An assistance to justices of the peace, for the easier performance of their duty.: By Jos. Keble, of Grays Inn, Esq.

Several Heads wherein Lambert, Crompton, and Dalton are Reduced, and the Particu∣lar Statutes accommodate to present use.

Abby.

Monestries, Religious, Houses, Chantries.

1. ON 27 H. 8. 27. (28.) §. 11. N. 1. the Quarter and General Sessions shall Hear and Determin the not keeping Houses of Husbandry and Tillage by the Patentee of the Scite &c. and this is given in Charge Lamb. 4. cap. 4. pag. 463. Crompt. 96. see 21 Jac. 28. §. 11. N. 39. 69.* 1.1

Abettors,

see Accessary and Appeal.

Abjuration.

Oath, Sanctuary, Exile.

I. DAlt. J.P. cap. 68. A man that is abjur'd, may have the surety of the Peace granted to him, or against him;* 1.2 for notwithstanding the Abjuration, he oweth the King his Legiance, and remaineth within the Kings Protection, and the King may pardon and restore him again: Qui abjurat Regnum amittit Regnum non Regem, 7 Co. 9. b. Calvin's case.

II. Dalt. J.P. cap. 92. also to kill a man that hath abjured the Realm,* 1.3 is Felony, 7 Co. 9. b. & Dr. & Stud. 133.

III. By 9 H. 3. St. 2. cap. 10. Charta de Foresta, Deer-killer that cannot find Sureties after a year and a days Imprisonment, shall abjure the Realm.* 1.4

IV. By Westm. 1. (3 Ed. 1.) cap. 15. §. 1. N. 3. the Sheriff shall not let to Bail those which have abjured the Realm.* 1.5

V. By 3 Ed. 1. (W. 1.) cap. 20 §. 1. N. 2. if Trespassers in Parks after three years Imprisonment cannot find Sureties, he shall abjure the Realm.* 1.6

VI. By 9 Ed. 2. cap. 15. §. 1. N. 2. a Clerk submitting to the Law,* 1.7 and taking Sanctuary, shall not be forced to abjure.

VII. By 21 H. 8. 2. Persons abjure to be marked with an hot Iron on the Thumb.* 1.8

VIII. By 22 H. 8. 14. §. 1. N. 6. Persons taken out of Sanctuary after Ab∣juration, to be Hang'd, 3 Inst. 115.* 1.9

IX. Lamb. 2. cap. 7. pag. 200. one Justice of Peace may take out of Sanctuary certain persons abjured thither, and others being Indicted of some kind of offences done after they became Sanctuary-men, 22 H. 8. 14. §. 3. N. 2. so Crompt J. p. 195. §. 7.

X. By 35 Eliz. 1. §. 2. N. 3. the Abjuration of a Seditious Sectary (being made in the open Quarter-Sessions of the Peace) ought to be certified from thence to the Justices of Assize at the next Assizes.* 1.10

XI. By 35 Eliz. 2. §. 8. N. 4. Popish Recusant (unless Feme Covert) not having twenty Marks per annum, shall abjure before two Justices.* 1.11

XII. Lamb. 4. cap. 4. pag. 414. Article of Charge at the Sessions of the Peace, on 35 Eliz. 1. §. N. & cap. 2. §. 8. N. 5. If any Popish Recusant, or other Seditious Sectary, which is by any of the Statutes to be abjured this

Realm, and all his Majesties Dominions, have either refused to make such Abjuration, or making it have not gone to such Haven within such time as was to him therefore appointed, and have not from thence departed this Realm, or after such departure have returned into any his Majesties Domi∣nions without his special license.

* 1.12XIII. Lamb. 4. cap. 19. pag. 619. the Abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace, and there to be entred of Record; and the place certain, and name of a Popish Recusant, (limired by the Statute unto a place) ought to be certified by the Minister and Constable that took and entred it, to the next Quarter-Sessions of the Peace, and there be entred of Record in the Rolls of the Sessions by the Clerk of the Peace, 35 Eliz. 1. §. N. 35 Eliz. 2. §. 9. N. 1.

* 1.13XIV. 3 Inst. 115. cap. 51. Abjuration was so intricated by 22 H. 8. 14. and other Statutes, that all stood repealed by 1 Jac. 25. §. 14. N. 1. whereby the ancient Common Law concerning Abjuration for Felony was revived, but by an Act (viz. 21 Jac. 28. §. 7. N. 1.) no Sanctuary shall be allowed, by which Act such Abjuration as was by the Common Law founded upon the Priviledge of Sanctuary, is wholly taken away.

* 1.14XV. Poult. de pace 189, 190. §. 2, 10, &c. and in Stamf. 2. cap. 39, fol. 116▪ the manner of Abjurations, Bract. 135. b. 136. e. 3 Inst. 217.

Absolution,

see Pope.

Accessary.

Accessary, Abettors, Principal, Coron.

* 1.15I. STamf. 2 cap. 18. fol. 71. the Accessary is Repleviable by the Common-Law until the Principal be Attaint, but not afterwards by some Books, as appears by Bract. 2.

And Britton 43. and the Register 270. which say that the Accessary shall be left to Mainprise until the Principal be Attaint, Ergo after the Principal is Attaint he shall no more be let to Mainprise but detain'd in Prison, and with this agrees 27. Ass. Coron. 200. Trin. 28. Ed. 3. Main∣prise 3 where one of the Principals was Attaint, the other not also it was after Plea Pleaded, and yet Mainprise would not be granted, but yet since this time the Law hath been put in use to the contrary M. 40 Ed. 3, 28. and P. 43 Ed. 3. 16. and the reason seems to be one 3 Ed. 1. (W. 1.) cap 15. §. 1 N. 4.

* 1.16II. Stamf. fol. 71. ibid. which Statute viz. 3 Ed. 1. (W. 1.) cap. 15. §. 1. N. 4. is taken o favourably as to the Accessary that they let to Bail those who are Indicted of Abetment, Consent, and Procurement, and yet such manner of Accessaries are not expresly contained in the said Statute, as it's noted also in the Register 270. And so note that the Accessary as well in case of the Death of a Man, as in case of any other Felony, is to be let to Mainprise.

* 1.17III. Lamb. 2. cap. 7. pag. 281. But for as much as it is evident by many Books (viz. 7 H. 4. 27. 11 H. 4. 13. and 10 Ed. 4. 14. and 21 Ed. 4. 71. and Coron. 309. 314. 350. 433. &c. that the Law is otherwise taken, viz. then Stamf. 7.) at this day touching them that to be of Society with the Prin∣cipal, and be also present with him that doth perpetrate the offence, &c. eased of that labour, Poult. de pace 144. §. 23.

* 1.18IV. Lamb. 2. cap. 7. pap. 282. and albeit the first of these Questions, (viz. Whether there may be Accessaries to such Felonies as were not at the Common-Law, but were afterwards created Felonies by Statutes, unless the

same Statutes do especially appoint it,) might have received the more ea∣sie resolution, for that all such as do Evil, or procure any Felony to be done, are the very cause thereof, so as without them it is to be thought that it should not have been committed; yet they of the Parliament House have in the making of sundry new Felonies, thought it convenient for the avoiding of all doubt to comprehend in plain Speech the Accessaries both before and after, So 1. Mar. 1. St. 2. cap. 12. §. 22. N. 1 of Rebellious Assemblies, and 1. and 2. Ph. and Mar. 4. §. 8. N 2. of Egyptains &c. Poult. de pace 144. §. 25. 26. 8. 14. Eliz. 5 §. 7 N. 1.

V. Lamb. 2 cap. 7. pag. 282. ibid. and this caused Mr. Stamford. 44. to write,* 1.19 that there could be no Accessaries after the Offence to the Felony 8. H. 6. 12. of Imbezeling Records, nor to 33. H. 8. 8. of Con∣juration, because those two Statutes have no express mention but only of the Accessaries before the offence committed, and that there could be no Accessaries at all 3 H. 7. 2. because thereby the procurers, Abbettors, and Relievers, are adjudged to be Principal Felons, Poult. de pace 144. §. 24.

VI. Stamf. 1. cap. 2. fol. 3. the words of the Statute 25. Ed: 3. St. 5. cap. 2. §. 1. N. 5. And if a man Counterfeit the Grand Seal,* 1.20 or the Privy Seal of the King, or his Money. In these Words there is no mention made of any Consenters or Aiders to this Counterfeiting, and yet the Consen∣ters and Aiders are taken to be within the perview of the said Statute, as appears M. 19. H. 6. 47. Treason Br. 9. and 3. H 7. 10. in Trea∣son Br. 19. makes nothing against this, for there wanted the word prodi∣toriè 1. Inst. 57. Dyer. 296. pal. Poult. de pace 144. §. 22. and 3. Inst. 138.

VII. Stamf. 1. cap,* 1.21 46. fol. 44. it seemeth that if an offence be made Felony by a Statute, though the said Statute does not speak expresly of A∣bettors, Procurers, Counsellors, and Relievers, yet they shall be taken to be within the Compass of the Statute, as appears fol. 3. &c. the same Law in case of Rape; where one doth the Act, and the other asists him and aid him, he by this is a Ravisher as well as his companion that did the Rape in fact, as appers, M. 11. H. 4. 13. Coron. 228. and yet the words of the Statute 13 Ed. 1. (W. 2.) cap. 34. are, if a Man Ravisheth a Woman, &c. but these were causers of the Rape, without whom perhaps the of∣fence had not been done, and the principal Actors being present when the Act was done; and therefore as Guilty as the Principal, &c.

VIII. Stamf. 42,* 1.22 ibid. Some will argue in this case that though Accessaries before the offence perpetrated shall be taken to be within the compass of a Statute that makes a Felony, though they be not expressed for the reason aforesaid, yet this doth not prove that Accessaries after the offence com∣mitted, shall be within the compass of such a Statute if they be not express; But however that be, they of the Parliament in the time of H. 8. provi∣ded for it, as appears well by 31. H. 8. 12. §. 6. N. 1. of Hunting, and other Statutes that are not now in force, as by 1 Mar. 1. St. 2. cap. 12. §. 22. N. 1. against Unlawful and Rebellious Assemblies, and the Statute 1. and 2 Ph. and Mar. 4. §. 8. N. 2. against Egyptians, yet also in force, which Act provides as well for the Accessary before the Fact, as after.

IX. Stamf. 44. ibid. Quaere,* 1.23 If this Statute (viz. 8 H. 6. 12. §. 3 N. 1. of Imbezeling Armour) extends to any Accessaries after the Principal Fact committed, because it hath expressed no other Accessaries, but before the Principal Fact committed? and it seemeth not, because a Man cannot say that the Makers of the said Statute intended them, no more then the Makers of the Statute 33 H. 8. 8. §. 1 N. 7. against Conjurations intended to touch any other Accessaries, but those before the Principal Fact com∣mitted, which Statute is not in force at this day, 3. Inst. 73.

X. Stamf. 44. Note, that it seemeth that there is not any Accessary in the offence, on this Statute (viz. 3 H. 7. 2. §. 1. N. 3.) because that the words are (be R••puted and Adjudged Principal Felons,) which makes them as it seemeth, all Principals.

* 1.24XI. Lamb. 2. cap. 7. pag. 283. for a more certain Rule in all these Points I will use this one Case, 3. and 4. Ph. and Mar. in B. R.

As Judge Dalison reporteth it. Two Men were Indicted upon 3. H. 7. 2. for the taking a Woman against her Will Feloniously, and two o∣ther Men were then also Indicted, for that knowing the Felony, they did Relieve the Offendors, and Comfort, &c. In this case, albeit the Statute doth make as well the Procurers and Abettors of the Felony, as also the Relievers of the Woman, knowing the matter, to be Principal Felons, and thereby these two persons, which Relieved the Felons only, (and not the Woman,) can be deemed no Principals; yet all the Judges of that Court were then of opinion that these Relievers be Accessary to this Felo∣ny, by the Statute 3 H. 7. 2. §. 1. N. 3. no less than if it were to a Fe∣lony at the Common-Law; for when a Statute (say they) makes a Felony, it is Felony, and hath Accessary to it, even in the same manner as it had been Felony at the Common-Law, as in a Rape which is declared by 13. Ed. 1. (W. 2.) cap. 34. If a Man Ravish, &c. yet if another knowing of the Fact, shall relieve the Ravisher, he shall be an Accessary no less then if it were to a Felony that had been by the Common-Law, 3. Inst. 61. vouch accordingly.

* 1.25XII. 3 Inst. 61. 62. by this Act (viz. 3 H. 7. 2. §. 1. N. 3.) not only the takers, but the Procurers, Abettors, of the Felony, and Receivers of the said Woman, willingly knowing the same, be all adjudged as Principal Felons; the like whereof we find not in any other Statute that we Re∣member, but by a Construction of the Common-Law, they that receive the mis-doers, and not the Woman, are Accessaries; for this Act maketh the Receivers of the Woman, &c. Principals, Poult. de pace 144. §. 22. and 145. §. 27.

* 1.26XIII. 3 Inst. 72. 73. this Act (viz.) 8 H. 6. 12. §. 3. N. 1. of Imbezeling Ar∣mour expresly extendeth to Accessaries before, and leaveth Accessaries after to the Construction of Law, yet may there be Accessaries after the Fact; for whensoever an offence is made a Felony by Act of Parliament, there shall be Accessaries to it, both before and after, as if it had been a Felony by the Common-Law; And therefore tho this Act expresseth Ac∣cessaries before, yet it taketh not away Accessaries after, but leaveth them to the Law contrary to the opinion of the Justice, Stamf. 44. suprà Polut. de pace 142. §. 22. Hales Pleas of the Crown. tit. Accessary.

* 1.27XIV. Stamf. 113. But yet it seemeth that the Accessaries to Petit Trea∣son, shall have Sanctuary. (viz.) notwithstanding the General words of 28 H. 8. 7. §. 20. N. 1.)

* 1.28XV. Stamf. 113. It seemeth also that the Accessaries in these cases (viz.) 27 H. 8. 4. §. 3. N. 1. and 28 H. 8. 15. §. 3. N. 1.) of Piracy shall not be Excluded of their priviledge of Sanctuary because, they are not expres∣ly in the letter of the said Statutes.

* 1.29XVI. Mich. 11 and 12 Eliz. Dyer 296. Pl. 21 Memorandum, that John Conyers Gent. was Indicted of the Traterous Reception and Comforting, of one John Fayrfax Gent. knowing him the said John F. Falsly and Tray∣terously to have Made and Counterfeited divers pieces of Money, of false Mettle to the likeness of Good and Lawful Money of England (cal∣led Shillings,) and upon his Arraignment, he was found Guilty, and the Justice, did not proceed to Judgement of Treason upon this Indictment, because it was only Misprision of Treason, & sic videbatur Postea etiam di∣versis aliis, and at length he was pardoned, 3. Inst. 138.

XVII. 3 Inst. 138. cap 64. on Dyer 296. A. doth Counterfeit the Kings Coyn, viz. Shillings, and C. knowing the same, doth receive A. and Com∣fort and Aid him, this Counterfieting is High-Treason by the Common-Law in A. and yet it hath been holden, that in this case C. hath not com∣mitted Treason, (Stamf. 3.) for then in Judgement of Law he must be a Counterfeiter of the Kings Coyn within 25 Ed. 3. St. 5. cap. 2. §. 1. N. 5. which he is not; and therefore (say they,) this is Casus Omissus; but all agree, that procurers of such Treason to be done before the Fact done, (if after the Fact be done accordingly in Case of Treason) are Princi∣pals, for that they are Participes Criminis in the very Act of Counterfeit∣ing; but saving reformation, we hold, that if any Man commiteth High-Treason and thereby becometh a Traytor: If any other Man knowing him to be a Traytor, doth Receive, Comfort, and Ayd him, he is Guilty of Treason; for that there be no Accessaries in High-Treason, and so it was resolved by the Justices Pasch. 4 Jac. In the case of Abingdon, who Recei∣ved, Comforted, and Ayded Henry Garret Superior of the Jesuits, know∣ing him to be Guilty of the Powder-Treason, and accordingly Abingdon was Indicted and Attainted of High-Treason. See 1 Ed. 6. 12. §

And whereas it is said Dyer 296. that the said Offence in Conyers was Misprision of Treason. That cannot be because there was a consent, and not a concealment only: otherwise High-Treason being the highest Of∣fence, should have more favour then Felony, for the Releiver and Com∣forter in Case of Felony is punnished by death, and so is not he that com∣mitted Misprision of Treason; And lastly, this is no new Treason but a partaking and a maintaining of the old, Poult. de pace 141. §. 1.

XVIII. Dalt. cap. 108. in High-Treason there be no Accessaries for all the Advisers, Counsellors, Persuaders, and Assistance therein be Principals,* 1.30 &c. they being the very cause of the Fact may well seem as Culpable, or more then the principal Actors, for plus peccat Author quam Actor, so 3. Gen. of the Serpent, and 2. Sam. 12. 9. of David &c. But yet it seemeth that this is to be understood of Accessaries before the Treason for Receiv∣ing, Aiding, and Comforting a Traytor after the Offence, knowing the same was holden to be but Misprison of Treason, Dyer 296. and yet by some other Authorities, the Receiving of Tarytors after the Offence, knowing thereof, is holden to be Treason, 3 H. 7 10. Treason Br. 19. per Hussey Ch. J. so Boult. J. P. cap. 24. pag. 103.

XIX. Terms del ley verbo Accessary,* 1.31 that Accessary by the Statute is such a one that Abetteth, Counselleth, or Relieveth any Man which commiteth, or hath commited any Offence made Felony by Statute; for although the Statute doth not make mention of Accessaries, Abettors, &c. yet they are included by the interpretation of the said Statute, Stamf. 42. Lamb. 282. and 3. Inst. 61. 62.

XX. Cromp. J. P. fol. 42. §. 13. see Lamb. 283. that Justice Dalison said,* 1.32 that 3. and 4. Ph. and Mar. it was held by the Court in B. R. that an Acces∣sary shall be to an Offence of Felony given by Statute, though it be not so limmitted by the said Statute, as an Accessory shall be to a Felony by the Common-Law, and Stamf. 44. accords, and 19 H. 8. 47. accords in case of Counterfeiting of the Kings Seal or Money, &c. And so it shall be of Tryal by Peers, where a new Statute makes Treason &c.

XXI. Dalt. J. P. cap. 108. pag. 284. Note also when a Statute maketh an Act to be Treason or Felony,* 1.33 which was not so before by the Com∣mon-Law, and yet the Statute saith not, that the Abettors, Aiders, Com∣forters, or Consenters to the doing thereof, shall be also Felons yet it, shall be Felony in them, for that they were the causes of the doing or committing of the Offence, which it may be otherwise, had not been commited, Lamb. 279. 280. 19 H. 6. 47. and 11 H 4. 13. Coron. 228. and

so it seemeth of Recievers, &c. after the Offence, Lamb. 281. For where a Statute maketh any thing Felony, it is made as Felony to all Intents and purposes.

* 1.34XXII. Poult. de pace 145. §. 28. Note, that in all the cases aforesaid on (viz. 8. H. 6. 12. and 1. Mar. 1. St. 2. cap. 12. and 1. Jac. 12. of Conjuration and 3. H. 7. 2.) touching Offencess made Felony by Statute, the Aiders, Abettors, and Councellors, be made Principals by the Spe∣cial words of the same Statute, and not Accessaries to the same Felonies.

* 1.35XXIII. Dalt. 288. cap. 209. If the party Robbed; or if he that shall have any Goods Stoln from him after complaint made by him of the Felo∣ny to the Justice of Peace, or to the Constable, shall then take his Goods again, or otherwise be compounded withal, and will not prosecute this matter against the Felon any further, but will suffer him to escape after he was once so charged, and perhaps Arrested for the same; Quaere, If this makes not him an Accessary.

* 1.36XXIV. Crompt. 41. §. 7. A man sayeth to me that he will Kill another; and I say I am content; Quaere, If this makes me Accessary if he Kill him, for it is a sufferance in me and no Commandment, &c. 21 H. 7. 35. Distor. Br. 15. 39. 38. Ed. 3. 18. Tresp. Br. 113.

* 1.37XXV. Lamb. 4. cap. 5. 492. Neither is it good in an Indictment against an Accessary, to say that he received the Goods without telling that he re∣ceived the Felon, 27. Ass. 69. 9 H. 8. 41. and 25 Ed. 3. 39. nor to say that he (scienter Felonem Domini Regis apud Arecepit,) without shewing what Fe∣lony he committed, 7 H. 8. 65. nor without telling that he knowing it, received him Feloniously, 7 A. 8. 42. unless he receives one that is At∣tainted of Felony in the same County, for then he must at his Peril take knowledge of the Attainder, 8 Ed. 4. 3. but Quaere Crompt. 108. §. 1. 2. 3.

* 1.38XXVI. Lamb. pred. 10. pl. 27. An Indictment against the Stealer of a Horse and his Accessary after.

* 1.39Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. nuper de C. in dicto Com. Gelder XXIX. die Aug. Anno dicti Dom. Nostri Regis, &c. quoddam Stabulum in Domo mansionali Cujusdam J. S. in∣fra Parochiam de C. predict. in Com. predict. existens fregit & intravit & unum Equum spadonem Anglice vocat a Guelding Coloris Albi pretii XXX s. de bonis & Catalis ipsius l. ibidem existentes inventos Felonice cepit & abdu∣xit contra pacem dicti Dom. Regis Coronam & Dignitatem suas.

Ed quod K. H: nuper de C. predicta in Com. predicto Horse-Courser sciens prefatum A. B. Feloni preamdictam apud C. predict. modo & firma predictis fecesse & perpetrasse eundem tamen A. B. apud C. in Com. predicto XXX. die dict. mensis Aug. Anno supradict. Felonice recepit & hospitio accepit post Fe∣loniam predictam sic per ipsum A. B. ut preferter facta & Commission. contra pacem dicti Dom. Regi nostri nunc & contra Coronam & Dignitatem West. suas Sy. mt. 2. part. 130. Sect. 204.

* 1.40XXVII. Lamb. Prisidents. 10. pl. 29. An Indictment against the Stealer of Cow and his Accessary before.

* 1.41Juratores pro Dom. Rege, &c. presentant quod A. B. de C. in dicto com. Shoe∣maker primo die July Anno Regni Dom. nostri &c. Regis &c. in quodam loco infra parochiam de C. predict. si com. predict. vocat the Cow Pasture vi & Armis Clausum Cujusdam I. S. de D. in com. predict. yeoman fregit & entravit & quandam Vaccam coloris Nigri pretii X l. s. bonis & Catallis predicti I. S. tunc ibidem existent invent. Felonice cepit furatus est & abduxit contra pacem dicti Dom. Regis nunc Coronam & Dignitatem suas.

Et quod quidem G. H. de C. predict. in dicto com. Butcher ante Feloniam predictam scilicet eodem primo die July Anno supra dicto eundem R. apud C. predict. in com. predicto ad Feloniam predict. faciendum & perpetrandum mali∣tiose

& Felonice excitavit persuasit & procuravit contra pacem dicti Dom. Regis Corronam & Dignitatem suam West. Symt. 2 part 130. §. 206.

XXVIII. Crompt J. P. 245. pl. 41. And Indictment pro Incendio Domus,* 1.42 with an Accessary before and after.

Inquiratur pro Dom. Rege si W. S. nuper de O. in com. predict Smyth.* 1.43 XII. die Octob. Anno Regni Regis &c. circa horam XII. in nocte Ejusdem diei vi & Armis viz. Gladiis &c. apud S. in com. predict ad domum mansionalem cujusdem I. C. simul cum aliis venebat ea intentione ad spoliandum dict. I. C. de bonis & Catallis suis in eadem domo tunc existentes si idem in nuper tectu∣ram ejusdem domus vulgariter nuncupat the Covering of the House ad tunc & ibidem cum una scula ascendebat & seandebat ea intentione pertectu∣ram predict ad intrandum & ingrediendum in domum illam.

Ac si dict. W. simul cum alliis predict. I. G. R. C. M. P. & Eliz. G. in eadem domo tunc & ibidem inferebant ita quod de vitis tunc desperaba∣tur ac si dict. Willielmum simul cum aliis predictis ad tunc & ibidem ex ma∣licia tua precogitata eandem cum igne tunc & ibidem Felonice comburebant predict I G. R C. M P. & Eliz. G. in eadem domo existentes contra pacem &c.

Ac si W. R. de B. in com. predict yeomam & W. S. de S. in com predict generos. ante feloniam predict' per ipsum I. G. & alium factum & perpetratem predict W. S. predict. XII. die Octob. Anno supradict' apud B. predict in com. predict' ad Feloniam predict' sic in fronta predict' faciendum & appetrandum Fe∣lonice exitaverunt procuraverunt & abettaverunt contra pacem &c.

Ac si predict W.R. & W.S. scientes predictum W. S. simul cum aliis supradict felonium pred. in firma pred. sic fecisse & perpetrasse eundem W. S. postea scilicet XIII. die or to be Anno predict' apud B. predim' in com. pre∣dict Felonice receperunt comfortaverunt hospitaverunt & concelaverunt con∣tra pacem dicti Dom. Regis &c.

XXIV. West. Sym. 2 part 145. §. 285. An Indictment for Receiving,* 1.44 Aiding, and Comforting of a Felon, knowing him to have done a Felony.

Inquiratur pro Dom. Rege &c. si R. S. sciens prefatum I. R. Felon. pred. in forma pred. fecisse & perpetrasse eundem IX. die &c. Anno &c. in com∣mitat pred. Felonice recepit auxiliatus fuit & comfortavit contra pacem' &c.* 1.45

XXX. West Sym. 2 part 147. §. 299. An Indictment for Stealing of 4. Oxen and of the Accessaries before and after.* 1.46

Inquiratur pro Dom. Rege &c. si A. B. de F. in com. N. pred. Yeoman 4. die. &c. Anno Regni &c. VI. bonis pretiis &c. de bonis & Catallis I. S. de W. in com. pred. invent. Felonice fuerat. cepit & abducit.* 1.47

Et si W. de B. de N. in com. pred. Yeoman 7. die &c. Anno Regni &c. apud N. in com. pred. fuerant consentientes & abbettant. pred. A. B. ad Feloniam' predict in forma predict. faciend contra pacem &c.

Et si H. W. & P. R. nuper de &c. scientes predict' A. B. Feloniam predict' in forma pred. fecisse apud T. predict' & alibi in com. predict' predict' X die &c. eundem A. B. Felonice receptaverunt contra pacem, &c.

XXXI. West. Symp. 2. part 157. §. 353. An Indictment for procuring Burglary &c.* 1.48

Juratores pro Dom. Rege super sacramentum suum presentant quod I. W. nu∣per de L. clericus alias dictus,* 1.49 &c. X die May Anno Regni &c. apud parochi∣am de M. magna infra sanctuarum Ibidem in Warda de A. London maliciose & Felonice abettavit & procuravit P. W. de &c. ad Felonice frangendum & intrandum in domum W. prioris hospitalis sancti Johannis Jerusalem in Ang∣lia apud St. James Clarkenwel in predict' com. M. infra predict hospitalem pre∣dict' Prioris ibidem & ibidem Felonice furatum capiend' & asportandum unum Cyphum Argenteum & de auratum vocat a Goblet predict prioris ad valent &c. & unam olam argent perecel de aurat ejusdem prioris ad valentiam &c. & a∣lia bona predicta prioris ibidem existent quam quidem abbettationis & pro∣curationis pretextu predict R. X die, &c. Anno supradict &c. vi & Armis &c.

Domum & mansionem dicti prioris apud &c: intra hospitionem predict: &c: cura horam secundam in Turrora & ante meridiem ejusdem die Burglariter & Felonice fregit & predict cyphum de Argent de Aureat vocat a Goblet ad valentiam C: S: & predictam ollam Argent percel de Aureat ad valent X li: ac alia bona ejusdem priores viz. duo saliseria de Argent & de Aureat ad va∣lentiam X l: S: &c. de bonis & catallis dicti prioris ad tunc & ibidem invent Felonice furat fuit cepit & aspertavit contra pacem &c.

Action

see Information.

Account.

Church-Wardens, Collectors, Surveyors, Overseers, Ways, Poor, Taxes.

* 1.501. BY 5 Eliz. 3. §. 6. N. 1. the Gatherers or Collectors for the Poor, shall make their just account quarterly to the Mayor or chief Officers of the said Cities, Burroughs and Towns Corporate, and in every Parish of the said County, to the Parson, Vicar, or Curat, and Church-War∣dens of the Parish, at which account such of the Parish as will may be present.

* 1.51II. 5 Eliz. 3. §. 6. N. 3. and if the said Collectors or any of them, do refuse to make their said account, within eight days after request made to them for the same; then the Bishop of the Diocess, or the Ordinary of the place, Chancellors or their Commissaries, together with a Justice of Peace and the Church-Wardens of the said Parish or one of them, shall have Authority by virtue of this Act upon complaint to them made; to com∣mit the said person or persons so refusing to Ward, there to remain with∣out Bail or Mainprise, until he or they so refusing shall make their said accounts before such persons as the said Bishops, Ordinary, Chancellors, or Commissaries and Justices of the Peace shall appoint; and so make im∣mediat payment of the Sums, wherewith by determination of the said ac∣count they shall be charged.

* 1.52III. 14. Eliz. 5. §. 18. N. 1. the Collectors for the Poor, shall make their just account half-yearly of their Collection and Gathering to two Justices of the Peace dwelling next to the abiding place, not being within any City &c.

* 1.53IV. Eliz. 5: §: 18. N: 4. and if any Collector for the Poor refuse or Ne∣glect, to make his account by the space of 14 days after request to him therefore made, then the said two Justices or one of them, to commit the said Collector to the next Goal for the said County, there to remain with∣out Bail or Mainprise till he have made his said account, and immediat payment of all such sirplusage as he hath received.

* 1.54V. 14 Eliz: 5. §. 30. N: 4. and that it shall be lawful to the Bishop of the Diocess for the time being, where such Hospital (viz. that hath no local visitor) is or shall be, or his Chancellor upon complaint or other intelligence of just cause, to take account how the Rents, Revenues and Profits, of a∣ny such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such persons as have had the Collection or Reciept of any the said Rents, Issues, Revenues, Profits, Cromp. pl. J. P, 200.

* 1.55VI. 14 Eliz: 5 §. 30 N. 5. and If any so called shall refuse to account or entring into account shall refufe forthwith to imploy or answer to the use of the said Hospital, such sum or sums of Mony as upon the same account shall appear to be due by him, that then he shall forfeit and lose such sums

of Mony as to the said Bishop or Chancellour, and to two Justices of the Peace next inhabiting to the said Hospital shall be thought meet.

VII. By 39 Eliz: 4. §. 13. N: 2. Chancellor may award Commission to any,* 1.56 to call all and every person and their sureties, and every of their Executors or Administrators, to an account for the Poors stock, And to compel them by Attatchment of their Goods or Bodies to appear before them to hear and determine the same.

VIII. 43 Eliz: 2. §, 2. N: 2. the Church-Wardens and Overseers of the Poor shall within Four days after the end of their year,* 1.57 and after other O∣verseers nominated, &c. make and yeild up to two Justices of Peace, one of the quorum in or near the Parish, &c. a true and perfect account of all sums of Money by them Received or Rated, and Sessed, and not Received; And also of such Stock as shall be in their hands, or in the hands of any of the Poor to work, and of all other things concerning their said Office,

Addition.

Nosine, alias Dictus.

I. LAmb. 4. cap. 5. pag. 480. the name and Sirname of the party In∣dicted must be certainly expressed,* 1.58 and if the Indictment be of an Ac∣cessary Felony, the name of the Principal must be set down also; for if the Indictment be quid A. mandavit Cuidam ignoto Occidere B, &c. this is vicious, but in Treason Trespass or maigim where all be Principals, it may be quod procuraevit personas ignotas to do it: Marrow.

II. Lamb. 486. ibid. the certainty of the name of the Person to whom the Offence is done, is also in most cases requisite,* 1.59 but yet quod bona cujusdam ignoti cepit Felonice or quendam ignotum Felonice depredavit its good, be∣cause of the Kings advantage of forfeiture thereby, Indictment 12, & Dyer 285. pl an Affray and Assault in quendam ignotum is good enough being at no mischief, but a verrable that the new Indictment by name is for the same Offence and none other.

III. Lamb. 460. ibid. Besides the Name and Sirname of the party Indict∣ed,* 1.60 there ought also by the Statute of 1 H. 5. 5. in every presentment wherein Process of Outlary lyeth, to be added, his Estate, Degree, or Mystery, and the County, Town, Hamlet, or place where he is, or was Conversant; and even so ought it to have been at the common-Law, Also as touching names of Dignity made by Creation, as Duke, Marquess, Earl, Viscount, Arch-bishop, Bishop, Knight, or Serjeant at Law, because every of these Titles were accounted parcel of the name. But it was not so for the names of Baron, Bannaret, and Esquires, which are but names of Dignity without Creation, nor for Chancellour, Treasurer, Chamberlain, Chief Coroner, Eschaeter, Bayliff, Dean, Arch-Deacon, Prebend, or Parson, which are Names of Dignitaries by reason of Office only, unless the presentment did charge them in respect of their Office, for then the name of Office also, as Bayliff, or Eschaeter ought to be used in the Indict∣ment. Crompt. J. P. 120. §. 23.

IV. Lamb. 4. cap. 5. pag. 481. but Borough Knight, Esq Gentleman,* 1.61 Al∣derman, Widow, Single-woman, Dean, Arch-Deacon, Parson, Doctor, Clark, Parish-Clark; are good Additions of Estates, or Degree, (as I take it) within the meaning of this Statute, 1 H. 5. 5.

V. Lamb. 481. ibid. but Farmer, Servant, Butler, or Chamberlain,* 1.62 are no good Additions, because they be common to Gentlemen and Yeomen, and therefore uncertain, Crompt. 104. §. 44.

* 1.63VI. Lamb. 481. ibid. so Chop-Church, Marchant, Grocer, Mercer, Tay∣lor, Broker, Husbandman, Hostler, Labourer, Lighterman, Waterman, Spinster, &c. be good Additions of Mystery, Cromp. 109. §. 2.

* 1.64VII. Lamb. 281. ibid. But Citzen is no good Addition, because it is no Mystery, Act, or Degree, Cromp. 101. §. 11. neither is Extortioner, Main∣tainer, Vagagond, Heretick, Dicers, Carders, or such like, any good Ad∣dition, because they are every one against the Law.

* 1.65VIII. Lamb. 481. 482. Also by 1 H. 5. 5. the Addition ought to compre∣hend the County, and the Town, or Hamlet, or place known out of the Town or Hamlet, whereof the party is, or was, so that if there be divers Hamlets in one Town, he may be named either of the Town or Hamlet: But if he be named of a place known, and the place be within a Town, then he must be named of the Town, 35 H. 6. 30.

* 1.66IX. Lamb. 482. And if both the Town and the Parish, do bear one Name, he may be named of the one, or of the other of them, but if there be two Towns in one Parish, then he ought to be named of the Town, and not of the Parish, L. 5 Ed. 4. 129. and 22 Ed. 4. 2. and 22 H. 6. 41.

* 1.67X. Lamb. 482. As for an alias dictus, which is often put in the Addition, the use thereof is Chiefly in Writs grounded upon Especialties, and to make the Writ and Writing to agree; for as touching Indictments, if the party be not well named, both for his Name, of Baptism, Surname, Mi∣stery, or Degree, and place at the first, then cannot the alias dictus make that good which was evil before, Cromp. 102 §. 25.

* 1.68XI. Lamb. 482. 463. it appeareth 1 Ed. 4. 2. and 2 Ed: 4. 16. that the Addition of the Degree or Mistery, must always be such as the party hath at the very time, but the Addition of the place may be of such where he was at any time before, so that then the Word Nuper be used with it.

* 1.69XII. Lamb. 283. furthermore the Indictments must contain the Day, Year, and Place, in which the Offence was committed, 8 Ed. 4. 8. 2 H. 7. 2. and 25 Ed. 3. 43.

* 1.70XIII. Lamb. 4. cap. 6. pag. 502. In Informations, 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 Rescues be returned by the Sheriff against certain persons without their Additions, yet in that case they may well be Outlawed up∣on it.

* 1.71XIV. By 27 Eliz. 7. §. 2. N. 1. No. Shiriff, Coroner, or other person to whom it shall appertain to make return of any Writ, shall return a Ju∣ror dwelling out of any Liberty, without the true Addition of the place of his dwelling or abode, at the time of the sald return, or within one year next before the making of any such return, or some other Addition by which the party returned may be known, Lamb. 4. cap. 4. pag. 427.

* 1.72XV. 27 Eliz. 7. §. 2. N. 2. Nor any Juror within any Liberty, with other Addition then such as shall be delievered to him by the Bailiff of the said Liberty, or his Deputy, certifyed under his or their Hand.

* 1.73XVI. 27 Eliz. 7. §. 2. N. 3. Nor any Bailiff of any Liberty, nor any of his or their Deputy, shall of himself return any Juror, or Deliver to the Sheriff, his Under-Sheriff or other Deputy, the names of any persons to be returned upon any Pannel or Jury, without the true Addition cer∣tified under his or their Hands, to the Sheriff of the place of the dwel∣ling, or the abode of every person to be returned at the time of the said return, or within one year next before the said return, or some other Addition, by which the party returned, may be known.

* 1.74XVII 27 Eliz. 7. §. 2. N. 4. And that no extract of Issues against any Ju∣ror returned as aforesaid, shall be delivered out, received, or put in ure,

without such Addition as is put in the Original Pannel or Tales, where∣in such Juror shall be so returned.

XVI. Cromp. J. P. 101. §. 10. a Person was Indicted Mich:* 1.75 25 Eliz. in B. R. by the name of A. B. Parson of Dale, and it was Ruled to be a void Indictment because he may be Parson of Dale, and yet he may abide elsewhere Lamb. 4. cap. 5. pag. 482. Cromp. 110. §. 25.

XIX. Cromp. J. P. 102. §. 25. the Addition and other things according to the Statute of 1 H. 5, 5. shall be in the premises of the Bill,* 1.76 and not in the alias dictus, 1 Ed, 4. 1. Cromp. 109. §: 5. 13. 17. 36 H 8. 28.

Affearment,

see Amerciament.

Affray.

Assault, Trespass, Battery, Force, Menace, Riot, Threats, Violence, Striking, Quarrels, Behaviour.

I. LAmb. 2. cap. 3. page 125. Affray signifieth to terifie,* 1.77 or bring fear, which the Law understandeth to be a common wrong; and therefore it is (3 Inst. 158.) inquirable, and punishable in the turn of the Sheriff, and in a Leet, 4 H. 6. 10. & 8 Ed. 4. 5. Dalt. J. P. 35. other∣wise it is of an Assault, as it seemeth by those very Books.

II. Lamb. 126. Ibidem. Yet may an Affray be,* 1.78 without word or blow given; as if a man shall shew himself furnished with Armour or Weapon which is not usually worn, it will strike a fear upon others that be not ar∣med as he is; and therefore both the Statutes of Northampton (2 Ed. 3. 3.) made against wearing Armour, do speak of it, by the words, Affray del pais & in terrorem populi, surety. Br. 12. Bolt. J. P. 249. §. 14.

III. Lamb. 126. But an Assault,* 1.79 &c. cannnot be performed without the offer of some hurtful blow, or at the least of some fearful Speech.

IV. Lamb. 127. Menacing, Affrays, Assaults,* 1.80 and injurious and violent Handlings and Mis-intreatings of the person, Batteries and malicious Strikings; &c. be breaches of the Peace, and do draw after them the forfeiture of a Recognizance knowledged for the keeping of the Peace. Lamb. 111.

V. Lamb. 2. cap. 3. page 130. A Justice of Peace is undoubtedly for this purpose endowed with no less Power than every private man Master,* 1.81 Kindred, School-master, or any Constable hath, as it is plain by 14 H. 7. 8. & 9 Ed. 4. 3.

VI. Lamb. 130, 131. The Law looketh that every private person who shall happen to be present at an Affray, Assault, or Battery,* 1.82 (for now I will, with other men, confound their names) should do his part to part them that fight together; and it doth to that end enable him also with some portion of Authority.

VII. Lamb. 131. If two be fighting, every stander-by may lawfully,* 1.83 and shall do well to put them in sunder; and if he take hurt thereby, he shall have his remedy by action against him that did the hurt: but yet he being but a private man, may do no hurt, if they resist, for they also shall then have action against him, wherein his Case differeth from the Case of an Officer, Lamb. 133. Dalt. 33. cap. 1.

VIII. Lamb. 131. Ibid. If an Affray be in the high street,* 1.84 and one co∣meth towards it with Harness or Weapon, to joyn with the one, or other party, every one that seeth it may stay him till the Affray be ended. Dalt. 33. cap. 8. Cromp. 146.

* 1.85IX. Lamb. 131. Ibid. Any man also may stay the Affrayers until the storm of their heat be calmed, and then may he deliver them over to the Constable to Imprison them till they find surety for the Peace, but he him∣self may not commit them to Prison, unless the one of them be in peril of death by some hurt, for then may any man carry the other to the Gaol, tillXX it be known whether he so hurt will live or die, as appeareth by 3 H. 7. 1. §. 1. N. 7. Dalt. 33. cap. 8. Infra 16.

* 1.86X. Cromp. J. P. 147. Dicitur 38 H. 8. Faux Imprisonment Br. 6. 41. That a man cannot arrest him that made an Affray, after the Affray is past, with∣out a Warrant contrary, before the Affray, and in time of the Affray.

* 1.87XI. Lamb. 131. And if he which did the harm in Affray do fly into another mans House, yet may any man that followeth him, upon Hue and Cry made, break open the House, and enter, and take him, 7 Ed. 3. Barre 291. 5. Co. 95. Cromp. 146

* 1.88XII. Lamb. 2. cap. 3. page 132. Now that it is not only lawful, but com∣manded also, that the ••ander-by do shew his best endeavour in these Cases, it appeareth in Coron. 395. that one which stood by and looked on whilst a man was slain, was Imprisoned till he made Fine, because he did not be∣stir himself to attach the Murderer.

* 1.89XIII. Lamb. 132. Ibid. If a Constable, or such other Officer, do see a man endeavouring to make an Affray, he may command him to avoid upon pain of Imprisonment, and if the Affray be great or dangerous, he may make Proclamation, and may command the parties to Prison for a small time, till their heat be passed over, and then he must deliver them, without any Fine taking, Dalt. 33. cap. 8. Cromp. 146.

* 1.90XIV. Lamb. 2. cap. 3. page 132. But if two do use only hot words one against another, the Officer may lay no hands upon them, unless they do also draw Weapon, or do otherwise offer to strike. Cromp. 146. per Marwood. Dalt. 34. cap. 8. infra. §. 30. & Lamb. 77.

* 1.91XV. Lamb. 132, 133. If they once fight together, then may the Officer depart them, and if he hap to be hurt in that doing, he shall have an Action of Trespass for it: But if any of them be hurt by him in the resistance, no Action lieth for them; for the Officer ought to do his best to depart them; Insomuch as if it be presented at the Sessions of the Peace, That he was pre∣sent at an Affray, and did not use his endeavour to put them assunder that fought together, he shall be deeply fin'd for it: otherwise it is if he were not present, but were only told of the Affray, per Marwood. Cromp. 146. Dalt. 33. cap. 8.

* 1.92XVI. Lamb. 133. If any of the parties be in danger by reason of a hurt received in the Affray, then ought the Officer to arrest and carry the other to the Gaol until he shall find surety to appear at the Gaol-delivery. 22. Ass. 56. 38. Ed. 3. 6. Faux Imprisonment. Br. 6. Fitz. J. P. 72. Dalt. 33. cap. 8. see 3 H. 7. 1. §. 1. N. 7. supra 9.

* 1.93XVII. Lamb. 133. If two men be fighting in a House, the door shut, then may the Officer break open the door to see the Peace kept, though neither of them have taken hurt, Cromp. 146. b. Dalt. 34. cap. 8.

* 1.94XVIII. Mich 5 H. 7. 6. Pl. 12. A man counted in Trespass, Br. 272. That the Defendant such a day and year, with Force and Arms, had assaul∣ted the Plaintiff, and beat him, and imprisoned him by the space of a day, &c. And the Defendant justified the beating, because the Plaintiff made assault on the Defendant the same day, year and place; de son tout, Br. 18. And as to the Imprisonment, he said he was Constable in the same Vill, and because he made an assault upon him, and broke the Peace, he took and carried him to the Gaol, for preservation of the Peace, and this was held a good Plea by all the Court, quod nota; notwithstanding he was the same person on whom the Plaintiff would have broken the Peace,

because he was Constable, and in preservation of the Peace, and of his own Person, he may arrest him; And the Plaintiff said, de son tout, &c. and this was held a good Plea, because no matter of Record was alledged in the Plea, as that a Capias came to him as Sheriff to take the Plaintiff, &c. Lamb. 134. Dalt.

XIX. 5 H. 7. 6. Faux Imprisonment,* 1.95 Br. 41. If a man makes an assault upon the Constable, he may justifie to arrest him that made the assault, and to carry him to Gaol for breach of the Peace, though he himself be party (viz the Constable) on whom the assault was made, quod nota; and yet contra 14 H. 7. 8. Peace Br. 7. that the Justices of Peace cannot award a Warrant to arrest a man because he hath broken the Peace; but they may award a Warrant to arrest him for fear that he will break the Feace in futuro. Kell. 41. pl. Cromp. 147. Dalt. 34. cap. 8.

XX. Cromp. 147. The Constable ought to take surety by obligation of such as he finds making Affrays. Fitz. J. P. 157.* 1.96

XXI. Lamb. 134. If one do make an Affray upon a Justice of Peace,* 1.97 Constable, or such other, he may not only defend himself, but may also apprehend the Offender, and send him to the Gaol till he will find surety, of the Peace. 5 H. 7. 6. supra. 18. And the Justice or Constable may, if need be, command assistance of the Kings People for the pacifying of an Affray. 3 H. 7. 10. Dalt. 35. cap. 8.

XXII. Lamb. 133. And yet when the Constable hath taken an Affrayer,* 1.98 he may not Imprison him in his House, but in the Stocks; and that not above such reasonable time as he may provide to convey him to the Gaol till he find surety for the Peace, 3 H. 4. 9. 22 Ed. 4. 35.

XXIII. Lamb. 134. If he that maketh an Affray do fly into a House when the Justice of Peace or Constable cometh to arrest him,* 1.99 they may also in fresh Suit break open the doors, and take him, per Marwood: or if he fly thence, they may make fresh Suit, and arrest him, though it be in another County, by the opinion of some men, 13 Ed. 4. 9. And it should seem by the reason of that Book, that in this Case also they may break open the doors to apprehend him, because the King hath an Interest in the matter, and then a mans House shall be no refuge for him, as it should be in Debt or Trespass, where the Interest is but only to some particular Subject, Cromp. 146. b. & 112. Dalt. 34. cap. 8. Com. 37. Plat's Case, & 3. Co. 52. Ridg∣way's Case 10 Co. 31. b.

XXIV. Cromp. 146. b. An Affray was in the Vill where the Sessions were held, which is Corporate,* 1.100 and hath Justices of the Peace within them∣selves, the Justices of the Peace shall not intermeddle there, see 2, & 3 Ph. & Mar. 18. Otherwise it is at the Assizes; for within Cities and Vills they have the Fines and Amerciaments, and commonly pay a Fee Farm for their Liberties and Profits to the King.

XXV. Cromp. 146: b. If an Affray be made in one County,* 1.101 and is conti∣nued in another County, the Constable of one County cannot pursue him in another County, and take him there, as Constable; and yet any man may pursue him into another County, but not to bring him out of it. But if an Affray be made in a Vill, and he fleeth into a Franchise which is in the same County, the Constable of the first Vill may pursue him, and take him out of the Franchise by fresh Suit, Dalt. 34. cap. 8.

XXVI. Cromp. 172. b. it was touch'd, If a man makes an Affray,* 1.102 and the Justices of Peace or Constable seeing him so making Affray come to the same Affray, and would arrest him, and he fleeth into another County, the other may freshly pursue him there; but in case of Felony, fresh Suit is not material, by 13 Ed. 4. 8. b. Pl. 4. per Coke.

XXVII. Cromp. 172. b. 173. If a man be arrest to the Peace,* 1.103 and he flyeth after the arrest into another County, the Officer may follow him upon fresh

Suit, and there take him, see 2 Ed. 4. 6. b. Pl. 15. in Trespass 94. Br. 296. where a Serjeant of London arrested one in London, and he drew his Weapon, and fled to Mile-end, and the Serjeant followed him, and arrested him there, and well.

* 1.104XXVIII. Pasch. 13. Ed. 4. 8. b. Pl. per Croke, it was also touch'd, If a man makes an Affray, and the Justices of Peace or Constable seeing him so ma∣king Affray, come to the same Affray, and would arrest him, and he flyeth into another County, and the other freshly pursueth him, if he can arrest him in the other County, &c. And some said this is not like a distress driven into anothers hand, which may be there taken, &c. otherwise it is here query, for some conceived all one; and for an Affray fresh Suit is material; but if it were for Felony, it's not material, for he may take him in any Coun∣ty: But it was debated, whether he should carry him to the Gaol where the Felony was done, &c. and it seemeth he should, for he may be best delivered there, &c. (Brian) to the contrary, that he must be carried to the Gaol where he was taken, &c. and for his deliverance he may be re∣moved by a Writ, &c.

* 1.105XXIX. Lamb. 2. cap. 3. pag. 134, 135. Now if the Constable doth arrest one that hath hurt another, and do voluntarily suffer him to escape, and then he that was hurt dyeth thereof within the year and day, the Constable shall make a great Fine, and that to the value of his Goods in the opinion of some, 11 H. 4. 12. and Stamf. 35. but yet the Offence shall not have such relation to the time of the stroke, as to make the escape become Felony thereby, 3 H. 7. 1. §. 1. N. 7. & Com. 263.

* 1.106XXX. Dalt. 35. cap. 8. Every Justice of Peace in his own discretion, and ex officio, may bind all such to Peace as in his presence shall strike ano∣ther, or shall threaten to beat another, or shall contend only in hot words, see §. 14. supra Lamb. 77.

* 1.107XXXI. Lamb. 77. A Justice may cause a common Barreter, Rioter, one that maketh Affray, or other person to him suspected, to find surety of the Peace, 9 Ed. 4. 3. per Curiar. And if he see men contending in hot words, and threatning the one to hurt or kill the other, he may of discretion, and ought of duty, (as I think) to command them to find surety of the Peace, and thereby provide for their mutual safety, Lamb. 132. supra Dalt. 35. cap. 8. Cromp. 136.

* 1.108XXXII. Cromp. 136. b. 137. a. A man correcting his Wife, Servant or Child, reasonably, is no breach of the Peace, &c. Marrow, Lect. 7. & 21 Ed. 4. 6. 23. A Master may beat another in defence of his Servant, for fear of loss of his Service; and so may he do in defence of his Wife and Children; and so may a Servant in defence of his Master beat another, and no breach of the Peace, &c. ibid. see 21 H. 7. 41. & 35 H. 6. 56. & 9 Ed. 4. 51. A man may beat another in defence of his Father or Mother, and no breach of the Peace. ibid. A man may beat another in defence of his Goods, and no breach, &c. ibid. & 9 Ed. 4. Trespass: the Case is, that if a man will take anothers Goods, he may lay his hands on him, and disturb him, and if he will not let them go, he may beat him, rather then suffer him to carry them away, lib. int. 553.

* 1.109XXXIII. West. Sym. 2. part 98. §. 77. An Indictment for an Affray made at the time of the Assizes, &c.

Inquiratur pro Domino Rege si C. P. & W. C. &c. vi & armis viz. Gla∣diis, &c. apud C. pred' arrayat' & illicite congregat' tempore assizarum dicti Domini Regis, &c. ad tunc apud C. pred' tent' necnon infra precinct' ejusdem villa R. W. & R. H. Earund' assizarum Justiciar' ac Justiciar' dicti Dom' Regis ad Gaolam de J. in eodem Comitat' de prisonariis in eadem existent' de∣liberand' assignat' curia deliberationem ejusdem Gaolae tunc apud C. pred' exist'

insult' & affragam invicem fecerunt ad magnam perturbat' curiae dict' Dom' Regis ac justiciar' suorum pred' tunc & ibid' exist' ac interrorem & pertur∣bationem diversorum subditorum ejusdem Domini Regis tunc & ibidem exist' & in malum & pernitiosum exemplum omnium ligeorum dicti Dom' Regis ac contra pacem dicti Dom' Regis Coronam & Dignitatem suas, &c.

XXXIV. West. Sym. 2. part 98. Sect. 78. An Indictment for Affray and beating in time of Assizes, &c.* 1.110

Inquiratur pro Dom' Rege si F. F. &c. 11. die, &c. vi & armis,* 1.111 &c. Ju∣stic' dict' Dom' Regis ad assizas in Com' pred' capiend' necnon ad Gaolam ejusd' Comitat' apud W. in eodem Comitat' deliberand' assignat' ad tunc judicialiter sedent' & exist' in quend' W.C. in pace Dei & dicti Dom' Regis apud W. pred' exist' ex malitia sua precogitata insult' fecit & ipsum W. cum quodam Gladio quem idem F. in manu fua dextra ad tunc & ibidem habuit & tenuit percussit super caput suum dans eidem W. C. diversas plagas per quas ipsum W. in mag∣no periculo vitae suae posuit ita quod de vita sua desparabatur in magnum Ju∣stic' & Legum hujus Regni Angliae contempt' & pernitiosum exemplum alio∣rum & contra pacem dicti Dom' Regis Coronam & Dignitatem suas &c.

Or thus; ibid. Sect. 79. Inquiratur pro Domino Rege si O. P. &c. 10. die, &c. apud T. pred' in Com' S. pred' tempore assizarum & generalem Gaolae deliberat' ad tunc & ibidem tent' & sedent' ad tunc & ibidem Justiciar' dicti Dom' Re∣gis ad assizas capiend' necnon ad Gaolam dicti Domini Regis castri de C. pred' in Com. pred' deliberand' assignat vi & armis & ex malitia sua precogitata in & super quendam J. C. de S. in Com' pred' Yeoman in pace dei & dicti Dom' Regis ad tunc & ibid' exist' insult' & affrayam fecit & ipsum J. C. verberavit uneneravit & male tractanis & prefatus O. ad tunc & ibidem cum quodam Gladio valoris 3 solid' & 4 denar' quem idem O. in manu sua dextra adtunc & ibid' habuit & tenuit pred' J. C. ad tunc & ibid' percussit & pupugit dans eidem J. C. ad tunc & ibid' quoddam vulnus sine quandam plagam in latitu dive unius pollicis & profunditate quatuor pollicium ita quod idem J. C. de vita sua maxime periclitabatur in magnam perturbationem tam pred' Justiciar' dicti Dom' Regis ad tunc & ibid' in curia pred' sedent' quam totius populi & lige orum subditorum dicti Dom' Regis de Com' S. pred' ad tunc & ibid' confluent' & attendent' ac in magnum contempt' dicti Dom' Regis Coronam & Dignita∣tem suas, &c. The like at the general Sessions of the Peace, ibid' sect. 184, 185.

Administrators,

see Executors.

Admiral.

Mariners, Ships, Seamen, Captains, Piracy, Poor, Souldiers, Rogues, Navy.

I. 2 Rich. 2. 4. §. 1. N. 3. The King wills and commands all Sheriffs,* 1.112 Mayors and Bailiffs, within Franchises and without, That at the certifica∣tion of the said Admirals, or their Lieutenants, by their Letters thereof, (viz. Of Mariners departing the King's Service, after Wages received) to be made testifying the said proof (viz. Before them) shall incontinent, without tarrying, make another Commandment of the King our Sovereign Lord, to take and attach all Fugitive Mariners by their body, within their Bailywick, within Franchise and without, and put them in Prison, there to abide in good and sure keeping, till they have made gree to the King, &c. 18 H. 6. 19.

II. By 18 H. 6. 19. §. 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea,* 1.113 after Wages received, &c. and to hear and determine the same.

* 1.114III. 5 Eliz. 5. §. 27. N. 2. That 18 H. 6. 19. in all Pains, Forfeitures and other things, did, doth, and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King, &c. to all intents and purposes, &c.

* 1.115IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions; If any Souldier (entred a Souldier of Record, and having taken part of the Kings Wages; or any Mariner or Gunner having taken prest Wages to serve the King on the Sea) have not accordingly gone to his Captain (unless he were letted by notorious Sickness, &c.) or have departed from his Captain without his License under his Seal, 18 H. 6. 19. & 2, & 3 Ed. 6. 2. §. 4. N. 1. & 4, & 5. Ph. & Mar. 3. §. 2. N. 1. & 5 Eliz. 5. §. 27. N. 2. But con∣sider whether this entring of Record have any use now.

* 1.116V. 5 Eliz. 5. §. 30. N. 1. That all Offences of Transporting Sea-fish, Prices, Purveyans, &c. done upon the main Sea, or Coasts, being no part of the body of any County of this Realm, and without the Precinct, Liber∣ty and Jurisdiction of the Cinque-Ports, and out of any Haven or Pier, shall be tryed and determined before the Lord Admiral of England, or his Lieu∣tenant, or Deputy, according to 28 H. 8. 15. for causes of Piracy.

* 1.117VI. 5. Eliz. 5. §. 30. N. 3. And for all Offences of Transporting Sea-fish; Prices, eating Flesh, Purveyans, &c. as shall be done in the Land, or with∣in any Haven or Pier, all Justices of Peace in their Sessions, and Mayors, Sheriffs, and Bailiffs, and other head Officers in Cities and Towns Corporate, in their Sessions, or other Courts, within the limits of their Commissions, shall have full Power and Authority to enquire of the Offenders of this Act, as well by the Oaths of 12 men, as otherwise by Information, and there∣upon to hear and determine the same.

* 1.118VII. 5 Eliz. 5. §. 43. N. 1. Provided, &c. and be it enacted, That no Fisherman using or haunting the Sea shall be taken by the Queens Commis∣sion to serve her Highness as a Mariner on the Sea, but that the said Com∣mission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts, Towns or other places where the said Mariners are so to be taken, to the intent the said Justices may chuse out, and cause to be returned, such sufficient number of able men, as in the said Commission shall be contained to serve her Majesty, &c. Lamb. 355. Dalt. 86. cap. 34. Cromp. 200.

* 1.119VIII. West. Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua, see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per lite∣ras suas patentes sub salvo conductu suo concessit licentiam & salvum conductum suum dedit A. B. & D. & aliis alienigenis mercatoribus de Genoua pro eis & quadam Nav' vocat' a Carick & pro bonis rebus & merchandizis suis infra eandem Navem exist' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand' & eadem abf{que} aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bono∣rum & merchand' sine mercimoniorum suorum predict' per aliquos ligeos dicti Dom' Regis infra Regnum dicti Regis Angliae gaudend' sine impeditione ibid' quidem H. de D. in Com' E. pred' Armig' & alii fractores salvi conductus Dom' Regis de ligeis ipsius Dom' Regis infra Regnum Angliae exist' ignot' vi & armis viz. Gladiis, &c. & aliis armis tam invasinis que defensibilibus ar∣mati salvum conductum pred' minime verentes & spernentes in pred' A. B. & alios alienigenos ad tunc & ibid' insult' fecerunt & ipsos verberaverunt vul∣neraverunt & male tractanerunt & ipsos in Nav' pred' tan{que} eorum prisonarios ad tunc & ibid' ceperunt & custodierunt & eos in Prisona sub custodia sua Diu' viz. per spatium 4 dierum quous{que} Iidem A. B. & D. & alii alien igine

in eadem Navi existent' finem & redemptionem pro salvo conductu & delibera∣tione suis habend' pro sexcent marcis cum prefat' H. & aliis predict' fecissent de∣tinuerunt contra salvum conductum Dom' Regis predict' & contra form' Stat' in hujusmodi casu promisi ac editi & contra Dignitatem Regiam ac in malum exemplum aliorum, &c.

Agait or Await

see Coron.

Agnus Dei

see Pope.

Ale.

Liquors, Wine, Beer, Brewers, Hostler, Victuallers, Inholders, Excise,

I. 9 H. 3. 25. Magna. Carta One Measure of Wine,* 2.1 shall be through Our Realm and one Measure of Ale.

II. Cromp. J.P. 94, Nota,* 2.2 that Popham Ch. J. said that the Measure of Wine and Ale should be all one, and that it had been so agreed by the Justices, viz. according to the Standard of the Exchequer, see Magna Car∣ta 26, (25,) and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt. 148. in∣fra. 80.

III. Cromp. 94 b. ibid. But note, that the Ale Quart is the greater,* 2.3 because the Froth will amount to a little, and Wine Froths not, and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be, to which nick the Beer shall come; and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588.

IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace, (the one being) of the Quorum,* 2.4 may prohibit and remove Common-Ale-selling, and may also allow the same, taking Bond with suretie by Re∣cognizance for good rule to be kept in such Ale-houses, &c. by their discre∣tion; and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition, or with∣out allowance thereof, and may after take Recognizance of them with two Sureties that they shall keep none, Dalt. cap. 7. pag. 28. & 373. &c. Cromp. 198. b. 199.

V. 2. Role 398. Anonym. Mich. 21. Jac. in B. R. per Haughton Justice,* 2.5 A man cannot be Indicted for keeping of an Ale-house without Licence, for the Statute 5 and 6 Ed. 6. 25. §. 4. N. 1. is, that if any one hold an Ale-house without Licence that he shall be committed, and by this the Justice of P. if they please to take notice of this, may Imprison the party, Palmer 388. 6. Dalt. cap. 7 pag. 31.

Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion,* 2.6 I will for the better bridling of these Nur∣series of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports, Lord Chamberlain of the late Queen Eliza∣beths Houshold, and one of her Privy-Council.

The Condition of this Recognizance is such, whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight, two of the Queens Majesties Justices of the Peace within the County of Kent within Written, to keep a common Ale-house or Tipling-house, and to use common selling of Ale or Beer, only within the now house of him the said A. B. and not elsewhere, scituate in the High-street of the Town of M. within Written, and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there, shall not suf∣fer

any unlawful Play, at the Tables, Dice, Cards, Tennis, Bowls, Cloysh, Coits, Loggets, or other unlawful Games to be used in his said House or in his Garden, Orchard, or other his Ground or Place, nor dress, or cause, or suffer to be dressed, any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England, nor wittingly and willingly admit or receive into his said House or any part thereof, any person notoriously defa∣med, of or for Incontinence or Drunkeness, or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being, or by the Deputy, or either of them, to be an unmeet person to be received into a common Ale-house, nor Keep or Lodge there any strange per∣son above the space of one Day and one Night together, without notice thereof first given to the Constable or Borsholder, or the Deputy, the one of them there, and finally if the said A. B. during all the time that he shall keep common sel∣ling of Ale or Beer in the said house, shall and will there use and maintain Good Order and Rule; then this present Recognisance to be void, or else to stand in full force, power, and vertue, &c. Dalt. 373.

* 2.7VII. Dalt. cap. 123. pag. 374. In the condition not to suffer Play, &c. adds especially by mens Servants, Apprentices, Common Labourers, or Idle persons, &c. nor shall keep or Lodge there any strange person above the space of one day, and one night together, without notice thereof first given to the Constable or his Deputy there.

* 2.8VIII. Dalt. cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli, &c. Coram T. P. & H. D. Armig. Justiciar. dicti Dom. Regis ad pacem in Commitatu predict. conservand. assignat. &c. A. B. de &c. & C. D. de &c. manuceperunt pro W. S. de &c. Victualler, viz. uterque manucaptores predict. sub pena Quin{que} libar. & predict. W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Re∣gi, &c. sub conditione sequenti.

* 2.9The condition of this Recognisance is such, that whereas the above (or within) Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house, until the first of April, or for the space of one whole year next ensuing the date hereof, and no longer in the house where he now dwelleth, at 〈1 span left blank〉〈1 span left blank〉 in the said County of 〈1 span left blank〉〈1 span left blank〉 and not elsewhere in the said County; If therefore the said 〈1 span left blank〉〈1 span left blank〉 shall not during the time afore∣said, permit or suffer, or have any Playing at Dice, Cards, Tables, Coits, Loggets, Bowls, or any other unlawful Game or Games, in his House Yard, Gar∣den, or Backside. 2. Nor shall fuffer to be or remain in his House any person or persons, not being his ordinary Houshold Servants, upon any Sabbath day, or Holy day, during the time of Divine Service or Sermon; 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night, but such whose true Name and Surname he shall deliver to some one of the Consta∣bles, or in his absence to some of the Officers of the same Parish the next day following, unless they be such person or persons as he or she very well knoweth, and will answer for his or their forth-coming. 4. Nor suffer any person to remain in his or her house, Tippling or Drinking contrary to the Law. 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time. 6. Nor buy or take to Pawn any stollen Goods. 7. Nor willingly harbour in his said House, or in his Barns, Stables or other, where any Rogues, Vagabonds Sturdy-Beggars, Masterless-Men, or other notorious offendors whatsoever. 8. Nor suf∣fer any person or persons to sell or utter any Beer, or Ale, or other Victual by Deputation, or by colour of his or her Licence. 9. And also if he shall keep the true Assize and Measure in his Pots, Bread, and otherwise in his uttering of his Ale, Beer, and Bread. 10. And the same Beer and Ale to sell by sealed Measure, and according to the Assize and not otherwise. 11. And shall not utter or sell any Strong Beer or Strong Ale, above a penny the Quart, and Small Beer or small Ale above a half penny the Quart, and so after the same

Rates. (12.) and also shall not utter, nor willingly suffer to be Ʋttered Drunke taken, or tippled any Tobacco within his said house, shop, cellar, or other place thereunto belonging, that then, &c.

IX. Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions,* 2.10 and gene∣rally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles, a Copy whereof they do usually deliver to every of them, which manner is avowable also, though not so assured as the former, Lamb. 350. supra Dalt. cap. 123. pag. 377. §. 5.

X. Dalt. cap. 123. pag. 375. For the manner of this condition supra §. 8. It is by the Statute 5. and 6. Ed. 6. 25. §. 1. N. 4. partly referred to the discretion of such Justices of Peace as take such Reocgnizance or Bonds,* 2.11 &c. but Note, that now there be divers Articles of far better direction published touching Ale-houses by Proclamation at New-Market the 19. of January 16 Jac▪ Anno 1618.

XI. Dalt. 123. pag. 375 First, that the Justice of Peace of every County,* 2.12 City, or Town Corporate within this Kingdom and Dominion of Wales, do once every year in the Months of April and May, Assemble them∣selves either at a special Sessions, or such other Meeting as they shall ap∣point for that purpose, respecting the ease and convenience of the people of the Countrey, and there call before them or any of them, whereof one to be of the Quorum, all such persons as do sell Ale or Beer by retail in any place, as well within Liberties as without, within such County, City or Town Corporate, and then and there taking some Certificate and Infor∣mation from men of trust, who be persons of honest conversation, and who not; and to give Licence to such persons as they in their discretion shall think meet to keep common Ale-houses, or Victualing-houses within the places where such persons dwell.

XII. Dalt. 375. ibid: 2. That in Licencing of the said Victuallers and Ale-house-keepers,* 2.13 the form of the Recognizance and Condition (§. 8. fupra) be used and none other.

XIII. Dalt. 376. ibid. 3. that every Ale-house-keeper and Victualer,* 2.14 so to be Licensed do inter into Recognizance with two able Sureties to be bound in 5. l. a piece; and the Principal, 10. l. at the least for the perfor∣mance of the condition of the said Recognizance which shall endure but for one whole year, and then to determine unless, it shall seem fit to the Justices of Peace to renew the same again by taking a new Recognizance of the same condition, whatsoever date the Recognizance shall have, it is to endure but until the said Months of April and May, or one of them.

XIV. Dalt. 377. ibid. 4. That the Clarks of the Peace, Town-clarks,* 2.15 or their Deputies respectively, be called to attend the Justices of Peace at their meetings or Assemblies, and that they do there take the Recognizance aforesaid, of every Victualler, or Ale-house-keeper Licensed, and do du∣ly enter them amongst the Records of the Sessions of the Peace in their charge whereby his Majestie may be duly answered of the Forfeitures that shall be made of the Parties so bound.

XV. Dalt. 377. ibid. 5. That the Clarks of the Peace,* 2.16 and Town-Clarks aforesaid, or their Deputies, shall within some convenient time after the taking of the said Recognizance, fairly ingross the said Recognizance and Condition in Parchment, which they shall keep as the Original, and send a true copy of the said Recognizance examined with the said Original to every Ale-house-keeper allowed, whereby he may the better inform himself what he and his Sureties are bound to observe Lamb. 351. supra.

XVI. Dalt. 377. ibid. 6. that the Clark of the Peace, and Town Clarks or their Deputies, do write out, and bring with them to every Sessions

of the Peace, or other meeting of the Justices, a Register-book containing the true names, surnames, and places where every Ale-house-keeper, or Victualler that is Licensed doth dwell, and to the end it may appear to the Justices of Peace who be Licensed, and by whom, and who be not, and what other alterations have been from time to time, for the placing of men of honest and good conversation, and displacing of others of ill be∣haviour.

* 2.17XVII. Dalt. 377. ibid. 7. That the Clarks of the Peace, and Town-Clarks and their Deputies, may take of every Ale-house-keeper for their Fee, for performing the service aforesaid, at the time of the acknowledgment of the said Recognizance, the Fee of 18 pence, and no more over and above the Fee of 12 pence, allowed for the Justices Clarks, by the Statute 5 and 6 Ed. 6. 25. §. 1. N. 5. which shall be paid to the said Justices Clarks, Lamb. 365. 431.

* 2.18XVIII. Dalt. 377. ibid. 8 that in case the Ale-house-keeper not know∣ing of the Justices meeting, or being hindred by sickness, or other such like impediment, shall fail of admittance at the General or Publick Assemblies, and shall notwithstanding be admitted or Licensed by two Justices of the Peace, whereof one to be of the Quorum, the Recognizance with Con∣dition fairly ingrossed in Parchment, in the Form prescribed as aforesaid shall forthwith, or at the next Sessions at the farthest, be returned to the Clark of the Peace, or the Town-Clarks respectively under the Hands of the Justices, under whom §. 29 such Recognizances were taken, together also with the said fee of eighteen pence for the entry, registring, making, and delivering of a copy under his hand to the Ale-house-keeper as aforesaid.

* 2.19XIX. Dalt. 378. ibid. 9. That none be licensed or allowed to keep an Alehouse, that hath not one convenient Lodging at least in his or their Hou∣ses, for the lodging of any Passenger or Traveller; and to have always in her or their Houses good and wholsom small Beer or Ale of two quarts for a peny, for the relief of the Labourer, Traveller, or others that call for the same, Dalt. 28. cap. 7.

* 2.20XX. Dalt. 378. ibid. 10. That the Justices of Peace within their several Precincts do not permit or suffer any unlicensed Alehouse-keeper or Victu∣aller to sell Beer or Ale, but that they proceed against them by all due and lawful means whatsoever; and that they be very careful from time to time to cause the Brewers to be proceeded against in their General Quarter-Sessions, for delivering Beer or Ale to such unlicensed person, according to the Statute.

* 2.21XXI. Dalt. 378. ibid. 11. That the Clerks of the Peace, or Town-Clerks, respectively, do once every year, in Trinity-Term, make and bring in a brief of all such Recognizances as shall be taken within every County, City, or Town-Corporate, into the Office of the Patentees appointed by them to that purpose, to the end all the concealments of Recognizances in that behalf may be discovered, and the benefit accruing to His Majesty by such as wilfully break the same may be more duly prosecuted; Of which, that His Highness be not defrauded, order is given to the Paten∣tees, that (with the allowance of the Chief Justice of the Kings Bench,) there be appointed Committees in every County for the recovery thereof from time to time.

* 2.22XXII. Dalt. 378. ibid. 12. That the Justices of Assize in their Circuits, and the Justices of Peace at their General Sessions of the Peace, do from time to time enquire of the due execution of these presents, and of all other abuses, disorders and misdemeanours whatsoever, committed or suffered against the provisions aforesaid, and the true meaning of them.

* 2.23XXIII. Lamb. 4. cap. 4. page 431. Articles of Charge in Sessions; If

the Clerk of any Justice have taken above 12 d. for a Recognizance of an Alehouse-keeper or Tippler, 5, & 6 Ed. 6. 25. §. 1. N. 5. supra §. 17. Cromp. 176. §. 10.

XXIV. Lamb. 4. cap. 8. p. 516. The Statute of 5,* 2.24 & 6 Ed. 6. 25. §. 3. N. 2. giveth power to the Justices of Peace to enquire of Alehouse-keepers, whether they have done any act to the breach of their Recognizance; And if any matter be presented, then to award Process against the Offen∣der, to shew why he should not forfeit his Recognizance: But what this Process shall be, I will not determine; for I do not find that in any other case, though it appear that a man hath forfeited his Recognizance, the Justices of Peace can award any Scir' Fac' or other Process to call him in upon it, but rather to certifie the same into higher Courts, that from thence Process may issue out to call the party to his Answer, Cromp. 196. b. f. 9.

XXV. Lamb. 521. And upon Information made unto them,* 2.25 (viz. the Sessions) that an Alehouse-keeper hath done any act whereby he hath for∣feited his Recognizance, they may (as I said) award Process against him, to shew why he should not forfeit his Recognizance, by 5, & 6 Ed. 6. 25. §. 3, N. 2. but learn if it be meant Scir' Fac' or of some other Process, Cromp. 126. b. & 151. b. infra 36.

XXVI. Lamb. 4. cap. 15. pag. 563, & 564.* 2.26 And upon Certificate made at the next Quarter Sessions of the Peace by two Justices of the Peace, the one of them being of the Quorum, (which Lamb. 530. is a Conviction against him that shall obstinately keep an Alehouse, contrary to the Statute, 5, & 6. Ed. 6. 25 §. 4. N. 1.) the Justices are to assess the fine of 20 s. the which I do purposely rehearse, because they are there warranted to assess the Fine, without process first made against the Offender, unlike the com∣mon order of assessing Fines, &c.

XXVII. Cromp. 151. b. Process shall be awarded (by 5,* 2.27 & 6. Ed 6. 25. §. 3. N. 2.) against him that hath broken his Recognizance taken to keep an Alehouse, to shew why it should not be forfeited, &c.

XXVIII. Dalt. cap. 7. page 26. And yet note,* 2.28 that wheresoever any Con∣viction shall be before the Justices of Peace, (by 1 Jac. 9. §. 2. N. 6.) by or upon the Oath of any other person than the Delinquent himself, then the Justice of Peace must first send for, or convene the Delinquent before him, to make answer, &c. infra §. 43.

XXIX. Lamb. 565, 566.* 2.29 Where the Conviction is for trespass against the Peace, Riots and such other Contempts and Offences against the Com∣mission or Statutes, for the which no certain Fine is appointed, there the judgment is that the party shall be taken to satisfie the King for his Fine, and thereupon the Capias pro fine; and if the party cannot be found, other judicial process goeth out, till he be outlawed, unless it be in very few Cases, where by the words of the Statutes themselves, they may proceed to assess the Fine in the absence of the parties, without calling them to it by any Process; for so it standeth in the Statute, 5, & 6 Ed. 6. 25. §. 5. N. 3.

XXX. Lamb. 569, 570.* 2.30 I have heard that even in Cases where the Sta∣tutes do appoint a certain forfeiture, as fine of 10 l. yet the practice is to mitigate the same by discretion, if so be the party will come in upon the Indictment, and put himself in gratiam Regis, with or without confession of the fault; so that the fine shall be small where the fault was great, and the penalty of the Law it self not small. But this manner of doing (in my mind) is so void of sound reason, that I cannot recommend it to the Justices of Peace, but do rather condemn it, as a mockery of the Law; Yea, I find that sundry Statutes (fearing be like some such thing) have specially prevented it, commanding, That Justices of Peace shall assess no

less fine then is in those Statutes themselves beforehand appointed. Such is 5, & 6 Ed. 6. 25. §. 5 N. 3.

* 2.31XXXI. Lamb. 4. cap. 19. page 588. Neither may I well omit that this doing (viz. holding the Quarter Sessions in two places of the County, &c.) may breed danger to the Justices themselves, whilst any of them having taken the Recognixance of a Tippler, doth not certifie it until the Sessions happen to be in his own part, and in the mean season, the next Session of the Peace within the Shire chanceth to be holden in the other part, whereof what may follow, the Statute will tell you, 5, & 6 Ed. 6. 25. §. 2. N. 3.

* 2.32XXXII. Lamb. 599. The enquiry whether Alehouse-keepers have for∣feited their Recognizances ought (by 5, & 6 Ed. 6. §. 3. N. 1.) to be at the Quarter Sessions.

* 2.33XXXIII. Lamb. 620. If the Justices of Peace, having taken Recogni∣zance for an Alehouse, do not certifie it at the next Quarter Sessions of the Peace, they shall lose five Marks, 5, & 6 Ed. 6. 25. §. 2. N. 3. so Cromp. 167. a. b.

* 2.34XXXIV. Cromp. 77. Item, (viz. enquiry at Sessions shall be) whether any that is allowed to keep a common Alehouse use any unlawful Games, or keep any misrule in the same House, against their Recognizance? Cromp. 125.

* 2.35XXXV. Cromp. 77. a. b. Nota, That it hath been agreed that such Inns that have been newly erected, since 5, & 6 Ed. 6. 25. and were not Inns before, ought to have Licenses as Alehouses ought to have; and this was in ure upon an Indictment travers'd, and tryed at the Assizes in Sussex, about 16 Eliz. as I heard by him that was of Counsel with the party indi∣cted, Dalt. cap. 7. page 31. Hutt. 99. & 8. Co. 32.

* 2.36XXXVI. Cromp. 126. b. The Sessions may hear and determine by Infor∣mation, Presentment or otherwise, by their discretion, the forfeiture of a Recognizance taken of Alehouses, by 5, & 6 Ed. 6. 25. §. 3. N. 2. and they may make process upon this Presentment or Information, Lamb. 516, & 521. supra 25. Dalt. cap. 7. page Cromp. 151. b.

* 2.37XXXVII. Crompt. 130. b. The Certificate to the Sessions against him that keeps an Alehouse against the Statute of 5, & 6 Ed. 6. 25. §. 5. N. 2. being made by two Justices of the Peace, (whereof one shall be of the Quo∣rum) shall be a Conviction to the Offender, Lamb. 530. Cromp. 172.

* 2.38XXXVIII. Cromp. 154. b. Nor he that is committed for keeping of Ale∣houses contrary to the Statute, 5, & 6 Ed. 6. 25. §. 4. N. 1. shall not be by Bail ••r Mainprise, Cromp. 172. b.

* 2.39XXXIX. Cromp. 196. §. 6. The Justices of Peace shall take a Recogni∣zance of such that have License to keep Alehouses, to keep good rule, and that they shall not use unlawful Games there, 5, & 6 Ed. 6. 25. §. 1. N. 4.

* 2.40XL. Cromp. 196. b. §. 9. A Justice of Peace cannot award process upon Recognizances before they be forfeit, as it seemeth by 3 H. 7. 1. §. 1. N. 26. but must certifie it into the Chancery, Kings Bench, or Exchequer, if it be not in Case where a Recognizance is forfeit for an Alehouse, by 5 Ed. 6. 25. §. 3. N. 2. whereupon he may award process, as appeared by the said Statute, Lamb. 516. supra.

* 2.41XLI. Cromp. 198. b. two Justices of the Peace, whereof one shall be of the Quorum, may license one to keep a common Alehouse, and take Recognizance of him with one surety, to keep good rule, and that he shall not suffer unlawful Games to be used there, as to their discretion shall seem necessary and convenient, 5, & 6 Ed. 6. 25. §. 1. N. 4. Lamb. 431. infra 82.

* 2.42XLII. Dalt. 26. cap. 7. and not that the voluntary Confession before

the Justice of Peace, or other person authorized to minister the Oath, of any Offender against any of the Statutes, 1 Jac. 9. & 4 Jac. 5. §. 2. N. 1. shall suffice to convict the person so offending; and after such confession, the Oath of the party so confessing shall be taken, and be sufficient proofe against any other offending at the same time, 21 Jac. 7.* 2.43

XLIII. Dalt. 26. cap. 7. If any Taverner, keeping also an Inn or victu∣alling in his House, or any Inn-keeper, Alehouse-keeper, or Victualler, shall at any time utter or sell, within his House or without, less than one full Ale-quart of the best Beer or Ale for 1 d. and of the small two quarts for 1 d. (the said Offence being proved before any Justice of the Peace, by one witness upon Oath) then every such Taverner, Inn-keeper, &c. shall forfeit for every such Offence 20 s. 1 Jac. 9. §. 3. N. 1. And yet note That wheresoever any Conviction shall be before the Justice of Peace, by or upon the Oath of any other person then the Delinquent himself, then the Justice of Peace must first send for, or convene the Delinquent before him, to make answer, &c. For it may be that he can make sufficient defence or excuse of the Fact; And this was the direction of Sir Nicholas Hyde, Lord Chief Justice of the Kings Bench, &c. Dalt. 67, 155, & 362.

XLIV. Dalt. 27. cap. 7. Every Taverner, keeping also an Inn,* 2.44 or victu∣alling in his House, and every Inn-keeper, Alehouse-keeper, and other Victuallers, which shall suffer any person (wheresoever his dwelling-house be,) to tipple in the said house, shall be adjudged within the Statute 1 Jac. 9. §. 2. N. 1. Dalt. 361. & 1 Bulstr. 109.

XLV. Dalt. 27. ibid. So that now by these Statutes 5,* 2.45 & 6 Ed. 6. 25. & 1 Jac. 9. & 4 Jac. 5. & 21 Jac. 7. & 3 Car. 1. cap. 3. (4) No person may come to tipple in any such Tavern, or in any Inne, Alehouse or Victu∣alling-house in the same Town where he dwelleth, not dwelling within two miles thereof; And so Sir Francis Harvey Knt. delivered it in his Charge at Cambridge Summer-assizes, Anno 1629.

XLVI. 1 Bulstr. 109. Pl. 90. Note by Yelverton Justice,* 2.46 That if an Inne do use the Trade of an Ale-house, this shall be within the Statute of Ale-houses, 5. and 6 Ed. 6. 25. and 1. Jac. 9. and 4. Jac. 5. and 21. Jac. 7. and 3. Car. 1. cap. 3. (4) Croke Justice no person is for to erect an Inne without a Licence from the King. Finner Justice, the Statute for Ale-houses include all, excepting only Booths in Fairs, not to keep an Inne and an Ale-house, but to be suppressed; to keep an Inne only for the relief of Travellers in this, Pasch. 9 Jac. Anonym.

Dalt. 28. cap. 7.* 2.47 If a common Inn-holder or Ale-house-keeper will not Lodge a Traveller, any Constable or Justice of Peace may compel them thereto, but how the Officer shall compel him quere? It seemeth that all the Officer can do, is either to cause such Ale-house-keeper to be sup∣pressed, or else to present or prefer such offence of an Inn-keeper or Ale-house-keeper, at the Assizes or Sessions of the Peace, that so the Offender may be thereupon Indicted, Dalt. 17. 378. §. 9. supra §. 19. 39 H. 6. 18. Actio super Casus. Br. 76. and 5 Ed. 4. 2. Actio super Casus. Br. 92. Dyer 158. pl. and 9. co. 87.

XLVIII. Dalt. 28. cap. 7. And at Lent Assizes Anno 1622.* 2.48 Sir James Lee Lord Chief Justice of the Kings-Bench delivered it in his charge, that an Inn-keeper or Ale-house-keeper, offending herein, might be Indicted, Fined, and Imprisoned for the same; or else that the party grieved might have his Action super Casus against the Inn-keeper or Ale-house-keeper re∣fusing to Lodge him. 14 H. 22. b. Kell. 50. pl.

XLIX. 28. ibid. But no Inn-holder,* 2.49 Ale-house-keeper or other Victualler shall be compelled to sell, or let any Traveller or other, to have any Victu∣als or Lodging except the party shall first tender and pay ready Mony for the same, if it be required, 10 H. 7. 8.

* 2.50L. 2. Rol. 345. 21. Hill. or Pasch. 21. Jac. per Chamberlain Justice by the putting of a Sign upon his door, and Lodging Guests, he Chargeth himself to the common-wealth; And if I come to an Inne, and require him to give me Lodging, and he refuseth, an Action upon the Case lyeth if he refuseth me, and Mr. Justice Dodridge, and Sir James Lee, Chief Justice, accorded, &c.

* 2.51LI. Dalt. 30: cap. 7. Common Inns are appointed for Travellers, and Way-fairing men 8. Co. 32. And therefore if any Inn-keeper shall suffer per∣sons inhabiting in the same Town, or any other persons contrary to the Statutes 5. and 6 Ed. 6. 25. 1 Jac. 9. and 4. Jac. 5. and 21 Jac. 7. and 3 Cor. 1. cap. 3. (4) to be usually Tipling in his House, such an Inn-keeper may be accounted as well an Ale-house-keeper as an Inn-keeper; And such Innkeepers may be bound by Recognizance with Sureties for keeping good Orders as Ale-house-keepers are, and so Judge Warberton de∣livered it in his Charge at Cambridge Assizes Anno 1613. and therewith also agreed Sir James Lee, and Sir John Dodridge in their several Charges at Cambridge Assizes Anno 1621. For such Inn-keepers, said they, do per∣vert the end for which they were appointed first, or else it seemeth they may be committed as Ale-house-keepers without Licence by two Justi∣ces of Peace as aforesaid, or they may be Indicted therefore at the Assizes or Sessions of the Peace as it seemeth by the Commissioners of the Peace.

* 2.52LII. Dalt. 31. Also it hath been agreed for Law, that such Inns as have been Erected since the Statute 5 and 6 Ed. 6. 25. and were not Inns before, ought to have Lisence and that such Inn-keepers are to be bound by Recog∣nizance with sureties for keeping of good Orders as Ale-house-keepers are, (so Crompt. 77. supra §. 35.) And yet at Lent-Assizes Anno 1621 Sir James Lee delivered in his Charge, that Inns were Hosteries by the Common-Law, and that every man might erect and keep an Inn or an Hostrey so as they were probi homines, and dwelling in meet places; but yet that they were not worthy of any allowance, or Lisence under the Kings Great Seal, &c. Hutt. 99.

* 2.53LIII. Dalt. 31. ibid. And he delivered further in his said Charge, that if such Inns or Hosteries be used ad nocumentum populi Dom. Regis, &c. scil. do keep any disorderly house contrary to the Law, or be more in number then are needful, and to the hindrance of other ancient and well governed Inns, that then they may be therof Indicted at the Assizes or Sessions of the Peace, and there may be either fined or suppresed; and Sir James Lee told me after at his Lodging in Trinity Colledge, that this was the opinion of all the other Judges upon a late Conference had amongst themselves, Fult. 99.

* 2.54LIV. Dalt. 31. ibid. But such Inns or Hosteries, if they be inconveni∣ent or disordered, in respect either of the Inn-keeper, or of the resort thi∣ther, or that the place be unmeet, they are to be supressed, upon an In∣dictment found at the Assizes or Sessions; And if they shall suffer Towns-men or other persons usually to tipple there, they are to be punished as Alehouse-keepers without license, for these Inns or Hosteries are to be al∣lowed only for Travellers, Hutt. 100.

* 2.55LV. Hutt. 99. Pl. 151. Memorandum, That upon a Conference at Ser∣jeants-Inn in Fleet-street, 19 June, 22 Jac. it was resolved and agreed by the Lord Chief Justice, Sir James Lee, the Lord Hobbard, Baron Bromly, Ba∣ron Denham, Justice Hutton and Justice Jones, That any one may erect an Inn for lodging of Travellers, without license or allowance, as well as any one before, 5, & 6 Ed. 6. 25. might have kept a common Alehouse, &c. Dalt. 31. cap. 7.

* 2.56LVI. Hutt. 99. ibid. By the like reason (viz. being not restrained) all

men may use the Trade of Inn-keeping, unless it could be brought to be within the Statute 5, & 6 Ed. 6. 25. which hath never been taken to be subject to that Statute in point of License.

LVII. Dalt. 31. ibid. His Majesty (viz.* 2.57 King James) in his late Speech in the Star-Chamber, Anno 1616. hath justly excepted against the abundance of Alehouses, and more especially against the infamous and blind Alehou∣ses, as being haunts and receits for Robbers, Thieves, Rogues, Vaga∣bonds, and other idle and sturdy Fellows; and therefore here I thought good to put the Justices of Peace in mind, that in allowing of Alehouses they have a regard as well to the person as the place; for all persons are not fit to be allowed to be Alehouse-keepers, neither are all places meet for an Alehouse, infra 62.

LVIII. Dalt. 29, 32. cap. 7.* 2.58 Any two Justices of the Peace (the one be∣ing of the Quorum) may remove, discharge and put down any Alehouse where they shall think meet, 5, & 6 Ed. 6. 25. and the Alehouse-keeper put down and discharged by any two such Justices of the Peace, cannot be allowed again by any other two or more Justices of the Peace, except it be in open Sessions, as Sir Peter Warberton delivered in his Charge at Cambridge Assizes, Anno 1613.

LIX. Dalt. 32. ibid.* 2.59 An Alehouse-keeper convicted and supressed for any of the former Offences, (viz. tippling, disorder, &c.) if he shall be licensed or allowed again by two or more Justices of the Peace within three years, such License is void, and he is to be punished as one victualling without License; And so it was delivered by Sir Nicholas Hyde at Cam∣bridge Assizes, Anno 3 Car. 1. And so it seemeth if he were convicted, rhough he were not suppressed, if he be after licensed again within three years after such Conviction, such License is void.

LX. Dalt. 31. If the party be in Livery, or a retainer to any man,* 2.60 Bai∣liff of a Hundred or Liberty, Constable, &c. or be one that is not of good Fame, Conversation or Government, such persons are not fit to be allowed to be Alehouse-keepers; see Fitz. N. B. That no Victualler ought to sell Victual so long as he is in Office, &c. infra 89. N. 2. 12 Ed. 2. 6.

LXI. Dalt. 31, 32. again dicitur,* 2.61 That no person using any Trade ought to be allowed to keep an Alehouse, for that were to take away the means, and so the life of another, tam quaere inde; for that by the Common-Law no man is prohibited to use divers Trades, Dalt. 81. 375.

LXII. Dalt. 32.* 2.62 Also in the Towns which are no thorow-fare the Justi∣ces shall do well to be sparing in allowing of any Alehouse, except it be at the suit of the chief Inhabitants there, and to supply the necessary wants of their Poor, and then Canakers (only to sell to the Poor, and out of their doors) would suffice, if they were enabled by a Law, Dalt. 375. supra 57.

LXIII. Dalt. 32. ibid.* 2.63 also the Alehouses to be allowed are meetest to be about the midst of the Town, but not to be in any blind corners where Thieves and Rogues may be harboured; nor in places out of, or distant from the Town, except upon the River-side, and where there is great need, Dalt 375. supra.

LXIV. West. Presid. 1 part. §. 557. A License to sell Ale.

W. K. and E. D. two Justices of Peace of our Sovereign, &c.* 2.64 in the County of W. to all Bailiffs, Constables, and other the Queens Majesties Officers, Greeting, &c. Know ye, That we the said W. K. and E. D. have licensed, and by these presents do license G. J. of &c. to sell Ale in his House at G. aforesaid, for one whole year next ensuing the date hereof, and have bound him by Recog∣nizance, with Sureties, to the Queens Majesties use, That they shall maintain

good rule, and not to use any unlawful Games or Meetings in his House, but to do according to the Statute provided in that behalf. In witness whereof we have subscribed our Names, and hereunto have put our Seals, the _____ _____ day of &c. in the 34th. year, &c.

* 2.65LXV. West. Presid. 1 part. §. 558. A License to keep an Alehouse.

* 2.66To all Justices of Peace, Mayors, Sheriffs, Bailiffs, and all other the Queens Majesties Officers and Subjects to whom it may appertain, J. W. and R. P. Fs{que} two Justices of the Peace of our Sovereign, &c. in the County of B. Greeting. Know ye, That we the said Justices, of good and credible report to us made, as well by men of Worship as by other honest persons, That J. W. of &c. is a man meet to keep a common Alehouse in the House where he now dwelleth, have licensed, allowed and admitted, and by these presents do license, allow and admit the said J. W. to keep a common Alehouse or Tippling-house at M. afore∣said, for one whole year next ensuing the date hereof; so that the said J. W. suffer not any unlawful Games to be used within his said House, nor any evil rule or order to be kept within the same, during his time of the said License; for the using of which License accordingly, we do you to wit, that we have bound the said J. W. and two other sufficient Sureties, in a hundred Shillings a piece by Recognizance to the Queens Majesties use. In witness, &c. Dalt. 378. cap. 124. infra.

* 2.67LXVI. Dalt. 379. ibid. or thus. J. C. and M. D. two Justices of the Peace of our Sovereign Lord, &c. To all Bailiffs, Constables, and other the Kings Majesties Officers, Greeting. Know ye, That we the said Justices have licensed, and by these presents do license J. W. of &c. to keep a common Alehouse in L. aforesaid, for one whole year next ensuing the date hereof, and have bound the said J. W. by Recognizance, with Sureties, to the Kings Majesties use, that he shall maintain good rule, and further to do and behave himself therein in all things, according to the Laws and Statutes of this Realm, &c.

* 2.68LXVII. Dalt. 379. or thus. We whose Names are hereunto under-written, Justices of Peace of our Sovereign Lord the King, within the County of Cam∣bridge, do license and allow J. W. of L. aforesaid, for and during one whole year next ensuing the d••te hereof; so as he doth not sufier any unlawful Games to be used in his House, nor any evil rule to be kept there, but do behave himself therein according to the Laws and Statutes of this Realm, in that behalf made and provided. In witness, &c.

* 2.69LXVIII. Dalt. 379. cap. 124. A License to Brew, and keep an Alehouse.

Derby. ss.

Whereas A. M. of W. in the County of D. Husbandman, hath come before us J. C. Knt. and F. B. Esq two of the Kings Majesties Justices of the Peace within the said County, and bound himself in a Recognizance, with sufficient Sureties, to brew, and sell, and keep a common Alehouse, according to the Sta∣tute made in the 5th. year of the Reign of our late Sovereign King Ed. VI. Now know ye, us the said J. C. and F. B. to have licensed the said A. M. to brew, to sell, and to keep a common Ale-house, according to the said Statute.

Given under our Hands, July 13. in the _____ _____ year of, &c.

West. Presid. 1 part sect. 554.

* 3.1LXIX. Dalt. 361. cap. 121. A Warrant to convent all Victuallers, &c. to put in Sureties for observing Fish-days, according to Proclamation.

To the High-Constables of the Hundred of R. and to either of them.

* 3.2These are in the Kings Majesties Name to command you to warn all the Inn-holders, Taverners, Cooks, Alehouse-keepers, Butchers, and other Victual∣lers whatsoever within your Hundred, personally to appear before us at L. on

Thursday being the 20th. day of this instant Febr. at the Sign of the Griffin there, and to bring with them Sureties that shall enter into Bond with them to His Majesties use for the due observation of the Orders lately published for the restraint of killing, dressing and eating Flesh in Lent, or upon Fish days, ac∣cording to His Majesties Proclamation in that behalf; and that you, or one of you, be then and there with us, to deliver us a Note in writing of the Names, Sirnames and Dwelling-places of every of them, and of all other that victual without license within your Hundred, as you will answer the contrary at your perils. Dated at Westminster, 1 Feb. &c.

LXX. Dalt. 360. cap. 121.* 3.3 For Alehouse-keepers to renew their Recognizance. To the Bailiff, &c.

R. H. Knt. one of His Majesties Justices, &c. These are in the Kings Ma∣jesties Name to require you, That you direct your Precepts to every Petty-Con∣stable within your Hundred, requiring them that they warn all Alehouse-kee∣pers and Victuallers within your said Hundred to be, and personally to appear before us at L. upon Thursday, &c. then and thither bringing with them their Licenses; And further, That every of them bring with them a Certificate of their fitness and honest behaviour in keeping of their Alehouses and Victualling-houses, under the hands of four at the least of the most substantial honest and discreet Inhabitants of the Parishes where they so keep or dwell; and hereof fail you not, &c.

LXXI. Dalt. 360. cap. 121. A Warrant for the suppressing of an Alehouse.* 3.4

Cambr. ss.

J. C. and E.H. Knts. two of the Kings Majesties Justices of the Peace with∣in the said County of Cambridge,

to the Constables of B. and to either of them, Greeting.

Whereas we are credibly informed, that R. D. of your Town Victualler is himself a man of evil behaviour, and besides doth suffer evil rule and disor∣der to be kept in his House, contrary to the Laws and Statutes of this Realm: These are therefore in His Majesties Name to will and command you forthwith to repair to the House of the said R. D. and to charge him to cease from keeping any longer any Alehouse or Tippling-house, and from common selling of Ale or Beer, at his peril: And withal, that you cause his Sign to be pull'd down. Hereof fail you not, as you, and either of you, will answer to the contrary at your peril.

Given under our Hands and Seals at B. the _____ _____ day of _____ _____ in the year, &c.

LXXII. Dalt. 361. cap. 1.* 4.1 A Warrant to levy money forfeited by Alehouse-haunters.

R. S. one of the Kings Majesties Justices of the Peace within the said Coun∣ty of C. to the Constables and Church-wardens of the Parish of W. and to every of them, Greeting.

FOrasmuch as it hath been duly proved before me (according to the Statute in that behalf provided) that all and every the persons hereunder named,* 4.2 being Inhabitants within your Parish of W. upon the 12th. day of this instant November have been and continued drinking and tippling in the House of G. W. of your said Town (Inn-keeper or Alehouse-keeper, &c.) contrary to the form of the same Statute: These are therefore in his Majesties Name to charge and command you, and every of you, forthwith to levy by distress and sale of the Goods of every the said persons hereunder named, the sum of three Shil∣lings and four pence a piece (which several forfeitures shall be bestowed and imployed by you to the use of the Poor of your said Parish;) and that you render to every of the said Offenders the overpluss that shall remain upon your sale of their said Goods; And if the said Offenders, or any of them, shall refuse or neglect to pay their said several forfeitures, and that you can find no sufficient distress whereon to levy the same, that then you the Constables, or one of you,

shall commit every such Offender or Offenders (refusing or neglecting to pay the said sum or forfeiture, and not having sufficient whereon to be distrained for the same) to the Stocks, there to remain by the space of four hours; and this shall be your sufficient Warrant herein. Dated, &c.

* 4.3LXXIII. Dalt. 362. cap. 121. ibid. The like Warrant may be made to levy the forfeiture of Inn-keepers or Alehouse-keepers, for suffering Towns∣men or others to continue drinking in their Houses, or for selling less than one Quart of their best Beer or Ale for 1 d. saving that the distress taken of such Inn-keepers and Alehouse-keepers is not to be sold till after 6 days, and then for default of satisfaction, the same are presently to be appraised and sold; and therefore such Warrant must therein be made accordingly, 1 Jac. 9.

* 4.4LXXIV. Dalt. 362. To levy the forfeiture for not keeping the Assize, &c.

* 4.5R. T. Knt. one of the Kings Majesties Justices, &c. Forasmuch as it hath been duly proved before me (according to the Statute in such Case provided) that G. W. of your said Town Alehouse-keeper hath lately uttered or sold in his House less than one Ale-quart of the best Beer for one peny, contrary to the form of the same Statute: These are therefore in His Majesties Name to charge and command you forthwith to levy by distress of the Goods of the said G. W. the sum of 20s. the same to be bestowed and imployed by you to the use of the poor of your Parish; and if the said G. W. within six days next after such distress by you taken shall not pay the said 20s. that then you cause the said distress presently to be prized and sold, and that you bestow 20s. of the Money so made to the use aforesaid, and the overpluss that shall remain upon your sale of the said Goods, that you render the same overpluss to the said G. W. and this shall be your sufficient Warrant herein. Dated, &c.

* 4.6LXXV. A Warrant for one who keepeth an Alehouse without License.

* 4.7FOrasmuch as it appears to us, as well by the Certificate of the Constables of your Town, as also by the Information of divers other credible persons, that T. J. of your Town doth keep a common Alehouse and Victualling-house within your said Town without License, contrary to the Law in that behalf: These are therefore in His Majesties Name to will and require you to bring before us, or one of us, or some other of His Majesties Justices of the Peace of this County, the said T. J. there to be dealt and proceeded withal as to Law and Justice in that behalf doth appertain. And hereof, &c.

* 4.8LXXVI. A Warrant for Inn-keeper, &c. Selling under Measure.

To the Constable of the Town of, &c.

* 4.9These are to will and require you in His Majesties Name, to bring before me or some other, &c. the body of W. C. and S. D. and either of them be∣ing accused for selling less then an Ale-Quart of the best Beer for a penny, &c.

* 4.10LXXVII. A Mittimus to send to the Goal an Ale-house-keeper that Victualleth contrary to commandment.

* 4.11S. H. W. and R. T. two of his Majesties Justices of the Peace within the said County of S. to the Keeper of the Kings Majestie Goal at G. greeting. Whereas R. D. of B. in the said County of S. upon complaint lately made unto us of the evil Rule kept and suffered by him in his house, and other misdemea∣nors by Warrant under both our Hands and Seals, was discharged of his Ale-house-keeping, and was commanded by us that he should henceforth use no more Common selling of Ale or Beer: And whereas we are Credibly inform∣ed that the said R. D. notwithstanding our said Warrant and Commandment given to the contrary, as aforesaid; hath ever since, obstinately, and upon his

onw authority, taken upon him to keep a common Ale-house or Tipling-house, and still continueth the same; We do therefore send you herewith the Body of the said R. D. commanding you in His Majesties Name to receive him into your said Goal, and there safely to keep until such time as he shall from thence be delivered by due course of Law, and thereof, &c. Dated, &c.

LXXVIII. A Warrant to levy the penalty for being Drunk.* 4.12

Forasmuch as it stands sufficiently proved before me this present day, according to the Statute in that behalf, that R. P. of W. in the said County, was Drunk at your Town of D. the 24. day of this instant December, con∣trary to the Law in that behalf, &c.

These are to will and require you to demand of the said R. P. the Sum of 5s. for his Offence, and if he shall refuse or neglect to pay the same within one week now next ensuing, that then you levy the said Sum of 5s. by distress and Sale of the Goods of the said R. P. you rendring to the said R. P. the overplus of the Money that shall remain upon your Sale of his said Goods, and the same to be bestowed and imployed by you to the use of the Poor of your said Parish; and for want of distress 24 hours in the Stocks.

To the Constables and Church-Wardens of D. and every of them.

LXXIX. Lamb. 3. cap. 1. pag. 330.* 4.13 Any two Justices of the Peace may give allowance for urgent and necessary occasion to remain in an Inn, Victualling, or Ale-house, 1 Jac. 9.

LXXX. Dalt. 148. 65. It appeareth by Mr. Crompt. 94. supra 2. that it by the Justices that the Measure of Wine and Ale should be all one,* 4.14 but now by 1 Jac. 9. §. N. Ale and Beer, shall be sold by retail by one and the same Measure, scil. the Ale-Quart.

LXXXI. Dalt. 148. 65. And for the Prices of all Vessels of Ale and Beer,* 4.15 by 23 H. 8. 4. §. 5. N. 1. Any two Justices of the Peace might Assess the Prices thereof, and that no Brewer shall take for any Barrel, Kilderkin, or Firkin, &c. of Ale or Beer, but after such Prises and Rates as shall be Assessed by the said Justices of Peace in the Countrey, or by the Mayor or their head Officers in Corporate Towns, &c. But now by the Statute, 8. Eliz. 9. §. 5. N. 1. the Assesment of the Prises thereof by the Justices shall be by the Justices or the most part of them, being present at the Easter Quarter Sessions, and only of such Vessels as shall be made or sold out of Cities or Corporate Towns, Crompt. 93.

LXXXII. 11 H. 7. 2. §. 1. N. 13. And that it shall be Lawful for two of the Justices of the Peace, whereof one shall be of the Quorum,* 4.16 within their Authority, to reject and put away Common-Ale-selling in Towns and Places where they think convenient, and to take sureties of the Keepers of Ale-houses, of their good behaviour by the discresion of the said Justices, and in the same to be advised and agreed at the time of their Sessions, supra 41.

LXXXIII. West. Symb. 2. part 96. Sect. 71.* 4.17 An Indictment for keeping an Ale-house or Tipling-house.

Juratores pro Dom. Rege sup. sacramentum suum presentant quod A. B. de C. in dict. Com. Yeoman,* 4.18 10 die Mensis Octob. Anno Regni Dom. nostri &c. & continue multis diebus postea, viz. usque XXXI diem dicti Octob. Anno supradict. apud. C. predict. in com. predict. obstinate atque ex authoritate propria ipsius A. B. fine ulla Justiciariorum pacis dict. Dom. Regis in Com. predict. admissione aut allocatione assumpsit sup. se custodire & custodim unam commu∣nem tavernam Anglice vocat a common Tipling-house & ibidem dicto xx. die & dictis diebus tunc postea communiter & publice vendidit cervicium & potum Anglice dictum Ale and Beer, diversis dicti dom. Regis ligeis & sub∣ditis in dicti Domini Regis contemptum ac contra formam cujusdam Statut. in Parliamentum Ed. nuper Regis Angliae sexto tentum apud Westminster Anno

Regni dicti domini Ed. quinto in hujusmodi casu provisi ac Editi. Lamb. Presid. 18. b. pl. 50. 5. & 6. Ed. 6. cap. 25.

* 4.19LXXXIV. Note that 1 Jac. 9. For restraint of inordinate Haunting and Tipling in Inns, Ale-houses and other Victualing-houses was made to conti∣nue only to the end of the first Session of the next Parliament, but is made perpetual by 21 Jac. 7. §. 1. N. 1. And as Mr. Chamberlains last Compleat Justice pag. 9. saith, is without doubt perpetually in force, notwithstanding it be only continued by 21 Jac. 28. §. 1. N. 29. 61. unto the end of the first Sessions of the next Parliament; not only because this continuance is only affirmative, and so takes not away the force of any former Statute, which were sufficient alone, notwithstanding 1. Car. 1. cap. 4. which is expresly for further restraint of Tipling, and refers to 1 Jac. 9. &c. but also because since that Act of 1 Jac. 9. (though that be about the same matter as 1 Jac. 9.) Yet by 1. Car. 1. cap. 7. §. 3. N. 4. The Statute 1 Jac. 9. &c. is inclusively continued until some other Act be made touching the continuance or discontinuance of the same, by vertue whereof 1 Jac. 9. is also in force to this day, for no Act is made touching that matter since.

* 4.20LXXXV. 22. and 23. cor. 2. cap. 20. (7) §. 9. N. 2. For remedy of abuses by Bayliffs, &c. It is Enacted that if any Undersheriff, Bayliff, Ser∣jeant at Mace, or other Officer or Minister whatsoever, shall at any time hereafter have in his custody any person by vertue or Colour of any Writ, Process, or other Warrant whatsoever, It shall not be Lawful for such Of∣ficer to convey, or cause the said person to be conveyed to any Tavern, Ale-house, or other publick Victualling or Drinking-house, without the free voluntary consent of the said person so as to charge such Prisoner with any sum of Money, for any Wine, Beer, or Ale, Victualling, Tobac∣co, or any other things whatsoever, but what the said person shall call for of his own accord.

2. Hereupon Mr. Chamberlain in his compleat Justice, page 9, 10. well in∣fers, that Ale-houses of Bayliffs Serjeants, &c. are very mischevous, and to be considered of; and Dalt. 31. saith, such are not fit to be Licensed. Supra 60.

* 4.21LXXXVI. West. Symb. 2. part 137. Sect. 238. An Indictment of Selling Ale in Kilderkins 23 H. 8. 4. §. 4. N. 1.

* 4.22Juratores pro dom. Rege super sacramentum suum presentant quod I. R. de C. in Com. B. predict' Pandoxator & A. L. de eadem C. predict' Beer Seller sunt Communes Pandoxatores in C. predict' & 10 die, &c. Anno Regni, &c. ac di∣versis aliis diebus ac viribus tam antea quam postea vendiderunt Cervisium & Cervisiam per diversa vasa illicita vocat Kilderkins tam magna quam parva contra formam Statutorum inde edita ad grave dampnum populi Domi∣ni Regis &c.

LXXXVII. West. Symb. 2. part. 96. Sect. 71. An Indictment for keeping an Ale-house, or Victualling-house, against 5 and 6 Ed. 6. 25. § N.

* 4.23Juratores pro dom. Rege super sacramentum suum presentant quod A. B. de C. in dicto. com. E. Yeoman 20 die Mensis Octob. Anno Regni dom. nostri, &c. & continue multis diebus postea, viz. usque ad primum diem dicti Mensis Octob. Anno supradict' apud C. predict' in Com' predict' obstinate atque ex au∣toritate propria ipsius A. B. sine ulla Justiciariorum pacis dicti Dom' Regis in Comitatu predict admissione aut allocatione assumpsit super se Custodire & Custo∣divit unam communem Tabernam Anglia vocat a common Tipling-house, & ibidem dicto 20 die & dictis diebus tunc postea communiter & publice ven∣didit Cervisium & Potum Anglice dict. Ale and Beer diversis dicti Dom' Regis ligeis & subditis in dicti Dom' Regis contempt' & contra formam cu∣jusd' Statut' in Parl' Dom' Ed' nuper Regis Angliae 6. tent' apud Westm' in Com. Middlesex Anno Regni dicti Dom' Regis Ed' quinto in hujusmodi casu provisi & edit. Lamb. preced' 18. pl. 50.

* 4.24LXXXVIII. West. Symb. 2 p. 109. b. Sect. 121. Indictment against a Tipler

on 33 H. 8. 9. §. 11. N. 1. for keeping a Bowling-alley, &c. Lamb. Prece∣dents 18. b. pl. 51.

Juratores pro Dom. Rege super sacramentum suum presentant quod A. B. de C. in Com' E. predict' Tipler 2 die Septemb' Anno,* 4.25 &c. & continne post dictum diem Anno supradict' usque primum diem Mensis Octob. Anno supradict. apud C. predict. in Com. E. predict' quendam communem locum jaciendi Glebos Anglice vocat a common Bowling-alley prolucro ipsius A. B. proprio & ad ludendum tunc ibidem cum Globis Anglice vocat' Bowls: illicite tenuit Custodi∣vit ac manutenuit contra formam cujusd' Statut' in Parl' Dom. Henrici nuper Regis Angliae 8. Anno Regni sue 33. in hujusmodi casu provisi & editi.

Et quod I.S. de C. predict' in Com. E. predict Labourer & tres aliae presonae ignot' dicto 2 die Septemb' Anno supradict' dictum communem locum usitave∣runt ac tunc ibidem cum Globis Anglice vocat Bowls insimul & illicite Inse∣runt contra form' Statut' pred' &c.

LXXXIX. West. Symb. 2. part 155. Sect. 339. An Indictment of Misrule, &c. infra 91.

Juratores pro Dom' Rege super Sacramentum suum presentant quod T. E.de,* 4.26 &c. in domo sua continue recepit hospitavit & supportat vagabond' mere∣trices & alios diversos homines ociosos suspect' & malae conversationis & con∣tinue custodivit malam regulam & Gubernationem in domo suo, ad grave no∣cumentum & perturbationem omnium vicinorum suorum ac contra formam di∣versorum Statut' &c. ac contra paecem, &c.

XC. West Symb. 2. part 15. 7. b. Sect. 355. An Indictment of disor∣ders &c.

Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. de C. &c. est communis Tiplator ••ervisiae & communis Barrectator & pacis Dom' Regis perturbator & custodit & manutenet quotidie & noctanter in domo sua apud &c. diversas personas suspect tam Homines quam Mulieres & Vagabond' ibidem bibentes jurantes & ludentes ad luda illicita,* 4.27 viz. apud Cards and Dice, in noctibus post horas debitas & legitimas & qui vigilant in nocte & dormi∣unt in die nec non habet fidem & opinionem contra fidem Dei. & hec verba dix∣it 2 Septemb. Anno apud, &c. in his Anglicanis verbis sequent', God never took Flesh nor Blood of our Lady, in presentia D. E. F. G. & aliorum lige∣orum dicti domini Regis in malum exemplum & magnum nocumentum omni∣um aliorum ligeorum dicti Dom. Regis Coron' & dignitat' suas.

XCI. Practick Precedents 135. An Indictment for keeping a disorder∣ed Ale-house, supra 89.

Juratores pro Dom' Rege super Sacramentum suum presentant quod G. R.* 4.28 nuper de A. in parochia de Islington in Com' M. pred. Yeoman 2 die Julij Anno Regni, &c. & diversis aliis diebus ac vicibus tam antea quam postea apud pa∣rochiam pred. in com' pred' custodivit & manutenuit & adhuc custodit & ma∣nutenet quam dam demum tiplatorium malegubernat' & inordinat' Anglice vocat a common disordered Ale-house & in eadem domo ad tunc & ibidem permisit diversas personas otiosas & male dispositas Juratoribus pred' ignot' di∣versis temporibus tam per noctem quam per diem esse & remanere tiplantes bi∣bentes & se malegerentes ad magnam inquietatem & perturbationem omnium ligeorum & subditorum dicti Dom' Regis ibidem inhabitant' in contempt' Le∣gum Angliae in malum exemplum omnium aliorum in hujusmodi casu deliln∣quentium, ac contra pacem dicti Dommini Regis nunc Coronam & dignita∣tem suas.

XCII. Practick Precedents 89, 90. An Indictment against a common Drunkard.

Juratores pro Dom' Rege super Sacramentum suum presentant quod A. B. nu∣per de C. in Com' pred' Yeoman 10 die,* 4.29 &c. Anno Regni, &c. & continue multis aliis diebus & vicibus tam antea quam post, predict diem, &c. Anno, &c. supradict' apud C. predict' in Com' predict' & alibi in diversis aliis locis infra

Com' pred' fuit & adhuc est communis poculator Anglice vocat' a common Drunkard, & communis perturbator pacis dicti Dom' Regis in malum exem∣plum fidelium subditorum dict' Dom' Regis nunc & contra pacem dicti Dom' Regis Coronam & Dignitatem suas, &c.

Alien & Allegiance.

Denizen, Foreigner, Strangers.

* 4.30I. DAlt. 164. cap. 68. An Alien born, who is made a Denizen, may have his surety of the Peace; and so of an Alien born, who li∣veth in England under the King's Protection, although he be not made Denizen, because (Cromp. J. P. 134. b.) it's Felony to kill him, Lamb. 2. cap. 2. page 80.

* 4.31II. Dalt. 164, 165. cap. 68. And so of an Alien, whose King is in League with our King; or if there be no Wars between this Realm and that Realm whereof the Alien is; for by the Common-Law all these may get and have within this Realm any personal Goods, and sue for the same, and so have the benefit of the King's Laws and Protection; But an Alien who is the King's Enemy, (viz. where there is open War between our King and his King) shall not have this surety granted to him, nor any other be∣nefit of the King's Laws, Dyer 2. & 7. Co. 16, 17, &c. Calvin's Case. Cromp. J. P. 134. a. b. such Enemy may be killed.

* 4.32III. If an Alien born serve seven years as an Apprentice in England, Query, If he be within 5 Eliz. 4. §. 31. N. 1. to set up his Trade? see 1 R. 3. 9. §. 9. & 21 H. 8. 16.

* 4.33IV. 9 Ed. 3. Alien or Denizen Merchant, except the King's Enemies, may buy and sell where they will, within Franchises or without, 14 Ed. 3. 2. 2 L Ed. 3. St. 2. cap. 2. 5 H. 4. 7.

Alms-houses,

see Poor.

Amerciaments.

Fines, Forfeitures, Contempts, Affearment, Estreats.

* 4.34I. LAmb. 2. cap. 4. page 159. Touching the assessment of the Fines or Ransoms upon the Offenders so convicted by the Record of the Justice of Peace (on 8 H. 6. 9. §. N. of forcible entry) and by his War∣rant sent to the Gaol, some men do think that the same Justice hath suffi∣cient authority to put them to their Fines, and upon Pledges found for the payment thereof, to deliver them out of Prison again, when he by his di∣scretion shall think good; for (as they say) he is only appointed Judge over this Offence, and only hath the custody of that Record, and knoweth best both how to moderate the Imprisonment, and to rate the Fine accor∣ding to the quantity of their Trespass and Offence; and as he is bound by his Oath and Duty in their opinion to estreat all Issues and Amerciaments growing to the King by his enquiry, so ought he also to estreat and send this into the Exchequer, that from thence the Sheriff may be comman∣ded to levy it to His Majesties behoof; But granting this to be true, yet to avoid all peril of dashing against the Rock of Doubt, I think it the better course to refer this over also to the Kings Bench, &c.

* 4.35II. Lamb. 3. cap. 2. page 355. Two Justices of the Peace (whereof one to be of the Quorum) appoinred by the Custos Rotulorum, or by the eldest of the Quorum in his absence, are to oversee and controul the Sheriffs Books and Amerciaments, and the Estreatr of the said Amerciaments are to be made by Indenture between them and the Sheriff or Under-sheriff, and to

to be sealed with their Seals; and they may upon suggestion make Process, as in an Action of Trespass against the Offenders of that Statute, (viz. 11. H. 7. 15. §. 1. N. 17.) to answer before them, Cromp. 200 b.

III. Lamb. 4. cap. 3. page 380. The Justices of Peace be so necessary,* 4.36 as without them (though all others should appear) no Sessions can be kept; And yet if any of them be absent, their fellow Justices cannot amerce them, as the Justices of Assize may do; for inter pares non est potestas.

IV. 27 H. 8. 24. §. 9. N. 1. That the King, &c.* 4.37 shall have all manner of Fines, Issues, Amerciaments, and Forfeitures, &c. assessed by or upon any Stewards, Bailiffs, or any other Ministers or Officers of any Franchises or Liberties for non exicution, misexicution or insufficient returns of such Writs, Warrants, Precepts, or other Process, which to them, or to any of them, or to any their Deputies, shall be directed; or for any contempt or other misdemeanour whatever it be concerning their Offices in and for the due execution or administration of Justice, any Grant or Allowance, or other thing to the contrary, notwithstanding.

V. 5, & 6 Ed. 6. 25. §. 5. N. 3.* 4.38 The said Justices of Peace in Town or County, upon the said Certificate made (of disorder, or selling Ale with∣out License) shall in open Sessions assess the Fine for every such Offence, at 20 s. Lamb. 563. 569. in Ale, §. 26. 30.

VI. 11 H. 7. 4. §. N. 16. Be it also ordained that the Justices of the Peace,* 4.39 &c. make like process against all persons found, &c. defective in Weights and measures, and for such Fines and Amerciaments as upon them shall be assessed, as if they were Indicted before them for breaking of the Kings Peace,

VII. Lamb. 571. 572. No doubt but this Ordinance (viz. 51 H. 3. Stat.* 4.40 5. pag. 11. §. 1. N. N. 2.) doth extend to the Justices of Peace, as a man may easily gatherby words in the Statute of Labourers, 5 Eliz. 4. §. 39. N. 4. That all Estreats of Fines, and Amerciaments, be certified into the Exche∣quer Crompt. 168.

VIII. Lamb. 4. cap. 21. pag. 617.* 4.41 If the Fines and Amerciaments of the same Sessions (saith Mr. Marrow) will not fully amount to the Sum of the Wages then due to the Justices, Yet shall the Wages be Ratably paid out of them, so far as they will extend.

IX. Crompt. 168.* 4.42 A Justice of Peace may deliver into the Exchequer an Indictment of Fines upon the Country before them, and I have done so and it was Received in the Exchequer, by the hands of one of the Barons there, Lamb. 571. 572.

X. Lamb. 4. cap. 16. pag. 566. And in that respect chiefly doth it (viz.* 4.43 a Fine for which a man is Imprisoned,) differ from an Amerciament; for when the Offendor hath not so deeply trespassed, that thereby he deserveth any bodily punishment at all, as if he be nonsuited in any Action, or do com∣mit any such like fault, he is said to fall into the Kings mercy, because he is therein mercifully to be dealt with T. D. L. verbo Amerciament.

XI. Lamb. 567. 568.* 4.44 But now of later time the Justices themselves have in some case of Amerciaments also used to Assess and Rate the same with∣out any other help, as where the Officers of their Courts have offended, 33 H. 6. 54. 34 H. 6. 20. & L. 5 Ed. 4. 5. which also seemeth to make another difference between Fine and Amerciaments, but neither of these be strictly observed, either in common Speech, or in the understanding of the latter Statutes.

XII. Lamb. 568.* 4.45 Now therefore if the Offence be Finable by General words only, without speaking of any Fine, or without shewing by whom the Fine shall be Assessed, for so it is commonly in the Elder Statutes that do prohibit any thing to be done there, the Assessment thereof belongeth to the Justices before whom the conviction is lawfully had.

* 4.46XIII. Resolution of the Justices 1633. Dalt. 119. in Poor 537. 8. Quaere whether it be in the power of any General Quarter-Sessions to mitigate any penalty upon a Statute-Law, if the party Indicted shall submit himself to the Fine of The Court, and Wave the traverse?

Resolved if the party be Convicted, or Confess the fault, it is not in the power of the Court to mitigate the Fine in such cases where the Statute makes it certain, Lamb. 568. 569. in Justices 185.

But if the party Indicted protesting his Innocency, yet quia noluit placita∣re cum Dom. Rege, puts himself into the Grace of the Court, the Court may impose a moderate Fine, and order to forbear the prosecution.

Annum &Diem, &c.

see Days.

Apparel.

Liveries.

* 4.47I. 1 Jac. 25. §. 4. 5. N. 1. A Repeal of all Statutes of Apparel.

Appeal.

A Procurer, Coron.

* 4.48 I. 6 Ed. 19. §. 1. N. 4. No Appeal shall be abated so soon as they have been heretofore; But if the Appeal do declare the Deed, the Year, the Day, the Hour, the time of the King, and the Town where the Deed was done, and with what Weapon he was Slain, the Appeal shall stand in Effect.

* 4.49II. 6 Ed. 1. §. 1. N. 5. Glocester, and shall not be abated for default of Fresh Suit, if the party shall Sue within the Year and the Day after the Deed done.

* 4.50III. Crompt. J. P. 25. b. §. 54. The Appeal shall be brought within the Year after the Death of the party, and not of the Stroke, and so is the Com∣mon experience in B. R. and so is the Law without question, as Wray Ch. J. there said 4. co. 42. and so it is in case of an Indictment that ac∣counts of the Death, not from the stroke, but from the Day when the par∣ty died.

Appearance.

Attorney.

* 4.51I. 6 Ed. 1. 8. Glocester, May be by Attorney in such Pleas where Appeal lyeth not, and party absent, attainted shall have like pain as if present.

* 4.52II. Lamb. 390. At the General Sessions must appear the Justices, the Clarks of the Peace, the Sheriff, Coronors, Bayliffs, Constables, &c.

Apprentice.

Trades, Labourers, Servants, Workmen, Artificers, Handicraft-men.

* 4.53I. 5 Elix. 4. §. 10. N. 6. The Form of a Testimonial to a Servant depart∣ing, to be signed by the persons, &c. where the last Master dwelt.

* 4.54Memorandum That A. B. Servant to D. C. of E. Husband-man, or Taylor, &c. in the said County, is Licensed to depart from his said Master, and is at his Liberty to serve elsewhere according to the Statute in that case made and

provided, In Witness whereof, &c. Dated, &c. the day, &c. of the making thereof.

II. Hetley, 164. pl. 351. Browns Ca. Hill. 6. Car. 1.* 4.55 In an Information upon 5 Eliz. 4. §. 11. N. 1. Only shewing the said Branch, and by Hutton and Harvey Justices, that it is not to be intende•• of an Apprentice in Hus∣bandry, but of an Hired Servant, for the said Statute did not provide for the departure of an Apprentice, because that an Apprentice ought to be by Indenture, and then a Writ of Covenant lyeth upon his departure to force him to come again, and by the Common-Law an Action upon the case lyeth for retaining the Servant of another, Winch. 25. pl. 63.

III. Hetley 165. ibidem And by them the retainer,* 4.56 without having any Testimonial, which is an offence against 5 Eliz. 4. §. 10. N. 1. is after the years of retainer expired, for so are the Words of the Statute.

IV. Hetly 165. ibidem But they said that the Information was nought,* 4.57 be∣cause it doth not appear that the Defendant did not retain him out of the parish where they served before, for the Statue 5 Eliz. 4. §. 10. N. 2. saith, out of the City, Town, or Parish, &c. except he have a Testimonial, and the words Secundum formam Statuti, will not aid it; and in the same Village or Cit••, &c. the Statute doth not require a Testimonial, because that there it was known &c.

V. Lamb. 2. cap. 7. pag. 190. 191. by 5 Eliz. 4. §. 5. N. 5.* 4.58 Any one Justice of the Peace may take upon him to hear and order the controver∣sies between Masters and Servants, touching their departure, and may al∣low of the reason and sufficiency of the Cause for which a Master may put away his retained Servant, or for which the Servant may depart before the end of his Service, and he may in Hay-time or in Harvest upon request, and for the saving of Corn, Grain, or Hay, cause such Artificers, and per∣sons as be meet to Labour by his discretion to serve by the day for the get∣ting, cutting, Inning, or carrying thereof, according to the skill and qua∣lity of the Person; and may upon his refusal, Imprison him in the Stocks, by the space of two days and one night: And his Testimonial under his Hand and Seal to such as may pass in Hay or Harvest time from one Shire to another, sufficient; and he also (upon complaint made) may Commit that party toward, that in his Judgment shall be thought meet, and yet shall refuse to be bound as an Apprentice according to the intent of the Statute, there to remain until he be contented so to be bound: And he also may by his discretion, upon complaint or the Apprentice take order between his Master and him; and for want of conformity in the Master, may bind him to appear at the next Sessions before the Justices, Crompt. 159. §. 16. and 156. §. 28. and 197. §. 34. Dalt. 7. 7. 78. cap. 31.

VI Lamb. 3. cap. 1. pag. 329.* 4.59 Any two Justices of the Peace upon com∣plaint that any Servant retained by the Statute 5 Eliz. 4. departeth before the end of his Term, or at the end thereof, without a Quarters warning: Or that any person compellable by the Statute to serve, doth refuse to serve for the Wages appointed, may examine the matter, and finding such Servant or person faulty, may commit him to Ward, there to remain till he shall be bound to the party offended, to serve and continue ac∣cording to the Statute, Crompt 198. Dalt. 78. cap. 31.

VII. Lamb. 329. 330. ibid. They also (viz. 2.* 4.60 Justices) may Imprison for ten days the Master that giveth, and for 21 days the Servant that taketh more Wages then after the Rates thereof made, 5 Eliz. 4. §. 15. N. 2. and may Imprison for a whole year such Servant as shall be convicted before them by his own confession, or by the Oaths of two honest Men, to have made any assault upon his Master or Mistress, or other person having any charge of him, or of the Work, and they may appoint any Woman, being unmar∣ryed, of the Age of 12 years, and under 14, that is out of Service, and

whom they shall think meet to Serve, to be retained by their discretion, and may upon her refusal, commit her to Ward, till she be so bound to serve, 5 Eliz. 4. §. 24. N. 2. Crompt. 198. Dalt. 79 cap 31.

* 4.61VIII. Lamb. 330. ibid. Any two Justices of the Peace may make Testi∣monial to a Tiring-man that is turned away from his Master, or whose Master is dead, 14 Eliz. 5. § N. 18 Eliz. 3. §. N. and 27 Eliz. 11.

* 4.62IX. Lamb. 330. Any two Justices of the Peace may give assent to the Church-Wardens and Overseers, or the greater part of them, to bind as Apprentice the Children of Poor Parents, till the age of a Man-child of 24, and till 21 of the Woman, 39 Eliz. 3. Dalt. 391. infra.

* 4.63X. Lamb. 3. cap. 3. pag. 360. It is requisite by 5 Eliz. 4. §. 27. N. 2. That the Certificate that is to be made to the head Officer of the City or Town Corporate where a Child is to be put Apprentice to a Merchant, Mer∣cer, Draper, Goldsmith, Ironmonger, Imbroiderer, or Clothier, that the Father or Mother of such Child may dispend 40 s. Freehold by the Year, be under the Hands and Seals of three Justices of the Peace where the Lands lye, Crompt. 200. b. Dalt. 80. cap. 31.

* 4.64XI. Lamb. 364. Every Justice of Peace sitting in execution of the same Statute of Labourers and Servants (5 Eliz. 4 §. 38. N. 1.) shall have 5 shil∣lings the day, for three days together, out of the forfeitures that grow upon the same Statute.

* 4.65XII. Lamb. 4. cap. 4. pag. 430. Article, in charge at Sessions on 5 Eliz. 4. §. 10. N. 5. if any Parson, Vicar, or Curat, have taken above 2 pence for Registring a Testimonial for any Servant departing from one place to another, Crompt. 175. b. §. 3.

* 4.66XIII. Lamb. 454. Article of Charge in Sessions on 5 Eliz. 4. §. 31. N. 1. If any person do use any Art or Manual Occupation used in the fifth year of the late Queen Elizabeth, which hath not been brought up therein 7 years at the least, as an Apprentice, or hath set any to work in it which is not a Workman, or a Journeyman by year, or haih served as an Apprentice, Crompt. 82 b. 83.

* 4.67XIV. Lamb. 465. 466. Article of Charge in Sessions, if any person have been retained into service to work for any less time then a whole year, in any the Arts of a Clothier, Wollen-Weaver, Tucker, Fuller, Cloath-Worker, Sheer-Man, Dyer, Hosyer, Taylor, Shooemaker, Tanner, Pewterer, Baker, Brewer, Glover, Cutter, Smith, Farrior Curryer, Sadler, Spurrier, Tur∣ner, Capper, Hatmaker, Feltmaker, Bowyer, Fletcher, Arrowhead-ma∣ker, Butcher, Cook, and Miller, and if any person, being unmarryed or under thirty years of Age, and married, and being compellable to serve in any of those Arts, have refused to serve, 5 Eliz. 4. §. 35. N. 1.

* 4.68XV. Lamb. 466. ibid. If any person being between the Age of twelve, and therefore being Compellable to serve in husbandry, have refused to serve in husbandry 5 Eliz. 4. §. 7. N. 14.

* 4.69XVI. Lamb. 466. ibid. And if any person have given any Wages, con∣trary to the Rates of Wages of Servants and Labourres, appointed and proclaimed 5 Eliz. 4. §. 18. N. 1.

* 4.70XVII. 466. If any person retained in husbandry, or any the said Arts, have after his retainer expired, departed out of one Limit Town or Parish into another, without a Testimonial; and if any person have accepted into his Service any so departing, without shewing such Testimonials, 5. Eliz. 4. §. 10. N. 5.

* 4.71XVIII. Lamb. 466. If any any person have put away his Servant before the end of his Term without reasonable and allowed cause before a Justice of the Peace: Or at the End of his Term, without a Quarters warning before-given; and if any Servant departeth without such cause before the end of the Term, or at the end thereof without such Warning given be∣fore two Lawful Witnesses, 5 Eliz. 4. §. 8. N. 1.

XIX. Lamb. 467. If any Artificer, or Labourer hired by the day or week, have not continued at his work so many hours in the day as he might, or taking any work by the Great, have unlawfully departed before the Fi∣nishing thereof, 5 Eliz. 4, §. 13. N. 1.

XX. Lamb. 467. If any Servant, Workman, or Labourer,* 4.72 have wilfully and maliciously made any Assault or Affray upon his Master, or Dame, or other persons having the Charge of such Workers or Works, 5 Eliz. 4. §. 35. N. 1.

XXI. Lamb. 467. If any Constable or head Officer,* 4.73 have not upon com∣plaint put into the Stocks two days and one night, every Artificer or Per∣son meet to Labour, that hath refused to Labour in Hay-time or Harvest, for the getting or carrying of Corn, Hay or Grain, being thereunto ap∣pointed by a Justice of Peace, or such Constable or head Officer, 5 Eliz. 4. §. 22. N. 1.

XXII. Lamb. 467.* 4.74 If any person have taken any Apprentice against the Order of the Law: And if any person have exercised any Art, not being brought up therein as an Apprentice Seven years, 5 Eliz. 4. § 31. N. 1.

XXIII. Lamb. 4. cap 6. pag. 504.* 4.75 So may the Justices hear and determine by Information, Action of Debt, or Bill of offences, against the Statute of Labourers, 5 Eliz. 4. §. 39. N. 2. Crompt. 127. 184. infra.

XXIV. Lamb. 4. cap. 8. pag. 517. So if a Servant depart into another Shire, the Justice of Peace of that Shire where the departure was,* 4.76 may grant Writs of capias to the Sheriff of that other Shire where the Servant is re∣turnable before themselves, 5 Eliz. 4. §. 47 N. 1. Crompt. 149. b. 109. b. infra.* 4.77

XXV. Lamb. 571. 572. No doubt but 51 H 3. Stat. 5. page 11. de scacca∣rio, this Ordinance doth extend to the Justice of Peace, as a man may easily gather by Words in the Statute for Lobourers, 5 Eliz. 4. §. 39. N. 3. Crompt. 166.

XXVI. Lamb. 593. I think it cleerly proved, that, before 5 Eliz. 4. §. 39.* 4.78 the Quarter Sessions ought to be directed by the Statute, 2 H. 5. 4. §. 2. N. 2. Crompt. 125. §. 24. Infra.

XXVII. Lamb. 594. Upon this Statute 5 Eliz.* 4.79 some have thought that 2 H. 5. 4. §. 2. N. 2. is repealed concerning the Branch of the Sessions, and others do think the contrary, and prove it by 5 Eliz. 4. §. 15. N. 1. which cannot be understood of any other Statutes conserning the Sessions, but only of 2 H. 54. §. 2. N. 2. &c.

XXVIII. Lamb. 4. cap. 19. pag. 601.* 4.80 The Proof of the Sufficiency or insufficiency of the Cause for which the Master may put away his Servant, or the Servant may depart from his master before the end of the Term, shall be made at the Quarter Sessions, 5 Eliz. 4. §. 35. N. 4.

XXIX. Lamb. 4. cap. 21. pag. 620.* 4.81 If any Justice of Peace not being Sick, nor having other Lawful excuse to be restified under the Oath of one assessed in the Subsidy Book at 5 pounds, &c. do not assemble at the Easter Sessions to rate the Wages of Servants, &c. he shall lose ten pounds to the King, 5 Eliz. 4. §. 17. N. 1.

XXX. Lamb. 4. cap. 19. pag. 609.* 4.82 The Wages of Servants and Labour∣ers are to be rated by the Justice of Peace at the Easter Quarter-Sessions, or within six weeks after Easter, where those Sessions be usually holden in one place for the Shire by all Justices together, but where they are not so usually holden, but in several places for several divisions, there the Justices of Peace, or the most part of them resident within such division, shall at the same Quarter-Sessions, or at the time of Easter Sessions as is afore∣said, Rate and Ingross in Parchment under their Hands and Seals the Wages for Labourers, &c. within that Division, and the Sheriff shall pro∣claim the same in places convenient therefore, 5 Eliz. 4. §. 15. N. 1. Cromp. 124. §. 24. Infra.

* 4.83XXXI. Crompt. J. P. 7. b. §. 17. Note that there is a Statute made 5 Eliz. concerning Workmen, Artificers, Labourers, Apprentices, and Servants; and another made 14 Eliz. 5. of Vagabonds, of which Statutes the Justices have power thereby to inquire, and to punish them according to the Form of the said Statutes, by which all other Statutes concerning them are of little effect at this day, if it be not in certain special points.

* 4.84XXXII. Crompt. 49. b. Article of inquiry at Sessions, of those Servants that are past the age of 18 years, and are not Apprentice, to whom any Caskets, Jewels, Goods, or Chattels are delivered by their Masters accord, and run away with them, or any part of them, to the intent to steal or defraud their Masters or Mistresses of them, or be in service with their Master, Im∣bezil the said Caskets, Goods or Chattels, without assent or command of their Master, or convert them to their own use, with like purpose and in∣tent to Steal them, which Goods are of the value of 40 s. or more; this is Felony, 21 H. 8. 7. and 5 Eliz. 10. Fitz. J. P. 119. Infra 66.

* 4.85XXXIII. Crompt 82. b. 83. item. Sessions shall inquire whether any Use or Exercise, any Mistery, Art, or Manual Occupation Used or Occupied, (5 Eliz.) within this Realm, who hath not been Educated therein seven years at least as an Apprentice, or put any to Work therein who is not a Work∣man, unless he be an Apprentice, or hath served as an Apprentice, or shall be a Journeyman, a year on payment of 40 s. for every month. 5 Eliz. 4. §. 31. N. 1. Lamb. 454. supra.

* 4.86XXXIV. Cromp. 124. §. 24. The Justices may hold Sessions annually be∣tween Michaelmas and Christmas, and between the Feast of the Annuntia∣tion, and St. John Baptist; to inquire of the Branches of the Statute of Labourers, and of the good execution thereof, and punish the Offenders by 5 Eliz. 4. §. 37. N. 1. Lamb. 593. 594. 609. supra.

* 4.87XXXV. Cromp. 149. b. A Justice of the Peace of the County, or within a City or Vill Corporate may Award all the Writs of Capias that are ne∣cessary to any Sheriff, or chief Officers of places or other Counties from whom a Servant, or Apprentice of Husbandry, or any Arts, Sciences, or Occupation mentioned in 5. Eliz. 4. is unlawfully departed, is returna∣ble before themselves when they please, and upon their appearance they may commit them until they find sureties well and honestly to serve their Masters from whom they departed, as appears by the Statute, 5 Eliz. 4. §. 47. N. 1. Lamb. 517. supra see 2 H. 5. 4. Cromp. 185. b.

* 4.88XXXVI. Crompt. 154. b. The Servant that departs out of the Service of his Master against the Statute 5 Eliz. 4. nor he that refuseth to serve for the Wages limited; nor who promiseth to serve, and doth not serve accor∣ding to the said Statute, nor Artificers, nor Labourers or, &c. that depart before the Work they undertook to do be finished, unless for Lawful cause, nor he that is Committed, because he gave or received Wages against the Statute, shall not be Bailed.

* 4.89 XXXVII. Crompt. 168. The Justices of Peace or the greater number of them shall assemble yearly at Easter Sessions, and there rate the Wages of Servants, &c. for that year, and certifie it into the Chancery before the 12 of July next after, on pain of 10 l. every Justice that is negli∣gent in doing thereof according to the Statute, 5 Eliz. 4. §. 15. 1. Lamb. 609. supra.

XXXVIII. Crompt. 175. b. §. 3. A Parson, Vicar, or Curate, shall make a Testimonial to Servants that depart from their Masters, and shall have two pence only for making thereof, and for Registring thereof 5 Eliz. 4. §. 39. N. 2. Lamb. 504.

* 4.90XXXIX. Cromp. 184. Justices of Peace may Award execution to the in∣former, or to him that will sue by Action of Debt, or Bill of complaint for the Moity of forfiture by the Statute of Labourers, made 5 Eliz. 4. §. 39. N. 2. Lamb. 504.

XL. Cromp. 185. By these Cases of F. N. B. 169. 168. 38. H. 6. 14.* 4.91 La∣bourers 19. 44. 56. 14. Com. 259, &c. It appears what the Law was before the making of the Statute of 5 Eliz. 4. whereby another Law is given for the Retainer, Departure, &c. of Servants Retained in Husbandry, and for Apprentice and others.

XLI. Cromp. 185. b.* 4.92 The Justice of Peace may Award Writs of Capias in a∣ny County to take Servants; where, &c. who flee into other Counties from their own Masters, to bring before them at such time as they will Assign, Cromp. 149. b. & Lamb. 517. supra.

XLII. Cromp. 185. b. Nota,* 4.93 If any Serving-man depart without cause from his Master, he shall be Imprison, for 23 Ed. 3. 2. §. N. as to the departure of Servants, is general, 38 H. 6. Labourers 9. but 5. Eliz. 4. §. 11. N. 1. ex∣tends not to such Servingmen, but to Servants in Husbandry, &c. Dalt. 81.

XLIII. Crompt. 184. b. 189. b. He is no Apprentice, if he be not retain,* 4.94 by Indenture, and by the name of an Apprentice expresly, Hill. 3 H. 8. Rot. 379. Dalt. cap. 40. and cap. 31. pag. 81.

XLIV. Dalt. 78. cap. 31.* 4.95 Also it seemeth that if the first Justice of Peace to whom complaint was made, (viz' on 5 Eliz. 4. §. 5. N. 5.) shall find the default to be in the Apprentice, that then the said Justice of Peace may send him to the House of Correction, as an idle or disorderly person, by the Statute 7 Jac. 4. and needeth not to trouble the Sessions with him, yet quere Dalt. 359.

XLV. Dalt. 78. ibid' Any one Justice of Peace may allow of the cause of putting away of a Servant, or of the departure of a Servant within his Term;* 4.96 But otherwise of an Apperntice, for an Apprentice cannot be discharged but by four Justices of Peace at the least, and in open Sessions as afore∣said, or else by the agreement of the Master and the Apprentice, and under his Masters hand in Writing; And yet one that is retained as an Apprentice may be seised by his Lord as a Warde, by reason the Lords Title is more antient, Crom' 259. Laboures, 143. Br. 27. 30.

XLVI. Dalt. 78. ibid' And yet one Justice of Peace as it seemeth may make his Warrant to attach a Servant or Apprentice,* 4.97 departed out of Ser∣vice, or refusing to serve, to be before the Justices at their Sessions, there to answer their defaults, Dalton 259. 360. cap. 121. and it seemeth that any one Justice of Peace may send such idle or disorderly Servants to the House of Correction, and that by the Statute of 7. Jac. 4. §. 8. N. 3. Dal∣ton 385. cag.

XLVII. Dalt. 80. cap. 31. The Reason of this Law, (viz' 5 Eliz. 4. §. 27.* 4.98 N. 2.) seemeth to be, for that such as be to be bound Apprentices in Corpo∣rate Towns, &c. If their Parents be of Competent Livelihood, then their Master shall not only be the better secured, &c. but such Apprentices also in likelihood shall have better means to set up their Trades after their time expired, and concerning such whose Parents have not 40 s. per Annum, they are fitter to be bound Apprentice to Husbandry, &c. in the Country, Lamb. 360. Crompt. 200. b.

XLVIII. Dalt. 80. cap 31. But concerning this Certificate,* 4.99 (on 5 Eliz. 4. sect;. 27. N, 2,) it seemeth not much in use at this day, neither is this Certi∣ficate so of the substance of the matter, or so material, that for want thereof the Indenture for Binding of such an Apprentice shall be void; For the Justice of Peace cannot be compelled to Certifie, &c. But if the Parent have 50. s. per Annum it sufficeth; And so were the opinions of Sir Humfrey Winch, and Sir William Jones, in the Court of K. B. Pasch. 21, Jac,

But Sir Henry Hobard Lord Chief Justice of the K. B.* 4.100 did not then de∣liver his opinion therein directly, yet he seemeth to me to hold that the Parents of such an Apprentice ought to have 40 s, per Annum, and also ought to procure such a Certificate from the Justice of Peace,

* 4.101XLIX. Dalt. 80. cap. 31.. By the Common-Law no man may be prohi∣bited to Work in any Lawful Trade, for the Law abhoreth Idleness, 11. Co. 53. b.

* 4.102L. Dalt. 80. cap. 31. A Woman cannot be restrained to use the Trade of making Dice, Cards, Bowls, or the like (except it be by Parliament,) for all Trades which do avoid Idleness, Exercize men in Labour for the Maintenance of them and their Families, And to increase their Sub∣stance, And to serve the King when need shall be, are profitable for the Common-wealth, and therefore the restraining of them is against the Law, 11. Co. 34. 8. Co. 126.

* 4.103LI. Dalt. cap. 31, Also by the Common-Law no man is prohibited to use divers Misteries and Trades at his pleasure, And although this was pro∣hibited by the Statute. 37 Ed. 36. yet presently at the next Parliament that Restraint of Trade being found prejudicial to the Commonwealth, it was Enacted again 36 Ed. 38. that all persons should be as free as they, were at any time before the said Statute, 11. Co. 54.

* 4.104LII. Dalt. 81. ibid. If a man use the Trade of Tallow Chandler, Baker, Brewer, or any other Lawful Trade or Manual occupation for his own use, or the use of his Family, without Selling any for the lucre and Gain, he may Lawfully do it, 8. Co. 129. 13. and 11. Co. 54. and yet he which useth a∣ny Trade or other Manual Occupation for the use of himself, or of his Fa∣mily only, without selling, he cannot retain any Apprentice which in the Statute of 5 Eliz. 4. but he may hire one to be his Servant who is skilful in that Trade or Occupation 8. Co. 129.

LIII. Dalt. 81. cap. 31. One purchased a Mill, and hired a Miller to be his Servant who Grown'd the Grists of his Neighbours, and the Wife of the Owner of the Mill took Money of their Neighbours for their Grists so Grown'd, and for this the Husband who was owner of the Mill, was In∣dicted at Cambridge Summer Assizes, Anno. 1619, by reason that he was never himself an Apprintice to the Trade, It was the Case of T. P. Yeoman.

* 4.105LIV. Dalt. 81 ibid. The intent of 5 Eliz. 4. was, that no person should take upon upon them any Art, Mistery, or Trade, &c. But such wherein they had Skill and Knowledge. And therefore none may keep a Common Brew-house, Cooks-shop, &c. to Sell to others, except they have been Apprentice thereto by the space of seven years.

* 4.106LV. Dalt. 82. cap. 31. If an Infant, Man or Woman, of twelve years of Age, or a Gentleman, Chaplain, Carpenter, or other person which is not compellable to serve, yet if they shall make a Covenant to serve in Husban∣dry, they shall be bound by their Covenant, and are punishable if they then shall depart, &c. F. N. B. 168. Lee. Br. 67. See 5 Eliz. 4. §. 42. N. 1. Yet by the Commom-Law such a Covenant, or retainer of an Infant un∣der twelve years of Age, was void, they neither having ability of Body, nor years to consent; for an Infant by the Common-Law is not of Age to Bind himself by Covenant ante Annos Nubiles which is 12 years in a Woman, and 14 years in a Man, 7. Co. 43. and 9. Co. 72. neither before that Age are they accounted potens in corpore, which were the Words used in the Statute 23 Ed. 3. 2. tho' those words are now left out of the Statute 5 Eliz. 4. §. 22. N. 7. and thereupon Markham in 21 H. 6. 32. and Coverture Br. 25. 30. Seems to hold 14. years, to be the Age of a Retain∣er of an Infant, but there the case was of a Man-child that was retained, 2 H. 4. 18. Labourers Br. 19. 20. But now by the Statute 5 Eliz. 4. § 25. N. 1. Any person above the Age of 10 years by their own consent and agree∣ment, may by Indenture be Bound an Apprentice to Husbandry or any other Trade or Art. Also one of 12 years of Age by the same Statute, 5 Eliz. 4. §. 7. N. 1. 14. is compellable by the Justice to serve in Husbandry, so also it seemeth of other Trades, Arts, Occupations Winch. 26. infra.

LVI. Dalt. 82. cap. 31.* 4.107 Such Children whose Parents are not able to maintain them, though they be under 12, yet may they be Bound Appren∣tices by the overseers of the Poor with the assent of any two Justices of the Peace by 43 Eliz. 2. §. 5. N. 1.

LVII. Dalt. 82. If a Child use Husbandry till the Age of 12 years and after be made an Apprentice to any Mystery, his Covenant shall be void:* 4.108 But Quere if this be not repealed by the general words of the Statute, 5 Eliz. 4. §. 12. N. 1. also see the Statute 1 Jac. 2. 5. §. 17. N. 1.

LVIII. Dalt. 82. A Servant may be compelled to Serve in Summer in the place where he served in Winter before;* 4.109 but this seemeth to have been only by 23 Ed. 3. 2. which Statute now stands repealed by 5 Eliz. 4. §. 23. N. 1. Cromp. 238. b. infra.

LIX. Dalt. 83. cap. 31. If a Servant who is Retained shall depart out of his Service and wander, he may be compelled to Serve another Man;* 4.110 But yet the first Master may take him away again, F. N. B. 168. Notice Br. 24. And besides, it is safe to get the consent of the first Master: For now, 5 Eliz. 4. §. 11. N. 1. The Master Retaining a Servant departed, with∣out shewing a Testimonial before his Retainer, forfeits 5 li.

LX. Dalt. 84. If the Master or his Wife shall beat the Servant,* 4.111 these were good cause for the Servant to depart, before 5 El. 4. §. 5. N. 5. But now the allowance of the Justice of Peace is requisite, and yet note that the Master by Law is allowed with moderation to chastise his Servant or Apprentice, See 33 H. 8. 12. §. N. Dalt. 165. 159. But now by the Statute of 5 Eliz. 4. §. 5. N. 5. The causes of putting away and departing of Servants, are referred to the consideration and allowance of the Justices of Peace; It behoveth them to have good care lest by their giving too much way therein, either to the Master or Servant, many which might by due ordering have proved good Servants, turn Rogues, and Vagabonds.

LXI. Winch, 25. pl. 63. An Information Mich. 19 Jac. C. B.* 4.112 was for that his Apprentice departed out of his Service, and the Defendant Received and Retained him without a Testimonial from the Master, contra formam Statuti, and so he demanded 5 li. The Defendant Pleaded nil debet, &c. and found against him, and now Hendon Serjeant moved in Arrest of Judg∣ment, that an Apprentice is out of the Clause of 5 Eliz. 4. §. 11. N. 1. And that the same extends only to Servants, and to Laborours Retained with∣in that Statute.

LXII. Winch. 26. ibid. Hobard. Ch. J. said,* 4.113 that it was never the intent of 5 Eliz. 4. §. 11. N. 1. to make an Infant who is an Apprentice to be within the danger of the same Statute, for an Infant at the Age of 14 years may be Bound to be an Apprentice, and the Punishment which is given by the same Statute, is that such person shall be whipt as a Rogue, which plain∣ly proves the Statute intends only those who are of full Age; and if other Construction shall be made, perhaps the Son of a Gentleman may be pu∣nished as a Rogue by such departure. And he held, that if an Apprentice depart with his Masters Goods delivered to him, that he is not with∣in 21 H. 8. 7. as another Servant is. Hob. said, that he doubted much whe∣ther an Apprentice had been within that Statute, though the proviso 5 Eliz. 4. §. 42. N. 1. had not been; But this proves that the makers of the Statute thought this to be a hard matter, to make an Infant who is an Apprentice, to be within the danger of the same Law, and for that reason the proviso of the Statute was made, Winch. said, to which Hutton agreed, that upon the nil debet, this may be moved in Arrest of Judgement if the matter be not within the Statute, & adjurnatum Dalt. 82. supra, Hetley 164. supra.

LXIII. Dalt. 359. cap. 121. A Warrant for a fugitive Servant* 4.114

I. C. Miles unus Justiciar' Dom' Regis, &c. Ballivis Hundred' de B. & T. H. Constabular' de M. in Com' predict' salutem.* 5.1 Quia E. I. retentus in Servi∣tio

I. T. de M. predict' sibi serviend' secundum form' & effect' Statut' de servien∣tibus edit' a Servicio predict' I. T. sine causa rationabili & licentia ipsius I. T. recessit ut dicitur, ideo ex parte Dom' Regis vobis & cuilibet vestrum precipio quod prefat' E. L. ad prefat. J. T. magistrum suum de serviend' deliberar' facia∣tis & si hoc recusaveris tunc eum Goalae de C. &c, duci faciatis quousque, &c. ita quod eum habeatis coram me & sociis meis Justiciar' dicti Dom' Regis in Com' predict' ad proxim' sessionem pacis ibid' tenend' ad faciend' & recipi∣end' ea quae ei tunc & ibidem in hac parte objicientur.

Sigillo meo sigillat' Dat' apud, &c,

West. Preced' •• part Sect. 578.

* 5.2LXIV. Dalt. 359, 360, Another Warrant for a Fugitive Servant.

To the Sheriff of, &c.

* 6.1WHereas I. E. being Lawfully retained in service with N. A. of, &c. is departed from his said Masters service before the end of his Term without his Masters leave or license, or without any reasonable cause, con∣trary to the Laws and Statutes of this Realm in that behalf provided, these are therefore in his Majesties Name, to command you and every of you, that you or some one of you do Attach the Body of the said I. E. And to bring him before me, or some other of his Majesties Justices of the Peace, &c. To find sufficient sureties, well and faithfully to serve his said Master, according to the Covenant between them made, &c. And if he shall refuse thus to do, that then you cause him to be conveyed safely to the Kings Ma∣jesties Goal, &c.

* 6.2LXV. Crompt. 238. de Servientibus ubi requisit' fuerunt ad serviend' recu∣santibus, Dalt. 360. cap. 121,

* 6.3Will' Basset Arnig' unus Justic' &c. R, L, Ballivo de S. in Com' pred' salu∣tem. Ex parte dicti Dom' Regis tibi mando, quod Attachias R. A. de S, pred' Labourer, ita quod eum habeas coram me vel sociis meis Justic' dicti Domini Regis ad pacem in Com' pred' conservand', necnon ad diversas felonias, trans∣gress' & alia malefacta in eodem Com' andiend' & terminand' assignat', ad proximam Generalem Sessionem pacis in Com' pred' tenend', ad respondend' tam dicto Domino Regi, quam B, C. de A. &c. Yeoman, quare ipse pred' R. A. licet in servitio congruo pro statu suo per prefat' B. C. fuit sepius requisitus ei servire, ipse tamen B. C. servire penitus recusavit, in contempt' dicti Domini Regis, & ipsius B. C. grave damnum, & contra form' Statut' de Servien∣tibus nuper edit' & provisi, & habeatis ibi tunc hoc mandatum. Teste, &c. See 5 Eliz. 4.

* 6.4LXVI. Crompt. 238. Warrant' ad capiend' Servum qui recessit ante finem termini.

* 6.5R. B. Armig' unus Justic', &c. Vic' Com' pred', necnon I. B. Constabular' Villae de B. & R. N. Ballivo itineranti in eodem Com', & eorum cuilibet, salutem. Ex parte dicti Domini Regis vobis & cuilibet vestrum mando, quod attachiatis seu unus vestrum attachiat W. B. de R. pred' Labourer, ita quod cum habeatis seu unus vestrum habeat coram me & sociis meis Justiciar' dicti Domini Regis ad pacem in Com' pred' conservand' necnon, &c. assignat' ad proximum Generalem Sessionem pacis in Com' pred' tenend', ad respondend' tam dicto Domino Regi, quam R. C. de &c. Yeoman, quare in servitio ipsius R. apud T. in Com' pred' nuper retentus fuit ab eodem servitio ante finem termini inter eos concordat', sine causa rationabili & licentia ipsius R. re∣cessit, in dicti Domini Regis nunc contemptum, & ipsius R. grave damnum, & contra form' Statut' inde nuper edit' & provisi, & habeatis seu unus ve∣strum habeat ibi tunc hoc preceptum. Teste, &c. See 5 Eliz. 4. Dalt. 359. m. see Dalt. 331. infra 74.

* 6.6LXVII. Crompt. 238. b. Warrantia ad deliberandum servientem extra Goalam.

* 6.7Humfr' F. Armig' unus Justiciar', &c. custodi Goalae dicti Domini Regis in Com' predict' salutem. Quia W. C. de N. Labourer, venit coram me &

invenit sufficientem securitatem essendi coram me & sociis meis ad proximum Sessionem Pacis in Com' predict' tenend', ad respondendum tam dictae Dominae Reginae, quam C. D. de &c. de transgressione & contemptu suis, contra for∣mam Statuti de servientibus nuper editi & provisi. Ideo tibi ex parte dictae Dominae Reginae mando, quod predict' W. C. à prisona tua si ea occasione & non alia ibidem detineatur, sine dilatione deliberari facias. Datum tali die & anno.

LXVIII. Crompt. 238. b.* 6.8 Praeceptum versus servientem recessum de Villa ubi morabatur in hyeme.

J. C. Armig' Ballivis, &c. salutem.* 6.9 Ex parte dictae Dominae Reginae tibi mando, quod attachiatis seu unus vestrum attachiat' B. C. de E. in Com' pred' Labourer, ita quod eum habeas seu unus vestrum habeat coram Justiciariis dictae Dominae Reginae ad pacem in Com' predict' conservand' assignat' ad proximam Generalem Sessionem Pacis in eodem Com' tenend', ad respondend' dictae Dominae Reginae, quare de Villa de M. in Com' predict' ubi in hyeme Anno regni dictae Dominae Reginae nunc 26. morabatur, quamquam in eadem Villa de M. servitium competens eidem B. per quendam A. B. de M. predict' Yeoman, oblatus fuisset ad serviend' tamen extra predict' Villam de M. in estate tunc proximè sequent' recessit, in predict' Dominae Reg' nunc contempt', & ipsius A. grave dampnum, & contra form' Statut' inde nuper edit' & pro∣visi. Dat' &c. Dalt. 82. see 5 Eliz. 4. §. 23. N. 1.

LXIX. Crompt. 238, 239.* 6.10 Warrant' ad deliberand' Prisonar' capt' pro transgr' tangent' Statutum de servient'.

H. G. Armig' unus Justiciar' Domini Regis nunc ad pacem in Com' pred' conservand' assignat', Vicecom' Comitat' predict' ac custodi Goale dicti Domini Regis, sive ejus locum tenenti, & eorum cuilibet, salutem. Quia S. W. de A.* 6.11 in Com' predict' Labourer, venit coram me & invenit sufficient' securitatem essendi coram Justiciar' dicti Domini Regis ad pacem in Com' predict' conser∣vand', necnon ad diversas felonias, &c. in eodem Com' audiend' & terminand' assignat', ad proximam Generalem Sessionem Pacis in Com' predict' tenend', ad respondend' tam dicto Domino Regi, quam cuidam J. B. de A. Yeoman, de diversis contemptibus & transgressionibus contra form' Statut' de servient' nuper editi & provisi. Ideo vobis & cuilibet vestrum mando, quod predict' S. W. sine dilatione de custodia vestra deliberari facias, seu aliquis vestrum de∣liberari faciat, si ea de causa & non alia in custodia vestra detineatur. Datum &c. 10 die Aug. Anno regni, &c.

LXX. A Mittimus to the House of Correction for disorderly Servants,* 6.12 or other Idle persons. Infra 79.

I Have sent you herewithall the Body of E. C. in the said County,* 7.1 being (an idle, dissolute and disorderly Fellow, or) one that will not keep his Service, nor follow any honest course of life: These are therefore to will and require you to receive the said E. C. and him safely to keep, until he shall be thence delivered by my self, or some other of his Majesties Ju∣stices of the Peace of this County. And in the mean time to hold him to such Works, and to give him such punishment, by putting Fetters or Gives upon him, and by moderate Whipping him, as in good discretion you shall find cause; yielding him for his maintenance only so much as he shall de∣serve, or earn by his labour and work; and that at the next Quarter-Sessions you have the said E. C. together with this our Warrant; and hereof fail you not at your peril.

Dated, &c.

See 7 Jac. 4.

LXXI. A Mittimus to the House of Correction,* 7.2 of a Servant departed from his Master contrary to his reteiner.

WHereas I. F. of W. in the County aforesaid, Labourer, was lawfully reteined in Service with I. D. of W. aforesaid,* 8.1 Yeoman, and hath

often departed from his said Service before his term expired, without his Masters leave or license, or any other reasonable cause, contrary to the Laws and Statutes of this Realm: These are therefore in his Majesties Name to will and require you, to receive and take into your custody the said I. F. and him safely to keep, until he shall thence be delivered by due order of Law. And in the mean time to hold him the said I. to such Labour and Work, and give unto him such punishment, as by the Laws are required: Giving and yielding him such and so much maintenance, as he the said I. shall by his labour and work deserve or earn; and that you have the said I. at the next Quarter-Sessions to be holden at W. aforesaid, together with this Warrant; unless he the said I. F. shall before that time, in the pre∣sence of some Justice of the Peace, find sufficient Sureties well and faithfully to serve his said Master according to his Covenants; and hereof fail you not at your peril.

Given under my Hand and Seal at my house at I. this _____ _____ day of, &c.

To the Keeper of the House of Correction of W.

LXXII. A Warrant for a Servant which departs from his Master, contrary to his reteiner.

* 8.2FOrasmuch as I am informed that A. B. was reteined with D. of C. for divers years yet to come, as his Servant, and that contrary to his reteiner the said A. B. is departed from his said Master, before the said term expired, contrary to the Law in that behalf: These are, &c. to re∣quire you immediately upon sight hereof, to bring before me, or some other of his Majesties Justices of the Peace of this County, the said A. B. to answer the premisses; unless he shall be content to serve his said Master willingly, according to his said reteiner. And hereof fail you not, &c.

* 8.3LXXIII: Dalt. 391. cap. 128. Indentures for Apprentices.

THis Indenture made the _____ _____ day of _____ _____ witnesseth, That A. B. C. D. and E. F. Overseers for the Poor in the Town of H. in the County of C. and I. S. Churchwardens of the same Town, by and with the consent of I. N. and M. D. Esqs; two of his Majesties Justices of the Peace for the County of, &c. have by these presents put, placed, and bound I. H. being a poor Fatherless and Motherless Child, as an Apprentice with R. W. of H. aforesaid, Yeoman, and as an Apprentice with him the said R. W. to dwell from the day of the date of these presents, until the said I. H. shall come to be of the Age of 24. years, according to the Statute in that behalf provided. By and during all which time and term, the said I. H. shall the said R. W. his Master well and faithfully serve, in all such lawful business as the said I. H. shall be put unto, according to his power, will and ability, and honestly and obedientially in all things shall behave himself towards his said Master, his Wife and Children, and orderly and ho∣nestly towards all the rest of the Family of the said R. W. And the said R. W. for his part promiseth, &c. during all the said term to find unto his said Apprentice Meat, Drink, Linen, Woollen, Hose, Shoes, and all other things needful or meet for an Apprentice, &c. In witness whereof, &c. Lamb. 330. supra Dalt. 92. cap. 40.

* 8.4LXXIV. Dalt. 331. cap. 117. There be sundry Precedents of Attach∣ments made from one Justice of the Peace, against Labourers and Servants that shall refuse to serve, or that shall depart out of their Service, &c. con∣trary to the Statutes, (viz. before any Indictment) to be before the Ju∣stices at their Sessions to answer to their defaults; but these are warranted by 25 Ed. 3. 6. §. N. which is now repealed by 5 Eliz. 4. §. N. and by Lamb. 2. cap. 7. pag. 187. The like cannot be done unless Stat. specially require it.

LXXV. Kilborns Preced. 202. A discharge of a Servant within the time.* 8.5

FOrasmuch as it appeareth unto me,* 9.1 that A. B. was reteined by C. D. to serve him for a term not yet expired, and the said A. B. without consent of him the said C. D. hath for the space of, &c. now last past, ab∣sented himself from the said Service, and is gone into some place unto the said C. D. unknown: Therefore upon the consideration of the premisses, and of the Equity thereof on the part of the said C. D. I allow the cause and matter aforesaid to be reasonable and sufficient to discharge the said C. D. from any further keeping the said A. B. in his said Service, and do accor∣dingly discharge the said A. B. from his Service aforesaid.

Given under my Hand and Seal at T. the _____ _____ day of, &c.

LXXVI. Kilborns Preced. 203. A Warrant for the paying Wages,* 9.2

To the Constable, &c. of the Hundred of A. in the said County, and to every of them.

THese are in his Majesties Name to command you, that you,* 10.1 some or one of you, do cause A. B. to come before me, or some other of his Majesties Justices of Peace of the County aforesaid, to answer unto such matters as shall be objected against him by C. D. touching his detention of xx s. due unto C. D. as he saith for Wages, and further to do and receive as to Justice doth appertain: unless the said A. B. shall forthwith pay un∣to the said C. D. the Wages aforesaid, or do otherwise give satisfaction un∣to him for the same. And you are hereby also further required, to give unto the said C. D. convenient notice of the time, places when and whither, and before whom you shall cause the said A. B. to come in Execution here∣of, to the end that he may be also then and there present, to make appear his due to the Wages aforesaid. Hereof fail not, &c.

LXXVII. West. Symb. 2. part 96. sect. 74.* 10.2 An Indictment for using the Art of a Mercer, against 5 Eliz. 4. Infra 89.

Juratores pro Domino Rege super sacramentum suum presentant,* 11.1 quod A. B. de C. in Com' E. Mercer, 20 die mensis Maii, Anno regni dicti Domini no∣stri, &c. & multis aliis diebus continuè post dictum diem per spacium duorum mensium ex tunc proxime sequent', viz. usque 30 diem Julii anno supradict', apud C. predict' in Com' E. predict', quandam Artem sive Mysterium (Anglice dict' Mercery) illicite pro lucro suo proprio usitavit & exercuit, tunc ibidem vendendo Merces (Anglice vocat' Mercery-wares) diversis dicti Domini Regis ligeis & subditis ubi revera idem A. B. nunquam fuit in dicta Arte sive Mysterio educatus tanquam Apprenticius per spacium septem annorum, nec idem A. B. eandem Artem sive Mysterium predict' 12 die Januarii, Anno regni Dominae Elizab. nuper Angl. Reginae quinto, usitavit aut exercuerit, in magnum dicti Domini Regis nunc contempt', & contra form' cujusd' Statuti in Parliament' dict' Dominae Eliz. nuper Reginae Angliae

tent' apud Westm. Anno regni sui quinto,

in hoc casu provisi ac editi ut supradict.

Lamb. Preced. 19. b. pl. 53.

LXXVIII. Kilb. Preced. 2 Edit. 26. A Warrant against a Master for abu∣sing his Apprentice, 5 Eliz. 4.* 11.2

To the Constable, &c. of H. &c:

FOrasmuch as Complaint hath been made unto me by A. B. an Appren∣tice, against C. D. his Master, both of the Parish aforesaid,* 12.1 that he the said C. D. doth not allow unto his said Servant competent Meat, Drink, and Apparel, and doth immoderately correct him without any cause at all, (or turneth him out of his House, and will not suffer him to return, &c.) These are therefore in his Majesties Name to command you, that some or one of you do cause both the said Parties to come before me at H. on

Monday the 10. of this instant June, at four of the Clock in the Afternoon, to the end that I may examine the same matter. Hereof fail not, &c.

Given under my Hand and Seal this 10. day of June, &c.

* 12.2LXXIX. Kilb. Preced. 2 Edit. 26. b. 27. a. A Warrant against a disor∣derly Apprentice, supra 70.

To the Constable, &c.

* 13.1FOrasmuch as Complaint hath been made unto me by A. B. Joyner, against C. D. his Apprentice, both of your Parish of H. in this County, that the said C. D. is a stubborn and disobedient Servant, and doth very much misbehave himself towards his said Master, (or that the said C. D. is departed from his said Master, &c.) These are therefore in his Majesties Name to command you, that some or one of you do cause the said Parties to come before me at H. on Monday the 10. day of thit instant June, at four of the Clock in the Afternoon, to the end that I may examine the same matter. Hereof fail not, &c.

Given under my Hand and Seal this 10. day of, &c.

* 13.2LXXX. Kilb. Preced. 2 Edit. 27. A discharge of an Apprentice.

To the Constable, &c.

* 14.1WE R.K. H.D. E.F. G.H. four of his Majesties Justices of the Peace, &c. for the County of K. aforesaid. Whereas Complaint having been made unto us by A. B. an Apprentice, against C. D. his Ma∣ster, both of your Parish of H. within this County, that the said C. D. his Master hath not allowed to his said Servant competent Diet and Apparel befitting such Apprentice, and hath sometimes corrected him without any just cause at all, and when he had cause corrected him above measure; and we having ordered the said Parties to appear before us, having examined the Complaint, find it to be true; and therefore we do think fit to dis∣charge the said Apprentice of his Apprenticeship, and therefore do by these presents under our Hands and Seals pronounce and declare, that we have for the causes aforesaid discharged the said A. B. the Apprentice of his Apprenticehood, the 8. day of July, Anno Dom. 1679.

Given under our Hands and Seals, &c.

* 14.2LXXXI. West. Symb. 2. part 118. sect. 153. An Indictment of Petty Trea∣son against a Servant.

* 14.3Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de C. in Com' predict' Grocer, nuper serviens B. D. de C. pred' in Com' pred' Grocer, 10 die Septemb. Anno regni dicti Domini nostri, &c. in domo man∣sionali predict' B. D. apud C. predict' in Com' predict', vi & armis, viz. gla∣diis, &c. ad valentiam, &c. quos idem A. B. tunc ibidem in manibus suis te∣nuit, in prenominatum B. D. tunc Magistrum suum tunc & ibidem in pace Dei & dictae Dominae Reginae existentem, voludtarie & ex malitia sua pre∣cogitata insultum fecit, & eundem B. D. tunc Magistrum suum adtunc & ibidem cum dicto gladio felonice & proditorie super caput suum fortiter & va∣lide percussit, ita quod dicto ictu caput ipsius B. D. tunc Magistri sui, tunc & ibidem in duas partes scidit dans E. plagam mortalem unde corpus dicti B. D. immediate ibidem ad terram cecidit, & dict' B. D. instanter ibidem de plaga predict' mortuus est, & sic prefat' A. B. apud C. predict' ex malitia sua pre∣cogitata eundem B. D. Magistrum suum predict' modo & forma predict' volun∣tarie nequiter felonice & proditorie interfecit, contra pacem dicti Domini Re∣gis nostri nunc coronam & dignitatem suas.

Et quod quidem I. S. de C. predict' in dicto Com' M. Grocer, ante proditio∣nem predict' per prefat' A. B. sic ut prefertur voluntarie perpetratam & com∣missam, viz. sexto die Septemb. anno supradict' eundem A. B. apud C. predict' in Com' predict' ad proditionem predict' in forma predict' perpetrand' & com∣mittend', felonice consuluit, excitavit & procuravit, contra pacem dicti Domini Regis, ac contra coronam & dignitatem suas.

LXXXII. Kilb. Preced. 2 Edit. 311.* 14.4 A Warrant for sending a Servant to his Service, &c. by 2 Justices, 1 Quorum.

To the Overseers of the Poor for the Parish of A. &c.

FOrasmuch as you have complained unto us,* 15.1 that B. C. being retained into Service by D. E. of T. &c. for one year not yet expired, is come out of her Service in the said Parish of T. and likely to be chargable to the same: These are therefore in his Majesties Name to command you, and every of you, that you, some or one of you, do forthwith convey the said B. C. to her said Master, and deliver her unto him, to remain with him un∣til she shall be from him lawfully discharged; and in case of refusal of the said D. E. to receive the said B. C. accordingly, that you, some or one of you, do forthwith certifie us, or one of us of the same, to the end that such other proceedings may be thereupon had as by Law is required; hereof fail not.

Given under our Hands and Seals the 10. day of July, Anno, &c.

LXXXIII. Kilb. Preced. 2 Edit. 313.* 15.2 A Warrant to levy 40 s. on the Master, for putting away his Servant before the end of his term, 5 Eliz. 4. §. 5. N. 1.

To the Constables, &c.

FOrasmuch as it appeareth unto us this day upon Oath,* 16.1 that A. B. of your Town of A. Yeoman, hath put C. D. his Servant (lawfully re∣tained with him) out of his Service before the end of the term agreed, con∣trary to the Law of this Realm: These are therefore in his Majesties Name to charge and command you, and every of you, forthwith upon the receipt hereof, that you levy the sum of 40 s. by him the said A. B. forfeited by the Statute for his offence, by way of distress and sale of the offenders Goods, upon his not payment thereof, rendring to the said A. B. the over∣plus, if any be; and that you bring with you the said 40 s. at the next General Quarter-Sessions of the Peace to be holden for these parts of K. except the said A. B. shall shew good cause to the contrary to his Majesties Justice of the Peace at A. aforesaid, upon Thursday next being the 12. day of this instant Decemb. hereof fail not at your perils.

Given at the General Quarter-Sessions of the Peace at B. the second day of, &c.

LXXXIV. Kilb. Preced. 2 Edit. 315.* 16.2 A Warrant for relief of a Man-Seruant that is out of Service, 43 Eliz. 2.

To the Constables, &c.

FOrasmuch as Complaint is made unto me by A. B. that he being law∣fully retained in the Service of C. D. of your Town of E. Yeoman,* 17.1 at Lady-day was twelve month, and being discharged his Service at Lady-day last, hath been at the Statute-Sessions (supra 30.) and cannot find himself a Service, and being destitute of means whereby to relieve himself; These are therefore in his Majesties Name streightly to charge and command you, and every of you, that presently upon the receipt hereof you do receive the said A. B. into your Town, and see him set on work and provided for according to the Statute in that case made and provided. Hereof fail not, &c.

LXXXV. West. Symb. 2 part 130. sect 205.* 17.2 An Indictment against a Ser∣vant stealing 10 l. &c. Lamb. Preced. 10. pl. 28. see 21 H. 8. cap. 7. & 5 Eliz. cap. 10.

Juratores pro Domino Rege super sacramentum suum presentant,* 17.3 qurd cum A. B. de C. in Com' E. predict' Mercer, 20 die Sept. Anno regni, &c. in domo mansionali ipsius A. B. apud C. predict' in Com' E. predict' deliberasset cuidem E. F. de C. predict' in dicto Comitat' E. Mercer, tunc servienti ipsius A. B. pro uno anno integro retento, ac etatis novemdecem annorum existenti, decem libras

in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. eosdem salvo custodiret ad usum predict' A. B. tunc Magistri sui, idem E. F. dicto 20 die Sept. Anno supradicto (Apprenticius dicti A. B. tunc non existent') apud C. predict' in Com' E. predict' à dicto Magistro una cum predict' 10 li∣bris dicti A. B. tunc Magistri sui maliciose & felonice discessit, abiit & aufugit, ea intentione ad furand' dict' 10 libras, contra fiduciam in eo per prefat' A. B. tunc Magistrum suum reposit' & collocat', & ad inde dicum A. B. Magistrum suum predict' defraudand', contra pacem dicti Domini Regis nunc, ac contra form' diversorum Statutorum hujus regni Angl. in hujusmodi casu provisorum & editorum.

* 17.4LXXXVI. West. Symb. 2 part 130. b. sect. 207. An Indictment upon 21 H. 8. cap. 7. &c. 5 Eliz. cap. 10. supra 32.

* 17.5Juratores pro Domino Rege super sacramentum suum presentant, quod cum per quendam Actum in Parliament' Domini Henrici nuper Regis Angliae 8. apud Westm. in Com' Middlesex, Anno regni sui 21. tent' edit' per dictum Dominum Regem, cum assensu Dominorum Spiritualium & Temporalium, ac Communitatis in eodem Parliament' congregat', necnon authoritate ejusd' inter alia ad tunc ibidem inactitat' existit, quod si aliquis servus cui ejusdem Magister vel Magistra liberat' aliqua bona valoris 40 s. custodiend' discessere cum bonis illis cum intentione ad furand' vel retrahendend' eadem foret feloniae prout per eundem Actum plene liquet.

Qui quidem Actus postea per quendam alium Actum in Parliament' Dominae Mariae nuper Reginae Angl. apud Westm. predict' Anno regni sui primo tent' edit' fuit repellat & annihilat.

Ac postea per quendam alium Actum in Parliament' Dominae Elizab' nuper Reginae Angl. apud Westm. predict' Anno regni sui 5. tent' edit' revivat' & adhuc in vigore existit.

Ac etiam cum C. P. Armig' secundo die Sept. Anno regni Domini Regis nunc, &c. apud G. in Com' M, predict' liberasset I. G. nuper de E. in Com' M. predict' Husbandman, (ad tunc servienti suo & non Apprenticio existent', & ultra etat' 18. annorum) quoddam Brachiale Auri, Anglice a Bracelet of Gold, valoris 18 l. &c. de bonis & catallis predict' C. pro eodem C. salvo custodiend', predictus tamen I. G. Statut' predict' minime ponderans, nec pe∣nam in eodem content' verens apud G. predict' in dicto Com' M. eodem 2. die Sept. Anno, &c. supradict' à prefato C. ad tunc Magistro suo seipsum retraxit & cum Brachiale predict' felonice discessit, ea intentione ad furand' Brachiale predict' ad defraudand' predict' C. Magistrum suum de Brachiali predict' con∣tra fiduciam & confidentiam eodem I. per predict' C. Magistrum suum re∣posit', ac contra form' Statuti predicti inter caeteros Articulos quorum, &c. Crompt. J. P. 267. pl. 105.

* 17.6LXXXVII. West. Symb. 2 part 136. sect. 231. An Indictment for using more Arts then one, on 37 Ed. 3. cap. 6. Quaere if repealed by 5 Eliz. 4. §. 2. N. 1. Pract. Preced. 60.

* 17.7Inquiratur pro Domino Rege (quod cum in Statut' in Parliament' Domini Edwardi nuprr Regis Angl. 3. post conquestum, Anno regni sui 37. tent') inter caetera ordinat' sit & statut', quod Artificiarii & Gentes occupationem habentes, & quilibet eorum ad suam Artem seu occupationem se teneat, & quod nullus exeoceat aliam Artem seu occupationem nisi tantum eam quam elegit, & si aliquis in contrarium fecerit per Imprisonament' corporis sui per spacium dimid' anni puniatur, & ulterius finem & redemptionem Domino Regi faciat, prout in eodem Statut' plenius continetur.

Or thus Si A. B. de C. in Com' N. Baker, alias dict' A. B. in Com' N. predict' Milner, Statut' predict' minime ponderans, nec penam in eodem Statut' con∣tent' verens, à secundo die Julii Anno regni, &c. usque quartum diem Aprilis Anno, &c. tam Artem Molendinarii quam Artis Pistoris Panis humani apud C. predict' continue exercebat, in dicti Domini Regis contempt', & con∣tra form' Statut' predict'.

LXXXVIII. West. Symb. 2 part 140 b. sect. 251.* 17.8 An Indictment on 5 Eliz. 4. §. 31. N. for using Trade not being Apprentice.

Juratores pro Domino Rege super sacramentum suum presentant,* 17.9 quod cum in Parliament' Dominae Eliz. nuper Reginae Angl. tent' apud Westm. in Com' Midd. 8 die Maii Anno regni sui 5. inter alia stabilitat' fuit, quod post pri∣mum diem Maii tunc proximum sequent' non liceat alicui personae sive personis erigere, occupare, uti vel exercere aliquam Artem, Mysterium sive occupationem ad tunc usitat' vel occupat' infra regnum Angliae vel Walliae, si non educat' in eadem tanquam Apprenticium per spacium septem annorum ad minus, nec alicui personae opus tradere in hujusmodi Mysterio, Arte sive occupatione, si non eadem persona fuit Apprenticius aut tunc fuit exercit' in Mysterio predict' tan∣quam Apprenticius ut predictem est, sub pena quod quilibet persona voluntarie offendens vel contrarium faciens, forisfaciat pro qualibet tali defalt' 40 s. pro quolibet mense, prout in Statut' predict' plenius liquet & apparet.

Quidam tamen I. S. Statut' predict' ac penam in eodem content' minime verens sive ponderans, non existent' Apprenticius per spacium septem annorum, nec exercit' in Arte de, &c. 1 die Julii Anno, &c. & continue usque diem captio∣nis hujus Inquisitionis, scil. per quatuor menses apud A. in Com' E. predict' occu∣pavit & exercuit Artem, Mysterium sive occupationem de, &c. in dicti Domini Regis contempt', & contra form' Statut' predict'.

LXXXIX. West. Symb. 2 part 143. sect. 269.* 17.10 An Indictment for procu∣ring a Servant to depart, Prac. Preced. 63.

Juratores pro Domino Rege super sacramentum suum presentant,* 17.11 quod W. M. de N. in Com' E. Yeoman, die, anno & loco, &c. procuravit & exhortavit I. C. servient' R. S. in servitio suo ibidem existent' abire ab eodem servitio, cujus quidem procurationis pretextu idem I. C. à servitio R. S. tunc & ibidem recessit, & quod idem W. M. est communis procurator servientium diversorum ligeorum Domini Regis, ita quod ligei Domini Regis de ejusmodi servient' ad negotia sua perimplend' multipliciter gravat' existunt, in dicti Domini Regis contempt', & quamplurimum ligeorum Domini Regis deteriorationem manifestam.

Arraignment,

see Coron.

Arrest,

see Imprisonment & Process.

Archery,

see Games & War.

Armour & Arms,

see War.

Artificer,

see Apprentice.

Assault,

see Affray.

Assemblies,

see Riot.

Assize,

see Measures.

Assistance,

see Force.

Attachment,

see Imprisonment.

Attainder.

Conviction, Judgment.

I. DAlt. 293. cap. 110. By 1 Rich. 3. 3. §. 1. N. 4. no Sheriff,* 17.12 Under-Sheriff nor Escheator, Bailiff of Franchise, nor any other person, take or seize the Goods of any person Arrested or Imprisoned for suspicion of Felony, before, &c. he be convicted or attainted of such Felony accor∣ding to the Law, or else the same Goods otherwise lawfully forfeited: which seemeth to be but a confirmation of the Common Law, saith Mr. Stamford, 193. since that it giveth the party grieved a more ample re∣compence, &c. Poult. de Pace, 234.

* 17.13II. Dalt. 294. cap. 110. and by divers Statutes you shall find, that an offender may be convicted out of Court, either upon view of the Record of the Justices of Peace, or by confession of the offender, or upon exa∣mination of witnesses before one or two Justices of the Peace. Dalt. cap. 66.

* 17.14III. By 34 & 35 H. 8. 14. §. 2. N. 1. the Clerks of the Crown, Clerks of the Peace, and Clerks of Assize, where any such Attainder, &c. (viz. of Felony, &c.) shall be had, shall, &c. not only certifie a transcript briefly and in few words, containing rhe tenor and effect of every such, &c. conviction and Clerk attainted before them, so to be had, &c. viz. the Name, Surname, and addition of every person so, &c. convicted, or Clerk attainted, &c. shall be made and done before the King in his Bench at Westminster, in the County of Middlesex, there to remain of Record for ever, &c. but shall also deliver a transcript, &c. to the Ordinary, &c.

* 17.15IV. 9 Co. 119. in Sur Zanchars Ca. these word, while the Appellee is at∣taint, in 3 Ed. 1. W. 1. cap. 14. §. 1. N. 2. (viz. that appeal shall not be in∣termit against the Accessory) is intend of all manner of Attainders at the Kings Suit, or of the party, and upon appearance and default; and in the same Act after provision is made for the Appeal of the party, which proves it shall be taken in that several sense.

Authority,

see Jurisdiction.

Averment.

Suggestion, Proof, Action.

* 17.16I. LAmb. 4. cap. 6. pag. 501. Albeit the Chancery will sometimes both take knowledge, and also award Process upon an Information by word, in the behalf of the Prince, 1 Ed. 5. 6. & 39 H. 6. 41. surmise Br. 3. yet I think that before Justices of Peace these Suggestions and Informations both, be they by word or writing, are but of the force to stir up the Justices to recommend the Cause to the Enquest, and not to award any Pro∣cess upon them, unless it be in certain Cases where that validity is specially given them by the Statutes.

Bail.

Recognizance, Bailment, Surety, Caution, Mainprise, Pledges, Replevin, Imprisonment, Hab. Corp.

* 17.17I. 3 Ed. 1. W. 1. cap. 15. §. 1. N. 2. And forasmuch as before this time it was not determined which persons were Replevisable, and which not, but only those that were taken for the death of man, or by commandment of the King, or of his Justices, or for the Forest.

* 17.18II. 3 Ed. 1. W. 1. cap. 15. §. 1. N. 3. It is provided, &c. that such Priso∣ners as before were Outlawed, and they which have abjured the Realm, Provers, and such as be taken with the Mannor, and those which have bro∣ken the Kings Prison, Thieves openly defamed and known, and such as be appealed by Provers, so long as the Provers be living, if they be not of good name; and such as be taken for House-burning feloniously done, or for false Money, or for counterfeiting the Kings Seal, or persons Excom∣municate raken at the request of the Bishop, or for manifest offences, or for Treason touching the King himself, shall be in no wise Replevisable by the common Writ, nor without Writ.

III. By 27 Ed. 1. 3. §. 1. N. 4. (For the more assured conservation of the Peace, &c. that Justices assigned in every County to take Assizes,* 17.19 where they do take Assizes, as they be appointed incontinent after the Assizes, &c.) shall enquire if Sheriffs or any other have let out by Replevin, Pri∣soners not Replevisable, or offended against 3 Ed. 1. 15. &c.

IV. 18 Ed. 2. pag. 84. §. 32. N. 1.* 17.20 The Frankpledge shall enquire of persons Imprisoned, and let go without Mainprise.

V. 23 H. 6. 10. §. 1. N. 6. (viz. Sheriffs,* 17.21 &c. shall on oblig' deliver all persons imprisoned, &c.) such, &c. which be or shall be in their ward by Condemnation, Execution, Capias Vtlagatum or Excommunicatum, Surety of the Peace, and all such persons which be or shall be committed to ward by special commandment of any Justices, and Vagabonds refusing to serve according to the form of the Statute of Labourers, (viz. 23 Ed. 3. 2. &c.) only excepted, 4 Ed. 3. 2. §. 1. N. 4.

VI. 1 Rich. 3. 3. §. 1. N. 2. That every Justice of Peace in every Shire,* 17.22 City or Town, shall have Authority by his or their discretion, to let such Prisoners and persons so arrested (viz. on suspicion of Felony) ro Bail or Mainprise, in like form as though the same Prisoners or persons were In∣dicted thereof of Record, before the same Justices in their Sessions, 34 Ed. 3. 1. §. 1. N. 6. 3 H. 7. 3. §. 1. N. 7.

VII. 1 R. 3. 3. §. 1. N. 3.* 17.23 And that Justices of Peace have authority to enquire in their Sessions, of all manner Escapes of every person arrested and imprisoned for Felony.

VIII. 3 H. 7. 3. §. 1. N. 3. That the Justices of Peace in every Shire,* 17.24 City and Town, or two of them at the least, whereof one to be of the Quo∣rum, have authority and power to let any such Prisoners, or persons Main∣prisable by the Law, that have been imprisoned within their several Coun∣ties, City or Town, to Bail or Mainprise unto their next General Sessions, or unto the next Goal-delivery of the same Goals in every Shire, City or Town, as well within Franchise as without, where any Goals been or here∣after shall be.

IX. 3 H. 7. 3. §. 1. N. 4. And that the said Justices of the Peace,* 17.25 or one of them, so taking any such Bail or Mainprise, do certifie the same at the next General Sessions of the Peace, or the next General Goal-delivery of any such Goal within every such County, City or Town, next following after any such Bail or Mainprise so taken, on pain of 10 l. for every default recorded, 1 & 2 Phil. & Mar. 13. §. 3. N. 2.

X. 3 H. 7. 3. §. 1. N. 7. And that the aforesaid Act (viz. 1 R. 3. 3.* 17.26 §. 1. N. 2.) giving authority and power in the premisses to any Justice of the Peace by himself, be in that behalf utterly void and of none effect, &c.

XI. 1 & 2 Phil. & Mar. 13. §. 2. N. 1. That,* 17.27 &c. no Justice or Justices of the Peace shall let to Bail or Mainprise, any such person or persons which for any offence, &c. be declared not to be replevised or bailed, or be for∣binden to be replevised or bailed, by 3 Ed. 1. W. 1. cap. 15.

XII. 1 & 2 Phil. & Mar. 13. §. 3. N. 1. And furthermore that any,* 17.28 &c. arrested for Man-slaughter or Felony, or suspicion, &c. being bailable by the Law, shall not, &c. be let to Bail or Mainprise by any Justices of Peace, if it be not in open Sessions, except it be by two Justices of the Peace at the least, whereof one to be of the Quorum, and the same Justices to be present together at the time of the said Bailment or Mainprise, Lamb. 339. Crompt. 156 b. 157. infra.

XIII. 1 & 2 Phil. & Mar. 13. §. 3. N. 2. Which Bailment or Mainprise they shall certifie in writing, subscribed or signed with their own hands,* 17.29 at the next general Goal-delivery to be holden within the County where the said person, &c. shall be arrested or suspected, 3 H. 7. 3. §. 1. N. 4.

* 17.30XIV. 1 & 2 Phil. & Mar. 13. §. 4. N. 1. And that the said Justices, or one of them being of the Quorum, when any such Prisoner is brought before them for any Man-slaughter or Felony, before any Bailment or Mainprise, 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 prove the Felony, shall put in writing, before they make the same Bailment.

* 17.31XV. 1 & 2 Phil. & Mar. 13. §. 4. N. 2. Which said Examination, toge∣ther with the said Bailment, the said Justices shall certifie at the next general Goal-delivery to be holden within the limits of their Commission.

* 17.32XVI. 1 & 2 Phil. & Mar. 13. §. 6. N. 1. Provided, &c. and be it fur∣ther Enacted, &c. that Justices of Peace and Coroners within the City of London, and County of Middlesex, and in other Cities, Boroughs, and Towns Corporate within this Realm and Wales, shall within their several Jurisdictions have authority to let to Bail Felons and Prisoners, in such manner and form as they have been heretofore accustomed, this Act, &c. notwithstanding.

* 17.33XVII. Lamb. 3. cap. 2. pag. 338, 339. It seemeth that Justices of the Peace might (after the Statute 34 Ed. 3. 1. §. 1. N. 6. that made them com∣pleat Judges) have letten to Bail such persons as were Indicted of Felony before them in their Sessions, even as the Justices of the Kings Bench used to do; but not such as were arrested for suspicion of Felony, and not In∣dicted thereof before them, because before the Indictment they were no Judges over them: and for help herein 1 R. 3. 3. §. 1. N. 2. was ordained, but that Law begat some inconvenience, and therefore it was soon after repealed by 3 H. 7. 3. §. 1. N. 7. And here again there sprung up another inconvenience, for then Justices of Peace would not stick to borrow one anothers Name, (as many yet still do) and by that means defraud the good meaning of the Statute; whereupon it was lastly provided against by 1 & 2 Phil. & Mar. 13. §. 3. N. 1. Crompt. 156 b. 157 a. infra 33.

* 17.34XVIII. Lamb. 340. recited 1 & 2 Phil. & Mar. 13. Because it both comprehendeth some such other things as must concur with the Bailment of the Prisoner, and also provoketh to set down what persons are Bailable, &c.

* 17.35XIX. Lamb. 342. Both these last Statutes (3 Ed. 1. W. 1. cap. 15. & 23 H. 6. cap. 10.) as appeareth were at the first made to give a Rule unto Sheriffs and other Officers, as well for the letting to Bail, as for the retain∣ing of their Prisoners: but as 3 Ed. 1. 15. is by the express letter of 1 & 2 Phil. & Mar. 13. §. 2. N. 1. set forth as a Line whereby the Justices of Peace are to guide themselves, so it seemeth to me that they ought to have an eye to the other Statute also, (viz. 23 H. 6. 10. §. 1. N. 6.) forasmuch as certain other persons be therein also mentioned not to be Bailable by Law, and so within the reach of the very words of 1 & 2 Phil. & Mar. 13. §. 3. N. 1.

* 17.36XX. Lamb. 342. That 1 & 2 Phil. & Mar. 13. §. 3. N. 1. seemeth to distinguish these words, death of a man, in 3 Ed. 1. 15. §, 1. N. 2. and in this place to restrain them to Murder only; saving that 1 & 2 Phil. & Mar. 13. §. 3. N. 1. admitteth that for some death or Man-slaughter, the slayer may be lawfully Bailed; which also is the common practice in that behalf.

* 17.37XXI. Lamb. 342. ibid. We learn also that he which within the year is acquitted of Murder or Man-slaughter at the Kings Suit, must be remitted to Prison, or let to Mainprise till the end of the year, and the party grieved may in the mean time commence his Appeal, 3 H. 7. 1. §. 1. N. 15.

* 17.38XXII. Lamb. 3. cap. 2. pag. 343. It seemeth moreover that he which is Indicted of Felony, is not Bailable, 41 Ass. 30. nor he which confesseth

the Felony whereof he is accused; for the Statute 3 Ed. 1. 15. §. 1. N. 4. meaneth to exclude the one, when it saith, that he which is Indicted of Pety-Larceny may be Bailed; the other, 3 Ed. 1. 15. §. 1. N. 3. when it denieth Bail to a Prover, who must begin with confession of his own fault, before he may be admitted to burthen another man.

XXIII. Lamb. 343. ibid. And if a man be taken upon Process of Re∣bellion issuing out of the Chancery or Star-Chamber,* 17.39 those Justices of Peace may well be thought void of discretion, that shall take upon them to Bail him, 23 H. 6. 10. §. 1. N. 6. Crompt. 152 b. §. 2. Dalt. 312.

XXIV. Lamb. 343. ibid.* 17.40 Further me thinketh that I may set down this as a Rule, even at the Common Law, concerning Bailments, That the Ju∣stices of Peace cannot meddle with the Bailment of any Prisoner, except he be Prisoner for such a cause whereof the Justices of Peace be competent Judges; which also was the cause that one Justice of the Peace could not by force of the Commission only, have bail'd suspects of Felony, before that they were Indict thereof, &c. for out of Sessions and before Indictment they were no Judges of such a matter.

XXV. Lamb. 343, 344. And on the other side it seemeth,* 17.41 that two Ju∣stices of the Peace, the one of them being of the Quorum, may out of the Sessions Bail such as come into Prison by the Process of the Sessions, made upon penal Laws not forbidding Bail; because two such Justices be com∣petent Judges of all those matters, insomuch as they may hear and deter∣mine them.

XXVI. Lamb. 344. This I will say for all, that it becometh Justices of the Peace to be very circumspect in granting Bail,* 17.42 both for fear of wrong by denying it to him that is Replevisable, and for fear of danger to the Service it self by giving it where it is not grantable: and therefore I ad∣vise them to consider first, whether the power of Bail, when it is required, be not taken from them by some of those former Statutes recited; and then whether that particular Statute it self, against which the Prisoner is charged to offend, do not specially prohibit the Bail.

XXVII. Crompt. 152 b. §. 3. Nota, in all cases where the Statute speaks that a man shall be imprisoned at the Kings will,* 17.43 the Prisoner cannot be en∣larged or let to Mainprise, until the King sends his pleasure concerning him, Stamf. 77. who voucheth 24 Ed. 3. 33. the Case of one Forget, who went Arm'd in the Palace at Westm. against 2 Ed. 3. 4.

XXVIII. Crompt. 157 a. b He that is taken by commandment of the Kings Justices, shall not be put to Mainprise by 3 Ed. 1. 15. §. 1. N. 2.* 17.44 and this is intend by their absolute commandment, as if he commands one to Prison without shewing cause why he so commanded him, either for a misdemeanour done before him, or for such a thing that lyeth in discretion of the Justice, more then in his ordinary power, Stamf. 72 b. 73 a.

XXIX. Crompt. 160. §. 30.* 17.45 When a Statute saith the offender shall be Fined at the Kings will, this is to be intended that the Justices before whom the offence is examined, shall assess the Fine by their discretions; for the King speaks and shews his pleasure by the mouth of his Justices.

XXX. Crompt. 153. §. 8.* 17.46 If Error appears of Record before Justices of the Peace, in a thing for which a man is in Execution before them, they ought to let him by Mainprise to sue a Writ of Error in another Court: as where a man is in Execution upon an erroneous Recovery apparent of Record in Banco, they ought to let him to Mainprise to sue a Writ of Error in B. R. but not for Error in fact, 33 H. 6. 22.

XXXI. Crompt. 153. §. 10.* 17.47 Though the Justice of Peace commits one to the Goal for certain causes shewed in the Mittimus without Bail or Main∣prise, yet he may be bail'd, if he be bailable: But if he be committed with∣out Bail or Mainprise, and without shewing cause why he is committed in

the Mittimus, then another Justice of Peace doth not do well to Bail him, without making him that committed him privy; for he may be committed for cause that is not bailable.

* 17.48XXXII. Crompt. 153. §. 11. The Justice of Peace who commits any to the Goal by reason of his Office, ought to shew the cause in his Mittimus, to the intent that it may appear whether he be bailable or not.

* 17.49XXXIII. Crompt. 156 b. 157 a. Nota, that when he that is taken for Fe∣lony, shall be bail'd by the Justices of Peace before commitment, he must be examin'd and bail'd by two Justices of the Peace, who shall be together at the time of the Examination and Bailment, 1 & 2 Phil. & Mar. 13. §. 3. N. 1. and Lamb. 339. supra 17. but where he is examined and committed, he may be Bail'd by one Justice: Hoc Nota. See 2 & 3 Phil. & Mar. 10. §. 2. N. 2.

* 17.50XXXIV. Pasch. 21 H. 7. 20 b. pl. 3. in Mainprise, Br. 44. Nota per Fineux Ch. J. that wherever any one is Bail'd for suspicion of Felony until a certain day, and this on pain to forfeit a certain sum of money, at which day the party suspected cometh not, in this case the party suspected shall forfeit a hundred shillings; and if he were Indict of Felony, and so Bail'd unto a certain day wherein he appears not, he shall forfeit ten pounds to our Lord the King, quod Nota. And note, that the pledges themselves who so Bail'd him, are obliged for his appearance, viz. corpus pro corpore, and besides that in a certain sum of money to be forfeited to the King, unless he appear: but where a man comes in, viz. by Cepi corpus in a Writ of Tres∣pass, and is Bail'd, his pledges are bound corpus pro corpore without any other sum; and in that case if he for whose appearance by a day they are obliged by Recognizance, do not come at the day limited, then the pledges at the discretion of the Judges shall be amerced; so note the diversity, &c. Crompt. 157.

* 17.51XXXV. Crompt. 153. §. 13. The Justices of Peace may discharge Main∣pernors on their prayer, and commit the party to prison.

* 17.52XXXVI. Crompt. 157. A man is Bail for one suspected of Felony in 40 l. to appear at the Assizes, and after he fears that the other will flee away; it seemeth that he may take him and bring him before the Justice, and thereupon he may commit him to the Goal, if he doth not find other Sureties to appear, and thereupon he may be discharg'd of his Recogni∣zance that first Bail'd him, 50 Ed. 3. 11. & 5 Ed. 4. 31. N. B. B. 117. Dalt. 306. cap. 114.

* 17.53XXXVII. Dalt. 307. cap. 114. So if a Prisoner be Bail'd by insufficient persons, the Justices of Peace ex officio may cause him to find better Sure∣ties, and may commit him as it seemeth till he shall so do; for 3 Ed. 1. W. 1. cap. 15. requireth that such as be Bailed, be let out by sufficient Surety. Mainprise Br. 2. Pledges Br: 1. & 10. Co. 101. Dalt. 174. cap. 70.

* 17.54XXXVIII. Dalt. 306, 307. And therefore, although the number of such Sureties, their sufficiency, and the sum wherein they shall be bound, resteth in some sort in the discretion of the Justice; yet it is safe for them to take Sureties at the least, and those to be Subsidy-men, and to be bound in good sums, especially if the Prisoner be in for Felony, or suspicion thereof; for the more, and the more able the Sureties are, the rather they will cause him that is bailed to appear. And again, for want of taking sufficient Bail, the Justices of Peace are finable. And at Cambridge Assizes, Anno 1613. Judge Warberton threatned to have set 40 l. Fine upon two Justices of Peace who had bailed a Prisoner that was committed for suspicion of Fe∣lony, and appeared not, for that the Sureties were not Subsidy-men. Quere, If the Justices of Peace may not examine upon their Oaths the Sureties, con∣cerning their sufficiency, or whether they be Subsidy-men?

* 17.55XXXIX. Dalt. 275. cap. 106. If the Justice of Peace, &c. shall bail one

who is not bailable, this is an escape. Fitz. 4. Coron 246. (viz. a negligent escape.) If it be in ignorance, Cromp. 39. §. 7.

XL. Dalt. 306. cap. 114. If any Justices of Peace do let to Bail or Main∣prise any person who, for any Offence by him committed,* 17.56 is declared not to be bailable, or forbidden to be bailed, by 3 Ed. 1. 15. the said Justices of Peace so offending shall pay such Fines as shall be assessed by the Justices of Gaol-delivery where the Offence shall be committed. Query, If the Bond be void, as 37 H. 6. 1. per Moyl.

XLI. Dalt. 307. cap. 114. I have seen a Report of a Case,* 17.57 Trin. 37 Eliz. That upon an Assembly of all the Judges and Barons at Serjeant-Inn, it was resolved and agreed by them to be put in ure in their Circuits, That if a Justice of Peace should commit a man to the Gaol for Felony, for which by Law he is not bailable, but by his Mittimus he commits him gene∣rally, not shewing any cause; If other Justices of the Peace shall bail him, not knowing of the matter, &c. they shall be fined for the same; for they at their perils ought to inform themselves of the matter before they bail him.

XLII. Dalt. 310. cap. 114. If a Prisoner,* 17.58 after he hath pleaded not Guilty, be attaint by Verdict that he killed a man se defendendo, or by mis∣fortune, yet he shall not be bailed by the Justice of Peace. Quere, Stamf. 74. Coron 297, 354.

XLIII. Dalt. 311. If a man be Accessary to two, and the one Principal is attainted, though the other be not, yet the Accessary shall not be bailed,* 17.59 Stamf. 71. Coron 200.

XLIV. Dalt. 311. cap. 114.* 17.60 If any person be committed to Prison by Process from the Sessions made upon an Indictment upon any penal Statute not prohibiting Bail, he may be bailed out of the Sessions by two Justices of the Peace, one being of the Quorum; or he may have a Warrant out of the Chancery, directed to the Justices of the Peace, or to the Sheriff, to take Surety of him for his appearance before the Justices at their Ses∣sions, &c. or he may have a Certiorari to remove the Record in B. R. and a Habeas Corpus to remove the Body thither also. F. N. B. 250, 251.

XLV. Lamb. 347. That persons are not bailable on 5 Rich. 2. 2. §. 1.* 17.61 N. 10. commit for a whole year without Redemption for transporting Gold or Silver without License.

2 H. 5. 8. §. 2. N. 2. Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at least,* 17.62 without being let out of Prison by Bail, Mainprise, or in any manner, during the year.

9 H. 5. 8. 2. cap. 8. §. 1. N. 2. And Justices may hold falsifiers of Weights in Prison without Mainprise, till they be acquit or attaint.* 17.63

8 H. 6. 4. §. 1. N. 11 Wearing Liveries for maintenance shall have a whole years Imprisonment, without being let to Bail or Mainprise.* 17.64

22 H. 8. 5. §. 4. N. 8.* 17.65 Collector for Bridges refusing to accompt at Session, to be committed without Bail or Mainprise, till account made.

23 H. 8. 2. §. 2. N. 7. upon appearance of Collectors for Goods,* 17.66 six Justi∣ces to commit without Bail or Mainprise, till Account and Payment, &c.

27 H. 8. 20. §. 1. N. 6. Two Justices of the Peace, Quorum unus,* 17.67 may commit without Bail or Mainprise, till sufficient Surety by Recogni∣zance, &c. to pay Tythes, &c.

32 H. 8. 7. §. 4. N. 1. Two Justices, Quorum unus,* 17.68 on Information of Ordinary, &c. to commit to next Gaol till Sureties, by Recognizance, or otherwise, before the same Justices, to obey Sentence of Ordinary for Tythes, &c.

33 H. 8. 9. §. 9. N. 2. Alien Exporting long Bowes, &c.* 17.69 Imprison with∣out Bail or Mainprise, until Fine before two Justices in their Sessions.

2 & 3 Ed. 6. 2. §. 3. N. 1.* 17.70 Souldier selling or putting away Horse or

Harness, Imprisonment without Bail or Mainprise, until satisfaction to the Owner.

* 17.715 & 6 Ed. 6. 25. §. 4. N. 1. Seller of Ale without License, com∣mit by two Justices, Quorum unus, without Bail or Mainprise, for three days.

* 17.72Cap. 14. §. 4. N. 1. Forestaller, &c. convict, for the first Offence Im∣prison two months, without Bail or Mainprise.

* 17.731 Mar. 1 St. 2. cap. 12. §. 5. N. 1. Above two unlawfully assembled to throw down Pales, Hedges, &c. Imprison a year without Bail or Mainprise.

* 17.741 & 2 Ph. & Mar. 5. §. 4. N. 1. Transporting Corn without license Imprison a whole year without Bail or Mainprise.

* 17.754 & 5 Ph. & Mar. 3. §. 5. N. 3. Justices before whom party is convict for false Musters, &c. Imprison without Bail or Mainprise, until payment of the Forfeiture.

* 17.761 Mar. 1 St. 2. cap. 2. §. 6. N. 3. Not recanting at next Sessions distur∣bance of Preacher, &c. commit without Bail or Mainprise, till reconcile.

* 17.771 Eliz. 2. §. 4. N. 6. Depraver of Common Prayer, Imprison for six months without Bail or Mainprise.

* 17.785 Eliz. 4. §. 9. N. 1. Taking Wages contrary to Stat. imprison twenty days without Bail or Mainprise.

* 17.79Cap. 5. Eating Flesh on Fish-days, forfeit 3 l. or close imprisonment three months without Bail or Mainprise.

* 17.80Cap. 14. §. 3. N. 7. Imprisonment a year, &c. without Bail or Mainprise for Forgery.

* 17.81Cap. 15. §. 2. N. 3. Convicted for false Prophesies, imprison a year with∣out Bail or Mainprise.

* 17.82Cap. 21 §. 2. N. 6. After three months imprison for taking Deer, Fish, or Hawks, imprison without Bail or Mainprise until Sureties of Good beha∣viour 7 years, and never to offend again.

* 17.838 Eliz. 3. §. 2. N. 1. Transporting Sheep, imprison one year without Bail or Mainprise.

* 17.8413 Eliz. 21. §. 1. N. 9. Imprisonment of Purveyor within five miles of University, as 2 & 3 Phil. & Mar. 15. §. 2. N. 3. viz. for three months with∣out Bail or Mainprise.

* 17.8518 Eliz. 3. §. 2. N. 5. Reputed Father or Mother of Bastard, perform not order of Justices, &c. to be commit without Bail or Mainprise; except he or she put in sufficient Surety to appear next Sessions, &c.

* 17.8623 Eliz. 1. §. 7. N. 2. Schoolmaster without License, imprison one year without Bail or Mainprise.

* 17.8735 Eliz. 1. §. 1. N. 4. Present or joyning in Conventicle, &c. convicted, commit without Bail or Mainprise until Conformity.

* 17.8839 Eliz. 11. §. 2. N. 3. Refusing to be bound to Sessions to discover Log∣wood, to be commit to the next Goal till bound with Sureties, &c.

* 17.89Cap. 16. §. 1. N. 3. Disobeying Justices order of suppressing Musters, commit without Bail or Mainprise for three days, and till Recogn. of 40 l. to perform order.

* 17.9043 Eliz. 2. §. 4. N. 2. For want of distress, commit by two Justices with∣out Bail or Mainprise, until payment of Tax to the Poor.

* 17.911 Jac. 27. §. 2. N. 4. Unlawful destroyer of Pheasant, Hares, &c. Par∣tridge, Pidgeon, &c. committed for three months without Bail or Mainprise, unless offender pay 20 s. &c.

* 17.92Cap. 31. §. 3. N. 1. On default of Goods, to be commit without Bail or Mainprise until satisfaction of Tax to Poor inflicted.

* 17.933 Jac. 4. §. 14. N. 2. Two Justices on refusal of Oath of Allegiance, may commit without Bail or Mainprise until the next Assize or Quarter-Sessions.

Cap. 21. §. 2. N. 3. Unlawful hunting Deer, or stealing Conies,* 17.94 unless Sureties of Good behaviour for seven years be found, to continue in prison without Bail or Mainprise until finding, &c.

7 Jac. 11. §. 8. N. 4. Unlawful taker of Partridge, &c. with Nets,* 17.95 &c. imprison three months without Bail or Mainprise, unless he pay 20 s. &c.

21 Jac. 8 §. 7. N. 2.* 17.96 Party Indict to become bound with Sureties in ten pounds in open Sessions to prosecute, before allowance of Certiorari, &c.

Cap. 26. §. 2. N. 1. Recognizance or Bail in anothers name, Felony.* 17.97

XLVI. Lamb. 3. cap. 2. pag. 348. The form of Bailment.* 17.98

Memorand' quod 20 die mensis Julii, Anno regni Dom' nostri Jacobi,* 18.1 &c. venerunt coram nobis T. R. & H. L. duorum Justiciar', &c. assignatorum apud H. in Com' predict', A. B. & C. D. de E. in dicto Com' Yeomen, & ceperunt in Ballium usque ad proximam Goalae deliberationem in dicto Com' tenend', quendam F. G. &c. Labourer, captum & detentum in prisona pro suspicione cujusdam feloniae, &c. & assumpserunt super se scilicet quilibet predict' A. B. & C. D. sub pena 20 l. bonae & legalis monetae Angliae, & predict' F. G. assumpsit pro seipso sub pena 40 l. similis monetae, de bonis & catallis, terris & tenementis eorum quorumlibet & cujuslibet eorum, ad opus dicti Domini Regis, haeredum & successorum suorum levand', si prefat' F. G. ad eandem proximam Goalae deliberationem personaliter non comparebit coram Justiciariis dicti Domini Regis ad dictam Goalam deliberand' assignatis ad standum recto de felonia predict', & ad respondend dict' Domino Regi tunc & ibidem de & super omnibus quae illi objicientur.

Datum sub sigillis nostris die & anno pri∣mum supradict'.

Dalt. 387, 388. cap. 127.

XLVII. Lamb. 348, 349. The Liberate.* 18.2 I. B. and T. L. two of the Justices of, &c.

To the Keeper of his Majesties Goal in M. &c. Greeting.

FOrasmuch as F. G. &c. Labourer, hath before us found sufficient Main∣prise to appear before the Justices of the Goal-delivery,* 19.1 at the next general Goal-delivery to be holden in the said County, there to Answer to such things as shall be then on the behalf of our said Soveraign Lord ob∣jected against him; and namely, to the Felonious taking of two Sheep, (for the suspicion whereof he was taken and committed to your said Goal) we command you on the behalf of our said Soveraign Lord, that if the said F. G. doth remain in your Goal for the said cause, and for none other, that you forbear to grieve or detain him any longer, but that you deliver him thence and suffer him to go at large, and that upon the pain that will fall thereon.

Given under our Seals this 20 of July, &c.

Dalt. 389. cap. 127. Crompt. 238 b. 239.

XLVIII. 4 Ed. 3. 2. §. 1. N. 4.* 19.2 Such as shall be indicted or taken by the Keepers of the Peace, shall not be let to Mainprise by the Sheriff, nor by none other Ministers, if they be not Mainpernable by the Law, Lamb. 21. 23 H. 6. 16. §. 1. N. 6.

XLIX. Kilb. Preced. 2 Edit. 28. Recognizance of Bail.* 19.3

Kanc' ss.

Memorand' quod 1 die Maii Anno regni, &c. A. B. de &c. perso∣naliter venit coram me C. D. uno Justiciar' dicti Domini Regis ad pacem suam in Com' suo predict' conservand' assignat', & recognovit se debere eidem Domino Regi 10 l. legalis monetae Angliae, de bonis & catallis, terris & te∣nementis suis fieri & levari, ad opus & usum dicti Domini Regis, haered' & successorum suorum, si defalt' fieret in performatione conditionis indorsat'.

(Anno Dom. not necessary.)

2.

Kanc' ss.

Memorand' quod 5 die Octob. Anno regni,* 21.1 &c. A. B. de &c. G. H. de &c. I. K. de &c. personaliter venerunt coram nobis C. D. & E. F.

Justiciar' dicti Domini Regis ad pacem suam in Com' suo predict' conservand' assignat', & recognoverunt se debere eidem Domino Regi modo & forma se∣quent', viz. predict' A. B. 20 l. legalis monetae Angliae, & uterque predictorum G. & I. 10 l. consimilis monetae, de separalibus bonis & catallis, terris & te∣nementis suis separaliter fieri & levari ad opus & usum dicti Domini Regis, haered' & sucessorum suorum, si defalt' fieret in performatione conditionis in∣dorsat'.

(Anno Dom. not necessary.)

* 21.2L. Kilb. Preced. ibid. 30, 31. A Condition for Felony or suspicion of Felony.

THe Condition of this Recognizance is such, That if the within-bound A. B. do personally appear before his Majesties Justices of Goal-delivery, at the next general Goal-delivery to be holden for the within-named County of Kent, then and there to Answer to our Soveraign Lord the King, for and concerning the Felonious taking and stealing of, &c. (or for suspicion of his Felonious taking and stealing of, &c.) wherewithall he standeth charged before, &c. and to do and receive, &c. and do not de∣part the said Court without license for the same; that then this Recogn. to be void, or else it shall stand in full force.

2. If it be to appear at the Sessions, say, Do personally appear before his Majesties Justices assigned to keep his Peace in the within-named County of K. at the next General Sessions of the Peace to be holden for the said County at T. in the County aforesaid, then and there to Answer, &c.

3. If the Felon be in Prison, say, These are to charge and require you that immediately you bring before me the Body of A. B. now in your custody, to be Bailed as Law requireth; whereof fail not, &c. Given, &c.

Bailiff.

Sheriff, Franchise, Officer.

* 21.3I. LAmb. 390. The Bailiffs of Franchises, and the Constables of Hun∣dreds, are to serve at the Sessions, the one as Ministers, the other as Jurors, and therefore ought to give their attendance, 27 H. 8. 24. §. 14. N. 1.

* 21.4II. Lamb. 4. cap. 4. pag. 428. Article in charge at Sessions, if any Bai∣liff of Franchise, Deputy or Clerk of the Shire, or Under-Sheriff, or other person, have taken upon him to retorn any Enquest, Jury or Tales, or to meddle with the execution of Process in any Court of Record, have not before taken the Oath of Supremacy and of Office, &c. Crompt. 57. 27 Eliz. 12. §. 4. N. 1.

* 21.5III. Crompt. 182 b. Nota, that where the King is party, if the Sheriff sends to the Bailiff of a Liberty to retorn the Pannel, he shall be Amerced and the Pannel quasht, for no liberty holds where the King is party.

* 21.6IV. 37 Eliz. 4. Of Franchise or Liberties, &c. nor any of their Officers, Servants, Bailiffs nor Deputies to do no Extortion.

* 21.7V. 22 & 23 Car. 2. cap. 20. (7.) §. 9. N. 2. Under-Sheriffs, Bailiffs, Ser∣jeant at Mace, or other Officers, shall not carry persons Arrest to the Ta∣vern, Alehouse, or Victualling-house, &c. to put them to charge, without consent, &c.

Baker & Badger,

see Corn.

Bankrupts.

* 21.8I. 21 Jac. 19. §. 7. N. 1. That Bankrupt on examination concealing Goods, &c. may be Indicted at Assizes, or the General Sessions to be hol∣den

before the Judges of Assize, or Justices of the Peace of the County or place where he or she shall become Bankrupt, and Pillory if found.

Barrettors,

see Maintenance.

Bark,

see Leather, Woods.

Bargain and Sale,

see Market Overt;

Baron & Feme.

Coverture, Women.

I. 3 Jac. 4. §. 40. N. 1.* 21.9 None to be charged with penalty for Wives offence in not receiving the Sacrament during Marriage, nor any woman to be charged for such offence.

II. 3 Jac. 5. §. 10. N. 1. Married woman convict Recusant,* 21.10 (whose Hus∣band is none) not coming to Church in a year, forfeits two parts of Joynture or Dower, and disable to be Executor or Administrator.

III. 22 Car. 2. 1. §. 16. N. 1. If person offending in Conventicle and con∣vict, be a Feme covert co-habiting with her Husband,* 21.11 the penalties of five shillings and ten shillings shall be levied on his Goods.

IV. Lamb. 78, 79. The Wife if she be threatned to be killed,* 21.12 or to be outragiously chastised by her Husband, may with good reason demand the Peace against him, F. N. B. 80. F. & 230. and I do not doubt but that a Justice of Peace may in such a case happening in his presence, command it upon his own discretion. The Husband may also demand the Peace against his own Wife in like case; and any man may demand it against the Wife of another, by Marrow, Crompt. 133 b. 136.

V. Crompt. 136 b.* 21.13 A man may beat another in defence of his Wife and Children, 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51.

VI. Crompt. 144 b.* 21.14 The Husband is bound that he and his Wife shall ap∣pear at such a Sessions, and that they keep the Peace in the mean time; at the day the Husband appears, but not the Wife, the Recognizance is not forfeited, because if there be any cause further to find Surety, the Husband shall be bound and not the Wife, and therefore the appearance of the Wife is not material; yet Dalt. 175. cap. 71. saith, Quaere on 8 Ed. 2. For∣feiture 17.

VII. The Laws, &c. 26. abr. 23.* 21.15 A Feme covert is within 1 Eliz. 2. §. 14. N. 2. and shall forfeit 12 d. if she repair not to Church every Sunday and Holy-day, 11 Co. 61. Dr. Fosters Ca. 3 Bulstr. 87. Laws Ca. 1 Roll. 93. c. 41. & Hob. 97. Moor & Hussey.

VIII. The Laws, &c. 68. abr. 72. N. 7.* 21.16 If a Feme covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. §. 5. N. 1. she may be charged with the penalty after her Husbands death; but the Husband is not chargable nor shall pay the penalty, for that he is no party to the Judg∣ment: and this was one of the causes of making 35 Eliz. 1. §. 10. N. 1. by which the King may have debt, and recover the forfeiture against the Hus∣band, 1 Roll. 93, 94. Fosters Ca. Savell 25. c. 59.

IX. The Laws, &c. 75. abr. 79. N. 10.* 21.17 An Action of debt or Information tam pro Domino Rege quam, &c. lyeth upon 23 Eliz. 1. §. 11. N. 1. against the Husband and Wife for the Recusancy of the Wife, and he is liable to the 20 l. per month, notwithstanding he himself be no Recusant, 3 Bulstr. 87. 1 Roll. 93. Hob. 97. Savell 25. c. 59. But the Wife cannot appear by Super∣sedeas alone without her Husband, for both must appear, or both be Out∣lawed, Hob. 179. Lovedens Ca. Nor can she plead or joyn Issue without her Husband, 2 Roll. 90. & 2 Cr. 530.

* 21.18X. Lamb. 206. §. 3. If the Husband or Wife have a House, and the Hus∣band or Wife rogue about, they ought to be sent to the Town where that House is; and so of an Inmate, Dalt. 125. cap. 47.

XI. Pract. Preced. 82. An Indictment for taking away a woman with her Husbands Goods.

* 21.19Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de C. in Com' K. predict' 10 die, &c. Anno regni, &c. vi & armis, viz. gla∣diis, &c. E. M. uxorem cujusd' B. M. apud, &c. rapuit, & eam cum bonis & catallis, viz. &c. ipsius B. M. cepit & abduxit, & ea eidem B. M. adhuc in∣juste detinet, contra pacem dicti Domini Regis nunc, coronam & dignita∣tem suas, &c.

XII. Pract. Preced. 114. An Indictment for marrying two Wives, 1 Jac. 11.

* 21.20Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. nuper de parochia Sancti Egidii in Campis in Com' Midd. predict' Gen', 6 die Junii Anno regni, &c. apud paroch' Sancti Martini in Campis in Com' predict' duxit in uxorem quandam S. E. Spinster, & adtunc & ibidem eandem S. E. in uxorem suam habuit, quodque predict' A. B. postea scil. 21 die Maii Anno regni, &c. apud paroch' de Marybone in Com' Midd. predict' felonicè uxorem duxit quandam W. I. Spinster, & eidem W. I. adtunc & ibidem, scil. dicto 21 die Maii Anno supradict' apud paroch' de Marybone predict' in Com' predict' maritat' fuit: predicta S. E. priori uxore adtunc superstite & in plena vita existent', contra pacem dicti Domini Regis nunc, coronam & dignitatem suas, &c. necnon contra form' Statuti in hujusmodi casu edit' & provisi. Et quod predict' A. B. postea scil. Anno 20 supradict' apud paroch' Sancti Egidii in Campis predict' pro felonia predict' capt' & arrestat' fuit.

Bastardy.

Bawdry, Adultery, Coron, Poor, Incontinence.

* 21.21I. LAmb. 118, 119. It is admitted by the opinion of the Court, 13 H. 7. 10. That if a man in the night-season haunt a House that is suspe∣cted for Bawdry, or use suspicious Company, then may the Constable arrest him, to find Sureties of his good abearing; for Bawdry is not meerly a Spiritual offence, but mixed and sounding somewhat against the Peace of the Land. 27 H. 8. 14. per Fitz-h. & 1 H. 7. 6.

* 21.22II. Lamb. 2. cap. 2. pag. 119. And therefore it shall not be amiss at this day (in my slender opinion) to grant Surety of the good abearing against him that is suspected to have begotten a Bastard-child, to the end that he may be forth-coming when it shall be born; for otherwise there will be no puta∣tive Father found, when the Justices of the Peace shall (after the birth, and by virtue of 18 Eliz. 3.) come to take order for his punishment; And if this medicine might lawfully be applied to Shoemakers, Taylors, Weavers, and other light persons, that without Testimonial, or other good Warrant, do flit out of one Shire into another; not only that evil of Bastardy, but many other mischiefs, might be either prevented or punished thereby. Cromp. 196 b. §. 8. Dalt. 191. 37. & 355. cap. 121. infra 10.

* 21.23III. Lamb. 546. And the reputed Father or Mother of a Bastard-child, that will not perform the Order set down by two Justices of the Peace thereto authorized, shall be committed, and shall remain in Prison with∣out Bail or Mainprise, till he or she will be bound, &c. 18 Eliz. 3. §. 1. N. 4, 5.

* 21.24IV. Lamb. 352, 353. Two Justices of the Peace, the one being of the Quorum, in or next to the Limits where the Parish-Church is in which a Bastard-child (left to the charge of the Parish) shall be born, ought to

take order by their discretion, as well for the relief of the Parish, and kee∣ping of the Child, as also for the Punishment of the Mother and reputed Father thereof. 18 Eliz. 3. §. 1. N. 2.

V. Lamb. 596. That 18 Eliz. 3. §. 1. N. 5.* 21.25 have mention of the Quar∣ter-Sessions to be holden next after Easter; which Statutes, as they make not in this point (viz. of holding the Sessions) a new Law, but be groun∣ded upon former Law supposed to be in force, (viz. 2. H. 5. 4. §. 2. N 2.) So allowing of any one of these four Sessions, they do therein give allow∣ance of all the other three also.

VI. Lamb. 604.* 21.26 A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm, being of honest Calling. 14 Eliz. 5. & 18 Eliz. 3. Cromp. 86.

VII. Cromp. 86 b.* 21.27 Enquiry at Sessions of Women that have Children born out of Matrimony, and of the reputed Father of such Child, they shall be punished by the directions of the Justices of Peace. 18 Eliz. 3.

VIII. Cromp. 131 b. Two Justices of the Peace,* 21.28 whereof one shall be of the Quorum, have power by their discretion, on examination of the Cause, and circumstances, to take Order as well for the punishment of the Mother as the reputed Father of every Bastard-child born out of Matrimony, and for relief of the Parish where it is born, in part, or in all. Cromp. 199.* 21.29

IX. Cromp. 154 b. Neither the Mother nor reputed Father of any Bastard who refuseth to perform the order of the Justices can be bailed according to 18 Eliz. 3. §. 1. N. 5. see 2 Bulstr. 323. (341.)

X. Cromp. 196 b. §. 8. Quere,* 21.30 If a Justice of Peace may by discretion bind to the good behaviour him that hath gotten a Woman with child, to be forth-coming until the delivery, because otherwise peradventure he will flie. But the Stat. 18 Eliz. 3. doth not give this; but it seemeth rea∣sonable, Lamb. 119. supra 2. Dalt. 191, & 255.

XI. Dalt. 191. cap. 75.* 21.31 Also this Surety of the good behaviour is used to be granted against the putative Father of a Bastard-child.

XII. Dalt. 37. cap. 11. Every Justice of Peace upon his discretion may (as it seemeth) bind to the good behaviour him that is charged or suspe∣cted to have begotten a Bastard-child, to the end that he may be forth-co∣ming when the Child shall be born; otherwise there will be no putative Father when the two Justices, after the birth of the Child, shall come to take order according to 18 Eliz. 3. §. 1. N. 2. The like may be done after the birth of the Child, and before such order taken. Lamb. 119. Cromp. 196. §. 6.

XIII. Dalt. 37. cap. 11. Also if the putative Father of any such Child,* 21.32 either before the birth of any such Child, or after, shall by any perswasion, procurement, or other practice, be conveyed or sent away, or shall run away, so as the Justices of Peace cannot come by him, or so as the order of the Justices by means thereof shall not be performed; it seemeth every Justice of Peace upon his discretion may bind to the good behaviour, and so over to the next Gaol-delivery before the Judges of Assize, or to the next Quarter-Sessions, such as shall have any hand in such practice, &c. so of such as by practice, &c. shall cause the Mother of the Child to be con∣veyed or sent away, or to run away, whereby she leaveth her Child to the charge of the Town, &c.

XIV. Dalt. 37. cap. 11. Two Justices of the Peace, one being of the Quorum, in or next to the Limits where the Parish-Church is,* 21.33 in which Parish any Bastard-child (begotten and born out of lawful Matrimony) shall be born, upon examination of the cause, and circumstances, shall and may take order, by 〈◊〉〈◊〉 discretion, as well for the relief of the Parish, in part, or in all, and 〈◊〉〈◊〉 of the Child, (by charging the Mother or reputed Father with the payment of Money weekly, or other relief) as

also for the punishment of the Mother and reputed Father. 18 Eliz. 3. & 21 Jac. 28. & 3 Car. 1. 4. But such a Bastard-child must be one that is left to be kept at the charge of the Parish, or one likely to be, or which may be chargeable to the Parish. 7 Jac. 4.

* 21.34XV. Quere, If the Bastard die before any order, if the Justices may make an order for the Parish only, or for Midwives Reward, &c. Dalt. 38. Infra. §. 23.

* 21.35XVI. Dalt. 25. cap. 6. And yet (notwithstanding the Rule Com. 206 b. in Stradling's Case) whereas by 18 Eliz. 3. §. 1. N. 2. the order to be taken for a Bastard-child is appropriated to two Justices of the Peace, one being of the Quorum, in or next unto the Parish where such Child shall be born; if two such Justices cannot agree upon the reputed Father, or in making such order as the Statute requireth, or in other execution of the Statute, Quere, what is to be done. I have known the Case lately moved to the Judges of Assize, who thought it fit that such difference between the two Justices of Peace should be referred to the hearing of the whole Bench, and the matter to be examined by them; and what order should be therein set down by the Bench, the same to stand good. But in such things appropriate to some one or more Justices, if without them all or any of the residue of the Justices shall intermeddle therein, such their doings seemeth no ways warrantable, but to be coram non judice; and that there is no necessity to obey them therein, as being no lawful Judges of the Cause. 1 Cr. 470. Infra.

* 21.36XVII. Dalt. 37. cap. 11. If the two Justices cannot agree upon their order, what is then to be done, see Dalt. 25. supra. But by some opinions the words of this Statute 18 Eliz. 3. §. 2. N. 2. being disjunctive, two Justices of Peace in or next to the Limits, &c. If the two Justices of Peace in that Division or Limits cannot agree, then the two Justices of Peace next to that Division or Limits, being within the same County, and one of them of the Quorum, have power to take order therein.

* 21.37XIII. Dalt. 37. ibid. Also it seemeth the Mother may be examined upon Oath concerning the reputed Father, and of the time and other circum∣stances, for that in this case the matter and the tryal thereof dependeth chiefly upon the Examination and Testimony of the Mother, 18 Eliz. 3. §. 2. N. 2.

* 21.38XIX. Dalt. 37, 38. ibid. By 7 Jac. 4. § 7. N. 1. it appeareth, that the Justices of the Peace shall now commit such lewd women to the House of Correction, there to be punished, &c. And therefore Quaere if the Justices of Peace may punish by corporal punishment the Mother, by force of 18 Eliz. 3. §. 2. N. 4. and then to send them to the House of Correction; for nemo bis punire debet pro uno delicto, 4 Co. 43. & 8 Co. 118. & 2 Bulstr. 348. (330.)

* 21.39XX. 2 Bulstr. 330. (348.) At Salop Assizes 19 March 7 Car. 1. An. 1631. this Question was propounded by Sir J. Corbet to Sir William Jones Justice of Assize: One had a Bastard-child, but she was not question'd, nor no proceedings had against her on 18 Eliz. 3. after she had another; whether she shall now be proceeded against on 7 Jac. 4. §. 7. N. 2. as for her second offence, or whether this shall be taken for the first: And by Jones Justice, she shall not be punished on 7 Jac. 4. §. 7. N. 2. as for her second offence, unless she had been before question'd and punish'd for her first offence, either by 18 Eliz. 3. or 7 Jac. 4. but she might have been punish'd as for her first offence on either, &c. Infra 44, 47.

* 21.40XXI. Dalt. 38. Such corporal punishment on 18 Eliz. 3. §. 2. N. 4. or commitment to the House of Correction on 7 Jac. 4. §. 7. N. 1. is not to be until after the woman is delivered of her Child; neither are the Justices of Peace to meddle with the woman until that the Child be born, and she

strong again, lest the woman being weak, or the Child wherewith she is happen to miscarry; for you shall find that about 31 Eliz. a woman great with Child, and suspected for Incontinence, was commanded by the Ma∣sters of Bridewell in London to be whipt there, by reason whereof she Travailed and was delivered of her Child before her time, &c. and for this the said Masters of Bridewell were in the Star-Chamber fined to the Queen at a great Sum, and were further ordered to pay a Sum of money to the said woman.

XXII. Dalt. 38.* 21.41 Now it seemeth that such commitment to the House of Correction, ought to be by two Justices at the least, by the words of 7 Jac. 4. §. 7. N. 1. and then by the conference of these two Statutes, 7 Jac. 4. & 18 Eliz. 3. §. 2. N. 4. it seemeth fittest for the two next Justices authorized by 18 Eliz. 3. §. 2. N. 2.

XXIII. Dalt. 38. It seemeth by the words of 7 Jac. 4. §. 7. N. 1.* 21.42 that such a woman shall not be sent to the House of Correction until after the Child be born, and that it be living; for it must be such a Child as may be chargable to the Parish. See supra §. 15.

XXIV. Dalt. 38, 39.* 21.43 Also it seemeth that such a Bastard-child is not to be sent with the Mother to the House of Correction, but rather that the Child should remain in the Town where it was born, (or settled with the Mother) and there to be relieved with the work of the Mother, or by re∣lief from the reputed Father; so Dalt. 125. cap. 47. and yet the common opinion and practice is otherwise, scil. to send the Child with the Mother to the House of Correction; and this may also seem reasonable, where the Child sucketh on the Mother.

XXV. Dalt. 38. Nota,* 21.44 that an Infant born 11 days post ultimum tempus legitimum mulieribus constitutum, viz. after 40 weeks after death of his Father, shall not be adjudged legitimate, &c. 1 Inst. 123 b. Radwells Ca. 2 Esdras 40, 41. and so it seemeth of an Infant born after 40 weeks from the time that the Feme chargeth the man to have carnal knowledge of her, such Infant shall not be adjudged nor reputed to be the Issue of such a man.

XXVI. Palmer 10. pl. 2. in Alsop & Stacies Ca. Mich. 17 Jac.* 21.45 a Child born ten days after the 40 weeks was adjudged legitimate; but there is a difference per Dodridge Justice, between 1 Inst. 123 b. and this Case, for here the Daughter shall be a Bastard, if it be not the first Husbands, but there both were legitimate, 2 Cr. 541. m.

XXVII. 1 Cr. 341. pl. 414. Pridgeon was brought to the Bar, Hil. 9 Car. 1.* 21.46 in B. R. upon an Habeas Corpus, being at Lincoln, on complaint to two Justices of Peace next adjoyning, ordered to keep a Bastard-child; from which he appeal'd to the next Quarter-Sessions, at which he was dischar∣ged, and the former Order repeal. After at another Quarter-Sessions the first Order was confirm, and he commit for non-performance: and per Cu∣riam the second Sessions hath no power to alter it after discharge, &c. So 1 Cr. 351. upon 18 Eliz. 3. §. 2. N. 6. and 3 Car. 1. cap. 4. (5.) §. 15. N. 2. doth not aid this Case, for the Statute is there, that if the two next Justices of Peace make not provision for the Bastard, the Justices of Peace at their Quarter-Sessions shall settle an Order for keeping of the Bastard, as the two next Justices ought; but it doth not give more power or au∣thority, nor gives authority to one Sessions to alter that which in a former Sessions was ordered, Jones 330. m. 2 Bulstr. 355. (337.)

XXVIII. 1 Cr. 436. in Salter and Browns Ca. said,* 21.47 that it hath been re∣solved that a Bastard-child of persons able to keep it, and not like to be chargable to the Parish, is not within 18 Eliz. 3. §. 2. N. 2. and a reputed Father is to be adjudged by the two next Justices of the Peace, or the Sessions.

* 21.48XXIX. 1 Cr. 470. in Slater's Ca. Pasch. 13 Car. 1. B. R. Resolved by the whole Court, 1st. That before 3 Car. 1. 4. (5.) §. 15. N. 2. the Justices at the Sessions had no authority to meddle in the case of Bastardy, till the two next Justices (according to 18 Eliz. 3 §. 2. N. 2.) had made an order therein; and that then, and not before, the party refusing to perform the order, and upon giving reasonable Security to appear at the next Ses∣sions, and abide such order as the Justices there (or the more part of them) should make, &c. the Justices at the Sessions might make a new order, &c. otherwise nor. Dalt. 25. 37. supra. §. 16, 17. & 2 Bulstr. 324. pl. 238.

* 21.49XXX. 1 Cr. 470. ibid. in Slater's Ca. Resolved 2dly. That by the Statute 3 Car. 1. 4. (5.) §. 15. N. 2. The Justices of the Sessions have power and authority originally to make an order in the case of Bastardy. For the words are, That all Justices of the Peace within their several Limits and Precincts, and in their several Sessions, may do and examine all things con∣cerning that part of the Stat. 18 Eliz. 3. §. 2. touching Bastards, &c. that by the Justices of the Peace in the several Counties were by the said Stat. limited to be done. And therefore the first order made by the Sessions was in this case good and legal, and the second order made by the two next Justices void, and could not alter or revoke the order, which was first made by good authority, &c.

* 21.50XXXI. 1 Cr. 471. ibid. Slater's Ca. 3dly. Resolved, That an Error in part, (viz. committing the Mother for life for the first Offence) and in that part of the Order which only concerned her, should not vitiate the whole Order.

* 21.51XXXII. 13 & 14 Car. 2. 12. §. 19. N. 2. That it shall and may be lawful for the Churchwardens and Overseers for the Poor of such Parish where any Bastard-child shall be born, to take and seize so much of the Goods and Chattels, and to receive so much of the annual Rents or Profits of the Lands of such putative Father, or Lewd Mother, as shall be ordered by any two Justices of Peace, &c. for or towards the discharge of the Parish, to be confirmed at the Sessions, for the bringing up and providing for such Ba∣stard-child.

* 21.52XXXIII. 4 Co. 17. in Ann Davies Ca. If a Feme hath a Bastard, she is punishable by 18 Eliz. 3. and though Fornication or Avowtry be not exa∣minable by our Law, because they are done in secret, and peradventure are uncomly to be publickly examined; yet the having of a Bastard is a thing apparent, and examinable by the said Act.

* 21.53XXXIV. Dalt. 355, 356. cap. 121. A Warrant for the reputed Father of a Bastard-child.

* 21.54WHereas complaint hath been made to me by K. I. of your said Town single woman, That she is gotten with child by one T. S. also of your Town Butcher: These are thetefore to will and require you, and in His Majesties Name to charge and command you, and either of you, That presently upon the receipt hereof you attach the body of the said T. S. and thereupon to bring him before me, or some other of His Majesties Justices of the Peace for this County, to find sufficient Sureties as well for his ap∣pearance at the next General Sessions of the Peace to be holden for this County, as also for his good behaviour towards His Majesty and all his Leige-people in the mean time; and hereof fail you not, as you will an∣swer the contrary at your perils. Dated, &c. Dalt. 37. in §. supra.

XXXV. Dalt. 356. ibid. Where a Maid-servant is gotten with child,* 21.55 and from thence sent to her place of birth.

FOrasmuch as J. M.* 21.56 for the space of _____ _____ years now last hath dwelt in the Parish of W. in the County of E. and being there settled in service with 〈1 span left blank〉〈1 span left blank〉 &c. was gotten with child, and being so with child, now sent or conveyed to the Town of B. under colour that she was there born, to the burthening of the said Town, and contrary to Law: These are therefore in His Majesties Name to charge and command you safely to con∣vey the said J. to W. aforesaid, there to be set on work, or otherwise to be provided for, according to the Law; and that you deliver and leave, or offer to leave the said J. to and with some one of the Churchwardens and Overseers for the Poor of the Parish of W. aforesaid; and hereof fail you not, &c. Dalt. 97. cap. 40.

XXXVI. Dalt. 384. cap. 125. A Mittimus to the Goal,* 21.57 of the repu∣ted Father of a Bastard-child, &c.

I Send you herewithal the body of R. C. of C. Labourer,* 21.58 brought before me this present day, and charged by F. S. of the same Town, to have gotten her with child; and for that the said R. refuseth to put in Security for his appearance at the next Quarter-Sessions; and to the end he may be forth-coming when as order shall be taken for the relief and discharging the said Town of B. and for the keeping of the said Child when it shall happen to be Lorn, according to the Statute in that Case provided: These are therefore on the Kings Majesties behalf to charge and command you, That immediately you receive the said R. C. and him safely to keep in your said Goal, until such time as he shall be from thence delivered by due order of Law; and hereof fail you not, as you will answer your contempt at your peril. Dated, &c.

XXXVII. Dalt. 385. cap. 125.* 21.59 A Mittimus to the House of Correction for one that runneth away, leaving her Charge to the Town.

WE have sent you herewithal the body of I. K. of W. single woman,* 21.60 being lately delivered of a Child, and one that is able to labour, and thereby to relieve her self and her said Child; and hath notwithstan∣ding lately run her away, and left her Child upon the Parish, to the charge of the same Parish, contrary to the Statute in that behalf provided: These are therefore to will and require you to receive the said I. K. and her safely to keep, until the next Quarter-Sessions to be holden for this Coun∣ty; and in the mean time to hold her to such works, and to give her such due Correction, by moderate whipping or otherwise, as shall be fitting in your discretion, and according to the Law in that behalf provided; yielding her for her maintenance only so much as she shall deserve or earn by her Labour and Work; and hereof see that you fail not at your peril. Dated, &c. 7 Jac. 4.

XXXVIII. Dalt. 385. ibid. Note, If any mean person shall but threaten to run away and leave their Family as aforesaid, any two Justices of Peace of that Division may send them to the House of Correction as aforesaid;* 21.61 But such their threatening must be proved by two sufficient Witnesses upon Oath before the said Justices of Peace.

XXXIX. Dalt. 385. cap. 125.* 21.62 A Mittimus to the House of Correction of the Mother of a Bastard-child.

WE have sent you herewithal the body of I. C. of W.* 21.63 in the said County single woman, being lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid; and for that the

said I. C. is able to labour, and that she may thereby the better relieve her self and her said Child: These are therefore to will and require you to re∣ceive the said I. into your said House, there to be punished and set on work during the term of one whole year, according to the Statute in that behalf provided; and hereof fail you not, &c.

* 21.64XL. A Mittimus to the House of Correction of the Mother of a Bastard-child, after Examination taken.

* 21.65WE send you herewithal the body of B. H. being lately delivered of a Bastard-child, and now brought before us; requiring you her to receive, and her safely to keep in your House of Correction for the space of one whole year next ensuing, and to punish and to set her on work, according to the Statute in that case made and provided, during the said time; and hereof fail you not, &c.

* 21.66XLI. A Condition for a reputed Father of a Bastard-child.

THe Condition, &c. That if the above-bound O. M. shall and do per∣sonally appear at the next General Quarter-Sessions of the Peace to be holden at I. for that part of the County, and abide such order as the Justices of Peace shall and do then and there take and make concerning the Bastard-child born of A. B. of C. in the County of S. whereof he is accused to be the reputed Father, if the said Justices shall take or make any order therein; and in default of such order by them to be taken or made, that then, if the said O. M. shall and do perform the order therein already made by J. T. and J. S. two of His Majesties Justices of the Peace for the County aforesaid, that then, &c.

* 21.67XLII. An Order for a reputed Father of a Bastard-child to discharge the Town.

* 21.68WHereas E. C. of R. in the County aforesaid, Yeoman, hath been heretofore charged to be a reputed Father of a Male Bastard-child, late born at P. in the County aforesaid, of the Body of S. B. single wo∣man there dwelling at P. aforesaid, and the matter being heard and exami∣ned by us, it appeared to us by the Confession of the said S. B. her self, and by the Testimony of divers witnesses taken before us upon Oath, that the said E. C. is the reputed Father of the said Bastard-child: We do there∣fore order and adjudge the said E. C. to be the reputed Father of the said Base-child; and for the better discharge of the said Parish of P. we do order the said E. C. shall weekly, and every week, from the Birth of the said Child, until he shall accomplish the Age of twelve years, or so long as the said Child shall be any ways chargable unto the said Town of P. pay or cause to be paid unto the Church-wardens and Overseers of the Poor of P. aforesaid, or some of them, towards the relief of the said Base-child, twelve pence; and at the end of the said term of twelve years, to pay to the Church-wardens and Overseers of the Poor of the said Town for the time being, the sum of Five pounds of lawful English money, to bind the said Child forth as an Apprentice to some honest Trade or Calling. In witness, &c.

* 21.69XLIII. An Order for the reputed Father of a Bastard-child to discharge the Town.

* 21.70WHereas S. W. of G. in the County aforesaid, Widow, was lately de∣livered at G. aforesaid of a Bastard-child named John, which is likely to be chargable to the Town or Parish: We the Justices of Peace of the County aforesaid, whose Names are here underwritten, having upon the complaint of the Townsmen of G. aforesaid, taken upon us the hearing

and Examination of the said Cause, do find by divers Examinations testified upon Oath before us, that the said S. in the extremity of her Travail did accuse I. B. of G. aforesaid, Taylor, to be Father of the said Bastard-child: And we do also further find by divers other pregnant proofs and circum∣stances upon Oath, that the said I. B. is the reputed Father of the said Child, whereupon we do order and adjudge him the said I. B. to be the re∣puted Father of the said Bastard-child; and we do further order, both for the relief of the said Parish in part, as also for the punishment of the said I. B. that the said I. B. shall weekly and every week from and after the Birth of the said Child, (so long as the said Child shall be chargable unto the said Parish) until the said Child shall attain to the Age of twelve years, pay or cause to be paid unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time being, for and towards the keep∣ing and education of the said Child, the svm of sixteen pence, and shall within three months after the said Bastard-child shall accomplish his said Age of twelve years, pay at or within the Church-Porch of G. aforesaid, unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time then being, for and towards the putting out and binding forth of the said Child to be an Apprentice, the sum of Three pounds of lawful English money; and that the said S. W. so long as she shall not keep the said Child, shall likewise pay weekly and every week, during the twelve years aforesaid, (or so long as the said Child shall be chargable to the said Parish) unto the Church-wardens and Overseers of the Poor of the said Town for the time being, the sum of 6 d. a week for and towards the edu∣cation and maintenance of the said Child: And we do further order, that the said S. shall be sent to the House of Correction at W. there to be pu∣nished and set on work, and there to remain for one whole year now next ensuing, according to the Statute and Law in that behalf. And lastly we do order, that the said I. B. shall become bound in a Bond of Twenty pounds unto M. B. and G. W. two of the chief Inhabitants of the said Town of G. well and truly to perform so much of this our Order, as doth concern the said I. B. and is on his part by this our Order to be done and performed. In witness whereof we have put to our Hands the 15. day of March 1635.

XLIV. 2 Inst. 733. on 7 Jac. 4. §. 7. N. 2.* 21.71 If she will discharge the Parish of the keeping of the Bastard, she cannot be punished by this Statute, but by 18 Eliz. 3. §. 2. N. 2. infra 47. supra 20.

XLV. 2 Bulstr. 323. (341.) pl. 237.* 21.72 on a Hab. Corp. retorn from Oxon. Littleton moved for discharge of Hamond, who for a Bastard-child gave Bond to the two next Justices till the Sessions, to appear, &c. which he did, and the Sessions made a new Order, and for non-performance of this last Order committed him; which per Curiam is illegal, and he was discharged on 18 Eliz. 3. §. 2. N. 4.

XLVI. 2 Bulstr. 324. (342.) pl. 238. in Smiths Ca. Mich. 6 Car. 1.* 21.73 in B. R. per Curiam, the next Sessions on appeal must make a final Order.

2. Note, that upon reading of the Statute 18 Eliz. 3 §. N. and con∣ference had among the Judges, they all agreed in this, that after an appeal to the Sessions, and the Justices there do repeal the first Order, the matter then is as res integra before them, and they may then grant a Re-reference of the matter to the two next Justices, 1 Cr. 470.

3. Note per Curiam, that upon 18 Eliz. 3. §. 2. N. 5. the Recognizance taken ought to be in the disjunctive, viz. to perform the Order made by the two nevt Justices, or to appear at the next Quarter-Sessions, and to abide the Order there.

4. Note also per Curiam, on 18 Eliz. 3. §. 2. N. 2. that one Justice of Peace by his Warrant may commit.

5. Note upon 18 Eliz. 3. §. 2. N. 5. It was moved, that after the two next Justices have made an Order under their Hands, whether one of them may afterwards disavow this or not; and if he so do, what is then to be done? as here one did, but no opinion as to this.

* 21.74XLVII. 2 Bulstr. 330, 331. (348, 349.) pl. 244. by Jones Justice of Assize at Salop 1631. March 7 Car. 1. she that hath a second Bastard, shall not be punished upon 7 Jac. 4. §. 7. N. 2. as for her second offence, unless she had been before question'd and punish'd for her first offence; but she might have been punish'd for her first offence either by 18 Eliz. 3. §. 2. N. 2. or by 7 Jac. 4. §. 7. N. 2. Supra 44.

* 21.75XLVIII. 2 Bulstr. 328. (346.) pl. 242. in Gerrards Ca. it was said by Whitlock and Crook Justices, on reference Mich. 7 Car. 1. that if the poor Child to be relieved be a Bastard-child, this is clearly out of the Statute of 43 Eliz. 2. §. N. Quaere contra 2 Bulstr. 331. pl. 345.

* 21.76XLIX. West. Symb. 2 part 153. sect. 323, An Indictment for keeping a Bawdy-house, Pract. Preccd. 186.

* 21.77Juratores pro Domino Rege super sacramentum suum presentant, quod N. W. de A. in Com' predict' Taylor, & E, uxor ejus, &c. sunt communes Lupinar', & diversis diebus & vicibus ante diem hujus Inquisitionis in domibus suis scituat', &c. manutenuerunt hospitium Lupinar', necnon diversas personas suspect' ibid' ludentes ad luda illicita, viz. Tables, Cards, &c. tam in die quam in nocte post horas debitas ei legitim' ad gravamen Inhabitantium ibidem, ac malum exemplum omnium aliorum ligeorum Domini Regis, &c.

L. Kilb. Preced. 2 Edit. 37, An Order for relief of the Parish touching a Bastard-child, &c. Pract. Preced. 237, on 18 Eliz. 3.

* 22.1THe Order of us W. B. and R. K. Esqs; two of his Majesties Justices of the Peace of the said County, whereof W. B. is of the Quorum, and both residing within the limits where the Parish-Church of H. in the County aforesaid is, the 19 Apr. An. 1672. according to the form of the Statute in that case made and provided, touching the Male Bastard-child late born in the Parish of H. aforesaid, of the Body of A. G. of the same Parish single woman, the keeping of which said Bastard-child hath ever since the Birth thereof been, and still is chargable to the Parish aforesaid, and so likely to continue chargable.

First, upon our Examination of the cause and circumstance, and due con∣sideration thereof by us had, we do adjudge W. S. late of H. aforesaid Taylor, the reputed Father of the said Bastard-child.

And for punishment of the said Mother and reputed Father, and the bet∣ter relief of the said Parish, we do hereby order as followeth.

We do order that the said Mother shall by the Constable, &c. of the Hundred of Great B. in the said County, or by some or one of them, upon the 10. day of, &c. between the hours of nine and twelve in the Forenoon, in the Common-Highway at or near, &c. in the Parish aforesaid, be strip∣ped naked from the middle upwards, and then and there shall be tyed to the Tail of a Cart or Dung-Court, and being so stript and tyed, shall be there openly whipped until her Body be bloudy.

We do also order, that the said reputed Father shall by the Constable, &c. of the Hundred aforesaid, or some or one of them, upon the 10. day, &c. between the hours of, &c. in the Forenoon, in the Common-Highway in the Parish aforesaid, over against the dwelling-house of I. S. there be stripped naked from the middle upwards, and shall then and there be tyed to the Tail of a Cart or Dung-Court, and being so stripped and tyed, shall be from thence drawn to the Watch-house aforesaid, and on the way well whipped in such manner as in such cases is accustomed.

We do further order, that the said Mother shall within three days next after notice of this our Order, render her Body to the said Constable, &c. or to some or one of them, ready to undergo her punishment be∣fore ordered.

We do likewise further order, that the said reputed Father shall within six days next after notice given unto him of this our Order, pay or cause to be paid to the Overseers of the Poor of the Parish aforesaid, or to some or one of them, 20 s. of lawful money of England, towards the monies by them disbursed (before the said notice given) for or towards the charges of the keeping of the said Bastard-child, from the time of the Birth thereof, until the time of the giving of the said notice.

And that upon every Friday which shall be next after the end of the said six days, until the said Bastard-child shall attain unto his Age of ten years, the said reputed Father shall likewise pay unto the Overseers of the Poor of the said Parish for the time being, or unto some or one of them, 16 pence of lawful money of England, towards the charges by them disbursed to∣wards the keeping of the Bastard-child aforesaid, meaning between the end of the said six days, and the time that he shall attain unto his said Age of ten years.

We do further order, that the said Bastard-child shall be kept and nou∣rished by his said Mother, until he shall attain unto the Age aforesaid; and that she, so far as she shall be able, shall during the said time so keep and nourish the same.

We do lastly order, that both the said Mother and reputed Father, shall for ever from and after such time as the said Bastard-child shall attain unto his said Age of ten years, joyntly and severally discharge the said Parish of and from all charges whatsoever, for, touching or concerning the keeping or relieving of the same.

In witness whereof we have hereunto subscribed our Names, the day and year first above-written.

• W. B.
• R. K.

Bath & Buckston,

see Poor.

Battery,

see Affray, Trespass.

Battail,

see Coron, War.

Beads,

see Pope.

Beggars,

see Poor.

Behaviour,

see Good Behaviour.

Bears,

see Cattel & Games.

Beer,

see Ale.

Bigamy,

see Marriage.

Blockwood,

see Drapery.

Bloudshed,

see Homicide, Coron.

Boatmen& Barges,

see Sewers & Ships.

Bonds,

see Recognizance & Bail.

Bows & Butts,

see Games.

Bowls,

see Games.

Books.

Printers, Libels.

I. 3 & 4 Ed. 6. 10. §. 4. N. 1. As well Justices of Assize,* 22.2 as Justices of Peace in the General Sessions, shall enquire of Printing all Antiphones,

Missals, Grayls, Processionals, Manuals, Legends, Pyes, Portuasses, Primers in Latine and English, Couchers, Journals, Ordinals, or other Books what∣soever, heretofore used for the Service of the Church, Printed without Authority, &c.

Brass,

see Mettle.

Breach of the Peace,

see Peace.

Breaking of Prison,

see Imprisonment.

Bricklayers,

see Masons.

Bridges,

see Ways.

Buckstalls,

see Forest.

Buggery,

see Coron.

Bulls,

see Pope.

Burglary and breaking Houses,

see Coron.

Burials,

see Church.

Bushels,

see Measures.

Butchers,

see Cattel.

Butter, &c.

see Victuals.

Buying of Titles,

see Maintenance.

Calculation,

see Days.

Cattel.

Calves, Sheep, Oxen, Cows, Butchers, Badgers, Drovers, Kidders, Horses, Replevin.

* 22.3I. 32 H. 8. 13. §. 8. N. 1. The Justices of Peace in every Shire, Riding, and other place, in their Quarter-Sessions to be kept and holden by vertue of the Kings Commission of the Peace to them directed, &c. shall have au∣thority to enquire of, hear and determine, as well by Examination as other∣wise, the offences of putting Horses under measure into great Commons, &c. Lamb. 600.

* 22.4II. Lamb. 4. cap. 4. pag. 475; 476. Article of charge in Sessions, if any person have put to feed in any Forest, Chace, Moor, Marsh, Heath, Com∣mon or Waste ground within this Shire, where any Mares are used to be kept, any Stoned-Horse being above two years old, and not being four∣teen hand high, &c. and if any such Forest or Grounds have not been yearly driven within fifteen days after Michaelmas, by the Owners or Offi∣cers thereunto appointed, 32 H. 8. 13. except in Marshes and Seggy Fen-grounds, 8 Eliz. 8. §, 2. N. 1. Crompt. 95 a. b, 124 b.

* 22.5III. Lamb. 497. This is certain, that Justices of Peace ought to receive Indictments found in any Leets or Law-days, upon 32 H. 8. 13. §. 8. N. 2. to which end also the Court-holders of such Leets are bound to certifie the same unto them within the space of four days.

* 22.6IV. Lamb. 4. cap. 11. pag. 527, 528. Now whereas also some Statutes (viz. 32 H. 8. 13. §. 8. N. 3.) do enable the Justices of Peace to hear and determine, by the general use of the word Examination, without shewing of what persons; it seemeth to me that they may thereupon examine as well the parties, as other witnesses, Crompt. 130 b.

* 22.7V. Crompt. 194 b. Informer before the Justice of Peace shall have the

moiety of the forfeiture, by 32. H. 8. 13. §. 8. N. 5. touching the breed of Horses, and 2 & 3 Phil. & Mar. 3. §. 3. N. 2. of Milch-Kine.

VI. 5 & 6 Ed. 6. 14. §. 16. N. 1.* 22.8 Every person known for a common Drover, being licensed in writing by three Justices of the Peace, whereof one to be of the Quorum, of the County where the same Drover shall be most abiding and dwelling, (may buy Oxen, Runts, Steers, Kine, Heifers, Calves, Sheep, Lambs, Goats, or Kids) in such Shires or Counties where Drovers have been wont in times past accustomably to buy Cattel, at their free liberty and pleasure, and to sell the same, &c. at reasonable prices in common Fairs and Markets, distant from the place of buying 40 miles at the least, so that the same Cattel be not bought by way of Forestalling.

VII. Lamb. 4. cap. 4. pag. 447. Article of charge at Sessions,* 22.9 if any feed∣ing above a hundred and twenty Sheer-Sheep for the most part of the year, upon his Grounds that be meet for Milch-Kine, and wherein no person hath any Common, have not for each 60 such Sheep, reared one Calf during the time of keeping such Sheep; or if any person feeding upon his several Pastures above twenty Oxen, Routs, Steers, Scrubs, Heifers or Kine, have not for every ten such Beasts kept one Milch-Cow, and for every two Kine weaned and reared up yearly one Calf, except it chance to die; he that feedeth such Sheep or Beasts only to be spent in his House excepted, 2 & 3 Phil. & Mar. 3.

VIII. Lamb. 599.* 22.10 The Justices may in their General Sessions determine of the offences of killing and selling Weanlings under two years of age, 24 H. 8. 9. §. N. and of not keeping of Milch-Kine and Calves, 2 & 3 Phil. & Mar. 3. §. 3. N. 2. Crompt. 86.

IX. Crompt. 126.* 22.11 Justices of Peace may hear and determine by Present∣ment, Bill, Information or Plaint, the offences of such as kill Weanlings un∣der the age of two years, to the intent to sell, by 24 H. 8. 9. §. N.

X. Crompt. 126. The Justices by 24 H. 8. 7. §. N.* 22.12 may hear and de∣termine by Bill, Information and Presentment, the offence of such as kill sucking Calves to be sold, Calved between 1 Jan. and 1 May.

XI. Crompt. 126. The Justices may determine by Bill, Information,* 22.13 Pre∣sent, Action of Debt or Detinue, the offences of not keeping Milch-Kine, or not rearing Calves, 2 & 3 Phil. & Mar. 3. §. 3. N. 2.

XII. Crompt. 193.* 22.14 Information for the party shall be commenced before Justices of the Peace, within the year after the offence committed against 2 & 3 Phil. & Mar. 3. §. 3. N. 2. touching not keeping Milch-Kine, and not rearing Calves.

XIII. Lamb. 464. Article in charge at Sessions,* 22.15 if any have at once kept above the number of 2000 Sheep of all sorts, against the purport of 25 H. 8. 13.

XIV. 2 & 3 Phil. & Mar. 7. §. 7. N. 1.* 22.16 The Justices of Peace of every place and County, as well within Liberties as without, shall have Authority within their Sessions, &c. to enquire, hear and determine all the offences against this Statute, (of not Tolling Horses, Mares, Geldings, Colts, in Fairs, &c.) as they may do any other matter tryable before them, Lamb. 464. so 31 Eliz. 12. §. 3. N. 1.

XV. Crompt. 86. Article of charge in Sessions, if any Butcher,* 22.17 &c. kill Calves to sell, under the age of six weeks, &c. 5 Eliz. 8. 1 Jac. 22.

XVI. Crompt. 86. Article, &c. if any kill sucking Calves to be sold whole, or by retail, that shall be Calved between 1 Jan. and 1 May,* 22.18 &c. 22 H. 8. 7.

XVII. 2 & 3 Phil. & Mar. 7. §. 7. N. 1.* 22.19 The Justices of Peace of every and County, as well within Liberties as without, shall have Au∣thority in their Sessions to enquire, hear and determine all offences of

selling and buying Horses, &c. in Markets and Fairs, without Tolling, as they may do any other matter tryable before them, Dalt. 73. cap. 27.

Captains,

see War.

Carnal knowledge,

see Women.

Castles,

see War.

Cause of suspicion,

see Intendment.

Carriages,

see Purveyance.

Carmen,

see Ways.

Carriers,

see Ways.

Causeys,

see Ways.

Certiorari & Certificate.

Removing, Retorn, Records.

* 22.20I. LAmb. 4. cap. 7. pag. 505. It falleth out not seldom that when Ju∣stices of Peace have taken an Indictment found before them, they cannot proceed to hearing and determining upon it, either because it is grounded upon some such Statute as giveth unto them no further power but only to enquire thereof, or else because the Indictment is taken out of their hands by Certiorari, and conveyed to Justices of a higher Authority, at the solicitation and by the means of some parties grieved, to the end that they may either Traverse it above, or there avoid it for Insufficiency of form or matter.

* 22.21II. Lamb. 506. Albeit that in the removing of Pleas between party and party, from inferiour to higher Courts, by Toll, pone, recordare, &c. there was wont to be a probable cause alledged for which the same were remo∣ved; yet in this case of the Certiorari, there needs no cause to be comprised in the Writ of Certiorari, because they all be the Courts of the King, against whom the offence is committed, and it breedeth neither injury to the offender, nor loss to any other person in what Court soever the offence be tryed.

* 22.22III. Lamb. 4. cap. 7. pag. 507. This Certiorari may command either the Record it self, or tenorem Recordi to be sent up, and it ought to be obeyed accordingly; for upon fail thereof, 1. an Alias, 2. a Pluries, 3. an Attach∣ment shall go out against them that should send it, as F. N. B. 245. But I have heard that they use also a Subpena at this day, Dalt. 408. cap. 134. Crompt. 132 b.

* 22.23IV. Lamb. 507. And albeit the Certiorari be a Supersedeas of it self, yet may the party upon the Certiorari purchased, have a Supersedeas also di∣rected to the Sheriff, and commanding him that he arrest him not upon that Record before the Justices of the Peace, F. N. B. 237. E. in which place also he doubteth whether the Justices of Peace themselves ought in duty to award their own Supersedeas to the same effect, after that the Writ of Certiorari is brought to their hands.

* 22.24V. Lamb. 507, 508. This Certiorari is ever directed to the Justices of Peace, and yet, &c. the Custos Rotulorum only hath the keeping of these Records; but the ancient Commissions of the Peace had no Custos Rotulo∣rum specially named in them, &c. and then this certifying belonged to them, all which form the Writ retaineth to this day: and if it fall into Question, whether such a Certiorari were delivered to the Justices of Peace or not, that must be tryed by the Verdict of 12 men, saith 10 H. 7. 24. & 2 H. 7. 1. pl. 2. Peace, Br. 11.

VI. Lamb. 508. Now if a Certiorari come to the Justices of Peace to re∣move an Indictment, and the party sueth not to have it removed,* 22.25 but suffereth it to lye still, then the Justices of Peace may proceed notwith∣standing the Writ, as Hobard Attorney-General said, 6 H. 7. 16. for other∣wise the tryal of a Felon (if the Indictment were of Felony) might be de∣layed and deluded also. But yet Keble held opinion against him, and was fearful that in such a case it might prove Felony to make Execution of the Felon after such Writ received; and to say the truth, the Justices ought of Office to send it away, because the Writ containeth in it self a command∣ment to them so to do, Dalt. 408. cap. 134. Crompt. 133.

VII. Lamb. 508.* 22.26 And if a Certiorari come to the Justices of Peace to re∣move an Indictment, and in truth the Indictment was not taken till after the date of the Certiorari, yet if the Indictment be removed thereby it is good enough, for that they both be the Kings Courts, 1 R. 3. 4. and in such case it is now usual, F. N. B. 71. to remove it, Crompt. 132 b. 162 b. 167 b. Certiorari, Br. 15.

VIII. Lamb. 508. In the making of a Certificate upon this Certiorari,* 22.27 the Justices of the Peace ought neither to omit that which doth Authorize them, nor to exceed that Authority which belongeth unto them.

IX. Lamb. 509. For on the one side, if they certifie an Indictment of Fe∣lony, or of a Riot, as taken coram Justiciariis ad pacem,* 22.28 it was not thought enough without saying further, necnon ad diversas felonias, &c. and other∣wise it was doubtful whether the Indicted shall be quite dismissed or no, because the Justices of Peace had then no Record at all remaining with them; for the Clerk of the Peace makes his Entry accordingly, and that Record which they sent up is insufficient, and therefore the Clerk of the Crown was forbidden to receive any such Certificate, 12 H. 7. 25. but happily the new words in the reformed Commission of the Peace, will now dissolve that Prohibition, Crompt. 132. Dalt. 410. infra §. 39.

X. Lamb. 509. On the other side,* 22.29 if they certifie an Indictment of Felony not determined in B. R. they ought not without Warrant to certifie another Record of the Acquittal of that Indictee for the same matter; for nothing ought by them to be sent thither without Warrant but that which is executory and needeth the help of the higher Court, 8 Ed. 4. 18.

XI. Lamb. 509, 510.* 22.30 And if a Certiorari be to send up the Indictment of A. in which Indictment some others be Indicted together with the same A. yet need not the Justices of Peace to make Certificate concerning any but A. so 6 Ed. 4. 5. Joyntenants, Br. 33. for though they be named joynt∣ly, yet be they Indicted severally, and the King may pardon A. without forgiving the other, per Markham Ch. J. Record, Br. 57. Crompt. 132, 167. so 34 H. 8. 14. §. 3. N. 1.

XII. Lamb. 4. cap 7. pag. 510.* 22.31 Again if the Indictment be of the steal∣ing of two Horses, and the Certiorari speaketh but of one Horse, it seemeth that they need not to certifie it at all, because of the variance; for it is cer∣tain that they of the Kings-Bench will not arraign the Indictee upon it, but will rather write again to know whether there be any Indictment that agreeth with the Writ, 3 Ass. 3. per Curiam.

XIII. Lamb. 510. Finally it is noted 8 H. 5. 5.* 22.32 that Hankford Ch. J. of B. R. observed this order, that he which brought thither an Indictment taken before Justices of the Peace, should endorse his name upon the back∣side of it: which I note, not to teach them of B. R. but to let the Justices of Peace see that there is some heed to be taken of him by whom they sent up their Indictments.

XIV. 4 Ed. 3. 2. §. 1. N. 6.* 22.33 The Keepers of the Peace shall send their Indictments before the Justices Assign, &c.

* 22.34XV. 6 H. 8. 6. §. 1. N. 3. And Justices of B. R. may command all Ju∣stices of Goal-delivery, Justices of Peace, and all other Justices and Com∣missioners, and every of them, to proceed and determine upon all the afore∣said Bodies and Indictments, (of Felony and Murder so removed in B. R.) after the course of the Common Law, in such manner as any of them might or should have done if the said Prisoners or Indictments had never been brought into B. R.

* 22.35XVI. 34 & 35 H. 8. 14. §. 2. N. 1. The Clerk of the Crown, Clerk of the Peace, and Clerks of Assize, where any attainder, outlawry or convicti∣on of Murder, Burglary, Felony, &c. shall be so had, shall not only certifie a transcript briefly and in few words, containing the tenor and effect of every such Indictment, Outlawry or Conviction, and Clerk attainted before them, so to be had, &c. that is to say, the Name, Surname and addition, &c. and the certainty of the Felony or other offence, &c. and the day and place of his Outlawry, Conviction and Attainder, &c. and where and when the said Felony, &c. shall be done, before the King, &c. at Westm. &c. within 40 days next after any such Attainder, Conviction or Outlawry, if the Term be then; and if not then, within 20 days of the Term next following the said 40 days; but also shall deliver a tranfcript of every such Indict∣ment, &c. to the Ordinary, &c. 4 Inst. 182. Lamb. 580.

* 22.36XVII. 34 & 35 H. 8. 14. §. 3. N. 1. That if there be any more persons contained and named in any such Indictment, other then such person so attainted, convicted or outlawed, that then such Clerk of the Crown, Assize, or of the Peace, with whom the Record, &c. shall remain, shall within the time before, &c. certifie the transcript of such Indictment, Outlawry or Conviction only concerning such person so Indicted, Attainted, Outlawed or Convicted, into B. R. at Westm. &c.

* 22.37XVIII. 34 & 35 H. 8. 14. §. 4. N. 1. That the Clerk of the Crown in B. R. &c. shall at all such times as the Justices of Goal-delivery, or Justices of the Peace in every County within this Realm of England, do write unto him for the names of such persons which be so attainted by Outlawry, or Clerks attainted or convict, and certified in B. R. shall incontinently and without delay certifie the said Names and Surnames of the said persons, with the causes why and wherefore they were convict or attainted, unto the Justices of Goal-delivery, or Justices of Peace, &c.

* 22.38XIX. 1 & 2 Phil. & Mar. 13. §. 7. N. 1. No Writs of Habeas Corpus, or Certiorari, shall hereafter he 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 Justices, or in his absence one of the Justices of the Court out of which the same Writs shall be awarded or made, Dalt. 410. infra §. 42.

* 22.39XX. 21 Jac. 8. §. 7. N. 1. That all such Writs of Certiorari, (of Riot, Forcible Entry, or Assault, &c.) shall, &c. be delivered at some Quarter-Sessions of the Peace in open Court.

* 22.40XXI. 21 Jac. 8. §. 7. N. 2. And that the parties Indicted shall before the allowance or such Certioraries, become bound unto such, &c. which shall prosecute such Bills of Indictment against them, in 40 l. with such Sure∣ties as the Justices of Peace at their Quarter-Sessions of the Peace shall think fit; with condition to pay unto such prosecutors, &c. within a month after conviction, &c. such reasonable Costs and Damages as the said Justices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace, shall assess or allow.

* 22.41XXII. 21 Jac. 8. §. 7. N. 3. And that in default thereof, it shall be law∣ful for the said Justices to proceed, any such Writs of Certiorari to remove the same Indictments notwithstanding.

* 22.42XXIII. 13 & 14 Car. 2. 6. §. 16. N. 1. No Certiorari shall be allowed to

remove any Information, Indictment, Presentment, Order, or other pro∣ceedings in the Quarter-Sessions, of, for or concerning any matter or thing in this Act, (viz. for the Tax and Amendment of High-ways, &c.) unless the party, &c. against whom any such Information, Indictment, Present∣ment, Order, or other proceedings shall be had by vertue of this Act, shall before the allowance of such Certioraries become bound to the party, &c. prosecuting, in the sum of Fourty pounds, with such sufficient Sureties as the Justices of the Peace at their said Quarter-Sessions of the Peace shall think fit; with condition to pay unto the said prosecutors within one month after the conviction, &c. their full Costs and Damages, to be ascertained upon their Oaths; and that in default thereof, it shall be lawful for the said Justices to proceed to tryal of such Indictments, any such Writ of Cer∣tiorari to remove the same Indictments notwithstanding.

XXIV. Crompt. 131 b. 132 a.* 22.43 One was Indict of the Counterfeiting of Money before J. B. Mayor of the Vill of S. and his Companions Justices of the Peace there; and because there was no special Commission to en∣quire of High-Treasons, as other Justices of Peace have, by 3 H. 5. Stat. 2. cap. 7. which Authority ought to appear in the Title of the Certificate, with the Indictment the Prisoner went without day in B. R. whereinto the said Indictment was certified in form aforesaid, 2 R. 3. 10.

XXV. Crompt. 132. A Consetvator of the Peace may certifie in B. R.* 22.44 that such a man hath broken the Peace in his presence, and upon this Cer∣tificate the party shall be put to a Fine, without any Traverse to it, Marwood Lect. 3. Crompt. 65. §. 56. & 167 b.

XXVI. Crompt. 132. A Justice of Peace hath a Record in his hands,* 22.45 and is discharg'd of his Office, he cannot cerrifie this without a Writ of Certio∣rari, though he be made a Justice again, 8 H. 4. 5. Certiorari, Br. 9. Garrant de Attorney, Br. 9. Record, Br. 64. Dalt. 408. cap. 134.

XXVII. Crompt. 132 a. b. Nota, if a Certiorari be retorn in B. R.* 22.46 then the words are nobis mittatis; if it be to be certified into the Chancery, then it is in Cancellaria nostra, Registr. 90. if it be in C. B. then its coram Justiciariis nostris de Banco.

XXVIII. Crompt. 132 b.* 22.47 In the Certiorari to remove an Indictment of Riot, &c. it must say, necnon ad diversas felonias, &c. for to make mention who were Justices of Peace only, is not sufficient, 12 H. 7. 24, & 2 R. 3. 10. 22 Ed. 4. 12. b. Riot, Br. 186.

XXIX. Crompt. 132 b. A Certiorari may be awarded to Justices of Peace,* 22.48 to certifie a Recognizance of the Peace taken by him, 2 H. 7. 1. pl. 2. Peace, Br. 11. See 3 H. 7. 1. §. 1. N. 26. that he must certifie the Recog∣nizance to the Sessions of the Peace, but no pain is put there if it be not so, Lamb. 108. in tit. Recognizance 4. Infra 58.

XXX. Crompt. 132 b.* 22.49 The Justices de Banco may write to the Justices of Peace, to certifie an Indictment taken before them, for tryal of a Writ of Conspiracy pending there before them, 19 H. 6. 19. & 41 Ass. 22. Certio∣rari, Br. 8.

XXXI. Crompt. 132 b. A Certiorari of an Indictment came to the Justices,* 22.50 which is delivered to the Custos Rotulorum, or to the Clerk of the Peace, and the party who sued the Writ, suffer'd the day of the Retorn of th•• Certiorari to pass the Record not being removed, and afterwards brought another Certiorari; it seemeth that the Justices may proceed with Execu∣tion upon the Record, notwithstanding the second Certiorari, &c. because otherwise the party may be always delayed; and so its voucht to be ad∣judg'd 13 Ed. 4. 4. See 6 H. 7. 16. & Dyer 245. pl. accordant, Crompt. 133. 162 b. 166, 167 b. Infra 64.

XXXII. Crompt. 132 b. 133.* 22.51 If there be a variance between a Certiorari and the Record that should be remove, the Justices ought not to certifie

this Record, for if the Record cometh into Court, they will not proceed by reason of the variance; as in case where a Certiorari is to remove an In∣dictment of the stealing two Horses, and the Indictment that is removed is only of the stealing of one Horse, which was sent in B. R. by Mittimus out of the Chancery; and for that variance, &c. they would not Arraign the Indictee, but he went adieu, for there was no Warrant to Arraign him, 3 Ass. 3. Com. 393. the like of Number.

* 22.52XXXIII. Crompt. 133. The ordinary way of removing a Record into another Court, is first to sue a Certiorari out of the Chancery to remove the Record thither, and thence it shall be sent in B. R. or, &c. by Mittimus, 36 H. 8. Certiorari, Br. 20.

* 22.53XXXIV. Crompt. 133. Nota, that a Record shall not be removed by a Recordare, but by a Certiorari, or Corpus cum causa, 9 H. 6. Record, F. 3.

* 22.54XXXV. Crompt. 133 b. A Justice of Peace may deliver in B. R. an In∣dictment found before him, or a Recognizance of the Peace taken before him, or of force by him recorded, on 15 R. 2. 2. §. 1. N. 3. without any Certiorari, because he is a Judge of Record, Dalt. 408.

* 22.55XXXVI. Crompt. 133 b. A Justice of the Peace cannot carry into the Kings-Bench no Record but that which is executory, no acquittal of Felony that is executed, but that must come in by Certificate thereof, 8 Ed. 4. 18. Record, Br. 59.

* 22.56XXXVII. Crompt. 133 A Certiorari to remove into the Chancery an Indictment of a Riot, taken before Justices of Peace in the Country, is thus:

* 22.57Jacobus Dei gratia, &c. Custodibus pacis suae, ac Justiciariis suis ad diversa felontas, transgressiones, & alia malefacta in Comitatu S. perpetrata audiend' & terminand' assignat', ac Vicecomitibus ejusdem Comitatus, & eorum cuili∣bet, salutem. Volentes certis de causis Certiorari super omnibus & singulis In∣dictament' fact' & habitis coram vobis seu aliquibus vestrum de quibusvis Rio∣tis, trangress', seu aliis malefactis quibuscunque, (feloniam non tangent') unde Th. Chambers & P. B. Generosi, separatim, conjunctim, seu simul cum aliis Indict' sunt, ut dicitur, vobis mandamus quod Indictamenta predicta cum omnibus ea tangent' quibuscunque nominibus iidem T. C. & P. B. Indictamen∣tis illis censeantur, nobis sub sigillis vestris vel unus vestrum distincte & aperte mittatis & hoc Breve. Ita quod ea habeamus à die Sancti Michaelis proximi futuri in 15. dies ubicunque tunc fuerimus in Anglia, ut ulterius inde fieri faciamus, quod de jure & secundum legem & consuetudinem regni nostri Angliae fuerit faciend'. Teste meipso apud Westm. 11 die Junii, Anno regni, &c. 11.

* 22.58XXXVIII. Dalt. 407. cap. 134. The retorn of a Certiorari sent to re∣move an Indictment, may be thus:

First, upon the back-side of the Writ of Certiorari, endorse these or the like words; Executio istius Brevis patet in quadam Schedula eidem Brevi an∣nexa. And that Schedule may be thus:

Ego M. D. unus Custodum pacis ac Justiciarius Domini Regis ad pacem in dict' Comitat' S. conservand', necnon ad diversas felonias, transgressiones, & alia malefacta in eodem Comitatu perpetrata audiend' & terminand' assignat', virtute istius Brevis mihi deliberati Indictamentum illud (unde in dicto Bre∣vi fit mentio) una cum omnibus idem Indictament' tangentibus, in Cancellaria dicti Domini Regis distincte & aperte sub sigillo meo certifico. In cujus rei testimonium ego prefat' M. D. hiis present' sigillum meum apposui. Datum apud W. die, &c. Anno, &c.

Then take the Record of the Indictment, and close it within the Sche∣dule, and seal them up both together with the Certiorari.

* 22.59XXXIX. Dalt. 410. cap. 134. Note also, that upon a Certiorari to re∣move an Indictment of a Riot, or Forcible Entry, &c. the Retorn must

have these words, necnon ad diversas felonias, &c. for if the Retorn men∣tions only that they are Justices of the Peace, without the former words necnon, &c. according to the Commission, the Retorn is insufficient, 12 H. 7. 25. 2 R. 3. 9. Indictment, Br. 32. 50. & 28 H. 6. 11. Error, Br. 13. Lamb. 529. supra §. 9.

XL. Crompt. 143.* 22.60 A Writ out of the Chancery to certifie a Recognizance that is taken by a Justice of the Peace in the Country, for conservation of the Peace, is in this manner:

Jacobus, &c. Custodibus pacis nostrae in Com' S. & eorum cuilibet, salutem. Volentes certis de causis Certiorari super tenorem cujusdem securitatis pacis (vel boni gestus) quam A. P. Armig' nuper invenit coram vobis vel aliquo vestrum, de eo quod ipse damnum vel malum aliquod R. S. aut alicui alii de populo no∣stro de corpore suo, nec faceret nec fieri procuraret quovismodo: Vobis manda∣mus quod tenorem securitatis (sive boni gestus) predict' nobis in Cancellaria no∣stra in Octab' Purificat' beatae Mariae proxim' futur' ubicunque tunc fuerit, sub sigillis vestris vel unius vestrum distincte & aperte sine dilatione mittatis, & hoc sub pena cent' librar' nullatenus omittatis, nec aliquis vestrum omittat. Teste meipso apud Westm. 23 Jun. Anno, &c. Dalt. 409. cap. 134.

XLI. Crompt. 143 b.* 22.61 The form of a Certificate of a Recognizance of the Peace on the said Writ of Certiorari, is in this manner: Virtute istius Bre∣vis ego G. S. unus Custodum pacis in Com' S. infrascript', tenorem securitatis pacis unde infra fit mentio Domino Regi nunc in Cancellariam suam sub sigillo meo distincte & aperte mitto, prout patet in Schedula huic Brevi consul', &c. and then write the Recognizance verbatim, and put your Seal to the Cer∣tificate. See Rast. Entr. 416. Dalt. 185, 186. cap. 73. Crompt. 125 b. Lamb. 108.

XLII. Dalt. 410. cap. 134. Also note,* 22.62 that no Certiorari shall be granted to remove any Recognizance, except the same Writ be signed with the proper hand of the Chief Justice, or in his absence of one of the Justices of that Court out of which the same Writ shall be awarded or made, 1 & 2 Phil. & Mar. 13. §. 7. N. 1.

XLIII. Lamb. 580. The Clerk of the Peace must under the pain of 40 s.* 22.63 certifie in B. R. a true transcript of every Attainder, Outlawry and Con∣viction, had before the Justices of the Peace in any place, except Wales, Chester, Lancaster and Durham, within 40 days after, if it be then Term, and if not, then within 20 days after the beginning of the next Term, that the same may there also appear of Record, to be used upon cause as that Statute hath appointed, 34 H. 8. 14.

XLIV. Lamb. 580, 581.* 22.64 And if a Principal be attainted of Murder or Felony in one County, whereunto another is Accessory in any other Coun∣ty, then upon writing from the Justices of Goal-delivery, or of Oyer and Terminer, to the Custos Rotulorum where such Principal is attainted, he must certifie in writing under his Seal to the said Justices, whether such Principal be attainted, or otherwise discharged or not, that they may proceed thereupon to the tryal of the Accessory, 2 & 3 Ed. 6. 24. §. 4. N. 2.

XLV. Lamb. 581.* 22.65 But in cases where Justices of the Peace have power to receive Indictments, and no power to proceed any further upon them, there they ought to send up and certifie the Indictments themselves, and that of duty, as I think, without any Certiorari commanding the same; be∣cause having none Authority to hear and try the offences, the Records thereof shall be unprofitable before them, and therefore they can have no just cause to retain them; and yet for the more surety it is specially com∣manded by 5 Eliz. 1. §. 3. N. 2. that they shall certifie the Presentments of some offences against that Statute.

XLVI. Lamb. 581, 582. And so if a man bound to keep the Peace,* 22.66 do

make default of appearance at the next Quarter-Sessions, the Recognizance it self, together with the Records of that default, must be certified into the Chancery, B. R. or Exchequer, that Execution upon the Recognizance may be had there, 3 H. 7. 1. §. 1. N. 26. and so ought it as I think to be presented, that the party hath forfeited his Recognizance by breach of the Peace; and likewise if it be presented before them, that the Chattels of a man attainted of Felony, be in the hands of another, for in these and such other cases where they cannot of themselves proceed, they ought to send the Records to such as have Authority to determine upon them, and other∣wise they do not discharge that duty which the words salvis, &c. & aliis ad nos inde spectantibus, in the Commission, §. 16. do seem to expect at their hands, Crompt. 141 b.

* 22.67XLVII. Lamb. 582. The Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace, ought to be certified from thence to the Justices of Assize at the next Assizes, 35 Eliz. 1. §. 2. N. 3.

* 22.68XLVIII. Lamb. 582. Furthermore, rhe Stat. of Purveyors, 2 & 3 Phil & Mar. 6. §. 6. N. 2. doth appoint the Justices of the Peace to certifie to the Treasurer of the Kings Houshold, the Dockets of Purveyors brought to rheir Sessions by Constables, that the serving of such Commissioners, and the true answering of Purveyors, may be the better examined thereby.

* 22.69XLIX. Lamb. 582. And although it may be doubted whether these be Records or no, yet for that they are to be certified from the Sessions of the Peace, I stick not to afford them this place; and if you will also repute in this number the Licenses and such other Acts of that kind which pass at the Sessions of the Peace, I will not be against it.

* 22.70L. Lamb. 583. Touching the Certiorari it is of force, if it be made ac∣cordingly, to remove not only Indictments or other Executory Records, wherein the Justices of Peace can go no further; but also the Records of Causes fully and lawfully heard and determined by them, to the end that they may be reversed and adnulled in B. R. if good matter and cause do require it.

* 22.71LI. Lamb. 583. For that preheminence hath the Kings-Bench, as you may see by proof; yea all other the higher Courts may write to the Justices of the Peace to certifie their Records, that do make for the tryal of Causes hanging in them, as 19 H. 6. 19. Records, Br. 24. where they of C. B. did send to the Justices of Peace for an Indictment, because in a Writ of Con∣spiracy brought before them it was material to have it.

* 22.72LII. Lamb. 583. And yet neither they of C. B. nor B. R. do use to write for Indictments, or such other Records, unless they be thereto induced by a Cause hanging in their own Courts before them; for otherwise the right way to remove them, is by Certiorari out of the Chancery, from whence they may be transferred by Mittimus to any other Court, 41 Ass. 22. by Knivet Ch. J. Certiorari, Br. 8. howbeit a man may gather upon 1 R. 3. 4. b. Causea Remplee, Br. 31. (32.) that if any Record be sent up without War∣rant to such a higher Court, they may there proceed upon it, because it is thereby made a Record in that Court, and that Court is the Court of the King as well as the other.

* 22.73LIII. Lamb. 620. If the Justices of Peace having taken a Recognizance for an Alehouse, do not certifie it at the next Quarter-Sessions of the Peace, they shall lose five Marks, 5 Ed. 6. 25. §. N. Crompt. 167 a. b.

* 22.74LIV. Lamb. 620. That next Justice of Peace which doth not certifie at the next General Sessions of the Peace, such Presentments as the Overseers of Highways have before presented unto him, shall lose 5 l. for every de∣fault, 2 & 3 Phil. & Mar. 8. §. N. 5 Eliz. 13. §. N. Crompt. 125 b.

* 22.75LV. Lamb. 621. If the Justices of Peace before whom any Presentment shall be made at their Quarter-Sessions, against any person for the extolling

the Authority of the See of Rome, do not certifie the same in B. R. with∣in 40 days after, if the Term be then open, and if not then at the first day of the next full Term, they shall every of them lose 100 l. for every fault, 5 Eliz. 11. §. N.

LVI. Lamb. 621.* 22.76 Those Justices of Peace which do not certifie into the Exchequer their Examinations taken concerning the entring of Plaints by the Sheriffs, shall lose 40 s. 11 H. 7. 15. §. N.

LVII. Crompt. 125 b.* 22.77 A Presentment at Sessions by Justices of Peace of their own knowledge, of such a way not repaired, is as a Presentment of 12 men, whereon the Justices may assess a Fine, 5 Eliz. 13 §. N. & 2 & 3 Phil. & Mar. 8. §. N.

LVIII. Mich. 2 H. 7. 1. pl. 2. Peace, Br. 11.* 22.78 If a Recognizance of the Peace be taken by a Justice of Peace, this may be certified by a Certiorari, though that the Justice of Peace doth not bring it to the Sessions, nor to the Custos Rotulorum, Lamb. 109. and if a Supersedeas be retorned to the Sessions, and no Recognizance, then a Certiorari may be awarded to the same Justice to certifie the Recognizance: yet see 3 H. 7. 3. §. 1. N. 4. that the Justice shall forfeit 10 l. if he doth not certifie the Recognizance to the next Sessions.

LIX. Dalt. 173. cap. 70.* 22.79 If the Justice of Peace shall not certifie such Recognizance taken for the keeping of the Peace, at the next Sessions, 3 H. 7. 1. §. 1. N. 27. limiteth no penalty: and yet see Peace, Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions: but Mr. Brook there mentioneth 3 H. 7. 3. §. 1. N. 4. which was only for Bailment of Prisoners, and certifying the same, and so seemeth to mistake the Statute, F.N.B. 251. F. Crompt. 169.

LX. F. N. B. 251. F. And two Justices of Peace, whereof one must be of the Quorum, may let Felons suspect, or other persons that are Mainperna∣ble, to Mainprise until the next general Sessions or Goal-delivery; but the Justices of Peace there are bound to certifie this Recognizance at the next general Sessions or Goal-delivery, to the Justices on pain of forfeiture of 10 l. and this by 3 H. 7. 3. §. 1. N. 4. 1 & 2 Phil. & Mar. 13.

LXI. Crompt. 167 b. The Justices of Peace shall pay such a Fine,* 22.80 as the Justices of Assize shall assess upon them, who do not certifie to the Assizes the Examinations and Bails of Felons taken by them, according to 1 & 2 Phil. & Mar. 13. §. N. & 2 & 3 Phil. & Mar. 10.

LXII. Crompt. 169. The Stat. 3 H. 7. 1. §. 1. N. 26. saith,* 22.81 that the Re∣cognizance of the Peace shall be certified at the next Sessions of the Peace, to the intent that the party shall be demanded; but the Statute doth not give any pain in this case.

2. And if he that demands the Peace,* 22.82 releaseth the Peace before the Sessions, then it seemeth that though he do not certifie it, that the said Statute 3 H. 7. 1. §. 1. N. 26. is not offended, for he shall not be demanded in that case.

3. And see 2 H. 7. Fitzh. J. P. 2. That before the said Statute 3 H. 7. 1.* 22.83 §. 1. N. 26. none was not bound to certifie the Recognizance at the next Sessions, though it were good so to do, as appears there; because that a Certiorari may be awarded to the Justice of Peace to certifie &c. Dalt. 173. cap. 70.

LXIII. Crompt. 167 b. The Justices who enquire of a Riot by 11 H. 4. 7.* 22.84 §. N. must with the Sheriff or Under-Sheriff certifie the King and his Councel of all the Fact, and of the circumstances of the Riot where, &c. where the truth thereof cannot be found by Enquest, on pain of 100 l. to each of them who do not certifie, &c.

2. And by 19 H. 7. 13. §. N. The said Justices and the Sheriff or Under-Sheriff, must certifie the names of Mainteinors and Embraceors, by

which means the truth of the Riot where, &c. is not found, upon pain of 20 l. to each of them.

* 22.85LXIV. Crompt. 167 b. A Writ of Certiorari came to the Justices to certifie an Indictment, and the Indictment was taken after the Teste of the Certiorari, yet its well certified, for both are the Kings Courts, 1 R. 3. 4. see F.N.B. 71. the like case of Records; & supra 31.

Challenge,

see Enquest.

Champerty,

see Maintenance.

Chance-meddly,

see Coron.

Chandlers,

see Wax & Trades.

Charge,

see Sessions & Justices.

Chastisement,

see Apprentice.

Chattels,

see Forfeiture & Coron.

Cheese,

see Victual.

Chiding,

see Affray.

Children,

see Infant & Poor.

Chimney-money,

see Taxes.

Church & Church wardens.

Religion.

* 22.86I. LAmb. 412, 413. Article in charge at Sessions, If any person being above the Age of sixteen years, (and not having lawful and rea∣sonable excuse to be absent) have not repaired and resorted unto his or her Parish-Church or Chappel accustomed, or upon let thereof, to some usual place where Common-Prayer is to be used, upon every Sunday and other Holy-day, and have not there orderly and soberly abiden during the time of such Common-Prayer, Preaching, or other Service of God, and how long such person hath forborn so to repair and resort, 1 Eliz. 2. §. 14. N. 1. & 23 Eliz. 1. §. 5. N. 1. 3 Jac. 4. §. 27. N. 1.

* 22.87II. Lamb. 4. cap. 4. pag. 414. Enquiry at Sessions, If any person have maliciously striken any other with any weapon in Church or Church-yard, or drawn any weapon there to that intent, 5 & 6 Ed. 6. 4. §. N. Crompt. 16 a. b. tit. Religion, 14.

* 22.88III. Lamb. 414, 415. Enquiry at Sessions, if any person have kept Fair or Market in the Church-yard, 13 Ed. 1. St. 2. Winch. cap. 6. §. 1. N. Crompt. 16. in tit. Religion, 14. N. 5.

* 22.89IV. Lamb. 415. Article of charge in Sessions, if any person have feloni∣ously taken Goods out of any Church or Chappel, Infra 12, 13.

V. 3 Jac. 4. §. 4. N. The Church-wardens and Constables to present monthly absence.

* 22.90VI. 3 Jac. 12. §. 2. N. 3. The Constables and Church-wardens, (where offence of destroying Spawn or Fry of Fish is committed) may levy forfei∣ture by distress and sale of offenders Goods, Dalt. 55. cap. 21.

* 22.91VII. Lamb. 63, 64. tit. Church-wardens, They shall have allowance upon their account of money paid by them for relief of Prisoners, by 14 Eliz. 5.

* 22.92VIII. Lamb. 65. ibid. The Constables and Church-wardens on Tuesday and Wednesday in Easter-week, shall chuse Surveyors of Highways, &c. 2 & 3 Phil. & Mar. 8. §. N. & 5 Eliz. 13. §. N.

* 22.93IX. Lamb. 66, 67. Penalty for eating Flesh, &c. to be levied by the Church-wardens after conviction, &c. 5 Eliz. 5. §. N.

X. Lamb. 67. ibid. The Church-wardens, and four,* 22.94 three or two of eve∣ry Parish, &c. to be Overseers of the Poor, &c.

XI. Lamb. 69, 70. ibid.* 22.95 The Church-wardens with six other Parishioners to Tax, &c. for destruction of Crows and Vermin, 8 Eliz. 15.

XII. West. Preced. 2 part 128. sect. 196.* 22.96 An Indictment of Sacriledge or Burglary in a Church in the Night-time, and taking a Communion-Cup, Lamb. Preced. 4. pl. 12.

Essex. ss.

Juratores pro Domina Regina super sacrament' suum presentant, quod A. B. de C. in Com' predict' Sailer, 1 die Sept. Anno regni dictae Dominae nostrae Eliz. Dei gratia Angl. Franc. & Hibern. Reginoe, Fidei defensor', &c. tricesimo quar∣to, vi & armis Ecclesiam Parochialem de C. predict' in dict' Comitat' E. felonicè & burglariter fregit & intravit noctanter, viz. inter horas decem & undecim post meridiem ejusdem diei, ac unum Chalicem (Anglice vocat' a Communion-Cup) ad valent' 40 s. de bonis & catallis Parochianorum de C. predict' ad tunc existent' in eadem Ecclesia & tunc ibidem invent' felonice cepit & asportavit, contra pa∣cem dictoe Dominoe Reginoe nunc, coronam & dignitatem suam.

XIII. West. Symb. 2 part 128. b. sect. 197.* 23.1 A Presentment for Sacriledge or Robbery in a Church, and taking two Communion-Cups, &c.

Midd. ss.

Inquiratur, &c. Si I. M. nuper de D. in Com' M. & R. H. nuper de eadem D.predict' in Com' predict' Yeoman, Laici hominis, &c. 23 die, &c. vi & armis, viz. gladiis, baculis & cultellis, Ecclesiam Parochialem Omnium Sanctorum de E. apud E. in Com' M. predict', circa hor' 12 in nocte ejusdem diei felonice fregerunt & intraverunt, & duos Chalices de Argento & Auro, duo Vestimenta de nigro Velvet, vocat' Copes, tres pannos lineos, vocat', &c. ad valentiam, &c. de bonis & ornamentis de Parochian' de E. predict' in Com' M. predict', in custodia I. B. & I. P. Custod' & Guardian' Ecclesioe predict' ad tunc ibidem invent' felonice furati fuerunt, ceperunt & asportaverunt, contra pacem dicti Domini Regis, ac contra formam Statuti ejusdem Domini Regis, Anno regni sui 23 edit' & provisi, &c.

(viz. 23 H. 8. 1. §. 3. N. 1.

XIV. West. Symb. 2 part 128. sect. 196.* 24.1 An Indictment of Sacriledge or Burglary, &c.

Essex. ss.

Juratores pro Domino Rego super sacramentum suum presentant, quod A. B. de C. in Com' E. predict' Sailer, primo die Septemb. Anno regni, &c. vi & armis Eccles. Parochial. de C. predict' in Com' E. predict' felonice & burglariter fregit & intravit noctanter, viz. inter horas 10 & 12 post meridiem ejusdem diei, ac unum Chalicem Argent', Anglice vocat' a Communion-Cup, ad valentiam 40 s. de bonis & catallis Parochianorum de C. predict' ad tunc existent' in eadem Ec∣clesia, & tunc ibidem invent' felonice cepit & asportavit, contra pacem dicti Do∣mini Regis nunc, coronam & dignitatem suam.

XV. West. Symb. 2 part 101. sect. 93. An Indictment for drawing a Dag∣ger in the Church Yard with intent to strike, Lamb. Precedents 4 b. pl. 11.

Essex ss.

Inquiratur pro Domino Rege si O. F. de L. in Com' E. predict' Generosus 8 die &c. in Coemiterio Eccles. parochialis de L. predict' in dicto Com' malitiosè extraxit Pugionem suum in quendam J. S. de L. predict' Yeoman ea Intentione ad percutiend' predict' J. S. cum dicto Pugione contrà pacem dicti Domini Regis nunc, ac contrà Form' statut' in Parliam' Domini Edvardi nuper Regis Anglioe sexti tent' apud Westm' in Com' Middlesex, Anno Regni dicti nuper Domini Regis V. in hujusmo∣di Casu provisi ac Editi 5 & 6 Ed. 6. cap. 4. § 3, N. 1.

XVI. West. Symb. 2 part 101. b. sect. 94. An Indictment for Fighting in the Church-Yard with a Weapon, contrà to 5 & 6 Ed. 6. cap. 4. § 3. N. 1. Crumpt. 268. pl. 108.

Essex ss.

Juratores pro Domino Rege super sacrament' suum presentant quod cum in statut' in Parliam' Domini Edw.x nuper Regis Angl' 6 apud Westm' Anno Reg∣ni sui V. tent' Edit' inter cetera stabilit' Existit, &c. quod si aliqua persona ad aliquod tempus post primum diem Maii tunc proxim' sequent' malitiosè percuteret aliquam personam cum aliquibus Armis in aliqua Ecclesia seu Coemiterio, Intentio∣ne

ad percutiend' alium cum eisdem Armis, quod tunc quilibet persona sic offendens & inde convict' per veredict' xii hominum vel per suam propriam Confessionem vel per 11 legales Testes corā Justiciar' Assizar' Justiciar' audiend' & terminand' sive Justiciar' Pacis in Sessionibus suis virtute illius actus adjudicaret' per eosdem Ju∣sticiar' coram quibus talis persona sic convinceretur ad Habend' unam Anrium sua∣rum abscissam, & si illa persona sive personoe sic offendent' non haberet sive non habe∣rent aliquas Aures ita quod illius modi Poenam subiret ut prefertur, quod tunc ipse vel ipsi signarentur in Bucca Anglicè Cheek Ferro candenti Angl' a hot Iron ha∣bent Hanc literam F. per quam ipse vel ipsi cognosci & haberi possint pugnar' af∣fectores & pugnatores & ultra hoc quilibet talis persona foret, & staret ipso facto excommunicat' prout in statut' plenius Continetur.

Quidam tamen G. B. nuper de S. &c. 2 Die Junii &c. vi & Armis, viz. &c. cum quodam Pugione in quendam T.C. in pace Dei & Dict' Domini Regis existent' apud C. in Com' E. predict' in Coemiterio Ecclesiee Parochialis de C. predict' Insul∣tum fecit & ipsum T. super Caput suum ad tunc & ibidem malitiosè percussit, & alia Enormia ei intulit ad grave Damnum ipsius T. & contrà Pacem dicti Domi∣ni Regis nunc &c. ac Contra form' Statut' predict' &c.

Cinque-Ports.

* 27.1I. Dalt. 163. cap. 68. If a man hath cause to have Surety of the Peace against one dwelling in the Cinque-Ports, he must have a Writ out of the Chancery directed to the Constable of Dover, and to the Warden of the Cinque-Ports; the form thereof see F.N.B. 80.

Circumstances,

see Proof &c Examination.

Citation,

see Ordinary.

Claim,

see Market Overt.

Clergy,

see Coron.

Clerk of the Market,

see Market Overt.

Clerk of the Peace,

see Peace.

Cloth,

see Draperp.

Cod,

see Fish.

Coertion,

see Process & Duress.

Coffee-houses,

see Ale.

Collectors,

see Account & Taxes.

Collusion.

Fraud, Covin, Cheats, Cozening, Deceits, Counterfeits, Forgery.

* 27.2I. 33 H. 8. 1. §. 3. N. 1. Two Justices of Peace in every County; whereof one to be of the Quorum, shall have power to call and convent by Process or otherwise, to the said Assizes or general Sessions, any suspected of gaining mo∣ney by false Tokens, or counterfeit Letters, &c. and to commit him or them to ward, or let him or them to Bail till the next Assizes or general Sessions, there to be examined, and further to be ordered by their discretions, Dalt. 47. cap. 17.

* 27.3II. Dalt. 47, 48. cap. 7. Also it seemeth, that any one Justice of Peace may bind such offender (as Cheaters) to their Good behaviour, and so to the next Assizes or Sessions of the Peace, or else may send such offenders (as idle and dis∣orderly persons) to the House of Correction, there to be continued until the next Assizes or Sessions, and then and there to be forthcoming: yet Quoere of sending them to the House of Correction.

Commission,

see Justices.

Commitment,

see Imprisonment.

Common-Prayer,

see Religion.

Common.

I. 32 H. 8. 13. §. 6. N. 1. Shall be driven at the Feast of St. Michael,* 27.4 or within 15 days next.

II. Lamb. 475, 476. Enquiry in Sessions,* 27.5 if any have put to feed in any Forest, Chace, Moor, Marsh, Heath, Common, or Waste ground within this Shire, where any Mares are used to be kept, any Stoned Horse being above two years old and not being fourteen handfuls high between the lowest part of the Hoof, and the top of the Wither; if any such Forest or Grounds have not been yearly driven within 15 days after Michaelmas, by the Owners or Officers thereto appointed, 32 H. 8. 13.

III. West. Symb. 2 part 112 b. sect. 132.* 27.6 An Indictment for Inclosing of a Common, &c. Crompt. 260. pl. 92.

Juratores pro Domino Rege super sacramentum suum presentant,* 27.7 quod est & à tempore quo memoria hominum non existit, fuit & esse consuevit apud Villam de A. in Com' E. predict', quaedam antiqua Communia vocat' M. eidem Villae adjacens, ac per spacium unius milliarii ab eadem Villa extendens, pro omnibus hominibus & tenent' infra Villam predict' moram trahentibus cum bobus, afris, porcis, bidentibus, & aliis averiis suis per totum annum infra Commumniam predict' depascend', quod{que} omnes illi infra Villam predict' moram trahentes à tempore quo memoria hominum non existit infra Villam predict' Communiam pro Averiis suis predict' ibidem habuere, debuerunt & consueve∣runt, quousque R. C. cum aliis ignotis de Communia sua ei associatis, vi & ar∣mis, scil gladiis, &c. 10 die, &c. Anno regni, &c. apud A. in parochia de A. predict' de Communia predict' injuria sua propria, & absque titulo, clameo seu possessione per ipsos habitis, mille acras ibidem cum sepibus & fossatis sibi inclusit & obstupavit, & illas sic inclusas & obstupat' ut separale solum suum à predicto die, &c. usque, &c. tenuit & occupavit, in prejudicium & damnum nocument' & impediment' omnium hominum & tenentium predictorum infra Commumniam predict' Communiam habentium, necnon contra consuet' predict', & contra pacem dicti Domini Regis, &c.

Concealment,

see Omission.

Condition,

see Recognizance.

Confession,

see Proof.

Congregation,

see Riot.

Conies,

see Forest & Cattel.

Coyn,

see Money.

Conjuration.

Witchcraft, Prophesies, Egyptians.

I. LAmb. 4. cap. 4. pag. 410, 411. Enquiry in Sessions,* 27.8 if any person have within these six months, advisedly advanced, published and set forth by writing, Printing, open speech or deed, to any other person, any fantastical or false Prophesie upon Arms, Fields, Beasts or Badges, or upon any Time, Name, Bloudshed or War, to make thereby Rebellion, dissention, loss of life, or other disturbance within the Kings Dominions, 5 Eliz. 15. §. N. Crompt. 52. a: b.

II. Lamb. 410. Enquiry in Sessions,* 27.9 if any person have used Invocation or Conjuration of any evil Spirit, for any cause, or consulted with, fed or rewarded any evil Spirit for any intent.

2. Or have taken up the dead body of any Man, Woman or Child, or any part of any dead person, to be used in any manner of Witchcraft, Sor∣cery, Charm or Inchantment.

3. Or have used Witchcraft, Inchantment, Charm or Sorcery, whereby any person hath been killed, destroyed, wasted, consumed, pined or lamed in his Body, or part thereof.

4. If any have undertaken by Witchcraft, Inchantment, Charm or Sor∣cery, to tell in what place any Treasure of Gold or Silver might be found, or where Goods lost or stoln should be become, or to the intent to pro∣voke any person to unlawful Love, or to destroy or impair any persons Goods, or to hurt any person in Body, although the same were not effected, 1 Jac. 12. §. 3. N. 1. Crompt. 52 b. Hales Pleas of the Crown, tit. Witchcraft.

* 27.10III. Lamb. 556. Conjurers or Witches, their aiders or counsellors, shall neither have Sanctuary nor Clergy, 1 Jac. 12. §. 4. N. 2.

* 27.11IV. Dalt. 276. (273. bis) cap. 107. Now against these Witches being the most cruel, revengeful, and bloudy of all the rest, the Justices of Peace may not always expect direct Evidence, seeing all their works are the works of darkness, and no witnesses present with them to accuse them; and therefore for their better discovery, I thought good here to insert cer∣tain observations, partly out of the Book of discovery of the Witches that were Arraigned at Lancaster, An. Dom. 1612. before Sir James Altham, and Sir Edward Bromley, Judges of Assize there, and partly out of Mr. Ber∣nards Guide to Grand-Jury-men, Bolt. J. P. 97. cap. 23.

1. These Witches have ordinarily a Familiar or Spirit, which appeareth unto them sometimes in one shape, sometimes in another, as of a Man, Woman, Boy, Dog, Cat, Foal, Fowl, Hare, Rat, Toad, &c. and to these their Spirits they give Names, and they meet together to Christen them, as they speak, Bern. 107, 113.

2. Their said Familiar hath some big or little Teat upon their Body, where he sucketh them; and besides their sucking, the Devil leaveth other marks upon their Body, sometimes like a blue spot, or red spot like a Flea-biting, sometimes the flesh sunk in and hollow, all which for a time may be covered, yea taken away, but will come again to their old form; and these the Devils marks be insensible, and being pricked will not bleed, and be often in their secretest parts, and therefore require diligent and careful search, Bern. 112, 219. These first two are main points to disco∣ver and convict these Witches, for they prove fully, that those Witches have a Familiar, and made a League with the Devil, Bern. 60. So likewise if the suspected be proved to have been heard to call upon their Spirit, or to talk to them, or of them, or have offered them to others; so if they have been seen with their Spirit, or seen to feed something secretly, these are proofs they have a Familiar, &c. Bolt. 97. cap. 23.

3. They have often Pictures of Clay or Wax, like a Man, &c. made of such as they would bewitch, found in their House, or which they roast or bury in the Earth, that as the Picture consumes, so may the parties bewit∣ched consume, Bolt. 97. cap. 23.

4. Other presumptions against these Witches, as if they be given to usual cursing and bitter Imprecations, and withal use threatnings to be re∣venged, and their Imprecations or some other mischief presently followeth, Bern. 61, 205.

5. Their implicite confession, as when they shall accuse them for hurting them or their Cattel, they shall answer, You should have let me alone then, or I have not hurt you as yet: these and the like speeches are in manner of a confession of their power of hurting, Bern. 206.

6. Their diligent enquiry after the sick party, or coming to visit

him or her unsent for, but especially being forbidden the House.

7. Their apparition to the sick party in his Fits.

8. The sick party in his Fits naming the parties suspected, and where they be, or have been, or what they do, if truly.

9. The common report of their Neighbours, especially if the party sus∣pected be of Kin, or Servant to, or familiar with a convicted Witch.

10. The testimony of other Witches, confessing their own Witchcrafts, and witnessing against the suspected, that they have Spirits or marks, that they have been at their meetings, that they have told them what harm they have done, &c. Bern. 212, 223.

11. If the dead Body bleed upon the Witches touching it, Bolt. 97. cap. 23.

12. The testimony of the person hurt upon his death, Bolt. 97. cap. 23.

13. The examination and confession of the Children (able and fit to answer) or Servants of the Witch, especially concerning the first six obser∣vations, scil. of the party suspected her threatnings and cursings of the sick party, her enquiry after the sick party, her boasting or rejoycing at the sick parties trouble: also whether they have seen her call upon, speak to, or feed any Spirit or such like, or have heard her foretell of this mishap, or speak of her power to hurt, or of her transportation to this or that place, &c. Bolt. 97. cap. 23.

14. Their own voluntary confession, (which exceeds all other evidence) scil. of the hurt they have done, or of the giving of their Souls to the Devil, and of the Spirits which they have, how many, how they call them, and how they came by them, Bolt. 98. cap. 23.

15. Besides, upon the apprehension of any suspected, to search also their Houses diligently for Pictures of Clay or Wax, &c. Hair cut, Bones, Pow∣ders, Books of Witchcrafts, Charms, and for Pots or places where their Spirits may be kept, the smell of which place will stink detestably.

V. Dalt. (274.) cap. 107.* 27.12 Now to shew you further some signs to know whether the sick party be bewitched: 1. When a healthful Body shall be suddenly taken, &c. without probable reason or natural cause appearing, &c. Bern. 169.

2. When two or more are taken in the like strange Fits in many things.

3. When the afflicted party in his Fits doth tell truly many things that the Witch, or other persons absent are doing or saying, and the like.

4. When the parties shall do many things strangely, or speak many things to purpose, and yet out of their Fits know not any thing thereof.

5. When there is a strength supernatural, as that a strong man or two shall not be able to keep down a Child or weak person upon a Bed.

6. When the party doth vomit up crooked Pins, Needles, Nails, Coals, Lead, Straw, Hair, or the like.

7. When the party shall see visibly some Apparition, and shortly after some mischief shall befall him, Bern. 173.

VI. Dalt. (274, 275.) cap. 107.* 27.13 Note for the better riddance of these Witches, there must good care be had as well in their Examinations taken by the Justices, as also in the drawing of their Indictments, that the same be both of them set down directly in the material points; as,

• 1. That the Witch or party suspected hath used Invocation of some Spirit.
• 2. That they have consulted or covenanted with their Spirit.
• 3. That they imployed their Spirit.
• 4. That they have fed or rewarded their Spirit.
• 5. That they have killed or lamed, &c. some person, &c.
• 6. And not to Indict them generally for being Witches, &c.

* 27.14VII. Lamb. Preced. 4. pl. 9. An Indictment for killing a man by Witch∣craft, West. Preced. 2 part 134. sect. 222.

* 27.15Juratores pro Dom' Rege super sacramentum suum presentant, quod Sarah B. de C. in Com' predicto vidua, 20 die Aug' Anno regni dicti Dom' nostri Jacobi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis. Fidei defensoris, &c. ac diversis aliis diebus post dictum 20 diem, quasdam Artes detestandas, Anglice vocat' Witchcraft and Sorcery, nequiter & felonice practicavit & exercuit apud C. predict' in Comitatu predicto, in super & contra quendam Johannem N. de C. predict' in dicto Comitatu Labourer, per quas quidem Ar∣tes dict' J. N. a predicto 20 die Augusti Anno supradict', usque 24 diem predict' mensis Augusti Anno supradict', periculosissime ac mortaliter aegrotabat & languebat, ac eodem 24 die Augusti Anno supradict' idem J. N. per Artes pre∣dictas apud C. predict' in Comitatu predict' obiit, & sic Juratores predicti pre∣sentant, quod eadem Sarah ipsum Johannem N. apud C. predict' modo & for∣ma supradictis, ex malitia precogitata voluntarie diabolice nequiter & felo∣nice per Artes predictas occidit ac interfecit, contra pacem dicti Domini Re∣gis nostri, ac contra formam Statuti in Parliament' dicti Domini Regis nostri tent' apud Westm. in Com' Midd. Anno regni sui predicti primo, in hujusmodi casu provisi ac editi.

* 27.16VIII. Lamb. Preced. 4. pl. 10. A Presentment for bewitching a Horse, West. Preced. 2 part 134 b. sect. 223.

* 27.17Inquiratur pro Domino Rege, si Sarah B. de C. in dicto Comitatu vidua, 20 die Augusti Anno regni dicti Domini nostri Jacobi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei defensoris, &c. quasdam Artes ne∣quissimas, Anglice vocat' Inchantments and Charms, apud C. predict' in Comitatu predict' malitiose & diabolice in super & contra quendam Equum coloris albi pretii quatuor librarum, de bonis & catallis cujusdam I. S. de C. predicta in dicto Comitatu Generosi existentem, exercuit & practicavit, per quod idem Equus dicti I. S. 20 die predict' apud C. predict' omnino impejora∣tus est & vastatus, contra pacem dicti Domini Regis, ac contra form' Statuti in hujusmodi casu provisi ac editi.

* 27.18IX. West. Symb. 2 part 134 b. sect. 222. An Indictment of killing a man by Witchcraft, on 5 Eliz. cap. 16.

* 27.19Inquiratur pro Domino Rege, si Mary L. de A. in Com' E. Spinster, 24 Junii Anno regni, &c. ac diversis aliis diebus & vicibus tam antea quam postea, Deum pre oculis suis non habens, sed instigatione diabolica seduct', quasdam malas diabolicas Artes, Anglice vocat' Witchcrafts, Charms and Sorceries, nequiter diabolice & felonice apud H. predict' in Com' E. predict', ex malitia sua precogitata usa fuit, practicavit & exercuit, in & super quen∣dam W. N. pretextu cujus predict' W. à predict' 24 die Junii Anno supradict', usque 24 diem Decemb. Anno regni, &c. predict' languebat, quo quidem 24 die Decemb. supradict' predict' W. ratione practicationis & exercitation' diabolicum Artium predict' apud H. predict' in Com' E. predict' obiit, & sic predict' M. ipsum W. apud H. predict' in Com' E. predict' modo & forma su∣pradict' & ex malitia sua precogitat' interfecit, contra pacem dicti Domini Regis, & contra form' Statuti, &c.

Conspiracy.

Confederacy.

* 27.20I. LAmb. 1. cap. 12. pag. 61. And if the Justices of the Peace may by ver∣tue of their Commission, deal with such Conspirators as do confede∣rate together, to cause any person unjustly to be Indicted of Felony, where∣of afterwards he is acquitted, (as some do think they may) then is there a special punishment called the Villanous Judgment, &c. in 24 Ed. 3. 74. 4 H. 5. Judgment 220. & 27 Ass. 59.

II. Lamb. 4. cap. 5. pag. 498, 499. Though it be said,* 27.21 35 H. 6. 14. & 12 Ed. 4. 18. if a Bill of Indictment be delivered to a Justice of the Peace, at or before the Sessions, which he promiseth to read and to deliver to the Jury, and so doth accordingly, that he shall not be charged for it in a Writ of Conspiracy; yet may it be thereupon doubted, whether he shall be excused if upon conference had he do busie himself either to draw, engross, or amend the Bill, before it be preferred to the Enquest that shall have it.

III. Crompt. 50 b. 51. Enquiry in Sessions,* 27.22 of Conspiracy to enlarge Pri∣soners commit by the Kings commandment, to take Castles, &c. against 14 Eliz. 2.

IV. Crompt. 56 a. b. Nota, that though these be Felonies by Statute,* 27.23 yet the Justices of Peace cannot enquire of them, as it seemeth, (viz. 3 H. 7. 13. §. 1. N. 4.) If any Servant (admitted to be the Kings Servant sworn, and his name put into the Cheque Roll, &c. under the state of a Lord) make any Confederacies, Compassing, Conspiracies, or Imaginations with any person to destroy or murder the King, or any Lord of this Realm, or any other person sworn to the Kings Councel, Steward, Treasurer, Comptroller of the Kings House.

V. Lamb. 4. cap. 4. pag. 448. Enquiry at Sessions, if any Butchers,* 27.24 Ba∣kers, Brewers, Poulterers, Cooks, Fruiterers, or any mystery of any of them, have conspired or taken any Oath or promise not to sell but at prices certain agreed between them, against 2 & 3 Ed. 6. 15. §. 1. N. 2. Crompt. 83. Infra 8.

VI. Lamb. 454. Enquiry at Sessions, if any Artificer,* 27.25 Workman or La∣bourers have conspired or promised together, or made any Oaths that they will not do their Works but at a certain price or rate, or but at certain times, or but a certain work in a day, or that one of them shall not take upon him to finish that which another hath begun, against 2 & 3 Ed. 6. 15. §. 1. N. 4. Crompt. 83.

VII. Crompt. 83. So much of the Statute 2 & 3 Ed. 6. 15. §. 1. N. 4. as concerns Artificers,* 27.26 Labourers, &c. is repeal by 5 Eliz. 4. §. N. as it seemeth, Quaere. See 3 H. 6. 1. §. N. where Congregations of Masons shall be Felony.

VIII. Crompt. 131 b. Butchers, Brewers, Bakers, Poulterers, Cooks,* 27.27 Ar∣tificers, Workmen, &c. who conspire, covenant, or &c. that they will not sell their Victual but at certain prices, or will not work, &c. may be con∣victed by witnesses, confession or otherwise, as appears by the said Statute 2 & 3 Ed. 6. 15. §. 1. N. 5. supra 5.

IX. West. Symb. 2 part 102. sect. 97.* 27.28 An Indictment for Conspiracy to Indict one for stealing a Horse, Pract. Preced. 83.

Juratores pro Domino Rege super sacramentum suum presentant,* 27.29 quod I. P. nuper de I. in Com' E. predict', & R. B. nuper de C. in predicto Com' E. Ge∣nerosos, una cum aliis quamplurimis personis adhuc ignotis, contra legem Do∣mini Regis, ac formam Statutorum in hujusmodi casu provisorum, conspiratione & covina apud T. predict' 8 die, &c. habit', & diversis temporibus postea simul unit', confederat' & jurat', falso fraudulenter & malitiose venerunt ad vindicand', destruend', perturband', placitand', adnihiland', & finaliter ad∣nulland' fideles & innocentes ligeos dicti Domini Regis, pro lucro ad eorum proprium usum capiendo societatem inierunt & adinvicem juraverunt ad simul standum, contra dictum Dominum Regem, & quoscunque ligeos suos, in omni∣bus & singulis materiis, placitis & querelis per ipsos & eorum quemlibet motis seu movendis: & si eorum aliquis cum aliquo placita, materiam seu quaerelam moveret, quod ipsi & eorum quilibet cum eo sic materiam, quaerelam scu placi∣tum movent stare & perseverare deberent & deberet, & si aliquis eorum ali∣quam quaerelam seu placitum nomine alterius personae cujuscunque, versus aliam

personam super se assumpserit manutenend' extunc eorum quilibet quaerelam, sectam seu placit' predict' tanquam quaerelam, sectam seu placitum nomine eo∣rum prosecut' manuteneret, foveret & teneret recto, veritate justitia & jure omnino postpositis & sublat': Virtute quorum quidem unionis, conspirationis, juramenti, confederationis & manutentionis, predictorum I. P. R. B. & al' sic in unum Globat' & Jurat' postea viz. &c. die &c. Anno &c. conspiratione inde inter eos apud C. in Com' predict' prehabita quendam I. H. de eo quod ipse 3 die, &c. Anno, &c. unum Equum pretii, &c. de bonis & catallis predict' I. P. & R. B. apud S. invent' felonice furatus fuit, cepit & abduxit falso & malitiose Indictari procuraverunt, & predict' I. P. & R. B. & alii modo & forma predict' uniti & confederati, diversa falsa placita, sectas & quaerelas innumerabiles tam nominibus eorum propriis, quam nominibus aliarum perso∣narum eis falso & malitiose congregat' & uniti prosecuti fuerunt & manute∣nuerunt, & indies prosequuntur & manutenent, viz. predict' I. P. ad Hundred' Domini P. Militis apud C. predict' 13 die, &c. Anno, &c. tent' eodem I. ad tunc Ballivo ejusd' Hundredi existent, ad statum & possessionem R. S. & A. uxoris suae adnulland', & pro eo quod ad quamlibet Curiam Hundredi ibidem successive tenend' predict' R. uxorem suam ibidem producere requiret, ita quod excessiva Amerciamenta in status eorum depauperationem fuerent & evenerent consideratione Taxator' Amerciament' Curiae predict' semper de covina predict' I. P. extiterunt 13 quaerelas de placito transgressionis nomine W. Y. & R. B. quatuor quaerelas transgr' nomine W. E. absque vera materia seu justa causa separat' versus predict' R. S. & A. levavit & intravit, ac predict' querentes hujusmodi quaerelas levare procuravit, ad grave damnum ipsorum R. & A. & contra formam ordinationis in hujusmodi casu provisi, &c.

* 27.30X. West. Symb. 2 part 103. sect. 98. An Indictment for a Conspiracy of divers Bakers, touching the making of Bread, Pract. Preced. 108. 2 & 3 Ed. 6. cap. 15.

* 27.31Juratores pro Domine Rege super sacramentum suum presentant, quod A. B. C. D. E. F. G. H. &c. de M. in dict' Comitat' L. Pistores, 2 die Octob. Anno regni, &c. apud M. predict' in Com' L. predict' insimul convenerunt, conspira∣verunt, ac mutuo inter se promiserunt, quod panes denarii de integro frumento per eos seu eorum aliquem tum deinceps faciend' ac vendend' non amplius quam 2 libr. & 6 uncias Troici ponderis habebit & ponderabit, quodcunque in poste∣rum foret unius quarterii frumenti pretium, in dicti Domini Regis contempt', ac in extrem' pauperum dicti Domini Regis subditorum gravamen, necnon contra form' Statut' in hujusmodi casu provisorum ac editorum.

Constable.

Officer, Headborough, Thirdborough, Tythingman, Pety-Constable, Borsholder.

* 27.32I. LAmb. 1. cap. 3. pag. 14. These Constables were ordained (as it ap∣peareth by 3 H. 4. 9. & 10 H. 4. & Fitzh. 172.) to keep the Peace, and to repress Felons, and might take Surety of the Peace by Obligation, if they found any man making an Affray, or otherwise commit him to Pri∣son until he should find such Surety, Br. 23. Dalt. 4. cap. 1.

* 27.33II. Crompt. 6 b. §. 5. Item the Constables of Hundreds, Vills, Wapentakes, Laths and Tythings, were and are Conservators of the Peace by the Com∣mon Law, within the Hundreds and their Limits, as appears tit. Constables 222 b. & 12 H. 7. 17. & 5 H. 7. 6. 20 Ed. 4. 27. & 13 H. 7. 10.

* 27.34III. Crompt. 222 b. And before the Statutes that made Justices of the Peace, the King by his Commission made Conservators of his Peace in the Counties and places where it seemed good to him so to do, and the Autho∣rity that was in the Conservators of the Peace by the Common Law, is the

same Authority that the Constable of a Vill or Wapentake hath at this day by the Common Law, Dalt. 47. cap. 16. Infra §. 54, 56.

IV. Dalt. 3. cap. 1.* 27.35 The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Limits, by the Common Law, 12 H. 7. 18. Crompt. 6 b. 222 b. and therefore these High-Constables at their Pety-Sessions for any Affray made in disturbance of their Court, may imprison the offenders, 11 Co. 43, 44. Dalt. 46. cap. 16.

V. Dalt. 3. cap. 1.* 27.36 Every Pety-Constable within the limits of their se∣veral Towns, be Conservators of the Peace at the Common Law, by vertue of their Office; see tit. Affray, & Forcible Entry, Dalt. 204. cap. 78. and these Pety-Constables may do what they can to keep the Peace, but they cannot take Surety of the Peace at the request of any man, Crompt. 6 b. 222 b. 12 H. 7. 18. Infra 17. Kitch. 47 b. Infra §. 65.

VI. Lamb. 1. cap. 3. pag. 15.* 27.37 I have read also that a Constable might at the Common Law, have Bailed a suspect of Felony by Obligat', because he was a Conservator of the peace, and that both he and the Sheriff lost this Authority by the Statutes 3 H. 7. 3. §. 1. N. 2. & 1 & 2 Phil. & Mar. 13. the which Statutes in giving that power to Justices of the Peace, do in the opinion of some men take it from the Sheriff and Constable; reported by Justice Dalison.

VII. Lamb. 1. cap. 13. pag. 65.* 27.38 And if a Justice of Peace make any War∣rant, although it be beyond his Authority, yet is it not disputable by a Constable or other Ministers, but must be obey'd, Lamb. Duty of Consta∣ble, 19, 20.

VIII. Lamb. 2. cap. 2. pag. 118, 119.* 27.39 Besides this, you may see admit∣ted 13 H. 7. 10. Recogn. Br. 14. by the opinion of the Court, that if a man in the Night-season haunt a House that is suspected for Bawdry, or use suspicious Company, then may the Constable Arrest him to find Sureties of his Good abearing, Lamb. Duty of Constable, 12, 13. Kitch. 48 b.

IX. Lamb. 2. cap. 3. pag. 134.* 27.40 If one do make an Affray upon a Justice of the Peace, Constable, or such other Officer, he may not only defend himself, but may also apprehend the offender, and send him to the Goal till he will find Sureties of the Peace, 5 H. 7. 6. Crompt. 223. Kitch. 48 a. b.

X. Lamb. 134. ibid. And the Justice or Constable may, if need be,* 27.41 com∣mand assistance of the Kings people for the pacifying of an Affray, Dalt. 33. cap. 8. Kitch. 48 a. b.

XI. Lamb. 134. ibid.* 27.42 If he that maketh an Affray do flee into a House when the Justice of Peace or Constable cometh to Arrest him, they may also in Fresh Suit break open the doors and take him, by Marwood; or if he flee thence, they may make Fresh Suit and Arrest him though in another County, by the opinion of some men, 13 Ed. 4. 9. and it should seem by the reason of that Book, that in this case also they may break open the doors to apprehend him, Lamb. Duty of Constable, 15.

XII. Lamb. 134, 135.* 27.43 Now if the Constable do Arrest one that hath hurt another, and do wilfully suffer him to escape, and then he that was hurt dieth thereof within the year and day, the Constable shall make a great Fine, and that to the value of his Goods, in the opinion of some, 11 H. 4. 12. & Stamf. 35. Lamb. Duty of Constable, 16, 22, 23.

XIII. Lamb. Duty of Constable, 5. Out of which Office (viz.* 27.44 of Consta∣ble of England) this lower Constableship was at the first drawn and fetcht, and is as it were a very Finger of that hand, 13 Rich. 2. 2. for the Statute of Winchester, 13 Ed. 1. St. 2. cap. 6. §. 1. N. 11. by which these lower Constables of Hundreds and Franchises were first ordained, doth amongst other things appoint, that for the better keeping of the Peace, two Consta∣bles in every Hundred and Franchise should make the view of Armour,

and 13 Ed. 1. St. 2. cap. 6. §. 1. N. 12. shall present before Justices assigned such defaults as they do see in the Country about Armour, and of the Suits of Towns, and of Highways: and also shall present all such as do lodge Strangers in uplandish Towns, for whom they will not answer, Dalt. 46. cap. 16. infra 54. supra 3.

* 27.45XIV. Lamb. Duty of Constable, 9. For as about the beginning of the Reign of Ed. 3. Pety-Constables were devised in Towns and Parishes for the aid of the Constables of the Hundred, (or High-Constables) so of later times also Borsholders, Tythingmen, Headboroughs, and such like have been used as Pety-Constables within their own Boroughs and Tythings, Dalt. 46. cap. 16. infra §. 54. 4 Ed. 3. 3. 10.

* 27.46XV. Lamb. Duty of Constable, 12. §. 13. Any of these Officers may also Arrest such strange persons as do walk abroad in the Night-season, and for that cause 13 Ed. 1. cap. 4. of Winchester, did ordain, that Night-watches should be kept yearly, &c. and of these Watches the Officers, &c. have the charge within the limits or places of their Authorities; as the Constable in his Town, the Borsholder in his Borough, and the High-Constable within all his Hundred: and these Officers ought to see these Watches duly set and kept, and ought also to cause Hue-and-cry to be raised after such as will not obey the Arrest of such Watchmen.

* 27.47XVI. Lamb. ibid. 13, 14. Again, if any person whatsoever (except the Kings Servants and Ministers in his presence, or in executing his Precepts, or other Officers, or such as shall assist them, and except it be upon Hue-and-cry made to keep the Peace, &c.) shall be so bold as to go or ride Armed, by night or by day, in Fairs, Markets, or any other places, against 2 Ed. 3. 3. §. 1. N. 4. then any Constable, or any of the said Officers may take such Armour from him for the Kings use, and may also commit him to the Goal; and therefore it shall be good in this behalf for these Officers to stay and Arrest all such persons as they shall find to carry Dags or Pistols, or to be apparelled with Privy-Coats or Doublets, as by the Pro∣clamation made 21 Eliz. they are specially commanded, 12 Rich. 2. 6. Crompt. 223 b.

* 27.48XVII. Lamb. Duty of Constable, 14. If any man do threaten to kill ano∣ther, and he which is so threatned do pray any of these Officers to Arrest the other to find Sureties of the Peace, then may such an Officer Arrest him to find such Surety before a Justice of the Peace, and may also carry him to Prison if he refuse to find it; but if he yield to go, it shall be good to take the party threatned to the Justice with him, supra 5. Crompt. 223. Kitch. 47 b. & 4 Ed. 3. Barre 102.

* 27.49XVIII. Lamb. ibid. 15. If a Constable or any other of the said Officers, shall see any men going about to break the Peace, as by using hot words, by which an Affray is like to grow, then ought such Officers to command those persons to avoid upon pain of Imprisonment: and if they will not depart, but shall draw weapon or give any blow, then ought he to do his best to depart them and to keep them asunder, and he may for that pur∣pose both use his own weapon, and may also call others to assist him, 3 H. 7. 10. & 21 H. 7. 21.

* 27.50XIX. Lamb. Duty of Constable, 17. Any of these Officers may of his own Authority, Arrest one that is Indicted of Felony; so if the common voice and fame be, that A. B. hath done a Felony, that is sufficient cause for any of these Officers that shall therefore suspect him, to Arrest him for it, Dalt. 303, 352, 353.

* 27.51XX. Lamb. Duty of Constable, 17, 18. And if any man shall flee upon Felony, it is the Office of the Constable of the Town, or of any of those other Officers there, to seize his Goods, and to keep them safely, for he is to answer for the loss or impairing of them, and therefore it is meet that

he do it by Inventory taken in the presence, and by the testimony of the honest Neighbours, 3 Ed. 3. iter Northumb. 1 R. 3. 3. §. 1. N. 4. Dalt. 293. cap. 110. Poult. de Pace 235. Forfeiture, 44. 33. 70. Stamf. 192.

XXI. Lamb. ibid. 18. I like well of their opinion which do hold 1 H. 7.* 27.52 7. that if Information be given to any such Officer, that a man and a woman be in Adultry or Fornication together, then the Officer may take company with him; and that if he find them so, he may carry them to Prison.

XXII. Lamb. ibid. 18. But this is to be marked,* 27.53 that in the cases be∣fore, and such-like, 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, until that convenient provision of strength may be made to convey him safely thither, 22 Ed. 3. 35. & 3 H. 4. 9. Crompt. 224.

XXIII. Lamb. Duty of Constable, 20, 21, 22.* 27.54 If a Warrant for the peace or good abearing happen to be directed to any of these said Officers, then ought he with all speed and secresie to find out the party; and then also may he lay his hands upon him, and shew him the matter, and require him in the King's Name to go with him, to put in Surety according to the Warrant, 21 H. 7. 39.

And this if the party shall refuse to do, then ought such Officer forth∣with to arrest him, and to convey him to Prison, without carrying him to any Justice; in which doing, if the party shall offer any resistance, or seek to escape, then also may such Officer justifie the beating or hurting of him; but if the party shall yield to go, and give Surety, and yet will not go to such Justice as made out the Warrant, but to some other Justice, then ought such Officer to give him that liberty, so that it be not far out of the limit; for else so great travel might follow upon the Officer, as rather he than the Offender might seem to be punished by it, 21 H. 7. 20.

And here the Officer must take regard, and consider whether the Warrant do come directly from the meer authority of the Justices of Peace, or else be grounded upon a Writ of Supplicavit sent down from higher authority; which difference ought to appear plainly in all Warrants that be well and orderly made; And if the Warrant be grounded upon such a Writ, then may such Officer compel the party to go to the very same Justice or Justices of Peace that made out the Warrant, and otherwise he may convey him to Prison, &c.

Neither is it requisite that such an Officer should dance after the party, as many use to do, till he can find out Sureties; but he may lawfully keep him until that he can get Sureties to come unto him; the ignorance of which point is the cause both that many an evil man escapeth, and many an honest Officer is punished for it.

But here it happeneth many times, that the party hearing that such a Warrant is granted against him, offereth himself with Sureties for that cause unto some other Justice of the Peace, or findeth such Surety in some of the Courts at Westminster, 21 Jac. 8. §. 3. and so hath a Supersedeas ready to shew such Officer as cometh to him with a Warrant, &c. then is the Officer discharged thereby, and ought not any longer to molest the party; But yet it shall be good that such Officer do keep the Supersedeas for his better discharge, and shew it to the Justice from whom he received the Commandment of service, lest otherwise he be called to account for not serving the Warrant that was sent unto him.

XXIV. Lamb. Duty of Constable, 22.* 27.55 If a Warrant be directed to a Con∣stable, or such other Officer, to arrest one that is Indicted of Felony, then may such Officer justifie the killing of such a party, if it be so that he can∣not otherwise take him, or if so be that he resist, or fly when he is taken, 22 Ass. 59. Coron 261, 288, 328.

* 27.56XXV. Lamb. Duty of Constable, 23, 24. §. 17. All Constables and other Officers ought to be attendant, aiding and assisting to the Justices of Peace for the execution of all Acts made in or before 33 H. 8. 10. §. N. con∣cerning Reteiners, Liveries, Maintenance, Imbracery, Bow-staves, Arche∣ry, unlawful Games, Forestallers, Regrators, Victuallers, Inn-holders, or any of them, on pain to make such Fine as by two of the said Justices shall be assessed.

* 27.57XXVI. Lamb. ibid. 24. All Constables, &c. within London, or 7 miles, ought, upon request made, to aid and assist the President of the Colledge of Physicians, &c. for the due execution of the Statutes 14 & 15 H. 8. 5. §. N. & 32 H. 8. 40. §. 1. N. 3.

* 27.58XXVII. Lamb. Duty of Constable, 25. §. 19. No Purveyor of the King ought to take any Horse or Cart, &c. but by delivery of the Mayor, Bailiff, Constable, or such other Officer of the place whence that taking shall be, 28 H. 6. 2. Cromp. 223 b. 224 b.

* 27.59XXVIII. Lamb. ibid. 27. §. 22. All Constables, &c. of the Parish or place where any of the King's Souldiers beyond the Seas, being mustered of Record, shall happen to arrive, may arrest and stay such Souldiers, till it be enquired whether they be lawfully departed from their Captains, or no, 18 H. 6. 19. §. N. Crompt. 224 a. b.

* 27.60XXIX. Lamb. 29. §. 24. It seemeth to me that the words High-Consta∣ble, High-Tythingman, and head Officers, (in 14 Eliz. 5. §. 37. (2.) N. 2. for levying relief for Goal, &c.) do exclude Petty-Constables, Borsholders, and such-like, to meddle therein; because none are called High, or Head, but in comparison of Low and Base, Lamb. 51. §. 46. ibid.

* 27.61XXX. Lamb. 29, 30. ibid. High-Constables of Hundreds in all such Shires where Petty-Sessions for Servants and Labourers (otherwise called Statute-Sessions) were used to be kept, before the first day of the Parlia∣ment 5 Eliz. 4. §. 48. N. 1. may yet still hold their said Sessions, so that nothing be done in them repugnant to the Statute, &c.

* 27.62XXXI. Lamb. ibid. 30. The Constables of Hundreds and of Franchises ought to make presentment to the Justices of Peace, and to all other Justi∣ces thereto assigned, of the defaults of Watches, and of the defaults of the King's Highways not enlarged, fenced, &c. and of lodging strangers, 13 Ed. 1. cap. 4, & 5. of Winchester.

* 27.63XXXII. Lamb. Duty of Constable, 30. §. 27. And every Constable of Hun∣dred, &c. 4 Ed. 4. 1. §. 6. N. 3. may hear and determine Complaints of Cloth-workers, &c. by examination of parties, and may commit to Goal such as refuse to pay their work-folks, Crompt. 224 b.

* 27.64XXXIII. Lamb. 30, 31. ibid. Estreats indented ought to be made by the Clarks of the Peace and Stewards of Leets, of all Forfeitures arising in the Sessions of the Peace, or in Leets, upon the Statutes of High-ways, 2 & 3 Ph. & Mar. 8. §. 2. N. 11. & 5 Eliz. 13. §. 10. N. 1. of which Estreats one part ought to be delivered yearly within six weeks after Michaelmas to the Constable and Church-wardens of the Parish in which that default was made; to the intent that such Bailiff and High-Constable may levy, &c. And the Constables and Churchwardens may call the said Bailiff and High-Constable to account before two Justices of the Peace, one being of the Quorum, &c. Lamb. ibid. 35 a. b.

* 27.65XXXIV. Lamb. Duty of Constables, 32. §. 29. The High-Constable in whose limit the Parish is scituate, must pay at every Quarter-Sessions to one of the Treasurers of the Shire such moneys as the Churchwardens there have paid to him for the Prisoners in the Marshalsea and Kings Bench, upon pain of 20 s. to be lost for every default, 43 Eliz. 2. §. 14. N. 3. And the like shall be done (by 43 Eliz. 3. §. 5. N. 2.) for disabled Souldiers and Mariners, &c. Lamb. 37. ibid. §. 38.

XXXV. Lamb. ibid. 32. §. 31. The Minister or Curate of the Parish,* 27.66 and the Constable, Headborough, or Tythingman of the Town to which any Popish Recusant shall be sent by order of this Statute, shall take notice thereof, and shall enter the same into a Book to be kept in every Parish for that purpose, and shall certifie the same to the next Quarter-Sessions of the Peace in that County, 35 Eliz. 2. §. 7. N. 1.

XXXVI. Lamb. 33. If any common Inn-holder or Alehouse-keeper will not lodge such as travel, the Ruler, Constable,* 27.67 or other Officer of the Town, may compel him thereto, 5 Ed. 4. 3. Action super Casum. Br. 76. Crompt. 223.

XXXVII. Lamb. 33. ibid. §. 33. No person reteined in Husbandry,* 27.68 &c. may not depart (after the time of such reteinure expired) out of the Town or Parish, &c. unless he have a Testimonial under the Seal of the Constable, or other head Officer, and of two other honest Housholders, &c. 15 Eliz. 4. §. 10. N. 4.

XXXVIII. Lamb. ibid. 36, 37.* 27.69 After the two Justices of Peace have rata∣bly assessed every Town and Parish for damages on default of Hue and Cry, then may the Constable or Headborough ratably tax every Dweller and Inhabitant, &c. 27 Eliz. 13. §. 5. N. 2.

XXXIX. 2. & 3 Ed. 6. 10. §. 4. N. 2. That the Bailiffs and Constables of every Borough, or Market-Town,* 27.70 or other Town where any Mault shall be made, shall view, search and survey all such Mault as shall be made or put to sale within the said Towns, Lamb. Duty of Constable 37. §. 39.

XL. Lamb. 40, 41. After whipping,* 27.71 the same sturdy Rogue shall have a Testimonial, subscribed with the Hand and Seal of the same Justice, Consta∣ble, Headborough or Tythingman, and of the Minister of the same Parish, or of any two of them, testifying the same according to the Act, &c. 39 Eliz. 4. §. 3. N. 3.

XLI. 1 Jac. 7. §. 6. N. 1. & § 7. N. 1. Every person shall apprehend,* 27.72 or cause to be apprehended, Rogues, Vagabonds and sturdy Beggers as they shall see or know to resort to their Houses to beg, and shall cause them to be carried to the next Constable or Tythingman; and that if such Consta∣ble or Tythingman do not cause them to be punished according to 39 Eliz. 4. §. 3. N. 2. they shall forfeit 20 s. for every default, Lamb. Duty of Con∣stable, 43.

XLII. Lamb. Duty of Constable 50, 51.* 27.73 Those four Justices of Peace that tax for amendment of Highways, by 22 H. 8. 5. §. 4. N. 2. ought to make that Taxation by the assent of the Constables, or two of the most honest In∣habitants of every Town or Parish.

XLIII. Lamb. ibid. 51. §. 47. The Constable, or other inferiour Officer,* 27.74 must whip Hedge-breakers, Robbers of Orchards and Gardens, Cutters of Corn and Wood, as be for that purpose committed to them, &c. 43 Eliz. 7. §. 2. N. 1.

XLIV. Lamb. ibid. 53. By 1 Jac. 31. §. 7. N. 1. every Constable,* 27.75 Head∣borough, or other chief Officer of the County, of or in any Town, Village or Hamlet, out of any City, Borough, Town-corporate, priviledg'd place or Market-Town, may command or appoint any person infected, or being or dwelling in any house infected, &c. to keep his house, for avoiding infecti∣on; and may appoint Searchers, Watch, &c.

XLV. Crompt. 222, 223.* 27.76 A Constable may make a Deputy to execute his Office in his absence; for he may be sick, when, &c.

XLVI. Crompt. 223 b.* 27.77 There be 10 houses that should find a Constable by the house annnually in a Vill, and one man purchaseth 2 of them, he shall find a Constable 2 years, &c. 21 Ed. 4. 54.

XLVII. Crompt. 223 b. It was said, 7 Ed. 4.* 27.78 That Guardians of the Peace at the Common-Law may enquire of Congregations and unlaw∣ful

Assemblies, and also of Disseisin with Force, but not of Entry with Force.

* 27.79XLVIII. 24 H. 8. 10. §. 7. N. 2. If any Owner or Farmer refuse to pay money assessed for destroying Crows and Vermine, &c. then upon complaint and proof thereof made to any of the Justices of Peace or High-constable, they shall cause the said Tax to be levyed by distress, &c. of every such Farmer or Occupier, Crompt. 225 a. b.

* 27.80XLIX. Lamb. 390, 391. The Bailiffs of Franchises and the Constables of Hundreds are to serve at the Sessions, the one as Ministers, and the other as Jurors, and therefore ought to give their attendance; and every of those (except the Custus Rotulorum, for thereof I doubt) may without controver∣sie be amerced, if they make default.

* 27.81L. Dalt. 46. cap. 16. Every Justice of Peace may cause two Constables to be chosen in each Hundred, Lamb. 2. cap. 7. pag. 185, 186. And this see∣meth to be meant of the High-constables of Hundreds, and to include and imply of congruence the swearing of them; and seemeth to be by vertue and force of the Statute of Winchester, 13 Ed. 1. St. 2. cap. 6. §. 1. N. 11. and of the first Assignavimus of the Commissioner, §. Lamb. Constables 5. supra §. 13.

* 27.82LI. Dalt. 46. cap. 16. And by the Statute of 34 H. 8. 26. §. N. two Justices of the Peace (the one being of the Quorum) may appoint the High-Constables in Wales, 4 H. 4. 29. Crompt. 224.

* 27.83LII. Dalt. 46. ibid. And yet the usual manner is, that these High-Consta∣bles of Hundreds be chosen either at the Quarter-Sessions of the Peace, or if out of the Sessions, then by the greater number of the Justices of the Peace of that Division where they dwell; and likewise that they be sworn either at the Sessions, or by Warrant from the Sessions, which courses hath also been often allowed and commended unto us by the Judges of Assize.

* 27.84LIII. Dalt. 46. ibid. Also in such manner as they are to be chosen, in the same manner and by the like Authority are they to be removed, &c. so as if there shall be cause to remove and put an High-Constable from his place, it hath not been thought fit that any one or two Justices of Peace should do it upon their discretion, but that it should be done by the greater part of the Justices of that Division, and that for some just cause, or else that it be done at and in the General Sessions of the Peace: and so was the direction of Sir John Dodridge at Summer-Assizes at Cambridge, Anno 1620.

* 27.85LIV. Dalt. 46, 47. cap. 16. It appeareth 12 H. 7. 18. pl. that whereas the Sheriffs of the Counties at the first had the Government of their Coun∣ties committed to them, that afterwards by reason of the multitude of peo∣ple, and for that it was too great a thing for one person (viz. the Sheriff) to undertake, therefore Hundreds were divided and derived out of the Counties, and in every Hundred there was ordained a Conservator of the Peace, who was called the High-Constable; and after Boroughs or Towns were made, and within every of them also was ordained a Conservator of the Peace, who is called the Pety-Constable, and in some places the Bo∣rough-head; and this was long before the times that Mr. Lambert (Con∣stables, 9. supra §. 14.) speaketh of: So that it may seem, that as well the High-Constables as the Pety-Constables, and their Authorities were by the Common-Law, and that the old Statutes concerning them, are but a recital of the ancient Common-Laws, Kitch. 47 b. infra §. 65. Dalt. 3. supra §. 5.

LV. Dalt. 47. ibid. The chusing and swearing of these Pety-Constables is reputed properly to belong to the Court-Leet, yet we find it usual and warranted by common experience, that every Justice of Peace doth also

swear them, and upon just cause doth and may also remove them, Dalt. 363. infra §. 62.

LVI. Dalt. 47. ibid.* 27.86 But in ancient time both the High-Constables of Hundreds, as also the Pety-Constables of every Town, were yearly ap∣pointed by the Sheriff in the Tourn, and were there sworn or received their Oath; and it seemeth that they may still be chosen, or appointed and sworn in the Sheriffs Tourn, as well as in the Leet, Crompt. 222 b. supra §. 3. & 13.

LVII. Dalt. 31. cap. 7. Constable,* 27.87 &c. is not fit to be allowed to be an Alehouse-keeper, 12 Ed. 2. 6. York, F. N. B. 172.

LVIII. 4 Jac. 5. §. 7. N. 1. All Constables, Church-wardens,* 27.88 Headbo∣roughs, Tythingmen, Alecunners and Sidesmen, shall in their Oaths be charged to present Tiplers, &c.

LIX. Crompt. 147. dicitur, 38 H. 8. Faux Imprisonment, Br. 6. 41.* 27.89 That a man cannot Arrest him that made an Affray, after the Affray is passed, with∣out a Warrant; contrary before the Affray, and in time of the Affray, Lamb. 131. Dalt. 33. cap. 8.

LX. Lamb. Preced. 24 b. pl. 69. A Warrant or Supersedeas for the remo∣ving of a Pety-Constable, and for the swearing of another.* 27.90

Carolus Secund' Dei gratia, &c. Vicecom' Midd. necnon Capitali Consta∣bulario Villae Hundredi de W. & eorum cuilibet, salutem. Quia W. P. & R. S. Sub-constabularii Villae de C. & K. certis de causis nos moventibus ab Officio suo amoveri & exonerari fecimus; Ideo vobis & cuilibet vestrum conjunctim & divisim precipimus & mandamus, quod I. F. & R. M. ad omnia & sin∣gula eidem Officio incumbentia bene & fideliter exercenda & exequenda, prout ipsi nobis inde respondere voluerint jurare faciatis; dictis{que} W. P. & R. S. similiter injungentes, quod ipsi de dicto Officio ulterius exercendo & exequendo nullatenus se intromittant, quousque aliud de nobis habuerint man∣datum, & quicquid inde feceritis Justiciariis nostris ad pacem nostram in dicto Comitatu conservand' assignat' ad proximam Generalem Sessionem pacis apud C. in dicto Comitatu tenendam certificetis, hoc preceptum nostrum tunc & ibidem remittentes. Teste T. M. uno Justiciar' nostrorum predictorum tali die, &c. Dalt. 362. cap. 121. Boult. 1. cap. 72. pag. 319, 320. lib. 3. pag. 175.

LXI. Dalt. 363. ibid. Upon such Warrant,* 27.91 Quaere who shall give the Oath to the new Constables, whether the High-Sheriff, or High-Constable that shall execute such Warrant, or the Justice of Peace that granted out such Warrant.

LXII. Dalt. 363. cap. 121.* 27.92 This Authority of removing Pety-Consta∣bles, and of chusing and swearing new, is reputed properly to belong to the Leet, Br. 14. that being one of the ancientest Courts of the Realm; and if the new Elect be not present at the Leet to take his Oath accor∣dingly, then upon Certificate or notice thereof to any Justice of Peace of that County, the Justice doth use to send his Warrant for the party so cho∣sen, and to give them their Oath: and I have seen some Precedents to such purpose as followeth.

To our Loving Friend A. B. of W. Yeoman.

THese are in his Majesties Name to charge and command you, to make your repair unto us, or to some other Justice of the Peace of this County, to take the Oath of a Constable, to serve his Majesty within the Town of W. (if they were not chosen at the Leet, but if they were, its said further, According to the choice made of you by the Jury at the last Leet holden in your Town) and hereof fail you not.

Dated, &c.

Boult. 1. cap. 72. pag. 329.

* 28.1LXIII. Dalt. 363. cap. 121. Also in default of the Leet, or otherwise where there shall be just cause to remove a Pety-Constable for his insuffi∣ciency, or any misdemeanour or other cause, every Justice of Peace ex offi∣cio, as it seemeth, may remove the old Constables, and may chuse and swear new: which also we see to be warranted by common experience.

* 28.2LXIV. Dalt. 363, 364. ibid. The form of the Oath concerning the Office of a Constable, Kilb. Preced. 233.

YOu shall swear that you will well and truly serve our Sovereign Lord the King in the Office of a Constable. 2. You shall see and cause His Majesties Peace to be well and duly kept and preserved, according to your power. 3. You shall arrest all such persons as in your sight and presence shall ride or go Armed, offensively; or shall commit or make any Riot, Af∣fray, or other breach of His Majesties Peace. 4. You shall do your best en∣deavour, upon complaint to you made, to apprehend all Felons, Barretors and Rioters, or persons riotously assembled. 5. And if any such Offender shall make resistance with force, you shall levy Hue-and-cry, and shall pur∣sue them until they be taken. 6. You shall do your best endeavour that the Watch in and about your Town be duly kept, for the apprehending of Rogues, Vagabonds, Night-walkers, Eves-droppers, Scouts, such as go ar∣med, and the like. 7. And that Hue-and-cries be duly raised and pursued, according to the Statute of Winchester, against Murderers, Thieves and other Felons. 8. And that the Statutes made for the punishment of Rogues, and Vagabonds, and other idle persons coming within your Bounds and Limits be duly put in execution. 9. You shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful Game is or shall be used; as also to such as shall frequent or use such places, or shall use or exercise any unlawful Games, there or elsewhere, contrary to the Statutes. 10. At your Assizes, Sessions of the Peace, or Leet, you shall present all and every the Offences done contrary to the Sta∣tutes made (1 Jac. 9. & 4 Jac. 5. & 21 Jac. 7.) to restrain the inordinate haunting and tippling in Inns, Alehouses and other Victualling-houses, and for repressing of Drunkenness. 11. You shall there likewise true present∣ment make of all Bloudsheddings, Affrays, Out-cries, Rescous, and other Offences committed or done against the Kings Majesties Peace within your limits. 12. And you shall have a care for the maintenance of Archery, ac∣cording to the Statute. 13. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace of this County. 14. And you shall well and duly, according to your knowledge, power and ability, do and execute all other things belonging to the Office of a Constable, so long as you shall continue in this Office. So help you God. Kitch. 47, Boult. 1. cap. 72. pag. 320.

* 28.3LXV. Kitch. 47 b. By the Common-Law, before there was any Justices of Peace, Constables of every Vill were Conservators of the Peace, Br. 2. within their Vills, Dalt. 3. cap. 1. supra §. 5. & 46. supra §. 54. Lamb. Con∣stables, 9. supra §. 14.

* 28.4LXVI. Kitch. 47 b. Constables were ordained for the intents to keep the Peace, and also to pursue Felons, and to take Surety by Obligation of such persons as they found making Affrays.

* 28.5LXVII. Kitch. 47 b. Constables have power to examine Vagabonds, and compel them to find Surety of their Good behaviour; and if they cannot, to commit them to the next Goal, 1 R. 2. 5. Vagabonds, Rast. 5.

* 28.6LXVIII. Kitch. 48. Constable may arrest Servant, Labourer, Vagrant, unless he hath Letters containing the cause of his Journey, and the time of his return, under the Kings Seal, and may put him in the Stocks until he hath found Sureties to serve, 12 R. 2. 3. Vagabonds, Rast. 7.

LXIX. Kitch. 48.* 28.7 Constables have power to commit every one using unlawful Games, until the Offender be bound in an Obligation to the King's use, that he will not use any unlawful Games, 6 H. 8. 2. Archery, Rast. 2. Crompt. 79.

LXX. Kitch. 48. Constables, on complaint,* 28.8 may arrest Boatmen and Watermen that take more then is limited for them to take, and commit them to ward for their misdemeanours, and to make a fine for the same, 6 H. 8. 7. Passage, Rast. 8.

LXXI. Kitch. 48.* 28.9 Constables have power to committ Beggers to the Stocks who offend, 22 H. 8. 12. 14 Eliz. 5. Vagabonds, Rast. 29.

LXXII. Kitch. 48. A Constable was ordained to keep the Peace,* 28.10 and may take a Surety of the Peace, by Obligation, of one, if he find him making Affray, 10 Ed. 4. 18. Surety, Br. 26.

LXXIII. Kitch. 48 b. A Constable cannot take a Recognizance (Br. 14.* 28.11) to keep the Peace, but an Obligation, Surety, Br. 26.

LXXIV. Kitch. 48 b. Stocks are ordained properly to punish Vag∣rants, and Servants for Wages, 10 Ed. 4. 18. Surety, Br. 26. see 7 H. 4: 17. §. N.

LXXV. 2 & 3 Ph. & Mar. 10. §. 4. N. 2.* 28.12 Bailiffs and Constables of Town where any ill Mault shall be made or put to sale, shall search and survey all such Mault made within the said Town, &c.

LXXVI. Crompt. 6 b. §. 5. Item, The Constables of Hundreds, Vills,* 28.13 Wapentakes, Laths and Tythings, were and are Conservators of the Peace by the Common-Law within the Hundreds and their Limits, as appears Crompt. 222 b. tit. Constables, 12 H. 7. 17, 18. 5 H. 7. 6. 20 Ed. 4. 7. 13 H. 7. 10. Finch. Nomot. 127. (136.) cap. 22.

LXXVII. Dalt. 3, & 4. cap. 1.* 28.14 The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Limits by the Common-Law, Crompt. 6. §. 5.

2. And therefore these High-Constables at their Pety-Sessions,* 28.15 for any Affray made in disturbance of their Court, may imprison the Offenders, 11 Co. 43, 44.

3. Every Pety-Constable within the limits of their several Towns,* 28.16 be Conservators of the Peace at the Common-Law, by virtue of their Office, Peace, Br. 13.

4. There be other Officers of much like Authority to our Constables,* 28.17 as the Borsholders in Kent, the Third-borough in Warwickshire, and the Ty∣thingman and Borough-head, or Headborough, or chief Pledge in other places.

5. But yet the Office of a Constable is distinct, and as it seemeth of more and greater authority and respect than these; as in 39 Eliz. 4. §. 3. N. 3. where the Tythingman or Headborough is to be assisted in the punishment of Rogues with the advice of the Minister, and one other of the Parish; whereas the Constable alone of himself, as well as the Justice of Peace, may appoint or cause Rogues to be punished.

6. And Mr. Lambert seemeth to hold, that these Borsholders,* 28.18 Third-boroughs, Tythingmen, Headboroughs, and such other, being in a Town or Parish wherein a Constable is, those other cannot meddle, because Con∣stables be in comparison of them head Officers; and that the Tything∣men, &c. are but as assistants to the Constable in all services of his Office when the Constable is present; and in his absence, then these other to at∣tend the Service. And that there are many other things which the Consta∣bles may do, and wherewith the Borsholders and the rest cannot med∣dle at all.

7. And yet in Towns where there be no Constables, and that the Borshol∣ders, Third-boroughs, Tythingmen, Headborouhhs, and such other, be

there the only Officers for the Peace; as also in such cases where the Power or Authority of the Borsholder, &c. is declared to be equal with the Power of the Constable: In all such cases and things their Office and Authority be in a manner all one, 1 Jac. 7.

8. And now, for that these Pety-Constables be much absent from their houses and homes, partly by reason of their Imployments in their Office, and partly by reason of their own private occasions; especially in our and other like parts of the Land, where these Officers are for the most part Husband∣men, and so most part of the day in the Fields; it would prove very ser∣viceable, if (by a Law to be made in Parliament) every Town and Village were to have a Tythingman, or such other Officer, or the like, to attend this service of the Constable, in his absence at the least; for that for want of such assistance, Rogues, Vagabonds and the like, knowing their times, now travel up and down far more boldly.

* 28.199. If any man shall make an Affray or Assault upon another in the pre∣sence of the Constable or Borsholder; or if any man in the presence of the Constable shall threaten to kill, beat or hurt another, or shall be in a fury, ready to break the Peace; In every of these cases the Constable or Borshol∣der may commit the Offender to the Stocks, or to some other safe custody, for the present, as his or their Quality requireth.

10. And after may carry them before some Justice of the Peace, or to the Goal, until they shall find Surety for the Peace; which Surety the Constable himself may also take by Obligation to be sealed and delivered to the King's use; And if the party will not find such Surety to the Consta∣ble, he may Imprison the party until he shall do it.

* 28.20LXXVIII. Dalt. 4, 5. cap. 1. I have seen the Report of Trin. 35 Eliz. Rot. 1458. C. B. Skarret against Hanmer.

In Faux Imprisonment for arresting the Plaintiff, and Imprisoning him, &c. The Defendant to the Imprisonment pleaded that he was High-Constable of the Hundred of E. in the County of S. and that the Plain∣tiff made an Affray within the said Hundred upon one H. W. who presently came to him, and told him thereof, and swore upon a Book, that he was in fear of his life by the other, whereupon the Defendant came to the Plaintiff, and arrested and imprisoned him until he had found sufficient Sureties for the Peace; upon which the Plaintiff de∣murred.

2. And it was adjudged that the Plea of the Defendant was insufficient; 1st. For that he was not present at the Assault and Affray; and 2d. For that he was the High-Constable of the Hundred, and not Constable of the Town.* 28.21

3. In the argument of this Case, Anderson held Constables to be Conser∣vators of the Peace at the Common-Law, and still so to be; and that they ought to preserve the Peace as much as in them lieth. But that (said he) was by parting of men which he should see breaking of the Peace, and to carry them before a Justice of Peace, to find Sureties for keeping thereof; but to take Sureties himself the Constable cannot.* 28.22

4. And those which hold that he may take Surety, cannot tell what Surety that should be; for he cannot take a Recognizance, nor Bail; for he is no Officer of Record.

* 28.235. And if he should take an Obligation; how the same shall be certi∣fied, and into what Cour•• Anderson said he knew not; and that it should be very inconvenient to give such Authority to every Constable. But by Walmesly, Owen and Beaumont, although a Constable cannot take Surety of the Peace by Recognizance nor Bail, yet he may take an Obligation, accor∣ding to 10 Ed. 4. 18. Surety, Br. 26. And if the Affray be in their pre∣sence, they are Conservators of the Peace, and therefore may use such

means for the keeping of the Peace, by taking Surety by Obligation.

6. And that before Justices of Peace were, the Peace was preserved, and that by Constables; and that Statute (1 Ed. 3. St. 2. cap. 16.) which or∣dained Justices of Peace, did not take away the authority of the Constable.

7. But the Constable hath no authority to take an Oath of the party,* 28.24 that he is in fear, &c.

8. Whereunto Anderson Chief Justice replied, I doubt not but that at the Common-Law the Peace was kept, but that was to be done in such manner as the Law appointed, and that is by Writ out of the Chancery, or B. R.

9.* 28.25 And yet I have seen another Author (supposed to be Sir Thomas Egerton, after Lord Chancellor) who writeth in these words: By the Common Law the Constables Office was to Arrest the parties that had bro∣ken the Peace, or were ready to break the Peace, scil. if either he had seen it himself, or were truly informed thereof by others, or upon the confession of the party who had freshly broken the Peace.

10.* 28.26 And that all such offenders the Constable might imprison in the Stocks, or in his own House, as the quality required, until they had been bound by Obligation with Sureties to the King, to keep the Peace from henceforth.

Which Obligation was to be sealed and delivered to the Constable,* 28.27 to the use of the King.

And the Constable was to send it into the Exchequer or Chancery, from whence Process should be awarded to levy the debt, if the Peace be bro∣ken; quod Nota. See also Finch Nommot. 127. (136.) cap. 22.

LXXIX. Pract. Preced. 133.* 28.28 An Indictment against a Constable for neg∣lecting to execute a Justices Warrant.

Midd' ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod cum S. P. Armiger unus Justiciar' dicti Domini Regis ad pacem in Com' M. predict' conservand' assignat', 12 die Januarii Anno regni, &c. per Warrantum suum in scriptis debito modo confect' mandasset omnibus Constabular' & Decennar' & aliis dicti Domini Regis Officiar' infra Com' Midd. predict', ad quos Warrant' predict' deveniret, quod immediate post receptionem istius Warrant' caperent corpora A. I. & E. I. uxorem ejus, & quod dictos A. I. & E. uxorem ejus ducerent coram prefat' S. P. ad respondend' eis omnibus & singulis quae versus eos ex parte dicti Domini Regis objicerentur; Quod quidem Warran∣tum postea scil. dicto 12 die Januarii Anno supradict', cuidem W. R. ad tunc & adhuc existent' unum Decennar' (Anglice Headborough) parochiae Sancti Egidii extra Cripplegate in Com' Midd. predict', apud paroch' predict' in Com' predict' deliberat' fuit in forma juris exequend', predictus tamen W. R. de parochia Sancti Egidii predict' in Com' predict' Victualler, debitum suum in hac parte parvi pendens à predicto 12 die Januarii Anno supradict', usque diem capt' hujus Inquisition' apud paroch' predict' in Com' predict' in execu∣tione Officii sui circa premissa tepide, remisse & negligenter se habuit, & exe∣cution' Warranti predict' per tempus supradict' totaliter neglexit & contemp∣tuose recusavit, contra Officii sui debitum in hac parte, in manifestum contempt' dicti Domini Regis nunc Legum{que} suarum, ad magnam justitiae retardatio∣nem, in malum & perniciosum exemplum omnium aliorum in hujusmodi casu delinquent', & contra pacem dicti Domini Regis nunc, coronam & digni∣tatem suas.

LXXX. Shepherds Clerks Cabinet, 81. cap. 16. A Warrant for the ma∣king of a new Constable.

To our Loving Friend A. B. of D. Yeoman.

These are to require you to make your repair to us, or to some other Justice of the Peace of this County, to take the Oath of a Constable to

serve within your Town of D. you being chosen and ordered by the Leet of your Town to undertake the same Office.

2. Or this: Whereas A. B. of your Town, the now Constable thereof, is by reason of his Age and Impotence very unable and insufficient to exe∣cute the said Place; These are to require you whose Names are under-written, to be before me at my House at W. in the same County, to morrow by eight of the clock in the morning, that I may make choice of one of you to be sworn to undertake the same Office.

3. It is not approvable to make Constables by one Justice of Peace, but in case of necessity only, when a Constable dieth, and it is long to the Quarter-Sessions or Leet, or the Courts where these Officers are usually made.

* 30.1LXXXI. Pract. Preced. 108. An Indictment for not watching with a Constable.

* 30.2Juratores pro Domino Rege super sacramentum suum presentant, quod B. M. nuper de parochia Sancti Andr. Holborn in Com' Midd. Gen', quarto die Febr. Anno regni, &c. & diu antea fuit Inhabitan' paroch' predict' in Com' predict', quodque idem B. M. ad tunc scil. dicto quarto die Febr. debito modo summonit' & requisit' fuit ad vigiland' cum Constabular' in paroch' predict' in Com' predict' in nocte ejusd' diei, predict' tamen B. M debitum suum in hac parte negligens, ad tunc scil. predict' nocte predict' diei Anno supradict', vel in ali∣qua parte ejusd' noctis non vigilavit cum predict' Constabular' apud paroch' predict' in Com' predict', sed debitum suum in hac parte facere ad tunc & ibi∣dem totaliter neglexit, & voluntarie, obstinate & contemptuose ad tunc & ibidem defalt' fecit, in contempt' dicti Domini Regis nunc, Legum{que} suarum, & contra pacem dicti Domini Regis, coron' & dignitat' suas, &c.

Conventicles,

see Riot & Religion.

Conviction,

see Proof.

Cordwainer,

see Leather.

Corn.

Badgers, Mault, Hay, Oats.

* 30.3I. LAmb. 4. cap. 4. pag. 449. If any have against Proclamation transpor∣ted or carried out of this Realm any Corn, Grain or Malt, growing or made here, or any Beer, Butter, Cheese or Wood in any Vessel, except to Berwick or the Marches thereof, without sufficient Authority, &c. or have by any means connived or willingly consented thereto, &c. or if any having License, have fraught or laden his Vessel, &c. at any more places then only one, to be enquired of at Sessions, 1 & 2 Phil. & Mar. 5.

* 30.4II. Lamb. 4. cap. 19. pag. 601. Sessions may enquire of, and determine the Licenses for Badgers, &c. and they are to be granted in open Sessions, 5 Eliz. 12. §. 7.

* 30.5III. Crompt. 79 b. Enquiry in Sessions of engrossing and forestalling Corn, &c. Barley big, or Oats, against 5 & 6 Ed. 6. 14. §. 1, 2, 3.

* 30.6IV. Dalt. 45. cap. 15. The Certificate of one Justice of Peace, joyned with the Customer of the place of the unlading and selling of Corn, &c. carried by water from one place to another within this Realm, is sufficient, on 5 & 6 Ed. 6. 14. §. 12. N. 1. of Forestalling.

* 30.7V. 2 & 3 Ed. 6. 10. §. 4. N. 1. Justices of Peace and Leet to determine Presentments of ill making of Mault, and to set prices, and Constables to present, &c. Dalt. 85. cap. 23. Lamb. 445.

VI. 13 Eliz. 13. §. 1. N. Justices at Assize or Sessions, unless controlled by the Queen, to determine when its fit to transport Corn, or to pro∣hibit it.

VII. 21 Jac. 21. §. 2. N. 2. Hostlers or Inholders shall sell Horse-Bread,* 30.8 Hay, Oats, Beans, Pease, &c. for reasonable prices, Lamb. 465.

VIII. Dalt. 147. cap. 65.* 30.9 For the punishment of the Baker for their un∣lawful Breads, Quaere whether they shall only be Amerced, &c. after In∣dictment and conviction of their said offence, or that the Justices of Peace (or sworn Officers in Leets) may take away their unlawful Bread, and give it among the poor, as Officers in Corporate Towns are enabled or appointed to do, in the end of the Book of the Assize, Printed 1597. See 51 H. 3. pag. 10. & Incert temp pag. 85. cap. 2.

IX. Lamb. 465. Enquiry in Sessions,* 30.10 if any Inholder dwelling in any City, Town Corporate, or Market Town, wherein is any common Baker that hath been Apprentice there seven years, have within his own House made any Horse-Bread, or dwelling in any other thorough-fair have made it insufficiently, and not of due Assize, 13 R. 2. 8. §. 1. N. 6. 32 H. 8. 41. §. N. Dalt. 146, 147. cap. 65.

X. Lamb. 465. If any Inholder have taken any thing for Litter,* 30.11 or have taken excessively for Hay, or have taken above one half-peny in a Bushel of Oats over the common price in the Market, 13 R. 2. 8. §. 1. N. 8. 4 H. 4. 25. §. N.

XI. Lamb. 200. If any Bailiff or Constable of any Borough,* 30.12 or other Town, shall find any Mault made contrary to the Statutes 2 & 3 Ed. 6. 10. §. 4. N. 3. & 27 Eliz. 14. then with the advice of any Justice of the Peace within that Shire, he shall cause the same to be sold to such persons, and at such reasonable prices under the common price of the Market, as to his discretion shall seem convenient.

XII. Lamb. 201.* 30.13 The party convicted and committed to Prison by the Justices of Peace, for not obeying this restraint of converting Barley into Mault, must there remain three days, and after that until he shall become bound in Recognizance of fourty pounds to the Kings use, before any Justice of the Peace, to obey such his restraint, 39 Eliz. 16. §. 1. N. 3.

XIII. Lamb. 331.* 30.14 Any two Justices of the Peace may duly convict by two witnesses, or by the parties confession, any person that shall disobey the restraint of Maulting made in the open Quarter-Sessions, and shall com∣mit him to Prison without Bail or Mainprise for three days, and until that he shall become bounden in 40 l. to some one Justice, to perform such re∣straint, 39 Eliz. 16. §. 1. N. 1.

XIV. Lamb. 444, 445. Enquiry in Sessions,* 30.15 if any person have within these two years bought Corn in any Fair or Market, for change of his Seed, having then sufficient for his House, and for sowing his Ground for a year, and did not bring thither if he might so much as he did so buy, and did not the same day sell it after the price then going, 5 & 6 Ed. 6. 14. §. 8. N. 1. Crompt. 80.

XV. Lamb. 445. Enquiry at Sessions,* 30.16 if any person have at any time within this year, the months of June, July and August only excepted, made any Barley-Mault that was not the time of three weeks at the least in the Fat floor steeping, and sufficient drying; and if in any of the said three months, and was not seventeen days at the least in the Fat floor steeping, and sufficient drying, 2 & 3 Ed. 6. 10. §. 2. N. 1.

XVI. Lamb. 445.* 30.17 If any person have within this year mingled any Mault not sufficiently made, or made of Mow-burnt or spired Barley, with other good Mault, and after put the same to sale, 2 & 3 Ed. 6. 10. §. 2. N. 4.

XVII. Lamb. 445. If any person have within this year,* 30.18 put to sale any Mault not sufficiently well trodden, rubbed and fanned, whereby half a Peck of dust or more may be fanned out of one Quarter thereof; but this

Act extendeth not to Mault made for the provision of a mans own House or Family, 2 & 3 Ed. 6. 10. §. 3. N. 1.

* 30.19XVIII. Lamb. 602. The Justices of the Peace, or the more part of them, may by their discretions in their open Quarter-Sessions restrain the con∣verting of Barley into Mault, 39 Eliz. 16. §. N. Crompt. 79 b. 80 a.

XIX. West. Symb. 2 part 100. sect. 88. A Presentment for breaking and burning a Barn with Corn, 22 & 23 Car. 2. cap. 7. §. 2.

Midd' ss.

Inquiratur pro Domino Rege, si I. N. de D. in Com' M. predict' Yeoman, 3 die, &c. Anno regni, &c. apud I. in Com' M. predict', vi & armis quoddam Horreum cujusd' I. S. apud I. predict' in Com' M. predict' scituat' & existent' felonice fregit & intravit, & quibusd' candelis tunc igne accensis quas predict' I. N. tunc & ibidem in manibus suis tenuit, ad tunc & ibidem ex malitia sua precogitat', & ex instigatione Diabolica in Horreum predict' cum diversis Granis & Garbis, viz. tribus quarteriis ordeii, & quatuor quarteriis frumenti, & duobus modiis Avenarum, & quatuor Chareetat' hordei in Garbis in eodem Horreo ad tunc existent', ignem accensum ad tunc & ibidem voluntarie & felonice imposuit, & cum eodem igne ad tunc & ibidem Horreum predict' cum omnibus Granis & Garbis supradict' in eodem Horreo ad tunc & ibidem exi∣stent', voluntarie & felonice combussit, & totaliter cum igne illo felonice & voluntarie consumpsit, contra pacem dicti Domini Regis nunc, &c.

XX. West. Symb. 2 part 103. sect. 98. An Indictment for a Conspiracy of Bakers, &c. 2 & 3 Ed. 6. 15. §. 1. N. 5.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. C. D. E. F. & G. H. de M. in Com' E. predict' communes Pistores, 2 die Octob. Anno regni, &c. apud M. predict' in Com' E. predict' insimul conve∣nerunt, conspiraverunt, ac mutuo inter se promiserunt, quod panem denarii de integro frumento (per eos seu eorum aliquem tunc deinceps faciend' ac ven∣dend') non amplius quam 2 libr. & 6 uncias Troici ponderis habebit & pon∣derabit, quodcunque imposterum foret unius quarterii frumenti pretium, in dicti Domini Regis contempt', ac in extrem' pauperum dicti Domini Regis subditorum gravamen, necnon contra form' Statut' in hujusmodi casu pro∣visi & edit.

XXI. West. Symb. 2 part 145 b. sect. 281. An Indictment of breaking a Barn, and taking Corn, Pract. Preced. 64.

* 32.1Juratores pro Domino Rege super sacramentum suum presentant, quod I. S. &c. Horreum ejusd' I. C. de S. magna in Com' E. predict' ad tunc & ibidem burglariter fregit & intravit, & quatuor modios hordei, Anglice vocat' a Quarter of Barley, ad valent' 6 s. 4 d. de bonis & catallis predict' I. C. ad tunc & ibidem invent' burglariter & felonice cepit, abduxit & asportavit, contrá pacem, &c.

XXII. West. Symb. 2 part 145 b. sect. 282. An Indictment of breaking a Mill, &c. Pract. Preced. 64, 65.

* 32.2Juratores pro Domino Rege super sacramentum suum presentant, quod I. S. &c. vi & armis domum Molendinum W. H. apud C. in paroch' de D. in Com' E. predict', vocat' Clerk-Mill, Burglariter fregit & intravit & unum saccam pretii, &c. & sex modios tritici, vocat' Six Bushels of Wheat in saccis ibidem existent pretii 10 s. de bonis & catallis predict' W. H. ad tunc & ibidem in∣vent' die & anno supradict' Felonice cepit & asportavit, contra pacem, &c.

XXIII. Justice restored, &c. 103. A Warrant for the bringing forth of Corn in the time of Dearth.

Essex ss.

To the Church-wardens and Overseers of the Poor of C. and to every of them.

WHereas A. B. C. D. &c. have lately received Letters from the Lords of His Majesties most Honourable Privy Council, comman∣ding

us thereby in His Majesties Name to cause a diligent and exact survey to be taken of all the Corn and Grain within this Hundred of C. Now for∣asmuch as they whose Names are hereunder-written are presented to us by such as have inquired thereof to have Corn to spare more than is needful for the maintenance of their Families: These are therefore to command you to summon and warn all the said parties to be and appear before us at G. the 20th. day of this instant May, by 1 of the clock in the afternoon of the same day, there to receive such further directions as then and there shall be given them in charge, according to such Orders as are appointed by His Majesty to be straitly observed in that behalf. Hereof fail you not at your peril.

Dated at W. this 10th. day of &c. Anno &c.

Coron.

Homicide, Murder, Robbery, Felony, Agait, Theft, Larceny, Pety-Larceny, Misprision, Burglary, Burning Houses, Poysoning, Clergy, Arraignment, Annum & Diem, Buggery, Rape, Bloudshed, Chance-medley, se Defendendo, Cutpurses, Corruption of Bloud, Attainder.

I. LAmb. 2. cap. 7. pag. 210.* 33.1 Every Justice of Peace before whom any person arrested for Man-slaughter, or Felony, or suspicion thereof, shall be brought, ought before he commit him to Prison to take the Exami∣nation of such Prisoner, and the Information of those that bring him; and to put the same, or so much thereof as shall be material to prove the Felony, in writing within two days after; and to take Bond of all such as do de∣clare any thing material to prove the Offence, to appear at the next Gene∣ral Gaol-delivery, and to give Evidence there against the Offender, 2 & 3 Phil. & Mar. 10. Dalt. 52. Infra 36. Dalt. 295. cap. 111. Crompt. 193 b.

II. Lamb. 220. ibid.* 33.2 Neither do I doubt but that this present Statute 2 & 3 Phil. & Mar. 10. when it saith Man-slaughter and other Felony, doth thereby make Man-slaughter a sort of Felony, (for so the word other doth imply;) and doth also therewithal comprehend Murder underneath it, seeing it cannot be thought but that this Statute requireth Examinat' as well, if not more, in the case of Murder, as it doth in the other less hate∣ful Homicides.

III. Lamb. 230. ibid. In all these sorts of voluntary Man-slaughter,* 33.3 being exempted from the fault of Felony, (as that is which we say to be done se defendendo.) There is no person to be punished to whom the Law hath denyed a will or a mind to do harm; as a Mad-man, he that is born both Deaf and Dumb, nor an Infant under the age of 12 years, unless it may by some evident token appear that he had understanding of Good and Evil; Lunaticks, &c. 3 H. 7. 1. & 21 H. 7. 31. Coron 193. & 26 Ass. 27. Crompt. 29 a. b. 30. a. b. 31 a. Dalt. 223. cap. 89. & 236. cap. 92. & 244. cap. 95.

IV. Lamb. 231. Moreover, to hurt a Woman great with-child,* 33.4 where∣by the Child either dieth within her Body, or shortly after that she is de∣livered of it: Or to strike any person so as he dieth not thereof till the year and day be fully past, will not wrap a man within the danger of these felonious Man-slaughters, 3 Ass. 2. 1 Ed. 3. 24. Coron 303. & 3 H. 7. 1. §. 1. N. 14. Bract. 121. Dalt. 242. cap. 93. 17.

V. Lamb. 231. ibid. Lastly, if any person shall be brought before a Justice of Peace, and charged with any of these Homicides, (viz. Murder,* 33.5 Man-slaughter, Chance-medley, Misadventure, per Infortunium, or se Defen∣dendo, &c.) except that which is done in the orderly execution of a Judg∣ment,

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it shall be his part (as I think) to commit him to Prison; or at least, if the cause will so suffer, to joyn with him some other Justice to the bail∣ment of him, to the end that the party may be discharged by Arraignment and Tryal; wirhout which, or other finding of the truth, before the Coro∣ners, or otherwise, I see not how the Justice may safely dismiss him; And for this purpose I refer you to 6 Ed. 1. 9. of Glocester, and to Coron 288. Infra §. 23.

* 33.6VI. Lamb. 2. cap. 7. pag. 232. Next unto the Justices that condemn, is the case of those whom Law alloweth to slay a man, and holdeth them un∣punishable for it; whether it be upon a certain necessity for the advance∣ment of Justice, or for the defence of his House or Goods, or for the more terrour against Offenders; and therefore the Sheriff, Bailiff, or any other that hath a Warrant to Arrest a man Indicted of Felony, may justifie the killing of him, if otherwise they cannot take him, 22. Ass. 55. Crompt. 30.

And so may any other man that followeth Felons upon the Hue-and-cry raised, if they will not yield themselves, but stand at defence, or fly away, by the opinion of Thorp, Coron 261, 288.

And so it is also if a man that is arrested for Felony do, as he is in carry∣ing to the Goal, make resistance, and fly; for then those that have the con∣duction of him may without blame kill, if they cannot otherwise recover him, Coron 288, 328.

* 33.7VII. Lamb. 233. ibid. And if a Justice of Peace come to arrest Rioters, and they resist, whereby one of the Rioters is slain by any of the Justices or their Servants, or by any other coming in their aid, that is justifiable and allowed by Law, because in this and the former cases the killing proceeded upon a necessity, for the execution of Justice, which otherwise should be left undone, Crompt. 23 b. §. 29. Crompt. 30 b. Dalt. 238. cap 93. & 249. cap. 98.

* 33.8VIII. Lamb. 233. ibid. Of like account is it when a Goaler doth slay any of his unruly Prisoners that shall assault him, 22 Ass. 55.

But whether this rule will hold when the Arrest is only for Debt, or such-like, it is good to be advised, Britton 28. Infra §. 16. Crompt. 26. §. 6.

* 33.9IX. Lamb. 2. cap. 7. pag. 233. If the Justice of Peace, or any other lawfully authorized, do assemble any number of men for the suppressing of any persons unlawfully assembled, contrary to 1 Mar. 1. St. 2. cap. 12. §. N. and be driven to set upon them, and thereby any of the Offenders be slain, this slaughter is warranted both in the Justices themselves, and for every other of their Company, by the same Stat. Crompt. 23 b. §. 28, 29.

* 33.10X. Lamb. 233. If any Forester, Parker or Warrener, or such as be in their company for their aid, after Hue-and-cry made upon Offenders within their charge to yield themselves, which nevertheless make resistance, or fly; do (without former malice) kill any of them, they are neither to be Impri∣soned, nor to forfeit any thing for it, 21 Ed. 1 St. 2. pag. 59. de malefact' in Parcis, Crompt. 30 b. & 68 b. §. 4.

* 33.11XI. Lamb. 233, 234. So if any do attempt to Rob or Murder any person in his Dwelling-house, or in or nigh any common High-way, Cart-way, Horse-way or Foot-way; or feloniously to break into his Dwelling-house in the night-time; and in this attempt the party, or his Servants then with him, do kill any of the mis-doers, he or they shall forfeit nothing thereby, 24 H. 8. 5. §. N. And so in effect was the Common Law before that Statute, as may appear, 26 Ass. 32. Coron 261, 305, 330. And so also was the Roman Law of the twelve Tables: Nocturnus fur quoquo modo; Diur∣nus si se telo defenderit; Impunà occiditur, &c. Infra §. 23. Crompt. 27 b. §. 1, 2, 3, 4, 5. Dalt. 250, 251. cap. 98.

* 33.12XII. Lamb. 2. cap. 7. pag. 235. In the old time every killing of one

man by another was (of the effect) called Murder, because death ensueth of it. For, as Postellus noteth, of the Hebrew word Moth, came the Latine word Mors, and thereof the Saxons called it Mord, and Morder, as we now sound it, Crompt. 21. §. 1. Dalt. 237. cap. 93.

Afterward, about the time of Mr. Bract. Murder was restrained to a secret killing only, &c. with whom also agreeth Britton. But since 14 Ed. 3. 4. §. 1. N. 1. by which the Presentment of Englishire was taken away, Murder is taken in a middle degree, &c. wherein it is carefully to be observed, that the words of Malice prepensed do make the true difference between this and the other voluntary Man-slaughters; so that to make the offence Murder, it is of necessity that there be a precedent malice, either apparent and bewrayed by the party himself, or else implyed and supplyed by the understanding of the Law.

XIII. Lamb. 237.* 33.13 Many times the Law doth by sequel judge of that malice which lurked before within the party, and doth accordingly make imputation of it; and therefore if one do suddenly, and without any out∣ward shew of any present quarrel or offence, draw his Weapon, and there∣withal kill another that standeth by him, the Law judgeth it to have pro∣ceeded of former malice meditated within his own mind, howsoever it be kept secret from the sight of other men, per Dalyson.

And for the due restraint of such Inhumane Slaughters, well hath the Statute 1 Jac. 8. §. 2. N. 1. provided that the person that stabbeth or thrust∣eth any one not having a Weapon drawn, or that hath not first stricken him, so he die within 6 months after, shall suffer death as a wilful Murderer, Dalt. 237. cap. 93.

XIV. Lamb. 237. The Ancient Law,* 33.14 that measured the fault not by the event, but by the intent, will, and purpose, of the offender; took it for Fe∣lony (saith Mr. Stamf. 16. out of 3 Ed. 3. Coron 111.) in the Owner of a Beast that killed a man, if so be that the Owner did know it to be accu∣stomed to do harm, and did not tye it up, or otherwise restrain it. But the case goeth not so far, (as I think) but only saith, that if the Owner were alive, he should be arraigned of the death, and Amerced towards the King, Crompt. 24. §. 45.

XV. Lamb. 238. Britton 14. hath the Case,* 33.15 That if one who is not a Physician or Chyrurgeon will take upon him to cure a sick or wounded man, which dieth under his hand, it is Felony; and Thorp, 43 Ed. 3. 33. saith that he knew one to be Indicted accordingly.

But the Statute 34 & 35 H. 8. 8. §. 3. N. 1. leaveth so great a liberty of such practice to unskilful persons, that it will be hard now to make any Felony in such a case. Howbeit, if any of these two latter offences (Lamb. 237, 238.) should be drawn to Felony, then I see not But that the same must be accounted Murder, in respect either of the bold presumption, or of the will to do harm, which doth amount to malice. Crompt. 27. §. 18. & 17. Dalt. 239. cap. 93.

XVI. Lamb. 238.* 33.16 It hath been adjudged Murder when a man hath drawn his Weapon and killed either a known Officer, or one that had and shewed sufficient Warrant to arrest him for Debt only, supra §. 8. Crompt. 24. §. 35, 37.

XVII. Lamb. 238.* 33.17 If a Harlot will take the Child whereof she is newly delivered, and cover it with Leaves, and let it lie abroad, whereby Vermin destroy it, this is Murder, 21 Jac. 27. §. 2. N. 1. Crompt. 24 b. §. 44. & 21. §. 20.

XVIII. Lamb. 238.* 33.18 If an Officer will Behead him that is condemned to be Hang'd, or if a private man will kill him without any Warrant; this is Murder, 27. Ass. 41. Appeal, Br. 69. 35 H. 6. 58. Crompt. 24. §. 39. 33. Dalt. 235. cap. 92.

* 33.19XIX. 1 Ed. 6. 12. §. 13. N. 1. That all wilful killing, by Poyson, &c. shall be adjudged wilful Murder of malice prepensed, Lamb. 240, 244. Com. 473. & 1 Bulstr. 87. 4 Co. 44. & 9 Co. 81. Crompt. 25 b. §. 56, & 20. §. 12, 21. §. 19. & 30 b. Dalt. 235. cap. 92.

* 33.20XX. Lamb. 241. All such as be present, and aiding, abetting or comfor∣ting him that committeth a Murder, be principal Murderers in the eye of the Law, as well as he is by doing the deed, though they strike never a stroke, 4 H. 7. 18. Com. 100. Dalyson & Dyer Crompt. 24. b. §. 43. 22. §. 10. & 34 b. §. 15.

* 33.21XXI.. Lamb. 243. If a Clerk do maliciously kill his Prelate or Superiour to whom he oweth obedience, or a Wife her Husband, or a Servant the Master, who have a Civil Soveraignty over them, this will be Pety-Treason, 25 Ed. 3. St. 5. cap. 2. §. 1. N. 10. 12 Ass. 30. Coron Br. 74. (73.) & 22 Ass. 49. Coron 383. & 19 H. 6. 47. But not so for (Dalt. 233. cap. 91.) the Son to kill the Father, unless he take wages, Crompt. 19 b. §. 1, 3, 5, 7. & 21 Ed. 3. 17. Kell. 204. pl. 1.

* 33.22XXII. Lamb. 246, 247. If two play at Bucklers together without former malice, and the one slayeth the other, this is reputed to be done by Chance-medley, if it be not before the King, and by his Commandment or Procla∣mation; and if it so be, then it is not punishable at all, as Justice Fineux did hold, 11 H. 7. 23. Dalt. 246. cap. 96. But. Coron Br. 228. noteth, that the Justices in the time of H. 8. were of another (Crompt. 23. §. 27.) opinion, Crompt. 26 b. §. 10. Kell. 108 b. pl. 27. Crompt. 29 a.

* 33.23XXIII. 250, 251. But he must know that it is not all one to have to do with a Thief or Murderer, and with a Loyal Subject; for albeit he may boldly defend himself, his Goods or his House against a Murderer or Thief on even-hand as it were, and without any striking from him; (supra §. 11.) yet if he be assailed by another manner of man, he must fly so far as he may, and till he be letted by some Wall or other Impediment, that his necessity of defence may be esteem'd altogether Great and Inevitable; and yet shall he be committed till the time of his tryal, and shall then lose his Goods, and seek the King's Pardon for taking away the life of his fellow Subject, 6 Ed. 1. 9. Glouc' supra §. 6.

* 33.24XXIV. Lamb. 252, 253. If a Labourer do work with an Ax, and in the fetching of his stroke the Head of the Ax happen to flie off from the Helm, and do kill one that standeth by; or if a man doth throw a stone at a Bird, or shoot an Arrow at a Fowl or at a mark, without evil intent, and another man is slain unawares thereby; or if in the felling of a Tree he giveth loud warning when the Tree is ready to fall, and yet it falleth upon another man that standeth or passeth by, Dalt. 245. cap. 96. or if a Tyler throweth down Tyles from a House that he is to amend, and giveth warning thereof, and another man cometh under and is slain with a stroke of Tyles; or if a School-master do moderately Correct his Scholar, and he dieth thereof:

In all these and the like Cases (where-ever the party is doing a lawful act, &c.) it is to be adjudged Man-slaughter by misfortune, 52 H. 3. cap. 25. of Marlbr. 2 H. 4. 18. Coron 302, 228, 354, 398. & Crompt. 19 b. Bract. 121. Stamf. 18. Kell. 108 b. pl. 27. Crompt. 24 b. §. 42. & 28 b. 29 a.

* 33.25XXV. Crompt. 20 b. 21 a. §. 18. A Feme Servant and a stranger conspire to rob the Mistress; and at the time appointed in the night she let him into the House, and carried him by a Candle to her Mistresses Bed, where she lay asleep, and the stranger kill'd the Mistress in her Bed, the Maid say∣ing nor doing nothing but held the Candle; And Portman Ch. J. de B. R. Brook Ch. J. of C. B. and Hare Master of the Rolls held the Feme a Prin∣cipal and a Traytor; but Brook Ch. Baron, Dalison and Saunders Justices é contrà so Dyer 128 pl. But the Law is with Portman, and so it was ad∣judged

in the Case of one Blechenden, Captain of the Castle of Wallm' in Kent, who about 5 Mariae was kill'd in the Castle by a stranger, by assent of one Bigg and others, Servants of the said B. being then in the same Castle in a Vault there, and not in the Parlor where he was kill'd, and was Drawn and Hang'd.

XXVI. Crompt. 21. §. 3. Nota,* 33.26 That the Justices of Peace may enquire of Murder or Pety-Treason, because their Commission is de omnibus Feloniis, see 3 H. 7. 5 b. An Indictment of Murder taken before Justices of Peace, Rast. intr. 362. Dyer 69. pl. Crompt. 21 b. §. 5, 6. & 28. §. 3. Infra §. 35. Dalt. 234. Infra 38. Lamb. 497. in Indictment, §. 18.

XXVII. Pasch. 3 H. 7. 5 b. pl. 2. Indictment, 22. Br. 47.* 33.27 The Servants of the Bishop of Lincoln were Indicted of Murder in the County of Rutland before the Justices of Peace, &c.

XXVIII. Pasch. 5 Ed. 6. Dyer 69. pl. 29.* 33.28 And also it was held clearly that Justices of Peace have Authority to enquire of Murder, because it is Felony, against the opinion of Monsieur Fitzherbert. Dalt. 52. cap. 20. Infra 35.

XXIX. Lamb. 4. cap. 5. pag. 485, 486.* 33.29 Where by the way you may see in plain words of this Statute 2 & 3 Ed. 6. 24. §. 2. N. 5. That Justices of Peace may take Indictments of Murder, as Murder; though Mr. Fitzherbert (fol. 17.) denieth it, saying, That they cannot enquire of Murder, saving only as of Felony or Man-slaughter. And you shall read of an Indictment of Mur∣der before them received, 3 H. 7. 5 b. supra; agreeable whereunto was the opinion of Hales and Portman Justices, as I have seen in a Report of Dali∣son Justice; And of the same mind also were the Justices of 6 Ed. 6. B. R. Dyer 69. Dalt. 53. cap. 20 b. Infra 35.

XXX. Crompt. 21 b. §. 5. see Rast. Entr. 417.* 33.30 That an Indictment of Murder taken before Justices of Peace was removed in B. R. and the party thereupon was Arraigned, and upon the Arraignment there he pleaded the King's Pardon, and it was allowed, and the party discharged, Coron 360.

XXXI. 2 Inst. 316. On 6. Ed. 1. Gloc' cap. 9. it is to be observed,* 33.31 that Justices of Goal-delivery may take an Indictment of killing a man se defen∣dendo, because their Authority is general; but Justices of Peace cannot take such an Indictment, because their Commission is limited, and it is taken not to be within their Commission, Dalt. 52. cap. 20. Infra §. 36. & 33.

XXXII. Crompt. 21 b. §. 6. see Rast. Entr. 246.* 33.32 An Indictment of Mur∣der taken before Justices of the Peace, whereupon the party was Outlaw'd before them, was delivered to the Justices of Goal-delivery, and thereupon the person Outlaw'd was brought before them to the Bar, and because he could say nothing in Arrest of Execution, it was adjudged he should be Hang'd. But Fitzh. in his Book of Justices of Peace, 21. is, That a Justice of Peace cannot enquire of Murder, see Stamf. 15 b. 16 a. That an Indict∣ment taken before Justices of Peace, that A. kill'd B. se defendendo, is not good, because that they have no Authority to take such Indictment, as he had heard.

XXXIII. Crompt. 28. §. 3. Mr. Stamf. 15 b. 16 a. saith,* 33.33 That a Justice of Peace cannot take an Indictmen af him that hath killed another se defendendo, as he had heard. But Marrow, Lect. 12. is to the contrary; and it seemeth, that in as much as the Justices of Peace have power to enquire of all Felo∣nies, that they may enquire of this, Lamb. 497. & supra 31.

XXXIV. 23 b. §. 28.* 33.34 A Sheriff or Justices of Peace come to suppress Rio∣ters, and one of them who comes with the Justice is slain by the Rioters, this is Murder as well in him as in all the other Rioters that are present; and so was taken, 22 Eliz. in the Case of Drayton Basset, supra §. 7. Crompt. 25. §. 51. & 26. §. 12.

XXXV. Dalt. 51, 52. cap. 20. Whereas one R.* 33.35 Smyth was Indicted at the

Sessions in Oxford upon 5 Eliz. 14. §. 10. N. 1. of Forgery, it was adjudged by the whole Court in B. R. 30 Eliz. that the same Indictment was not well taken; for although the Justices of Peace by their Commission have power of Oyer and Term of Felonies, &c. yet forasmuch as there is a Commission of Oyer and Term known distinctly by that name, and the Commission of the Peace is known distinctly by another name; that the said Indictment taken before the Justices of Peace at their Sessions was not well taken, and there∣fore was quashed.

The reason of this Case and Judgment seemeth to hold in the former Cases, on 3 H. 7. 14. §. 1. N. 4. 33 H. 8. 12. §. N. & 8 H. 6. 12. §. 3. N. 2. &c. and in all other like Cases where any Statute doth specially give Authority to any other distinct Court, or to other Justices or Commissio∣ners (leaving out the Justices of Peace) to enquire of, hear and deter∣mine, or to try Felons, &c. there the Justices of Peace at their Sessions can∣not enquire thereof, 2 Inst. 316. & Stamf. 15 b. 16 a. & supra §. 26, 27, 28, 30, 31, &c. Crompt. 56. Infra §. 50. Poult. de Pace 43.

* 33.36XXXVI. Dalt. 52. cap. 2. But in the former Cases, if any such offender shall be brought before any Justice of Peace, and charged with any such Felonies, (viz. whereof he cannot enquire) Quaere how far the Justice of Peace is to deal, or what he is to do therein, considering the Justices of Peace are no Juudges of such Felonies, neither have they any Jurisdicti∣on given them by the Statutes in such Cases. And yet it may seem both ser∣viceable and safe for the Justice of Peace to examine the Offence, and then to certifie his Examination to such persons as by the Statute are made Judges of the Cause, But it seemeth the Justice of Peace (on 8 H. 6. 12. §. 3. N. 2. of Razures. 3 H. 7. 14. §. 1. N. 4. of the Kings Servants. 33 H. 8. 12. §. 1. N. 4. of the Verge. & 5 Eliz. 14. §. 10. N. 1. of Forgery. & 33 H. 6. 1. §. 1. N. 3. Servants imbezelling Intestates Goods.) may not commit such an Offender to Prison, nor bind over the Informers, nor take the Informati∣on upon Oath, Crompt. 56 a. b.

* 33.37XXXVII. Dalt. 55. cap. 20. If one shall bring a man suspected of Felony before any Justice of Peace, but refuseth to be bound to give Evidence against the Prisoner, either at the Goal-delivery or Quarter-Sessions, as the Case shall require; if such bringer hath given Evidence before the Justice against the Prisoner, or can declare any thing material to prove the Felony, and will not be bound to give Evidence upon his Tryal, the Justice of Peace upon his discretion may commit to Prison such person so refusing, or may bind him to his Good behaviour. But if the bringer of a person suspected of Felony cannot declare any thing material to prove the Felony, nor any other person then present, it seemeth the Justice ought not to commit the Prisoner; and so was the direction of Sir David Williams at the Assizes at Cambridge.

Yet the Justices shall do well to examine the Prisoner; and if he shall confess the Felony, then to commit him; or if the Prisoner be a man of evil same, and that there be a Felony committed; in these Cases the Justice shall not do well to let him go, but at least to bind him over to the next Goal-delivery, and in the mean time to take further Inform' against him, Crompt. 198 b. Dalt. 290. cap. 109.

* 33.38XXXVIII. Dalt. 234. cap. 91. The Justices of Peace may enquire of Pety-Treason, as of Felony; and out of their Sessions every Justice of Peace may deal with the Offenders therein, as in the Case of Felony, by Exami∣nation of the Offenders, by taking Information against them, and binding over the Informers to the General Goal-delivery, and by committing the Offenders to the Goal, Crompt. 21. §. 3. supra 26.

* 33.39XXXIX. Dalt 236, 237. The Enquiry of such a Felony belongeth to the Coroner; and yet if Felo de se be cast into the Sea, or so secretly buried

that the Coroner cannot have the sight of his Body, and so cannot enquire thereof; then the Justices of Peace, or any other having Authority to en∣quire of Felonies, may enquire thereof, (for that it is Felony;) and a pre∣sentment thereof before them, entituleth the King in his Goods, Dalt. 247. cap. 97. it's Quaere.

XL. Dalt. 248. cap. 98.* 33.40 If the Justices of Peace shall Arraign a man of Treason before them at their Sessions, who is found Guilty, &c. and there∣upon is Hanged; this is Felony, as well in the Justices as in the Sheriff, or Officer which shall hang him; for that the Justices of Peace had no Authority therein; but it was coram non Judice, Lect. m. Cocke 10. Co. 76.

XLI. Dalt. 248. ibid.* 33.41 If the Justices of Peace shall Arraign a man of Fe∣lony upon an Indictment of Trespass, whereupon he is Hang'd; this is Felony in the Justices, but not in the Sheriff or Officer, Lect. m. Cocke 10. Co. 76.

XLII. Dalt. 259. cap. 101. Yet may not the Justice of Peace (viz.* 33.42 be∣cause of variety of opinions, Coron 178. Forfeiture. Br. 1. Dr. & St. 17, &c. of the value of Pety-Larceny) before whom such an Offender shall be brought out of the Sessions, punish by his discretion the said Offender for Pety-Larceny, and so let him go, but must commit him to Prison, or Bail him, to the intent he may come to his Tryal, as in case of other Felonies; and if upon his Tryal the Jury shall find the Goods stolen to exceed 12 d. in value, the Offender shall have Judgment to die for the fault.

XLIII. Dalt. 268. cap. 104.* 33.43 Also the Wife is chargable for a Trespass done by her and her Husband together; and therefore howsoevever (in case of Stealing or of Robbery by Baron & Feme) it shall be safe for the Justice of Peace in such cases to commit the Wife to the Goal as well as the Husband.

XLIV. Crompt. 39. §. 7.* 33.44 A Justice of Peace sends for a Felon who is in the Goal, and delivers him without Bond for his appearance, and after he is Indicted; this seemeth to be a voluntary Escape, for he is the cause that he comes not to his Tryal; and so where a man confesseth a Felony before a Justice of Peace, and he lets him go without Bail, &c. But a thing that is done pro defectu Scientiae is no Felony, Dalt. 275. cap. 106. 25 Ed. 3. 39.

XLV. Crompt. 44. §. 44.* 33.45 A Justice of Peace lets one go without Bail who is brought before him for Felony and confesseth it; this is Felony in the Justice as it seemeth, for he is the cause that he comes not to his Tryal, Quaere 1 & 2 Phil. & Mar. 12. §. 3. N. 1.

XLVI. Dalt. 275. cap. 106.* 33.46 If a Justice of Peace or Sheriff shall Bail one who is not bailable, this is a negligent Escape, if by Ignorance, Coron 246. Escape, 4.

XLVII. Dalt. 275. cap. 106.* 33.47 But if one that is brought before a Justice of Peace for suspicion of Felony shall confess the Felony before the Justice of Peace, and yet he shall suffer the Prisoner to go at large without Bail; this is a voluntary escape, and so Felony in the Justice.

XLVIII. Dalt. 288. cap. 108. If the party Robbed,* 33.48 or he that shall have any Goods stolen from him, after complaint by him made of the Felony to a Justice of Peace, or to a Constable, shall then take his Goods again, or otherwise be compounded withal, and will not prosecute the Felon any fur∣ther, but will suffer him to escape after he was once so charged, and per∣haps arrested for the same: Quaere if this makes not him an Accessary, for that he did once agere Criminaliter, by complaint made to the Officer against the Felon; I think the Justice of Peace shall do well at least to bind over both the one and the other to the next Quarter-Sessions, or to the next Goal-delivery, and then to acquaint the Court with the whole matter.

* 33.49XLIX. Crompt. 40. §. 13. Justices of Peace may enquire of Escapes, 1 Rich. 3. 3. §. 1. N. 2. 2 H. 5. 8. & 3 H. 7. 1. §. 1. N. 12.

* 33.50L. Crompt 56 a. b. Nota, That the eight Cases following, though they are Felonies by Statute, yet the Justices of Peace cannot enquire of them as it seemeth, 33 H. 6. 1. of Servants Imbezelling Testators Goods. 2 & 3 Ed. 6. 24. of Accessary in another County. Nor of Indictment of Felony taken before Coroners or Justices of Goal-delivery, or of Oyer and Terminer. Nor of 5 Eliz. 14. §. 10. N. 1. of Forgery. Nor of Razing Records, on 8 H. 6. 12. §. N. Nor of Conspiracy to kill Great Officers, 3 H. 7. 14. & 33 H. 8. 2. of the Verge. Nor 13 Eliz. 1. of Libels against the Queens Succession, &c.) Dalt. 51, 52. supra §. 35, 36.

* 33.51LI. Dalt. 289, 290. cap. 109. If a man do commit Murder, steal Goods, or do any other Felony in one County, and then fleeth into another Coun∣ty, and is taken there, and brought before a Justice of Peace there, he shall be by the Justice Imprisoned in the Goal of the County where he was ta∣ken, and after shall be removed by the Kings Writ into the Goal of the County where he committed the Felony: But for those that do inform against such Felons, the said Justice shall bind such Informers over to appear and to give Evidence against such Felons at the next General Goal-delivery to be holden in that County where the Tryal of such Murder or Felony shall be, whither also the said Justice must certifie such Information taken by him.

* 33.52LII. 10 Co. 76 b. In the Case of the Marshalsea it's said, of a Justice of Peace makes a Warrant to Arrest one for Felony who is not Indicted, though the Justice erred in the granting of it, (34 Ed. 3. 1. §. 1. N. 5. Com. 37 b. & 1 R. 3. 3. §. N. 2.) yet he that made the Arrest by force of this Warrant shall not be punished by Writ of false Imprisonment, because he is Judge of the Cause. And 14 H. 8. 16. Faux Imprisonment, Br. 8. with this agrees. But if one be Indict before Justices of Peace, and confesseth the Felony, and hath a Coroner, and becometh an Approver, and makes an Ap∣peal; such an Appeal before the King was adjudged void, as appears in 9 H. 4. 1. & 2 H. 4. 19. see 44 Ed. 3. 44.

And the reason of this Case (as some suppose) is, because the Commission of the Peace extends only to enquire before themselves, audiend' & termi∣nand', and so the Appeal of the Approver is out of their Commission, be∣cause an Approver makes not his Appeal before the Justices, but to the Co∣roner, and the Coroner records it to the Court. But the reason given 9 H. 4. 1. is, That the Justices of Peace have no power to assign him a Coroner, no more than they can enquire of Treason; as there it's also held, because it is not within their Commission, Lamb. 542. Infra §. 65.

* 33.53LIII. Lamb. 2. cap. 6. pag. 188, 189. There is one thing also whereof I thought meet to admonish our Justices of Peace: In this place many of them do give out their Precepts to Attach persons suspected of Felony, to the end to have them brought before them; which thing is neither newly devised by them, nor done without colour; (34 Ed. 3. 1. §. 1. N. 5.) for they have such a Precedent in the old 1561 Book of Justices of Peace, fol. 41. And there is no doubt but that if a Felony be done every man may Arrest whom∣soever he suspecteth of it; but for all that the whole Court, 14 H. 8. 16. in Faux Imprisonment, Br. 8. & 4 Inst. 176, 177. condemneth such Precepts, because if the Bailiff which serveth the Warrant have suspicion in the party, he may of himself, without the Warrant, Arrest him; and if he have not, then is the Warrant of a Justice of Peace no Warrant to Arrest him, unless he be Indicted before, Crompt. 147 b. Dalt. 303, 304. cap. 113.

* 33.54LIV. Dalt. 330, 331. cap. 117. But I find it much controverted, whether a Justice of Peace may grant a Warrant to Attach persons suspected of Felo∣ny, &c. Some hold that the Justice of Peace may grant his Warrant; for

that it seemeth by the first Assignavimus in the Commission, §. 5. and by the Stat. 5 Ed. 3. 14. §. 1. N. 3. That any one Justice of Peace may cause the Constables to Arrest and Imprison Offenders suspected of Felony, &c. and how shall the Justice of Peace cause this to be done, but by his Warrant or Commandment?

LV. Dalt. 331. ibid. Again, if a Felony be done,* 33.55 there is no doubt but that every private man, without a Warrant, may Arrest whomsoever he suspecteth of it, being a man of evil fame, Crompt. 171 a. Dalt. 337. cap. 118. But if the Offender, being pursued, shall resist, Quaere who shall be aiding to a private man, whose Goods are stolen, and who suspecteth ano∣ther to have stolen them; either to search for the Goods, or to apprehend the party suspected, if the Justice of Peace by his Warrant shall not com∣mand the Constable to aid him therein. If it be objected, that the Consta∣ble may do all this of his own Authority, upon request to him made by the party Robbed. Be it true, yet we find by common experience, that the Constables, without the Justices Warrant therein, are for the most part both very fearful, and also remiss herein; as neither knowing their own Autho∣rity, nor the danger, 2 H. 7. 15, 16.

And yet, by the opinion of the Court 14 H. 8. 16. a Justice of Peace cannot make a Warrant to Arrest a Felon, unless he be Indicted of Felony, or unless the Justice of Peace himself hath suspicion of the Felon; But if the Constable or other Officer shall serve such a Warrant, he shall justifie the same, though the Justice err in awarding thereof, see 24 Ed. 3. 9. Coron. Br. 3. 4 Inst. 176, 177. Lamb. Constable, 17.

LVI. 4 Inst. 177. Sed distinguenda sunt tempora & concordabis Leges;* 33.56 for since the Statutes of 1 & 2 Phil. & Mar. 13. §. 3. N. 1. & 2 & 3 Phil. & Mar. 10. §. 2. N. 2. if any person be charged with any manner of Felony, and Information be given to a Justice of Peace of the Felony, or suspicion of Felony, and feareth that the Kings Peace may be broken in apprehending of him; the said Justice may make a Warrant to the Constable of the Town, to see the Kings Peace kept in the apprehending and bringing the party charged with, or suspected of the Felony before him; and the party that giveth the Information of his knowledge or suspicion to be present, and Arrest the Delinquent. And in this manner it is implyed and intended by the said Statutes, for the Prisoner to be brought before them; and this (as we take it) agreeth with the common use and observance ever since those Statutes; and this agreeth also with 14 H. 8. 16. that a Justice of Peace may make his Warrant for the salvation of the Peace, meaning to assist the party that knoweth or hath suspicion of the Felony. But in this case neither the Constable nor any other can break open any House for the apprehension of the party suspected or charged with the Felony; for it is in Law the Arrest of the party that hath the knowledge or suspicion, who cannot break open any House, but if the doors be open, he may enter into the same, and Arrest the party, &c. 1 Rich. 3. 3. §. 1. N. 2.

LVII. 25 Ed. 3. Stat. 5. cap. 4. §. 1. N. 2.* 33.57 None shall be taken by petiti∣on or suggestion made to the King or Council, unless it be by Indictment or Presentment, &c.

LVIII. Lamb. 540. The Felony of Forgery, 1 Eliz. 14. §. 7. N. 1.* 33.58 after Conviction for a former Offence, the Justices of Peace cannot hear or try at all, Crompt. 56 b.

LIX. Lamb. 540. Neither doth the hearing and tryal of that Felony,* 33.59 33 H. 6. 1. §. 1. N. 3. of a Servant taking the Goods of his Master after his death, belong to the Justices of Peace in the County, because they can∣not take notice of his default in B. R. by which default it first beginneth to be Felony.

LX. Lamb. 541.* 33.60 The like (though for unlike reason) is to be said of the

Felonies of Imbezelling of any of the Records of the Courts at Westminster, against 8 H. 6. 12. §. N. and of an Accessary in one County, where the Felony was done in another, upon 2 & 3 Ed. 6. 24. §. N. because the Jurisdiction over these Felonies is not committed to the Justices of Peace, but remitted to other Judges, by the very same Statutes.

* 33.61LXI. Lamb. 541. And so of the Felony of Conspiring the Death of the King, or of any Lord of the Realm, or of any the Kings Counsel, or of the Steward, Treasurer or Comptroller of the Kings House, because it is to be tryed by them of the Cheque-Roll of the same Houshold, 3 H. 7. 14. §. N.

* 33.62LXII. Lamb. 541. Furthermore, they cannot make tryal of such as were Indicted of Felony before the Coroners, or before the Justices of Goal-deli∣very, or of Oyer and Terminer, if the same persons were not Justices of Peace also in the same Shire, so as the Indictments may be understood to be taken by them as before Justices of Peace; for their Commission and Au∣thority extendeth only to such as stand Indicted before themselves as former Justices of the Peace, or the Sheriff in his Tourn.

* 33.63LXIII. Lamb. 541, 542. It seemeth by Marrow, and Fitzh. 16. that albe∣it two Justices of the Peace (the one of them being of the Quorum) may hear and try the Felonies, yet no Justices of the Peace have Authority to deliver Felons by Proclamation, or without sufficient acquittal; nor yet to deliver such as be in Prison for suspicion of Felony.

* 33.64LXIV. Lamb. 542. Such persons, if they cannot be Indicted, must ei∣ther remain the coming of the Justices of Goal-delivery, as the common manner now is; or else, being removed in B. R. they are either to be de∣livered thence upon the Writ de gestu & fama, as the old Order was, or by such other mean as they at this day do use therein.

* 33.65LXV. Lamb. 542, 543. These Justices of Peace can take no Appeal of any Approver, nor other before them, say all the Justices of C. B. 2 H. 4. 19. and so it is clearly holden, 9 H. 4. 1. because their Commission stretch∣eth not so far, but only to such Felonies as fall out by enquiry before them∣selves or their former fellow Justices, however 44 Ed. 3. 44. upon 5 Ed. 3. 11. §. N. or 8 H. 6. 10. §. N. may seem to a running Reader to al∣low that power unto them, and therefore Stamf. 95. worthily doubteth of this matter, 10 Co. 76 b. supra §. 52. But howsoever that be, yet seemeth it to me no less reasonable then serviceable, that if one Felon will accuse ano∣ther before Justices of the Peace, they may take his Confession, and reprieve him, and thereupon cause the other to be enquired of, and so proceed against him.

* 33.66LXVI. Lamb. 543. They cannot Arraign a man upon his Abjuration, saith Marrow.

* 33.67LXVII. Lamb. 543. It hath also been thought unmeet that they should try a Felon the same day in which they awarded the Venire facias against the Jury 22 Ed. 4. 44. Coron 44. But that hath no necessity; and the Law is now otherwise taken.

* 33.68LXVIII. Lamb. 543. Marrow saith, that they cannot award the Writ Ven' fac. tot' matronas, to try whether a Woman Arraigned before them be with Child or not; but seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved, I cannot but doubt of this opinion.

* 33.69LXIX. Lamb. 543. They may give Clergy to a Felon, if the Ordinary or his Deputy be present to take him; but if they be absent, he must be reprieved, because (as Marrow saith) these Justices can set no Fine upon the Ordinary for his absence, no more than if he will accept one to read as a Clerk, where in truth he cannot read at all. But if you look upon Stamf. 2. cap. 25. he will perswade you that the Ordinary is not the Judge, but a Mi∣nister

in the Tryal of Clergy; and that Clergy may lawfully be given and al∣lowed in his absence.

LXX. Lamb. Preced. 5. pl. 13. An Indictment for Pety-Treason in a Ser∣vant, and Felony in the Procurers thereof.

Kanc. ss.

Juratores pro Domino Rege supra sacrament' suum presentant, quod A. B de C. in Com' predict' Glover, nuper Serviens B. D. de C. predict' in dict' Com' Glover, 10 die Septembr', Anno regni, &c. in domo mansionali predict' B. D. apud C. predict' in Com' predict', vi & armis, videlicet cum Gladiis & pugi∣one districtis ad valentiam 10 solidorum, quos idem A. B. ad tunc & ibidem in manibus suis tenuit in prenominatum B. D. tunc Magistrum suum tunc & ibi∣dem in pace Dei, & dicti Domini Regis, existent' voluntarie, & ex malitia sua precogitata insultum fecit & eundem B. D. tum Magistrum suum ad tunc ibidem cum dicto Gladio felonice & proditorie super caput suum fortiter & valde percussit ita quod dicto ictu caput ipsius B. D. tunc Magistri sui tunc ibidem in duas partes scidid dans ei plagam mortalem unde corpus dicti B. D. immediate ibidem ad terram ceridit & dictus B. D. instanter ibidem de plaga predict a mortuus e. & sic prefat' A. B. apud C. predict', ex malitia sua precogita a eundem B. D. Magistrum suum predict' modo & forma predictis voluntarie ne∣quiter felonice & proditorie interfecit, contra pacem dicti Domini nostri Regis nunc, coron' & dignitat' suas.

Et quod quidem I. S. de C. predict' in Com' predict' Glover, ante proditio∣nem predict' per prefat' A. B. sic ut prefertur voluntarie perpetrat' & commissam niz. 6 die Sept' anno supradicto, eundem A. B. apud C. in Comitat' predict' ad proditionem predict' in forma predict' perpetrandum & committend' felonice consuluit, excitavit & procuravit, contra pacem dicti Domini Regis nunc, ac contra coronam & dignitatem suam.

West, symbol. 2 part 118. sect. 153, 154.

LXXI. Lamb. Preced. 5 b. pl. An Indictment for Murder of a Bastard-Child against the Mother and Midwife as Principals, and against the repu∣ted Father as Accessary before, and against others as Accessary after.

Juratores pro Domino Rege super sacramentum suum presentant, quod H. M.* 34.1 nuper de K. in Com' predict' vidua gravida existens cum quadam Infante viva 24 Maii, anno regni, &c. apud K. predict' in Com' predict' Dei providentia par∣turiit & peperit tuam prolem famelam vivam postea{que} quaedam I. S. nuper de W. in dicto Com' vidua apud K. predict' in Com' predict' vi & armis, ex ma∣litia sua precogitata dicto 24 die Maii, anno supradict' circa horam 11 ante me∣ridiem ejusdem diei per consilium, mandatum & procurationem predictae H. M. ac in presentia ipsius H. M. in predict' prolem famelam vivam insultum fecit & cum quodam catello ad valentiam unius denarii quem eadem jana tunc in manu tua dextra tenuit Gutter, ipsius prolis famelae quandam plagam morta∣lem in Gutture suo predicto de qua quidem plaga mortali proles famela predict' apud C. predict' in Com' predict' ad tunc & ibidem instanter obiit & quod pre∣dict' H. M. ad tunc & ibidem felonice fuit presens, comfortan•• & auxilians ad predict' prolem famelam in forma predict' interficiendam & sic prefatae H. M. & jana predict' prolem famelam predict' ex malitia sua precogitata felonice & voluntarie interfecerunt & murdraverunt contra pacem dicti Domini Regis, coronam & dignitatem suas.

Et in super Juratores predicti super sacramentum suum presentant, pro dicto Domini Rege, quod Georgius R. nuper de K. predict' in dicto Comitatu Yeoman, 19 die Maii, anno regni, &c. ac diversis aliis diebus & vicibus ante feloniam & murdrum predict' in forma predict' perpetrat' apud K. predict' in Com' predict' malitiose & felonice consuluit, mandavit, procuravit & abettavit predict' H. M. ad predict' murdrum voluntarium faciend' ac ad interficiend' & murdrand' dictum prolem famelam, contra pacem dicti Domini Regis nunc. Et ulterius

quod O. P. & A. B. de K. predict' in Com' predict' Spinsters, post murdrum & feloniam predict' in forma predict' facta scientes prefatas H. M. & I. S. feloni∣am & murdrum predict' in forma predict' fecisse & perpetrasse ipsam tamen H. M. apud K. predict' in Com' predict' 27 die dicti mensis Maii, anno supra∣dict' felonice receptaverunt & comfortaverunt, contra pacem dicti Domini Regis nunc, coronam & dignitatem suam. West. symb. 2. part 117 b. sect. 152. Dyer 186. pl. 2.

LXXII. Lamb. Preced. 6. pl. 15. An Indictment for wilful Poysoning, on 1 Ed. 6. 12. §. 13. N. 1.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod T. H. de C. in Com' predict' Yeoman, secundo die Decembris, anno regni, &c. apud C. predict' in Com' predict' in domo mansionali ibidem cujusdam W. B. nuper de C. predict' in dicto Comitat' Yeoman, ex malitia sua propensa & precogita∣ta voluntarie & felonice Porrexit ac dedit in catillo quodam eidem W. B. ad edendum quaedam olera, Anglice vocat' Pottage, excecuta venenocissima & aliis Herbis virulentis confect' & composita quae quidem olera predictus W. B. tunc ibidem cum Cocleari quod in manu sua dextra tenuit comedit unde predictus W. B. statim postea aegrotabat ac à predicto secundo die Decembr. anno supra∣dict' in dicta domo suo apud C. predict' languebat us{que} sextum diem dicti mensis Decembr. anno supradicto quo quidem sexto die anno supradicto predictus W. B. ex dicto esu olerum predictorum in dicta domo sua apud C. predict' in dicto Comitatu interiit. Et sic Juratores predicti super sacramentum suum pre∣sentant, quod predict' T. H. prenominatum W. B. apud C. predict' in Comitat' predict' modo & forma supradict' ex malitia sua precogitata voluntarie & felo∣nice veneno predicto interfecit ac murdravit, contra pacem dicti Domini Regis nunc, ac contra formam Statuti in Parliament' Domini Edwardi nuper Regis Angliae sexti tento apud Westm. in Com' Midd. anno regni sui primo, in hujusmodi casu provisi ac editi.

22 H. 8. 9. §. 1. N. 2. West. symb. 2. part 120 b. sect. 163.

LXXIII. West. symb. 2. part 121. sect. 164. An Indictment for wilful Poysoning one in a Potion.

Essex ss.

Juratores pro Domino Regina super sacramentum suum presentant, quod H. R. nuper de C. in Com E. predict' Yeoman, 10 die Octob. anno, &c. Deum pre occulis suis non habeus sed instigatione Diabolica seduct' ex malitia sua precogitat' quaendam R. F. in pace Dei & dictae Dominae Reginae existent' apud C. predict' in Com' E. ad libend' pretextu amoris & amicitiae invitavit & eidem R. F. ad tunc & ibidem Potionem quendam veneno intermixtam & intoxicat' felonice dedit quam quidem Potionem predict' R. F. ex instigatione & procuratione dict' H. ad tunc & ibidem accepit & eandem Potionem super illud immediate bibebat & exhausit ratione cujus dict' R. F. immediate post Potionem predict' sic exhaustum morbo correptus fuit ac à predict' 10 die Octob. anno supradict', usque quartum diem Febr. &c. apud C. predict' in Com' predict' languebat quo quidem quarto die Febr. anno, &c. supradict' predict' R. F. ex Potione & intoxicatione predict' apud C. predict' in Com' E. predict' obiit, & sic predict' R. H. prefat' R. F. apud C. predict' in Com' predict' modo & forma supradictis cum Potione predict' veneno intermixta & intoxicata felonice inter∣fecit & murdravit, contra pacem dictae Dominae Reginae nunc, & contra form' Statuti inde in hujusmodi casu editi & provisi.

LXXIV. West. symb. 2. part 121. sect. 165. An Indictment for Murder by wilful Poysoning, upon 1 Ed. 6. 12. §. 13. N. 1. wherein the Statute is recited.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod cum in Statuto in Parliament' Dom' Edw. nuper Regis Angliae sexti, apud Westm.

in Com' Midd. anno regni sui primo tento editi inter alia enactitat' existat' Au∣thoritate ejusdem quod omnis voluntaria interfectio per venenum, Anglice Poy∣soning, alicujus personae sive personarum quae ad aliquod tempus ex tunc impo∣sterum facta perpetrata sine commissa foret: Adjudicaretur haberetur & existi∣maretur voluntarium murdrum de malitia propensa quodque offensores in ea par∣te eorum coadjutores abettatores, procuratores & consiliatores sustinerent mor∣tem, & forisfacturam in quolibet respectu ut in aliis Casibus voluntarii Murdri de malitia propensa; prout in eodem Statuto plene liquet quidam tamen A. B. nuper de C. in Com' E. Labourer Statut' predict', & paenam in eodem content' parvi pendens, neque timorem Dei pre oculis suis habens, 20 die Januarii, anno, &c. apud R. predict' in predict' Comitatu E. ex ma litia sua precogitata quen∣dam E. L. voluntarie & felonice per venanum interfecit & murdravit, contra pacem dicti Domini Regis coronam & dignitatem suas, ac contra form' Statuti predicti, &c.

Crompt. 270. pl. 112.

LXXV. West. Symb. 2 part 121 b. sect. 166. An Indictment for Pety-Treason against the Wife for poysoning her Husband, by putting Arsnick and Rosegree in his Drink.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de F. in Com' predict' vidua nuper uxor' I. B. de F. predict', &c. contra debitum Matrimonii vinculum ac zelum & amorem quem eadem A. B. erga predict' J. B. nuper virum suum gerere deberet Diabolico instinctu ducta ex malitia sua pre∣cogitata machinans & intende••••s eundem I. B. nuper virum suum vita sua pri∣mare ac ipsum felonice & proditorie murdrare 11 die Jan. anno, &c. apud F. &c. felonice & proditorie posuit in potu ipsius I. B. ad tunc viri sui quoddam venenum mortiferum, Anglice vocat', Arsnick and Rosegree, ac potum illum sic venenatum felonice & proditorie ad tunc & ibidem predicto I. B. dedit & ministravit bib••nd': Qui quidem I. B. nihil fraudis aut doli versus predict' A. inde suspiciens potum illum sic venenatum & intoxicatum ad tunc & ibidem per instigation' & procuration' predicti A. Bibit per quod idem I. B. ab eodem 11 die Jan. &c. usque 22 diem Jan. tunc proxime sequent' languebat, quo quidem 22 die, anno, &c. idem I. B. de veneno illo apud F. &c. obiit, & sic super sacra∣mentum suum dicunt Juratrres predicti quod predict' A. die & anno supradict' predict' I. B. ad tunc virum suum apud F. &c. felonice & proditorie intoxica∣vit & murdravit, contra pacem dicti Domini Regis, &c.

Com. 473. Crompt. 270. lib. intr. 52. Stamf. 94.

LXXVI. Lamb. Preced. 6. pl. 16. An Indictment for a Murder committed by two.

Kanc ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. nuper de C. in dicto Comitatu Blacksmith, & D. E. de C. predict' in Com' pre∣dict' Butcher, 7 die Septemb. anno regni, &c. vi & armis ex malitia sua pre∣cogitata & premeditata in quendam F. G. nuper de B. in dicto Com' Yeoman, apud B. predict' in Com' predict' in quodam loco ibidem vulgariter nuncupat' the Bowling-place, ad tunc & ibidem in pace Dei & dicti Domini Regis ex∣istentem insultum fecerunt & prefatus A. B. cum quodam Gladio districto ad valentiam U. S. quem ipse in manu sua dextra ad tunc & ibidem tenuit ipsum F. G. super synceput suum voluntarie & felonice tunc ibidem percussit & eo ipso ictu dedite idem F. G. quandam plagam mortalem in longitudine trium pollicium & in profunditate quinque pollicium & dimidium de qua quidem mortali plaga predict' F. G. tunc ibidem instanter & immediate obiit, & ulterius quod pre∣dict' D. E. cum quodam baculo ad valentiam unius oboli quem ipse in manibus suis ad tunc ibidem tenuit ipsum F. G. ad tunc & ibidem voluntarie & felo∣nice percussit super caput suum dans eidem F. G. unam aliam plagam mortalem in dicto suo capitae in longitudine trium pollicium & in profunditate duorum pollicium unde idem F. G. de plaga ultive predicta obiisset si non obiisset de ictu

illo priore predicto quam predictus A. B. ei primo dederat, & sic Juratores pre∣dicti super sacramentum suum dicunt quod prenominati A. B. & D. E. dicto 7 die Septembr. anno supradicto apud B. predict' in predicto loco, vocat' the Bowling-place, predict' F. G. modo & forma predictis ex malitia sua precogi∣tata voluntarie & felonice interfecerunt & murdraverunt, contra pacem dicti Domini Regis, ac contra coronam & dignitatem suam,

Crompt. 243 b. pl. 38.

* 39.1LXXVII. Lamb. Preced. 7. pl. 17. An Indictment for killing a man by Chance-medley.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de C. in Com' predict' Sowgelder, 16 die Septembr. anno, &c. apud C. pre∣dict' in Com' predict' quendam E. F. nuper de C. in Com' predict. Weaver, (cui tunc ibidem fortuito & casu obviam venit) contumeliosis verbis lacessivit ac in eundem E. F. tunc & ibidem in pace Dei, ac dicti Domini Regis existent' vi & armis insultum fecit & ventrem dici E. F. tunc & ibidem cum Baculo longo cuspide preacuto cupitato, Anglice vocat' a long sharp picked Staff, quem idem A. B. tunc ibidem in manibus suis tenuit felonice pupugit & pre∣fodit dans eidem E. F. vulnus mortale in dicto ventre suo latitudinis unius pol∣licis & profunditatis 8 pollicium de quo quidem mortali vulnere idem E. F. tunc ibidem instanter obiit ac interiit, contra pacem dicti Domini Regis nunc, ac corona coronam & dignitatem suas,

Crompt. 243. pl. 36. & 243 b. pl. 37. West. symb. 2 part 142. sect. 260.

* 40.1LXXVIII. West symb. 2 part 136 b. sect. 235. An Indictment for Murder ex malitia prepensa Fact'.

Kanc. ss.

Inquiratur pro Domino Rege, si I. D. in Com' predict' Yeoman, laicus homo, &c. vi & armis ac de malitia sua precogitata in W. H. ad tunc & ibidem in pace Dei & Domini Regis nunc, existent' insult' fecit & cum uno Gladio pretii 12 d. quod idem I. in manibus suis ad tunc & ibidem tenuit prefat' W.H. felonice percussit & dedit ei tunc & ibidem super caput suum usque cerebram unam plagam de qua quidem plaga mortali idem W.H. ad tunc & ibidem instanter moriebatur & sic idem I. D. prefat' W.H. modo & forma predict' felonice interfecit & murdravit, contra pacem dicti Domini Regis, coronam & dignitatem suam, & contra form' Stat' de an. 23 Regis H. 8. nuper edit' & provisi, 23 H. 8. 1. §. 3. N. 1.

* 41.1LXXIX. West. symb. 2 part 142. sect. 261. An Indictment for Murder, and the Murderers flying, &c.

Essex ss.

Inquiratur pro Domina Regina, si T. B. nuper de C. in Com' predict' Yeoman, 20 die, &c. anno, &c. vi & armis, &c. ex malitia sua precogitat apud D. in Comitat' predict' in quendam W. W. ad tunc & ibidem in pace Dei, & dictae Dominae Reginae existent' insultum fecit & ipsum W. ad tunc & ibidem verberavit vulneravit ac maletractavit ac ipsum W. cum quodam Baculo ad valentiam, &c. quem idem T. B. ad tunc & ibidem in manu sua dextra tenebat prefat' W. super sinistram partem tibiae suae felonice percussit dans ei plagam mortalem ob quam quidem plagam mortalem predict' W. à predict' 20 die, &c. anno, &c. usque ad 8 diem Julii tunc proxime sequent' languebat & de eadem plaga mortali predict' W. &c. apud, &c. predict' 20 die Julii, anno supradict' moriebatur & sic predict' T. B. predict' 8 die Julii anno supradict' apud B. predict' felonice murdravit & interfecit, predict' W. contra pacem dictae Dominae Reginae, &c. & post feloniam & murdrum pre∣dict' immediate fugiebat, contra pacem, &c.

Cromp. 243. pl. 36. & 244 b. pl. 39.

* 42.1LXXX. Crompt. 242 b. 243 a. pl. 35, 36. An Indictment of Murder.

Essex ss.

Inquiratur pro Domino Rege, si H.W. nuper de S. in Com' predict' Tay∣ler,

& W. C. de S. in Com' predict' Weaver, primo die Martii, anno regni, &c. apud C. in Com' predict' vi & armis, &c. in quendam T. B. in pace Dei & dicti Domini Regis, ad tunc & ibidem existent' insult' fecerunt & pre∣dict' H.W. cum quodam falcastro, Anglice vocat' a Welsh Hook, valoris 12 d. quo idem H. in utraque manu sua ad tunc & ibidem tenebat predict' T. B. super dextrum brachinum prope manum dextram ad tunc & ibidem felonice percussit dans eidem T. ad tunc & ibidem cum falcastor predict' unam plagam mortalem profunditatis duorum pollicium & longitudinis quinque pollicium de qua quidem plaga mortali predict' T. ad tunc & ibidem instanter obiit, & sic predicti H.W. & W. C. apud S. predict' in Com' pre∣dict' modo & forma predict' prefat' T. B. felonice ac ex malitia sua precogi∣tata interfecerunt & murdraverunt, contra pacem dicti Domini Regis nunc, coronam & dignitatem suas. Et si J. H. de S. predict' in Com' predict' Hus∣bandman, ante feloniam & murdrum predict' per prefat' H. & W. sic in for∣ma predict' commissum & perpetrat' viz. predict' primo die Martii, anno regni Regis Jacobi secundo predict' apud S. predict' in Com' predict', pre∣dict' H. W. & W. C. ad feloniam & murdrum predict' sic in forma predict' faciend' & perpetrand' malitiose & felonice incitavit, abettavit, & procura∣vit, contra pacem dicti Domini Regis coronam & dignitatem suam.

2. In the Indictment he need not mention the profundity nor breadth of the Wound where the Pan of the Knee is cut out, no more than where an Arm or a Leg is cut off, 4 Co. 42.

3. The Indictment in Murder, if he were struck one day and died ano∣ther, shall conclude that he murdered the party the day that he died, and not the day that he was struck, 4 Co. 42, 45, 47.

LXXXI. Crompt. 244 b. pl. 40.* 43.1 An Indictment against him that Suffocated a man.

Staff. ss.

Inquiratur pro Domino Rege, si I. P. nuper de W. in Com' predict' Tay∣ler, 11 die Novembr. anno regni, &c. Deum prae oculis suis non habens, sed instigatione Diabolica seduct' apud H. in Com' predict' in Communi Pastura ibidem vocat' E. in Com' predict' vi & armis, &c. ex malitia sua precogitat' in & super quandam T. P. filiam predict' Johannis ad tunc & ibidem in pace Dei & dicti Domini Regis existent' insult' fecit ac cum quadam Fibula vo∣cat' an Apron-string, valoris 1 d. qua predict' I. ad tunc & ibidem in manibus suis tenuit collum dictae T. circumstruxit ac ipsam T. cum Fibula predict' ad tunc & ibidem felonice suffocavit de qua quidem suffocatione predict' T. P. ad tunc & ibidem instanter obiit, & sic predict' I. predict' T. P. predict' 11 die Novembr. anno supradict' apud H. predict' in Com' predict' ex malitia sua precogitata modo & forma predictis felonice interfecit & murdravit, contra pacem dicti Domini Kegis, &c.

LXXXII. Lamb. Preced. 7 b. pl. 18.* 44.1 An Indictment for pulling out a mans Eyes, 5 H. 4. 5. §. 1. N. 2.

Staff. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de D. in dicto Comitat' Tinker, 9 die Sept. anno regni, &c. in quo∣dam loco apud D. predict' in Com' predict' vocat' the Dene, vi & armis in quendam D. E. de D. predict' in Com' predict' Yeoman, in pace dicti Domi∣ni Regis tunc ibidem existent' insultum fecit, & tunc & ibidem ex malitia sua precogitata digitis & unguibus digitorum ipso A. B. oculos ipsius D. E. felonice effodit ac erint, contra pacem dicti Domini Regis nostri, coronam & dignitatect suam, ac contra form' cujusdam Statuti in Parliamento Domini Regis Henrici olim Regis Angliae, quarti tento apud Westmonaster' in Comitat' Middlesex, anno regni sui Quinto, in hujusmodi casu provisi & editi.

LXXXIII. Crompt. 245. pl. 41. Indictment for Burning a House.

Staff. ss.

Inquiratur pro Domino Rege, si W. S. nuper de O. in Com' predict' Smyth, 12 die Octobr. anno regni, &c. circa horam 12 in nocte ejusdem die vi & armis, viz. Gladiis, Scutis, Baculis, Arcubus & Sagittis, apud S. in Com' predict' ad domum mansionalem cujusdam Johannis C. simne cum aliis ventebat ea intentione ad spoliand' dictum Johannem, de bonis & catal∣lis suis in eadem domo tunc existent' ac si idem W. nuper tecturam ejusdem domus, vulgariter nuncupat' the covering of the House, ad tunc & ibidem cum una Scala ascendebat & scandebat ea intentione per tecturam predict' ad intrand' & ingrediend, in domum illam ac si dictus Wil. simne cum aliis predict' J. G. R. C. M. P. & Eliz. G. in eadem domo tunc existent' tantum timorem corporalem tunc & ibidem inferebant ita quod de vitis suis despa∣rabatur ac si dict' Willielmus simus cum aliis predictis ad tunc & ibidem ex malitia sua precogitata eandem domum cum igne tunc & ibidem felonice comburebant predict' J. G. R. C. M. P. & Eliz. G. in eadem domo existent' contra pacem, &c. Ac si W. R. de B. in Com' predicto Yeoman, & W. S. de S. in Com' predicto generosus ante feloniam predict' per ipsos J. C. & alios fact' & perpetrat' predict' Wil. S. predict' 12 die Octobr. anno supradicto apud B. predict' in Com' predict' ad feloniam predict' sic in forma predict' faciend' & perpetrand' felonice excitaverunt procuraverunt & abettaverunt contra pacem, &c. ac si predict' W. R. & W. S. scientes predict' Willielmi S. simul cum aliis supradict feloniam predict' in forma predict' sic fecisse & per∣petrasse eundem W. S. postea scil' 13 die Octobr. anno predict' apud B. pre∣dict' in Com' predict' felonice receperunt comfortaverunt, hospitaverunt & conclaverunt contra pacem, &c.

West. symb. 2 part 143. sect. 268.

LXXXIV. Crompt. 245. pl. 42. An Indictment for Burglary.

Staff. ss.

Inquiratur pro Domino Rege, quod cum T. H. nuper de H. in Com' pre∣dict' Yeoman, 10 die Maii, anno regni, &c. domum mansionalem cujusdam P. Armig' apud H. predict' in Com' predict' circa horam 10 in nocte ejus∣dem dici felonice & burglariter fregit & intravit & quadraginta libr' in pe∣cuniis numerat' de bonis & callis predict' P. in quadam cista in domo predi∣cto ad tunc existent' invent' felonice cepit & asportavit, contra pacem dicti Domini Regis: Et si quidem Christopherus G. nuper de H. predict' in Com' S. predict' Yeoman, ante feloniam & burglariam predict' per ipsum T. H. in forma predict' fact' & perpetrat' viz. 6 die Maii, anno supradicto eundem T. H. apud H. predict' in Com' predict' ad feloniam burglarium predict' in forma predict' sic faciend' felonice excitavit, abettavit & procuravit, contra pacem, &c. & si quidem J. R. nuper de C. in Com' predict' Yeoman, sciens prefat' T. H. feloniam predict' in forma predict' sic fecisse & perpetrasse eun∣dem T. H. dicto 10 die Maii, anno supra dicto past feloniam predict' per ip∣sum T. H. sic ut prefertur fact' & perpetrat' eundem T. H. apud H. predict' in Com' predict' felonice receptavit, comfortavit & hospitavit contra pacem dicti Domini Regis, &c.

Crompt. 245 b. 246. pl. 43, 44, 45. West. symb. 2 part 145. sect. 279, 280, 281, 282.

LXXXV. Lamb. Preced. 9 b. pl. 25. An Indictment for a Robbery in the High-way.

Kanc. ss.

Inquiratur pro Domino Rege, si A. B. de C. in dicto Com' Mariner, sexto die mensis Octobr. anno regni, &c. vi & armis, viz. cum Gladiis & Pugione ad valentiam 10 s. districtis inter horas 7 & 8 ante meridiem ejusdem di••i in alta via regia juxta quendam locum vocat' Gads Hill, infra parochiam de F. in Com' predict' petite Chapman tunc & ibidem in pace Dei, ac dicti Domini Regis existent' insult' fecit & ipsum. J. S. tunc ibidem cum dicto Gladio percussit & vulneravit & viginti solidos legalis monetae Angliae nu∣merata

in crumena ipsius I. S. existent' de bonis & catallis predicti I. S. ad tunc & ibidem ventos à personas ipsius I. S. tunc & ibidem violenter & felonice cepit & asportavit in magnum predicti I. S. terrorem, ac contra pa∣cem dicti Domini Regis coronam & dignitatem suas.

LXXXVI. Lamb. Preced. 9 b. pl. 26. An Indictment for the taking of a Purse privately from the person.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod I. S. nuper de A. in dicto Com' Tayler, sexto die Julii, anno regni, &c. apud A. predict' in Com' predict' in quodam loco ibidem vocat' the Elms, vi & armis in quendam R. M. de A. predict' in Com' predict' Grocer, insult' fecit & 20 s. in pecuniis numeratis in crumena ipsius R. M. tunc ibidem ex∣istent' inventas de predict' crumena ipsius R. M. tunc & ibidem à persona ipsius R. M. clam & insciente ipso R. M. felonice cepit & asportavit, contra pacem dicti Domini Regis, ac contra coronam & dignitatem suas.

LXXXVII. Lamb. Preced. 10. pl. 27. An Indictment against the stealer of a Horse, and his after Accessary, Lamb. Preced. 10 b. pl. 29. of a Cow.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. nuper de E. in dicto Com' Gelder, 29 die Aug' anno, &c. vi & armis quodam stabulum in domo mansionali cujusdam I. S. infra parochiam de E. predict' in Com' predict' existens fregit ac intravit & unum Equum spadonem, Anglice vocat' a Gelding, coloris albi, pretii 6 l. & unum Equam, coloris nigri, pretii 30 s. de bonis & catallis ipsius I. S. tunc & ibidem existent' in∣ventos felonice cepit & abduxit, contra pacem dicti Domini Regis, coronam & dignitatem suas.

Et quod K. H. nuper de E. predict' in Com' predict' Horse-courser, sciens prefat' A. B. feloniam predict' apud E. predict' modo & forma predict' fe∣cisse & perpetrasse eundem tamen A. B. apud E. predict' in Com' predict' 30 die dicti mensis Aug' anno supradicto felonice recepit & hospitio excepit post feloniam predict' sic per ipsum A. B. ut prefertur fact' & commissum, contra pacem dicti Domini nostri Regis nunc, ac contra coronam & regiam dignitatem suas.

LXXXVIII. Lamb. Preced. 10. pl. 28. An Indictment against a Servant that stealeth his Masters Goods committed to his keeping.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod cum A. B. de E. dicto Com' Mercer, 20 die Septembr. anno regni, &c. in domo mansionali ipsius A. B. apud E. predict' in Com' predict' delibe∣rasset & cuidam E. F. de E. predict' in dicto Com' Mercer, tunc serviens ip∣sius A. B. pro uno anno integro retento ac etatis 19 annorum existenti 10 l. in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. eas∣dem salvo custodivet ad usum predict' A. B. tunc Magistri sui idem E. F. dicto 20 die Setembr. anno supradict' (Apprenticius dicti A. B. tunc non existens) apud E. predict' in Com' predict' â dicto Magistro suo una cum predict' 10 l. dicti A. B. tunc Magistri sui malitiose & felonice discessit abiit & aufugit ea intentione ad furand' dictas 10 l. contra fiduciam in eo per pre∣fat' A. B. tunc Magistrum suum repositam & collocatam, & ad inde dictum A. B. Magistrum suum predict' defraudand', contra pacem dicti Domini Re∣gis, ac contra formam diversorum Statutorum hujus regni Angliae in hujus∣modi casu provisorum & editorum, 21 H. 8. 7. §. 1. N. 2. & 5 Eliz. 10.

Corruption of Bloud,

see Coron.

Corporal Pain,

see Pain, Judgment.

Costs,

see Damages.

Cottages,

see Poor.

Counterfeits,

see Forgery.

County-Courts,

see Justices, Sheriffs.

Courts,

see Justices.

Coupers,

see Trades.

Coynage,

see Money.

Counsel,

see Pleading.

Cries,

see Fresh-Suit.

Crosss-Bows,

see Games, Wars.

Crows,

see Fowl.

Cursing,

see Oaths.

Curriers,

see Leather.

Customers,

see Merchants, Admiral.

Custus Rotulorum,

see Peace.

Cut-purses,

see Coron.

Cutting of Tongues, Ponds, &c.

see Coron.

Costs,

Damages.

I. 18 Eliz. 5. §. 3. N. 3. And that if any such Informer (viz. on penal Law, &c.) shall willingly delay his Suit, or shall discontinue, or be Non-suited, or have Verdict or Judgment against him, then he shall yield, &c. unto the party Defendant his Costs, Charges and Damages to be assigned by the Court in which the same Suit shall be attempted.

Days.

Lent, Sabbath, Limitation.

LAmb. 4. cap. 4. pag. 452. Enquiry in Sessions if any person (other than by reason of Age, Sickness, Childing, or License) have within this year eaten Flesh in Lent, or upon any Fish day observed by the custom of this Realm, 2. & 3, Ed. 6. 19. §. N. & 5 Eliz. 5. §. N.

II. Shepherds Clerks Cabinet, 17. cap. 3. A Warrant to any forfeiture, on 1. Car. 1. cap. 1. §. N.

W. S. Esquire, &c.

to the Constables and Tythingmen of D. within this County and every of them, or to the Churchwardens of D. and C.

Whereas the persons undernamed, all of your Parish of D. within this County, have been lawfully convicted before me, that the first day of May last past, being the Lords-day, did cause or maintain, or keep an Assembly, Meeting, or Concourse, at Sale in this County, being out of their own Pa∣rish, for Sports and Pastimes, viz. for Foot-ball and for Wrestling: (or caused an Assembly, Meeting, or Concourse of People for a Bear-bating, or for a Bull-bating, or for a Common Play, or for Cards and Dice, or for Dancing, &c.) contrary to the Acts of Parliament in that case provided, by which either of them hath forfeited 3. s. 4. d. a piece, for the use of the poor of

your Parish, to be levied by the Constables or Churchwardens by distress, and sale of the Goods of the Offender; and in default of Distress, to be put in the Stocks three hours. These are therefore to Authorize and Re∣quire you, forthwith to levy the same Sum of 3. s. 4. d. of every of the said named persons, and of their Goods respectively by distress and sale thereof, rendring to them the overplus. And in case of lack of distress, that then you see that the same person or persons lacking distress, be set publickly in the Stocks by the space of three hours, and the same mony forfeited being by you received, that you take care the same be by you employed to the use of the Poor of your Parish, according to the said Act; And hereof fail not, &c.

Given under my Hand and Seal, the tenth day of, &c.

• W. S. of Dale, Husbandman.
• I. S. of the same, Yeoman.
• K. L. of the same, Labourer.
• N. M. of Sale, Yeoman.

III. Shepherds Clerks Cabinet, 19. cap. 30. Warrant on 3 Car. 1. cap. 1.* 52.1 §. N. for the forfeiture.

W. S. &c. To the Constables, &c.

It being duly proved before me, that I. S. of your Parish of D,* 53.1 a com∣mon Carrier, &c. the first day of &c. Anno &c. being the Lords day, in your Parish of D. aforesaid, did, being then a common Carrier, with his Horse, &c. Travel into and through your said Parish of D. contrary to the Statute in that case provided, by which he hath forfeited twenty Shillings to the use of the poor of your Parish of D. These are therefore to Autho∣rize and Require you, forthwith to levy the same twenty Shillings of the Goods of the said I. S. by distress and sale thereof, rendring to him the o∣verplus: And the same so by you received, that you see it be employed to the use of the Poor of your Parish, according to the intent of the same Statute, and hereof, &c.

Given under my Hand and Seal, &c. the tenth day of, &c.

II. ibid. A Warrant against a Butcher for killing meat on the Lords day,* 53.2 on 3 Car. 1. cap. 1.

To the Constables and Tythingmen of D. and every of them; or to the Church∣wardens of D. &c.
W. S. One of his Majesties Justices for this County of G.* 54.1 assigned to keep the Peace, Greeting.

It being duly proved before me, that I. S. of your Town, Butcher, did in D. aforesaid, the first day of May last past, being the Lords day, kill or cause to be killed Victuals, to wit, one Calf (or did sell Victuals) contra∣ry to the Act of Parliament in that case provided; whereby he hath for∣feited 6. s. 8. d. to the use of the Poor, &c. These are therefore to Autho∣rize and Require you, forthwith to levy the same 6. s. 8. d. &c. and hereof you are not to fail, &c.

Given, &c.

III. ibid.

To the Constables, &c.

It being duly proved before me, or some of his Majesties Justices, &c. that I. S. of your Parish, did, the first day of May last,* 55.1 being the Lords day, at Dale aforesaid, without reasonable cause, carry Burthens, viz. a Bushel of Wheat to a Mill there (or do worldly Labour and Work, viz. drive Cattel from one ground to another, half a mile distant) contrary to the Act of Parliament in that case provided, by which he hath forfeited 5. s. to the

use of the poor, &c. These are therefore to Authorize and Require you, &c.

Given under my Hand and Seal, &c.

Shepherds Clerks Cabinet, 20, 21. A Warrant upon 1 Car. 1. cap. 1. a∣gainst Officers for negligence.

* 56.1To the Constables, Churchwardens, and Overseers of the Poor of the Parish of N. in the County of Glouc.

* 56.2Information and Complaint being given in and made unto us, W. S. and I. S. two of his Majesties Justices, &c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by disorder∣ly meetings of young people, by Gaming, Sports and Pastimes, Drinking, Tipling, and by other means, contrary to the Laws in that case provided; and that you are negligent in the duties laid upon you by the same Laws. These are therefore straitly to charge you henceforth to look to it, that no such disorders be hereafter among you, but that you forbid the same, and that you do from time to time, according to the duty of your places, make diligent search for the finding out, apprehending, and punishing of all them that shall be found offenders herein; and that you do inform us hereof as occasion shall be: And that you or some of you appear before the Justices of the Peace at the house of, &c. upon, &c. to bring in the Names in wri∣ting of those persons who shall in the mean time offend in the Premisses. Letting you to know that if you fail hereof, we shall not fail to inflict the punishment appointed by the same Laws upon you, for your neglect there∣in.

Given under our Hands, &c.

Death,

see Coron.

Dear,

see Forest.

Deceit,

see Collusion.

Deeds,

see Inrollment.

Dedimus Potestatem,

see Oath.

Demurrer,

see Pleading.

Denyal of Offence,

see Proof.

Deodand,

see Coron.

Departure,

see Apprentice.

Deputy,

see Officer.

Denizen,

see Alien.

Dignity.

Peers, Priviledge nosine Tryals.

* 56.3LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Com∣mon Law also (viz. before 1 H. 5. 5. of additions in Indictments; where process of Outlawry lay &c.) as touching Names of Dignity made by Creation; as Duke, Marquess, Earl, Viscount, Arch-Bishop, Bishop, Knight, or Serjeant at Law; because every of these Titles was accounted parcel of the Name: But it was not so of the Names of Baron, Baneret, and Esquire, which are but Names of Dignity without collation, nor of Chan∣cellor, Treasurer, Chamberlain, Sheriff, Coroner, Escheator, Bayliff, Dean, Arch-Deacon, Prebendary, or Parson: Which are Names of Dignity by rea∣son of Office only, unless the presentment did charge them in respect of their Offices.

II. Lamb. 531. I mean by the word Nobility as our Law speaketh,* 56.4 which calleth none Noble under the degree of a Baron, and not as men of foreign Countries, do use to speak; with whom every man of Gentile Birth is ac∣counted Noble: For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons: Howbeit in cases of forci∣ble Entry, Riot, and unlawful Assembly, or such like; they of the Nobi∣lity shall be tryed by twelve men, even as other inferior Subjects, 3 & 4 Ph. & Mar. reported by Dalison.

III. Crompt. 134, 135. A man who would have the Peace against a Lord,* 56.5 or such a Great Man whom the Sheriff durst not Arrest, may have a Sub-poena out of the Chancery against him of common right, as it was held in the Exchequer Chamber by all the Justices, in the Case of the Dutchess of Suffolk.

35 H. 6. Subpoena 20. Query, If he will not appear upon the Sub-poena, if he shall have an Attachment; for it was held in the case of the Lord Cromwel in Chancery, about 18 Eliz. that an Attachment doth not lye a∣gainst a Lord, where he makes default upon a Sub-poena against him out of the Chancery, see Dyer 315. Pl. accord. see Rast. Entr. 29.

The Lord Tiploss threatned and assaulted another, and it was made appear, and commanded that he should not meddle, who promised it, see 24 Ed. 3. 33 Contempts, Br. 6. the like mattec, 17 Ed. 4. 4.

IV. Dalt. I. S. 16. cap. 68.* 56.6 the Law hath conceived such an opinion of the peaceable disposition of Noblemen, that it hath been thought enough to take one of their promises upon his Honour, that he would not break the Peace against a man: And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament, or such Great and Noble Personage, he shall not have a Warrant from the Justices of the Peace to that purpose, nor yet have a Supplicant out of the Chancery, directed to the Justices of Peace therefore; but if there be cause, he shall have a Sub-poena 20. of common right, as it seemeth, out of the Chancery, and there such Lord, &c. shall be bound to the Peace, &c. Contempt, 134.

V. Dalt. 161, 162. cap. 68.* 56.7 But though it be true, that the person of a Baron, who is a Peer of the Parliament, shall not be arrested for, or in cases of Debt, or Trespass by his Body, in respect of their Dignity and Suf∣ficiency; yet in cases of Contempt it seemeth they may be arrested by Ca∣pias or Attachment, &c. 27 A. 8. 22. b. 6 Co. 53, 54. & 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth, that the party may have the Peace in the Chancery against such Lord or Peer, to have a Supplicant to the Sheriff, &c. F. N. B. 79.

VI. Dalt. 335. cap. 118.* 56.8 But the Justices of Peace are not to grant their Warrants for the Peace, or the like, against any Nobleman: And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm, from the Kings Justices at Westminster, for a Contempt, or in case of Debt, or Trespass, the Officer without any offence of Law, may execute the same, &c.

Distress,

see Process and Replevin.

Drapery.

Cloth, Dyers, Wooll, Logwood.

I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus,* 56.9 may once every year appoint Overseers for the whole year following, of Cloth to be made or sold in any Town, not being Corporate, and may charge them upon their Oaths to see execution of some parts of the Statute, 3 & 4 Ed. 6. 2 P. I. N. 1 Dalt. 42. cap. 14.

* 56.10II. Lamb. 364. If any person, commanded by two Justices of Peace to appear, to be made an Overseer, to see 3 & 4 Ed. 6. 2 §. 12. N. 1. kept, do without reasonable excuse refuse to come, and to take upon him that Office; he is to forfeit for every such refusal, 40. s. and thereof those Ju∣stices are appointed to have the one half.

* 56.11III. Lamb. 461, 462. Inquiry at Sessions on 3 & 4 Ed. 6. 2 §. 1. N. 1. If any Clothier have not set his Seal of Lead unto his Cloth, thereby declaring the just length thereof, to be tryed by the water. (2.) If any person have stretched any Cloth above one yard and a half in length, or one quarter of a yard in bredth, or have put to sale any Cloth, that hath shrunk more in the wetting than is aforesaid, or have stretched any narrow, strait, or Ker∣sey, above one yard in length or a quarter in bredth, or have put any such to sale. (3.) If any Dyer of Woollen Cloth have dyed any Brown, Blews, or Pewbs, Tawnies, or Violets, that were not perfectly boyled, greened, or maddered upon the Woad, and that with good Cork or Orchald suffi∣ciently. (4.) If any have dyed any Wool for Cloth called Russets, Mar∣bles, Grays, Bays, or such like; or Furr Hats or Caps, unless it were per∣fectly woaded, boiled, and maddered, or have died with Brazil, to the in∣tent to make a false colour in any such Cloth or Wooll, or have put any Flox, Calf, Starch, or other deceivable thing upon any Cloth, except cer∣tain Devonshire and Cornwal Straits: Or, (5.) Have occupied any Iron Cards or Picards in Rowing of any woollen Cloth, have sold any Cloth of any less measure than after the true content thereof by the Yard and Inch; or have put to sale in this Realm any Cloth, being pressed, to be occupied in England, Wales, or Ireland. 6. If any Overseers of Cloth, appointed by the Justices of Peace for this year, have refused to be Overseers, or have not within their charge made due search thereof once every Quarter, and if any person have interrupted them to make such search. Dalt. 44, 45. cap. 14.

* 56.12IV. Lamb. 355. Two Justices of Peace dwelling next any City or Town, where any Retailer of woollen Cloth shall present unto them any defective Cloth against 5 & 6 Ed. 6. 6 §. 31. N. 1. (being conferred with 4 & 5 Ph. & Mar. 5 §. 34. N. 1.) shall cause the same to be cut into three equal parts, whereof the one to be to the King, the other to the Prosecutors, and the third to the Justices themselves, Lamb. 364. Crompt. 200. Dalt. 44. cap. 14.

* 56.13V. Lamb. 462, 463. Inquiry in Sessions on 5 & 6 Ed. 6. 6 §. 4. N. & 4 & 5 Ph. & Mar. 5 §. 4. N. 1. If any Kentish Broad Cloth, except course Cloth only, not exceeding 6. li. price, hath been made, that containeth not in length between eight and twenty and thirty Yards being wet, and in bredth seven Quarters within the Lists, and in weight seventy six pounds, being well scowred, thicked, mill'd, and fully dryed; and so changing it after their rates for other Countries, as by these Statutes appeareth.

* 56.14VI. Lamb. 463. For regrating of Woolls by Halifax men, see 2 & 3 Ph▪ & Mar. 13.

* 56.15VII. Lamb. 463. Inquiry, &c. If any person have used, or caused to be used, any racking, beating, or casting of any deceitful Liquor or other mean, with any kind of Linen Cloth, whereby the same became deceitful, or the worse for the good use thereof, 1 Eliz. 13. Dalt. 45. cap. 14.

* 56.16VIII. Lamb. 330. Any two Justices of Peace may dispose of the moneys, rising by the deceitful stretching of the Northern Cloth, &c. 39 Eliz. 20. §. 4. N. 1. Crompt. 97. & 4 Jac. 2.

* 56.17IX. Crompt. 198. Any two Justices of Peace of the County, where any Logwood alias Blockwood shall be found, in whose hands soever it shall be, may openly burn it as forfeited, 23 Eliz. 9. §. 2. N. 1.

* 56.18X. Dalt. 42. cap. 14. Every Justice of Peace may enter in and upon any Houses, Lands, or Grounds, and make search for any Tainters, Wrenches,

or orher Engines whatsoever, whereby any deceit may be used in or about the stretching of any woollen Cloth, and may utterly deface the same Tain∣ters, &c. And for the second offence may sell them away to the best value thereof, 39 Eliz. 20. §. 8. N. 1. & 43 Eliz. 10. §. 9. N. 1.

XI. Dalt 45. cap. 14.* 56.19 Any two or more Justices of the Peace within the County, City, Borough, or Town Corporate, where deceivable Cloth shall be made or suspected to be made, upon complaint or Information of any Overseer, Searcher, or any other, of any such offence; may grant their Warrant to call before them any person or persons, that in their dis∣cretions shall be thought fit to discover any such offence; and may examine upon Oath any such persons, for the Trial and better finding out of the said offence: And if upon such Examination, it shall be found by Testimony of two Witnesses or more, or by the Confession of the Offender, that any such offence hath been committed; the same shall be a sufficient conviction of the offence, and then the said Justices shall or may certifie such offence un∣to the Church-wardens and Overseers for the time being, of the Poor of the Parish, where such deceivable Cloth shall be made, under the Hands and Seals of the said Justices: And upon such Certificate, and a Warrant made by the said Justices to the said Overseers and Churchwardens for the levy∣ing of the forfeiture; the said Overseers and Churchwardens, or any of them, or their or any of their Successors, immediately from and after such Certificate or Warrant delivered to them or any of them, may levy the sum or sums of mony, which by the said Certificate and Warrant shall appear to be forfeited by way of distress and sale of the Offenders Goods, rendring to the Offender the overplus, &c. And in defect of such distress, the said two Justices may commit the Offender to the common Gaol, there to re∣main without Bail until payment shall be made of the sums so forfeited, to the said Overseers and Churchwardens, or some or one of them, 21 Jac. 18. §. 2. N. 1.

XII. Dalt. 45. cap. 14.* 56.20 Any two Justices of the Peace may take order between the Clothier and his Spinsters, Carders, Kembers, Sorters, and Weavers, which shall unjustly or deceitfully convey away, imbezil, sell, or detain any part of the Wooll or Yarn delivered to them, 7 Jac. 7. §. 2. N. 1.

XIII. Lamb. 446.* 56.21 Inquiry in Sessions if any person have bought any Woollen, Yarn, and have not made Cloth thereof, 8 H. 6. 5 §. N. or have bought any Wooll but of the owner of the Sheep and of the Tithe, 14 Rich. 2. 4. §. N.

XIV. Pract. Prec. 91, 92. An Indictment for cozening of Clothiers.* 56.22

London. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. nuper de I. in Com' predict' Mercator Scissor est persona valde mali nominis & famae & conversationis inhonestae, communis deceptor & defrau∣dator subditorum dicti Domini Regis, & quod ipse 30 die Novemb. anno, &c. apud L. viz. in parochia Sancti B. &c. & diversis aliis locis & diebus infra Civitat' predict' tam antea que postea quendam T. R. de Civitate W. Clothier, & multos alios fideles subditos dicti Domini Regis decepit & de∣fraudavit & per fraudem astutiam & deceptionem diversos Pannos Laneos Angl' vocal' Broad-Cloths. Tam de predict' T. R. quam de diversis aliis dicti Domini Regis subditis perquisivit habuit & percepit in depauperationem subditorum dicti Domini Regis & in pessimum & pernitiosissimum exemplum aliorum ligeorum & subditorum dicti Domini Regis in hujusmodi casu delin∣quentium & contra pacem dicti Domini Regis nunc Coronam & dignitatem suas & contra form' Statuti in hujusmodi casu editi & provisi▪

Discretion,

see Justices.

Discontinuance,

see Process.

Disturbers,

see Riot, Force.

Divine Service,

see Religion.

Dogs,

see Cattel.

Doves,

see Fowl.

Draw Latches,

see Coron.

Drovers,

see Cattel.

Drunkenness,

see Ale.

Dures,

see Imprisonment.

Dyers,

see Drapery.

Ecclesiastick Persons.

Person, Incumbent, Church Ordinary.

* 57.1I. LAmb. 4. cap. 4. pag. 405. Article of Charge in Sessions if any have within this half year, by Writing, Printing, Teaching, express Deed, or Act, advisedly, maliciously, and directly affirmed, held in, set forth, or defended the Authority, Preheminence, Power, or Jurisdiction, Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever, here∣tofore claimed, used, or usurped, &c. 1 Eliz. 1. §. N. 5 Eliz. 1. §. 3. N. 1. & 23 Eliz. 1. §. 8. N. 1.

* 57.2II. Lamb. 411. ibid. Inquiry if any person hath of purpose, maliciously, or contemptuously molested, or by any unlawful means misused any Preach∣er lawfully Authorized, in any his open Sermon or Preaching in any Church or other place used, or to be appointed; and who were his Aiders, Procu∣rers or Abettors, 1 Mar. 1. St. 2. cap. 3. §. 3. N. 1. learn if this Statute do stand for this part.

* 57.3III. Lamb. 412. Inquiry if any Parson, Vicar, or Minister, have refused to use the Common Prayer, or to Minister the Sacraments according to the Book of Common Prayer, or wilfully standing in the same, have used any other form in open Prayers, or in administration of the Sacraments, or have spoken any thing in derogation of the said Book, or any part thereof: Or if any have caused or maintained any Parson, Vicar, or Minister, to say a∣ny Common Prayer, or to Minister any Sacrament in any other manner than after the said Book; or have interrupted any Parson, Vicar, or Minister, to say open Prayer, or to administer any Sacrament according to the said Book, 1 Eliz: 2. §. N. & 23 Eliz. 1. §. N.

* 57.4IV. Crompt. 12. a. b. Item, You shall inquire, &c. If such Ecclesiastical Person who should say Common Prayer, and Minister the Sacraments in any Cathedral or Parochial Church, or other place; hath not within this year and day, said and used matters, even to the administration of the Sacra∣ments, and all their Common and open Prayers in such order and form, as is mentioned in the Books of Common Prayer, authorized by Parliament, &c. By the said Statute 23 Eliz. 1. §. 8, 9. Justices of Peace may enquire within the Year and Day, but cannot hear and determine; but the Justices of Oyer and Terminer, or of Assize, may hear and determine; But see if a Justice of Peace cannot award Process upon the Indictment, until he appear and plead to the Indictment: And then for Trial, find the Record in B. R. to the intent it shall be tryed by Nisi Prius; or if he shall send the Indict∣ment in B. R. immediately, without awarding Process; because they have

no authority by the Statute, 23 Eliz. 1. §. 8. but only to enquire.

V. Crompt. 16. b.* 57.5 Charge in Sessions if any hath kept or maintained any Schoolmaster, who doth not resort to the Church, as is mentioned in 23 Eliz. 1. §. N. or who is not allowed by the Ordinary of the same Diocess where such Schoolmaster shall be kept; he shall forfeit 10. li. every month, for keeping such Schoolmaster: And every Schoolmaster presuming to in∣struct Youth, being thereof convict, shall be disabled and shall be impri∣soned for a year without Bail or Mainprize, 1 Jac. 4. §. N.

VI. West. Symb. 2. part 137. b. sect. 239.* 57.6 An Indictment of a Priest for keeping a Concubine, Pract. Prec. 74.

Warwick. ss.

Inquiratur pro Domino Rege si H. R. nuper de K. in Com' W. Clericus primo die Decembr. Anno Regni &c. Vi & Armis Deum per oculis suis non habens: Nec legem Dei & Domini Regis timens & ordinem Sacerdotalem nihil regardans tanquam Ribaldus & Luxuriosus & Riotosè sicut transgressor malefactor, & pacis Domini Regis perturbator irregulariter & extra legis morem & honestam vitae virtuosae & Sacerdotiae dignitatis seipso utens apud K. predict' in com' predict' hospitium illicitum levavit & custodivit & quan∣dam A. B. mulierem defamat' & stuprosam publicè ac notoriè custodivit oc∣cupavit & habuit & ipsam A. B. a predict' primo die Dec. Anno supradict' adtunc & ibidem continuand' & adhuc quotidiae & noctanter manifestè & aperte custodivit occupavit & habet in communi stupro lemocinum in maxi∣mum periculosum exemplum aliorum malefactorum contra pacem dicti Do∣mini Regis &c.

* 58.1VII. Pract. Preced. 77. An Indictment of a sp. Parson for buying and selling, on 21 H. 8. 13. §. 5. N. 1.

Essex. ss.

Juratores pro Domino Rege super Sacramentum suum presentant quod cum in Statuto in Parliamento Domini Henrici nuper Regis Angl' 8.apud Westminster Anno Regni sui 21. Tent' Edit' inter caetera ordinat' sit quod nulla spiritualis persona seu personae secular' vel regular' cujuscunque status seu gradus fuit deinceps per seipsum nec per aliquem alium per se, nec ad ejus usum Barganizaret & Emeret ad vendend' pro lucro seu perficiu in aliqui∣bus mercatis feriis seu aliis locis aliqua catalla grana, seu plumbum pisces sanam Boscum &c. seu aliquos victus, seu merchandizas cujuslibet generis fuit subpoena furisfact' triplum valorem cujuslibet rei per eas seu eorum ali∣quem ad eorum usum Barganizat' & Emp' ad revendend' in contrarium illius presentis actus & quod quilibet hujusmodi Barganizatio seu contractus im∣posterum per eas fiendum seu per aliquam alium ad eorum usum in contrari∣um ejusdem actus penitus forent vacuae & nullius effectus & quod una medi∣etas cujuslibet talis foris facturae esset Domino Regi & altera medietas inde illi qui voluit persequi pro eadem per breve Original' debit: Billam seu in∣format' in aliquibus curiis Domini Regis in qua actione seu secta nulla vadi∣at' legis per defend' admittetur nec aliquod essom' nec protectio allocetur prout in Statut' predict' plenius continetur.

Quidam tamen A. N. &c. de com' predict' Clericus Statut' predict' mini∣mè ponderans 8. die Maii, Anno Regni &c. Emit' 10. boniculos Angl' Steers pretii eorum cujuslibet 30. s. & illos cuidam ignot' postea pro lucro & pro∣ficiuo suo revendidit contra form' Statut' predict' ac contra pacem dicti Do∣mini Regis nunc Coron' & dignitat' suas.

VIII. Pract. Preced. 173. An Indictment for not wearing the Surplice.* 59.1

Essex. ss.

Juratores pro Domino Rege super Sacramentum suum presentant quod A. B. nuper de C. in com' predict' Clericus die dominica viz. 1. die Sept. Anno Regni &c. apud C. predict' in com' predict' viz. in Ecclesia Parochiali ibi∣dem palam & publicè dicebat & usus fuit preces matutinas & vespertinas An∣glicè

vocat' Morning and Evening Prayers, diversis Parochianis & Inhabi∣tantibus ejusdem parochiae in Ecclesia predict'. Ad tunc & ibidem presenti∣bus & existentibus non Judens vel utens tempore dictionis precationum predictorum aliquo super pellico vocat a Surplice, aut aliquo alio ornamento Ecclesiae assignat' Clericis & Ministris utendum infra hoc Regnum Angliae tempore dictionis precationum predict' & quod predictus A. B. predicto die Sept. Anno supradict, viz. tempore dictionis precationum predict' apud C. predict' in Ecclesia Parochiali predict' in com' predict' omnino recusavit Induere sive uti aliquo super pellico contra form' Statut' in hujusmodi casu editi & provisi & contra pacem dicti Domini Regis Coronam & Dignitatem suas.

Eggs,

see Fowl.

Aegyptians,

see Poor.

Embracery,

see Maintenance, Enquest.

Embezelling,

see Collusion, War.

Encumbent,

see Ecclesiastick Persons.

Endictment

see Indictment.

Enfant,

see Infant.

Enquest.

Jurors, Charge, Challenge.

* 60.1I. 9 H. 3. 26. Magna Charta, Nothing shall be taken for Enquest of Life or Member.

* 60.2II. 52 H. 3. 24. Justices in Eyr shall not amerce Townships, because all above 12 do not appear, so there be a full Enquest, except on Death of a man.

* 60.3III. 3 Ed. 1. W. 1. cap. 11. Favourable Enquests shall not be taken by Sheriffs, by the Writ de odio & alia, but by lawful men chosen by Oath, whereof two at least shall be Knights.

* 60.4IV. 4 Ed. 1. pag. 28. St. 2. cap. 1. §. 1. N. 2. de Officio Coronatores. Upon the Oath of four, five or six of the next Towns, he shall enquire on the body of parties slain, the manner, &c.

* 60.5V. 6 Ed. 1. cap. 9. §. 1. N. 1. Glocester No Writ shall be granted out of the Chancery for the death of a man, to enquire whether a man did kill ano∣ther by misfortune, or in his own defence, or in other manner, with∣out Felony.

* 60.6VI. 33 Ed. 1. Ordinance for Enquests, pag. 69. §. 1. N. 1. Of Enquests to be taken before any of the Justices, notwithstanding it be alledged by them that sue for the King, that the Jurors of those Enquests, or some of them be not indifferent for the King; yet such Inquests shall not remain un∣taken for that cause.

* 60.7VII. The 33 Articles of Charge in view of Frank-pledge, 18 Ed. 2. pag. 84.

* 60.8VIII. 14 Ed. 3, 4. §. 1. N. 2. Englishire shall not be given in charge, &c.

* 60.9IX. 25 Ed. 3. Stat. 5. cap. 3. No Indicter shall be put in Enquests upon the deliverance of Indicters of Felonies or Trespass, if he be challenged for the cause, &c.

* 60.10X. 25 Ed. 3. Stat. 5. cap. 4. None shall be taken by Petition or Sugge∣stion, made to the King or Council, unless it be by Indictment or Present∣ment, &c.

XI. 42 Ed. 3, 4. §. 1. N. 2.* 60.11 Commissions of Enquiry shall be made to some Justices, &c. Poult. de Pace 169 b. §. 1.

XII. 11 H. 4. 9. §. 1. N. 3.* 60.12 No Indictment to be made but by Enquests Returned by Sheriffs without any denomination of parties, &c. Lambert 391. Dalt. Sheriff. 119. b.

XIII. 8 H. 6. 9. §. 4. N. 1. Shall have Forty Shillings per Ann.* 60.13 that En∣quire of forcible Entry.

XIV. 3 H. 7. 1. §. 1. N. 4.* 60.14 The Justices of Peace of every Shire may take by their discretion an Inquest thereof, each to have xl. s. &c. per Ann. to en∣quire of the Concealments of other Enquests taken before them, and afore others, of such matters and offences as are to be Inquired and Presented before Justices of the Peace, whereof complaint shall be made by Bill. &c. as well within Franchise as without 33 H. 8. 6. §. 20. N. 1. Lamb. 396.

XV. 3 H. 7. 1. §. 1. N. 5.* 60.15 And if any such Concealment be found of any Enquest, &c. had or made within the year after the same Concealment, every person of the same Enquest to be Amerced, &c. by the discretion of the same Justices of Peace, the said Amerciaments to be sessed in plain Sessions.

3 H. 8. 12. §. 1. N. 4.* 60.16 All Pannels to be Returned which be not at the suit of any party that shall be made and put in by every Sheriff and their Mini∣sters before any Justice of Goal Delivery or Justice of Peace, whereof one to be of the Quorum, in their open Sessions to Enquire for the King, shall be reformed by putting in and taking out of the Names of the persons which are to be Impannelled by every Sheriff and their Ministers, by dis∣cretion of the same Justice, before whom such Pannels shall be Retorned, Lamb. 395. Dalt. Sheriff. 120. Poult. de Pac. 173. §. 8.

XVII. Articles of charge in the Sessions in Lambert 4. cap. 4. pag. 399.* 60.17 in Crompt. 11. b 12. a Boult. 2. pag. 83.

XVIII. Lambert 396. And because the Jurors of those dayes (viz 3 H. 7.* 60.18 1. §. 1. N. 4.) were yet wilfull in their Concealments, it was provided within Eight years after (viz. 11 H. 7. 3. §. 1. N. 3.) that the Justices of Peace should determine Causes upon Information, without any such Pre∣sentment, but many times in vitium ducit culpae fuga, and therefore that Or∣dinance endured not long, &c. (1 H. 8. 6. §. 2. N. 3.)

XIX. Lambert 525.* 60.19 So that now again the Tryal of offences ought for the most part to proceed either after the general order of the Common Law, 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.

XX. Lambert 4. cap. 3. pag. 393.* 60.20 Our Common manner in Kent (agree∣ing with the form of the Precept) is to return particular Juries for the Hundreds, and one general Jury for the body of the Shire; this last is made up with us for the most part of the Constables only, and those others if they be not filled at the first, are wont to remain, and to be renewed with the Rules from Sessions to Sessions: but that usage is no small hinder∣ance to the service as many do think, by reason that those particular Juries being seldom served with full appearance, the whole Enquiry standeth only upon their labor that are Impannelled for the body of the Shire, that is to say upon one man of each Hundred, or two at most, who cannot be thought to see so much as a whole Jury of Eyes both do and may see, and therefore they think that it were good to make up some of the particular Juries also when they be not full de Circumstantibus of other Hundreds, by which means, either the whole Shire, or at the least a great many parts thereof might perused and serve; and to this Opinion Mr. Marrow seemeth to encline, saying, That in default of those which are Returned, the Ju∣stices may take a Jury de Circumstantibus, and hereunto also 3 H. 8. 12. §. 1. N. 5. sheweth good Consent.

* 60.21XXI. Lambert 394. Neither is it to be objected that men being all of one Shire, may not take knowledge of things done in divers Hundreds, seeing they have divers occasions of meeting together, as at the County Court, the Sheriffs turns, the Assises, and General Quarter Sessions; and if a Jury of one Hundred would make Presentment of an offence done within any part of the Shire (out of their own Hundred) this were good in Law.

* 60.22XXII. Lambert 395. And the Justices may upon cause remove a Juror after he is Sworn, 20 H. 6. 5. Again, if after the Swearing of the Jury, their service be put off till the next day upon any urgent occasion, then may they be Sworn of new, as if they had not before appeared, 7 H. 4. 38.

* 60.23XXII. Lambert 395. Each Jury of Enquiry ought to contain XII. in number at the least, and if there be XVIII. or more it shall not be amiss: Yea it is a common order with us to have them of an odd number, as XIX or XXI. to the end as it seemeth, that if they should dissent in opinion somewhat equally; yet there should be always one to weigh down the side, and cast the Ballance: but if XII of them do agree, the gainsaying of the residue cannot hinder the Presentment: yea the Law was in the time of King Etheldred, that in a Jury of XII. the agreement of VIII. should prevail and make a good Verdit; although for a long time toge∣ther it hath been, and is yet otherwise used.

* 60.24XXIV. Lambert 395. 396. The Justices ought not to Commit these Ju∣rors of Enquiry to any keeper, nor to keep them without meat or drink, nor to carry them out of the Town, and yet they may adjourn them to an∣other place to give their Verdit.

* 60.25XXV. Lambert 396, 397. Nevertheless it is to be wished that these and such other Enquirors would more carefully imploy themselves in that ser∣vice, which is the chief and almost the only ground whereupon the Ju∣stices are to work, &c. and this shall they the better do if they will be di∣rected by these few Counsels. 1. That they come prepared to further the Good of their Country, and not to save their Issues, or to serve for fa∣shion sake. 2. That they give Credit to Credible persons sworn to In∣form them. 3. That they measure their doings by the right line of Law, and not by the crooked cord of pretended Equity and counterfeit con∣science. 4. That they hold not a Court of Common Plea by admitting proof of Witnesses against the King, as knowing that they are not to try an Issue, but to offer an Information, the truth or falshood whereof shall be tryed by another Jury. 5. That they discover not their own do∣ings, &c.

* 60.26XXVI. West. Symb. 2. part 112 §. 130. An Indictment of Embracery and taking money, &c. contra to 38 Ed. 3. 12. Lamb. Precedents 14. b. 15. Pl. 39.

Essex. ss.

* 61.1Juratores pro Domino Rege super sacramentum suum presentant quod A.B.C.D. &c. (naming all the Jurors, &c.) Jurat' in quadam Assiza Novae dis∣seisinae quae nupersummonita fuit Coram dilectis & fidelibus dicti Domini Re∣gis, &c. L. M. N. O. &c. nuper Justiciariis dicti Domini Regis nunc ad Assizam illam capiend' per breve ipsius Domini Regis inter W. S. & J. H. de tenement' in N. in Com' E. predict' & postmodum (viz. die Lunae &c. An∣no &c. Coram prefat' L. M. N. O. &c. apud M. in Com' E. predict' per breve ipsius Domini Regis si non omnes capt' posit') pro veredicto suo in hac parte dicenddo de prefat' J. H. diversas pecuniarum summas viz. A. B. de predict' J. H. XL. s. & alia dona scil' panem, serevicium & vinum ad va∣lenc' 20 s. illigitime ceperunt &c. & predict' J. K. (Imbraciator ejusdem Assizae ad eandemducend' & procuran'd) de prenominato W.S. summam de∣cem

marcarum 20 die Aug. An. Regni, &c. apud M. predict' in Com' E. illigitime ceperunt in dicti Domini Regis nunc contempt' & contra formam Cujusmodi Statut' in Parliamt' Domini Ed. olim Regis Angliae tertii Anno Regni sui 38. tento in hujusmodi Casu provisi ac Editi.

XXVII. West. Symb. 2. part 112. §. 131.* 61.2 Another Indictment reciting 38 Ed. 3. 12. & 34 Ed. 3. 8. Crompt. 261. pl. 95.

Essex ss.

Juratores pro Domino Rege super sacrament' suum dicunt quod ubi in parliamnt' Domini Ed. nuper Regis Ang. tertio progenitoris Domini Regis nunc Ann Regni sui 38. tent' inter caetera concordat' existit quod si aliqui Jurat' in Assiza Jurat' seu aliquibus inquisitionibus capiend' inter Domin' Regem & partem vel inter partem & partem quicquid capiant per ipsos vel per alios de parte conquerent' vel defendent' pro veredict' suo dicend' & super hoc per processum in quodam Articulo de Jurat' Anno Regni ejus∣dem Domini Regis 34. factum convincantur sive sit ad sectam partis aut alte∣rius cujuscunque personae qui pro Domino Rege aut pro seipso prosequi voluerit solvat quilibet dictor' Jurat' decies tantum quantum ipse recepit & habeat ille qui sectam produxit unam medietatem & Dominus Rex alte∣ram meditatem & quod omncs Imbraciatores ducent' & procurant' ta∣les inquisitiones in patria pro lucro vel proficuo puniantur eisdem modo & forma sicut Jurat' & si Jurat' vel Imbraciat' Ita convictus non habeat unde in forma predict' satisfacere possit habeat Imprisonament' unius Anni prout in ordinatione & concordia predict' continetur.

Quidam tamen J.H. J.B. & J.C. Jurat' &c. in quadam Assiza Novae dissesinae qui nuper summonit' fuit Coram dilectis & fidelibus Domini Regis A. B. C. D. E. F. &c. nuper Justiciariis Domini Regis nunc ad assizam illam ca∣piend' assignati per breve ipsius Domini Regis nunc inter W. S. de L. & M. de tenement' in R. & S. in Com' E predict' & postmodum (viz. decimo die &c. Anno &c. Coram prefat' A. B. C. D. E. F. &c. apud W. in Com' predict' per breve Domini Regis nunc si non omnes capt' posit' pro veredicto suo in has parte dicendo de prefat' J. H. diversas pecuniarium summas viz. predict' J. H. xl d. predict' J. B. xl s. & predict' J. C. V. marcas 20. die Octob. Anno &c. apud &c. ceperunt in dicti Domini Regis contempt' & contra form' ordinationis & concordiae predict' &c.

XXVIII. Nota 38 Ed. 3. 12. §. 1. N. 5.* 62.1 No Justice nor other Minister shall enquire of office upon any of the points of this Article, but only at the suit of the party or of other, &c.

Enterludes

see Games.

Entry

see Force.

Escape.

Fresh Suit, Imprisonment, Bayl.

I. 18 Ed. 2. pag. 84. §. 32. the view of Fr. Pledge to enquire of persons Imprisoned, and let go without Bayl.* 62.2

II. Lambert 134, 135. If the Constables do arrest one that hath hurt an∣other,* 62.3 and do voluntarily suffer him to escape, and then he that was hurt dyeth thereof within the year and day, the Constable shall make a great Fine, and that to the value of his Goods in the opinion of some 11 H. 4. 2. Lambert 228. and Stamf. 35. but yet the offence shall not have such rela∣tion to the time of the stroke, as to make the escape to become felony thereby, Com. 263. Crompt. 39. §. 5. Poult. de pace 148. §. 3. Dalt. 274. c. 106

* 62.4III. 1 Rich. 3 Cap. 3. §. 1. N. 3. That Justices of Peace have Authority to Enquire in their Sessions of all manner of Escapes of every person Ar∣rested and Imprisoned for felony, Lambert 4. cap. 4. pag. 434. Crompton 40. §. 13.

* 62.5IV. Crompt. 39. §. 7. A Justice of Peace sends for a Felon who is in the Goal, and delivers him without Bond for his appearance, and after∣wards he is Indicted, it seemeth this is a voluntary Escape, for he is the cause that he cometh not to his Tryal; and so where a man confesseth a fe∣lony before a Justice of Peace, and he lets him go without Bail, but a thing that is done pro defectu scientiae is not Felony 2 R. 3. 10. Poult. de Pace 149. b. §. 9. Boult. 97. Cap. 22.

* 62.6V. Crompt. 40. §. 10. If a man be arrested for suspicion of Felony, and delivered to a servant to carry him to the Goal, and he suffers him volun∣tarily to Escape, the Master shall not be Impeacht for this, but he that suf∣fered the Escape, per Curiam 10 Ed. 4. 17. Poult. de Pace 150. b. §. 19. Coron. 328. 337.

* 62.7VI. Crompt. 40. §. 15. A man stole certain sheep and sold them, and another took him for suspicion, and delivered him to the Bailif and 4 others to keep, who let him go because they had no Indictment, nor other thing against him, and afterwards the Theif was Indicted, and thereupon the Constable and the 4. were charged with the Escape, because he was arrested for suspicion of the Felony, 43 Ed. §. 3. 36. & N. Ass. 12. Boult. 96. Stamf: 35. b.

* 62.8VI. 3 H. 7. 1. §. 1. N. 6. The Law of the Land is, that if any man be slain in the day, and the felon not taken, the Township where the Death or Murder is done shall be Amerced, Dalt. 291. Crompt. 40, b. 41. a. Poult. de Pace 150. a. b. §. 14. 22.

* 62.9VIII. Dalt. 272. cap. 106. If a Goaler, a Constable, or any other which hath a Prisoner under Arrest for Felony or suspicion thereof, voluntarily letteth or suffereth him to go at liberty; tho this be no breaking of Pri∣son, yet this is Felony in the Goaler, Constable, or him that letteth such Prisoner escape, but it is no Felony in the Prisoner, but if such a Prisoner shall escape by the negligence of his Keeper, then the Felony resteth in the Prisoner only, and not in the Goaler, &c. Escape Br. 32. Stanf. 31.

* 62.10IX. Poult. de Pace 151. §. 28. And touching those which be Prisoners of Record, the Keeper of the Prison cannot traverse the Escape, but con∣fess and avoid it, as in alledging that the Prison was Burnt or Broken by the Kings Enemies, or by saying that he which is supposed to be escaped is not the same Prisoner which was Committed to him.

* 62.11X. Poult. de Pace 151. §. 29. A Prisoner by matter in fact is, where one is Prisoner by Arrest only, whether it be by the Sheriff, the Constable, or any other, and he doth escape, there the Escape shall be presented before he answer unto it, and this Presentment ought to be before the Justices, &c. that they have Authority to enquire thereof, as appeareth 3 Ed. 1. W. 1. cap. 3. Dalt. 275. cap. 106. Stanf. 35. 11. Co. 64, 65.

* 62.12XI. Lambert 2. cap. 7. pag. 227. Now as to this purpose it is called a breach of Prison, whether it be out of the Goal, Stocks, or Possession of any that hath the keeping of the party arrested for Felony, tho he be not Indicted thereof before, Coron. 158. Dyer 99. a. pl. & 312. pl. Stanf. 35. Boult. 93, cap. 22.

* 62.13XII. Dalt. 272. cap. 106. If the Goaler or Keeper shall Marry a Felon which is in his Goal, this is an Escape, but Quaere if it be Felony in the Goaler or no.

* 62.14XIII. Dalt. 273. cap. 106. But in these Cases (viz. on 14 Ed. 3 c. 10. §. 1. N. 3.) I have observed the favourable exposition and dealing of the lear∣ned and Reverend Judges. I. In 9. Co. 98. that the Goalers who have the actual possession, shall be answerable for Escapes, if they have wherewith.

Also II. Popham Cheif Justice did cause one Stoner a Goaler at Cambridge, to be Indicted, Arraigned, and Hanged for the Escape of a Felon suffered by him.

XIV. Dalt. 273. cap. 106. in Dr. & St. 135, 137. cap. 42.* 62.15 This differ∣ence is taken, that if the Escape were by default (scil. a negligent Escape) of the Goaler, that the King may charge the Goaler if he will, or the She∣riff may be charged by reason of the Statute 14 Ed. 3. 10. §. 1. N. 3. But if it be a wilfull Escape in the Goaler, which is Felony in him, the Sheriff shall not be found to answer to the Felony, but there the Sheriff may be fined to the value of his Goods.

XV. Dalt, 275. cap. 106.* 62.16 If a Watchman shall take any man for suspicion of Felony, he may Inquire of his Good Name and Fame, and if he finds him to be of Good Name and Fame, he may let him go. See the Old Justice of Peace, Imprinted Anno 1559. fol. 13. But it were more safe for the Watchman to deliver such suspected person to the Constable, or to the Sheriff, according to the Statute of Winchester 13 Ed. 1. & 2. cap. 4. §. 1. N. 6.

XVI. West. Presidents. 2. part 104. tit. Offences §. 105.* 62.17 An Indictment against a Goaler, for suffering of one Committed to him upon suspition of Felony for stealing of an Horse to Escape.

Kanc ss.

Juratores pro Domino Rege (super sacramentum suum) presentant qd' ubi quidam A. R. nuper de C. in dicto Com' Kant. Shoomaker sexto di Maii Anno Regni &c. apud C. predict' in Commitatu K. predict' pro suspicione cujusdam feloniae (viz. unius Equi Coloris Albi pretii x l. solid' felonice per eundem A. B. ut dicebatur capti & abducti Arrestatus est & Captus & Coram T. F. uno Justiciar' dicti Domini Regis ad Pacem in dicto Comi∣tatu conservand' assignat' ductus & superinde postea viz. dictis die Anno & loco cuidam B. D. in Comitatu K. predct' Yeoman custodi Goalae dicti Domini Regis apud M. in dicto Comitatu K. existent' (sub custodia I. F. Armigeri adtunc Vicecomes Comitatus K. predict' & Custodis Goale pre∣dict') per quoddam preceptum de Mittimus dicti T. F. Justiciarii Idem A. B. traditus est & Commissus ad salvo & secure Custodiendum in Goala predicta Donecidem A. B. inde foret legitimo modo deliberatus praefatus tamen I.F. nunc Vicecomes postea, viz. 7 die dicti mensis Maii Anno supra∣dict' apud M. predict' in Com' K. predict' prefatum A. B. (ad tunc & ibi∣dem in dictis Goala & Custodia existent') a predict' Custodia & Goala adtunc & ibidem evadere & ad largum ire voluntar' & felonice permisit contra pacem dicti Domini Regis Coronam & dignitatem suam, &c.

Lamb. Precedents 12. b. §. 33. Boult. 3. cap. pag. 55. §. 52.

West. Precedents 2. part 135. §. 106. Another Indictment against a Goaler for suffering of a Woman Committed to him upon suspition of Fe∣lony and Murder to Escape.

Essex ss.

Inquiratur pro Domina Regina quod cum quidam M. N. nuper de B. in predict' Comitatu E. Spinster 10 die April. Anno &c. pro suspitione feloniae & murdri per ipsam M. apud B. predict' in Com' E. predict' super quendam W. L. fieri & perpetrari suppositi capt' & arrestat fuit' apud B. predict' in Com' E. predict' & eisdem die & Anno predict' M. cuidam Richardo B. de N. in Com' E. predict' Yeoman Custodi Goalae dictae Dominae Reginae Com' predict' sub Georgio P. Armigero ad tunc Vicecom' Comitat' predict' & Custod' Goalae predict' per quoddam breve de Mittimus W.M. Militis & J.M. Armig' duo Justic' dictae Dominae Reginae ad pacem in eodem Comitatu con∣servand' assignat' salvo & secure Custodiend' tradita fuit Quors{que} eadem M. a Custodia illa secend' legem & consuetudinem Regni Angl' pro suspi∣tione

murdri predict' acquietat' sive deliberat' foret si predict' R. B. de N. predict' in predict Comitatu E. Yeoman postea scil. 26 de Novemb. Anno supradict' Apud M. predict' in Com' E. predict' Predict' M. adtunc & ibidem in Custodia ipsius R. in Goala dictae Dominae Reginae existent' a Go∣ala predicta adtunc & ibidem voluntarie & felonice evadere & ad lar∣gum Ire permisit contra pacem dictae Dominae Reginaenunc &c.

Crompt. 252. §. 65. Boult. 3. pag. 56. §. 53.

XVIII. West. Presidents 2. part 105. §. 107. An Indictment against di∣vers, for suffering one which had confessed a Felony before a Justice of Peace, and delivered to them by the same Justice of Peace, to be by them conveyed to the Goal, negligently to Escape.

Essex ss.

Juratores pro Domina Regina (super sacramentum suum) praesentant qd' cum J. B. nuper de C. in predict' Com' E. Miller 8. die Decemb. Anno &c. clausum cujusdam J. G. apud C. predict' in Com' E. predict' fregit & intra∣vit ac unam Juvencam Coloris Brown pretii 20 s. de bonis & Catallis pre∣dicti J. G. adtunc & ibidem Invent' felonice cepit & effugavit contra pa∣cem dictae Dominae Reginae & pro felonia predict' per prefat' J. B. sic fact' & perpetrat' Arrestat' fuit & Coram G. R. Arm' uno Justiciar' dictae Do∣minae Reginae ad pacem in Com' E. predict' conservand' Assignat' necnon & per predict' J. G. ductus fuit & Coram dicto G. R. dictus J. B. feloniam predict' confessus fuit & adtunc & ibidem G.R. predict per breve de mitti∣mus prefatum J. B. pro felonia predict' ad Goalam dictae Dominae Reginae de J. in Comitatu predict' quibusdam J. C. de C. predict' Yeoman R. B. de eadem Clothyer & R. M. de eadem Weaver deliberavit salvo & secure du∣cend' ad & us{que} Goalam predict' de J. predict' Ibidem moratur' quous{que} idem I.B. abinde secundum legcm & consuetudinem Regni Angliae deliberatus fo∣ret ipsi predict' I. C. R. B. & R. in dicto 8. die Decemb. Anno predict' pre∣fat' I. B. apud C. predict' in Com' E. predict' in eorum custodiam virtute de∣liberationis predict' sic existent' adtunc & ibidem negligenter a custodia sua ad largum Ire & evadere permiserunt contra pacem dictae Dominae Re∣ginae Coronam & Dignitatem suas.

Crompt. 225. §. 74.

XIX. Crompt. 252. §. 64. For a voluntary Escape.

Staff. ss.

Inquiratur pro Domino Rege quod cum quidam R. R. nuper de P. in Com' predict' Husbandman & I. K, nuper de P. predict' in Com' predict' Sadler 20 April. Anno Regni Jac. &c. 2. Commissifuerunt per E. T. Armig' unum Justiciar' dicti Domini Regis ad pacem in Com' predict' conservand' Assignat' apud H. in Com' predict' cuidam A. P. de P. predict' in Com' pre∣dict' Husbandman tunc deliber' de P. predict' ut per eundem A. adtunc us∣que ad Goalam dicti Domini Regis de I. in Com' predict' duceretur pro suspitione cujusdam feloniae per predict' R. R. & I. R. perpetrat' in Goala predicta salvo & secure custodiend' donec ab inde secundus leges hujus Regni Angliae deliberat' ipse predict' A. P. minime curans nec estimans custodiam predict' R. R. & I. R. postea scil. eodem 20. April. Anno supra∣dict' eosdem R. R. & I. R. apud H. predict' in Com' predi&' ad largum ire & evadere voluntarie & felonice permisit contra pacem dicti Domini Regis &c.

XX. Crompt. 252. b. §. 66. Alio modo.

Staff. ss.

Inquiratur pro Domino Rege quod cum T.W. nuper de C. in Com' predict' Yeoman decimo die Octob. Anno &c. apud C. predict' in Com' predict' pro suspitione feloniae Captus & eisdem die & Anno predict' cuidam R. G. in Com' predict' Yeoman Custodi Goalae dicti Domini Regis Comitat' pre∣dict' sub custodia Johannis F. Armig' adtunc Vicecomes Comitat' predict' & Custodi Goalae predict' per quoddam breve de mittimus G. T. Militi unius Justiciar' dicti Domini Regis ad pacem in eodem Comitat' conser∣vand'

assignat' salvo & secure custodiend' tradit' fuit quous{que} idem T. W. a custodia illa secundum legem & consuetudinem regni Angl. pro suspitione feloniae predict' acquietat' sive deliberat' foret ipse predict' I. F. tunc vice∣comes Comitat' predict' postea scilicet 13 die Octob. Anno supradict' apud L. predict' in Com. predict' predictum T. W. adtunc & ibidem in custodia ipsius vicecom. in Goala dicti Domini Regis existent' ex Goala predicta ad∣tunc & ibidem voluntarie evadere & ad largum ire permisit contra pacem dicti Domini Regis Coronam & dignitatem suas, &c.

XXI. Crompt. 253. §. 67. alio modo.

Staff. ss.

Juratores pro Domino Rege (super sacramentum suum) presentant quod cum R. S. nuper de M. in Com. predict' Husbandman Xiij die Maii Anno Regni &c. capt' & arrestat' fuit apud M. predict' in Com. predict' per R. C. pro suspicione feloniae per ipsum R. S. fact' & perpetrat' & adtunc & ibidem per eundem R. C. deliberat' fuit T. W. Ballivo Hundredi de M. predict' sal∣vo & secure Custodiend' & ad ducend' eundem R. S. Coram uno Justiciar' dicti Domini Regis ad pacem in Com' predict' conservand' necnon ad diversa felonias & transgr' & alia malefacta in eodem Comitat' perpetrat. audiend' & terminand' assignat' predictus tamen T. W. Custodiam predicti R. S. mi∣nime curans nec estimans apud M. predict' in Com' predict' die & Anno su∣pradict' eundem R. S. ad largum ire & voluntarie evadere felonice permi∣sit contra pacem dicti Domini Regis &c.

XXII. Bolt. 3. pag. 56. §. 54. An Indictment where a Felon suspected for stealing two Oxen, is Committed by a Justice of Peace unto the Goal, and is delivered to two, to be conveyed to the Goal, which suffer the Felon wilfully to escape away, West. Symb. 2. part 139. §. 248.

Midd. ss.

Juratores pro Domino Reg' (super sacramentum suum) presentant &c. quod cum quidam W. H. Armiger' unus Justiciar' pacis dicti Domini Regis in Com' predict' 20. die &c. Anno &c. Apud S. in Com. predict' quendam I. nuper de &c. adtunc & ibidem Arrestavit & Attachiavit pro suspitione fe∣loniae per ipsum I. antea fact' & perpet' viz. pro duobus bobus coloris &c. pretii &c. de bonis & Catallis cujusdam R. I. per predict' I. felonice capt' & abduct' & postea eundem I. die Anno & loco supradict' ut predict' cum arrestat predict' W. H. adtunc & ibidem commisit & liberavit salvo custo∣diend' quibusdam I. B. & R. D. nuper de &c. in Com' &c. Qui quidem I. B. et R. D. specialiter requisiti fuerunt ex partedicti Domini Regis per prefat' W.H. ad salvo et secure custodiend' & conducend' ipsum R.B. usque Goalam ipsius Domini Regis Comitat' predict' ibidem moratur' quousque per debi∣tam legis forman exoneret' & deliberet' predict' tamen I. & R. ipsum I. a custodia sua adtunc & ibidem felonice & voluntarie ad largum quo voluit abire & evadere permiserunt contra pacem &c.

XXIII. Bolt. 3. pag. 57. §. 55. An Indictment of a Keeper of a Goal, for letting one committed to him upon suspition of Felony Escape out of Prison.

Midd. ss.

Juratores pro Domino Rege &c. presentant quod cum quidam I. B. de &c. die &c. Anno &c. pro suspitione cujusdam feloniae per ipsum infra villam predict' antetunc fieri & perpetrari supositi Capt' & Arrestat' fuit apud villam predict' & eisdem die & Anno predict' I. B. cuidam T. R. de villa & Com' predict' Yeoman custod' Goali dicti Domini Regis in dicta villa de L. predict' pro suspitione feloniae predict' salvo & securecustodiend' tradit' fuit quousque idem I. B. a custodia illa secund' legem & consuetu∣dinem Regni &c. deliberat' foret idem tamen T. R. die &c. Anno supradict'

apud Villam predict' in Com' predict' eundem I.B. ad largum & extra Goa∣lam predict' voluntarie & felonice exire & evadere permisit contra pacem dicti Domini Regis, &c.

XXIV. Cromp. 254. §. 73. Against those that negligently permitted a Felon to Escape.

Staff. ss.

Inquiratur pro Domino Rege quod cum I. T. nuper de C. in Com' pre∣dict' Yeoman & T. F. nuper de L. in Civitat' predict' Yeoman decimo die Decemb. Ann. &c. pro suspitione feloniae per ipsos J. T. & T. F. preantea fieri & perpetrari suppositi apud Civit' Lond' capt' & arrestat' fuissent Ii∣dem{que} J. T. & T. F. eisdem die & Anno ad Civitat' predict' quibusdam R. F. & J. S. Vicecom' Comitat' predict' ac custodibus Prisonae dicti Do∣mini Regis infra Civitat' predict' ob causam predict' tradit' fuerunt salvo & secure custodiend' Quousque Iidem J. T. & T. F. a custodia illa secun∣dum legem & consuetudinem Regni dicti Domini Regis Angliae a prisona illa deliberat' forent, ipsi iidem R. F. & J. S. die & Anno supradict' apud Comitat' predict' predictos J. T. & T. F. ad largum & extra Goalam & custodiam predict' exire & evadere in defectu bonae Custodiae negligenter permisserunt contra pacem &c.

XXV. Crompt. 255. §. 75. Alio modo.

Staff. ss.

Inquiratur pro Domino Rege quod cum J. B. nuper de K. in Com' pre∣dict' Laborer 6 die Decemb. Anno &c. apud K. predict' in Com' predict' per J. M. Armig' unum Justiciar' dicti Domini Regis ad Pacem in Com' predict' conservand' necnon ad diversas felonias transgr' & alia malefact' in eodem Comitat' perpetrat' audiend' & terminand' assignat' pro suspiti∣one feloniae capt' & per ipsum J.M. apud K. predict' in Com' predict' pro sus∣pitione ejusdem feloniae Imprisonat' fuisset & in cappis per ipsum J.M. ad hunc & ibidem posit' salvo custodiend' quousque secundum legem & consuetudi∣nem Regni &c. inde debito modo acquietat' & deliberat' foret ipse J. L. de F. in Com. predict' Yeoman Constabular' de K. predict' die Anno & loco supradictis predict' J. B. apue K. predict' adtunc & ibidem in custodia ip∣sius J. L. existent' tam negligenter custodivit quod pro defectu bonae & sufficientis custodiae idem J. B. a Prisona predict' evasit & ad largum ubi∣cunque voluit ibat contra pacem &c.

XXVI. Crompt. 255. b. §. 76. Alio modo.

Staff. ss.

Juratores pro Domino Rege (super sacramentum suum) presentant quod cum A.W. nuper de T. in Com. predict' Spinster 11 die &c. Anno &c. per W. H. de eisdem villa & Com. Husbandman fuit Arrestat' & capt' apud B. in Com. predict' pro quadam felonia per ipsam facta & perpetrata & ad∣tunc & ibidem per eundem W. duc' coram J. H. Armig' uno Justiciar' dicti Domini Regis ad pacem in Com. predict' conservand' necnon ad diversas felonias transgr. & alia malefact' in eodem Com. perpetrat' audiend & ter∣minand' Assignat' & quod eadem Agneta adtunc & ibidem per praefat' J.H. Commissa fuit cuidam H. W. de B. predict' in Com' predict' Yeoman tunc decenar' de B. predict' salvo & secure Goalae dicti Domini Regis de Ilchester in Com' predict' ducend' & quod predict' H. minime curans & parvi pen∣dens custodiam dictae Agn. eandem Agn. tam negligenter custodivit quod eadem A. a custodia dicti H. apud B. predict' ad largum quo voluit recessit & escapavit contra pacem &c.

XXVII. West. Symb. 2. part 140. § 249. An Indictment of Escape or Com∣mitment for contempt &c.

Essex ss.

Inquiratur pro Domino Rege quod cum quidem D. E. de &c. 3. die Martii Anno &c. apud T. in Com. predict' Commissus fuit per R. J. Gen' un∣um Ballivor' de P. predict' & H. L. Gen' deputat' J. B. Gen. alium Balli∣vorum ejusdem villae in Goala sive prisona villae predict' pro quibusdam re∣sistenc' dissobedient' & malefact' per ipsum D. E. versus ipsum R. Ballivum in executione officii sui virtute literarum Domini Regis eidem R. direct' ibi∣dem moratur' sub salva custodia M. unius servientium ad Clavem ad Villam predict' quous{que} predict' D. inde deliberetur & dimissus esset per debitam legis formam prefat' O. circa horam xij in nocte ejusdem diei Anno supra∣dict' Regni Regis predict' Prison' in qua detentus fuit ut predict' est adtunc & ibidem malitiose & minus juste fregit & ab hujusmodi Prisona sine ali∣qua licentia evasit & escapuit contra form' Statut' &c. edit' & provis' & con∣tra pacem dicti Domini Regis.

XXVIII. West. Symb. 2. part. 123. § 176. An Endictment for a Rescue, &c.

Essex ss.

Juratores pro Domino Rege supra sacramentum suum presentant quod cum H. C. R. G. & J. B. Arm' ac socii sui Justiciarii dicti Domini Regis ad pacem in Com' E. predict' conservand' necnon ad diversa felonia transgres∣siones & alia malefacta in eodem Com' perpetrat' audiend' & terminand As∣signat' in Generali Sessione pacis tent' apud T. in Com' E. predict' die Mar∣tis proxime post festum sanctae Trinitatis Anno &c. mandaverunt Vicecom' ejusdem Comitat' E. necnon & eorum cuilibet quod non omitterent prop∣ter aliquam libertatem Comitat' E. predict' quin eam ingrederent' seu unus eorum ingreder' & attachiarent seu unus eorum attachiaret corpora O. W. nuper de W. in Comitat' T. Laborer & A. J. de W. predict' in Com' E. pre∣dict' servient' & eos Coram Justiciariis predict' vel uno sociorum Justic' pa∣cis in Com' E. predict' venire Compellerent seu eorum unus venire compel∣leret ad inveniend' sufficient' manucaptionem quod ipsi personaliter com∣parerent coram dictis Justiciariis & sociis suis predictis ad proximam sessi∣onem pacis in Com' E. predict' tenend' & quod interim se bene gerent er∣ga dictum Dominum Regem & cunctum populum suum secundum formam Statut' in hujusmodi casu editi & provisi Cumque prefat' G. L. & J. B. vir∣tute mandat' predict' Arrestassent predict' A. J. & eum coram Justiciar' predict' vel eorum uni ducere voluissent prout mandatum predict' Justi∣ciar' predict' in se exigebat quidam tamen A. B. de W. predict' in Com' E. predict' Gen' & R. W. de W. predict' in Com' E. predict' Yeoman leges dict' Domini Regis minime verent' ex malitia sua precogitat' in Contempt' dicti Domini Regis legum suarum ac mandati Justic' predict' decimo die Maii Anno &c. Apud W. predict' in Com' E. predict' R. riotose & illicite assem∣blati & congregati in prefat' G. L. & J. R. in pace Dei & dicti Domini Regis ad tunc & ibidem existent' insult' & affraiam fecerunt ac prefat' R. W. diversas sagittas Angl' vocat' Arrows versus prefat' G. L. & J. B. ad tunc & ibidem sagittabant ea intentione ut prefat' G. L. & J. R. vulnera∣ret ac predict' Agnetam in Custodia eorund' G. & J. rescusserunt &c. Ac ipsos G. L. & J. B. vulneraverunt &c. ac preterea prefat' A. B. & R. W. pre∣dict' Agnetam J. adtunc & ibidem a custodia dictorum G. L. & J. R. vi & Armis rescusserunt atque eandem A. J. adtunc & ibidem ad largum ire & evadere fecerunt contra Pacem, &c.

Escheator

see Officer.

Estople

see Pleading.

Estreats

see Records, Justices, Amerciament, &c.

Evesdroppers

see Coron.

Evidence

see Proof.

Exaction and Extortion

see Fees.

Example

see Coron.

Examination

sees;ee Proofe.

Excommengement

see Ordinary.

Excise

see Taxes, Ale.

Execution.

Process, Judgment, Justices, Restitution.

* 75.1I. Lambert 4. cap. 16. pag. 565, 566. Where the Conviction is for tres∣passes against the Peace, Riots, and such other Contempts and Offences against the Crown or Statutes; for the which no certain fine is appointed, there the Judgment is, that the party shall be taken to satisfie the King for his Fine, and thereupon the capias pro Fine, and if the party cannot be found, other Judicial Process goeth out till he be outlawed, unless it be in a very few Cases, where by the words of the Statutes themselves they may proceed to assess the Fine in the absense of the parties, without call∣ing them to it by any process, as in 5 & 6. Ed. 6. 25. §. 5. N. 3. of Alehou∣ses, and in 5 Eliz. 13. §. N. of High-wayes.

But if the party be brought in, then he is a Prisoner, and then are the Justices of Peace by their discretion to assess the Fine, and to Estreat it, and to deliver him.

* 75.2II. Lambert 566. ibid. For in no Case (as I take it) can they of them∣selves levy any Fine or Forfeiture due to the King; insomuch as not they but the Sheriff is accountant for all such matters.

* 75.3III. Lambert 572. 573. And hereby (as I think) the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not on∣ly the Fines and Amerciaments, but also all other Issues, Penalties, Losses, Forfeitures and Summs whatsoever arising before them for the words of the Statute 14 Rich. 2. 11. §. 1. N. 2. are general, the money thereof arising, and therefore whatsoever summs are to be Estreated into the Exchequer, the same are also to be levyed by the Sheriff, Crompton 177. §. 30. Boult. 2. cap. 22. pag. 70.

* 75.4IV. Lambert 574. Howbeit I do not (on 7 H. 4. 3. §. N.) think that in our Case this Duty of Estreating is so peculiar to the Clerks of the Peace, but that the Justices of the Peace themselves ought also to have a Common and careful eye unto it, &c.

* 75.5V. Lambert 4. cap. 17. pag. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments, Fines, and other Forfeitures that grow unto the King by their service: yet it is commonly thought that they may not (but in some cases only, and that by special speech of the Statutes) make Execution either for him that will sue, or for any other of such part of the forfeiture as the Law doth afford them &c. But where they have power either by their Commission, or by any Statute, to hear and determine any cause at the Suit of a private

person, I do not see how the Cause can well be said to be fully determi∣ned till the Complainant hath had the effect of his suit, which cannot be without Execution.

VII. Lambert 576. Doubtless by special provision in 5 & 6 Ed. 6. 14. § 10. N. 4. against Forestallers,* 75.6 the Justices of the Peace may make Execu∣tion of the one Moiety of the Forfeiture for him that sueth by fieri fac' or capias as the Kings Justices at Westminster use to do the like on 5 Eliz. 12. § 8. N. 2. against Badgers, Drovers, &c.

VII. Lambert 576.* 75.7 For the moiety growing to the Informer upon the Statute of Liverys 8 Ed. 4. 2. § 1. N. 13. they shall make such Execution as ought to be had in Recoveries of Debt or Trespass at his own pleasure.

VIII. Lambert 576.* 75.8 They may also award Execution for the party that sueth on the Statute of Flax and Hemp, 24 H. 8. 4. § 4. N. 5. by such pro∣cess as shall seem fit by their discretions.

IX. Lambert 577.* 75.9 And the Estreats made by the Clerk of the Peace of forfeits for defaults of amending High-wayes are a sufficient Warrant to the Constables to levy the same by distress, to the use of the Church-war∣dens of the Parish where the default was, toward the amendment of the Highwayes, 2 & 3 Ph. & Mar. 8. § N. 5 Eliz. 13. §. N.

X. Lambert 577.* 75.10 And likewise the Estreats of the Justices of Peace of any Fines assessed by them upon Presentments in the Sheriffs Tourn, being inrolled, indented, and delivered to the Sheriff, are a good Warrant unto him to levy the same, to the use of him that was Sheriff, at the time of such presentments taken, 1 Ed. 4. 2. § 1. N. 8.

XI. Lambert 577.* 75.11 So may Justices of Peace award Process of Execution for levying the forfeitures upon offenders against 27 Eliz. 7. § 3. N. 1. of Issues lost by Jurors.

XII. Lambert 577.* 75.12 So may they in like manner award Execution by Fieri fac' & Capias of two Thirds of the forfeitures, the one for the com∣plainant, and the other for the Poor by the Statute of Husbandry and Tillage, 39 Eliz. 2. § 9. N. 2. as the Justices at Westminster use to do; so upon 5 Eliz. 9, § N. of Perjury 5 & 6 Ed. 6. 4. § N. of striking in the Church, &c.

XIII. Crum. 140. § 23. A. was bound to the Peace, before Justices of the Peace in 1000 l. and each of his Mainpernors in 1000 marks, and afterwards A.* 75.13 procured one to kill a Stranger, and upon this matter found by Verdict against A. a scire facias issued upon the Recognizance, and the Recognizor and one of the Mainpernors were taken for the Sum which he acknow∣ledged, for the King may take his Election to have Execution of the body or of the Lands and Chattels of the Mainpernor for the said Sum, per Curiam, 7 H. 4. 105.

Extolling Foreign Power,

see Pope.

Exportation,

see Ouster le mere, and Merch.

Common Fame,

see Coron Intendment.

False Imprisonment,

see Imprisonment.

False News,

see Slander.

False Tokens,

see Collusion Forgery.

Farms,

see Husbandry.

Fayrs,

see Market Overt,

Fasting,

see Days and Religion.

Fees.

Extortion, Exaction.

* 75.14I. 9 H. 3. 26 Magn' Chart' nothing shall be taken for an Enquest of Life or Member, but grant freely and not deny.

* 75.15II. 4 Ed. 3. 10. Nothing shall be taken by Sheriffs or Goalers on receit of Felons, Lamb. 429.

* 75.16III. 12 Rich. 2. 10. Of Justices of Peace is 4 s. per diem, Clerk two Shillings during Sessions. Crompt. 177. §. 23. Boult. 70. 71. Lamb. 572. infra.

* 75.17IV. 5 & 6 Ed. 6. 25. Alehouse-keepers to pay only 12 d. for recog∣nizances. Lambert 431. Crompt. 176. §. 10.

* 75.18V. 5 Eliz. 4. §. 38. N. 1. Fees of Justices of Peace sitting in Execu∣on of this Act of Labourers, 5 s, per diem. Crompt. 176. b. §. 21.

* 75.19VI. 27 Eliz. 4. §. 10. N. To Clerk of the Peace, &c. for license of Kidder, Drover, Badger, &c. and for Recognisanzance 8 d. Register 4 d.

* 75.20VII. 1 Jac. 27. §. 7. N. 1. Clerk of the Peace to take only 12 d. for licence to shoot in Hand-gun, &c.

* 75.21VIII. Lambert 4. cap. 4. pag. 430. 431. Enquiry in Sessions if the Clerk of the Peace have taken above 12 d. for the Inrollment of a Bar∣gain and Sale of any Land not exceeding 40 s. per Annum, or above 2 s. 6 d. if the Land exceed the value of 40 s. by the year. 27 H. 8. 16. §. 1. N. 4. Crompt. 59. §. 31. or have taken above 2 s. in all for any Li∣cence or Recognizance of a Badger, Drover, Kidder or Lader, and for the Registering thereof, 5 Eliz. 12. §. 6. N. 3. or have taken above 12 d. for a Recognizance of him that taketh a Rogue into his service for one year, 14 Eliz. 5 §. N. Crompt. 59. b. §. 32. 33. & 177.

* 75.22IX. Crompt. 57 b. §. 1. Nota the Commissioner §. 6. gives power to the Justices of Peace to enquire of all Extortions generally. Crompt. 8. b. §. 33.

* 75.23X. Crompt. 175. b. 176. §. 5. The Commission gives power to the Justices of Peace to enquire of Extortions, and therefore where a Sta∣tute gives Fees to an Officer who takes more, the Justices of Peace may inquire thereof, tho the Statute doth not give it.

* 75.24XI. Crompt. 176. §. 9. Its said that a Justice of Peace shall have for his Fee for every Recognisance taken by him of the Peace 2 s. and for Recognisance of the Bailment of a Prisoner, 2 s. and for every Supersedeas of the Peace 2 s. for every Warrant of the Peace under his Seal, 2 s. and for recording a release of the Peace 2 s. and for a Precept which touch∣eth the Peace, 4 d.

XII. Crompt. 177. Ab. §. 32. Lords of Franchises shall by 12 R. 2. 10 §. 1. N. 5. be contributory to the Wages of the Justices of Peace,* 75.25 and this shall be intended that if any Lord of a Franchise hath the Fines and Amer∣ciaments of all his Tenants and Inhabitants within such a Vill, where, &c. that the Fines and Amerciaments shall be rated for the Portion, and the Sheriff shall retain so much of them when the Lord demands them in the Exchequer, and if the Lord may levy them by his Officers (as he may by the Kings Grant) then the Justices of Peace shall be paid by the Lord himself, Marrow Lect. 10. Boult. 2. cap. 22. pag. 70.

XIII. Crompt. 177. b.* 75.26 Every one of the eight Justices who is not a Ba∣ron or, &c. who comes to the Quarter Sessions, shall have 4 s. by the day, that they serve there, and their Clerk, (viz. the Clerk of the Peace) 2 s. 12 Rich. 2. 10. Boult. 70, 71.

XIV. Crompt. 177. b.* 75.27 The Constable who arrests one that is like to make an affray shall take no Fine nor Fee of him for his deliverance, by Marrow, Lect. 7.

XV. Crompt. 177. b. The Clerk of the Peace shall have for every Recog∣nizance of the Peace taken in Court, 2 s.* 75.28 and for every release of the Peace 2 s. and for awarding Process against any one to find surety of the Peace, 2 s.

XVI. Boult. 2. cap. 22. pag. 70, 71. and hereof (viz. on 14 R. 2. 11.* 75.29) also Mr. Marrow collecteth, that how many soever Commissioners of the Peace there shall be assembled at these Sessions, yet only eight of them shall receive the Wages, because that at such time as these Wages were first appointed, the Law did take knowledge and make allowance only of eight Justices, and no more. Crompt. 177. b.

XVII. Boult. 71. ib.* 75.30 And Marrow also maketh it doubtful whether it be not in the power of the Barons of the Exchequer to appoint which eight, when more be assembled at the Sessions, shall have the Wages paid unto them, but it seemeth by 14 R. 2. 11. §. 1. N. 3. that the Sheriff shall first pay the Wages, and then the Barons shall make the allowance accor∣ding to the Indenture, so that I see no liberty of such nomination left un∣to the Barons, Lambert 572.

XVIII. Bolt. 2. cap. 22. pag. 71.* 75.31 It would be somewhat hard indeed to strain 14 R. 2. 11. §. 1. N. 2. so far as to give Wages thereby to so ma∣ny Justices as be now at these days in every Shire, and would be pre∣sent at the Sessions; and it might breed both offence against the Sheriff, and a jealousie among the Justices themselves, to have one of them pre∣ferred before another in this payment, and therefore I think it wisely done as it is somewhere used, to bestow the whole allowance upon the defraying of their common diet.

XIX. Bolt. 71. ibid. If the Fines and Amerciaments of the same Sessi∣ons,* 75.32 saith Mr. Marrow, will not fully amount to the sum of the Wages then due to the Justices, yet shall the Wages be valuably payd out of them so far as they will extend.

XX. Polt. de Pace. 90. §. 38.* 75.33 If a man Indicted and Arraigned of Fe∣lony doth plead and shew forth the King's Pardon of the same Felony, which is allowed by the Court, whereupon he doth pay and give his Fees of Gloves to the Justices and the other Officers of the Court, this is no Extortion, but an Ancient Fee, and lawfully due unto them. 4. Edw. 4. 10.

XXI. Lambert 572. the Statute 12 Rich. 2. 10. §. 1. N. 5. had allowed to every of eight Justices of the Peace, four shillings by the day,* 75.34 for the time of their Quarter Sessions, to be paid by the hands of the Sheriff, of the Fines and Amerciaments coming of the same Sessions: But because it was soon after seen that it was a great delay to the Justices of Peace

in this payment, to expect the levyings of those Fines and Amerciaments by Estreats first sent up to the Exchequers and then delivered thence to the Sheriff, (which was at that time the common manner of levying Fines and Amerciaments) therefore it was within two years after, viz. 14. R. 2. 11. §. 1. N. 3. provided that the Estreats of the Justices of Peace should be indented or doubled, and the one part thereof delivered by them to the Sheriff, to the intent that he may levy the mony thereof rising, and pay the Justices their Wages, by Indenture between him and them to be made, and the Barons of the Exchequer may charge and allow him upon the making of his account accordingly; and hereby, as I think, the Estreats of the Justices of the Peace be now an immediate Warrant to the Sheriff to levy, &c. Lambert 616.

* 75.35XXII. Lambert 4. cap. 21. pag. 615. Whilst it was at the liberty of the Justices of Peace to hold their Quarter Sessions as short time as they would, the Law did not allow them any Wages for their pains; but when 12 R. 2. 10. §. 1. N. 5. had bound them under pain of punishment to continue their Sessions three days together, if the affairs of the Office did so require; the same Statute thought it meet also to allow every of them four Shillings by the day, to be paid by the hands of the Sheriff, out of the Fines and Amerciaments rising of the same Sessions, and that the Lords of Franchises should be contributors to those Wages, &c.

* 75.36XIII. Lambert 619. A Justice of Peace may also be Indicted of the unlaw∣ful taking of money for doing of his Office, or of such other falsity. F.N.B. 243. E. 27. Ass. 8. Presentment, &c. Br. 23. 9 H. 660. Judges Br. 2.

XXIV. West. Symb. 2 part 105 b. sect. 108. an Indictment of Extor∣tion against a Coroner on 1 H. 8. cap. 7.

Essex ss.

Juratores pro Domino Rege super Sacramentum suum presentant, quod cum per Statutum in Parliamento Domini Henrici nuper Regis Angl' 8. Anno Regni sui primo ordinat' est, & stabilit' existit, quod super re∣quisitionem Coronator' fact' ad veniend' & inquirend' super visum cor∣poris alicujus personae per infortunium occisae, mersae seu aliter mortuae coronat' predict' diligenter faceret officium super visum corporis cujuscun∣que talis personae vel personarum absque aliqua de pro vel inde capiend' sub poena quod quilibet coronator qui officio suo ut predict' est fungi recusaverit vel rem aliquam caperet pro functione officii predicti super visum corporis alicujus personae mortuae per infortunium pro quolibet tempore 40 s. prout in Statut' predict' plenius continetur.

Quidam tamen W. B. de H. in Com. predict. Generosus 12 die Decemb. &c. ad tunc existens unius coronator' dicti Domini Regis in Comitat' pre∣dict' apud M. in Com' predict' colore officii sui predict' extorsive & inju∣riose cepit pro feodo suo 20 solid. de quodam Roberto S. de B. in Com' predict' Yeoman, pro executione officii sui predict' super visum corporis cujusdem Johannis C. nuper de B. in Com' E. predict' Laborer, qui apud B. predict' in Com' E. predict' quarto die predict' Octob. Anno, &c. per in∣fortunium occisus fuit in contempt' dicti Domini Regis, & ad grave Damnum ipsius R.S. & contra formam Statut' predict' & diversorum aliorum Statut' inde edit, &c. promis.

Crompt. J.P. 248. b. Pl. 55.

2. ibid. sect. 109. The like on the same Statute 1 H. 8. cap. 7.

Essex ss.

Inquiratur pro Domino Rege si A. C. de B. in Com' E. Gen' 6. die Junii Anno Regni, &c. unus Coronator' dicti Domini Regis in dicto Com' E. ad tunc existens apud B. predict' in Com' E. predict' colore officii sui predict. extorsive cepit pro feodo suo 20 solid. de quodam J. S. in dicto Com' Generos' in & pro functione & executione officii sui predicti

super visum corporis R. N. nuper de B. predict' in Com' E. predict' (qui quidem R.N. 5 die Mensis Junii predict' Anno supradict' apud B. predict' in Com' E. predict' Casu ab equo suo per infortunium fuit occisus) in mag∣num dicti Domini Regis contempt' ac contra form' Statut' in Parliamento Domini Henrici nuper Regis Angl' 8. tent' Anno Regni sui primo in hu∣jusmodi casu provisi ac editi. Lambert Precedents 15 b. Pl. 41.

XXV. West. Symb. 2. part. 10 b. sect. 110.* 77.1 an Idictment of Extortion against an Escheators servant. See 23 H. 6. cap. 17. & 5 Eliz. 8, &c. Crompt. 248 b. pl. 56.

Essex ss.

Juratores pro Domino Rege super Sacramentum suum presentant, quod R. Bennet de P. in Com. E. predict' Yeoman, serviens & minister cujusdam B.T. Eschaetor' dicti Domini Regis Com' predict' 15 die Julii Anno Reg∣ni, &c. apud W. in Com' predict' domum Mansionalem cujusdem J. M. fregit & intravit & 6. tergora Corii vocat' 6 Hydes of green Leather, ad valent' 8 l. & 6 duodenas Pellium vitulorum vocat' 6 dozen of Calves Skins, ad valent' 4 l. 10 s. quae quidem tergora & pelles adtunc & ibi∣dem invent' colore officii sui extorsive & injuste cepit seisivit & asporta∣vit ad grave damnum ipsius J. contra leges & ordinationes Dominae Eli∣zabeth' nuper Reginae Regni sui Angl' & contra form' diversorum Statut' in hujusmodi casu edit' & provis.

XXVI. West. Symb. 2. part. 106. sect. 111. An Indictment against a Register in the Spiritual Court for Extortion upon 21 H. 8. 5. Lamberts Precedents. 15. b. pl. 42.

Essex ss.

Juratores pro Domino Rege super Sacramentum suum presentant quod A.B. de C. in dicto Com' E. Generos' primo die mensis Augusti Anno Regni, &c. ad tunc Scriba seu Registerius reverendi in Christo Patris D. tunc per∣missione divina Archiepiscopi E. existens apud M. in Com' E. predict' colore officii sui predict' extorsive ac injuriose cepit de quodam I. S. de M. predict' in dicto Com' E. Tanner duos solidos legalis monetae Angliae pro feodo ipsius A. B. pro scriptione probationis unius Testamenti cujusdam R. N. Qui quidem R. N. apud M. predict. infra Dioces' dicti D. Ar∣chiepiscopi 24. die Junii Anno supradict' mortuus est, ubi re vera idem Testament. tunc ibidem allatum est ad dictum Scribam sive Registrarium per dict' I. S. in pergameno script' & ubi omnia bona jura & credita dicti R. N. dicto tempore dictae mortis suae non excedebant summam quin∣que librarum & ubi etiam tota dict' script' probationis testament' pre∣dict' per prefat' Scribam sive Registrarium sic ut prefertur fact' non con∣tinebat in se 40 lin. quorum quaeque linea erat 12 Policem in logitudine, in magnum dicti Domini Regis contempt' ac contra formam cujusd' Sta∣tut' in Parliamento Domini Henrici nuper Regis Angliae 8. tent' Anno Regni sui 21. in hoc casu provisi ac editi.

Felons and Felony,

see Coron.

Felo de se,

see Coron.

Fencers,

see Games.

Ferrets,

see Forests.

Fesants,

see Fowls.

Feather-Beds,

see Drapery Trades.

Fighting,

see Affray.

Fines,

see Amerciaments.

Fish.

* 79.1I. 17 Rich. 2. §. 1. N. 7. the Justices of the Peace of all Counties shall be Conservators of the Statutes (13 Ed. 1. W. 2. cap. 47. of taking Salmons; and of 13 Rich. 2. 19. against taking Salmons in Milstands, &c.) in the Counties where they be Justices. Lambert 189. 190. 447. Dalt. 55. cap. 21.

* 79.2II. 23 H. 8. 18. §. 2. N. 1. Justices of Peace, eight, seven or six, whereof two to be Citizens of York, one of West, and one of East Ri∣ding, &c. to survey and pull down all Fish Gorths, Pills, and Stakes in Humber and Owse, Nets wanting Assize, &c.

* 79.3III. Lambert 4. cap. 4. pag. 450. Enquiry at Sessions if any have packed Fish in Barrels, and have mixed the countable Fish with the small Fish, against 22 Ed. 4. 2. §. 3. N. 6. & 11 H. 7. 23. or have bought of a stranger born, or out of a strangers bottom any Herring (other than such as comes by Shipwrack) not sufficiently salted, packed and casked, 5 Eliz. 5.

* 79.4IV. Lambert 450. ibid. If any have dried in this Realm to be sold any Fish taken or brought hither by any stranger born, 13 Eliz. 11.

* 79.5V. Lambert 450. If any stranger born have brought into this Realm, any Cods or Lings packed in Barrels or other Casks, 13 Eliz. 11 Crompt. 96.

* 79.6VI. Lambert 450. 451. Enquiry in Sessions if any person within this year have taken upon him to set price to take Toll, or to demand any Tax upon any Sea Fish, taken by any subject in their own Vessels, &c. 5 Eliz. 5. §. 2. N. 1.

* 79.7VII. Lambert 452. If any person, other than by reason of age, sickness, childing or license, have within this year eaten flesh in Lent, or upon any Fish days observed by the custom of this Realm, 2 & 3 Ed. 6. 19. §. N. 5 Eliz. 5. §. N. 35 Eliz. 7. §. N. & 1 Jac. 29. §. N.

* 79.8VIII. Lambert 453. If any have made or brought into this Realm any Barrels of Eels not containing 42 Gallons, or Butt of Salmon, not con∣taining eighty four Gallons, 2 H. 6. 11. §. N. Crompt. 92 b.

* 79.9IX. Lambert 3. cap. 2. pag. 355. No Fisherman shall be taken to serve as a Mariner by the Kings Commissioners but by the choice of two Justices of the Peace adjoyning to the place where he is to be taken, 5 Eliz. 5. §. N.

* 79.10X. Dalt. 55. cap, 21. By Warrant of any one or more Justices of the Peace the Constables and Church-Wardens where any offence is com∣mitted in destroying the spawn and brood of Sea Fish, may levy the forfeitures of the offenders by distress and sale, &c. Lambert 201. 3 Jac. 12. §. N.

XI. Dalt. 56. cap. 21.* 79.11 Every Justice of Peace in the Lent time may enter into and search all Victualling Houses, and finding there any Beef, Mutton, Veal or Hogs killed or dressed, (except Flesh to be killed three days before Easter) may take and seize the same as forfeit, and shall give the same to Prisoners and poor People by their discretion, 1 Jac. 19. §. N.

XII. Lambert 447. 448.* 79.12 Enquiry at Sessions if any person have with any Net or mean taken or killed any Fry or Spawn of any Fish in any Wear, Floodgate, Stream or River, salt or fresh, or at the Tail of any Mill, or have taken there any Salmon or Trouts out of Season, that is, be∣ing Kippers or Skedders: or have taken and killed any Pickerel under ten Inches in length, or Salmon under fifteen Inches, or Trout under eight Inches, or Barbel under twelve Inches; or have fished in any the said places with any Net, but such whereof every Mesh was two Inches and an half broad: but Angling is excepted, and so is the taking of Smelts, Loches, Minens, Binheads, Gudgeons, and Eeels, in places only where they have been used to be taken, 1 Eliz. 17. § N. & 13 Eliz. 11. § N.

XIII. Lambert 568, 569.* 79.13 For the Justices (upon Conviction had before them) may set Fine by their discretion upon such as take Salmons, or de∣stroy the Fry of Fish in Rivers against 13 Ed. 1. W. 2. cap. 47. & 13 Rich. 2. 19. & 17 Rich. 2. 9. § 1. N. 7. Lambert 447.

XIV. West. Symb. 2. part 138. §. 242.* 79.14 An Indictment for Fishing in a Mill-pond, &c.

Essex ss.

Inquiratur pro Domino Rege si T. W. de M. in Com' predict' Laborer, & H J. de W. in Com' predict Taylor, &c. die Aprilis Anno Regni &c. tam di∣versis temporibus ante predict' diem & postea apud H. predict' in Com' pre∣dict' vi & Armis in uno Stagno ibiddem vocat' H. milne Poole liberum tene ment' R. D. Gen' cum Hamis & aliis ingeniis Piscat' & diversos Pisces cepe∣runt ad grave Damnum predict' R. D. ac contra pacem, &c

XV. West. Presidents 72. b. § 215. Indictment of Trespass in a Fish-gorth, &c.

Lincoln ss.

Juratores pro Domino Rege super sacramentum suum presentant quod W. S. de B. in Com' L. predict' Yeoman J. W. de eadem villa Yeoman & J. W. de T. Com' L. predict' Yeoman viii die Martii Anno &c. circa horam 4 post meridiem ejusdem diei in S. K. & B. in Com' L. predict' vi & Armis &c. in quand' Piscat' vocat' Fish Gorths tunc in tenura & occupat' R. F. C. L. & J. firmar' ibidem dicti Domini Regis intraverunt & fregerunt & tres Salmones ad vallent xx s. de bonis & Catallis predict' R. F. C. L. & J. L. in Piscatoria predict' ceperunt & abinde asportaverunt contra voluntatem predict' R. F. &c. ac contra pacem dicti Domini Regis nunc, &c.

XVI. West. Symb. 2. part 148. § 252. An Indictment of Fishing in a Mill Pond.

Essex ss.

Inquiratur pro Domino Rege si T. W. de M. in Com' predict' Laborer, & H. J. de W. in Com' predict' Taylor, &c. 14 die Aprilis Anno &c. ac di∣versis temporibus ante predict' ibidem & postea apud H. predict' in Com' pre∣dict' vi & Armis in uno Stagno idem vocat' H. Milne Poole, liberum tene∣ment' R. D. Gen' cum Hamis & Aliis Ingeniis piscat' & diversos pisces cepe∣runt ad grave Damnum predict' R. D. ac contra pacem &c.

Flesh

see Catle, Fish.

Force.

Posse Comitatus, Entre, Riot, Rescous, Sheriffs.

* 82.1I. 3. Ed. 1. W. 1. cap. 17. The Sheriff or Bayliff, &c. may take the power of the County to Replevie Cattle driven into Castle.

* 82.2II. 13 Ed. 1. W. 2. cap. 39. § 1. N. 25. And if Resisters of the Kings Pro∣cess Retorn by the Sheriff be convict of such resistance, they shall be pu∣nished at the Kings pleasure, neither shall any Officer of the Kings meddle in assigning the punishment, for our Lord the King hath reserved it spe∣cially to himself, because that resisters have been reputed disturbers of his Peace, and of this Realm.

* 82.3III. Lambert 2. cap. 4. pag. 135. It seemeth that before the troublesome Reign of King Richard the Second, the Common Law permitted any per∣son which had good Right or Title to enter into any Land to win the pos∣session thereof by force, if otherwise he could not have obteyned it, Crom. 67. b. § 1. & 7 H. 6. 13. Forcible Entry Br. 2. Crompton 65. b. § 61. Boult. 1. cap. 29. pag. 121. Dalt. 193. cap. 76.

* 82.4IV. Lambert 135. For a man may see in Britton 115. cap. 44. Bract. 162. b. 163. a. That a certain respite of time was given to the Disseisee accor∣ding to his distance and absence, in which it was lawfull for him to gather Force, Arms, and his Friends, and to throw the Disseisor out of his wrongfull possession.

* 82.5V. Lamber. 135, 136. And at this day, if in a Common Action or In∣dictment of Trespass for entring into Lands, the Defendant will make Title thereunto, the matter of the Force alledged against him, will rest altogether upon the validity of his Title, as appeareth 7 H. 6. 13. 40. Lambert 147, 148. 9 H. 6. 19. Forcible Entry, Br. 18. Dalt. 193. cap. 76. Boult. 1. cap. 29. pag. 122. § 2.

* 82.6VI. Lambert 136. But after the rebellious tumult and Insurrection of the Villains, and other the base Commons which happened 4 Rich. 2. the Par∣liament thinking it necessary to provide against all such occasions of further Sedition, Uproar, and breach of Peace, did ordain among other things, 5 Rich. 2. 7. That none from henceforth make any Entry into any Lands and Tenements, but in Case where Entry is given by the Law. 2. And in such Case not with strong Hand, nor with multitude of People, but only in Peaceable and easie manner. 3. And if any man from henceforth do the contrary, and thereof be duly Convict, he shall be punished by Imprison∣ment of his body, and thereof Ransomed at the Kings will, Crompt. 67. b. § 2. Boult. 112. cap. 29. § 3.

* 82.7VII. Lambert 136, 137. But because 5 R. 2. 7. provided no speedy re∣medy in this poinr, nor extended to holding with force, nor left any spe∣cial power therein to the Justices of the Peace in the Country, whereas the experience of that unquiet time required a more ready hand to the supression of such disorder, and Justices of the Peace were then 13 R. 2. 7. newly chosen in all the Counties of England, therefore it was further en∣acted 15 Rich. 2. 2. §. 1. N. 2. that at all times that such forcible Entry shall be made, and complaint thereof cometh to the Justices of Peace, or to any of them, that the same Justices or Justice take sufficient power of the County, and go to the place where such force is made. 3. And if they find any that hold such place forcibly after such Entry made, they shall be

taken and put in the next Goal, there to abide Convict by the Record of the same Justices or Justice, untill they have made Fine and Ransom to the King. 4. And that all the people of the County as well the Sheriff, as other shall be attendant upon the same Justices to Arrest such Offenders upon pain of Imprisonment, and to make Fine to the King. 5. And in the same manner it shall be done, of them that make such forcible Entries in Benefices or Offices of Holy Church, Crompt. 67. b. § 3. Boult. 122. cap. 29. § 4. Dalt. 194. cap. 76.

VIII. Lambert 137, 137. But yet again,* 82.8 forasmuch as 15 R. 2. 2. did not extend to those that entred Peaceably, and then held with Force. 2. nor yet reached to the Offendors, if they were removed before the coming of the Justices. 3. Nor made restitution of the Possession so forcibly got∣ten. 4. Nor gave any pain against the Sheriff that did not obey the Pre∣cepts of the Justices in this behalf, it was ordained, &c. 8 H. 6. 9. § 2. N. 3. that where any doth make any forcible Entry in Lands and Tene∣ments or other possession.s, or them hold forceably after complaint thereof made within the same County where such Entry is made, to the Justices of Peace, or to one of them, by the party grieved, that the Justices or Justice so warned within a convenient time, shall cause, or one of them shall cause the said Statute 15 R. 2. 2. duely to be executed, and that at the Costs of the party so grieved, Crompt. 68. § 5. Boult. 122. cap. 29. § 5. Dalt. 194. cap. 76. & 58. cap. 22.

IX. 8 H. 6. 9. §. 3. N. 1. And moreover, tho that such persons making such Entries be present, or else departed before the coming of the said Justices or Justice, notwithstanding the same Justices or Justice 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 Forceable Entries in Lands and Tenements as of them which the same hold with force. 2. And if it be found before any of them, that any doth contrary to this Statute of 8 H. 6. 9. then the said Justices or Justice shall cause to reseise the Lands and Tenements so entred or holden as afore, and shall put the party so put out, in full pos∣session of the same Lands and Tenements so entred or holden as before. 3. And if any person after such Entry into Lands or Tenements holden with force, make a Feoffment, or other discontinuance to any Lord or other person to have maintenance, or to take away and defraud the pos∣sessor of his recovery in any wise, if after in Assize or other Action there∣of to be taken or pursued before Justices of Assize, or other the Kings Justices whatsoever by due enquiry thereof to be taken, the same Feoff∣ments and discontinuances may be duly proved to be made for mainte∣nance, &c. that then such Feoffees, or other discontinuances, &c. shall be void, frustrate, and holden for none.

X. 8 H. 6. 9. § 4. N. 1. And also when the said Justices or Justice make such enquiries as before, they shall make, or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County, Commanding him on the Kings behalf to cause to come before them, and every of them, sufficient and indifferent persons, dwelling next about the Lands so Entred as before, to enquire of such Entreies. 2. Whereof every man which shall be Impannelled to Enquire in this behalf, shall have Land or Tenement of the yearly value of xl. s. by the year at the least above reprises. 3. And that the Sheriff Retorn Issues upon every of them at the day of the first Precept Retornable 20 s. and at the second 40 s. and at the third time 100 s. and at every day after the double. 4. And if any Sheriff or Bailiff within a Franchise, having Retorn of the Kings Writ, be slack, and make not Execution duly of the said Precepts to

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him Directed to make such Inquiries, that he shall forfeit to the King 20 l. for every default, and moreover shall make Fine and Ransom to the King.

XI. 8 H. 6. 9. § 5. N. 1. And that as well the Justices or Justice aforesaid, as the Justices of Assise, and every of them, at their coming into the Coun∣try to take Assizes, shall have, and every of them shall have power to hear and determine such defaults and negligences of the Sheriffs and Bayliffs, and every of them, as well by Bill at the Suit of the party grieved for him∣self, as for the King, to sue by Indictment only to be taken for the King. 2. And if the Sheriff or Bayliff be duly attainted in this behalf by Indict∣ment or by Bill, that he which sueth for himself and for the King have the one moiety of the Forfeiture of 20 l. together with his Costs and Expen∣ces. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf, as should be against persons Indicted or Sued by Writ of Trespass done with Force and Arms against the Peace of the King.

XII. 8 H. 6. 9. §. 6. N. 1. And moreover if any person be put out, or disseised of any Lands or Tenements in forcible manner, or put out peace∣ably, and after holden out with strong hand, or after such Entry, any Fe∣offment or Discontinuance in any wise thereof be made to defraud and take away the right of the Possessor, that the party grieved in this behalf shall have Assize of Novel Disseisin, or a Writ of Trespass against such Dis∣seisor. 2. And if the party greived, recover by Assize, or by Action of Trespass, and it be found by Verdit, or in other manner by due Form in Law, that the party Defendant entred with Force into the Lands and Te∣nements, or them after his Entry, did hold with Force, that the Plaintiff shall recover his Treble Damages against the Defendant. 3. And more∣over that he make Fine and Ransom to the King. 4. And that Mayors, Justices, or Justice of Peace, Sheriffs, and Bayliffs of Cities, Towns and Borroughs, having Franchises, have in the said Cities, Towns, and Burroughs, like power to remove such Entries, and in other Articles aforesaid, rising within the same, as the Justices of Peace and Sheriffs in Countyes and Countryes aforesaid have.

XIII. 8 H. 6. 9. § 7. N. 1. Provided always that they which keep their Possessions with Force in any Lands and Tenements, whereof they or their Ancestors, or they whose Estate they have, in such Lands and Tenements have continued their possessions in the same, by three years or more be not endamaged by Force of this Statute.

* 82.9XIV. Lambert 140. This Statute 8 H. 6. 9. § N. Enableth any one Justice of the Peace to give remedy in this hurt of Forcible Entry, and holding: and is made as well against such as enter with force and then hold peaceably, and against those that enter in peaceable sort, and then main∣tain their possession forcibly, as also against as many as do both enter and hold in forcible manner 3 Ed. 4. 19. Forcible Entry, Br. 15. F.N.B. 148. Dalt. 56. cap. 22. & 194. cap. 76.

* 82.10XV. Lambert 141, 142. Walking over another mans ground to Hawk, Hunt, Fish, cut Grass, or fell Trees, or taking Goods is a Disseisin with Force and Arms, 34 H. 6. 26. Acc. sur Stat. Br. 8. Briefe Br. 522. & 11 Ass. 26. & 11 H. 4. 16. 21 Ed. 3. 34. Assize 301. and yet I doubt also, whether any of these be of themselves forcible Entries of that nature, which these Statutes do take in hand to punish; for albeit they have in them more actual force then those other Trespasses, &c. Yet whilst the doer of them neither executeth apparent violence against any person, nor is furnished with Weapon, nor armed with Company that may offer any dreadfull dis∣turbance. I see not how those Statutes which have for their only mark strong hand and multitude of people can hurt, or so much as hit him, Cromp. 68. §. 1. Dalt. 195. cap. 77.

XVI. Lambert 142. So that if a man were Indicted upon this Statute,* 82.11 8 H. 6. 9. for that he Disseised another vi & Armis, viz. Gladiis &c. with∣out saying manu forti, &c. or cum multitudine, &c. the Bill as I think would be insufficient, unless it were holpen by concluding afterwards, contra form' Statuti predicti, or by some other matter that implyeth so much, Dalt. 195. cap. 77.

XVII. Lambert 145.* 82.12 If a Justice of the Peace come to the house that is supposed to be holden with force, and there findeth but one person which obstinately keepeth the Door shut against him, and will not suffer him to enter, this is a forcible holding by Marrow. So is it, if when the Justice entreth the house, he shall find persons harnessed, or in other Warlike sort, appointed, or having such furniture lying ready in the House to be used by, them by Marrow. But if a man shall peaceably enter into a House wherein he findeth Armor or Weapon for the War, then, as I think, the only suffering it to remain there without the use thereof, will not charge him as a forcible holder, Crompt. 70. b. § 40. Dalt. 57. cap. 2••. & 197. cap. 77. Boult. 123. cap. 29. § 11.

XVIII. Lambert 146, 147. Touching the Recording of the Force,* 82.13 al∣though both this Statute 8 H. 6. 9. § 2. N. 3. 15 R. 2. 2. § 1. N. 2. have mention that the Justice shall upon complaint made unto him by the party grieved, go to the place, &c. yet that doth not inforce any necessity of such complaint; for it is holden 7 Ed. 4. 18. Crompt. 64. a. that a Justice of Peace may Record a forcible Entry or holding, or may enquire of it, and make restitution also upon any Information or knowledge thereof whatsoever, tho no complaint at all be brought unto him by any party grieved thereby, Poult. de Pace 38. § 16. Boult. 122. cap. 29. § 8.

XIX. Crompt. 67. b. 68. a. § 4.* 82.14 If a man enters with Force upon the pos∣session of a Justice of Peace, it seemeth he himself may Record this Force, and Commit him, tho he is party himself to the matter, because the Sta∣tute 15 R. 2. 2. § 1. N. 3. is that the Justice shall Record the Force, and Commit him, and this is for the King; as in the Case where a Constable Arrest one that would assault him, he may Imprison him till he will find Sureties of the Peace per Curiam 5 H. 7. 6. faux Imprisonment Br. 42. and yet I heard Flowerdew Justice of Assize at Stafford in his Charge there, say, That it hath been often seen, that a Justice of Peace who hath executed his Office in his own Case, hath been punisht in the Star-Chamber, 43 Eliz. 7. §. 3. N. 1. Dalt. 344. cap. 120. § 2.

XX. Lambert 2. cap. 4. pag. 147. And as the Statute 8 H. 6. 9. § 2. N. 3.* 82.15 saith that this ought to be done at the Costs of the party grieved: so Mar∣row thinketh, that unless these Costs be tendered before hand, the Justice needeth not to stir about it. But howsoever he being then a practicer in the Law, might think it good to stand upon his Fee; yet I advise our Justice of the Peace to go forward, as having more regard of his Credits Oath and Duty, Costs Br. 2.

XXI. Lambert 147. Neither ought the Justice to Stagger,* 82.16 or stay at at all about the right or wrong of his Title that entreth or holdeth forcibly; for considering that 5 R. 2. 7. § 1. N. 2. doth without excep∣tion prohibit all Entry with Force, howsoever the Entry be otherwise law∣full, and seeing also that 8 H. 6. 9. § 3. N. 3. permitteth no forcible hold∣ing, but only where three years possession have gone before: and weigh∣ing moreover, that both they and 15 R. 2. 2. § 1. N. 3. do together labor to repress force and Violence, and have also made the Justice of Peace their Minister therein. I see no cause why the Justice of Peace, who per∣haps shall want sufficient learning in the Law to discern of the right or title, (and yet may be both a fit person to remove the Force, and able enough to restore the possession) should be tyed to the discussion of the

right or title of either of the parties, and this I gather upon the opinion of all the Court, 9 H. 6. 19. Entre. 5. Forcible Entre Br. 18. which was the very next year after the making of the last of these Statutes, where it is said that Acc. Sur Stat. Br. 7. is for the right only, and must say Illicite in∣gressus est, or ubi ingressus non datur per legem: But the Indictment is for the Force in respect of the King, to whom the party shall make Fine, al∣though his right be never so good and sound 22 H. 6. 18. Crompt. 74. 164. b. 166. b. Dalt. 197, 198. cap. 77. & 210. cap. 81.

* 82.17XXII. Lambert. 148, 149. And therefore the Justices of the Peace may boldly proceed in this business, taking with him sufficient power of the Country by his Discretion, and therein the Sheriff also, if need do require, as well for the Arresting of such as he shall find to Enter or hold forcibly against these Laws: as also for the removing of the Force which they bring and for the conveying of them to the next Goal, as persons thereof Con∣victed by his own Eye, Testimony, and Record, Boult. 123. cap. 29. § 8, 9.

* 82.18XXIII. Lambert. 149, 150. The Record of the Force,

Kent ss.

* 83.1Memorandum quod 8. die mensis Januarii Anno Regni &c. Questus est mihi S. L. uno Justiciar' dicti Domini Regis ad pacem in dicto Comitatu conservand' Assignat' quidam A. B. de W. in dicto Com' Yeoman quod C. D. de W. predict' & nonnulli alii pacis dicti Domini Regis perturbatores igno∣ti in Domum Mansionalem ipsius A. B. in W. predict' manu forti ingressi sunt & ipsum A. B. inde Dissesiverunt ac eandem manu forti & Armata potentia adhuc extra tenen' ac proinde petit' a me sibi in hac parte remedium Apponi Quae quidem querimonia & petitione audita ego prefatus S. L. Immediate ad dictam Domum Mansionalem personaliter accessi ac in eadem Domo ad∣tunc inveni prefatum C. D. & quosdam E. F. & G. H. &c. Domum illam vi & Armis, manu forti & Armata potentia, viz. Arcubus & sagittis Gladiis pugionibus Galeis & loricis tenentes contra formam Statuti in Paliament' Domini Rich. nuper Regis Angl' secund' Anno Regni sui XV. tent' pro∣visi ac contra form' diversorum aliorum Statutorum ac propterea ego pre∣fat' S. L. predictos C. D. E. F. & G. H. adtunc & ibidem Arrestavi proxi∣maeque Goalae dicti Domini Regis apud M. in dicto Comitatu duci feci ut de dicta manu forti tentione per visum & Recordum meum convictos ibi∣dem moraturos quousque Fines dicto Domino Regi pro transgressionibus suis predictis fecerint. Dat' apud W. predict' sub sigillo meo die & Anno su∣pradict' per me prefat' S. L.

Dalt. 391. cap. 129. Crompt. 74. b.

* 83.2XXIV. Lambert 150, 151. The form of the Mittimus to the Goaler may be thus,

Kent ss.

G. C. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty, within his said County of K. to the Keeper of his Majesties Goal at M. in the said County, and to his Deputy and Deputies there, and to every of them Greeting: Whereas upon Complaint made unto me this present day by A. B. of W. in the said County Yeoman. I went immedi∣ately to the Dwelling House of the said A. B. in W. aforesaid, and there found C. D. E. F. & G. H. of W. aforesaid Laborers forcibly, and with strong hand, and Armed power, holding the said house against the Peace of our said Soveraign Lord, and against the form of the Statute of Parlia∣ment thereof made, in XV. year of the Reign of our late King Richard the Second: Therefore I send you by the bringers hereof, the Bodies of the said C. D. E. F. and G. H. Convicted of the said Forcible holding, by my own View, Testimony, and Record, Commanding you in his Majesties Name to receive them into your said Goal, and there safely to keep them untill such time as they shall make their Fines to our said Soveraign Lord,

for the said Trespasses, and shall be thence delivered by order of the Law of the Land; hereof fail you not, upon the Peril that may follow there∣of.

Given at W. aforesaid, under my Seal the day and year abovesaid,

by me the said G. C.

Crompt. 74, b. 75. Dalt. 391. cap. 129. Poult. de Pace, 38. §. 15.

XXV. Crompt. 62. § 16. The Queens Attorney, viz. Sir Gilbert Gerard,* 84.1 exhibited a Bill in the Star-Chamber, on 17 R. 2. 8. because the Sheriff and Justices of Peace of Stafford, did not remove the force that was in the Mannor of Drayton Basset, and the Sheriff, and divers of the Justices were fined, Dalt. 59. cap. 22.

XXVI. Crompt. 68. b. § 5.* 84.2 Though the Justices of Peace will not Re∣cord the Forcible Entry or Deteyner, nor enquire thereof; yet no pain is given by 15 R. 2. 2. nor by 8 H. 6. 9. but on complaint in the Star-Chamber, they shall be punished, &c. Dalt. 60. cap. 22.

XXVII. Crompt. 71. § 44. If a House that is held with Force,* 84.3 extends into two Countreys, and they remove the Force into that part of the House which is in the other County when the Justices come, in this Case they cannot remove this Force, Boult. 123. cap. 29. § 12.

XXVIII. Dalt. 57. cap. 22. § 3.* 84.4 Also the Justice ought to make a Re∣cord of such Force by him Viewed, which Record shall be a suffic••••nt Conviction of the Offendors, and the parties shall not be allowed to Tra∣verse it, 8 Co. 122. & 14 H. 7. 8. and this Record (being made out of Sessions by a particular Justice) the said Justice may keep by him, or he may make it indented, and certifie the one part into the Kings Bench, or to leave it with the Clerk of the Peace, and the other part he may keep himself, Boult. 123. cap. 29.

XXIX. Dalt. 57. cap. 22. §. 4. Also he ought to Commit immediately to the next Goal all such persons as he shall find and see,* 84.5 continuing the Force at his coming to the Place, &c. For this sight and View of the Force by a Justice, being a Judge of Record, maketh his Record thereof as strong as if the offendors had confessed, and touching the restraining of traverse more effectual than if the Force had been found by a Jury, &c. and yet the words of the Statute 15 R. 2. 2. § 1. N. 3. seem more large, scil. if he find any that made such Forcible Entry, or hold with Force, he shall Commit, &c. but such Force must be in the View or presence of the Justice of Peace, or else he can neither Record it, nor Commit the Offen∣dors, Dalt. 60. cap. 22. 13 H. 7. Kell. 41. pl. Boult. 123, cap. 29. § 18. 19.

XXX. Dalt. 197. cap. 77. But note that a Forcible Entry Br. 25.* 84.6 can∣not be without an actual Entry; for the words of 8 H. 6. 9. §. N. be Who∣soever doth enter, &c. Dalt. 200, &c. Note also that if a man shall Enter with Force into House or Land, although he obteineth not, nor getteth the actual possession thereby, yet shall he be Imprisoned and Fined for the only Entring with Force, as it seemeth, Dalt. 201. &c. but Restitution is not to be made but only where there is a putting out, and a holding out of another out of his Possession, Lambert 152. 153. Poult. de Pace 39. § 22.

XXXI. Dalt. 198. cap. 77. It seemeth that to threaten to maim, beat,* 84.7 or to do other bodily harm, &c. amounteth to a Forcible Entry or de∣teiner, for that Death may ensue upon such beating or hurt 39 H. 6. 50. & 7 Ed. 4. 21.

XXXII. Lambert 2. cap. 4. pag. 151. But now forasmuch as 8 H. 6. 9.* 84.8 § 3. N. 2. hath provided restitution for the party that shall be put out of possession by such forcible Entry, and for that no restitution can be made by the Justice of Peace, but only upon the finding of the same, putting out by the Oaths of the Enquirers, let us consider the duty of the Justice, &c. Dalt. 59. cap. 22. Crompt. 166.

* 84.9XXXIII. Lambert 152. ibid. Concerning the Enquiry, Marrow noteth 1. That it is no cause to Impeach the Inquiry, though the Justice do not go to see the place where the Force is, and yet the words of 8 H. 6. 9. § 3. N. 1. are whether the persons be present, or avoided before the Justice com∣ing. 2. That albeit the Letter of 8 H. 6. 9. § 4. N. 2. is that each Juror of this Inquiry ought to have Lands or Tenements of the clear yearly value of xl. s. yet if any of the presenters have not so much Land, the Present∣ment is good for the King: but then saith he the party shall have no resti∣tution by it, if that matter be shewed at the time of the Restitution to be made; howbeit I my self do not well perceive how the Restitution that the Justice of Peace ought to make upon such a presentment can be stayed, save only by removing of the Record into B. R. or by alledging three years quiet possession. 3. That if the Sheriffs shall Retorn smaller Issues upon the Enquirers than the Statute 8 H. 6. 9. § 4. N. 3. doth appoint, yet the party shall never take advantage by it, Dalt. 209. cap. 80. 58. cap. 22. Crompt. 165. b.

* 84.10XXXIV. Lambert 153. Moreover it is not enough that the putting out be found, unless the Indictment do also contain adhuc extra tenet, without the which, it may be thought that the other hath gotten in again, a•••• then restitution shall be needless, Crompt. 163. b. & 14 H. 6. 16 For∣cible Entry, Br. 13. Crompt. 166. a. Dalt. 210. cap. 81.

* 84.11XXXV. Lambert. 154. This Restitution ought to be made to him that is put out, and to none other: so that if the Father be put out by Force and Dyeth after the time of Enquiry, and before Restitution, his Heir shall not have Restitution upon it, Dalt. 213. cap. 83. & 59. cap. 22. & 206. cap. 79.

* 84.12XXXVI. Lambert 164. The Precept to the Sheriff in nature of a Venire facias.

Kanc. ss.

G. R. unus Justiciar' Domini Regis ad Pacem in Comitatu Kanc. conservand' Assignat' Vicecom' ejusdem Comitatus salutem ex parte dicti Domini Regis tibi mando & percipio quod venire facias coram me apud J. in Com' predict' xx die Sept. proximum futurum xxiiij probos suffici∣entes & legales homines de vicineto de J. predict' quorum quilibet habet xl. s. terrarum & tenement' vel redit' per An' ad minus ultra reprisas ad inquirendum super sacramentum suum pro dicto Domino Rege de quo∣dam ingressu manu forti facto in Messuagium cujusdam A. B. apud J. pre∣dict' contra form' Statut' in Parliament' Dom' H. nuper Regis Angliae sexti Anno Regni sui octavo tent' editi ut dicit' & videas quod super quemlibet Juratorum per se in hac parte Impannelland' xx. s. de exitibus ad prefatum diem retornes & hoc nullatenus omit' sub pena xx l. q. noveris te incursum si in executione premissorum tepidus aut remissus fueris & habeas ibidem tunc hoc preceptum Teste me prefato G. R. xv. die martii Anno Regni &

Crompt. 75. Dalt. 392. cap. 129. Poult. de Pace. 36. § 7. Dalt. 209. cap. 80.

* 85.1XXXVII. Lambert. 164, 165. And upon default of appearance of these Jurors, an alias may be awarded, and after that pluries infinite till they come: but so that at the day of the second Writ xl. s. must be Retorned, at the third Writ 100 s. and at every day after the double, Crompt. 75.

* 85.2XXXVIII. Lambert 165. The Inquiry or Verdit of the Jurors.

Inquisitio pro Domino Rege Capta apud J. in Comitatu K. 29 die Julii Anno Regni &c. per sacramentum A. B. C. D. E. F. &c. coram H.P. milite

uno Justiciar' dicti Domini Regis ad pacem in dicto Comitatu conservan∣dum, necnon ad divers' felonias transgr' & alia malefacta in eodem Comi∣tatu perpetrat' Audiend' & terminand' Assignat' Qui dicunt super sacra∣mentum suum predictum quod C. D. de J. predict' Yeoman diu ligitime & pacifice seisitus fuit in Dominico suo ut defeodo de & in uno Messuagio &c. cum pertinentiis in J. predict' & possessionem ac seisinam suam predict' sic continuavit quousque A. B. de &c. & alii malefactores ignoti primo die Septembris ultimo elapso vi & Armis, viz. Baculis Gladiis &c. in Messua∣gium predict' &c. Intraverunt & adtunc & ibidem ipsum C. D. inde Disseisi∣verunt & manu forti expulerunt, & eundem C. D. sic Disseisitum & expul∣sum ab eodem messuagio &c. a predicto primo die &c. usque ad diem cap∣tionis hujus inquisitionis cum hujusmodi fortitudine & potentia armata extratenuerunt & adhuc extratenent in magnam pacis dicti Domini Regis perturbat' & contra form' Statut' in Parliament' Domini H. nuper Regis Angliae sexti Anno Regni sui octavo tento in tali casu editi & provisi ubi nullus eorum nec aliquis alius cujus Statum ipsi aut aliquis eorum habu∣erunt aut habuit aliquid in eodem messuagio &c. aut in aliqua inde par∣cella habuerunt aut habuit infra tres Annos proximos ante ingressum suum predictum neque alio tempore precedente ad notitiam Juratorum predicto∣rum, Crompt. 75. b. Dalt. 393. cap. 129. Poult. de Pace, 36. b. § 8.

XXXIX. Lambert 166, 167.* 85.3 The Warrant to the Sheriff for the making of Restitution, if the Justice himself will not make it.

Kanc. ss.

H.P. Miles, unus Justiciar' &c. assignat'

Vicecom' ejusdem Comitat' sa∣lutem.

Cum per quandam inquisitionem patriae coram me captam apud J. in Com' predict' 29. die Julii &c. supra sacramentum A. B. C. D. E. F. &c. ac per) form' Statuti de ingressibus manuforti factis in tali casu provisi com∣perrum existit quod A. B. &c. & alii &c primo die Septembr. &c. in quod∣dam messuagium &c. C. D. &c. in J. predict' vi & armis ingressi sunt ac ip∣sum C. D. inde tunc manu forti Disseisiverunt & expulerunt & predictum C. D. sic expulsum a predicto Messuagio &c. a predicto 1. die Sep∣tembr. &c. usque ad diem captionis inquisitionis predict' manu for∣ti & (cum armata) potentia extra tenuerunt prout per inquisitionem pre∣dictam plenius liquet de Recordo ideo ex parte dicti Domini Regis tibi mando & percipio quod (ad hoc debito requisitus) una cum posse Comi∣tatus tui si necesse fuerit accedas ad messuagium & cetera premissa ac ea∣dem cum pertinentiis reseisir' facias & prefatum C. D. ad & in plenam possessionem suam inde prout ipse ante ingressum predictum fuerat seisitus restitui & mitti facias juxta formam dicti Statuti & hoc nullatenus omittas periculo incumbente Teste me prefato H. P. &c.

Crompt. 75. b. 76. a. Dalt. 395. cap. 129. Poult. de Pace 36. b. § 9.

XL. Dalt. 195. cap. 129. This Warrant to the Sheriff to make Resti∣tution, shall be under the Teste of one of the Justices only, as it seemeth,* 86.1 Dyer 187. pl.

XLI. Lambert 154. b. And in some Cases saith Marrow, there may be a mutual or cross Restitution Awarded, as if it be found by one Inquiry, that I my self was Seised untill that A. Disseised me with force: and by another Inquiry, that the same A. was Seised untill by me Disseised with Force: now either of us may pray Restitution, and shall have it against the other, because it is by several Inquisitions, whereof the Justices supposed to be several, cannot take mutual understanding, and then shall he be in the worst Case, that hath the first Restitution; for the other shall have him removed by his Restitution that cometh after, Crompt. 166.

* 86.2XLII. Lambert 157. And if upon a Writ of Restitution Awarded, the Sheriff shall Retorn that he is so resisted, that he cannot bring the party into his possession, he shall be Amerced for such his Retorn (saith Marrow) because he may take the power of his County to assist him therein, Crompt. 163. b. Dalt. 212. cap. 82.

* 86.3XLVIII. Lambert 157. ibid. And it is certain that if the Presentment be sent into the Kings Bench, the party may have his Restitution Awarded out of the Court, by the Equity of this Statute, as it is holden, 7 Ed. 4. 18. & 4 H. 7. 18. Crompt. 16••. infra Dalt. 211. cap. 81.

* 86.4XLIV. Lambert 157, 158. But if it happen that the Justice of the Peace before whom the Enquiry was taken, do dye before Restitution deliver∣ed by him: It may be doubted whither his fellow Justices having the pre∣sentment brought unto them, may at their Quarter Sessions Award the Restitution, because the Statute 8 H. 6. 9. § 3. N. 2. seemeth to refer it to them only before whom the Inquiry was made. It is I know the opinion of Mr. Marrow that they may, grounding himself, as I think, upon the same equity, by which the Justices of B. R. are Enabled to do it, howbeit it may appear, Dyer 187. pl. (and forcible Entry, Br. 27.) that the Law is otherwise taken, both therein, and also in the granting of a supersedeas to stay the Restitution, because no Justices can do the one or the other, but they only that were present at the Session when the Indictment was found, except those of B. R. who for the supposed presence of the King do carry a supream Authority in these Cases of the Crown: But Marrow agreeth that neither the Justices of B. R. nor any other besides him that made Inquiry, can personally restore the party, but by way of Precept only, Dalt. 59. cap. 22. & 212. cap. 82. Crompt. 165.

* 86.5XLV. Lambert 158. This seemeth upon consideration of both the Sta∣tutes, 15 R. 2. 2. & 8 H. 6. 9. § 3. N. 2. to be plain, that such persons as the Justice of Peace doth find and see, continuing the Force at his com∣ing to the place, them he may immediately Commit to the Goal, as con∣vict of that offence, notwithstanding any their gain-saying whatsoever, Boult. 123. cap. 29. § 9. 10.

* 86.6XLVI. Lambert 158. ibid. But upon the Inquiry, I see not that the Justice of Peace hath any other power Committed unto him by 8 H. 6. 9. § 3. N. 2. then to make the Restitution only, which also it seemeth that he may make, notwithstanding this offer of Traverse; and if he will not so do, the safest way in my opinion, is to deliver or certifie the Present∣ment into B. R. and so to reserve the further proceeding therein, to their further power and Authority, Dalt. 60. cap. 22. Crompt. 164. b. Dalt. 407. cap. 133. infra.

* 86.7XLVII. Dalt. 58. cap. 22. § 6. Also the Justice of Peace notwithstand∣ing his own View of the Force may and ought in some good Town or place near where the Force was (at the cost of the party grieved) to Enquire by a sufficient Jury of the same County to be Retorned by the Sheriff, &c. Com. 86. Boult. 124. cap. 29. § 25.

* 86.8XLVIII. Dalt. 58. ibid. And here Note that any one Justice of Peace alone out of the Sessions, may make an Inquiry, being so appointed by the Statute, whereas otherwise there must be two Justices at the least to make an Enquiry, or to hold a Sessions, and one of them of the Quorum, Peace Br. 14 Dalt. 61. ibid.

* 86.9XLIX. Lambert 159. Touching the Assessement of the Fines, some do think that the same Justice hath sufficient Authority to put them to their Fines, and upon Pledges found for the payment thereof, to deliver them out of Prison again, when he by his discretion shall think it good; for as they say, he is the only appointed Judge over this Offence, and only hath the Custody of the Record, and knoweth best both

how to moderate the Imprisonment, and to rate the Fine according to the quantity of their trespass and offence, and as he is bound by his Oath and Duty in their Opinion to Estreat all Issues and Amerciaments growing to the King by his Inquiry, so ought he also to Estreat and send this into the Exchequer, &c. But granting this to be true, yet to avoid all perill of dashing against the Rock of doubt, I think it the better course to refer this over (by delivery or certificate in B. R.) Dalt. 57. 58. cap. 22. Boult. 124. cap. 29. § 21.

L. Crompt. 161. § 45.* 86.10 Two Justices of Peace Record a forcible detey∣ner of Lands and a House made against 8 H. 6. 9. and Commit the party, and before the Justice of Assize and Goal delivery, he makes a fine for the Force, ut accidit apud Staff. at the Assizes in August, 26 Eliz. and thereby it seemeth that the Justices of Peace at the General Sessions may assess the Fine as well as the Justices who recorded the Force, for the Statute 15 R. 2. 2. § 1. N. 3. doth not say expresly that the Fine shall be assessed by them which recorded the Force more than by other Justices; but it seemeth convenient that they who Record the Force or Riot should assess the Fine, as Marrow saith, Lect. 8. for they have best cognizance of the matter, &c. Boult. 125. cap. 29. § 32.

LI. Dalt. 60. cap. 22.* 86.11 Although the Justice of Peace ought to Commit to the Goal, and may Fine all such as he shall see continuing their Force at his coming to the place: yet upon force found by Inquiry only, and not viewed and seen by the Justice; although this presentment of the Jury be a Conviction of the Offendors, yet it seemeth the Justice of Peace may neither fine nor send to the Goal the said Offendors by 8 H 6. 9. §. 3. N. 1. (which appointeth the Inquiry) for the Justice hath power by the said Statute to make Restitution only, as saith Lambert 158, 159. yet Mr. Crompt. 161. § 45. holdeth the contrary, scil. That the party In∣dicted shall be Fined for the Force found, Lambert 158. supra 46. Dalt. 407. cap. 133. infra 79. Boult. 126. cap. 29. § 41.

Lambert 162. That on 14 H. 7. 28. Forcible Entry,* 86.12 Br. 10. & 22 H. 8. 6. &c. The difference (as well in Acc' sur Stat. of an Indictment pleading three years possession by 8 H. 6. 9. § 7. N. 1.) will rest in this as I think, whether that continual possession of three years do immediately follow a peacible or forcible Entry (continual) I say because Forcible Entry Br. 29. seemeth to hold that if that possession by three years, have not been continual, and without interruption, then if he reenter he cannot hold or deteyn with Force, be his right or Title never so good and lawfull, see Dyer 141, 142. for the resolution of this Question as to Indictments 31 Eliz. 11. § N. was made Crompt. 162. 165. b. Dalt. 207. cap. 79.

LIII. Crompt. 161. b.* 86.13 When a man is Indicted of a Forcible Entry upon 8 H. 6. 9. § 3. N. 2. the Statute is that the party so ousted shall be restored, as appears by the Statute, but without an Indictment he shall not have Restitution, though the Justices Record the Force, Dalt. 210. cap. 81.

LIV. Crompt. 162.* 86.14 If a man be restored upon an insufficient Indictment in the Country, upon 8 H. 6. 9. which is removed in B. R. the Court there shall restore the party who was first ousted, and so it hath been adjudged, Dyer 142. Lambert. 157. supra 43. Dalt. 210. cap. 81.

LV. Crompt. 162. ibid.* 86.15 Restitution is awarded in the Country on an Indictment taken before the Justices of Peace, and before Restitution made the Justices de B. R. before the Indictment was removed, Awarded a su∣persedeas upon the Indictment, which is before them adjudged insufficient, with a proviso, that if Restitution be Awarded before, that the Sheriff shall restore him that was ousted, notwithstanding as it was adjudged, Mich. 27 & 28 Eliz. in B. R. Crompt. 162. b. infra § 57.

* 86.16LVI. Crompt. 162. ab the Statute of 8 H. 6. 9. conteins two matters, one the Fine to the King for the Force found, the other the Restitution, and tho he against whom the Bill is preferred, shall not be heard to give Evi∣dence to Excuse himself of the forcible Entry to save the Fine due to the King for the Force, yet as to Restitution which the Plaintiff will demand, if the Force be found the Defendant shall be heard to disprove the Title of the Plaintiff, otherwise any man might be ousted without cause, and this is by Discretion.

* 86.17LVII. Crompt. 162. b. Restitution is Awarded, the party having a Cer∣tiorari out of B. R. who after the Sessions delivers it to the Sheriff, yet he shall not Surcease, for he hath not any Authority to allow it: but if it be delivered to any Justices of the Peace, he may Award a supersedeas, but if Restitution be made before the Sheriff hath the supersedeas the party shall have Restitution in B.R. on the Indictment removed there, Crompt. 162. supra 55. & 164. b. infra 60. Dalt. 214, 215. cap. 84. 21 Jac. 8.

* 86.18LVIII. Crompt. 163. The form of a Writ of Restitution granted by Justices of Assizes on a Verdit found before them in trespass on 8 H. 6. 9. § 3 N. 3. and yet the Statute speaks of an Indictment, which Writ of Re∣stitution is directed to the Justices of Peace and Coroners of the County where Restitution should be made, 1 Inst. 257. Dalt. 208. cap. 80.

Rex Coronatoribus nostris in Com' S. ac custodibus pacis nostrae, & Justiciar' nostris ad divers. fe••nias transgr' & alia Malefacta in eodem Com' audiend' & terminand' assignat' & eorumcuilibet salutem Cum per quandam Juratam patriae inter H. C. Militem, & E. S. de M. & W. P. de &c. capt' apud A. in Comitatu predicto die Jovis proxime post Festum S. Barthol' Apostoli ultimum preterit. Coram R. B. & A. F. Justiciar' nostris ad Assi∣zas in Com' predicto capiend' assignat' perform' Statut' in hujusmodi casu provisi compert' est quod predict' E. & W. die, Anno &c. in decem Messua∣gia &c. predicti H. cum pertinentiis in R. vi & armis ingressi sunt & ipsum inde vi & Armisac manu forti adtunc & ibidem expulerunt & disseisiverunt & ipsum sic expulsum & disseisitum vi & armis usque diem inquisitionis predictae extratenuerunt prout in Curia nostra coram nobis plene liquet de Recordo unde predict' H. C. nobis supplicavit sibi de remedio in hac parte provideri: & quia volumus eidem H. fieri quod est Justum in hac parte, vobis precipimus quod vos aut aliqui vestrum ad hoc debite requifit' una cum Posse Comitatus illius si necesse fuerit accedatis ac Messuagium & ce∣tera premissa ac Messuagia nementa illa cum pertinentiis reseisiri faciatis & predictum H. ad & in plenam possessionem suam inde prout ipse ante in∣gressum & Disseisinam predict' fuerat restitui & mitti faciatis juxta form' dicti Statuti de ingressionibus manu forti factis nuper editi & hoc nullate∣nus omittatis periculo incumbente Teste, &c. 20 H. 8. Rot. 22. Rast. Intr. 338.

* 86.19LIX. Crompt. 164. A Forcible Entry was found before Justices of Oyer and Terminer, and the Record was sent in B. R. where he that was ousted, prayed to be restored, and this matter was debated before all the Justices of England in the Exchequer Chamber, and by their opinions they could not by their Commission of Oyer and Terminer, ad inquirend' de omnibus transgr' & de omnibus aliis Articulis & Causis contra formam quorumcunque Sta∣tutorum fact' sive perpetrat. Inquire of Forcible Entries, which was at an∣other time granted in B. R. Hill. H. 8. by all the Court, as to this point in a like Case, 1 & 2 Hen. 8. Kell. 159. pl. otherwise it is of a Forcible Entry found before Justices of Peace, and removed in B. R. for there the Justiees may make Restitution, which see there clearly by all the Justices aforesaid.

LX. Crompt. 164. b. If a man fear he shall be Indicted upon 8 H. 6. 9. and that thereupon Restitution shall be Awarded,* 86.20 he may have a Certiorari ready, and when the Bill of Indictment is found, he may deliver this pre∣sently to the Court, and this is a supersedeas to the Restitution, because that by this Writ the Indictment shall be removed, and tho that the Indict∣ment be found after the Test of the Writ of Certiorari, it is not material for both are the Kings Courts 1 R. 3. 4. accord, &c.

LXI. Crompt. 164. b.* 86.21 Tender of a Traverse to an Indictment made on 8 H. 6. 9. is no supersedeas but only by discretion, for in strictness of Law, whatever the Title of him that is ousted by force be, its not material, be∣cause the Statute is general, that he that is so ousted shall be restored, and this well appears by the Case of a Disseisor, who shall be restored against the Disseisee ousting him with Force, Dyer 122. Lambert 158. § 46.

LXII. Crompton 165. A Question was demanded of the Justices of both Benches by the Keeper of the Great Seal,* 86.22 if complaint be made at the Quarter Sessions to three Justices of Peace sitting there, of a Forcible En∣try, and Forcible Deteyner of any Freehold by him that is Disseised, and a Bill or Presentment thereof is there found to be contra form' Statut' 8 H. 6. 9. and the said Justices thereupon grant a Writ of Restitution, Whe∣ther any other Justice of Peace who was absent from the Sessions may law∣fully grant a supersedeas in this Case or not, and as it seemeth, if the Sessi∣ons were a special Sessions for this purpose, and the Justices to whom such complaint had been made, had repaired to the Force to have a View there∣of according to the intent of the Statute, and afterwards they had inqui∣red thereof, and found it, and thereupon had granted a Restitution, no other Justice could have granted a supersedeas, for no other Justice hath Authority by the said Statute 8 H. 6. 9. to grant Restitution, but only he or they before whom the Complaint and Force had been found, and the Writ shall be made under the Teste of one of them only; except the Ju∣stices de Banco Regis, who have Supream Authority, the King himself sit∣ting there, as the Law intends, Dyer 187. Lambert 157. By this it seemeth that where the Indictment is found on the said Statute at the Quarter Ses∣sions, that two Justices of the Peace who were not at the Sessions cannot grant a supersedeas: but two of those who were at the Sessions may do it well enough, as I Collect by the opinion here: And I and another Justice of Peace granted a supersedeas of Restitution granted by other Justices of Peace who were at the same Sessions, because the Indictment was Er∣ronious, and he that should have had Restitution, demanded of his Coun∣sel if we did well, and he procured another Sessions, and no more was done upon our supersedeas, Dalt. 209. cap. 80. & 211. cap. 81.

LXIII. Crompt. 165. a. b.* 86.23 Two are Indicted of a Forcible Entry and Deteyner, and upon the Traverse its found, one entred, and another de∣teyn'd with Force, yet Restitution in this Case shall be Awarded, as in Acc. sur Stat. 19 H. 6. Entre 17. Rast. Entr. 335. & 12 Ed. 4. 1.

LXIV. Crompt. 165. b. If a man be Indicted of a Forcible Entry,* 86.24 and the party puts in a traverse presently, whereupon Execution is stayed, and they do not prosecute the Traverse, cum effectu, but suffer this to be dis∣continued, and after tender another Traverse at another time, upon Resti∣tution prayed, it seemeth that the Court may Award Execution, notwith∣standing, as in the Case of a Writ of Error, &c. 13 Ed. 4. 4 & 6 H. 7. 16. Crompt. 166.

LXV. Crompt. 165. b.* 86.25 It seemeth convenient upon a Bill on 8 H. 6. 9. preferred to shew the Evidence in full Court before the Jury, to the intent that it may appear to the Court, whether there be reasonable Cause to stay Restitution or not, if the Bill be found, Dyer 123. pl. acc.

* 86.26LXVI. Crompt. 166. He that tenders the Traverse in B. R. upon an In∣dictment of Forcible Entry, shall bear all the Charges of the Tryal, and not the King, nor he at whose Suit the Indictment is found, as it is said by the Clerks de Banco Regis, by the same reason it should be so of an In∣dictment Traverst before Justices of the Peace, Costs Br. 4. Dalt. 216. cap. 84. infra 78.

* 86.27LXVII. Crompt. 166. Three Justices sit upon an Inquisition of Forcible Entry, and one agrees that Restitution shall be made, and the others will not agree. Quaere if one may award Restitution without the other, be∣cause 8 H. 6. 9. § 3. N. 2. gives power to one Justice to Inquire of For∣cible Entries, and to make Restitution.

* 86.28LXVIII. Crompt. 69. § 12. a Bill upon 8 H. 6. 9. § N. for the King is not good, for he cannot be Deisseised nor ousted of his freehold, because of his Prerogative Br. 89. and he shall not have an Acc. sur Stat. so 4 H. 7. 1. b. see 2 H. 4. Prerog. 12. Coron. 553. & 8 H. 4. 17. Disseisor Br. 16. 64. Dalt. 201. cap. 77.

* 86.29LXIX. Crompt. 69. § 13. If the Kings termor be ousted with Force, he cannot prefer a Bill on 8 H. 6. 9. that he was ousted, and the King Dis∣seised; for the King cannot be ousted of his Freehold, but he shall have an Information of Intrusion in the Exchequer, Dalt. 201. cap. 77. Poul. de Pace 39. b. § 24.

* 86.30LXX. Crompt. 68. b. § 8. Process of Outlawry lieth in an Acc. sur Stat. of 8 H. 6. 9. for it is Quare vi & armis, as was agreed 37 H. 6. 3. and so it seemeth to be upon an Indictment on the said Statute infra, § 77.

* 86.31LXXI. Dalt. 201. cap. 77. Yet it seemeth that upon complaint made to the Justice of Peace by the Kings Termor of any such Force, the Justice of Peace may, nay ought to remove the Force, and upon his View thereof to Record it, and to commit the Offendors to Prison, and may Fine them, and after such Force removed, the Kings Termor may presently reenter, if he can in peaceable manner.

* 86.32LXXII. Dalt. 203. cap. 77. But howsoever the Law be taken for the Indictment or Restitution thereupon; yet in case that Lessee for years, Te∣nant at will▪ or a Copiholder be forcibly put out, or held out, either by a stranger, or by their Lessor, or Lord, the Justices of Peace, or any one of them, by 15 R. 2. 2. might safely remove the Force upon View thereof, and Commit the Offendors to Prison, and then the Lessee for years, or Copiholder, might presently reenter, if peaceably they could so do, and so might have his possession again without any Restitution made him by the Justices, Crompt. 71. § 45.

* 86.33LXXIII. Dalt. 203. cap. 77. But now by the Statute 21 Jac. 15. such Judges, Justices, or Justice of Peace, as by reason of any Act or Acts of Parliament now in force, are Authorized and enabled upon Enquiry to give Restitution of Possession unto Tenants of any Estate of Freehold of their Lands or Tenements, which shall be Entred upon with Force, or from them withholden by Force, shall by reason of this present Act have the like and the same Authority and ability from henceforth upon Indict∣ment of such Forcible Entries, or Forcible withholdings before them, duly sound to give like Restitution of possession unto Tenants for term of years, Tenants by Copy of Court Roll, Guardians by Knights service, Tenants by Elegit, Statute Merchant, and Staple of Lands or Tenements, by them so holden, which shall be entred upon by Force, or holden from them by Force.

LXXIV. Mich. 2 Car. 1. Latch. 182. Widow Stacyes Case,* 86.34 one was In∣dicted on 21 Jac. 15. for entring into a house in Cobham in Oxford' ad tunc existens liberum tenementum suum ad voluntatem Domini secundum con∣suetud' manerii &c. the party came into the Court, and being put out of possession upon this Indictment by one Justice of Peace, prayed Restitu∣tion, and it was granted to him by Dodridg and Whitlock, Jones absent, the reason was, because for any thing here shewed, the Widow may be Tenant by the Verge, and not by Copy, and the Statute shall not be taken by Equity, and therefore he that will have Restitution must persue the words of the Statute: but Dodridge agreed, that if one hath a Wi∣dows Estate by Custome, after the death of her Husband Copiholder, she is within the Statute, because her Estate, is immediately by Copy.

LXXV. Dalt. 206. cap. 79. And by force of this Statute and proviso,* 86.35 8 H. 6. 9. § 7. N. 1. every Heir, and every Feoffee may justifie to keep their Houses and Possessions by Force, in case that themselves, or their Ancestors, or their Feoffors, or those whose Estate they have, have been in peaceable possession thereof, by the space of three years or more, Kell. 187. pl. Lambert 1••4. supra § 35.

LXXVI. Crompt. 166. It's found that J. S. Disseised me with Force,* 86.36 and by another Enquest taken at the same Sessions, its found that I am Disseised by A. B. with Force, I may Elect upon which of these Indict∣ments I will be restored, and if I have Restitution against J.S. and this is Re∣torn'd, I shall not have Restitution upon the other: but tho I be in pos∣session as to him, if upon the Writ of Restitution it be not Retorned that I have Restitution, I shall have Restitution against A. upon the other Verdit, if A. hath reentred upon the first Restitution given to me, by Marrow Lect. 9. Quaere, for if a man Recovers in an Assize, and enters upon the Tenant, and he reenters, he that Recovers shall not have a sc. fac. to Execute the Judgment, 49 Ed. 3. 27. Dalt. 211. cap. 81.

LXXVII. Crompt. 150. b.* 86.37 Justices of Peace cannot Award a Capias utla∣gatum, but must certifie the Outlawry in B. R. as the Clreks of the same Court say, supra.

LXXVIII. Dalt. 216. cap. 84. But upon a Forcible Entry found, and a Traverse tendered, if the Justices of Peace will try the Traverse,* 86.38 it seem∣eth they ought to cause a new Jury to be Retorned by the Sheriff before them to try the same Traverse, the which may be done the next day, but not the same day, Crompt. 150, 152, 166. Kell. 159. b. pl. 2

LXXIX. Dalt. 407. cap. 133.* 86.39 But although the Justices of Peace have power, in some Cases, out of their General Sessions to take Indictments, and after such Indictment found, to Award Process ad respondendum against Offenders, and to hear and determine thereof: and the Offenders a••so have liberty to come in and to speak, and may answer for themselves, and may offer their Traverse; and that the Justices of Peace are to allow of, and to receive the same: yet Quaere whether the Justices of Peace out of their General Sessions may try such Traverse, being tendered unto them, without which Tryal all the rest may seem Idle: or that upon the Tra∣verse tendered, they must certifie or send the Inquisition or Indictment so found before them into B. R. or unto their Quarter or General Sessions of the Peace, there to be Tryed and Determined: howsoever, it is the sa∣fest after such Traverse tendered, to certifie or deliver such Inquisition or Indictment in B. R. or to their next Quarter Sessions, and so to refer the Tryal of the Traverse, and further proceedings therein to them, Lambert 158. supra Dalt. 6. cap. 22. supra.

* 86.40LXXX. Poult. de Pace 39. § 23. If there be two Joyntenants, or Tenants in Common of certain Lands, and one of them doth expell and put forth the other out of possession of the Lands by force; he that is so expelled may have an Action of Trespass of Forcible Entry against his Companion that did so expell him upon 8 H. 6. 9 § N. for the words of the Writ may be verified, Expulit & Disseisivit, and thereupon he shall have a Writ of Restitution to restore him to his former Estate 8 Ed. 4. 9. 19. 22 Ed. 4. 10. or 20. F. N. B. 249. & 10 H. 7. 27. 18 H. 6. 5. But if one Joyntenant or Tenant in Common of Lands, do expell the other by Force out of the same Lands; he that is so expelled cannot maintain a Writ of Entry upon the Statute 5 R. 2. 7. against his Companion, that so put him forth, and suppose that he did enter into the same Lands, ubi ingressus non datur perle∣gem; for that his Entry and possession in that Land is Lawfull through the whole Land in respect of his own moiety or Estate, &c. Dalt. 213, 214. cap. 83.

* 86.41LXXXI. Boult. 125. cap. 29. § 34. After it shall be found by such Inquiry, that such Forcible Entry or Deteyner is made, the Justices of Peace may break open the House by Force to resist the same, and to put the party so put out in Possessions again and so may the Sheriff do, having the Justices Warrant: but § 36. the Justice of Peace may not in any wise make Restitution without such Inquiry first had, and such Force thereby found: and if the Justice shall make Restitution without Inquiry, it seemeth to be punishable in the Star-Chamber.

* 86.42LXXXII. Crompt. 123. b. § 19. It seemeth that when the Justices shall Inquire on 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to Retorn Pannels to Inquire for the King of such things as shall be enjoyned them on the Kings behalf, without saying to Inquire of Forcible Entry, or of any Riot, because 2 H. 5. 4. § N. is that they may hold their Sessions four times a year, and more often if need be.

* 86.43LXXXIII. Crompt. 124. § 23. on 8 H. 6. 9. § N. of Forcible Entries, they must hold Sessions on complaint of the parties grieved within coveni∣ent time.

* 86.44LXXXIV. Crompt. 73. If a man keep a Prebend with Force, the En∣cumbent shall have a Writ to the Sheriff.

Forest.

Warren, Coneys, Deerhays, Buckstalls, Ferrets, Hunting, Parks, Chaces, Coursing.

* 86.45I. 19 H. 7. 11. § 1. N. 9. That the Justices of the Peace in their Sessions, shall have Authority to call before them any persons suspected, &c. (viz. that having no Park, Chace, or Forrest, keep Deerhays or Buckstalls, &c.) and by their discretion to examine them in the premises, &c. Lambert 527. Crompt. 86. b.

* 86.46II. 19 H. 7. 11. § 1. N. 11. And that those Justices that so Examined them, shall have the tenth part of the Forfeiture, &c. Lambert 617, 618.

III. Crompt. 86. b.* 86.47 Inquiry at Sessions of such who keep Dogs or Grey∣hounds to hunt, or use Ferrets, Hayes, Nets, Harepipes, Cords, or other Engines to take wild Hares or Coneys, or other pleasures of Gentlemen, who cannot dispend xl. s. per Ann. of Freehold, &c. 13 Rich. 2. 13 Lamb. 440, 441. Dalt. 76. cap. 29.

IV. Crompt. 86. b. Inquiring if any Trace and Kill Hares in the Snow,* 86.48 by any way, 24 H. 8. 10. 1 Jac. 27. Lamb. 441.

V. Lambert 440. Inquiry on 5 Eliz. 21. § 3. N. 1.* 86.49 If any person have unlawfully broken or destroyed the Head or Dam of any Pond, Mote, Stew, &c, or have wrongfully entred into any Park, or other Ground, before this Statute Inclosed, or after this Statute by likeness to be Inclo∣sed and used for keeping of Deer, and have wrongfully hunted, drove out, hurt or killed any Deer there; or if any have unlawfully taken a∣way any Hawk, or the Eggs of any Hawk, out of the Woods or Grounds of any other person, Crompt. 126. b.

VI. 144. ib. Lamb. If any person have Hawked,* 86.50 or with his Spaniel hun∣ted, in any ground not being his own, where any Corn or Grain did then Grow, or before it was Shockt without consent, 11 H. 7. 17. & 23 Eliz. 10.

VII. Lambert 563. Against him that is convicted for the unlawfull ta∣king or slaying of any Deer, or for such taking of any Hawk or Eggs con∣trary to 5 Eliz. 21. § 3. N. 1. the Justices must adjudge treeble Damages, to the party grieved, three Months Imprisonment of the body of the Offen∣der; and after that is expired, to find Sureties of his Good-Behaviour for 7 years after, or else to remain in Prison untill he shall find such Sureties during those seven years.

VIII. Lambert 118. It seemeth to me, &c. that all these Statutes, &c. (viz. 5 Eliz. 21.) have this one meaning, that a party so bound, may after∣wards Forfeit his Recognizance, if he Eftsoons offend against the said Statutes.

IX. Crompt. 155. Nor can Justices of Peace Bail him that is commit∣ted, for taking Deer, Fish, Hawks, &c. of another against 5 Eliz. 21. § 3. N. 3.

X. Crompt. 184. A man is Indicted for hunting in a Park upon 5 Eliz. 21. § 3. N. 3. and confesseth the Indictment, and thereupon is Committed for threee months, &c. according to the said Statute, and after he is in the Goal, the Under-Sheriff carryeth him to the house of the High-Sheriff, 20 miles from the Goal, and there the Sheriff kept him in Prison: It seemeth to some to be an Escape, for the Goal is the Kings Prison, and thi∣ther he shall be Awarded for causes touching the King, tamen Quaere for Marrow sect. 7. held that he may make his Goal where he pleaseth, see Plats Case Com. 36. Dalt. 340. cap. 118.

XI. Lambert. 442. Enquiry if any person have sold or bought, to sell again any Deer, Hare, Patridge or Feasant not brought up in House, 1 Jac. 27. § 4.

XII. Lambert 442. Inquiry on 3 Jac. 13. § 2. N. 1. If any person have in the night time, or by day unlawfully broke or entred into any Park Im∣paled, or other several grounds Inclosed, used for the keeping of Deer or Coneys, and unlawfully have hunted, driven, or chased out, or taken, killed or slain any Deer or Coneys there, against the will of the Owners, Occupiers, or Possessors of the same, not having Lawfull Authority so to do.

XIII. Dalt. 75. cap. 29. Upon Information given to any Justice of Peace of the County where any unlawfull hunting of Deer or Coneys by night, with painted Faces, or other disguising in any Forest Park or Warren, shall be had of any person suspected thereof, that the Justice may make a

Warrant to the Sheriff, Constable, Bayliff, or other Officer, to take the party, and to bring him before him, or before any other Justice of Peace of the same County, who may examine him of that hunting, and of the doers thereof, and if he conceal that hunting, or any offender with him therein, then the same concealment shall be Felony in such Concealer, (Quaere if they kill nothing) But if he then confess the truth of all that he shall be examined of and knoweth in that behalf, then his offence of hunt∣ing shall be but Trespass, and Finable, the Fine to be assessed at the next General Sessions of the Peace by the Justices there, 1 H. 7. 7. § N.

XIV. Dalt. 75. cap. 29. And to disobey such a Warrant, or to make Rescous thereupon, so that the Execution of the same Warrant thereby be not had, it is Felony, 1 H. 7. 7. § N.

XV. Dalt. 75, 76. cap. 29. The Justice of Peace that shall take the Ex∣amination of the Offender for unlawfull hunting in Parks, &c. may after such Examination, bind the Offender to his Good-behaviour, as it seem∣eth, to the end he may be forth coming, till the offence and residue of the offenders be fully examined; otherwise, if it shall after appear, that the offender hath concealed any thing whereby the offence becometh Felony, then the offender perhaps will not be found, 1 H. 7. 7. § N.

XVI. Dalt. 76. cap. 29. There be divers other Statutes made against Hunting, &c. which be very penal, but not to be dealt withal by the Justices of Peace, except at their General Sessions.

XVII. Lambert Precedents 11 pl. 30. An Indictment for Hunting by night in a Park, and for concealing the same, 5▪ Eliz. 21 § 3. N. 1. West. Symb. 2. part 110. e. § 126.

Kanc. ss.

Juratores pro Domino Rege supra sacramentum suum presentant quod secundo die Augusti Anno Regni &c. inter horas 10 & 11 in nocte ejus∣dem diei, A. B. de C. in dicto Com' Generosus D. E. & G. de F. in dicto Com' Husbandman aggregatis sibi nonnullis aliis malefactoribus ignotis ad numerum sex personarum vi & armis viz. perlongis Baculis Arcubalistis & Sagittis clausum & parcum dicti Domini Regis nostri apud O. in dicto Co∣mitat fregerunt & intraverunt & unum par Damarum dicti Domini Regis Anglice vocat' a Bra••e of Bu••ks in dicto parco adtunc & ibidem depascent & invent' illegitime venati sunt ac cum duabus Sagittis ex dictis Arcuba∣listis emissis & Sagittatis adtunc & ibidem occiderunt & asportaverunt con∣tra pacem dicti Domini Regis: ac quod postea die sequente, viz. tertio die dicti mensis Augusti Anno supradicto T. S. tunc Parcarius dicti Domini Regis dicti sui Parci de O. predict' in Com' predict'Informavit' apud C. pre∣dictum T. W. unum Justiciariorum pacis dicti Domini Regis in Com' pre∣dict' de illicita venatione predict' modo & forma predictis facta, Qui qui∣dem Justiciarius superinde Warrantum suum in scriptis postea, viz. dicto tertio die August. Anno supradicto direxit cuidem K. M. uni Constabula∣riorum Hundredi de S. in Com' predict' in quo quidem Hundredo Sitae sunt predictae villae de C. & F. eo tenore ut idem Constabularius arrestaret prenominatos A. B. D. E. & G. H. ac eosdem coram eodem Justiciario du∣ceret & haberet ad eos de dicta illicita venatione examinand' & quod dicti A B. de & G. H. postea scil. dicto tertio die August. Anno supradicto co∣ram dicto Justiciario apud C. predict' in Com' predict' per Constabularium predict' virtute dicti Warranti adducti ac per eundem Justiciarium per su∣am discretionem de dicta illicita venatione & de factoribus in ea parte ex∣aminati existentes predict' tamen venationem voluntarie & felonice con∣cealverunt & eorum quilibet voluntarie & felonice concelavit contra pa∣cem dicti Domini Regis Coronam & Dignitatem suas necnon contra form' cujusdam Statuti in Parliament' Domini Henrici 7. tent' Anno Regni sui primo in hujusmodi Casu provisi ac Editi, 1 H. 7. 7. §. 1. N. 3.

XVIII. Lamberts Precedents 19. pl. 52. An Indictment for Hunting Coneys on 13 Rich. 2. 13. § 1. N. 2. West. Symb. 2. part 111. b. sect, 129.

Kanc. ss.

Juratores pro Domino Rege super sacramentum presentant quod A.B. de C. in dicto Com' Laborer Homo laicus existens a Festo Sancti Bartholomei Apostoli Anno Regni &c. continuand' usque in hunc presen∣tem diem (scil. 11. die Sept. &c. Anno &c.) apud C. predict' in Com' pre∣dict' habuit & custodivit unum Canem Grecum Anglice vocat' a Greyhound ad venand' & Chaceand' Lepores & Cuniculos, & quod idem A. B. 28 die mensis August. Anno supradict' unum Cuniculum valoris 4 d. in quodam clauso J. S. de C. predict' in dicto Comitatu Generosi vocat' the Cony gorth infra Parochiam de C. predict' in dicto Com' existent' cum dicto Cane ve∣natus est, & occidit ubi idem A. B. nunquam habuit terras aut tenementa ad clarum Annuum valorem xl. s. in dicti Domini Regis contempt' ac con∣tra form' cujusdam Statut' in Parliament' Domini Richardi olim Regis Angliae secundi tento Anno Regni sui xiii in hoc casu provisi ac editi West. Symb. 2. part 147. § 298.

XIX. Crompt. 256. pl. 80. Crompt. 256. b. pl. 80. An Indictment for unlawfull Hunting in any ones Park, West. Symb. 111. § 6. 127.

Staff. ss.

Inquiratur pro Domino Rege si E. P. de C. in Com' predict' Generosus H.P. de C. &c. & R. B. de C. &c. 30 die Aug••st. Anno Regni &c. Circa horam 12. in nocte ejusdem diei, aggregatis sibi quam plurimis aliis malefactori∣bus & Pacis dicti Domini Regis perturbatoribus ignot' vi & Armis, videli∣cet Baculis ferro munit' arcubus sagittis &c. aliis armis tam invasivis q. de∣fensivis clausum & Parcum Eliz. P. viduae apud H. sancti Gregorii in Com' predict' injuste fregerunt & intraverunt & Damas ipsius Eliz. adtunc & ibi∣dem in parco predict' cubantes & depascentes cum tribus Canibus vocat' Greyhounds & uno reti vocat' a Buckstall quod in parco predicto' retinuer' injuste venati sunt & Chaceaverunt & unum Damam vocat' a Buck, adtunc & ibidem cum canibus predict' Riotose ceperunt & occiderunt & asporta∣verunt contra pacem dicti Domini Regis ad Grave Damnum ipsius Eliz. & contra form' Statuti in hujusmodi Casu editi & provisi.

XX. Crompt. 256, 257. pl. 81. alio modo West. Symb. 2. part 111. § 128 13 Rich. 2. 13. § 1. N. 2.

Staff. ss.

Inquiratur pro Domino Rege si R. M. nuper de O. in Com' predict' Yeo∣man R. P. nuper de P. &c. 19 die August. Anno Regni &c. Forestam dicti Domini Regis de M. in Com' predict' fregerunt & intraverunt & unum Damam vocat' a Buck ad valent' x s. adtunc & ibidem invent' sine licentia & voluntate dicti Domi Regis cum Cane Leporario vocat' a Grey∣hound, fugaverunt & chaceaverunt & dictum Damam apud R. infra pre∣cinct' forestae predict' cum funibus Anglice vocat' Halters suspenderunt & occiderunt & ipsum Damam sic suspens' & occisum injuste ceperunt & aspor∣taverunt contra pacem dicti Domini Regis, &c.

XXI. Kilb. Precedents 130. A Warrant to levy 20 l. for Stealing Deer, on 13 Car. 2. 10, § 1. N. 2.

Kent ss.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them.

Forasmuch as it hath been duely proved before me, that A. B. of C. in the said County, hath unlawfully coursed (killed, hunted, or taken away) one Fallow (or Red) Deer in the Forest (Chace Purlieu, Paddock, Wood, Park or other ground, where Deer are, or have been usually kept) of E. F. against the Form of the Statute in that Case made and provided; These are therefore in his Majesties Name to will and require you, and every of you, that you, some or one of you, do levy by way of Distress, upon the Goods and Chattels of the said A. B. the Sum of 20 l. by him Forfeited for the offence aforesaid: the one moiety thereof to the use of C. D. who Informeth of the said offence, and the other moiety to the use of the said E. F. owner of the Deer aforesaid, and in case of want of sufficient distress that you certifie me thereof forthwith.

Given under my Hand and Seal this Second day of May, An. 1679. Anno Regni, &c. 31.

XXII. Kilb. Precedents 131. A Warrant against a person not able to pay &c. 13 Car. 2. 10, § 1. N. 5. to the House of Correction.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them, and to the Keeper of the House of Correction for the said County at B. in the County aforesaid.

Kanc. ss.

Whereas by my Warrant, you the said Constable and Bors∣houlders were lately required to levy by way of Distress of the Goods and Chattels of A. B. of C. the Sum of 20 l. by him forfeited for an of∣fence by him lately committed against the form of the Statute made in the 13th year of his now Majesties Reign, Intituled An Act to prevent the un∣lawfull Coursing, Hunting, or Killing of Deer, and you the said Constable have Retorned unto me thereupon, that the said A. B. hath not sufficient Distress to be taken for the Moneys aforesaid: These are therefore in his Majesties Name, to will and require you the said Constable and Bors∣houlders, and every of you, that you, some or one of you, do take the said A. B. and him safely convey to the aforesaid House of Correction, and to deliver him to the aforesaid Keeper of the same, together with this Precept, requiring also you the said Keeper to receive him into the said House, and there deteyn and put him to hard Labor, for six Months, here∣of fail you not, at your Perils.

Given under my hand and Seal the 8 day of &c. Anno Regni, &c.

XXIII. Kilb. Precedents 132. A Mittimus to the Common Goal for want of Distress, &c. on 13 Car. 2. 10. § 1. N. 5.

To the Constable, &c. and to the Keeper of the Goal, &c.

Kent. ss.

Whereas, &c. ut supra, 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 and him safely convey to the Goal aforesaid, and deliver him to the afore∣said Keeper of the same, together with this Precept; Requiring also you the said Keeper, to receive him into the said Goal, and him there safely to keep for the space of one whole year without Bayl or Mainprise: And further, untill he hath given sufficient Security for his Good-Behaviour for one whole year next ensuing after his Enlargement, hereof fail not at your Perils.

Given under my Hand and Seal the 10th day of &c. An. &c.

XXIV. Kilb. Precedents 171. A Warrant to search for Setting Dogs, Guns, Greyhounds, &c. on 22 & 23 Car. 2, 25.

To the Constable, &c.

Kent ss.

By vertue of an Act of Parliament in that behalf lately made, &c. These are therefore in his Majesties Name to Authorize and com∣mand you, and every of you, in the day time, to search the Houses, out-houses, or other places of any person or persons within the said Hundred, other then of such person as hath Lands and Tenements, or some other Estate of inheritance in his own or his Wives right, of the clear yearly value of one Hundred pounds per Annum, or for term of Life, or which hath a Lease or Leases of Ninety nine years, or for any longer Term, of the clear yearly value of one hundred and fifty pounds, or which is the Son and Heir apparent of an Esq or other person of higher degree, or which are owners or Keepers of Forests, Parks, Chaces, or Warrens, being stockt with Deer or Coneys for their necessary use, in respect of the said Forests, Parks, Chaces, or Warrens, as upon good grounds shall be suspected to have or keep in his or their Custody, any Guns, Bows, Greyhounds, Set∣ting Dogs, Ferrets, Cony Dogs, or other Dogs to destroy Hares or Coneys, Hayes, Tramels, or other Nets, Lowbells, Harepipes, Snares or other Engines for the taking and killing of Coneys, Hares, Pheasants, Patridges, or other Game; and such Guns, Bows, Greyhounds, Setting Dogs, Ferrets, Coney Dogs, or other such Dogs as aforesaid, Hayes, Tramels, or other Nets▪ Lowbells, Harepipes, Snares, or other Engins aforesaid, as you or any of you shall so find, to seise, detein and keep, to and for the use of the Lord of the Mannor or Royalty, where the same shall be so fo••nd or taken, or otherwise to cut in pieces or destroy, as things by the said Act prohibited to be kept by persons of their degree, and what you shall do in the premises, you shall make known unto me, with all conve∣nient speed, hereof fail not at your Perils.

Given under my Hand and Seal at &c. the 10th day of &c.

2. This may be directed to any special person or persons, as well as to the Officers.

XXV. Pract. Precedents 162, 163. An Indictment for Hunting in a Park, and using a Net to take Deer on 13 Car. 2. cap. 10.

Hertford ss.

Juratores pro Domino Rege supra sacramentum suum pre∣sentant quod R. F. de D. in Com' H. Yeoman &c. 13 die Novembr. An. Regni, &c. Circa horam undecimam in nocte ejusdem diei aggregat' sibi quamplurimis aliis malefactoribus & pacis dicti Domini Regis perturbato∣ribus ignotis vi & armis, viz. Gladiis &c. clausum & parcum cujusdam P.L. Armigeri apud J. in Com' predict' injuste fregerunt & intraverunt & Da∣mas ipsius F. adtunc & ibidem in parco predicto cubant' & depascent' cum duobus Canibus Leporariis Angl' vocat' Greyhounds, & uno rete vocat' a Buckstall, quod in parco predicto tenuerunt injuste venati sunt & Chacea∣verunt & unam Damam adtunc & ibidem cum Canibus predictis riotose ce∣perunt & asportaverunt contra pacem dicti Domini Regis Coronam & dignitatem suas ad Grave Damnum ipsius F. & contra form' Statut' in hu∣jusmod' casu edit' & provisi.

Forestallers

see Market-overt.

Forfeitures.

I. 18 H. 6. 11. §. 1. N. 4. And if the Justice of Peace that hath not 20 l. per 〈◊〉〈◊〉 give not knowledge thereof to the Chancellor within a mouth after he hath notice of being in Commission, or if he Sit or make any War∣rant or Precept by force of such Commission, he shall incur the penalty of 20 l. and nevertheless be put out of the Commission, Lambert 28. 31. & Crompt. 122. § 37.

II. 5 Eliz. 13. § 8. N. 3. Justice of Peace Forfeits 100 l. not certifying Presentments of defaults of High-wayes, at the next General Sessions.

III. 1 Jac. 9. § N. Is 40 s. of Constable omitting his Duty.

IV. 3 Jac. 4. § 5. N. Is 20 s. of Constable not presenting Recusant, and 40 s. by Clerk of the Peace not Entring it.

V. 3 Jac. 4. § 8. N. Is 20 l. every Month of Recusancy.

VI. Lambert 2. cap. 2. pag. 111. Whether the Recognizance for the Peace be at the Suit of A. or by the meer motion of the Justices in the be∣half of A. the King cannot release or pardon it before it be Forfeited, &c. but being once Forfeited, then he and none other may pardon the For∣feiture.

VII. Lambert 127. Menacing, Affrays, Assaults, &c. be breaches of the Peace, and do draw after them the Forfeiture of a Recognizance know∣ledged for the keeping of the Peace.

VIII. But what this Process, (viz. on 5 & 6 Ed. 6. 25. §. N. against Alehouse-Keepers on Forfeit of Recognizance) shall be, I will not deter∣mine; for I do not find that in any other Case, though it appear that a man hath Forfeited his Recognizance, the Justices of Peace can Award any scire fac' or other Process, to call him in upon it, but rather to certifie the same into higher Courts, that from thence Process may issue out to call the party to answer, Lambert 56.

IX. Lambert 569. 570. I have heard that even in Cases where the Sta∣tutes do appoint a certain Forfeiture as 5 l. &c. yet the practice is to mitigate the same by discretion, if so be that the party will come in upon the Indictment, and put himself in Gratiam Regis, with or without con∣fession of the fault, &c. so that the Fine shall be small where the fault was great, and the penalty of the Law it self not small: But this manner of do∣ing in my mind is so void of sound Reason, that I cannot recommend it to the Justices of Peace, but do rather condemn it as a mockery of the Law, against which practice 17 Ed. 4. 4. § N. of Tyles, 33 H. 8. 6. § N. of Crossbows, 5 & 6 Ed. 6. 25. § N. of Alehouses are made, that Justices shall not assess less, &c.

Forgery.

Collusion.

I. Crompt. 56. b.* 95.1 The Justices of Peace cannot Inquire of Forging of Deeds, Escripts, &c. the second time, which is Felony by 5 Eliz. 14 § 7. N. 1. Inasmuch as they have not the first Record whereby he was attain∣ted of the first Forgery, nor of this first act, they cannot Inquire by 5 Eliz. 14. § 10. N. 1. Poult. de Pace 44. b. § 9. Lambert 540. Dalt. (276.) cap. 107.

II. Dalt. 51, 52. cap. 20.* 95.2 Whereas one R. Smith was Indicted at the Sessions of Peace in the County of Oxford, upon 5 Eliz. 14. § 7. N. 1. for Forging of a False Deed, it was adjudged by the whole Court in the Kings Bench, Ann. 30 Eliz. that the same Indictment was not well taken; for although the Justices of Peace by their Commissions, have power of Oyer and Terminer, to hear and determine in Felonies and Trespasses, and have in their said Commission an express clause, ad audiend' & terminand', and so are Justices of Oier & Terminer, yet it was resolved by the Court, that forasmuch as there is a Commission of Oier and Terminer known di∣stinctly by that name, and the Commission of Peace is known distinctly by another name, that the said Indictment taken before Justices of Peace at their Sessions was not well taken (by 5 Eliz. 14. § 10. N. 1.) and there∣fore it was quasht, Crompt. 120. b. § 7.

III. Lambert 4. cap. 4. pag. 436. Inquiry on 33 H. 8. 1. § 2. N. 1.* 95.3 If any person have falsely and deceitfully gotten into his possession any mony or any other things, of any other mans, by colour of false Privy tokens, or of counterfeit Letters in anothers name, Crompt. 83.

IV. Lambert 4. cap. 11. pag. 527. The users of false tokens, or counter∣feit Letters may be tryed out by the Examination of Witnesses, 33 H. 8. 1. § 2. N. 1.

V. Lambert 4. cap. 15. pag. 561. He that is orderly convicted before them in their General Sessions of the deceitfull getting of any Goods into his hands, by means of any false token, or Counterfeit Letter made in the name of any other, may be adjudged by them to suffer Imprisonment, standing on the Pillory, or any other Corporal pain that they shall apoint, except the pains of Death, 33 H. 8. 1. §. 2. N. 2. Lambert 569. Poult. de Pace 47. b. § 25.

VI. Lambert 600, & 601. Such as be suspected of using Counterfeit To∣kens or Letters may be called by Process to the next General Sessions, and must be convicted there, Crompt. 125. Dalt. 47. cap. 17.

VII. West. Symb. 2. part 108. b. § 119. An Indictment of Forging a Bar∣gain and Sale on 5 Eliz. 14. Crompt. 258. pl. 86. Pract. Preced. 160

Essex ss.

Inquiratur pro Domini Rege &c. quod cum in Statut' in Par∣liament' Dominae Eliz. nuper Reg. Angl. apud Westm. in Com' Mid' sex Anno Regni sui quinto tent' edit' &c. quod si aliqua persona sive personae quaecunque post primum diem Junii tunc proxime sequent' ex sua propria mente & imaginatione seu per falsam conspirat' & fraudem cum aliis scien∣ter subtiliter & falso fabricaret sive faceret sive subtiliter causaret, seu sci∣enter consentiret fabricari sive fieri aliquid falsum factum, Chartam seu scriptum figillat' Rotulos Curiae aut Testament' alicujus personae sive perso∣narum in scriptis ea intentione quod status liberi tenementi seu hereditatis

alicujus personae sive personarum de in aut ad aliqua terras tenement' seu he∣reditament' liberae tenurae aut customar' vel rectum titulus sive interesse ali∣cujus personae sive personarum de in vel ad eadem sive aliquid eorum mo∣lestari perturbari destrui Recuperari vel onerari poterit aut contigeret aut post predict' primum diem Junii pronuntiaret publicaret seu ostenderet in evidentiis aliquid tale falsum & fictum Factum Chartam script' Rot' Curiae aut testament' tanquam vera sciens eadem facta falsa ac ficta ut prefertur ad intentionem supramentionat' & inde foret convictus aut super aliquam ac∣tionem sive actiones fabricandi falsa facta super hoc Statut' fundand' ad sectam partis gravatae vel aliter secundum ordinem & debitum cursum le∣gum hujus Regni Angl. aut super Billam vel informat' in Curia Camerae Stellat' exhibend' juxta ordinem & usum Curiae illius solveret parti gravatae custagia & Damna sua ad duplum inveniend' seu assidend' in Curia ubihu∣jusmodi convictio foret ac etiam statueretur super collistrigium in aliqua aperta villa mercatoria aut alio loco aperto & ibidem haberet Ambas au∣res suas abscissas ac nares suas interscissat' & in partes diversas & ferro ig∣neo cauterisatas sic quod remanere possent pro perpetua nota & signo fal∣sitatis suae & foris faceret Domino Regi heredibus & successoribus suis inte∣gra exitus & proficua terrarum & tenem' suorum durante vita sua ac etiam sufferet & haberet perpetuum Imprisonament durante vita ipsius predict' Damnis & Custagiis recuperand' ad sectam partis gravatae (ut prefertur) primo solvendis & levand' de Bonis & Catallis offendentis & de exitibus & proficuis dictarum terrarum tenement' & hereditament' hujusmodi partis convict' aut unius seu utriusque eorum predicto titulo dicti Domini Regis hered' vel successorum suorum ad eand' non obstante prout in eodem Statu∣to inter alia plenius liquet.

Quidem tamen T. M. de C. in Com' E. predict' Cleric' Statutum predict' non ponderans nec poenam in eodem content' verens post predict' primum diem Junii, scil. &c. Apud T. in Com' E. predict' ex sua propria mente & fal∣sa imaginatione conspiratione & Coruna quoddam falsum factum, viz. quan∣dam indent' per quam quidem T. A. Barganizaret & venderet omnes illas terras & tenement' vocat' &c. cum pertinentiis in T. in Com' E. predict' cuidam J. S. scienter subtiliter & falso fabricavit & fecit & eand' Indentur' tunc & ibidem pronuntiavit publicavit & legi fecit & in evidentiam osten∣dit, ad molestand' distruend' & perturband' Statum possessionem titulum & interesse predict' T. B. in terris & tenement' predict' per quod idem T.B. de possessione titulo & interesse suis ad tenement' predict' cum pertinentiis multipliciter pregravat' & vexat' existit in dicti Domini Regis legisque suae contempt' manifest' & ipsius T. Damnum non modicum & Gravamen ac contra form' Statut' predict' &c.

VIII. West. Symb. 2. part 108. § 118. An Indictment of Counterfeiting Letters Patents of Protection, &c.

Middlesex ss.

Juratores pro Domino Rege supra sacramentum suum pre∣sentant quod R.D. nuper de H. in Com' E. predict' Husbandman, & alii machinantes quomodo populum Domini Regis nunc subtilissime poterint decipere vel defraudare & Dominum Regem de Hiis quae ad ipsum Regem pertinent & regalia sua ut de feodo magni sigilli & hujusmodi exhere∣dare, & veram legem Angl. a toto tempore usitat' & approbat' subvertere & adnullare 16 die Februar' Anno Regni &c. apud T. in Com' Mid'sex deceptive falso & proditorie quasdam falsas literas patentes ad similitudinem script' Cancellar' Domini Regis contra fecerunt quasi essent literae patentes de protectione ipsius Regis contrafecit quasi essent literae patentes de pro∣tectione ipsius Regis sub nomine J. K. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae predict' script' hunc tenorem continent, viz. Carolus secundus, &c. (Reciting the Letters Patents verbatim) ac cum idem

R.B. & alii &c. dictas falsas literas patent' sic ut permittitur contrafecissent non habentes magnum Sigillum Domini Regis deceptive falso & proditorie machinant' qualiter ipsi falsas & fictas Literas Patentes hujusmodi subtilius poterant sigillare & magnum sigillum Domini Regis contra facere dict' 16 die Febr. Ann. supradict' apud B. in Com' predict' quoddam magnum si∣gillum Domini Regis supra quasdam patent' ipsius Domini Regis preante pendent' & debite impositum acceperunt assumentes sibi regiam potestatem & ipsum Regem regali sua Autoritate quantum in eis fuit privand' adtunc & ibidem cum quodam cultello Arripuerunt & illis dictis falsis fictis & con∣trafact' Literis Patent' deceptive & proditorie Apposuerunt & Annexerunt, & easdem literas sigillaverunt sigillum illud subtiliter resciendendo quasi sic non fecissent & sic magnum sigillum Domini Regis adtunc & ibidem prodi∣torie contrafecerunt & cum premissa sic fecissent dictas falsas & contrafactas Literas Patent' Ac ut predict' est sigillat' 8 die Martii Anno &c. apud Villam de S. in Com' Mid'sex ac in diversis locis ejusdem Comitat' tanquam Literas Patentes ipsius Domini Regis de protect' deceptorie falso & prodi∣torie publicaverunt & diversas pecuniarum summas de diversis ligeis Do∣mini Regis receperunt virtute dictarum falsatum fictarum & contrafactarum Literarum Patent' in deception' Domini Regis ac populi sui prejudicium & exheredat' manifestum, &c.

IX. Pract. Precedents, &c. 49. An Indictment for Counterfeiting the Seal of the Arches.

Fowl.

Hawks, Fesants, Birds, Crows, Poultry.

I. Lambert 4. cap. 4. pag. 440. Inquiry at Sessions,* 97.1 if any person have taken, or caused to be taken, upon his own or other mens ground, the Eggs of any Falcon, Goshawke, Lanner or Swan, or have taken any Eyrer Falcon or Goshawke, Tarcel, Lanner, or Lanneret, or have purposely driven them out their Coverts, or have Borne any Hawk of the Breed of Eng∣land, called an Niesse, Gossehawke, Tassell, Lanner or Lanneret, 11 H. 7. 17. § 1. N. 2.

II. Lambert 441.* 97.2 If any person whatsoever have taken or killed any Pheasant or Partridge, with any manner of Net or other devise whatsoever, upon the Freehold of any other, without special License, or in the night time (except it were unwillingly) by Lowbelling or Tramelling, who also did then and there presently let them go again, &c. 11 H. 7. 17. § 1. N. 2. & 23 Eliz. 10. § 2. N. 1. Crompt. 77. a. 124. b.

III. Lambert 442. Inquiry on 1 Jac. 27. § 4. N. 1.* 97.3 If any person hath Sold, or hath Bought to Sell again any Partridge, Feasant, &c. not bred up in house.

IV. Lambert 198, 199.* 97.4 Every Justice of Peace may examine Offences against the Statute made 23 Eliz. 10. § 5. N. 1. for preservation of Phea∣sants and Partridges, &c. If the same Offences be not before Lawfully heard or determined otherwise, and may take Bond of the Offender with good Sureties for his Appearance at the next General Sessions of the Peace to answer the said Offence, and to pay the penalty, and to receive the pu∣nishment due therefore, and may also after Conviction and punishment of such Offender, &c. take like Bond of him and Sureties, that for the space of two years, he shall not Offend against the said Statute, Crompt. 195. § 8 & 196. b. § 16.

V. Lambert 441, 442. Inquiry at Sessions 1 Jac. 27. § 2. N. 1. If any person have shot at, killed or destroyed any Feasant, Patridge, House-dove or Pidgeon, Hen, Mallard, Duck, Teal, Wigeon, Gouse, Heathcock, Moregame, or any such Fowl; or have taken, killed, or destroyed any Feasant, Patridge, Housedove or Pidgeon, with Setting Dogs and Nets, or other Engine; or have taken Eggs of any Fesant, Pratridge or Swans, or willingly destroy'd the same in the Nets, &c. Crompt. 88. a. b. 89. Poph. 141, 142.

VI. Kilb. Precedents 170. A Warrant to search for Nets and Setting Dogs, on 7 Jac. 11.

To the Constable, &c.

Kent ss.

By Virtue of an Act of Parliament in that behalf made, &c. These are therefore in his Majesties Name, to Authorize and Command you, and every of you, to enter into, and search the house or houses of any person or persons within the said Hundred, other then such person or persons which have free Warren, or is Lord of a Mannor, or is such Free∣holder, which is Seised in his own Right, or in the Right of his Wife, of Lands, Tenements, or Hereditaments, to the clear yearly value of 40 l. or more by the year over and above all Charges and Reprises of some Estate of Inheritance, or of Lands, Tenements, or Hereditaments, in his own Right, or in the Right of his Wife for Term of Life or Lives, of the yearly value of threescore pounds over and above all charges and reprises, or which is worth in Goods and Chattels four Hundred pounds, suspected to have Setting Dogs or Nets for the taking of Phesants or Partridges, and that wheresoever you or any of you shall find any such Setting Dog or Nets, the same you take, carry away, and detein, kill, destroy and cut in pieces, as things prohibited by the Act aforesaid, and forfeited to such of you as shall find out and take the same as aforesaid, hereof fail not at your perils.

Given under our Hands and Seals at M. in the said County, the day of, &c. Anno, &c.

VII. West. Symb. 2. part 120. b. § 162. An Indictment for taking Pheasants and Partridge with Nets, &c. contrary to 11 H. 7. cap. 17. Pract. Precedents 67.

Essex. ss.

Juratores pro Domino Rege supra sacramentum suum presen∣tant quod W. G. de S. in dicto Com' E. Laborer, circiter horam 10 ante me∣ridiem 20 die Aug. Anno Regni, &c. In quodam loco infra Paroch. de S. predict' in Com' E. predict' vulgariter vocat' the Wheat Field qui quidem locus tunc fuit & adhuc est liberum tenement' A. B. de S. predict' in Com' E. predict' Gen' (nec unquam fuit in, aut de Warrenna ipsius W. G. pro∣pria) duos Phasianos & decem Perdices cum quibusdam reticulis & aliis Ingeniis (valoris duorum solidorum) tunc ibidem cepit occidit & asportavit, sine aliquibus Assensu Agreamento aut speciali licentia dicti A. B. in hac parte habitis aut obtentis in dicti Domini Regis nunc contemptum ac con∣tra form' cujusdem Statut' in Parliament' Domini Henrici nuper Regis Angl' septimi tent' Anno Regni sui 11 in hujusmodi casu provisi ac editi.

Fraud

see Collusion.

Franchise.

Liberties, Bayly, Sheriffs.

I. 42 Ed. 3. 9. § 1. N. 6.* 99.1 Estreats of the Green Wax shall not be doubled by the Sheriffs, but the Copy of the Estreats wherein they touch the Fran∣chises of Lords shall be delivered to the Bayliffs of the Franchises under the Seal of the Sheriff, and that the same Bayliffs shall yeild their account in the Exchequer, by the same Copies so delivered.

II. 27. H. 8. 24. § 9. N. 2.* 99.2 And that the Amerciaments for insufficient Retorns of Writs, or their Process made by Stewards or Bayliffs of Liber∣ties or Franchises having Retorns of Writs, and Execution of the same, shall be put and set upon the heads of such Stewards or Bayliffs, and not upon the Sheriffs.

III. 8 H. 6. 9. § 5. N. 1. Justices of Peace shall Inquire of,* 99.3 and determine defaults of Sheriffs and Bayliffs, on Forcible Entries.

IV. 27 H. 8. 24. § 17. N. 1.* 99.4 That no persons within the Liberties shall be hereafter in no wise compelled to appear out of the said Liberties, before any other Justice &c. then before such as shall be named and assigned to sit, and be by the Kings Highness, his Heirs and Successors, within the said Liberties, &c. Lambert 46, 47.

V. 7 Eliz. 7. § 3. N. 1. Justices, &c. to determine of Baliffs,* 99.5 &c. in Re∣torn of Jurors.

VI. Crompt. 80.* 99.6 No Justice of Peace of the County shall intermeddle in any City, Burrough, or Vill Corporate for Execution of 39 Eliz. 16. of Malting, unless he be a Justice of Peace in the same City, &c. Lambert 46, 47. Crompt. 8. a. b. Dalt. 23. cap. 6.

VII. Lambert 69.* 99.7 And forasmuch as some Cities and Corporate Towns found themselves grieved with the Law, &c. it was specially ordained by 2 & 3 Phil. & Mar. 18. § 2. N. 1. that a Commission of the Peace and Goal Delivery, made to a City, or Corporate Town, not being a Country by it self, should not be determined by the making of such another Commission afterwards to any of the Shire, Lath, Rape, or Wapentake, in which that City or Town standeth.

Fresh Suit.

Hue and Cry, Watch, Escape, Coron.

I. Lambert 2 cap. 3. pag. 134.* 99.8 If he that maketh an affray do flie into a House when the Justice of Peace or Constable cometh to Arrest him, they may also in Fresh Suit break open the doors and take him by Warrant, or if he flie thence, they may make Fresh Suit and Arrest him, tho it be in another County, by the opinion of some men, 13 Ed. 4. 9.

II. Lambert 2 cap. 7. pag. 200.* 99.9 No person shall after that he shall be Robbed bring any Action upon any the Statutes of Hue and Cry, except he shall first within 20 days next before such Action brought, be examined upon his Corporal Oath, before some one Justice of Peace of the County wherein the Robery was Committed, inhabiting within or neer the Hun∣dred where the Robery was Committed, whether he do know any of them

that did the Robery, and if upon such Examination he do confess that he knoweth any of them, then also shall he (before such Action be brought) enter into Recognizance before the same Justice effectually to prosecute such persons so known by Indictment or otherwise, according to the due course of the Laws of this Realm, 27 Eliz. 13. § 11. N. 2.

* 99.10III. 3 Ed. 1. W. 1. cap. 9. Forasmuch as the Peace of this Realm hath been evil observed heretofore for lack of quick and Fresh Suit making after Felons in due manner, and namely because of Franchises where Felons are received. 2. It is provided that all generally be ready and apparelled at Arrest of Felons when need shall be, as well within Franchise as without. 3. And they that will not so do, and thereof be attainted, shall make a grievous Fine to the King, Crompt. 1. 58. a. b.

* 99.11IV. 13 Ed. 1. & 2 Winch. cap. 1. § 1. N. 4. That Cries shall be solemn∣ly made in all Counties, Hundreds, Markets, Fairs, and all other places, where great resort of People is, so that none shall excuse himself by igno∣rance, that from henceforth every County be so well kept, that immedi∣ately upon such Roberies and Felonies Committed, Fresh Suit shall be made from Town to Town, and from Country to Country.

* 99.12V. 13 Ed. 1. & 2. Winch. cap. 2. § 1. N. 5. And after that the Felony or Robery is done, the Country shall have no longer space than forty days, within which it shall behove them to agree for the Robery, &c. 2 Inst. 569. Crompt. 93. b.

* 99.13VI. 13. Ed. 1. & 2 Winch. cap. 6. § 1. N. 14. And from henceforth let Sheriffs take good heed, and Bayliffs within their Franchises, and without be they higher or lower that have any Baliwick, or Forestry in Fee, or otherwise, that they shall follow the Cry with the Country, and after as they are bounden to keep Horses and Armor so to do, 15. And if there be any that do not, the defaults shall be presented by the Constables to the Justices Assigned, and after by them to the King, and the King will pro∣vide remdy as afore is said, 2 Ed. 3. 6.

* 99.14VII. 4 Ed. 1. & 2. pag. 29. § 1. N. 16. In like manner Hue and Cry shall be levied for all Murders, Burglaries, and for men slain, or in peril to be slain, as otherwhere it is used in England, and all shall follow the Hue and steps, as near as can be, and he that doth not, and is Convict there∣upon, shall be attached to be before the Justices of the Goal, &c. Stamf. 50.

* 99.15VIII. 18 Ed. ••. pag. 84. § 1. N. 17. The Frank pledge to Inquire of Cries levied and not pursued.

* 99.16IX. 28 Ed. 3. 11. § 1. N. 3. And Inquest if need be shall be also taken in the Towns by him which is Soveraign of the Town, and after in Hun∣dreds, Franchises, and in the County, and sometime in two, three, or four Counties, in cases when Felonies shall be done in the Marches of the Coun∣ties, so that Offenders may be Attainted, N. 7. and longer term shall not the Country have after the Robery or Felony done, then forty days, with∣in which it behoveth them to make Gree, &c.

* 99.17X. Crompt. 93. b. You shall Inquire, if immediately after Felonies and Roberies Committrd, Fresh Suit be made from Vill to Vill, and from County to County; and if the Felon be not taken within Forty days after the Felony Committed, the Hundred where the Felony is Committed, with the Franchises there, shall answer for the Robbery, &c. and Note where it is said of the Statute of Winchester 13 Ed. 1. & 2. cap. 2. § 1. N. 5. in the Ancient Books, that the Country shall have half a year, &c. the Re∣cord of the Tower is but 40 days, according to 28 Ed. 3. 11. § 1. N. 7. Crompt. 179.

* 99.18XI. Lambert 433. Inquiry in Sessions upon 3 Ed. 3. W. 1. cap. 9. & 4 Ed. 1. & 2. pag. 29. § 1. N. 16. & 13 Ed. 1. Winch. cap. 1. § 1. N. 4. If any man have raised Hue and Cry without good cause, or being raised

upon good cause, have not been ready upon the Commandment of the Sheriff, or at the Hue and Cry of the Country, to pursue and Arrest Fe∣lons, or such as have dangerously hurt any man; and if the Sheriff or any Bayliffs have not followed such Hue and Cry with Horse and Armour, Crompt. 179. § 11. Dalt. 291, 292. cap. 109.

XII. Crompt. 178. b. § 2.* 99.19 Note when Hue and Cry is levyed upon a Robery, or &c. the Officer of the Vill where the Felony was done, must send to every other Vill that is, and not go to the Vill that is next only, as it seemeth; for if the Hue and Cry should not be quite round, the Thief should seldom be taken, Dalt. 75. cap. 28.

XIII. Crompt. 178. b. § 3. Query,* 99.20 If one Neighbour may not take an∣others Horse to persue the Hue and Cry if he will not go himself, because it is for the Common profit to retake a Felon, it seemeth he may.

XIV. Crompt. 178. b. § 4.* 99.21 No Capias lyeth where a man is con∣demned for not persuing the Hue and Cry, Execution 34.

XV. Crompt. 179. If the Felon be not taken within 40 days,* 99.22 the party Robbed shall have remedy against the Inhabitans of the Hundred, with the Franchise therein, by 28 Ed. 3. 11. § 1. N. 6. Some have said that the Country shall answer only in Case of Robbery and Death of a man, and not for other Felony, therefore Quaere, &c.

XVI. Crompt. 179. a. b. Two Joynt owners of a Sum of Mony,* 99.23 who are Rob'd by Malefactors unknown, levy Hue and Cry at W. where the Robery was done, and notice there given, and the Felons not appre∣hended nor discovered, nor amends made within the six months according to the Statute 13 Ed. 1. & 2. Winch. cap. 2. § 1. N. 5. (but Note the Role of the Tower is 40 days, so Crompt. 93 contra 2. Inst. 569.) and the De∣fendants, viz. the Inhabitants infra hundredum predict' plead in Barr of the Action brought Jointly by the said parties Robbed, that immediately after the Hue and Cry made, they made Fresh Suit from the said Vill of W. to three other Vills by name, within the Hundred of Winterstoke, where W. is, unto the Vill of C. which is within the Hundred next adjacent, and there Hue and Cry was by them given to the Inhabitants of this Hundred, Judgment if the Action whereupon it was Demurred, and by the opinion of the Court without Argument, this pursuit is no Excuse according to the intent of the said Statute without apprehension or Answer of the Of∣fenders, or discovery of their names so that they may be Indicted and Outlawed, and in the said Case they may Joyn in the Action, but not if the Sums were several, and several properties, Dyer 370. pl. & 3. Inst. 117, 118. cap. 52.

XVII. Dalt. 75. cap. 28. Every Justice of Peace may cause Hue and Cry,* 99.24 Fresh Suit, and search to be made upon any Murder, Robbery, Theft, or other Felony committed, and this he may do by force of the Commission, § the first assignavimus Dalt. 291. cap. 109.

XVIII. Dalt. 75. cap. 28.* 99.25 Sir Nicholas Hide in his Charge at Cambridge Assizes in Lent 1629. delivered that Hue and Cry must be made or pursued with Horsemen and Footmen, and that not only a private search is to be made in every Town, but that they must raise the Country as they go, and all still to follow the Hue and Cry as against a Common Enemy, Com. Cromp. 179. a. b. Boult. 212. cap. 54.

XIX. Dalt. 75. cap. 28.* 99.26 Also the Officers of every Town to which Hue and Cry shall come, ought to search in all suspected Houses and pla∣ces within their limits, and as well the Officers as all other persons which shall pursue they Hue and Cry, may Attach and stay all such persons, as in their search or pursuit they shall find to be suspitious, and thereupon shall carry them before some Justice of the Peace of the County where they are taken to be Examined, where they were at the time when the

Felony was Committed, &c. 3 Inst. 118. cap. 52. Poult. de Pace 155. b. pl. 17.

* 99.27XX. Dalt. 291. cap. 109. Also it seemeth any Justice of Peace may bind persons Convict (of not following the Hue and Cry) over to appear before the Justices of Goal Delivery, and that by force of the Commission, § the first assignavimus.

* 99.28XXI. 3. Inst. 118. cap. 52. de Civitate Lond' capien' in manum Regis pro Hutesio non levato, Rot. Claus. 30 H. 3. membr. 5. mandatum est Guli∣elmo de Hamershull Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non leaverunt Hutesium & Clamorem pro morte Magistri Guidonis de Arretio & aliorum interfe∣ctorum secundum legem & consuetudinem Regni Teste Rege apud Wood∣stock 22 die August.

* 99.29XXII. 29 Car. 2. 7. § 5. N. 1. No Remedy for parties Robbed on a Sunday, yet the Hundred shall forfeit to the King for default of Fresh Suit as before, Crompt. 179. b.

* 99.30XXIII. Lambert 433, 434. Inquiry in Sessions, if the Watch in every Bourough and Town have been kept from Sun Rising to Sun Set, between Ascention day and Michaelmas day, to Arrest strangers that pass by in the night Season, 13 Ed. 1. & 2. cap. 1. of Winchester.

XXIV. Lambert 21. pl. 58. An Indictment for not keeping Watch in a Town, West. Symb. 2. pl. 134. § 219.

Kent. ss.

Juratores pro Domino Rege supra sacramentum suum present∣tant quod a decimo die Maii Anno Regni dicti Domini nostri Jacobi Dei Gratia Angliae Franciae & Hiberniae Regis Fidei Defensoris &c. usque 20 diem mensis Julii Anno supradicto Homines & Inhabitantes Villae de C. in Com' predict' nullas vigilias a solis occasu usque ad solis ortum in dicta villa de C. in Com' predict' per aliquos homines fecerunt aut custodiverunt prout de Jure & antiqua consuetudine facere debent & solebant in dicti Domini Regis nunc contemptum ac contra form' cujusd' Statut' in Parliament' Do∣mini Ed. olim Regis Angliae primi apud Winton. Anno Regni sui 13. tent' in hujusmodi casu provisi & editi, West. Symbol. 2. part 134. § 219.

XXV. Lambert Precedents 21. b. pl. 59. An Indictment for not keeping Watch at the Sea side, Pract. Precedents 86. West Symb. 2. part 134. sect. 220.

Kent ss.

Juratores pro Domino Rege supra sacramentum suum presen∣tant quod ubi Homines & Inhabitantes Hundredi de F. in Com' predict' An∣tiquitus (viz. ante Annum Regni Domini Henrici nuper Regis Angliae quarti quintum quasdam Maritimas & minutas Vigilias Anglice) vocat' Sea Watch temporr Belli per Costerum Maris in quodam loco uocat' Sandgate, in dicto Comitatu per quatuor homines singulis noctibus a tempore in cu∣jus contrarium memoria hominum tunc non existebat custodire debebant & solebant dicti tamen Hundredi de F. Homines & Inhabitantes nunc tempore nuper Belli viz. a 24 die Junii Anno Regni dicti Domini nostri Jacobi Dei Gratia Angliae &c. usque 31 diem dicti mensis Junii Anno supradicto pre∣dictas vigilias apud Sandgate predict' modo & forma predictis facere & custodire voluntarie pretermiserunt & neglexerunt ac in eisdem vigiliis tunc ibidem sicut prefertur faciendis custodiend' voluntariam fecerunt defaltam in dicti Domini Regis contemptum ac hujus Regni sui Angliae discrimen non modicum necnon contra form' Statuti in Parliement' dicti Domini Hen∣rici nuper Regis Angliae quarti tento Anno Regni sui quinto predicto in hujusmodi casu provisi ac editi West. Symb. 2. part 134. § 220.

XXVI. Crompt. 266, b. 267. pl. 104. An Indictment against Inhabitants for not answering for Robbery.

Staff. ss.

Inquiratur pro Domino Rege quod cum in Statuto in Parlia∣ment' Domini Edw. nuper Regis Angliae primi progenitoris Domini Regis nunc apud Winton Anno Regni sui 13. tent' edit' inter caetera ordinat' sit pro eo quod de die in diem Roberiae Homicidia, Incendia, & Latrocinia, plus solito tunc fiebant quam antea solebant & felones non potuissent esse attinct' per sacrament' Juratorum qui magis voluntarie permittebant felonias fieri gentibus extraneis & felones evadere absque poena quam malefactores indictari ubi major pars fuerunt gentes de eadem patria vel ad mi∣nus si Malefactores fuerunt de alia patria eorum receptores fue∣runt de visu ubi hujusmodi malefacta fiebant & hoc faciebant pro eo quod sacramenta eisdem Jurat' non ministrabantur nec in patria ubi feloniae illae fiebant, & quoad restitutionem Damnorum, poena ante nunc non fuit provis' pro Concealiament' & negligentiis suis idem nuper Rex pro posse hujusmodi felonias debilitand' & decrescend' stabilivit poenam in illo Casu ita quod exinde pro timore poenae plus q. pro pavore sacrament' nullis fe∣loniis extunc parcerent, nec aliquas felonias extunc concealarent & quod proclamatio fieret in omnibus Comitat' Hundred' mercat' feriis & omnibus aliis locis ubi multitudo▪ Gentium foret assemblat' sic quod nulli per igno∣rantiam se possint excusare & quod quaelibet patria extunc sic possint custo∣diri quod instanter post Roberiam & felonias fact' recens insecutio fieret de Villa in Villam de patria in patriam & etiam inquisitiones fierent si necesse foret in Villis per ipsum qui Dominus vel Superior esset in Villa, & postea in Hundred' & in Franchesia & in Comitat' & aliquando in duobus tribus vel quatuor Comitat' in Casu quando feloniae factae fuerunt in marchiis & confiniis Comitat' ita ut malefactores potuissent esse attincti: & si patria de corporibus hujusmodi malefact' non respondere poena talis esset quod quae∣libet patria scilicet homines in Patria Commorantes responderent de roberiis factis & Damnis sic quod totum Hundred' ubi Roberia facta fuit cum Fran∣chesiis quae essent infra precinctum ejusdem Hundred' responderet de Ro∣beriis factis: & si Roberia foret in divisis duorum Hundred' in hujusmodi ca∣su responderent inde ambo Hundred' simul cum Franchesiis quae forent in∣fra precinct' Hundred' predict' & longioris temporis spacium non haberet patria post Roberiam & felonias fact' quam Dimidium Anni (nunc 40 die∣rum) infra quod faceret emend' de Roberia vel de Malefactis vel responde∣rent de corporibus malefactorum prout in Statut' predicto plenius contine∣tur Accum quidem Malefactores ignoti tertio die Maii Anno &c. apud N. in Com' predict' quae quidem Villa est infra Hundred' de H. vi & armis, viz. Gladiis Baculis & Cultellis in quendam O.C. Insultum fecerunt & Cen∣tum libris de denariis ipsius O. ibidem invent' felonice ab eodem O. spolia∣verunt ceperunt & asportaverunt contra pacem &c. qui quidem O. imme∣diate post feloniam & spoliationem predict' factas scilicet quarto die Maii Anno &c. supradict' apud N. predict' per totam eandem Villam Hutesium & Clamorem de Roberia predicta fecit & notitiam ibidem inhabitantibus e∣jusdem Villae de Roberia illa dedit & post Roberiam illam dimidium Anni (nunc 40 dies) jam preterierint ibidem tamen Inhabitantes emend' de Ro∣beria predict' fact' O. huc usque non fecerunt nec Corpora felonum & ma∣lefactorum predict' ceperunt neque de Corporibus eorum hucus{que} respon∣derunt sed malefactores & felones illos evadere permiserunt in dicti Do∣mini Regis contempt' & ipsius O. Grave Damnum & contra form' Statut' predicti &c. 3. Brownl. 224.

XXVII. Kilb. Precedents 161, 162. The Examination of a Person Rob∣bed on the Highway, praying an Hue and Cry.

The Examination of A. B. of C. in the County of O. Gent. taken by E. F. Esq one of the Justices of Peace of the County of K. on the Se∣cond day of October Anno Domini 1679. upon his Oath.

Kent ss.

This Examinant saith, that as he was Riding on Saturday the first day of April last past, from the Town of A. in the County of B. to C. in the same County, he was assaulted in the Common Highway leading from one of the said Towns to the other, at or neer a place called K. at about a 11 of the Clock in the Forenoon of the same day, by two Foot∣men who there seised upon him this Examinant, and carrying him into a certain Wood, Robb'd him and Bound him; And this Examinant further saith, that he is since informed, that the said place and Wood are both in the Parish of A. aforesaid, and so within the Hundred of A. & D. in the said County; And this Examinant further saith and deposeth that the said Theeves did then feloniously take from him, and Rob him of 10 l. 17 s. in Mony, and one Cloth Sadle with Stirrups and Girts worth in all 10 s. and two Leather Purses, two Knives, &c. in all worth 5 s. And this Exami∣nant further saith and deposeth, that he then did not, nor yet doth know the parties that Committed the said Robery or either of them.

R. W.

2.Another.

Kent ss.

A. B. of C. in the County of O. did upon the pre∣sent tenth day of October in the 31 Year of the Reign of our Sovereign Lord Charles the Second, &c. personally come before me E. M. Esq one of his Ma∣jesties Justices of the Peace for the said County of O. Inhabiting in the Parish of St. M. C. in the County aforesaid, in the Hundred of R. in the said County; and upon his Corporal Oath then taken before me, did say that upon Fryday the 8th day of May lay past, at about the hour of seven of the Clock in the Afternoon of the same day, in the Kings Highway, at a certain place called E. F. in the Parish of C. in the aforesaid Hundred of R. in the said County of O. he was Assaulted by five men all unknown to him the said A. B. and they the said five men, did then and there Feloni∣ously take and carry away from him the said A. B. 100 l. in Moneys Num∣bred, of the Moneys of him the said A. B. and also his Goods and Chattels, that is to say, one Ring, with a deep Table Stone set in the same, one Watch in two Gold Cases, &c. to the Value of 30 l. and Robbed him the said A. B. of all and every the Moneys, Goods and Chattels aforesaid, and the said A. B. was on the day and year first above mentioned upon his Oath aforesaid, by me Examined, whether he did know the parties that Com∣mitted the said Robbery, or any of them, and he then upon his Oath did say, that he neither at the time of the said Robbery Committed, nor at any time since, did, or doth yet know the said parties that Committed the said Robbery, nor any of them; In Testimony whereof I the aforesaid Justice have hereunto set my hand and Seal, the day and year first above Written.

XXVIII. Kilb. Precedents 163. A Hue and Cry on 28 Ed. 3. 11. §. N.

R. W. Esq One of his Majesties Justices of the Peace for the said County,

To all Constables, Borshoulders, and other his Majesties Officers with∣in the said County, or elsewhere within the Realm of England, whom the Execution hereof may concern, Greeting.

Kent ss.

Whereas I have received Information and Charge against A. B. who is a person of evil Fame, who is charged before me to have assaulted

and taken from the person of C. D. at &c. 10 l. in Moneys Numbred, &c. and he the said A. B. is very much suspected to have committed se∣veral other Felonies; and notwithstanding several endeavours for the ap∣prehension of him, he hath not as yet been apprehended, but hath with∣drawn himself and is fled: These are therefore in His Majesties Name, to Command you, and every of you, to make diligent search within your se∣veral Precincts for the said A. B. and to make Hue and Cry after him from Town to Town, and from Country to Country, according to Law, and if you shall find the said A. B. that then you do carry him before some one of his Majesties Justices of the Peace within the County or place where he shall be taken, to be dealt withall according to Law; hereof fail not at your Perils.

Given under my Hand and Seal at &c. the Tenth day &c. Anno &c.

XXIX. Pract. Precedents 53. An Indictment of a Constable for not pro∣secuting the Hue and Cry on Robery and Burglary.

Essex ss.

Juratores pro Domino Rege supra Sacramentum suum presen∣tant quod quaedam personae adhuc ignotae 19 die Febr. Anno Regni &c. vi & Armis &c. domum mansionalem cujusdam A. B. apud C. in Com' predict' circa horam secundam post meridiem in nocte ejusdem diei Felonice & Burglariter fregerunt & intraverunt & unam Thecam Birretam vocat' a Cap Case &c. ad valent 40 s. &c. de Bonis & Catallis ipsius B. adtunc & ibidem invent' Felonice & Burglariter furati fuerunt ceperunt & asporta∣verunt contra Pacem dicti Domini Regis nunc Coronam & dignitatem suas predictusque A. B. immediate post Burglariam & Feloniam predict' in for∣ma predict' fact' & perpetrat' viz. 20 die Martii Anno supradicto circa ho∣ram Nonam in nocte ejusdem diei apud C. predict' levavit & levari procu∣ravit Hutesium & Clamorem ad prosequend' Felones predict' secundum formam Statuti Domini Edwardi nuper Regis Angliae primi apud Winton An. Regni sui 13 in hujusmodi casu nuper edit' provisi ratione cujus vestiga∣tionis & prosecutionis Feloniae & Burglariae Hutesii & Clamoris predict' per notitiam & monitionem adtunc dat' C. D. adtunc Constabulario de S. pre∣dict' in Com' predict' Yeoman & E. F. de eodem Laborer Hutetiam & Cla∣morem Feloniae & Burglariae predict' ulterius non prosecut' fuit secundum form' Statut' predict' & debitam legis formam' hujus Regni Angl' per quod Felones illi impuniti evaserunt & escapiaverunt contra form' Statut' pre∣dict' & contra Pacem dicti Domini Regis Coronam & dignitatem suas, &c.

Fruiterers

see Market, Trades.

Fuell

see Measures.

Fullers Earth

see Drapery.

Gally Half-pence

see Mony.

Games.

Plays, Stage-Plays, Archers, Bowling, Shooting Sports, Ʋnlawful Games.

I. 33 H. 8. 9. § 3. N. 5.* 106.1 And after Children and Servants come to the age of 17 years, every of them shall provide and have a Bow and four Ar∣rows continually for himself at his proper Costs and Charges, and use and occupy the same in shooting, &c. Lamb. 473, 474.

II. Lamb. 191, 122.* 106.2 Every Justice of Peace may as well within the Li∣berties as without, enter into any Common house or place where any play∣ing at Bowls, Coyts, Kayles, half Bowl, Tennis, Dice, Cards, Tables, or at any other Game, prohibited by any former Statute, of which sort be Foot-Ball, and Casting of the Stone by 12 Rich. 2. 10. § N. or playing at any unlawfull Game already invented, or hereafter to be invented, shall be

suspected to be used against 33 H. 8. 9. § 14. N. 1. and may Arrest as well the Keepers of such places as the Players there, and Imprison them un∣till those Keepers find Sureties to the Kings use, to be bound by a Recog∣nizance or otherwise, no longer to occupy any such play or place, and that the persons found there playing be in like sort bound by themselves, or with Sureties at the Discretion of the taker, no more to play or haunt at, or to any the said places, or at any of the said Games. And every Justice of Peace finding or knowing any person not excepted by this Statute, to use any unlawfull Game contrary to this Act, may Commit him to Ward, there to remain without Bayl or Mainprise, untill he become bound by Obliga∣tion to the Kings use, in a Sum to be thought reasonable to that Justice, that he shall not from thenceforth use such unlawfull Games, Lambert 345. Crompt. 131. 196. § 4 & 79. a Kitch. 48. Dalt. 63. cap. 23.

* 106.3III. Lambert 174, & 175. If any Artificer of any occupation, or any Hus∣bandman, Apprentice, Laborer, Servant at Husbandry, Journyman, or any servant of Artificer, or any Mariner, Fisherman, Waterman, or Ser∣vingman, other then of a Nobleman, or of him that may dispend 200 l. by the year, playing within the precinct of his Masters House, have plaid out of the Christmas at any of the said unlawfull Games, or in the Christmas out of the house or presence of their Master, shall be Inquired in Sessions, 33 H. 8. 9. § N. & 12 R. 2. 7. 10. Crompt. 79. Dalt. 63. cap. 23.

* 106.4IV. Lambert 476. the Act 33 H. 8. 9. § 20. N. 1. For Archery must be proclaimed at the several Sessions of the Peace, Crompt. 123. b. § 14.

* 106.5V. Crompt. 78. b. Inquiry at Sessions on 33 H. 8. 9. § 3. N. if every one of the age of 7 years, and within LX having no Impediment (except spi∣ritual men, the Justices of the one Bench or of the other, and Barons of the Exchequer) use Shooting in Long Bows, and have a Bow and Arrows ready.

Item 2. Whither the Fathers and Governors educate their Children in Shooting and have in their houses for every one of the age of 7 years, un∣till he come to 17. a Bow and two Arrows, and they may provide and abate the Mony out of their Wages, otherwise he shall forfeit 6 s. 8 d. for every Month that they fail, 33 H. 8. 9. § 3. N.

Item 3. If every man above the age of 17 years, and within 60 years, ha∣ving no Impediment, nor being a spiritual man, &c. hath a Bow and four Arrows, and occupieth it, he that fails shall Forfeit 6 s. 8 d. for every Month, 33 H. 8. 9. § 3. N. 5.

Item 4. If any under 24 years of age shoot at Pricks, he shall Forfeit 4 d for every Shoot.

5. None under 17 years if his Father or Mother hath not 10 l. in Land, or that his Goods amount to the value of 40 Marks, shall shoot in any Bows of Yew bought for him, on Forfeit of 6 s. 8 d.

* 106.6VI. Crompt. 79. Item 6. If Butts be made and continued in every place by the Inhabitants, the Forfeit is 20 s. for every month fayling, and the inha∣bitants must exercise Shooting on Festival days, ••. 474. by 33 H. 8. 9. § 4. N. 4.

Item 7. You shall Inquire if any for Lucre keep any place of Bowling, Tennis, Dicing, or other unlawfull Games, he shall Forfeit 40 s. for every day, and every person haunting this, shall forfeit for every time 6 s. 8 d.

* 106.7VII. Crompt. 79. If any Bowl in any open place out of his Garden or Orchard, he shall forfeit 6 s. 8 d. for every time.

VIII. Crompt. 79. At the Assizes at Stafford, Lent 29 Eliz. before Man∣wood Cheif Baron, and Windham Justices of Assize there, divers that were taken by L. one of the Justices of the Peace there, were Indicted thereof, and he that kept the house where they played also, and he that kept the house was fined to 5 l. and every one that plaid 20 s. and because they were present in Court, they were Committed to Prison till they paid their Fines, and there were above 20 of them that plaid in the said house at one time, Dalt. 64. cap. 23.

IX. Crompt. 131.* 106.8 Justices of Peace and head Officers who find or know any person using unlawfull Games against 33 H. 8. 9. § 14. N. 1. may Com∣mit such Offenders to Prison without Bayl or Mainprise, until they be bound by obligation to the use of the King, that they will not use such unlawful Games, and so see a Conviction by view of the Justices, as to Imprisonment, &c. as it seemeth, Quaere Crompt. 154. b. 155. a. & 172. ab. 175. b. § 21. 197. b. § 27.

X. Crompt. 192. b. All Informations, Plaints, Actions and Suits,* 106.9 against such as keep Common Houses of unlawfull Games, and against such as play therein against 33 H. 8. 9. § 17. N. 2. shall be Commenced within the year af∣ter the Offence Committed, otherwise no advantage or Suit thereof shall be taken, as appears by the said Statute.

* 106.10XI. Dalt. 64. cap. 23. But Inquire what Games shall be said to be un∣lawfull, &c. Quaere of Dancing of the Morrice, or other open Dancings, Bear-baytings, Common Playes and Fencings, all these seem to be prohibi∣ted by 39 Eliz. 4. §. N.

* 106.11XII. 1 Car. 1. cap. 1. § 1. N. 5. And that any one Justice of the Peace of the County, or the cheif Officer, &c. of any City▪ &c. wherere such Offence (viz. Bear-bayting, Bull-bayting, Interludes, Common Playes, and other unlawfull Pastimes on the Lords day) shall be Committed upon his or their View or Confession of the party, or proof of any one or more Witness by Oath, which the said Justice &c. shall administer, shall find any person offending in the premises, the said Justice &c. shall give War∣rant under his or their hand and Seal to the Constables and Churchwar∣dens of the Parish, &c. where such offence shall be Committed, to levy the said Penalty (viz. 6 s. 4 d.) &c. by Distress and Sale, &c. Dalt. 63. cap. 23.

* 106.12XIII. Lambert 95. Every person finding or seeing any to offend 39 H. 8. 6. § 16. N. 1. against the Shooting in Cross-bows and Hand-guns, may Ar∣rest and bring or convey him to the next Justice of Peace of the County where he was found offending, who upon due Examination and Proof thereof before him made, may by his discretion Commit him to the Goal, there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King, and the other Moiety to the first bringer or con∣veyer, Dalt. 64. cap. 24.

In this Case, and such other, the Justice of Peace having as it seemeth, the whole matter committed to himself alone, ought to be wary and circumspect &c. and upon the offence sufficiently proved, it is necessary that in his Mittimus or Precept to the Goaler, there be conteyned the names of the parties, with the manner of the offence, and how long he is to be kept in Prison for it.

* 106.13XIV. Lambert 472. If any person have Shot in, used, or kept any Hand∣gun, but such as is in Stock and Gun one yard long; or any Hagbut, or Demihake, not being three quarters of a yard long, 33 H. 8. 6. Lamb. 295.

XV. 471, 472. (Inquiry at Sessions) If any not having 100 l. per Annum have carryed in his Journey any Cross-bow bent, or Gun charged, unless it be to the Musters, 33 H. 8. 6. Crompt. 88.

* 106.14XVI. Lambert 472, 473. Inquiry, if any person have Shot at large, other then at a Butt or Bank of Earth, in place convenient, at any thing, with any Gun, in any City, Bourough, or Market Town, or within a quarter of a Mile of any of them, or have commanded his Servant to Shoot in Cross-Bow or Gun at any thing, other then a Butt or Banck of Earth; or if any person not having 100 l. per An. or not dwelling within five Miles of the Sea Coast, or not dwelling in a House two Furlongs distant from any City, Bourough or Town, do keep or have in his house, any Cross-bow, 33 H. 8. 6. § 6. N. 1. Lambert 295.

* 106.15XVII. Lambert 473. Inquiry if any having 100 l. per An. having Seised any Cross-bow or Gun by virtue of this Act, have not broken the same in pieces within 20 dayes next after such Seisure, 33 H. 8. 6. § 2. N. 2.

* 106.16XVIII. Crompt. 89. b. Inquire if any who is no Lord of Parliament, Shoot in any Hand-gun within a City or Town, at any Fowl, or other Marks, upon any Church, House, or Dovecote, or shoot more Bullets then one at a time, or Hail-shot, shall lose 10 l, and shall be Imprisoned three years, 2 & 3 Ed. 6. 14. § 1. N. 3.

* 106.17XIX. Lambert 190. b. 191. Justices of Peace also by another Enquest, may Inquire of the Concealment of such an Enquest as is Sworn before them, to Inquire of Offences done against 33 H. 8. 6. § 20. N. 1. concern∣ing shooting in Guns and Cross-bows, and the Fine of every such Juror that is Convict of such Offence is 20 s.

* 106.18XX. Lambert 620. The Justice of Peace that faileth to Record at the next Quarter Sessions, the name of any person Authorized to shoot in a Gun, that hath presented his Name unto him, shall lose 20 s. if 2 & 3 Ed. 6. 14. § 2. N. 3. do so far extend, whereof the words give cause of doubt.

* 106.19XXI. 1 H. 7. 2. § 1. N. 11. Furthermore it is Ordained and Enacted, &c. that none Apprentice, ne Servant of Husbandry, Laborer, ne Servant Artificer, Play at the Tables from the tenth day of January next coming, but only for Meat and Drink, ne at the Tenis, Claysh, Dice, Cards, Bowls, nor any other unlawfull Game in no wise, out of Christmas, and in Christmas to play only in the dwelling house of his Master, or where the Master of any of the said Servants is present, upon pain of Imprisonment, by the space of a day in the Stocks openly.

* 106.20XXII. 11 H. 7. 2. § 1. N. 12. And that the Householder where Dicing, Carding, Tennis playing, Bowls, Claysh, or any other unlawfull Game afore rehersed, shall be used otherwise then is afore rehersed, and that lawfully be presented before the Justices of Peace, the Mayor or Sheriff in his Tourn, or Steward in his Leet, or by Examination had before the said Justices of Peace, that Process be made upon the same, as upon Indictment of Trespass against the Kings Peace, and that the said misdoers be admit∣mitted to no Fine under the Sum of 6 s. 8 d.

XXIII. Lamberts Precedents 18. b. pl. 51. An Indictment for keeping unlawfull Play, and Playing thereat, West. Symb. 2. pt. 109. b. § 121. against 33 H. 8. 9. § 11. N. 1. Pract. Preced. 163. 159.

Kent ss.

Juratores pro Domino Rege supra sacramentum suum present∣tant quod A. R. de C. in dicto Comitatu Tyler, secundo die Junii Anno Regni, &c. & continue post dictum diem Anno supradict' usque primum diem Mensis Julii Anno supradict' apud C. predict' in Comitat' predict' quendam Communem locum Jacendi Globos Anglice a Common Bowling Alley, pro lucro ipsius A. B. proprio & ad Ludendum tunc ibidem cum Globis Anglice vocat' (Bowles) illicite tenuit & custodivit ac manutenuit contra form' cujusdam Statuti in Parliament' Domini Henrici nuper Regis Angliae 8. Anno Regni sui 33 in hujusmodi casu provisi ac Editi: Et quod J. S. de C. predict' in dicto Comitatu Laborer & tres aliae personae ignotae dicto secundo die Junii Anno supradict' dictum communem locum usitave∣runt ac tunc ibidem cum Globis Anglice vocat' Bowls insimul & illicite luse∣runt contra formam Statuti predicti.

XXIV. Dalt. 80. cap. 31. A man cannot be restrained to use the Trade of making Dice, Cards, Bowles, or the like, except it be by Parliament, &c. 11 Co. 86.

Gawgers

see Measures.

Glass men

see Trades.

Goals

see Imprisonment.

Goldsmiths

see Mettle.

Good Behaviour.

Peace, Behaviour, Abearing, Affray, Sureties, Warrants, Recognizance, Contempts.

I. Lambert 2. cap. 2. pag. 116. That in 2 H. 7. 2.* 107.1 the Surety of the good Abearing is set forth to rest in this point chiefly, that a man demean him∣himself well in his Port and Company, doing nothing that may be cause of the breach of the Peace, or of putting the People in fear or trouble, and that it doth not consist in the observation of things that concern not the Peace: And that it should differ from Surety of the Peace in this, that where the Peace is not broken without an Affray or Battery, or such like, this Surety de bono Gestu may be broken by the number of a mans Compa∣ny, or by his or their Weapons or Harness, Dalt. 187. infra § 12.

* 107.2II. Lambert 116. ibid. Herewithall also do certain Precedents of the Kings Bench agree, which in Surety of the Good Abearing taken at the Suit of some one person, do mingle the words a modo se bene Geret erga Do∣minum Regem & cunctum populum suum & precipue erga T. B. with those o∣ther words that are commonly put in the Recognizance for the Peace, as in Rast. Entr. 415, 416. Tit. Peace. any man may see.

III. Lambert 117. But all this notwithstanding,* 107.3 methinks that a man may reasonably affirm, that the Surety of Good Abearing should not be restrained to so narrow Bounds; for first the Statute 34 Ed. 3. 1. § 1. N. 6. Enableth the Wardens of the Peace to take of all them that be not of Good Fame, where they shall be found, sufficient Surety and Mainprise of their Good Abearing towards the King and his People, so that if a man be de∣famed, he may by vertue hereof be bound to his Good Behaviour at the discretion of the Wardens and Justices of the Peace: And I once received a special Writ out of the Chancery, directed Custodibus Pacis & Vicecom' & eorum cuilibet, and grounded upon the same Statute for the Binding of a man with Surety, quod ipse boni Gestus & Famae de caetero erit & quod ni∣hil in contrarium Statuti predicti quovismodo attemptabit, &c. wherein I proceeded as a Minister only, Dalt. 188. cap. 74.

IV. Lambert 117. But the doubt resteth in this,* 107.4 to understand concer∣ning what matters this Defamation must be: and that as I think may be partly gathered out of the said Statute also; for after it hath 34 Ed. 3. 1. § 1. N. ••.3. given power to the Wardens of the Peace to Arrest and Cha∣stice Offenders, viz. against the Peace, Rioters and Barretors, then it wil∣leth them 34 Ed. 3. 1. § 1. N. 4. To Inquire of such as having been Rob∣bers beyond the Sea, were come over hither, and would not labour as they were wont; and lastly it Authorizeth them 34 Ed. 3. 1. § 1. N. 6. to take Surety of the Good Behaviour of such as be defamed namely, as I think for any of those former offences, for so it standeth well together, that they shall both punish such as have already so offended, and shall also provide that others shall not likewise offend; and even so do they of the Chancery understand it, as by their special Supersedeas which I afterwards received from them upon that Writ, &c. I did well perceive.

* 107.5V. Crompt. ibid. 135. b. 136. a. He that is not of Good Fame or Name, nor of honest Conversation, but of male Disposition, Barretors, and per∣turbers of the Peace that are like to do Murder, Homicide, Strifes, Discords, and other Grievances to the Kings Liege people in their Bodies by reason of the Premisses, shall be bound to their Good Behaviour, as appears by Writ out of the Kings Bench, which followeth,

Jacob. Dei Gratia, &c.

Vicecom' S. Salutem

quia datum est nobis intelligi & informari per relationem & testimonium multorum fide dignorum Com' tui quod A.B. de W. in Com' predict' Armiger & J.C. de eodem Yeoman non sunt bonorum nominis & famae nec conversationis honestae sed malae dispo∣sitionis Barratores & Pacis nostrae perturbatores ita quod veresimiles sunt facere Murdrum Homicidium Lites Discordias & alia Gravamina & Damna inter ligeos nostros de corporibus suis pretextu premissorum indies oriri: Ideo tibi precipimussicut pluries tibi precipimus quod non omittas propter aliquam libertatem in Balliva tua quin attachias prefatos A. B. & J. C. ita quod eos habeas coram nobis a die Paschae in 15 dies ubicunque tunc fueri∣mus in Angliae ad inveniendum tunc coram nobis sufficientem securitatem de se bene Gerendo erga nos & cunctum populum nostrum juxta form' Stat' inde editi & provisi sub certa pena eis per nos tunc imponend' & cum prefatos A. & J. seu eorum alterum virtute hujus brevis sic attachiat' tunc eos per sufficientes manucaptores qui eos seu eorum alterum manucap••re voluerit sub certa pena eis & eorum cuilibet per te rationabiliter impo∣nend' tam pro die sua conservand' quod pro seipsis medio tempore b••ne gerend' in Ballium usque ad prefatum Terminum dimittatis & pro offici∣orum in hac parte faciend' duos solidos & quatuor denarios de utroque prefatorum A. B. & J. C. solummodo capias & hoc nullatenus omittatis pe∣riculo incumbent' & habeas ibi hoc breve

E. J. Popham

apud Westmin. 12 die April. 2 Eliz.

see Mich. 17 & 18 Eliz.

This Writ is founded upon 34 Ed. 3. 1. that speaks that Riotors, Barra∣tors, Misfeasors, and those that are not of good Fame, shall be bound to the Good Behaviour.

* 108.1VI. Lambert 118. Moreover it seemeth to me that all these Statutes, 1 Mar. 1. & 2. cap. 3. § 6. N. 2. against disturbing Preachers, & 5 Eliz. 21. § 2. N. 6. against takers of Fish, Deer, or Hawks, & Crompt. 135. on 23 Eliz. 1. § 5. N. 2. against not coming to Church, & 39 Eliz. 4. § 5. N. 2. against hinderers of Execution, against Rogues, & 3 Jac. 13. § 2. N. 3. against unlawfull Hunting: That all these Statutes have this one meaning, that a party so bound may afterwards Forfeit his Recognizance if he eft∣soons offend against the said Statutes.

* 108.2VII. Lambert 118, 119. Besides this 13 H. 7. 10. its admitted by the Opinion of the Court, that if a man in the night season haunt a house that is suspitious for Bawdry, or use suspitious Company, then may the Con∣stable Arrest him to find Surety of his Good Abearing, Crompt. 135. b. Dalt. 189.

* 108.3VIII. Lambert 119. ibid. And therefore it shall not be amiss at this day, in my slender Opinion, to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child, to the end that he may be forth-coming when it shall be Born, &c. And if this Medicine might lawfully be applied to Shoomakers, Taylors, Weavers, and other light persons, that without Testimonial or other good Warrant, do flit out of one Shire into another; not only that evil of Bastardy, but many other mis∣chiefs might be either prevented or punished thereby, Dalt. 191.

* 108.4IX. Lambert 119, 120. But for some advice by the way in conceiving rightly this suspition, mark what Bracton Writeth:

Suspition ariseth from Fame, and from Fame and Suspition arise violent presumption: But that Fame which induceth Suspition ought to arise

among the Good and Grave, and yet not once, but often: Suspition also ariseth upon a Precedent compact to which we must stand till the contrary be proved.

X. Lambert 120.* 108.5 Now the further that this Bond of the Good Abear∣ing doth extend, the more regard there ought to be taken in the Award∣ing of it, and therefore although the Justices of Peace may have power to grant it either by their own discretion, or on the complaint of others, even as they may that of the Peace; yet I wish rather that they do not command it, but only upon sufficient cause seen to themselves, or upon the Suit and complaint of divers, and the same very honest and Credible persons, Dalt. 330, 331. cap. 117. & 188. cap. 74.

XI. Crompt. 135. b.* 108.6 One Justice of Peace may bind a man to the Good Behaviour who is a Common Barretor, &c. 13 H. 7. Kell. 41. pl. see the words of the Commission, § & Lambert 120, 121. 9 Ed. 4. 3. Dalt. 187, 188. Crompt. 138. infra.

XII. Dalt. 187. cap. 74. The Peace is not broken without an Affray,* 108.7 (Lambert 116.) Battery, Assault, Imprisoning, or extremity of Menacing whereas the Good Abearing may be broken, and Recognizance Forfeit, without any of these, as namely 1. By the extraordinary number of people attending upon the party bound. 2. By wearing of Harness, or other Weapons more then usual. 3. By using words or threatnings tending or inciting to the breach of the Peace. 4. By doing any thing tending to the breach of the Peace, or to put the people in dread or fear, tho there be no actual breach of the Peace; yet Note these four, &c. are also cau∣ses to bind a man to the Peace, yea they are breaches of the Peace, &c.

XIII. Dalt. 187.* 108.8 This Surety of the Good Behaviour is to be granted at the Suit of divers, and those being men of Credit, and to provide for the safety of many, whereas the Surety of the Peace is usually granted at the request of one, and for the preservation of the Peace chiefly towards one.

XIV. Dalt. 187. ibid.* 108.9 Also this Surety of the Good Abearing is most commonly granted, either in open Sessions of the Peace, or out of the Sessions by two or three Justices of the Peace, whereas that of the Peace is usually granted by one Justice of Peace, and out of Sessions, Dalt. 366. infra.

XV. Dalt. 187, 188. And yet by the words of the Commission, as also by the Common opinion of the Learned, Lambert 120, 121. Crompt. 135. b. & 14 H. 7. 8. supra Any one Justice of Peace alone, and out of the Sessions may grant this Surety of the Good Abearing, and that either by their own discretion, or upon the complaint of others, as they may that of the Peace: But this is not usual, unless it be to prevent some great and sudden danger (especially against a man that is of any good Estate, carriage or report) Crompt. 138. infra.

XVI. Dalt. 189. cap. 75. I lately granted the Good Behaviour against one, for that he had bought Ratisbane, and mingled the same with Corn,* 108.10 and then wilfully and malitiously did cast the same among his Neighbours Fowls, whereby most of his Fowls dyed, and it was holden to be a Good cause to bind the Offender over by the whole Bench, and since I have known it allowed as a Good Cause by the Judges of Assize.

XVII. Dalt. 189. The Justice of Peace also upon his own discretion,* 108.11 and without complaint may bind to the Good Behaviour, any other per∣son which in his presence or hearing, shall misbehave himself in some out∣ragious manner of Force or Fraud, and may Commit such person to the Goal if he refuse to be bound.

* 108.12XVIII. Dalt. 189. It is also grantable against such as be of Evil Name and Fame generally, but more specially against such as are Defamed or Detected in any of these particulars, 1. For resorting to houses suspected to maintain Adultery or Incontinency. 2. The Maintainers of suspected Bawdy houses. 3. Common Whores or Whoremongers. 4. Night Walkers that be suspected to be Pilferers, or otherwise like to disturb the Peace, or that be persons of Evil Behaviour, or that shall keep Company with such, Evesdroppers, Cutters of Gates, Carts, Pens, &c. 5. Persons suspected who live Idly, and yet fare well, or are well aparelled, having nothing whereon to Live, except on Examination they give a good ac∣count, Dalt. 354, And 6. Common Haunters of Alehouses, Taverns, and Common Gamesters, but more especially, if they have not whereon to Live. 7. Common Drunkards twice Convicted by 7 Jac. 5. 21. Jac. 7. § N. 8. Such as use to go on Messages for Theeves.

* 108.13XIX. Crompt. 140. § 21. One who had ill Women in his House in Lon∣don, was Committed untill he were bound to Good Behaviour, and this was so odered at the Sessions at Newgate 28 Eliz. by Wray and Anderson Chief Justices, and Manwood Chief Baron, Dalt. 189. cap. 75.

XX. Dalt. 190. cap. 75.* 108.14 Also the Good Behaviour seemeth grantable against such as shall make false Outcryes, or shall raise Hue and Cry with∣out Cause, for these are disturbers of the Peace, Crompt. 179. If one man doth levy Hue and Cry upon another without Cause, either of them may be Attached and Bound over as Disturbers of the Peace, 29 Ed. 3. Trespass 252. tamen Quaere Concerning him upon whom the Hue and Cry is levied, except he be either a man of evil Fame, or that there be some Felony Com∣mitted.

* 108.15XXI. Dalt. 190. Also it seemeth grantable against Cheaters and Cose∣ners.

* 108.16XXII. Dalt. 190. ibid. Libellers it seemeth also my be bound to their Good Behaviour as Disturbers of the Peace, whether they be the Contri∣vers, the Procurers, or the Publishers of the Libell, &c. by Writings, Words or Pictures, &c. 5 Co. 125. and no matter whither true or false.

* 108.17XXIII. Dalt. 191. The Sheriffs Bayliff upon a Warrant from the Sheriff to make Execution of the Goods of A. went into the house of A. finding the door open, and A. shut the doors upon the Bayliff, and so deteyned him as a Prisoner in his House, and Sir Robert Houghton one of the Judges of the Kings Bench thought it a good cause to grant out Process de bene Gerendo against A. for thus abusing an Officer of the Law, Anno 17 Jac.

* 108.18XXIV. Dalt. 191. It seemeth that he which shall use words of contempt or contra bonos mores against a Justice of Peace, tho it be not at such a time as he is Executing his Office, yet he shall be bound to his Good Be∣haviour.

* 108.19XXV. Dalt. 192. Disturbers of Preachers by the Statute, 1 Mar. 1. & 2 cap. 3. § 6. N. 2. And destroyers of Fish by 5 Eliz. 21. § 2. N. 6. and shall be bound to the Good Behaviour at the Sessions.

* 108.20XXVI. Dalt. 192. § 5. Popish Recusants absenting from Church, shall be bound in B. R. by 23 Eliz. 1. § 5. N. 2.

* 108.21XXVII. Crompt. 135. He that is Attaint for Felony, and hath a pardon shall find Surety for the Good Behaviour with six Mainpernors during his Life, by 10 Ed. 3. 3. § N. Dalt. 192. § 6.

* 108.22XXVIII. Crompt. 135. He that is acquit of Felony, shall be bound to the Good Behaviour, if he be of ill Fame or ill Gesture, Rast. Entr. 361. Dalt. 192. § 6. Poult. de Pace, 118.

XXIX. Dalt. 193. To be Drunken is a Breach of the Good Behaviour,* 108.23 as Sir Nicholas Hide did deliver it in his Charge at Cambridge, Lent Assizes An. 3. Car. 1.

XXX. Dalt. 193. cap. 75. Whether the Surety of the Good Behaviour taken upon complaint, may be released by any special person,* 108.24 some do doubt it, because it seemeth more popular then the Surety of the Peace, yet others do hold that it may be released either by the Justice of Peace himself that took it in discretion, or by the party upon whose complaint it was granted, even as that for the Peace may, Dalt. 176. cap. 71. & 391. cap. 128. Lambert 123.

XXXI. Dalt. 193. ibid.* 108.25 It seemeth also a Supersedeas of the Good Beha∣viour my be granted by the Justices of Peace (as well as for the Peace mu∣tatis mutandis) upon Good Sureties, &c. Crompt. 237. Dalt. 365. cap. 122. & 390.

XXXII. Cr. 146.* 108.26 If a man be Bound to the Good Behaviour before Justices of the Peace, and to appear at the Assizes next, &c. the party Bound may remove the Recognizance into the Chancery before the day, and then he shall not be bound to appear at the Assizes, for they have no Record whereon he can be demanded there, and such a Certiorari was obtained de Banco Regis, Hill. 24 Eliz. to the Justices of Peace in Com' Staff. to certifie such Recognizance of the Good Behaviour taken of one Ashen∣hurst, Dalt. 193. cap. 75. & 366. cap. 122. 18 Ed. 4. 17. & Condition. Br. 162.

XXXIII. Lambert 2. cap. 2. pag. 121.* 108.27 The Precept of the Good Abear∣ing.

Kent ss.

B. A. & E. S. Two of the Justices of the Peace of our Sove∣raign Lord the Kings Majesty in the County of Kent, to the Sheriff of the said County, To the Constables of the Hundred of B. and to the Borshol∣ders of the Town of E. in the said Hundred, and to every of them Greet∣ing: Forasmuch as A. B. of E. aforesaid, is not of Good Fame, nor of ho∣nest Conversation, but an Evil doer, Rioter, Barretor, and perturber of the Peace of our said Soveraign Lord, as we are given to understand by the complaint of sundry Credible persons, therefore on the behalf of our said Soveraign Lord, We Command you and every of you, that you cause the said A. B. to come before us, or some other of our Fellow Justices, to find sufficient Surety and Mainprise, as well for his Good Abearing to∣wards our said Soveraign Lord, and all his Liege People, untill the next Quarter Session of the Peace, to be holden in the said County, as also for his Appearance then there, and if he the said A. B. shall refuse so to do, that then immediately without expecting any further Warrant, you him safely convey, or cause to be safely conveyed to our next Prison in the said County, there to remain untill he shall willingly do the same, so that he may be before the Justices at the said next General Sessions of the Peace to be holden in the said County, then and there to Answer for his Contempt in this behalf; and see that you certifie your doing in the Premisses to the said Justices, at the said Sessions, bringing then thither this Precept with you. Witness the said B. A. and E. S. of B. &c. the _____ _____ day of _____ _____ &c.

Crompt. 236. b. in Latine.

XXXIV. Lambert 122. ibid.* 109.1 The usual Recognizance for the Good Abearing.

Memorandum quod 4. die Julii An. &c. R. P. de E. in Com' predict' Yeoman in propria persona sua venit coram nobis H. P. Kt. & S. L. Esq duobus Justic' dicti Domini Regis ad Pacem in dicto Comitatu conservand'

assignat' & assumpsit pro seipso sub poena vigint' librarum & H. J. de L. in Com' predict' Yeoman & J. F. de M. in eodem Com' Husbandman tunc & ibidem in propriis personis suis similiter venerunt & manuceperunt pro pre∣dict' R. P. viz quilibet eorum seperatim sub poena Cent' solid' quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad pa∣cem &c. ad proximam generalem sessionem &c. & quod ipse interim se be∣ne geret erga Dominum Regem & cunctum populum suum & praecipue erga J. B. de C. &c. & quod ipse non inferet nec inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti Domini Regis laede∣re valeat quovismodo viz. uterque H. J. & J. F. sub pena cent' librarum & predict' R. P. sub pena ducent' librarum quas quidem seperales summas Cent' librarum uterque predict' H. J. & J. F. ut predicitur per se ac pre∣dict' R. P. dict' ducent' librarum Recognoverunt se debere dicto Domino Regi de terris & tenement' Bonis & Catallis suis & quorumblibet & cu∣juslibet eorum ad opus ipsius dicti Domini Regis fieri & levari si contingat prefatum R. P. in aliquo premissorum deficere & inde legitimo modo con∣vinci, &c. Dat. &c. Dalt. 370. cap. 123. Kilborns Precedents 192.

* 109.2XXXV. Lambert 122, 123. Or by a single Recognizance, with this Condition Endorsed under Written,

Conditio Recogn' predict' talis est quod si predict' R. G. Imposterum se bene geret & Pacem Domini Regis conservabit erga dictum Dominum Re∣gem & cunctum populum suum & nullum Damnum Corporale &c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Dalt. ••71. cap. 123.

* 109.3XXXVI. Dalt. 365. cap. 122. A Supersedeas of the Good Behaviour by one Justice.

H. B. Serviens ad legem unus Justic' Domini Regis &c. Vicecom' ac omnibus & singulis Ballivis Ministris & fidelibus dicti Domini Regis in eo∣dem Com' & eorum cuilibet salutem quia J. S. sufficient' securitat' de pace & de bono Gestu suo erga dictum Dominum Regem & precipue erga W.T. coram me invenit, ideo ex parte dicti Domini Regis vobis & cuilibet ve∣strum mando & precipio firmiter injungens quod de ipso J. S. pro hujus∣modi securitat' &c. inveniend' capiend' sive Arrestand' omnino supersed' & si ipsum J. S. ea occasione ceperitis sive Imprisonaveritis tunc eum deli∣berari facias si ipse J. S. ea occasione & non alia detineatur Teste, &c.

XXXVII. Dalt. 366. cap. 122. And Mr. Crompton is of Opinion that these (viz. Supersedeas of the Good Behaviour, &c.) may be granted by any one Justice of the Peace, with whom Rast. Entr. 454. tit. Peace. But Mr. Lambert 123. thinketh it not in the lawfull power of any one Justice of Peace to grant such Supersedeas at this day, but that it must be done by two Justices at the least, and the one being of the Quorum; nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone, I have drawn these accordingly, perswading notwithstand∣ing the Joyning of two Justices herein, and one of the Quorum if they may conveniently.

XXXVIII. Crompt. 138. § 3.* 109.4 And it seemeth that one Justice of Peace may Award such a Precept, (viz. for the Good Behaviour against another person by his discretion) as well as two Justices may, and the Statute, 34 Ed. 3. 1. § 1. N. 6. is to the same effect by the words thereof, otherwise perhaps Damage would happen to some of the Kings Subjects, if the par∣ty be not Attacht before two Justices have made the Precept, yet the common usage is to make such a Precept of the Good Behaviour in name of two Justices, and it is good to keep this Ordinance, Fitzh. J.P. 7.

XXXIX. Dalt. 371. The Condition of a Recognizance, &c.* 109.5

The Condition of this Recognizance is such, that if the above bounden R. G. shall personally appear before the Justices of our Soveraign Lord the King, at the next General Sessions of the Peace to be holden in the County of C. to do and receive that which by the Court shall be then and there enjoyned him, and that in the mean time he be of Good Behaviour, and do keep the Peace of our said Soveraign Lord the King, towards his Maje∣sty and all his Liege People, That then, &c.

XL. Dalt. 371. Or this, Conditio Recogn' predict' talis est quod si pre∣dict' N. G. Imposterum se bene Geret (& pacem Domini Regis conservabit) erga dict' Dominum Regem & cunctum populum suum quod tunc Recog∣nitio predicta pro nullo teneatur alioquin in suo Robore permanere.

XLI. Dalt. 365. Note that such supersedeas, (viz. supra § 36.) is good,* 109.6 tho it name neither the Sureties, nor the Sums wherein they are bound, but yet it is the better Form to express them both, for then if it shall ap∣pear that the Sureties are not sufficient men, or not bound in sufficient Sums, better Sureties may be taken, &c.

Gaugers

see Measures.

Glass-men

see Trades

Goals

see Imprisonment.

Goldsmith

see Metle

Grain

see Corn.

Graziers

see Catle

Greyhounds

see Catle

Green Wax

see Proces and Seals

Guns

see Forest and Shooting

Habeas Corpus

see Imprisonment, Certiorari

Handguns

see Forest and Shooting

Hay and Oats

see Corn

Hares

see Forest

Harvest

see Poor and Husbandry

Hawks

see Fowl.

Harness

see War.

Harborers

see Hostler.

Headbrough

see Constable.

Hedgbreakers

see Trespass.

Herring

see Fish.

Hearthmoney

see Taxes.

Highwayes

see Wayes.

Hides

see Leather.

Homicide

see Coron.

Horn

see Trades.

Horses

see Catle.

Horsebread

see Corn.

Hospital

see Poor.

Hostler.

Harborer, Lodger, Innes, Victuals, Inholder, Hay and Oats.

* 109.7I. Lambert 448. Inquiry in Sessions, if any Inholder, &c. or other Seller of Victual, have not Sold the same at reasonable pri∣zes, 23 rd. 3. 6. & 13 R. 2. & Crompt. 67. b. 91. b.

* 109.8II. Lambert 4. cap. 4. pag. 4. 465. Inquiry on 13 R. 2. 8. § 1. N. 6. & 32 H. 8. 41. § N. If any Inholder dwelling in any City, Town Corporate,

or Market Town wherein is any Common Baker that hath been Appren∣tice there Seven years, have within his own house made any Horse Bread: or dwelling in any other Thorow-Fair, have made it insufficiently, and not of due Assize, Crompt. 90. a. 91. b.

III. Lambert 465. If any Inholder have taken any thing for Litter,* 109.9 or have taken excessively for Hay, or have taken above one Half-Penny in a Bushel of Oats over the Common Price in the Market, 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. & 21 Jac. 21. Crompt. 91. b.

IV. Dalt. 25. cap. 7. Every Keeper of Tavern,* 109.10 Keeping also an Inne or Victualling in his House, and every Inkeeper &c. which shall suffer any Townsman, or any Handycrafts man, or Laborer working in the same City or Town, to remain and continue Drinking in their said House (ex∣cept such as shall be invited thither by a Travellor, and during his ne∣cessary abode there, &c. except allowed by two Justices of Peace, the said offence being seen by any Justice of Peace within his Limits, or con∣fest or proved by one Witness on Oath, Forfeit 10 s. 1 Jac. 9. § N. Crompt. 77. b. 78.

V. Dalt. 27. cap. 7. Now no person may come to Tiple in any such Ta∣vern, or in any Inn, &c. in the same Town where he dwelleth, nor dwell∣ing within two Miles thereof, except he be a Traveller, and so Sir Fran∣cis Harvey Knight delivered it in his charge at Cambridge Summer Assizes, Anno 1629.

VI. Dalt. 28. cap. 7. If a Common Inholder, &c.* 109.11 will not Lodge a Traveller, any Constable or Justice of Peace, may compell him thereto: But how the Officer shall compell him, Quaere, It seemeth that all the Offi∣cer can do, is either to cause such Alehouse Keeper to be suppressed, or else to present such Offence of an Inn-Keeper at the Assizes or Sessions of the Peace, that so such Offender may be thereupon Indicted, see the Com∣mission. And at Lent Assises Anno 1622. Sir James Leigh Lord Cheif Ju∣stice of B. R. delivered it in his Charge, that an Innkeeper &c. might be Indicted, Fined, and Imprisoned for the same; or else that the party grie∣ved might have an Action S. Case Br. 76. 92. against the Innkeeper refusing to Lodg him, Kell. 50. 14 H. 7. 22. b.

VII. Crompt. 77. ab. Nota, That it hath been agreed, that such Inns that have been newly erected since the Statute 5 & 6 Ed. 6. 25. and were not Innes before, must have Licences as Alehouses shall have,* 109.12 and this was put in ure upon an Indictment Traverst and Tryed at the Assizes in Sussex about 16 Eliz. as I have heard by him that was Counsel with the party In∣dicted, Dalt. 31. cap. 7.

VIII. Hales Pleas of the Crown, 146.

Hospitals, and Houses of Correction

see Poor.

Hue and Cry

see Fresh Suit.

Hundred

see Franchise, Constable, Sheriff.

Hunting

see Forest.

Husband

see Baron & Feme

Husbandry.

Tillage, Aprovement

* 109.13I. Lambert 463. Inquiry in Sessions, if any owner of any Scite or Pre∣cinct, and Demeans of any late Dissolved Religions House, that was in yearly value under 200 l. per Annum do not keep an honest and continual houshold thereupon, 27 H. 8. 28. § 9. N. 1. Lambert 600. Crompt. 96. b. 124. b.

* 109.14II. Crompt. 96. b. Inquiry if any takes in Ferm any house to which any Land belongs above two such holds in one Vill or Hamlet; or if any hath occupied two such holds in one Vill or Hamlet, and doth not inhabit in the same Parish, he shall Forfeit for every week 3 s. 4 d. Fitzh. J. P. 128. 25 H. 8. 13. § 14. N. 2.

* 109.15III. Lamb. 612. I will not gainsay, but that the Justices of Peace may at any Special Session of the Peace give in Charge all such Statutes as dogive unto them a general power of Enquiry, without using mention of restraint to any Sessions as 25 H. 8. 13. § 5. N. 1. of Sheep.

* 109.16IV. Lambert 464. Inquiry at Sessions if any person have at once kept above the Number of 2000 Sheep of all sorts, against 25 H. 8. 13. Crompt. 125. b.

V. Crompt. 152. Such Process shall be awarded against him who is In∣dicted upon 25 H. 8. 13. Concerning the keeping of Sheep above a certain Number, as is used in Trespass Presented before the Justices of Peace.

* 109.17VI. Crompt. 193. b. The party must begin his Action of Debt, Bill, Plaint or Information within the year, and his Presentment or Information for the King, shall be taken within 3 years after the offence Committed, against 25 H. 8. 13. § 6. N. 1. of Sheep.

* 109.18VII. Lamb. 463, 464. Note that the Offences against the Statute of Hus∣bandry and Tillage 39 Eliz. 2. (which extendeth not to Kent, Essex, Sussex, and many other Shires, nor to the greatest part of Wales) are inquirable and determinable at the Quarter Sessions, but I leave them to Justices of those Shires in which they have Force, Lambert 601.

VIII. West. Symb. 2. part 131. Sect. 208. An Indictment for converting Tillage into Pasture, or for Coneys, &c. 6 H. 8. 5. § N. Pract. Preced. 94, 95.

Essex ss.

Juratores pro Domino Rege supra Sacramentum suum presen∣tant quod H. W. de A. in Com' E. Gen. primo die Novembr' Anno Regni &c. Seisitus existens in Dominico suo ut de feodo de & in 12 acras terrae Arabilis in A. predict' in Com' E. predict' jacentibus ac de (aut in) aliqua libera Warrenna non existent sed per spacium 4 Annorum dict' primum diem Novembr' An. supradict' proxime Precedent' in cultura & seminat' Granorum usitatis & applicatis dicto primo die Novembr' An. supradict' ac

diversis aliis diebus & vicibus antea & post predict' 12 acras terrae Arabilis a cultura predict' & sationem Granorum usque ad hunc diem presentem in pastura pro cuniculis custodiend' convertebat & adhuc convertit & custo∣dit ad Grave Nocument' J. R. R. T. & W. M. de A. predict' in Com' E. predict' vicinorum ibidem existent' ac contra formam diversorum Statu∣torum in hujusmodi casu provisorum & editorum.

IX. West. Symb. 2. part 131. Sect. 209. An Indictment of decaying hou∣ses of Husbandry, and converting Tillage to Pasture, &c. 6 H. 8. 5. § N. Crompt. 2. 7. b. pl. 85. Pract. Preced. 96.

Essex ss.

Inquiratur pro Domino Rege (si) J. K. nuper de T. in Com' E. Gen' primo die Octob. An. &c. seisitus in Dominico suo ut de feodo de & in 8 Messuag' Agriculturae in T. predict' in dicto Com' E. in quibus septem seperales Agricolae Angl' vocat' Husbandmen adtunc inhabitabant, ac de & in tricent' Acris terrae Arabilis in T. predict' in dicto Com' E. in cul∣tura & seminatione Granorum usitat' & aplicat' adtunc existent' de quibus triginta acrae ad minus cum quolibet dictorum Messuag' adtunc seperatim occupat' & usitat' fuerunt & quod predict' J. K. leges & Statuta hujus Regni Angl' Parvi pendens dicto primo die Octob. Anno &c. supradict' ac diversis aliis diebus ac vicibus antea & postea pro proprio lucro & singu∣lari commodo suo tres agricolas dictorum septem de tribus de predict' sep∣tem Messuagiis adtunc expulit & amovit & eadem tria Messuagia absque aliquo Inhabitant' sive aliquibus Inhabitantibus in eisdem irreparat' stare & in decasum & ruinamcadere adtunc & deinceps usque diem captionis hujus inquisitionis voluntarie causavit & permisit insuper quod predict' J. K. die & Anno supradict' ac diversis aliis diebus ac vicibus antea & postea cen∣tum acras predict' trecentarum acrarum terrae Arabilis jacent' & existent' in T. predict' in Com' E. predict' tum Fossat' & sepibus vicinis inclusit & illas abinde a cultura Agriculturae & seminatione Granorum usque diem cap∣tionis hujus inquisitionis in pastura convertebat & custodiebat & adhuc convertit & custodit in malum & pernitiosum exemplum aliorum ac contra form' diversorum Statutorum in hujusmodi casu edit' & provisi, &c.

Ideot and Infant

see Enfant.

Jesuits

see Pope

Idleness

see Poor.

Jews

see Religion.

Images

see Religion.

Imbezilment

see War.

Imbraceors

see Enquest and Maintenance.

Imprisonment.

Habeas Corpus, Capias, Arrest, Process, Mittimus, Bail, Prisons, Goals, Commitment.

I. 9 H. 3. 29. Magna Charta. No Freeman shall be taken, Imprisoned,* 111.1 or otherwise destroyed, but by Lawfull Judgment of Peers, or by the Law of the Land, Dalt. 336. cap. 118.

II. Lamb. 2. cap. 2. pag. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him,* 111.2 by 5 Ed. 4. 13. and in truth the Common Form of the Precept of the Peace is, and if he refuse &c. then he shall convey him to the Goal, and therefore if he yield to come and to find Surety, the Officer may neither absolutely

Arrest him, nor take any Fee, &c. and this may be the cause, that when one appeareth upon such a Warrant before the Justice of Peace, the Ju∣stice needeth not to demand Surety of him, but may commit him if he do not offer Surety, 4 H. 7. 9. Lambert 93. Crompt. 171. b. Dalt. 335. cap. 118

* 111.3III. Lambert 90, 91. If a Bailiff do Arrest a man for the Peace before that he have any Warrant, and then afterwards do procure a Warrant for it, this nevertheless is unlawfully done, &c. Crompt. 172. Dyer 244.

* 111.4IV. Lambert 132. If a Constable, or such other Officer, do see a man endeavouring to make an Affray, he may command them to avoid, upon pain of Imprisonment, and if the Affray be great or dangerous, he may make Proclamation, and may command the parties to Prison for a small time, till their heat be passed over, and then he must deliver them with∣out any Fine taking.

* 111.5V. Lambert 133. If any of the Affrayers be in danger by reason of a hurt received in the Affray, then ought the Officer to Arrest and carry the other to the Goal, untill he shall find Surety to appear at the Goal De∣livery.

* 111.6VI. Lambert 133, 134. And yet when the Constable hath taken an Af∣frayer, he may not Imprison him in his House but in the Stocks, and that not above such a reasonable time as he may provide to convey him to the Goal till he find Surety for the Peace, 3 H. 4. 3. 22 Ed. 9. 35. and herein he differeth from a Goaler or the Sheriff who hath the charge of the Goal; for he may make a Goal of his Mansion House, and so cannot a Constable or Justice of Peace do, for by 5 H. 4. 10. § 1. N. 2. the Justice of the Peace must send his Prisoners to the Common Goal, and you may read, (Br. f. 72.) that the Sheriff in his Turn used to Inquire of those which made Prisons in their private Houses, 3 Cr. 8. 29. Crompt. 169. b.

* 111.7VII. 3 Cr. 8. 29. pl. 35. Scamage and Tateham, Hill. 43 Eliz. Rot. 1831. False Imprisonment in London from 10 Septemb. unto 29 Septemb. Defen∣dant Justifies as Mayor and Justice of Peace of P. that Robery was Com∣mitted, and the Plaintiff suspected and brought before him, and because he seemed suspitious, he deteyned him in his house during that time, &c. to examine him, and one Pole who was not apprehended, &c. and after on 29 Septemb. delivered him over to the New 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 can∣not 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 Exami∣nation, which was not Lawfull.

* 111.8VIII. 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.

* 111.9IX. 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 un∣till that convenient provision of strength may be made to convey him safe∣ly 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.* 111.10 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 its 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,* 111.11 and the Con∣stable 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 De∣livery, 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,* 111.12 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,* 111.13 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, af∣ter the Fine tendered▪ Imprisonment Br. 100. which saith that it was so deter∣mined in Parliament, Ann. 2. Mar. 1. But if the Statute gives Imprison∣ment, 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.* 111.14 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,* 111.15 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 be∣ing Licensed,* 111.16 the Justices may Commit to Prison without Bayl or Main∣prise, 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.

* 111.17XX. 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.

* 111.18XXI. 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. Co∣verture 68. Com. 364. Dr. & Stud. 147, 148. Lamb. 81, 82.

* 111.19XXII. Dalt. 336. cap. 118. For Misdemeanours done against the Kings Peace, as for Treason, Felony, or breaking of the Peace, &c. the Of∣fenders as well by the Common Law, as by divers Statutes, may be arre∣sted 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.

* 111.20XXIII. Dalt. 337. cap. 118. Any man suspecting another of a Felony committed, or only intended, may arrest him, so as thereupon he com∣mits him to the Goal, or carryeth him before a Justice of Peace, 9 Ed. 4. 26. & 20 Ed. 4. 6. Finch. 340. Dalt. 338. ibid.

* 111.21XXIV. Dalt. 338. cap. 118. The Justice of Peace upon his own mo∣tion and Discretion, or upon Complaint, may also grant out his Warrant for the arresting or conventing before him all such Persons as shall break, or go about to break the Peace, or as he shall suspect to be inclined to break the Peace, and may commit them to Prison, if they shall refuse to find, or cannot find Sureties for the Peace or Good-behaviour.

* 111.22XXV. Dalt. ••39. cap. 118. Wheresoever the Justice of Peace hath Power or Authority given him by any Statute to bind over any man, or to cause a man to do any thing, it seemeth such Justice may send such person to the Goal there to remain till he shall perform the same.

* 111.23XXVI. Dalt. 339. cap. 118. None shall be imprisoned by any Justice of Peace, but only in the common Goal by the Statute 5 H. 4. 10. § 1. N. 2. & 23 H. 8. 2. and therefore Justices of the Peace cannot commit Felons to any of the Counters in London, nor to other Prisons which be no Com∣mon Goals, nor make a Goal of their own Houses, but in some Cases may commit to the Stocks, as for Tipling, &c. and in some Cases to houses of Correction, as Rogues, &c.

* 111.24XXVII. Dalt. 340. cap. 118. The Justice of Peace, Constable, or other Officer persuing a Felon into another County, takes him there, the Felon shall be committed to the Goal of the County where he was taken, for the Justice of Peace, &c. being out of the County hath no more Autho∣rity than a private man, Fresh suit, Br. 3. Com. 37.

* 111.25XXVIII. Dalt. 341. ibid. When a Statute doth appoint Imprisonment, but limits no time when the Offender shall be imprisoned, then he is to be imprisoned presently, as in Case of a Force, the Justices of Peace upon view thereof ought to commit the Offenders presently, for after they may not commit them.

XXIX. Lambert 2. cap. 7. pag. 226.* 111.26 And of like Condition (viz. Ʋni∣versal and against the Common Wealth) be those Felonies that do grow by the breaking of Imprisonment for any Felony, the which also are grounded chiefly upon 1 Ed. 2. Stat. 2. pag. 76. de frangent' Prisonam, and are so re∣strained to Felony by it, whereas at the Common Law he was generally a Felon that brake the Prison, although the cause were no Felony for which he was Committed thither, Dalt. ••70. cap. 105.

XXX. Lambert 227. ibid.* 111.27 In the Prisoner himself it is most properly called a breach of Prison, in another that helpeth the Prisoner to get away it is called Rescous, and in the Officer, &c. by whose wilfull default he is suffered to go, an Escape.

XXXI. Lambert 419. Inquiry on 1 Ed. 2. Stat. 2. pag. 76.* 111.28 If any person Imprisoned for Felony have broken the Prison: or if any other person have broken the Prison for such a Prisoner by which he Escapeth; or if any Goaler have willingly suffered such a Prisoner to Escape; and if any person being Arrested for Felony, and by whom, 2 Inst. 591.

XXXII. Lamberts Precedents 12. pl. 31. Indictment for a wilfull Res∣cous of one Imprisoned in the Stocks for Felony.

Kanc. ss.

Juratores pro Domino Rege (super sacramentum suum) pre∣sentant quod 20 die Junii Anno &c. quidam A. B. nuper de C. in Com' pre∣dict' Glover, apud C. predict' in Com' predict' captus est & Arrestatus per E. F. de C. predict' in Com' predict' Yeoman pro suspitione cujusdam Fe∣loniae, viz. unius Vaccae ipsius E. F. per prefat' A. B. felonice ut idem E. F. tunc asserebat captae & abductae & quod idem A. B. immediate postea Traditus est per prefat' E. F. cuidam H. M. tunc Constabulario Hundredi de N. in quo Sita est Villa de C. predict' qui quidem Constabularius apud C. predict' in Com' predict' postea viz. &c. eundem A. B. in Prisona in Cip∣pis ibidem posuit ad eum salvo ibidem custodiend' donec idem Consta∣bularius parare posset Auxilium ad ducendum eundem A. B. coram aliquo Justiciariorum pacis dicti Dom' Regis in Com' predict' examinand' & quod postea scil. &c. die & Anno &c. quidam G. L. de C. predict' in Com' pre∣dict' Glover apud C. predict' in dicto Comitatu vi & armis Cippos pre∣dictos effregit ac eundem A. B. tunc ibidem existent' ex eisdem custodia Pri∣sona & Cippis felonice cepit eripuit & rescussit ac ad largum ire & evadere permisit contra pacem dicti Domini nostri Regis Coronam & Dignitatem suas.

Crompt. 38. b. § 8. Dalt. 271, 272. cap. 106.

XXXIII. Lamberts Precedents 12. Pl. 32. An Indictment for breaking of Prison, Crompt. 107. § 17.

Inquiratur pro Domino Rege si W. H. de C. in Com' predict' Yeoman unus Constabulariorum dicti Domini Regis Hundredi sui de T. in Com' predicto in quo quidem Hundredo Sita est villa de C. predict' quendam R.B. nuper de C. predict' in Com' predict' Taylor 20 die September Anno &c. apud C. predict' in Com' predict' pro suspitione cujusdem Feloniae viz. pro morte cujusdam M. N. apud H. in Com' predict' felonice interfecti cepit & arrestavit & ea de causa idem R. B. sub custodia dicti W. H. Constabularii in Prisona dicti Domini Regis apud C. predict' in Com' predict' postea scil. dict' 20 die Sept. Anno supradict' fortiter & duriter detentus fuit ac idem R.B. tunc ibidem sic detentus postea, viz. dict' die & Anno apud C. pre∣dict' in Com' predict' vi & armis predictam Prisonam ibidem felonice fregit ac extra custodiam dicti Constabularii tunc ibidem contra ejus volunta∣tem felonice evasit contra pacem dicti Domini Regis nostri nunc Coro∣nam & Dignitatem suas, necnon contra form' Statuti in hujusmodi casu edi∣ti & provisi.

XXXIV. Crompt. 49. b.* 112.1 Inquiry also shall be of them who are in Prison for Felony, or suspition of Felony, and break the Prison, this is Felony

by 1 Ed. 2. Stat. 2. pag. 76. de Frangent' Prisonam, and its not material whi∣ther he were guilty of the Felony or not, Stamff. 32. Fitzh. J. P. 116. & 24 Ed. 3. 42. & 50. and so where they escape going to the Goal Crompt. 107. § 16.

* 112.2XXXV. Dalt. 271. cap. 106. One committed to the Constable by the Justice, for suspition of Felony, making an Escape from the Constable was after taken again and Indicted and Arraigned for that Felony, and by the Jury of Life and Death was Found not Guilty of that Felony: and af∣ter was Indicted for the Escape, but here considering the Prisoner was found not Guilty for the first Felony, therefore his Escape from the Con∣stable was holden not to be Felony, and so I have known the Jury di∣rected by the Judge of Assize.

* 112.3XXXVI. Dalt. 272. cap. 106. By some Opinions if a stranger shall disturb the Arresting of a Felon, it is no Felony except the Felon were ta∣ken and Arrested, and after Rescued, 9 H. 4. 1. Coron 333. Stanff. 33. yet Fitzh. J. P. 114. saith that such disturbance before Arrest is Felony.

* 112.4XXXVII. Lambert. 294, 295. Such Justice of Peace as Committed for any offence, any person to Prison, refusing to defray the Charges for con∣veying him thither, may give his Warrant to the Constable to Sell such of the Offenders Goods as will satisfie the same Charges, and if the Offender have no Goods, the Parish where he was apprehended shall be Taxed ac∣cording to this Act, and the Goods of every person Assessed refusing to pay the same by Warrant from the said Justice of Peace, or any other neer adjoyning to the Constable, &c. shall be distrained and Sold for levying the same Taxation, 3 Jac. 10 § 1. N. 3.

XXXVIII. Lambert 218. The Mittimus of the Prisoner for-Felony after his Examination taken, &c.

Kent ss.

J. S. Knight, one of the Justices, &c. to the Keeper of his Majesties Goal at M. in the said County, &c. Greeting, I send you here∣withal the Body of A. B. late of C. Laborer, brought before me this pre∣sent day, and charged with the Felonious taking of 20 Sheep (which also he hath confessed upon his Examination before me, and therefore these are on the behalf of our said Soveraign Lord to Command you, that im∣mediately you receive the said A. B. and him safely keep in your said Goal, untill he shall be thence delivered by due order of his Majesties Laws: Hereof fail you not, as you will answer for your Contempt at your own Peril.

Given at, &c.

XXXIX. 2. Inst. 591. Hereupon it appeareth that the Common War∣rant or Mittimus to answer to such things as shall be Objected against him, is utterly against the Law.

* 113.1XL. And it was toucht 10 Ed. 4. 18. pl. Surety Br. 26. that Stocks were ordained in the Vills for the taking of Vagrants who would not serve, &c.

Indictment.

Indictments, Traverse, Process, Pleading, Action, Appeal, In∣formation, Aprovement.

I. Lambert 20. & 21.* 113.2 And whether the Authority and power of these Wardens were then also with this alteration, 1 Ed. 3. 16. § N. any thing increased or no I will not affirm, but I find 3 Ed. 3. Coron 360. That an Indictment of Murder was found before one Warden of the Peace only, and that thereupon he wrote his Letter or Precept to the Sheriff to apprehend the person Indicted who took and brought him before the Justices in Eyer, and that they also thereupon proceeded to the Arraignment and Tryal of him.

II. 4. Ed. 3. 2. § 1. N. 6.* 113.3 And the Justices assigned to deliver the Goals, shall have power &c. of those that shall be Indicted before the Keepers of the Peace, and the said Keepers shall send their Indictments before the Justices, &c.

III. 25 Ed. 3. & 3. cap. 9. § 1. N. 2.* 113.4 The King will that his Justices shall not Impeach the Ordinaries nor their Ministers, because of such In∣dictments of general Extortions and Oppressions, unless they say and put in certain, in what, and in what manner, &c.

IV. 11 H. 4. 9. §. 1. N. 4. And if any Indictment be made,* 113.5 viz. by de∣nomination of Party, or without due Retorn of Enquest by Sheriff, &c. that the same Indictment be void &c. Poult. de Pace 172. § 7.

V. 1 H. 5. 5. § 1. N. 1.* 113.6 That in Appeals and Indictments where Exigent shall be awarded, Additions shall be made of their Estate or Degree, or Mystery, and of the Towns or Hamblets, or places and Countries of which they were or be, or in which they be or were conversant, Lambert 480, 481.

1 Ed. 4. 2. § 1. N. 4.* 113.7 (viz. That no Process shall be made by them) but that Sheriffs, and their Under-Sheriffs, Clerks or Bayliffs, and their Mi∣nisters, shall bring, present, and deliver all such Indictments and Present∣ments taken before them, or any of them, in their Turns or Law dayes, &c. to the Justices of Peace at their next Sessions of the Peace that shall be holden in the County where such Indictments and Presentments shall be taken, &c. Lambert 496. Poult. de Pace 169. b. 171. a. § 6.

VII. 3 H. 7. 1. § 1. N. 14. That if any man be slain or Murdered,* 113.8 and therefore the Slayers, Murderers, Abettors, Maintainers and Comforters of the same, be Indicted, that the same Slayers, &c. and all accessaries of the same, be Arraigned and determined of the same Felony and Murder, at any time at the Kings Suit within the year after the same Felony and Murder done, and not tarry the year and day for any Appeal to be taken for the same Felony or Murder.

VIII. 6 H. 8. 6. § 1. N. 3. and (Justices of B. R.) to command all Justi∣ces of Goal Delivery, Justices of Peace,* 113.9 and all other Justices and Com∣missioners to proceed upon all the Bodies, and Indictments so removed (and remanded from B. R.) after the course of the Common Law, as if ne∣ver removed, &c.

* 113.10IX. 37. H. 8. 8. § 1. N. 4. That these words Vi and armis, viz. cum Ba∣culis Cultellis Arcubus & Sagittis, or such other like, shall not of necessity be put or comprised in any Inquisition or Indictment. Crompt. 102. § 20. Lambert 494. Dalt. 401. cap. 131.

* 113.11X. Lambert 4. cap. 4. pag. 479. This also is generally true, That all Bills, Informations and Indictments grounded upon penal Statutes, where∣in the Prince only is to reap the Forfeiture ought to be commenced within two years next after the Offence committed, and if the Suit be given to any other person for himself and the Prince, that ought to com∣mence for the Prince within two years, and for every common person within one year next after the Offence done, and otherwise it is meerly void, unless shorter time be limited by that special Statute upon which the Information, Indictment or Presentment is made and framed, as it is by 13 Eliz. 5. of Husbandry, and 39 Eliz. 1.

* 113.12XI. Lambert 479, 480. All Indictments forasmuch as they be in Nature of Declaration, ought to contain Certainty, and therefore, as saith Mr. Marrow, five principal things be most commonly requisite in Presentments before the Justices of Peace: 1. The Name, Surname, Addition of the party Indicted: 2. The Year, the Day and Place in which the Offence was done: 3. The Name of the Person to whom the Offence was done: 4. The Name and Value of the thing in which the Offence was committed: 5. The Manner of the Fact, and the Nature of the Offence, Treason, Murder, Felony or Trespas. Dalt. 402. cap. 131.

* 113.13XII. Lambert 492, 493. In an Indictment of Murder, murdravit is ne∣cessary, Crompt, 101. § 4. of Burglary must be burglariter, &c. Crompt. 106. § 12. of Rape quod felonice rapuit, &c. Dalt. 403. cap. 131.

* 113.14XIII. Lambert 494, 495. And if the Indictment be founded upon a Statute, it ought to say contra form' Statuti in hujusmodi casu editi & pro∣visi; or when many Statutes do concern one Offence, as in the case of Li∣veries and such like contra form' diversorum Statutorum without special naming of any, and then the best shall be taken for the King. Crompt. 104. § 49. but an Indictment of a Riot without saying contra formam Sta∣tuti, &c. is not good, because Crompt. 102. § 18. it is no Riot but by that Statute (viz.) 13 H. 4. 7. and yet it is not of necessity. Dalt. 401. cap. 131. that the Statute be verbally rehersed, but only that the Offence against the Statute be sufficiently▪ and with full words described, Crompt. 1. 79. Dyer 363. Again, it is not safe to recite the dayes or places of the begin∣nings, Continuances, and Prorogations or Dissolutions of the Parlia∣ments, lest by mistaking any of them, the whole Indictment fall to the ground thereby; Dyer 203. Crompt. 104. § 51, 53.

* 113.15XIV. Lambert 4. cap. 5. pag. 496 Generally the Justices of Peace may receive Indictments before themselves of all Causes, being either within their Commission, or within the Statutes whereof they have to en∣quire.

* 113.16XV. Lambert 496. And they may also receive Indictments taken be∣fore the Sheriff in his Turn lawful, that is to say, so that the Turn be hol∣den within the Month after Easter, or within the Month after Michaelmas, 31 Ed. 3. 15. § 1. N. 3. that those Indictments or Presentments be indented and sealed between the Sheriff and the Jurors, 1 Ed. 3. Stat. 2 cap. 17. § 1. N. 1. and so that they be made by the Oath of twelve men at the least, 13 Ed. 1. W. 2 cap. 13. § 1. N. 2. and that these Jurors be of good fame and Legales homines that may dispend yearly 20 s. of Freehold, or 26 s. 8 d. of Copyhold, 1 Rich. 3▪ 4. § 1. N. 2. and for this purpose the said Statute, 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of the Peace at their next Sessions, the Indictment found in his turn or Law-day, Crompt. 105. b. §. 67. Poult. de Pace 170, 171.

XVI. Lamb. 496. Ibid.* 113.17 It seemeth also by way of admitting in 27 H. 8. 2. Indictment Br. 1. that the like ought to be done of the Presentments of Felony in any Leet by vertue of 1 Ed. 2. 4. §. 1. N. 4. but that is further to be enquired of, for I find no better warrant for it, see Kitch. 8. b. they must be indent within 1 Ed. 3. St. 2 cap. 17. Crompt. 106. § 69.

XVII. Lambert 497. ibid. This is certain,* 113.18 that Justices of Peace ought to receive Indictments found in any Leets or Law-days upon the Statute made for the breeding of Horses, to which end also the Court-holders of such Leets or Law-days are bound to certifie the same unto them with∣in the space of forty days, &c. 32 H. 8. 13. § 8. N. 2.

XVIII. Lamb. 497.* 113.19 Justices of the Peace have none Authority to receive an Indictment of the killing of a man se defendendo, saith Stanf. 15. b. 16. a. as he had heard say, but enquire further thereof, for though it be not Felony, as appeareth by the Statute of Gloucester, 6 Ed. 1. cap. 9. § 1. N. yet be there other words in their Commission § 9. extending to give them power to hear and determine of such an Offence, Crompt. 21. §. 3. in Coron. § 26.

XIX. Lamb. 497. ibid.* 113.20 But they are not to receive an Indictment for the killing of a Hart purloin'd, for the jurisdiction of it belongeth to the Justices of the Forest, 21 H. 7. 30. per Fineux.

XX. Lambert 497. ibid.* 113.21 And as it seemeth they may reject an Indictment that findeth any matter of record, as Utlary, or such like, unless it be shewed to the Jurors sub pede sigilli, for Jurors are to find matter in deed only, and not of record, 1 H. 7. 6. & 3. H. 7. 1. & 10.

XXI. Lamb. 497. ••bid.* 113.22 And so if the Sheriff will offer Indictments of Liveries, Ravishment of Women, or of Felonies by Statutes, or of such other Causes whereof they have no power to enquire in their Turns, the Justices of Peace ought to reject them, 4 Ed. 4. 31. & 18 Ed. 4. 5. 22 Ed. 4. 2••. & Stanf. 87.

XXII. Lambert 498, 499.* 113.23 And for that end viz. that the Justices of of∣fice may see that Bills be sufficient, &c. 24 Ed. 3. 74. &c It is the manner in some places to command, that the Enquest take no Bills, but only such as the Justices themselves have first perused; howbeit, as it is certain that the Enquest may safely do the contrary so long as the Bills do carry good matter and allowable form; so I will advise, that the Justices shall ra∣ther peruse the Bills after that the Evidence shall be thereupon given to the, Jury than to put their pens into them before that the Enquest shall be informed, taking it to be not only no hinderance at all to the Service, but also the most wary and secure way for the Justices themselves to walk; for tho 35 H. 6. 14. & 12 Ed. 4. 18. it be said, if a Bill of Indict∣ment be delivered to a Justice of the Peace at or before the Sessions, which he promiseth to read, and to deliver to the Jury, and so doth accordingly that he shall not be charged for it in a Writ of Conspiracy, yet may it be thereupon doubted whether he shall be excused, if upon conference had, he do busie himself either to draw, engross, or amend the Bill before it be preferred to the Enquest that shall have it.

And seeing that the Justices do commonly receive the Bills from the En∣quest with their express assent to amend any defect of certainty in the form only, and may also award a Ven' fac' against the Indictors, to amend a Bill upon their first Oath at any time before it be removed. 22 Ass. Indictment Br. 12. & 8 H. 5. 8. Indictment 28 Stanf. 97. a. so that the Business is not a whit impeached by this forbearance; there is no cause, as I think, for the Justices of Peace to anticipate the matter before the right time, but rather to leave the first drawing and ingrossing of the Bills to the Clerk of the Peace, or other Ministers of the Court, and after the Evidence given, than to consider whether they be formal or ought to be reformed, Crompt. 109. §. 1

* 113.24XXIII. Crompt. 101. § 1. The Court of Office ought to see that the Indictments be sufficient in matter apparent, Lamb. 498. & 24 Ed. 3. 74.

* 113.25XXIV. Crompt. 105. § 56. The Defendant shall not have Counsel a∣gainst the King in an Indictment of Felony, if it be not for matter of Law, otherwise it is in an Appeal, 9 Ed. 4. 22.

* 113.26XXV. 105. b. § 61. An Approvement is as an Indictment, and he that is approved, shall be arraigned thereon; 21 Ed. 3. 17. but a Justice of Peace cannot take an Approvement, because he cannot assign a Coronor, 9 H. 6. 4. Coron. 457.

* 113.27XXVI. Crompt. 105. b. § 63. A Bill of Indictment upon any Trespass that is contra, Pacem, or upon which a man shall have a Writ of Trespass upon the Case, for Deceit may be taken before Justices of the Peace, because the Writ is contra Pacem, Fitzh. J. P. 12.

* 113.28XXVII. Lamb. 4. cap. 6. pag. 500. In some cases these Justices may hear one another, for every Justice of Peace may upon his proper Knowledge make Presentment at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. § N. of High-ways, and in this, and such like Cases his Report hath the force of a Presentment of twelve men, so that he and his Fellows may proceed upon it, 21. H. 6. 5. Crompt. 125. b.

* 113.29XXVIII. Lamb. 500. ibid. Of like value is a Presentment made at the next Sessions by Searchers appointed to examine the true making of Tile, 17 Ed. 4. 4. §. 1. N. 19. Crompt. 125. b.

* 113.30XXIX. Lamb. 500. ibid. And of some such like strength also as I think is the Presentment of the Constables concerning sundry Points contained in the Statute of Winchester, 13 Ed. 1. Stat. 2. cap. 6. § 4. N. 12. Crompt. 125. b.

* 113.31XXX. Lamb. 500. But I doubt whether any such force be in a Present∣ment there made by the Surveyors of the High-ways in the Weilds of Kent, &c. by order of 39 Eliz. 19. §. 5. N. 3. for as I think that amounteth to none other, but only to give matter to the Justices of Peace to charge the Enquirers there withal.

* 113.32XXXI. 25. Ed. 3. Stat. 5. cap. 4. § 1. N. 2. None shall be taken by sug∣gestion or Petition to the King or Counsel, unless it be by Indictment, and Presentment, &c. Poult. de Pace 148. § 7.

* 113.33XXXII. Crompt. 125. b. A Certificat to the King and Counsel by two Justices of the Peace, and the Sheriff or under-Sheriff, of a Riot that is not found by Jury, it shall be as an Indictment by 12, by 13 H. 4. 7. § N.

* 113.34XXXIII. Crompt. 125. b. A Presentment, Bill or Information against Dro∣vers and Badgers on 5 Eliz. 12. § N. on Examination of two lawful Wit∣nesses shall be as if he had been indicted by twelve men.

Infant.

* 113.35I. 52 H. 3. 24. Justices in Eyr shall not amerce Townships, because all being twelve years old, come not afore the Sheriffs and Coronors to make inquiry of Roberies, Burning of Houses, and other things pertaining to the Crown, so there come a full Enquest, &c. except for the death of a man whereas all being twelve years of age, ought to appear.

* 113.36II. 13. Ed. 1. Winch. Stat. 2. cap. 6. § 1. N. 2. Every man between fifteen years of age and sixty, shall be assessed and sworn to Armour according to the quantity of their Lands and Goods, 31 Ed. 1. pag. 71. § 1. N. 11. Ar∣ticles on Winch. repeal'd, 21 Jac. 28. § 11. N. 44, 69.

* 113.37III. 21 H. 8. 7. §. 2. N. 1. Provided that this Act (of Servants, Felony in Imbezelling Masters Goods above 40 s.) shall not be prejudicial to any Apprentice, or any person within the Age of 18 years, &c.

IV. Dalt. 82. cap. 31.* 113.38 By the Common Law such a Covenant or Retainer of an Infant under 12 years of age was void, but now by 5 Eliz. 4. § 25. N. 2. every Tiller of a Plow-land may receive Apprentice above Ten, and under Eighteen years of age, but 5 Eliz. 4. § 36. N. 1. none shall be bound to enter into any Apprentiship, other than such as be under 21.

V. 43 Eliz. § 5. N. 1.* 113.39 That Church-wardens and Overseers by con∣sent of two Justices, may bind poor Children Apprentices, until Men come to 24, and Women to 20. &c.

VI. Dalt. 199, 200. cap. 77.* 113.40 An Infant of the age of Eighteen years by his own act may commit a forcible Entrie or detainer, and so he may, though he be under Eighteen, if so be he be of age of Discretion (viz. of the age of Fourteen years,) see Perkins 10. b. pl. and it seemeth, the Ju∣stice may fine him therefore, but yet it shall be good Discretion in the Ju∣stice of Peace to forbear the Imprisonment of such Infants; Imprisonment Br. 43, 45, 75, 101. for an Infant shall suffer no Imprisonment or Corporal Pain for any Offence by him committed against any Statute wherein an In∣fant is not expresly named, 7 Jac. 6. §. N.

VII. Dalt. 222. cap. 88. Also Women and Children may commit a force,* 113.41 may commit Larceny, and may be bound to the Peace, as Breakers of the Peace, Dr. & Stud. 147, 148. Crompt. 29. b. Dalt. 269. cap. 104.

VIII. Lamb. 2. cap. 2. pag. 79. An Infant,* 113.42 though within Fourteen years of age, may demand, and ought to have surety of the Peace, Marrow, and I do not find any strong reason why any man against an Infant above the age of Fourteen years, ought not, upon good Cause, to have it, though perhaps an Infant cannot be bound for himself, Dalt. 163. cap. 68.

IX. Dalt. 236. cap. 92.* 113.43 If one that wanteth Discretion killeth himself as an Infant, &c. he shall not forfeit his Goods, Crompt. 29. b.

X. Dalt. 247. cap. 97.* 113.44 If he that is casually slain be under Fourteen years of age, nothing shall be forfeited to the King, as a Deodand for him, as it seemeth Coron. 283. Stanf. 21.

Information.

Suits, Acc. S. Stat. Actions, Indictment, Action popular Sugge∣stion, Presentment.

* 113.45I. LAmb. 4. cap. 6. pag. 501. Albeit, we read, 1 Ed. 5. 6. that the Court of Chancery will sometimes both take Knowledge, and also award Process upon an Information by word in the behalf of the Prince, and that 39 H. 6. 41. surmise Br. 3. also admitteth such matter, yet I think that before Justices of the Peace these Suggestions and Informations both, be they by Word or Writing, are but of the force to stir up the Justices to recommend the Cause 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.

* 113.46II. 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 there∣fore that Course is holden now in special Statutes only, 2 Inst. 420.

* 113.47III. 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.

* 113.48IV. 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. Ad∣dition 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.

* 113.49V. 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.

* 113.50VI. 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.

* 113.51VII. 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 Par∣ty; 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 o∣ther 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.* 113.52 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 en∣quired 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.* 113.53 Moity of forfeiture for not rearing Milch-Kine, &c. to party, that within one year after the Offence commit∣ted, 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,* 113.54 (viz. 3 H. 7. 1. § 1. N. 4.) were wilful in their Concealments, it was pro∣vided within eight years after (viz. 11 H. 7. 3. § 1. N. 3.) that the Ju∣stices of the Peace should determine Causes upon Information without any such Presentment, but many times in vitium du••it culpae fuga, and there∣fore 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,* 113.55 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,* 113.56 if any common Informer or Pro∣moter (as he is commonly called) have compounded or agreed with any person for any Offence against any Penal Law without the Order and Con∣sent 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,* 113.57 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 up∣on 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.* 113.58 Justices of Peace may hear and determine by Pre∣sentment, Bill, Information, or Plaint, the Offences of such as kill Wayn∣lings 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 exa∣mination as by Presentment,* 113.59 to hear and determine the Offences of Coro∣nors for not executing their Office according to the Statute.

* 113.60XVI. Crompt. 126. The Justices of Peace may hear and determine as well by Information as by Indictment the Offences Committed against the Statute of Reteyners, Liveries, Maintenance, Imbracery, Bow-staves, Ar∣chery, Unlawfull Games, Forestallers, Regrators, Victuallers, and Inn∣holders, by 33 H. 8. 10 § N. & 37 H. 8. 7.

* 113.61XVII. The Laws, &c. 71. &c. 86. upon 23 Eliz. 1. § 11. N. 1. The Axis upon which all popular Suits for Recusancy depend, See in tit. Pope 79.

Incontinence

see Bastardy.

Infidels

see Religion.

Incumbent

see Encumbent, Ecclesiastick persons,

Ingrossing

see Market Overt.

Innkeeper and Innholder

see Hostler.

Inmates

see Hostler, Cottages.

Inquest

see Enquest.

Inrolement.

Deeds Inrolled, Bargain and Sale, Records.

* 113.62I. LAmbert 196. If any one Justice of the Peace do Joyn with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands, Tenements, or Hereditaments, lying in that County where he is Justice, it is sufficient, as it seemeth by the words of the Statute, 27 H. 8. 16. § 1. N. 2.

* 113.63II. Lambert 365. The Justice or Justices of the Peace that do Joyn with the Clerk of the Peace in taking the Conusans of an Indenture of Bargain and Sale of Land to be Inrolled, shall have 12 d. therefore, if the Land ex∣ceed not in value 40 s. by the year, and 2 s. 6 d. if it do exceed that va∣lue, by 27 H. 8. 16. § 1. N. 4. Lambert 430, 431.

III. Crompt. 59. § 31. It is Extortion in the Clerk of the Peace if he takes above 12 d. for Inrolement of a Bargain and Sale of Land that ex∣ceeds not xl. s. per Annum, or above 2 s. 6. where the Land exceeds the va∣lue of xl. s. per Annum. by 27 H. 8. 16. and in the Justices of Peace that for the Conusance take above the said Summs in the said Cases, by the said Statute, Lambert 430, 431. Crompt. 177. b.

Intendment.

Suspition, Sugestion, Proofe.

* 113.64I. LAmbert 119. It shall not be amiss at this day, to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child.

Inventory

see Ordinary.

Iron works

see Mettle.

Judgment

see Justices, Execution.

Juglers

see Games.

Issues

see Enquest, Forfeiture.

Jurisdiction

see Justices.

Jurors

see Enquest.

Justices.

Jurisdiction, Judgment, Sessions, one Justice, two Justices, three Justices, Courts, Commission, Records.

I. LAmbert 1. cap. 4. pag. 20. And then withal (viz. during the Im∣prisonment of Ed. 2.* 113.65) it was ordained by Parliament in the Life time of that Deposed King, and in the very first entry of his Sons Reign, 1 Ed. 3. 16. That in every Shire of the Realm, Good men and Lawfull which were no Maintainers of Evil, nor Barretors in the Country should be assigned to keep the Peace, which was as much to say, that in every Shire the King himself should place special Eyes and Watches over the Common People, that should be both willing and wise to foresee, and be also enabled with meet Authority to repress all intention of uproar and Force, even in the first seed thereof, and before that it should grow up to any offer of Danger; so that for this cause as I think, the Election of simple Conservators or Wardens of the Peace was first taken from the peo∣ple, and translated to the Assignment of the King.

II. Lambert 1. cap. 5. pag. 26.* 113.66 If the King do grant unto a man to be a Justice of Peace during his Life, within a certain Precinct▪ without any other words, he shall continue such a Justice during his Life: and shall have all that power that a Warden or Conservator of the Peace had, and perhaps such power also as is given to a Justice of the Peace by express words in any Statute: but he shall not have all that power which is ordi∣narily given to the Commissioners of the Peace by their Commission, Marrow.

III. Lambert 1. cap. 7. pag. 33, 34.* 113.67 And for the better restraint of the increase of Justices of Peace, it was Enacted that no Association should be made to the Justice of Peace after their first Commission, 12 R. 2. 10. § 1. N. 7. which Law though it be not to be Abrogated till this day, yet was it long since ended by making of New Commissions that had more new Justices thrust into them, and truly it seemeth to me, that together with the like ambitious desire of Bearing Rule in some, the growing Number of the Statute Laws Committed from time to time to the Charge of the Justices of Peace, hath been the cause that they also are now again increased, to the overflowing of each Shire at this day, Dalt. 19, 20. cap. 5.

IV. The Form of the Commission of the Peace for each County is as thus in Middlesex, Lambert 1. cap. cap. 8. pag. 35.

Midd' ss.

Carolus secundus Dei Gratia Angliae, Scotiae, Franciae & Hiberniae Rex Fidei Defensoris, &c. precharissimo Consanguineo & Consiliario nostro Principi Ruperto Comiti Palatino Rheni Duci & Cumbriae Constabular' Castri de Windsor, &c. predilecto & fideli consiliario nostro

Heneagio Dom. Finch Dom. Cancellario nostro Angliae,* 114.1 &c. Salutem, 2. sci∣atis quod assignavimus vos conjunctim & divisim & quemlibet vestrum Ju∣sticiarios nostros ad Pacem nostram in Com' nostro Middlesex conservand' 3. ac ad ea omnia Ordinationes & Statuta pro bono Pacis ac pro conserva∣tione ejusdem,* 114.2 & pro quieto regimine & gubernatione populi nostri edita in omnibus & singulis suis articulis in dicto Comitatu nostro tam infra Li∣bertates quam extra, juxta vim, formam, & effectum eorundem custodiend' & custodiri faciend':* 114.3 4. & ad omnes contra formam & Ordinationum, vel Statutorum, vel eorum alicujus in Comitatu predicto Delinquentes casti∣gand' & puniend' prout secundum formam Ordinationum vel Statutorum illorum fuit faciend',* 114.4 5. & ad omnes illos qui alicui vel aliquibus de po∣pulo nostro de corporibus suis, vel de incendio domorum suarum minas fe∣cerint ad sufficientem securitatem de pace, vel bono gestu suo erga nos & populum nostrum inveniend' coram vobis seu aliquo vestrum venire faci∣end', & si hujusmodi securitatem inveniri recusaverint, tunc eos in Prisonis nostris quouscunque hujusmodi securitatem invenerint salvo custo∣diri faciend.* 114.5 6. Assignavimus etiam vos & quoslibet duos vel plures ve∣strum quorum aliquem vestrum vos prefat' Principem Rupertum, Dom. Cancellarium Angliae, &c. unum esse voluimus Justiciarios nostros ad in∣quirendum per Sacramentum proborum & legalium hominum de Comitatu predicto, per quos rei veritas melius sciri poterit de omnibus & omnimodis feloniis, veneficiis incantationibus sortilegiis Arte Magica, transgressioni∣bus forestallariis regratariis, ingrossariis & extortionibus quibuscunque, 7. ac de omnibus & singulis aliis maleficiis & offensis,* 114.6 de quibus Justiciarii pacis nostrae legitime inquirere possunt aut debent per quoscunque & qua∣litercunque in Comitatu predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerit,* 114.7 8. ac etiam de omnibus illis qui in Comitatu predicto in Conventiculis contra pacem nostram in perturbatione populi nostri seu vi armata iverunt vel equitaverunt, seu imposterum ire vel equitare presumpserint, 9. ac etiam de omnibus his qui ibidem ad gentem nostram mahemand' vel interficiend' in insidiis jacuerunt,* 114.8 vel im∣posterum jacere presumpserint, 10. ac etiam de Hostellariis & iis omnibus & singulis personis qui in abusu ponderum vel mensurarum sive in vendi∣tione vectualium contra formam Ordinationum vel Statutorum vel eorum alicujus inde pro communi utilitate regni nostri Angliae & populi nostri e∣jusdem deliquerunt vel attemptanerunt, seu imposterum delinquere vel attemptare presumpserint in Comitatu predicto,* 114.9 11. ac etiam de quibuscun∣que Vicecomitibus Ballivis Seschallisne Constabulariis Custodibus Goala∣rum & aliis Officiariis qui in executione officiorum suorum circa pre∣missa, seu eorum aliqua indebite se habuerunt, aut imposterum indebite se habere presumpserint, aut tepidi remissi vel negligentes fuerunt, aut im∣posterum fore contigerit in Com' predicto,* 114.10 12. & de omnibus & singulis Articulis & Circumstantiis & aliis rebus quibuscunque, per quoscunque & qualitercunque in Com' predicto factis sive perpetratis, vel quae imposte∣rum ibidem fieri vel attemplari contigerit qualitercunque premissorum, vel eorum alicujus concernentibus plenius veritatem,* 114.11 13. & ad indicta∣menta quaecunque sic coram vobis seu aliquibus vestrum capta sive capi∣enda aut coram aliis nuper Justiciariis pacis in Comitatu predicto facta sive capta & nondum terminata inspiciendum ac ad Processus inde ver sus omnes & singulos sic indictatos, vel quos coram vobis imposterum∣indictari contigerit quousque capiantur reddant se vel Utlagentur faci∣end' & continuand',* 114.12 14. & ad omnia & singula felonias veneficia Incanta∣tiones sortilegia Artes Magicas transgressiones forestallarias regratarias in∣grossarias extortiones conventicula Indictamenta predicta ceteraque o∣mnia & singula premissa secundum Leges & Statuta regni nostri Angliae prout in hujusmodi casu fieri consuevit aut debuit audiendum & termi∣nandum

& ad eosdem delinquentes & quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout se∣cundum Legem & Consuetudinem regni nostri Angliae aut formam Ordi∣nationum vel Statutorum predictorum fieri consuevit aut debuit castigan∣dum & puniendum,* 114.13 15. proviso semper quod si casus difficultatis super determinatione aliquorum premissorum coram vobis vel aliquibus duo∣bus vel pluribus vestrum evenire contigerit tunc ad judicium inde red∣dendum (nisi in presentia unius Justiciariorum nostrorum de uno vel de altero Banco, aut unius Justiciariorum nostrorum ad Assizas in Comitatu predicto capiendas assignatorum coram vobis, vel•• aliquibus duobus,* 114.14 vel pluribus vestrum minime procedatur, 16. & ideo vobis & cuilibet ve∣strum mandamus quod circa custodiam Pacis Ordinationum, Statutorum, & omnium & singulorum ceterorum premissorum diligenter intendatis, & ad certos dies & loca, quae vos vel aliqui hujusmodi duo vel plures ve∣strum ut predictum est ad hoc provideritis super permissis faciatis inqui∣sitiones, & premissa omnia & singula audiatis & terminetis, ac ea faciatis & expleatis in forma predicta facturi inde quod ad justitiam pertinet se∣cundum Legem & Consuetudinem regni nostri Angliae salvis nobis Amer∣ciamentis, & aliis ad nos inde spectantibus,* 114.15 17. mandamus etiam tenore presentium Vicecom' nostr' Middlesex, quod ad certos dies & loca (quae nos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ei ut predictum est scire feceritis) venire faciat coram vobis hujusm' duob' vel pluribus vestrum, ut dictum est, tot & tales probos & legales homines de Balliva sua tam infra libertates quam extra, per quos rei veritas in premissis melius sciri poterit & inquiri.* 114.16 18. Assignavimus denique te praefatum Gulielm. Comitem Craven custodem Rotulorum pacis nostrae in dicto Co∣mitatu nostro, ac propterea tu ad dies & loca predicta Brevia, Praecepta, Processus, & Indictamenta predicta coram te & dictis sociis tuis venire facias, ut ea inspiciantur & debito fine terminentur sicut predictum est; in cujus rei testimonium has literas nostras fieri fecimus patentes,

Teste me ipso apud Westminst' 9 die Febr. An. Reg. Nostri 29.

See Crompt. 1. an old Commission for Stafford in Chancellor Elsemore's time. and Crompt. 3. b. 4. a. this new one for Kent, Dalt. 16, 17. cap. 5. the like for Cambridge∣shire and for Ireland, see Bolt. 11, 12. cap. 2.

V. Lamb. 45.* 114.17 This first assignavimus 2. makes them Justices for the con∣servation of his Majesties Peace, by force of which words they have sin∣gularly, dually and plurally both all the ancient power touching the Peace which the Conservator of the Peace had by the Common Law, and al∣so that whole Authority which the Statutes have sithens added thereto, for the more evident Declaration whereof they are immediately after 3. as∣signed to conserve omnia Ordinationes & Statuta pro bono pacis, &c. In which general words there do lye implied not only the several Statutes, 3 Ed. 1 W. 1. 9. & 13 Ed. 1 of Winch. Stat. 2. cap. 1. &c. 28 Ed. 3. 11. 5 Ed. 3. 4. But also whatsoever other Laws and Statutes made either for the arresting of Robbers, Murderers, Felons, and of those that be suspected to be such, or for the repressing of Riots, Affrays, Force and Violence, &c. or for having Armor and Weapon, &c. Dalt. 18. cap. 5.

VI. Lamb. 46. But as the Conservation of the Peace,* 114.18 and the Execu∣tion of the Statutes be several things, so is there in this first rank two di∣stinct ways for the effecting of the same, for 4. the Statutes are to be performed according to such Prescript and Order as themselves do deliver, wherein if no power at all be expresly given to any one Justice of the Peace alone, then can he not otherwise compel the Observation thereof (so far as I can learn) than by Admonition only, and calling upon the Parties in which behalf if he shall not be obeyed accordingly, he is to prefer the Cause at the Sessions, and to work it to a Presentment upon the Statute, and so by the help of his fellow Justices, to hear and determine thereof as Law requireth, Dalt. 18. 19. cap. 5.

But for prevention of the breach of the Peace he hath full Authority hereby. 5. Not only to call the party for the finding of Sureties for the Peace, or for the Good Behaviour, as the Case shall require; but also for not finding such Sureties to Commit him to safe Custody within his Maje∣sties Goal or Prison, Lamb. 77. 84.

* 114.19VII. Lambert 49, 50. Least these Justices should rather Ground their Judgments upon the Number of voices, then upon the weight of reasons, this latter clause is shut up with a proviso and restraint. § 15. That in all Cases of ambiguity and doubt they shall spare to proceed to Judg∣ment, and expect the presence of the Justice of Assize, &c. and yet as Mr. Fitzh. 7. well Noteth, is not their Judgment void if they list to pro∣ceed without such advise, but it standeth good and effectual until it shall be Reversed by a Writ of Error, Crompt. 6. ab.

* 114.20VIII. Lambert 53. The Oath of Office of a Justice of Peace

Ye shall Swear that as Justices of the Peace in the County of M. in all Articles in the Kings Commission to you directed, you shall do equal right to the Poor and to the Rich, after your cunning, Wit and Power, and af∣ter the Laws and Customs of the Realm, and Statutes thereof made. (§ 2.) And ye shall not be of Counsel of any quarrel hanging before you. And 3. That ye hold your Sessions after the Form of Statutes thereof made. And 4. The Issues, Fines, and Amerciaments that shall happen to be made, and all Forfeitures which shall fall before you, ye shall cause to be entred without any Concealment or Imbezelling, and truly send them to the Kings Exchequer. 5. Ye shall not let for Gift or other cause, but well and truly you shall do your Office of Justice of Peace in that behalf, and that you take nothing for your Office of Justice of the Peace to be done, but of the King, and Fees accustomed, and Costs limited by the Statute. And 6. Ye shall not direct or cause to be directed any Warrant by you to be made to the parties, but you shall direct them to the Bayliffs of the said County, or other the Kings Officers or Ministers, or other in∣different persons to do Execution thereof: So help you God, and by the Contents of this Book, in French, Crompt. 10. ab. Dalt. 13. cap. 4.

* 114.21IX. Lambert 56. It would avail greatly to the furtherance of the ser∣vice, if the Ded' potestat' to give these Oaths (viz. of Supremacy and Al∣leigance, &c.) were dirigible to the Justices and none other to Minster the same, not elsewhere, but in their open Sessions.

* 114.22X. Crompt. 7. § 13. 14. By these words, § 3. it appears that the Justices ought to do their Endeavour that these Statutes be kept in all points, and that they in every of their Quarter Sessions should inquire of the Offenders against them, and that they in their Charge given to the Enquests should rehearse, especially the Articles of those Statutes that concern the conser∣vation of the Peace, and the Good Government of the Subjects of the Realm, Fitzh. J. P. 10. & 10. Ed. 3. cap. 6.

* 114.23XI. Crompt. 9. b. § 49. The Justices of the Peace have no power to de∣liver the Goal, unless only of those that are Indicted before themselves, or before other Justices of Peace of the same County according to the power given to them by the Commission, 13 Fitzh. J. P. 14. Crompt. 122. b. § 5. Lambert 541.

XII. Crompt. 10. § 53. By these words (§ 6.) it appears,* 114.24 that two Justices of the Peace may enquire of all Articles expressed in their Com∣mission, though none of them be Justices of the Quorum, but the Justi∣ces of Peace cannot hear and determine the Articles contained in their Commissions, unless one of them be a Justice of the Quorum, unless in special Cases given by Statutes.

XIII. Dalt. 19. cap. 5. By this (Justices of Peace have,* 114.25 13 Ed. 1 Stat. 2. of Winchester in charge) it may appear that the King by his Commission, may commit the Execution of the Statutes and Laws to whom he shall please; and so also a Justice of Peace by vertue of the Commission may execute any Statute whereunto he shall be enabled by the said Commis∣sion, although there shall be no express power given him so to do by the Words or Letter of the same Statute, 22 Ed. 4. Jurisdict. 61. Bract. 108. & 11 Co. 65.

XIV. Dalt. 19. cap. 5. Note also,* 114.26 that there be divers Statutes which be not specified within the Commission, and yet are committed to the Charge and Care of the Justices of Peace; but all such Statutes which do give expresly any power or Authority to the Justices of Peace, are to them a sufficient Warrant and Commission of themselves, though they be not recited in the Commission, and all such Statutes are also to be exe∣cuted by them according as the same Statutes themselves do severally pre∣scribe and set down, Lamb. 33, 34. & Pasch. 11. H. 7. 22. pl. 11. of Rape.

XV. Lamb. 64, 65. It is the opinion of the Court,* 114.27 9 Ed. 4. 3. & 14 H. 8. 16. and of divers other Books in our Law, that every one of the Justices of Peace, even by himself is a Judge of Record, for he is made by the Great Seal, and hath judicial power and hath a Seal, and by Brud∣nell Peace Br. 6. 14 H. 8. 16. if he make any Warrant, though it be be∣yond his Authority, it is not disputable by the Officer, &c. F. N. B. 81. E. Crompt. 120.

XVI. Lamb. 65. Yea,* 114.28 by good opinion 2 H. 7. 1. a Supersedeas of the peace made by one Justice under his Seal being brought into the Sessions, is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice, and it is warrant enough to call the party bound thereupon, and if he make default to record the same.

XVII. Lamb. 67. The Kings Majesty may discharge the Commissioners of the peace by his express Writ under the Great Seal,* 114.29 L. 5 Ed. 4. 32. 137. Judges Br. 19. and if he send a Supersedeas to all the Commissioners of the peace, that will suspend all their Authority, but yet so that it may be renewed by a procedendo, and therefore it doth not utterly determine their Authority, as may be gathered by 12. Ass. 21. Oyer & Term. 4.

XVIII. Lamb. 67. Again,* 114.30 when the Kings Majesty makes other Com∣missioners of the same kind within the same limits, it is implyed thereby for avoiding of Repugnancy in the service, that the former Commissioners shall have no longer power, although there be never a word spoken of the discharge of them, 3 Mar. 1. Commissi. Br. 24. But yet if there be Justi∣ces of Peace by Commission in a whole County, and afterwards the King makes another man Justice of the Peace in one Town of the said County, Choke, only against others was of opinion 10. Ed. 4. 7. Commission Br. 20.

that the power of the first Commissioners continued still in that Town, be∣cause it is not altogether contrariant, and Judge Fineux 20. H. 7. 8. held also, that if the King make a proper Justice of the Peace within a special Liberty, yet may the General Justices of the Peace of that Shire meddle there, unlss there be words of Prohibition in the Patent, &c. but it is plain by the preamble of 2 & 3 Ph. & Mar. 18. § 1. N. 2. that the Law was taken, that if a Commission of the Peace were first granted to certain within a Town, and after another Commission had been grant∣ed to others within the whole Shire, that this had been a Supersedeas to the Commissioners within the said Towns, Crompt. 187. b. 188. a. 189.

* 114.31XIX. Lamb. 68, 69. Howbeit, this Determination of the old Commissi∣on that we speak of, groweth not immediately by the making of a new Commission, but either after the reading or proclaiming of the new Commission at the Sessions of the Peace, or at the full County, or else by holding of some open Sessions by vertue of the new Commission, in all which cases the old Commissioners must take notice of the new Com∣mission, or else after the giving of notice of the new Commission un∣to the old Commissioners, for otherwise all the mean Acts of the old Com∣missioners are good in Law, by Marrow, & 21 H. 6. 29. & 34. Ass. 28. Com∣mission. Br. 14. Crompt. 189.

* 114.32XX. Lamb. 69, 70. It is to be noted, that in all Cases whereby an An∣cient Commission of the Peace is determined by a new, yet no Process or Suit hanging before the old Commissioners shall be discontinued there∣by, 11 H. 6. 6. § N. & 1 Ed. 6. 7.

* 114.33XXI. Lamb. 71. But ask of this, if Commission be repeal'd by the coming of the Justices in Eyr, or B. R. into the County, for if it should be so, then it may be some question also what is wrought by the coming of the Justices of Nisi prius, who do ordinarily bring Commissions of Oyer and Term▪ and of Goal-delivery with them, Crompt. 188. b.

* 114.34XXII. Lamb. 69. Lastly, if Justices of the Peace made pro hac vice, do sit by vertue of their Commission, and do not adjourn the same, it seemeth their Commission Br. 11. 7. is determined thereby, Crompt. 188. b. Quaere.

* 114.35XXIII. Lamb. 80, 81. One Justice of Peace, saith Mr. Marrow, may grant surety of the Peace to any man against one of his fellow Justices &c. Dalt. 163. cap. 68. but I doubt not that one Justice of Peace if he will, may pray surety of the Peace at the hands of his fellow Justice against another person, &c. Crompt. 122. § 36. & 134. b.

* 114.36XXIV. Lamb. 94, 95. If the party shall yield to find surety of the Peace, then may he be at his Liberty (if the Precept proceed ex officio, and with∣out the Writ of Supplicavit) to go to any other Justice of the Peace to offer his surety, for such is the opinion of Fineux, 21 H. 7. 20. Tho. Peace Br. 9. & Faux Imprisonment Br. 11. Dalt. 167. cap. 69. liketh better to give the Election thereof to the Officer F. N. B. 81. Crompt. 89, 90. See 9 Ed. 4. 31. & 5 Co. 59. b. Fosters Ca. and I do remember that a Justice of Peace was by the order of Star-Chamber thrust out of the Commission, on∣ly because he refused to accept surety of the Peace offered unto him upon a Warrant awarded by one of his fellow Justices, to whom the party, as he al∣led'gd, durst not go to give it for fear that he would execute upon him the malice that he bear against him.

* 114.37XXV. Lamb. 96. If a Justice of Peace will by a Supersedeas discharge a Precept for the peace awarded by his fellow Justice, by vertue of his Of∣fice (and not by force of a Supplicavit, which is of a higher nature, and cannot be so avoided) then shall he do well to take the Recognizance of the peace after the self same sort in all points, as the form of the former Precept doth require.

XXVI. Lamb. 120. b.* 114.38 Although the Justices of Peace have power to grant the Good Behaviour either by their own Discretion, or upon the Complaint of others, even as they may that of the Peace, yet I wish rather that they do not command it but only upon sufficient cause seen to themselves, or upon the Suit or Complaint of divers, and the same very honest and credible persons.

XXVII. a. Lamb. 130.* 114.39 A Justice of Peace is undoubtedly (for punish∣ment of Breaches of the Peace) endowed with no less power than every private man, or any Constable hath, as it is plain by 9 Ed. 4. 3. & 14. H. 7. 8.

XXVIII. Lamb. 132.* 114.40 If one do make an Affray upon a Justice of the Peace, Constable, or such other Officer, he may not only defend himself, but may also apprehend the Offender, and send him to the Goal till he will find surety for the Peace, 5 H. 7. 6. and the Justice or Constable may, if need be, command Assistance of the Kings people for the pacifying of an Affray.

XXIX. Lamb. 140.* 114.41 This Statute of 8 H. 6. 9. §. 2. N. 3. enableth any one Justice of the Peace to give remedy in this hurt of Forcible en∣try and holding, and is made as well against such as enter with force and hold them peaceably, and against those that enter in peaceable sort, and then maintain their Possession forcibly, as also against as many as do both enter and hold in forcible manner F. N. B. 148. Crompt. 194. b. § 3. 4. 3 Ed. 419. forcible Entre, Br. 15.

XXX. Lamb. 182. Upon the whole matter,* 114.42 (viz. of 14 H. 7. 8. Ju∣stice of Peace 9. Br. 7, &c.) one Justice of the Peace alone may do somewhat to prevent a Rout or Riot before it be done, and for the stay of it whilst it is in doing, but nothing in effect to punish it as a Riot or Rout when it is committed or done, for as Judge Fineux saith, the Sta∣tute which I take to be 34 Ed. 3. 1. § 1. N. 2. (rather than 13 H. 4. 7. § 1. N. 1. which by express words, requireth two Justices at the least present,) was given as a hasty remedy, and for to prevent a Mischief being immi∣nent, and before the Eye, and therefore the Law shall largely construe the Authority of a Justice of Peace in that behalf, so that he shall neither need to make any precept in Writing, nor to be present in his own per∣son, but may use all reasonable means for Prevention and Stay of the Evil, and yet the ordinary power of punishing Routs and Riots resteth not in his hand alone, but rather belongeth unto two Justices of the Peace.

XXXI. Crompt. 121. § 17. One Justice of Peace may take Rioters,* 114.43 and yet 13 H. 4. 7. § 1. N. 1. speaks of two Justices, for the said Statute is taken largely, as appears 14 H. 7. 8.

XXXII. Lamb. 187. This (to be plain) I do not like,* 114.44 that one Ju∣stice of the Peace should take upon him to bind an Offender against a∣ny penal Law (being within the power of Justices of the Peace, but yet neither comprehended in the Commission, nor committed to the charge of any one of them) to apear at the Sessions to answer to his fault, for although I have seen sundry old Precedents of Attachments made for one Justice of Peace against Laborours to be before the Justices at

their Sessions to answer to their Contempts, yet I am not perswaded, that the like may be done against the Offenders of other Statutes, unless it be therein specially so appointed no more than it might have been done in that case of Laborours it self, had not 25 Ed. 3. 6. §. 1. N. 1. expresly com∣manded it, Crompt. 122. b. § 3. Dalt. 159. cap. 67.

* 114.45XXXIII. Lamb. 189, 190. Every Justice of the Peace is a Conservator of Rivers within his County, and when he may attend it, ought to survey the Weers, &c. 13 Ed. 1. W. 2. cap. 47. § 1. N. 3 & 13 Rich. 2. 19. § 1. N. 6. 17 R. 2. 9. § 1. N. 7. Dalt. 134. cap. 50.

* 114.46XXXIV. Lamb. 190. Any one Justice of the Peace may take upon him to hear and order the Controversies between Masters and Servants touching their departure, §c. 5 Eliz. 4. § N. Crompt. 195, 196. § 16. Dalt. 21. cap. 6.

* 114.47XXXV. Lamb. 191. Upon Information to any Justice of Peace of any unlawful Hunting by night, or with Disguises, &c. in Forrest, Park, or Warren, of any suspected thereof, that Justice may make a Warrant, &c. and may examine him, &c. 1 H. 7. 7. § 1. N. 3. Crompt. 195. b. § 20.

* 114.48XXXVI. Lamb. 191, 192. Every Justice of the Peace may as well within Liberties as without, enter into any common house where un∣lawful Games are kept, 12 R. 2. 6. § N. & 33 H. 8. 9. §. 14. N. 1. Crompt 195. b. § 21. Dalt. 154. cap. 66. & 63. cap. 23.

* 114.49XXXVII. Lamb. 192, 193. The Innkeeper, Victualer, or Ale-house∣keeper that suffers any to continue Tipling in his house, shall forfeit 10 s. and that selleth under measure upon view by one Justice, or upon proof thereof by two Witnesses before any one Justice, &c. 1 Jac. 9. §. 2. N. 6. Dalt. 154. cap. 66.

* 114.50XXXVIII. Lamb. 193. Any Justice of Peace in Lent may enter into common Victualling-houses and seise Flesh forfeit, &c. 1 Jac. 29. §. N. Dalt. 21. cap. 6. & 56. cap. 2.

* 114.51XXXIX. Lamb. 193. Any one Justice of Peace by the large words of the Statute, 17 Ed. 4. 4. § 1. N. 13. (but learn whether it be so to be taken or no) may enquire, hear and determine by his Discretion, as well by Examination as otherwise, Tile-making, &c. Crompt. 195. b. § 23. Dalt. 21. cap. 6. & 155. cap. 66.

* 114.52XL. Lamb. 193, 194. If Soldier imbezel Armor, &c. and escape punishment of Lieutenant, &c. then upon Complaint and due proof of the Offence by Owner, &c. to any Justice of the Peace, he shall by him be committed without Bail, &c. 2 & 3 Ed. 6. 2. §. 4. N. 1. Crompt. 195. b. §. 24. Dalt. 155. cap. 66.

* 114.53XLI. Lamb. 194, 195. If any to whom Agnus Dei, Cross, Picture, Bead, &c. shall be offered, do disclose the name and dwelling of the Offerer to any Justice of the Peace, that Justice must in 14 days next after declare the same to one of the Kings Privy Counsel, 13 Eliz. 2. §. 8. N. 1. Crompt. 195. b. § 25.

* 114.54XLII. Lamb. 195. If Disturbers of Preacher be arrest and brought be∣fore a Justice of Peace, then he upon due accusation shall forthwith commit, the party so taken, by his discretion, 1 Mar. 1. Stat. 2. cap. 3. § 2. N. 1. but enquire if all this Statute be not repealed by 1 Eliz. 2. § 27. N. 1. in general words, Crompt. 195. § 14. Dalt. 155. cap. 66.

XLIII. Lambert 195, 196.* 114.55 Every Justice of Peace may within one Month after Arrival seize all the Goods of any Outlandish persons calling themselves Egyptians, that shall come into this Realm, &c. 22 H. 8. 10. § N. But note that after the Month the Offence is made Felony, and then it seemeth the King is to have the Goods wholly, Crompt. 195. § 13. 1 & 2 Ph. & Mar. 1. § N.

XLIV. Lambert 196.* 114.56 If any one Justice of the Peace do join with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands, Tenements, or Hereditaments lying in that County where he is Justice, it is sufficient as it seemeth by the words of the Statute, 27 H. 8. 16. § 1. N. 2.

XLV. Lambert 196.* 114.57 Every Justice of Peace may examine and search by his Discretion, such as Sell any Candles or other Works of Wax above 4 d. the pound above the price of plain Wax, 11 H. 6. 12. § 1. N. 4. As it seemeth by the large words of that Statute.

XLVI. Lambert 196, 197.* 114.58 Any one Justice of the Peace is Warranted to set on the Pillory in the next Market Town to the place of Offence, any person that hath broken the Assize of Fuell, and is not able to pay Forfei∣ture, &c. 7 Ed. 6. 7. § 6. N. 2. but consider whither a Justice of Peace may convict him of the said Forfeiture or no; for it seemeth by the words of the Statute that he is rather a Minister than a Judge.

XLVII. Lambert 197. A Justice of Peace my appoint Searchers,* 114.59 Watch∣men, Examiners, Keepers and Buryers for Persons and Places Infected with the Plague, give them their Oaths for Performance of their Offices, and other Directions, as to his Discretion shall seem good, 1 Jac. 31. § 9. N. 1. Crompt. 122 § 39. Dalt. 21. cap. 6.

XLVIII. Lambert 197.* 114.60 Any Justice of the Peace of the County where a person above 16 absents from Church, dwelleth, may make Certificat there∣of in Writing in B. R. 23 Eliz. 1. § 5. N. 2. Crompt. 195. § 12. Dalt. 155. cap. 66.

XLIX. Lambert 197. Any Justice of Peace within that County in which any Jesuit, Seminary Priest, or other Priest, Deacon, or Religious or Ec∣clesiastick person mentioned, shall Arrive or Land, may within three days after take the Submission Oath and Acknowledgment of him touching his obedience to the Kings Majesty, and to his Laws and Ordinances provided in Causes of Religion, 27 Eliz. 2. § 10. N. 2.

L. Lambert. 198. The party that doth first discover to any Justice of Peace, any Recusant or other, Entertaining or Relieving any Jesuit, Se∣minary or Popish Priest, or any Mass to have been said, and any of them that were present thereat within three days after the Offence, and by rea∣son of his Discovery, any of the Offenders be taken and Convicted, shall be freed from the Offence, and have the third part of the Forfeiture 3 Jac. 5. § N. Lamb. 294.

LI. Lambert 198, 199.* 114.61 Every Justice of Peace may examine the offences against the Statute, 23 Eliz. 10 §. 2. N. 6. and against Hawkers in Corn, and may take Bond with good Sureties to appear at the next General Ses∣sions of the Peace, to answer the offence, &c. Crompt. 124. b. Crompt. 195. § 8. Dalt. 66. cap. 25.

* 114.62LII. Lambert 199. It seemeth that one Justice of the Peace may upon complaint of the party grieved, examine the Sheriff, Undersheriff, Shire Clerks, and Plaintiff concerning the taking or entring of Plaints in their County Courts, and Books against the Statute 11 H. 7. 15. § 1. N. 10. infra § 138. Lambert 293. Crompt. 195. § 9. 10. Dalt. 154, 155. cap. 66.

* 114.63LIII. Lambert 199, 200. The Certificate of one Justice of the Peace joy∣ned with the Customer of the Place, of the unlading and Selling of Corn or Grain, or Cattle carryed by Water from one place to another of this Realm, unto the Customer and Controller of the place where the same was Imbarked, is sufficient against Forestalling, 5 & 6 Ed. 6. 14. § 12. N. 2. Dalt. 155. cap. 66.

LIV. Lambert 200, 201. If any Bayliff or Constable of any Borrough or other Town shall find any Mault made contrary to 2 & 3 Ed. 6. 16. § N. & 25 Eliz. 14. § N. than with the advice of any Justice of Peace within the Shire, he shall cause the same to be Sold to such persons, and at such reasonable prizes under the Common price of the Market, as to his discretion shall seem convenient, Dalt. 21. cap. 6.

* 114.64LV. Lambert 201. The party Convicted and Committed to Prison by the Justices of Peace, for not obeying this restraint of converting Barley into Malt, must there remain three days, and after that, untill he shall become bound in Recognizance of 40 l. to the Kings use before any Justice of the Peace to obey such his restraint, 39 Eliz. 16. § 1. N. 3.

* 114.65LVI. Lambert 200. One Justice of Peace may take out of Sanctuary cer∣tain persons abjured thither, and others being Indict of some kind of Of∣fences mentioned, done after they became Sanctuary men, and may Com∣mit them to the Goal in the County where the Indictment is found, till they be Tryed, 22 H. 8. 14. § N. Crompt 195. § 7.

* 114.66LVII. 200. No person shall after he shall be Robbed bring any Action upon any the Statutes concerning Hue and Cry, except he shall first with∣in Twenty days next before such Action brought, be examined upon his Corporal Oath before some one Justice of the Peace of the County where∣in the Robery was Committed, Inhabiting within or near the Hundred, &c. then also shall he before such Action be brought, enter into Recogni∣zance before the same Justice, effectually to prosecute such persons known, &c. 27 Eliz. 13. § 11. N. 2.

* 114.67LVIII. Lambert 201. By Warrant of any one Justice of Peace, the Con∣stables and Churchwardens of every place wherein destroying of the Spawn and Brood of Fish is Commit, may levy the Forfeitures by di∣stress and Sale, 3 Jac. 12. § 2. N. 3.

* 114.68LIX. Lambert 201, 202. Every Justice of Peace as it seemeth within the Shires next adjoyning to the River of Thames, within his several Juris∣diction, hath power upon complaint made unto him by the Overseers and Rulers of the Water-men and Wherry-men, or two of them, or by the Masters of any such Servants, both to examine, hear and determine all of∣fences against the Statute, and to set at large him that shall be Imprisoned by such Overseers, or Rulers if there be just cause, and also by his discre∣tion to punish those Overseers and Rulers, 2 & 3 Phil. & Mar. 16. § 6. N. 1. Cromp. 194. § 2. Dalt. 155. cap. 66.

LX. Lambert 202.* 114.69 Any Justice of Peace within six Months after the Sale in Market overt of any stoln Horse, Mare, Gelding, Colt, or Fillye, may take the claim, and hear the proof of the right Proprietors thereof, 31 Eliz. 12. § 4. N. 1.

LXI. Lambert 202.* 114.70 Any one Justice of the Peace may within three Months after the Conviction of any Seditious Sectarie, require the Sub∣mission of him to Conformity, and in default thereof may require him to abjure the Realm, 35 Eliz. 1. § 2. N. 1.

* 114.71LXII. Lambert 202. Any Justice of Peace may appoint any person to be openly Whipped Naked untill his or her Body be Bloody, that shall be taken Begging, Wandring, or disordering him or herself, and is de∣clared by the Statutes to be a Rogue, Vagabond, or Sturdy Beggar, 39 Eliz. 4. § N. & 1 Jac. 7. § N. Crompt. 96. Dalt. 21. cap. 6. & 155. cap. 66. & 122. cap. 47.

LXIII. Lambert 209. 210.* 114.72 Upon any Information given to any Justice of the Peace against suspected Users of Logwood (alias Blockwood) such Justice may by his Warrant or other Commandment cause to come before him, and examine by Oath or otherwise, the Servants or Work-men of such suspected, or others, and on finding the same, to Bind with Surety to the next Goal Delivery, or Quarter Sessions of that County, and on refusal to Commit to the next Goal, &c. 39 Eliz. 10. § 2. N. 2. Crompt. 198. b. Dalt. 48. cap, 18.

LXIV. Lamb. 210. Every Justice of the Peace of any of the Counties on the North side of Trent, hath some power in searching out the deceit of stray∣ning or stretching those Country Clothes, Kersies, Cottons, &c. 39 Eliz. 20. § N.

LXV. Lamb. 210. Every Justice of Peace before whom any person Arrested for Manslaughter or Felony, or Suspition thereof, shall be brought,* 114.73 ought before Commitment to take Examinations &c. in Writing, and Bond to appear and give Evidence next Goal Delivery, 2 & 3 Ph. & Mar. 10. § 2. N. 2. Crompt. 194. b. § 1.

LXVI. Lambert 292, 293.* 114.74 The Assess made at the Easter Sessions of the Peace upon every Parish in the County, shall yearly in default of the Parishioners, and in default of the Constables there, be rated by order of such Justice of Peace as shall dwell in that Parish, or if none so be dwell∣ing in the parts next adjoyning, and in default of the Church-wardens and Constables, any Justice of Peace within the limit, may levy the same by Distress and Sale of Goods of any person refusing or neglecting to pay his portion thereof, and in default of Distress to Commit &c. 43 Eliz. 2. § 13. N. 1.

LXVII. Lambert 293, 294. Any one Justice of Peace of that Limit,* 114.75 Division, or Liberty where the party dwelleth, upon proof by Confession in not repairing every Sunday to some Church, &c. according to 1 Eliz. 2. § N. And if he or she cannot make a sufficient excuse thereof, the same Justice may give his Warrant to the Church-Warden of the Parish where the Offender dwelleth, to distrain for 12 d. for every such default, and for want of Distress, to Imprison the Offender, &c. 3 Jac. 4. § 27. N. 2. Dalt. 104. cap. 45.

* 114.76LXVIII. Lambert 294, 295. Such Justice of Peace as Committed for any offence of refusing to pay Charges for conveying to Prison, may give his Warrant to the Constable to Sell such Goods of the Offender as will satisfie the Charge, and if he have none, the Parish where he was appre∣hended shall be Taxed, and on refusal to pay, Distress and Sale by War∣rant from the said Justice or any other neer adjoyning to the Constable, &c. 3 Jac. 10. § 2. N. 1. Dalt. 103. cap. 43.

* 114.77LXIX. Lambert 295. Every person finding or seeing any to offend against the Statute against shooting in Cross-bows and Hand-guns, may Arrest and bring or convey him to the next Justice of the Peace of the County where he was found offending, who upon due Examination and proof, may by his discretion Commit, till payment of the Forfeiture, Crompt. 195. § 6. 33 H. 8. 6. § 16. N. 1. Dalt. 155. cap. 66.

* 114.78LXX. Crompt. 122. § 33. One Justice of Peace who was not of the Quorum rebuked a Justice who was of the Quorum; yet he cannot Com∣mit him to Prison, nor no other of his Companions can Commit him to Prison for this Cause, because that all are by one Authority, and therefore he hath no Remedy if the King will not Amove him, 3 H. 7. Fitzh. J. P. 3. See if it be in open Sessions that one abuseth another, it seemeth that the others may bind him to the Peace.

* 114.79LXXI. Crompt. 195. § 5. One Justice of Peace may present to the next Sessions the High-wayes not sufficiently repair'd, 5 Eliz. 13 § 8. N. 3. Dalt. 67. cap. 26.

* 114.80LXXII. Crompt. 195. § 15. One Justice of Peace may Commit him that is vehemently suspected to offend against the Statute of 23 Eliz. 2. § N. touching the speaking of Slanderous News, &c. against the King that now is, Dalt. 102. cap. 42.

* 114.81LXXIII. Crompt. 195. b. Sect. 19. One Justice of Peace may Commit to Prison Rogues, Vagabonds, and Sturdy Beggars, being above the age of 14. there to remain untill the next Sessions or Goal Delivery which first happen, 14 Eliz. 5. § N.

* 114.82LXXIV. Crompt. 195. b. § 20. The Examination by one Justice of Peace for Hunting in Parks, &c. against 1 H. 7. 7. § 1. N. 3. is Good, Lamb. 191.

* 114.83LXXV. Crompt. 195. b. § 16. One Justice of Peace may suppress them who do any thing against the Statute of Rebellious Assemblies, 1 Mar. 1. Stat. 2. cap. 12. § N.

* 114.84LXXVI. Dalt. 154. cap. 66. One Justice of Peace on view may punish persons that shall ride or go Armed contrary to 2 Ed. 3. 5.

* 114.85LXXVII. Crompt. 75. Tho one Justice may execute the said Statute, 8 H. 6. 9. of Forcible Entry, its better to have two or more to avoid par∣tiality.

* 114.86LXXVIII. Lambert 3. cap. 1. p. 308, 309. It is universally true that what∣soever thing one Justice of the Peace alone is permitted to do either for the conservation of Peace, or in the Execution of the Commission or Sta∣tutes, the same also may be no less lawfully performed by two or more Ju∣stices, except it be in a very few Cases, where some Statutes do seem espe∣cially to appropriate the Execution thereof to some one certain Justice, ei∣ther in respect that he is next to the place eldest of the Quorum, or the like.

* 114.87LXXIX. Lambert 318. If two Justices of the Peace without the Sheriff, or Under-Sheriff, shall see certain persons in doing any Riot, they may cause them to be Arrested, and may make a Record of that Offence, where∣of the parties shall be for ever concluded, Fitzh. J. P. 9. whereto he ad∣deth in his Book of Justices of Peace fol. 17. that if two such Justices shall make such a Record, where in truth they saw no such Riot, that yet the parties shall be Estopt, and are without remedy, 8 H. 6. 14. § 1. N. 11. Crompt. 199. ab.

LXXX. Lamb. 329. Any two Justices of the Peace,* 114.88 upon complaint that any Servant retained by the Statute departeth before the end of his Term, or at the end thereof without a Quarters warning: or that any per∣son compellable by the Statute to serve, doth refuse to serve for the Wages appointed, may examine the matter, and finding such Servant or Person faulty may commit him to Ward, there to remain till he shall be bound to the party offended, to serve and continue according to the Statute, 5 Eliz. 4. § 9. N. 5. Crumpt. 198. Dalt. 21. cap. 6 & 154. cap. 66.

LXXXI. Lamb. 330.* 114.89 Any two Justices of the Peace may make Testimo∣nial to a Serving-man that is turned away from his Master, or whose Master is dead, 14 Eliz. 5. §. N. 18 Eliz. 3 §. N. Crumpt. 198.

LXXXII. Lamb. 330.* 114.90 Any two Justices of the Peace may give assent to the Church••Wardens and Overseers, or to the greater part of them, to bind as Apprentices the Children of poor Parents, Men till XXIV, and Women till XXI, 39 Eliz. 3 §. N.

LXXXIII. Lamb. 330.* 114.91 Any two Justices of the Peace may dispose of the monys rising by the deceitful stretching of the Northern Cloth, &c. 39 Eliz. 20.

LXXXIV. Lamb. 330.* 114.92 Any two Justices of the Peace may by Warrant under their Hands and Seals, cause to be Levyed by Distress and Sale of the Goods of the Offender, all Fines and Forfeitures that shall grow by the con∣fession of the Offender, or by proofs of two lawful and sufficient Witnesses before them upon this Statute of Rogues, 39 Eliz. 4. § 11. N. 2.

LXXXV. Lamb. 330.* 114.93 Any two Justices of the Peace may give allowance for urgent and necessary occasions, to remain in an Inn, Victualing house, or Ale-house, 1 Jac. 9. § 2. N. 5.

LXXXVI. Lamb. 331.* 114.94 Any two Justices of Peace may duly Convict by two Witnesses, or by the Party's confession, any person that shall disturb the restraint of Maulting made in open Sessions, and shall commit him to Prison without Bail or Mainprise for three days, and until that he become bound in 40 li. to some one Justice to perform such restraint, 39 Eliz. 16. § 1. N 2.

LXXXVII. Lamb. 331.* 114.95 Such two Justices may License diseased Persons living of Alms, to travel without begging to Bath, or to Buckstone for re∣medy of their Griefs, 39 Eliz. 4. § 7. N. 1. Crumpt. 198, ab 199. b.

LXXXVIII. Lamb. 331. By the oversight of any two Justices,* 114.96 and XII discreet Men of the Hundred and Hundreds adjoining, any person within the Weald of Kent may make in his own Land a new High-way, more Com∣modious then the old, 14 H. 8. 6. § 2. N. 1. Crumpt. 198. b.

LXXXIX. Lamb. 331.* 114.97 Two such Justices may once every year appoint Overseers for that whole year following, of Cloth to be made or sold in any Town not being Corporate, and may charge them upon their Oaths to see execution of some parts of the Statute yet in force, 3 & 4 Ed. 6. 2. § 9. N. 1. Crumpt. 198. b. Dalt. 21. cap. 6.

XC. Lamb. 331, 332. Within six days after Accusation had,* 114.98 That any person hath disturbed a Preacher, and after his committing to safe custody by one Justice of the Peace, another Justice of that Shire must join with him in the Examination of the Offender, and may proceed to find him Guilty by his own confession, or by two Witnesses, and thereupon commit him to the next Goal for three months, 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. Crumpt. 198. b. Dalt. 102. cap. 41. & 154. cap. 66.

XCI. Lamb. 332, 333.* 114.99 All the offences committed against 1 Jac. 27. made against shooting in Hand-Guns, and for the preservation of the Game of Fesants and Partridges, and against the destroying of Hares with Hare∣pipes, and tracking Hares in the Snow may be examined, heard, punished, and determined by any two Justices of Peace out of the Sessions, Dalt. 87. cap. 37. & 154. cap. 66.

* 114.100XCII. Lamb. 333. If any person that ought to be set to the Subsidy, do by craft or cunning escape the Taxation, and that be proved before two Justices of Peace of that County, then shall he be charged at the double va∣lue of so much as he ought to have been Taxed at, and shall further be punished at the discretion of the said Justices, 39 Eliz. 27. §. N. And divers former Acts of Subsidy.

* 114.101XCIII. Lamb. 333. Any two Justices of the Peace of the County where any of His Majesty's Subjects (not being a Jesuit, Seminary Priest, or other Priest, Religious or Ecclesiastical person, &c) now being, or which here∣after shall be of or brought up in any Colledge of Jesuits, or Seminaries, shall arrive within six months next after Proclamation to be made in that behalf in the City of London, under the Great Seal of England, may within two days next after such Return, receive his submission under the Oath, (1 Eliz. 1. § 19.) 27 Eliz. 2. § 5. N. 1.

* 114.102XCIV. Lamb. 333, 334. Any two Justices of Peace may require any Po∣pish Recusant, not making submission according to this Statute, to abjure the Realm upon his Corporal Oath before them, 35 Eliz. 2. § 8. N. 4.

* 114.103XCV. Lamb. 334. Any two Justices of the Peace of the County where he shall arrive, may take the submission of a person reconciled to the See of Rome within six days after such persons return into this Realm, and mi∣nister the Oath set forth, 1 Eliz. 1. § 19. N. 4. & 3 Jac. 4. § 24. N. 1. And are to certifie the same Oaths so taken at the next Quarter Sessions, upon pain of forfeiture of 40 li.

* 114.104XCVI. Lamb. 334. Any two Justices of the Peace may search the Hou∣ses and Lodgings of every Popish Recusant Convict, or of every person whose Wife is a Popish Recusant Convict, for Popish Books, and Reliques of Popery, and deface them, or if of value reserve to the General Sessions, 3 Jac. 5. § 26. N. 1.

* 114.105XCVII. 1 & 2 Phil. & Mar. 13. § 3. N. 1. Any Arrested for suspicion of Man-slaughter, or Felony, shall not be let to Bayl or Mainprise by any Ju∣stices of Peace if it be not in open Sessions, except it be by two Justices of Peace at the least, whereof one to be of the Quorum, and the same Justices to be present together at the time of the said Baylment or Mainprise, &c. Lamb. 339. Crumpt. 198. b.

* 114.106XCVIII. Lamb. 343, 344. Out of Sessions, and before Indictment a Ju∣stice of Peace was no Judge of Record by the Commission, unless the Party were Prisoner, &c. And on the other side, It seemeth that two Justices of the Peace, the one of them being of the Quorum, may out of the Sessions Bayl such as come into Prison by the Process of the Sessions made upon Penal Laws, not forbidding Bayl, because two such Justices be competent Judges of all those matters, insomuch as they may hear and determine them.

* 114.107XCIX. Lamb. 349. Two Justices of the Peace (the one being of the Quortum) may prohibit and remove common Ale-selling, and may also allow the same, taking Bond with Surety by Recognizance for good rule to be kept in such Ale-house, &c. by their discretion: And may also Commit and Imprison, for three days, those that keep common Ale-selling of their own heads, against Prohibition, or without Allowance thereof, and may after take Recognizance of them, with two Surties, that they shall keep none, 5 & 6 Ed. 6. 25. § 1. N. 2. Crumpt. 198, 199. Dalt. 21. cap. 6.

* 114.108C. Lamb. 351, 352. Two Justices of the Peace, so that the one be of the Quorum, may by Examination or Inquiry, hear and determine the defaults of Head-Officers in Cities, Boroughs, and Market-Towns, that do not twice yearly view and examine Weights and Measures, and break and burn the defective: As also the defaults of Buyers and Sellers by other Weights and Measures then they ought to do, and may break and burn the defective

Weights and Measures, and Amerce and Fine the Offenders by their dis∣cretion, and make Process against them, as if they were Indicted of Trespass against the Peace, 11 H. 7. 4. § 1. N. 13. 12 H. 7. 5. §. N. Crumpt. 199. b. Dalt. 22. cap. 6. & 154. cap. 66.

CI. Lamb. 352. Two Justices of the Peace, the one being of the Quorum,* 114.109 may take the Oath of the Under-Sheriff of their County before that he me∣dle with the exercise of that Office, as well of Supremacy, 1 Eliz. 1. § 19. N. 4. as of Office, 27 Eliz. 12. §. N.

CII. Lamb. 352.* 114.110 The Bishop and his Chancellor shall call the two Justi∣ces of Peace next inhabiting to any Hospital, to assist them in taking the ac∣count of such as have had the Collection of the Revenues and Profits of such Hospital, and they three may charge the Accountant under penalty to lose such Sum of Mony as they shall think meet to account, and not to delay it, &c. 14 Eliz. 5. §. N. & 39 Eliz. 18.

CIII. Lamb. 352, 353. Two Justices of the Peace,* 114.111 the one being of the Quorum, in or next to the limits where the Parish Church is, in which a Bastard Child left to the charge of the Parish shall be born, ought to take or∣der by their discretion, as well for the relief of the Parish and keeping of the Child, as also for the punishment of the Mother, and reputed Father thereof, 18 Eliz. 3. § 2. 2. N. Crumpt. 199. Dalt. 37. cap. 11.

CIV. Lamb. 353. Two Justices of Peace, the one being of the Quorum,* 114.112 upon complaint by any competent Judge of Tythes, for any misdemeanour of the Defendant in a suit of Tythes, may cause him to be attached or com∣mitted to Ward, till he find Surety unto him by Recognizance to the King's use, to obey the Process and Sentence of that Judge, 27 H. 8. 20. § 1. N. 7. Crumpt. 200.

CV. Lamb. 353.* 114.113 Also upon complaint in writing by an Ecclesiastical Judge, that hath given definitive Sentence in Case of Tythes, against one which wilfully refuseth to pay the Tythes, or Sums of Mony so adjudged, two such Justices may cause the party to be attached and committed to the next Goal, till he find such Surety as is aforesaid to perform that Sentence, 32 H. 8. 7. § 4. N. 1. Certificat. Br. 31.

CVI. Lamb. 353, 354.* 114.114 After Execution had for the party Robbed against the Men of the Hundred, and upon complaint made by them so charged, two Justices of the Peace, one being of the Quorum, of the same County, inhabiting within the said Hundred, or near unto it, where any such Exe∣cution shall be had, may Assess and Tax, ratably and proportionably by their discretions all and every the Towns, Parishes, Villages and Hamlets, as well of the said Hundred, as of the Liberties within the same, towards an equal Contribution to be had for the relief of them, against whom such Exe∣cution was had, Dalt. 22. cap. 6. 27 Eliz. 13. §. 5. N. 1.

CVII. Lamb. 354. Two Justices of Peace,* 114.115 whereof one to be of the Quo∣rum, which were present at the Session wherein any person was Convicted for any offence against the Statute 27 Eliz. 19. § 2. N. 3. of High-ways with∣in the Wield of Kent, Surry, or Sussex, may make Warrant for levying the forfeits thereof to any Officer, and they also may appoint by their discretion such ways and means to levy the doubles, for not paying those forfeits within twenty days next after lawful demand of the same by such Officer, 39 Eliz. 19. § 4. N. 6.

CVIII. Lamb. 354.* 114.116 Any two Justices of the Peace have power to hear and determine all Causes that shall grow in Question by the Statute of Rogues, 39 Eliz. 4. Dalt. 21. cap. 6. & 154. cap. 66.

CIX. Lamb. 354. Two Justices of Peace of, or near the place to which a Soldier, or Mariner cometh with a Testimonial of one Justice of Peace, shall take order by their discretion for setting to work, or relieving of him, if he cannot of himself get work there, or imploy himself in lawful course

of Life, 39 Elizab. 17. §. 6. N. 1. Dalton 22. cap. 6.

* 114.117CX. Lamb. 355. Two Justices of Peace dwelling next any City, or Town where any Retailer of Woollen Cloth shall present unto them any defective Cloth against this Statute, 5 & 6 Ed. 6. 6. §. 31. N. 1. being conferred with 4 & 5 Phil. & Mar. 5. § 34. N. 1. shall cause the same to be cut into three equal parts, whereof the one to be to the King, and the other to the Pre∣senters, and the third to the Justices themselves, Crumpt. 200. Dalt. 21. cap. 6. & 154. cap. 66.

* 114.118CXI. Lamb. 355. No Fisher-man shall be taken to serve as a Mariner by the King's Commission, but by the choice of two Justices of the Peace adjoining to the place where he is to be taken, 5 Eliz. 5. § 43. N. 1. Crumpt. 200. Dalt▪ 86. cap. 34.

* 114.119CXII. Lamb. 355. Two Justices of Peace, not being of Kindred, Alliance, Counsel or Fee to the Lord, or Owner of a wood appointed by the more part of the Justices of Peace at their Sessions, upon complaint of the Lord made unto them, may divide and set out the fourth part of it, if the Lord and Commoners thereof, being first called before them, cannot agree upon it, 35 H. 8. 17. § 7. N. 2. Crumpt. 200. ab.

* 114.120CXIII. Lamb. 335, 336. Two Justices of the Peace, whereof the one to be of the Quorum, appointed by the Custos Rotulorum, or by the eldest of the Quorum in his absence, are to Oversee and Controul the Sheriffs Books, and Amerciaments; and the Estreats of the said Amerciaments are to be made by Indentures betwixt them and the Sheriff, or Under-Sheriff, and to be sealed with their Seals; and they may, upon suggestion, make Process, as in an Action of Trespass, against the offenders to answer, 11 H. 7. 15. § 1. N. 17. Crumpt. 200. b.

* 114.121CXIV. Lamb. 356, 357. Two or more Justices of the Peace, whereof one to be of the Quorum, dwelling in or near the Parish, or Division where the Parish is, must nominate yearly in Easter week, or within one month after Easter, under their Hands and Seals, four, three or two, &c. to be Over∣seers of the poor, and the Church-Wardens, and Overseers, with the con∣sent of two or more such Justices of Peace, set the Poor on work, Tax In∣habitants, and bind Children out, excuse to be allowed by two Justices, and accounts yearly, &c. And two such Justices may Tax any other Parish with∣in the Hundred to contribute, to levy, and in default to commit, 42 Eliz. 2. § 1. N. 1. &c. Dalt. 154. cap. 66.

* 114.122CXV. Lamb. 357. The offences of Clothiers or others in not paying so much Wages to their Weavers, Spinsters, &c. as shall be rated according to this Act, being confessed by the Offender, or proved by two sufficient Witnesses before two Justices of the Peace, whereof one to be of the Quo∣rum, the person offending shall forthwith stand Convicted thereof, and the forfeiture of 10 s. to the party grieved, to be levyed by Distress and Sale, by Warrant from the same Justices, 1 Jac. 6. § 7. N. 2. Dalt. 21. cap. 6. & 156. cap. 66.

* 114.123CXVI. Lamb. 357. Any two Justices of Peace of any City, Borough, Town Corporate, and places Priviledged, may Assess the Inhabitants thereof at such reasonable Taxes as they shall think fit, for relief of persons Infe∣cted with the Plague, and dwelling in houses Infected, to be levyed by Warrant of two such Justices of Peace, and in default of Goods to commit, &c. 1 Jac. 31. § 2. N. 1. Dalt. 21. cap. 6.

* 114.124CXVII. Lamb. 358. Two Justices of the Peace, the one being of the Quorum, may require any person of Eighteen years of Age, or above, Convict or Indicted for Recusancy, for not repairing to Divine Service, or which hath not received the Sacrament twice within the year then next past, or any unknown person passing through the County, confessing, or not denying, being Examin'd upon Oath, him or her self to be a Recusant,

or that he or she received not the Sacrament, other then Noblemen or Noblewomen, to take the Oath in this Statute appointed, and are to cer∣tifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath, and to commit refusers to the common Goal with∣out Bail until next Assizes, or Quarter Sessions, 3 Jac. 4. § 13. N. 2. &c. Dalt. 87. cap. 36.

CXVIII. 5 & 6 Ed. 6. 24. § 2. N. 1. No person to make Felts,* 114.125 Hats or Coverlets, but by License by Mayor, Recorder, Steward, and two Justices of Peace of the said City of Norwich, or by four of them, &c. Lambert 359.

CXIX. 35 H. 8. 11. § 4. N. 1. Provided,* 114.126 That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament, Lamb. 359.

CXX. 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire,* 114.127 till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland, Quorum unus, to appear on six days notice before them, or at any Sessions, &c. Lamb. 359.

CXXI. Lamb. 359.* 114.128 That two Justices have power on 2 & 3 Phil. & Mar. 15. §. N. & 13 Eliz. 21. §. N. for prohibition of Purveyors within five miles of either of the Universities.

CXXII. Lamb. 359. Two Justices of Peace, one of the Quorum,* 114.129 have power on 14 H. 8. 6. §. N. & 26 H. 8. 7. §. N. for laying out new High∣ways in Kent and Sussex.

CXXIII. Lamb. 359. Two Justices, Quorum unus, have power for repair of Cardiff Bridge, 23 Eliz. 11. §. N.

CXXIV. Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford, 39 Eliz. 24.

CXXV. Lamb. 359. The like for repair of Chepstow Bridge, 3 Jac. 23.

CXXVI. 35 Eliz. 6. § 2. N. 4.* 114.130 None to Erect new Building for Habita∣tion within three Miles of London, except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands, or shall be adjudged by the two next Justices of Peace by wri∣ting, under their Hands and Seals, to be fit and able to be Assessed in the Subsidy at that rate, &c. Lamb. 359.

CXXVII. Crumpt. 199. b. Two Justices of Peace may give License to Fencers, Bearwards, Common-Players in Enterludes, Minstrels, Juglers,* 114.131 Ped∣lers, Tinkers, and petty Chapmen to go, so that they shall not be taken for Rogues, 14 Eliz. 5. 39. Eliz. 4. §. N.

CXXVIII. Lamb. 360.* 114.132 Three Justices of the Peace one of them being of the Quorum, may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was mo∣ved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. §. 11. N. 1. & 1 Eliz. 17. §. N. Crumpt. b.

CXXIX. Lamb. 360.* 114.133 It is requisite that the Certificate that is to be made to the head Officer of a City, or Town Corporate, where a Child is to be put Apprentice to a Merchant, Mercer, Draper, Goldsmith, Ironmonger, Im∣broyderer or Clothier, that the Father or Mother of such Child, may dispend forty Shillings freehold by the year, be under the Hands and Seals of three Justices of the Peace, where the Lands lye, 5 Eliz. 4. §. 27. N 2. Crumpt. 200. b.

CXXX. Lamb. 360. 361. Four Justices of Peace of the County,* 114.134 Limit or Division, where a Recusant is confined according to the Statute of 35 Eliz. 1. §. N. With the assent in writing of the Bishop of the Diocess, or of the Lieutenant or Deputy Lieutenant of the same County, under their hands and Seals, may give licence to such Recusant, to travail about his necessary business according to the limitation of the same licence (the Party licenced,

first taking his Oath, that he hath truly informed them of the Cause of his Journy, and that he shall not make any causless stayes 3 Jac. 5. §. N.

* 114.135CXXXI. Lamb. 361. The Bishop and his Chancellor and three such Ju∣stices of the Peace, have power to examine how mony or other relief ap∣pointed by King H. 8. or any other to the use of the Poor, or of amending of High-ways, or Bridges is bestowed, and to call to account the Detainers thereof, 14 Eliz. 5. §. N. 29 Eliz. 18. §. N. Crumpt. 200. b.

* 114.136CXXXII. Lamb. 361. It seemeth that three such Justices of the Peace, may out of the Sessions, take Information and Accusation by the Oaths of two honest Persons, against such as shall deprave the Sacrament of the Body and Blood, of our Lord and Saviour Jesus Christ against the Statute, and Ex∣amine them what other Witnesses were then by, and to bind them all by re∣cognizance to give in Evidence at the day of Tryal, 1 Ed. 6. 1. §. N. but enquire of this matter, Dalt. 133. 134. cap. 49. Crumpt. 124. a.

* 114.137CXXXIII. Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum, may where a decayed Bridge is, and where it cannot be proved who or what Lands be chargeable to the repairing thereof, tax the Inhabitants, make Collectors, and appoint Overseers for the amendment of the same &c. 22 H. 8. 5. Crumpt. 200. b. 125.

* 114.138CXXXIV. Lamb. 362. Six Justices of the Peace may in sundry Shires, take order for the common Goals whereof the Sheriff shall have the Custo∣dy, and to the which Murderers, and Felons, &c. shall be sent, and may do and perform divers incidents thereto by the Statutes, 23 H. 8. 2. §. N. & 13 Eliz, 25. §. N. Crumpt. 200. b. 201. a.

* 114.139CXXXV. Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers, execute the Laws of the Commissioners of Sewers, unless that a new Commission of Sewers be published within the year, 13 Eliz. 9. §. N. Dalt. 134, cap. 50. Crumpt. 201.

* 114.140CXXXVI. 34 & 35 H. 8. 26. §. 57. N. 1. The Justices of Peace in Wales, or two of them at the least whereof one to be of the Quorum, shall and may keep their Sessions within the limits of their Commissions four times in the year, and at other times upon urgent Causes, as Justices of Peace in England use to do, and shall have like Power and Authority in all things and fees, &c. Lamb. 362. so in Cheshire by, 27 H. 8. 5. §. 7. N. 1.

* 114.141CXXXVII. Lamb. 365. 366. The Statutes do now and then correct the dulness of these Justices with some strokes of the Rod or Spur, and there∣fore generally if a Justice of Peace will not give remedy to a Party grieved in any thing that he may hear, determine or execute, then upon complaint to the Justices of Assize, or to the Lord Chancellor, he shall not only be put out of the Commission by the Lord Chancellor, but shall also be pu∣nished according to his demerits, 4 H. 7. 12. §. 1. N. 5. Crumpt. 144. Lamb. 94. 95.

* 114.142CXXXVIII. Lamb. 293. The Custos Rotulorum, or the Eldest of the Quo∣rum in his absence ought at the general Sessions after St. Michael, to ap∣point two Justices of the Peace, the one being of the Quorum, to have the Oversight and Controlment of the Sheriffs entring of Plaints and Amer∣ciaments, and one of those Justices may Examine, and without further en∣quiry convict the Gatherers of the same Amerciaments, if they gather any more Mony then is contained in their lawful Estreats, 11 H. 7, 15. §. 1. N. 20. Dalt. 136. 137. cap. 51. Crumpt. 195. §. 10.

* 114.143CXXXIX. Lamb. 4. cap. 1. pag. 373. A Sessions of the Peace, is an As∣sembly of any two or more Justices of the Peace (one of them being of the Quorum at a certain day and place within the limits of their Commission appointed to enquire by a Jury, or otherwise to take knowledg and there∣upon to proceed to hear and determine according to their power for

Causes within their Commission and the Statutes referred to their Charge.

CXL. Lamb. 375.* 114.144 The Justices of Peace do at their Sessions take Know∣ledg of Causes within their Jurisdiction, either by the Oath of the Inqui∣rers or by the presentment or declaration of other Men; and this Inquiry is first prepared by the appearance of the Officers and Country: and by the Articles given in Charge, and then performed by the Presentment or Indictment of them that had the Charge to make it.

CXLI. Lamb. 375. 376. Now albeit that these Sessions be commonly and most orderly summoned by a Precept in writing,* 114.145 yet is it not altoge∣ther of necessity for the making of a lawful Sessions to have it so, for if competent Justices of the Peace do get men to serve, and thereupon do hold a Sessions without any Precept before directed, all presentments made be∣fore them by twelve lawful men shall be of force in Law: but no man shall lose any thing for his default of appearance there, because no man had notice of their sitting by Marrow.

CXLII. Lamb. 376.* 114.146 A Precept to Summon the General Sessions of the Peace, &c.

Kanc. ss.

E. H. Miles & R. H. armig' Duo Justiciar' Domini Regis ad pacem in Com' K. conservand' nec non ad diversas felonias transgressi∣ones & alia malefacta in dicto Comitatu perpetratu Audiend' & terminand' assignat' vicecom. ejusdem comitat' Salutem. Ex parte dicti Domini Regis tibi precipimus quod non omittas propter aliquem libertatem in Balliva tua quin eam ingrediaris: & venire facias coram nobis vel sociis nostris Justiciariis pa∣cis, &c. tali die, &c. proximè futuro apud Maidstone in Com' predicto tam 24 probos & legales homines de Quolibet hundredo in Balliva tua quum 24 milites & alios probos & legales homines de corpore Comitatus▪ tui tam infrà libertates quum extrà quorum Quilibet habeat xl. s. redditus terrarum & tenement. libe∣rum per Annum ad minus ad Inquirendum & ibidem super hiis quae ex parte dicti Domini Regis iis injungentur; scire facias etiam omnibus coronatoribus co∣mitatus tui seneschallis constabulariis, subconstabulariis & Ballivis libertatum Infrà hundreda & libertates predicta quod sint tunc ibi ad faciend' & perim∣plend' ea quae ratione officiorum suorum sunt facienda: proclamari preterea fa∣cias per totam Ballivam tuam in locis Idoneis predictam Sessionem pacis ad diem & locum predict' fore tenendum & tu ipse tunc sis ibidem ad faciendum & exer∣cendum ea quae ad officium tuum pertinent' & habeas ibi tunc tam nomina Jura∣torum Coronatorum senechallorum Constabulorum subconstabulariorum & Balli∣vorum predict' quum hoc preceptum Datum sub sigillis nostris apud Shoreland in Com. predict' 16 Maii An. Regni &c.

Lamb. 614. of special Sessions Dalt. 532. 533. cap. 185. the new Edition.

CXLIII. Lamb. 377. 378.* 115.1 This Preceipt may be made as here it is by any two Justices of the Peace, so that the one of them be of the Quorum, for two such may hold a Session of the Peace, as it doth plainly appear by the Commission, and therefore as Mr. Marrow saith, it sufficeth not to have it run under the name of the Custos Rotulorum alone, seeing that he hath no more Authority in this behalf then any one of his fellows hath for the words of the said Mandamus in the Commission §. 17. to the Sheriff be coram nobis▪ venire facias tot & tales &c. yea if two such Justices make a Precept for a Ses∣sion of the Peace, all their fellow Justices cannot discharge it by their Super∣sedeas, but a Supersedeas out of the Chancery will discharge it, saith Fitz. Crumpt. 122. b. §. 1.

CXLIV. Lamb. 378. If one Justice of the Peace alone,* 115.2 will take upon him to hold a Session of the Peace that was lawfully summoned by him and another such Justice, and will make the stile of the Session in the names of himself and the other, all presentments so taken before him may be avoyded, 11 H. 7. 5. Records, Br. 81. But if the Sessions be in truth holden by two sufficient Justices only, and the stile or title thereof be made in the names of three, then all the presentments before them shall stand good: for it will

not help the Party to say that one of the three was not there, when it shall appear that two of them, the one being of the Quorum, were present, which will suffice by Marrow.

* 115.3CXLV. Lamb. 378. 379. The Place of holding them is Arbitrable and at the pleasure of the Justices themselves, so that it be meet for Access, and although the Precept do appoint the Sessions to be holden in some one Town by name, yet may the Justices keep it in any other Town, and all the pre∣sentments shall be good that shall be taken where they held it, but then a∣gain no Amerciament can be set upon any man for his default of appearance there, because he had no warning of it by Marrrw.

* 115.4CXLVI. Lamb. 376. So if two such Justices make a Precept for a Ses∣sion to be holden in one Town, and two other Justices make another Pre∣cept for another Session to be holden at another Town, or in another part of the same Town the same day, then the presentments taken before either of them shall be good by Marrow, and then also it seemeth, that he that serveth at the one Session as a Juror or Officer shall be excused for his de∣fault at the other, &c. Crumpt. 123. b. §. 20. Dalt. 532. cap. 185. §. 4.

* 115.5CXLVII. Lamb. 380. The Justices of the Peace be so necessary as with∣out them, tho all others should appear no Session can be kept, and yet if any of them be absent their fellow Justices cannot Amerce them as the Justices of Assize may do, Inter pares non de potestas, and the Authority of all the Ju∣stices of the Peace at the Sessions is equal, so that like power hath he which is not of the Quorum, with him that is, except it be in special Cases set forth in the Commission and Statutes, and therefore it was holden 3 H. 7. Justice of Peace Fitzh. 3. that if one which is not of the Quorum will be so bold, as to rebuke one that is of the Quorum, he, and his Companions may not Commit him to Prison for it.

* 115.6CXLVIII. 381. And albeit the power of the Justices be joynt at the Sessions, yet to some purpose each one hath a distinct power by himself also, for if one of them sitting in his Judicial place shall see a Riot, he may cause the Parties to be Arrested, and may also Record the Riot, whereby they shall be so concluded as they shall have no answer to it, Justice of P. Fitzh. 9.

* 115.7CXLIX. Lamb. 381. The Recognitors that stand bound to the keeping of the Peace, and to appear at the Sessions, and such like, be commonly tyed unto the Quarter Sessions &c. and those Prisoners that are sent by Justices of the Peace for Felony, or Manslaughter, or Suspition thereof, or be let to Bail, or Mainprise upon any such Offence, be for the most part re∣served till the Goal-delivery, &c. the rest of that Kind may be brought forth at every Sessions of the Peace.

* 115.8CL. Lamb. 382. Amongst the Offices that owe ordinary attendance at the Sessions the Custos Rotulorum hath worthily the first place, both for that he is always a Justice of the Quorum in the Commission, and amongst them of the Quorum: a man for the most part especially pickt out, either for Wisdom, Countenance, or Credit, and yet in this behalf he beareth the Person if an Officer and ought to attend by himself or his Deputy for the words of the Comission, §. 18. be to him now by his proper name quod ad dies, & loca predicta, Brevia processus & indictamenta predict' coram te & dictis sociis tuis venire facias, whereas until 14 Rich. 2. that charge was general to all the Justices, and not laid specially upon any one Person in the Commission, as it doth appear in the Tower by the Records.

* 115.9CLI. Lamb. 382. 383. Marrow saith, that seeing the other Justices may hold a Session wlthout him, it is meet then they should have the Commission with them, but Coke in 9 Ed. 4. 2. holdeth that a Justice of the Peace in making any justification by vertue of his Office, needeth not to shew the Commission of the Peace, because the keeping thereof belongeth to the

Custos Rotulorum, and for the same cause also the Bayliff of a Justice of Peace shall not be driven to shew the Commission, as it seemeth, 14 H. 7. 7. monstr. Br. 63.

CLII. Lamb. 383.* 115.10 But under the name of the Records of the Sessions of the Peace, I do not comprehend all manner of Records concerning the Peace, but those only which ought to be at the Sessions of the Peace, as Bills, Plaints, Informations, Indictments, Presentments, the Rolls of Processes, Tryals, Judgments, Executions, and all other the Acts of the Sessions of the Peace themselves, and furthermore the Ingrossement of the rates of Ser∣vants wages: all Recognizances of the Peace and Good abearing, Recogni∣zances concerning Felonies and Alehouse-keepers, and such like as ought to be certifyed or brought to the Sessions of the Peace, must be numbred amongst the Records of the Sessions of the Peace, for of all these there may be use at the Sessions, and therefore the Custos Rotulorum or some for him ought to be ready there to shew them, Lamb. 388.

CLIII. Lamb. 384.* 115.11 Now altho it were before-time at the liberty of a Justice of the Peace to certify a Recognizance of the Peace to the Custos Rotulorum as 2 H. 7. 1. yet now by 3 H. 7. 1. §. 1. N. 26. he ought to certify, send, or bring the same, to the next Sessions of the Peace, that the Party may be called, and to the end also that his default, if he make a∣ny, may be Recorded, and by such record of his default he is concluded to say that he appeared there, 13 Ed. 4.

CLIV. Lamb. 384. 385. As for Precepts for surety of the Peace,* 115.12 the special Records for conviction of forcible Entries, Riots and such like, as be made out of the Sessions of the Peace by particular Justices, and be to re∣main with themselves and not appointed to be certified thither, I cannot reckon them in the number of the Records of the Sessions, Kell. 41. pl. 6. no more then I may well do the Inrolements of Bargains and Sales, and such other Records lying in the Charge of the Custos Rotulorum, or Clerk of the Peace.

CLV. Lamb. 390.* 115.13 Furthermore the Coroner (as the common form of the Precept sheweth, and the Stat. 27 H. 8. 5. §. N. presumeth) ought to be present at the Sessions, but yet that is not for to certify their Inquisitions which ought by 1 & 2 Ph. & Mar. 13. §. N. to be done at the General Goal-delivery, nor yet to receive any approver, for neither that belongeth to the Justices of Peace 9 H. 4. 1. but it is only, saith Mr. Marrow, because the Co∣roners be Parties to the Exigents, and be Judges of the outlary, howbeit they are besides that Conservators of the Peace also, and may in Cases com∣mit men to Prison, and therefore ought to be at the Sessions to object a∣gainst them.

Ibid.* 115.14 The Sheriff in like manner ought to attend at those Sessions for the double duty that he beareth, the one as Sheriff to return the Precept, to take the charge of Prisoners, and to serve the Court, otherwise as he hath in charge by the Mandamus in the Commission §. 17. the other because he also hath care and charge of the Peace, see suprà 142.

CLVI. Lamb. 391.* 115.15 But the Ordinary oweth not his attendance at any Sessions of the Peace, as he doth at every Goal-delivery, in the Opinion of Mr. Marrow, indeed he is not warned by the common form of Precept, and therefore cannot so conveniently take knowledge of the Sessions of the Peace, howbeit I think that he ought to serve when he shall be called for matter of Clergy, Poult. de pace, 215. pl. 38. Lamb. 543. 544.

CLVII. Lamb. 395. 396.* 115.16 The Justices ought not to commit these Ju∣rors of Enquiry to any Keeper, nor to keep them without Meat or Drink, nor to carry them out of the Town, and yet they may adjorn them to ano∣ther place to give their Verdict.

CLVIII. Lamb. 397. 398. All others also may freely attend there,* 115.17 if

not for any thing that especially concerneth themselves, yet for the ad∣vancement of publick Justice, and for the service of the King, and to this end they are invited thither (as I may say) by a certain freedom of Ac∣cess, and by protection from common Arrest, a thing that is incident to each Court of Record, and without the which Justice should be greatly hindred, so that if a man come voluntarily to these Sessions with the mind either to prefer any Bill of Indictment, or to give Information against another, or to tender a Fine upon an Endictment, touching himself, or do come com∣pelled, to make appearance for the saving of his Bond, and be arrested by the Sheriff upon common and original process in his coming thither, or during his tarrying there, it seemeth that uopn Examination of the matter under his Oath, he shall be dismissed thereof by the Priviledg of this Court, even as it is used in the higher Courts at Westm. 1 H. 7. 12, &c. 2 H. 7. 4. priviledge Br. 35. Boult. 2. cap. 3. pag. 8. §. 36. Crumpt. 141. b.

* 115.18CLIX. Lamb. 399. The Justices of Peace, saith Mr. Fitzherbert, for their parts be bound to inform the People, and no doubt the Charge is given as well to instruct those that be ignorant lest they offend unawares, as to inquire of those that have already fallen into danger by Offence, and thereof it is that many Statutes do expresly command that they shall be openly read or declared at the Sessions.

* 115.19CLX. Lamb. 400. The manner of giving the Charge and receiving the Verdict at this day, differeth from that which the Justices in Eyre were wont to use, for you may see in Bract. 116. a. that first one of the Justices did o∣pen before the whole Assembly, the benefits of the service in hand, the com∣modities of keeping the Peace, and the Evils of the contrary, and that then the Articles of the Charge were read, by one and one to the Jurors (who receiving the same at the hands of the Justices, did also make answer in the yeilding up of their verdict to each Article severally, and by it self, which Custom as it had many profits, so is it worthy in mine Opinion to be re∣continued and brought in ure again, Crumpt. 11. a. b. Boult. 2. cap. 4. pag. 9.

* 115.20CLXI. Lamb. 403. I know that Mr. Fitzh. was of opinion, that the Justices of the Peace ought at their Quarter Sessions, and might at their private Sessions, give in charge to the Enquest all such matters as they have power to determine, and this he urgeth as well by the Oaths of the Justi∣ces who are sworn to do right in all Causes within their Commission or Statutes, as also by the ignorance of the Jurors who be instructed only by the Charge, which if it be so, I see not for my part how either these Ju∣stices that are bound to utter all, can be discharged, or the Jurors that ought to hear all, can be informed without this or some such compendious and plain way, that may both shortly for the time, and lightsomely for the order, comprehend the chief substance of all that which belongeth to their Inquiry: howbeit as I think it the best, for the Justices to rehearse all such points whereof the Jury may make presentment before them, so yet I hold them discharged in my slender opinion, if they unfold only the Articles of their Commission and of such other Statutes as do expresly Authorize them to make enquiry.

* 115.21CLXII. Lamb. 498. I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury, then to put their pens into them before that the Enquest shall be enformed, ta∣king it to be not only no hinderance at all to the service, but also the most wary and secure way for the Justices themselves to walk.

* 115.22CLXIII. Lamb. 500. In some Cases therefore these Justices may hear one another, for every Justice of Peace may upon his proper knowledge make presentments at the Sessions of any Offences done against 2 & 3 Ph. & Mar. 8. & 5 Eliz. 13. Concerning the amendments of the High-ways, and in this and such like cases his report hath the force of a Presentment of

twelve Men, so that he and his Fellows may proceed upon it, 21 H. 6. 5.

CLXIV. Lamb. 501. I think that before Justices of Peace,* 115.23 these Sug∣gestions and Informations both of private Persons, be they by word or writ∣ing, are but of the force to stir up the Justices to recommend the Cause to the Inquest, and not to Award any Process upon them, unless it be in cer∣tain Cases where that validity is especially given by the Statutes.

CLXV. Lamb. 506.* 115.24 In the rest of the Statutes (viz. except 1 Eliz. 2. 3. & 5 Eliz. 1. & 23 Eliz. 1.) so far as I have found their power of Enquiry, is accompanied with the Authority to hear and determine also, for this want of Jurisdiction is not found in the Commission of the Peace it self; but only in certain Statutes, that for weighty Causes do restrain this further proceeding.

CLXVI. Lamb. 507. This Writ of Certiorari is ever directed to the Justices of Peace,* 115.25 and yet the Custos Rotulorum only hath the keeping of these Records, but the ancient Commissioners of the Peace had no Custos Rotu∣lorum, especially named in them, and then this certifying belonged to them, all which form the Writ retaineth to this day, and if it fall in Question whether such a Certiorari were delivered to the Justices of Peace or no, that must be tryed saith 10 H. 7. 24. by the Verdict of Twelve men.

CLXVII. Lamb. 508, 509.* 115.26 In the making of a Certificate upon this Certiorari, the Justices of Peace ought neither to omit that which doth Authorize them, nor to exceed that Authority which belongeth unto them. For on the one side if they Certifie an Indictment of Felony, or of a Riot as taken Coram Justiciariis ad pacem it was not thought enough with∣out saying further, necnon ad diversas Felonias, &c. and otherwise it was doubted, whether the Indicted should be quite dismissed or no; because the Justices of Peace had then no Record at all remaining with them, for the Clerk of the Peace maketh his Entry accordingly, and that Record which they sent up is Insufficient; and therefore the Clerk of the Crown was forbidden to receive any such Certificate 12 H. 7. 25. But happily the new words in the reformed Commission of the Peace will now dissolve that Prohibition. On the other side, If they Certifie an Indictment of Felony not determined in B. R. they ought not without Warrant to Certifie ano∣ther Record of the Acquittal of that Indictee for the same matter, for no∣thing ought by them to be sent thither without Warrant, but that which is Executory and needeth the help of that higher Court. 8 Ed. 4. 18.

CLXVIII. Lamb. 512.* 115.27 The Authority of making Process upon Indict∣ments, is given by express words in the Commission §. And in other Cases where it is not namely given, it is implied of Congruous or rather of ne∣cessity in the words hear and determine, which cannot be performed, un∣less the party either do come in Gratis, or be brought in by the power of Process.

CLXIX. Lamb. 513. In as much as the words of the Commission §.* 115.28 Be quousque Capiantur, reddant se aut utlagentur it followeth that in all Cases of Indictments, if the Party be returned insufficient, the Process of utlary ly∣eth against the Offendor, if he be not taken before, or do not otherwise of∣fer and yeild himself, and then the power of these Justices endeth with the utlary, for they can make no Capias Ʋtlagatum, but must certify the utla∣ry in B. R.

CLXX. Lamb. 520.* 115.29 The Power of making Process upon Informations proceedeth from special Statutes, and may not therefore vary from their direction although they themselves do vary very greatly one from ano∣her.

CLXXI. Lamb. 525.* 115.30 How far this Discretion of Justices in 17 Ed. 4. 4. § 1. N. 13. of Tile-makers, and the word otherwise may be extended in this

and such like Cases it cannot well be foretold, for it is referred unto them, and they must take Counsel ex re and ex tempore for it.

* 115.31CLXXII. Lamb. 526. This manner of Tryal by Examination, is not loosely permitted to the Justices of the Peace; but in Cases only where ei∣ther the Statutes do generally refer the Tryal to their Discretions, or else do specially Authorize them to take the Examinations.

* 115.32CLXXIII. Lamb. 533. Mr. Brooke noteth 5 H. 7. 3. Traverse per Br. 182. That it is not much used to Traverse Indictments before Justices of Peace, but rather to remove them in B. R. and to Traverse them there, howbeit common Experience at this day can shew many Traverses before Justices of the Peace, also Dalt. 407. Cap. 133. And there is no doubt, but that as Justices of Peace have power to Award Process, and the Parties also have Liberty to speak for themselves, so having spoken, the Justices may hear and determine of their Speech, whether it touch them in Freehold or otherwise.

* 115.33CLXXIV. Lamb. 532. The Stile of the Sessions

Kanc. ss.

Alias scilicet ad (Generalem) Sessionem pacis (Comitatus predict' or tent' pro Comitat' pre∣dict') tent' apud B. in Com' predict' die Martis proximè ante festum Sancti Mathei Apostoli Anno Regni, &c. Coram J. S. Milite, Ʋmfrido W. & aliis so∣ciis suis Justiciariis Dict' Domini Reg' ad pacem in J. M. Comitatu predict' Conservand' necnon ad diversas Felonias transgressiones & alia malefacta in eo∣dem Comitatu perpetrat' audiend' & terminand' assignat' per Sacram duod' Ju∣ratorum presentatum existit, &c.

Lamb. presidents. 1. § 1.

* 116.1CLXXV. Lamb. 541, 542. It seemeth by Marrow and Fitz-Herbert, 16. That albeit two Justices of the Peace, the one of them being of the Quorum, may hear and try Felonies, yet no Justices of the Peace have Authority to deliver Felons by Proclamation, or without sufficient acquittal, nor yet to deliver such as be in Prison for Suspition of Felony, Crumpt. 122 b. §. 5.

* 116.2CLXXVI. Lamb. 542. And such Persons if they cannot be Indicted, must either remain the coming of the Justices of Goal Delivery as the com∣mon manner now is, or else being removed in B. R. they are either to be delivered thence upon the Writ de Gestu & fama, as the old Order was, or by such other means as they at this day do use therein.

* 116.3CLXXVII. Lamb. 543. It hath been thought unmeet that they should Try a Felon the same day, in which they Awarded the venire facias against the Jury, 22 E. 4. Coron. 44. but that hath no necessity, and the Law is now otherwise taken.

* 116.4CLXXVIII. Lamb. 544, 545. If a man Utlawed of Felony by Process before the Justices of Peace, be brought before them, and do alledge that he was at the time of the Utlawry pronounced, out of the Realm in the Kings Service under such a Captain, or that he was then Imprisoned in ano∣ther County, they can neither write to the Captain nor into the County by the opinion of Marrow. But by 22 H. 8. 14. § N. & 32 H. 8. 3. § N. all manner of Forreign Pleas triable by the Country hereafter, to be plead∣ed by any Person Arraigned upon any Indictment for any Petty-Treason, Murder or Felony, shall forthwith be Tried before the same Justices before whom such Persons shall be Arraigned, and by the same Jurors of the same County that shall Try the said Petty-Treason, Murder or Felony, without any further respite or delay, in whatsoever place of the Realm the matter of the same Pleas be supposed or alledged.

* 116.5CLXXIX. Lamb. 545. Thus much only of things, restraining the Ju∣stices of Peace in the Tryal of Felonies, wherein also they are not now a∣dayes much occupied, the rather because they commonly defer it till the coming of the Justices of Assize, by reason that 1 & 2 Ph. & Mar. 13. § N. & 2 & 3 Ph. & Mar. 10. § N. do enjoyn them to Certifie at the next Gene∣ral Goal Delivery, both the Examination and Bonds that they shall take

concerning Felons, and Suspects that are brought before them, nevertheless their power is no whit restrained to proceed before the coming of those Justices.

CLXXX. Lamb. 545. This I may add (not as a restraint,* 116.6 but for the enlargement of the Authority of Justices of the Peace, that if they see cause, and do write to the Clerk of the Crown of B. R. for the names of any per∣sons, being otherwhere attainted of Felony by Utlary, or being Clerks Con∣victed or Attainted, he ought without delay, and under the pain of 40 s. to certifie the same unto them, together with the Causes of such Attainder or Conviction, 34 & 35 H. 8. 14. §. N.

CLXXXI. Lamb. 561.* 116.7 He that is orderly Convicted before them in their General Sessions, of the deceitful getting of any Goods into his hands, by means of any false Token or counterfeit Letter made in the name of any other, may be adjudged by them to suffer imprisonment, standing on the Pillory, or any other Corporal pain that they shall appoint, except the pains of death▪ 33 H. 8. 1. § 2. N. 2.

CLXXXII. Lamb. 565, 566. Where the Conviction is for trespasses against the Peace,* 116.8 Riots and such other Contempts and Offences against the Com∣mission or Statutes, for the which no certain Fine is appointed, there the Judgment is, that the prrty shall be taken to satisfie the King for his Fine, and thereupon the Capias pro fine, if the Party cannot be found, other ju∣dicial Process goeth out till he be Ut-lawed, unless it be in a very few Ca∣ses, where by the words of the Statutes themselves, they may proceed to Assess the Fine in the absences of the parties, without calling them to it by any Process, for so it standeth in 5 & 6 Ed. 6. 25. §. N. of Ale-houses, and 5 Eliz. 13. §. N. of High-ways: But if the party be brought in, then is he a Prisoner, and then are the Justices of Peace by their discretion to Assess the Fine, and to Estreat it, and to deliver him.

CLXXXIII. Lamb. 568. If the offence be Finable by general words only,* 116.9 without speaking of any Fine, or without shewing by whom the Fine shall be Assessed, for so it is commonly in the elder Statutes that do prohibit any thing to be done, there the Assessment thereof belongeth to the Justices, before whom the Conviction is lawfully had.

CLXXXIV. Lamb. 569.* 116.10 This Fine or Pain Awarded by the discretion of the Justices of Peace, shall do the more good both to the Prince, in profit to the people in Example, and to the Justices themselves in Credit, if it be pronounced at the Bench openly as it ought to be, and not shuffled up in a Chamber, or corner secretly, as in some places it hath been used to be.

CLXXXV. Lamb. 570.* 116.11 But (the mitigation where Fines are certain by Statutes, &c.) in my mind is so void of sound Reason, that I cannot re∣commend it to the Justices of Peace, but do rather condemn it as a mockery of the Law, yea I find that sundry Statutes (fearing belike some such thing) have specially prevented it, Commanding that Justices of Peace shall Assess no less Fine then is in those Statutes themselves before-hand appointed. See Poor 537. Qu. 8.

CLXXXVI. Lamb. 572, 573.* 116.12 And hereby (viz. by 14 R. 2.11. § 1. N. 3. that gives Fees to Eight Justices levyable by Indenture between Sheriff and them) as I think the Estreats of the Justices of the Peace be now an imme∣diate Warrant for the Sheriff to levy not only the Fines and Amerciaments, but also all other Issues, Penalties, Losses, Forfeitures, and Sums whatsoever, arising before them, such order is taken, 33 H. 8.10. §. N. of the six weeks Sessions, for the levying as well of Fines and Amerciaments, as of Pains, Losses, and Forfeitures of mony: So did 2 & 3 Phil. & Mar. 2. §. N. of Til∣lage, by way of admittance, reherse, That Justices of the Peace may make out Process for the levying of Fines and Forfeitures before themselves: So doth 31 Eliz. 7. §. N. of Cottages appoint: And so are the Estreats made

for the most part, and the Fines and Forfeitures thereby levyed at this pre∣sent time, if I be not deceived.

* 116.13CLXXXVII. Lamb. 574. Howbeit I do not think that in our Case, this duty of Estreating is so peculiar to the Clerk of the Peace, but that the Ju∣stices of Peace themselves ought also to have a common and careful Eye unto it, for it is both specially provided for in the Commission, § 16. And also an Article of their Oath, to see unto the faithful Entry and Certificate of the Issues, Fines, Forfeitures and Amerciaments that do happen before them; and therefore it were well done in mine opinion, if the Justices would by turns, or otherwise, both take knowledge of things that have passed before them; and also take order that the same be Certified accor∣dingly, lest otherwise it lye altogether in the Power of the Clerk of the Peace to save or slay, as one said the Sparrow that he holdeth closed in his hand.

* 116.14CXXXVIII. Lamb. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments, Fines, or other For∣feits that grow unto the King by their Service, yet is it commonly thought that they may not but in some Cases only, and that by special speech of the Statutes make Execution, either for him that will sue, or for any other of such part of the Forfeiture as the Law doth afford them.

* 116.15CXXXIX. Lamb. 581. But in Cases where Justices of the Peace have power to receive Indictments, and no power to proceed any further upon them, there they ought to send up and certifie the Indictments themselves, and that of duty, as I think, without any Certiorari commanding the same, because having no Authority to hear and try the Offences, the Records thereof shall be unprofitable before them, and therefore they can have no just cause to retain them: And yet for the more surety, it is specially Com∣manded by 5 Eliz▪ 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute.

CXC. Lamb. 584▪ 585. The General Sessions of the Peace be those which are provided for the General Execution of the Authority of the Justices of Peace,* 116.16 whether you respect the limits of the place within their Commis∣sion, or the bounds of power, proceeding from the Commission and Statutes; for at these Sessions, as saith Mr. Fitzherbert, generally all things ought to be given in Charge that do lye within the Authority of these Justices to be determined: These be moreover called the Quarter Sessions, because they be holden Quarterly, or four times in the year: And the Statute 4 H. 7.12. § 1. N. 4. termed them Principal Sessions, for that in them chiefly the power of Justices of the Peace doth shine and shew it self, in which re∣spect 27 Eliz. 19. § 2. N. 7. And some other Statutes do give the name of open Sessions, also Infra, 260.

* 116.17CXCI. Lamb. 585, 586. The manner is in some Shires to Summon yearly 6 standing Sessions of the Peace, in others 8, in others 12 or 16, and in others otherwise, all which is done chiefly upon pretence to ease the Inhabitants of the County, for whom it would otherwise be very painful to travel so often, and far from all the parts of the Shire to any one place of the same. And therefore such as do maintain six or eight Sessions, do use to Summon all the whole Shire to a couple of them, and to the residue they call only such parts of the Shire as they do there specially appoint: But yet so, that upon the reckoning each Corner of the Country, gathereth Attenders at four se∣veral Sessions, which also falleth out accordingly in those Shires, where they have twelve or sixteen Sessions: For albeit that they do not at any one time Summon the Shires to any one place, as the other do; yet dividing their Shire into three or four parts, and keeping four several Sessions in each of those parts; they also, as well as the other, do serve their whole Country with four sundry sittings; and therefore in mine opinion, though none

of these do follow the precise Letter of the Law, which requireth but on∣ly four Quarter Sessions in every year, yet every of them draweth near to the true meaning of the Law, which looketh for nothing else but that the Court of these Sessions should yearly be four times opened for the whole County.

CXCII. Lamb. 586, 587. But if there be any that do for this purpose divide their Shires into halves, and do hold only four Sessions in the year,* 116.18 that is to say, two in one part, and two in the other, calling the one half of their Hundreds to those two Sessions at the one place, and the other half to the other two Sessions holden at the other place: These men, as some have thought, do neither retain the Letter, nor attain the meaning of the Law in this doing, for upon the matter, no part of their shire hath any more then two Sessions, which manner who seeth not how much it may hinder Justice?

CXCIII. Lamb. 588. Neither may I well omit,* 116.19 that this doing may breed Danger to the Justices themselves, while any of them having taken a Recognizance of a Tipler, doth not certifie it until the Sessions happen to be in his own part, and in the mean season the next Sessions of the Peace within the Shire, chanceth to be holden in the other part, whereof what may follow 5 & 6 Ed. 6.25. §. 2. N. 3. will tell you, and teach them the like Fault, is it not the like Forfeit so to retain a Recognizance taken for the Peace, as you may see, 3 H. 7.1. §. 1. N. 26.

CXCIV. 25 Ed. 3.8. §. 1. N. 1. Item, That the said Justices make their Sessions in all the Counties of England, at the least four times a year,* 116.20 that is to say, at the Feast of the Annuntiation of our Lady, St. Margaret, St. Michael, and St. Nicholas, and also at all times that shall need, according to the discretion of the said Justices, Lamb. 588.590. Crumpt. 123. §. 10.12.

CXCV. 36 Ed. 3.12. § 1. N. 1. Item,* 116.21 In the Commission of the Justi∣ces of the Peace, and of Labourers express mention be made, that the same Justices make their Sessions four times by the year, that is to say, one Sessions within the Ʋlas of the Epiphany, the second within the second Week of Lent, the third betwixt the Feast of Pentecost, and of St. John Baptist, the fourth within the eight Days of S. Michael. Lamb. 589.590.

CXCVI. Lamb. 589. The Statute 12 R. 2.10. § 1. N. 2. doth afterward set the matter at liberty, saying, That the said six Justices,* 116.22 shall keep their Ses∣sions in every Quarter of the year at the least, and by three days if need be, upon pain to be punished according to the discretion of the King's Coun∣cil, at the suit of every man that will complain: But they of Middlesex be excepted by 14 H. 6.4. § 1. N. 3. Crumpt. 124. § 21.

CXCVII. Lamb. 589. Lastly,* 116.23 The Statute 2 H. 5.4. § 2. N. 2. and (that the Justices of the Peace) make their Sessions four times by the Year, 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. And that the same Justices hold their Sessions through∣out the Realm of England in the same weeks every year from hence∣forth.

CXCVIII. Lamb. 589, 590. That 25 Ed. 3.8. § 1. N. 1. doth in shew and in common opinion concern the Sessions of the Justices of the Peace,* 116.24 but in truth it belongeth not at all to them, for it was made to direct the Justices of Labourers, in the time of holding their Sessions, and they were not Commissioners of the Peace, but especial Justices for the Causes of La∣bourers alone, not resident in the Country, but sent down for the time of that Service, as it may expresly appear, not only by the Preamble, and all

the parts of the said Statute it self, but also by 28 Ed. 3. 5. §. N. & 31 Ed. 3. 6. §. N. & 34 Ed. 3. 11. During all which time the Wardens of the Peace were neither called Justices by any Statute, nor Authorized to deal with Labourers until 42 Ed. 3. 6. Crumpt. 123. § 12.

* 116.25CXCIX. Lamb. 599. But neither that 36 Ed. 3. 12. maketh any Law for holding the Sessions of the Peace at this day, as well because it was set at large by 12 R. 2. 10. as also if it were not because the Commissions of our time use no such mention as it Commands.

* 116.26CC. Lamb. 591. That 2 H. 5. 4. restrained 12 R. 2. 10. yet so as one of these Statutes doth not fret the other, but the latter is an Exposition of the former, so that it is all one as if they both had been but one Law, and should have said that the Justices of Peace shall hold their Sessions in every quarter of the year at the least, namely in the first week after St. Michael, in the first week after the Epiphany, &c. Crumpt. 123. b. §. 17, 18.

* 116.27CCI. Lamb. 591, 592. Now to prove that the Quarter Sessions of the Peace were, or ought to be holden after the Prescript of 2 H. 5. 4. until 5 Eliz. 4. § 2. N. 1. First Mr. Marrow saith plainly, that in his days the Quar∣ter Sessions were so holden: Secondly 11 H. 7. 15. § 1. N. 20. & 19 H. 7. 6. § 1. N. 15. & 4 H. 8. 7. §. 6. N. 2. & 27 H. 8. 5. § 1. N. 4. & 32 H. 8. 43. § 1. N. 8. do account of these Sessions to be holden accordingly, Crumpt. 123. § 18.

* 116.28CCII. Lamb. 594, 595. upon 5 Eliz. 4. § 2. N. 1. some have thought that 2 H. 5. 4. is Repealed, because this Statute was made for Labourers, and it falls out unseasonable to hold the Michaelmas Sessions so near the Term: And others do think the contrary, that some part of the Statutes of Labour∣ers must needs remain in force, because all are not Repealed, and therefore 12 R. 2. 3. & 23 H. 6. 13. be yet in force, for so much of them as doth concern Victuallers, &c. for that they concern not the Hiring, Keeping, &c. or order of Servants, &c. (which might be done without the Sessions of the Peace) but the General Service of the Commission, and Statutes that Authorize the Justices of Peace, &c.

* 116.29CCIII. Lamb. 595. Neither was there ever, say they, any Quarter Ses∣sions holden, only for the Causes of Labourers by the Justices of the Peace, although the petty Sessions of Constables were chiefly holden to that Ser∣vice.

* 116.30CCIV. Lamb. 596. But to make the proof full, they add that 5 Eliz. 4. § 15. N. 1. speaketh of the Quarter Session to be holden after Easter, which cannot be understood of any other of these Statutes, but only of 2 H. 5. 4. be∣cause the rest that have certainty do appoint that Session, either at the An∣nunciation of the blessed Virgin, or in the second week of Lent, and likewise 8 Eliz. 9. §. N. of Prizes of Vessels 14 Eliz. 5. §. N. & 18 Eliz. 3. §. N. of poor, have mention of the Quarter Sessions to be holden next after Easter, which Statutes, as they make not in this point a new Law but be ground∣ed upon former Law supposed to be in force: So allowing of any one of these four Sessions they do therein give allowance of all the other three also.

* 116.31CCV. Lamb. 597. Now if it shall seem to any Man strange, that I move Questions of the time of holding these Sessions, 1. It is one Article of their Oath, that they shall hold their Sessions after the form of Statutes thereof made. 2. The Articles of many Statutes are enquirable, as it may seem only at the Quarter Sessions, because they are not in the Commission at all, and the Statutes themselves do appoint of no other Inquiry touching them but at the Quarter Sessions only: And then if the Justices of Peace, do not hold their Quarter Sessions according to the times appointed by the Law, they be no Quarter but Special Sessions, and consequently such Sta∣tutes shall either not be enquired of at all, or else enquired of without War∣rant, both which be very great inconveniencies.

CCVI. Lamb. 598. Touching the continuance of these Quarter Sessions:* 116.32 Almost two hundred years ago it was ordained 12 R. 2. 10. That they should be continued three days together, if need were, upon pain of punishment; and yet in these days of ours, wherein the Affairs of the Sessions be exceed∣ingly increased, and consequently more need to prolong them now then be∣fore, many do scantly afford them three whole hours, besides that time which is spent in calling of the Country, and giving of the Charge.

CCVII. Lamb. 598.* 116.33 The Justices of Peace may in their open Quarter Sessions enquire of, hear, and determine all Offences, except Treason, and Misprision of Treason, committed against 23 Eliz. ••1. § 9. N. 2. Crumpt. 124. b.

CCVIII. Lamb. 299. They may also, in their open Quarter Sessions,* 116.34 en∣quire of such as do extoll the Usurped Authority of the See of Rome against 5 Eliz. 1. § 3. N. 1. And the Clerk of the Peace must read that Act at every of the Quarter Sessions, Crumpt. 122. b. §. 6.

CCIX. Lamb. 599.* 116.35 All the Articles mentioned in the Statute 33 H. 8. 10. of Vagabonds, Retainers, and Liveries, Imbraceors, Maintainers, &c. shall be enquired of, and reformed by the Justices of the Peace in their An∣cient Quarter Sessions, 37 H. 8. 7. § 2. N. 3. Crumpt. 124.

CCX. Lamb. 599. They may, in their General Sessions,* 116.36 determine of the Offences of Killing and Selling Wainlings under two years of age, 24 H. 8. 9. § 3. N. 1. and of the Offences of not keeping Milch Kine and Calves, 2 & 3 Phil. & Mar. 3. § 3. N. 2. Crumpt. 124. b.

CCXI. Lamb. 599. The Enquiry, Hearing,* 116.37 and Determinations of Fore∣stallings, Ingrossings, and Regratings, may be at the Quarter Sessions, 5 & 6 Ed. 6. 14. § 10. N. 1. Crumpt. 124. b.

CCXII. Lamb. 599.* 116.38 The Inquiry whether Ale-house-keepers have for∣feited their Recognizances, ought to be at the Quarter Sessions, 5 & 6 Ed. 6. 25. § 3. N. 1. Crumpt. 125.

CCXIII. Lamb. 599. The Fine for Unlawful Hunting by Night,* 116.39 or with painted Faces, shall be set at the next General Sessions, 1 H. 7. 7. § 1. N. 6. Crumpt. 124. b.

CCXIV. Lamb. 599, 600.* 116.40 If the party bound to his Good abearing se∣ven years, according to 3 Jac. 13. § 6. N. 1. against Unlawful Hunting, and stealing of Deer, and Conies, do within the same time before the Justi∣ces of the Peace of the County, where the offence was committed, or some of them, in the open Quarter Sessions acknowledge his offence, and that he is sorry therefore, and satisfie the party grieved; the same Justices in the same open Sessions, or in any other, may discharge the Recognizance and Bond so taken, and the party bound.

CCXV. Lamb. 600.* 116.41 Justices of Peace in their General Quatter Sessions have Authority to examine, hear and determine the offences committed against 1 Jac. 27. § 5. N. 2. of Fesants.

CCXVI. Lamb. 600. Justices of Peace may in their Quarter Sessions enquire of, hear and determine the Offences of putting to pasture,* 116.42 any stoned Horses, &c. under the Hight appointed by the Statute, 32 H. 8. 13. §. 8. N. 1. Crumpt. 124. b.

CCXVII. Lamb. 600. They may at their like Sessions enquire of,* 116.43 and determine the Offences of not amending High-ways, 2 & 3, Ph. & Mar. 8. §. 2. N. 10. 5 Eliz. 13. §. 9. N. 1. & 18 Eliz. 19. §. 9. N. 1. Crumpt. 125.

CCXVIII. Lamb. 600. In their Quarter and General Sessions,* 116.44 they ought to inquire of, hear and determine, the Offences of not keeping continual Housholds, upon the Precincts of the late Monasteries, 27 H. 28. §. 9. N. 1. 5 Eliz. 2. §. N. Crumpt. 124. b.

* 116.45CCXIX. Lamb. 600. In their Quarter Sessions they may hear and de∣termine the Offences of Informers, 18 Eliz. 5. §. 4. N. 4. Crumpt. 125.

* 116.46CCXX. Lamb. 600. And at the like Sessions they may do the like, for Offences in Perjury, 5 Eliz. 9. §. 9. N. 1. Crumpt. 124. a.

* 116.47CCXXI. Lamb. 600. 601. Such as be suspected of using counterfeit To∣kens, or Letters, may be called by Process to the next General Sessions, and must be convicted there, 33 H. 8. 1. §. 2. N. 1. Crumpt. 125.

* 116.48CCXXII. Lamb. 601. Justices of the Peace may in their open Quarter Sessions, call before them the owner of a wood, and 12 of the Com∣moners there for setting out the fourth Part thereof, 35 H. 8. 17. §. 7 N. 2.

* 116.49CCXXIII. Lamb. 601. The Taxes for relief of the Infected with the Plague, must be certified at the next Quarter Sessions, and the same is to be enlarged▪ extended or determined, as to the Justices of Peace there or the more Part of them shall be thought fit, 1 Jac. 31. §. 6. N. 1.

* 116.50CCXXIV. Lamb. 601. The proof of the Sufficiency, or Insuffici∣ency of the Cause, for which the Master may put away his Servant, or the Servant may depart from his Master, before the end of the Term, shall be made at the Quarter Sessions, 5 Eliz. 4. §. 8. N. 1.

* 116.51CCXXV. Lamb. 601. The Licences for Badgers, Drovers, &c, are to be granted at the open Quarter Sessions, 5 Eliz. 12. §. 4. N. 1. Crumpt. 124.

* 116.52CCXXVI. Lamb. 601. And the Prohibition of transporting Corn, is to be made by the major Part of the Justice of the Peace at their Quarter Sessions, 13 Eliz. 13. §. 1. N. 7.

* 116.53CCXXVII. Lamb. 601. The Offences against the new Statute of Til∣lage, are to be inquired, heard, and determined at the Quarter or Gene∣ral Sessions, 39 Eliz. 2. §. 9. N. 1.

* 116.54CCXXVIII. 601. 602. If the Parish and Hundred be not able to re∣lieve the Poor of the Parish therein, then the Justices of Peace, or the greater Number of them, may at their General Quarter Sessions rate any other Parishes &c. thereunto, and they may there by Agreement, with any Lord of Wast, or Common, set up Habitations there for the Poor, and place Inmates in the same, and they also may at such Sessions, As∣sess the Parents, or Children being of sufficient Ability, to relieve their Poor and Impotent Children and Parents, 39 Eliz. 3. §. 1. N. 11.

CCXXIX. Lamb. 602. The Parties grieved by any Act done upon 43 Eliz. 2. §. 6. N. 1. are to be relieved by the Justices of Peace at their General Quarter Sessions, and the Father, Grand-Father, Mother, Grand-Mother and Child of the Poor, being of a sufficient Ability may there be Taxed towards the relief of the said Poor.

CCXXX. Lamb. 602. The Justices of Peace, or the major Part of them, may at any Quarter Sessions, give order for the Erection of Hou∣ses of Correction, and for Stocks of Mony, and all other things necessary for the same or for the Government thereof, and they may Banish, or Con∣demn to the Gallies, such Rogues as shall appear to be dangerous, 39 Eliz. 4. §. 1. N. 2. and may Brand them in the Left Shoulder with a hot burning Iron, with a Great Roman R. thereon, 1 Jac. 7 §. 5 N. 1.

* 116.55CCXXXI. Lamb. 602. The deceitful Users of Logwood for Dying, are to be Tryed and Judged to Fine and Pillory, at the Quarter Sessions, 39 Eliz. 11. §. 2. N. 4.

* 116.56CCXXXII. Lamb. 602. The Justices of the Peace, or the major Part of them, may by their discretions in their Open Quarter Sessions restrain the converting of Barly into Mault, 39 Eliz. 16. §. 1. N. 1.

CCXXXIII. Lamb. 603.* 116.57 They also in their Open Quarter Sessions may convict such as Carry not, or pay not towards the amendment of the High-ways in the Weild of Kent, Surry, or Sussex, as this Statute doth appoint, 39 Eliz. 19. §. 4 N. 4. and the presentment of such Defaults, ought to be made by the Surveyors of High-ways at the next Quarter Sessions after such default.

CCXXXIV. Lamb. 603. Licence may be given in the Quarter Sessions to shoot Hayle-shot in a hand Gun for Hawks meat only,* 116.58 the Party licen∣ced becoming bound in Recognizance of xx l. to shoot but only according to this Statute 1 Jac. 27. §. 7. N. 1.

CCXXXV. Lamb. 603.* 116.59 The Offences against the Statute of deceitful stretching and tentoring of Northern Cloths, are inquirable and determi∣nable before the Justices of the Peace at their Quarter Sessions, and those Defaults are to be presented by the Overseers at the next Quarter Session after such default made, 39 Eliz. 20. §. 10. N. 1.

CCXXXVI. Lamb. 603.* 116.60 The Assignment and Revocation of Pensions for dissabled Soldiers and Mariners, must be made by the major Part of the Justices of Peace at the Quarter Sessions, and they may there set Fine upon the Treasurer, that shall willingly refuse to pay any of the same Pen∣sions, 43 Eliz. 3. §. 3. 1.

CCXXXVII. Lamb. 603.* 116.61 The Assignment of such as shall keep any Ta∣vern to uttter Wine, by 7 Ed. 6. 5. §. 3. N. 6. ought to be made at the Ge∣neral Sessions, but is otherwise used by Special Grant.

CCXXXVIII. Lamb. 604.* 116.62 A Beggers Child may at the General Sessi∣ons be bound to serve any Subject of this Realm, being of honest Calling, 14 Eliz. 5. §. 22. N. 1. & 18 Eliz. 3 §. N.

CCXXXIX. Lamb. 604.* 116.63 The Dockets of Purveyors ought to be delive∣red over to the Justices of the Peace, at the next General Sessions, 2 & 3. Ph. & Mar. 6. §. 6 N. 1.

CCXL. Lamb. 604 A Decree may be made at the Quarter Sessions,* 116.64 for the continuance of a Cottage that hath not four Acres of Ground, and there may the Justices inquire, hear and determine, of Cottages and In∣mates, 31 Eliz. 7. §. 4. N 1.

CCXLI. Lamb. 604. The Conviction of a Clothier,* 116.65 or other upon his own Confession or Proof, by two lawful Witnesses, for not paying so great Wages to their Shearers &c. as shall be set down according to the true meaning of this Act, may be before the Justices of Peace in their Quarter Sessions, and the Forfeiture of ten Shillings by this Statute gi∣ven to the Party grieved, may be levied by distress and sale of the Offenders Goods, by Warrant from the said Justices, 1 Jac. 6. §. N.

CCXLII. Lamb. 604. 605. All Offences against any Statute,* 116.66 for not using any lawful Game, or using any unlawful Games, or for not having Bows and Arrows according to the Law, or for using any Art or Mystery in which the Party hath not been brought up according to the Statute thereof, shall be Sued or otherwise inquired of, heard, and determined in the Quarter Sessions of the Peace, or Assizes of the Shire, where they shall be committed, or in the Leet within the which they shall happen, 31 Eliz. 5. §. 7. N. 5.

CCXLIII. Lamb. 605. The Act of rebellious Assemblies,* 116.67 or the effect thereof ought to be openly read at every Quarter Sessions, 1 Mar. 1. St. 2 cap. 12. §. 16. N. 1. Crumpt. 123. b. §. 15. & 124 b.

CCXLIV. Lamb. 605.* 116.68 The Justices of Peace have Power in their Open Sessions, to inquire, hear and determine, the defaults of under-Sheriffs, Clerks of Sheriffs, or under-Sheriffs, and of Bailies &c. in not taking the Oaths appointed by the Statute 27 Eliz. 12. §. 6. N. 1.

* 116.69CCXLV. Lamb. 605. The Abjuration of a Seditious Sectary, ought to be made in the Open Quarter Sessions of the Peace, and there to be entred of Record, and the Place certain and Name of a Popish Recusant limited by this Statute unto a place ought to be certifyed by the Minister and Constable, that took and entred it to the next Quarter Sessions of the Peace, and there be entred of Record in the Rolls of the Sessions by the Clerk of the Peace, 35 Eliz. 1. §. 2. N. 1.

* 116.70CCXLVI. Lamb. 605. The Penalties forfeited by a conformed Recu∣sant, for not receiving the Sacrament according to this Statute, may be Recovered before the Justices of Peace at their Quarter Sessions, 3 Jac. 4. § 7. N. 1.

* 116.71CCXLVII. Lamb. 605. 606. The Monthly absence from Church of Po∣pish Recusants, and their Childrens Names of IX. years old and upwards, abiding with them, and their Servants Names ought by the Church-War∣dens and Constables to be yearly presented at the Quarter Sessions, and by the Clerk of the Peace, or Town Clerk, Recorded in the said Sessions, 3 Jac. 4. §. 4. N. 2.

* 116.72CCXLVIII. Lamb. 606. The Oath appointed by this Statute, may be required in the Quarter Sessions, of such Person as was formerly Convicted for refusing the same: and such Person or any other whatsoever refusing the said Oath being tendred in the said Sessions, shall Incur the danger of Premunire, except Women Covert; who shall only be Committed by the Justices of Peace in their Quarter Sessions, to the Common Goal without Bail or Mainprise, till they will take the said Oath, 3 Jac. 4. §. 14. N. 2.

* 116.73CCXLIX. Lamb. 607. If a Crucifix or other Relick of any price be found in a Recusants Lodging or Custody, upon search to be made accord∣ing to this Act, the same to be defaced at the General or Quarter Sessions, and so defaced, to be restored to the Owner, 3 Jac. 5. §. 26. N. 3.

* 116.74CCL. Lamb. 607. By Warrant of Four Justices of Peace at their Gene∣ral or Quarter Sessions, Recusants Armor, Gun-powder, and Munition shall be taken from them, other then necessary Weapons to be allowed them by the said Justices for their Defence, and shall be maintained at the Costs of such Recusants in such places, as the said Justices at their said Sessions shall appoint, &c. 3 Jac. 5. §. 27. N. 1.

* 116.75CCLI. Lamb. 607. Enquire of others, whether the Proclamation (set forth 4 H. 7. 12. §. 1. N. 4) be not yet to be read at every Quarter Ses∣sions, for some do think that it was to endure for the time of that King only, infra, 269.

* 116.76CCLII. Lamb. 608, 609. Some men be of opinion, that these Statutes which be Enquirable by express words at the Quarter Sessions only, may nevertheless be Enquired of at the Special Sessions also, and their opinion seemeth to be backt by some words of the reformed Commission of the Peace, §. 7. where power is given to two Justices of the Peace, one being of the Quorum, to enquire, hear and determine of all Offences, of which Justices of Peace lawfully may or ought to Inquire; nevertheless, as the Commission §. 7. there speaketh only of Inquiry, hearing, and determining, and not of other Acts; so have I hitherto doubted, whether that be true in all Cases or not: for as the Justices of Peace have none other Warrant to Inquire of these matters; but only by those Statutes which do appoint the Inquiry to be made at the Quarter Sessions, so they ought to pursue that Warrant if they will have any Care that their doings may be warranted: and I think it to be no great doubt, but that as the Statutes do many times give de∣grees of Power, so also the same Statutes may restrain the Authority of En∣quiry to some certain Sessions, and specially to the Quarter Sessions, in re∣spect that they be both more open, more commonly known before hand,

and better furnished with Justices, and consequently the matter for Admini∣string of Justice, specially in Affairs of the weightier sort, Crumpt. 125.

CCLIII. Lamb. 609. The prices of Vessels for Soap, Ale and Beer,* 116.77 shall be set and proclaimed by the Justices of Peace at their Quarter Sessions after Easter, 8 Eliz. 9. §. 5. N. 1.

CCLIV. Lamb. 609. The Wages of Laborers and Servants,* 116.78 are to be Rated by the Justices of Peace at the Easter Quarter Sessions, or within Six Weeks after Easter, where those Sessions be usually holden in one place of the Shire by all the Justices together; but where they are not so usually holden but in several places for several Divisions, there the Justices of Peace or the more part of them resiant within such Division, shall at the same Quar∣ter Sessions or at the time of the Easter Sessions as is aforesaid, Rate and In∣gross in Parchment under their Hands and Seals the Wages for Labourers, &c. within that Division, and the Sheriff shall proclaim the same in places convenient therefore, 5 Eliz. 4 §. 15. N. 1. & 39 Eliz. 12. §. N. & 1 Jac. 6. §. N.

CCLV. Lamb. 609.* 116.79 And they must yearly in the same Sessions Exa∣mine the performance, or not performance of so much of the Statute made for the Poor, 14 Eliz. 5. §. 23. N. 3. as is not altered by 43 Eliz. 2.

CCLVI. Lamb. 609, 610. The Account of the Treasurers for disabled Souldiers or Marriners, is to be made yearly at the Quarter Sessions after Easter, or within ten dayes after, 43 Eliz. 3. §. 3. N. 1.

CCLVII. Lamb. 610. At the Quarter Sessions to be holden after Mi∣chaelmas,* 116.80 the Justices of Peace are to appoint Searchers for Brass and Pew∣ter, 19 H. 7. 6. §. 1. N. 15. & 4 H. 8. 7. §. 6. N. 2.

CCLVIII. Lamb. 610. And at the General Sessions after Michaelmas,* 116.81 two Justices of the Peace ought to be appointed by the Custos Rotulorum, or in his Absence by the eldest of the Quorum, for the over sight and Controle∣ment of the Sheriffs Books, 11 H. 7. 15. §. N.

CCLIX. Lamb. 610.* 116.82 In the number of particular Statutes concerning the Quarter Sessions, these may have place.

• 26 H. 8. 5. § N. For passage over Severn.
• 23 Eliz. 12. § N. For paving without Algate.
• 3 Jac. 19. Of Highwayes from Non-such to Talworth.
• 3 Jac. 20. § N. For passage by water to Oxford.
• 3 Jac. 22. § N. For paving Drury Lane and St. Giles's.
• 3 Jac. 23. § N. For making up Chepstow Bridge.
• 3 Jac. 24. § N. For Ʋpton Bridge on the Severn.
• 33 H. 6. 7. § N. For Attornies in Norfolk.
• 32 H. 8. 43. § N. For Sessions in Cheshire.
• 2 & 3 Ph. & Mar. 13 § N. Of Wools in Halifax.
• 27 Eliz. 24. § N. For the Sea banks in Norfolk, Crumpt. 125.

CCLX. Lamb. 611. The special Sessions of the Peace do vary from the General in this Chiefly,* 116.83 that they be holden at other times when it shall please the Justices themselves or any two of them, the one being of the Quorum to appoint them, and this power they have not only by the Com∣mission, §. 17. but also by the Statute 2 H. 5. 4. §. 2. N. 2. which alloweth them to do it more often then the four times if need do so require. 2. They be also for the most part Summoned for some Special business, and not di∣rected to the General service of the Commission, and yet there is no doubt but that all the Articles within the Commission of the Peace, are both In∣quirable and Determinable at any special Session of the Peace, Mr. Fitz-her∣bert, 19. Lamb. 584. suprà 190. useth a third difference between the General and Special Sessions of the Peace, affirming, that whereas at the General Ses∣sions

the Justices of the Peace ought of Duty to give in Charge all matters within the Commission or Statutes, that are to be determined before them; yet nevertheless at the Special Sessions they are at liberty to give in Charge either all or any of them as it shall seem good unto themselves.

* 116.84CCLXI. Lamb. 612. I will not gain-say, but that the Justices of Peace may at any Special Sessions of the Peace give in Charge all such Statutes, as do give unto them a general Power of Inquiry (without using mention of restraint to any Sessions) as doth 25 H. 8. 13. §. N. of Sheep, yea I will grant that they may also at their Special Sessions of the Peace give in charge to Enquire upon all such other Statutes as do use the word Sessions Indiffe∣rently, without adding General or Special, of which sort there are a great many as 5 & 6 E. 6. 4. §. N. of Fighting in Church or Church-yard, 14 H. 8. 11. §. N. and 19 H. 7. 11. §. N. of Hunting 5 Eliz. 13. §. N. of Linnen Cloth, 2 & 3 Ph. & Mar. 7. §. N. of Fairs and Markets, 5 H. 4. 3. §. N. of Sea watch, and 7 Ed. 6. 5. §. N. of Wines and sundry others, but whe∣ther they may there also Inquire of such other Statutes as do only assign the Inquiry to be made at the Quarter Sessions, you have heard my mind and read my reasons, Crumpt. 125.

* 116.85CCLXII. Lamb. 612, 613. however it be, there might be great use of the Special Sessions of the Peace if they were now and then holden be∣tween the Quarter Sessions to deliver the Goals of unruly Servants, Pet∣ty Thieves, and some others, &c. Peradventure some will say, that by this means we shall draw upon us again the same Inconveniencies of troubling the County that happened by the Six Weeks Sessions, which were therefore abrogated by 37 H. 8. 7. §. N. but that is not to be feared, for whereas those Sessions were to be holden in every limit of the Shire, these may be kept only in the Towns where the Goal standeth, the which sithence it is common∣ly populous shall be easily able to furnish this Service, without calling any other remote part of the County unto it, Crumpt. 123. §. 18.

* 116.86CCLXIII. Lamb. 614. the form of the Precept for a Special Sessions, &c.

Kanc. ss.

M. F. Miles I. B. & H. F. Armig. Justiciarii inter alios Domini Regis nunc ad pacem in Com. Kanc. Conservand' Assignat' nec non ad diversas felonias, &c. Vicecom' Comitat' predicti salutem. Ex parte dicti Domini Regis tibi preci∣pimus firmiter injungentes quod non omittas propter aliquam libertat' infra hun∣dredmu de O. P. & Q aut eorum aliquod in Com. predicto quin venire facias co∣ram nobis apud R. infrà hundredum de O. predict' Decim' Die Aug. proxim' futur' xxiv. probos & legales homines de eisdem hundredis ad Inquirendum tunc ibi pro dicto Domino Rege tam super quibusdam Articulis in Statuto in Parlia∣ment' nuper Reg' Eliz. Anno Regni sui Quinto tent' Edit, Artifices, laboratores, servientes & apprenticios concernnent' Quam super Articulis Quibusdam in Sta∣tuto in Parliament' Dict' nuper Reg' Anno Regni sui xxxix. tent' Edit' Rogos, Vagabundos, validos mendicantes & alios pauperes tangentibus; proclamari etiam facias in Idoneis locis per Hundred' predicta quod omnes qui versus predictos Artifices, laboratores, servientes, apprenticios rogos, vagabundos, validos mendi∣cantes & alios pauperes seu Eorum aliquos Conqueri voluerint, sint tunc ibidem coram nobis ad prosequendum versus eos parati & sis ibi vel vicecomes tuus ha∣bens nomina Juratorum predictorum & hoc nostrum breve, testibus nobis prefat' M. F. J. B. & H. F. apud J. in Com' predict' ultimo Die Martii Anno regni, &c. Lamb. 376. A precept for the General Sessions.

* 117.1CCLXIV. Lamb. 618. It seemeth by the opinion of some Justices, 2 Rich. 3. 10. Judges Br. 33. That if a Justice of the Peace do any thing of Record Ignorantly, and for want of knowledge, that he shall not be punish∣ed for it.

* 117.2CCLXV. Lamb. 618, 619. On the other side, if a Justice of the Peace will craftily Imbezil••an Indictment, or wilfully Raze any part thereof, or malitiously Enrol or File that for an Indictment, which was never found by

the Jury, then (by the resolution of all the Justices Assembled before the King in the Star-Chamber, 2 R. 3. 10.) a Commission may go out to En∣quire by the Oaths of Twelve Men of such his Misdemeanor, and if he be Convicted thereof, he deserves to lose his Office, and to make Fine to the King, &c.

CCLXVI. Lamb. 619. And even so may he be punished,* 117.3 (as the Book leadeth me to think) if he alter an Indictment of Trespass into an Indict∣ment of Felony, howsoever the opinion 27 Ass. 18. presentment, Br. 23. be found against it.

CCLXVII. Lamb. 619. A Justice of Peace may also be Indicted of the unlawful taking of Money for doing his Office, or of such other falsity,* 117.4 F. N. B. 243. E. and if he cause a man to be Indicted at the Sessions, by former Conspiracy or Indirect practice, he is punishable for it as a private man, 21 Ed. 4. 67.

CCLXVIII. Lamb. 619.* 117.5 But if in the handling of a Cause at the open Sessions, it happen him to speak against an Offender somewhat excessively, yet he shall not be punished for it.

CCLXIX. Lamb. 620. And if the Proclamation Annexed to 4 H. 7. 12. §. 1. N. 5. ought now to be read,* 117.6 then if it be not read at each Quarter Sessions, every Justice of the Peace there present, shall lose xx s. Crumpt. 122. b. §. 4. suprà 251.

CCLXX. Lamb. 621. And the Justices of Assize, may enquire of, hear,* 117.7 and determine the Offences of any Justices of the Peace in not doing their Duties, for Execution of the Statute made against the deceitful stretching of Northern Clothes, 39 Eliz. 20. §. N.

CCLXXI. Crumpt. 122. b. §. 2. The King by his Writ of Supersedeas may command the Sheriff or the Justices,* 117.8 that they shall not keep their Ses∣sions as appointed by the two Justices at the day and place, and this shall be a discharge of the Precept made by the Justices to keep the said Sessions, Fitz-herbert. Ip. 10.

CCLXXII. Crumpt. 122. b. 123. a. §. 7.* 117.9 It is enacted 5 & 6 Ed. 6. by a Statute not Printed, that the Quarter Sessions in the County of Anglesey in Wales, shall be alwayes forever holden at Blau-morris only, and not else∣where within the County of Anglesey, except by reason of the Plague or such Contagious Sickness, and notwithstanding this Statute a Sessions of the Peace was held at Newburgh in the same County, without any special occa∣sion, and by all the Justices, &c. held void & coram non judice by reason of the negative prohib. Dyer. 135. pl.

CCLXXIII. Crumpt. 123. §. 8. If a man be bound to appear before the Justices of Peace within xl dayes next after the Bond,* 117.10 and before the end of xl dayes a General Sessions is held, he must appear before them at the same Sessions, though it be not so exprest, &c. Condition, Br. 208. Dalt. 172. Cap. 70.

CCLXXIV. Crumpt. 123. §. 9. If a Justice of Peace upon a pain of x l. Commands one by precept to be at the next Sessions,* 117.11 and he doth not ap∣pear, no scire facias shall Issue no more then on a Subpenae; but it seemeth he shall be Attacht at the next Sessions for a Contempt, Dalt. 33. 17. Cap. 117.

CCLXXV. Crumpt. 123. §. 11. The Statutes of Purveyors made,* 117.12 36 Ed. 3. 2, 3, 4. shall be proclaimed by the Justices of Peace Annually.

CCLXXVI. Crumpt. 113. b. §. 13.* 117.13 The Statutes of Victualers shall be Proclaimed twice, Annually in the Sessions of the Justices, 22 H. 6. 13. §. N.

CCLXXVII. Crumpt. 223. b. §. 14. The Statute 33 H. 8. 9. §. N. of Archery, shall be proclaimed at several Sessions of the Peace.* 117.14

* 117.15CCLXXVIII. Crumpt. 123. b. § 19. It seemeth that when the Justices shall enquire upon, 8 H. 6. 9. §. N. that they may make a Warrant to the Sheriff to return Pannels, to enquire for the King of such things that shall be enjoyned them of the Kings part, without saying, to enquire of forcible Entries or of any Riot, because 2 H. 5. 4. § N. is that they may hold their Sessions four times by the Year, and more often if need be.

* 117.16CCLXXIX. Crumpt. 124 § 21. The Justices of the Peace of the County of Middlesex, are not bound to keep their Sessions Four times a year (the Court of B. R. sitting in that County,) but they must keep their Sessions twice ayear at least, and oftner if need be, to enquire of Riots or forcible Entry made in the same County on pain and forfeiture, &c. 14 H. 6. 4. §. N.

* 117.17CCLXXX. Crumpt. 124. § 22. The Justices for enquiry of Riot, &c. must hold Sessions within a month after the Riot, &c. Commit by 13 H. 4. 7. §. N. on pain of C l. to every of the Justices of the Peace that are next abiding in the County to the place where the Riot is Committed.

* 117.18CCLXXXI. Crumpt. 124. § 23. on 8 H. 6. 9. §. N. of forcible Entries, the Sessions must be held upon Complaint of the Party grieved within con∣venient time.

* 117.19CCLXXXII. Crumpt. 124. § 24. They may hold Sessions Annually be∣tween Michaelmas and Christmas, and between the Annunciation and St. John Baptist, to enquire of the Branches of the Statute of Laborers, and of the good Execution thereof, and punish the Offendors, 5 Eliz. 4. §. N.

* 117.20CCLXXXIII. Crumpt. 124. § 25. The Justices of Peace may enquire, hear, and determine of falsifiers and Counterfeiters of false Weights, as often as they shall think fit, 9 H. 5. 8.

* 117.21CCLXXXIV. Crumpt. 124. b. Item. At the General Sessions they may enquire of those that take Pheasants or Partridges, or hunt in others Corn, 23 Eliz. 10. §. N. & 11 H. 7. 17. §. N.

* 117.22CCLXXXV. Crumpt. 124. b. Item. They may enquire of those that offend against the Statute of Tanners 5 Eliz. 8. §. N.

CCLXXXVI. Crumpt. 125. The Justices at their Sessions or within the limits of their Commission, not said General or Special may enquire on 5 Eliz. 5. §. N. of Fish, on 25 H. 8. 11. §. N. of destroying Wild Fowls, Eggs in the Nest, and on 37 H. 8. 9. §. N. & 13 Eliz. 8. of Usury of Eschetors, that form their Offices or make a Deputy, 12 Ed. 4. 9. §. N. & 3 H. 8. 8. §. N.

* 117.23CCLXXXVII. Crumpt. 125. b. Item. Sessions shall enquire of defaults of Coroners, 1 H. 8. 7. §. N. of keeping above number of Sheep, 25 H. 8. 13. §. N. of Souldiers imbezelling Arms, 2 & 3 Ed. 6. 2. §. N.

* 117.24CCLXXXVIII. Dalt. 24. Cap. 6. Where a Statute appointeth a thing to be done by two Justices of the Peace, or more if the Offence be any mis∣demeanor or matter against the Peace, thereupon complaint made of the Offence to any one Justice of the Peace, it seemeth that one Justice may grant out his Warrant to attach the Offendor, and to bring him before the same Justice or any other to find Sureties for his Appearance at the next General Sessions; there to make answer to such his Offence, or else he may bind the Offender to the good Behaviour, and so to appear at the next Sessions if the said Justices shall see any just cause so to do; but Justices of Peace alone may not in any wise meddle to hear and determine the same.

* 117.25CCLXXXIX. Two Justice, 568. And likewise Justices of Goal Delive∣ry, or Justices of Peace, may Try the Prisoner the same day or any day af∣ter; but need not make any particular precept (as Commissioners of Oyer and Terminer must) for the Justices of Goal Delivery and Justices of the Peace, make a General Precept in Parchment, under their Seals,

for the Summons of their Sessions, and for returns of Juries, &c. and there∣••fre any particular Precept is not requisite, 1 Cr. 315. Fens, Ca. Lamb. 543. Process, 25. N. 2.

CCLXXXXI. Dalt. Edit. 1666. Cap. 46. pag. 125.* 117.26 The Justices opinion touching the Commission by which the Justices sit at Newgate.

The Justices at Newgate sit by vertue of Two Commissions, viz. Goal De∣livery, and Oyer and Terminer.

2. By the Commission of Goal Delivery, they may Try all Prisoners in the Goal, or by Bail, or such as be Indicted and will render themselves, ge∣nerally for all Felonies; and also for such other Offences as are particularly assigned to them by Statute.

3. The Statute 4 Ed. 3. 2. § 1. N. 7. doth give them power to receive Indictments against Prisoners, or such as are upon Bail, and to proceed to Try the same, viz. Indictments taken before the Justices of the Peace, and by Equity thereof, all Indictments before Coroners.

3 Mar. 1. Commission, &c. Br. 24. saith the Commission is ad delibe∣rand' Goal. de Prisonariis in eisdem existent'; but they cannot take Indict∣ments as Justices of Goal Delivery, but being Justices of Peace they may take Indictments against Prisoners; but not against them that be at large, for as much as no power is given them, and consequently they must have means so to do, which is by Indictment ad Inquirend'.

4. However it is clear, that they may inquire of many Offences,* 117.27 and take Indictments in such Cases where power by the Statute is given to the Justices of Goal Delivery, in such Cases where they have Authority by Law or Sta∣tute, there the title of the Indictment is, that ad Gaolam deliberand' tent', &c. before the Commissioners of Goal Delivery, J. S. was Indicted and the Record must be made up so.

5. And whereby 4 Ed. 3. 2. § 1. N. 4. Indictments are taken before Justices of Peace or Coroners, or any other against any Prisoner, then the Entry of the Indictment is retorned taken. Memorand' quod ad Generalem Sessionem pacis tent' before A. B. C. Justices ad pacem in Com' Middlesex or London. J. S. was Indicted and then Tryed before the Justices of Goal Deli∣very.

And by vertue of the said Statute 4 Ed. 3. 2. § 1. N. 7. Indictments ta∣ken before Justices of the Peace of London or Middlesex, are tryed before the Justices of Goal Delivery.

6. The Commissions of Oyer and Terminer, is ad Triand' Inquirend' Audi∣end & Terminand, they may inquire of all Offences mentioned in the Commission, albeit the Offendors be at large; but they cannot Try Pri∣soners upon Indictments taken before any other then themselves, as the Ju∣stices of Goal Delivery may by the aforesaid Statute, 4 Ed. 3. 2. § 1. N. 1. unless there be a special Commission made, as it was Commanded in the Earl of Leicester's Case; for the ordinary Commission Br. 24. of Oyer and Ter∣miner is ad Inquirend' Audiend' & Terminand', therefore they cannot deter∣mine of things unless they made enquiry first.

And on the other side, also the Justices of Goal Delivery may try In∣dictments taken before Justices of Peace; yet if one be Indicted before Com∣missioners of Oyer and Terminer, the Justices of Goal Delivery cannot Try the same; because the Records of the Commission of Oyer and Terminer are to be retorned in B. R. 44 Ed. 3. 31.

7. The Commission and the Records of the proceedings before the Ju∣stices of Goal Delivery, are to be returned to the Custos Rotulorum of the County: when the same Persons are Justices of Goal Delivery, and of Oyer and Terminer, they may sit the same day and place, and Inquire by the same Jury; but the Entry of the Records must be several according as the In∣dictment is.

8. At the Assizes in the Country the Justices have their several pow∣er as the Justices of Goal Delivery, Oyer and Terminer, and Justices of Peace.

But when the Records are made up they must be according to the power they made Election to proceed upon.

This is the regular and legal Course, but the Clerks of the Assizes pro∣miscuously make Entries thereof. But if a Writ of Error be brought they must certifie according to Law, or else it will be Erronious, and so upon a Certiorari.

9. The Sessions of London may be begun at the Guild-hall, and then ad∣journed to Newgate; if some Indictments be at Guild-hall, then those must be so Certified: if others at Newgate, then the Adjournment must be men∣tioned, and that the Indictment was then taken.

10. Note that the Trial of Indictments taken before Justices of the Peace of London, cannot be Tried at Newgate as in nature of a Tryal before Justices of the Peace at London, for many of the Commissioners for Goal Delivery are not Justices of the Peace for London; but in such Cases the Tryal must be before the Justices of Goal Delivery as upon Indictments ta∣ken before the Justices of Peace of London, as in the Case of Indictments ta∣ken before the Justices of the Peace of Middlesex.

But if Indictments at Newgate be originally taken before them as Justi∣ces of Goal Delivery, then it is Inquirable how the Jury sworn and Impan∣nelled to Inquire at the Sessions of the Peace for London or Middlesex do serve to present Indictments before the Justices of Goal Delivery at New∣gate, unless the Custome and usage will Warrant the two several Juries sworn at the Sessions of the Peace for London or Middlesex, are also by the same Oath and Impannelling to serve for the Grand Jury for the Commis∣sion of Goal Delivery, and Oyer and Terminer.

Upon Conference with the Clerks for Newgate of London and Middlesex, and the Clerks of Assizes, and view of the several Entries, more certain re∣solution may be given as occasion may be offered in any particular Case.

Kidders,

see Cattle, Corn.

Killing,

see Coron.

King,

see Prerog.

Kings-Bench,

see Justices Certiorari.

Labourers,

see Apprentice.

Lace,

see Drapery, and Merchants.

Lader,

see Corn.

Larceny,

see Coron.

Latten,

see Mettle.

Law,

see Pleading.

Leap-year,

see Days.

Lead,

see Mettle.

(Leather.)

Tanners, Curriers, Cordwainers.

I. LAmbert 446. Articles of Inquiry at Sessions,* 117.28 if any person have re∣grated, ingrossed, or got into his hands any Oaken Bark, to the in∣tent to sell the same again, 1 Jac. 22. § 19. N. 1. Lamb. 432.

II. Lamb. 446.* 117.29 Enquiry at Sessions if any person have forestalled any Hydes, or bought any Hides out of open Market or Fair, unless of such as have killed Beasts for their own provision, 1 Jac. 22. § 7. N. 3.

III. Lamb. 454. Charge at Sessions,* 117.30 If any Butcher have gashed or cut the Hides of any Ox, Bull, Steer or Cow, whereby it is impaired, or have watered any Hide, except in June, July, and August, or have put to Sale any putrified or rotten Hide, 1 Jac. 22. § 2. N. 1.

IV. Lamb. 454, 455.* 117.31 If any during the time that he hath used the Occu∣pation of a Butcher, have also used the Mystery of a Tanner, 1 Jac. 22. § 4. N. 1.

V. Lamb. 455.* 117.32 If any person during the time that he hath used the My∣stery of a Tanner, have used also the Mystery of a Shoomaker, Currier, Butcher, or of any Artificer using the Cutting or Working of Leather, 1 Jac. 22. § 6. N. 1.

VI. Lamb. 455. If any person,* 117.33 other then such who had a Tan-house 19 March 1606, and did then occupy Tanning of Leather, or hath been taught as an Apprentice, or hired Servant seven years in the Mystery of Tanning of Leather, or hath been Wife to a Tanner; or Son of a Tanner, brought up in that Mystery four years; or Son or Daughter of a Tanner; or such person as hath married the Wife or Daughter of a Tanner, that left to the same his Tan-house, and Fatts, have Tanned any Leather, or taken any profit by Tanning thereof, 1 Jac. 22. § 5. N. 1.

VII. Lamb. 455. If any person have bought, contracted for,* 117.34 or bespoken any rough Hide, or Calve-skin in the hair (except Salt Hides for the use of Ships) but such persons only as shall have the same, or shall and may by this Act Tan the same, or have bought, sold, or bespoken any Tanned Lea∣ther, not wrought into made Wares (other then necks and shreds of Sadlers, and Girdlers) but such persons only as will convert the same into made Wares, 1 Jac. 22. § 7. N. 1. & § 8. N. 1.

VIII. Lamb. 455, 456. If any Tanner have suffered any Hide to lye in the Limes till the same be over-limed,* 117.35 or have put any Hides into any Tan-fatts

before the Lime be perfectly wrought out of them, or have used any thing in Tanning other then Ash-barke, Oak-barke, Tapwort, Mault, Meal, Lime, Culver-dung, or Hen-dung; or have suffered his Leather to be frozen, or to be parched with the Fire, or Sun, or have Tanned any rotten Hides, or have not suffered the Hides for outer Sole-Leather, to lye in the Woozes Twelve Months, and for the Upper-Leather Nine Months, or have negli∣gently wrought the Hides in the Woozes, or have not renewed the Woo∣zes, as oft as was requisite, or have put to Sale any Tanned Hide not wrought according to this Statute, 1 Jac. 22. § 11. N. 1.

* 117.36IX. Lamb. 456. If any Tanner have raised with any mixtures any Hides to be converted to Backs, Bend-Leather, Clouting-Leather, or any other Sole-Leather, except the same be fit and sufficient for that use, 1 Jac. 22. § 13. N. 1.

* 117.37X. Lamb. 456. If any person have put to sale any Tanned Leather, red and unwrought, but in open Fair or Market, in the places therefore prepa∣red, unless it have been first lawfully Searched and Sealed in some open Fair or Market; or have put to Sale any such Leather, before it hath been Searched or Sealed according to this Statute, 1 Jac. 22. § 14. N. 1.

* 117.38XI. Lamb. 456. Inquiry in Sessions, if any Tanner have put to sale any Leather insufficiently, or not throughly Tanned, or not well and through∣ly dryed, 1 Jac. 22. § 15. N. 1.

* 117.39XII. Lamb. 456, 457. Inquiry in Sessions, If any person have set his Fatts in Tan-hills or other places, where the Woozes or Leather to be Tanned in the same may take any unkind heats, or hath put any Leather into any hot or warm Woozes, or hath Tanned with hot or warm Woozes, 1 Jac. 22. § 17. N. 1.

* 117.40XIII. Lamb. 457. If any person have felled any Oaken Trees meet to be Barked, where Bark is worth two shillings a Load above the charges of Barking and Pilling (Timber for building and Reparations excepted) but between the first day of April, and the last of June, 1 Jac. 22. § 20. N. 1.

* 117.41XIV. Lamb. 457. If any Currier have Curried any Leather but in his own house, situate in a Corporate or Market Town; or have Curried any Leather not well Tanned, or not throughly Dryed after his wet Season, or have used in his wet Season, any deceitful means to corrupt the same; or have Curried any outer Sole-Leather with any other stuff then hard Tal∣low, or less of that then the Leather will receive, or Inner-Sole, or Over-Leather with any salt stuff, or have not liquored them throughly; or have burned, scalded, or shaven too thin, or not wrought sufficiently any Lea∣ther, or have gashed or hurt any Leather by any means, 1 Jac. 22. § 22. N. 1. &c.

* 117.42XV. Lamb. 457, 458. If any Currier have, during the time that he hath used Currying, used the feat of a Tanner, Cordwainer, Shoomaker, Butcher, or other Artificer using cutting of Leather, 1 Jac. 22. § 25. N. 1.

* 117.43XVI. Lamb. 458. Inquiry at Sessions, if any Currier have refused to Cur∣ry Leather in Eight days in Summer, and sixteen days in Winter, in all de∣grees perfectly, any Leather brought by any Cutter of Leather, or his Ser∣vant, bringing with him good stuff for the perfect liquoring of the same, 1 Jac. 22. § ••6. N. 1.

* 117.44XVII. Lamb. 458. Inquiry at Sessions, if any Shoomaker have made any Boots, Shoes, Buskins, Startups, Slippers, or Pantofles, or any part of them of English Leather well Curried (other then Deer, Calve or Goat-skins dres∣sed like Spanish Leather) but of Leather well Tanned or Curried, and well Tanned only, and well Sewed with Thread well Twisted, Waxed and Ro∣sined, with the stitches hard drawn with Hand-leathers, and without mix∣ing Neats and Calves Leather in the Over-leathers thereof: Or have put in∣to any Shoes, Boots, &c. any Leather made of Sheep-skin, Bull-hide, or

Horse-hide, or into the Upper-leather of any Shoes, Startups, Slippers or Pantoffles, or into the nether part of Boots (the inner part of only excepted) any part of the womb, neck, shank, flank, harle, or cheek of any Hide, or in the Utter Sole, other then the best of the Ox, or Steer Hide, or into the inner Sole, other then the Wombs, Neck, Poll or Cheek, or in the Treswelts of the double-soled Shoes, other then the flanks of any the said Hides, or have put to Sale in any year between the last of September, and the twentieth of April, any Shoes, Boots, Buskin, Startups, Slippers or Pan∣toffles, meet for any person above four years old, wherein hath been any dry English Leather, other then Calve or Goat-skins dressed like Spanish Leather, or have shewed for Sale any of his Wares upon the Sunday, 1 Jac. 22. § 28. N. 2.

XVIII. Lamb. 459. Enquiry in Sessions,* 117.45 If any Lord of Fair or Market have not appointed two or three honest and skilful men to be Searchers and Sealers of Leather there, and six honest and expert men to try the same Leather, and if such Tryers have done their duty therein; and if any Sear∣cher, or Sealer so appointed have refused with speed to Seal good Leather, or have allowed insufficient Leather, or have received any Bribe, or exacted any undue Fee for execution of his Office, or if any person duly Elected Searcher or Sealer refuse to execute the same Office, 1 Jac. 22. § 35. N. 1.

XIX. Lamb. 459. Inquiry at Sessions,* 117.46 if any person have denied any such Searcher to enter into any house or place to search Tanned Leather, or Wrought Ware, or to seize and carry away that which was insufficient: or have put away any Tanned Leather red and unwrought without Registring the same, and the price thereof, or have bought any Tanned Leather before it was searched and sealed, or have carried it out of any Fair or Market be∣fore it was Registred, 1 Jac. 22. § 40. N. 1. &c. 41. N. 1.

XX. Lamb. 459, 460. If any person,* 117.47 to whom any unlawful Leather or Stuff hath been given by this Act, have given or sold the same to any Per∣son that hath sold the same again, 1 Jac. 22. § 47. N. 1.

XXI. Crumpt. 97. b. 124. b. Item,* 117.48 The General Sessions may enquire of those who offend against the Statute 5 Eliz. 8. of Tanners, and 1 Jac. 22.

Lent,

see Days, Fish, Religion.

Letters,

see Ways.

Letters of Administration,

see Administrators, Executors.

(Leet.)

Peace, Justices.

I. 1 Ed. 4. cap. 2. § 1. N. 4. That the Sheriffs, Under-Sheriffs,* 117.49 Clerks or Bayliffs, and their Ministers, shall bring and present and deliver all such In∣dictments and Presentments taken before them, or any of them in their Turns or Law-days, to the Justices of the Peace at their next Sessions of the Peace, that shall be holden in the County where such Indictments and Pre∣sentments shall be taken before the Justices of such County for the time be∣ing, Lamb. 426.

II. Lamb. 596. The Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of Peace at their next Sessions,* 117.50 the Indictments found in his Turn or Law-day. It seemeth also by way of admittance in 27 H. 8. 2. Indictment Br. 1. that the liike ought to be done of Presentments of Fe∣lony in any Leet by virtue of the said Statute, but that is further to be en∣quired of, for I find no better Warrant for it.

* 117.51III. Lamb. 534. Mombray 41 Ed. 3. 26. Traverse per Br. 2. saith further, That in a Leet such a Presentment of Felony is not Traversable, because out of a Leet no Process can be Awarded upon it.

* 117.52IV. 14 & 15 H. 8. 10. § 1 N. 3. And that, &c. Stewards of Leets shall have full power to enquire of tracing or killing Hares, &c.

* 117.53V. 1 Jac. 5. No Stewards of Leets, &c. to receive the profits to their own use.

Libels,

see Slander.

Liberties,

see Franchise.

(License.)

* 117.54I. LAmb. 331. Any two Justices may License diseased persons, living of Alms, to Travel without begging to Bath or Buckstone for remedy of their Grief, Crumpt. 198. al. 199. b. 39 Eliz. 4. § 7. N. 1. Dalt. 100. cap. 40.

* 117.55II. Lamb. 345. He that is Convict before the Justices for abusing a License for Transporting Victuals, shall likewise be Committed by them, and shall remain there a•• whole year without Bail or Mainprise, 1 & 2 Phil. & Mar. 5.

* 117.56III. Lamb. 430. Inquiry in Sessions if any Parson, Vicar or Curate, have taken above four pence for entring into the Church-Book the License of a sick person to eat flesh upon fish days, 5 Eliz. 5. § 21. N. 1.

* 117.57IV. Lamb. 601. The Licenses for Badgers and Drovers, &c. are to be granted in open Sessions, Crumpt. 80 b. 5 Eliz. 12. § 4. N. 1.

* 117.58V. Dalt. 127. cap. 47. I do not find that any one or more Justices of the Peace may, or can, in any Case, License any man to beg, or ask relief at all, &c. and therefore Quaere of such Briefs and Licenses as lately have come from, or in the name of the Lord Mayor of London, licensing poor persons to Travel, and to ask and beg relief in their Travel, &c.

* 117.59VI. Dalt. 127. cap. 47. Yet any one Justice of Peace may License Labou∣rers in Hay and Harvest time to pass from one Country to another to work, but not to wander or beg, 5 Eliz. 4. §. N.

VII. Lamb. 330. Any two Justices of Peace may give allowance for ur∣gent and necessary occasions, to remain in an Inn, Victualling-house, or Ale-house, 1 Jac. 9. § 2. N. 5.

VIII. Lamb. 349. Two Justices of Peace, the one being of the Quorum, may prohibit and remove common Ale-selling, and may also allow the same, &c. 5 & 6 Ed. 6. 25. § 1. N. 2. Crumpt. 198, 197. Dalt. 21. cap. 6.

IX. 33 H. 8. 6. § 8. N. 1. All Patents &c. to License to shoot in Cross-bows and Hand Guns void.

* 117.60X. 33 H. 8. 9. § 13. N. 1. License of Gaming-house to contain the parti∣cular Games, and Persons, &c.

* 117.61XI. 1 & 2 Phil. & Mar. 4. § 6. N. 2. License to Egyptians to continue in England, or Wales void.

* 117.62XII. 5 Eliz. 5. § 18. N. 1. License to eat flesh on fish days, otherwise then prescribed in this Statute, void. Crumpt. 17.

* 117.63XIII. 8 Eliz. 6. § 5. N 1. License to Transport Cloth, extends not to Ken∣tish and Suffolk, &c.

* 117.64XIV. 13. Eliz. 3. §. N. Departing the Realm without, or staying after expiration of License, on notice by Proclamation, forfeits Lands for life &c.

XV. 12 Car. 2. 25. §. N. License to retail Wines must be to Trader or Owner of House.* 117.65

XVI. 15 Car. 2. 11. § 15. N. 1. None to Retail Coffee,* 117.66 &c. without Li∣cense first had in General Sessions.

XVII. 29 Car. 2. 7. § 2. N. 1. License of Wherry-Barge, &c. in the Thames on the Lord's-day to be by Justice of the Peace of the County,* 117.67 &c. or head Officer adjoining, &c.

XVIII. Crumpt. 80. b. Note, That 5 & 6 Ed. 6. 14. § 16. N. 1. speaks of him that is known for a common Drover, and not of any petty Chapman: And 5 Eliz. 12. § 4. N. 1. speaks of common Drovers, and not of any petty Chap∣man; and it appears that the intent of this Statute is to repress the num∣ber of Drovers, Badgers, and Laders, &c. of Corn, &c. Therefore see if the Justices can License petty Chapmen to buy Cattle as common Dro∣vers.

XIX. Crumpt. 17. Charge at Sessions, That no Butcher, nor other person,* 117.68 tho he be Licensed, shall kill or dress in Lent to the intent to sell, 1 Jac. 29. §. N.

XX. Crumpt. 199. b. Two Justices of Peace may give License to Fencers,* 117.69 &c. Pedlers, Tinkers, and petty Chapmen to go, so that they be not taken as Rogues, 14 Eliz. 5. §. N. 39 Eliz. 4.

Lying in wait,

see Coron.

Linnen-Cloth,

see Drapery.

Liquors,

see Ale.

Liveries,

see Maintenance.

Logwood

see Drapery.

Long-bows,

see Games, and Shooting.

Loiterers,

see Poor.

London,

see Franchise, Justices.

Lord's-day,

see Days, Religion.

Lunatick,

see Infant.

Maim,

see Affray, Trespass.

Malice,

see Coron. Intendment.

Mainprise,

see Bail.

(Maintenance.)

Liveries, Embracery, Champerty, Barretors.

I. 19 H. 7. 13. § 1. N. 11. Every person duly proved to be a Maintainer or Imbraceor of Jury on Riot,* 117.70 shall forfeit 20 li. and be Commited at dis∣cretion of the Justices, Crumpt. 199. b.

II. Lamb. 435. Inquiry in Sessions, if any have by himself,* 117.71 or other for him, given any Livery, or Sign, or Company, or Badge, or tetained any man, other then his Houshold-servant, Officer, or Learned man in the Law, 1 H. 4. 7. & 7 H. 4. 21. & 8 Ed. 4. 2.

III. Crumpt. 93. b. Charge to Jury in Sessions to inquire of Maintainers,* 117.72 Confederators, Conspirators, Imbraceors, and undertakers of Quarrels, Mat∣ters, and other businesses, and of Champertors; and if Maintainers be Convict, they shall forfeit as much as they can, 20 Ed. 3. 4. §. N. and the

Champertor ten times as much as he hath taken, Fitzherbet Ip. 118. see Tit. Maintainers, Imbraceors, &c. Crumpt. 175.

IV. Crumpt. 174. a. 175. b. The Justices of Peace may hear and determine by Inquiry at the Quarter Sessions, or by Information given to them of Maintainers and Imbraceors, and award Execution of the forfeiture of Mo∣ny or Imprisonment, or both, according to the Statutes thereof made, where∣of they are Convict, 33 H. 8. 10. §. N. & 37 H. 8. 7. §. N.

V. West Symb. 2 part 100. b. Sect. 89. An Indictment for Maintainance in an Assize, Lamb. preced. 14. pl. 37.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod I.C.T.C. ac I.P. de O. in Com. E. predict' Yeomen, ac alii de confedera∣tione & communia predictorum I.C.T.C. & I.P. existentes, quoddam pla∣citum Assizae Novae Disseisin quod nuper Summonitum fuit in curia dicti Domini Regis coram dilectis & fidelibus dicti Domini Regis I. S. & I. K. & aliis nuper Justiciariis ipsius Domini Regis ad Assizam illam capiend' assignat' per Breve ipsius Domini Regis inter W. S. Querent' & I. H. Tenent' de quodam libero Tenement' in N. & S. in Com E. pre∣dict. videlicet pro medietate inde sibi & haeredibus suis imperpetuum, videlicet pro C li. Sterling' in pecunia numerata in hac parte habenda, per conventionem inde inter predict' N. S. & praefatos I.C.T.C. & I.P. X die mensis Augusti Anno Regni, &c. apud O. predict' in dicto Comitat. factam pro quod' predict' W.S. contra prefat' I. H. dict' die Anno & loco assumpserunt manutenend' & manutenuerunt in magnum dicti Domini Regis contempt' ac contra form' diversorum Statutorum hujus Regni sui Angl. in hujusmodi casu provisorum ac edit.

2. Ibid. Sect. 90. An Indictment for Maintainance in an Assize of fresh force, 3 Ed. 1. W. 1. cap. 25. infrà 11.

Essex. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod cum de communi consilio Domini Edw. nuper Regis Angl. primi proge∣nitor' Domini Regis nunc provisum sit quod nullus minister, vel aliquis alius manuteneat placita, quaerelas vel negotia, quae sunt in curia Domi∣ni Regis de Terris, Tenement' Aut aliis rebus quibuscun{que} pro parte rei petitae vel aliquo proficuo per convent' factum inde habend' nec aliquis jus suum sub hujusmodi conditione alteri dimittat quidam W. P. &c. si∣mul cum R. B. &c. X die, &c. Anno Regni, &c. Quandam quaerellam cujusdem Assizae friscae forciae quae est in curia Domini Regis nunc Comi∣tatis E. coram E. B. Major, & C. D. Vicecom' ejusdem Cviitatis sine Brevi ipsius Domini Regis nunc secund' consuet' Comitat' predict' inter quosdam I. R. & T. L. de uno messuagio cum pertinent' in curia predic' pro parte ejusdem messuagii videlicet, pro medietate messuagii illius sibi & haeredibus suis imperpetuum & alio proficuo, videlicet pro medietate damnorum in quaerela Assizae praedict' recuperand' inde habend' per con∣ventionem inter praefat' I. ac predict' W. & R. S. apud E. predict' factum assumpsit manutenend' & manutenuit ad grave damnum ipsius T. L. & contra formam provisionis predict' &c.

VI. West Symb. 2. part 225. Sect. 182. An Indictment for giving a Livery, 7 H. 4. 14. & 8 H. 6. 4. & 8 Ed. 4. cap. 2. Lamb. Precedents, 16. b. pl. 44.

Essex. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod T. B. de C. in Com' E. predict' Armig' X die Sept. Anno Regni, &c. apud C. predict' in Com' E. predict' quasdam liberatas vesturae, videlicet, cui∣dam A. B. de C. predict' in Com' E. predic' Yeoman, tres ulnas panni la∣nei colorat' Veneti pretii xx s. Et C. D. de B. in dict' Com' Yeoman, alias

tres ulnas similis panni lanei eorund' coloris & pretii, ad duas seperales tunicas pro prefat' A. B. & C D. inde faciend' dedit & distribuit ubi re∣vera prefat' A. B. & C. D. aut eorum alter nunquam fuerant aut fuit, do∣mestici Servientes aut Domesticus Serviens, Officiarii, sive Officiarius, Bal∣livi, sive Ballivus, dicti T.B. aut de Consilio ipsius T. B. in una lege sive altera Eruditi vel Eruditus in magnum dicti Domini Regis contempt' ac contra form' diversorum Statutorum in hujusmodi casu antehac pro∣vis. ac edit.

2. Ibid. Sect. 183. An Indictment for receiving and using a Livery, Lamb. Precedents 16. b. pl. 45.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de C. in Com' E. predict' Yeoman, unam liberatam panni, videlicet, tres ulnas panni lanei coloris Veneti Anglice vocat' Watchet ad valent' xx s. ad tunica inde sibi faciend' de T. B. de C. predict' in Com' E. pre∣dict' Armiger, apud C. predict' in dicto Com' E. X die August. Anno Reg∣ni, &c. recepit ac eandem tunicam à dicto X die, &c. Anno supradict' usque xx diem mensis Sept. Anno supradict' apud C. predict' in Com' E. predict' & alibi in diversis locis infrà Com' predict' usus est ubi idem A. B. dicto tempore receptionis liberat' predict' aut unquam postea non fuit fami∣liaris, Officiarius, Ballivus, aut de Consilio dicti T. B. in una lege aut al∣tera Eruditus in magnum dicti domini Regis contempt' ac contrà form' diversorum Statutorum in hujusmodi casu antehac provis. & edit.

3. Ibid. Sect. 184. An Indictment for giving, receiving and using of Liveries, contrary to 7 H. 4. cap. 14. & 8 H. 6. cap. 4. Crumpt. 262. pl. 96.

Essex ss.

Juratores super sacramentum suum dicunt, quod cum in Statut' Do∣mini Henrici nuper Regis Angliae Quarti, Anno Regni sui VII, ac in Sta∣tut' in Parliament' Domini Henrici VI. bonae memoriae, Anno Regni sui VIII, apud W. in Com' M. tent' & edit' inter cetera continetur, quod non liceat alicui cujuscun{que} Status, Gradus seu conditionis fuerit, dare ali∣quam liberatam Vesturae, vel capic' alicui personae, nisi tantummodo fami∣liaribus, Officiariis, Ballivis & Servientibus suis, ac aliis hominibus de Con∣silio suo in una lege seu altera Eruditi, sub poena C. S. de Terris & Tene∣ment' bonis, & catallis hujusmodi liberat' dantes 54. s. de Terris & Tene∣ment' bonis & catallis hujusmodi liberat' recipient' sive utent' toties quo∣ties aliqua liberat' in contrarium Stat' pred' dat' seu accept' fuerit levand'.

Quidam tamen R. B. de C. in Com' E. predict' Statutum predict' minimè ponderans, quasdam liberat' Vestur' videlicet diversas togas co∣loris Frost-Meadow quibusdam I. de B. Yeoman, &c. S. C. de eodem Yeo∣man, qui nec sunt nec unquam fuerant Servient' Officiar' Ballivi seu fa∣miliarum ipsius R. B. nec in lege una seu altera aliqualiter Erudit' aut instruct' X die, &c. Anno Regni, &c. Apud, &c. dedit & distribuit, & predict' I. & S. easdem togas continue, à predict' X die Anno, & loco su∣pradict' contra form' Statut' predict' receperunt, & eisdem togis continuè à predict' X die, &c. usque, &c. Apud E. F. & S. in Com' E. predict' usi fuerunt in contempt' dicti Domini Regis, legis{que} suae dedecus manifest' ac contrà form' Statut' praedict'.

West Symb. 2. Part 149. b. Sect. 323. An Indictment of Maintenance in a formedon in discendre contrà, 20 Edw. 3. cap. 4. & 13 Edw. 1. W. 2. cap. 49.

Essex ss.

Inquiratur pro Domino Rege quod cum in Statuto in Parliament' apud Westm. in Com' Middlesex nuper edit' inter cetera continetur, quod nul∣la persona de Regno Domini Regis Angliae cujuscun{que} status, gradus seu

condition' fuerit, aliquam quaerelam in aliqua curia, nec alibi manute∣neat, nec sustineat super penam imprisonament' & faciend' Domino Re∣gi finem & redemptionem, ad voluntatem ipsius Domini Regis prout &c.

Quidem tamen P. M. de P. in Com' E. predict' Yeoman, Statut' pre∣dict' minimè Ponderans quandam querelam cujusdam loquelae quae A. in curia Domini Regis nunc coram Justiciariis dicti Domini Regis, de com∣muni Banco apud Westm. predict' per Breve ipsius Domini Regis de for∣ma donationis en discendre inter R. G. Querent' & N. A. Tenent' de V Acris Terrae, &c. cum pertinentiis in C. pro parte ipsius N. tenend' II. die Apr' Anno, &c. apud N. in Com' predict' manutenuit, & susten∣tavit, & adhuc sustentat in dicti Domini Regis nunc contempt', ac con∣trà form' Stat' & contrà pacem dicti Domini Regis.

VIII. West. Symb. 2. part 157. sect. 351. An Indictment for Maintainance in C. B. upon 20 Ed. 3. cap. 4.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant quod cum in Statut' in Parliament' Domini Edw. nuper Regis Angl' Tertii, apud Westm. in Com' Middlesex, Anno Regni sui XX. tent' edit' inter cetera continetur quod nulla persona Regni Angl' cujuscun{que} status, gra∣dus seu conditionis fuerit, aliqam quaerelam in Patria, nec in curia Do∣mini Regis manuteneat seu sustineat, sub-poena Imprisonament', & faciend' dicto Domino Regi finem, & redemptionem ad voluntatem dicti Domi∣ni Regis quilibet juxta statum, gradum & demerita sua, prout in eodem Statut' plenius apparet.

Quidam tamen T. D. nuper de &c. Statut' predict' aut penam in eo∣dem content' minimè ponderans die & Anno, &c. quandam quaerelam loquelae quae est in curia dicti Domini Regis ad placita per Billam inter quendam M. C. viduam, & I.F. sub Vicecom' & T. P. Vicecom' Middlesex, ad quandam transgressionem eidem M. E. prefat' I. illat' ut dicitur pro parte predict' M. in curia dicti Domini Regis manutenuit & sustentavit, & adhuc manutenet & sustentat, in dicti Domini Regis nunc contempt', & populi sui grave Damnum, ac contra form' Statut' & ordinat' pre∣dict.

IX. West. Symb. 2. part 113. sect. 137. An Indictment for Maintenance in debt on 32 H. 8. cap. 9. Crumpt. 264. b. pl. 102.

Essex ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod cum in Statuto in Parliament' Domini Henrici nuper Regis Angl' VIII. apud Westm. in Com' Middlesex, 28 die April, Anno Regni sui 31 In∣choat', Tent', & ibidem per diversas Prorogationes usque 25 diem Maii, Anno Regni sui 32 Prorogat' & continuat' & tunc, & ibidem tent'

Per dictum Dom' Regem cum assensu Dominorum Spiritualium & Tem∣poralium, ac Communitatis in eodem Parliament' Congregat' nec non Autoritate ejusdem Parliament' inter alia ad tunc & ibidem inactitat' ex∣istit, quod nulla persona sive personae cujuscun{que} status, gradus seu condi∣tionis, ipse, vel ipsi, fuerit, vel fuerint, ex tunc de cetero illicitè manute∣neret, sive manutenerent, aut causaret sive causarent, procuraret sive procurarent, aliquam illicitam manutentionem in aliqua actione, deman∣da, secta sive quaerela, in aliqua curia Domini Regis, Cancellariae, Came∣rae Stellatae Albae Aulae, aut alibi infra aliqua Dominia Regni Angliae, vel Walliae, sive in Marchiis earund' ubi aliqua persona, sive aliquae personae habent, seu extunc imposterum haberent Autoritatem virtute Commissio∣nis Domini Regis suarum Literarum Patent' vel Brevis ad tenend' placita terrae, vel examinand' audiend', sive determinand' aliquem titulum de terra, sive aliquam materiam vel testes concernent' titulum jus vel inter∣esse

aliquarum terrarum, tenement' sive hereditament' Ac etiam quod nulla persona, sive personae Cujuscunque status, Gradus vel Conditionis, ipse, vel ipsi, fuerit, sive fuerint, ex tunc in futuro Illicite retineret, sive retinerent, pro manutentione alicujus sectae, sive placiti, aliquarum per∣sonarum, aut aliquas personas, sive Imbrasiaret, vel Imbrasiarent, ali∣quos liberos tenentes vel Juratores, aut subornaret aliquos testes per li∣teras, munera promissa, sive aliquem alium sinistrum labor', vel medi∣um ad manutenend' aliquam materiam sive causam, aut ad disturbation' vel impediment' Justitiae, vel ad procuration' sive occasion' alicujus per∣jurium per falsum verdict' aut aliter in aliquibus curiis antedictis sub paena forisfaciend' pro qualibet hujusmodi offensa x l. Quorum una me∣dietas esset Domino regi, altera vero illi qui pro eadem prosequi voluerit per actionem debit' Billam Quaerelam sive Informationem in aliqua curia dicti Domini regis ubi nullum essonium protect' vadiat' legis sive Injunc∣tio allocabitur, prout in statut' predict' inter alia pleniùs Continetur.

Quidam tamen T. L. Statut' predict' minimè ponderans quandam ac∣tionem quae fuit in curia domini regis Coram Justitiariis suis de Banco in∣ter quendam R. B. quaerent' & quendam T. D. de placito debiti pro parte Dicti R. B. versus prefat' T. D. xxvii. die Junii, Anno regni, &c. apud S. in Com' predict' manutenuit & sustentavit in Justitiae manifestam re∣tardationem & disturbantiam, ac in dicti Domini regis nunc contempt' & predict' T. D. grave damnum, ac contrà formam statut' predict, &c.

X. Crumpt. 263. pl. 98. Indictment of using Liveries, Contra, to 1 H. 4. 7. § 1. N. 9. & 7 H. 4. Cap. 14. & 1 Rich. 2. 7. & 8 H. 6. Cap. 4.

Staff. ss.

Juratores pro Domino rege super sacrament suum dicunt quod cum in statuto Hen. 4. nuper Regis Angliae apud W. Anno regni sui primo tent' edit' inter cetera ordinat' existit quod nullus Archiepisco∣pus, Episcopus, Abbas, vel Prior, nec aliquis alius Ecclesiasticus, vel tem∣poralis, cujuscunque status, seu conditionis existat infra regnum Angliae à festo sancti Purificat' beatae Mariae virgin' tunc proxim' sequent' det aliquam liberat' panni, nisi solummodo familiaribus & officiariis suis, ac illis qui de consilio suo existunt, tam spiritualibus quam temporalibus, in una lege vel in altera eruditis sub paena faciend' finem & redemptionem ad voluntatem Domini regis.

Ac postmodum in Parliament' Domini regis supradict' Anno regni sui septimo tent' ordinatum fuit & statut' quod tam hoc statut' quam statu∣tum de capiciis tempore domini Richardi nuper regis Angl' secundi post conquestum fact' firmiter tenerentur, custodientur & in debita Execution' ponerentur, addit' eidem quod si aliquis miles vel aliqua persona minoris status det aliquam liberatam panni vel capiciorum contra formam statut' predict' immorat' paenam cent' solid' pro qualibet liberata panni vel capi∣ciorum Domino regi quoties in contrarium statutorum vel ordinationum predict' faceret, & quod ipse qui aliquam liberat' panni vel capiciorum receperit incurrat similiter paenam x l. solid' solvend' eidem Domino regi ut predictum est, & quod ipse qui in hoc casu sequi voluerit haberet me∣dietatem talium paenarum pro labore suo, & quod poenae predict' nullo modo pardonentur.

Ac in statuto in Parliament' Henrici vi. nuper regis Angliae apud Westm' in Com' M. Anno regni sui viii. tent' edit' ordinatum & stabi∣litum existit quod cum ordinatum sit per diversa statuta facta tempori∣bus nobilium progenitorum ipsius regis quod nullus miles sive aliquis alius de minore statu daret aliquam liberatam pannorum seu Capiciorum ali∣quibus nisi familiaribus & officiariis suis, & hominibus in una lege vel in altera erudit', sub paena Centum solid' de Donatore & xl s. de receptore levand' toties quoties fecerint in contrarium statut' predict' & quod ipse qui prosequi voluerit habeat unam medietatem paenae predict' postquam

hujusmodi dilinquentes debite convicti fuerint; & quod Justiciarii ad Assizas capiend' & Justiciarii pacis in quolibet Comitatu Regni Angl' Ha∣beant potestatem de tempore in tempus in Sessionibus suis ad Inquirend' de materia predicta, & illas Audiend' & terminand' prout in statuto pre∣dicto plenius continetur.

Quidam J. L. nuper de C. in Com' predict' Yeoman, & alii quandam liberat' panni viz. quilibet eorum unam togam coloris &c. de R. L. de S. Armiger' qui familiares sive officiarii sui aut de consilio suo in una lege vel in altera eruditi non existunt apud S. in Com' predict' die, &c. Anno &c. receperunt & eisdem togis A. dicto x die, &c. usque &c. usi fuerunt, & quilibet eorum usus fuit in Domini regis nunc contemptum, & contra form' statut' & ordinat' predict' &c.

XI. Crumpt. 268. pl. 106. an Indictment of Champerty, on 28 Ed. 1. St. 3. Cap. 11. West Symb. 100. b. pl. 90. supra 5 § 2.

Staff. ss.

Juratores pro Domino rege &c. super sacrament' suum pre∣sentant, quod cum de Communi consilio Regni Domini nostri Edw. nuper regis Angl' primi Anno Regni sui xxviii. progenitoris Domini regis nunc provisum sit quod nullus minister vel aliquis alius manuteneat placita, quaerelas vel negotia quae sunt in curia Domini regis de terris, tenement' aut aliis rebus quibuscunque pro parte rei petitae, vel aliquo proficuo per Conventionem factam inde habend', nec aliquis jus suum sub hujusmodi Conditione alteri dimittat, quidem W. P. &c. simul cum R. S. &c. x die &c. Anno &c. quandam querelam cujusd' Assizae friscae forriae quae est in curia dicti Domini regis nunc Civitatis E. Coram E. B. majore & C. D. vicecom' ejusd' Civitat' sine brevi ipsius Domini regis secundum consuet' Civitat' predict' inter quosdam J. R. & T. L. de uno messuagio cum perti∣nent' in Civitat' predict' pro parte ejusd' messuagii viz. pro medietate messuagii illius sibi & heredibus suis imperpetuum, & alio proficuo viz. pro medietate Damnorum in quaerela assizae predict' recuperand' inde habend' per conventionem inter prefat' J. ac predict' W. & R. S. apud E. predict' factam assumpsit manutenend' & manutenet ad grave Damnum ipsius T. L. & contra formam provisionis predict', &c.

May-poles,

see Games.

Man-slaughter,

see Coron.

Marches,

see Wales.

(Merchants)

Factors, Ouster le mere, Travellers, Trades, Ships.

* 127.1I. 31 Ed. 3. 7. § 1. N. 2. The King may assign Justices to inquire, hear and determine of exporters of Wool, Woolfels and Leather against the Sta∣tute of the Staple,* 127.2 Lamb. 590.

II. 1 & 2 Ph. & Mar. 5. § 6. N. 1. All and singular Justices of Peace, as well within Liberties as without, at any time within three years after the Offence, may as well by the Oaths to inquire, as also to hear and exa∣mine the Master and Marriners, and all others of Offendors in Transport∣ing Corn, Victuals, Wood, &c. and to hear and determine the same as other Trespasses, Lamb. 449. 503 Crumpt. 85. b. 86.

* 127.3III. 13 & 14 Car. 2. 13. § 3. N. 1. Any Justice of Peace on Complaint at time reasonable, may give Warrant to Constable to enter and search Shops, &c. being open, and to seize Forreign Imported Bonelace, Embroy∣dery, Cut-work, Buttons, Silke-works, &c.

IV. Lamb. 431.* 127.4 Enquiry in Sessions if any Officer have in any Town taken scavage or shewage, that is to say, any thing for the shewing of Ware or Merchandize that be truly Customed to the King before, 19 H. 7. 8. §. N.

V. Kilb. Presidents, 118.* 127.5 A warrant against those who abuse the Offi∣cers of the Customs, on 14 Car. 2. 11. §. N.

To the Constables and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Majesties Goal for the said County, at M. in the County aforesaid.

Kent. ss.

FOrasmuch as it hath been made appear unto me, that A. B. and C. D. persons appointed by His Majesty for managing the Customs (Officers of the Customs or their Deputies, &c.) have lately been forceably hindered (afronted, abused, beaten or wounded to the hazard of their Lives) in the due Execution of Offices in the said place by E. F. G. H. Armed with Clubs, &c. on board of the Ship called, &c. (or on the Land or Water, &c.) and J. K. &c. acting in their Aid and Assistance; these are therefore in His Majesties Name to require you the said Constables and Borsholders, and every of you, that you some or one of you do take the said E. F. G. H. and them convey to his Majesties Goal aforesaid, and them there deliver to the aforesaid Keeper of the same, together with this precept, requiring also you the said Keeper to receive them into the said Goal, and them there safely to keep till the next Quarter Sessions, there to be dealt withal as by the Statute in that behalf lately made is appointed; hereof fail not at your Perils.

Given under my Hand and Seal the x day, &c. An∣no, &c.

VI. Kilb. Presidents. 119.* 128.1 A Warrant against taking up uncustomed Goods, 14 Car. 2. 11 §. N.

Kent. ss.

FOrasmuch as complaint hath been made unto me that A. B. Carman, (Porter, Waterman, &c.) at E. in the County a∣foresaid, hath assisted in the taking up (Landing, Shipping off, or Convey∣ing away, &c. (of Goods, Wares, or Merchandizes) prohibited (or where∣of the Custome, Subsidy, or other duty are payable to the King) without the presence of any of the Officers of his Majesties Customes thereunto ap∣pointed (or at hours and times not appointed by law: or Goods passing by Certificates, Wast, Cochet or otherwise without the presence of, or notice given to one of his Majesties Officers,) these are therefore in his Majesties Name to will and require you, and every of you, that you some or one of you apprehend the said A. B. and him bring before me to answer the Pre∣misses, and farther to do and receive as by the said Statute in that behalf late∣ly made is appointed, hereof fail not at your Perils.

Given under my Hand and Seal the Tenth day, &c. Anno, &c.

VII. Kilb. Presidents. 120, 121. A Mittimus upon the precedent War∣rant, 14 Car. 2. 11.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Majesties Goal of the said County at C. in the County aforesaid.

Kent. ss.

FOrasmuch as it hath been duely proved before me, That B. C. hath assisted in the taking up, &c. of Goods, &c. Prohibited, &c. without the presence of any of the Officers of his Majesties Customes

thereunto appointed &c. These are therefore in his Majesties Name to re∣quire you the said Constable and Borsholders, and every of you, that you, some, or one of you, do convey the said B. C. to his Majesties Goal afore∣said, and him there deliver to the aforesaid Keeper of the same, together with this Precept, requiring also you the said Keeper to receive him into the said Goal, and him there safely to keep until he shall find sufficient Surety to be of Good behaviour, for so long time, until he be thereof discharged by the Lord Treasurer, Chancellor, under Treasurer, or Barons of the Exche∣quer, or otherwise by due course of Law. Hereof fail not at your perils.

Given under my Hand and Seal the Tenth day, &c. Anno, &c.

VIII. Upon the second like Offence, upon 14 Car. 2. 11. §. N.

Kent. ss.

FOrasmuch as it hath been duly proved before me, that C. D. hath assisted in the taking up, &c. of Goods, &c. Prohi∣bited, &c. without the presence of any of the Officers of his Majesties Cu∣stomes thereunto appointed, &c. and forasmuch as the said C. D. hath once before Offended in the like kind, and hath been duely Convicted thereof: These are therefore in his Majesties Name to require you the said Consta∣ble and Borsholders, and every of you, that you, some or one of you do convey the said C. D. to his Majesties Goal aforesaid, and him there deliver to the aforesaid Keeper of the same, together with this Precept, requiring also you the said Keeper to receive him into the said Goal, and him there safely to keep for the space of two months without Bail or Mainprise, or un∣til he shall pay the Sheriff of this County the Sum of Five Pounds for the use of his Majesty, or until he shall by the Lord Treasurer, Chancellor or under-Treasurer, or Court of Exchequer be thence discharged, or by due Course of Law, hereof fail not at your Perils.

Given under my Hand and Seal the Tenth day, &c. Anno, &c.

(Market Overt.)

Fairs, Toll, Property, Forestalling, Ingrossors, Regrators.

* 131.1I. LAmb. 345, 562. He that is Convicted before the Justices of the Peace for offending the Statute 5 & 6 Ed. 6. 14. § 4. N. 1. made against Forestalling, &c. shall be Committed to the Goal for two months without Bail or Mainprise, Crumpt. 155. b.

* 131.2II. Lamb. 443. Inquiry in Sessions if any have within these two years Forestalled, Regrated or Ingrossed unlawfully, 5 & 6 Ed. 6. 14. § 1. 2, 3. Crumpt. 79. b. 124. a. 193.

III. Lamb. 444, 445. Inquiry in Sessions if any Person have within these two years bought Corn in any Fair or Market for Change of his Seed, having then sufficient for his House, and for sowing his Ground for a year, and did not bring thither if he might so much as he did so buy, and did not the same day Sell it after the Price then going, 5 & 6 Ed. 6. 14. §. 8. N. 1. Crumpt. 80.

IV. Lamb. 446. Enquiry in Sessions if any Person have within these two years bought Oxen, Ronts, Steers, Kine, Heifers, Calves, Sheep, Lambs, Goats or Kids living, and sold any of the same again alive before he hath kept them five weeks, 5 & 6 Ed. 6. 14. § 9. N. 1. Crumpt. 81.

V. Lamb. 446. Enquiry in Sessions if any Person have Regrated, Ingros∣sed, or got into his hands any Oaken Bark to the Intent to sell the same a∣gain, 1 Jac. 22. § 19. N. 1.

VI. Lamb. 446. Enquiry in Sessions if any have Forestalled any Hydes, or bought any Hide out of open Market or Fair, unless of such as have kill∣ed Beasts for their own Provision, 1 Jac. 22. § 7. N. 3.

VII. Lamb. 446.* 131.3 Enquiry in Sessions if any Person have bought any Woollen Yarn, and have not made Cloth thereof, 8 H. 6. 5. §. N. or have bought any Wool but of the owner of the Sheep, and of the Tyth. 14 Rich. 2. 4. Crumpt. 95. b.

VIII. Lamb. 503.* 131.4 Upon the Examination of two lawful Witnesses the Justices of Peace may make Process as if it were upon an Inquisition of xii men, 5 & 6 Ed. 6. 14. § 10 N. 1. Crumpt. 126. b. 130. ab. 151. b. 194. b.

IX. Lamb. 576.* 131.5 Doubtless by special Provision made in 5 & 6 Ed. 6. 14. § 10. N. 4. against Forestallers, the Justices of Peace may make Executi∣on of the one moiety of the Forfeiture for him that sueth by Fieri facias or Capias, as the Kings Justices at Westminster use to do, Crumpt. 183. b. 194. b.

X. Lamb. 599. The Enquiry, hearing and determination of Forestal∣lings, Ingrossings and Regratings, may be at the Quarter Sessions, 5 & 6 Ed. 6. 14. § 10. N. 1.

XI. Crumpt. 80. b. Nota, that 5 & 6 Ed. 6. 14. § 16. N. 1. speaks of him that is known for a common Drover, and not of any pety Chapman, and 5 Eliz. 12. § 4. N. 1. speaks of common Drovers and not of any pety Chap∣man, and it appears by this Statute that the intent was to repress the num∣ber of Drovers, Badgers, Laders, &c. of Corn, &c. therefore see if the Ju∣stices can License the pety Chapmen to buy Cattle as the common Dro∣vers.

XII. Crumpt. 196. b. § 14. Justices of Peace in Sessions shall take recog∣nizances of Badgers and Drovers, that they shall not Forestal, nor Ingross, nor do any other thing against the Statute, 5 & 6 Ed. 6. 14. § 16. N. 1.

XIII. Dalt. 73. Cap. 27. Every Justice of Peace after sale made in open Fair or Market of any stoln Horse, &c. at any time within Six months af∣ter the said Sale may take, and hear the Claim and Proof of the right owner from whom the same was Stoln, or of his Executors or Administrators, or other person by their appointment, which proof must be by two sufficient Witnesses upon Oath to be made within Forty dayes next ensuing such Claim. 2 & 3 Ph. & Mar. 7. § 7. N. 1.

XIV. Dalt. 74. Cap. 27. If the Thief which stealeth a Horse shall sell the same in Market-Overt or Fair by a false name, and that be so Entred in the Toll-Book, such mis-naming of the Seller maketh the Sale void a∣gainst the right owner, and this was the opinion of Windham and Rhodes Justices. Anno 30 Eliz. Gibs and Bastel upon 2 & 3 Ph. & Mar. 7. § 4. N. 1. where Potter sold by the name of Lyster, and so Entred, and Plaintiff reco∣vered in Trover.

XV. 13 Ed. 1. St. 2. Winch. Cap. 6. § 1. N. 16. The King commandeth and forbiddeth, that from henceforth neither Fairs nor Markets be kept in Church yards for the honour of the Church, Crumpt. 16. b.

XVI. 27 H. 6. 5. § 1. N. 2. All manner of Fairs and Markets in the said principal Feasts (viz. of Ascention, Corpus Christi, Whitsunday, Tri∣nity Sunday, Assumption of our Lady, all Saints, &c.) and Good Friday, shall clearly cease from all shewing of any Goods or Merchandizes (necessa∣ry Victual only except,) on pain of Forfeiture of all the Goods so shewed, &c.

XVII. 3 Car. 1. Cap. 1. (2) § 1. N. 3. If any Butcher by himself,* 131.6 or any other for him by his Privity or Consent, shall kill or sell any Victual upon

the Lords day (called Sunday) such Butcher shall forfeit Six Shillings eight pence.

XVIII. Dalt. 74. Cap. 27. Also the Lord of such a Fair or Market kept upon the Sabbath day, contrary to the Statute (27 H. 6. 5.) may be there∣fore Indicted for the King, either at the Assizes and General Goal Delivery, or at the Quarter Sessions of the Peace within that County.

* 131.7XIX. Crumpt. 199. b. Two Justices of Peace may give License to Ped∣lers, Tinkers and petty Chapmen to Travel, so that they shall not be taken as Rogues, 14 Eliz. 5. §. N. 39 Eliz. 4. §. N. & 5 & 6 Ed. 6. 21. §. 1. N. 3.

XX. Lamb. 431. Enquiry at Sessions if the Clerk of a Market have taken any common Fine to dispense with faults: or hath ridden with more then six Horses, or hath tarried longer in the Country then the necessity of his business required, 13 Rich. 2. 4. §. N. Crumpt. Jurisd. 220.

* 131.8XXI. Lamb. 464. Enquiry in Sessions if any owner, Officer, or Ruler of any Fair or Market, have not appointed one certain open place there for the Sale of Horses, Geldings, Mares and Colts, and one sufficient Person to take Toll, and keep the said place: and if any such Toll-gatherer, or his Deputy have taken any more then one penny Toll for one Contract, or for Entring the names of the Parties, and that in the same place only, and between Ten of the Clock in the Morning and Sun setting, 2 & 3 Ph. & Mar. 7. § 2. N. 1.

XXII. Lamb. 464, 465. If any Person have in any Fair or Market sold, given, or put away any Horse, Mare, Gelding, Colt or Filly, unless the Toll-taker, Book-keeper, Bayliff, or Chief Officer thereof will take upon him per∣fect knowledge of the same Person, his Name, sur Name, and place of Dwel∣ing, or Residence, and shall enter the same into a Book kept for Horses Sold, or unless the said Person do bring to such Toll-taker, Book-keeper, &c. one sufficient and Credible Person that can and will testifie that he knoweth the Seller, Giver, or putter Away, his Name, Sur-Name, Mystery, and dwelling place, and there enter into such Book as well the same, as the Name, Sur-Name, Mystery, and place of Dwelling, or resiance of such Te∣stifier, together with the true Price that shall be taken for any such Horse, Mare, Guelding, Colt or Filly so Sold, none shall so testifie unless he do indeed truly know the same upon pain to forfeit v l. for every default in any the Premisses, and the like pain upon the Toll-taker, or other Offi∣cer aforesaid, that shall refuse to give the Buyer, or taker of such Horse, &c. a true Note in Writing of that his Entry, the Party paying two pence for the same, 31 Eliz. 12. §. N.

XXIII. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage, that is to say, any thing for the shewing of Ware or Merchandize that be truely Customed to the King before, 19 H. 7. 8. §. N.

XXIV. Dalt. 146. Cap. 65. Sir Francis Harvey hath often delivered in his Charge at Cambridge Assizes these Directions, scilicet, that one Justice of the Peace at the least ought to sit with the Clerk of the Market, to see the Kings Subjects be not wronged.

2. And that the Clerk of the Market ought to have with him his Dire∣ctions out of the Exchequer, &c.

XXV. West Symb. 2. part 124. b. sect. 179. An Indictment for Regrat∣ing of Corn in a Market, pract. Presidents, 71.

Essex. ss.

Inquiratur pro domino rege, &c. si W. T. D. N. in predict' Com' E. & A. B. &c. Laborers x die &c. Anno regni &c. & quam plurimis aliis diebus antea & postea fuerunt regratores mercati de D. in predict' Com' E. ac diversa genera Gravorum ad mercat' predict' per diversos ligeos

dicti Domini regis illuc adventur' viz. x Quarterii frumenti ad valent' vi l. apud D. predict' in predict' Com' E. regrat' ad Intentionem quod idem frument' iterum venderent ad grave Damnum populi dicti Domi∣ni regis & Contra Formam diversorum statut' in hujusmodi casu Edit' & Provis.

XXVI. West. Symb. 2. part 136. sect. 232. An Indictment for regrating of Corn.

Essex. ss.

Inquiratur pro Domino rege &c. si R. L. nuper de T. in Com' E. pre∣dict' Yeoman, & H. D. nuper de N. in Com' predict' Yeoman, xx die Ju∣nii Anno regni &c. apud B. & T. in Com' predict' Emerunt & regratave∣runt de T. S. R. R. & aliis ligeis Domini regis l. Quarter' frumenti pertii xxv l. Cent' quarteria Hordei pretii xxiv l. & al' frument' & Hordea in Do∣mibus mansion' suis ut regratores mercati dicti Domini regis accumula∣ver' & Custodiverunt ea Intentione ut frument' Hordea & alia grana sub suis Custodiis ad suum libitum exponere & vendere potuerunt, ob quod grana in mercat' & villis Comitat' predict' multipliciter Chariora & ra∣riora forent in grave damnum populi Domini regis, ac contra formam sta∣tuti in hujusmodi Casu Edit' & Provisi.

XXVII. Pract. Presidents, 59. An Indictment for Ingrossing of Corn to sell it again, 5 & 6 Ed. 6. 14. §. N.

Kanc. ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de C. in Com' K. predict' Laborer V die Maii Anno Regni, &c. apud M. in Com' K. predict' ac diversis aliis diebus tam antea quam postea diversa grana, viz. LXX quarteria Hordei & XXX quarteria tritici & XX quarteria brasii ad valentiam &c. Emit & Ingrossavit & in manibus suis tenuit ea Intentione ad vendend' grana predict' contra formam Statuti in hujusmodi casu Edit' & provisi, in contempt' dicti Domini regis nunc, & contra pacem dicti Domini regis Coronam & dignitatem suas.

XXVIII. West. Symb. 2 part 124. b. Sect. 180. An Indictment for Regrat∣ing of Fish and Butter, &c. Lamb. Precedents, 19. pl. 54.

Essex. ss

Juratores pro Domino Rege super sacramentum suum presentant, quod A B. de C. in dict' Com. E. Mercer XX die Julii Anno Regni, &c. apud C predict' in Com' E. predict' in quodam mercatu tunc ibidem tent' pro XL s. monet' Emit', regratavit, obtinuit & nactus est in possessione, & manus suas X paria piscium Angl. dict' Ten Couple of Lings, & tria vasa Butyri falsi Angl. vocat' Three Firkins of Salt Butter de quodam E. F. qui predict' X paria piscium, ac dict' tria vasa Butiri ad Eund' mercatum, ut ea ad tunc ibidem venderet adduxisset, & quod immediate postea scil. dict' XX die &c. Anno &c. supradict' idem A. B. in dicto eodem pleno mercatu tunc ibidem apud C. predict' in dict' Com' E. tent' eodem omnia dicta paria piscium ac butyri vasa cuidam H. R. pro LXXX s. legalis monet' dicti Domini Regis hujus Regni sui Angliae illicite vendidit in magnum reipublicae damnum ac contra form' diversorum Statutorum hujus Regni Angl. in hujusmodi casu provisorum ac editorum.

(Marriage.)

Bar and Feme, Coverture Women.

* 135.1I. LAmb. 416. Enquiry in Sessions if any Person being Married, shall Marry any other, the former Husband or Wife being alive, other then such Persons whose Husband or Wife have remaind beyond the Seas Seven years together, or hath absented him or her self one from the other Seven years together, within the Kings Dominions, the one not knowing the other to be Living, or that was at the time of such Marriage lawfully divorced, or whose former Marriage hath by Sentence Ecclesiastical been de∣clared to be void, or whose former Marriage was had within age of Consent 1 Jac. 11. § 1. N. 2. Crumpt. 52.

* 135.2II. Lamb. 555. Bigamus, that is to say, he that hath been twice Married, or which hath Married a Widow, may have his Clergy at this day, though in old time it were a good Counterplea against it, 4 Ed. 1. 5. de Bigamis, Dyer, 201. b. pl.

* 135.3III. Lamb. 544. Marrow saith also, that if Bigamy that ungodly Popish Counterplea had been alledged against one that prayed his Clergy, the Justices of Peace could not have written to the Ordinary to certifie the same.

* 135.4IV. An Indictment for Marrying without a Ring, in practick part of Justice, &c. 169. on 5 & 6 Ed. 6. 12. § 3. N. 1.

Midd. ss.

Juratores pro Domino Rege super Sacramentum suum presentant quod A. B. de C. in Com' M. predict' Clericus persona Ecclesiastica ac minister Ec∣clesiae de C. predict' existens, divisans & imaginans diversa varia & insolita scismata Ritus & Consuetudines inter populum dicti Domini Regis Regni sui Angl' spargere & suscitare & plurimos ligeos & vera pietatis & religionis Tramite necnon à Ritibus Ecclesiae Anglicanae & à forma ordinationis Commu∣nis precationis & divini servitii in Ecclesia Anglicana pie & recte stabilit' & usitat' in Densissimas Errorum tenebras producere primo die Martii Anno Regni, &c. apud C. predict' viz. in Ecclesia parochiali ibidem quasdam C. D. & E. uxorem ejus maritavit, & in juri matrimoniali Conjunxit non Dans prefat' E. ad tunc & ibidem tempore solemnizationis sponsalium inter eosdem C. & E. aliquem Annulum nuptialem prout Juxta morem & Consuetudinem Ecclesiae Anglicanae fieri debet & solet: sed idem A. B. ad tunc & ibidem sponsalia inter prefat' C. & E. Celebravit quantumvis prefat' E. Dicto tempo∣re Celebrationis sponsalia predict', aliquem Annulum non dedit contra formam Statut' & ordinationem in hujusmodi Casu Edit' & provis. in depravationem li∣bri Communis precationis ac contra pacem dicti Domini Regis Coronam & Dig∣nitatem suas.

Marshalsey,

see Coron.

Marshes,

see Husbandry.

(Masons.)

Tyles, Brick-layers, Lime Burning.

I. LAmb. 193. Any one Justice of the Peace by the large words of 17 Ed. 4. 4. § 1. N. 13. may enquire, hear and determine by his discretion, as well by examination as otherwise the offences committed in Tyle-ma∣king, and Assess the Fine therein limited, and may call before him at any time or place such as have best knowledge in Tyle-making, and appoint them searchers of the said defaults, but learn whether it be so to be taken or no, Crumpt. 195. b. § 23. Dalt. 140. cap. 59.

II. Lamb. 460, 461. Enquiry at Sessions. If any Tyle-maker have not dig∣ged and cast up his Earth for Tyle till after the first of November, or have not stirred and turned it till after the first of February following, or if he have wrought it before the first of March following, or if he have not wrought and tryed it from Stones, Veins and Chalk: Or if he have made, or any person have put to Sale any plain Tyle under ten Inches and a half in length, six Inches and a quarter in breadth, and half an Inch and a quarter in thickness,; or any Roof Tyle under thirteen Inches in length, and half an Inch and half a quarter in thickness, with convenient deepness: Or any Gutter-Tyles under ten Inches and a half in length, with convenient thickness, breadth and depth: And if any Searchers appointed for the Over-sight of the true making of Tyle have not done their effe∣ctual endeavour and diligence in this behalf, 17 Ed. 4. 4. § 1. N. 2. &c. Crumpt. 90. b. Dalt. 150. cap. 65.

III. Lamb. 500. Of like value (viz. as Verdict of XII.) is a Presentment made at the next Sessions by Searchers appointed to examine the true ma∣king of Tyles, 17 Ed. 4. 4. § 1. N. 19. Crumpt. 125. b.

IV. Lamb. 525. The Justices of Peace may hear by their discretion, as well by Examination as otherwise, at the suit of the King, or of the party the offences done against 17 Ed. 4. 4. § 1. N. 13. Crumpt. 130. b. Lamb. 528. 570.

V. Crumpt. 49. Charge at Sessions, you shall inquire of Congregations, and Confederacies done by Masons in their General Chapters and Assem∣blies, whereby the effect of the Statutes of Labourers is destroyed, if any such be Assembled; These who make such Assemblies, and hold these Chap∣ters, and Congregations, are Felons; and the other Masons that come to these shall be punisht by imprisonment, Fine, and Ransom at the King's Will, 3 H. 6. 1. §. N. & 1 Ed. 6. 12. §. N. 5 Eliz. 4. §. N. Fitzh. I.P. 115. Lamb. 225.

(Mettle.)

Brass, Pewter, Latten, Tynn, &c.

I. LAmb. 610. At the Quarter Sessions to be holden after Michaelmas, the Justices of Peace are to appoint Searchers for Brass and Pewter, 19 H. 7. 6. § 1. N. 15. & 4 H. 8. 7. § 6. N. 2.

Crumpt. 19. ab. Enquiry at Sessions, if any Pewterer or Brasier sell or ex∣change any Pewter or Brass, in any place, if it be not in Market overt, or Fair, or in their Houses, if he be not required by the buyer, he shall forfeit 10 li. for every default, 4 H. 8. 7. § N. & 19 H. 7. 6. §. N. & 25 H. 8. 9. Fitzh. I. P. 126. Lam. 460.

III. Crumpt. 90. b. If any Cast or Work any Pewter Vessel, or Brass that is not good and fine Mettle, as is wrought in London, and as by the Statute thereof made ought to be, shall forfeit the Pewter and Brass so Cast, and Wrought, Fitzh. I. P. 126.

IV. Crumpt. 90. If any make any hollow Ware of Pewter, as Salts or Pots, called Ley-mettle, which is not according to the Assize of Pewter or Ley-mettle, which is wrought in London, or doth not mark this with their proper marks, they shall be forfeit, 4 H. 8. 7. §. N. Fitzh. I. P. 126.

V. Crumpt. 90. b. Enquiry at Sessions, if any that use the selling or buy∣ing of Brass or Pewter, occupieth any deceitful or false Beams, or Weights, he shall forfeit 20 s. and shall be put in the Stocks until the next Market-day, and then shall be put on the Pillory in time of Market, 4 H. 8. §. N. Fitzh. I. P. 126.

VI. Lamb. 460. Inquiry at Sessions, if any Gold-smith, or Worker of Sil∣ver, have wrought any Silver that is not so fine in Allay as the Sterling, or have not set his mark upon his work before he set it to sale, 2 H. 6. 14. §. N. And if any have guilded any Sheaths, or any Mettle but Silver, saving the Spurs of Knights, and the Apparel of a Baron, or such as are above that state, 8 H. 5. 3. §. N. Crumpt. 89. b.

VII. Lamb. Precedents 20. pl. 56. An indictment against a Gold-smith.

••••••t ss.

Juratores pro Domino Rege super sacramentum suum presentant, quod A. B. de S. in dicto Comitatu Aurifaber secundo die Julii Anno Regni, &c. Apud S. predict' in Com' predict' quoddam Manubrium pugionis ferrei Anglice dict' a Dag∣ger-hilt of Iron, Cujusdam E. F. de S. predict' in Com' predict' Yeoman, valo∣ris duorum solidorum deauravit Anglice did guild with the finest Gold in mag∣num reipublicae detrimentum ac contra form' cujusdam Statuti in Parliament' Domini Henrici nuper Regis Angliae quinti, tent' Anno Regni sui octavo in hu∣jusmodi casu provisi & editi. West. Symbol' 2. part 109. b. sect. 122. 8 H. 5. 3. §. N.

Master,

see Apprentice.

Mass,

see Pope.

Mault,

see Corn.

Mean Acts,

see Days.

Menace,

see Affray.

Messages,

see Ways.

(Measures.)

Weights.

I. LAmb. 351. Two Justices of Peace, so that one be of the Quorum, may by Examination or Inquiry, hear and determine the faults of Head-Officers of Cities, Boroughs, and Market Towns, that do not yearly View and Examine Weights and Measures, and break and burn the defective: As also the defaults of Buyers and Sellers by other Weights and Measures then they ought to do, and may break and burn the defective Weights and Measures, and Amerce and Fine the Offenders by their discretion, and make Process against them, as if they were Indicted of Trespass against the Peace, 11 H. 7. 4. § 1. N. 13. 12 H. 7. 5. Crumpt. 199. b. 95. a. 131. 152. Dalt. 142. cap. 65:

II. Lamb. 431. Inquiry at Sessions if the Mayor of, &c. have taken above one peny for sealing a Bushel Measure, or above a half-peny for any other Measure; or above one peny for Sealing an Hundred-Weight, or above a half-peny for half a Hundred-Weight, or above a farthing for any less Weight, 7 H. 7. 4. §. N. & 11 H. 7. 4. §. N.

III. Lamb. 452. If any common Brewer, Baker, or Tipler, have broken the Assize of Bread, Beer or Ale, and if any Steward of Leet, or Officer in Market Town, have taken any Fine for breach of the Assize of Bread or Ale, in such case where Corporal punishment is appointed, 13 Rich. 2. 8. § 1. N.

IV. Lamb. 452. Inquiry at Sessions, if any have bought or sold by any unlawful Weights or Measures, or if any person have bought or sold in any City or Market, with any Weight or Measure that is not Lawfully marked or signed, 11 H. 7. 4. §. N.

V. Lamb. 452. Or have bought Corn by heaped Measure in any place, except within Ship-board, or have used double Measures, the one to buy, the other to sell with, 25 Ed. 3. St. 4. cap. 10. §. N. & 15 R. 2. 4. §. N. Crumpt. 94 b. Dalt. 145. cap. 65.

VI. Lamb. 452, 453. Inquiry at Sessions, if they of the Town where the King's Standard is appointed to remain, have not their Common Weights and Measures signed, or have not thereby signed Weights and Measures sold to all that have required the same, and if the Head-Officers of Market-Towns have not twice yearly made View and Examination of Weights and Measures there, 11 H. 7. 4. §. N. Crumpt. 94. ab.

VII. Lamb. 453, Inquiry at Sessions, if any Barrel for Beer contain not of the King's Standard 36 Gallons, the Kilderkin 18 Gallons, the Firkin 9 Gallons; every Barrel of Ale 32 Gallons, the Kilderkin 16 Gallons, and every Firkin 8 Gallons, 23 H. 8. 4. § 4. N. 1. Crumpt. 92. b. Dalt. 148. cap. 65.

* 137.1VIII. Lamb. 453. If any have made or brought into this Realm any Tun of Wine not containing 252 Gallons, or Pipe not containing 126 Gal∣lons, or Tertian not containing 82 Gallons, or Hogshead not containing 63 Gallons; or Butt of Malmsey not containing 126 Gallons; or Barrel of Herrings, not containing 32 Gallons of Wine-Measure, or Barrel of Eels not containing 42 Gallons, or Butt of Salmon not containing 84 Gallons, or any Kilderkins, Tertian, Ferkins, or Rundlets, but after the same rate, 2 R. 3. 13. 2 H. 6. 11. §. N. & 28 H. 8. 14. §. N. Crumpt. 92. b.

IX. Lamb. 453. Inquiry in Sessions, if any have made any Vessel of Soap, that being empty containeth not 32 Gallons for the Barrel, 16 for the half Barrel, and 8 for the Firkin, or weigheth above 26 li. the Barrel, and 13 li. the half Barrel, and 6 li. and a half the Firkin, 23 H. 8. 4, §. N. Dalt. 145. cap. 65. Crumpt. 92. b.

X. Dalt: 143. cap. 65. Troy Weight is by Law, and thereby are weighed Gold, Silver, Pearl, Precious-stones, Electuaries, Bread, Wheat, and all man∣ner of Grain or Corn, and this hath to the Pound 12 Ounces, or 20 s. Ster∣ling weight.

2. Averdupois Weight is by Custom, yet confirmed also by Statute, and thereby are weighed all kind of Grocery Wares, Physical Drugs, But∣ter, Cheese, Flesh, Wax, Pitch, Tar, Tallow, Wools, Hemp, Flax, Iron, Steel, Lead, and all other Commodities, especially such as bear the name of Gar∣bel, &c. whereof issueth refuse or wast.

* 137.2XI. Dalt. 145. cap. 65. The difference of Measure of Corn should seem to come partly from the diversity of Clerks of the Market, there being a Clerk of the Market for the King's House, another for the Prince, another for the Dutchy, others in Corporate Towns, and others belonging to Lords of Liberties, and partly from the abuse of divers Corporate Towns, and other priviledged Places or Liberties, where they by usurped Custom with∣out any good Warrant of Law have used to have, and to buy by such Mea∣sures, and where the Clerk of the Market for the King hath forborn or neg∣lected to meddle, in regard perhaps of their Corporation Liberty, or some other respect, but this abuse two Justices of the Peace, the one being of the Quorum, may reform, &c. 27 H. 8. 24.

XII. Dalt. 146. cap. 65. And note that the Clerk of the Market shall car∣ry with him all his Weights and Measures signed according to the Standard of the Exchequer, 16 R. 2. 3. §. N. and the Justices of Peace may, yea ought for to sit with the Clerk of the Market at his coming into the Coun∣try.

XIII. Dalt. 146. cap. 65. Sir Francis Harvey hath often delivered in his Charge at Cambridge Assizes these directions, scil.

• 1. That one Justice of the Peace at the least ought to sit with the Clerk of the Market to see that the King's Subjects be not wronged. And
• 2. That the Clerk of the Market ought to have with him his directions out of the Exchequer. And
• 3. That he may take no mony for any Bills, &c. And
• 4. That he ought to Seal no Bushel, or other Measures or Weights but once, and not yearly, as they use to do. And
• 5. That if after the first Sealing he shall take any thing for the Sealing thereof again, or for the shewing thereof, &c. it is Extortion, yea one of the greatest Oppressions, for that it concerneth almost all men.

XIV. Dalt. 147. cap. 65. For the punishment of the Bakers for their un∣lawful Bread, Quaere, Whither they shall only be Amerced, &c. after In∣dictment and Conviction of their said offence, or that the Justices of Peace, or Sworn Officers in Leets, may take away their unlawful Bread, and give it among the Poor, as Officers in Towns Corporate are inabled or appointed to do in the end of the Book of the Assize, Printed 1597. And all Justices of

Peace are there willed and required to be aiding and assisting to the said Offi∣cers therein. But by 51 H. 3. pag. 10. & 13 R. 2. 8. § 1. N. 4. Bakers and Brewers being Convict for not observing the Assize, the first, second and third time, they shall be Amerced: But if the offence be grievous, or often, then they shall suffer punishment of the Body without Redemption, scil. The Baker to the Pillory, and the Brewer to the Tumbrel or Cucking-stool, or some other Correction, Incert. temp. 85. cap. 5 & 6.

XV. Dalt. 148. cap. 65. No Cooper shall make any other Vessel for Beer, or Ale, to be sold within this Realm of any greater or lesser number of Gal∣lons, unless he shall cause to be marked upon every such Vessel of greater or lesser number of Gallons, the true and certain number, how many Gal∣lons such other Vessel shall contain, 23 H. 8. 4. § 4. N. 1. Crumpt. 92. b.

XVI. Dalt. 148. cap. 65. It appeareth by Mr. Crumpt. 94. b. That it was agreed by the Justices, that the Measure of Wine and Ale should be all one, but now by the Statute 1 Jac. 9. §. N. Ale and Beer shall be sold by Retail by one and the same Measure, scil. the Ale-Quart.

XVII. Dalt. 148. cap. 65. And for the Prices of all Vessels of Ale and Beer by the Statute 23 H. 8. 4. § 5. N. 1. any two Justices of Peace might Assess the Prices thereof, and that no Brewer shall take for any Barrel, Kil∣derkin or Firkin, &c. of Ale or Beer, but after such Prices, and Rates as shall be Assessed by the said Justices of Peace in the Country, or by the May∣or, or their Head Officers in Corporate Towns, &c. But now by 8 Eliz. 9. § 5. N. 1. The Assessment of the Prices thereof shall be by the Justices, or the more part of them, being present at the Easter Quarter Sessions, and only of such Vessels as shall be made or sold out of Cities or Corporate Towns, Crumpt. 93.

XVIII. Dalt. 149. Butter shall be Ale-Measure 32 Gallons to the Bar∣rel,* 137.3 the empty Vessel not to weigh above 26 li. Firkin not above 6 li. and half.

XIX. Dalt. 149. cap. 65. A weigh of Cheese is 32 Cloves, every Clove 8 li. of Averdupois, although 9 H. 6. 8. and the Assize Printed 1597, seem to make 7 li. to be a Clove; and yet by the Assize, the weigh of Suffolk Cheese must be 256 li. or 12 score and 16 li. Averdupois, and their Barrel of Butter is of like weight with the foist, but the weigh of Essex Cheese or Butter is 300 li. after the Rate of 5 score and 12 li. to the Hundred, which is 336 li. or 16 score and 16 li Averdupois.

XX. Dalt. 149. cap. 65. For the Assize of Fewel, scil. Cole, Talwood, Bil∣let, and Faggot, see 7 Ed. 6. 7. 43 Eliz. 14.

XXI. Dalt. 150. cap. 65. Note, That the Clerk of the Market may en∣quire of the Pole or Pearch whereby Land is measured, as well as of other Measures, Crumpt. Jurisd. 221. but the Justices of Peace are not to meddle therewith, especially out of their Sessions.

XXII. Kilb. Presidents 108. b. A Warrant on complaint touching Coals, on 16 & 17 Car. 2. 2.

To the Constables, &c.

Kent ss.

THese are in His Majesty's Name to require you to cause A. B. of &c. to come before us J. S. and W. B. Two of His Majesty's Justices of the Peace for this County, at the House of, &c. the Tenth day of, &c. to answer such complaint against him, for offences against an Act of Parliament lately made (Entitled, An Act for the Regulating the Measures and Prices of Coals) as hath been made unto us; and further to do and receive as to Justice doth appertain, hereof fail not at your perils:

Given under our Hands and Seals the Ninth day of, &c.

XXIII. Kilb. Precedents 108, 109. A Warrant for delivering a Moiety of Coals forfeit, &c. 16 & 17 Car. 2. 2.

Kent ss.

FOrasmuch as A. B. of, &c. is duly Convicted before us J. S. and W. S. Two of His Majesties Justices for the Peace of this County, according to the Form of the Statute in that behalf made, Intituled An Act for Regu∣lating the Measures and Prices of Coals, That he the said A. B. did lately ex∣pose to Sale forty Chaldron of Sea-Coals (Scotch-Coals, &c.) of the value of, &c. contrary to the Form of the Statute aforesaid: These are therefore in His Majesty's Name to Will and Require you to seize the Coals aforesaid, and the double value thereof, and that you do deliver one half of the Coals and value aforesaid unto C. D. being the person prosecuting in this behalf to his use, and likewise that you do imploy and dispose the other half of the same to, and for the use of the poor, or repairing of the High-ways of the Parish of M. where the said offence was Committed; hereof fail not at your perils:

Given under our Hands and Seals the Tenth day of, &c.

Milch Kine,

see Cattle.

Millers,

see Corn.

Militia and Musters,

see War.

Ministers,

see Ecclesiastical Persons, Religion.

Minstrels,

see Games.

Misfeasons,

see Officer.

Misprision,

see Treason.

Mitigation,

see Amerciament, Forfeiture.

Mittimus,

see Imprisonment.

Monasteries,

see Abbey.

(Mony.)

Multiplication.

I. LAmb. 225. Any Justices may Examine and Commit for practising in the Art of Multiplication of Gold or Silver, condemned for Felony by 5 H. 4. 4. Crumpt. 49.

II. Lamb. 420. Enquiry at Sessions, if any person have practised the Art of Multiplication of Gold or Silver, 5 H. 4. 4.

III. Crumpt. 49. Also you shall inquire (at the Sessions) of all those that have any Galley, Half-pence, Suskins, or Dotkins, made, coyned, bought or brought into the Realm, this is Felony, 3 H. 5. 1.

IV. Crumpt. 7. b. pl. 21. This Statute 3 H. 5. St. 2. cap. 6. as to Clipping and Washing is Repealed, 1 Mar. 1. cap. 1. § 3. N. 1. and a new Statute there∣of made, 5 Eliz. 11. & 18 Eliz. 1. §. N. but Authority is not given to Ju∣stices of Peace, by these Statutes, to inquire thereof, and therefore the put∣ting this into the Commission is void, but by 3 H. 5. St. 2. cap. 7. it's or∣dained, That Justices of Peace through the Realm have power by the King's Commission to enquire of Counterfeiting, and of Importing of false Mo∣ny into the Realm, made in likeness of the Mony of this Land, and to Award a Capias only against them who are thereof Indicted before them; and this is declared to be Treason by 25 Ed. 3. St. 5. cap. 2. § 1. N. 5. Dalt. 19. cap. 1.

V. Crumpt. 241. b. pl. 32. An Indictment against those who Counter∣feit Mony, West. Symb. 2. part 115. sect. 143.

Somerset ss.

Inquiratur pro Domino Rege si R. W. nuper de H. in Com' predict' Smith I. L. &c. & T. B. &c. deum prae oeulis suis non habentes, sed insti∣gatione Diabolica Seducti, Machinantes{que} dictum Dominum Regem & populum suum callidè, falsò, deceptivè & proditoriè decipere, & defrau∣dare 12 die Martii, An' Regni, &c. Sex pecias monetae apud B. predict' in Com' predict' de cupro, & aliis mixtis Metallis, ad instar & ad simili∣tudinem, bonae, legalis, & current' monetae, & cunei dicti Domini Regis hu∣jus Regni sui Angliae Anglicè vocat' Shillings: nec non duas pecias è cupro, aere, & aliis mixtis Metallis, ad instar & similitudinem bonae, legalis, & cur∣rent' monet', & cunei Auri dicti Domini Regis Regni sui Angliae Anglicè vocat' half Sovereigns falsò & proditoriè fabricaverunt, cuderunt, & con∣trofecerunt, ac quasdam earundem peciarum, sic ut praemittitur falsò & proditoriè fabricat' cusus, & controfact' diversis ligeis dicti Domini Regis, pro vera legitima & current' monet' hujus Regni Angliae apud B. predict' & alibi in dict' Com' Somerset. Postea deceptivè, falsò, & proditoriè ex∣posuerunt, solverunt, & utteraverunt in magnum prejudicium, fraudem, & deceptionem ligeorum dicti Domini Regis, ac contrà pacem ejusdem Domini Regis, Coronam, & Dignitatem suas, &c. nec non contrà form' diversorum Statutorum in hujusmodi casu edit' & provisorum, West. Sim∣bol' 2. Part 114. b. Sect. 142, 143.

VI. Crumpt. 242. pl. 33. alio modo. West. Symb. 2. Part 115. Sect. 144.

Somerset ss.

Inquiratur pro Domino Rege si H. H. nuper de B. in Com' predict' Taylor, deum prae oculis suis non habens, sed instigatione diabolica seduct' ut proditor dicto Domino Regi 5 die Maii Anno Regni, &c. sexdecem pe∣ceas monetae vocat' shillings, de falso & mixto metallo ad instar cunei hujus Regni Angliae vulgariter vocat' King James shillings, apud B. predict' in Com' predict' falsò, felonicè, & proditoriè controfecit, fabricavit, & cu∣navit contrà pacem, &c. West. Simbol' 2. Part 115. Sect. 144.

VII. Crumpt. 242. pl. 34. An Indictment against him that counterfeited Gold, and exposed it, West. Simb. 2. Part 114. b. Sect. 145.

Staff. ss.

Inquiratur pro Domino Rege si H. A. nuper de B. in Com' predict' La∣lourer, & T. S. nuper de T. in Com' predict' La∣bourer 10 die &c. Anno, &c. & diversis aliis diebus & vicibus, tam antea quam postea, deum prae oculis suis non habentes sed instigatione diabolica seducti, machinantes{que} dictum Dominum Regem, & populum suum callidè, falsò, deceptivè, & proditoriè decipere & defraudare de injuria sua propria absq: Authoritate Warrant' sive concessione Regiae Majestatis eis aut eorum alteri concesso, octo pe∣cias falsae monetae ad imaginem & similitudinem peciarum monetae Au∣ri Angl' vocat' Golden Soveraigns of 10 s. a piece apud M. in Com' pred' pro iniquo lucro & advantagio è cupro falsò & proditoriè deauravit, & easdem peceas falsò & proditoriè sic ut praemittitur fact' fabricat' con∣trofact', & cunat' diversis ligeis dicti Domini Regis pro vero, legitimo, & current' Auro dicti Domini Regis Regni sui Angliae apud M. predict' in Com' predict' 20 die Octob' Anno supradict': ac diversis diebus antea & postea deceptivè, falsò, & proditoriè exposuerunt & utteraverunt in solutionem diversis ligeis dicti Domini Regis, necnon contrà form' diver∣sorum Statutorum in hujusmodi casu edit' & provisorum, &c. West. Simb. 2. Part 115. b. Sect. 145.

Mortuary,

see Tythes.

Multiplication,

see Money,

Murder,

see Coron.

Navy,

see Admiral.

News,

see Slander.

Next Justice,

see Justices.

Nets,

see Fish.

Night,

see Dayes,

Night walkers,

see Coron.

Noble and Nobility,

see Dignity.

Non sane Memory,

see Infant.

(Nosme and Name.)

Addition, alias dictus.

I. LAmb. 427. If any Sheriff, &c. hath returned any Juror without the true addition of the place of his abode at the time of that Return, or within a year next before, or without some other addition by which that Juror might well be known, and Estreats of Issues be gathered, on such, &c. shall be enquired in Sessions, 27 Eliz. 7. §. N.

II. Lamb. 479, 480. In all Presentments before Justices of the Peace the Name, Mystery, Sur-Name, and addition of the Party Indicted, and of the Person to whom the Offence was done is requisite, 1 H. 5. 5. §. N.

III. Lamb. 481. Baron, Knight, Esquire, Gentleman, Alderman, Widow, Single-Woman, Dean, Arch-Deacon, Parson, Doctor, Clerk, Parish-Clerk, are good additions of Estate or Degree, as I take it, within the meaning of this Statute of Additions, 1 H. 5. 5.

IV. Lamb. 481, 482. Also by the Statute 1 H. 5. 5. The Addition ought to comprehend the County, and the Town or Hamlet whereof the Party is, or was, (or the place known out of any Town or Hamlet:) But if he be named of a place known, and the place be within a Town, then he must be named of the Town, 35 H. 6. 30. and if both the Town and Pa∣rish do bear one Name, he may be named of the one, or of the other of them: but if there be two Towns in one Parish, then he ought to be na∣med of the Town, and not of the Parish, L. 5 Ed. 4. 129. & 22 Ed. 4. 2. 22 H. 6. 41.

V. Lamb. 482. As for the alias Dictus which is often put in the Addi∣tion, the use thereof is chiefly in Writs grounded upon Specialties, and to make the writ and writing to agree; for as touching Indictments, if the Party be not well named, both for his name of Baptism, Sur-Name, Myste∣ry or degree and place at the first, then cannot the alias dictus make that good which was evil before.

VI. Lamb. 482, 483. And it appeareth, 1 Ed. 4. 2 & 2 Ed. 4. 16. that the Addition of the Degree or Mystery must alwayes be such as the Party hath at the very time: but the Addition of the Place may be of such where he was at any time before: so that then the word nuper be used with it.

VII. Shepherds Clerks Cabinet, 125. An Indictment for acknowledg∣ing a Recognizance of the Peace in the Name of another without his Privi∣ty, on 21 Jac. 26. § 2. N. 1.

Derby ss.

JƲratores pro Domino Rege super Sacrament' suum presentant quod A. B. de C. in Com' D. predict' Gener' x die &c. Anno Regni &c. apud S. in Com' predict' venit coram J. H. Armigero uno Justiciar' Domini Regis nunc ad Pa∣cem in Com' predict' conservand' assignat', & tunc & ibidem coram prefato J. H. in nomine cujusdam R. P. Armig' quandam recognitionem pro Conservatione Pacis dicti Domini Regis in summa xx libr' Sterling, dicto Domino Regi nunc absque Notitia aut Consensu predict' R. P. felonicè recognovit contra formam Statuti, &c.

2. Quaere, for on Thursday 25 Apr' Anno 1677. at the Old Baily it was doubted by some Justices, if such a Recognizance were Felony within the Statute 21 Jac. 26. § 2. N. 1. because the Recognizances there are Joyned with Fines, Recoveries, Inrolements and Judgments, which are the acts of Superior Courts, and because by 21 Jac. 8. § 5. N. 1. false Sureties are on∣ly punisht at discretion.

(Notice.)

Proclamation.

I. LAmb. 31. None shall be assigned Justice of the Peace if he have not xx l. per Annum, and if any be otherwise appointed, he shall within a Month after notice of the Commission, and under the pain of xx l. and to be put out of Commission, give knowledge of his not having xx l. per Annum, to the Lord Chancellor who shall put another Person sufficient in his place, 18 H. 6. 11. §. N.

II. Lamb. 68, 69. This determination of the old Commission of the Peace groweth not immediately by the making of a new Commission, but either after the reading or proclaiming of the new Commission of the Ses∣sions of the Peace, or at the full County: or else by holding of some open Sessions by vertue of the new Commission, in all which Cases the old Com∣missioners must take notice of the new Commission, or else after the giving of Notice of the new Commission unto the old Commissioners; for other∣wise all the mean acts of the old Commissioners be good in Law, by Marrow and 34 Ass. 28. Commission, Br. 14. & 21 H. 6. 29.

(Nusance.)

I. CRumpt. 66. A man Levies a Gorse in his Land or other thing to the Nusance of my Land, I can enter with divers peaceably into his Land and oust that Gorse, &c. Dalt. 220. Cap. 86.

II. Dalt. 220. Cap. 86. Every private man to whose House or Land any Nusance shall be Erected, made or done, may in peaceable manner Assem∣ble a meet Company with necessary Tools, and may remove pull or cast down such Nusance, and that before any prejudice received thereby, and for that purpose if need be, may also enter into the other mans ground, Nusance. Br. 14 33.

(Oath.)

I. LAmb. 52. Upon this Ground (viz. on all Christian Laws, &c.) 13 Rich. 2. 7. §. N. which willed that Justices of the Peace should be made of new in all the Counties of England, did there withal take order that they should be sworn to keep and put in Execution all the Statutes touching their Office, which albeit that it be the first Oath that I find to have been ministred to Justices of the Peace, yet I think they were neither unsworn before, nor at any time after, as may be Collected upon 21 Ed. 4. 67. & 12 Ed. 4. 18.

II. Lamb. 52. I believe also that the manner of the Oath was devised, but for that time only and continued not long in that Form, as being of it self very general and hard to be observed, and that happily was the Cause that it was afterward changed to that Form which Mr. Fitz-herbert, 18. in his Book hath left us, Crumpt. 10. ab. and which with the alteration of a few words only is yet at this day kept in use.

III. Lamb. 52, 53. For upon the renewing of the Commission of the Peace, which now adayes happeneth as often as any Persons is newly brought into the same, there cometh of Course a Writ of dedimus potestatem directed out of the Chancery to some Ancient Justice of the Peace, to take the Oath of him whose Name is newly Inserted, and to certifie the same into that Court at such day as the Writ commandeth.

Thus,

CArolus, &c.

Dilectis & fidelibus nostris Robert Hitcham Milit' & Nich' Rivet Armig' salutem,

sciatis quod dedimns vobis con∣junctim & divisim Potestatem & autoritatem recipiendi Sacrament' di∣lecti & fidelis nostri Richardi Keble Armig', unius Custod' pacis nostrae in Com' nostro Suff. de officio illo bene & fideliter faciend' juxta form' cujus∣dam Schedulae huic Brevi nostro annex' ac Sacrament' specificat' in quo∣dam Actu Parliament' Anno Regni Dominae Eliz. nuper Reg' Angl. primo fact' cujus tenor presentibus similiter est annex', & ideo vobis mandamus quod Sacramenta predicta recipiatis, vel unus vestrum recipiat, & cum illa sic receperitis nos inde in Cancellariam nostram sub sigillis vestris vel unius vestrum, distinctè & aperte, sine dilatione reddatis certiores vel uni∣us vestrum reddat, hoc Breve nobis remittentes

teste me ipso apud West∣minst' &c. Die &c. Anno, &c.

The Return of the Ded' potestat' Endorse.

Executio Istius Brevis patet in quadam Schedula huic Brevi annexat'.

DOmino Regi in Cancellario certificamus quod virtute istius Brevis nobis direct' xxvi. die Septembr' infrascript' apud Gippum in Com' Suff. infrascript' recepimus Sacrament' infra nominat' Richardi Ke∣ble juxta tenorem & formam Schedularum huic Brevi annex' quas qui∣dem Schedulas una cum hoc Breve Domino Regi in Cancellariam suā sub Sigillis nostris remittimus secundum exigentiam Brevis Istius.

Respons.

• Robert' Hitcham Militis.
• Nich' Rivet Armig'.

Or thus, DAlt. 397. Cap. 129.

Ego M. D. in Cancellar' Domini Regis certifi∣co me virtute Brevis Domini Regis huic Schedulae annexat' x die mensis Decembr. Anno Regni dicti Domini nostri Jacobi &c. xix apud West Wralling in Com' Cantabr' recepisse Sacrament' Johannis Milissent militis, in Brevi predict' nominat' tam de officio Custodis pacis dicti Do∣mini Regis in dicto Com' Cantabr' bene & fideliter faciend' juxta formam Schedulae Brevi predict' annexat' similiter & in omnibus prout in predicto Brevi precipitur. In cujus rei testimonium, &c. Mich' D.

IV. Lamb. 53. This Writ of ded' potest' is now accompanied with two Schedules,* 146.1 whereof the one contains the Oath of the Office of a Justice of Peace in this Form,

Kilb. Presidents, 2 Edit. 231.

Ye shall Swear, that as Justices of the Peace in the County of K. in all Articles in the Kings Commission to you directed, ye shall do 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. 2. And you shall not be of Council of any Quarrel hanging before you. 3. And that ye hold your Sessions after the form of Statutes thereof made. 4. And the Issues, Fines and Amerciaments that shall happen to be made, and all For∣feitures which shall fall before you, ye shall cause to be Entred without any Concealment or Embezelling, and truly send them to the Kings Exchequer. 5. Ye shall not let for gift or other Cause, but well and truely you shall do your Office of Justice of the Peace in that behalf, and that you take nothing for the Office of Justice of the Peace to be done but of the King, and Fees ac∣customed, and Costs limitted by the Statute. 6. 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 Bayliffs of the said County or other the Kings Officers or Ministers, or other Indifferent Persons to do Execution thereof. So help you God.

V. Lamb. 56. There hath been care taken once or twice in our Memo∣ry to exact this latter Oath (viz. of Supremacy) of all the Justices of Peace throughout the Realm, whereof some good hath Ensued;* 147.1 but yet many a Justice there is, that by Indirect practice never took either this or the former (viz. of Allegiance) whereof what harms do and may grow, I leave to wiser and higher men to be considered; adding this only, That it would Avail greatly to the furtherance of the service, if the Dedimus potestatem to give these Oaths were Dirigible to the Justices and none other, to minister the same not elsewhere, but in their open Sessions.

VI. Lamb. 212. They which take Informations of Felonies,* 147.2 &c. with∣out any Oath do say the Makers of 2 & 3 Ph. & Mar. 10. §. N. had they intended so, would express it, &c. But they that examine upon Oath strong∣ly defend it by Example of the Justices of higher Courts, &c. and because an Oath is Evidence in Case of Death, &c.

VII. Lamb. 83, 84. The Peace being for good cause required,* 147.3 it is the common manner to exact an Oath of the Party, whereby the Justice may be the better Informed and led to think that he doth not ask it for malitious vexation of another, but of very fear and for the needful safety of himself and his; and F. N. B. 79. H. laboureth to shew, that the Justices of the Peace ought not without such Oath to grant this Surety at the suit of any Man, forasmuch as not only the Judges of B. R. do yet take an Oath in such Case, but the Ancient Course of the Law was such in the Chancery it self also, although it be now adayes otherwise used there, Infra. 11.

VIII. Lamb. 100. By Marrow, for the avoiding of which deceit of In∣sufficient Security of the Peace the Justices of C. B. 7 H. 6. 25. pl. did exa∣mine the ability of the Sureties upon their Oaths, &c.

* 147.4IX. Kilb. Presidents. 207. A Warrant to pay 1 s. for Swearing in pre∣sence of a Justice of Peace, on 21 Jac. 20. §. N.

To the Constable, &c.

Kent. ss.

FOrasmuch as A. B. of &c. in the County aforesaid, Butcher, being of above the Age of Twelve years, did in my hearing this present day in the Parish aforesaid, in the County aforesaid, prophanely swear one Oath, for which Offence he forfeited and was to pay to the use of the Poor of the Parish the Sum of xii d; These are therefore in his Majesties Name, to com∣mand you, to Levy to the use of the Poor of the said Parish the aforesaid xii d, by Distress and Sale of the Goods of the said A. B. rendring to him the overplus; and in defect of such Distress, that you the said Constable do set the said A. B. in the Stocks by the space of three whole hours; hereof fail not, &c.

Given under my Hand and Seal this Tenth day of, &c. in the year of, &c. at &c. in the said County, &c.

* 148.1X. Kilb. Presidents, 233. The Oath of a Constable, Dalt. 9. p. 363. 364.

You shall well and truly serve the Kings Majesty in the Office of a Con∣stable of the Parish of A. 2. And 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 duely and truely Executed. 3. All Riots and Mis∣demeanors and breach of the Peace you shall suppress. 4. You shall punish all Rogues, Vagrants and Idle Persons according to the Laws of this Land in that Case made & provided. 5. You shall diligently persue all Hue and Cryes. 6. You shall see that the Kings Majesties Watch within the said Town of A. be duely and truly set according to his Majesties Laws. 7. You shall also do your best endeavour to suppress Drunkenness within the said Parish, and to see the Laws and Statutes concerning the same to be duely put in Execution. 8. And all other things belonging to the Office of Con∣stable, so long as you shall continue in your Office, you shall well and true∣ly perform and do so near as you can. So help you God.

* 148.2XI. Kilb. Presidents, 233, 234. The Oath of him that Craves the Peace against another, suprà 7.

You shall swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him; but for safety of your body from harm, which you fear he will do or procure to be done unto you, So help you God.

2. 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.

* 148.3XII. Kilb. Presidents, 234. The Oath to Informers or Witnesses.

The Information that you shall give on the Kings Majesties behalf a∣gainst A. B. shall be the truth, the whole truth, and nothing but the truth. So help you God.

2. You shall true Answer make to all such Questions as by me shall be demanded of you. So help you God.

* 148.4XIII. Kilb. Presidents 2 Edit. 235. A Mittimus for refusing the Oath of Allegiance.

Kent ss.

WHereas A. B. and C. D. two of his Majesties Justices of the Peace for the said County of K. whereof A. B. is of the Quorum, do here∣by Commit to your Custody the body of E. F. for refusing to take the Oath of Allegiance, 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 June, in the year of, &c.

2. Ibid. The Oath of Abjuration on 35 Eliz. 2. § 8. N. 4. Stamf. 119. Wilkinsons Sheriff, 40. The Laws, &c. 138. Abr. pl. 135.* 149.1

You shall swear that you shall depart out of this Realm of England, and out of all other the Kings Majesties Dominions; and that you shall not re∣turn hither or come into any of his Majesties Dominions, but by the Li∣cense of our said Soveraign Lord the King, or of his Heirs. So help you God.

XIV. Kilb. Presidents 2 Edit. 236. The Oath of an Under Sheriff and Bayliff touching Juries on 27 Eliz. 12. § 2. N. 3.

I A. B. do swear, That I shall not use or exercise the Office of &c. Cor∣ruptly, during the time that I shall remain therein; neither shall or will ac∣cept, receive or take by any Colour, means or device whatsoever, or Con∣sent to the taking of any manner of Fee or Reward of any Person or Persons for Impannelling or Returning of any Inquest, Jury or Tales in the said Court for the King, or betwixt Party and Party, above 2 s. 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 truely and Indifferently with convenient Speed Impannel 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.

2. Jurat' ad utraque Sacrament' (viz. this and the Oath of Supremacy) supradict' x die Maii Anno 1680. Coram nobis A. B. & C. D. de quibus A. B. est quorum unus &c.

XV. Kilb. Presidents, 2 Edit. 238.* 149.2 The usual Oath of Church-war∣dens.

You shall Execute the Office of Church-warden in the Parish where you are Chosen for this Ensuing year, according to his Majesties Laws Ecclesia∣stical now in force. So help you God.

2. Or thus, You shall Execute the Office of Church-warden in the Pa∣rish where you are Chosen, according to your discretion and Skill in his Majesties Ecclesiastical Laws of this Realm now in Force. So help you God.

XVI. Kilb. Presidents. 2 Edit. 239. 24.* 149.3 The Oath of an High-Con∣stable.

You shall swear, That you shall well and truely serve our Soveraign Lord the King in the Office of High Constable of the Hundred of A. 2. You shall see and cause his Majesties Peace to be well and truely kept and pre∣served according to your Power. 3. You shall Arrest all such Persons as in your sight and presence shall Ride or go Armed offensively, or shall Com∣mit or make any Riot, Affray, or other breach of his Majesties Peace. 4. You shall do your best endeavour upon Complaint made, to apprehend all Felons, Barretors & Rioters, or Persons Riotously assembled; and if any such Offenders shall make Resistance with Force, you shall levy Hue and Cry, and shall persue them until they be taken. 5. You shall do your best endeavor that the Watch in and about your Hundred be duely kept for the Apprehending of Rogues, Vagabonds, Night-walkers, Eves-droppers, Scouts

and other suspected Persons, and of such as go Armed, and the like. 6. And that Hue and Cry be duely raised and persued according to the Statute of Winchester (13 Ed. 1. St. 2. Cap. 1. &c.) against Murtherers, Thieves and other Felons. 7. And that the Statutes made for punishment of Rogues and Vagabonds, and such other idle Persons as come within your Bounds and Limits, be duely put in Execution. 8. You shall have a watchful Eye to such Persons as shall maintain or keep any Common house or place where any unlawful Games is or shall be used; as also to such as shall frequent or use such places, or shall use or Exercise any unlawful Games there or else∣where contrary to the Statutes. 9. At your Assizes, Sessions of the Peace or Leet, you shall present all and every the Offences done contrary to the Sta∣tutes (made 1 Jac. 4 Jac. 21 Jac. &c.) to restrain the Inordinate haunting and Tipling in Inns, Ale-houses and other Victualling-houses, and for re∣pressing of Drunkenness. 10. You shall there likewise true Presentment make of all Blood-sheddings, Affrayes, Outcries, Rescues and other Offen∣ces committed or done against the Kings Peace within your Limits. 11. You shall once every year during your Office present at the Quarter-Sessions all Popish Recusants within your Liberty, and their Children above Nine years old, and their Servants, (scil. their Monthly absence from Church, 3 Jac. 4. §. N.) 12. You shall well and truely Execute all Precepts and War∣rants to you directed from the Justice of the Peace of this County, or higher Officers. 13. You shall be aiding to your Neighbours against unlawful purveyances. 14. In the time of Hay or Corn Harvest, upon request, you shall cause all Persons to meet to serve by the day for the Mowing, Reap∣ing or getting in of Corn or Hay. 15. You shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty. 16. And you shall well and truely according to your knowledge, power and ability, do and Execute all other things be∣longing to the Office of Constable, so long as you continue in the said Of∣fice. So help you God.

Oats,

see Corn.

Obedience,

see Oath and Pope.

Obligation

see Recognizance, Bail.

Office of the Justice,

see Justices.

(Officer.)

I. LAmb. 424. Enquiry at Sessions if any Ordinary, Arch-deacon, Offici∣al, Sheriff, Escheator, Coroner, Under-Sheriff, Bayliff, Goaler or o∣ther Officer, have by colour of his Office, or for doing his Office, taken a greater or more excessive Reward or Fee then belongeth to him, or have taken any Fee or Reward for Expedition in doing his Office, or have unlaw∣fully exacted any Oath or other undue thing.

II. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage; that is to say, any thing for the shewing of Ware or Merchandize that be truely accustomed to the King before. 19 H. 7. 8. §. N.

Oyles,

see Merchants, Measures

One Justice,

see Justices.

Oppression,

see Fees.

Omission,

see Amendment.

Orchards,

see Trespass.

Orders of Sessions,

see Justices.

(Ordinary.)

Ecclesiastical Persons, Clergy.

I. LAmb. 4. Cap: 3. pag. 391.* 149.4 But the Ordinary oweth not his atten∣dance at any Sessions of the Peace, as he doth at every Goal Deli∣very, in the opinion of Mr. Marrow. Indeed he is not warned by the Com∣mon form of Precept, and therefore cannot so conveniently take knowledg of the Sessions of the Peace; howbeit I think he ought to serve when he shall be called for matter of Clergy.

II. Lamb. 543. The Justices of Peace may give Clergy to a Felon, if the Ordinary or his Deputy be present to take him; but if they be absent, he must be reprieved, because, as Marrow saith, these Justices can set no Fine upon the Ordinary for his absence, no more then if he will accept one to read as a Clerk, wherein truth he cannot read at all. Clergy, Br. 7. but if you look on Stanff. 2. Cap. 25. fol. he will perswade you that the Ordinary is not the Judge, but a Minister in the Tryal of Clergy; and that Clergy may lawfully be given and allowed in his absence. So Poult. de pace, 214. pl. 36. &c.

III. Lamb. 544. Marrow saith also, that if Bigamy that ungodly and Popish Counterplea had been alledged against one that prayed his Clergy, the Justices of Peace could not have written to the Ordinary to certifie the same.

IV. Lamb. 580. And the Clerk of the Peace must also deliver unto the Ordinary a transcript of Clerks Convicted or attainted before the said Ju∣stices, 34 H. 8. 14. § 2. N. 1: but enquire whether this be needful at this day, by reason that Clerks be not now delivered to the Ordinary, by 18 Eliz. 7. §. N. Poult. de Pace, 217. pl. 43.

Overseers,

see Poor.

Ouster le mere,

see Merchants.

Pannels,

see Inquest.

(Pardon.)

I. LAmb. 552. If a General Pardon by Parliament of all Persons make special Exception of some,* 149.5 then must the Prisoner alledge that he is none of those that be excepted, unless the Act it self do say that he shall be holpen by it without any such pleading. 11 H. 4. 39. Stanff. 103. Crumpt. 115. b. § 13.

II. Lamb. 552. Touching this sort of Pardon,* 149.6 &c. the Servant that had killed his Master was Indicted of voluntary Murther, without proditoriè,

and was thereupon Arraigned and found Guilty; but because the Offence was Pety Treason indeed, and Pety Treason was then Pardoned by Parlia∣ment (5 Eliz.) tho Murder was therein excepted, Justice Welsh thought it meet to reprieve the Prisoner, without giving Judgment upon him. Dyer 235. pl. Crumpt. 115. § 9.

* 149.7III. Lamb. 552. A man stroke another in February, (13 Eliz.) whereof he died in June next following, in which mean while all Felonies, Offences, Injuries and Misdemeanors were pardoned by Parliament; and he was dis∣charged by that Pardon, because the stroke was the Offence against the Queen, and that was past and pardoned, though the death did afterwards ensue upon it. Com. 401. Crumpt. 116. § 20.

* 149.8IV. Lamb. 552, 553. One that had committed Man-slaughter was In∣dicted of Murder, and thereupon Utlawed; afterward the Parliament par∣doned 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.

* 149.9V. 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.

* 149.10VI. 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 Par∣don Coron. 502. Stanff. 101. 104. Crumpt. 115. b. § 15.

* 149.11VII. 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.

* 149.12VIII. Lamb. 554. Neither is such a special Pardon of all Felonies, suffi∣cient 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.

* 149.13IX. Lamb. 554. If the King do Pardon to a Goaler the Escapes of Pri∣soners 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.

* 149.14X. Crumpt. 115. § 4. Bigamy is objected against him that prayeth Cler∣gy, and after he sheweth a Charter of Pardon, and because it made no men∣tion 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,* 149.15 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 Hus∣band, 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 Justi∣ces 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;* 149.16 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,* 149.17 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 At∣taint 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 its 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 mat∣ter 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 Man∣slaughter for killing the said S. would have had the benefit of the said Gene∣ral 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,* 149.18 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.* 149.19 Rex Vice∣com' 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 procura∣tionem suam, Damnum vel periculum non Eveniat, teste &c. Or thus, de Incen∣dio

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 Pluries and an Attachment against the Sheriff, if he doth not do his Office.

* 149.20II. F. N. B. 79. H. But by the Ancient Course of Law, he must swear upon a Book before he can have this Writ; and this before any Master of the Chancery, but now they use to prosecute such Writs by their Friends who will Sue for them, without making any Oath; and this is ill done, because they are many times sued for vexation, more then for any good Cause: and the Justices of B. R. will not grant any Writ for Surety of the Peace, with∣out making an Oath that he is in fear of bodily harm. Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace, at the request of any Person, unless the Party who requireth it, will make an Oath, that he requireth it for safety of his Body, and not for malice, &c. Lamb. 83. 84. Infrà 21.

III. F. N. B. 80. C. But it is a Common opinion, that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace, must be taken by obligation, that is to say, to oblige the Party and his Sureties by Obligation, that he keep the Peace, and that he shall not Burn the Houses, &c.

* 149.21IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. §. N. that wills that certain Persons shall be assigned in the Chancery, as for keeping of the Peace, there are other Forms of Writs made for the ease of the Peo∣ple who would have Surety of the Peace of any Persons; which Writs Issue out of the Chancery, and some are directed to the Justices of Peace and to the Sheriff, and some are directed to the Sheriff only, and these Writs are in such Forms as this.

Rex dilectis & fidelibus suis J. &c. & sociis suis Justiciariis nostris ad pa∣cem nostram in Com' S. Conservand' Assignatis salutem. Or thus, Custodibus pacis nostroe in Comitat' S. &c. & vicecom' ejusdem Comitat' & eorum cuili∣bet salutem. Or thus, Vicecom' S. salutem. Supplicavit nobis A. quod cum ipse de vita & mutilatione membrorum suorum, nec non de Incendio Domorum suarum per E. graviter & manifestè Comminatus existat, velimus pro securitate ipsius A. in hac parte provideri, nos supplication' predict' annuentes vobis (vel tibi) precipimus, firmiter injungentes quod predict' E. coram vobis (vel te) corpora∣liter venire faciatis, & ipsum ad sufficientes manucaptores inveniend' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter impo∣nend' pro quo nobis respondere voluerint, vel volueris. Or thus, & Ipsium E. ad sufficient' securitat' inveniend' sub poena centum librarum ad opus nostrum sol∣vend' vel quilibet eorum sub poena &c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo, vel de domibus suis per hujusmodi Incendium non fa∣ciat, nec fieri procurabit quovismodo, Compellatis vel Compellas, & si hoc coram vobis (vel te) facere recusaverit, tunc ipsum E. proximo Goal' nostroe Committa∣tis vel Committas, in eadem salvo custodiend' quousque hoc gratis facere voluerit, & cum securitatem illam sic receperitis vel ceperis, nos inde in Cancellaria no∣stra sub sigillis vestris vel alicujus vestrum (vel sub sigillo suo) distincte & a∣perte sine dilatione reddas certiores, certificetis (vel certifices) indilate hoc Breve nobis remittentes vel remittens. Registr. 89. Dalt. 182. Cap. 73.

V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a mi∣nister when the Writ of Supplicavit (F.N.B. 80 suprà 4.) which in old-time was called Breve de minis, as Regist. 89. directed out of the Chancery, is de∣livered into his hands; for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace, 21 H. 7. 20 per finence.

VI. Lamb. 75, 76. The form of which Precept or Warrant upon a Sup∣plicavit is thus,

G. M. One of the Justices of Peace of our Soveraign Lord the King's Ma∣jesty within the County of K. to the Sheriff of the said Shire, the Consta∣bles of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs and other Ministers, as well within liber∣ties as without, in the said County, and to every of them, Greeting. Know ye, That I have received the Commandment of our said Sovereign Lord in these words, &c. (reciting the Supplicavit, or the effect of it, &c.) thus: Know ye, that I have received the Commandment of our said Soveraign Lord, to compel A. B. of J. in the said County, Yeoman, to find suffici∣ent Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor: and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally, that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid, to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign Lord and all his Liege-people, and especially towards the said C. D. and if he the said A. B. shall refuse thus to do, that then you him safely Convey, or cause to be safely Conveyed un∣to the next Goal of his Majesty in the said County, there to remain until that he shall willingly do the same: So that he may be before the Justices of the Peace of our said Soveraign Lord within the said County, at their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign Lord for his Contempt in this behalf: And see that you certifie your doing in the premisses to the said Justices at the said Sessions, bring∣ing then thither this Precept with you. Given at I. aforesaid under my Seal the day of &c. An. &c. Dalt. 350. cap. 121.

VII. F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day; and if it be so done,* 149.22 then if the Justices do not certifie the Writ, nor the Recognizance, and the Surety that is taken, the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit, and that which they have done thereon, and the surety that is found, &c. and so the party shall have such a Certiorari to the Justices of Peace to cer∣tifie the surety taken on a Supplicavit, though the writ of Supplicavit were not made Returnable in the Chancery.

VIII. F. N. B. 81. C. And so if a Man demands surety of the Peace in the County against any Man, he shall find himself sureties in the County before the Justices of Peace, &c. he that demands this surety may sue a Writ of Cer∣tiorari directed to the Justices of Peace, to remove this surety of the Peace and the Recognizance taken therein; and this under the Seals of the Justices or one of them, to certifie this Recognizance and surety taken: And if the Certiorari be sued upon a Writ of Supplicavit, then the Certiorari shall rehearse this Writ of Supplicavit; and if it be sued upon a surety demanded in the County without a Supplicavit, then the form of the Certiorari is thus.

Rex Custodibus pacis suoe in Com' L. & eorum cuilibet salutem, volentes cer∣tis de causis Certiorari super tenorem cujusdam securitatis pacis nuper coram R. B. & Sociis suis custodibus pacis nostroe & Justiciariis nostris ad diversas Felonias, Transgressiones & Malefacta in Com' L. Audiend' & Terminand' Assignat' de R. de W. de E. quod ipse damnum vel malum aliquod B. de F. aut alicui popu∣lo nostro faciat nec fieri procurabit ex Officio vestr' capta, quoe quidem securitas penes vos residet ut dicitur, vobis Mandamus quod nos inde in Cancellaria nostra sub Sigillis vestris vel unius vestrum distinctè & aperte sine dilatione reddatis certiores hoc Breve nobis remittentes, teste. &c. Crumpt. 143, 144.

IX. F. N. B. 81. E. By reason of this Commission of the Peace, the Ju∣stices have power to bind Men by Recognizance to keep the Peace,* 149.23 upon complaint to them made by any person; and yet to take this Recognizance there is no express Authority given them by the Commission, but of Con∣gruity,

because that they have Authority to cause men to keep the Peace, and to hear and determine offences done against the Peace, they have pow∣er to bind men by Recognizance to do it; for every Act which they do by virtue of their Commission, must be taken as a matter of Record, Crumpt. 141. b.

* 149.24X. Lamb. 77. A Justice of Peace may also by virtue of his Office, and as he is a Judge, command this Surety to be found, and that either of his own motion and discretion, or else at the request and prayer of another: For he may cause a common Barretor, Riotor, one that maketh an Affray, or other person to him suspected, to find Surety of the Peace, 9 Ed. 4. 3. per Curiam: And if he see men contending in hot words, and threatning the one to hurt or kill the other, he may of discretion, and ought of duty, as I think, to command them to find Surety of the Peace, and thereby provide for their mutual safety, Crumpt. 134. b. 135. b.

XI. Lamb. 78. And if a man that was bound to keep the Peace have bro∣ken his Bond, the Justices of Peace ought of discretion to bind him of new, 21 Ed. 4. 40. per Marrow, Crumpt. 141. infrà 87.

* 149.25XII. Lamb. 78. And his Authority is so little to be controlled in this matter, that Mr. Marrow is of the opinion, That if a Justice of Peace should procure one man to demand Surety of the Peace against another, and he him∣self should grant a Warrant for it, by which the Party is Arrested, yet no Action would lye against that Justice for his so doing, because he might have granted it without any demand made, and then it shall not be said but that he saw Cause both to provoke the party to ask it, and for himself to grant it.

* 149.26XIII. Lamb. 78, 79. The Wife if she be threatned to be killed, or to be outragiously chastised by her Husband, may with good reason demand the peace against him, F.N.B 80. & 230. and I do not doubt but that a Justice of Peace may in such a Case happening in his presence, Command it upon his own discretion: The Husband may also demand the peace against his own Wife in like Case, and any man may demand it against the Wife of ano∣ther, by Marrow, Crumpt. 133. b. Dalt. 163. cap. 68.

* 149.27XIV. Lamb. 79. A man Attainted of Treason or Felony, or Convict of Heresie, or Abjured, a Dumb Man, or an Infant, though within 14 years of age, or a Villain against his Lord, may demand and ought to have Surety of the Peace, by Marrow. And I do not find any strong reason why the Lord against his Villain, or another man against a Dumb-man that is not Deaf, or against an Infant above the age of 14 years, ought not upon good Cause to have it, though perhaps the two last cannot be bound for them∣selves, Crumpt. 133. b. 134. b. Dalt. 164. cap. 68.

* 149.28XV. Lamb. 79. But a Mad-man shall not have surety of the peace at his own request, as Mr. Marrow thought, because he hath no discretion to ask it: and therefore if there be Cause, he ought to be provided for by the dis∣cretion of the Justices, as I think: Neither shall surety of the Peace be gran∣ted against a Mad-man, except he have Lucida Intervalla, Dalton▪ 163, 164. cap. 68.

* 149.29XVI. Lamb. 80. A man Attainted in a Proemunire, or that is an Alien born, and no Denizen, ought not to have his Surety at his desire, as Mr. Marrow taketh it; but perhaps he would have changed his opinion in the Case of Proemunire, if he had lived at this time, upon sight of 5 Eliz. 1. § 21. N. 1. For such a Man may not now be killed, as though he were out of the protection of the King, Crumpt. 133. b. Dalt. 164. cap. 68.

* 149.30XVII. Lamb. 80. And as touching the Alien having surety of the Peace, some think there ought to be a difference between such an Alien, as is of the Enmity of the King, and him that is of his Amity, for Magna Charta, 9 H. 3. 30. 9. Ed. 3. 1. §. N. & 14 Ed. 3. St. 2. cap. 2. and sundry other Sta∣tutes

do all use that difference in Merchant-strangers, and do provide, That such of them as be not Enemies to the Realm, may both safely come into the Realm, and tarry here, and go hence at their free pleasures. But the Case may bear some doubt, because the Commission it self seemeth to Au∣thorize the Justice of Peace no further then to provide for the King's People, of which number no Alien seemeth to be; but why any Alien may not be bound to the Peace, I do not yet understand, Crumpt. 134. ab. Dalt. 164, 165. cap. 68.

XVIII. Lamb. 80, 81. Furthermore, one Justice of Peace,* 149.31 saith Mr. Mar∣row, may grant this surety to any man aginst one of his Fellow-Justices; but, as Mr. Marrow requireth a discretion in a Justice of the Peace, when surety is craved of him against a Sheriff, Coroner, Escheator or such other Officer whom he wisheth not to be bound to keep the Peace Versus Cunctum Populum, but only towards him that prayeth it, lest otherwise it should argue them to be unworthy of such Offices; so much more he ought to use good discretion in granting it against his Fellow-Justice, lest otherwise he both bring the Office in contempt, and himself to reproof by it. But I doubt not that one Justice of the Peace, if he will, may pray surety of the Peace at the hands of his Fellow-Justice against another person, and the Recogni∣zance may then be according to the Common Form with & Precipuè Ver∣sus, &c. Crumpt. 134. b. Dalt. 162. 163. cap. 68.

XIX. Lamb. 81. But some others there be, perhaps,* 149.32 with whom he may not well meddle; as, if a man have Cause to require the Peace against a Lord, he for so small a Cause is not to be Arrested, as I take it, by Warrant from a Justice, nor yet by a Supplicavit out of the Chancery, but the Lord Chancellour may in such Case grant to the party a Sub-poena against that Lord for the Peace, as it seemeth by 35 H. 6. Sub-poena 20. Dalt. 335. cap. 118. for such an opinion hath the Law conceived of Peaceable disposition of Noblemen, that it hath been thought enough to take one of their pro∣mises upon honour, that he would not break the Peace against a Man, 17 Ed. 4. 4. Contempts, Br. 6. & 24 Ed. 3. 33. Sub-poena 20. but whether the Lord Chancellour may Award an Attachment upon such a Sub-poena, it hath been in our memory made a Question, Dyer 315. pl. Exigent' Br. 72. Crumpt. 134, ab. 135. Dalt. 161. cap. 68.

XX. Lamb. 82, 83. The Cause for which this Surety of the Peace may be Required or Commanded,* 149.33 appeareth in the first Assignavimus of the Commission, § 5. in these words, Et ad omnes illos qui aliquibus vel alicui de populo nostro de Corporibus suis vel de incendio Domorum suarum minas fe∣cerint ad sufficientem securitatem de pace, &c. Inveniendam, &c. Which Mr. Fitzh. 8. Construeth thus, He that is threatned that he shall be hurt in his Body, or that his House or Goods shall be Burnt, may demand Surety of the Peace for his safeguard in that behalf; but saith the Court 17 Ed. 4. 4. If a man will demand the Peace, because he is in fear that another Man will take and imprison him, it ought not to be granted; and one yieldeth the reason to be, because he may have a Writ De homine Replegiando, or an Acti∣on of False Imprisonment, and may thereby recover the Damages of his Imprisonment: The same Reason might be made against the demand of the Peace where a Man is Threatned with Battery; and yet it is clear, that in such a Case the Surety of Peace ought not to be denied him▪ And truly to threaten Imprisonment, is within the words Minas de Corporibus, no less then Battery it self; and like harm may happen by hard Imprisonment & cruel Beating. It shall be Good therefore to enquire of this matter. But I take it somewhat clear, that a Justice of the Peace may not by this Commission Award a Precept of the Peace in the behalf of a Man that will require it, because he is at variance with his Neighbour, or feareth that he will do harm to his Servants or Cattle; for in that Case Mr. Fitzherbert helpeth him with

an old Writ to the Sheriff, as he findeth it in the Register, and F. N. B. 80. G.

* 149.34XXI. 83, 84. The Peace being thus for good Cause required, it is the common manner to exact an Oath of the party, whereby the Justice may be the better informed and led to think that he doth not ask it for malici∣ous vexation of another, but of very fear, and for the needful safety of him∣self and his; and Mr. Fitzherbert in F. N. B. 79. H. laboureth to shew, that the Justices of the Peace ought not without such an Oath to grant this Sure∣ty at the suit of any man, forasmuch as not only the Justices of B. R. do yet take an Oath in such Case, but the Ancient Course of the Law was such in the Chancery it self also, although it be now adays otherwise used there. Crumpt. 135, 138. Dalt. 171. cap. 69.

XXII. Kilborn's Precedents 233. The Oath of him who craves the Peace against another.

YOƲ shall Swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him, but for safety of your Body from harm which you fear he will do, or procure to be done unto you. So help you God.

Or thus.
YOƲ 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 bur∣ning of your Houses. So help you God.

* 149.35XXIII. Lamb. 84, 85. It resteth to shew by what means this Surety may be enjoyned; and that is either by word or writing under Seal: for a Justice of Peace may by word only Command a Man being in his presence to find Surety of the Peace, 9 Ed. 4. 3. For seeing that he is a Judge of Record, saith Mr. Fitzherbert 8. his Precept by mouth is stronger then his Precept in writing. So if the Peace be demanded against one that is in his presence, he may Command the Sheriff or other known Officer, or his own Servant if they be then present also to Arrest the party to find his Surety, 14 H. 7. 8. and Marrow, for it is not so much the Arrest of the Minister as of the Ju∣stice himself: But if either the Officer, Servant, or Party be absent, then it is requisite to make a Warrant or Precept in writing; the form whereof may be thus in English, Crumpt. 138. b. § 8. Dalt. 165. 166. cap. 68.

XXIV. Lamb. 85, 86. The Precept for the Peace.

Kent ss.

Ja. by the Grace of God, &c.

To Our Sheriff of K. the Constables of the Hun∣dred of W. &c. and to all and singular Our Bayliffs and other Our Ministers in the said County, as well within Liberties as without, Greeting:

Forasmuch as A. B. of W. aforesaid, Yeoman, hath personally come before G. B. of the said Town Esq one of Our Justices of the Peace within the said County, and hath taken a Corporal Oath, That he is afraid that one C. D. of S. in the said County, Yeoman, will beat, wound, maim or kill him, or burn his Houses, and hath therewithal prayed Surety of the Peace against the said C.D. There∣fore we Command and Charge you jointly and severally, that immediately upon the receipt hereof, you cause the said C. D. to come before the said G. B. or some other of Our said Justices, to find sufficient Surety and Mainprise, as well for his appearance at the next Quarter Sessions of our Peace to be holden at M. in the said County, as also for Our Peace to be kept towards Us and all Our Liege-people, and chiefly towards the said A. B. that is to say, That he the said C. D. shall not do, nor by any means procure, or cause

to be done any of the said Evils to any of Our said People, and especially to the said A. B. and if he the said C. D. shall refuse thus to do, that then im∣mediately, without expecting any further Warrant; you him safely convey or cause to be safely conveyed to Our next Prison in the said County, there to remain until he shall willingly do the same, so that he may be before Our said Justices at the said next General Sessions of the Peace to be holden at M. aforesaid, then and there to answer unto Us for his Contempt in this behalf; and see that you certifie your doing in the premisses to our said Justices at the said Sessions, bringing then thither this Precept with you.

Witness the said G. R. at W. aforesaid, the fourth day of August, &c.

Or thus,

In the Name of the Justice himself, Mutatis Mutandis. E. W. Knight, one of the Justices of the Peace of our Sovereign Lord the King within the said County,

to the Sheriff, &c. Greeting.

Forasmuch as A. B. &c. hath personally come before me, &c. These be therefore on the behalf, and in the Name of our said Soveraign Lord, to Command you joynt∣ly, &c. to come before me or one other of his Majesties said Justices of the Peace in the said County, &c.

Given under my Seal at W. aforesaid.

XXV. Lamb. 87.* 151.1 It is meet that the Precept for the Peace do expresly contain the Cause of the Peace within it, for otherwise how can the Officer or Parties take knowledge that surety must be provided for it; yea every Precept made by a Justice of Peace ought to comprehend the special matter upon which it proceedeth, as the King's Writs, and as for the form that is now commonly used (to answer to such things as shall be objected and such like, they were not fetched out of the old Learned Precedents, but lately brought in by such as either knew not or cared not what they writ.

XXVI. Lamb. 87, 88. The Warrant of the Peace is the better also if it bear date of the Place where it was made; for if a Man be to plead such a Precept for his excuse, in an Action of false Imprisonment brought against him, he ought in his Plea to shew the place where the Warrant was made, 14 H. 8. 18.

XXVII. Lamb. 88. And this Precept may also be directed to any indif∣ferent person by name, though he be no Officer at all; for so it seemeth to be permitted in the Oath of the Justice of the Peace, and so is also 14 H. 8. 18. The which liberty the Justices in some Shires do use and take accusto∣mably, directing their Precepts to private Men of their own Election and Choice: But yet I take our Kentish Course to be the safer way, where we commonly write to the sworn Constables and Bursholders only.

XXVIII. Lamb. 89. If such a Precept be made jointly to Twain, yet the one alone may serve it: If it be directed to the Sheriff, then he may Com∣mand his Bayliff, Under-Sheriff, or other sworn and known Officer, to serve it without writing any Precept: But if he will Command another Man that is no Officer to serve it, he must give him a written Precept; for otherwise a Writ of false Imprisonment will lye for the Arrest: And if it be directed to the Bayliff, or to a Servant of a Justice of Peace, or other Stran∣ger, they must serve it themselves; for they can Command none other to do it, neither by Word nor Precept, by Marrow.

XXIX. Lamb. 89. A sworn and known Officer needeth not to shew this Warrant, when he doth serve it upon a Man, 8 Ed. 4. 14.* 151.2 False Imprison∣ment, Br. 23. & 20 H. 7. 13, &c. For his Office doth after a sort Authorize him: But if the Justice will set his Servant to serve it, that Servant must shew the Warrant, if the party demand it; and otherwise the party may make resistance:

XXX. Lamb. 89, 90. A Justice of Peace, saith Peace,* 151.3 Br. 9. may make this Warrant returnable before himself, and the Bayliff needs not to carry

the party before any other Justice; but Judge Fineux, 21 H. 7. 20. saith, That if a Justice of Peace do make a Warrant of the Peace Ex Officio, that is, without any Writ of Supplicavit Awarded, then the party may chuse to ap∣pear before him or any other Justice in the Shire, and that he shall punish the Bayliff in false Imprisonment, if he do otherwise compel him; (5 Co. 59. Infrà 37.) otherwise it is in the Execution of a Writ of Supplicavit; for he alone to whose hands it first cometh, is Authorized to execute and return that Writ, and thereupon Mr. F. N. B. 81. affirmeth, That if such a Writ of Supplicavit be delivered to the Sheriff, then he may both Execute it alone, and also take Surety by Recognizance, which otherwise being but a Con∣servator he could not do, because the Writ doth so enable him, yet 9 Ed. 4. 31. Littleton is to the contrary, Dalt. 166. cap. 69.

XXXI. Lamb. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him; by the opinion L. 5 Ed. 4. 13. 10. and in truth the Common Form of the Precept is, And if he refuse, &c. then he shall convey him to the Goal, and therefore if he yield to come and to find Surety, the Officer may neither absolutely Arrest him, nor take any Fee of him: And this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace, the Justice need∣eth not demand Surety of him, but may commit him if he do not offer Sure∣ty, 4 H. 7. 9. Crumpt. 142. Dalt. 166. cap. 69.

XXXII. Lamb. 90, 91. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant, and then afterwards do procure a Warrant for it this nevertheless is unlawfully done, and will not excuse him in an Acti∣on of false Imprisonment. But if the Bayliff do cause one by force of a War∣rant to come and find Surety of the Peace, and when the Party is brought, the Justice will not bind him, yet the Bayliff is excused, 21 H. 7. 22. Crump. 144. & 14 H. 7. 9.

XXXIII. Lamb. 91. If Surety of the Peace be required at the hands of a Justice of Peace that dwelleth out of the County, against a Man within the County, the Justice may grant a Precept to be served in the County: but when the party shall be thereupon warned and commanded to find Surety, the Officer may not carry him out of the County to the Justice of Peace that made the Warrant; by Marrow: For a Justice of Peace hath no Autho∣rity but in the County where he is a Justice, 13 Ed. 4. 8. & Coron. 37. and therefore it may be doubted also whether such a Warrant be good or no.

XXXIV. Lamb. 92. But if it fall out that he refuse to come and put in such Surety, then may the Officer by virtue of his Warrant convey him to Prison; for the words of the Commission, § 5. are, And if he shall refuse, then, &c. And if he add resistance to this refusal, and make assault upon the Officer, then may that Officer justifie the beating or hurting of him, 21 H. 7. 39. per Fineux. Dalt. 167. cap. 69. 3 H. 7. 3. per Brian, False Impri∣sonment Br. 21.

XXXV. Lamb. 93. To this Arrest for the Peace, all Lay Persons under the degree of Lords or Peers of the Realm be subject, and Ecclesiastick per∣sons, if they be not attendant upon Divine Service, may be Arrested for the Peace also, by Marrow.

* 151.4XXXV. Lamb. 93, 94. For as it seemeth to some, that any Justice of Peace may upon his offer take the Surety and deliver him, so it may be some doubt whether he may be delivered upon the Death or Release of the party, without the help of a Sessions or Goal Delivery, Dalt. 167. cap. 69. & 176. cap. 71.

* 151.5XXXVI. Lamb. 94. It appeareth, 4 Ed. 4. 16. pl. And by the opinion of Brian, 2 H. 7. 2. 4. That if such an Imprisoned person had a suit hanging in the Common Place aforehand, he might by a Writ of Priviledge be dis∣charged

of the Imprisonment, if the Party at whose suit he was Arrested for the Peace, were not ready in Court at the day of the Return of the Writ when he should be called to pray there again the Surety of the Peace against him; and he saith, that it had been alwayes their common Course so to do: but other there were of a contrary opinion; and it seemeth a hard Case that without any sufficient notice of such a removing of the Party, a man should be defeated of his Surety for the Peace, Crumpt. 141. b. 142. b. 143. Dalt. 167. cap. 69. & 186. cap. 73.

XXXVII. Lamb. 94, 95. But now if the party shall yield to find Surety of the Peace, then may he be at his Liberty if the Precept proceed ex officio,* 151.6 and without the Writ of Supplicavit, to go to any other Justice of the Peace to offer his Surety; for such is the opinion of Fineux, 21 H. 7. 20. (suprà 30.) Tho Mr. Brook Peace, Br. 9. and Faux Imprisonment, Br. 11. liketh better to give the Election thereof to the Officer 5 Co. 59. b. and I do remem∣ber, that a Justice of the Peace was by Order in the Star-Chamber thrust out of the Commission only, because he refused to accept Surety of the Peace offered unto him upon a Warrant Awarded by one his Fellow Justice, to whom the party as he alledged durst not go to give it for fear that he would Execute upon him the malice that he bare against him, Crumpt. 140. b. 144. Jurisd. 31. Dalt. 166. cap. 69.

XXXVIII. Lamb. 95. But here again the Officer had need be advised, lest he find much trouble in following the Party whither he shall please to lead him: for as there may be just Causes to yeild unto the request of a man that shall dislike to be brought before that Justice which gave out the Warrant, either for some matter of private displeasure, or for the great di∣stance of his Dwelling, or for other Reasons; so yet without good Allega∣tion made, I allow not that the Officer shall be drawn out of the Division and Limit where both he and the party do Dwell; for in so doing, the Of∣ficer and not the Offendor may seem to be punished by the Service, Dalt. 166. cap. 69.

XXXIX. Lamb. 95. 96. Hereupon also it happeneth often,* 151.7 that such Persons chusing rather to be bound by any other then by him that maketh the Warrant, do offer themselves and do become bound before some other Justice: and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them; yea and many times hearing of such precepts and misliking to be bound in the Country, they go up to West∣minster and give Surety of the Peace there, either in the Kings-Bench for a time only, as the manner of that Court is, or in the Chancery forever, or for a time, as they use it, and do thereupon procure a Supersedeas from the Court where they are bound, to close the hands of the Country Justices, Crumpt. 138. b. § 9. & 144. b. 145. b. Dalt. 168, 169. cap. 69.

XL. Lamb. 96. If therefore a Justice of the Peace will by a Supersedeas discharge a precept for the Peace Awarded by his fellow Justice by Vertue of his Office (and not by force of a Supplicavit, which is of a higher Na∣ture, and cannot be so Avoided) then shall he do well to take the Recogni∣zance after the self same sort in all points as the Form of the former Precept doth require: for as it is good reason that having taken Surety for the Peace, he may by his Supersedeas save the party from finding other Surety for the self same Cause. So is it not reasonable that he should proceed other∣wise then according to the first Precept, and thereby discharge a matter of Record that was made by one of equal Authority with himself. Fitz-herb. 9. Crumpt. 138. b. § 10. & Infrà 99.

XLI. Lamb. 96, 97.* 151.8 But this Supersedeas sent by a Justice of Peace is sufficient, although it neither name the Sureties nor contain the Sums in which they are bound; yet is it the better form to express them both, as well because the higher Courts use so to do, as also that if the Bayliff, Con∣stable

or other Officer to whom it is delivered, be called at the next Sessi∣ons by the Suit of him that sought to have the place, to shew he hath Exe∣cuted his Warrant, and to come in and shew forth the Supersedeas; then the Party that is bound may be called thereupon at the day that appeareth to be Limitted unto him by the Supersedeas; for it is under the Seal of a Justice, and doth testifie that the party is bound and hath found Surety to appear at a certain day; and if he make default, that being recorded, shall be sufficient to cause him to forfeit the Penalty of the Recognizance, altho the Justice that Awarded it shall omit to bring the Recognizance it self according as he ought now to do, by 3 H. 7. 1. §. N. and this may be Ga∣thered upon the opinion 2 H. 7. 4. Surety, Br. 13. Priviledg, Br. 52. and may also be seen by this Form of the Supersedeas under-written.

XLII. Lamb. 97, 98. W. S. Esq one of the Justices of the Peace of our Soveraign Lord the King within the County of K. to the Sheriffs, Bayliffs, Constables, &c. and other the faithful Ministers and Subjects of our said So∣veraign Lord within the said County, and to every of them, sendeth Greet∣ing: Forasmuch as A. B. of &c. Yeoman, hath Personally come before me at A. &c. and hath found sufficient Surety, that is to say, C. D. & E. F. &c. Yeoman, either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People, and specially to∣wards G. H. &c. Yeoman; and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at M. there: there∣fore on the behalf of our said Soveraign Lord I Command you and every of you, that ye utterly forbear and surcease to Arrest, take, Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him, that then you do cause him to be delivered and set at Liberty without further delay, given at A. aforesaid under my Seal this Day of &c. Anno, &c.

This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace, thus; Charles by the Grace of God, &c. to the Sheriff, &c. Greeting. Forasmuch as A. B. hath come before T. F. Knight, one of our Justices of the Peace within our said County, and hath found, &c. we therefore Command you and every of you that ye forbear, &c. Witness the said T. F. &c.

XLIII. Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace, the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause, in so much, that if any Officer by any of their Warrants having this Supersedeas delivered unto him, will never∣theless urge the Party to find new Surety for the Peace, he may refuse to give it; and if he be Committed to Prison for such his refusal, he may, as I think have his Action of False Imprisonment against the Officer upon the same.

XLIV. Lamb. 99. I read 21 Ed. 4. 40. Peace, Br. 17. that a Superse∣deas proceeding out of the Chancery, will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is award∣ed from an Inferior Justice of the Peace; and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease, an Attachment may be Awarded against him for his con∣tempt, and he may be Imprisoned and Fined for it. Crumpt. 139. § 12.

XLV. Lamb. 99, 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party; and if they have Award∣ed

it, then to make their own Supersedeas to the Sheriff and other Officers, thereby Commanding them to surcease to put it in Execution.

XLVI. Lamb. 100.* 151.9 If the Justice of Peace deal in taking of the Recog∣nizance of the Peace as a Judge, and by vertue of his Commission § 5. then the number of the Sureties, the Sum of the Bond, their sufficiency in Goods or Lands, the time how long the Party shall be bound, and such other Cir∣cumstances, are referred wholly to his own Consideration: and if he be de∣ceived in the ability of the Sureties, he may compel the Party to put in others, by Marrow; for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths.

XLVII. Lamb. 100, 101. The Common manner is to take two Sure∣ties besides the Party himself; and good reason it is that those should be such as have their names registred in the Book of Subsidy, for albeit that here and there some may be sufficient that were not Assessed to the King, yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all; and the Case may be such, that Sureties only, not the principal Party, shall give the Bond: for if the Peace be prayed against a Wife or an Infant under the years of Discretion, they shall be bound by their Sureties only as was the Monk or Cannon, 36 H. 6. 23. Surety, Br. 9. Moign. Br. 15. Dalt. 171. cap. 69.

XLVIII. Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit,* 151.10 then must he behave himself as the Writ it self directeth him; and that hath not been al∣wayes after one manner, for some Commandeth him to take sufficient Ma∣nucaptors in any pain or Sum to be reasonably set by himself, so that he will be answerable for it at his own Peril: and some willeth him to take suffici∣ent Security in a Sum certainly prescribed unto him, as C li. in all or every of them in XX li. as at large, Register 89. Dalt. 185. cap. 73.

XLIX. Lamb. 101, 102. A Justice of the Peace, saith Marrow,* 151.11 may take this Surety by a Gage or pledge which shall not be forfeited thereby, but pawned only, so that the Party shall under a certain pain keep the Peace; which pawn he shall forfeit if he break the Peace. Dal. 171. cap. 69.

L. Lamb. 102. And by the Opinion of Marrow, a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Ju∣stice of the Peace; for so shall it be, saith he, ad usum Domini Regis: but if it were made unto him without his name of Justice of the Peace, then it could not be to the use of the King, unless it had the words ad usum Domini Regis: on the other side F. N. B. 81. D. holdeth, that such an obligation taken to the King by a Justice of the Peace, is nothing worth; for a man cannot be bound to the King but only by matter of Record, unless he will after come into a Court of Record and Confess it to be his Deed, and pray that it may be Enrolled there, 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. §. N. hath made a plain Law in these Cases, that all Obligations and Spe∣cialties made for any Cause touching the King, shall be in his own name by the words Domino Regi, and to no other Person to his use. The safe way therefore is to take his Surety by Recognizance, as is commonly used, and that also by the words Domino Regi, and then upon the Forfeiture thereof, the King shall have Execution accordingly. 51. Dalt. 171. 172. cap. 69.

LI. Lamb. 103. Now if a Recognizance be ment to be taken for the Peace by a Justice of the Peace, and yet do not contain within it, or in the Condition thereof, that it was taken for the keeping of the Peace, it seem∣eth to be void, as being then taken Coram non Judice, because a Justice of the Peace hath not power to take Recognizances Generally, but for matters

concerning his Office specially; and therefore Mr. Marrow addeth further, that if the Recognizance be, that the Recognizor shall not maim nor beat A, yet it is not good, because it ought to be for the keeping of the Peace, and that may be broken otherwise, as by Burning the House of A. or by such like Misdemeanor, Dalt. 171. cap. 69.

LII. Lamb. 103. 104. Although this Recognizance do not comprehend any time of appearance, but be Generally to keep the Peace, yet it is good in Law, saith Mr. Marrow, because the chief scope is the keeping of the Peace, and the time is referred to the Discretion of the Justice: but as 2 H. 7. 1. it was moved whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum, that the Party might be called upon it. So by 3 H. 7. 1. § 1. N. 26. It is plainly Enacted, That every Recognizance taken for the Peace, shall be certified at the next Sessions of the Peace, that the Party may thereupon be called, and his default, if any happen, may be recorded: whereby it seemeth, that every Recognizance of the Peace ought not to contain the appearance of the Party at the next Sessions, and other∣wise there may be some mischief; for if the Party shall not so appear he is at Liberty without a new Arrest, and not forth-coming to be bound over, if it be so required. Crumpt. 141. b. 142. b. Dalt. 172. cap. 69.

LIII. Lamb. 104. And by Mr. Marrow, if the Recognizance contain a day of Appearance, and yet have no Person named before whom the Party so Bounden shall appear, then may he appear where he will before the Ju∣stices of the Peace which took the Recognizance of him.

LIV. Lamb. 104. If the Form of the Recognizance be in xx li. to be Levied only of the Goods, or only of the Lands of the Recognizor, it seem∣eth to be good enough; for peradventure the words of the Goods only, or the Lands only, shall be taken to be void, seeing that the very acknow∣ledgment of the Sum of xx li. before a Judge enabled to take it, both maketh it a Debt, and implieth the Ordinary mean of Law to come unto it, Dalt. 172. cap. 69.

LV. Lamb. 104. Ibid. If this Recognizance be taken to keep the Peace against one special Party only, Mr. Marrow thinketh it good; but advise well of it, for the words in the Commission § 5. of the Peace now be to take Surety, Erga nos & populum nostrum. Dalt. 172. cap. 69.

* 151.12LVI. Lamb. 105. For the better Eschewing of all Error in himself, and bad dealing against the Party, I wish the Justice to go via regia, following the received Form; which I take to be thus.

K. Memorand' quod quarto die Julii, Anno Regni &c. R. P. de E. 'in Com' predict' Yeoman in propria persona sua venit coram me I. L. Milite, uno Justi∣ciarior' dicti Domini Regis ad Pacem in dicto Comitat' Conservand' assig∣nat' & assumpsit pro seipso sub poena viginti librar' & H. I. de L. in Com' predict' Yeoman, & I. H. de M. in eodem Comitatu Husbandman, tunc & ibidem in propriis personis suis similiter venerunt & manuceperunt pro pre∣dict' R. P. (viz.) quilibet eorum separatim sub poena C. solidorum quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad Pacem ad proxi∣mam Generalem Sessionem Pacis in Com' predicto ad faciend' & recipiend' quod ei per Curiam tunc & ibidem injungetur, & quod ipse interim pacem dicti Domini Re∣gis custodiet erga ipsum Dom Regem, & cunctum populum suum & precipuè versus M. N. de Ightham predict' Yeoman, & quod Damnum vel malum aliquod corpo∣rale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in loesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat quovis∣modo non faciet nec fieri procurabit. Quam quidem Summam xx libr' predict' R. P. & quilibet manucaptorum predictorum predictas separales Summas C. So∣lid' recognoverunt se debere dicto Domino Regi, de terris & tenementis, bonis & catallis suis, quorumlibet & cujuslibet eorum ad opus dict' Domini Regis, He∣redum & Successorum suorum, fieri & levari ad quorumcunque manus devenerint,

si contigerit ipsum R. P. premissa, vel eorum aliquod in aliquo infringere, & in∣de legitimo modo convinci. In cujus rei Testimonium ego predictus I. L. Sigil∣lum meum apposui Dat' &c. Dalt. 369. cap. 123. & 172. cap. 69.

Or thus,
MEmorand' quod 4 die &c. A. B. de I. &c. & C.D. de eadem Yeoman vene∣runt coram me I.F. &c. & manuceperunt pro I.S. nuper de L. &c. quod ipse personaliter comparebit coram me prefat' I. F. vel sociis meis Justiciariis pacis Domini Regis ad proximam Generalem Sessionem &c. & quod ipse interim gerit pacem erga cunctum Populum Domini Regis, & precipuè erga R. B. &c. viz. qui∣libet manucaptorum predictorum sub poena xx libr', & predict' I. S. assumpsit pro seipso sub pena xl l, quam quidem Summam xl li. predictus I. S. & quilibet ma∣nucaptorum predictorum dictam summam xx libr' recognoverunt &c. Kilb. Presi∣dents. 191. Dalt. 369. cap. 123.

LVII. Lamb. 107. And this may be well done also by a single Recog∣nizance in Latine, with a Condition added or Endorsed in English for the keeping of the Peace, and for the day and place of the Appearance at the Quarter Sessions.

LVIII. Dalt. 368, 369, 370. cap. 123. A single Recognizance taken be∣fore Justices of the Peace,

C. MEmorand' quod Die Anno &c. venerunt coram me M. D. & J. B. Armig' Justiciar' dicti Domini Regis ad pacem in Com' predict' Con∣servand' assignat' J. S. de B. in Com' predict' Yeoman, & W. S. de eodem Wea∣ver, ac R. D. de S. in Com' predict' Taylor, & recognoverunt se debere Dicto Do∣mino Regi, viz. quilibet manucapt' predict' v libr', & predict' J. S. x libr' bo∣noe & legalis monetoe Anglioe solvend' eidem Domino Regi in Festo Purificatio∣nis beatoe Marioe Virginis proxim' futur' post Dat' present' & nisi fecerint con∣cesserunt pro se Heredibus Executoribus & administraterbus suis per present' quod Dictoe separales Summoe leventur' & recuperent' de maneriis, messuagiis, terris, tenement', bonis, catallis, & hereditament' ipsorum J. S. W. S. & R. D. hered', executor', & assignator' suorum ubicunque fuerint jnvent' per present' Dat' &c.

Another, CAntebr. Memorand' quod &c. Die, &c. Anno &c, D. E. de B. in Com' predicto Yeoman personaliter venit coram me N. D. Armig' uno Justiciar' Dicti Domini Regis ad pacem in Com' predict' Conservand' assignat' & recogno∣vit se debere dicto Damino Regi x libr' bonoe & legalis monetoe Anglioe de bonis & Catallis, terris & tenement' suis fieri, & levari ad opus dicti Domini Regis, heredum, & Successorum suorum, si defecerit in Conditione indorsata.

Alias. MEmorand' quod &c. Die &c. Anno &c. venerunt coram me M. D. uno Justiciar' &c. assignat' T. F. de W. in Com' predict' Yeoman, & J. S. de eisdem Villa, & Com' Husbandman, Manuceperunt & uterque eorum separa∣tim manucepit sub pena v li. legalis monetoe Anglioe pro W. S. de W. predict' Taylor, & predict' W. S. assumpsit pro seipso sub pena x li. consimilis monetoe Anglioe, quas quidem separales Summas recognoverint, & quilibet eorum ut pre∣dictum recognovit se debere dicto Domino Regi, de terris & tenement', bonis & Catallis suis fieri &c. si predict' W. S. defecerit in performatione Condition' in∣frascript'▪

A Condition to keep the Peace.

THe Condition of this Recognizance is such, that if the within Bounden J. S. shall personally appear before the Justices of our said Soveraign Lord the King, at the next General Sessions of the Peace to be holden in the said County of C. to do and receive that which by the Court shall be then and there enjoyned him, and that he in the mean time do keep the Peace of our said Soveraign Lord the King towards the Kings Majesty and all his Liege People, and especially towards A. B. of C. aforesaid Yeoman, that then, &c. Kilborns Presidents, 176.

* 152.1LIX. Lamb. 107. If the Surety were taken by virtue of a Supplicavit, then must the Justice of Peace being in this Case but a Minister, make re∣turn of the Writ and Certificate of his doing into the Court, from whence the Supplicavit did proceed. First, let him note upon the Back of the Sup∣plicavit thus, Executio istius brevis patet in quadam Schedula huic brevi Annexa.

The Schedule thus.
EGo T. F. Miles unus Custodum pacis Domini Regis in Com' K. certifico in Canceliarioam dicti Domini Regis me virtute istius Brevis mihi per A. B. in eodem Brevi nominat' primo deliberati) personaliter coram me tali die & loco venire fecisse T. R. in dicto Brevi nominatum, ac eundem T. ad sufficien∣tem securitatem, & manucaptores pacis inveniend' secundum formam dicti Bre∣vis, viz. (as the Writ which is of divers forms shall appoint) Compulisse, in cujus rei testimonium huic presenti Certificationi meoe sigillum meum apposui, da∣tum apud D. predict' in Com' predict' 25 Die Febr' Anno &c. Dalt. 185. cap. 73.

* 152.2LX. Lamb. 108. If a Certiorari be directed out of the Chancery to the Justice of the Peace for removing this Recognizance, because it was not sent up together with the Certificate, as there was no necessity that it should, then that Writ also may be thus Answered.

Upon the Back of the Writ thus,
VIrtute Istius Brevis ego P. H. unus Custodum Pacis Domini Regis in Com' K. tenorem securitatis pacis unde infrà fit mentio Dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè & apertè mitto, prout patet in Sche∣dula huic Brevi consuta. Crumpt. 143. ab.

The which Schedule may be thus.
* 152.3MEmorand' quod XX die &c. Anno &c. (the whole Recognizance to the End) then in cujus rei Testimonium ego predict' P. H. sigillum meum apposui, dat' &c. Dalt. 185. cap. 73.

* 152.4LXI. Lamb. 108, 109. If the Supplicavit be against divers, and the Par∣ty will release his Prayer of the Peace against one of them, then the release ought to be certified for him, and the Writ must be served for the rest, or else non est Inventus may be certified for him, and the Writ may be certified for the rest, Dalt. 173. cap. 69.

* 152.5LXII. Lamb. 109. And this Form may serve also where a Certiorari is brought to a Justice of Peace, to remove a Recognizance of the Peace, that was taken by him ex officio without any such Writ of Supplicavit, as Regi∣stre 90.

But if the Recognizance be not thus removed from the Justice of Peace, then may he keep it till the Certiorari come to him for it.

On the other side, if the Recognizance were taken by vertue of his Of∣fice, then whether it were by his own Discretion or at the Suit and desire of another, he must send or bring it in at the next Sessions to the Custos Ro∣tulorum, so that the Recognizor may be there Called, and if he make default, then the same default to be recorded as is appointed by 3 H. 7. 1. § 1. N. 26. Dalt. 174. cap. 70.

LXIII. Lamb. 109. And although the Party that prayed the Peace,* 152.6 do not then appear at those Sessions, yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of discretion bind him over, which also they ordinarily do in some places for two or three Sessions together, by order among themselves, Dalt. 174. cap. 71.

LXIV. Lamb. 110. The Justice of Peace that of his own motion com∣pelleth one to give Surety of the Peace until a certain day,* 152.7 may by like dis∣cretion before that day, release it. Fitzh. 10. and if it should fortune to be made to keep the Peace Generally, without any day limited, then would it be construed that it was to continue during the Life of the Party bound, and then could no man release it by Fitzh. & 21 Ed. 4. 40. & 9 Ed. 4. 3. Crumpt. 139. b. § 15. & 141. Dalt. 175. cap. 71.

LXV. Lamb. 110. If at the Suit of A. the Recognizance should be ta∣ken to keep the Peace against A. only, and none other; then may A. release it either before the same Justice, or any other that will certifie the release, which Certificate being of Record will discharge it, but to release it by Deed is nothing worth, by Marrow, Dalt. 175. 176. cap. 71.

LXVI. Lamb. 110. And so if it be versus cunctum populum & precipuè versus A. yet may A. after that sort release it, as the Law is now practiced in our time clear against the opinion of 21 Ed. 4. 40. for albeit that it seem popular, so that all others should have equal Interest with A. in it; yet was it taken specially say they for his safety, as the word precipuè doth argue plain, and peace. Br. 17. saith truly, that it was used at that time also, Crumpt. 142. b. Dalt. 174. cap. 71. & 176. cap. 71.

LXVII. Lamb. 111. But since the Recognizance is made to the King, and not to the Party, though for his Security, and seeing also that by such release, he that ought to remain bounden shall be at Liberty, and may do harm whilst intending to beat B. he may contend with A. both to pray and Pardon the Recognizance for the Peace, I could for my part like better to maintain that old, then to Imitate this new Opinion, Dalt. 176. cap. 71.

LXVIII. Lamb. 111. And now whether the recognizance be at the Suit of A. or by the meer motion of the Justice in the behalf of A. the King cannot Release or Pardon it, before that it be forfeited, both for the mischief that may come to A. thereby, by the opinion of Fineux 11. H. 7. 12. and for that the Recognizance being taken according to the common Form as is before set down. It is not properly a Debt to the King until it be forfeit∣ed as appeareth 11 H. 4. 43. & 1 H. 7. 10. But being once forfeited, then he and none other may pardon the Forfeiture, for then it is become proper Debt unto him, Dalt. 177. cap. 71.

LXIX. Lamb. 111, 112. Now in these Cases the Recognizance may not be Cancelled, lest peradventure the Peace was broken, and consequent∣ly the Recognizance forfeit before the time of the Release made, Fitzh. 10. and therefore Crumpt. 140. b. 141. a.

It shall be best in such Cases to send to the Sessions the Recognizance and the Release together, and that may be done in a few Lines under the Recog∣nizance it self, Crumpt. 139. b. § 16.

For the Release of a Justice, thus.

EGo prefat' T. W. Miles qui supra nominat' A. B. ad predict' securitat' pacis inveniend' ex mea Discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die August', Anno &c. remisi & relaxavi.

In cu∣jus rei testimonium huic presenti relaxationi meoe sigillum meum apposui, Dat' &c.

Dalt. 390. cap. 128.

And for the Release of the Party before the same Justice that took it, thus.

MEmorand' quod primo die Augusti, Anno &c. prefatus C. D. venit co∣ram me S. L. & Gratis remisit & relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitum.

In cujus rei testimonium ego prefat' S. L. &c. Dat' &c.

But if the Release be made as some think it may, before another Justice of the Peace which hath not the Recognizance, then this latter form must be framed accordingly, Dalt. 390. cap. 128.

LXX. Dalt. 390. cap. 128. These two former Releases are to be written under the Recognizance it self, and if the Justice shall only Subscribe his Name to the Release without his Seal it is well enough, especially where the Recognizance is without Seal.

Or the Release of the Party may be by it self, thus.

C. MEmorand' quod C. D. de S. in Com' predict' Yeoman 1 Die August' An∣no &c. venit coram me J. B. Armig' uno Justiciar', dicti Domini Re∣gis ad pacem in Com' predict' conservand' assignat' apud W. in Com' predict', & ibidem remisit & gratis relaxavit R. W. de S. in Com' predict' Laborer secu∣ritatem pacis per ipsum C. D. versus dictum R. W. coram me petitum,

Dat' Die & Anno supradict'.

And if the Release be made before another Justice which took not, or hath not the Recognizance, it may be thus.

C. MEmorand' quod A. B. de C. in Com' predict' Yeoman, 1 Die &c. Anno &c. venit coram me R. H. Armig' uno Justiciar' dicti Domini Regis ad pacem in Com' predict' conservand' assignat' apud W. in Com' predict', & se∣curitatem pacis quam habet versus J. S. de &c. penitus remisit & relaxavit,

dat' Die & Anno supradictis.

* 156.1LXXI. Lamb. 112, 113. Furthermore, if a man be bound before a Ju∣stice of the Peace to keep the Peace against all the Kings People, and to appear at the next Quarter Sessions, and do afterwards procure a Supersedeas out of the Chancery, testifying that he hath found Surety there against all the Kings People forever, this will discharge his Appearance at the Sessions, because the granting of this Supersedeas is the act of the King, which is the Fountain of Justice, and Controleth all other derived Authorities, Fitzh. 9. Crumpt. 139. § 12. & 141. b.

LXXII. Lamb. 113. But if that Supersedeas should testifie that he hath found Surety in the Chancery, only until a certain day (which day is after those Sessions) then Mr. Fitz-herbert thinketh, that his Appearance at the Sessions shall not be discharged by the Supersedeas, Crumpt. 139. § 13. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas, if it come to his Hands; for peradven∣ture

the Recognizance was broken before the Supersedeas purchased, or if it were not, yet he shall not be excused, and the Recognizor never a whit the more endangered thereby.

LXXIII. Lamb. 113, 114.* 156.2 Lastly the death of the King dischargeth the Recognizance of the Peace, 1 H. 7. 2. per Curiam, so doth the death of the Recognisor, and so also doth the death of him at whose suit it was taken, if so be that it were made to keep the Peace against him alone, Crumpt. 140. b.

But although the Mainpervors or Sureties dye yet the Recognizance liveth, for if the Peace be broken after their deaths, their Executors shall be charged with it, 21 Ed. 4 40. Crumpt. 142. b.

Neither in the former Cases is the Recognizance discharged by such death, if it were forfeited before; and therefore here again my Counsel is to send in the Recognizance to the Custos Rotulorum, for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him, Crumpt. 141. b. Dalt. 177. cap. 71.

LXXIV. Lamb. 115.* 156.3 If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him, he hath forfeited his Recognizance: And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him, as appeareth by 33 H. 6. 18. b. 37 H. 6. 20, &c. and shall suppose it to be contrà pacem. But other∣wise it is, if A. be not present at that threatning by good opinion, 18 Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him, and then do afterward lye in wait to beat him, he hath in that Case also broken his Recognizance, 22 Ed. 4. 35. b. per Curiam, Crumpt. 136, 137. Lamb. 127. Dalt. 177. cap. 72.

LXXV. Lamb. 113. Like forfeiture is it if he that is bound do but com∣mand or procure another to break the Peace upon any man, or to do any other unlawful act against the Peace, if that it be done indeed, tempus H. 8. Peace. Br. 20. & 7 H. 4. 34. Dalt. 178. cap. 72.

LXXVI. Crumpt. 135. If a man be not in fear that A. will beat him,* 156.4 or &c. yet if he doubts that he will procure this, or procure another to kill his Cattle, or do evil to them, or to burn his Houses, or such like, he must take his Oath expresly for this whereof he stands in doubt, as it seemeth, for it may be he stands in doubt of one and not of another.

LXXVII. Crumpt. 136. A Justice of Peace makes a Warrant to the She∣riff to Attach another, and to carry him to the Sessions to be bound to the Peace, and that in the mean time he bind him to the Peace, and for his ap∣pearance at the Sessions aforesaid: Quaere, if this Precept that he do bind him ut suprà be good, but the Justices of B. R. may command the Sheriff, as ap∣pears F. N. B. 79. Lamb. 187. Dalt. 330. cap. 117. Dalt. 183. cap. 73.

LXXVIII. Crumpt. 136. b. Nota, Where any Recognizance shall be forfeit which is taken for the Peace, that Act must be done to the person that shall be a breach of the Peace, by Marrow, lect. 7. Lamb. 115. Dalt. 178. cap. 72. & 2 H. 7. 1.

LXXIX. Dalt. 177. cap. 72. Whatsoever act is a breach of the Peace, the doing or intending thereof against the person of another, being present, is a forfeiture of this Recognizance, Crumpt. 137. ab.

LXXX. Crumpt. 136. b. 137. If a man corrects his Wife,* 156.5 Servant or Child reasonably its no breach of the Peace, &c. Marrow, lect. 7. & 21 Ed. 6. 53.

A Master may beat another in defence of his Servant, for fear of losing his Servant; and so he may do in defence of his Wife and Children; and so a Servant in defence of his Master may beat another, and no breach of the Peace, &c: Ibidem. see 21 H. 7. 41. 35 H. 6. 56. & 9 Ed. 4. 51.

A Child may beat another in defence of his Father or Mother, and no breach, &c. Ibidem.

A man may beat another in defence of his Goods, and no breach, &c. ibid. & 9 Ed. 4. Trespass. The Case is, that if a man will take anothers Goods, he may lay his hands upon him and disturb him, and if he will not let them go, he may beat him rather then suffer him to carry them away, libr' Intr' 553. 189. Dalt. 181. cap. 72.

To beat a Man that is Mad with Rods, and bind him is no breach of the Peace, 22 Ass. 56. 22. Ed. 4. 44. Dalt. 179. cap. 72.

LXXXI. Crumpt. 137. b. A Justice of Peace enjoyns a man on pain of 10 li. to keep the Peace, It avails nothing, by Marrow lect. 6. Crumpt. 123. § 9. & 135. a.

* 156.6LXXXII. Crumpt. 137. b. § 17. If a Clerk of the Peace gives, or makes promise to give any thing in consideration of having the said Office of Clerk-ship, he shall be by this disabled of having and occupying the said Of∣fice, 5 & 6 Ed. 6. 16. §. N.

* 156.7LXXXIII. Crumpt. 139. b. § 18. Nota, The Clerk of the Peace must take in the same Court where he is to serve the Oath of Supremacy, before he shall be permitted, allowed or suffered to exercise the said Office, 5 Eliz. 1. § 19. N. 3.

* 156.8LXXXIV. Crumpt. 140. § 20. In an Appeal of Maim, the Court took surety of the Peace of both Parties by their discretion by four Mainpervors, until the Plaintiffs wound were Cured, each in 40 li. to the King, 21 Ass. 27. Error, Br. 64. and so may Justices of Peace, as it seemeth, on view in Court of the wound and maim.

* 156.9LXXXV. Crumpt. 140. b. If a man be bound to the Peace, and to appear at a certain day, he must appear at this day, and Record his appearance, tho he that demands the Peace comes not, otherwise the Recognizance shall be forfeit, 39 H. 6. 26. Dalt. 174. cap. 71. and though the Justice doth not return the Recognizance to the Sessions, yet the Party must appear and Record his appearance, as where a Sheriff takes an obligation to appear in C. B. &c. he must appear there and Record his appearance at the day, otherwise the obligation shall be forfeit, though the Sheriff doth not return the Writ, 18 Ed. 4. 18. Condition Br. 162.

* 156.10LXXXVI. Crumpt. 140. b. When a Supplicavit of the Peace is directed to the Sheriff, and to all the Justices, and is delivered to one of them, he alone shall execute the Writ, and he that is Attacht by virtue of this Writ can∣not go to be bound before any other Justice, &c. 21 H. 7. 22. Crumpt. 141. & 9 Ed. 4. 32. Dalt. 182. cap. 73.

* 156.11LXXXVII. Crumpt. 141. If a Man forfeits the Recognizance of the Peace, yet until he be thereof Convict by course of Law, he shall not be forced to find new Security, for before Conviction it stands indifferent whether he hath forfeited the Recognizance or not, but after he is Convict of breach of the Peace, then he shall be bound anew, 21 Ed. 4. 40. 10 H. 7. 11. Crumpt. 142. b. 152. § 4. Lamb. 78. suprà 11. Dalt. 159. cap. 67.

LXXXVIII. Crumpt. 141. Nota, if a Man be bound to the Peace, and his Sureties be not sufficient, another Justice may force him to find better Surety, because the Precept is ad inveniend' suffic' securitat', Marrow lect. 6. Dalt. 174. cap. 70.

LXXXIX. Crumpt. 142. When the Conusor hath forfeit his Recogni∣zance, and paid his Mony, the Court Ex Officio shall Award him to Prison until he hath found Surety de novo, because the Ancient Surety is determi∣ned, and it appears to the Court that he is Transgressor of the Law, and therefore shall have the rigor of the Law, 21 Ed. 4. 48.

XC. Crumpt. 142. b. If Sureties be dead, and the King's Serjeant or At∣torny surmiseth this to the Court, they shall not compel the party to find

new Surety, for it was said at the Court, that they can take no regard to any such surmise, because the Executors of the Sureties are charged for the breach of the Peace, and so no mischief, 21 Ed. 4. 48. Lamb. 113, 114.

XCI. Crumpt. 141. b.* 156.12 The Justice of Peace may take a Recognizance to keep the Peace for a year if he will, or a longer time by his discretion, viz. forever for reasonable Cause, Marrow, lect. 6. Jones Br. 71. Dalt. 171. 172. cap. 69.

XCII. Crumpt. 142. b. It was held 21 Ed. 4. 48. if a Man be bound to the Peace, and no day limit how long, &c. that none can discharge this all his life-time by Release or otherwise.

XCIII. Crumpt. 142. b. Nota,* 156.13 That the opinion of all the Justices that a Constable may take Security of the Peace, but upon no pain; and if he will not he hath power to imprison him until he hath found Surety, 3 H. 4. 10. See 10 Ed. 4. 18. It's said he may take an Obligation to keep the Peace.

XCIV. Crumpt. 143. b.* 156.14 If one breaks the Peace the whole Recognizance is forfeit, where a Man is bound for him and his Servants to keep the Peace, 4 H. 7. 8.

XCV. Crumpt. 143. b.* 156.15 The King and the Counsor are at Issue on the breach of the Peace, and the King waves the issue, yet the Recognizance is not discharged, but a new sc' fac' may be Awarded for the breach of the Peace afterwards, but not upon that breach for which he was Impeacht be∣fore, per Cur' 10 H. 7. 11. & 21 Ed. 4. 40. Dalt. 177. cap. 71.

XCVI. Crumpt. 144.* 156.16 The Peace must be granted against him that is an impotent person, though he be not likely to break the peace, because he may procure a stranger to kill the other who demands the Peace, for the words of the Recognizance are, by B. or his procurement, &c.

XCVII. Crumpt. 144. b.* 156.17 The Husband is bound that he and his Wife shall appear at such a Sessions, and that they keep the Peace; in the mean time at the day the Husband appears, but not the Wife, the Recognizance is not forfeited, because if there be any Cause further to find Surety, the Hus∣band shall be bound and not the Wife, and therefore the appearance of the Wife is not material, as it seemeth, Crumpt. 133. b. Dalt. 163. cap. 68. & 175. cap. 71.

XCVIII. Crumpt. 144. b.* 156.18 A man hath a Supplicavit of the Peace out of the Chancery, to bind A. B. to the Peace, and to certifie the Recognizance into Chancery without delay; now if A. B. be taken he shall be bound to the Peace for ever, for it is not contained that he shall bind him to the Peace until any certain time, but generally; therefore to prevent this A. B. before he is Attacht, must bind himself in the Chancery until a certain day, and have a Supersedeas into the Country to the Justices and Sheriff, to cease to com∣pel A. B. to find Surety on the said Writ of Supplicavit, Lamb. 112, 113.

XCIX. Crumpt. 145. § 5. One Justice of Peace cannot by Supersedeas dis∣charge a Precept of another Justice, awarded to find Surety of the Peace be∣fore that he is bound in fact, which see Crumpt. 138. b. § 9, 10. Lamb. 96. suprà 40.

C. Crumpt. 145. § 6. A Justice of Peace cannot Award a Supersedeas to appear at any other Sessions then is appointed by the other Justice, who hath bound him to the Peace before, to appear at a certain Sessions.

CI. Dalt. 160. cap. 67. Note also,* 156.19 The Surety for the Peace shall not be granted but where there is a fear of some present or future Danger, and not meerly for a Battery or Trespass that is past, or for any breach of the Peace that is past, for this Surety of the Peace is only for the Security of such as are in fear.

CII. Dalt. 161. cap 67.* 156.20 If the Justice of Peace shall perceive that this Surety for the Peace is demanded meerly of malice, or for vexation only,

without any just cause of fear; it seemeth he may safely deny it, as in com∣mon experience we find it, that where A. shall upon just Cause come and crave the Peace against B. and hath it granted; B. will likewise crave the Peace against A. and will perhaps surmise some Cause, but yet will be con∣tent to surcease so A. will relinquish against him, here the Justice shall do well, as I think not to be too forward in granting the Peace to B. yet if B. will not be perswaded but will take his Oath, that he is in fear, where in∣deed he neither doth fear, nor hath any cause, this Oath shall discharge the Justice, and the fault shall remain upon such Complainant.

* 156.21CIII. Dalt. 161. cap. 67. And when the Justice hath so granted the Peace to one that in the Justices judgment shall crave or require it only out of ma∣lice, or for vexation, the Justice may presently in good discretion bind him to the good behaviour that so required the Peace.

* 156.22CIV. Dalt. 176. cap. 71. But yet it is now holden, That neither the Ju∣stice of Peace, nor the Party can discharge the Recognizance of the Peace by their Release out of the Sessions, &c. and therefore notwithstanding that the Justice of Peace out of Sessions shall make, or take any Release of the Peace, yet it shall be safe for the Party bound to appear for the safe-guard of his Re∣cognizance, &c. Lamb. 110, 111.

* 156.23CV. Dalt. 185. cap. 73. And for this manner of Oppression (viz. by ob∣taining Supplicavits &c.) grew over Common, therefore by 21 Jac. 8. §. N. It is now Enacted, that all Process of the Peace or good Behaviour, to be Granted out of the Chancery, or B. R. against any Person whatsoever, at the Suit of any other shall be void, unless such Process shall be granted upon mo∣tion first made before the Judges of the same Court sitting in open Court, and upon Declaration in writing, upon Oath of the Causes for which such Pro∣cess shall be granted, and unless that such Motion and Declaration be men∣tioned, to be made upon the back of the Writ, the same writings to be there Entred of Record, and if after it shall appear to the said Courts, that the said Causes expressed in such writing be untrue, then the Court may award Costs and Damages to the Party grieved, and may also Commit to Prison the Of∣fenders until they pay the said Costs and Damages.

CVI. West Symb. 2. part 129. b. sect. 203. An Indictment of a Common Barretor.

Norff. ss.

INquiratur pro domino rege &c. si J. S. Nuper de C. in Com' N. Laborer est homo maloe Conversationis & Gubernationis, ac communis Barrator & pa∣cis Domini regis Perturbator.

Et quod idem J. S. apud C. predict' in Com' N. predict' custodit, tenet & oc∣cupat quandam Domum sive Tabernam non habent' usuale signum, aptè apposit' vul∣gariter dict' a blind Tavern.

Et quod primo die Junii &c. necnon diversis diebus & noctibus antea & po∣stea in eandem domum diversos homines maloe Conversationis, & suspect' venient' omnibus horis tam noctis quam diei recipit, & hospitatus est per quod vicini sui ac alii ligei populi dict' Domini Regis ibidem multipliciter vexantur inquietan∣tur & gravantur, & ministri Domini Regis propter pacis Conservationem, offi∣cia sua ibidem exercere & exequi prohibentur, & sepenumero in periculo Amis∣sionis vitoe & Loesionis Corporum suorum quotidie existunt.

Et quod J. uxor predict' J. S. est communis objurgatrix tam cum vicinis quam cum aliis ligeis dicti Domini Regis, per quod populi dicti Domini Regis multi∣pliciter molestantur, inquietantur & gravantur contra pacem dicti Domini Re∣gis &c.

Pedlers,

see Poor.

Penal Laws,

see Information.

Pensions,

see Poor.

Peers,

see Dignity.

Perjury,

see Oath.

Pety Larceny,

see Coron. Trespass.

Pety Constable,

see Constable.

Pety Sessions,

see Constable.

Pety Treason,

see Treason.

Pewter,

see Mettle.

(Physicians.)

I. LAmb. 3. cap. 4. pag. 368. Every Justice of Peace,* 157.1 that dwelling within Seven Miles of London, doth not upon request assist the Colledge of Physicians of London in the Execution of the Statute, 32 H. 8. 8. shall be punished as one that runneth in Contempt of the King, 1 Mar. 1. St. 2. cap. 9. § 6. N. 1.

Pictures,

see Religion.

Pillory,

see Coron. Imprisonment.

Pyracy,

see Admiral.

Playes,

see Games.

Plague,

see Poor.

Plaints,

see Information.

(Pleading.)

Demurrer, Traverse, General Issue, Proof.

I. LAmb. 4. cap. 13. pag. 531, 532. Some things be common to Peers and Commoners, for if the Party charged will Demur in Law up∣on the Evidence, the Justices ought to Record his Demurrer: so if he will plead in Jusitification any matter of Record that is before other Justices, they ought to give him day to bring it in, by Marrow.

II. Lamb. 532. But if the Prisoner plead a Pardon before them, in which certain Persons be excepted, and the Kings Attorney is not present to joyn Issue, that he which pleadeth it is one of those that be excepted, then they themselves may supply the Office of the Attorney in that behalf, 8 Ed. 4. 7.

III. Lamb. 533. This Liberty of Traverse is commonly restrained to Indictment of Trespasses, Contempts, Riots, &c. and other Inferior Offen∣ces within the Commission or Statutes Authorizing the Justices of Peace, and is not usually extended to Treasons or Felonies.

IV. Lamb. 533, 534. Mr. Brooke (in Traverse de Office, Br. 10.) noteth, That it is not much used to Traverse Indictments before Justices of the Peace; but rather to remove them in B. R. and to Traverse them there, howbeit common experience at this day can shew many Traverses before Justices of the Peace also, and there is no doubt, but as Justices of Peace have power to Award Process, and the Parties also have Liberty to speak for them∣selves, so having spoken, the Justices may hear and determine of their Speech, whether it touch them in Freehold or otherwise.

POOR

Vagabonds, Beggars, Worke-houses, Setlement, House of Correction, Wanderers, Removal, Labourers, Apprentice.

I CRompt. 184. b. He that hath not sufficient of his own to occupy shall be compelled to serve,* 157.2 F. N. B. 168

II. 23 Ed. 3. 7. Item,* 157.3 Because that many Valiant Beggers as long as they may live of Begging do refuse to labour, giving themselves to Idleness and Vice, and sometimes to Theft and other Abominations: None upon the said pain of Imprisonment, shall under the Colour of Pity or Alms, give any thing to such which may labour, or presume to favour them towards their desires: So that thereby they may be compelled to labour for their neces∣sary living, &c. 1 Ed. 6. 3. § N. 21 Jac. 28. § N.

III. 7 Rich. 2. 5. § 1. N. 2. And moreover it is ordained and assented to refrain the malice of divers people Flitors and wandering from place to place,* 157.4 running in the Country more abundantly than they were wont in times past, that from henceforth the Justices of Assises in their Sessions, The Justices of Peace, and the Sheriffs in every County, shall have power to enquire of all such Vagabonds and Flitors and of their offences, and upon them do that the Law demandeth, 39 Eliz. 4. § N. and 21 Jac. 28. § N.

IV. 7 Rich. 2. 5. § 1. N. 3. And that as well the Justices and Sheriffs,* 157.5 as the Mayors, Bayliffs, Constables, and other Governours of Towns, and places where such Flitors and Vagabonds shall come, shall from henceforth have power to Examine them diligently, and to compel them to find surety of their good abearing by sufficient mainpernours of such as be distrain∣able, if any default be found in such Flitors and Vagabonds, 39 Eliz. 4. § N. and 21 Jac. 28. § N.

V. 7 Rich. 2. 5. § 1. N. 4. And if they cannot find such surety,* 157.6 they shall be sent to the next Goal, there to abide till the coming of the Justices as∣signed for the deliverance of the Goals, who in such case shall have power, to do upon such Flitors and Vagabonds so Imprisoned, that thereof to them best shall seem by the Law, 39 Eliz. 4. § N. and 21 Jac. 28. § N. and 11 H. 7. 2.

VI. 12. Ric. 2. 7. Item,* 157.7 It is accorded and assented that of every per∣son that goeth Begging, and is able to serve or labour, it shall be done of him, as of him that departeth out of the hundred and other places aforesaid, without Testimonal as aforesaid, except people of Religion and Hermites having letters Testimonial of their Ordinaries, 1 Ed. 6. 3. § N. and 21 Jac. 28.

VII. 12 Rich. 2. 7. § 1. N. 2. And that the Beggers Impotent to serve,* 157.8 shall abide in the Cities and Towns where they be dwelling at the time of the Proclamation of this Statute, and if the people of Cities or other Towns, will not or may not suffice to find them, that then the said Beggers shall draw them to other Towns within the Hundred, Rape or Wapen-take: Or to the Towns where they were born, within forty days after the Procla∣mation made, and there shall continually abide during their Lives, 1 Ed. 6. 3. § N. 21 Jac. 28. § N.

VIII. 12 Ric. 2. 7. § 1. N. 3. And that of all them that go in Pilgrimage,* 157.9 as Beggers, and be able to travail, it shall be done as of the said Servants and Labourers, If they have no letters Testimonial of their Pilgrimage under the said Seals, 1 Ed. 6. 3. 21 Jac. 28.

* 157.10IX. 12 Ric. 2. 7. § 1. N. 4. And that the Scholars of the Universities that go so Begging have letters Testimonial of their Chancellor upon the same pain, 1 Ed. 6. 3. § N. and 21 Jac. 28. § N. 39 Eliz. 3. § N.

* 157.11X. 12 Rich. 2. 8. 8. Item, it is ordained and assented that they that fain themselves men travailed out of the Realm and there to be imprisoned, shall bring Letters Testimonial of the Captains where they were abiding, or of the Mayors or Bailiffs, where they arrived 21 Jac. 28. § N.

* 157.12XI. 12 Ric. 2. 8. § 1. N. 2. And the same Mayors and Bayliffs, shall en∣quire of such people where and with whom they have dwelled, and in what place their dwelling is in England: And that the same Mayors and Bayliffs make them Letters Patents under the Seal of their Office, testifying the day of their arrival, and also witnessing where they have been as they have said 21 Jac. 28. § N.

* 157.13XII. 12 Ric. 2. 8. § 1. N. 3. And that the Mayors and Baliffs, cause them to Swear, that they shall hold their right way towards their Journy, except they have Letters Patents under the Kings Great Seal to do otherwise, 21 Jac. 28.

* 157.14XIII. 12 Ric. 2. 8. § 1. N. 4. And if any such travailed man be found without such Letter, as afore is said, it shall be done of him as of the said Servants and Labourers; and also this Ordinance shall be intended of men travailed that go begging through the Country after their arrival, 21 Jac. 2. 8. § N.

* 157.15XIV. 15 Ric. 2. 6. § 1. N. 2. It is agreed and assented that in every Li∣cence from henceforth to be made in the Chancery, of the Appropriation of any Parish Church, it shall be expresly contained and comprised, that the Dioce∣san of the place upon the Appropriation of such Churches, shall ordain accord∣ing to the value of such Churches, a convenient sum of mony to be paid and distributed yearly of the fruits and profits of the same Churches, by those that will have the said Churches in proper use, and by their Successors, to the Poor Parishioners of the said Churches, in aid of their living and sust∣enance for ever.

* 157.16XV. 2 H. 5. 1. § 1. N. 2. The King, &c. hath, &c. ordained and e∣stablished that as to the Hospitals which be of the Patronage and Founda∣tion of the King, the Ordinaries by vertue of the Kings Commissions to them directed, shall enquire of the manner and foundation of the said Hos∣pitals, and of the Governants and Estate of the same, and of all other matters necessary and requisite in this behalf, and the Inquisitions thereof taken shall certifie in the Kings Chancery,

* 157.17XVI. 2 H. 5. 1. § 1. N. 3. And as to other Hospitals, which be of another Foundation and Patronage, than of the King, and Ordinaries shall inquire of the manner of the Foundation, Estate and Governance of the same, and of all other matters and things necessary in this behalf, and upon that make thereof correction and reformation according to the Laws of Holy Church, as to them belongeth.

* 157.18XVII. 11 H. 7. 2. Forasmuch as the Kings Grace most intirely desireth a∣mong all earthly things the prosperity and restfulness of this his land, and his Subjects of the same to live quietly and surely, to the Pleasure of God, and according to the Laws, willing always of his Pity, intending to reduce them thereto by softer means than by such extream Rigor, therefore provid∣ed in a Statue made in the time of Ric. 2. (viz. 7 R. 25.) considering also the great charges that should grow to his Subjects, for bringing of Vagabonds to the Goals, according to the same Statute, and the long abiding of them therein, whereby by likelyhood many of them should loose their lives, 19 H. 7. 12.

* 157.19XVIII. 11 H. 7. 2. § 1. N. 3. In moderating of the said Statute (viz. 7. R. 2.

5. § 1. N. 4.) his Highness will by the Authority of this present Parlia∣ment, it be ordained and enacted, that where such misdoers should be by Examination Committed to the Common Goal, there to remain as is afore∣said, that the Sheriffs, Mayors, Baliffs, high Constables, and pety Constables, and all other Governours and Officers of Cites, Boroughs, Towns, Town∣ships, Villages, and other places within three days after this act Proclaimed, make due search, and take, or cause to be taken, all such Vagabonds, idle and suspect persons living suspitiously, and them so taken to set in Stocks, there to remain by the space of three days, and three nights, and there to have none other sustenance but bread and water, 21 Jac. 28. § N. and 19 H. 7. 1. 2. § 1. N. 2.

XIX. 11 H. 7. 2. § 1. N. 3. And after the said three days, and three nights,* 157.20 to be had out and set at large, and then to be commanded to avoid the Town, and if Eftsoons he be taken in such default in the same Town or Township, then to be set in likewise in the Stocks by the space of six days, with like dyet as is afore rehearsed, 19 H. 7. 12. § 1. N. 5.

XX. 11 H. 7. 2. § 1. N. 4. And if any person or persons,* 157.21 give any o∣ther meat or drink to the said misdoers, being in the Stocks, in form aforesaid, or the same Prisoners favour in their misdoing, that then they forfeit for e∣very time so doing twelve pence, 19 H. 7. 12. § 1. N. 6.

XXI. 11 H. 7. 2. § 1. N. 5. And also it is ordained,* 157.22 &c. That all manner of Beggars not able to work within six Weaks after the Proclamation made of this Act, go, rest and abide in that Hundred where last he dwelled, or there where he is best known or born there to remain or abide without beg∣ging out of the said Hundred upon, pain to be punished as is aforesaid, 19 H. 7. 12. § 1. N. 5.

XXII. 11 H. 7. 2. § 1. N. 8. And that no man be excused by that he is a Clerk of one University or of other,* 157.23 without he shew the Letters of the Chancellor of the University, from whence, he saith, he cometh: nor none other, calling himself a Souldier, Shipman or Travelling man, without he bring a Letter from his Captain, or from the Town where he landed, and that he then be commanded to go the straight High-way into his Country, 19 H. 7. 12. § 1. N. 6.

XXIII. 11 H. 7. 2. § 1. N. 9. And over this, it is ordained,* 157.24 &c. that if any Sheriff, or other Officer afore rehearsed, execute not the premises, as is abovesaid, of every Vagabond, Hermite, or Beggar able to labour, or Clerk, Pilgrim, or Shipman, as oft as any such cometh in his sight, or that he hath thereof knowledg, within the Town where he hath authority, rule, and governance, that as oft as any such of the said Misdoers, abiding thereby the space of a day, depart unexamined, and unpunished, as is abovesaid, for every misdoer so departed he to lose 12. d. 19 H. 7. 12. § 1. N. 7.

XXIV. 11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet with∣in this Realm, and the Sheriff in his Tourn,* 157.25 have Authority to enquire there∣of in his Leet and Tourn; and the Lord of the Leet to have for every de∣fault found, as is abovesaid, 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own, and to have 1 s. 8 d. for every such default found in his Tourn, 19 H. 7. 12. § 1. N. 11.

XXV. 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordi∣nance be forfeited by any Officer, or any other person,* 157.26 for non punishment of Vagabonds, and other misruled persons, within every City, where May∣or and Aldermen be, that the profit of every such penalty be unto the Al∣derman of that Ward, where such forfeiture is had or made, to his own pro∣fit, 19 H. 7. 12. § 1. N. 12.

XXVI. 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted,* 157.27 &c. that it shall be lawful to every man intituled to have the penalty, to distrain

for it, in like wise, as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet, 19 H. 7. 12. § 1 N. 13.

* 157.28XXVII. 11 H. 7. 2. § 1. N, 14. Provided always that deminution of pu∣nishment of Vagabonds and Beggars aforesaid may and shall be had for wo∣men great with Child, and men and women in extream Sickness by him that hath authority to do the said punishment, 19 H. 7. 12. § 1. N. 17.

* 157.29XXVIII. 22 H. 8. 10. For as much as before this time divers and many outlandish people, calling themselves Aegyptians, using no Craft nor Feat of Merchandise, have come into this Realm, and gone from Shire to Shire, and place to place in great Company, and used great subtlety and crafty means to decline the people, bearing them in hand, that they by Palmestry could tell Mens and Womens fortunes, and so many times by Craft and Subtlety have deceived the people of their mony, and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among, 1 & 2 Ph. & Mar. 4.

* 157.30XXIX. 22 H. 8. 10 § 2. N. 1. Be it therefore, &c. ordained, &c. that from henceforth no such person be suffered to come within this the Kings Realm, and if they do, then they and every of them so doing, shall forfeit to the King, &c. all their Goods and Chattels, and then to be commanded to avoid the Realm, within fifteen dayes next after the commandment, upon pain of im∣prisonment, 39 Eliz. 3. § N. Lamb. 437.

* 157.31XXX. 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff, Justice of Peace, and Escheator, to seize to the use of our Sovereign Lord, his Heirs and Successors, all such goods, as they or any of them shall have, and thereof to make account to our said Sovereign Lord in his Exchequer.

* 157.32XXXI. 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm, any Muder, Robbery or any other Felony, and thereof be Indicted and Arraigned, and to plead not Guilty, or any other plea tryable by the County, that then the Enquest that shall pass between the King and any such party, shall be altogether of English-men, albeit that the party so indicted pray medietatem Linguae, according to the Statute, Anno 8 H. 6. (viz. 8 H. 6. 29. § N.) or of any other Statute thereof made.

* 157.33XXXII. 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians, now being in this Realm, have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made, upon pain of Im∣prisonment and forfeiture of their goods and Chattels, and if they then so depart, that then they shall not forfeit their Goods nor any part thereof, this present Statute notwithstanding.

* 157.34XXXIII. 22 H. 8. 10. § 4. N. 1. Provided always that every such per∣son or persons, which can prove by two Credible persons before the same party, that seizeth such Mony, Goods, or Chattels of the same Aegyptians, that any part of the same Goods, Mony or Chattles, were craftily or Felo∣niously taken or stolen from him, shall be incontinently restored unto the same Goods, Mony or Chattels, whereof he maketh such proof before the same party, that so seizeth the same Mony, Goods or Chattels, upon pain to forfeit to the same party that maketh such proof, the double value of the same by action of debt, bill or otherwise, in any of the Kings Courts, to be sued, upon which action and suit he shall not be admitted to wage his Law, nor any protection or Essoin to be allowed, any thing in this Act to the Con∣trary notwithstanding.

* 157.35XXXIV. 22 H. 8. 10. § 5. N. 1. Provided always and be it further En∣acted, that if any Justice of Peace, Sheriff or Escheator, which by Authori∣ty of this Act have power to take or seize any Goods or Chattells, of any Aegyptians, at any time hereafter do seize or take the Goods or Chattels of

any such Aegyptians, that then every such Justice, Sheriff or Escheator, do∣ing the same, shall have, keep, and retain to his own use the moity of all such Goods, so by him seized, and of the other moity so by him taken or seized shall make answer and accompt to the King, in his Exchequer, accord∣ing to the tenor of this present act, any thing in the same act contained to the contrary hereof, notwithstanding, and that upon any account hereafter to be made for the said other moity, of the same Goods, the accountant shall pay no manner of fees, or other charges, for his account or discharge, to be had in the Kings Exchequer, nor elsewhere.

XXXV. Lambert 2 Cap. 7. pag. 195. 196.* 157.36 Every Justice of the Peace may, (within one month after the arrival,) seize all the Goods of any Out∣landish persons, calling themselves Aegyptians, that shall come into this Realm, and may also keep the one moity thereof to his own use, making ac∣count to the King in the Exchequer, for the other moity: And every person that can prove by two Credible Witnessess before him, that so seizeth, that any of those Goods were craftily or feloniously taken from him, shall be incon∣tinently restored thereto, before the party that so seizeth them, upon pain of the double value thereof to be forfeited to such Prover, 22 H. 8. 10. § But note that after the Month, the offence is made Felony, and then it seemeth the King is to have the Goods wholly, 1 & 2 Ph. & Mar. 4. § N.

XXXVI. Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use, the one moity of all strangers Goods,* 157.37 calling themselves Aegyptians, that he shall lawfully seize by vertue of this Sta∣tute, 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13.

XXXVII. Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians,* 157.38 and doth not Incontinently restore such part thereof, as shall be proved before him to have been Craftily or Feloniously taken, shall forfeit the double thereof to such Provers, 22 H. 8. 10. § 4. N. 1.

XXXVIII. Crompt 129. § 32. If any Outlandish Person, naming him∣self an Aegyptian, or any such stranger commits any Murder,* 157.39 Felony or Robbery, and upon his Arraignment, pleads not Guilty, or any other plea tryable by the Country, the Enquest in this Case shall be all of English, 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony, for continuance within this Realm by the space of a month, Contrary to 1 & 2 Ph. & Mar. 4. § N. and 5 Eliz. 20.

XXXIX. 22 H. 8. 12. Where in all places throughout this Realm of Eng∣land, Vagabonds and Beggars, have of long time increased,* 157.40 and daily do increase in Great and Excessive Numbers, by the occasion of Idleness, the Mo∣ther and Root of all Vices, whereby hath Insurged and sprung, and daily Insurgeth and springeth continual Thefts, Murders and other sundry hainous Offences and great Enormities, to the high displeasure of God, the inquieta∣tion and dammage of the Kings people, and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1.

XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws, strict Statutes and Ordinances, have been before this time devised and made,* 157.41 as well by the King our Soveraign Lord, as also by divers his most noble Progenitors Kings of England, for the most necessary and due reformation of the premises, yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished, but rather daily augment∣ed and increased into great Routs and Companies, as evidently and mani∣festly it doth and may appear.

XLI. 22 H. 8. 12. § 1. N. 3. Be it therefore enacted,* 157.42 &c. That the Justi∣ces of the Peace, of all and singular the Shires of England within the limits

of their Commissions, and all other Justices of Peace, Mayors, Sheriffs, Bai∣liffs and other Officers, of all and every City, Borough, Riding or Franchis whereof they be Justices of Peace, Mayors, Sheriffs, Bailiffs or Officers, and so being divided, shall make diligent search and enquiries of all Aged Poor and impotent Persons which live, or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred, Rape, Wapentake, City, Borough, Parish, Liber∣ty or Franchis within the limits of their Division, and after and upon such search made, the said Justices of Peace, Mayors, Sheriffs, Bailiffs and other Officers, that is to say every of them within their limits of their Au∣thorities whereunto they be divided, shall have Power and Authority by their Discretions, to enable to beg within such Hundred, Rape, Wapentake, City, Town, Parish or other Limits as they shall appoint such of the said Im∣potent persons which they shall find and think most convenient within the limits of their Division, to live of the Charity and Alms of the People, and to give in Commandment to every such Aged and Impotent Beggar by them enabled, that none of them shall beg without the limits to them so ap∣pointed.

* 157.43XLII. 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed, in a Bill or Roll Indented, the one part thereof to remain with themselves, and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had, to be holden without the said Shires, Cities, Towns or Franchises, there to remain under the keeping of the Custos Rotulorum.

* 157.44XLIII. 22 H. 8. 12. §. 1. N. 5. And that the said Justices of Peace, Mayors, Sheriffs, Bailiffs and other Officers, that is to say, as they be divi∣ded, shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds, Rapes, Wapentakes, Cities, Boroughs, Towns or places within the which they shall appoint and limit every such Impotent Person to beg, and commit the said Seals to the custody of such of them, or to the custody of such other as they shall think convenient.

* 157.45XLIV. 22 H. 8. 12. §. 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg, a Letter containing the name of such Impotent Person, and witnessing that he is Authorized to beg, and the limits within which he is appointed to beg.

* 157.46XLV. 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in, and to be subscribed with the name of one of the said Justices or Officers abovesaid.

* 157.47XLVI. 22 H. 8. 12. §. 1. N. 8. And if any such Impotent Person so authorized to beg, do beg in any other place than within such limits that he shall be assigned unto, that then the Justices of Peace, Mayors, Sheriffs, Bailiffs, Constables, and all other the Kings Officers and Ministers, shall by their discretions punish all such persons by Imprisonment in the Stocks, by the space of two days and two nights, giving them but only bread and water, and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred, Rape, Wapentake, City, Borough, Town, Pa∣rish or Franchis where they be Authorised to beg in.

* 157.48XLVII. 22 H. 8. 12. §. 2. N 1. And it is Enacted, that no such Impotent Person as is abovesaid, after the Feast of the Nativity of St. John Baptist next coming, shall beg within any part of this Realm, except he be Authorized by Writing under Seal, as is abovesaid; and if any such Impotent Person af∣ter the Feast of St. John, be Vagrant and go a begging, having no such Let∣ter under Seal, as is above specified, that then the Constables and all other In∣habitants within such Town or Parish, where such person shall beg, shall

cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred.

XLVIII. 22 H. 8. 12. § 2. N. 2.* 157.49 And thereupon the said Justice of Peace or high Constable, shall command the said Constables, and other Inhabi∣tants of the Town or Parish, which shall bring before him any such Begger, that they shall strip him naked, from the middle upward, and cause him to be whipped within the Town, where he was taken, or within some other Town, where the same Justice or high Constable shall appoint, if it shall seem to the discretion of the said Justice of Peace, or high Constable, that it be convenient so to punish such Beggers to him brought.

XLIX. 22 H. 8. 12. § 2. N. 3. And if not,* 157.50 then to command such Beg∣ger to be set in the Stocks in the same Town or Parish where he was taken, by the space of three days and three nights, there to have only bread and water.

L. 22 H. 8. 12. § 2. N. 4.* 157.51 And thereupon the said Justice or high Con∣stable, afore whom such Begger shall be brought, shall limit to him a place to beg in, and give him a Letter under Seal, in form above remembred, and swear him to depart, and repair thither immediatly after his punishment to him executed.

LI. 22 H. 8. 12 § 3. N. 1. And be it further Enacted,* 157.52 &c. That if any person, &c. Being hole and mighty in Body, and able to labour, at any time after the said Feast of Saint John, be taken in Begging in any part of this Realm, or if any Man or Woman, being hole and mighty in Body, and able to labour, having no Land, Master, nor using any lawful Merchandize, Craft or Mystery, whereby he might get his living, after the same Feast be Vagrant, and can give no reckning how he doth lawfully get his living, that then it shall be lawful to the Constables, and all other the Kings Offi∣cers, Ministers and Subjects, of every Town, Parish and Hamlet, to Ar∣rest the said Vagabonds and Idle persons, and them bring to any of the Justi∣ces of the Peace, of the same Shire or Liberty, or else to the high Constable of the hundred, Rape or Wapentake, within which such persons shall be taken, and if he be taken within any City or Town Corporate, then to be brought before the Mayor, Sheriff or Bailiff, of every such Town Cor∣porate.

LII. 22 H. 8. 12. § 3. N. 2. And that every such Justice of Peace,* 157.53 high Constable, Mayors, Sheriffs and Bailiffs, by their discretions shall cause every such Idle person, so to him brought, to be had to the next Market Town, or other place where the said Justice of Peace, high Constable, Mayors, Bayliffs, and other Officers shall think most convenient by his or their discretions, and there to be tyed to the end of a Cart naked, and be beaten with Whips throughout the same Market Town, or other place, till his body be bloody, by reason of such Whipping.

LIII. 22 H. 8. 12. § 3. N. 3.* 157.54 And after such punishment and whipping had, the person so punished by the discretion of the Justice of Peace, high Constable, Mayor, Sheriffs, Bailiffs, and other Officers afore whom such persons shall be brought, shall be enjoyned upon his Oath to return forth∣with without delay in the next and strait way, to the place where he was born, or where he last dwelled before the same punishment by the space of three years, and there to put himself to labour, like as a true man ought to do.

LIV. 22 H. 8. 12. § 3. N. 4. And after that done,* 157.55 every such person so punished and ordered, shall have a Letter Sealed with the Seal of the Hun∣dred, Rape Wapentake, City, Borough, Town, Liberty, or Franchis, wherein he shall be punished, Witnessing that he hath been punished accord∣ing to this Statute, and containing the day and place of his punishment,

and the place whereunto he is limited to go, and by what time he is limited to come thither, within which time, he may lawfully Beg by the way, shew∣ing the same Letter, and otherwise not.

* 157.56LV. 22 H. 8. 12. § 3. N. 5. And if he do not accomplish the order to him appointed by the said Letter, then to be Eftsoons taken and whipped, and so as often as any default shall be found in him contrary to the order of this Statute, in every place to be taken and whipped till he be repaired where he was born, or where he last dwelled by the space of three years, and there put his body to labour for his living, or otherwise truly get his living with∣out begging, as long as he is able so to do.

* 157.57LVI. 22 H. 8. 12. § 3. N. 6. And if the person so whipped, be an Idle per∣son, and no common Begger, then after such whipping he shall be kept in the Stocks till he hath found surety to go to service or else to labour, after the discretion of the said Justice of Peace, Mayors, Sheriffs, Bailiffs, High-Constables, or other such Officers, afore whom any such Idle person, being no common Begger shall be brought, if by the discretion of the same Justice of Peace, Mayor, Sheriff, Bailiff, High-Constable, or other such head Of∣ficer, it be so thought Convenient, and that the party so punished be able to find surety, or else to be ordered and sworn to repair to the place where he was born, or where he last dwelled by the space of three years, and to have like Letter, and such further punishment, if he Eftsoons offend this Statute, as is above appointed to, and for the Common strong and able Beg∣gers, and so from time to time to be ordered and punished, till he put his body to labour, or otherwise get his living truly according to the Law.

* 157.58LVII. 22 H. 8. 12. § 3. N. 7. And that the Justices of Peace of every Shire, Riding, City, Town and Liberty, shall have power and Authority within the limits of their Commissions, to enquire of all Mayors, Bailiffs, Con∣stables, and other Officers, and persons that shall be negligent in Executing this Act.

* 157.59LVIII. 22 H. 8. 12. § 4. N. 1. And if the Constables and Inhabitants, within any Town and Parish where any such impotent person, or strong Begger doth happen to Beg, contrary to the form of this Statute, be negli∣gent and take not every such impotent and strong Begger, that so shall Beg, against the form of this Statute, and order and punish every such Beg∣ger, as is above limited, that then the Township, or Parish, where such de∣fault shall be, shall lose and forfeit for every such impotent Begger that shall be suffered to beg within the said same Township, or Parish, not being taken, ordered and punished according to the form of this Statute, 3 s. 4 d. and for every strong Begger that shall happen to beg within any such Township, or Parish, not being taken, and ordered as is above limited by this Statute, 6 s. 8 d. the one half of all which forfeitures to be to the King, &c. And the other half to him that will sue for the same, by any Bill of Information, before the Kings Justices of his Peace, in their General Sessions to be holden in the Shire, or within any Liberty where such default shall happen.

* 157.60LIX. 22 H. 8. 12. § 5. N. 1. And that all Justices of Peace, within any Shire, City, Borough or Liberty, shall have full power and authority, as well to hear and determine every such default by presentment, as by such bill of Information, and upon every presentment afore them, and upon every such Bill of Information, to make proces by distress against the Inhabitants of every such Town and Parish, where any default shall be presented or supposed by any such Information.

* 157.61LX. 22 H. 8. 12. § 5. N. 2. By Authority of which distress, the Sheriff or other Officer, to whom by the Law such distress shall be made, shall di∣strain the Goods and Chattels of such, one or two of the said Inhabitants

as he may have knowledge, were most negligent and in default in the Ex∣ecution of this Act, and the said distress retain till they find surety to appear at the Sessions limited in the said distress.

LXI. 22 H. 8. 12. § 5. N. 3. And in case they appear and Confess the default, or else if they traverse the Presentment,* 157.62 and it be tryed against them by Verdict, or deny the Information, and it be proved against them by sufficient Witnesses, then the said Justices of Peace in their Sessions shall have Authority to assesse the Fines as been above limited, after the rates a∣bovesaid, and to make process for the leving of the same by distress of the Inhabitants of such Towns or Parishes, where such default shall be tryed or proved.

LXII. 22 H. 8. 12. § 5. N. 4. And that Every such fine,* 157.63 if it grow by pre∣sentment, to be only to the Kings use; and if it grow by Information, then the moity thereof to be to him, that persueth the Information for the same, and the other moity thereof to the Kings use, as is aforesaid.

LXIII. 22 H. 8. 12. § 5. N. 5. And if any such person,* 157.64 or persons di∣strained, appear not at the day and place contained in such distress, then up∣on the return of the Sheriff, or other Officers to whom the distress was de∣livered to execute, that such person or persons were distrained, then every such person, &c. so destrained at the first distress, shall lose 3 s. 4 d. and at the second 6 s. 8 d. and so to be doubled upon every distress, in such cases to be awarded, till appearance may be had by one of the Inhabitants of such Town, or Parish, to deny, traverse or Confess the Presentment or Infor∣mation exhibited against any such Town, or Parish, to the intent that upon tryal or proof thereof, the Fines above limited may be assessed and levyed of the Inhabitants of every such Town, or Parish, as is above rehearsed.

LXIV. 22 H. 8. 12. § 6. N. 1. And be it enacted,* 157.65 &c. That Scholars of the Universities of Oxford, and Cambridge, that go about Begging, not being Authorised under the Seal of the said Universities, by the Commissary, Chan∣cellor or Vice-Chancellor of the same, and all and singular the men pre∣tending losses of their Ships and Goods of the Sea, going about the Coun∣try begging, without sufficent authority witnessing the same, shall be pu∣nished and ordered in manner and form as is above rehearsed of strong Beg∣gars.

LXV. 22 H. 8 12. § 6. N. 2.* 157.66 And that all Proctors and Pardoners go∣ing about in the Country, &c. without sufficent Authority, and all other idle persons going about in any Country, or abiding in any City, Borough or Town, some of them using divers and subtile Crafts and unlawful Games and Plays, and some of them feigning themselves to have knowledge in Phy∣sick, Phisnomy, Palmistry, or other crafty sciences, whereby they bear the people in hand, that they can tell their Destinies, Deceases, and Fortunes, and such other like fantastical imaginations, to the great discredit of the Kings sub∣jects: shall upon examination had before two Justices of the Peace, where∣of the one shall be of the Quorum, if he by probable Witness be found Guil∣ty of any such deceits, be punished by whipping at two days together, after the manner▪ before rehearsed, 14 Eliz. 5. § 5. N. 3.

LXVI. 22 H. 8. 12. § 6. N. 3. And if he Eftsoons offend in the said of∣fence, or any like offence, to be scourged two days,* 157.67 and the third day to be put upon the Pillory from 9 of the Clock till a 11 before noon, of the same day, and to have one of his ears Cut off.

LXVII. 22 H. 8. 12. § 6. N. 4. And if he offend the third time,* 157.68 to have like punishment with whipping, standing on the Pillory, and to have his o∣ther ear cut off.

LXVIII. 22 H. 8. 12. § 6. N. 5. And that Justices of the Peace,* 157.69 have like

Authority in every Liberty and Franchis, within their Shires, where they be Justices of Peace, for the Execution of this Act, in every part thereof as they shall have without the Liberty or Franchis.

* 157.70LXIX. 22 H. 8. 12. § 7. N. 1. And it is further Enacted, that this Act shall yearly be read in the open Sessions, to the intent that the said Estatute shall be the more feared, and the better put in Execution.

* 157.71LXX. 22 H. 8. 12. § 8. N. 1. And further more be it Enacted that if any person or persons, at any time hereafter give any Harbor, Mony or Lodging to any Beggers being strong and able in their bodies to work, which order themselves Contrary to the form of this Estatute, that every such person so doing, being sufficiently proved or presented afore any Justices of the Peace, shall make such fine to the King as by the discretion of the said Justices of Peace at their general Sessions shall be assessed.

* 157.72LXXI. 22 H. 8. 12. § 8. N. 2. And if any person, &c. do disturbe or let the Execution of this Act in any manner, wise, or make rescous against a∣ny Mayor, Sheriff, Baliff, or other person that shall endeavour himself for the due Execution thereof, its then enacted that every such person, &c. for every such offence doing shall lose and forfeit, 100 s. and over that to have imprisonment at the Kings will, the one moity of which forfeiture if such offence be Committed in any City or Town Corporate, to be to the Mayor Sheriff, Bailiff, or other head Officer, of such City or Town Corporate, where any such Offence shall be done to the use of the Commonalty of e∣very such City and Town Corporate, and if it be Commited out of a City or Town Corporate, then the said one half to be to the Lord of the Leet, or Law days, where such offence shall be done, and the other half of every such forfeiture to be to the King, &c. for the which forfeiture of 5 l. recovery shall be had by action of Debt, Bill, Plaint or Information, in any of the Kings Courts, in which suits the defendants shall not wage their Law, nor have any Essoin or Protection allowed.

* 157.73LXXII. 22 H. 8. 12. § 9. N. 1. Provided always that this Act nor any thing therein contained, shall be hurtful or prejudicial to the Barons, or other Inhabitants of the Five Ports or of their Members, neither to any Grant Liberty or Franchis heretofore made by the King, &c. Or any his Progeni∣tors, Kings of England, to the said Barons, or other Inhabitants, their An∣cestors or Predecessors or any of them.

* 157.74LXXIII. 22 H. 8. 12. § 9. N. 2. And that it be Enacted, &c. that all and every Mayor and Mayors, and Bailiff and Bailiffs, Electife and Elected by the Commons and Inhabitants of every Town and place, of the said Ports and Members, shall have like Authority, within every such Town and place where they, or any of them be or shall be Mayor or Baliff or Jurate, to put or cause to be put this Act in due Execution, as the Justices of Peace, in any County of this Realm, have or shall have Authority and power by this Act, to do where they be Justices.

* 157.75LXXIV. 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports, shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain, as is a∣bove remembred.

* 157.76LXXV. 22 H. 8. 12. § 9. N. 4. And if any person, &c. which shall In∣habit within the said Five Ports or Members, be impotent, or other Idle per∣son do hereafter begg without the said Five Ports or Members of the same, Contrary to this Act, that then every such person shall be ordered and pu∣nished according to this Act, any thing in this Proviso to the contrary not∣withstanding.

* 157.77LXXVI. 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted, that the Seals above rehearsed shall be made at the costs and charges, of the Justices of

Peace, Mayors, Sheriffs, Bailiffs, and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing, that is to say, that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority.

LXXVII. 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act,* 157.78 whereby any Impo∣tent Begger shall be authorized and assigned to beg, shall be made in this form ensuing.

LXXVIII. 22 H. 8. 12. § 12. N. 1. Kanc' ss. Memorandum that A. B. of Dale,* 157.79 for reasonable considerations is Licensed to beg within the Hun∣dred of P. K. and L. in the said County, given under the Seal of that limit, tali die & anno.

LXXIX. 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond,* 157.80 after he hath been Whipped by Authority of this Act, shall be made in this wise following.

LXXX. 22 H. 8. 12. § 14. N. 1. Kanc' ss. I. S. Whipped for a Vagrant,* 157.81 strange Begger, at Dale in the said County, according to the Law, 22 day of July, in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex, where he saith he was born, or where he last dwelled by the time of three years, and he is limited to be there within fourteen days next ensuing, at his peril, or within such number of days as to him shall be limited by the discretion of the maker of the said Letter, in Witness whereof the Seal of the limit of the said place of his punishment, hereunto is set, 39 Eliz. 4. § N.

LXXXI. 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Let∣ter shall be made at the equal costs of such the said Justices, Mayors, Sheriffs,* 157.82 Bailiffs or other Officers within whose Jurisdiction, Powers, and Authori∣ties, the said Begger and Vagabond shall be whipped, or limited to beg in by Authority of this Act, and every such Letter shall be subscribed with the hand of one of the said Justices, Mayors, Sheriffs, Baliffs, or other Of∣ficers in this form following, per me A. B. unum Justiciariorum pacis, or Majorem Civitatis, or Ballivum villae, or Constabularium talis hundredi, or else in like form in English.

LXXXII. 22 H. 8. 12. § 16. N. 1. And it is further Enacted,* 157.83 that every such person, &c. As have the Custody of any Goals, within any Shire, City, Borough or Town, Corporate on this side the Feast of Saint John the Baptist, shall do make a Seal engraven with the name of the Castle, Prison or Goal, which he keepeth.

LXXXIII. 22 H. 8. 12. § 16. N. 2. And in Case any person,* 157.84 &c. That at any time after the said Feast of Saint John, shall be delivered out of any Goal or Prison, for suspitions of Felony, by Proclamation, or be acquit of any Felony, and hath no friends to pay his fees, nor was born within the Hundred or place where he shall happen to be so delivered, nor can get him no Master, there to abide and work with, shall have liberty to beg for his fees, by the License of his Keeper, by the space of six Weeks next after such deliverance, and after that to be compelled to go to the Hundred where he was born, or last dwelled, by the space of three years, within such time as shall be limited by one of the Justices of Peace, Mayors, Seriffs, Bailiffs, or any Officers where such deliverance shall be had 27 H. 8. 25. (26) § 6.

LXXXIV. 22 H. 8. 12. § 17. N. 1. And it is enacted that every such per∣son so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire, within the which he was delivered,* 157.85 if he be delivered in the Shire, and if he be delivered in any City, Borough or Town Cor∣porate, then he to have a Letter of the Common Clerk of every such City,

Borough or Town where he is delivered, every such Letter witnessing the day of his deliverance, and the place where he was delivered, and a∣fore whom, and the time appointed to him to beg for his fees, and the place to which he shall be assigned to repair unto, in case he can get no Master to fall to Work, where he was delivered, and to every such Let∣ter the said Goaler or Keeper of Prison, out of the which such person shall be delivered, shall put the Seal limited to be made as is aforesaid for the said Prison, and that every such Letter shall be made in this wise fol∣lowing.

* 157.86LXXXV. 22 H. 8. 12. § 18. N. 1. Essex' ss. the 20 day of July, Anno Regni Regis, H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County, at the Sessions holden afore A. B. and his Fel∣lows at Sale, the day and year aforesaid, and is allowed to beg for his fees by the space of six Weeks, and in case he can get no Master to work with in the said term, then he is assigned to pass directly to Dale, in the County of Kent, where he saith he was born, or last dwelled for the space of three years, and he is allowed fourteen days next after the said six weeks for his passage thither, or such number of days as to him shall be limited by the discretion of the maker of the said Letter, in witness whereof the Seal of the Prison from which he was delivered thereunto is set, and in such Shires where their is no Goal, the Sheriff thereof for the time being, shall cause a Seal to be Engraven with the name of the Shire, and shall order and use the same Seal to and from such persons delivered, as is aforesaid, after like manner and form, as the Goaler or Keeper of the Goal, is limited and ap∣pointed to do by this act, 27 H. 8. 25. (26) § 6.

* 157.87LXXXVI. 22 H. 8. 12. § 19. N. 1. And it is also Enacted, that every Clerk of the Peace of the Shire, within the which such person shall be delivered, and every Common Clerk of every City, Borough or Town Corporate, within the which any such person shall be delivered, shall make for every such person as shall be so delivered, where they be such Officers, the said Letter in form abovesaid, without any fee taking for the same, and shall deliver every such Letter to the Goaler or Keeper of the Prison, from the which such person shall be delivered: And if there be no Goaler there, then to the Sheriff of the Shire, where such deliverance shall be had within one day next after the end of the Sessions, where any such deliverance is had, upon pain to lose and forfeit for default of every Letter, 12 d. to the King our Soveraign Lord.

* 157.88LXXXVII. 22 H. 8. 12. § 19. N. 2. And that the Goaler or Keeper of the Prison, from the which the said person shall be so delivered, and in case there be no Goaler, then the Sheriff of the Shire, where any such deliver∣ance shall be had, shall not suffer any such person to go abroad to beg for his fees, nor depart out of Prison, except it be to service, or labour, unless the same Goaler or Sheriff, first deliver to the said person, the said Letter, con∣taining his Name, Sealed with the Seal of the Prison, from the which he shall be delivered, or else with the Seal Engraved with the Name of the Shire, if there be no Prison, upon pain for every default to lose 12 d. to our said Soveraign Lord.

* 157.89LXXXVIII. 22 H. 8. 12. § 20. N. 1. And it is Enacted, that if any per∣son, &c. So being delivered out of Prison, at any time after the said Feast do beg, not having the said Letter Sealed, in form abovesaid, or beg con∣trary to the Tenor of the same Letter, that then he shall be taken, ordered and whipped in every behalf, like as is above appointed for strong Beggers, and that to be done, and executed by such as is above limited to do the same upon strong Beggers, and in such wise and upon such pain as is afore li∣mited for Non-Execution of the punishment of strong Beggers.

LXXXIX. 22 H. 8. 12. § 21. N. 1.* 157.90 Provided alway that it be lawful to every person, &c. Being bounden by reason of any Foundation, or Or∣dinance, to give or distribute any Mony in Alms, and also to every person, &c. At Common Doles used at Burials or Obiits, to give and dispose in Alms, any Mony to every person, &c. Coming to such Alms or Doles, af∣ter like manner and form, as they have been accustomed to do in that be∣half afore the making of this Act, without any danger or penalty of this Estatute, any thing contained in this present Estatute to the contrary hereof notwithstanding.

XC. 22 H. 8. 12. § 22. N. 1. Provided also that it be lawful to all Mast∣ers and Governors of Hospitals,* 157.91 to lodge and Harbor any person or Per∣sons, of Charity, or Alms according to the Foundation of such Hospitals, and to give Mony in Alms in as large manner and form as they are bound∣en or own to do, any thing in this Statute to the Contrary hereof notwith∣standing.

XCI. 22 H. 8. 12. § 22. N. 2. And this Act to endure unto the last day of the next Parliament, 35 Eliz. 7. § 25. N. 1.* 157.92

XCII. 23 H. 8. 15. § 2. N. 1.* 157.93 Provided always that all and every such poor person, &c. being Plaintiff, &c. in any of the said Actions, Bills, or Plaints, which at the Commencement of their Suits or Actions, be admit∣ted by discretion of the Judge, &c. Where such Suits or Actions shall be persued or taken to have their process and Counsel of Charity, without any Mony or fee paying for the same, shall not be compelled to pay any costs by vertue and force of this Statute, but shall suffer other punishment, as by the discretion of the Justices or Judge, afore whom such suits shall depend, shall be thought reasonable, any thing &c. notwithstanding.

XCIII. 27. H. 8. 25. (26) Where in an act,* 157.94 &c. (viz. 22. H. 8. 12. § 1. N. 3.) Among other things, it was Ordained, Established and Enacted, that every strong and valiant Begger and Vagabond, after he were whip∣ped for his Vagaboncy and Idleness, should depart from the place where he was whipped directly unto such Town, Hundred and County where he was born, or were he had dwelled by the space of three years next before, there to continue and abide: And also that aged Poor and Impotent people should in likewise repair into every Hundred, within the said Counties, there to remain and continue according to the meaning and purparty of the said Act upon pains limited in the same, &c.

XCIV. 27 H. 8. 25. (26.) § 2. N. 1.* 157.95 And forasmuch as it was not pro∣vided in the said Act, (viz. 22 H. 8. 12.) how and in what wise the said poor people, and sturdy Vagabonds should be ordered at their repair, and at their coming into their Counties, nor how the Inhabitants of every Hun∣dred should be charged for the relief of the same poor people, nor yet for the setting and keeping in work and labour of the aforesaid valiant Vaga∣bonds at their said repair into every Hundred of this Realm.

XCV. 27 H. 8. 25. (26.) § 2. N. 2. It is therefore now Ordained,* 157.96 &c. That all and every the Mayors, Aldermen, Sheriffs, Bailiffs, Constables, House-holders, and all other head Officers and Ministers of every City, Shire, Towns and Parishes of this Realm, at the repair and coming thi∣ther of such Poor Creature or sturdy Vagabond, as is contained in the said Act, (viz. 22 H. 8. 12.) shall most Charitably receive the same and or∣der the same in manner and form following, that is to say.

XCVI. 27 H. 8. 25. (26.) § 2. N. 3. That all the Governors and Mi∣nisters of every of the same Cities, Shires, Towns, Hundreds,* 157.97 Wapentakes Lathes, Rapes, Ridings, Tythings, Hamlets and Parishes, as well within Liberties as without, shall not only succor find and keep all and every of the same poor people by way of voluntary and Charitable Alms, within

every of the same Cities, Shires, Towns, Hundreds, Wapen-takes, Luthes, Rapes, Tythings, Hamlets and Parishes, as well within Liberties as with∣out, to be succored relieved and holden with such convenient and necessary Alms, as shall be thought meet by their discretions in such wise as none of them of very necessity shall be compelled to wander Idly, and go openly in Begging to ask Alms, in any of the same Cities, Shires, Towns and Pa∣rishes: But also to cause and compel all and every the said sturdy Vagabonds, and valiant Beggers, to be set and kept to continual labor, in such wise as by their said labors they and every of them may get their own livings with the continual labor of their own hands.

* 157.98XCVII. 27 H. 8. 25. (26.) § 2. N. 4. And every Mayor, Alderman, Sheriff, Bailiff, Constable, and all other head Officers and Ministers, of e∣very County, City, Town and Parish, within this Realm, or within any the Kings Dominions, as well within Liberties as without, and all other per∣sons Inhabitants within any of the same, shall endeavour themselves to or∣der and direct the Poor people, valiant Beggers, and sturdy Vagabonds in such wise as the effect of this present Act shall be duly observed and put in due execution, upon pain that every Parish shall lose and forfeit 20 s. for every Month, in which it is omitted and undone, and that to be enqui∣red of at every Quarter Sessions, and to be duely presented and found by the verdict of twelve men.

* 157.99XCVIII. 27 H. 8. 25. (26.) § 3. N. 1. Item, It is further Enacted, &c. That all and every person, &c. Being Whipt or sent into their Countries, in form aforesaid, (viz. 22 H. 8. 12. § 14. N. 1.) at the end of every ten Miles shall repair unto the Constable of any Parish, being directly in his way to∣wards the County and place whereunto he is so appointed, and upon sight of his Letters given unto him at the time of his whipping and sending of him into the same his Country, every the said Constables, and others the Kings Subjects, shall and may furnish him with Competent Meat, Drink and Lodging, for one night only, or for one Meal, and so he shall contiue his daily Journy of Ten Miles, until such time as he shall come unto the Hundred and place whereunto he is assigned to go.

* 157.100XCIX. 27 H. 8. 25. (26.) § 4. N. 1. Item, It is Enacted, &c. That all and every Idle person, &c. Rufflers, calling themselves Serving-men, as well within the City of London, as within all other Cities, Shires, Towns, Parishes and Hamlets of this Realm, having no Masters, shall be intreated used and ordered in every behalf and to all intents, as is contained and spe∣cified, as well in the aforesaid former Act, (viz. 22 H. 8. 12.) as in this present Act, upon the pain aforesaid, to be lost and forfeited to the Mayor, Aldermen, Sheriffs, Bailiffs, Burgesses, Ministers and Inhabitants of every of the same Cities, Boroughs and Towns Corporate, where any such Ruffl∣ers shall be suffered to be resiant and abiding by the space of two days, and not punished in form hereafter declared.

* 157.101C. 27 H. 8. 25. (26.) § 5. N. 1. It is Ordained, &c. That all and e∣very the Mayors, Governors and head Officers of every Borough and Town Coporate, and the Church-wardens, or two others of every Parish of this Realm, shall in good and Charitable wise, take such discreet and convenient order, by gathering and procuring of such Charitable and voluntary Alms, of the good Christian people within the same, with Boxes every Sunday, Holy-day, and other Festival days, or otherwise among themselves in such good and discreet wise as the Poor, Impotent, Lame, Feeble, Sick and Dis∣eased people, being not able to Work, may be provided, holpen and relie∣ved, so that in no wise they nor none of them be suffered to go openly in Begging: And that such as be lusty or having their Limbs strong enough to labor, may be daily kept in continual labor, whereby every one of them may

get their own sustenance and living with their own hands.

CI. 27 H. 8. 25. (26.) § 5. N. 2.* 157.102 Upon pain that all and every the Mayors, Governors, Aldermen, head Officers, and others the Kings Offi∣cers and Ministers, of every the said Cities Boroughs, Towns Corporate, Hundreds, Parishes and Hamlets, shall lose and forfeit for every month that it is omitted and undone the sum of 20 s.

CII. 27 H. 8. 25. (26.) § 6. N. 1. Item, It is Enacted,* 157.103 &c. That all Leprous and poor Bed-rid Creatures, whatsoever they be, may at their own liberty remain and continue in such place where they be, and shall not be compelled to repair into their Countries according to the tenor and pur∣port of the aforesaid former Act, (viz. 22 H. 8. 12. § 18. N. 1.) Any thing contained in the same Act, or in this present Act, to the contrary not∣withstanding.

CIII. 27 H. 8. 25. (26.) § 7. N. 1. Item, It is also Enacted,* 157.104 &c. that the said Governors, Aldermen, Justices of the Peace, and head Officers, Bai∣liffs and Constables of every City, Borough, Town, Hundred and Parish of this Realm, shall have Authority by vertue of this present Act to take up all and singular Children in every Parish within their limits, that be not grieved with any notable disease or sickness, and being under the age of four∣teen years and above the age of five years, in Begging or Idleness, and to ap∣point them to Masters of Husbandry, or other Crafts or labors to be taught, by the which they may get their livings, when they shall come to age, giv∣ing to them of the said Charitable collections as it may conveniently be sust∣ained, and borne Arayment to enter into such service.

CIV. 27 H. 8. 25. (26.) § 7. N. 2. And if any above the age of twelve years, and under the age of sixteen years,* 157.105 refuse such service or depart from the same, without cause reasonable, then they to be Arrested and apprehend∣ed by any of the said Officers, and to be brought before the Mayor, Alder∣men, Justices of the Peace, Baliffs, Governors, Constables, and other Of∣ficers and Ministers, of that limit or circuit where they be taken: And if it shall appear by his or their Confession, or other sufficient Testimony before the same Officers and Ministers, that he or they have refused to serve, or have departed from their service without cause reasonable, he shall then in the Pa∣rish where he was apprehended, be openly whipped with Rods, by the dis∣cretion of the said Governors or Bailiffs, and thereupon to be sent again un∣to his service, and so to be served as often as he shall be apprehended and Con∣victed in form aforesaid.

CV. 27 H. 8. 25. (26.) § 7. N. 3. And if any person or persons,* 157.106 refuse to Execute and to do the said punishment at the Commandment of any of the said Governors, Aldermen, Justices of Peace, and others the said Officers and Ministers, then he or they so refusing the same shall be set in the stocks by the space of two days, without having of any other sustenance, saving only bred and water.

CVI. 27 H. 8. 25. (26.) § 8. N. 1. Item, It is also enacted,* 157.107 &c. that all and every the aforesaid Mayors, Governors, Aldermen and every the Justices of the Peace, as well within liberties as without, shall once in every month or oftner, if need shall require, command a Privy or secret search to be made within every City and Ward, Town, Hundred, Parish and Hamlet of this Realm in such time of the night and day as they shall think convenient, to the intent that all Rufflers, sturdy Vagabonds and valiant Beggers, and other suspect persons may be by such means apprehended taken and ordered ac∣cording to the purport and meaning of this present act, and otherwise to be used according to the Laws of this Realm.

CVII. 27 H. 8. 25. (26.) § 8. N. 2.* 157.108 And that all and every person and persons, obey, aid, assist and maintain from time to time, all and every the

Commandments of the said Justices of Peace, and other head Officers afore∣said, for and concerning the making of all the said searches and the appre∣hending of all and every the suspect persons aforesaid, upon pain to make fine for not doing of the same at the next quarter Sessions, as it shall be thought by the discretion of the Mayor, Governors, Aldermen and Justices of the Peace.

* 157.109CVIII. 27 H. 8. 25. (26.) § 9. N. 1. Item, It is Enacted, &c. that no person &c. at any time after the Feast of Saint John Baptist next coming, shall use, keep and maintain, any open Playing-House, or place of Common Bowling, Dicing, Carding, Closh, Tennis, or other unlawful Games, tak∣ing mony for the same, or other gain, in any place of this Realm, upon pain to forfeit five Marks for every Month that any such unlawful Houses or Games shall so be openly kept, used and maintained in any Place within this Realm, be it within liberties or without, any grant heretofore made to any person, &c. in any wise notwithstanding.

* 157.110CIX. 27 H. 8. 25. (26.) § 10. N. 1. Item, It is Enacted, &c. that every Preacher, Parson, Vicar, Curate of this Realm, as well in all and every their Sermons, Collections, Biddings of the beads, as in time of all Confessions, and at the making of the Wills or Testaments of any Persons, at all times of the year shall exhort, move, stir and provoke people to be liberal and bounti∣ful to extend their good and Charitable Alms and Contributions from time to time, for and towards the comfort and relief of the said Poor, Impotent, Decrepit, Indigent and needy people, as for the setting and keeping to con∣tinual work and labor of the aforesaid Rufflers, sturdy Vagabonds and valiant Beggers in every City, Ward, Town, Hundred and Parish of this Realm, as well within liberties as without.

* 157.111CX. 27 H. 8. 25. (26.) § 11. N. 1. Item, It is Enacted, &c. that if any of the aforesaid Rufflers, sturdy Vagabonds and valiant Beggers, after such time as they have been once apprehended, taken, whipped and sent unto any City, Ward, Town, Hundred or Parish, by any Justices of Peace, Mayor, Constable, Bayliffs, or any other the Kings Officers and Mini∣sters, happen to wander, loyter, or idly to use themselves and play the Va∣gabonds, and willingly absent themselves from such labor and occupation as he or they shall be appointed unto within any City, Ward, Town, Hamlet, Hundred or Parish, whereunto he or they have been appointed in manner and form aforesaid, that then he or they being Eftsoons apprehended and taken of suspitions of Idleness in any privy searches aforesaid, or otherwise shall be brought before the next Justice of Peace; And upon due Exami∣nations and proof of the continuance of his said loytering, wandering in idle∣ness or Vagaboncy, shall be Eftsoons, not only whipped again and sent into the City, Ward, Town, Hundred or Parish, whereunto he was first ap∣pointed, but also shall have the upper part of the Grislle of his right Ear clean cut off, so as it may appear for a perpetual token after that time that he hath been a contemner of the good order of the Common-wealth.

* 157.112CXI. 27 H. 8. 25. (26) § 11. N. 2. And that every Constable of the Parish, with the assistance of the most substantial of every such Parish where any such Ruffler or Vagabond, shall happen thus to be taken, shall do or cause to be done this present Execution, as well in whipping as in cutting off the said upper Grisle of the Ear of every such Ruffler or sturdy Vagabond, or va∣liant Begger, upon pain to lose and forfeit five Marks, for every time that he shall refuse to do or cause to be done the same Execution: And all and singu∣lar the Inhabitants of the said City, Ward, Town, Hundred or Parish, shall assist and aid the said Constables in Execution of the premisses to the best of their Power, with Good diligence and without contradiction upon the pain aforesaid.

CXII. 27 H. 8. 25. (26.) § 12. N. 1. Item, It is further Enacted,* 157.113 &c. That if any Ruffler or sturdy Vagabond or valiant Begger not having the upper part of the right Ear, and being cut off as is aforesaid, happen to be apprehended and taken, in or at any privy search, as aforesaid, at any other time wandring in Idleness in or without any City, Ward, Town, Parish, or Hamlet, within this Realm, whereunto he or they have been assigned, and duely proved before any Justice of Peace, that he or they haunt Idleness, and hath not applied, nor doth not apply such labors as he or they have been assigned unto, or be not in service with any Master, that then he or they so taken, marked and having the upper part of the right Ear cut off, as is aforesaid, shall be by any of the said Justices of Peace sent unto the next Goal, there to remain without Bail or Mainprise until the next Quarter Sessions, and there to be Indicted of wandring, loytering and idleness, and shall be arraigned of the same, and if he or they shall happen to be found Guilty by Verdict, Confession or otherwise, of, for and upon the same con∣tinual loytering and idleness, then every such sturdy Vagabond and valiant Begger so found Guilty and Condemned, shall have Judgment to suffer pain and Execution of death as a Felon, and as Enemies of the Common-wealth, and to lose and forfeit all their Lands and Goods as Felons do in all other cases within this Realm.

CXIII. 27 H. 8. 25. (26.) § 13. N. 1. Item, It is Enacted,* 157.114 &c. That the Knight Marshal for the time being, shall have full power and Au∣thority by vertue of this present act, to search, do and put in due and plain Execution all and every the contents as well of the aforesaid former Act, (viz. 22 H. 8. 12.) as of this present Act, and of and upon all such Ruf∣flers sturdy Vagabonds and valiant Beggers, Men and Women, as in any wise shall frequent, hunt or loyter, Masterless and out of service, in and about the Court, wheresoever the Kings Highness chance to be resiant, with his most Honorable Houseshold in any place of this Realm.

CXIV. 27 H. 8. 25. (26.) § 14. N. 1.* 157.115 And for the avoiding of such incon∣veniences and Infections as oftentime have and daily do chance among the peo∣ple by Common and open Doles, and that most commonly unto such Doles many persons do resort, which have no need of the same. It is therefore En∣acted, &c. that no manner of person, &c. shall make or cause to be made any such common or open Dole, or shall give any ready mony in Alms, o∣therwise than to the common Boxes and Common Gatherings in Every Ci∣ty, Town, Hundred, Parish and Hamlet, to and for the putting in plain and due Execution of all and every the good and vertuous intents and pur∣poses, contained in this present Act, upon pain to lose and forfeit ten times the value of all such ready mony as shall be given in Alms, Contrary to the tenor and purport of the same.

CXV. 27 H. 8. 25. (26.) § 14. N. 2. And that every person,* 157.116 &c. of this Realm, Bodies Politique, Corporate and others, that be bound or charged Yearly, Monthly or Weekly, to give or to distribute any ready Mony, Bread, Victual, or other sustentation to Poor people, in any place within this Realm, shall from the Feast of Michaelmas next coming, give and distri∣bute the same Mony, or the value of all such Bread, Victual or sustentation, unto such Common Boxes, to the intent the same may be imployed towards the relieving of the said Poor, Needy, Sick, Sore and Indigent persons, and also towards the setting in work of the said sturdy and idle Vagabonds, and valiant Beggers, and every of the said person and persons, Bodies Politique, Corporate and others, shall be clearly discharged against all and every other person and persons, of and for all manner of Bonds or Grants, whatsoever they be, for making of any of the said Common Doles, or others the foresaid distributions at any time of the year, so as the Mony and true value of the

same be given unto the Boxes towards the common Alms and relief of the poor people, in form aforesaid.

* 157.117CXVI. 27 H. 8. 25. (26.) § 15. N. 1. And to the intent that the Mony gathered towards the relief of Poverty, as is abovesaid, shall be imployed and converted to such charitable uses and behoofs by this present Act limited, and no part thereof to be misused by such as shall have the collection there∣of; it is therefore ordained and enacted, &c. that the Church-wardens of every Parish, calling unto them six or four of their honest Neighbors, shall have full power and Authority, every Quarter of the year, or oftner by their discretions to command every such Collector to appear before them, and to ren∣der and yield account of all summs of Mony, as by them shall be gathered, and how, and in what manner it was imployed.

* 157.118CXVII. 27 H. 8. 25. (26.) § 15. N. 2. And if upon any account it shall be seen, perceived or found that any such Collector hath not converted nor employed, the Mony by him gathered, to such uses and intents as be limit∣ed by this Act, or to have imbezilled any part thereof, that then every such offendor shall be attached and apprehended by them, before whom he so shall make account, and shall immediatly be brought before a Justice of the Peace, if it be in any Shire, or before the Mayor or Bailiff, if it be in City, Bo∣rough or Town Corporate, which Justice or Mayor or Bailiff, shall cause e∣very such offender to be committed to Ward and Prison, there to remain unto such time as he shall have fully restored and paid to the Collectors of the said Alms, within the Parish where he so offended, all such summs of Mony as by him shall be so imbezilled, converted or imployed to other uses or intents, than by this Act be limited, and also till he shall have paid 6 s. 8 d. for a penalty to be converted, imployed and distributed to the uses and intents spe∣cified and declared in this Act.

* 157.119CXVIII. 27 H. 8. 25. (26.) § 16. N. 1. And it is ordered, &c. that the Parson, Vicar or Parish Priest, or some other honest man of every Par∣ish of this Realm, without taking or demanding any thing for the same, shall keep a Book of reckoning and then shall enter, write and make mention from time to time, in one place or part of the Book, as well of all and every such summs of Mony, as shall be gathered by the charitable Alms of the Inhabi∣tants of every of the same Parishes, as to make mention in other place of the same Book, how, upon whom, and in what wise, any part of the same Mony shall be spent, and so from year to year, from one year to another year, he shall keep a new book, the Book to be bought and paid for, by the Constable and Church-wardens, for the time being, of the common Collections, and al∣ways shall remain in the Custody of two or three of them, or of some other indfferent man, by their consents, and not with the Parson, Vicar or Parish Priest.

* 157.120CXIX. 27 H. 8. 25. (26.) § 17. N. 1. Item, It is ordered, &c. that two or three times in every week, two or three of every Parish, within Cities and Towns Corporate, by the assignment and appointment of the Mayor, Aldermen, Governor, Bailiff or Constable, some in one week and some a∣nother week, shall name and appoint certain of the said poor people found of the common Alms, to collect and gather broken meats and fragments, and the refuse-drink of every Householder within every such Parish, which shall be by their discretions distributed evenly among the poor people found of the said common Alms, as they by their discretions shall think good.

* 157.121CXX. 27 H. 8. 25. (26.) § 18. N. 1. Item, It is ordered, &c. that all and every Bailiff, Constable, Church-wardens, and other the Collectors of the said Alms, which shall at any time forbear their own business and labor, and shall travail or take any pains in and about the Execution of any part of this present Act, shall have and take for his and their so doing, such competent wages of the Mony of the said common Collections, as by the discretion of the Mayor,

Aldermen, Governor Bailiff or Justices of Peace, and others of the Parish shall be thought good and reasonable, which shall be appointed to them from time to time, always at the making of their accounts before the whole Parish aforesaid.

CXXI. 27 H. 8. 25. (26.) § 19. N. 1. Item,* 157.122 The Mony of all and every the aforesaid free and Charitable Collections, shall be kept in the common Coffer or Box, standing in the Church of every Parish, or else shall be committed into the hands and safe custody of any other such good and sub∣stantial trusty man as they can agree upon, where they shall think it always sure and safe, and where it may be surely delivered unto the uses before ex∣pressed from time to time, as necessity shall require, making always menti∣on thereof in two several places of the said book as it is before declared, as often times as any part thereof shall be spent or gathered.

CXXII. 27 H. 8. 25. (26.) § 20. N. 1. Item, It is ordered,* 157.123 &c. That the Inhabitants of every Parish of this Realm, shall begin to make the foresaid free Charitable and Godly Collections and Gatherings, in every Sunday and Holiday next after the day of Saint John Baptist next coming, and so shall continue yearly unto the last day of the next Parliament; and every Parish making default, and not putting all and every the premisses in due and perfect Execution, according to their power, behaviors and discretions, shall lose and forfeit 20 s. for every Month in which it is omitted and un∣done.

CXXIII. 27 H. 8. 25. (26.) § 20. N. 2. And all Justices of Peace in every County and Liberty of this Realm,* 157.124 shall have full power and Authori∣ty by vertue of this present act to enquire, hear, order and determine all and every the premisses in manner and form, and to all intents as it is before de∣clared.

CXXIV. 27 H. 8. 25. (26.) § 21. N. 1. Finally it is ordained,* 157.125 &c. that this present Act shall begin to take effect, and to be put in Execution, with the aforesaid former Act, (viz. 22 H. 8. 12.) the morrow after the day of Saint Michael the Arch-Angel next coming, and shall continue unto the last day of the next Parliament, 31 H. 8. 7.

CXXV. 27 H. 8. 25. (26.) § 21. N. 2.* 157.126 And that the one moity of all and every the Forfeitures aforesaid shall be to the use of the common box to the relief of the Poor, Decrepit, Sick and Indigent and Impotent people, being within any City, Town, Hundred or Parish, where any such of∣fence is committed, and the other moity to him or them that will sue for the same, by Bill, Action of Debt, Plaint or otherwise, in any Court of Re∣cord or Court Baron of this Realm, in which Action no wager of Law, Essoyn or Protection shall be allowed.

CXXVI. 27 H. 8. 25. (26.) § 22. N. 1.* 157.127 Provided always that this present Act, shall not be hurtful or prejudicial unto any person or persons, for giving or sending any ready mony, or of any fragments or broken meat or drink, unto any person or persons, Inhabited within the Parish where he dwelleth, or to any persons, but that they and every of them, of their Char∣ity may use, send, order, give and dispose the same to any person or persons aforesaid, as they will themselves, either within their own Houses, or else where, any thing contained in this present Act to the contrary in any wise notwithstanding.

CXXVII. 27 H. 8. 25. (26.) § 23. N. 1. And be it further Enacted,* 157.128 &c. That they which by the Authority of this Act, shall cause the Ears of any offendor to be cut off, in form before mentioned, shall certifie in writ∣ing indented under their Seals, at the next General Sessions of the Peace, that shall be kept in any City, Town, Borough or Shire, unto the Clerk of the Peace, of the same City, Town or Shire, the names of all such as shall

fortune to have their Ears cut off, for the causes beforesaid, and of the time and place of doing the same, and if they fail and make default this to do by the space of one month, that then they shall forfeit for every month so offending, 40 s.

* 157.129CXXVIII. 27 H. 8. 25. (26) § 24. N. 1. And be it further Enacted, &c. That no Church-warden, Collector or Collectors of any the foresaid charitable Alms, shall continue in his or their said Offices and Rooms above the space of one whole year.

* 157.130CXXIX. 27 H. 8. 25. (26.) § 24. N. 2. And that in all Cities, Bo∣roughs, Towns and Parishes of this Realm, the overplus of all, and all man∣ner of Collections of the Rich and Wealthy Parishes, within any of the same Cities, Boroughs, Towns, Hundreds, Lathes, Rapes and Wapentakes, from time to time, shall be ordered and distributed for and towards the susten∣tation of the charges of other poor Parishes, near and within any of the same Cities, Boroughs, Towns, Hundreds, Lathes, Rapes and Wapentakes, by the discretion from time to time, of the Mayor, Aldermen, Baliffs, Go∣vernors, Justices of Peace, and high Constable of the same.

* 157.131CXXX. 27 H. 8. 25. (26.) § 25. N. 1. Provided alwais that in such Cities, Towns, Hundreds, Wapentakes, Lathes, Rapes, Ridings, Tyth∣ings, Hamlets and Parishes, where the voluntary, and unconstrained Alms, and Charity of the Parishioners or people, which by this Act shall be con∣tributory to such Alms, and with such Mony, as shall be added and given to the same, from any Monasteries, or other persons, bodies Politick, Corpo∣rate or other, will not suffice to the sustentation of the poor, needy and indi∣gent people, being within the limits of such contribution, neither the May∣ors, Aldermen, Sheriffs, Bailiffs, Constables or other head Officers, House∣holders, Ministers or Inhabitants of the same in particular; ne also the whole of them in general, shall incurre or run into the said forfeiture, danger or penalty of 20 s. for every Month; ne any of them to be constrained to any such certain contribution, but as their free wills and Charities shall ex∣tend, otherwise than that the persons thereunto appointed by this Act, shall well and truly distribute, according to the purport of the same, the said Cha∣rity and Alms that shall come to their hands, of voluntary gift, upon the pe∣nalties in this Act for the same provided, any Clause, Sentence or Words in the same Act, being or founden to the Contrary thereof notwithstand∣ing.

* 157.132CXXXI. 27 H. 8. 25. (26.) § 26. N. 1. Provided also it shall be law∣ful to all Noblemen, and other keeping Houses, their Almoners, Servants, Officers and Ministers, to give in Alms the Fragments or broken Meat or Drink, of the same, as well to poor and indigent people of other Parishes, as of the same Parishes, where such House is kept, any thing in this Act or in any provision of the same to the contrary notwithstanding.

* 157.133CXXXII. 27 H. 8. 25. (26.) § 27. N. 1. Provided furthermore that Servingmen departing from their service by License, Will, Death or Exclu∣sion 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 testi∣mony 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.

* 157.134CXXXIII. 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 re∣maining out of the places where they were born, or had their last habitati∣on, or for passing abroad to gather the Alms and Charity of Christian peo∣ple, 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,* 157.135 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,* 157.136 for receiving of the same, or for their abiding in such Alms-houses or Hos∣pitals according to such foundation.

CXXXVI. 27 H. 8. 25. (26.) § 29. N. 3. Ne also for Alms in ready Mony,* 157.137 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 Rid∣ing, Going or passing by the way,* 157.138 shall after his or their Conscience or cha∣rity, give Mony or other thing to Lame, Blind or Sick, Aged or Impotent people, any thing in this Act to the contrary mentioned notwithstand∣ing.

CXXXVIII. 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy,* 157.139 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,* 157.140 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 Ex∣ecuted, 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 Mem∣bers, or rather Enemies of the Common-wealth have been suffered to re∣main 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 com∣mon-wealth, yet if they could be brought to be made profitable and do ser∣vice, it were much to be wished and desired.

CXL. 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted,* 157.141 &c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Va∣gabonds 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.* 157.142 Secondly that whosoever after the first

day of April next following, Man or Woman, being not Lame, Impo∣tent 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.

* 157.143CXLII. 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 with∣in 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 e∣spying 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 wit∣nesses, 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.

* 157.144CXLIII. 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly, to such Presentor, to be his Slave, to have and to hold the said Slave to him, his Executors, or Assigns for the space of two years, then next follow∣ing, and to order the said Slave as followeth, that is to say, to take such per∣son adjudged a Slave with him, and only giving the said Slave bread and water, or small drink, and such of meat, as he shall think meet, cause the said Slave to work by beating, chaining or otherwise, in such work and labor, how vile soever it be, as he shall put him unto, 3 and 4 Ed. 6. 3. § 1. N. 2.

* 157.145CXLIV. 1 Ed. 6. 3. § 2. N. 4. And if any manner of Slave, either for loyterings or for the cause before rehearsed, so adjudged, shall within the space of the said two years here appointed run away, depart or absent him from his said Master by the space of fourteen days together, without License, it shall not only be lawful to his said Master to pursue and search him again by vertue of this Act, but also to punish such fault by chains or beating as is aforesaid.

* 157.146CXLV. 1 Ed. 6. 3. § 2. N. 5. And against the detainor, if any man do willingly detain him, knowing him to be a Slave as is aforesaid, to have an Action of Trespass, and recover thereby in dammages 10 l. besides the loss and charges of the suit for so detaining his said Slave.

* 157.147CXLVI. 1 Ed. 6. 3. § 2. N. 6. And further every such Master showing and proving by two sufficient witnesses, the said offence and fault of his running away, before two Justices of Peace of the same County, whereof the one to be of the Quorum, the same Justice shall cause such Slave or Loiterer to be marked on the Forehead, or the ball of the Cheek, with an hot Iron, with the sign of an S. that he may be known for a Loiterer and a Runaway, and shall adjudge the Loiterer and Runaway to be the said Masters Slave for ever.

* 157.148CXLVII. 1 Ed. 6. 3. § 2. N. 7. And if such Slave shall the second time

run away, or absent himself, if the said Master shall prove the same se∣cond Running away, with two sufficient witnesses, before the Justice of Peace, in their General and Quarter Sessions, then every such fault and Running away, to be adjudged Felony, and such a Loiterer and Runna∣way to be taken as a Felon, and thereof being lawfully Indicted and attaint∣ed or otherwise condemned, to suffer pains of death, as other Felons ought to do.

CXLVIII. 1 Ed. 6. 3. § 3. N. 1. Provided also and be it Enacted,* 157.149 &c. that no Clerk convicted shall hereafter make his purgation, and upon such purgation, be delivered and set at large, otherwise than is in the Statute here∣after expressed.

CXLIX. 1 Ed. 6. 3. § 4. N. 1. And be it further enacted,* 157.150 &c. that e∣very Clerk convict or hereafter to be convicted, which should by the order of the Law enjoy the benefit of their purgation, shall and may from hence∣forth find any man, if they can, who shall be bound with two sufficient Sure∣ties to the Ordinary, in the summ of 20 l. to the Kings Highness use, to retain the said convict as his Slave, and to keep the said person so convicted for the space of one year then next following, that he shall not go abroad, and at large, and then the said convict shall be delivered to the said per∣son so taking the same, and being bound as is aforesaid, to be his Slave for one whole year, then next following, by vertue of this Act, in all such manner and form, and to all such intents and purposes, and with all such Or∣ders, Laws, Conditions and penalties for Running away or other, as is aforesaid, of a Vagabond taken loytering and made a Slave (burning in the brest only excepted) and the Ordinary by the delivery of the said convict to such per∣son, being bound, as is aforesaid, to be of the keeping of the said convict, clere∣ly discharged and exonerated by vertue of this Act.

CL. 1 Ed. 6. 3. § 5. N. 1. And if so be that the said Clerk so convict,* 157.151 cannot find any man to be bound, as is aforesaid, to whom he may be ad∣judged a Slave, in the space of one year, then at any time after the end of one year after his conviction, it shall be lawful for the said Clerk convict to make his purgation, as he might before this Estatute, any thing in this pre∣sent Act to the contrary notwithstanding.

CLI. 1 Ed. 6. 3. § 6. N. 1. And where the Clerks convicted or attainted by the order of the Laws of this Realm, cannot make their purgation,* 157.152 and should perpetually by the same remain in prison: Be it nevertheless enacted, &c. that if there be any manner of person who will at any time de∣mand the same Clerk convicted or attainted, and be bound to the Ordinary, with two sufficient Sureties, as is above written, to keep the same as his Slave, by the space of five years then next following, that then the same shall be adjudged his Slave for like space, with all such Orders, Laws and Penal∣ties for running away, and other orders, as is before expressed of a Va∣gabond, adjudged to any man for a Slave, (the burning in the brest only excepted) and upon the adjudgment delivered to such demandant, the Or∣dinary from thenceforth of the keeping of such Clerk convicted or attaint∣ed clearely exonerated and discharged by vertue of this Act.

CLII. 1 Ed. 6. 3. § 7. N. 1. And forasmuch as divers Women and Men go on Begging, wayfaring,* 157.153 of the which some be impotent and lame, and some able enough to labor, which do carry Children about with them, some four or five years of age, or Younger or Elder, which brought up in idleness might be so rooted in it, that hardly they may be brought af∣ter to good thrift and labor.

CLIII. 1 Ed. 6. 3. § 7. N. 2. Or if any Child above the age of five years and under the age of fourteen years,* 157.154 go idly wandring about as a Vaga∣bond.

* 157.155CLIV. 1 Ed. 6. 3. § 7. N. 3. Be it Enacted, &c. that if any manner of person will take away such Child, be it Male or Female, of and from any such Begger, being the Mother thereof, Nourisher or Keeper, whether they be willing or not, or without any such Nourisher, Mother or Keeper wan∣dring, and bring the said Child so taken away, before one of the Constables of the Parish, and two other honest and discreet Neighbours witnesses, and before any Justice of the Peace there resiant and abiding, and promise to bring the same Child up, in some honest labor or occupation, till he or she come to the age of twenty years the Woman Child, or twenty four years the Man Child.

* 157.156CLV. 1 Ed. 6. 3. § 7. N. 4. That then and immediatly the said Justice of Peace and Constable, shall adjudge by virtue of this Act, the said Child unto the ages before specified to be Servants or Apprentices to the said per∣son, so taking and promising to be used and ordered in all points, accord∣ing as the Law and custome of this Realm is of Servants and Apprenti∣ces, to what labor, occupation or service soever, the said Master shall ap∣point him or her during the said terme.

* 157.157CLVI. 1 Ed. 6. 3. § 7. N. 5. And if it shall fortune such Child so adjudg∣ed, to run away at any time, one or more times from his or her Master or Mistres, that then it shall be lawful for every such Master, to take the said Child again, and to keep and punish the said Child, in chains or otherwise, and use him or her as his Slave in all points, for the time before rehearsed, of the age of such Child, that is to say, till twenty the Woman Child, and the Man Child twenty four.

* 157.158CLVII. 1 Ed. 6. 3. § 8. N. 1. Provided always that any Master either of the Men or of the Women so adjudged Slaves, or of the Children ad∣judged Apprentices, or Servants, may Let, set forth, seal, bequeath or give the service and labor of such Slaves or Servants, so adjudged as is aforesaid, to any person or persons, to whomsoever he will, upon such condition and for such terme of years, as the said persons be adjudged to him for Slaves, Servants or Apprentices, after such like sort and manner, as he may do of any other his moveable Goods or Chattels, and they for the said space and time to be bound to all points and constructions, to such lessee, vendee, donee, or assignee, as they were to their first apprehendors and Masters, by virtue of this Statute.

* 157.159CLVIII. 1 Ed. 6. 3. § 9. N. 1. Provided always, and be it enacted, &c. that if any such Slave or Slaves, or Children so adjudged, shall at any time after such Judgment maihem or wound their Masters or Mistresses in resist∣ing their correction or otherwise, or when they be manumitted and set a∣gain free, or in the time of their service, shall conspire with any other, or by themselves, go about to Murder and Kill, or to Maihem, Wound or Beat the said Master or Mistres, or any that was their Master or Mistres, or to burn their Houses, Barns or Corn, so that their intent come to an Act tending to the effect, as lying in wait with Weapon, or any such like, shall be accounted Felony, and they shall suffer therefore pains of Death as in case of Felony.

* 157.160CLIX. 1 Ed. 6. 3. § 9. N. 2. Except that any such person or persons, as be, or had been Master or Mistres to any of them, or he refusing any other will take such person so offending to their Slaves, and then he or she so offend∣ing, to be adjudged to the person so willing to take him or her so offend∣ing, slave for ever, and thereupon to be discharged of the Felony.

* 157.161CLX. 1 Ed. 6. 3. § 9. N. 3. The same Law and order to be had, in all conditions, if it should chance the Father, Mother, Nourse, or other the bearer about of the Child, or any other person or persons, to steal away such Child, adjudged Apprentice or Servant, that is to be slave to such Ap∣prentices

or Servant's Master, whose Apprentice or Servant was so stolen or inticed away for ever, and the Master nevertheless to take and receive his said Apprentice or Servant again, as if the said taking away had never been done.

CLXI. 1 Ed. 6. 3. § 10. N. 1. Be it also Enacted,* 157.162 &c. that although there be no man which shall demand such Loyterer or Loyterers, as before expressed, into their Service, yet nevertheless the Justice of Peace in that City, Borough, Town or Hundred dwelling, if any such be, or else any other Justice of Peace of the same Shire and also there dwelling, of his or their Office, shall be hereafter bound by virtue of this Act, not only to in∣quire of all such Idle-persons, but also if they do espy any such Vagabonds or Idle-persons, or if any such be detected unto them, to examin him or her of the time of their Vagabondry.

CLXII. 1 Ed. 6. 3. § 10. N. 2.* 157.163 And if it shall appear to any Justice of Peace, any such Man or Woman to have been a Vagrant and Vagabond or Idle-person, by the space as is aforesaid; to cause the same to be marked on the Breast with an V. made with an hot Iron,

CLXIII. 1 Ed. 6. 3. § 10. N. 3. And also to inquire of him,* 157.164 the Town, City or Village wherein he was born, and then shall immediately give a Writing in Parchment seal'd with his Seal to the said Loyterer, of the tenor and form which here ensueth.

CLXIV. 1 Ed. 6. 3. § 10. N. 4. A. B. Justice of Peace in the Coun∣ty of S. to the Mayor or Cheif-Officer of the City of Z. (if it be a City) or to the Head-Borough, Baily or Constable,* 157.165 or Head-Officer of the Town of Z. (if it be a Town) or to the Constable or Tything-man of the Vil∣lage of C. if it be a Village.

CLXV. 1 Ed. 6. 3. § 10. N. 5. According to a most Godly Statute made in the first year of the Raign of our Soveraign Lord King Edward the sixth, &c. we have taken this Bearer J. K. Vagrantly,* 157.166 and to the Evil Example of others, without Master, Service or Labor whereby to get his Living, going loytering idly about, and because the same saith he was born in C. in the County of S. whereof you are the Head-Officer or Constable, we have sent him to you to be ordered, according to the purport and effect of the same Statute.

CLXVI. 1 Ed. 6. 3. § 10. N. 6. And with this Writing,* 157.167 shall deliver the same Loyterer to the Constable or other Head-Officer of the said City, Town or Village wherein such Loyterer was taken, to be safely by them conveyed to the next Constable, and so from Constable to Constables, and other Head-Officers, till he or she be brought to the place, the which he or she hath named themselves to be born in.

CLXVII. 1 Ed. 6. 3. § 10. N. 7. And then to be delivered to the Head-Officer or Constables of that same City, Borough or Town, Village,* 157.168 Ham∣let or Parish, there to be nourished and kept of the same City, Town or Village, in Chains or otherwise, either in the common Works in amending High-ways, or other common works, or from man to man, in order till they which may bear be equally charged to be Slave to the Corporation of the said City, or to the Inhabitants of the Town or Village that he or she was born in, after all such Form, Condition, space of Years, Orders, Punish∣ments for running away, and all others, as are expressed of a Common or Private Person, to whom any such Loyterer is adjudged a Slave.

CLXVIII. 1 Ed. 6. 3. § 10. N. 8. And the said City, Town or Village,* 157.169 shall see the said Slave being able to Labor, set on work, and not live Idly within the said Premises, upon pain for every such default that the said Slave doth live Idly, by the default of the City, Borough or Town, or Village by the space of three working days together, the City to Forfeit 5 l. a

Borough or Town Incorporate, 40 s. and other Town or Village 20 s. where∣of the one half to the King our Soveraign Lord, the other to him that will sue for the same in any of the Kings Courts of Record, by Bill, Information, or Action of Debt, in the which Suits, no Essoyn, Wager of Law or Protecti∣on shall be allowed.

* 157.170CLXIX. 1 Ed. 6. 3. § 11. N. 1. Provided and be it Enacted, that the City, Town and Borough Coporate, by the consent of the most part of the Corporation, and the Town and Village not Corporate, by the consent of the most part of the Inhabitants thereof, may set, sell or give away, the right, title and interest of the said Slave, to any other Persons, as any other Common, or Private person may do with his Slave by Virtue of this Act.

* 157.171CLXX. 1 Ed. 6. 3. § 12. N. 1. Provided always, and be it Enacted, that if it fortune when the said Vagabond is brought to the said City, Town or Village where the said person said he was born, to appear and be manifest, that he or she was not there born, that then for such lye, the said Vagrant shall be marked in the face with an S. and be Slave to the Inhabitants or Corporation of the City, Town or Village where the said Vagrant said he was born in, for ever, upon such Conditions and Orders in all points, as of a Slave marked in the face is before expressed.

* 157.172CLXXI. 1 Ed. 6. 3. § 12. N. 2. The same Law and Order in all points to be had, of all Vagrant persons and Vagabonds, being born in any other Nation or Country than this Realm, as is before expressed of English idle persons, mark∣ing in the breast or face only excepted, that is to say, to be had to the next Port, and there to be kept of the Inhabitants of the said next Port in conve∣nient Labor, and from Idleness or otherwise, till they may be conveyed over, and then at the costs of the Inhabitants of the said Port, to he conveyed o∣ver into their Countries,

* 157.173CLXXII. 1 Ed. 6. 3. § 13. N. 1. And forasmuch as there is many maim∣ed and otherwise lamed, sore, aged and impotent persons, which resort to the City of London, and to other Cities, Towns, and Villages on begging, whose coming together and making a number, doth fill the streets or high∣ways of divers Cities, Towns, Markets and Fairs, who if they were sepa∣rated, might easily be nourished in the towns and places where they were born, or where they were or have been most conversant and abiding, by the space of three years.

* 157.174CLXXIII. 1 Ed. 6. 3. § 13. N. 2. Be it therefore Enacted, &c. that all and singular Mayors, Sheriffs, Bailiffs, Constables or other head-Officers, of any City, Town or Hundred, to which such resort is or shall be, shall before the Feast of Purification of our Lady next following, see all such Idle, Impo∣tent, maimed and aged persons, who otherwise cannot by their discretions be taken for Vagabonds, which were born within the said City, Town or Hun∣dred, or hath been there most conversant and abiding by the space of three years, as is aforesaid, and now decayed, bestowed and provided for, of Te∣nantries, Cottages, or other convenient Houses to be lodged in, at the costs and charges of the said Cities, Towns, Boroughs and Villages, there to be re∣leived and cured, by the devotion of the good people of the said City, Bo∣rough, Town or Village.

* 157.175CLXXIV. 1 Ed. 6. 3. § 13. N. 3. And that they do not suffer after the time before rehearsed, any other than such as either were born, or have been for the most part conversant or abiding for the space aforesaid, in the said City, Borough, Village or Town, to remain and beg abroad, within the Pre∣cincts of such Cities, Towns, Villages or Hundreds.

* 157.176CLXXV. 1 Ed. 6. 3. § 13. N. 4. Upon pain that every such Mayors, Sheriffs and Bailiffs, Constable or other head-Officer, by what names soever he be called,

suffering any person to beg within the precinct of his, or their such Juris∣diction, other than is before rehearsed, for every three days, shall forfeit 10 s. to whomsoever will sue therefore, by Bill, Information, or Action of debt, in any Court of Record, in the which suits no Essoyn, Wager of Law, nor Protection shall be allowed.

CLXXVI. 1 Ed. 6. 3. § 14. N. 1. And for the better performance here∣of, be it Enacted, &c. that the Mayor of the City of London,* 157.177 and all o∣ther Mayors, Bailiffs, Sheriffs, Constables, and other Head-Officers of e∣very City and Town Corporate, do with all convenient speed, by them∣selves or their sufficient Deputies, by them appointed, before the Feast of the Purification next coming, and so from time to time, every month once make a view and Examination of Aged, Impotent and Lame persons, Beg∣gers, as be within the precinct of their Jurisdiction.

CLXXVII. 1 Ed. 6. 3. § 14. N. 2. And see all such as were not born,* 157.178 nor have been for the most part conversant and abiding there, by the space of three years compleat, conveyed on Horseback, Cart or Chariot or o∣therwise, as shall seem by their discretions, to the next Constables, and they to convey the same to the next Constables, and so from Constables to Constables, till the said persons be brought to the place where they were born, or most conversant, and abiding, as is aforesaid, there to be provided for, kept and nourished, of Alms, as is aforesaid.

CLXXVIII. 1 Ed. 6. 3. § 14. N. 3. Upon pain that every such Mayor,* 157.179 Sheriff or Constable, Head-borough or Head-Officer, not making view, not sending or conveying away, not receiving, or not providing, as is be∣fore appointed, according to the true purport or meaning of this Act, to forfeit for every such default, 40 s. whereof the one half to the Kings use, the other to the party that will sue therefore, in any of the Kings Courts of Record, by Bill, Information, Action of Debt, in the which suits none Essoyn, Wager of Law, nor Protection shall be allowed.

CLXXIX. 1 Ed. 6. 3. § 15. N. 1. Provided always,* 157.180 that if any of the said aged, maihmed or Impotent persons of the Cities, Towns or Villa∣ges, where they were born in, or had their most abiding, as is aforesaid, be not so Lame or Impotent, but that they may work in some manner of work, that then such City, Town, Parish or Village, do either in common pro∣vide some such work for them, as they may be occupied in, or appoint them to such as will find them work for meat and drink.

CLXXX. 1 Ed. 6. 3. § 15. N. 2. And if they refuse of Wilfulness and Stubbornness to work, or do run away and beg in other places,* 157.181 then to punish the same according to their discretions, with chayning, beating, or otherwise as shall seem to them convenient.

CLXXXI. 1 Ed. 6. 3. § 16. N. 1. And for the more furtherance of the relief of such as are in unfained misery,* 157.182 and to whom Charity ought to be extended.

CLXXXII. 1 Ed. 6 3. § 16. N. 2. Be it Enacted,* 157.183 &c. that every Sun∣day and Holyday, after the reading of the Gospel of the day, the Curate of every Parish do make, (according to such talent as God hath given him) a Godly and Brief Exhortation to his Parishioners, moving and exciting them, to remember the Poor people, and the duty of Christian Charity, in re∣lieving of them, which be their Bretheren in Christ, born in the same Pa∣rish and needing their help.

CLXXXIII. 1 Ed. 6. 3. § 17. N. 1. Provided always,* 157.184 that if it shall chance any such adjudged Apprentice, Servant or Slave, as is before re∣hearsed, to have inheritance discended unto him or her, or any other ways by the Laws of this Realm, Ward or Bondman, or Nief of blood, by or from any of his Ancestors, to any person or persons, that then it shall be

lawful to any such person or persons to whom any such Ward, Bond-man or Nief shall appertain, to seise and take such Wards, Bond-men or Neifs, and them to retain and keep as their Wards, Bond-men or Neifs, and the said Wards, Bond-men and Neifs, shall be discharged of the said Slavery, or other Servitude or Bondage above rehearsed, this Statute, or any thing therein contained to the contrary, in any wise notwithstand∣ing.

* 157.185CLXXXIV. 1 Ed. 6. 3. § 18. N. 1. And also be it Enacted, that if any such Servant, Apprentice, Slave or Slaves, which shall have at any time here∣after, any Advancement or Living, accrew, come or grow unto him or any of them, whereby he or they may have a convenient Living; that then and from thenceforth, he or they so being advanced, to be discharged of their Slavery, Servitude and Bondage, this Act, or any thing there∣in contained to the contrary, in any wise notwithstanding.

* 157.186CLXXXV. 1 Ed. 6. 3. § 18. N. 2. Any Woman being a Servant, Ap∣prentice or Slave, as is aforesaid, being married within the age of twenty years without the assent of her Master, until she shall accomplish and come to the said age of twenty years only excepted.

* 157.187CLXXXVI. 1 Ed. 6. 3. § 19. N. 1 Be it also Enacted, that all Leprous and Poor Bed-rid Creatures, whatsoever they be, may at their own liber∣ty remain and continue, in such houses appointed for Leprous or Bed-rid people, as they now be in, and shall not be compelled to repair into any o∣ther Counties or Places, by Virtue of this Act, any thing therin contained to the contrary notwithstanding.

* 157.188CLXXXVII. 1 Ed. 6. 3. § 19. N. 2. And that also it shall be lawful unto the said leprous and bed-rid people for their better releifs, to appoint their Proctor or Proctors, so there be not appointed above the number of two persons for any one house of leprous bed-rid people, to gather the chari∣table Alms of all such Inhabitants as shall be within the compass of four Miles, of any of the said houses of leprous and bed-rid persons.

* 157.189CLXXXVIII. 1 Ed. 6. 3. § 20. N. 1. And be it Ordained and Enacted, &c. that it shall be lawful to every person, to whom any person in form a∣bovesaid shall be adjudged a Slave, to put a Ring of Iron about his Neck, Arm or his Leg, for a more knowledge and surety of the keeping of him.

* 157.190CLXXXIX. 1 Ed. 6. 3. § 20. N. 2. And that if any person or persons, do take or help to take, any such bond of Iron from any such Slave; that then every person so doing without the License or Assent of his Master, shall forfeit for every such default, 40 l. Sterling.

* 157.191CXC. 1 Ed. 6. 3. § 21. N. 1. Be it further Enacted, that this present Act shall before the first day of March next, be openly proclaimed in every City, Corporate-Town and Market-Town upon the Market day; and also from thenceforth shall yearly be read in every Shire openly in two general Quarter Sessions of the Peace, that is to say, at the general Quarter Sessions after Midsummer, and the general Quarter Sessions next after Christmas, to the intent that every person may have knowledge thereof.

* 157.192CXCI. 1 Ed. 6. 3. § 21. N. 2. And that this Act shall endure unto the end of the next Parliament, 3 & 4 Ed. 6. 16. § 1. N. 2. and 21 Jac. 28, § 11. N. 28. 69.

* 157.193CXCII. 1 Ed. 6. 3. § 22. N. 1. Provided alwayes and be it Enacted, that it shall be lawful to the Lord Chancellor of England, or the Lord Keeper of the Great Seal for the time being, at their discretions to grant Commissions under the Great Seal of England, to every or any person or persons, that hath or shall have his or their Houses or Barns burnt, or such losses, to gather the relief and charity of others for their aid, and help of his or their losses, de∣cay, or hinderance, as in time past hath been used, any thing contained in this Act notwithstanding,

CXCIII. 1 Ed. 6. 14. § 12. N. 1. And over that the said Commissioners,* 157.194 (viz. of Chantries, &c.) or two of them at the least, shall have full power, &c. to enquire and try by such ways, and means, as they shall think meet and convenient, what Mony, Profit and benefit any poor person or persons, by vertue of any Conveiance, Assurance, Composition, Will, Devise or otherwise heretofore had, or enjoyed within five years next, before the beginning of this present Parliament, out of any Colledge, free Chap∣el or Chantry, and other the premisses, &c.

CXCIV. 1 Ed. 6. 14. § 12. N. 2. And thereupon to make assignments,* 157.195 and orders, in such manner and form as all and singular such said mony, profit and Commodity, shall be paid to poor people for ever according to such Assurance, Composition, Will, &c. for the same, and to assign and appoint Lands, Tenements, and other Hereditaments, parcel of the pre∣misses, for the maintenance and continuance of the same for ever.

CXCV. 3 & 4 Ed. 6. 16. Forasmuch as it is notoriously seen and known that Vagabonds and Beggers,* 157.196 do daily increase within this the Kings Highness Realm, into very great numbers, chiefly by occasion of Idleness, the Mother and Root of all vices, whereby do ensue continual Thefts, Mur∣ders, Conspiracies, and other sundry hainous offences, and partly for that the good and wholesome Laws and Statutes of this Relam, have not been put in due Execution, and partly also by reason of the multitude of the same, the extremity of some whereof have been occasion that they have not been put in ure, 5 Eliz. 3. § 1. N. 6.

CXCVI. 3 & 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations, it is Enacted, &c. that the Statute,* 157.197 &c. (viz. 1 Ed. 6. 3. § 2. N. 3.) concerning idle persons and Vagabonds, in certain cases to be made Slaves, &c. and all and every Article, matter, proviso, branch and sentence therein contained, shall be from henceforth utterly repealed, made frustrate, void and of none effect, 21 Jac. 28. § 11. N. 28. 69.

CXCVII. 3 & 4 Ed. 6. 16. § 2. N. 1. And that the Statute,* 157.198 &c. (viz. 22 H. 8. 12.) And every matter, article, proviso, branch and sentence there∣in contained, to be from henceforth revived, made good and stand in full strength and vertue, and shall continue and remain a perfect Act of Parlia∣ment for ever.

CXCVIII. 3 & 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted,* 157.199 &c. that all Justices of Peace, and every of them, within the limits of their Commission, and the Mayors, Sheriffs, Bailiffs, and other Officers, within their several rules and offices, shall within their several limits, assemble to∣gether and make their several division according to the purport and ef∣fect of this Act, at the next general Quarter Sessions of the Peace, to be holden after the Feast of Easter next to come, for the due speedy and dili∣gent Execution of the same Act, (viz. 22 H. 8. 12.)

CXCIX. 3 & 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or im∣potent person, after the Feast of Easter next to come,* 157.200 shall offend contrary to this Estatute, that then the said offender shall be used and punished as in the same Estatute, &c. (viz. 22. H. 8. 12. § N.) is provided.

CC. 3 & 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter,* 157.201 no punishment shall be put in Execution against any such Impotent, Lame and Aged person, but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended, any thing in said Act (viz. 22 H. 8. 12. to the contrary notwithstanding.

CCI. 3 & 4 Ed. 6. 16. § 4. N. 2. Be it Enacted,* 157.202 &c. that such com∣mon laborers (viz. in Husbandry) being persons able in body, using loy∣tering and refusing to work for such reasonable wages, as is most com∣monly given in the parts where such persons shall dwell, shall be for every

such times, as he or they refuse to labor; having reasonable wages, as is aforesaid, adjudged Vagabonds, and shall be punished, as strong and mighty Vagabonds, in such manner and form as is declared in the said Act, (viz. 22 H. 8. 12. § N.)

* 157.203CCII. 3 & 4 Ed. 6. 16. § 4. N. 4. Be it Enacted, &c. that all and singu∣lar Mayors, Sheriffs, Bailiffs, Constables, or other Head-Officers, of any City, Town or Village, to which such resort is, or shall be, shall before the Feast of the Purification of our Lady next following, see all such Idle, Im∣potent, Maihmed and Aged persons, who otherwise cannot by their discretions be taken for Vagabonds, which were born within the said City, Town or Village, or have been there most conversant, and abiding by the space of three years, and now decayed, bestowed and provided for of the Tenantries, Cottages, or other convenient Houses to be Lodged in, at the costs and charges of the said Cities, Towns and Boroughs and Villages, there to be relieved and cured, by devotion of Good people of the said City, Borough, Town or Village, 1 Ed. 6. 3. § 13. N. 2.

* 157.204CCIII. 3 & 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted, &c. that all and every Statute and Act of Parliament, made for punishment of Vagabonds, Slaves, Aged and Impotent persons, or any of them, and every Article, Sentence, Clause or Proviso therein contained, other than this pre∣present Act and Statute made, and the said Act, &c. (viz. 22 H. 8. 12.) shall be from henceforth utterly void, repealed and of no effect or force.

* 157.205CCIV. 3 & 4 Ed. 6. 16. § 11. N. 2. And the said Judgment, (viz. 1 Ed. 6. 3. § 7. N. 3. 4.) shall be entred by the Clerk of the Peace, in the said Sessions, in form following, Memorandum that at the Sessions of the Peace holden at or on the day, &c. one J. B. of the Town of J. had deliver∣ed to him, according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years, to be ordered ac∣cording to the form of the said Statute.

* 157.206CCV. 3 & 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time, once or more times, from his or her Master or Mistres, that then it shall be lawful for every such Master or Mistres, to take the said Child again, and to keep and punish the said Child in the Stocks or otherwise by discretion, or otherwise at the liberty of such Master or Mistres, to have a Warrant from any Justice of Peace in the same Shire, where the Child so runs away, for such Child running away or go∣ing away, as is provided by the Statute of Laborers, (viz. 12 Ric. 2. 3.) for such Servants as depart away from their Master or Mistres, with∣out a reasonable cause before the end of their terme, 1 Ed. 6. 3. § 7. N. 5.

* 157.207CCVI. 3 & 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace, shall by force of this Act, have Authority and power, to make such war∣rant against every such person so going and runing away, in like form as they or any of them may do, against any Servant departing out of his Mast∣ers service without License or reasonable cause, and by force of the same Warrant the Child so running or going away, to be taken and ordered in every degree, as is provided by the said Statute, &c. (viz. 12 Ric. 2. 3.) as is aforesaid.

* 157.208CCVII. 3 & 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted, &c. that if, and as often as it shall chance the Father, Mother, Nource or other bearer about of the Child, or any other person or persons, to steal or in∣tice away any such Child adjudged for a Servant, as is aforesaid, that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty, to take an action upon the Statute of laborers

(viz. 12 Ric. 2. 3.) against every such person so stealing or Inticing away such Child as he or they might have by reason of the said Statute, &c. a∣gainst him or them that retains any mans Servant out of his service, before the end of the said term, or else to take an Action of Trespas against such offender, in which Action he shall recover his dammages and treble costs of his suit.

CCVIII. 3 & 4 Ed. 6. 16. § 15. N. 1. Provided always,* 157.209 and be it En∣acted, &c. that if the Master or Mistres, to whom such Child, as is afore∣said, shall be adjudged to be Servant, be unreasonable in ordering and bringing up of such Child, that then at all times upon complaint made at the General Quarter Sessions of the Peace, in the County where the said Child shall be by two honest Neighbours of the same place or Town, where the same Child shall fortune to be so unreasonably ordered, if it shall ap∣pear by honest witness to the Justices of Peace at the same Sessions, the complaint thereof made shall be true, then the Justices of Peace at their General Sessions in the same Shire, where such complaint shall be made, shall by virtue of this Act have Authority and power to discharge the said Child from his or their unreasonable Master or Mistres.

CCIX. 3 & 4 Ed. 6. 16. § 15. N. 2. And appoint the same to some other honest Master or Mistres, unto the said ages,* 157.210 to be ordered in every degree as the said Child should have been with his former Master or Mistres, and that order and appointment to be written in the book of the Clerk of the Peace.

CCX. 3 & 4 Ed. 6. 16. § 15. N. 3. For the which entry the said Clerk of the Peace shall have 4 d. for his labor, and not above,* 157.211 and in like manner shall have 4 d. and not above, for the first entry of the Child to be ser∣vant, as is aforesaid, to be paid by the Master or Mistress of the said Child.

CCXI. 3 & 4 Ed. 6. 16. § 16. N. 1. Provided always, and be it Enacted,* 157.212 &c. that if the Woman Child to be appointed a Servant, as is aforesaid, be Mar∣ryed before the Age of 12 years, that then by the Marriage she shall be discharged of service, this Act or any thing therein contained to the con∣trary notwithstanding, 1 Ed. 6. 3. § 18. N. 2.

CCXII. 5 & 6 Ed. 6. 2. § 1. N. 2. Be it Enacted,* 157.213 &c. that as well the Statute, &c. (viz. 22 H. 8. 12.) as also the Statute, &c. (viz. 3 & 4 Ed. 6. 16.) and every Article, Clause, Branch, Sentence, and other thing con∣tained in them, and in every of them, other then such things as shall be by this present Act, ordained and provided for, shall stand remain and be in their full force and effect, and shall be from henceforth justly and truly put in Execution, according to the true meaning of the said several Statutes and every of them.

CCXIII. 5 & 6 Ed. 6. 2. § 2. N. 1. And further be it Enacted,* 157.214 &c. that yearly one Holyday in Whitsunday week in every City, Borough and Town-Corporate, the Mayor, Bailiffs, or other head Officers for the time being, and in every other Parish of the Country, the Parson, Vicar or Curate, and the Church-wardens, having in a Register book, as well all the Names of the Inhabitants and Householders, as also the Names of all such Impo∣tent, Aged and Needy persons, as being within their City, Borough, Town-Corporate or Parish, are not able to live of themselves, shall openly in the Church, and quietly after Divine Service, call the said Householders and Inhabitants together.

CCXIV. 5 & 6 Ed. 6. 2. § 2. N. 2. Among whom the Mayor,* 157.215 and two of his Brethren in every City, the Bailiffs, or other Head-Officers, in Bo∣roughs and Towns-Corporate; The Parson, Vicar or Curate, and Church-war∣dens in every other Parish, shall elect nominate and appoint yearly two able

persons or more, to be Gatherers and Collectors of the charitable Alms of all the residue of the People, for the releif of the Poor.

* 157.216CCXV. 5 & 6 Ed. 6. 2. § 2. N. 3. Which Collectors, the Sunday next after their Election, (or the Sunday following if need require) when the people is at the Church and hath heard Gods holy Word, shall gently ask and demand of every man and woman, what they of their charitable Will, will be contented to give weekly to the releif of the Poor, and the same to be written in the said Register or Book.

* 157.217CCXVI 5 & 6 Ed. 6. 2. § 2. N. 4. And the Gatherers so being elected and chosen, shall justly gather and truly distribute the same charitable Alms, weekly by themselves or their Assigns, to the said poor and impotent persons, of the said Cities, Boroughs, Towns Corporate or Parishes, without Fraud or Covin, Favour or Affection.

* 157.218CCXVII. 5 & 6 Ed. 6. 2. § 2. N. 5. And after such sort that the more Impotent may have the more help, and such as can get part of their living to have the less, and by the discretion of the Collectors, to be put in such labor as they be fit and able to do.

* 157.219CCXVIII. 5 & 6 Ed. 6. 2. § 2. N. 6. But none to go or sit openly a beg∣ging, upon pain limited in the foresaid Statutes, (viz. 22 H. 8. 12. & 3 & 4 Ed. 6. 16.

* 157.220CCXIX. 5 & 6 Ed. 6. 2. § 3. N. 1. Be it also Enacted, &c. that no person or persons, so elected, nominated and appointed, to be Gatherer or Gatherers, as is aforesaid, shall refuse the said Office, but shall justly and tru∣ly execute the same, by the space of one whole year next ensuing, upon pain of forfeiting 20 s. to the Alms box of the Poor, to be levyed by the Church-wardens where they or he dwelleth, of the Goods of the said Gatherer or Gatherers.

* 157.221CCXX. 5 & 6 Ed. 6. 2. § 4. H. 1. And further be it Enacted, &c. that the said Gatherers or Collectors shall make their just Account Quarterly, to the Mayor of the City, Bailiffs or Head-Officers, of the Borough or Town Corporate, and in every Parish of the Country, to the Parson, Vicar or Cu∣rate, and Church-wardens of the Parish.

* 157.222CCXXI. 5 & 6 Ed. 6. 2. § 4. N. 2. At which Account, such of the Pa∣rish as will may be present.

* 157.223CCXXII. 5 & 6 Ed. 6. 2. § 4. N. 3. And when they go out of their Of∣fice, they shall deliver or cause to be delivered, forthwith upon the end of their Accounts, all such Surplusage of Mony as then shall remain of their Collections undistributed, to be put in the common Chest of the Church, or in some other safe place, to the use of the Poor, at the oversight and discretion of the said Mayor, or other the Officers before mentioned.

* 157.224CCXXIII. 5 & 6 Ed. 6. 2. § 4. N. 4. And if the said Collectors or any of them, do refuse to 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.

* 157.225CCXXIV. 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 Cu∣rate, and Church-wardens of the Parish where he dwelleth, shall gently ex∣hort him or them towards the releif of the Poor.

* 157.226CCXXV. 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,* 157.227 &c. that whereas the late King of Fa∣mous Memory, King Henry the eighth, by his several Erections and foun∣dations 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 Ex∣amine how and after what manner the mony is bestowed, and to call to ac∣count the Parties which retain the said mony, so that it may appear the same is distributed to the Poor, according to the Kings Majesties foun∣dation.

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,* 157.228 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,* 157.229 7 Ed. 6. 11. § 11. N. 4.

CCXXIX. 5 & 6 Ed. 6. 21. Forasmuch as it is evident, that Tinkers,* 157.230 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,* 157.231 &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 com∣pass, as shall be to him or them Assigned, by two Justices of Peace,* 157.232 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,* 157.233 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,* 157.234 &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 Sta∣tutes, and either of them.

* 157.235CCXXXIV. 2 & 3 Ph. & Mar. 5. § 3. N. 1. And further be it Enact∣ed, &c. that yearly on some one Holyday, in the Christmas, in every City, Borough and Town-Corporate, the Mayor, Bailiffs, and other Head-Of∣ficers 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 with∣in 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.

* 157.236CCXXXV. 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 per∣sons with which they be surcharged.

* 157.237CCXXXVI. 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 as many of the said Poor folks, as by their discretion they shall think good, a sufficient Licence under the seal appointed for the limit to go abroad to beg, get and receive the Charitable Alms of the Inhabitants of the Country, out of the said Pa∣rishes, Cities and Towns so charged.

* 157.238CCXXXVII. 2 & 3 Ph. & Mar. 5. § 7. N. 3. In which Licence the places Towns and Parishes, to which such Poor folks are by that License, Licensed to resort, shall in the same License be named, limited and appointed, be it one Hundred or more in the said County at the said discretion of the same Justices.

* 157.239CCXXXVIII. 2 & 3 Ph. & Mar. 5. § 7. N. 4. And if any of the said Poor folks, so Licensed, shall transgress the limits to them appointed, and resort, to beg at other places than is in the said License named, the party so transgressing and offending to be taken for a Valiant Begger, and punished according to the Statute, &c. (viz. 22 H. 8. 12.) and his or their License to be taken from them.

* 157.240CCXXXIX. 2 & 3 Ph. & Mar. 5. § 8. N. 1. And be it further Enacted that where any of the said Cities, Boroughs, Towns-Corporate or Parish, so surcharged, is situate and standing in one County or two Counties of this Realm, or situate and standing in one, and immediatly adjoyning to ano∣ther County of the Realm, as the City of Bristow, and Towns of Ludlow and Stanford stand, that in those Cities the said Mayor, Head-Officers, and Inhabitants of every such City, Borough, Town-Corporate and Parish, shall make Certificate unto the Justices of the said Counties adjoyning to the same Cities, Boroughs, Towns-Corporate and Parishes, and the same Justices of the said adjoyning County or Counties, to do, give License and follow the order above remembred according as other Justices of the Counties, in which the Parish surcharged standeth, is limited and Au∣thorized to do.

CCXL. 2 & 3 Ph. & Mar. 5. § 9. N. 1. And be it Enacted,* 157.241 that in all Cities, Boroughs and Towns-Corporate, within which be divers Parishes, the Mayors, and Head-Officers, of every the same Cities, Boroughs and Towns-Corporate, shall consider the state and Ability of every such Pa∣rish, and if the same Mayor and Officers, shall understand by their dis∣cretion, that the Parishioners of every one of the said Parishes, is of such Wealth and Honor, that they have no poverty amongst them, or be able sufficiently to releive the poverty of the Parish, where they inhabit and dwell, and also to help and succor poverty elsewhere further, that then the said Mayor and Officers, with the assent of two of the most honest of the Inhabitants, and substantial of every such wealthy Parish, shall consider the neediness of the Inhabitants of the other Parish or Parishes, within the same City or Town-Corporate, and move, induce and perswade the Pa∣rishioners of the Wealthier Parish, Charitably to contribute somewhat ac∣cording to their ability towards the Weekly relief, succor and consolation of the poor and needy, within the other Parish or Parishes aforesaid where need is.

CCXLI. 2 & 3 Ph. & Mar. 5. § 10. N. 1. And be it also Enacted that all and every such Poor folks, as by any such License,* 157.242 are to be Licensed and authorized, to resort out of the limits, liberties and franchises of all and every such City, Borough and Town-Corporate, into any the said Counties to beg, get and gather the Charitable Alms of good people, shall at all times when the same go abroad to beg, weare openly upon him or them, both on the breast and the back, of his or their uttermost Gar∣ment, some notable Badge or Token to be assigned unto him, by the Mayor or Head-Officers of the same City, Borough and Town-Corporate or Pa∣rish, with the assent of the Justices of Peace, that shall grant the same Li∣cense, upon pain to be taken for a valiant begger, and to be punished as afore is remembred, and shall also carry his License with him upon like pain.

CCXLII. 2 & 3 Ph. & Mar. 5. § 10. N. 2. This act to endure to the latter end of the first Session of the next Parliament,* 157.243 1 Eliz. 18. § 3. N. 5.

CCXLIII. 2 & 3 Ph. & Mar. 5. § 12. N. 1. Provided always and be it Enacted,* 157.244 &c. that all and every summ and summs of mony from hence∣forth to be collected or gathered within the City of London, or the liber∣ties of the same by vertue of this Act, shall be paid over to the Gover∣nors of the Hospital, called the Hospital of Christ-Church, within the said City of London, for the time being, and shall be by them from time to time distributed and bestowed, for the relief of the Poor of the said City, ac∣cording to their Wisdoms and discretions, any thing in this Act mentioned to the contrary notwithstanding, 14 Eliz. 5. § 27. N. 1.

CCXLIV. 5 Eliz. 3. § 1. N. 2. Be it Enacted, &c. that the Statute,* 157.245 &c. (viz. 22 H. 8. 12.) and also the Statute, &c. (viz. 3 & 4 Ed. 6. 16.) and every Article, Clause, Branch, Sentence, and other things contained in them, and either of them, other then such things as shall be by this present Act, otherwise ordained and provided for, shall stand and remain and be in their full force and effect, and shall be also from henceforth justly and truly put in Execution, according to the true meaning of the said several Statutes and every of them, 14 Eliz. 5. § 1. N. 6.

CCXLV. 5 Eliz. 3. § 2. N. 7. And if the said Mayors, Bailiffs,* 157.246 Head-Officers, Parson, Vicar, Curate and Church-warden, or any of them, fail in the doing and Executing of the premisses in form above declared (viz. 2 & 3 Ph. & Mar. 5. § 3.) he or they so making default, to forfeit for every such default 40 s. to be imployed to the use of the Poor of that Parish,

where he or they do inhabit to be levyed by the Collectors of the same Parish by way of distress or otherwise, as is appointed by this Act for levying of like forfeitures.

* 157.247CCXLVI. 5 Eliz. 3. § 3. N. 2. (viz. None shall refuse but justly Execute, Office of Gatherer, &c.) upon pain to forfeit 10 l. the one moity thereof to the Church-wardens of the Parish, where he or they shall be Elected Col∣lector, and the other moity thereof to the use and relief of the poor of the said parish, to be levyed by the Church-wardens, where they or he dwel∣leth, of the Goods of the said Gatherer, &c. so refusing, by distress or else by action of Debt, Bill, Plaint or Information, to be brought or pursued by the said Church-wardens of the said parish where they shall dwell, in any Court of Record, or in the Court of any Lord of any Mannor with∣in the said parish, where the said Gatherer shall be so chosen, in which suit no protection or wager of Law shall be allowed or admitted for the party defendent.

* 157.248CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted, &c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given, shall not sue or take the remedy for the recovery thereof, in such manner and form as before this present Act is limited and appointed, that then the same Church-wardens so making default of suit, shall forfeit and lose 20 l. of Lawful mony of England, the one moity thereof to him or them that will sue for the same by action of debt, bill, plaint or informati∣on in any Court of Record, or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell, and the other moity to the use of the Poor of the said parish, in which suit no Essoyn, Protection or wager of Law shall be admitted or allowed for the party de∣fendent.

* 157.249CCXLVIII. 5 Eliz. 3. § 5. N. 2. Be it Enacted, &c. that every Parson, Vicar, Curate or Minister, of every parish within this Realm, shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church, give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following, to come to the Church, and there to elect and chuse Collectors, and Gatherers for the Poor, according to the tenor of this Act.

* 157.250CCXLIX. 5 Eliz. 3. § 5. N. 3. And if the Parson, Vicar, Curate or Mini∣ster shall make default in giving of the said knowledge, that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church.

* 157.251CCL. 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures.

* 157.252CCLI. 5 Eliz. 3. § 6. N. 1. And further be it Enacted, &c. that the said Gatherers or Collectors for the Poor, so to be chosen as is aforesaid, shall make their Just account Quarterly to the Mayors, or Chief-Officers of the said Cities, Boroughs and Towns Corporate, and in every Parish of the said Country, to the Parson, Vicar or Curate, and Church-wardens of the Parish, at which account such of the Parish as will may be pre∣sent.

* 157.253CCLII. 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their ac∣counts all such surplusage of mony, as then shall remain of their Collecti∣on undistributed, to be put in their Common Chest of the Church, or in some other safe place, to the use of the Poor, at the oversight and dis∣cretion

of the Mayor, Officers, and others before mentioned.

CCLIII. 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same,* 157.254 then the Bishop of the Diocess or the Ordinary of the place, Chancellors or their Commissaries, together with a Justice of Peace and the Church-wardens of the said parish, or one of them shall have Authority by vertue of this Act, upon complaint to them made, to commit the said person or persons so refusing, to Ward, there to remain without Bail or mainprise, until he or they so refusing shall make their said accounts before such persons as the said Bishop, Ordinary, Chancellors or Commissaries and Justices of Peace shall appoint, and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged.

CCLIV. 5 Eliz. 3. § 7. N. 3. And if the person or persons,* 157.255 so sent for (viz. 5 & 6 Ed. 6. 2. § 5. N. 2.) of his or their froward or wilful mind, shall obstinately refuse to give weekly for the relief of the poor, according to his or their abilites, that then the Bishop or Ordinary of the Diocess, Chancellors or Commissaries, shall have full power and Authority by ver∣tue of this Act, to bind the said obstinate and wilfull persons so refusing, unto the Queen by recognizance in the the summ of 10 l. which conditi∣tion thereupon to be Indorsed, that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County, where the same person shall then inhabit and dwel, if it be out of any City, Bor∣ough or Town-Corporate, and if it be within any City, Borough or Town-Corporate, then before the Mayors, Bailiffs, or other Head-Officers of e∣very such City, Borough or Town-Corporate, at the next General Sessi∣ons, to be holden before the said Justices, within the said County, or at the next Court to be holden before the said Mayors, Bailiffs, or other Head-Officers, within every such City, Borough or Town-Corporate; and that the same obstinate person shall not from thence depart, without the License of the said Justices, if he dwell out of any City, Borough or Town-Corporate, of the said Mayor, Bailiff, or other Head-Officers, if he dwel within any such City, Borough or Town-Corporate.

CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall re∣fuse to be bound as is aforesaid, that then the said Bishop, Ordinary,* 157.256 Chan∣cellor or Commissary, shall have Authority by this Act, to commit the said Obstinate person to prison, there to remain without Bail or mainprise un∣til the said obstinate person shall become bound as is aforesaid.

CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted,* 157.257 &c. that the said Justices, or such of them, as shall be at the said Sessions, or the Mayor, Bailiffs, or other Head-Officers, of every such City, Borough or Town-Corporate, if the said obstinate person do appear before them, shall Chari∣tably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish, where he or she inhabiteth and dwelleth.

CCLVII. 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same,* 157.258 and will not be perswaded therein by the said Justices, Mayor, Bailiff, or other Head-Officers, that then it shall and may be lawful to and for the said Justices, if it be out of any City, Borough or Town-Corporate, for the Mayor, Bailiff, or other Head-Officers of the same City, Borough or Town-Corporate, with the Church-wardens, where the said obstinate person shall inhabit or one of them, to sesse, tax and limit upon every such obstinate person so refusing, according to their Good dis∣cretions, what sum the said obstinate person shall pay weekly towards the relief of the Poor within the said Parish, where he or she shall inhabit and dwel.

* 157.259CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited, tax∣ed and appointed, then the said Justices of Peace, or two of them, whereof one to be of the Quorum, or the said Mayor, Bailiff, or other Head-Offi∣cers of every such City, Borough or Town-Corporate, shall have full pow∣er and Authority by vertue of this Act, upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell, to commit the said obstinate person and persons so refusing to pay, to Prison to the next Goal, there to remain without Bail or mainprise, till he or they have paid the said summ so ap∣pointed taxed and limited, together with the Arrears thereof, if any such shall fortune to be.

* 157.260CCLIX. 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace, shall fail to appoint a day and time for inspection of the said poor, and examina∣tion of the said Certificators (viz. 2 & 3 Ph. & Mar. 5. § 7. N. 4.) with∣in one month next ensuing the day of the receit of the said certificate, or shall grant or give License to any person or persons, so certified to go a∣broad and beg, before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified, that the said poor persons for age impotence or sickness in their Consci∣ences and to their knowledge are not able by any work or labor, to earn them necessaries, meat, drink and cloth, and the same deposition put in writing, subscribed or marked by the persons deposed, to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes, within the said County where the said Justices dwell, at the over∣sight and appointment of the Bishop, or his Chancellor of the same Dio∣cess, to be levyed in sort and form as other forfeitures in this Statute are ap∣pointed.

* 157.261CCLX. 5 Eliz. 3. § 11. N. 1. And be it further Enacted, that where any the said Cities, Boroughs, Towns-Corporate, or Parish so charged, is Situate and standing in one County, or two Counties, of this Realm, or Situate and standing in one and immediatly adjoyning to another County of the Realm, as the City of Bristol, and the Town of Ludlow and Stan∣ford stand, that in those Cites, the Parson, Vicar and Curate of the said Parish, and the said Mayor, Head-Officers and Inhabitants of every such City, Borough, Town-Corporate, and Parish, shall make certificate unto the Justices of the said Counties adjoyning to the same Cities, Boroughs, Towns-Corporate and Parishes, and the same Justices of the said adjoyning County or Counties, to do, give License and follow the order above re∣membred, according as other Justices of the Counties in which the Parish sur∣charged standing is limited and Authorized to do, 2 & 3 Ph. & Mar. 5. § 8. N. 1.

* 157.262CCLXI. 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament, 13 Eliz. 25. § 12. N. 2.

* 157.263CCLXII. 5 Eliz. 3. § 16. N. 1. Provided always and be it further En∣acted that the Curate, Minister, or Reader, together with the Wardens of every Chappel of Ease, and where no Wardens are, the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chap∣pel of Ease for hearing divine service, the same inhabitants to be nominated and chosen by the same Curate, Minister or Reader.

* 157.264CCLXIII. 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute, shall do, execute, perform and be lyable to all and every such ordinance, clause, article, sentence and penalties, specified and con∣tained in this present Act, for and towards the releif of the poor, in like

manner and form as the Vicar, Curate, Church-wardens and Collectors of every Parish Church, shall, may or ought to do by force of this Act, ac∣cording to the purport and true meaning of the same, and not be compel∣able to come or resort to their Parish Church, for the same only purpose or intent, any thing in this Act before specified to the contrary notwith∣standing.

CCLXIV. 5 Eliz. 3. § 17. N. 1. Provided also that this Act,* 157.265 or any thing therein contained, shall not in any wise extend or be prejudical to any Gift, Legacy, Conveiance or Assignment of any manner of Lands, or other profit heretofore Given, Assigned or Bequeathed to the relief of the Poor, reparation of Highways or Bridges, upon any manner of condition, but that the same shall be imployed, converted, bestowed and accounted for in such manner and form, and upon such condition as the same lawfully was or ought to be before the making of this Act.

CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover,* 157.266 (viz. Beside 1 & 2 Ph. & Mar. 4.) be it Enacted, &c. that all, &c. which, &c. shall be seen or found within this Realm of England or Wales, in any Company or Fellowship of Vagabonds, commonly called, &c. Aegyptians or counter∣feiting, &c. Aegyptians, and that shall or do continue and remain in the same, either at one time or at several times, by the space of one month, &c. shall by vertue of this Act be deemed and Judged a Felon, &c.

CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof (viz. Of a Meason de Dieu, &c.) be it Enacted,* 157.267 &c. that the said Robert Earl of Leicester, his Heirs, Excutors or Assigns, at his or their Wills and Pleasures, shall have full power, strength, license and lawful Authority, to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick, or else within the said Town of Kenel∣worth, at his or their choice and election, for the finding, sustentation and relief of poor, needy and impotent people, to have a continuance for ever.

CCLXVII. 14 Eliz. 5. Where all the parts of this Realm, and Wales,* 157.268 be presently with Rogues, Vagabonds and Sturdy Beggers, exceedingly pestered, by means whereof daily happeneth in the same Realm horrible Murders, Thefts, and other great Outrages, to the high displeasure of Almighty God, and to the great annoiance of the common-weal, 35 Eliz. 7. § 24. N. 1.

CCLXVIII. 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by rea∣son of numbers of Laws concerning the premisses standing in force to∣gether.* 157.269

CCLXIX. 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute,* 157.270 &c. (viz. 22 H. 8. 12.) and one other Act, &c. (viz. 3 & 4 Ed. 6. 16.) and one other Act, &c. (viz. 5 Eliz. 3.) and every Branch, Article, Clause and Sentence in them and every of them contained, shall be from and after the Feast of Saint Bartholomew the Apostle, next coming, utterly void, frust∣rate and of none effect.

CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted,* 157.271 &c. as well for the utter suppressing of the said outragious enemies to the common-weal, as for Charitable relieving of the aged and impotent poor people in manner and form following.

CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and per∣sons, whatsoever they be, being above the age of fourteen years,* 157.272 being here∣after set forth by this Act of Parliament, to be Rogues, Vagabonds or sturdy Beggers, and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm, or taken Vagrant wandring and misordering themselves contrary to the purport of

this present Act of Parliament in any part of the same, shall upon their apprehension be brought before one of the Justices of the Peace, or Mayor, or Cheif-Officers of Cities, Boroughs or Towns-Corporate, within the County, City, Borough or Town-Corporate where the Apprehension shall happen to be.

* 157.273CCLXXII. 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer, to be presently committed to the common Goal of the said County, being apprehended within the County, or else such other place as by the Justices of Peace of that County or three of them, at any their general Sessions shall be appointed.

* 157.274CCLXXIII. 14 Eliz. 5. § 2. N. 4. And if he be taken within any City, Borough or Town-Corporate, then to be committed to the said City, Borough or Town Corporate,

* 157.275CCLXXIIII. 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize, until the next Sessions of the Peace or general Goal-Delivery for the said Shire, City, Borough or Town-Corporate to be holden, which shall first happen.

* 157.276CCLXXV. 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices, to have such reasonable charges for themselves and the Prisoner from time to time, born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken, as to the discretion of the Justices of Peace present at the next Assizes, or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended, shall seem conve∣nient.

* 157.277CCLXXVI. 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery, if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life, either by Inquest of Office, or by the Testimony of two honest and credible Witnesses upon their Oaths, that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about, manifesting his or her punishment received for the same, whereof entry shall be made of Record by the Clerk of the Peace of the same Shire, in the Records of the same Sessions.

* 157.278CCLXXVII. 14. Eliz. 5 § 2. N. 8. Which Judgment shall also pre∣sently be executed, except some honest person valued at the last Subsidy next before that time, to 5 l. in Goods, or 20 s. in Lands, or else some such ho∣nest Housholder, as by the Justices of Peace of the same County, or two of them shall be allowed, will of his Charity be contented presently to take such Offender before the same Justices, into his Service for one whole year next following, and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen, to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year, and to bring him or her unto the Sessions at the years end, or then good proof of his or her death during the said year.

* 157.279CCLXXVIII. 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance, but 12 d. only.

* 157.280CCLXXIX. 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service, depart within the said year from the said Service, against the will of him that so taketh him or her into Service, that then such Rogue or Vagabond shall be whipped, and burnt through the Gristle of the right Ear with a hot Iron, as is aforesaid.

* 157.281CCLXXX. 14 Eliz. 5. § 3. N. 1. Provided always nevertheless, that if the said person so committed or to be committed, come before the next

Sessions of the Peace or the next Goal-delivery to be holden for the said Coun∣ty, or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid, for him or her for one whole year, then the said person shall not tarry in the Goal till the next Sessions, or till the next Goal delivery.

CCLXXXI. 14 Eliz. 5. § 4. N. 1. And be it further Enacted,* 157.282 that the said person or persons so marked or adjudged to be burnt as aforesaid, shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed, or adjudged to be burnt as is aforesaid, if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire, testifyng the Punishment received or Judgment given.

CCLXXXII. 14 Eliz. 5. § 4. N. 2. But if after the said punishment Ex∣ecuted, or Judgment given, the said person or persons,* 157.283 so marked or have∣ing received such Judgment, do after threescore days next after he, she or they shall be so marked, either in the same County where he or she was so marked, or having received such Judgement, or else in any other County within the said Realm of England or Wales, being of the age of Eighteen years or above, do Eftsoons fall again to any kind of Roguish or Vagabond trade of life, that then the said Rogue, Vagabond or Sturdy Begger, from thenceforth to be taken adjuged and deemed, in all respects as a Felon.

CCLXXXIII. 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive, have,* 157.284 suffer and forfeit as a Felon, except some honest person valued at the last subsidy next before that time to 10 l. in Goods, or 40 s. in Lands, or else some such honest House-holder, as by the Justices of Peace of the same County or two of them, shall be allowed of meer Charity, will be content∣ed before such Justices, as the said Vagabond is or shall be arrained of Fe∣lony, to take him or her into his service for two whole years, then next following, and then before the same Justices, will then presently put in Bond by Recognizance of 10 l. to be levyed of his Lands, Tenements, Goods and Chattels, to the use of our said Soveraign Lady, If he keepeth not the said offender in his service for two whole years, and bring him or her unto the Sessions at the said two years end, or good proof of his or her Death.

CCLXXXIV. 14 Eliz. 5. § 4. N. 4. And if such Rogue or Vagabond,* 157.285 so taken into service, depart within the same two years, from his or her said service against the will of him that so took him or her into his service, that then such Rogue or Vagabond, shall be taken adjudged and deemed as a Felon in all respects, and shall in all degrees have, suffer and forfeit, as a Felon without allowance or benefit of Clergy or Sanctuary.

CCLXXXV. 14 Eliz. 5. § 4. N. 5. And if such Rogue or Vagabond,* 157.286 after 40. days next after he or she shall be two several times taken into ser∣vice as is aforesaid, do either in the said County or elsewhere Eftsoons the third time, fall again to a kind of Roguish or Vagabond trade of life, that then such Rogue or Vagabond, shall be adjudged and deemed for a Felon and suffer pains of Death, and loss of Lands and Goods, as a Felon without allowance or benefit of Clergy or Sanctuary.

CCLXXXVI. 14 Eliz. 5. § 5. N. 1. And for the full expressing what person and persons, shall be intended withing this branch, to be Rogues,* 157.287 Vagabonds and Sturdy Beggers, to have and receive the punishment afore∣said for the said lewde manner of life.

CCLXXXVII. 14 Eliz. 5. § 5. N. 2. It is now published,* 157.288 &c. that all and every such person and persons, that be or utter themselves to be Pro∣ctors or Procurators, going in or about any Country or Countries, within this Realm, without sufficient Authority, derived from or under our Soveraign Lady the Queen.

* 157.289CCLXXXVIII. 14 Eliz. 5. § 5. N. 3. And all other Idle persons, going about in any County of the said Realm, using subtile, crafty and unlawful games or plays, and some of them feigning themselves to have knowledge in Phisnomy, Palmistry, and other abused Sciences, whereby they bear the people in hand they can tell their Destinies, Deaths, and Fortunes, and such other like fantastical Imaginations, 22 H. 8. 12. § 6. N. 2.

* 157.290CCLXXXIX. 14 Eliz. 5. § 5. N. 4. And all and every person and per∣sons, being whole and mighty in body and able to labor, having not Land nor Master, nor using any lawful Merchandize, Craft or Mistery, whereby he or she might get his or their living, and can give no rckoning how he or she both lawfully get his or her living.

* 157.291CCXC. 14 Eliz. 5. § 5. N. 5. And all Fencers, Bearwards, Common-players in Enterludes and Minstrels, not belonging to any Baron of this Realm, or towards any other Honorable personage of greater degree, all Inglers, Pedlers, Tinkers, and pety Chapmen, which said Fencers, Bear∣wards, Common-players in Enterludes, Minstrels, Inglers, Pedlers, Tink∣ers, and pety Chapmen, shall wander abroad and have not Licence of two Justices of Peace at the least, whereof one to be of the Quorum, where and in what Shire they shall happen to wander, 5 & 6 Ed. 6. 21. Crompt 199. b.

* 157.292CCXCI. 14 Eliz. 5. § 5. N. 6. And all Common Laborers, being per∣sons able in body, using loytering and refusing to work for such reason∣able wages as is taxed and Commonly given in such parts, where such per∣sons do or shall happen to dwel.

* 157.293CCXCII. 14 Eliz. 5. § 5. N. 7. And all Counterfeiters of Licence, Pas∣ports, and all users of the same, knowing the same to be Counterfeit.

* 157.294CCXCIII. 14 Eliz. 5. § 5. N. 8. And all Scholars of the Universities of Oxford or Cambridge, that go about Begging, not being authorized un∣der the Seal of the said Universities, by the Commissary, Chancellor or Vice-Chancellor of the same, 12 Ric. 2. 7. § 1. N. 4.

* 157.295CCXCIV. 14 Eliz. 5. § 5. N. 9. And all Shipmen pretending losses by Sea, other then such as shall be hereafter provided for.

* 157.296CCXCV. 14 Eliz. 5. § 5. N. 10. And all persons delivered out of Goals that Beg for their their Fees, or do travail to their Countries or Friends, not having Licence from two Justices of the Peace of the same County where he or she was delivered,

* 157.297CCXCVI. 14 Eliz. 5. § 5. N. 11. Shall be taken, adjudged and deemed Rogues, Vagabonds, and sturdy Beggers, intended of by this present Act.

* 157.298CCXCVII. 14 Eliz. 5. § 5. N. 12. Together with all and every such o∣ther person and persons, as shall be hereafter for altering and breaking of such Good Orders, as in the second part of this present Act shall be E∣stablished for the relief of the aged and impotent Poor people, set forth and declared to be Vagabonds.

* 157.299CCXCVIII. 14 Eliz. 5. § 6. N. 1. And further be it Enacted, that if any person or persons, after the said Feast of Saint Bartholomew, give any Harborough, Mony or Lodging, or any other relief to any Rogue, Va∣gabond or sturdy Begger, either marked as before, or not marked not hav∣ing such a Licence as is before recited, from two Justices of the Peace, then in Continuance, and that duely proved before the Justices of Peace at their Quarter Sessions, shall make such fine to the Queens Majesty, as by the discretions of the said Justices or the more part of them at the Gene∣ral Sessions shall be assessed, so as the same exceed not 20 s. West. Symb. 2 part 127. b. Sect. 194.

* 157.300CCXCIX. 14 Eliz. 5. § 6. N. 2. And also if any person or persons

do disturbe or let the Execution of this Act, in any manner of wise, or make rescouse against any Mayor, Bailiff or other person that shall en∣deavour himself for or about the due Execution hereof, shall forfeit and lose 5 l. and over that shall have Imprisonment at the Queens Majesties pleasure.

CCC. 14 Eliz. 5. § 7. N. 1. Provided always that this Act,* 157.301 nor any thing herein contained, shall not extend to make any person or persons, Accessary or Accessaries, to the Felonies made by this Statute, nor that any attainder by any the Felonies aforesaid shall work or be any corruption of blood in the Issues or line of the person attainted.

CCCI. 14 Ed. 5. § 8. N. 1. Provided also that it shall be still law∣ful to all Masters and Governors of the Hospitals,* 157.302 to lodge or Harbor any impotent or aged person or persons, of Charity or Alms, according to their foundation, and to give Mony in Alms, in as large manner as they are bound to do by their foundation to any such aged or impotent person, any thing herein contained to the contrary in any wise notwithstand∣ing.

CCCII. 14 Eliz. 5. § 9. N. 1. Provided always that Ship-men and Souldiers having Licence of the next two Justices of the Peace,* 157.303 to the place where they first hapned to Land, or where they first entred into this Realm, shall and may pass according to the purport of their Licence, and intent of this Act of Parliament, any thing herein contained to the contrary in any wise notwithstanding.

CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty,* 157.304 or be of any manner force, but only in the Shire, whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace.

CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licen∣ced will have any further passage, without the danger of this law,* 157.305 than the Shire where his first Licence is granted, it shall be lawful for him to pro∣cure and get in every other Shire, where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire, and so from Shire to Shire, to the end of his Journy.

CCCV. 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act,* 157.306 nor any thing therein contained, do in any wise extend to any Cockers or Har∣vest Folks that travail into any Country of this Realm, for harvest work, either Corn Harvest, or Hay-Harvest, if they do work and labor accord∣ingly.

CCCVI. 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way.* 157.307

CCCVII. 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men,* 157.308 that be of honest behavior, that be turned from their Masters, or whose Master or Mistres shall be dead, for the space of six months next after such turning away, or death of such Master or Mistres, so as every such Ser∣ving-man hath a testimonial from his Master or Mistres, or from two Justices of the Peace of the same County, declaring such turning away, or such death of his Master or Mistres.

CCCVIII. 14 Eliz. 5. § 11. N. 1. Provided always that it shall be law∣ful to the Lord Chancellor or Lord Keeper of the Great Seal of England,* 157.309 for the time being, to make Licence under the said Great Seal, as heretofore hath been accustomed, and that the said Licence and Licences, shall as larg∣ly extend as the contents of them will bear, any thing herein to the contra∣ry in any wise notwithstanding.

CCCIX. 14 Eliz. 5. § 12. N. 1. Provided always and be it further En∣acted,* 157.310 &c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct, Pasport or Licence made

and granted, or to be made and granted, by the Lord Deputy of Ireland, or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile, for time being, or any other Chief Captain or Governor, of any Castle or Fortress of the Queens Majesties, or by any other in his or their absence, having the said charge of the said Towns and Garrisons, or by any of the Guardians of the three Marches towards Scotland, or by any Ge∣neral, Lieutenant, or other Chief-Officer, appointed by the Queens Ma∣jesty, to have the charge and conduct of any Army, Garrison or Power of men, levyed or to be levyed by her Highness order and appointment, and for the special service and affairs of Her Majesty, her Heirs or Suc∣cessors, or by any Private Captain, upon the dispersing of any Army on∣ly to any Souldier or Souldiers, or any other person or persons whatsoever within this her Realms of England, and Ireland, passing by vertue there∣of about his or their lawful business and affairs, but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner, and form, as here∣tofore hath been used and accustomed, any thing in this present Act men∣tioned to the contrary in any wise notwithstanding.

* 157.311CCCX. 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained, shall not in any wise extend to the punish∣ment of any such person or persons, as by this Statue are limited for Rogues, unless the same be of the age of fourteen years or above, but that they and e∣very of them under the age, shall be punished with whipping or stocking, as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed, this Act, or any thing therein con∣tained to the contrary hereof in any wise notwithstanding.

* 157.312CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted, &c. that if within any Town or Parish, where any such Vagabond or Rogue, shall happen to beg or make his abode contrary to the form of this Statute, if the Constable or Tything-men, be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue, which there shall beg or make abode contrary to the form in this Statute limited, or shall willingly suffer the said Vagabond or Rogue, to escape from the pu∣nishment or order in this Statute prescribed, that then the said Constable or Tything-men in whom such default shall be, shall lose and forfeit for every such Vagabond and Vagrant person, that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute, 6 s. 8 d.

* 157.313CCCXII. 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor, Aged and Impotent persons, should as necessarily be provided for, as the said Rogues, Vagabonds and sturdy Beggers repressed, and that the said aged, impotent and Poor people, should have convenient Habi∣tations, and abiding places, throughout this Realm, to settle themselves upon, to that end, that they nor any of them should hereafter beg or wan∣der about.

* 157.314CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted, &c. that the Justices of Peace, of all and singular the Shires of England and Wales, with∣in the limits of their Commissions, and all other Justices of the Peace, Ma∣yors, Sheriffs, Bailiffs, and other Officers, and all and every City, Bo∣rough, Riding and Franchise, within this Realm, whereof they be Justices of the Peace, within the limits of their Authority, shall at or before the said Feast of Saint Bartholomew next coming, divide themselves, and so being divided, shall within every of their several divisions and Authorities make diligent search and enquiry, of all Aged, Poor, Impotent and decay∣ed persons, born within their said divisions and limits, or which were

there dwelling within three years next before this present Parliament, which live, or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Com∣missions and Authorities.

CCCXIV. 14 Eliz. 5. § 14. N. 4. And shall upon that search made,* 157.315 make a Register-Book containing the Names, and Surnames of all such Aged, Decayed and Impotent Poor people, as be within their said limits and Authorities, which shall always remain with the said Justices, Mayors, Bailiffs, or other Head-Officers, or any one of them.

CCCXV. 14 Eliz. 5. § 14. N. 5. And when the number of the said Poor people, forced to live upon Alms, be by that means truely known,* 157.316 then the Justices, Mayors, Sheriffs, Bailiffs and other Officers, shall within like convenient time, devise and appoint, within every of their several divisi∣ons, meet and convenient places by their discretions to settle the same Poor people, for their Habitations and abidings, if the Parish within the which they shall be found shall not or will not provide for them.

CCCXVI. 14 Eliz. 5. § 14. N. 6. And shall also within like convenient time number all the said Poor people within their said several limits,* 157.317 and thereupon having regard to the number set down, what portion the week∣ly charge towards the relief and sustentation of the said Poor people, will amount unto within every their said several divisions and li∣mits.

CCCXVII. 14 Eliz. 5. § 14. N. 7. And that done they the said Justices,* 157.318 Mayors, Sheriffs, Bailiffs, and other Officers, within every their several Commissions, Authorities, Divisions and limits, shall by their good dis∣cretions, Tax and assesse all and every the Inhabitants, dwelling in all and every City, Borough, Town, Village, Hamlet and Place, known within the said limits and divisions, to such weekly charge, as they and every of them shall weekly contribute towards the relief of the said Poor peo∣ple.

CCCXVIII. 14 Eliz. 5. § 14. N. 8. And the names of all such Inhabi∣tants Taxed, shall also enter into the said Register-Book,* 157.319 together with their Taxation.

CCCXIX. 14 Eliz. 5. § 14. N. 9. And also shall by their discretions within every their said divisions and limits, appoint to see Collectors,* 157.320 for one whole year to be appointed of the said weekly portion, which shall Collect and gather the said proportion, and make delivery of so much thereof, according to the discretion of the said Justices, Mayors, Sheriffs, Bailiffs, and other Officers, to the said Poor people, as the said Justices, Mayors, Sheriffs, Bailiffs, and other Officers shall appoint them.

CCCXX. 14 Eliz. 5. § 14. N. 10. And also shall appoint Overseers of the said Poor people, by their discretions,* 157.321 to continue also for one whole year.

CCCXXI. 14 Eliz. 5. § 14. N. 11. And if they do refuse to be Over∣seers, then every of them so refusing,* 157.322 to forfeit 10 s. for every such de∣fault.

CCCXXII. 14 Eliz. 5. § 15. N. 1. And be it further Enacted,* 157.323 &c. that the Mayor of the City of London, and the Mayor, Sheriffs, Baliffs, and other Head-Officers, of every other City, Borough or Town-Cor∣porate, or his or their sufficient Deputy or Deputies, within their Cities, Boroughs and Towns-Corporate, and the Constables or Tythingmen, of all and every Hundred, Rape and Wapentake, within all and every such a∣biding place and places, within their Hundreds, limits and precincts, as shall be appointed to settle the Poor people in, shall once every month next after the said places so appointed be inhabited with the said Poor

people, according to the intent of this present Act of Parliament, make a view and search of all the Aged, impotent and Lame persons, within the precinct of their Jurisdictions.

* 157.324CCCXXIII. 14 Eliz. 5. § 15. N. 2. And all such person and persons, as they shall find, not being born within that division, nor within the said Cites, Boroughs or Towns-Corporate, then shall they presently see the same Poor people, not there born, nor dwelling within the said three years, (except Leprous people and Bedrid people) to be conveyed on Horse∣back, in Cart, or otherwise, as shall seem best to their discretions, to the next Constable, and so from Constable to Constable, the directest way, till the said person and persons, be brought to the place where he or she was born, or most conversant by the space of three years next before.

* 157.325CCCXXIV. 14 Eliz. 5. § 15. N. 3. And there to be put in the abiding place, or one of the abiding places of that County, appointed or to be ap∣pointed for the Habitation of the Poor people of that County, there to be provided, kept and nourished of Alms, as is aforesaid, upon pain of 20 s. every of the said Officers that is neglecting.

* 157.326CCCXXV. 14 Eliz. 5. § 16. N. 1. And be it further Enacted, &c. that if any of the said Poor people, upon the appointment of the said Justices, or other Officers refuse to be bestowed in any of the abiding places before mentioned, but covet still to hold on their trade of Begging, or after they be once bestowed in the said abiding place or places, do depart and beg, then the said person or persons so offending, for the first offence to be accounted a Rogue or Vagabond, in the first degree of punishment, set forth by this Act in all points.

* 157.327CCCXXVI. 14 Eliz. 5. § 16. N. 2. And if he, she or they do the second time offend, they to be esteemed as a Rogue or Vagabond, in the last de∣gree of punishment set forth by this Act in all points.

* 157.328CCCXXVII. 14 Eliz. 5. § 17. N. 1. And it is further Enacted, &c. that if any manner of person or persons, appointed and Elected to be Collectors, as is aforesaid, shall refuse the said Office, or shall after he hath agreed to it neglect the same, he shall forfeit and lose for every offence to the use of the Poor of the same place, 40 s. of lawful mony of England, to be levy∣ed by distress, or recovered by Action, Bill, Plaint or Information, in any Court of Record, or Lords Court, by the High-Constables or Tything-men aforesaid, in which suit no Essoyn, Protection nor Wager of Law shall be allowed or admitted to the party Defendent.

* 157.329CCCXXVIII. 14 Eliz. 5. § 17. N. 2. And if the said High-Constables shall be remiss or negligent to sue, or shall refuse to sue the said Collectors, and every of them, within two months next after such refusal or negligence in or by the said Collector, that then the said High-Constables or Tything-men, shall forfeit and lose 5 l. of lawful mony of England, to the use of the Poor of the same place.

* 157.330CCCXXIX. 14 Eliz. 5. § 17. N. 3. To be sued for, by and in the name of two of the next Justices of the said place or places, being out of the Cities, Boroughs and Towns Corporate.

* 157.331CCCXXX. 14 Eliz. 5. § 17. N. 4. If within, then by Mayor, Bailiffs, or other Head-Officers of the said Cities, Boroughs or Towns-Corporate, in any Court of Record, or Lords Court, by Action of Debt, Bill, Plaint or Information, in which no Essoyn, Protection or Wager of Law shall be allowed.

* 157.332CCCXXXI. 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen, as is aforesaid, shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places, not

being within any City, Borough or Town-Corporate, or to the Mayor, Sheriffs, or other Chief-Officers of the said Cities, Boroughs or Towns-Cor∣porate.

CCCXXXII. 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices,* 157.333 they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering, as shall then remain undistributed, to be ordered by the said Justices, Mayors, Bailiffs, or other Head-Officers, upon the said pain of 10 l.

CCCXXXIII. 14 Eliz. 5. § 18. N. 4. If any such Collector shall re∣fuse to make his said account,* 157.334 or neglect the same by the space of fourteen days after request to him therefore made, then the said two Justices, or one of them to commit the said Collector to the next Goal for the said County, there to remain without Bail or mainprise, till he have made his said account, and immediate payment and delivery of all such surplusages as he hath received.

CCCXXXIV. 14 Eliz. 5. § 19. N. 1. And be it further Enacted,* 157.335 that if any person or persons being able to further this Charitable work, will obstinately refuse to give towards the help and relief of the said Poor people, or do wilfully discourage others from so charitable a deed, the said obstinate person, or wilful discourager shall presently be brought before two Justices of the Peace, whereof one to be of the Quorum of the same County, to show the cause of his obstinate refusal, or wilfull discourag∣ment, and to abide such order therein, as the said Justices shall appoint, if he refuse so to do, then to be committed to the next Goal for the said Shire, there to remain until he be contented with their said order and do perform the same.

CCCXXXV. 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons, not being so diseased,* 157.336 lame or impotent, but that they may work in some manner of work, shall be by the Overseers of the said abiding place, appointed to work, if they refuse, then in form aforesaid to be whipped and stocked for their first re∣fusal, and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment.

CCCXXXVI. 14 Eliz. 5. § 21. N. 1. Provided always and be it fur∣ther Enacted, &c. that three Justices of the Peace,* 157.337 whereof one to be of the Quorum, of and with the surplusages of the said Collections and for∣feitures, (the said Poor and Impotent people satisfied and provided for,) shall by their discretions in such convenient place and places, within their said Shires, as they shall think meet, place and settle to work the Rogues and Vagabonds, that shall be disposed to work, born within their said Coun∣ties or there abiding for the most part, within the said three years, there to be holden to work by the oversight of the said Overseers, to get their livings and to live and to be sustained only upon their labor and travail.

CCCXXXVII. 14 Eliz. 5. § 22. N. 1. Be it also further Enacted,* 157.338 &c. that if any Beggers Child, being above the age of five years, and under fourteen years, being Male or Female, shall be liked of by any Subject of this Realm, of honest calling, who shall be willing to take the said Child in∣to service, the said Subject shall at the next General Sessions, to be holden for the said County, by order of the Justices there or the most part of them, have the said Child bound with him, if it be a Man Child till the age of twenty four years, if it be a Woman Child till the age of eighteen years.

CCCXXXVIII. 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres,* 157.339 to have their reme∣dy by order of laborers, (viz. 23 Ed. 3. 2.) either by way of Action or o∣therwise as well against the Child as against the taker or inticer thereof.

* 157.340CCCXXXIX. 14 Eliz. 5. § 23. N 1. Be it also enacted, &c. that all the forfeitures appointed or to grow by this Statute, except the forfeitures of Justices of Peace, shall wholly go and be imployed, to the use of the Poor aforesaid, and shall be levyed by distress, by the discretion of the Justices of the same County or two of them, or other Head-Officers aforesaid.

* 157.341CCCXL. 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace, in all Shires of England, shall in their Quarter Sessions next after Easter, yearly Examine the performance, or not performance of this Statute, ac∣cording to the tenor thereof, as they are bound to do the Sta∣tute of Laborers, (viz. 23 Ed. 3.) &c. And at their said Sessions shall yearly appoint new Collectors and new Overseers, for the causes afore∣said, and shall then also agree upon new views and searches of the said Impotent people, within every their limits, for the year following if need shall be, and further at their said Sessions, shall take order by their good discretions, for all and every thing and things, that may in any ways fur∣ther the intent of this Act.

* 157.342CCCXLI. 14 Eliz. 5. § 24. N. 1. And be it further Enacted, &c. that three Justices of Peace, within all the Shires of this Realm, whereof one to be of the Quorum, shall have full power by Authority of this present Parliament, to hear and determine all causes, except forfeitures of Justices of Peace, that shall come in question by reason of this present Act.

* 157.343CCCXLII. 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties, Cities and Towns, with∣in this Realm, be not able to relieve the Poor, Lame and Impotent per∣sons, with mony to be Collected in manner and form aforesaid, and that it were overgreat a burthen to the Collector for to gather Meat, Drink, Corn, or other things for their relief to be imployed and bestowed in form aforesaid.

* 157.344CCCXLIII. 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted, that it shall be lawful to and for the Justices of Peace, in their open Ses∣sions of the Peace, or for the most part of them there assembled, within any the Counties, Cities or Towns of this Realm, where Collections of mony cannot presently be had, as this present Act willeth and appointeth, to grant Licence under their Hands and Seals, to such and so many of the said Poor and Impotent or diseased persons, or to any other person or persons, to be by the said Justices assigned and allowed, for the said Poor

* 157.345CCCXLIV. 14. Eliz. 5. § 25. N. 3. To ask gather and receive with∣in such other Township, or Parishes, of the said County, as the said Justi∣ces, or the most part of them, there then in their said Sessions assembled, shall especially name and appoint, limit and assign, the Charitable devo∣tion and Alms, at the House or Houses of the Inhabitants of such Town, Parish or Parishes, by the said Justices Named, Appointed, Limited or Assigned, so that they do appoint the said Poor so to be relieved, only with∣in the Towns and Parishes, being within the divisions of the same Justi∣ces, that so shall give such Licence or Licences.

* 157.346CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes, to the which such Poor or Impotent persons, shall be so appointed as is aforesaid, shall be coacted and bound by vertue of this Act under such pain, as to the discretion of the said Justices, there in their Sessions Assembled, or the most part of them shall seem conveni∣ent to relieve the said Poor and Impotent persons, in such sort as the said Justices there assembled shall appoint.

* 157.347CCCXLVI. 14 Eliz. 5. § 26. N. 1. And be it further Enacted, that if it shall happen any City or Town-Corporate, to have in it more Impo∣tent

and Poor folks, not able to labour, then the said Town or City, is able to relieve, and the said City or Town-Corporate, is a County of it self, or Situate or standing in one County, and Immediatly adjoyning to a∣nother, that in those Cities or Towns, the Mayor, or Head-Officers of the said City or Town, shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns.

CCCXLVII. 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town, in their General Sessions of the Peace,* 157.348 shall give Licence and follow the Order above remembred, according as other Justices of the Counties in the which any Town or Parish surcharged stand∣eth, are before limited and authorized to do.

CCCXLVIII. 14 Eliz. 5. § 27. N. 1. Provided always and be it Enact∣ed, &c. that all and every summ and summs of mony,* 157.349 from henceforth to be Collected or Gathered, within the City of London, and the Liberties of the same, by vertue of this Act, shall be paid unto the Governors of the Hospital, called the Hospital of Christ-Church, within the said City of Lon∣don for the time being, and shall be by them from time to time distributed, and bestowed for the relief of the Poor of the same City, according to their Wisdoms and discretions, any thing in this Statute contained to the contrary notwithstanding.

CCCXLIX. 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted,* 157.350 &c. that all and every summ and summs of mony, from henceforth to be Col∣lected or Gathered, within the City of Coventry, and the Liberties of the same, by vertue of this Act towards the maintenance and relief of the Hospital of Poor people, erected in the same City, shall be paid unto such Governor and Governors of the said Hospital as now is, or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry, or the more part of them for the time being.

CCCL. 14 Eliz. 5. § 28. N. 2. And such Governor and Governors,* 157.351 so admitted and appointed, as is aforesaid, shall from time to time, distribute and bestow for the reliefe of the Poor within the said City, the said summ or summs of mony, according to their Wisdoms and discretions, any thing mentioned in this Act, to the contrary notwithstanding.

CCCLI. 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted,* 157.352 &c. that all and every summ and summs of mony, from henceforth to be paid, Collected or Gathered, within the City of Gloucester, Liberties and limits of the same City, for and towards the use or relief of the Poor, and all and every other relief, which shall be due and payable, or is to be yielded within the said City, Liberties or limits, for and towards the relief of the said Poor, shall be from time to time paid and delivered, or otherwise shall stand and be at the only rule, order and disposition of the President, and Governors of the Hospital of Saint Bartholomew, of the Foundation of our most Gra∣cious Soveraign Lady Queen Elizabeth, within the said City of Gloucester for the time being, and shall be by them from time to time distributed, and bestowed for the relief of the Poor of the said City, according to their Wisdoms and Discretions.

CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted,* 157.353 &c. that the Bishop of every Diocess, or his Chancellor, for the time being, shall yearly visit all Hospitals in the Diocess of such Bishop, where no Visitor by the Founder or Founders is appointed, if the Founder of the said Hos∣pital be then Dead, and to see and take order, that the said Hospital be or∣dered and used according to the Statutes, and Ordinances of the Foun∣dation thereof, and if the Founder be then living, the said Founder to visit the same, during his life, without any the Bishops Visitation, and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital.

* 157.354CCCLIII. 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be, or his Chancellor upon complaint or other intelligence of just cause, to take account how the rents, revenues and profits of any such Hospital hath been bestowed and spent, to call before him or them at the said Hospital to account all such person and persons, as have had the Collection or receit of any the said Rents, Issues, Revenues or profits.

* 157.355CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called, shall and do refuse to account, or entring into account, shall re∣fuse to proceed and finish the same, or upon finishing thereof, shall refuse forthwith to imploy or answer to the use of the said Hospital, such summ or summs of mony, as upon the same account shall appear to be due by him, that then every such person and persons so refusing, shall forfeit and loose such summ and summs of mony, as to the said Bishop or Chancellor, and to two Justices of the Peace next Inhabiting to the said Hospital, shall be thought meet and conveni∣ent.

* 157.356CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace.

* 157.357CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further En∣acted, &c. that no person or persons, having charge of any Voyage in passing to the Realm of Ireland, or from the Isle of man into this Realm of England, do from the last day of June, next comming, wittingly or willingly transport, bring, carry or convey, or suffer to be transported, brought, carried or conveyed, in any Ship, Picard, Vessel, Boat or Boats from and out of the said Realm of Ireland, or from or out of the said Isle of Man, into the Realm of England or Wales, or any part thereof, any Vagabond, Rogue or Begger, or any such as shall be forced or very like to live by Begging within the Realms of England or Wales, being born in the Realm of Ireland, or in the said Isle of Man.

* 157.358CCCLVII. 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons, so bringing, transporting, carrying or conveying, either suffering to be brought, transported, carryed and conveyed, in manner and form a∣foresaid, to forfeit and lose for every such Vagabond, Rogue, Begger or other person, which shall be forced or like to live by begging within this Realm of England or Wales, being transported and set on Land, in any part of England or of Wales, 20 s. of lawful English mony, to the use of the Poor of the same Parish in which they were set on Land.

* 157.359CCCLVIII. 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor, for the time being by seisure and selling of any the Goods and Chattels of the same person, which shall so bring, transport, carry or con∣vey any such Rogue, Vagabond or Begger, or other person which shall be forced or like to live by Begging, within the Realm of England or of Wales, to the value of the same forfeiture.

* 157.360CCCLIX. 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vaga∣bonds, Rogues and Beggers so set on Land to be punished, as the other Vagabonds and sturdy Beggers, in this Act before mentioned, and de∣clared.

* 157.361CCCLX. 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted, if any such Maniske or Irish Rogue, Vagabond or Begger, been already, or shall at any time hereafter be set on Land in any part of England or of Wales, the same shall be conveyed to the next Port, in or near which they were Landed, and from thence be transported at the Common charge of the Coun∣ty, where they were set on Land into those parts from whence they came or were transported.

CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided,* 157.362 that if any man∣ner of person shall hereafter find him or her self grieved with any Taxa∣tion set upon them, by vertue of this Act, it shall be lawful for them at the next General Sessions of the Peace, to be holden within the same Shire where their Taxation shall be, to make complaint thereof to the Justices o the Bench, and to be eased of their excessive charge, by the discretion of the whole Bench, or the most part of them.

CCCLXII. 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace, or Quorum,* 157.363 in or about the Execution of this Act, every of the said Justices, upon proof of the said default, by two sufficient Witnesses, before the Justices of Assize, at the next General Sessions of Goal delivery for the same County, after the same default, shall forfeit and lose 5 l. &c. The one half whereof to be to the use of the said Poor people of the same County, and the other half to the Queens Majesty, which said forfeiture shall be levyed by distress, by discretion of the said Justices of Assizes.

CCCLXIII. 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people, do resort to the City of Bath,* 157.364 in the County of Somer∣set, and the Town of Buckstone, in the County of Derby, for some ease and relief of their diseases at the Baths there, and by means thereof, the Inha∣bitants of the same City of Bath, and Town of Buckstone, are greatly over∣charged with the same Poor people to their intolerable charge.

CCCLXIV. Be it Enacted,* 157.365 &c. that no diseased or Impotent Poor person, living on Alms, at any time after the Feast of Saint Bartholomew the Apostle next coming, shall resort or repair from their dwelling places, to the said City of Bath, and Town of Buckstone, or either of them, to the Baths there, for ease of their grief, unless such person be not only Li∣cenced so to do, by two Justices of the Peace of the County, where such person doth or shall then dwell or remain, but also provided for of the In∣habitants of such Hundred, Parishes or places, from whence they shall be so Licenced to travail, of such relief for and towards his maintenance, as shall be necessary for the same person for the time of such his abode at the said City of Bath, and Town of Buckstone, or either of them, and return home again as shall be limited by the same Licence, upon pain to be reputed, pu∣nished and used, as Vagabonds by the purview of this Statute, and that the Inhabitants of the same City and Town, shall not in any wise be charged by this Act with the finding or relief of any such Poor people.

CCCLXV. 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act,* 157.366 it is ordained and established that whereas the late King of Famous Memory, King Henry the Eighth, his Heirs, or Successors, or any other person or persons, heretofore by his or their several and lawful Erections, and foundations hath or have ordained or appointed any summ or summs of mony, rents, reliefs or Commodity, to the use of the Poor, or for the repairing or mending of High-ways or Bridges, not being taken away otherwise by Act of Parliament, whether the same be in any Cathedral Church, Colledge, or elsewhere.

CCCLXVI. 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess,* 157.367 or his Chancellor, within which the said Cathedral Church, Colledge or place is, And the Justices of Peace, of the County within the which the said Cathedral Church, Colledge, or place is, or three of them, whereof one to be of the Quo∣rum, shall have Authority from time to time, to examine how and after what manner the said Mony, Rent, Relief, or Commodity is bestowed, and to call to account the parties which do detain the said mony, rents or relief, and there∣upon to take such order for the distribution of the same, as to their discretions shall seem most fit and agreable to the good intent of the Founders, Givers or

Granters, and thereof to make Certificate in the High-Court of Chancery, once in every year. Lambert 361.

* 157.368CCCLXVII. 14 Eliz. 5. § 36. N. 1. Provided always that whereas, by reason of this Act, the common Goals of every Shire within this Realm, are likely to be greatly pestered with a more number of Prisoners, than here∣tofore hath been, for 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.

* 157.369CCCLXVIII. 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-Ses∣sions 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 with∣in 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 discre∣tions, so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish.

* 157.370CCCLXIX. 14 Eliz. 5. § 37. (2.) N. 2. And that the Church-war∣dens 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.

* 157.371CCCLXX. 14 Eliz. 5. § 37. (2.) N. 3. And that the said High-Con∣stables, 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 Quar∣ter 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.

* 157.372CCCLXXI. 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.

* 157.373CCCLXXII. 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 contra∣ry in any wise notwithstanding.

* 157.374CCCLXXIII. 14 Eliz. 5. § 38. (3.) N. 1. Provided always that the Justices of Peace within any County of this Realm, or Wales shall not in∣tromit 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 Pre∣cincts 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 Justi∣ces, to proceed to the Execution of this Act, within the precinct and com∣pass 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,* 157.375 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,* 157.376 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 num∣ber 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-Of∣ficer of the same City, or Town-Corporate, the Justices may by their dis∣cretions 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 Li∣cence 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,* 157.377 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,* 157.378 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 con∣cerning 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 prescrip∣tion 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,* 157.379 then next fol∣lowing, 18 Eliz. 3. § 14. N. 1. Crompt. 97. b.

CCCLXXIX. Crompt. 154. b. Nor shall Bail be received for the Mo∣ther, nor reputed Father of any Bastard-Child,* 157.380 who refuseth to perform the order of the Justices, according to the Statute 18 Eliz. 3. § N.

CCCLXXX. Crompt. 154. b. Nor shall he be Bailed who is Collector for the Poor, who refuseth to account, &c. 14 Eliz. 5. § N.* 157.381

CCCLXXXI. Crompt. 155. Nor shall Bail be received for the Collectors nor Governors of Poor, nor for Guardians nor Collectors for the Houses

of Correction who refuse to make account contrary to 18 Eliz. 3. § N.

* 157.382CCCLXXXII. Lambert 2. cap. 7. pag. 202. Any Justice of the Peace, may appoint any person to be openly whipped naked, until his or her bo∣dy be bloody, that shall be taken begging wandring or misordering him or her self, as is declared by the Statutes, 39 Eliz. 4. § N. and 1 Jac. 7. § N. to be a Rogue Vagabond or sturdy Begger &c.

* 157.383CCCLXXXIII. Lambert 202. 203. And shall cause such person so whip∣ped, to be forthwith sent from Parish to Parish, by the Officers of every the same the next strait way to the Parish, where such person was born, if that may be known by the parties confession or otherwise, and if not, then to the Parish where such person last dwelt, before that punishment by the space of one whole year, there to labor, or not being known where such person was born or so dwelt, then to the Parish through the which such person last passed without such punishment, 1 Jac. 7. Dalt. 128. cap. 47.

* 157.384CCCLXXXIV. Lambert 203. And such Justice under his hand and Seal shall make a Testimonial, witnessing such punishment, and the day and place thereof, and mentioning the place to which such person is limited to go, and by what time, at his or her peril, and in case such place of Birth, or last dwelling be not known, then such person shall by the Officer of the Vil∣lage, through which he or she last passed without punishment, be convey∣ed to the House of Correction, of the limit wherein that Village is, or to the common Goal of that place or County, there to remain in work till such person be placed in service for one years continuance, (or not being of able body) till such person shall be placed in some Alms-House of that place or County, 39 Eliz. 4. Dalt. 126. cap. 47.

* 157.385CCCLXXXV. Lambert 204. The form of which Testimonial may in ef∣ect be the same which was lately in use by the Statute, 22 H. 8. 12. § 14. N. 1. Dalt. 380. 381. cap. 124. 212. now repealed, viz. Kilborns predicts 212. Kent. ss. John at Stile, a sturdy Vagrant Begger, of low personage, red haired, and having the Nale of his right thumb cloven, was (the sixth day of April, in the second year of the Raign of our Soveraign Lord King James) openly whipped at Dale in the said County, for a wandring Rogue, according to the Law, and is Assigned to pass forthwith from Parish to Parish by the Officers thereof, the next strait way to Sale, in the County of Midlesex, where (as he confesseth) he was born, or dwelled last by one whole year, &c. If the case be such, and he is limited to be at Sale afore∣said within ten days now next Ensuing at his peril.

* 157.386CCCLXXXVI. Lambert 204. 205. By the the occasion of this Testimoni∣al or Pass, I thought it serviceable to advertise that it is needful both in this and in all other testimonial Certificates safe Conducts and Pasports what∣soever, to annote and specifie expresly some assured marks of the party, as his Stature, colour of hair, complexion, or if it may be, some apparent scar or other note, by which he may be infallibly distinguished and known from others, lest as I have often found both himself take the benefit thereof, and he also communicate the use of the same to others in abuse of him that made it.

* 157.387CCCLXXXVII. Lambert 205. And by occasion also of this power gi∣ven to one Justice for correction of Rogues, I trust that I may without of∣fence to any, make publick use of those grave resolutions and advises, that being in the hands of sundry men abroad, are commonly ascribed to his Majesties Justices at Westminster, and do tend much to the right Execution of this 1. Jac. 7. and the other Statute, 39 Eliz. 4. concerning Rogues and the Poor, which only of all our Laws have most Christianly and civil∣ly given order in that behalf, and are therefore with so much the more

care and diligence to be put in ure amongst us, as they will not only de∣liver us of the present burthen, but also destroy the very brood of this unruly people, Dalt. 96. cap. 40.

CCCLXXXVIII. Lambert 205. § 1. A Rogue affirmeth that he was born in such a Town, in such a County,* 157.388 then ought he to be sent thither if it may not otherways appear that he was born elsewhere, and if he were not born there in truth, then is he to be said an Incorrigible Rogue and is to be sent thence to the House of Correction, in the Coun∣ty to which he is sent, and if there be none there, then to Goal, until the next Sessions, there to be dealt with according to the Statute, Dal. 128. cap. 47.

CCCLXXXIX. Lambert 206. § 2. The same course is to be observed if it appear not where he was born,* 157.389 or if he untruly affirm that he was last dwelling in such a Town, in such a County, by the space of a year and was not.

CCCXC. Lambert 206. § 3. If the Husband or Wife have a House,* 157.390 and the Husband or Wife Rogue about, they ought to be sent to the Town where that House is, and so of an inmate, Dalt. 125. cap. 47.

CCCXCI. Lambert 206. § 4. The Wife and Children under seaven years of age, being Vagrant, must go and be placed with the Husband,* 157.391 if the Husband be dead, then with the Wife, where she was born or dwelt, and the Vagrant Children above seven years of age must be sent to the place of their birth, and if the Vagrant Parents with their Children, un∣der seven years be placed at the place of birth of the Parents, or at the place of last dwelling, as the case shall fall out, if afterwards the Parents or either of them die or runn away, yet the Children once settled must remain there still, and may not be sent to their place of birth, tho after they grow above the age of seven years, Dalt. 96. 97. cap. 40.

CCCXCII. Lambert 206. § 5. The Wife being a Vagrant Rogue,* 157.392 ought to be sent to the Husband, tho he be but a Servant in another Town, Dalt. 98. cap. 40. & 125. cap. 47.

CCCXCIII. Lambert 206. 207. The Rogue,* 157.393 whose place of birth or dwelling cannot be known, hath Wife and Children under seven years of age, they must go with the Husband to the place where they were last wilfully suffered to pass without punishment, where the Children must be relieved by the work of their Parents, tho the Parents be committed to the House of Correction.

CCCXCIV. Lambert 207. § 7. If any not being Rogues shall travail with their Children, through a Town,* 157.394 and the Father or Mother die or runn away, the Town is not bound to keep them where they die, nor to send them away, but only in Charity, except they become wandring Beggers, Dalt. 96. cap. 40. & 2. Bulstrod. 333. (351.) pl. 247.

CCCXCV. Lambert 207. § 8. If the Parents be able to work,* 157.395 and may have work, they are to find their Children by their labour and not the Parish, but if they be overburthened with Children, it shall be a very good way to procure some of them to be placed Apprentices according to the Statute, Dalt. 96. cap. 40. & 2 Bulstrod 332. (350.) pl. 246.

CCCXCVI. Lambert 207. § 9. No man is to be put out of the Town where he dwelleth, nor to be sent to their place of birth,* 157.396 or last habitati∣on, but a Vagrant Rogue, nor to be found by the Town, except the par∣ty be impotent, but ought to set themselves to labor if they be able and can get work, if they cannot, the Overseers must set them to labor, and so of them that have or shall have Houses, when their Estates be expired, and Servants whose times of service are ended, tho they cannot get Houses, for they must provide themselves Houses anew, if they be not impotent, Dalt. 97. cap. 40.

* 157.397CCCXCVII. Lambert 207. 208. Such persons as be of any Parish, and have able bodies to work, and be no wanderers abroad out of the Parish, tho they refuse to work at such wages as is taxed or commonly Gi∣ven in those parts, are notwithstanding not to be sent to their place of birth or last dwelling, by the space of a year, but to the House of Correction, upon consideration had of both the Statutes of the Poor and Rogues, (viz. 39 Eliz. 4. § N. and 1 Jac. 7. § N.) But if they have any lawful means to live by, tho they be of able bodies, and refuse to work, yet are they not to be sent to the House of Correction, Dalt. 97. cap. 40.

* 157.398CCCXCVIII. Lambert 208. § 11. Such as will remove or put any out of their Parish, that be not to be put out, this is against the Statute, (viz. 39 Eliz. 4. § N.) and finable, and if they have been so sent, they may be sent back again, Dalt. 98. cap. 40.

* 157.399CCCXCIX. Lambert 208. § 12. If any be sent to a Town, whereto he ought to be sent, and is refused, being a sturdy or an Impotent Rogue, the persons refusing shall forfeit 5 l. and he that is so to be sent, is to be offered to the Church-wardens, and Overseers, Dalt. 129. cap. 47.

* 157.400CCCC. Lambert 208. § 13. To send the Rogues by a general Pasport, without conveying them from Parish to Parish, is a let to the conveying of Rogues, according to the Statute, (viz. 39 Eliz. 4. § N.) and so a forfeit of 5 l. upon them, and to go with such a Pasport, is but still to con∣tinue a Rogue to be punished by whipping, Dalt. 128. cap. 47.

* 157.401CCCCI. Lambert 209. § 14. If the Officer will not receive a Rogue to convey him to the place where he was born or dwelt, this is a forfei∣ture of 5 l. in the Officer that shall not receive the party to convey him or her over, Dalt. 128. cap. 47. § 2.

* 157.402CCCCII. Lambert 209. § 15. None may be suffered to take relief at any mans door, tho within the same Parish, unless it be by the order of the Overseers, according to the Statute (viz. 39 Eliz. 4. Dalt. 124. cap. 47. neither may any be suffered to beg by the high-ways, tho in their own Pa∣rish, Dalt. 97. cap. 40.

* 157.403CCCCIII. Lambert 209. § 16. By this word Parents is understood a Father, or a Grand-Father, Mother, or Grand-Mother, being persons able, Dalt. 96. cap. 40. Lambert 602.

* 157.404CCCCIV. Lambert 209. § 17. Within the word Children, is conclud∣ed any Child or Grand-Child being able, 10 H. 7. 11. a

* 157.405CCCCV. Lambert 209. § 18. Parsons or Vicars, &c. be bound as In∣habitants to the relief of the Poor, as well as others, that inhabit within the Parish.

* 157.406CCCCVI. Lambert 209. § 19. Every one that hath Tyths Impropriate, Coal-Mine, or Lands in Manual occupation, &c. is chargeable, and so for such as have saleable Wood, proportioning the same to an Annual bene∣fit.

* 157.407CCCCVII. Lambert 209. § 20. If there be but one Church-warden in the Parish he sufficeth with the other four Overseers, Dalt. 96. cap. 40.

* 157.408CCCCVIII. Lambert 2. cap. 7. pag. 292. 293. The Assesse made at the Easter Sessions of the Peace, upon every Parish in the County, shall yearly in default of the Parishioners, and in default of the Church-war∣dens and Constables there, be rated by order of such Justice of Peace, as shall dwell in that Parish, or if none so be dwelling, in the parts next ad∣joyning, and in default of the said Church-wardens and Constables, any Justice of the Peace within the limit, may levy the same by distress and sale of Goods, of any person refusing or neglecting to pay his portion thereof, and shall render to the party the overplus of such sale, and in de∣fault of such distress, any Justice of that limit, may commit to Prison

such person without Bail till he pay the same, 43 Eliz. 2. Kilborn. 179. 180.

CCCCIX. Lambert 293. The like order is taken concerning the assesse made for Souldiers or Mariners, 43 Eliz. 3.* 157.409

CCCCX. Lambert 293. And any one of these two Justices of Peace which by this Statute,* 157.410 43 Eliz. 2. § N. may appoint Overseers for the Poor, may also send to the House of Correction, such as will not im∣ploy themselves in work according to this Statute.

CCCCXI. Lambert 3. cap. 2. pag. 356. Two or more Justices of the Peace, whereof one to be of the Quorum,* 157.411 dwelling in or near the Parish or division, where the Parish is, must nominate yearly in Easter week, or within one month after Easter, under their hands and Seals, four, three or two substantial Housholders, in every Parish, to be Overseers of the Poor of the same Parish, and the Church-wardens and Overseers of every Parish, shall with the consent of two or more such Justices of Peace, set the Poor on work, and Tax every Inhabitant and occupier of Land there, towards the same, and to bind Children Apprentices, and the ex∣cuse of the Church-wardens and Overseers, for not Executing their Of∣fice is to be allowed by two such Justices of Peace, and such two Justices of Peace are to take their accounts yearly, and to commit them that re∣fuse to account, 43 Eliz. 2.

CCCCXII. Lambert 356. 357. And two such Justices of Peace may Tax any other of other Parishes within the Hundred,* 157.412 to contribute to a Poor Parish, and may make out their Warrants to the Church-wardens and O∣verseers of every Parish, to levy the Taxtions by distress and Sale of the Offenders Goods, and in defect of distress may commit the party refu∣sing to contribute, to the Common-Goal, without Bail or Mainprise, and they may do the like, concerning penalties and forfeitures committed, 43 Eliz. 2. § N. Lambert 601. 602. Dalt. 95. cap. 40.

CCCCXIII. Lambert 357. Any two Justices of Peace, of any City,* 157.413 Borough, Town-Corporate and places priviledged, may assesse the Inha∣bitants thereof, at such reasonable Taxes as they shall think fit for relief of persons infected with the Plague, and dwelling in Houses infected, to be levyed by Warrant of two such Justices of Peace, of his Goods that refuseth to pay the same, and in default of Goods the offender by them may be committed to prison without Bail or Mainprise, 1 Jac. 31. Dalt. 90. cap. 39. & 96. cap. 40.

CCCCXIV. Lambert 357. 358. Upon Certificate of the Mayor,* 157.414 or o∣ther Head-Officers of any City, &c. of their disability to relieve their Poor infected persons, to any two Justices of the Peace of the County near to the said City, &c. the same Justices may Tax the Inhabitants of the same County, within five Miles of the place infected, for their relief, to be levyed by Warrant from any such two Justices of the Peace by di∣stress and sale of Goods, and in default thereof by Imprisonment of the party Taxed and refusing as afore, 1 Jac. 31. Dalt. 90. cap. 39.

CCCCXV. Lambert 361. The Bishop and his Chancellor,* 157.415 and three such Justices of the Peace, have power to Examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed, and to call to account the detainers thereof, &c. 14 Eliz. 5. § 35. N. 1. and 39 Eliz. 18. § N. Lambert 352.

CCCCXVI. Lambert 367. If any Justice of Peace,* 157.416 shall be proved to be in default about the Execution of the act of the Poor, (viz. 14. Eliz. 5. § N.) by two sufficient witnesses before the Justiecs of Assize at their next general Goal-delivery, he shall lose 5 l.

* 157.417CCCCXVII. Lambert 467. 468. Enquiry in Sessions, if the Church-wardens of any Parish, have not every Sunday levyed the Mony for re∣lief of the Prisoners of the Goal, and once in every Quarter paid it to the Constable of the Hundred, or if the Constable have not every Quar∣ter Sessions, paid over the same to the Collector thereto appointed, or if such Collector have not weekly distributed the same for relief of the said Prisoners 14 Eliz. 5. § 37. (2.) N. 2.

* 157.418CCCCXVIII. Lambert 468. (Charge in Sessions on 31 Eliz. 7.) If any person hath since the end of the last Session of Parliament, made, builded or erected, or caused to be made, &c. any manner of Cottage for dwelling, or converted or ordained any building or Housing to be used as a Cot∣tage for dwelling, unless the same person have laid thereunto four Acres at the least, of ground to be accounted by ordinance, (viz. 33 Ed. 1. pag. 70.) de terris mensurandis, being his or her own freehold and inheritance, lying near to the said Cottage, to be continually manured there withal, so long as that Cottage shall be inhabited, Crompt 90. b. 91. a.

2. If any person have willingly maintained or upholden such Cottage, not having so many Acres so lying and manured.

3. If there be any Inmates or more Housholders than one dwelling in one Cottage by the placeing or suffering of any owner or occupier of such Cottage.

* 157.419CCCCXIX. Lambert 468. 469. But this Statute (viz. 31 Eliz. 7.) extendeth not to any Cottage in any City, Corporate or Market-Town, or Ancient Borough.

2. Nor to the dwelling of any workers of Mineral works, Coal-Mines Quarries of Stone or Slate, or about the making of Brick, Tile, Lime or, Coal, so that they be not distant above one Mile from the works, and be used only for the Habitation of such workers.

3. Nor to Cottages within a Mile of the Sea, or upon the side of any Navigable Rivers within the Admirals Jurisdiction, so as none dwell therein but Saylors, or men of manual occupation for the making, fur∣nishing or Victualling of Ships or Vessels used to serve on the Sea.

4. Nor to any Cottage in any Forest, Chace, Warren or Park, inhabit∣ed only by them that keep the Deer or Game there.

5. Nor to any Cottage hereafter to be made, wherein only a common Herd-man, or common Shepherd of any Town, or any Poor, Lame, Sick, Aged or Impotent person shall dwell.

6. Nor which for any just respect (upon complaint to the Justices of Assize, at the Assizes, or to the Justices of Peace, at the Quarter Sessions,) shall by their order entred in open Assizes or Quarter Sessions be de∣creed to continue for dwelling, for so long time, only as by such decree shall be limited.

7. Nor extended to any Inmates to be placed by the order of the Justices in their Quarter Sessions, with the leave of the Lord of any wast or common, at the charge of the Parish, Hundred or County, 43 Eliz. 2.

* 157.420CCCCXX. Lambert 596. and 14 Eliz. 5. and 18 Eliz. 3. Concerning Poor people and Vagabonds, have mention of the Quarter-Sessions, to be holden next after Easter, which Statutes as they make not in this point a new Law, so allowing of any one of the four Sessions, they do therein give allowance of all the other three.

* 157.421CCCCXXI. Lambert 604. A Beggers Child, may at the General Ses∣sions be bound to serve any Subject of this Realm, being of an honest cal∣ing, 14 Eliz. 5. § N. 18 Eliz. 3. § N.

* 157.422CCCCXXII. Lambert 604. A Decree may be made at the Quarter-Ses∣sions for the continuance of a Cottage, that hath not four Acres of ground

and there may the Justices enquire, hear and determine of Cottages and In∣mates in offence of the Statute, 31 Eliz. 7.

CCCCXXIII. Lambert 609. And they must yearly in the same Sessions (viz. after Easter, or in six weeks,* 157.423 &c.) Examine the performance or non-performance, of so much of the Statute made for the Poor, 14 Eliz. 5. as is not altered by 43 Eliz. 2.

CCCCXXIV. Lambert 609. The account of the Treasurers for dis∣abled Souldiers or Mariners,* 157.424 is to be made yearly at the Quarter Sessions after Easter, or within ten days after, 43 Eliz. 3.

CCCCXXV. Lambert 29. Duty of Constables,* 157.425 &c. It seemeth to me that in this case (viz. on 14 Eliz. 5. § 37. (2.) N. 2.) the words High-Constable, High-Tythingmen, and Head-Officers, do exclude pety Con∣stables, Borsholders, and such like to meddle therein, because none are cal∣led High or Head, but in comparison of low and base.

CCCCXXVI. Lambert 49. Duty of Constables,* 157.426 &c. all these things &c. (viz. the resolutions mentioned, Lambert 205. supra. 387. which as it is commonly said were given by the Queens Justices at Westminster, soon after the making of the said Statutes, (viz. 39 Eliz. 4. and 1 Jac. 7.) do pertain as well to the charge of a Tything-man, Borsholder, Headborough, Chief-pledge, or such other inferior Officer, as they do to the Constable of such a Town or Parish, that hath any of those other Officers underneath him, but some other points of charge there be that belong to such a Con∣stable only and not to any of them.

CCCCXXVII. Crompt. 7. b. § 17. Nota that there is a Statute made,* 157.427 5 Eliz. 4. Concerning Workmen, Artificers, Laborers, Apprentices and Servants, and another Statute, made 14 Eliz. 5. Concerning Vagabonds, whereof the Justices have power by the said Statutes to enquire, and to punish them according to the form of the said Statutes, whereby all other Statutes concerning them are of little effect at this day, if it be not in cer∣tain special points.

CCCCXXVIII. Crompt. 53. If any infected person with the Plague,* 157.428 being commanded to keep his House, contrary to that command, volun∣tarily and contemptuously goes abroad, and shall converse in Company, having any infectious sore on him uncured, such person shall be adjudged as a Felon, and shall suffer as a Felon, 1 Jac. 31. § N. And if he hath no such sore, he shall be punisht as a Vagabond, according to 39 Eliz. 4. § N. Lambert 437. Dalt. 90. cap. 39.

CCCCXXIX. Crompt. 53. If any be commanded to keep his House,* 157.429 who is infected, or be in a House infected with the Plague, and will not keep his House, but voluntarily and contemptuously disobeys such di∣rection and appointment, offering or attempting to go abroad, and resists the Keepers and Watchmen, who shall be appointed to keep them in their houses, such Keepers and Watchmen may force them to keep their Houses, and if any hurt comes by such inforcement, to any such disobedient person, the said Keepers or Watchmen, shall not be impeacht therefore, 1 Jac. 31. Dalt. 90. cap. 39.

CCCCXXX. Crompt. 59. b. § 33. Its extortion in the Clerke of the Peace, who takes above 12 d. for a Recognizance,* 157.430 taken of him that takes a Rogue in service for a year, by 14 Eliz. 5. § N.

CCCCXXXI. Crompt. 86. b. Item,* 157.431 Sessions to enquire of Women that have Children born out of Matrimony, and of the reputed Father of such Child, they shall be punished by the discretion of the Justices of the Peace 18 Eliz. 3.

CCCCXXXII. Crompt. 86. b. See by a Clause in 14 Eliz. 5. § 22. N. 1. The Statute is how that Infants of Beggers,* 157.432 shall be taken to be Appren∣tices by order of the Justices of Peace at the Sessions, and how the party

who took him in service, shall have remedy against the Infant, who de∣parts, or such who took or inticed him out of the service of him, to whom he shall be committed as Apprentice by the said Justices.

* 157.433CCCCXXXIII. Crompt. 195. b. § 19. One Justice of Peace may commit to prison, Rogues, Vagabonds and sturdy Beggers, being above the age of fourteen years, there to remain until the next Sessions or Goal-delivery which first cometh, 14 Eliz. 5.

* 157.434CCCCXXXIV. Crompt. 196. b. § 15. A Justice of Peace in Sessions, may take a Recognizance of him that takes a Rogue into service to appear at the same Sessions, a year next after, 14 Eliz. 5.

* 157.435CCCCXXXV. Crompt. 198. Any two Justices of Peace, may Licence such who shall be delivered out of Goals, to Beg for their fees, or to tra∣vail to their Countries or Friends, and may give Licence for 40 days to a Rogue that is marked, and may make a Testimonial to a Servingman, who is turned away from his Master, or whose Master is dead, 14 Eliz. 5. § N. and 18 Eliz. 3.

* 157.436CCCCXXXVI. Crompt. 198. Two Justices of Peace may certifie to the Quar∣ter Sessions, that a City or Ville-Corporate of the County, being no Coun∣ty of it self, is surcharged with Poor, together with the names and num∣ber of them, to the intent that order may be taken for their relief there, 14 Eliz. 5.

* 157.437CCCCXXXVII. Crompt. 198. a. b. And they may Licence diseased per∣sons, living of Alms, to travaile to Bath, or Buckstone, for ease of their grief, 14 Eliz. 5. Lambert 331.

* 157.438CCCCXXXVIII. Crompt. 199. b. Two such Justices of Peace, may give Licence to Fencers, Bearwards, Common-players in Interludes, Min∣strels, Inglers, Pedlers, Tinkers and pety Chapmen to go, so that they shall not be taken as Rogues, 14 Eliz. 5. § 5. N. 5. 39 Eliz. 4. Infrà 451. N. 5.

* 157.439CCCCXXXIX. Crompt. 199. b. 200. a. Suit may be commenced against a High-Constable, in the name of two next Justices of the Peace, if it be out of a City, and Ville-Corporate, for not fuing a negligent Collector of Mony for the Poor, within the time limit by the Statute, and they every half year, shall take an account of such Collector, and may take order with the surplusage of such Collection, and may also commit him to Ward for his refusal to account, or to bring in his surplusage against the Statute, 14 Eliz. 5. § N. and 39 Eliz. 4.

* 157.440CCCCXL. Crompt. 200. Two Justices of Peace, whereof one shall be of the Quorum, may imprison such as refuse to give to the relief of the Poor or who discourage others to give.

And the Bishop or his Chancellor, shall call two Justices of the Peace, next Inhabiting, to any Hospital, to assist them in the taking of the Account of such, as have had the Collection of the Revenues and profits of such Hos∣pital, and they three may charge the Accountant (under the penalty of lo∣sing such summ of Mony as they think meet,) to account and not to delay it, and presently to imploy the surplusage to the use of the Hospital, 14 Eliz. 5. § N. see 39 Eliz. 4. § N. and 1 Jac. 7.

* 157.441CCCCXLI. Lambert 118. Likewise 39 Eliz. 4. § N. which tyeth to the Goodbehavior, all such as disturbe the Execution of that Statute, ei∣ther for the punishment of Rogues, or for the relief or setting on work of the Poor, &c. It seemeth that all these Statutes have this one mean∣ing, that a party so bound may afterwards forfeit his Recognizance, if he Eftsoons offend against the said Statutes.

* 157.442CCCCXLII. Lambert 302. The Justice of, or near the place where the Seafaring man suffering Shipwrack, and not having to relieve himself home∣wards, doth Land, may give him a Testimonial under his hand, containing

the time and place of his Landing, with the place of his birth or dwelling to which he is to pass, and with a convenient time for his passage thither, by which he may accordingly pass, in the usual and direct ways thither, and ask and take relief, 39 Eliz. 4. § 14. N. 1.

CCCCXLIII. Lambert 302. 303. The Justices of Peace in or near the place where any Idle or wandring Souldier or Mariner,* 157.443 coming from his Captain from the Seas, or from beyond, doth Land, ought upon request, to give him a Testimonial under his hand, expressing therein the time and place of such his Landing, with the place of his dwelling or birth, to which he is to pass, and with a convenient time therein limited, for his passage thi∣ther, and the Justice of Peace next adjoyning to the place, or direct way where any Souldier or Mariner, coming from or beyond the Seas, Land∣eth or Travaileth, and maketh known his Poverty, may Licence him to pass the next and direct way to the place, whether he is to repair, and may limit him time necessary, only for his travail thither, which Licence if he pursue, he may ask and take without danger, for his necessary re∣lief in such his travail that which any persons shall willingly give him, 39 Eliz. 17.

CCCCXLIV. Lambert 330. Any two Justices of Peace,* 157.444 may by War∣rant, under their hands and Seals, cause to be levyed (by distress and sale of the Goods of the offender all fines and forfeitures, that shall grow by the Confession of the offender, or by proof of two lawful and suffici∣ent witnesses before them upon this Statute of Rogues, 39 Eliz. 4.

CCCCXLV. Lambert 354. Any two Justices of Peace,* 157.445 have power to hear and determine all causes that shall grow in Question by the Sta∣tute of Rogues, 39 Eliz. 4.

CCCCXLVI. Lambert 354. Two Justices of Peace,* 157.446 of or near the place to which a Souldier or Mariner cometh with the Testimonial of one Justice of the Peace, shall take order by their discretion for setting to work or re∣lieving of him, if he cannot of himself get work there, or imploy himself in lawful course of life, 39 Eliz. 4.

CCCCXLVII. Lambert 422. If any strangers calling themselves Aegyp∣tians, or being commonlly called Aegyptians,* 157.447 have remained in the Realm one month, and if any person being fourteen years of Age which hath been seen or found in the Fellowship of such Aegyptians, or which doth dis∣guise himself like to them, have remained here or in Wales, by the space of one Month, either at one time or at several times (to be enquired at Ses∣sions) 1 & 2 Ph. & Mar. 4. and 5 Eliz. 20. & 39 Eliz. 3.

CCCCXLVIII. Lambert 422. If any dangerous Rogue that was banish∣ed the Realm, or adjudged perpetually to the Gallies,* 157.448 have returned into the Realm, without lawful Licence (viz. enquire at Sessions) 39 Eliz. 4.

CCCCXLIX. Lambert 422. 423. Charge in Sessions,* 157.449 if any dangerous Rogue, after he hath been branded in the open Sessions, with a Roman R. upon the left Shoulder, and sent to the place of his dwelling, the place where he last dwelt, by the space of a year, or the place of his birth, to be placed in labor, have offended again in Begging or wandring, contrary to the Statute, 39 Eliz. 4. § N. or this Act 1 Jac. 7.

CCCCL. Lambert 423. Charge in Sessions,* 157.450 if any Souldier or Marnier have wandred idle, without setting himself to service, labor, or other law∣ful course of life, and hath not repaired to his place of birth or dwelling, and had not a lawful Testimonial from a Justice of Peace, of or near the place where he landed, or hath counterfeited such Testimonial, or hath car∣ryed the same, knowing it counterfeit 39 Eliz, 17.

CCCCLI. Lambert 436. 437. Charge in Sessions to inquire,* 157.451 if any person above the Age of seven years, calling himself a Scholar, hath

gone about Begging, 12 Rich. 2. 7. § 1. N. 4.

* 157.4522. Or if any Seafaring man not having suffered Shipwrack, nor hav∣ing a Lawful testimonial, from a Justice of Peace of or neer the place where he Landed, have gone about begging, or have transgressed such testi∣monial.

* 157.4533. Or if any idle person have gone about begging, or have used any sub∣tile craft or unlawful game, or play, or have feigned knowledge in Phy∣siognomy, Palmistry, or other like crafty science, or have pretended to tell destinies, fortunes, or such like fantastical imaginations.

4. Or have uttered himself to be a Proctor, Procurer, patent Gatherer or Collector for any Goal, Prison or Hospital.

5. Or if any Fencer, Bearward, Minstrel or Common-player of Enter∣ludes, Ingler, Tinker, Pedler, Pety-chapman or Glassemen, have wan∣dred abroad. Suprà 439.

6. Or if any wandring person or common laborer, not having other∣wise than by labor to maintain himself, being able of body, have used loy∣tering.

7. Or refused to work for lawful wages.

8. Or if any person delivered out of Goal, have begged for fees, or travel∣led begging, or pretending loss by fier or otherwise, have wandred beg∣ing.

9. Or if any not being a Felon have pretended to be an Aegyptian, or have wandered in the form or habit of counterfeit Aegyptians, 22 H. 8. 10. § 2. N. 1.

10. Or if any Impotent or diseased person Licenced by two Justices of Peace, to go to Bath or Buxstone, have not forborn to beg, or have not returned according to such Licence.

11. Or if any Poor person appointed to ask relief in the same Parish, by the Church-wardens and Overseers thereof, shall beg in any other sort than is so appointed, for all such be declared to be Rogues, Vagabonds and stur∣dy Beggers, 39 Eliz. 3. and 1 Jac. 7.

* 157.454CCCCLII. Lambert pag. 601. If the Parish and Hundred, be not able to relieve the Poor of the Parish therein, then the Justices of Peace, or the greater number of them, may at their General Quarter-Sessions rate any other Parishes, &c. thereunto, Lambert 356. 357. on 43 Eliz. 2. Dalt. 95. cap. 40.

* 157.455CCCCLIII. Lambert 601. The Taxes for relief of the infected with the Plague, must be certified at the next Quarter-Sessions, and the same is to be enlarged, extended or determined, as to the Justices of Peace there, or the more part of them, shall be thought fit, 1 Jac. 31.

* 157.456CCCCLIV. Lambert 601. 602. And the General Quarter-Sessions may there by agreement with any Lord of wast or common, set up Habitations for the Poor, and place inmates in the same, 39 Eliz. 3.

* 157.457CCCCLV. Lambert 602. And they may also at such General Quarter Sessions, assesse the Parents or Children, being of sufficient ability to re∣lieve their Poor and Impotent Children and Parents, Lambert 209. And the Father, Grand-Father, Mother, Grand-Mother, and Child of the Poor, being of a sufficient ability, may there be Taxed towards the relief of said Poor, 43 Eliz. 2. § 6. N. 1,

* 157.458CCCCLVI. Lambert 602. the parties grieved by any Act done upon the Statute, 43 Eliz. 2. § N. are to be relieved by the Justices of Peace at their general Quarter-Sessions.

* 157.459CCCCLVII. Lambert 602. The Justices of Peace or the more part of them, may at any Quarter-Session give order for the erecting of Houses of Correction, and for stocks of Mony, and all other things necessary for

the same or for the Government thereof, and they may Banish or condemn to the Gallies such Rogues as shall appear to be dangerous, 39 Eliz. 4. § N. and may brand them in the left Shoulder, with a hot Burning Iron, with a great Roman R. thereon, 1 Jac. 7.

CCCCLVIII. Lambert 603. The Assignment and revocation of the Pensions for disabled Souldiers and Mariners,* 157.460 must be made by the more part of the Justices of the Peace, at the Quarter Sessions, and they may there set fine upon the Treasurer, that shall willingly refuse to pay any of the same Pensions, 43 Eliz. 3. Crompt. 94.

CCCCLIX. Lambert 369. If there be no nomination of Overseers of the Poor, yearly according to the Statute,* 157.461 43 Eliz. 2. § N. Every Justice of Peace dwelling within the division shall forfeit to the Poor, 5 l.

CCCCLX. Lambert 558. Clergy is taken from the dangerous Rogue,* 157.462 that after he hath been Branded with a Roman R. and placed in labor, shall be taken Begging again, 1 Jac. 7.

CCCCLXI. Crompt. 97. Every Authority given or to be given by any Baron of the Realm, or by any of higher degree,* 157.463 to Players of Enter∣ludes, shall be void, and they shall be in the degree of Rogues, ordained by a Statute, 39 Eliz. 4. 1 Jac. 7. § N.

CCCCLXII. Crompt. 97. And Glassmen,* 157.464 who go about the Country and sell Glasses, shall be taken and punisht as Rogues, 1 Jac. 7. § 3. N. 1. 39 Eliz. 4. § 15. N. 2.

CCCCLXIII. Crompt. 97. Dangerous Rogues shall be in open Sessions of the Peace, burned in the left Shoulder with a hot burning Iron,* 157.465 of the bredth of an English Shilling, with a great Roman R. upon the Iron, and to be so throughly burned upon the Skin and Flesh, that the said Letter be seen and remain for a perpetual marke, during his life, and there∣upon to be sent by the said Justices to the place where he abode, if he hath any, and if he hath none, then to the place where he last abode by the space of a year, if it can be known by his confession or otherwise, and if that cannot be known, then to the place where he was born, to be placed in labor as a true Subject ought to be, and after such punishment, if any such Rogue so punisht offends in Begging or wandring, against 39 Eliz. 4. or against the said Statute, 1 Jac. 7. he shall be adjudged a Felon, and shall suffer as a Felon, and shall be tryed in the County where any such offen∣der shall be taken, and shall lose Clergy.

CCCCLXIV. Crompt. 97. Every one after two Months next after the end of this present Session of Parliament,* 157.466 shall take or cause to be taken such Rogues, Vagabonds and sturdy Beggers, who come to their Houses to Beg, Gather or receive any Alms, and carry him, or cause him, to be carried to the next Constable or Tythingman, on pain of forfeiture for every de∣fault 10 s. to be levyed and imployed, as is limited by the said Statute, 39 Eliz. 4. And for default to be levyed and imployed by the Lord of the Leet or his Officer, where such offence is committed, as the said persons au∣thorized by the said Statute, may have, levy and imploy the same, 1 Jac. 7.

CCCCLXV. Crompt. 97. a. b. If the said Constable and Tythingman,* 157.467 do not cause such Rogue, &c. to be punisht according to the said Statute, 39 Eliz. 4. and to be conveyed according to the purport of the said Statute, he shall forfeit 20 s. for every such default, to be levyed and imployed as by the said Statute is limited, 1 Jac. 7. to continue to the end of the next Parliament, not to prejudice John Dutton, &c.

CCCCLXVI. Crompt. 97. b. See 39 Eliz. 4. touching Rogues,* 157.468 Vaga∣bonds, who shall be said so, &c. and divers matters concerning them, and

how he shall be punisht, continued until the end of the first Session of the next Parliament, and then 43 Eliz. 2. § N. continued until the end of the first Session of the next Parliament which was 1 Jac. 7. whereby it was ordained that 39 Eliz. 4. should remain in force as long as 1 Jac. 7 § 8. N. 1. continued in its force, 21 Jac. 28. § 1. N. 37. 61.

* 157.469CCCCLXVII. Crompt. 97. b. All Statutes concerning the punishment of Rogues made before 39 Eliz. 4. are thereby repealed, but by 1 Jac. 7. § 8. N. 1. the Statute, 14 Eliz. 5. concerning Rogues, &c. is revived and to stand in force until the end of the first Session of the next Parliament, as to rating, taxing, levying, receiving and imploying of Goal mony, 21 Jac. 28. § 1. N. 13. 61.

* 157.470CCCCLXVIII. Dalt. J. P. cap. 40. pa. 91. Any one of those Justices who may appoint Overseers for the Poor, may also send to the House of Correction or common Goal such as will not imploy themselves in work, being thereunto appointed by the Overseers according to the Statute 21 Jac. 28.

* 157.471CCCCLXIX. Dalt. 40. pag. 91. Two or more Justices of Peace, where∣of one to be of the Quorum, dwelling in or near the Parish or division, &c. shall yearly within one month after Easter, under their hands and Seals, appoint four, three or two substantial Householders in every Parish to be Overseers of the Poor within the same Parish, who shall joyn with the Church-wardens therein, 21 Jac. 28.

* 157.472CCCCLXX. Dalt. 356. cap. 141. A warrant for Overseers to give up their accounts, Infrà 481. To the High-Constables of the Hundred of &c.

Kent. ss.

These are in His Majesties Name to charge and command you forthwith to give warning to the Church-wardens, and other the Over∣seers of the Poor of every Parish within your Hundred, that they do personally appear before us at N. at the sign of, &c. there upon Tuesday the _____ _____ Day of _____ _____ next coming, by nine of the clock in the forenoon of the same day, to yield up and to make a true and perfect account in writ∣ing, subscribed with their names or Marks of all such summs of mony, as they have received or rated and sessed, and not received for and towards the relief of the Poor of their several Parishes, and also of such stock to set their Poor on work, as is in their hands, or in the hands of any their said Poor to work, and of all other things concerning their said office, and hereof that they fail not at their and every of their perils (Dalt. 90. 94. cap. 40.) and further we require you that you give warning to the pety Constables of every Town within your said Hundred, that they or one of them be also then and there present before us to inform and certifie us of the names of such other persons as are meet and fitting to be Over∣seers of the Poor, within their several Towns for this year next ensuing, and hereof fail you not, &c. Kilborn 178. the like: And this Warrant must be under the hands and Seals of two Justices at the least, the one of the Quorum.

CCCCLXXI. Dalt. 357. cap. 121. A Warrant to new Overseers to take their charge, Kilborn 183.

Kent ss.

* 159.1By vertue of the Statute, made in the three and fourti∣eth year of the Reign of our late Soveraign Lady Queen Elizabeth, Entituled an Act for the relief of the Poor: These are to will and require you, whose names are here under written, that you together with the Church-wardens of the Parish for the time being, do according to the same Statute, take order from time to time for this year to come for the setting to work of the Poor within your Parish, and for the raising of a convenient stock of some ware or stuff in your Town to that purpose, and for the providing of necessary relief, for such as be lame and impotent amongst you, and for the placing Apprentices, such Children whose Parents

are not able to maintain them, and hereof see that you fail not at your perils, dated, &c.

CCCCLXXII. Dalt. 92. cap. 40. These Overseers and Church-wardens or the greater part of them,* 159.2 with the consent of two or more such Justices shall take order from time to time, for setting their Poor on work, put∣ting out Apprentices and relieving their impotent, as followeth.

CCCCLXXIII. Dalt. 92. cap. 40. First for setting to work the Children of all such whose Parents shall not by the greater part of the said Over∣seers be thought able to keep and maintain their Children,* 159.3 which Chil∣dren they or the greater part of them, by the assent of two such Justices, may also put out to be Appretices, viz. The Men Children till the age of twenty four, and the Women Children till their age of twenty one years, or the time of their Marriage, and all Poor Children so bound Ap∣prentices, may be taken and kept as Apprentices by their Masters, any for∣mer Statute to the contrary notwithstanding, see 1 Jac. 25. § N. and 21 Jac. 28. § N. but such binding must be by Indenture, Dalt. 391. cap. 128. and Dalt. 82. cap. 31.

CCCCLXXIV. Dalt. 92. cap. 40. Secondly for setting to work of all such persons, Married or unmarried, as having no means to maintain them,* 159.4 use no ordinary and dayly trade of life to get their living by, now the placeing of such Apprentices, and the setting and holding the Poor to work, is the more proper and true duty of Overseers, for otherwise their bare gathering or raising of a stock is to little purpose. And note that the Church-wardens and Overseers of the Poor, may by and with the con∣sent of two or more Justices of the Peace, whereof one to be of the Quo∣rum, &c. set up use and occupy any trade mistery or occupation, only for the setting on work and better relief of the Poor of the Parish, Town or place where they are Overseers, &c. 3 Car. 1. 4.

CCCCLXXV. Dalt. 92. cap. 40. Thirdly for relieving such Poor a∣mongst them as are Poor and impotent or not able to work.* 159.5 And to these purposes the said Overseers are enabled to raise weekly or otherwise by taxation of every Inhabitant, Parson, Vicar, and other, and of every occupier of Lands, Houses, Tythes, Mines or Saleable under-woods, pro∣portioning them to an Annual benefit, &c. in the same Parish, such com∣petent summs of mony, as they shall think fit, therewith to provide a con∣venient stock of some ware or stuff, to set the Poor on work, and also competent summs of mony, towards the necessary relief of the lame, im∣potent, old, blind, and other Poor not able to work, and for the putting out of such Children as aforesaid to be Apprentices.

CCCCLXXVI. Dalt. 93. cap. 40. But in putting forth of these Appren∣tices, there must be regard hard to the Master, viz. his ability and honesty,* 159.6 otherwise by some device or hard intreaty they may provoke their Appren∣tices to depart or run away.

2. Secondly to his trade or faculty, lest the Apprentice consume his time with∣out learning any thing, and to these two the Justices of Peace must have an eye.

3. Regard must also be had to the Child, viz. to put them out timely, and while they are young and tractable, so as they be above the age of seven years, otherwise by reason of their idle and base Educations, they will hardly keep their service or imploy themselves to work.

4. And regard is to be had to the Parents, viz. to take away such as are brought up to live idly and losely, or else such as are a burthen and charge to their Parents.

CCCCLXXVII. Dalt. 93. cap. 40. Note also that as this Statute,* 159.7 3 Car. 1. 4. (5.) § 22. N. 9. Enableth the Church-wardens and Overseers with the consent of two Justices of the Peace, to put out Apprentices, so it doth enable them to place those Apprentices with Masters, for without Masters

there can be no Apprentices. And the said Justices may compel all such as be of ability to take such Apprentices according to their discretion, and if any such Master shall refuse to take such Apprentice so to him appoint∣ed, the said Justices may bind such Master over to the next General Goal delivery, there to answer such default. And this was the direction of Sir Henry Mountague, Chief Justice of B. R. at Cambridge Assizes, 1618. Wherewithal agreed, Sir Nicholas Hide, and Sir Francis Harvy, Judges of Assize at Cambridge, summer Assizes, Anno, 1627.

* 159.8CCCCLXXVIII. Dalt. 93, 94. cap. 40. Also the Statute, 43 Eliz. 2. § 5. N. 1. seemeth to warrant as much, &c. or else the said Church-wardens and Overseers with the consent of the said Justices, as it seemeth, may impose upon such Master refusing to take such Apprentice, a competent summ of mony for the putting out of such an Apprentice elsewhere. And upon the Masters refusal to pay such mony, two such Justices may make their War∣rant to levy the same by distress and sale of the offenders goods, &c.

* 159.9CCCCLXXIX. Kilborns Precedents 22. A Warrant to put out Poor Children Apprentices.

To the Church-wardens and other the Overseers of the Poor of the Parish of A. in the said County, and to e∣very of them.

Kent ss.

THese are in his Majesties name to Command you, that you do present unto us or some of us in writing, under your hands at the House of A. R. in, &c. upon the _____ _____ day of _____ _____ next, at nine of the clock in the morning of the same day, the names of all such Poor Children of your said Parish as are Orphans, or whose Parents shall not by you or the greater num∣ber of you be thought able to keep and maintain them. Together with the names of the Parents of the said Children, if they have any living, and the several ages of the Children aforesaid. And that you do cause such of the said Children as be able to come thither, and more especially such of them as by you shall be thought fit to be put forth Apprentices, to appear before us at the time and place aforesaid, to be by us there viewed. And likewise that you do then and there also present unto us in writing as aforesaid, the names of such substantial Inhabitants of your said Parish to whom you shall think fit to put the said Children or any of them Appren∣tices, and more especially of such of the said Inhabitants as have not formerly taken such Poor Children of the said Parish Apprentices. And lastly that you do give notice to the said Inhabitants that they are by us required then and there, to appear before ut to shew cause why you by our assent shall not bind such of the said Children Apprentices unto them (as to you stall seem convenient,) unless they shall in the mean time consent to take and receive the same accordingly. And that you your selves be then and there also present, and have there this Precept, of all which you are not to fail at your peril,

given under our hands and Seals the _____ _____ day of,* 160.1 &c.

CCCCLXXX. Kilborns Precedents 25. A Warrant against them that refuse to take Apprentices.

To the Constables, &c. of the Hundred of K. and to every of them.

Kent ss.

WHereas the Church-wardens and Overseers of the Poor of the Parish of A. in the County aforesaid, did by our assent by Indenture bear∣ing date the _____ _____ day of &c. put and bind out unto B. C. of the Parish aforesaid, D. E. a Poor Child of the said Parish, Apprentice according to the form of the Sta∣tute

in that case made and provided, in the forty third year of the Reign of the late Queen Elizabeth, Entituled an Act for the relief of the Poor. And foras∣much as the said B. C. doth refuse to take, receive and keep the said Apprentice accordingly, and doth likewise refuse to Seal the Counterpart of the said Inden∣ture, These are therefore in His Majesties name, to Command you, that you, some or one of you, do cause the said B. C. to come before us or one of us, or some o∣ther Justice of Peace of the said County to enter into Recognizance unto his said Majesty conditioned for personal appearance at the next General Sessions of the Peace, to be holden at E. in the County aforesaid, then and there to answer the premises, and further to do and receive as the said Court shall then consider of him, in this behalf hereof fail not at your perils,

given under our hands and Seals at, &c.

CCCCLXXXI. Dalt. 94. cap. 40. Two Justices shall take the Account of such Overseers, at the end of their year,* 161.1 and of the Church-wardens in every of these particulars following, 43 Eliz. 2. Suprà. 470.

1. Of all summs of mony by them received, or rated and not receiv∣ed.

2. Of all such stock of ware or stuff, as they or any of the Poor have in their hands.

3. What Apprentices they have put out and bound according to the Statute.

4. What Poor they have set to work or relieved.

5. Whether they have suffered any of their Poor to wander and beg out of their Town, or in the High-ways, or in their Town without their direction, 39 Eliz. 3. and 4.

6. Whether they have monthly met to consider of these things.

7. Whether they have assessed the Inhabitants and occupiers of Lands, &c. in their Parish, viz. all such as are of ability, and with indifferency.

8. Whether they have endeavored to levy and gather such assessements.

9. Whether they have been otherwise negligent in their Office, with∣in which words also there seemeth to lie included, if they shall neglect to execute the Justices Warrants, to them or any of them directed for the levy∣ing of any forfeiture according to this Statute.

CCCCLXXXII. Dalt. 95. cap. 40. He that shall bring any Poor to any Town which are burthensome to the Town,* 161.2 may be raised in his rates to∣wards the relief of the Poor of that Parish.

CCCCLXXXIII. Dalt. 96. 97. cap. 40. Young Children whose Parents are dead, are to be set on work, relieved or maintained,* 161.3 at the charge of the Town, where they were dwelling at the time of the death of their Parents, and are not to be sent to their place of birth, &c. for if the Parents were not Rogues, we may not make the Children Rogues, ex∣cept they wander abroad and beg, this was the direction of Fleming Chief Justice in a case between Weston and Cowledge, Anno. 11 Jac. Lambert 207. § 7.

CCCCLXXXIV. Dalt. 97. cap. 40. A Travailing Woman having a small Child sucking upon her, is apprehended for Felony,* 161.4 and sent to the Goal, and is after arraigned and hanged, this Child is to be sent to the place of its birth, if it can be known, otherwise it must be sent to the Town where the Mother was apprehended, for that, that Town ought not to have sent the Child to the Goal, being no Malefactor, and so was it delivered by Sir Nicholas Hide at Cambridge lent Assizes, Anno. 3 Car. 1.

CCCCLXXXV. Dalt. 97. cap. 40. So that (Lambert 207. § 9.) such persons whose Estates of their Houses be expired,* 161.5 and Servants when their service is ended, they shall not be put out of the Towns where they

so last dwelt or served, neither are they to be sent from thence to their place of birth or last habitation, but are to be setled there to work, being able of body, or being impotent, are to be there relieved. And yet if such persons shall wander abroad, begging out of that Parish, then they may be sent as Vagabonds from the place where they shall be taken wandring or Begging to their place of birth.

* 161.6CCCCLXXXVI. Dalt. 97. 98. cap. 40. But for the placing and setling of these Poor people, who now for want of Charity are much sent and tossed up and down, from Town to Town, and from Country to Country, it hath been holden by some that it is in the power of the next Justice of Peace to give order therein. And that upon appeal from him, the Justices of Peace at the Quarter-Sessions may fully take order therein, and that their order made in Sessions will not easily be avoided. But Sir Francis Harvy, at Summer Assizes at Cambridge, Anno. 1629, did deliver it, that the Justices of Peace, especially out of their Sessions were not to meddle either with the removing or setling of any Poor but only of Rogues.

* 161.7CCCCLXXXVII. Dalt. 98. cap. 40. If a Man hireth an House in A. and being there with his Wife and Children, he afterwards shall bind him∣self as a Servant with one dwelling in B. yet are not his Wife and Children to be sent to B. or placed there, but are to remain still at A. where they were once setled, otherwise if the Husband hath hired an House in B.

* 161.8CCCCLXXXVIII. Dalt. 98. cap. 40. A Maid Servant gotten with Child at A. by her fellow Servant, or by another young-man of the same Town, after both their times of service expireth, and they marry, and then the Young-man is retained at B. then the Woman delivered of her Child, she with her Child are to be sent to the Father at B. and there they, are to be setled.

* 161.9CCCCLXXXIX. Dalt. 99. 100. cap. 40. And all such persons sent to the House of Correction, must there live by their own labor and work without charging the Town or Country for any allowance, 7 Jac. 4. But for the Overseers to suffer such thriftless Poor, or any other which can live of their labor or otherwise, to be chargeable to the Town, or to relieve such, were a means to nourish them in their lewdness and idleness, which take it, and to Rob others of relief that want it, to wrong those of their mony that pay it, and to condemn them of oversight that dis∣pose it. And yet if any of these thriftless Poor happen to prove impotent, it seemeth they are to be relieved by the Town, but I leave that to better consideration.

* 161.10CCCCXC. Kilborns Precedents, 183. 184. A Warrant to remove one come to a Parish.

To the Overseers of the Poor of the Parish of H. in the said County, and every of them.

Kent ss.

FOrasmuch as complaint hath been by you made unto us that Helen the Wife of R. D. an Inhabitant in the Parish of C. in the Coun∣ty aforesaid, is lately come into your said Parish of Hawke, and hath brought with her thither a Male-Child of the said Robert and Helen, of the age of, &c. or thereabouts, and that both the said Helen and Child are likely to be chargeable to your said Parish, and you have thereupon craved from us such re∣lief touching the premises, as by Law is appointed, These are therefore in his Ma∣jesties name to Authorize and require you, that you, some or one of you do convey the said Helen and Child to the said parish of C. and there to deliver them to the said Robert in case you can there find him, to be with him setled accord∣ing

to Law, and in case that you cannot there find him, then to deliver the said Helen and Child to the Overseers of the Poor of the said Parish of C. to be disposed according to Law,

given under our Hands and Seals, &c.

CCCCXCI. Kilborns Precedents, 185, 186. A Warrant for removing,* 162.1 &c. one come to a Parish.

To the Church-wardens and other the Overseers of the Poor, of the Parish of H. in the said County and to every of them.

Kent ss.

WHereas complaint hath been made by you to us according to the form of the Statute in that case made and provided (viz. 13 & 14 Car. 2. ca. 12. § N. that A. B. hath within forty days before the said complaint, come into your said Parish to settle therein a Tenement under the yearly value of ten pounds, and that he is likely to be chargeable to the Parish aforesaid, and was last legally setled at B. in, &c. by the space of forty days at the least as a Native, (Householder, Sojourner, Apprentice or Servant, &c.) there, These are therefore in His Majesties Name, to require and authorize you and every of you, that you, some or one of you do remove and convey the said A. B. to B. a∣foresaid, where he was so last legally setled, unless he give sufficient security for the discharge of your said Parish, to be allowed by us,

given under our Hands and Seals the, &c.

CCCCXCII. Kilborns Precedents, 186.* 163.1 The like Warrant against one for not returning, &c. (when his work is finished, or shall fall sick or Im∣potent, &c.) where he comes to a Parish to work, 14 Car. 2. 12.

To the Church-wardens and Overseers of the Poor of the Parish of H. in the said County, and every of them.

Kent ss.

WHereas complaint hath been made by you unto us, that A. B. an Inhabitant of C. came into your Parish to work, and is not returned upon his finishing thereof, These are therefore in His Majesties Name to require and Authorize you and every of you, that you, some or one of you do convey the said A. B. to C. aforesaid, there to remain an Inhabitant as former∣ly he was,

given under our Hands and Seals, &c.

CCCCXCIII. Kilborns Precedents, 184, 185.* 164.1 A Warrant for appre∣hending one for returning to the Parish from which he was removed, 14 Car. 2. 12.

To the Constables, &c. of the Hundred of A. in the said County, and to every of them, and to the Keeper of the House of Correction for the said County, at B. in the County aforesaid.

Kent ss.

WHereas A. B. in May last legally settled as a Native, (House∣holder, Sojourner, Apprentice or Servant, &c.) in the Pa∣rish of T. came into the Parish of V. to settle in a Tenement there, under the yearly value of ten pounds, and likely to be chargeable to the said Parish, was up∣on complaint thereof made by the Church-wardens and Overseers, according to the Statute aforesaid in that behalf made by Warrant to the said Church-wardens and Overseers, according to the Statute aforesaid, directed by them, removed

and conveyed to the aforesaid Parish of T. there to remain according to the said Statute, since which the said A. B. did return of his own accord to the said Parish of V. from whence he was so removed, These are therefore in His Majesties Name to Command you, that you, some of you, or one of you, do cause the said A. B. to come before us, some or one of us, at the House of T. Inhol∣der called the George-Inn, in the said County, the first day of June next en∣suing, at nine of the clock in the forenoon of the same day, to shew cause why he returned to the said Parish of V. and further to do and receive, as to Justice doth appertain, Hereof fail not at your perils,

given under our Hands and Seals the _____ _____ day of, &c.

* 165.1CCCCXCIV. Kilborns Precedents, 187. A Warrant and Mittimus, for one who Runs away and leaves his Family upon the Parish, 7 Jac. 4. Dalt. 385. cap. 125.

To the Constable, &c. of the Hundred of C. and every of them, and to the Keeper of His Majesties Goal, for the said County at M. in the County aforesaid.

Kent ss.

FOrasmuch as it hath been duely proved before us, that A. B. of the Parish of H. being able to labor, and thereby to relieve himself and his Family, did nevertheless lately run away out of this said Parish, and leave his family upon the Parish, these are therefore in His Majesties Name to command you the said Constable, &c. and every of you, that you some or one of you, do take the said A. B. and him safely convey to the Goal aforesaid, and there deliver him to the said Keeper of the same, together with this precept, Com∣manding also you the said Keeper to receive him in the Goal aforesaid, and him there safely keep, until he shall be from thence delivered by due order of Law, hereof fail not at your perils,

given under our Hands and Seals, &c.

* 166.1CCCCXCV. Kilborns Precedents 242. A Rogue is not to be sent to the House of Correction, but to be whipped, and sent where last setled, if known, otherwise to the place of his birth, but the House of Correction is properly for those that will not work, 2 Bulstrod. 358. Lambert Constable 41.

* 166.2CCCCXCVI. Kilborns Precedents 242. If Inhabitants of the County go with Wares to sell at Houses in that County, they are Rogues, Jen∣kins 318.

* 166.3CCCCXCVII. Kilborns Precedents 241. Assessment for the Poor ought to be made according to the visible Estates of the Inhabitants there, both real and personal, but not for any Estate they have elsewhere, and the oc∣cupiers of Lands, and not the Landlords are to be taxed, Jenkins 327. pl. 48.

* 166.4CCCCXCVIII. Kilborns Precedents 179. A Warrant for the Poors Tax on 43 Eliz. 2. Dalt. 357. cap. 121. Infrà 504.

To the Church-wardens and other the Overseers of the Poor of the Parish of B. in the said County and to every of them.

Kent ss.

FOrasmuch as complaint hath been made by you unto us, that the se∣veral persons hereunder named have refused to pay unto you the everal summs of mony adjoyning to their several Names, being assessed upon them severally for and towards the necessary relief of the Poor of the said Parish ac∣cording to the form of the Statute, in that case made and provided, These are therefore in His Majesties Name to Command you, that you, some or one of you, do forthwith levy the said several and respective summs of mony by distress and sale of the several respective goods of the said several and respective offen∣ders

rendring to the parties the overplus, and in defect of such distress, that you, some or one of you do cetrifie the same, unto us, to the end that there may be such further proceeding touching the premisses as to Justice doth appartain,

given un∣der our Hands and Seals, at A. the _____ _____ day of, &c.

A. B. 1 s. 6 d. C. D. 1 s. 8 d.

CCCCXCIX. Kilborns Precedents, 180.* 167.1 A Mittimus where there is not sufficient to destrain.

To the Keeper of His Majesties Goal for the said County at M. in the County aforesaid.

Kent ss.

FOrasmuch as it appeareth unto us, that A. B. of &c. was assessed and rated at the summs of, &c. for and towards the necessary re∣lief of the Poor of the said Parish, according to the form of the Statute in that case made and provided, and that for his refusal of payment of the same, a Warrant was according to the form of the said Statute, directed to the Church-wardens, and other the Overseers of the Poor of the Parish aforesaid, under the Hands and Seals of E. F. G. H. &c. His Majesties Justices of the Peace of the County aforesaid, and for that it now appears unto us that the said A B. hath no Goods cr Chattels by distress and sale whereof the said monies can be levyed, nor will he yet pay the monies aforesaid, We therefore do send you here withall the body of the said A. B. Commanding you to receive him into the said Goal, there to remain without Bail or Mainprize, untill he shall pay the monies aforesaid. Hereof fail not at your perils

given under our Hands and Seals at, &c. the day of, &c.

Lambert 292. 293.

D. Dalt. 126. 127. cap. 47. Also one Justice of Peace or the Constable, with the Minister and one other of the Parish,* 168.1 after the whipping of a Rogue according to the Statute 39 Eliz. 4. § N. may make the said Rogue a Testimonial under their Hand and Seal for the conveying of such Rogue according to this Statute.

And yet such Rogues may not beg in their travail, neither may the Con∣stable of the Parish thorough which they pass, nor any other person give them any relie•• as it seemeth, for that were contrary to 1 Jac. 7. § N. and a for∣feiture of 10 s.

But now for that after so many years since the making of these Statutes they will not be reformed of the Roguish life, they are rather to be dealt withal as Incorrigible Rogues.

And as for the Souldier or Mariner, 43 Eliz. 3. especially such as are sick, hurt or maihmed, they now are usually or may be relieved with mony by the Treasurers of every County where they come, viz. with such convenient summs, as may carry them to the next County, and this is by a latter law, 21 Jac. 28. § N. and therefore now it may seem unfit that either the Constable should relieve them or suffer them to beg, or ask relief in their Towns, for so the Country shall be double charged towards their relief, viz. in paying to the Treasurer towards their relief, and again in giving them at home at their doors.

DI. Dalt. 127. cap. 47. So that I do not find that any one or more Justi∣ces of Peace,* 168.2 may or can in any case Licence any Man to beg or ask relief at all, but only may make a Testimonial or Licence, in the two first for∣mer cases, and some few other, to pass from place to place, and yet in those two cases only the Law tolerates them to ask and receive necessary relief. I observe further that by 39 Eliz. 3. tho it be now expired, no person what∣soever might go wandring abroad and beg in any place whatsoever, by Licence or without, upon pain to be taken as a Rogue, and therefore Quaere of such briefs and Licence as lately have usually come from or in the name of the Lord Mayor of London, Licenceing Poor persons to travial

and to ask or beg relief in their travail, and by general passeports not di∣recting them from Parish to Parish, Dalt. 380. cap. 124.

* 168.3DII. Dalt. 130. cap. 47. At Summer Assizes held at Royston, for the County of Cambridge, Anno Dom. 1630. Sir Francis Harvy, delivered these rules or directions upon the Statutes made against Rogues.

1. That now no Pass is to be allowed for these wandring people, and that such of them as do Pass or travail tho with any passeport, yet are to be punished as Rogues notwithstanding such their Passeport.

2. That if any Ale-house-keeper or other person shall but lodge a Rogue, this is relieving of them, and contrary to the Statute of 1 Jac. 7. § N. and is a forfeiture of 10 s.

3. That giving of mony by a Constable to a Rogue is a relieving of a Rogue within 1 Jac. 7. § N. and a forfeiture of 10 s.

4. For the way to rid the Country of these Rogues is to give them ei∣ther due punishment, and that often, yea at every Town, if they will not be reclaimed, and to keep them from lodging and other relief, as much as may be, or else to send them to the Goal as incorrigible Rogues.

* 168.4DIII. Kilborns Precedents, 188. A Warrant to allow a poor priso∣ner relief.

To A. B. Gent. Treasurer for the relief of the prisoners in His Majesties Goal for the said County at M. in the County aforesaid.

Kent ss.

WHereas T. S. now Prisoner in the said Goal is in very great necessity for want of present relief for his subsistence there, These are therefore, so far forth as in us lieth, to appoint and Authorize you the said Treasurer to allow unto the sad T. S. competent relief during his necessity in the said Goal,

given under our Hands and Seals the third day of J. Anno. Dom. 1679.

* 169.1DIV. Dalt. 357. cap. 121. A Warrant to distrain such as refuse to pay their Rates for the poor, Kilborn 179. Suprà 498.

To the Church-wardens and other the Overseers for the poor within the parish of W. and to every of them.

Canterbr. FOrasmuch as we are credibly informed that the persons hereunder∣named do refuse to contribute or pay the summs of mony hereunder∣mentioned, upon their Heads, being assessed and rated upon them severally, for and towards the necessary relief of the poor of your said Town, according to the form of the Statute in that behalf lately provided. These are therefore in His Majesties Name to charge and Command you and every of you forthwith, to levy all and e∣very the said several summs of mony unpaid, and all the Arrearages thereof, of all and every the said persons so refusing, by distress and sale of the offenders goods, you rendring to the parties the overplus that shall remain upon the sale of the said Goods, and this shall be your sufficient Warrant therein,

dated, &c.

Another to the Church-wardens, &c.

Canterbr.

THese are in His Majesties Name to charge and Command you and every of you, presently to demand of all and every the per∣sons hereunder Named, all and every the several summs of mony hereunder severally written or set upon their Heads, being assessed and rated upon them, for and towards the necessary relief of the poor of your said Town, according to the form of the Statute in that behalf lately provided, and if they or any of them

shall refuse to pay the said several summs of mony so rated upon them, that then presently you levy the same by distress and sale of the offenders goods, rendring to the parties the overplus that shall remain upon the sale of their said goods, and this shall be your sufficient Warrant therein.

Dated, &c.

DV. Lambert J. P. Precedents, 18, pl. 49.* 171.1 A Presentment for a Rogue or Vagabond, and his relief, Infrà 538.

Juratores pro Dom. Rege super Sacramentum suum Praesentant. quod A. B. nuper de C. in dicto Com. Schauelman aetatis septem Annorum & amplius, ac Corpore sano, valente potente atque ad laborandum Habili Existens, nullam Artem habens, terram, aut ullum Magistrum, nec aliqua utens licita Marchandiza, Arte vel misterio unde sibi victum parare posset 10. die Decembr. Anno Regni Dom. nostri Jacobi Dei Gratiâ, Angliae, &c. apud E. Infrà Hundredum de W. in Com. praedict. & multis aliis in locis dicti Comitatus huc illuc passim vagatus est mendicans ac per. W. de E. praedicta, in dicto Comitat. Ycoman, Constabularium dicti Hundredi de W. (in quo sita est villa de E. predicta) postea viz. 12 die mensis Jan∣uarii. Anno supradicto apud E. praedict. in Com. praedicto inventus est vagrans & mendicans, ac per eundem Constabularium tunc ibidem deprehensus est, Inordinatè se gerens tanquam Vagabundus, & Mendicus validus, contrà pacem dicti Dom. Regis ac contra formam diversorum Statutorum inde provisorum & editorum, & ulterius quod G. H de E. praedict. in dicto Comitatu Yeoman sci∣ens praefatum A. B. modo & forma praedictis Vagantem & mendicantem, eundem tamen A. B. dicto 10. die Dec. Anno supradicto in Domo. Ipsius G. H. man∣sionali apud E. praedict. in Com. praedict. Hospitavit, & eidem A. B. tunc & ibidem panem & potum voluntariè dedit in contemptum dicti Dom. Regis ac contra formam Statutorum praedictorum.

DVI. Kilborns Precedents, 198, 199.* 172.1 A Warrant to make General search for Rogues, Vagabonds, &c. on 7 Jac. 4.

To the Constable, &c. of the Hundred of C. in the said County, and to every of them.

Kent ss.

THese are in His Majesties Name to Command you and every of you, that taking assistance of sufficient men of the said Hun∣dred you do in the night before the 20 day of October next ensuing make a general privy search within every of the Parishes, Villages and Hamlets, with∣in the same, for the finding out and apprehending of all Rogues, Vagabonds, 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 bring before us, or some of us, on the aforesaid 20 day of October, at the House of John Price in C. at nine of the Clock in the forenoon of the same day, there to be Examined of their Idle and wandring life and to be further dealt withal according to Law, and that you do then and there also give unto us an account and Reckoning upon Oath in writing, and under the hand of the Minister of each respective Parish, what Rogues, Vagabonds and wandring and disorderly persons, you have ap∣prehended both in the same search, and also since the last like general search made, and how many have been punished, or otherwise sent to the House of Cor∣rection, all which you are not to neglect upon forfeitures of such fines, pains and penalties, as by the Statute in such case made and provided, may be by us inflicted upon you for such your neglect. We do likewise hereby in His Majesties Name further Command you, and every of you, to bring before us, or some of us, at the time and place aforesaid, all such persons within the said Hundred, as be Masterless, or live out of service, or be Common Ale-house haunters, or expenders of their monies, in riotous living, not duely laboring for their living, whereby

so to maintain them to the end that we may proceed against them, as to Justice doth appertain, and that you your selves be then and there also personally present to give account of the Execution of this our Warrant, hereof fail you not at your perils.

Given under our Hands and Seals at, &c.

* 173.1DVII. Dalt. 358. cap. 121. A Warrant for a General Search for Rogues, 7 Jac. 4.

To the High-Constables of the Hundred of, &c.

Cambridge THese are in His Majesties Name to charge and Command you, that you together with the Pety Constables of the several Towns, Parishes and Hamlets within your Hundred, taking sufficient assistance out of the said Towns, do make a general privy search within every of the said se∣veral Towns, Parishes and Hamlets upon the _____ _____ day of, &c. at night next com∣ing, for the finding out and apprehending all Rogues, Vagabonds and wandring and Idle persons in or about your said several Towns, Parishes or Hamlets, and that such as shall be found and apprehended, you do cause them to be brought before us the next day unto L. by nine of the Clock, there to be by us dealt with∣al according to the late Statute in that behalf provided, at which time and place, we further require you together with the said Pety Constables to appear before us, and there to give an account and reckoning upon Oath in writing, and under the hands of the Minister of every several Parish within your Hundred, what Rogues, Va∣gabonds, wandring and disordered persons, have been there apprehended, as well in the same search, as also since the last assembly and meeting that made was for that purpose, being upon or about the _____ _____ day of, &c. last past, and hereof fail you not, &c.

* 174.1DVIII. Dalt. 358. cap. 121. Note that all Rogues which shall be brought before the Justices upon such search after Examination of their idle life taken by the Justices, are either to be whipped by the Constables of the Town where the Justices sit, as it seemeth, or else from thence are to be sent to the House of Correction, and to be conveyed thither by the Constables that brought them, and yet at the charge of the Hundred, which services imposed on the Constables, are some cause of their neglect of this service, and therefore I have set down another course and Precedent perhaps no less serviceable, which also may be performed and done, every month or every meeting of the Justices, if need shall so require, or if the Justices can not, or shall not meet, yet it seemeth such Warrant may be granted out by any one Justice of the Peace as followeth.

* 174.2DIX. Dalt. 358. 359. cap. 121. Another Warrant for a general search

To, &c.

Cambridge THese are in the Kings Majesties Name to Charge and Com∣mand you, that you, together with the Pety Constables of the several Towns, Parishes and Hamlets, within your Hundred, taking sufficient assistance out of the said Towns, do make a general privy search within every of the said several Towns, Parishes and Hamlets, upon the _____ _____ day of, &c. at night next coming, for the finding out and apprehending of all Rogues, Vagabonds and wandring and idle persons, in or about your said several Towns, and that such as shall be found and apprehended, you do cause them to be punished in every several Town or Parish, where they shall be so apprehended by the Pety Con∣stables of every several Parish respectively, and by them also further to be convey∣ed according to the Statute, and if any of the said Rogues shall appear to be dan∣gerous

or Incorrigible, that then you cause such to be brought before me or any other of His Majesties Justices of Peace of this division, to be further dealt withal according to the Statute in such cases provided.

Dated, &c.

DX. Dalt. 380. cap. 124. A Testimonial or Pasport for a Poor man to Travail.* 175.1

Canterbur. SIr R. M. and Sir J. R. Knights, two of the Kings Majesties Justices of Peace, within the said County, to all Justices of Peace, Mayors, Bailiffs, Constables, and all other his Majesties Officers and Ministers whatsoever, sendeth greeting, &c. Forasmuch as the bearer hereof E. P. (because of, &c.) hath desired our Testimonial or Licence for his safer tra∣vail unto the City of B. where, &c. in consideration whereof know ye, we the said Sir R. M. and Sir J. R. so far as in us lieth to have Licenced the said E. P. to travail and pass the direct way from H. within the said County of C. where∣in he lately dwelled, unto the said City of B. so as his Journy be not of longer or further continuance than twenty days next after the date hereof, praying you and every of you not to molest or trouble the said Poor man in his travail, but to permit and suffer him peaceably to pass, so as he shew himself in no respect offensive to his Majesties laws.

In witness, &c.

DXI. Dalt. 381. cap. 124. A Testimonial for such as have suffered Ship-wrack.* 176.1

Norf. A. B. of C. in the County of Norfolk Esq one of the Kings Ma∣jesties Justices, &c. to all, &c. Forasmuch as the bearer hereof is aged about, &c. having lately been at Sea in a ship called, &c. and hath suf∣fered Shipwrack, and got to land at Y. in the said County of Norfolk, upon the _____ _____ day of, &c. last past, as I am credibly informed, as well by the report of the said I. S. as also by the testimony of divers the Inhabitants of Y. aforesaid, and for that the said I. S. hath not wherewith to relieve himself in his Travail home∣wards to D. in the County of H. where he saith he was born, or hath a dwelling, &c. These are therefore to pray you and every of you, to whom these presents shall come, not to molest or trouble the said I. S. in his travail to D. aforesaid, where he is limited to be within, &c. days next after the date hereof, but desiring you rather to relieve him in his necessity as you shall seem meet, and withal you the Con∣stables of every Town where he shall come, to help him with lodging in conveni∣ent time, so that he Travaileth the direct way to D. aforesaid, not doing any thing contrary to the Laws and Statutes of this Realm.

In witness, &c.

DXII. Kilborns Precedents, 115. 214.* 177.1 A Warrant for apprehending and committing a dangerous Rogue, 7 Jac. 4.

To the Constables, &c. of the Hundred of A. and to the Keeper of the House of Correction for the County aforesaid.

Kent ss.

FOrasmuch as A. B. a Rogue (Vagabond, idle or disorderly per∣son, &c.) was found and apprehended at C. in the Hundred and County aforesaid, in a general privy search by our Command made according to the form of the Statute in that case made and provided, and brought before us this present day at our assembly at T. in the County aforesaid. We do therefore in His Majesties Name Command you the Constables, &c. that you, some or one of you, do at the charge of the said Hundred convey the said A. B. to the a∣foresaid house of Correction, and there deliver him to the said Keeper of the same, together with this Precept, Commanding also you the said Keeper to receive him

into the said house, and there set him to work and labor or otherwise to deal with him according to Law, until he shall be from thence lawfully delivered, thereof fail not at your perils,

given under our Hands and Seals, at A. aforesaid the, &c. day of &c.

* 178.1DXIII. Dalt. 384. cap. 125. A Mittimus to the House of Correction, of a dangerous Rogue.

Kent ss.

I. R. &c. and M. D. Esq two of the Kings Majesties Justi∣ces of the Peace within the said County of K. to the Master or Governor of the House of Correction at B. for the East side of the same Coun∣ty, or to his Deputy there greeting, 39 Eliz. 4. and 7 Jac. 4.

Whereas I.S. a sturdy Vagrant Begger, was this day of &c. Anno Dom. &c. brought before us and charged, as well with Begging and Idle wandring abroad, as also with other lewd and disorderly behavior, so as he appeareth to us to be dangerous to the inferior sort of people, or such a one as will not be reformed of his Roguish life, Con∣trary to His Majesties Laws in that behalf provided. These are therefore to Will and require you, to receive the said I. S. and him safely keep in your said house until the next Quarter Sessions to be holden in the said County, and during all that time that he shall so continue with you, that you hold him to work and labor, and to punish him by putting Fetters or Gives upon him, and by moderate whip∣ping him, as in good descretion you shall find cause, yealding him for his maintenance only so much as he shall deserve or Earn by his labor and work, and that at the said next Quarter Sessions you have the said I. S. there, together with this our Warrant, and hereof see that you fail not, &c.

dated, &c.

* 179.1DXIV. Kilborns Precedents, 196. A Mittimus for a dangerous Rogue on 39 Eliz. 4.

To the Constable, &c. of the Hundred of A. and to every of them, and to the Keeper of His Majesties Goal for the said County at M. in the County aforesaid.

Kent ss

FOrasmuch as A. B. a wandring Rogue doth appear to be dangerous to inferior sort of people, (or one that will not be reformed of his Roguish life, &c.) We do therefore in His Majesties Name charge and Com∣mand you the said Constable and Borsholders, &c. that you, some or one of you do safely convey the said A. B. to the Goal aforesaid, and there deliver him to the said 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 to keep until the next Quarter Sessions of the Peace, to be holden for the said County at A. aforesaid, that he may then and there be farther dealt withal according to the Law. Hereof fail not at your perils,

given under, &c.

* 180.1DXV. Kilborns Precedents, 205. A Certificate for allowance to Wife or Orphan of maihmed Souldier on 14 Car. 2. 12.

To the Treasurer of the said County for maihmed Souldiers.

Kent ss.

FOrasmuch as A. B. (Widdow or Orphan) of D. Officer, Souldier or Mariner, maihmed, indigent, aged or disabled in body for work in the service of His Majesty, &c hath according to the form of the Sta∣tute in that behalf lately made appear unto us, that A. B. late of C. continued faithful to his trust, and not deserted the same by taking up Arms against His said late Majesty, or His Majesty that now is, or otherwise. We do therefore according to

the said Statute adjudge that over and besides such relief as shall give by work and labor and shall be allowed by the Charity and benevolence of the Parish of A. where is now setled.

DXVI. Kilborns Precedents 212. 213.* 181.1 A Testimonial or Pass for a Vagrant where the place of his birth is nor known on 39 Eliz. 4. Lambert 204. Constables duty 41.

Kent ss.

A. B. a Vagabond of low Stature, aged about twenty years, was this present day taken, Begging (Vagrant wandring or misordering himself, &c.) at T. in the County aforesaid, and then and there by my appoint∣ment punished according to the form of the Statute in that case provided, and for that the Parish where he was born is not known, tho it be demanded of him, and for that also he did last dwell before the same punishment by the space of one whole year in the Parish of T. &c. as he confesseth, he is therefore to be conveied from Parish to Parish by the Officers of every of the same, the next right way to the said Parish of T. there to put himself to labor as he ought to do, and he is limit∣ed to pass thither within, &c. days now next ensuing at his peril.

Given under my hand and Seal at, &c.

DXVII. Kilborns Precedents, 213.* 182.1 The like where neither the place of his birth nor last abode is known.

Kent ss.

A. B. Vagrant of midle Stature, aged about forty years, was this present day taken Begging (Vagrant wandring or misordering him∣self, &c.) at T. in the said County, and then and there by my appointment punished according to the form of the Statute in that case provided, and for that neither the Parish where he was born nor the Parish where he did last dwell before the said punishment by the space of one whole year, is known, tho both were by me demanded of him, he is therefore to be conveyed from Parish to Parish by the Offi∣cers of every of the same, the next strait way to the Parish of B. in the, &c. through which he last passed, without punishment as he saith, and he is to be from thence conveyed by the Officers of the said Parish, according to the form of the Statute in that case made and provided, and is limited to pass thither within days now next ensuing at his peril.

Given under my Hand and Seal at, &c.

DXVIII Kilborns Precedents 214.* 183.1 A Warrant to pay 2 s. for appre∣hending a Vagrant on 14 Car. 2. 12.

To the, &c. of A. in the Parish of B. in the County aforesaid.

Kent ss.

WHereas A. B. did lately apprehend and bring unto me C. D. a Rogue, (Vagabond or sturdy Begger) which did pass through your, &c. in the Parish aforesaid unapprehended, These are therefore in His Ma∣jesties Name to Will and require you, forthwith to pay to the aforesaid A. B. 2 s. (for each) for his said apprehension of the aforesaid C. D. according to the form of the Statute in that case lately made, hereof fail you not at your peril.

Given under my Hand and Seal the, &c.

DXIX. Kilborns Precedents 215.* 184.1 A Warrant upon non payment of 2 s. for apprehending a Vagrant on 14 Car. 2. 12.

To the Constables, &c. of the Hundred of A. in the County aforesaid, and to every of them.

Kent ss.

WHereas A. D. did lately apprehend and bring unto T. H. one of His Majesties Justices of Peace of the said County, C. D. which did pass through the, &c. in the Parish of T. in the County aforesaid, unapprehended, of which said place of apprehension A. B. was then Constable, &c. and thereupon the aforesaid Justice did according to the form of the Statute in that behalf made, require the said A. B. to pay to the aforesaid A. D. 2 s. for his said apprehension of the said C. D. nevertheless the said A. B. hath neglected to pay the same, These are therefore in His Majesties Name to require you, and every of you, that you, some or one of you, do levy by distress and sale of the Goods and Chattels of the said A. B. 20 s. by him forfeited and lost, for not causing the aforesaid C. D. to be punished and convicted according to the form of the Statute in that behalf made; and that out of the monies by you so le∣vyed, you do pay to the said A. D. the aforesaid 20 s. and &c. more, which we think fit to allow unto him for loss of his time, and that you do imploy and dispose of the residue of the said 20 s. to the relief of the Poor of the Parish aforesaid. Hereof fail not at your perils,

given under our Hand and Seals, the _____ _____ day of, &c.

* 185.1DXX. Kilborns Precedents 216. A Certificate of apprehending a Vagrant in the confines of another County, on 13 & 14 Car. 2. 12.

To A. B. one of His Majesties Justices of the Peace, of the said Coun∣ty of C.

Kent ss.

THese are to certifie you that C. D. Rogue (Vagabond or sturdy Begger) having passed through the Parish of T. in the said Coun∣ty of C. unapprehended, was upon the second day of June apprehended at T. in the said County of C. in the confines of the County aforesaid, by R. W.

Given under my hand the _____ _____ day of, &c.

* 186.1DXXI. Kilborns Precedents 216. A Warrant to pay 2 s. thereupon.

To, &c. in the Parish of B. in the County aforesaid.

Kent ss.

WHereas I have received a Certificate under the hands of A. B. one of His Majesties Justices of the Peace for the County of K. that C. D. Rogue (Vagabond or sturdy Begger) having passed through the Par∣ish of T. in the said County of C. unapprehended, was upon the second day of June apprehended at T. in the said County of C. in the confines of the County a∣foresaid by R. W. which said Parish of T. was then in your Hundred, (Bor∣ough, &c.) These are therefore in His Majesties Name to Will and require you forthwith to pay to the aforesaid R. W. 2 s. for his said apprehension of the a∣foresaid C. D. according to the form of the Statute in that case lately made, Here∣of sail not at your perils.

Given under my Hand and Seal the _____ _____ day of, &c.

* 187.1DXXII. Kilborns Precedents 217. A Warrant upon non payment of the same.

To the Constables, &c. of the Hundred of A. in the said County, and every of them.

Kent ss.

WHereas I lately received a Certificate under the hand of A. D. one of his Majesties Justices of the Peace of the County of K. that C. D. having passed through the Parish of, &c. in the said County of K.

unapprehended, was apprehended at T. in the said County of K. in the confines of the County aforesaid by R. W. of which said Parish A. B. of C. was then Constable, &c. and whereas I did according to the form of the Statute in that behalf lately made by Warrant under my hand and seal, require the said A. B. to pay the aforesaid R. W. 2 s. for his said apprehension of the aforesaid C. D. according to the Statute aforesaid, nevertheless the said A. B. hath neglected to pay the same, These are therefore in his Majesties Name to require you and every of you, that you, some or one of you, do levy by distress and sale of the goods and Chattels of the said A. B. 10 s. by him forfeited and lost by not causing the aforesaid C. D. to be punished and conveyed according to the form of the Statute in that behalf made, and that out of the monies you have so levyed, you do pay to the said R. W. the aforesaid 2 s. And, &c. more which we think fit to allow him for his expences and loss of time, and that you do imploy and dispose of the residue of the said 10 s. to the relief of the Poor of the said Parish of T. Here∣of fail not at your perils.

Given under my hand and seal the _____ _____ day of, &c.

DXXIII. A Mittimus to the House of Correction of Rogues,* 188.1 apprehend∣ed by the Watch.

To the Keeper of the House of Correction of W. &c.

Suff. ss

FOrasmuch as A. B. and C. B. his Wife were this present day brought before me by I. D. and I. F. Constables of the Town of W. being by their Watch this last night apprehended and charged with wandring and Roguing abroad, as also with other lewd and disorderly behavior and course of life, and such as will not be reformed thereof, contrary to his Majesties Laws in such behalf provided, These are therefore in his Majesties Name to will and require you to receive and take into your custody the said A. B. and C. B. his Wife and them safely keep until they shall be thence delivered by due order of Law, and in the mean time to hold them the said A. B. and C. B. his Wife to such labor and work, and give unto him such punishment as by the Laws are required, giving and yealding him such and so much maintenance as they the said A. B. and C. B. shall by their labor and work Earn and deserve, and that you have the said A. B. and C. B. at the next Quarter Sessions to be holden at W. aforesaid, together with this Warrant.

Given under, &c.

DXXIV. Kilborns Precedents 219. A Warrant to send a Wife and Child to a Husband.* 189.1

To the Overseers of the Poor of the Parish of C. in the said County, and to every of them,

Kent ss.

FOrasmuch as complaint hath been by you made unto us that H. the Wife of R. D. an Inhabitant of the Parish of C. in the County aforesaid, is lately come into your said Parish of H. and hath brought with her thither a Child of the said R. and H. of the age of, &c. or thereabouts, and that both the said H. and Child are likely to be chargeable to your said Parish, and you have thereupon craved from us such relief touching the premises as by the Law is appointed, These are therefore in his Majesties Name to Authorize and require you, that you, some or one of you, do convey the said H. and Child to the said Parish of C. and there deliver them to the said R. in case you can there find him, to be with him setled according to Law, and in case that you cannot there find him, then to deliver the said H. and Child to the Overseers of the Poor of the said Parish of C. to be disposed of according to Law.

Given under our hands and seals at, &c.

* 190.1DXXV. 2 Inst. 734, 735. And where some are of opinion that in par∣ticular Towns a discreet and expert Workman may set the young and idle people as Volunteers on work, certainly the youth on both Sexes hath in the time of this great negligence gotten such a trade of picking, theving, stealing of Wool, and the like, through idleness, as they will never be brought to work, unless they be thereunto compelled, and the rather for that some of their Parents and Masters have benefit by them, but compelled they may be, and this great work happily effected, if by the order of the Justices of Peace, these Statutes, 43 Eliz. 2. 7 Jac. 4. &c. be put in due Execution.

* 190.2DXXVI. 2 Rol. 172, 173. Hollingworth Trin. 18. Jac. B.R I.S. Indict∣ed that he being Inhabitant at B. in the County of Midlesex was Circum∣ferarius Anglicè a Pedler & otiosa & vagra persona diversis temporibus & locis in patria vagarius & apud Hackney & diversa alia loca privata & non in mercatis aut feriis diversas mercimonia personis venditioni exposuit, and specifieth certain smallwares which he sold. And, 1. Exception, that its not alledged he was tak∣en wandring as, 39 Eliz. 4. § 3. N. 1. is, but non allocatur. For the wandring it self is that which makes him a Rogue, and not the being so taken. 2. Its said at H. & diversa alia loca, and names no place certain, no persons to whom sold, but per Curiam any place is sufficient; And per Dodridg, by wand∣ring he is a Rogue, tho he sells nothing. 3. Tho the value of the things sold be not exprest, its well enough, And tho it be exprest. 4. that he hath a place of Habitation, viz. at B. yet this will not excuse him, but he shall be ad∣judged a Rogue.

* 190.3DXXVII. 2 Bulstrod 326, (344.) pl. 240. Mich. 7 Car. 1. B. R. Reves Case. The reputed Grand-Father Inhabitant in Suffolk of a Poor Bastard-Child in Midlesex is chargeable by order of Sessions in Suffolk, not in M. upon 43 Eliz. 2. § N. contra 2 Bulstrod 328. (346.) pl. 242.

* 190.4DXXVIII. 2 Bulstrod 327. (345.) pl. 241. At Summer Assizes 7 Car. 1. at Leicester, by Hutton and Crook in Drapers case, the Husband of Gran-Mother that was able before Marriage shall keep the Poor Child, so 2 Bul∣strod 328. (346.) pl. 242.

* 190.5DXXIX. 2 Bulstrod 346, (328.) pl. 242. in Gerrards case, Mich. 7 Car. 1. Against City of Westminster it was said, that a Bastard Child is not within 43 Eliz. 2. to be relieved, nor by Crook is Grand-Father in-law chargeable by Improvement of his Wife, if she had nothing at Marriage. Contra per Whit∣lock. Quaere.

* 190.6DXXX. 2 Bulstrod 330, (348.) pl. 243. The Justices cannot make any order to remove or charge a Parish on 43 Eliz. 2. § N. until the Husband becomes impotent, &c.

* 190.7DXXXI. 2 Bulstrod 331, (349.) pl. 245. The Parish where Bastard Child was got, shall keep the Child, if the Mother by practice was removed to be delivered in another, else the Parish where the Mother dwells, per Jones at Summer Assizes 8 Car. 1. at Gloucester.

* 190.8DXXXII. 2 Bulstrod 332, (350.) At Salop Assizes Lent 7 Car. 1. in Goughs case, by Jones and Whitlock, Poor Bastard Child is to be sent to Mother, if able, on death of reputed Father, and if she he unable, to the Parish where reputed Father kept it.

* 190.9DXXXIII. 2 Bulstrod 334, (352.) pl. 247. By Jones and Whitlock at Staf∣ford Summer Assizes 5 Car. 1. the last proviso of 39 Eliz. 4 § 15. N. 1. shall not extend unto Children if they be under the age of seven years, and that an Infant under the age of seven years shall not be said to be a wanderer.

* 190.10DXXXIV. 2 Bulstrod 353, (335.) pl. 248. At Worcester Assizes Sum∣mer 8 Car. 1. between the Parish of Saint Peters and Saint Ellens, charge of abler Parish to support the Poorer may be altered as the Poor of each increase

or decrease and Overseers where Tenements are, may charge such as inhabit in another Parish.

DXXXV. 2 Bulstrod 336. (354.) pl. 249. At Lincoln Assizes,* 190.11 Lent 9 Car. 1. held by Haughton and Crook, that assessment to Poor ought to be made according to the visible Estate of Inhabitants in that Town or Parish, both real and personal, and not for any Estate elsewhere, and this hath been so resolved by all the Judges.

2. The Tenants or occupiers are only to pay to the Poor and not the Landlord.

DXXXVI. 2 Bulstrod 339. (357.) pl. 251. At Worcester Assizes,* 190.12 Lent 14 Car. 1. One Chappels case who was born at W. in one County, setled at S. in another, and after laboring at L. in another, became a Cripple, and was taken begging as a wanderer, and by Jones Justice sent to W. the place of birth to maintain.

2. Note also, resolved that if one great with Child be sent to the House of Correction, and there she is delivered of the Child, that the Child shall be sent to the Parish from which the Mother was sent to the House of Cor∣rection to be kept and provided for there, being there last setled.

3. Note also, resolved that a Rogue is not to be sent to the House of Correction, but he is to be whipped and so to be sent to the place where he was last setled, if the same may be known, or otherwise to the place of his birth, but the House of Correction is for the Poor of a Parish who refuse to work, to be there whipped and set on work.

DXXXVII. Dalt. Edit. 1666. cap. 46. pag. 118.* 190.13 Resolutions of the Jud∣ges of Assize 9 Car. 1. Anno 1633.

1. Question, Whither the Church-wardens and Overseers of the Poor of the Parish with assent of two Justices of the Peace, one being of the Quorum may by 43 Eliz. 2. § 5. N. 1. or any law, inforce a Parishioner of the same Parish to take a Child of a Poor Parishioner of the same Parish, who is not able to keep his said Child, to be an Apprentice?

Resolution, That 43 Eliz. 2. § 5. N. 1. which saith that the Church-war∣dens and Overseers of the Parish shall put out Children to be Apprentices, necessarily implieth that such as are fit must receive Apprentices, and the putting out of poor Children to be Apprentices is one of the best ways of providing for the poor.

2. Quest. If they may, then whither they must not give mony with him,* 190.14 and who shall determine what mony shall be given with him if the party that is to take such Apprentice and the Church-wardens and Overseers cannot a∣gree thereupon?

Resolu. There is no necessity that mony must be given, but that must be left to the discretion of the Church-wardens and Overseers, all circumstances of age and ability being considered, and if they cannot agree with the party then the Justices of Peace near adjoyning, or in their default the Sessions of the Peace are to determine these controversies.

3. Quest. Whither a Knight, Gentleman, Clergyman or Yeoman,* 190.15 or one that is Sojourner using Husbandry, Clothing or Grasing, or the like, may be enforced to take such an Apprentice?

Resolu. Every Man who is by calling or profession or manner of living that entertaineth and must have the use of other Servants of the like Quali∣ty, must entertain such Apprentices, wherein discretion must be the guide upon due consideration of circumstances.

4. Quest. Whither a wealthy man keeping few or no Servants not wan∣ting a Servant, but living privatly, may be forced to take such an Apprentice,* 190.16 if not, then whither he may be taxed towards the putting forth of such an Ap∣prentice?

Resolu. For the receiving of such Apprentices the answer may be refer∣red to to the next Question 3. before, but out of doubt every such person must contribute to the charge as to other charges for the provision for the Poor.

* 190.175. Quest. Whither they may inforce a Parishioner that is of one Parish to take such a Child Apprentice that is of another Parish, but within the same County or division, if the proper Parish be not able to provide for the Chil∣dren of the same Parish?

Resolu. The Justices may provide Masters for them in other Parishes within the same Hundred, and if the same Hundred be not able, then out of that Hundred in the rest of that County, as for other provision for the poor which must be at a Quarter Sessions, 43 Eliz. 2. § 3. N. 1. 2.

* 190.186. Quest. If such a parishioner may be enforced to take such an Appren∣tice and shall refuse not only to take such an Apprentice, but also refuse to be bound to appear at the next Quarter Sessions or Assizes what shall be done to him?

Resolu. If any refuse, let such a one be bound over to the next Sessions or Assizes, if he refuse to give such bond, let him be sent to the Goal, there to remain until he shall give such bond.

* 190.197. Quest. If such a parishioner who refuseth to take such an Apprentice shall be bound over to the Sessions for not taking such an Appentice, and when he appeareth there shall likewise refuse, what shall be done to him and what shall be done to the Parents who refuse to suffer their Children to be put out to be Apprentices, themselves not being able to maintain them?

Resolu. If at the Sessions or Assizes such a one refuseth to take an Appren∣tice, and his excuse be not allowed, it is fit he be bound to the Good-be∣havior.

And it will be a good course to indict such a refuser for a contempt, and thereupon to fine and imprison him.

If he refuse to be bound to the Goodbehavior, let him be imprisoned till he will, and the Kings book of orders directs that such be bound with good sureties to appear at the Council board.

And if the parents of such poor Children refuse to suffer their Children to be bound Apprentices, or being bound intice them away, themselves not be∣ing able to maintain them, let them be committed to the House of Correcti∣on.

* 190.208. Quest. Whither it be in the power of any general Quarter-Sessions to mitigate any penalty upon a Statute Law, if the party Indicted shall submit himself to the fine of the Court and wave the traverse?

Resolu. If the party be convicted or confess the fault, it is not in the pow∣er of the Court to mitigate the fine in such cases where the Statute makes it certain, Lambert 569. 570. in Justices 185.

But if the party indicted protesting his Innocency, yet quia noluit placitare cum Dom. Rege puts himself upon the grace of the Court, the Court may impose a moderate fine and order to forbear the prosecution.

* 190.219. Quest. If any be bound to appear at the Sessions, and shall tender sub∣mission to the Court, whither the Sessions may stay the Indictment and mi∣tigate the fine aforesaid upon the Confession of the fact?

Resolu. This is answered before to the next Precedent Article 8. Questi∣on.

* 190.2210. Quest. If a man be convicted for being drunk, tipling and keeping an unlicenced Alehouse, or that being Licenced, for suffering others to remain tipling in his house, or for swearing, or for driving of Cattle upon a Sun∣day contrary to the Statute 4 Jac. 5. in that case provided, whither the Justi∣ice

of Peace before whom he was convicted, or any other Justice of the Peace may discharge him of all or part of the forfeiture or punishment ap∣pointed by the Statute?

Resolu. The Justices have no such power of mitigation after convicton, where the Statute appoints the measure of the punishment.

11. Quest. Whither a Constable may upon a Warrant for carrying one to the House of Correction for keeping an unlicenced Ale-house,* 190.23 upon the second conviction break open the house wherein the party convicted is, to apprehend him, 3 Car. 1. cap. 3. (4.) § 4. N. 1.

Resolu. This Question is to be advised upon: It is put in general terms and referred to be considered in the particular case when it appeareth.

12. Quest. If a Woman unmarried be hired from week to week or from half year to half, or by the year, in one Parish,* 190.24 and there be gotten with Child, and then goeth from thence unto another Parish where she is setled in service by the space of two or three months, and then is discovered that she is with Child, the Question is whether she shall be setled in the Parish where she is begotten with Child, or in the Parish where she was last setled?

Resolu. The place where such a woman was lawfully setled, is the directi∣on in this Case, not where she was begotten with Child.

13. Quest. If a Woman Servant unmarried be begotten with Child and then goeth out of her Masters service,* 190.25 before or after it is discovered that she is with Child, and the reputed Father be run away, or is not able to free the Parish, whither the Master may be enforced to provide for her till she be delivered, and for a month after?

Resolu. If the Master hath legally discharged his house of such a Servant he is no more bound to provide for her than for any other.

14. Quest. In case a Parish consist part of Ancient Demesne and part of Guildable,* 190.26 and an assessement is made for the relief of the maihemed Soul∣diers the Goal, &c. according to 43 Eliz. 2. § 12. N. 2. whither the Te∣nants in Ancient Demesne shall contribute with the Guildable for the pay∣ments of the assessement?

Resolu. The Statute doth not distinguish between the Ancient Demesne and the Guildable in those cases, & ubi lex non distinguit, ibi nec nos distinguimus.

15. Quest. Whither an Indictment of forcible detainer be within 21 Jac. 8. § 6. N. 1. and not to be removed by Certiorari,* 190.27 unless the party indicted first find sureties according to the Statute 21 Jac. 8. § 7. N. 2.

And whither the party indicted be to be bound himself, or may send sure∣ties to be bound in his absence to prosecute according to that Statute 21 Jac. 8. § 7. N. 2.

And whither an indictment of forceible entry, &c. found at a private Sessions, and certified to the Quarter Sessions, be to be removed by Certiorari without sureties according to that Statute?

Resolu. This is fittest to be left unto the Court of B. R. to whose courses and Jurisdiction this is most proper.

16. Quest. If one be convicted upon 3 Car. 1. 1. (2.) § 1. N. 2. for driv∣ing of Cattle on the Sunday throughout several Parishes,* 190.28 whither he shall forfeit 20 s. to every of the said Parishes, or only to one, if to one, then to which of them?

Resolu. 3 Car. 1. 1. (2.) Giveth the forfeiture but of one 20 s. for one Sab∣bath day, altho the driving of that day be through divers Parishes, therefore where the Action is first attached and the distress first taken, that Parish shall have the benefit of the forfeiture and not the other.

17. Quest. If one who is under thirty years of age,* 190.29 and brought up in

Husbandry, or a Maid Servant, or brought up in any of the Arts mentioned in 5 Eliz. 4. § 4. N. 13. and not enabled according to that Statute to live at his or her own hand, shall be warned by two Justices of Peace to put him or her self in service by a day prescribed by them, and shall not do the same ac∣cordingly, but shall after continue living at his or her own hand, what course shall be taken with such a person and how punished?

Resolu. Such persons being out of service and not having visible means of their own to maintain themselves without their labor, and refusing to serve as an hired Servant by the year, may be bound over to the next Sessions or Assizes, and to be of the Good-behavior in the mean time, or may be sent to the house of Correction.

* 190.3018. Quest. Whither the tax for the relief of the Poor upon 43 Eliz. 2. § 12. N. 2. shall be made by ability, or occupation of Lands, or both?

And whither the visible ability in the parish where he liveth, or general a∣bility wheresoever?

And whither his Rent received within the Parish where he lives, shall be accounted visible ability, and whither he shall be taxed of them only, and not for any Rents received from another Parish, and what shall be said visible ability?

Resolu. The Land within each Parish is to be taxed to the charges in the first place equally and indifferently, but there may be an addition for the personal visible ability of the parishioners within that Parish according to good discretion, wherein if there be any mistaking, the Sessions, &c. or the Justice must Judge between them.

* 190.3119. Quest. Whither Shops, Salt-pits, Sheds, profits of a market, &c. be tax∣able to the poor as well as Lands, Cole-mines &c. expressed in 43 Eliz. 2. § 1. N. 4.

Resolu. All things which are real and a yearly Revenue must be taxed to the poor.

* 190.3220. Quest. Whither the tax for the County stock, Goal, and House of Correction is to be made 14 Eliz. 5. § 37. (••2.) N. 1. and 43 Eliz. 2. § 12. N. 1. by ability and upon the Inhabitants of the parish only, or upon them that are occupiers of lands dwelling in that parish, or whither such as oc∣cupy lands in that parish and dwell in another parish shall be taxed?

Resolu. If the Statute in particular cases give no special direction, it is good discretion to go according to the rate of taxation for the poor, but when the Statutes themselves give direction, follow that.

* 190.3321. Quest. VVhither any taxes ought to be made for the charges that pety Constables and Borsholders are at in conveying Rogues from Parish to Parish and relieving of them, and how to be rated?

Resolu. It is fit to relieve the Constable and Tythingmen in such sort as it hath been used in the several places where they live.

* 190.3422. Quest. VVhither a Justice of Peace may discharge a Servant being with Child, from her service, allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done?

And if he may discharge her, whither that Parish shall provide for her till her delivery, if she cannot provide for her self, and so also if her time be ex∣pired before her delivery who shall provide for her after her time end∣ed?

Resolu. If a VVoman being with Child procure her self to be retained with a Master who knoweth nothing thereof, this is a good cause to dis∣charge her from her service, and if she be gotten with Child during her ser∣vice it is all one, but the Master in neither case must turn away such a Servant of his own authority.

But if her term be ended or she lawfully discharged, the Master is not bound to provide for her, but it is a misfortune fallen upon the Parish, which they must bear as in other cases of casual impotency.

23. Quest. Whither one being delivered of a Bastard-Child in one Parish and goeth into another with her Child, and becomes a Vagrant,* 190.35 and so is sent to the place of her birth, her Bastard-Child being under the age of se∣ven years, shall be setled with the Mother and there maintained, if the Mother be not able nor the reputed Father known, or to be found, or whi∣ther it shall be sent to the place of its birth, or being setled with the Mother, whither the Parish where it was born, shall be ordered by the two next Justices to pay a weekly summ towards the maintenance of it?

Resolu. The Bastard-Child must be placed with the Mother so long as it is within the Quality or Condition of a Nurse-Child; which shall be till seven years of age, and then it is fit to be sent to the place of its birth to be provi∣ded for, the Mother or reputed Father not being able, and the Parish where the Child is born shall not be forced to contribute to the Charge as long as the Mother lives and the Child be under seven year old.

24. Quest. A Man with his VVife and Children takes a House in one Pa∣rish for a year,* 190.36 and before the end of his Term is unlawfully put out of pos∣session, and after takes part of an House as an Inmate in another Parish, from whence he is also put out, and then not being able to get any dwelling, they come to lie in a Barn in a third Parish, where the Husband falleth sick and the VVife is delivered of another Child, where ought these to be setled?

Resolu. If a Man or Woman having House or Habitation in one Parish be thrust out, this is an illegal unsetling which the Law forbiddeth, for none must be enforced to turn Vagrant, and such one must be returned to the place where he or she was last lawfully setled, and the Child also born in the time of his distraction.

25. Quest. VVhither an Apprentice put out by the Church-wardens,* 190.37 &c. according to 43 Eliz. 2. § N. to a Master in another Parish, if his Mast∣er die and leave no Executor or Administrator, fit to keep an Apprentice, or able to place him, he shall be provided for in the Parish where he was Ap∣prentice or shall be sent back to the Parish from whence he was put out?

Resolu. Servants and Apprentices are by law setled in that Parish, and if they become Impotent there the Parish must abide the adventure after their term or time of service be lawfully ended.

26. Quest. VVhat is accounted a lawful setling in a Parish and what not?* 190.38

Resolu. This is too too general a Question to receive a perfect answer to every particular case which may happen, but generally this is to be observed, that the Law unsetleth none who are lawfully setled, nor permits it to be done by Practice or Compulsion.

And every one who is setled as a Native-Householder, Sojourner, an Ap∣prentice or Servant for a month at the least, without a Just complaint made to remove him or her, shall be held to be setled.

27. Quest. A Rogue is taken at C. and will not Confess the place of his birth, neither doth it appear otherwise,* 190.39 but that he confesseth the last place of his Habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known to be at W. and thereup∣on the Rogue Confesseth it to be so, whither he might without any more Va∣grancy be sent to W?

Resolu. In this case it is fit to send such a Rogue to the place of his birth, for this is but a mis-taking and no legal setling.

28. Quest. If an Indictment be preferred to the Grand-Jury of the Quar∣ter Sessions of the Peace, against one for Murder, Man-Slaughter, Robbery,* 190.40

Felony or Pety Larcency, and Ignoramus found thereupon, whither the said Sessions may deliver the party by Proclamation or not?

Resolu. Not by Proclamation at all, but for pety Larcencies and other pety Felonies in discretion the Goal may be delivered of them.

* 190.4129. Quest. If a Constable be chosen and refuseth to take his Oath, what shall be done and whither a Constable may make a Deputy and by what means?

Resolu. The refusal or neglect to take an Oath in such a case is a contempt worthy of punishment, and thereupon to Fine and Imprison him.

And the making of a Deputy is rather by toleration than by Law.

* 190.4230. Quest. If a Constable die or remove out of the Parish where, &c. how is his place to be supplied?

Resolu. By the Lord of the Leet, if that time fall neer, otherwise by the Sessions, but if that be too far off, then by the next Justices.

* 190.4331. Quest. If a Poor weak man be chosen Constable or Tythingman, and be unfit for the place, how may he be removed, and a fit Man sworn in his room?

Resolu. The Justices of Peace must help this, and if the Lord of the Leet have power to chuse a Constable or Tythingman, and perform it so ill, it is a just cause to seize is liberty.

* 190.4432. Quest. If a Nurse-Child, a Scholar at a Grammar School, or in the Uni∣versity, prove to be Impotent by sickness, Lameness, Lunacy or discovery of Ideocy, how such person shall be disposed?

Resolu. A Nurse-Child, or a Scholar at the Grammar School, or at the University, (or persons sent to the Common Goal, Hospital or House of Correction) are not to be esteemed as persons to be setled there, more than Travellers in their Inns, but their setling is where their Parents are setled, or themselves were last setled, (and Children born in Common-Goals and Houses of Correction) their Parent being Prisoners are to be maintained at the charge of the County.

* 190.4533. Quest. VVhat proportion shall Parsonages and Tythes bear to the Taxation of the Poor of the Parish?

Resolu. The Parson or Vicar presentative shall bear according to the reasonable value of his Parsonage, having consideration to the Just deducti∣ons.

* 190.4634. Quest. VVhither for placing the Poor of the Parish, not to be re∣moved by consent of the Parish, these Poor men may be placed as Inmates for a time?

Resolu. They may by express words of the Statute 43 Eliz. 2. § 5. N. 4.

* 190.4735. Quest. If a Parishioner or owner within a Parish do bring into the Parish, without the consent of the Parish, a stranger of another Parish, which is or apparently is like to be burthensome unto the Parish, how may they ease themselves?

Resolu. By taxing such a one to the charge of the rates of the Poor, not only having respect to his ability or the Land he occupieth, but according to the dammage and danger he bringeth to the Parish by his folly.

* 190.4836. Quest. For warding in the day time, for apprehending of Rogues whither the Constable may not enlarge it to a further time?

Resolu. VVarding in the day time is of great use, and must be left to the dis∣cretion of the Constables or direction of the Justices to vary according to the occasion.

* 190.4937. Quest. VVhither Ale-houses ought to be allowed only in thorough∣fare Towns, and others in other places to be restrained only to sell to Poor out of doors.

Resolu. The Justices shall do very well to allow none but in places very fit for their Situation and uses, and to moderate the number.

38. Quest. A Man for his quality otherwise fit to be a Constable,* 190.50 or of o∣ther Office of that nature, procures himself to be the Kings Servant extraor∣dinary, and by that means would excuse himself to serve in the Coun∣try?

Resolu. A Servant extraordinary may well perform his ordinary service in the County according to his Quality.

DXXXVIII. West. Simb. 2. part 127. b. Sect. 194. An Indictment against a Rogue, a Vagabond, and against him which lodgeth and relieveth him,* 190.51 Suprà 505. in Pract. Precedents 82.

Midlesex ss.

JƲratores pro Dom. Rege super Sacrament. suum praesentant quod A. B. nuper de C. in Com. praedict. Laborer, aetatis 14 Annorum ac amplius ac corpore sano, valente, potente atque ad laborand. habili existent. nullam autem habens terram, nec ullum Magistrum, nec aliqua utens licita Merchandiza, Arte vel Mysterio unde sibi victum parare possit, ac prorsus nesciens rationem reddere quo pacto victum summ legitime acquirit 10 die Augusti, Anno Regni, &c. apud F. Infra Hundredum de W. in Com. M. praedict. & multis aliis locis dicti Comitatus hac illac passim vagatus est mendicans ac per W. P. de F. praedict. in dicto Com. M. Yeoman Constabularium dicti Hundredi de W. in quo sita est villa de F. praedict. postea, viz. 11 die dicti mensis Augusti, Anno supra∣dict. apud F. praedict. in Com. praedict. invent. est Vagrans & mendicans, ac per eundem Constabularium tunc Ibidem deprehensus est, Jnordinate se gerens tanquam Vagabundus & mendicus valens, contrà pacem dicti Dom. Regis ac contrà formam diversorum statutorum, &c. inde provisorum & Editorum.

Et ulterius quod G. H. de F. praedict. in Com. praedict. Yeoman sciens prae∣fat. A. B. modo & forma praedictis vagantem & mendicantem eundem tamen A. B. dicto 10 die, &c. Anno supradict. in domo Ipsius G. H. mansionali apud F. praedict. in Com. praedict. Hospitant. ac eidem A. B. tunc & Ibidem pa∣nem & potum voluntarie dedit in contemptu dicti Dom. Regis, &c. ac contra form. Statutorum praedict.

DXXXIX. Practical Precedents 129, 130.* 191.1 An Indictment against Va∣grant selling Linnen-Cloath, 5 & 6 Ed. 6. 21. § N.

Midlesex ss.

JƲratores pro Dom. Rege super Sacrament. suum praesentant quod T. M. nuper de paroch. sanct. Buttolph. extrà Aldersgate Lon∣don, existent. aetat. 7 Annorum & Amplius, Leges & Statuta Hujusmodi Regni Angl. parvi pendens nec poenas in eisdem content. aliqualiter verens, 13 die Sept. Anno Regni, &c. & semper Postea hucusque & adhuc Inhabitans. in parochia praedict. dicto 13 die Sept. Anno supradict & diversis aliis diebus & vicibus. tam antea quam postea fuit & ad huc est otiosa persona Vagrans & Circumferens cum panno lineo Anglice, wandring abroad with Linnen Cloth, Infra Com. praedict. & ad tunc dictis aliis diebus & vicibus Ibidem in paroch. St. Mar. Mar∣sellon alias VVhite-Chappel in Com. M. praedict. portans secum & venditioni exponens Angl. offering to sale diversis ligiis & subditis dicti Dom. Regis pannum lineum praedict. ac dicto 13 die Sept. Anno supradict. apud paroch. St Mariae Marsellon alias VVhite-Chappel praedict. in Com. M. praedict. & diversis aliis locis Infra Com. M. praedict. contra leges & Statuta hujus Regni Angl. Circum∣vagrans Anglice hath wandred abroad, Circumferens Angl. carrying about secum T. M. praedict. & venditioni Exponens pannum lineum praedict. ac in hujus∣modi sua Circumvagratione apud paroch. ult. mentionat. & diversos alios locos Infra Com. M. praedict. ad tunc & dictis aliis diebus & vicibus illicite callide & subtiliter vendidit & utteravit diversas virgat. panni linei praedict. diversis ligeis,

& subditis dicti Dom. Regis Juratoribus praedict. adhuc Ignot. privat. Domibus suis & non apertis feriis sive mercat. ex Intentione ad Colorand. dictam Circum∣vagrationem suam & ad scapiend. a pumtione pro ejus Circumvagratione, & sic Juratores praedict. super Sacrament. suum praedict. dicunt quod praedict. T. M. dicto 13 die Sept. Anno supradict. ac dictis aliis diebus & vicibus apud paroch. Sanctae Mariae Marsellon alias VVhite-Chappel praedict. in Com. M. praedict. & dictos alios locos Infra Com. M. praedict. fuit Vagabundus in contemptum dicti Dom. Regis nunc Legumque suarum in malum Exemplum omnium aliorum in hujus∣modi casu delinquent. & contra pacem, &c. nec non contra form. Statut. in hujusmodi casu edit. & provisi, &c.

* 192.1DXL. Pract. Precedents 190. An Indictment for maintenance of In∣mates.

Mid. ss.

JƲratores pro Dom. Rege super Sacrament. suum praesentant quod A. B. nuper de parochia Sancti Sepulchri in Com. Midlesex Brick∣layer 15 die Maij Anno Regni, &c. Existens proprietor cujusd. Tenement. a∣pud paroch. praedict. in Com. praedict. dictum Tenement. in Quatuor separalia Tenement. pro Inhabitatione ad tunc & ibidem divisit & conversit, & quod praedictus A. B. separales subtenents cum Familiis in dictis Tenement. per Ipsum sic ut praefertur divisis & conversis cohabitare Ibidem voluntarie locavit dictosque separales subtenentes cum Familiis suis a praedict. 15 die Maij Anno supradict. usque diem captionis hujus Inquisitionis in dicto Tenement. per praedict. A. B. sic ut praefertur divis. & convers. cohabitare & commorari promisit in magnum periculum inficiend. inhabi∣tant. ibidem cum pestilentia & aliis morbis contagiis ac ad depauperationem parochia∣norum paroch. praedict. & ad parochiam istam cum multitudine pauperum onerand. ad Commune nocument. omnium ligeorum & subditorum dicti Dom. Regis Ibi∣dem Commorant. nec non contra pacem dicti Dom. Regis nunc Coronam & digni∣tatem suas, &c.

POPE.

Recusants, Provisors, Rome, Crucifix, Jesuits, Agnus Dei, Absolution, Bulls Seminaries, Priests, Premunire.

* 193.1I. THE form of a Commission into the County of Middlesex on 1 Eliz. 1. § 19. N. 3. and 5 Eliz. 1. § 7. N. 1 and 3 Jac. 4. § 13. N. 2. for Administring the Oaths of Supremacy and Allegiance to Popish Recusants or so reputed.

CAROLUS secund. Dei. Gratia, Angliae, Scotiae, Franciae & Hiberniae, Rex, fidei Defensor, &c.

Omnibus & singul. Custodib. Pacis Com. Mid. Salutem.

Sciatis quod dedimus vob. & aliquibus duob. vel plurib. vestrum Potestatem & Authoritatem requirendi & recipiendi Sacrament. Communiter vocat. the Oath of Supremacy, specificat. in quodam Statuto Anno Regni Dom. Elizabeth nuper Reginae Angliae, primo fact. Ac etiam Sacrament. Vulgarit. vocat. the Oath of Obedience, specificat. in quodam alio Statuto Anno Regni Dom. Jacobi nuper Regis Angliae tertio fact.* 194.1 de A. B. C. D. &c. subditis nostris Romanae Superstionis sectatorib. sive tal. reputat. Anglice Popish Recusants or so reputed, de quib. seperalia Sacram. praedict. vigore Statuto praedict. ac virtute hu∣jus nostrae Commissionis ullo modo respective requirunt. & recipiant. in aliquo loco in dicto Com. Midlesex, qui sit infra decem Milliaria a Civitatibus nostris Lon∣don,

vel VVestminster Comorantib. & ideo vob. firmiter mandam. quod in & circa premissa respective diligenter intendatis. In Cujus rei Testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westminster Septimo die Novem∣bris Anno Regni nostri tricesimo.

BARKER.

2. Note that in one Englefields Case on an Indictment of Premunire for re∣fusal to take the Oath of Supremacy in Pasch. 33 Car. 2. in B. R. upon a special Verdict out of Berks, on the like Commission it was adjudged good de omnibus & singulis generally on 1 Eliz. 1. § 19. N. 3, &c.

II. At the Court at White-Hall, Jan. 17. Anno 1678,* 194.2 &c.

There hav∣ing been lately presented by the Justices of the Peace, six Quaeries to His Ma∣jesty in Council, viz. 1. Whether Foreigners (Popish Recusants) that are and have long been here setled House-Keepers, and are Tradesmen, viz. Chirurgions, Taylors, Perywig-makers, or Ordinary Shop-Keepers follow∣ing Imployments for their own advantage, but not otherwise Merchants, but are certified to be Merchant Strangers, shall be excused from tak∣ing the Oaths, or finding sureties or either of them.

2. Whether such Foreigners being certified by Ambassadors or other Fo∣reign Ministers to be their Servants at this time, shall be excused.

3. Whether Foreigners (Popish Recusants) setled here, House-Keepers, but neither are Tradesmen, Travellors or Foreign Ministers Servants, shall be excused.

4. VVhether native Subjects of our Soveraign Lord, that are Menial Ser∣vants of Foreign Ministers, shall be excused.

5. VVhether Married VVomen being Popish Recusants, but their Hus∣bands Protestants, shall be excused.

6. VVhether Popish Recusants that have taken the Oaths, found sureties have appeared and are convict shall find new Sureties or be continued over.

And His Majesty having from the Judges to whom the same were referred, received answer in writing, in the words following,

May it please your Majesty, we have met and considered of the Questions proposed to us, and do hereby humbly return our opinions; To the first we are of opinion, 1. That Foreigners being Popish Recusants and exercising ordinary Trades (but not Merchants) are not excused from taking the Oaths or finding securities.

2. To the second, that Foreigners tho certified by Ambassadors to be their Servants, except they are their Menial Servants, are not excused.

3. To the third, that Foreigners, tho setled House-Keepers, being no Tra∣vellors, or foreign Ministers Servants, are not excused.

4. To the fourth, that the Kings Native Subjects are not excused from taking the Oaths by being Menial Servants to Foreign Ministers.

5. To the fifth, we find no law that excuseth a Feme-Covet being a Pa∣pist, from taking the Oaths, tho her Husband be a Protestant.

6. To the sixth that a Popish Recusant having taken the Oaths is not bound to find new sureties, unless upon a new tender of the Oaths he shall refuse to take them.

All which with great humility we submit to your Majesties Judge∣ment.

• William Scroggs, Ch. J. B. R.
• Fran. North, Ch. J. C. B.
• ...Will. Mountague, Ch. Baron.
• Robert Atkins, C. B.
• V. Bertye Esch. or C. B.
• Fra. Bramston, Esch.
• Will. Wild, B. R.
• Tim. Litleton, Esch.
• Hugh Windham, C. B.
• Tho. Jones, B. R.
• Will. Dolben, B. R.

His Majesty is Graciously pleased to approve the said report and opini∣on of his Judges, and did this day order, as it is hereby ordered according∣ly, that the Justices of the Peace in their respective Precincts, do in Exe∣cution of their duties touching the particulars there mentioned, take notice of the same, and conform themselves thereunto, and this order is to be sent to the Custos Rotulorum of Each County, that he may give information of the same, see 3 Jac. 5. § 5. N. 1. Infra. 219.

R. Southwel.

* 196.1III. The Laws, &c. 13. 14. Abr. 7. The half year here mentioned 1 Eliz. 1. § 31. N. 2. is not to be understood of six months (as Wingate Crown 10 mistakes,) which is in Law to be accounted secundum numerum singulo∣rum dierum, allowing twenty eight days to every month, and not accord∣ing to the solar month, nor according to the Kalendar, unless it be on 13 Ed. 1. W. 2 cap. 5. § N. for the lapse in Quare Impedit, and by 2 & 3 Ed. 6. 13. § N. of proving a suggestion 1 Inst. 135. and 2 Crook 166, 167. B. of Peterborough vers. Catesby, Yelverton 100. Catesby vers. Baker, and Hob. 179. Coply against Collins. But the half year in 1 Eliz. 1. § 31. N. 2. is to be understood according to the Kalendar Infra pl. 65.

* 196.2IV. The Laws, &c. 14. Abr. 8. Sir Edw. Coke 4 Inst. 331. in his Constructi∣on of 1 Eliz. 1. § 31. N. 2. saith, that no persons shall be impeached for any of the offences by preaching, teaching, or words, unless they be lawfully in∣dicted within the space of half a year, but yet it seemeth, that the words of the Statute will not bear such a Construction, neither if they did, is it Law at this day, nor was then when the Institutes were wrote.

1. For that 1 Eliz. 1. § 31. N. 2. refers only to the Case of Imprisonment, that where the Offender by preaching, teaching, or words is Imprisoned, and is not Indicted within half a year after the offence committed, he shall be set at liberty and shall be no longer detained in prison for any such cause or offence, and this was done in favour of liberty, and to prevent a long Imprisonment upon a malicious and groundless accusation; but there is no colour to extend the words to the Offender, who was never Imprisoned, al∣tho the offence was by preaching, teaching, or words only.

2. Put the Case, that an Offender by preaching, teaching, or words, had been Imprisoned within the half year, yet it seems very questionable, whether at the half years end, when he was set at liberty (as he ought to be by 1 Eliz. 1. § 31. N. 2. if he be not in the mean time indicted) he should have been clearly discharged by this Act from any prosecution, during the half year then next following, for altho it be said (he shall be no longer detained in prison for any such cause or offence) yet that seems to refer only to his Imprisonment before Conviction, and (detained) imports as much, viz. that he should not be continued or remain in the same Imprisonment, which he suffered within the first half year, before any Indictment was found against him, but not that he should not be indicted afterwards within the compass of the year, and if found guilty, suffer the Imprisonment and other penalties inflicted by this Act; and it might so have happened, that an of∣fender by preaching, teaching, or words, might have been accused, taken, and Imprisoned a day or two before the half year next after the offence ex∣pired, in which Case it cannot be thought to be the meaning of the makers of the Law, that by his Imprisonment for a day or two he should escape the penalties of the Law, and could not be afterwards indicted within the com∣pass of the year, and yet in that Case he ought to be set at liberty by the ex∣press words of the Act, which saith (he shall be set at liberty if not indicted within half a year after the offence) and not half a year after his Imprison∣ment.

3. It seems now to be out of doubt, but that any Offender against 1 Eliz. 1. altho by preaching, teaching, or words, may be Indicted at any time within a year and a day after the offence committed, and that by 23 Eliz. 1. § 8. N. 1. which saith, that all offences against 1 Eliz. 1. and 5 Eliz. 1. and 13 Eliz. 2. touching acknowledgment of Her Majesties Su∣pream Government in Causes Ecclesiastical, shall and may be inqui∣rable within a year and a day after the offence committed, and the affirming or maintaining the Spiritual or Ecclesiastical Jurisdiction of a Foreigner was without question an offence against Her Majesties Supream Government in Causes Ecclesiastical, and against the acknowledgment thereof, so that the year limited by 23 Eliz. 1. § 8. N. 1. is now extended to a day further: and whatever the meaning of it was as to the half year, all offences against it, whether by preaching, teaching, or words, or otherwise (for 23 Eliz. 1. § 8. N. 1. is general, and reaches all offences whatsoever against 1 Eliz. 1. touching the Supremacy Ecclesiastical) may now be enquired of within a year and a day, whether the party be in prison or not, but yet it seemeth, that in Case of Imprisonment within the first half year this provision 1 Eliz. 1. § 31. N. 2. for the setting at liberty of the Prisoner at the end thereof, if he be not before that time indicted, remains still in force, and is not abro∣gated by 23 Eliz. 1. § 8. N. 1.

V. The Laws, &c. 16. Abr. 9.* 196.3 The provision made in 1 Eliz. 1. § 34. N. 1. and other Acts of Parliament for the Tryal of a Peer by his Peers in case of Treason, where he was to be tryed by the Course of the Common Law, is ex abundanti, and he should have such tryal if no such provision were in∣serted, the like in the case of Felony, Stamf. Coron. 159.

VI. Lambert 2. cap. 7. pag. 227. Justices of Peace cannot deal with Tray∣tors in the point of Treason, but as Breakers of the Peace,* 196.4 saving that in some Cases they have a special power to inquire and receive Indictments on∣ly, and of this sort are, 1. Treason of extolling Foreign power by 1 Eliz. 1. § 27. N. 1.

2. The Treason of absolving or withdrawing his Majesties Subjects from their Natural Obedience, by 23 Eliz. 1. § 2. N. 1. &c.

And 3. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome, by 13 Eliz. 2. § 2. N. 1.

VII. Lambert 56. There hath been care taken once or twice in our memory to exact this Oath of Supremacy,* 196.5 1 Eliz. 1. § 19. N. 4. of all the Justices of the Peace throughout the Realm, whereof some good hath ensued; but yet many a Justice there is, that by indirect practice, never took either this or the Oath of Officers, whereof what harms do or may grow, I leave to wiser and higher Men to be considered, adding this only, that it would avail greatly to the furtherance of the service, if the Dedimus Potesta∣tem to give these Oaths were dirigible to the Justices, and none other to Mini∣ister the same, not elsewhere, but in their open Session.

VIII. Crompt. 10. b. Every Justice of Peace before he takes upon him to exercise or occupy the Office of a Justice of Peace shall take the Oath of Supremacy, 1 Eliz. 1. § 19. N. 4.* 196.6

IX. Crompt. 11. Nota,* 196.7 That the Justices of Peace ought to take this Oath of Supremacy in the open Court of Sessions, where he serves, by 5 Eliz. 1. § 15. N. 1. and I have seen it done at the Assizes in the County of Staf∣ford, and its the best way to be so done, for where on 5 Eliz. 1. § 7. N. 1. a Commission is made to take their Oaths, when they are made Justices of Peace, it may be that the Commissioner will return, that he hath taken his Oath, when he hath not done so in fact, if he that be to be sworn be such a one, as is not well affected to the Religion now established.

X. Crompt. 12. Charge in Sessions.* 196.8 First to enquire if any within this year

and day hath depraved, despised or Contemned the Sacrament of the body and blood of our Saviour Jesus Christ, in contempt thereof by any con∣temptuous words, or by any words of depraving, despising, or advisedly hath in any other manner contemned, despised, or reviled the said Sacra∣ment contrary to the Edicts and Declarations heretofore, &c. 1 Ed. 6. 1. § N. 1 Eliz. 2. § N. and 23 Eliz. 1. § N.

* 196.9XI. The Laws, &c. 22. Abr. 17. One indicted on 1 Eliz. 2. § 5. N. 1. for Administring Baptism in other form than is thereby prescribed, and is convicted, and afterwards is again indicted for the like offence, 1 Leon. 295. pl. 403. by the opinion of Clench Justice in B. R. the second Indictment must mention the first Conviction, or the Judgment cannot be for the second offence, viz. Imprisonment for a year, and deprivation: But Wray Chief Justice held, that if both Indictments were before the same Justices, they are to take notice of the firct Conviction, altho it be not mentioned in the se∣cond Indictment, and ought to give Judgment accordingly; but if the se∣cond Indictment be taken by other Justices, then without mention therein of the first Conviction, they cannot give Judgment for the second offence.

* 196.10XII. The Laws, &c. 24. Abr. 18. A Feme Covert is within the meaning of (1 Eliz. 2. § 9. N. 1. any person, &c.) and shall be liable to the penalties thereby inflicted, Hob. 97. Moor versus Hussey. Dyer 203. pl. Sir Edward Walgrave's Case.

* 196.11XIII. The Laws, &c. 24. Abr. 20. The hearing of Mass is a maintaining within 1 Eliz. 2. § 9. N. 2. and the person hearing is indictable thereupon, Hob. 97. Dyer 203. and 323. pl. Fermors Case.

* 196.12XIV. The Laws, &c. 25. Abr. 21. The Offender in any of these Cases, (viz. 1 Eliz. 2. § 10. N. 1. and § 11. N. 1.) cannot be punished for the se∣cond offence before he be adjudged for the first, and that second offence must be committed after the Judgment given for the first; nor for the third offence before he be adjudged for the second, and that third must be com∣mitted after the Judgment for the second, for quod non apparet non est, & non apparet Judicialiter ante Judicium, 2 Inst. 479. Dyer 323. pl.

* 196.13XV. The Laws, &c. 26. A Feme Covert is within this Statute (1 Eliz. 2. § 14. N. 1. all and every person, &c.) and shall forfeit 12 d. if she re∣pair not to Church every Sunday and Holyday 11 Cook 61. Dr. Fosters Case 1 Rol. 93. 3 Bulstr. 87. pl. Dominus Rex & Law, Hob. 97.

* 196.14XVI. The Laws, &c. 26. Abr. 24. In an Indictment upon 1 Eliz. 2. § 14. N. 1. It need not be averred that the Offender is an Inhabitant within this Realm, &c. for if he be not, that ought to come on the other side, God∣bolt 148. pl. 191. An. Mannocks Case.

* 196.15XVII. The Laws, &c. 26. 27. Abr. 25. Nor need it be averred in such Indictment on 1 Eliz. 2. § 14. N. 1. that the party had no lawful or reason∣able excuse to be absent, but that ought likewise to come on the other side. 2 Leonard 5. pl. 6 Eliz. Dormers Case. Note, that these words having no lawful or reasonable excuse, &c. are by mistake in that Case supposed to be in 23 Eliz. 1.

* 196.16XVIII. The Laws, &c. 30. Abr. 30. These words in like manner and form, in 1 Eliz. 2. § 22. N. 1. appoint in what manner the offences shall be enqui∣red of, heard, and determined by Mayors and Head Officers of Corporati∣ons, &c. By Indictment, for so (inquire) imports, and tryal and verdict of twelve men, or such other legal proceedings upon the said Indictment, as are used by the Justices of Oyer and Terminer, and Assizes in their general Sessions: For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the offence, but must proceed according to the rules and forms of Law in the Con∣viction of the offender

2. And 1 Eliz. 2. § 22. N. 1. Saith (to which Justices of Assize do not com∣monly repair) so that the Mayor or head Officer of such places were only in∣tended in the Lieu and Room of Justices of Assize, and are therefore to pro∣ceed by the same Rules, as they do in the Counties at large.

3. But these words 1 Eliz. 2. § 22. N. 1. extend not to the point of time limited for Indicting such offender,* 196.17 nor are Mayors and Head-Officers tyed to their next Sessions, as the Justices of Oyer and Determiner, and of Assize are, as Wing. Tit. Service and Sacraments, N. 26. mistakes; for (in like manner and form) is intended in such respects only where it is not other∣wise provided for by the Statute, but it is expresly provided here 1 Eliz. 2. § 22. N. 1. that Mayors, and Head Officers of Corporations shall in∣quire of these offences only twice in the year (viz. within fifteen days after Easter and Michaelmas) and not at their general Sessions, unless it happen to be the Sessions after one of those two Feasts.

Nor can the Arch-Bishop, or Bishop by 1 Eliz. 2. § 18. N. 1. Associate himself in this Case to any Mayor or Head Officer of a Corporation, as Wing. tit. Service and Sacraments, N. 25. mistakes.

XIX. The Laws, &c. 37. Abr. 35.* 196.18 By Presentment here 5 Eliz. 1. § 3. N. 2. is to be understood, not only that which is properly so called, which the Jurors find and present to the Court, without any former Indictment deli∣vered to them: but also an Indictment, which is drawn and engrossed in form of Law, and delivered to the Jurors to be inquired of, which Indict∣ment, the Justices here named have power to take, by force of the word In∣quire, 5 Eliz. 1. § 4. N. 1. and is included within the word presentment, 5 Eliz. 1. § 3. N. 2. being a species of it, for every Indictment found by the Jurors is a presentment, and the Record saith Juratores, &c. praesentant, &c. when they find an Indictment, but every presentment is not an Indict∣ment, 2 Inst. 739. and as well the one as the other, touching the offences a∣foresaid, must be certified in B. R. infra 72.

XX. The Laws, &c. 41. Abr. 41.* 196.19 It is not necessary on 5 Eliz. 1. § 9. N. 1. that it be mentioned of Record in B. R. how or by whom the Certificate was brought in thither, and in Bonners Case, Dyer 234. pl. where the Bishop of Winchester certified the refusal of this Oath of Supremacy, and Excep∣tion was taken, that the Certificate was entred to be brought into Court per A. B. Cancellarium dicti Episcopi, but not per mandatum Episcopi, and the Exception was disallowed for that reason.

XXI. The Laws, &c. 41. Abr. 42. And on 5 Eliz. 1. § 9. N. 3. a Jury of the County where the Kings Bench is,* 196.20 can do no more in this Case than in∣quire, that is, indict the party refusing the Oath, unless where the refusal is in the same County.

2. Horn Bishop of Winchester tendered this Oath in Surrey, parcel of his Diocess, to Bonner then late Bishop of London, who refused to take it, and this was Certified by the Bishop of Winchester into B. R. then sitting at Westminster in the County of Middlesex, where Bonner was Indicted by a Jury of that County, according to this Act, 5 Eliz. 1. § 9. N. 3. the question was, by what County he should be tried, whether by a Jury of Middlesex, where the Indictment was taken, or by a Jury of Surrey, where the Of∣fence was committed, and it was resolved, that he should be tryed by a Jury of Surrey, for 5 Eliz. 1. § 9. N. 3. extendeth to the Indictment only, and leaveth the tryal to the Common-Law, which appoints it to be where the Offence was committed, for regularly by the Common Law, debet quis Ju∣ri subjacere ubi deliquit, 6 and 7 Edw. 6. Dyer 234. 3 Inst. 34.

XXII. The Laws, &c. 44. Abr. 45. Altho by this act 5 Eliz. 1. § 17. N. 1. no temporal person,* 196.21 of or above the degree of a Baron is compellable to take this Oath, yet if he be made a Justice of Peace he ought to take it by force

of 1 Eliz. 1. § 19. N. 1. Jones 152, 153. the Earl of Lincolnes Case.

* 196.22XXIII. The Laws, &c. 52. 53. Abr. 55. Upon 13 Eliz. 2. § 7. N. 3. The intent is material in this Case, and therfore if a man be Indicted upon the Statute for bringing in and offering or delivering such Agnus Dei, &c. or receiving the same, the intent must be mentioned in the Indictment as it must be in Indictments upon all Statutes where the intent as here is made part of the offence, so in an Indictment upon 5 & 6 Ed. 6. 4. § 3. N. 1. It is not e∣nough to say the party drew his Dagger in the Church against I. S. but it must be averred that he did it with an intent to strike him, as was resolved by the Court of B. R. Trin. 33 Eliz. in Penhalls Case, 4 Leonard 49. pl. 127.

It seemeth by the words of 13 Eliz. 2. § 7. N. 3. That to make the Re∣ceiver of such superstitious things an offender within it, there must be a Con∣currence of intentions, for the using or wearing them both in the giver and receiver, and that therefore if a person coming from beyond the Seas brings into this Realm any such superstitious things, but with no intent they should be worn or used, and gives them to his friend, at his request, who receives them with an intent to wear or use them, this is penal to neither.

Not to the giver, for he had no superstitious intent, and the intent is ma∣terial; nor to the receiver, for that the offering or delivering them to be worn or used, is expresly made in the Statute 13 Eliz. 2. § 7. N. 2. a Con∣dition precedent to the obliquity of the fact in receiving them; for the Sta∣tute 13 Eliz. 2. § 7. N. 3. saith, then as well the person so doing as also e∣very other person receiving them to that intent shall incurre a Praemunire, so that then only when the person delivering them, so doth, that is delivers them to be worn or used, the person receiving them to that intent shall in∣curre a Praemunire.

But yet there needs not any such concurrence of intentions in the giver and receiver to make the giver an offender, and therefore if a man brings into the Realm such superstitious things and delivers them to be worn or us∣ed, tho the party receive them not to the intent to use or wear them, but defaces, burns or otherwise destroyes, yet he that gave or delivered them in∣currs a Praemunire, for the words in the Act 13 Eliz. 2. § 7. N. 2. relating to the offerer or deliverer are intire in themselves and have no dependenee on the subsequent words 13 Eliz. 2. § 7. N. 3. relating to the receiver, but gene∣rally make all offenders who bring them in, and either offer or deliver them to a superstitious intent, without any respect to the intent of the party who receives or is offered them.

* 196.23XXIV. The Laws, &c. 54. Abr. 56. Upon 13 Eliz. 2. § 8. N. 1. If the person to whom such Agnus Dei, &c. is offered, do bring the offender to any Justice of Peace of the County where the offer is made, altho he be not the next Justice, yet it is good enough, and satisfieth the intent of this Act, for the word (next) is put in such cases into Acts of Parliament but for conveniency and the more speedy Execution of Justice, Styles, 246. pl. Maine and Sergeants Case.

* 196.24XXV. The Laws, &c. 54. Abr. 57. The Statute 13 Eliz. 2. § 8. N. 1. provides for the discovery of the offender in order to his punishment in three Cases, 1. If any such superstitious things be offered and the party be able to apprehend him that offers it, he must bring him to the next Justice of Peace of the County where the offer is made.

2. But if he cannot apprehend him, he is to disclose his name and place of abode or resort to the ordinary of that Diocess, or a Justice of Peace of that County, where the person to whom the offer was made is resident, and that within three days after such offer made.

3. But 13 Eliz. 2. § 8. N. 2. If he receives the thing offered, then he is not to apply to the Ordinary, but is strictly tyed to deliver it within a day

after to some Justice of Peace of that County, where he who received it shall then be Resident or happen to be, and in this last Case, if he receives it with an intent to use or wear it, and keeps it above a day, or delivers it to any other person or Justice of Peace, of any other County, he incurrs a Praemunire.

But these Justices of Peace are strangely confounded, as well in Dalt. 229. cap. 89. tit. high Treason, as in Wingate, Crown, 37. Lambert 194. 195.

XXVI. The Laws, &c. 56. Abr. 58. Upon 13 Eliz. 2. § 10. N. 1. (As is aforesaid) So that if the offence be not declared, as is aforesaid, that is,* 196.25 to such Justice of Peace as is appointed in 13 Eliz. 2. § 8. N. 1. but it shall be declared to any other Justice of Peace of a wrong County, that other Justice of Peace shall not incurre a Praemunire, if he doth not signifie or declare it to a Privy Counsellor.

Here 13 Eliz. 2. § 10. N. 1. 'Tis plain that any one Privy Counsellor suf∣ficeth, and the Justice of Peace is not bound to signifie the offence to the Privy Council, as Wingate Crown 138. misrecites the Statute.

XXVII. The Laws, &c. 60. Abr. 61. Upon 23 Eliz. 1. § 5. N. 1. Moor 606. pl. 838. Talbot was Indicted,* 196.26 quod existens aetatis 16 annorum & amplius non accessit ad Ecclesiam, &c. The question was, whether the Existens, &c. Should refer to the time of his Indictment or to the time of his absence. And the Judges conceived that the Indictment was well enough and pur∣suant to the Statute, and that Existens should in this Case referre to the time of his absence.

XXVIII. The Laws, &c. 60. Abr. 62. Upon 23 Eliz. 1. § 5. N. 1.* 196.27 This offence (Not repair, &c. but forbear, &c.) consists not in committing but in omitting, and is but a nonfeasance, and therefore cannot be said to be in any certain place, and for this reason in a popular action brought by the Infor∣mer, qui tam, &c. there needs no place be alledged in the Declaration, Anderson, 139. pl. 109. Cuff against Vachel.

Nor is Recusancy within 31 Eliz. 5. § 2. N. 1. which saith that the of∣fence shall be laid in the proper County where it was done or committed, for to speak properly it was not committed any where, Hobart 251. pl. Grimstone versus Molineux. infra, 79. § 6.

XXIX. The Laws, &c. 60, 61. Abr. 63.* 196.28 By this Being thereof lawfully con∣victed, 23 Eliz. 1. § 5. N. 1. Is not meant that the party must be Convicted in some former suit, but a Conviction upon the same Indictment or Information which is brought against him, for the recovery of the 20 l. per month is suf∣ficient conviction within the meaning of this Statute: And so are all penal Statutes which have in them those words (being thereof lawfully Convict∣ed) to be understood, that is of a conviction in the same sute whereupon the penalty is to be recovered, for the meaning only is that the offender shall forfeit nothing before Conviction, which is no more than the Law implyeth, and therefore in truth these words are but surplusage, and might as well have been omitted, 11 Co. 59. & 1 Rolls 90. pl. 41. Dr. Fosters Case, and 1 Rolls 204. pl. 6. and 3 Bulstrode 87. the King against Lane.

2. Nor is Convicton intended here 23 Eliz. 1. § 5. N. 1. only of a Con∣viction by Verdict, and therefore if the offender be Convicted upon his con∣fession of the Fact and Judgment thereupon be had, and consequently if Judgment be had against him upon a demurrer, which is a Confession of the matter of Fact, or if Judgment be given against him on nihil dicit, for any other Cause, any of these are sufficient Convictions whereupon to recover his penalty; for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for at∣tainted, as 'tis in many other Cases, for until Judgment he shall forfeit no∣thing, and altho he that is Convicted is not therefore attainted, yet every

one who is attainted or adjudged is Convicted, and of such a Conviction is this Statute to be understood infra 233.

* 196.29XXX. The Laws, &c. 63, 64. Upon the words, Be bound. in 23 Eliz. 1. § 5. N. 2. Some have made a question, and among them Mr. Shep∣hard in his Sure Guide, cap. 6. Sect. 5. by whom or in what Court the Re∣cusant shall be bound to the good behavior by force of this Statute, for that the Court is not expresly mentioned, and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize, Goal delivery, or Peace shall bind the party to the good behavior, and misrecites the Statute accordingly, but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt. 192. § 5. cap. 75. tit. good behaviour.

2. For where any proceedings are appointed to be upon or after a Certi∣ficate sent to any Court, there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent, if no other Court be named, and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done af∣ter such Certificate, as no question they may in this Case as well as upon Cer∣tificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and tis a rule in Construction of Statutes, that where the intention plainly appears, the Law ought to be advanced ac∣cording to its end, tho the words be short and imperfect, especially Laws made for Religion, as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155.

3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith. 2 Bulstrode 155.

XXXI. The Laws, &c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master, 23 Eliz. 1. § 6. N. 1. and the following words here (or teacher) explain who is intended (viz.) Every teacher of youth 23 Eliz. 1. § 7. N. 2.

* 196.30XXXII. The Laws, &c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Trea∣son by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical, the service of God, coming to Church, or Establish∣ment of Religion.

2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas: for now he may be Indicted at any time within the year and day.

3. But for absolving or withdrawing, or for being absolved, withdrawn or reconciled, which are 23 Eliz. 1. § 2. N. 1. made Treason, no time is limited for the prosecution, but the offender may be Indicted at any time after the year and day, for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine, and there no time is limited, altho there be in the former part 23 Eliz. 1. § 8. N. 1: for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords, Case.

* 196.31XXXIII. The Laws, &c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer, and Goal-delivery 9 Co. 118. Lord Sanchers Case, and therefore may en∣quire of, hear and determine the offences against this Act, altho they be not here especially named.

2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer, or of Assize, for any offence not made Treason or misprision, and there is an Indictment before Justices of Peace likewise for the same offence, the Judgment of the Justices who do first en∣quire, hear and determine the same, shall stand, and the Judgment given by the other shall be void, as was held in the like Case. 2 Inst. 739. Upon 31 Eliz. 7. § N. of Inmates.

3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not com∣ing to Church is in force at this day, notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery, and not elsewhere; for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire, hear and determine of all offences for not com∣ing to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church, which is clearly a reviver of the power of Justi∣ces of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Re∣cusants, and taken from them by 29 Eliz. 6. § 2. N. 2.

4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Con∣viction by Proclamation impeach this, or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance, no more than the Justices of Assize or goal-delivery are restrained there∣by or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to pro∣ceed by Proclamation.

5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative, viz. first that the Justices of Peace shall have power to hear and determine the of∣fence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do, and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is purely affirmative also, and thefore abrogates no part of the power given them by the former Clause of 3 Jac. 4. § 7. N. 1. and this agrees with what Sir Edward Coke saith 12 Co. 13. that if a man be Indicted for Recusancy at the Assizes or Ses∣sions of the Peace, the Court may waive the proceedings by Proclamation upon 3 Jac. 4. § 7. N. 2. And may still if they please proceed against the party by process upon this Statute 23 Eliz. 1. § 9. N. 2. in which Case the process must be by Venire facias, capias, &c. As in Indictments of Trespass, and if saith he the party be fugitive in another County, the Indictment may be removed in B. R. and then process may be there made out against him into any County of England.

XXXIV. The Laws, &c. 67. Abr. 71.* 196.32 Upon 23 Eliz. 1. § 9. N. 2. by Quarter Session, is intended here only the Sessions of the Peace, held at four times of the year and not any other, altho it be a general Sessions.

2. And therefore the Justices of Peace in London who hold a Sessions every month cannot take Indictments upon this Statute 23 Eliz. 1. § 9. N. 2. at any of them, unless it be the Quarter Sessions: For that their Authori∣ty is given them only at a certain time, as was resolved upon 5 Eliz. 9. § 9. N. 1. in the like Case, Mich. 17. Jac. B. R. Palmer 44. pl. Taylors Case.

3. And 3 Jac. 4. § 7. N. 1. which gives Justices of Peace power to take Indictments of Recusancy at their general or Quarter Sessions, for so the word (said) there imports, having reference to the general or Quarter Ses∣sions mentioned before 3 Jac. 4. § 4. N. 2. about Presentments, yet doth not enlarge the power of the Justices of Peace in this particular, nor enable

them to take such Indictments at any Sessions, but at their four Quarter Ses∣sions: for altho it be put there 3 Jac. 4. § 4. N. 2. dis-junctively General or Quarter, yet the latter word is but Explicative of the former, and shews what General Sessions are meant, as appears by 3 Jac. 4. § 14. N. 1. and 7 Jac. 6. § 26. N. 5. touching the Oath of Allegiance; for in 3 Jac. 4. § 14. N. 1. tis said, that if the party refuse the Oath he shall be committed to Goal, until the next Assizes or General Quarter Sessions, and if he refuse the Oath tendred him by the Justices of Assize and goal-delivery in their o∣pen Assizes, or by the Justices of Peace in their said general Quarter Sessions, he shall incurre a Praemunire; and in 7 Jac. 6. § 26. N. 5. that the party re∣fusing shall be committed to Goal until the next Assizes, or general Quarter Sessions, and if he refuse the Oath tendred him by the Justices of Assizes and Goal delivery in their open Assizes or goal-delivery, or the Justices of Peace, or the greater part of them in their general or Quarter Sessions, he shall in∣curre a Praemunire, which clearly shews that the same thing is intended by ge∣neral Quarter Sessions, and General or Quarter Sessions; and that all Gene∣ral Sessions which are not Quarter Sessions are excluded out of the meaning of those Statutes.

* 196.33XXXV. The Laws, &c. 68. Abr. 72. The Justices named in 23 Eliz. 1. § 9. N. 2. are hereby impowered to proceed by Indictment only, and no o∣ther way, for they are to hear and determine after enquiry, infra, 95. & 165.

2. And the word (Enquire) implyeth an Indictment, and is alwaies so to be expounded, supra 35, and so are the other words hear and determine where other proceeding are not specially named, as here they are not.

3. For the action of debt, Information, &c. in any Court of Record is given to the Informer qui tam &c. afterwards 23 Eliz. 1. § 11. N. 1. in a distinct branch by it self without any reference to this.

4. So that by 23 Eliz. 1. § 9. N. 2. and before 35 Eliz. 1. § 10. N. 2. which gave the Queen an action of debt, &c. the Queen had no other remedy to recover the intire forfeitures given hereby but by Indictment only. 11 Co. 60. and 1 Rol. 91. pl. 41. Dr. Fosters Case.

5. See Jones 193. pl. for that and the suit by the common Informer are the only wayes appointed by 23 Eliz. 1. § 9. N. 2. and § 11. N. 1. and the subsequent Clause 23 Eliz. 1. § 10. N. 1. of submission which names the Justices before whom the party is to submit, viz. the Justices before whom he is Indicted, Arraigned or Tryed, shews what proceeding are meant which are to be had before the Justices here named, that is by Indictment, Hob. 205. Pie and Lovel.

6. Talbot and Shelden were Indicted for Recusancy, Contra formam Sta∣tuti 23 Eliz. 1. in which Indictment the penalty was demanded, and in a Writ of Error the Judgment was reverst, for the offence is made by 1 Eliz. 2. § N. and the penalty is given by 23 Eliz. 1. § •• N. and therefore it should have been Contra formam Statutorum, Owen. 135. pl. Wests Case infra 79. § 4.

* 196.347. If a Feme-Covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. § 5. N. 1. she may be charged with the penalty after her Hus∣bands death, but the Husband is not chargable, nor shall pay the penalty, for that he is no party to the Judgment: And this was one of the Causes of making 35 Eliz. 1. § 10. N. 1. by which Statute the King may have an Acti∣on of debt, and recover the forfeiture against the Husband, 1 Rol. 93. 94. Roy versus Foster, Savile 25. pl. 59.

* 196.35XXXVI. The Laws, &c. 68. Abr. 73. This Exception 23 Eliz. 1. § 9. N. 2. of Treason and misprision of Treason extends not to the Justices of

Oyer and Terminer, or of Assize and Goal-delivery, as Wingate Crown 46. hath mistaken, but only to Justices of Peace, who are not to meddle in those two Cases, but the other Justices may.

XXXVII. The Laws, &c. 69. Abr. 75.* 196.36 Upon 23 Eliz. 1. § 10. N. 1. If a man be Indicted for Recusancy before Justices of Peace, and he submits and conforms before the Bishop of the Diocess, he may remove the Indictment by Certiorari into B. R. and there plead his Conformity by Certificate under the Bishops hand and Seal, Styles 26. pl.

2. For the manner of a Recusants submission and Conformity before the Bishop after Conviction, and the Bishops Certificate thereupon, see Co. Entr. 569.

XXXVIII. The Laws, &c. 90. Abr. 85.* 196.37 And his Being born within this Realm, 27 Eliz. 2. § 3. N. 1. must be comprised in the Indictment, but it need not be shown in what particular place he was born, but generally, quod J. S. natus infra hoc regnum Angliae, &c.

And so it must be alledged in the Indictment on 27 Eliz. 2. § 3. N. 1. that he was made a Jesuit or Priest, &c. by Authority Challenged or pre∣tended from the See of Rome.

But it need not be shewed where he was made a Jesuit or Priest, &c. whither beyond the Sea or within the Realm, for wheresoever it was, it is within this Law, if he were made so by the pretended Authority of the See of Rome, Popham 94. Southwells Case.

XXXIX. The Laws, &c. 102, 103, 104. Abr. 96.* 196.38 This Statute 29 Eliz. 6. § 3. N. 1. meddles not with any other way of Conviction than at the Queens suit by Indictment, as hath been said, and so is the Conviction here men∣tioned to be understood, for this Statute is not Introductory of a new Law, nor gave the Queen any new or other remedy than what she had against the Recusant by 23 Eliz. 1. § 5. N. 1. that is, by Indictment, but only gave her a more speedy way of proceeding upon that fundamental remedy, 11 Co. 60. and 1 Rol. 93. Dr. Fosters Case.

So that a Conviction upon an Information against the Recusant upon 23 Eliz. 1. § 11. N. 1. or any other way, save by Indictment, doth not appro∣priate the penalty of twenty pound per month to the King for the time to come by force of 29 Eliz. 6. § 3. N. 1. Infra 165. abr. 72. Hob. 205. Pie and Lovel, Nor for the same person by force of 3 Jac. 4. § 8. N. 1. where the same words are used and a Conviction by Indictment only intended, as here.

XL. The Laws, &c. 107. 108. Abr. 103.* 196.39 If the same be taken at any Assize or Goal delivery, 29 Eliz. 6. § 5 N. 6. for if the Indictment had been taken before Justices of Peace, no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal-delivery, as was resolved in the Case of Sir Edward Plowden.

And therefore upon such an Indictment for Recusancy taken before Justi∣ces of Peace, the Court was to remove the Indictment in B. R. and there pro∣cess might have been made out against the Recusant and he Convicted: for the Justices of Peace could do no more than Indict, all other proceedings being taken away from them by this Statute 29 Eliz. 6. § 2. N. 2. 11 Co. 63. and 1 Rol. 94. but now by 3 Jac. 4. § 7. N. 1. the Law is altered in this point, and the Justices of Peace upon Indictments taken before them, may proceed to Proclaime and Convict the Recusant, as well as Justices of Assize and goal-delivery, Abr. 95. N. 2.

XLI. The Laws, &c. 114. Abr. 108. Wingate Crown 70. saith,* 196.40 that if any person above sixteen years of age obstinately refuseth to come to Church for a month, or impugnes the Queens Authority in Causes Ecclesiastical, he shall be Committed to prison, 35 Eliz. 1. § 1. N. 2. which is a great mistake,

for no man shall be punished by this Act for either of those Causes, only the not coming to Church being only a precedent qualification required in the person whom the act makes lyable to the penalties thereof for the other of∣fences therein mentioned, Crompton 53. b.

2. And therefore if a man never comes to Church, yet he is no offender within 35 Eliz. 1. § 1. N. 2. unless he advisedly or purposely move or per∣swade another to deny or Impugne the Kings Authority in Causes Eccle∣siastical, or to that end or purpose advisedly and maliciously move or per∣swade some other to forbear to come to Church, or receive the Communion, or to be present at Conventicles, &c. or if he himself be present at such Conventicles, &c.

3. And on the other hand, if a man move or perswade any other to deny or Impugne the Kings Authority in Causes Ecclesiastical, or to forbear to come to Church or receive the Communion, or to be present at Conventicles, &c. Or if he himself be present at any Conventicles, &c. yet he is no of∣fender within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month.

4. So that the party must both forbear to come to Church, and be guilty of some other offences here enumerated, or he is not punishable by 35 Eliz. 1. § 1. N. 2. and as for the denying or Impugning the Kings Authority in Causes Ecclesiastical, its no offence within this Statute, unless the party moves or perswades others so to do: and not then neither, unless he hath been absent from Church by the space of a month.

XLII. The Laws, &c. 114. 115. Abr. 109. Ʋnder colour or pretence of any ex∣ercise of Religion. 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries, as distinguished from those of the Romish profession, yet in truth it extends to all Recusants whatsoever, as well Popish as other, except 35 Eliz. 1. § 2. N. 1. in the point of abjuration, for Popish service is performed under Colour or pretence of Exercise of Religion; and the as∣sembly or meeting of Popish Recusants under such colour or pretence is an as∣sembly or meeting contrary to the Laws and Statutes: and they as well as o∣thers may be Indicted upon this Statute if they forbear to come to Church for the space of a month, and be present at any part of the Popish service, or move or perswade, ut supra: And may be Imprisoned without Bail until they con∣form and make submission, as by 35 Eliz. 1. § 4. N. 1. is appointed, but they cannot be required to abjure unless they offend aganst 35 Eliz. 2. § 8. N. 2.

2. A Popish Recusant is likewise subject to an Action of debt, &c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2.

* 196.41XLIII. The Laws, &c. 115. Abr. 110. Being thereof lawfully Convict∣ed 35 Eliz. 1. § 1. N. 5. that is Convicted both of his absence from Church and of that other offence which makes him punishable by this Act (viz.) go∣ing to Conventicles, or moving or perswading, &c. for his absence from Church for a month must be laid down precisely in the Indictment, for with∣out that the other is no offence within this Act.

2. And tis not necessary that the party be Convicted of such absence upon any prior Indictment, for altho there was never any former Conviction of him for Recusancy, yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars, he may be Convicted both of that offence and of his absence upon one and the same Indictment, and so was the Indict∣ment Mich. 16. Car. 1. in the Case of Lee and others, 1 Cro. 593. pl. who were Indicted upon this Statute, at the Sessions of the Peace in Essex, for absenting themselves for a month from Church, and resorting to Conven∣ticles, to which they pleaded not guilty, and the Indictment was removed in B. R. to be tryed there.

* 196.42XLIV. The Laws, &c. 116. Abr. 111. Being thereunto required by the

Bishop, &c. or any Justice of Peace, 35 Eliz. 1. § 2. N. 1. But put the Case that the offender is Convicted, and the three months next after his Conviction elapse, before he is required by the Bishop or any Justice of Peace, or the Minister or Curate of the Parish, to conform and make submission as here appointed; and afterwards he is required by one of them so to do. It seems in this Case such request comes too late, for he ought to conform and submit within the three months, if he be required, but if he be not required, he is not bound to abjure for omitting it, altho he shall remain in Prison till he conforms and submits. But if within the three months he be requi∣red to conform and submit, and refuse, there is no question but he may be at any time afterwards warned or required to abjure.

XLV. The Laws, &c. 117, 118. Abr. 112.* 196.43 That 35 Eliz. 1. § 4. N. 5. appoints the Conformity and submission to be At any Church Chappel, or u∣sual place of Common-Prayer, but 35 Eliz. 1. § 4. N. 1. limits it to be at some Parish Church; the meaning whereof seems to be, that if a man be an offender against this Act, and Convicted, he may within the three months after his Conviction conform and submit by 35 Eliz. 1. § 1. N. 5. in any Church, Chappel or usual place of Common-prayer, where there is Common-pray∣er and either a Sermon or the Gospel read: Infra 145. But if he be requi∣red within the three months to conform and make submission, and he refuseth so to do, but the three months expire, then by 35 Eliz. 1. § 4. N. 1. his Conformity and submission must be more solemn and publick, (viz.) In some Parish Church, where it is presumed, there will be the greatest num∣ber of people to be witnesses thereof.

And by this Construction the seeming difference between 35 Eliz. 1. § 1. N. 5. and § 4. N. 1. is reconciled, and this construction naturally flows from the order wherein these two branches are placed, for 35 Eliz. 1. § 1. N. 5. speaks of a Church, Chappel or usual place of Common-Prayer, be∣fore it mentions the parties refusal to conform and submit within three months next after Conviction, but when it hath mentioned such refusal 35 Eliz. 1. § 2. N. 1. then it speaks of the Parish Church only, and the second time here limited 35 Eliz. 1. § 4. N. 1. to the offender when he may conform and submit (viz.) before he be warned and required to abjure, presupposes his refusal to conform and submit within the three months, for otherwise he could not be required to abjure.

But if the offender be not required within the three months, according to 35 Eliz. 1. § 4. N. 1. to conform and submit, it seems he is not afterwards limit∣ed to some Parish Church, but may do it according to 35 Eliz. 1. § 1. N. 5. in any Church &c. for he is then in no danger of abjuration: and his Con∣formity and submission is then to no other end but to free himself from the Imprisonment inflicted on him upon his Conviction, and in that Case the Act saith he may conform and submit in any Church, Chappel or usual place of Common-prayer.

And of this difference of places of Conformity no notice is taken in the Additions to Dalt. cap. 81. Sect. 13. tit. Recusants.

2. By Parish Church 35 Eliz. 1. § 4. N. 1. is to be understood,* 196.44 not only that which hath been alwaies the Mother Church and never belonged to any other, but every Church which hath the Administration of Sacraments and Sepulture. For that in Law is a Parish Church, altho it anciently belong∣ed to another Church, 2 Inst. 363. where the issue was whither it had Bap∣tisterium and Sepulturam.

And the Church of Stoke Goldenham, tho the Town was parcel of the Rectory of Hinckly, whose Church was Anciently the Mother Church, yet having all parochial rights and Church-wardens, was adjudged a Parish Church, and within 43 Eliz. 2. § N. of the Poor, Hutton 93. Hilton and Pauls Case.

* 196.45XLVI. The Laws, &c. 120. 121. Abr. 114. These words (All and e∣very the said pains, duties, forfeitures and payments) 35 Eliz. 1. § 10. N. 2. are not to be understood simpliciter or Exclusivè, as if the forfeitures upon 23 Eliz. 1. § 5. N. 1. could be recovered no other way than is prescribed here: but only they give the Queen a new remedy for recovery of them which she had not before, and take not away the remedy given by 23 Eliz. 1. § 5. N. 1. upon Indictment, nor that by 29 Eliz. 6. § 5. N. 6. upon Indict∣ment and Proclamation, nor the Informers popular action given by 23 Eliz. 1. § 11. N. 1. for all these three are affirmative Laws, and do not abrogate one the other, but may well stand together.

2. And the meaning of them taken together, is, that if the Informer re∣cover the forfeiture upon 23 Eliz. 1. § 11. N. 1. he shall have his part there∣of, but if the offender were Indicted at the Queens suit, and Judgment had against him upon 23 Eliz. 1. § 5. N. 1. or if he were Convicted upon Pro∣clamation and default upon 29 Eliz. 6. § 5. N. 6. the Queen should have the whole penalty, excluding the Informer, for he shall not be punished a∣gain for the same offence at the suit of the Informer.

3. But if the offender were neither Indicted nor sued by the Informer Qui tam, &c. the Queen should have another remedy to recover the intire forfeiture by Action of debt &c. upon this Statute 35 Eliz. 1. § 10. N. 2. so that the remedies given by these three Statutes 23 Eliz. 1. § 5. N. 1. 29 Eliz. 6. § 5. N. 6. and 35 Eliz. 1. § 10. N. 2. are Cumulative, and not Pri∣vative.

4. But as 35 Eliz. 1. § 10. N. 2. doth not abrogate any of the former laws touching Recusancy, nor takes away the Informers popular suit; so it adds nothing as to the Informer, nor gives him any more speedy remedy for the recovery of the forfeiture, but leaves him in the same condition as he was in before to take his remedy upon 23 Eliz. 1. § 11. N. 1. Dr. Fosters Case 11 Co. 61, 62. and 1 Rol. 90, 91, 93. 2 Cro. 481. & Bridgman. 121, 122. Parker versus Webb.

XLVII. The Laws, &c. 123. Abr. 120. The Statute here 35 Eliz. 1. § 11. N. 1. mentioned and called 28 Eliz. 6. is the same with 29 Eliz. 6. be∣fore: It being in some books called 28 Eliz. in others 29 Eliz. but (as it seems) more properly 29 Eliz. 6. for the Session wherein it was made was by Prorogation held 15 Feb. 29 Eliz. 1 Anderson 294. pl. 303. and 4 Inst. 7.

XLVIII. The Laws, &c. 124. Abr. 122. In the Additions to Dalton cap. 81. Sect 7. 'Tis said, that no married Woman is punishable by this Statute 35 Elizabeth, but are thereout excepted, whereas in truth they are no where excepted throughout this Statute, save only that they shall not be compelled or bound to abjure, 35 Eliz. § 12. N. 1.

For if a married Woman comes not to Church, but forbears for a month, and goes to Conventicles, or any other Meetings or Assemblies, under co∣lour or pretence of the Exercise of Religion contrary to Law, whether they be Popish or other, or perswades others so to do, or to forbear the Church, or to impugne the Kings Authority in Causes Ecclesiastical, she shall be im∣prisoned by force of this Act, 35 Eliz. 1. § 1. N. 5. until she conform and submits her self, but she cannot be further proceeded against, so as to re∣quire her to abjure.

A Married Woman by this Act, 35 Eliz. 1. § 10. N. 2. with her Hus∣band is likewise punishable for her Recusancy, by action of Debt, &c. brought against her and her Husband at the Kings Suit, so that 'tis a great mi∣stake to say she is not punishable by this Statute.

* 196.46XLIX. The Laws, &c. 125. 126. Abr. 124. Note that this Act 35 Eliz, 1. § 13. N. 4. being at first but temporary was afterwards discontinued,

Hutton 61, 62. But is since revived by 3 Car. 14. (5.) § 21. N. 1. and de∣clared to be in Esse, 16 Car. 2. 4. § 1. N. 1.

2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived, how an Indictment thereupon shall conclude,* 196.47 whi∣ther contra formam Statuti or Statutorum: For if a Statute be temporary, and afterwards continued for a longer time, or made perpetual and never discontinued, there without doubt it shall be contra formam Statuti.

But it hath been held by some, that where it was once discontinued and then revived, there it is as if there were two several and distinct Statutes, and the Indictment shall conclude, contra formam Statutorum. 9 Eliz. Pal∣mers Case.

But others have held the contrary, and that there is not any difference in the Case of a Statute at first temporary, and afterwards, before any discon∣tinuance, continued for a longer time or made perpetual, and a Statute dis∣continued and then revived, but that it shall in both Cases be held but as one Statute, and that the Conclusion shall be contra formam Statuti, and not Statutorum, unless where the Act of reviver makes any addition to the for∣mer Act, or increaseth the penalty or forfeiture, for then there is no doubt but they are two distinct Acts of Parliament, and according to this latter opi∣nion hath the practice been in Informations upon 5 Eliz. 9. of Perjury, which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti: And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4: not∣withstanding its discontinuance and reviver. Owen 135. Wests Case, 2 Cro. 170. pl 9, Yelvert 116. pl. 165. and 3 Cro. 750.

L. The Laws, &c. 137. Abr. 133.* 196.48 Within three months next after such per∣son shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clear∣ly mistakes the meaning, for he saith, that a Popish Recusant, whose Estate is under value, must make the submission prescribed by this Act within three months next after his arrival at his place of abode, which is a complicated Error; for he quite leaves out him who is to repair to the place where he was born, or his Father or Mother dwells; he makes the party lyable to such submission before he becomes an offender by not repairing or not pre∣senting himself, and giving in his true name or Travelling above five Miles: He speaks nothing of his being apprehended, whereas by the Act he cannot be required to abjure untill three months after his apprehension, and he turns the three months after his apprehension into three months after his arrival; all great mistakes and fit to be taken notice of by Justices of Peace, whose part it is to require the submission and abjuration, that they may not be mis∣led in the Execution of this part of their office by trusting to that abridg∣ment.

LI. The Laws, &c. 138. Abr. 134. Being thereunto required by the Bishop, &c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop, a Justice of Peace, or the Minister or Curate to make such submission, he cannot be re∣quired afterwards, nor be compelled to abjure by force of this Act, but if he be required within the three months to make submission, and refuse, he may be at any time afterwards warned or required to abjure.

LII. The Laws, &c. 138, 139. Abr. 135.* 196.49 The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form, or to this effect.

You shall Swear that you shall depart out of this Realm of England, and out of all other the Kings Majesties Dominions, and that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs: So help you God. 3 Inst. ••17. Stamford 119, 120.

Wilkinson, 66. hath set down another form, &c. resembling that of a Felon &c. vet. Magna Chart. 167. b. 168.

This hear you, Sir Coroner, that I J. M. of H. in the County of S. am a Popish Recusant, and in the contempt of the Laws and Statutes of this Realm of England, I have and do refuse to come to hear Divine Service there read and exercised: I do therefore according to the intent and mean∣ing of 35 Eliz. 2. § 8. N. 4. &c. abjure the Land and Realm of King Charles, now King of England, Scotland, France and Ireland; and I shall hast me towards the Port of P. which you have given and assigned to me, and that I shall not go out of the high-way leading thither, nor return back again &c. If I do, I will that I be taken as a Felon of our said Lord the King; and that at P. I will diligently seek for passage, and I will tary there but one Flood and Ebb, If I can have passage; and unless I can have it in such space, I will go every day into the Sea up to my knees, assaying to pass over. So God me help and his holy Judgment.

But in alluding to the old Oath for Felony, &c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service, for that is but one of the precedent qualifications of the person; but the of∣fence it self is of another nature, viz. his not repairing to the place the Sta∣tute appoints him, or his removal from thence contrary to the Statute, or his not presenting himself, and delivering his true Name, as aforesaid: Ei∣ther of these, if he be a Popish Recusant, within the meaning of this Act, is a Crime for which he ought to abjure, unless he prevents his abjuration by a timely Submission: Nor is the Popish Recusant bound to Swear that he will not go out of the high way, or return back, or will tarry but one Flood and Ebb, or go into the Sea up to his knees: Nor ought the Coroner or Justi∣ces of Peace to require any such Oath of him; for this is a new Offence made by a Statute Law, which doth not require the strict form of Abjurati∣on, as in Case of Felony; and altho the Felon were tied to these Circum∣stances, yet the Recusant is not, nor shall be a Felon for omitting them, but 'tis sufficient if he simply abjure as, 35 Eliz. 2. § 8. N. 4. directs, and go from the appointed Port within the time limited, and not return without Licence into any of the Kings Dominions.

He that thus abjures the Realm doth yet owe the King his Ligeance and remaineth within the Kings Protection. Qui abjurat Regnum, amittit regnum, sed non Regem; amittit Patriam, sed non patrem patriae, 7 Co. 9. Calvins Case.

LIII. The Laws, &c. 140. 141. Abr. 139. Having lawful Authority in that behalfe, 35 Eliz. 2. § 11. N. 1. this Clause seems to refer to 27 Eliz. 2. § 13. N. 1. Which appoints that the discovery of a Popish Priest, or Jesuit shall be made to some Justice of Peace, or higher Officer, who is to give Informa∣tion thereof to some of the Privy Council. &c. under the penalty of two hundred Marks: Which Statute of 27 Eliz. 2. § 13. N. 1. tho it do not in express terms say, that the Justices of Peace, or other higher Officer shall ex∣amine the Priest or Jesuit so discovered; yet in as much as it gives power to take Cognizance of the matter, it seems Implicitely to impower him to in∣form himself of the truth, whether the party be a Priest or Jesuit or not, as well by examination of the party as otherwise, that he may be the better en∣abled to give Information thereof to some of the Privy Council, &c. and one Justice of Peace having by 27 Eliz. 2. § 13. N. 1. lawful Authority to examine him, he hath Authority likewise by this Statute 35 Eliz. 2. § 11. N. 1. to Commit him, if he be suspected to be a Priest or Jesuit, and refu∣seth to answer whether he be so or no.

As for Mr. Shepherds opinion in his sure Guide Cap. 14 § 5. That there

must be two Justices to Commit a man by force of 35 Eliz. 2. § 11. N. 1. who is suspected to be a Jesuit or Priest, till he answers directly, I see no ground at all for it.

LIV. The Laws, &c. 141. Abr. 140. Answer the said Questions,* 196.50 35 Eliz. 2. § 11. N. 1. that is, whether he be a Jesuit, Seminary or Massing Priest, for he is not bound to Answer to any other Question, nor can be Committed by force of this Act for his refusal.

LV. The Laws, &c. 141. 142. Abr. 141. Ʋrged by Process,* 196.51 35 Eliz. 2. § 13. N. 1. If a Popish Recusant, restrained by this Act, be summoned by Warrant of a Justice of Peace to appear before him, the Recusant ought not to travel to such Justice out of his compass of five miles; for although a Justice of Peace's Warrant be the Kings Process, yet it is not intended here, for these words (Ʋrged by Process) are restrained by the subsequent words 35 Eliz. 2. § 13. N. 1. as requires the Recusants appearance in some of the Kings Courts, and extend not to all Cases of Summons and Process, as Wingate Crown 83. mistakes.

But if in the Case aforesaid the Warrant be to Arrest the Recusant,* 196.52 and by force thereof to be carried by the Constable, &c. out of the compass of five miles, there he is excused, and shall forfeit nothing, for that it was done by compulsion; and yet if there be any Covin between the Recusant and the Justice of Peace, or Officer, it may be otherwise.

LVI. The Laws, &c. 144. 145. Abr. 146. Submission,* 196.53 35 Eliz. 2. § 15. & 16. If a Popish Recusant, Indicted upon this Statute, makes his Submission, and brings with him into B. R. a Testimonial thereof, it is the course of that Court to cause him there to make his Submission again upon his Knees, which the Clerk of the Crown reads to him. And so was it done Pasch. 2 Car. 1. Latch. 16. in the Case of one Throgmorton. But Jones Justice said, There was no Statute to compel him to this second Submission: and Throgmorton complained that he was not therein dealt with according to Law.

35 Eliz. 2. § 16. N. 2. Is over her Majesty,* 196.54 or within any her Majesties Realms or Dominions; and not over her Majesty within any her Dominions, as Wingate Crown 85. grosly misrecites: For that denies only the Popes or See of Romes Authority over her Majesty, but not any other Authority which they might claim over her Subjects: And 'tis there by Disjunctive (Or) which Wingate omits, that both these Authorities are intended to be denied by this Submission, these words (or any colour or means of any Di∣spensation) which are a very material part of the Submission, are likewise omitted by Wingate.

LVII. The Laws, &c. 145. Abr. 147. Such relapse,* 196.55 35 Eliz. 2. § 18. N. 1. with the Indictment thereof, is to be certified into the Court of Exchequer, as was done by the Justices of B. R. 1. Bulstr. 133. in the Case of Francis Holt, Pasc. 9 Jac. 8.

LVIII. The Laws, &c. 160. Abr. 163. Or before Justices of Assize,* 196.56 &c. 3 Jac. 4. § 3. N. 5. Note, that notwithstanding these words, an Informa∣tion upon this Statute by an Informer, Qui tam &c. for not receiving the Sacrament cannot be brought before Justices of Assize, or Goal Delivery, or Justices of Peace: For no common Informer can sue for the King and himself before any of those Justices, but must sue in one of the Courts of Record at Westminster.

LIX. The Laws, &c. 161. Abr. 164.* 196.57 Of all and all manner of Popish Recusants, 3 Jac. 4. § 4. N. 1. as this Act is penned, It seemeth that the Church-wardens and Constables are not bound thereby to present the Monthly absence from Church of any of the Children or Servants of a Po∣pish Recusant, although such Children or Servants be Recusants, unless

they are Popish Recusants; and that 'tis sufficient to satisfie, 3 Jac. 4. § 4. N. 2. to present their Names, without taking any notice of their absence from Church.

But if they be Popish Recusants, they fall within the General words of the Act, and their Monthly absence ought to be presented as well as that of their Parents or Masters: And in this Wingate Crown 100. hath clearly mistaken; for he tells us, That the Monthly absence of all the Children and Servants of a Popish Recusant ought to be presented.

* 196.58LX. The Laws, &c. 162. 163. Abr. 165. To enquire, hear, and deter∣mine, 3 Jac. 4. § 7. N. 1. This is intended of Indictments only, and re∣vives the Power of the Justices of Peace, given them by 23 Eliz. 1. § 9. N. 2. suprà, and taken from them by the Negative words of 29 Eliz. 6. § 2. N. 2. suprà, so that now the Justices of Peace may proceed to Judgment against the Recusant upon 23 Eliz. 1. § 5. N. 1. or Convict him upon Proclamation and Default, and so may the Justices of Assize or Goal-delivery proceed either way: For the words of 3 Jac. 4. § 7. N. 2. and of 29 Eliz. 6. § 5. N. 5. which give the Proclamation being in the Affirma∣tive, do not take away the proceedings upon 23 Eliz. 1. § 9. N. 2. but that the Justices may waive the Conviction by Proclamation if they please.

Nor is the Informers popular Suit, 23 Eliz. 1. § 11. N. 1. taken away by 29 Eliz. 6. § 4. N. 3. or by this Statute, 3 Jac. 4. § 7. N. 2. Dr. Fo∣sters Case, 11 Co. 61.

* 196.59LXI. The Laws, &c. 164. Abr. 169. Shall not make Appearance of Re∣cord, 3 Jac. 4. § 7. N. 3. And if the Recusant do appear of Record at the Assizes, Goal-delivery, or General or Quarter-Sessions, it shall be sufficient to save his Default, although he did not render himself to the Sheriff upon the Proclamation; and this is clear by the words of 3 Jac. 4. § 7. N. 3. which is grosly mistaken Wingate Crown 102. who saith, The Recusant shall be Convicted if he render not his Body to the Sheriff or Bayliff of the Liberty, and that Default be recorded.

This appearance on 3 Jac. 4. § 7. N. 3. must be in proper Person, and not by Attorney, for none can at first appear by Attorney unless inabled by some Statute; and all Appearances by the Defendant in any Court, ought by the Common Law to be in Person, 10 Co. 101. Bewfages Case.

But after a Plea pleaded to an Indictment, an Attorney may be admitted at the Discretion of the Court if they think fit, but not otherwise; and in some Cases not without a special Writ directed to the Justices to that pur∣pose, 16 Ed. 4. 5. F.N.B. 26.

The Party Indicted and Proclaimed on 3 Jac. 4 § 7. N. 3. who appears at the Assizes or Sessions, must take care that his Appearance be entred of Record: For if the Clerk of the Assizes, or Clerk of the Peace should mi∣stake, and instead thereof Record his Default, he hath no way to avoid his standing Covicted, but he is to put his Action upon the Case against such Clerk of the Assizes or Peace. See Popham 29. Kellway 180.

The personal Presence at the next Assizes or Sessions of the Party In∣dicted of Recusancy, and proclaimed on 3 Jac. 4. § 7. N. 3. although he continue there from the beginning to the ending, is no sufficient ground to Record his Appearance, nor shall save his Default; for although he be there personally present, and openly confess himself to be the same Per∣son who was Indicted, and against whom the Proclamation Issued, yet if he deny to appear upon the Proclamation, or to consent that his Appear∣ance be entred of Record, it seems that his Appearance cannot be Record∣ed, but his Default shall, and he shall stand convicted thereupon.

And this is no more an Appearance than where a Prisoner is brought to the Common Pleas Barr by Habeas Corpus, to the intent to have him appear to an Original brought against him, and he denies to appear to the Action, in which Case his Appearance cannot be Recorded, as was resolved 43 Eliz. in Ascoughs Case, Golsb. 118. pl.

LXII. The Laws, &c. 174. Abr. 131. These words (passing, &c. and unknown) 3 Jac. 4. § 13. N. 4. being in the Conjunctive, it seems that the Bishop, or two Justices, ought not to examine upon Oath, or tender this Oath to any Passenger or Traveller, quatenus such, unless he be unknown, viz. such an one as conceals his true Name or Quality, for so it must be reasonably intended, and not of all Travellers through the Country, as Wingate Crown 106. mistakes: For it appears by the other Qualifications here enumerated, that the intent of the Act is, that it shall be offered by the Bishop, or two Justices, to such only of whom there is any just Cause of Suspition, 7 Jac. 6. § 26. N. 2. Infrà 260.

LXIII. The Laws, &c. 175. Abr. 182:* 196.60 There to remain without Bail or Mainprise, 3 Jac. 4. § 14. N. 1. the Bishop or two Justices cannot take Sureties of him who refuseth the Oath for his Appearance at the Assizes or Sessions, as Wingate Crown 107. mistakes, but must Commit him immedi∣ately to Goal; nor can any other Court or Justices Bayl him in this Case.

LXIV. The Laws, &c. 175. Abr. 183.* 196.61 Ʋntil the next Assizes or Gene∣ral Quarter-Sessions, 3 Jac. 4. § 14. N. 1. This being in the Disjunctive, the Bishop or two Justices have their Election to Commit the Party refu∣sing the Oath, either until the next Assizes, or until the next Sessions, as they shall think fit: For some may be more aptly committed until the next Assize, and some until the next Sessions. 12 Co. 131.

LXV. The Laws, &c. 175. 176. Abr. 184.* 196.62 These words (Any other person whatsoever) 3 Jac. 4. § 14. N. 3. are Exclusive of the said Person or Persons who are Committed for refusal, for 'tis here in the Disjunctive; So that it seems, that if any Person whatsoever of the Age of 18 years or above, and under the degree of a Nobleman or Noble woman, be at the Assizes or General Quarter-Sessions of the Peace, whether voluntarily, or brought in upon Process on an Indictment of Recusancy, or for any other matter, and be there tendred this Oath, and refuse to take it, although it were never tendred to him before, yet upon his refusal there he incurs a Praemunire; and in this respect this Statute 3 Jac. 4. § 14. N. 3. is more Extensive than 7 Jac. 6. § 26. N. 6. where there must be a prior tender and refusal of this Oath, otherwise a refusal of it at the Assize or Sessions, doth not make a Praemunire by that Act, 12 Co. 18. Infrà.

LXVI. The Laws, &c. 176. Abr. 185.* 196.63 Shall incur the danger and pe∣nalty of Praemunire, 3 Jac. 4. § 14. N. 3. If a man be committed by the Bishop or two Justices of Peace for the refusal of this Oath, and the tender and refusal be expressed in the Mittimus, the Justices of Assize or Justices of Peace in their Sessions, are bound to take notice of this tender and refu∣sal.

And after they have there made the Party a second tender of the Oath,* 196.64 and he refuseth it, by which he incurs a Praemunire, the Indictment a∣gainst him to Convict and Attaint him of Praemunire, must contain all the special Matter; viz. That he stood Convicted or Indicted of Recusancy, or that he had not received the Sacrament twice within the year next be∣fore, or that passing through the Country and unknown, being examined upon Oath, he confessed or denied not, &c. (as the Case is) and that the Oath was tendred to him by the Bishop, or two Justices of Peace, Quorum unus, &c. and he refused it: And that it was again tendred to him in open

Court, and he again refused it: For in this Case the Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions.

But if the first tender and refusal be not expressed in the Mittimus or Warrant of Commitment, there, although there was a tender and refusal of the Oath before the Bishop or two Justices, yet the Justices of Assize, or Justices of Peace in their Sessions can take no notice of it, but they must there tender him the Oath without reference to any prior tender which they may do by force of the General words (any other person whatsoever) 3 Jac. 4. § 14. N. 3. And if he refuse he incurs a Praemunire; and in this Case the Indictment may be short and general (scil.) That he was ten∣dred the Oath in open Court, and refused it, &c. And so it must be in all Cases where in truth there was never any prior tender and refu∣sal, 12 Co. 131, 132.

See 7 Jac. 6. § 26. N. 2. Whereby the power of the Justices of Peace is in some particular Cases enlarged in reference to this Oath of Allegiance, Infrà.

* 196.65LXVII. The Laws, &c. 179. Abr. 186. Ʋnto which Oath to take, the said Person shall subscribe his or her Name or Mark. 3 Jac. 4. § 15. N. 6. If a man refuse to take any word of this Oath, 'tis a refusal of the whole, 1 Bulstr. 198. Lord Vauxes Case.

* 196.66LXVIII. The Laws, &c. 190. Abr. 199. To the satisfaction of the said Justice of Peace, 3 Jac. 4. § 27. N. 2. In this Case the Justice of Peace is sole Judge, whether the Excuse the Party makes for his Absence be suffi∣cient, and sufficiently proved; and the same cannot be brought into que∣stion elsewhere by the Party.

* 196.67LXIX. The Laws, &c. 196. 197. Abr. 211. Where any Bishop or Justi∣ces of the Peace, 3 Jac. 4. § 41. N. 1. The Justices of Peace have a two∣fold power given them by this Act in reference to the Oath of Allegiance: 1. Out of Sessions, and so any two Justices of Peace, Quorum unus, &c. may tender the Oath to any Person by 3 Jac. 4. § 13. N. 2. Eighteen years old or above, other than Noble men or Noble women. 2. In their Ge∣neral or Quarter-Sessions, and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the Oath to any such Person who hath before refused it, or to any Person whatsoever, of or above that Age, other than Noble men or Noble women.

Now whether the six Privy Counsellors here mentioned 3 Jac. 4. § 41. N. 1. may require the Oath of Noble men and Noble women in all Cases where the Justices of Peace may require the same of any Subject, either in or out of Sessions: Or only in such Cases where they may require it out of Sessions, seems to be a Question.

For if the Power here given 3 Jac. 4. § 41. N. 1. to the six Privy Coun∣sellors, be the same with that of the Justices of Peace in their Sessions, they may by force of this Act tender it to any Noble man or unmarried Noble woman whatsoever above Eighteen years old; for the Justices of Peace in their Sessions, by 3 Jac. 4. § 14. N. 2. may tender it there to any other Person whatsoever. But if it be meant of the Power given the Justices of Peace out of Sessions, 3 Jac. 4. § 13. N. 1. then the six Privy Counsellors can tender it by force of this Act, 3 Jac. 4. § 41. N. 1. to such Noble men or unmarried Noble women only, who stand Convicted or Indicted of Re∣cusancy for not coming to Church, or who have not received the Sacrament twice within the year next before, or who passing through the Country unknown, shall upon Examination confess, or not deny their Recusancy, or that they have not so received the Sacrament.

For the Solving of which Doubt, it is to be considered,

1. That the Bishop, and not the Justices of Assize, are here joyned with the Justices of Peace; And these words, 3 Jac. 4. § 41. N. 1. (where any Bishop or Justices of Peace) seem to bear this Construction, viz. Either the one or the other indifferently may require the Oath, and that can be intended only of the Power given out of Sessions; for in Sessions the Bishop hath nothing to do.

But had the Justices of Assize been here added, scil. in all Cases where the Bishop, Justices of Assize, or Justices of Peace may require this Oath, it had been clear that the Power here 3 Jac. 4. § 41. N. 1. given the six Pri∣vy Counsellors, was as Extensive as that which 3 Jac. 4. § 14. N. 3. is gi∣ven the Justices of Assize, or Justices of Peace in their Sessions, and they might have required the Oath of any Noble man or unmarried Noble wo∣man whatsoever of competent Age. So if the Justices of Peace only had been here named, it had been clearly intended of the Justices of Peace in either Capacity, either in or out of Sessions. But (Bishop) 3 Jac. 4. § 41. N. 1. seems here to be a Restrictive word, and to give the Privy Counsel∣lors no more power in respect of the Nobility, than the Bishop had in refe∣rence to any other Subjects.

2. These words (In all Causes where, &c.) 3 Jac. 4. §. 41. N. 1. seem to be Restrictive likewise, and Exclusive of some Causes; but the power of Justices of Peace in Sessions, 3 Jac. 4. §. 14. N. 3. extends to all Causes and Persons under the degree of Nobility whatsoever, which therefore can∣not be here intended, 3 Jac. 4. § 41. N. 1. but only some particular Causes, Ejusdem generis, which can be no other than the Causes before mentioned, 3 Jac. 4. § 13. N. 1. wherein the Bishop, or two Justices out of Sessions may deal, scil. where the Party was before Convicted or Indicted, or had not received the Sacrament, or passed unknown, and confessed, &c.

And yet, as 'tis reported 1 Bulstr. 197. the Lord Vaux's Case, Pasch. 10 Car. 1. is to the contrary: For 'tis said there, he was Committed to the Fleet by the Privy Council for refusing the Oath of Allegiance, and af∣terwards Indicted in B. R. of a Praemunire for such his refusal, he being then of the Age of Eighteen years and above, and the said Oath being lawfully tendred, &c. all which was certified to the Court by divers of the Privy Council; upon which Indictment he was Arraigned: And no word in the Indictment of his standing Convicted or Indicted of Recusancy, or not having received the Sacrament, &c. and yet the Indictment was ground∣ed upon 3 Jac. 4. § 41. N. 1. and not upon 7 Jac. 6. § 26. N. 6. For by the Statute 7 Jac. 6. § 26. N. 5. He could not have been Indicted of a Praemunier for the first Refusal, but must have been Committed until the next Assizes or Sessions; and if he had there refused it the second time, he might have been Indicted of a Praemunire, and not otherwise. But whether this Indictment were according to Law, or only passed Sub silentio, Quaere.

Note by 7 Jac. 6. § 26. N. 1. Any Privy Counsellor, or the Bishop of the Dioces, may now require this Oath of any Baron or Baroness of or above the Age of Eighteen years in all Cases, and in some Cases three Privy Counsellors, Quorum unus, &c. may require it of Persons above the said Degree.

LXX. The Laws, &c. 205. Abr. 220.* 196.68 Giving Power to grant Licence or Licences unto the said Recusants, 35 Eliz. 2. § 12. N. 1. in the Proviso which is by 3 Jac. 5. § 6. N. 4. here repealed, is only that which there Im∣powers the Justices of Peace, for that is the only Proviso which gives Pow∣er to grant Licences; and the Cause here alledged for the Repeal, 3 Jac. 5. § 6. N. 2. is the giving of sundry Licences to Recusants under colour of a Proviso in 35 Eliz. 2. which can be construed only of those which were

given by the Justices of Peace, 35 Eliz. 2. § 12. N. 1. and not of the o∣ther Licences given by 35 Eliz. 2. in several other Cases: So that the Pro∣visoes there, 35 Eliz. 2. § 13. & 14. permitting the Popish Recusant to travel in Case of Process, or Commandment by Privy Counsellors, or the Queens Commissioners, or Proclamation to render his Body to the Sheriff, remain still in force and unrepealed, and the Recusant may take the bene∣fit thereof at this day.

* 196.69LXXI. The Laws, &c. 207. 208. Abr. 221. by (such Recusant) is in∣tended here, 3 Jac. 5. § 7. N. 1. such Recusant as is confined by 35 Eliz. 2. § 3. N. 1. & § 4. N. 1. and not only such as were mentioned in 3 Jac. 5. § 6. N. 1. For that Recital is imperfect, in that it mentions only the Popish Recusant Convict, 35 Eliz. 2. § 3. N. 1. whereas 35 Eliz. 2. § 4. N. 1. speaks as well of the Popish Recusant not Convicted, who hath no certain place of abode.

And the benefit of having Licences from the King, or three Privy Coun∣sellors, by force of this Act, 3 Jac. 5. § 7. N. 1. is intended as well to the one as the other, although the Convicted only are mentioned in the reci∣tal: And this will plainly appear, 1. By the following words here, 3 Jac. 5. § 7. N. 2. which impower the Justices of Peace to grant Licences, and ex∣presly extend to all Persons confined, by virtue of 35 Eliz. 2. Now it cannot be presumed that the Makers of the Law intended any difference between the Persons to he licenced by the King or Privy Counsellors, and the Persons to be licenced by the Justices of Peace; the Power given 3 Jac. 5. § 7. N. 1. to the King or Privy Counsellors, being more absolute, and not under such Precautions as is that which is given 3 Jac. 5. § 7. N. 3. to the Justices of Peace: For the King or Privy Counsellors may grant a Licence to the Recusant to travel without any particular Cause shewn in the Licence, or the assent of any other Person, and without any Oath to be made by the Recusant, which the Justices of Peace cannot do: And there is no reason to think that the Power here given to the King or Privy Coun∣sellors, which in all other Particulars is so much more absolute and exten∣sive than that given to the Justices of Peace, should be yet less Extensive as to the Persons to be licenced.

2. It were absurd to think that the Makers of 3 Jac. 5. § 7. N. 1. intended to confer a greater Priviledge upon the Recusant Convicted, whose Offence appears upon Record, than to such as are not Convicted, &c. But it by (such Recusant) should be meant only such as are mentioned in the Reci∣tal, 3 Jac. 5. § 6. N. 1. viz. those Convicted, and not all who are confined by 35 Eliz. 2. § 3. N. 1. & § 4. N. 1. it would follow that the Convicted Recusant, who is the more notorious Offendor, may have a Licence with∣out any Cause shewn, or Oath made; but he who is not Convicted is bar∣red of that Priviledge, and can apply himself only to the Justices of Peace for a Licence, clogged with divers Circumstances which are not required in a Licence granted by the King or the three Privy Counsellors, 3 Jac. 5. § 7. N. 1.

Much less shall this Recital 3 Jac. 5. § 6. N. 1. of the Statute 35 Eliz. 2. § 3. N. 1. Impeach the express words of that Statute 35 Eliz. 2. § 4. N. 1. as if no other Popish Recusants were intended to be confined thereby, but only such as are Convicted, because no other are mentioned in the Recital: For the Recital of an Act of Parliament in another Act of Parliament, being only by way of Preface or Introduction, cannot add to or diminish the Act recited, or make it lyable to any other Con∣stitution, than what shall naturally flow from the Act it self, 4 Inst. 331.

LXXII. The Laws, &c. 208. Abr. 222.* 196.70 Without any other Cause to be expressed, 3 Jac. 5. § 7. N. 1. Here is one difference between a Licence by the King or three of the Privy Counsellors, and a Licence by Justices of Peace: For by these 3 Jac. 7. § 5. N. 2. it ought not to be granted, unless the Popish Recusant hath necessary occasions or business; but the Kings or Privy Counsellors Licence may be granted in any Case at the Recusants re∣quest.

LXXIII. The Laws, &c. 200. Abr. 203. Ʋnder the Hands and Seals,* 196.71 3 Jac. 5. § 7. N. 2. An Indictment was brought upon 35 Eliz. 2. § 3. N. 1. for travelling out of the Compass of five Miles, the Recusant pleaded a Licence under the Seals of four Justices of Peace, and Exception was taken to the Plea, for that the Licence ought to have been under their Hands as well as their Seals, 2 Co. 352. Mich. 17 Jac. Maxfields Case. And this is a good Exception: For a Licence by a Justice of Peace, although in Wri∣ting, is not sufficient without Seals and Subscription both, 1 Roll. 108. pl. 47. Macclefields Case.

LXXIV. Abr. 224. Of four of the Justices of Peace,* 196.72 3 Jac. 5. §. 7. N. 2. And a Licence from less than four will not now serve, since the Repeal of 35 Eliz. 2. §. 12. N. 1. and therefore 1 Roll. 108 is misreported in that particular; for there mention is made of a Licence from two Justices of Peace, as if no more were then requisite. And that Case could not be grounded upon the Proviso in 35 Eliz. 2. § 12. N. 1. which required only two Justices, as well for the distance of time (being Nine years after the Repeal of that Proviso by 3 Jac. 5. § 6. N. 4.) As for that in 1 Roll. 108. there is mention of a Licence under the Seals of the Justices of Peace, and of the Oath to be taken by the Recusant, neither of which was appointed by 35 Eliz. 2. § 12. N. 1. but by this Statute, 3 Jac. 5. § 7. N. 4. which must therefore necessarily be there intended, and not any Statute 1 Jac. which is another mistake in that Case, 1 Roll. 108.

LXXV. The Laws, &c. 208. 209. Abr. 225. With the privity and assent in writing of the Bishop, &c. the Lieutenant, or of any Deputy-Lieutenant, 3 Jac. 5. § 7. N. 2. An Information was brought against a Popish Recusant Convict, for remaining above five Miles from the place of his Confinement, who pleaded a Licence from four Justices of Peace; but the Plea was dis∣allowed, Mich. 12 Jac. saith Moor 836. pl. 1127. Mansfields Case. But yet if it had been granted with the assent of any Deputy-Lieutenant residing in the County, there is no doubt but it had been good e∣nough.

The Bishop, Lieutenant, or Deputy-Lieutenant, who gives his assent, must be a distinct Person from the Justices of Peace who grant the Licence, by 3 Jac. 5. § 7. N. 2. And therefore if one and the same Person be a Ju∣stice of Peace and Deputy-Lieutenant, he cannot act herein in both Capa∣cities; for una persona non potest supplere vicem duorum. And if he Sign and Seal the Licence, as a Justice of Peace, the assent of some other De∣puty-Lieutenant, or of the Bishop, or Lieutenant must be had thereto, or the Licence is void, Mich. 12. Jac. Maxfields Case. 2 Cr. 352. and Mans∣fields Case. Moor 836. pl. 1217. and Macclefields Case, 1 Roll. 108. And that Rule, Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis, holds not in such Cases where distinct Persons are necessarily required by Law, 7 Co. 14. Calvins Case. And here four Per∣sons, 3 Jac. 5. §. 7. N. 2. are necessarily required to grant the Licence, and another Person to assent to it.

In 2 Cr. 352. one Exception to the Licence in Maxfields Case, was, That the assent of the Deputy-Lieutenant was contained in the Licence granted by the four Justices of Peace, and was not separate and distinct by

it self, but to this the Court made no Answer: And it seems that such an assent is well enough by 3 Jac. 5. § 7. N. 2. though in the same Writing with the Licence, if it be expressed that the four Justices do licence, and the Deputy-Lieutenant doth assent, and such writing be under the Hands and Seals of all five.

* 196.73LXXVI. The Laws, &c. 210. Abr. 228. The particular cause of the said Licence, 3 Jac. 5. § 7. N. 3. In Maxfields Case, 2 Cr. 352. another Exception to the Licence granted by the four Justices was, That it was said to be granted for certain urgent Causes, but no particular Cause for the Re∣cusants travel was expressed in the Licence: And this seems to be a good Exception: For the inserting into the Licence that the Popish Recusant hath urgent or necessary occasion or business, answers only the former part of this Proviso, 3 Jac. 5. § 7. N. 2. which gives the four Justices power to licence him, if he hath necessary occasion or business to travel out of the compass of five miles; but withal it ought to be mentioned in the Licence par∣ticularly what that occasion or business is, which is the cause of the Licence, for so this Act here 3 Jac. 5. § 7. N. 3. expresly appoints; and therefore that form of a Licence for a Recusant to travel, which Dalt. 379. cap. 124. tit. Licences hath set down, wherein no Cause is mentioned but urgent and ne∣cessary business seems too short and general, and is not to be relied on.

* 196.74LXXVII. The Laws, &c. 210. Abr. 229. First taking his Corporeal Oath, 3 Jac. 5. § 7. N. 4. In Mansfields Case, Moor 836. pl. 1127. there is another Oath mentioned for a Popish Recusant to take before he can be licenced to travel, and that is the Oath of Allegiance, prescribed by 3 Jac. 4. § 25. N. 1. for its said, Moor 836. That in an Information brought against the Recusant for travelling out of the Compass of five Miles, the Defendant pleaded a Licence from four Justices of Peace, and his Plea was disallowed, because (among other things) he did not shew that be∣fore the Licence he had taken the Oath of Allegiance; yet Quaere of this, and by what Law the omitting to take that Oath makes the Licence void: But I rather think it to be a mistake, and that such an Exception might be moved, but the Plea not disallowed for that Reason.

* 196.75LXXVIII. The Laws, &c. 210. 211. Abr. 229. Before the said four Justices of the Peace, or any of them, 3 Jac. 5. § 7. N. 4. Mr. Shepherd in Sure Guide, cap. 14. Sect. 5. thinks that no less than two of the four Justices of the Peace can minister this Oath to the Recusant. But I take it to be clear that any of the four Justices may minister the Oath in this Case.

And there is a great difference between (any Justices) for that denotes the Plural Number, as in the subsequent Clause, 3 Jac. 5. § 27. N. 1. where any Justices may Imprison the Offender, that is, any two Justices or more, and (any of the Justices) as here 3 Jac. 5. § 7. N. 4. which denotes the Singular Number; and the following words (who shall have Authority by virtue of this Act to minister the same) may be well enough applied to a∣ny one Justice of Peace.

* 196.76LXXIX. The Laws, &c. 236. 237. Abr. 254. Shall be thought unmeet for such Recusant, 3 Jac. 5. § 26. N. 2. So that the Justices of Peace are not bound by this Act to deface all Relicks of Price, or to Burn or de∣face all other Relicks or Popish Books, as Wingate Crown 144. misleads, &c.

And though herein much is referred to the Direction of the Justices of Peace, yet where the Husband is a Protestant, and only the Wife a Popish Recusant, it seems by these words, 3 Jac. 5. § 26. N. 2. that they are not to consider what is unmeet for the Husband, but what is unmeet for the Recusant, viz. the 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 Supersti∣tion. So that in this Case, Books written in a language or stile unintelli∣gible 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.* 196.77 In the same County where such Popish recusant shall be resident, 3 Jac. 5. § 27. N. 1. A Popish Recu∣sant 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 Coun∣ty 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;* 196.78 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 Coun∣ty, as was resolved in that Case; for his Potestas Jurisdictionis is confi∣ned to his Cou••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.* 196.79 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 'tis 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,* 196.80 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resi∣dent, 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 impri∣soned in the County where he is taken, and the Justice of Peace who pur∣sued 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.

* 196.81LXXXIII. 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 ta∣king this Oath of Allegiance, for that he is here declared to be Persona in∣habilis, untill he take it, Vaughan 355. Thomas and Sorrel, Supra, and 3 Inst. 154.

* 196.82LXXXIV. The Laws, &c. 246. For any two Justices of Peace with∣in 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.

* 196.83LXXXV. The Laws, &c. 246. Abr. 260. To require any person or per∣sons, 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 Ju∣stice 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 com∣mit some contempt to the King.

* 196.84LXXXVI. 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.

* 196.85LXXXVII. The Lands, &c. 247. 248. Abr, 264. And the said Iustice shall find cause of Suspition, 7 Iac. 6. § 26. N. 4. And not if the party be suspect∣ed, as Wingate Crown 150. mistakes; for the bare suspition of the Justice of Peace, or any other person, is no sufficient ground to require the Oath, or commit the party for refusal; but there must be some good Cause for that Suspition, and the same must be alledged in the Justice of Peace his Plea or Justification, if he be sued for committing him to Prison for such refusal. So if a Man be Arrested on Suspition of Felony, and brings his Action for false Imprisonment, the Defendant ought to shew some Matter in Fact to induce his Suspition: For in these and the like Cases, a bare Suspition is no Justification sufficient, it being a Matter secret and not traversadle, but the Cause of Suspition is traversable, 3 Bulstr. 284. Weale vers. Wells, 7 Ed. 4. 20. & 17 Ed. 4. 5. & 5 H. 7. 4. And whether the Sup∣position be just and lawful shall be tryed and determined by the Justices 2 Inst. 52. 11. Ed. 4. 4.

LXXXVIII. The Laws, &c. 284. Abr. 265.* 196.86 That then any one Justicie of Peace, 7 Jac. 6. §. 26. N. 4. What was said by Coke Chief Justice in Griffiths Case, 2 Bulstr. 155. that any one Justice of Peace may minister this Oath, is to be understood of some Cases only, 12 Co. 130. which are no others than those here mentioned, as he explains his meaning 12 Co. 132. That one Justice of Peace cannot Commit any for refusal of this Oath, unless they be Prosecuted, Indicted, or Convict, &c. according to 7 Jac. 6. § 26. N. 4. Supra.

LXXXIX. The Laws, &c. 248. 249. 250. Abr. 266.* 196.87 Within whose Commission or Power such Person or Persons shall at any time hereafter be, 7 Jac. 6. 26. N. 4. A Person complained of, and against whom cause of Suspition is found by the Justices of Peace, flyeth into another County, Quaere whether a Justice of Peace of that other County can require the Oath of him, and Commit him upon refusal, for he seems to be impower∣ed thereunto by the express words of the Statute, for that the Party is faln within his Commission or Power, &c.

But yet I conceive that 7 Jac. 6. § 26. N. 4. by these words (Any one Ju∣stice of Peace within whose Commission or Power, &c. is designed or in∣tended no other Justice than a Justice of that County where the Party was complained of and suspected: And that if he fly into another County, no Proceedings can be there upon the complaint and suspition in the County whence he came, nor any one Justice tender him the Oath, or Commit him for refusal, without a new complaint and cause of Suspition in the County whither he flieth.

For where the Party cannot be Indicted of a Praemunire for refusing the Oath upon the second tender at the Assizes or Sessions, by 7 Jac. 6. § 26. N. 6. there the Justice, or Justices of Peace, out of Sessions cannot tender the Oath, or Commit for refusal; for a Commitment is in order to a second tender, and an Indictment of Praemunire thereupon: But in this Case the Party cannot be Indicted of a Praemunire in the County where he flyeth for refusing it upon the second tender: For the Offence for which the Party must be Indicted is a complicated Offence, consisting of several Particulars. 1. In giving just cause of Suspition, without which the Party complained of, according to this Act, 7 Jac. 6. § 26. N. 4. cannot be tendred the Oath by one Justice of Peace. Then 2. in refusing the Oath before the Justice of Peace who tendred it. And lastly, 3. in refusing it upon the second ten∣der at the Assizes or Sessions; all which must be comprised in the Indict∣ment.

So that the cause of Suspition is pars Criminis, and that arising in the County where the Party dwelt, and was complained of, cannot be punish∣ed in another Counry, unless the Statute 7 Jac. 6. § 26. N. 4. had expres∣ly made it Examinable there, Supra.

2. True it is, that some Statutes do enable Justices of Peace to punish an Offence done in another County; but that is where they enable them like∣wise to examine the truth of the Fact, and take Proofs and Evidences there∣of. So 1 Jac. 27. § 5. N. 2. & 7 Iac. 11. § 8. N. 3. & Supra. impower the Justices of Peace where the Party is apprehended, to examine and pu∣nish the Offence: But in our Case, the cause of Suspition arising in one County, is not made examinable, and consequently not punishable in ano∣ther County; and if not punishable there, no Justice of Peace of that other County can proceed upon that cause of Suspition, notwithstanding the Party happen to be within his Commission or Power.

3. But yet the Party so flying into another County, may without any new Complaint or Cause of Suspition, be tendred the Oath, and proceed∣ed against there by two Justices of Peace. Quorum unus, &c. by virtue of

the foregoing words of this Clause, 7 Jac. 6. § 26. N. 2. although he dwell in another County, and that for the Reason before given, viz. because this Oath Sequitur personam non locum.

4. But Wingate Crown 150. saves the labour of this Question, for he erroniously restrains the Power of tendring the Oath in this Case to the Ju∣stice of Peace to whom the Complaint is made, as if no other Justice of Peace of that County could proceed therein, which is contrary to the express words, as well as the meaning of 7 Jac. 6. §. 26. N. 4.

5. Note that Dalt. 107. cap. 45. saith, It seems requisite that the Ju∣stice, or Justices of Peace, do make like Certificate, as 3 Iac. 4. § 13. N. 5. at the next Assizes or Quarter-Sessions, of such Persons as have taken this Oath betore them, by force of 7 Iac. 6. § 26. N. 4. But upon what ground Mr. Dalton thought this requisite to be certified at the Assizes, I know not, seeing there is no such Certificate to be made by 3 Iac. 4. § 13. N. 5. but only to the General or Quarter-Sessions of the Peace.

6. And as for the Sessions, I conceive, neither the Justices of Peace, if they proceed on 7 Iac. 6. § 26. N. 4. and not upon 3 Iac. 4. § 13. N. 5. are bound to make such Certificate, nor the Clerk of the Peace, or Town-Clerk to record it, for it is not here required to be done.

7. But yet in such Cases where the same Persons are impowered by both these Statutes to require and minister this Oath, as where the Party is Convicted or Indicted of Recusancy, in which Case two Justices of the Peace, Quorum unus, &c. may require the Oath by the special words in 3 Iac. 4. § 13. N. 2. or of the general words in this Clause of 7 Iac. 6. § 26. N. 2. And it doth not appear upon which of these Statutes they proceed, as it may some times so happen there, if the Party take it, it will be safest for the two Justices to make such Certificate to the next General or Quar∣ter-Sessions, as is appointed 3 Iac. 4. §. 13. N. 5. and for the Clerk of the Peace or Town-Clerk to Record it.

* 196.88XC. The Laws, &c. 251. Abr. 268. Shall refuse to take the said Oath duly tendred to him or her, 7 Iac. 6. § 26. N. 5. If the Persons Authorized to tender this Oath ask the Party whether he will take it, and he saith he will not, Quaere whether this be such a tender and refusal as shall make the Refuser liable to be imprisoned and proceeded against by force of this Act, un∣less he or they who tender it have in readiness both the form of the Oath and the Book to swear on; for it is to be presumed that the Act intends all re∣quisite Circumstances ready to enable the one to minister, and the other to take the Oath.

And 'tis held by some, That before there can be any such refusal of this Oath as is here intended, it ought to be read, or offered to be read to the Party, especially if he be Illiterate, or if he be not, yet that at least it ought to be offered to him for himself to read it, for perhaps the Party ne∣ver saw or heard it; And in such Case it would be against Reason that the refusal should be Penal. And therefore in 9 Iac. upon the tender of this Oath at Serjeants Inn in Fleetstreet, it was read by order of the Judges there.

XCI. The Laws, &c. 251. Abr. 269. To the Common Goal, 7 Iac. 6. § 26. N. 5. The Justices of the Court of B. R. have used to tender this Oath in Court as Justices of Peace of Middlesex, and upon refusal the Par∣ty is to be Committed to the Prison of the Marshalsey, which is the ordi∣nary Prison of that Court, until the next Sessions, 2 Bulstrode 155. Dyer 297.

XCII. The Laws, &c. 258. 259. Or of Oyer and terminer,* 196.89 3 Car. 1. Chap. 2. (3.) § 3. N. 1. Justices of Peace cannot take an Indictment upon this Statute; for no Inferior Court shall take Authority by any Statute, unless it be specially named, Savile 135. pl. 212. Agard and Can∣dish.

And although Justices of Peace have in their Commission, § 14. an express Clause, ad audiend & terminend', and by that are Justices of Oyerand, Ter∣miner yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name, they shall not be included under the general words of Justices of Oyer and Terminer, as was adjudged 3 Cr. 87. Hill 30 Eliz. B. R. in Smiths Case, who was indicted at the Sessions of the Peace in the County of Oxford, on 5 Eliz. 14, of forging Deeds, which impowers Justices of Oyer and Terminer to enquire of, hear, and determine that offence, and yet the Indictment before the Justices of Peace was quasht, as taken Coram non Judice, 9 Co. 118. 3 Inst. 103. & 3 Cr. 601. Wilsons case and 3 Cr. 697. Hunts Case. See Justices.

XCIII. Lambert 2. cap. 7. pag. 194. 195.* 196.90 If any Person to whom any Agnus Dei, Cross, Picture, Bead, or such superstitious thing from the See of Rome, or the Authority thereof, shall be offered or delivered, do disclose the Name and dwelling, or Place of resort of such offerer or deli∣verer, to any Justice of the Peace of that Shire where he to whom such offer or delivery is shall be resiant, then the Justice must within 14. days next after declare the same to some one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Supra. Crompt. 14 b. 15 a. 168 b.

XCIV. Lambert 225.* 196.91 Receiving of Jesuits or Seminary Priests contra∣ry to 27 Eliz. 2. § 4. N. 1. Supra, and the refusal of Seditious Sectaries, and of Popish Recusants to abjure the Realm, and their return after abju∣ration made against 35 Eliz. 1. § 3. N. 1. & 35 Eliz. 2. § 10. N. 1. are Fe∣lonies against the Body of the Commonwealth.

XCV. Lambert 293. 294. Any one Justice of Peace of that Limit,* 196.92 Di∣vision or Liberty where the party dwelleth, upon proof by Confession of the Party, or Oath of Witness, may call before him the Party offending, in not repairing every Sunday to some Church, &c. according to 1 Eliz. 2. § 14. N. 1. And if he or she cannot make a sufficient excuse thereof, the same Justice may give his Warrant to the Church-warden of the Parish whereby the offender dwelleth to distrain for 12d. for every such default, and for want of distress to imprison the Offender untill payment be made, 3 Jac. 4. §. 27. N. 2.

XCVI. Lambert 294. Before some Justice of Peace of the County,* 196.93 Li∣berty or Limit where the Parents of a Child sent beyond the Seas against this Act, 3 Iac. 5. § 16. N. 1. did dwell, such Child shall take the Oath expressed 3 Iac. 4. § 15. N. 1. And they that were beyond Seas before the making of this Act are to take the same Oath within six Months after their return, being of Eighteen years of Age or more, before some Justice of Peace where such Person inhabiteth, or remaineth, before they can take bene∣fit of any gift, Conveyance, &c. of any Lands, Tenements, &c. 3. Iac. 5. §. 17. N. 2.

XCVII. Lambert 294.* 196.94 Popish Recusants indicted or Convicted and o∣ther Persons which have not repaired to some usual Church or Chappel, and there heard Divine Service by the space of three Months last past, dwelling or which shall dwell in any County within ten Miles of the City of London, shall depart from thence according to 3 Iac. 5. § 3. N. 1. and deliver up his or her name to the next Justice of Peace in the same County upon pain of forfeiture of C l. Supra.

* 196.95XCVIIII. Lambert 333. Any two Justices of Peace of the County where any of his Majesties Subjects not being a Jesuit, Seminary Priest or other Priest, Religious or Ecclesiastical Person &c. now being, or which hereafter shall be of or brought up in any Colledge of Jesuits, or Semina∣ries, shall Arive within six Months next after proclamation to be made in that behalf in the City of London, under the great Seal of England, may within two days next after such return receive his Submission under the Oath set forth by 27 Eliz. 2. § 5. N. 1. Infra.

* 196.96XCIX. Lambert 197. If any Person above sixteen years of Age do by the space of Twelve Months forbear to repair to some Church, Chappel, or usual place of Common Prayer, contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such offender shall dwell or be, may make Certificate thereof in Writing in B. R. to the end that the offender may thereupon be bound in CC l. at the least, with sufficient sureties, to the good behaviour for that his so long obstinacy, besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144.

* 196.97C. Lambert 197. Any Justice of Peace within the County in which any Jesuit, Seminary Priest, or other Priest, Deacon, or Religious or Ecclesi∣astical Person mentioned in this Statute, shall arive or land, may within three days after take the Submission Oath and Acknowledgment of him, touching his Obedience to the Kings Majesty, and to his Laws and Ordi∣nances provided in Cases of Religion, 27 Eliz. 2. § 10. N. 1. supra. Dalt. 104. cap. 45.

* 196.98CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit, Seminary Priest, or other the abovesaid, shall be within any the Kings Dominions, contrary to the meaning of this Statute, ought to discover the same to some Justice of Peace, or other higher Officer, with∣in twelve days after such his knowledge, under the pain of a Fine and Im∣prisonment; and that Justice of Peace ought within 28 days after such dis∣covery made unto him, to give Information thereof to one of the Kings Privy Council, under the pain of CC Marks, 27 Eliz. 2. § 13. N. 1. Crompt. 45. Dalt. 104, 105. cap. 45.

* 196.99CII. Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other, entertaining or relieving any Jesuit, Semina∣ry or Popish Priest, or any Mass to have been said, and any of them that were present thereat, within three days after the Offence, and by reason of his discovery any the Offenders be taken and Convicted, shall be freed from danger of the Offence if he be an Offender therein, and have the third part of the Forfeiture by such Offence, 3 Iac. 5. § 1. N. 3. Dalt. 105. cap. 45.

* 196.100CIII. Lambert 333, 334. Any two Justices of Peace may require any Popish Recusant, not making Submission according to this Statute, to ab∣jure the Realm upon his Corporal Oath before them, 35 Eliz. 1. § 2. N. 1. Dalt. 104. cap. 45. infra.

* 196.101CIV. Lambert 334. Any two Justices of Peace of the County where he shall arive, may take the Submission of a Person reconciled to the See of Rome, within six days after such persons return into this Realm, and mini∣ster the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance, and are to certifie the same Oaths so taken at the next Quarter-Sessions, upon pain of Forfeiture of Forty pounds, 3 Iac. 4. § 24. N. 1.

* 196.102CV. Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict, or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery: And if any Altar, Pix, Beads, or Pictures, or such like Popish Relicks or Books be found, as in the opinion of the said Justices shall be thought un∣meet

for such Recusant to have and use the same, they shall be presently de∣faced and burnt (being meet to be burnt.)

And if a Crucifix, or other Relick of any Price, the same is to be defaced at the General Sessions of the Peace, and restored to the owner, 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt. 108. cap. 45.

CVI. Lambert 118. Moreover,* 196.103 it seemeth to me that all these Statutes (viz. 23 Eliz. 1. § 5. N. 2. &c.) have this one meaning, that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes.

CVII. Lambert 224.* 196.104 The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience, and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome, are publick Felonies that concern the King, and Justices of Peace can only enquire and receive Indictments, Lambert 506. Infra. Crompt. 192.

CVIII. Lambert 495, 496. Ecclesiastical Causes enquirable in Sessions.* 196.105 1. If any Person have within this half year, by writing, printing, teach∣ing, preaching, express deed or act, advisedly, maliciously, and directly affirmed, held, set forth, or defended the Authority, Preheminence, Power, or Jurisdiction Spiritual or Ecclesiastical, of any foreign Prince or Person whatsoever heretofore claimed, used, or usurped in this Realm, or any the Kings Dominions, Crompt. 124, 192.

2. Or have advisedly, maliciously, or directly put in use, or executed any thing in the extolling, setting forth, or defence of any such pretended or usurped Jurisdiction, Preheminence, or Authority, or any part thereof, Crompt. 15.

3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Domini∣ons, have refused to take the said Oath,* 196.106 after lawful tender thereof to him made, 1 Eliz. 1. § N & 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1.

4. Lambert 496, 497.* 196.107 If any Person under the Kings Obedience have at any time within this year, by writing, cyphering, printing, preaching, or act advisedly, holden, or stood with to extoll or defend the Power of the Bishop of Rome, or of his See heretofore claimed or usurped within this Realm, Crompt. 15.

5. Or by any Speech, open Deed or Act, advisedly attributed such manner of Authority to the said See of Rome, or to the Bishop thereof, within any the Kings Dominions, ye shall present him, his Abetters, Pro∣curors, Counsellors, Aiders and Comforters, 5 Eliz. 1. § 2. N. 2. Crompt. 15 b.

6. If any Person have by any means practised to absolve, perswade, or withdraw any other within the Kings Dominions from their natural Obe∣dience, or for that Intent from the Religion now established here to the Romish Religion, or to move them to promise obedience to the See of Rome or other Estate, Crompt. 17 b. 18.

7. Or if any Person have been willingly so absolved or withdrawn, or have promised such obedience, 23 Eliz. 1. § 2. N. 5. Crompt. 14 b. 18 a.

8. And if any Person have willingly aided or maintained any such Offen∣der, or knowing such offence have concealed it, and not within 20 days dis∣closed it to some Justice of Peace, or other higher Officer, 23 Eliz. 1. § 3, N. 1. Crompt. 14 b. 18.

9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince, State, or Potentate: Or have after the Tenth day passed over the Seas, and there hath volunta∣rily served any such foreign Prince, &c. not having taken the Oath expres∣sed 3 Iac. 4. § N. before the Customer and Comptroller of that Port, Haven or Creek where he had Passage.

10. If any Gentleman or Person of higher Degree, or any Person which hath born any Office, Place, or Charge in any Camp, Army, or Company of Souldiers, or Conductor of Souldiers, have gone voluntarily out of the Realm to serve any foreign Prince, State or Potentate, before he became bound by Obligation, with two sufficient Sureties, unto the King, his Heirs or Successors, according to this Act, 3 Iac. 4. § 19. N. 1.

11. Lambert 408, 409. If any have said or sung Mass, or have willing∣ly heard Mass, 23 Eliz. 1. § 4. N. 1.

12. If any Person have used or put in ure any Bull, Writing, or Instru∣ment of Absolution or Reconciliation, or of other sort gotten from the Bishop of Rome or See of Rome, or from any Person claiming Authority from the same, Crompt. pl. 14 b. 17 b. 18 a.

13. Or have by colour of any such, taken upon him to absolve or recon∣cile any persons, or have published any such Bull or Instrument.

14. Or if any Person have received such Absolution, or have procured, abetted, or counselled any such Offender to the intent to uphold such of∣fence.

15. If any Person have, after such offence, aided, comforted, or main∣tained such Offender to the Intent to uphold the Authority of the said See of Rome, Crompt. 14 b.

16. If any Person to whom such Bull or Instrument hath been offered or perswaded, hath not within six weeks next after signified the same to some of the Kings Privy Council, or to the Kings Privy Council, or to the Lord President of the North, or of Wales, Crompt. 14 b. 168 b.

17. If any Person have brought hither from the Bishop, or See of Rome, or from any Person Authorized, or claiming to be Authorized by any of them, any Agnus Dei, Crosses, Pictures, Beads, Graile, or such like Superstitious things, and have the same delivered, or caused or effected to be delivered to any the Kings Subjects, to use or wear in any wise, and if any Person have to such intent received or taken the same, and have not apprehended the offender thereof, nor within three days after disclo∣sed him to the Ordinary, or to some Justice of the Peace, nor within one day delivered the thing to some Justice of the Peace, 13 Eliz. 2. § 8. N. 1. Crompt. 14 b. 15 a. Dalt. 105. cap. 45.

18. If any Person being at liberty, or out of hold, have since 8 May, 27 Eliz. wittingly and willingly received, aided, or maintained within any part of his Highness Dominions, any Jesuit, Seminary Priest, or such other Priest Deacon, or Religious or Ecclesiastical person, being born within this Realm or any his Highness Dominion's, and at any time since Midsummer 1 Eliz. made, ordained, or professed by any Authority de∣rived, challenged, or pretended from the See of Rome, knowing him to be a Jesuit, Seminary Priest, or other such Priest, Deacon, or Religious or Ecclesiastical Person, 27 Eliz. 2. § 4. N. 1. Crompt. 45.

* 196.108CIX. Lambert 367. 368. That Justices of Peace which doth not within fourteen days after matter uttered to him concerning any Agnus Dei, &c. signifie the same to one of the Kings Privy Council, shall incur the pains of 13 Eliz. 2. §. 5. N. 1.

And that Justice of the Peace which a••ter discovery made unto him by any Person that any Jesuit, Seminary or other Ecclesiastical or Religious Person, professed by any Authority from the See of Rome, is abiding within any the Kings Dominions, shall not within Twenty Eight days then next following, give information thereof to some of the Kings Privy Council, or to one of the Presidents in Wales or in the North, shall for∣feit for every such offence CC Marks, 27 Eliz. 2.

CX. Lambert 368.* 196.109 Those Justices of Peace that neglect to certifie at the next General or Quarter-Sessions, the Oaths taken in the submission of any Person reconciled to the See of Rome returning into this Realm, shall lose xl l. 3 Jac. 4. § N.

CXI. Lambert 412, 413, 414.* 196.110 Inquiry in Sessions if any Person being above the Age of sixteen years, and not having lawful and reasonable ex∣cuse to be absent have not repaired and resorted unto his or her Parish Church or Chapel accustomed, or upon let thereof, to some usual place where Common Prayer is to be used upon every Sunday and other Holy∣day, and have not there orderly and soberly abiden during the time of such Common Prayer, Preaching, or other service of God, and how long such Person hath forborn so to repair and resort, 1 Eliz. 2. § 4. N. 1. & 23 Eliz. 1. § 5. N. 1. Crompt. 13. Dalt. 104, 105. cap. 45.

2. If any Person have, after one Month after the making of this Sta∣tute, willingly maintained, retained, relieved, kept, or harbored any Servant, Sojourner, or stranger, not repairing to some Church, Chapel, or usual place of Common Prayer to hear Divine Service, by the space of one Month together, not having a reasonable excuse, other then such as harboreth his Father or Mother not having other sufficient maintenances, or the ward of any person, or any person committed to the Custody of any by Authority, or have retained or kept in service, fee, or livery, any not repairing to some Church as before, by the space of a Month together, knowing the same, 3 Iac. 4. § N.

3. If any conformed Popish Recusant have not within the first year af∣ter he hath conformed him or her self and after the said first year, once in every year following at the least, received the blessed Sacrament of the Lords Supper in the Parish Church where he or she have most usually abi∣den within the said year, and if there were no Parish Church, in the Church next adjoining: And if he or she have received the said Sacrament as aforesaid and after have eftsoons offended in not receiving the same as is aforesaid by the space of a year 3 Iac. 4. § N.

4. If any Popish Recusant, or other Seditious Sectary, which is by any the Statutes 35 Eliz. 1. 2. to be abjured this Realm, and all his Majesties Dominions, have either refused to make such abjuration, or making it, have not gone to such Haven within such time as was to him therefore ap∣pointed, and have not from thence departed this Realm, or after such de∣parture have returned unto any his Majesties Dominions without his speci∣al licence, 35 Eliz. 1. § 2. N. 1. & 35. Eliz. 2. § 8. N. 4.

5. If any Person have kept or maintained any Schoolmaster which re∣sorteth not to the Church, or is not allowed by the Bishop or Ordinary of the Dioces, 23 Eliz. 1. § 6. N. 1. Crompt. 16.

CXII. Lambert 598. 599.* 196.111 The Justices of Peace may in their open Quarter-Sessions enquire of, hear, and determine all offences except Trea∣son and Misprision of Treason committed against 23 Eliz. 1. § 9. N. 2. made for retaining the Kings Subjects in their due Obedience, Supra. Lambert 607. or 3 Iac. 4. §

2. They may also in their open Quarter-Sessions Enquire of such as do extol the usurped Authority of the See of Rome against 5 Eliz. 1. § 3. N. 1. and the Clerk of the Peace must read that Act at every of the Quarter-Sessions.

* 196.112CXIII. Lambert 605, 606, 607. The abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace, and there to be entred of Record, 35 Eliz. 1. § 2. N. 1. and the place certain, and Name of a Popish Recusant limited by this Statute unto a place certain, ought to be certified by the Minister and Constable that took and entred it, to the next Quarter-Sessions of the Peace and there be entred of Record in the Roles of the Sessions by the Clerk of the Peace, 35 Eliz. 2. § 7. N. 1.

2. The penalties forfeited by a conformed Recusant, for not receiving the Sacrament according to this Statute, may be recovered before the Ju∣stices of Peace at their Quarter-Sessions, 3 Iac. 4. § 3. N. 5.

3. The Monthly absence from Church of Popish Recusants, and their Childrens Names of Nine years of Age and upwards abiding with them, and their Servants Names ought by the Churchwardens and Constables to be yearly presented at the Quarter-Sessions, and by the Clerk of the Peace, or Town-Clerk, Recorded in the said Sessions 3 Iac. 4. § 4. N. 1.

4. Justices of Peace at any their Quarter-Sessions have Power to enquire, hear, and determine of all Recusants and offences, as well for not receiving the Sacrament according to this Law, 11 Co. 61 a. 63 b. as for not repair∣ing to Church, according to former Laws in such manner as Justices of As∣size and Goal delivery may do, 3 Jac. 4. § 7. N. 1.

5. And at the Sessions in which any Indictment for not repairing to Church, or receiving the Sacrament, shall be taken to make Proclamati∣on for the rendring of the Offenders body to the Sheriff, &c. before the next Quarter-Sessions, at which if the Offender shall not make appearance of Record, the same shall be a sufficient conviction of the offences where∣of he was Indicted, 3 Jac. 4. §. 7. N. 2.

* 196.1136. The Oath of allegiance appointed by this Statute may be required in the Quarter Sessions of such Person as was formerly convicted for refusing the same, 3 Jac. 4. § 14. N. 2. and such Person, or any other whatsoever, refusing the said Oath, being tendered in the said Sessions, shall incur the Danger of Praemunire, 3 Jac. 4. § 14. N. 3.

Except Women covert who shall only be committed by the Justices of Peace in their Quarter Sessions to the Common Goal, without Bail or main∣prise, till they will take the said Oath 3 Jac. 4. § 14. N. 4.

7. By Warrant of five Justices of Peace at their General or Quarter Sessi∣ons, Recusants Armor, Gunpowder and Munition, shall be taken form them, other then necessary Weapons to be allowed them by the said Justices for their defence, and shall be maintained at the costs of such Recusants in such places, as the said Justices, at their said Sessions, shall appoint, 3 Jac. 5. § 27. N. 1.

8. And if they shall refuse to declare what Armor they have, or disturb the delivery thereof, the Person offending shall forfeit the same Armor &c. and be Imprisoned three Months without Bail or Mainprise 3 Jac. 5. § 28. N. 1.

* 196.114CXIV. Crompt. 12 b. By 23 Eliz. 1. § 8. N. 1. Justices of Peace may en∣quire within the year and day of these Articles (viz. 1 Eliz 2. &c.) but they cannot hear and determine them, but the Justices of Oyer and Termi∣ner, or of Assize may, by 23. Eliz. 1. § 9. N. 1. hear and determine, but vide 23 Eliz. 1. § 9. N. 2. If Justices of Peace cannot award Process upon the Indictment untill he appears and pleads to the Indictment, and then for Tryal send the Record in B.R. to the intent it shall be tried by Nisi

prius, or if he ought to send the Indictment in B. R. Immediately with∣out awarding Process, because they have no Authority by 23 Eliz. 1. § 9. N. 1. but only to enquire, &c.

CXV. Crompt. 12 b.* 196.115 It seemeth that that party being hereof Indict∣ed (viz. on Articles of 1 Eliz. 2. &c.) shall be fined by the Discretion of the Court, though no Fine is given in this Case by the said Statute, in as much as the Statute saith (viz. 1 Eliz. 2. §. 3. N. 1.) that they shall be bounden to say and use the Common Prayers, &c. ut supra, Quaere the intent of the Statute in this point, Fines pro, &c. Br. 21. Golsb. 162 pl. 95.

CXVI. Crompt. 12. b. §. 5. Every Priest though he be no Vicar, Parson,* 196.116 or stipendary Chaplain, nor obliged nor bound by his Cure to serve, &c. is within the purview of the Statute, by reason of the first Clause (viz. 1 Eliz. 2. § 3. N. 1.) That all and singular Ministers in any Cathedral or Parish Church, or other place, &c. which may be intended, a Minister lo∣cal and inducted, and at length by the Opinion of all the Justices but one, it was held that he should be within the Statute.

And this by reason of this Clause 1 Eliz. 2. § 4. N. 1. And that if any manner of Parson, Vicar, or other whatsoever Minister, &c. whereby the meaning of the Parliament appears, that the superstitious Service in the Church should be abolisht, and the true Service planted in lieu thereof, &c. Dyer 203.

CXVII. Crompt. 13. a.* 196.117 Item you shall enquire if any one hath sung or said Mass, being thereof convict, he shall ferfeit CC Marks and shall be imprisoned a year, and thence untill he hath paid the said Sum, 23 Eliz. 1. § 4. N. 1.

1. And if any voluntarily hath heard Mass, he shall forfeit C. Marks, and shall be Imprisoned for a year, 23 Eliz. 1. § 4. N. 2.* 196.118

2. Also of such who having no reasonable excuse do not resort to their Parish Churches or Chapel every Sunday and Holy day, or having any law∣ful excuse to any other usual place where Common Prayer is used, and there abide discreetly, during the time of the Service, Preaching, and other Service, &c. he shall lose for every such offence 12. d. to the use of the Poor of the same Parish, to be levied by distress by the Church-wardens to the use of the Poor, and shall be further punisht by the censures of the Church, 1 Eliz. 2. §. 14. N. 1. and 23. Eliz. 1. § 5. N. 1. Dalt. 105. cap. 40.

3. Also of such being above the Age of sixteen years, who do not resort to some Church, Chappel, or usual place of Common Prayer, but forbears it against the form of the Statute 1 Eliz. 2. § 14. N. 1. shall forfeit for every Month that he is absent xx l. and if he forbears so to do by the space of Twelve Months, he shall be bound with two Sureties in 200 l. to his good behaviour in B.R. on Certificate to be made there in writing by the Ordina∣ry, or by one Justice of Peace of the same County, where the Offender abides, or shall be, and so shall continue bound untill he will conform him∣self and come to Church, according to the same intent of the said Statute, 23 Eliz. 1. § 5. N. 1. 2. 3. Lamb. 197. Supra.

CXVIII. Crompt. 14. If a Feme Covert be a Recusant,* 196.119 the forfeiture of xx l. a Month shall be levied of the goods of the Husband, because she is amenable by Intendment of Law at the will of the Husband, ut Dicitur, See Supra. Dalt. 105. cap. 45.

CXIX. Crompt. 15. 16.* 196.120 See Resolutions 9 Febr. 11 Eliz. in Dyer 281 b. 282 a. pl. 22. put as followeth.

If a Man, being out of the Realm, writes Books against the Kings Su∣premacy, and thereby attributes Jurisdiction to the See of Rome to be ob∣served within the Realm, and the same Books are brought unto the Realm by such of the Kings Subjects who know the effect thereof, and are by

them secretly uttered and sold to divers Persons, knowing also (by report) the same Books to contain matter extolling the said usurpt Authority, and after they to whom these Books are delivered, read them to themselves se∣cretly, to the intent thereby to be the more able to defend this Opinion, but they have no conference thereof with any others, whether they brought these Books, and they who read them be Offenders against 5 Eliz. 1. § 2. N. 1. Lambert 496. 497.

1. The Resolution of all the Justices of both Benches, the Chief Baron being present, as to the first point agreed, that they who had brought these, and who had delivered them, ut Supra, are offenders by the words of the said Statute, 1 Eliz. 1. § 2. N. 1. Hold and stand with to set forth.

2. But as to the second point, viz. the Receivers and Readers of these Books only, and doing no further act or attribution by conference and al∣lowance, &c. all but two held it no offence.

3. Item, If any one obtains any such Book, ut Supra, into his hands, and afterwards reads and confers thereon with any other Person, and in his conference by any Speech or words allow this Book to be good, it was resolved by all clearly within the danger of the said Law, 5 Eliz. 1 §. 2. N 2 by attribution.

4. Item, If a man hears of the Contents of such Book by report of a∣nother, and by any Speech thereon commend or affirm it to be good.

Or if a man having such Book in his Custody, and knowing the Con∣tents thereof, conveys it secretly to his Friend, to the intent that he should read it, and thereby perswade him to be of his opinion touching Suprema∣cy, Quaere of him, ut Supra, and it was resolved that both are within the Danger of 5 Eliz. 1. § 2. N. 1. especially the first.

5. Two were executed for Printing certain Books Seditiously penned by one Robert Brown against the Book of Common Prayer establisht by Parliament, Stow, &c. 1187. and the Books Burnt, An. Eliz.

6. Item, If a Man Imprints any of these Books within this Realm, and utters them, it was resolved by all clearly to be within the Danger of the said Statute, 5 Eliz. 1 § 2. N. 1.

Item, If any of these Books be made and Written within the Realm, and afterwards sent out as a thing done out of the Realm, and these are brought, read, and conference had upon them, ut Supra, it was resol∣ved by all to be within the Danger of the said Law.

* 196.121CXX. Crompt. 16 b. Inquiry in Sessions if any hath affirmed that the Eating of Fish, or the forbearing to Eat Flesh is of necessity for Salvation of souls, or that it is the service of God, or other then for common Policy, shall be punisht as spreaders of false News, 5 Eliz. 5. § N.

* 196.122CXXI. Crompt. 45. Charge in Sessions to enquire if any one hath vo∣luntarily received, aided, relieved, or comforted any Seminary Priest, Je∣suit, &c. being at liberty or out of hold, knowing him to be a Jesuit, &c. this is Felony and shall lose Clergy, 27. Eliz. 2. § 4. N. 1. Su∣pra. N 18.

The Statute doth not give expresly that Justices of Peace shall inquire hereof, but in as much as it is Felony, and they have Power by the Com∣mission, to inquire of all Felonies, they may, &c.

* 196.123CXXII. Crompt. 45 b. The Bayliffs of Stafford came to the House of one W. to attach a Jesuit, who was saying Mass there, and certain others who were there hearing Mass, as it was said, who shut the door and would not suffer the Bailiffs to enter to attach the Jesuit, and hereupon they were arraigned and convicted of Felony, as of aiding the Jesuit 27 Eliz. 2. § 4.

N. 1. at the Assizes at Stafford, 30 Eliz. and the Jesuit was executed, Crompt. 53 b.

CXXIII. Crompt. 104 b. § 53. Its held a good Indictment where its said,* 196.124 Contra formam statuti in Parliamento, tent' apud Westm. (not said in Com. Middlesex) An. 1 Eliz. in Dyer 203, pl. 72. Dr. Clerk, and Sir Edw Walgraves Case, where it appears that an Information was put in B. R. against certain Persons, for saying and hearing Mass, &c. unde Indicta∣ti existunt coram Commiss, &c. and shew their Names and the Sessions in certain, and made not any special recital of the Act, 1 Eliz. 2. § 9. N. 2. and to this Information they were put to Answer, and confest the In∣dictment, and had their several Judgments, viz. Each to forfeit C. Marks, and this Indictment was on 1 Eliz. 2. § 9. N. 2. 4. for now he shall forfeit a greater Sum by 23 Eliz. 1. § 4. N. 1.

CXXIV. Crompt. 107. § 17. An Indictment in this form,* 196.125 Juratores pre∣sentant (si) A. B. of, &c. did, &c. its not good, &c. for it should be (quod) &c. and so adjudged upon an Indictment at Stafford of a Recusant by Manwood Chief Baron.

CXXV. Crompt. 124.* 196.126 Inquiry at Sessions of those that maintain the Authority of the Bishop of Rome against 5 Eliz. 1.

CXXVI. Crompt. 144.* 196.127 He shall be bound to the Good behaviour in B.R. who absents himself from Church for a year contrary to the Statute, and so shall remain until he will reform himself, and come to Church according to the intent of 1 Eliz. 2. § N. as appears by 23 Eliz. 1. § 5. N. 2.

CXXVII. Crompt. 167. b.* 196.128 The Justices of peace may certifie in B.R. the name of him that absents himself from the Church for a year, contrary to the Statute, and he shall be thereupon bound to his Good behaviour there, according to 23 Eliz. 1. § 5. N. 2. Crompt. 195. § 12. Dalt. 104. cap. 45.* 196.129

CXXVIII. Crompt. 168. The Justices shall certifie in B. R. every Pre∣sentment taken before them of him that extolls, &c. the Authority of the Bishop of Rome within Forty days after Presentment found, if the Term be then open, and if it be not open, then the first day of full Term next after the Forty days, on pain of C l. by every Justice of Peace before whom its taken, and that doth not make such Certificate, 5 Eliz. 1.

CXXIX. Crumpt. 169.* 196.130 Enquiry at Sessions if he that hath received any Agnus Dei, Pictures, Beads, Crosses, or such like superstitious and vain things, mentioned in 13 Eliz. 2. § 7. N. 2. to be used or worn in any man∣ner within any of the Kings Dominions, contrary to the said Statute, and doth not deliver it to a Justice of Peace of the same County within a day after the receit thereof: And also, if he doth not apprehend him who so offered it, if he be of power to do so: Or if he be not of such Power, if he doth not disclose his name and place of his habitation, or of abode (which he hath endeavoured to know) to the Ordinary of the same Dioces, or to a Justice of Peace of the same County, within three days after such offer, he shall incur the pain of 16 R. 2. 5. § 2. N. 6. of Praemunire. Dalt. 105. cap. 45.

CXXX. Crompt. 193 b.* 196.131 It must be enquired within the year and day of such who being above Sixteen years old, absent themselves from Church for a month or for a year, contrary to 23 Eliz. 1. § 8. N. 1.

CXXXI. Lambert. 582.* 196.132 The Abjuration of a seditious Sectary being made in the open Quarter-Sessions of the Peace, ought to be certified from thence to the Justices of Assize at the next Assizes, 35 Eliz. 1. § 2. N. 3.* 196.133

CXXXII. Dalt. 104. cap. 45. Any one Justice of Peace may require the submission and declaration of Conformity to his Majesties Laws of Recu∣sants and Sectaries, within three Months after their Conviction, &c. and in default of such Submission, may require them to abjure the Realm: which

Abjuration notwithstanding shall be in open Sessions, 35 Eliz. 1. § 2. N. 1. Lambert. 333, 334. Supra.

* 196.134CXXXIII. Dalt. 105. cap. 45. Also this repairing to Church (1 Eliz. 2. §. 14. N. 1. & 23 Eliz. 1. § 5. N. 1. & 3 Jac. 4. § 27. N. 1.) every Sunday, must be as well to Evening Prayer as to Morning Prayers; for it ought to be an intire Day and an intire Service; and so Sir Richard Hutton, one of the Justices of C. B. did deliver it in his Charge at Cambridge Lent-Assizes, 1 Car. 1. and therewith agreed Sir Robert Bartlet at Summer Assizes, 9 Car. 1. Dalt. Edit. 1666. pag. 134. cap. 52.

* 196.135CXXXIV. Dalt. 379. cap. 124. A Licence for a Recusant to travel, &c. Supra, not sufficient.

Whereas R. C. of L. in the County of C. being a Recusant Convi∣cted, hath confined himself to L. aforesaid, being the usual place of his abode, according to the Statute made in the Five and thirtieth year of the Reign of our late Soveraign Lady Queen Elizabeth, (35 Eliz. 2. § 12. N. 1.) Know ye that we, &c. five of the Kings Majesties Justices of the Peace within the said County, do by the Consent of the Right Reverend Father in God, Nicholas, by Gods Providence Lord Bishop of Ely, at the request of the said R.C. for the dispatch of his urgent and necessary business, grant and give licence to the said R. C. to travel out of the Precincts or Compass of Five miles limited by the said Statute, at all times until the first day of November next coming,* 196.136 and at the said first day of November to return again to L. aforesaid. In Witness, &c. 3 Jac. 5. § 6. N. 4.

CXXXV. Lambert. Precedents 1 pl. 2. An Indictment for extolling the Authority of the Pope.

Juratores super Sacrament' suum present' pro Dom. Rege quod J.S. de C. in Com. predict' Clericus xx. die mensis Aprilis An. Regni Serenissimi Dom. nostri Jacobi, Dei Gratia Angliae, Franciae, & Hiberniae Regis, Fidei De∣fensoris, &c. apud D. in Comitatu predict' scienter, consideratè, malitiose, & directè palam in presentia multorum dicti Domini Regis nostri nunc sub∣ditorum, affirmavit, & defendit Autoritatem Papae Romani Ecclesiasticam, in hoc Regno Angliae preantea usurpatam, Hiis expressis verbis Anglicanis seqentibus, viz. I swear by the blessed Mass, and will avow that our ho∣ly Father the Pope of Rome, is the Supream Head of the Church of Eng∣land: In magnam derogationem Regiae Autoritatis, & Prerogative dicti Domini Regis nostri, ac contra Coronam & Dignitatem suam, nec non contra formam diversorum Statutorum in hujusmodi casu editorum & pro∣visorum, & Quod A. B. de D. predict' in Comitatu predict' Wax-chand∣ler, sciens predict' J.S. dicta verba locutum esse ac dicti Papae Autoritatem modo & forma, ut prefertur defendisse ipsum J. S. apud D. predict' po∣stea scil. secundo die dicti Mensis Aprilis, An. supradicto consolatus est & comfortavit ex industria & ex proposito & ad eam intentionem, ut idem A. B. promoveret & efferret prefatam dicti Papae Autoritatem usurpatam in pernitiocissimum aliorum exemplum, ac contra Coronam & Dignitatem dicti Domini Regis nostri nunc, ac etiam contra formam diversorum Statu∣torum in ejusmodi casu provisorum & editorum, West. Symbol. 2 part. 131 b. Sect. 210.

* 196.137CXXXVI. Lambert Precedents 1 b. pl. 3. A Presentment for absolving from the Kings Obedience.

Inquiratur pro Domino Rege si A. B. de C. in dicto Comitatu Clericus, sexto die Mensis Maij Anno Regni Domini nostri Jacobi, Dei Gratia An∣gliae, Franciae, & Hiberniae Regis, Fidei Defensoris, &c. apud C. predict' in Comitat' praedict' voluntariè & proditoriè conatus est, & procuravit, absolvere, persuadere, & seducere quandam Johannam W. de C. predict' in

Comitatu predict' viduam à naturali obedientia & subjectione sua, Quam eadem Johanna erga dictum Dominum nostrum Regem gerere debet ad obediendum pretensae Autoritati Sedis Romanae tunc & ibidem proditoriè prae se ferens & asserens se habere potestatem & fa cultatem id faciendi, & tunc & ibidem proditoriè dicens eidem Johanni in his Anglicanis verbis se∣quentibus (Mother Jone you shall have a black Soul I tell you, if you do not the sooner forsake the King (Innuendo predict' Dominum nostrum Regem nunc) and his Heirs, and yield your self to the obedience of our Mother Church, the holy See of Rome) ac contra Pacem dicti Domini nostri Regis Coronam & Regalem Dignitatem suam, ac contrà formam Statuti in Par∣liament' Dominae Elizab. nuper Reginae Angl. tento apud Westm. in Com. Middlesex, Anno Regni sui vicessimo tertio in hujusmodi casu provisi ac editi, West. Symbol. 2 part. 132. Sect. 211.

CXXXVII. Lambert Precedents, 2. pl. 4.* 196.138 For a Jesuit and his Re∣ceivers.

Essex ss.

Inquiratur pro Domino Rege si E. C. nuper de S. in Com. predicto Cle∣ricus, natus apud S. predict' in Com. predict' atque infra Annum jam proxi∣mè preteritum factus & professus Jesuita per Autoritatem à Sede Romana derivatam, proditoriè apud S. predict' in Comitatu predict' sexto die Julij, Anno Regni dicti Domini nostri Jacobi, Dei Gratia Angl. Franciae, & Hi∣berniae Regis, Fidei Defensoris, &c. à partibus transmarinis applicuit, & dicto sexto die Julij Anno supradicto, & nonnullis aliis diebus tunc proxi∣mè sequentibus apud S. predict' in Comitatu predict' proditoriè moram fe∣cit ac remansit contrà formam cujusdam Statuti in Parliamento Dominae Eli∣zab' nuper Reginae Angl. tento apud Westm. in Com. Middlesex, Anno Regni sui vicessimo septimo in hujusmodi casu provisi ac editi, ac contra Pacem dicti Domini Regis Coronam & Dignitatem suas.

Et si W. B. de S. predict' in dicto Comitatu Mercator, scienter, voluntariè & felonicè, Postea scil. sexto die dicti mensis Julij Anno supradicto, predict' E. C. apud S. predictam in Comitatu predictis receptavit & comfortavit dicto W. R. ad tunc & ibidem ad largum & extra Prisonam existentem ac prefat' E. C. hujusmodi Jesuitam esse tunc & ibidem sciente & cognoscente) contrà formam Statuti predict' ac contra Pacem Coronam & Dignitatem dicti Domini Regis nostri.

West. Symbol. 2 part. 132. Sect. 212.

CXXXVIII. Lamberts Precedents, 2 b. pl. 5.* 197.1 For saying and hearing of Mass.

Essex ss.

Juratores super Sacrament' suum present' pro Dom. Rege quod J.R. nuper de C. in Com. pred' Clericus, octavo die Aprilis An. Regni dicti Dom. nostri Jacobi, Dei Gratia Angl', Franciae, & Hiberniae Regis, Fidei Defensoris, &c. apud C. predict' voluntariè dixit, & celebravit unam Missam contra formam cujusdam Statuti in Parliamento Dominae E∣liz. nuper Reginae Angliae tento apud Westm. in Com. Middlesex, Anno Regni sui vicessimo tertio in hoc casu provisi & editi, & contra Pacem di∣cti Domini Regis Coronam & Dignitatem suam (West. Symbol. 2 part. 114. Sect. 140.

Et quod Maria B. de C. praedict' in Comitatu predict' vidua dicto octa∣vo die Aprilis Anno supradicto apud C. predict' in Com. predict' interfuit presens tempore dictae celebrationis Missae predictae ac eandem Missam (sic ut prefertur dictam) ad tunc & ibidem voluntariè audivit contrà formam Statuti predicti, ac contra Pacem Coronam & Dignitatem dicti Domini Regis nostri,

Dyer 203. pl. 72.

* 198.1CXXXIX. Kilborns Precedents, 92 a. Certificate for receiving the Sacrament and the Oath on 25 Car. 2. cap. 2.

Kent ss.

We A. B. Minister of the Parish Church of C. in the County of D. and E. F. Church-wardens of the same Parish and Parish Church, do hereby certifie, That M. N. of O. in the County of P. Gent. upon the Lords day, commonly called Sunday, the Tenth day of June, immediately after Divine Service and Sermon, did in the Parish Church aforesaid receive the Sacrament of the Lords Supper, according to the usage of the Church of England.

In witness whereof we have hereunto subscribed our Hands the Tenth day of &c.

• A. B. Minister of the Parish and Parish Church of C.
• E. F. Churchwarden of the said Parish and Parish Church.

H. J. of K. in the County of K. Gent. and L. M. of &c. do severally make Oath that they do know M. N. in the above-written Certificate na∣med, and who now present hath delivered the same into this Court. And do further severally make Oath, That they did see the said M. N. receive the Sacrament of the Lords Supper in the Parish Church of C. &c. in the said Certificate mentioned, and upon the day, and at the time in the said Cer∣tificate in that behalf certified and expressed; and that they did see the Cer∣tificate above-written subscribed by the said A. B. Minister of the said Church, and E. F. Church-warden there. And further, That the said H. J. and L. M. do say upon their respective Oaths, that all other mat∣ters or things in the said Certificate recited, mentioned, or expressed, are true as they verily believe.

* 199.1CXL. Kilborns Precedents 93: A Certificate of receiving the Sacra∣ment according to the Act, 25 Car. 2. 2.

Kent ss.

Memorandum, That at the Quarter-Sessions for the said Coun∣ty holden at C. in the County aforesaid upon Tuesday the 22 of July, in the Year of our Lord One thousand six hundred seventy three, and from thence adjourned to M. in the said County, and there holden by the same Ad∣journment upon Munday the 28th of July aforesaid, R. W. of the Parish of M. in the County aforesaid, Esq did upon the said 28th of July, in the said Court of Quarter-Sessions, there deliver into the said Court a Certi∣ficate under the Hands of J. P. Clerk, Minister of the Parish and Parish Church aforesaid, and J. M. Churchwarden of the same Parish and Parish Church, by which they certified, That the said R. W. upon the Lords day, commonly called Sunday, the 18th day of May, in the said year of our Lord 1673. immediately after Divine Service and Sermon, did in the Parish Church aforesaid receive the Sacrament of the Lords Supper, according to the usage of the Church of England.

* 200.1CLXI. Kilborns Precedents 94. A Testimonial upon the receiving the Sacrament according to the Act, 25 Car. 2. 2.

K. ss.

Memorandum also, That at the time and place of the said Deli∣very of the said Certificate, A. B. C. D. and E. F. did upon Enquiry made by the said Court, then and there severally make Oath that they did know the said R. W. in the said Certificate named, and that they were present, and delivered the same into Court; and that they did see the said R. W. receive the Sacrament of the Lords Supper at the time, day, and place, and in the manner in the said Certificate certified. And that they did see also the said Certificate subscribed by the said Mini∣ster

and Church-warden; and that the said R. W. did upon the 20th day of May then last past, and for several years before Inhabit, and then did in∣habit in the above named Parish of H. and County of Kent.

CXLII. Westm. Symb. 2 part. 114 b. § 141. An Indictment upon 1 Eliz. 2. a∣gainst a Priest for saying Mass in the Vestry of a Church, &c. Crompt. 259. pl. 89. tit. Religion 16.

CXLIII. Practical Precedents, &c. 189.* 201.1 An Indictment for keeping a Servant that goeth not to Church, 3 Jac. 4. § 33. N. 1.

Warwick ss.

Juratores pro Domino Rege super Sacramentum suum pre∣sentant quod A. B. nuper de E. in Com. W. predict' vidua primo die Maij Anno &c. post editionem Actus in Parliament' Domini Jacobi nuper Regis Angliae, apud Westm. in Com. Middlesex, Anno Regni sui tertij editi sci∣licet predicto primo die Maij Anno supradict' voluntariè & libenter retinu∣it & custodivit Anglicè, did willingly retain and keep in domo sua quen∣dam C. D. Servum suum (Anglicè her Servant) continue per spacium 12 Mensium integrorum insimul à predicto primo die Maij Anno supradicto, usque ad quartum diem Maij Anno Regni &c. Qui quidem C. D. non acces∣sit, Anglicè did not repair alicui Ecclesiae, Capellae, aut usuali loco Com∣munis precationis ad audiend' Divinum Servitium, sed abstinuit ab eisdem Anglicè did forbear the same per predictum spatium predictorum 12 Men∣sium contrà Pacem dicti Domini Regis Coronam & Dignitatem suas, & contra formam Statuti in hujusmodi casu edit & provisi &c.

Poysoning,

see Coron.

Possession,

see Seisin, Execution.

Posse Comitatus,

see Sheriffs, Riot, Force.

Post-Office,

see Ways.

Poulterers,

see Fowl.

Pound,

see Replevin.

Power,

see Justices Authority.

Power of the County,

see Force, Sheriffs.

Preachers,

see Religion, Encumbent.

Precepts,

see Process.

Praemunire,

see Pope.

Presentment,

see Endictment.

Presentation,

see Encumbent, Church.

Presumption,

see Intendment.

Priests,

see Pope.

Principal,

see Accessory, Coron.

Prisons,

see Imprisonment.

Privy Sessions,

see Justices.

Priviledge,

see Dignity.

Process.

Warrants, Precepts, Attachments.

* 202.11. LAmbert. 84, 85. A Justice of Peace may by word only command a man (being in his Presence) to find Surety of the Peace, 9 Edw. 4. 3.

For seeing that he is a Judge of Record, saith Mr. Fitzherbert, his Pre∣cept by mouth is stronger then his Precept by writing, Dalt. 328. cap. 117.

2. So if the Peace be demanded against one that is in his Presence, he may command the Sheriff, or other known Officer, or his own Servant if they be then present also, to arrest the Party to find this Surety, 14 H. 7. 8. and by Marrow, for it is not so much the Arrest of the Minister, as of the Ju∣stice himself, Crompt. 149.

3. But if either the Officer, Servant, or Party be absent, then it is re∣quisite to make a Warrant or Precept in Writing, the form whereof may be thus in English, for I see no cause yet why it should be directed in La∣tin to a Constable or Bursholder, that by all Presumption understandeth no Latin at all, Dalt. 328. cap. 117.

* 202.2II. Lambert 89. If such a Precept be made jointly to twain, yet the one alone may serve it, Crompt. 147 b. Dalt. 332. cap. 117. Jointenants, Br. 1. libr. Intr. 600.

* 202.32. If it be directed to the Sheriff, then he may command his Bayliff, Under-Sheriff, or other sworn and known Officer to serve it, without wri∣ting any Precept, Dalt. 332. cap. 117.

* 202.43. But if he will command another man that is no such Officer to serve it, he must give him a written Precept, for otherwise a Writ of false Im∣prisonment will lye for the Arrest, Crompt. 148 b.

4. And if it be directed to the Bayliff, or to a Justice of the Peace, or other Stranger, they must serve it themselves, for they can command none other to do it, neither by Word or Precept, Per Marrow, Dalt. 332. cap. 117.

* 202.55. A sworn and known Officer needeth not to shew his Warrant when he doth serve it upon a man, 8 Ed. 4. 14. Faux Imprisonment, Br. 23. Kell. 86. pl. 9 Co. 69. & 20 H. 7. 13. &c. for his Office doth after a sort Autho∣rize him, Crompt. 148 b. Dalt. 332. cap. 17.

But if the Justice of Peace will set his Servant to serve it, that Servant must shew the Warrant if the Party demand it; and otherwise the Party may make resistance.

* 202.66. A Justice of the Peace, saith Peace Br. 9. may make his Warrant retornable before himself, and the Bayliff needs not carry the Party before any other Justice: But Fineux 21 H. 7. 20. saith, That if a Justice of Peace doth make a Warrant of the Peace ex officio, (that is, without any Writ of Supplicavit awarded) then the Party may chuse to appear before him, or any other Justice in the Shire, and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him, 5 Co. 59. Lam∣bert 94.

7. Otherwise it is in the Execution of the Writ of Supplicavit, for he alone to whose hands it first cometh is authorized to execute and retorn that

Writ, and thereupon F. N. B. 81. affirmeth, That if such a Writ, of Supplicavit be delivered to the Sheriff, then he may both execute it alone, and also take Surety by Recognizance, which otherwise being but a Con∣servator he could not do, because the Writ doth so enable him; yet Little∣ton 9 Ed. 4. 31. is to the contrary.

III. Lambert 90. 91.* 202.7 The Officer ought also to require the Party to come and find Surety of the Peace, before that he do Arrest him, by 5 Ed. 4. 13. and in truth the common form of the Precept is, and if he refuse &c. then he shall convey him to the Goal; and therefore if he yield to come, and to find Surety, the Officer may neither absolutely arrest him, nor take any Fee of him.

2. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant, and then afterwards do procure a Warrant for it,* 202.8 this neverthe∣less is unlawfully done, 43 Eliz. 6. and will not excuse him in an Action of false Imprisonment, Crompt. 149. Dyer 244. Bar. 248. Dalt. 333. cap. 117.

3. But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace, and when the Party is brought the Justice will not bind him, yet the Bayl••ff is excused, 21 H. 7. 22.

IV. Lambert 91.* 202.9 If Surety of Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County, the Justice may grant a Precept to be served in the Coun∣ty.

But when the Party shall be thereupon warned and commanded to find Surety, the Officer may not carry him out of the County to the Justice of Peace that made the Warrant, by Marrow, Crompt. 149 b. infra. for a Justice of Peace hath no Authority but in the County where he is Justice, Com. 37. And therefore it may be doubted also whither such a Warrant be good or no.

2. The Case was there 13 Ed. 4. 8. That a Justice of Peace in one Coun∣ty pursued a Felon and took him in another County, whereupon it was holden that he ought to be committed to the Goal of the County wherein he was taken, and not of the County wherein he which took him was a Justice, for that he being out of his County had no more Authority than a Private Man.

3. But yet the Bayliff may not dispute the Sufficiency or insufficiency of such a Warrant, because he that awarded it is a Judge of Record, 14. H. 8. 18. Crompt. 147.

V. Lambert. 42.* 202.10 But if it fall out that he refuse to come and put in Sure∣ty of the Peace, then may the Officer by Virtue of his Warrant convey him to Prison, &c. and if he add Resistance to this refusal, and make As∣sault upon the Officer, then may the Officer Justifie the beating or hur∣ting of him 21 H. 7. 39. by Fineux.

VI. Lambert. 93.* 202.11 And an Arrest may be called the beginning of Im∣prisonment; the Precepts and Writs of the higher Courts of Law do use to express it by Capias & Attachias, &c. but this our Precept noteth it by these words, Duci facias, &c. for that the Officer hath after a sort ta∣ken him before, in that he cometh unto him, and requireth him to go to some Justice of the Peace, Dalt. 335. cap. 118. infra.

VII. Lambert 131.* 202.12 One Justice of the Peace can neither make inquiry of a Riot or Rout when it is done, nor assess any Fine, nor yet Award any Process for it, nor otherwise meddle with it in the very Nature of a Rout or Riot, but only as a Trespass, against the Peace, or upon the Sta∣tute of Northampton, 2 Ed. 3. 4. or of forcible Entry, 8 H. 6, 9. &c. Crompt. 148 b.

* 202.13VIII. Lambert 187. This to be plain, I do not like that one Justice of Peace shall take upon him to bind an Offender against any Penal Law, be∣ing within the power of Justices of the Peace, but yet neither compre∣hended in the Commission, nor committed to the Charge of any one of them, to appear at the Sessions to Answer to his Fault, Dalt. 331. cap. 117. infra.

For although I have seen sundry old Precedents of Attachments made from one Justice of the Peace against Labourers, to be before the Justices at their Sessions, to answer to their Contempts.

Yet I am not perswaded that the like may be done against the Offen∣ders of other Statutes, unless it be specially therein so appointed, no more then it might have been done in that Case of Labourers it self, had not the Statute of Labourers 25 Ed. 3. 6. § 1. N. 1. expresly commanded it, Dalt. 331. cap. 117.

2. And I doubt not but they of the late Parliament were also of this mind with me; for if they had thought it generally lawful so to do, they would not have so specially provided for it, as by 5 Eliz. 4. § N. of Servants, and 23 Eliz. 2. § N. against slanderous News, and 23 Eliz. 10. § N. against taking Pheasants and Partridge.

3. And surely much harm followeth of it; for it falleth out most commonly in Experience, that those Justices which be most busied to take such Bonds, be no less ready to release them, &c.

* 202.14IX. Lambert 188, 189. And therefore it were better, &c. that such Offenders were first Indicted, and then that Process were orderly awarded against them, until that either they yielded themselves, or were taken or outlawed, the which manner of doings it is better warranted of the twain, so doth it recompence the delay of the punishment with the weight of the pain, and shall profit more than the former.

2. There is one thing also whereof I thought meet to admonish our Ju∣stices of Peace in this place. Many of them do use to give out their Pre∣cepts to attach Persons suspected of Felony, to the end to have them brought before them, which thing is neither newly devised by them, nor done without colour; for they have such a Precedent in the old Book of Justices of the Peace, 41. infra, Crompt. 147 b.

3. And there is no doubt but that if a Felony be done, every man may Arrest whomsoever he suspecteth of it: But for all that the whole Court, 14 H. 6. 16. Fax Imprisonment, Br. 8. 33. condemneth such Precepts; because if the Bayliff which serveth the Warrant have suspition in the Par∣ty, he may of himself without the Warrant Arrest him; and if he have not then is the Warrant of a Justice of Peace no Warrant to Arrest him, unless he be Indicted before, 4. Inst. 177, 178. Crompt. 148 b. Dalt. 331. cap. 117. infra.

* 202.15X. Lambert 512. The Authority of making Process upon Indictments is given by the express words in the Commission, § 13. And in other Cases where it is not namely given, it is implyed of congruence, or rather of necessity in the words hear and determine in the Commission, § 14. which cannot be performed unless the Party do come in gratis, or be brought in by the power of Process, Dalt. 330. cap. 117. Dalt. 403. cap. 132.

* 202.162. This Process ought always to be in the name of the King, thus, Ja∣cobus Dei gràtia, &c. Vicecomtti Kanciae, &c. And therefore also seeing he is Party, it must say, Non omittas propter aliquam libertatem, Quin &c. Prerog. 21. Crompt. 149 b. Dalt. 347. cap. 121. & 404. cap. 132. Franchise, Br. 31.

3. And the Test thereof may be under the Name of some two Justices, so that it be made sitting the Court in the Sessions of Peace, Br. 6, 7. Dalt. 347. cap. 121.

4. But now whereas the Commission giveth to the Present Justices Au∣thority to make Process upon Indictments taken,* 202.17 as well before former Ju∣stices as before themselves, all that doing was wont to be discontinued in Law by the coming out of a new Commission of the Peace, until 11 H. 6. 6. § 1. N. 2. did establish that no Pleas, Suits, or Process to be taken be∣fore Justices of the Peace, should be discontinued by a new Commission of the Peace to be made &c. and of the like effect &c. is 1 Ed. 7. § 6. N. 1. Crompt. 151. 152.

XI. Lambert 513. Furthermore,* 202.18 whereas Sheriffs and their Bayliffs used to Arrest Men and to proceed upon Indictments found in their Tourns or Law-days, another Statute 1 Ed. 4. 2. § 1. N. 3. wringeth that Power out of their hands, and delivereth it over to the Justices of Peace, 1 Ed. 4. 2. § 1. N. 6. appointing them to proceed upon them as if they had been found before themselves, Crompt. 151 b.

XII. Lambert 513. 514. Now seeing that this process of the Sessions is sent out to this end,* 202.19 that either the Party shall come in to answer and to be Justified by the Law, or else that he shall for his Contumacy be depri∣ved of the benefit of the Law, for so much in effect do the words of the Commission § 13. Quousque Capiantur reddant se aut Ʋtlagentur, im∣port in them: It followeth, that in all Cases of Endictments, if the Par∣ty be retorned Insufficient, the Process of Utlary lieth against the Offen∣dor, if he be not taken before, or do not otherwise offer and yield him∣self, and then the Power of the Justices endeth with the Utlary, for they can make no Capias Ʋtlagatum, but must certifie the Utlary in B. R.

2. A good while after that Commissions of Peace were first Awarded, there was not given by them any power to make out any Process by Utlary; for 20 Ed. 3. part 3. Patent in dorso, were words Authorizing the Com∣missioners of the Peace to Arrest all such as should be Endicted before them; but by and by this followeth there, & ad nomina eorum qui fuerint, & co∣ram vobis Justiciari noluerint Certificand' in Cancellaria, &c. So that if they might not get them Arrested they could go no further, but to certifie their names only, 25 Ed. 3. Stat. 5. cap. 14. § 1. N. 4. Crompt. 150 b. 151.

3. Now the mean to this Utlary is not all one in all Cases; for upon En∣dictments of Trespasses against the Peace, or such other Contempts, the Process is one, and upon Endictments of Treason or Felony it is ano∣ther.

XIII. Lambert 514, 515. Upon Endictments of Trespass against the Peace, of Conspiracies, and of Routs in the Presence of the Justices,* 202.20 or in Affray of the People, if the Offenders may not be found, nor brought in by Attachment or Distress, by reason of their insufficiency, the Process of Utlary is to be Awarded by the Statutes of 18 Ed. 3. St. 1. pag. 109. § 1. N. & 18 Ed. 3. St. 2. cap. 5. The like is against such as be Indicted upon the Statute of Liveries, 19 H. 7. 14. § N. Crompt. 150. Dalt. 404. cap. 132.

2. A Venire Facias first, and then if thereupon he be returned suffici∣ent, a Distringas, and so the same Process Infinite till he come in, Crompt. 150 b. 151 a. 152.

3. But if a Nihil habet, &c, be at the first retorned against him, then a Capias alias & pluries, and a••ter an Exigent, as it seemeth by Mr. Mar∣row.

4. And the old Precedents agreeing with the common Course, as I take it, is the very ordinary Process upon all Endictments not sounding in Felony or greater Offence, whether they be of Trespass against the Peace, or of Contempt against Penal Laws, unless it be otherwise speci∣ally provided by those same Statutes whereupon such Endictments be alto∣gether grounded, &c.

* 202.21XIV. Lambert 515, 516. The Statute 22 H. 8. 5. § 1. N. 1. of Bridges alloweth such Process as the Justices of B. R. do use, or such as the Justices of Peace themselves shall think meet by their discretion for the speedy A∣mendment of those Bridges, Crompt. 151.

* 202.222. Upon Endictments of Liveries, Maintenance, Archery, unlawful Games, &c. by 33 H. 8. 10. § 1. N. 9. there was given one Venire Fac, one Capias, and then the Exigent, but it is to be weighed whither the Statute 37 H. 8. 7. § 2. N. 4. which utterly repealeth 33 H. 8. 10. do trans∣fer the manner of that Process unto the Ancient Quarter-Sessions, as it doth sundry other Parts of 33 H. 8. 10. or no, Crompt. 151.

* 202.233. The Statute of Labourers, 23 H. 6. 13. § 1. N. 10. gave after the En∣dictments Grounded thereupon an Attachment, Capias, and Exigent: But I think it no great doubt but that point is taken away for Laborers by 5 Eliz. 4. § 2. N. 1. and standeth good for none, except it be for Victuallers only, 5 Eliz. 4. § 47. N. 1. Crompt. 151.

* 202.244. The Statute 5 & 6 Ed. 6. 25. § 3. N. 1. giveth Power to the Justices of Peace to enquire of alehouse-keepers, whether they have done any act to the breach of their Recognizance, Crompt. 151 b.

And 5 & 6 Ed. 6. 25. § 3. N. 2. If any matter be Presented, then to a∣ward Process against the Offender, to shew why he should not forfeit his Recognizance, infra.

But what this Process shall be, I will not determine; for I do not find that in any other Case, though it appear that a Man hath forfeited his Recog∣nizance, the Justices of Peace can Award any Scire Facias, or other Pro∣cess, to call him in upon it, but rather to certifie the same into higher Courts, that from thence Process may Issue out to call the Party to his An∣swer.

* 202.25XV. Lambert 516. 517. Some other Statutes there be also that have ex∣tended the Authority of the Justices of Peace in sending Process beyond the bounds of their own Commission; for by 1 Ed. 6. 1. § 3. N. 1. three Justi∣ces of the Peace, the one being of the Quorum, may make Process against such as be thereupon Endicted for depraving the Sacrament, by two Writs of Capias and the Exigent, and by Capias Ʋtlagatum into any Place within the Kings Dominions, Crompt. 151.

2. So if a Servant depart into another Shire, the Justices of the Peace of that Shire where the departure was, may grant Writs of Capias to the Sheriff of that other Shire where the Servant is retornable before themselves, 5 Eliz. 4. § 47. N. 1. Crompt. 649 b.

3. The like they may do by 22 H. 8. 5. § N. where a decayed Bridge lieth in one Shire, and the Person or Lands chargeable thereto do lye in another, Crompt. 151.

* 202.264. They may also Award Process of Attachment unto any foreign Shire against the Accountants for Money levied towards the making of any Goal, 25 H. 8. 5. § N. & 5 Eliz. 24. § N.

XVI. Lambert 517. 518. But if the Endictment be in one County,* 202.27 and the Endicttee be named to be (then or nuper) dwelling in any other Coun∣ty, there is a special Course of Process in that behalf, for his benefit ap∣pointed by 8 H. 6. 10. §. 2. N. 1. both for Treason, Felony, and Trespass, for before any Exigent shall be Awarded, one Capias must be sent out and retorned; Crompt. 105. Ab. Stanf. 68.

2. And then a Second Capias shall go into the County, where he is supposed in the Endictment to be, or to have been conversant, retorn∣able before the same Justices of the Peace, before whom the Endictment was taken, three Months at the least after the date thereof, for all Coun∣ties be now holden from Month to Month by the Statute 2 & 3 Ed. 6. 25. § 2. N. 1.

By which last Writ, 8 H. 6. 10. § 2. N. 2. 3. 4. The Sheriff shall be com∣manded to take the Endictee, if he may be found within his Bailywick: And if not, then to make Proclamation in two Counties before the retorn of that Writ, that the Endictee shall appear before the said Justices of the said County where the Endictment was taken at the day contained in the last said Capias to answer to his Offence, at which day if he come not, then the Exigent shall be Awarded against him, and otherwise not.

3. And by the Equity of this Statute 8 H. 6. 10. § 2. N. 1. saith Mr. Marrow, if the Indictee be imprisoned in another County, the Justices of Peace may Award an Habeas Corpus to remove him before them.

XVII. Lambert 518.* 202.28 But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only, then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the A∣lias dictus is not to be traversed, 1 Ed. 4. 1. Crompt. 149 b. 150 a.

XVIII. Lambert 518, 519.* 202.29 But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas. And F.N.B. 237. E. hath the Case, That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace, the Party may find Sureties in the Chancery, body for body, to appear at the day of the Writ, and may then also have a Supersedeas thence to the Sheriff, commanding him to forbear to take him, and to let him go if he then have already taken him for that Cause.

And Co. Entr. 546. The Process upon such an Endictment staid by a Su∣persedeas issuing from one Justice of the Peace alone, and testifying that the Party came before him, and found Surety de fine assidendo, Crompt. 150.

But as I believe the former, so will I not perswade the Practice of the latter, because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant, but that it must be done by two Justices of Peace at the least, the one being of the Quorum, as the Commission now standeth.

XIX. Lambert 519.* 202.30 It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony, was but one Capias, and then an Exigent; for so it was upon an Indictment of Death, 22 Ass. 81. Stanf. 67.

2. But the old Precedents grounding themselves upon the Statute, 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exi∣gent.

For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth, that after the retorn of Non est inventus upon the first Capias; another Capias shall be inconti∣nently Awarded, whereby the Sheriff shall be commanded to seize the Chattels of the Indictee, and safely to keep them till the day of the Capias

retorned; and if he then also retorn Non est inventus, and the Endictee co∣meth not in, the Exigent shall be Awarded, and the Chattels shall be for∣feited. But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him, or be taken before the retorn of the second Capias, then the Goods and Chattels shall be saved unto him.

* 202.31XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County.

2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony, but only in the County wherein he was Indicted or Outlawed, whereby many Evil men were much encou∣raged.

3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assign∣ed to hear and determine Felonies, might direct their Writs to any County in England, to take such Endictees whither soever they were removed, Crompt. 149 b.

4. On the other side, if the Endictment be found in one County, and the Indictee is therein named to be then dwelling in another County, supra, it appears what Process is to be, &c.

* 202.32XXI. Lambert 520, 521. The power of making Process upon Informa∣tions proceedeth from special Statutes, and may not therefore vary from their Directions, although they themselves do vary greatly one from ano∣ther.

2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. §. N. of Liveries, they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace, because the Information it self is by force of that Statute instead of an Ori∣ginal Writ, Crompt. 151.

3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance, they may, as supra, Award Proces against him, to shew Cause why he should not for∣feit his Recognizance, by 5 & 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias, or of some other Process.

* 202.33XXII. F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace, and put in Prison by Process made thereon he may sue a Writ in the Chancery, directed to the Sheriff, that he take Surety of him to appear before the Justices at the Sessions, &c. and that he let him at large, but the Justices of Peace may let him by Mainprise go at large if they will.

* 202.342. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace, and be taken and put in Prison, therefore he may sue a Certio∣rari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed, that he bring the Record at his proper Charges before the King at the same day in his Bench, &c. Crompt. 150.

* 202.353. F. N. B. 250. ••. And if a Man be Indicted of Forestalling, and taken and put in Prison therefore, he may sue a Writ in Chancery directed to the Sheriff, that he take surety of him to appear before the Justices to answer of the Trespass, &c. and that then he may let him at large, Crompt. 150. infra.

* 202.36XXIII. Lambert Constable 16, 17. And as these Officers ought to Arrest those that do make assault upon any private Person, so also may they Arrest any such as shall make Assault or Affray upon themselves, whilst they be in doing their Offices, and may for that purpose both lawfully de∣fend themselves, and also take the Offenders and commit them to the Goal, or carry them to a Justice of the Peace for the finding of Surety of the Peace.

2. But if one do Assault a man in or nigh the High-way to rob him, and be taken by the true man, or by any other, and be brought to the Con∣stable, or such other Officer of the Peace, then ought such Officer not on∣ly to take him to his Ward, but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing.

3. So if any man do suspect another of Murder or Felony, and do de∣clare the same to any such Officer of the Peace, then such Officer may Ar∣rest the suspected person, and he shall do well do carry him to a Justice of the Peace, together with him that doth suspect him, to the end that they both may be Examined, as appertaineth, supra.

4. Yea, any Constables, Borsholders, Tythingmen, &c. may search within the Limits of his Authority for any persons suspected of Felony; for it is a chief part of their Office to repress Felons.

XXIV. Lambert 541, 542.* 202.37 It seemeth by Mr. Marrow and Fitzh. 16. that albeit two Justices of the Peace, the one being of the Quorum, may hear and try the Felonies, yet no Justices of the Peace have Authority to deliver Felons by Proclamation, or without sufficient Acquittal, nor yet to deliver such as be in Prison for suspition of Felony.

2 For they must proceed by enquiring, hearing, and determining, as their Commission § 13. appointeth them, and not rid the Goal otherwise as the Justices of Goal delivery may do.

3. And therefore such Persons, if they cannot be Indicted must either remain the coming of the Justices of Goal-delivery, as the common man∣ner now is, or else being removed in B. R. they are either to be delivered thence upon the Writ F. N. B. De gestu & fama, as old order was, or by such other mean as they at this day do use therein.

XXV. Lambert 543. Furthermore,* 202.38 they cannot Arraign a Man upon his Abjuration, saith Mr. Marrow.

2. It hath also been thought unmeet that they should try a Felon the same day in which they Awarded the Venire Fac. against the Jury,* 202.39 on 22 Ed. 4. Coron 44. but that hath no necessity, and the Law is now otherwise taken. See tit. Justices 289. Crompt. 150 b. 152 a.

3. Marrow saith, that Justices of Peace cannot Award the Writ of Ve∣nire Fac. tot matronas, to try whether a Woman Arraigned before them be with Child or not.

But seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved, I cannot but doubt of this Opini∣on.

XXVI. Lambert 534. 535.* 202.40 If Process be Awarded (in B. R. or before Justices of the Peace) the Party may come in and offer his Traverse, and otherwise the Process should be in vain.

2. Hereunto agreeth Moubray, 41 Ed. 3. 26. Traverse de &c. Br. 2. Saying further, that in a Leet such a Presentment is not traversable, be∣cause out of a Leet no Process can be Awarded upon it. And this perad∣venture is the Reason of 8 Ed. 4. 5. and of Mr. Marrow, where they say, That a Presentment of Bloodshed found in the Sheriffs Tourn, and sent as it ought to be to the Justices of Peace, cannot be Traversed before them; as whereupon they can neither make Process nor discharge the Party by way of Plea, Lambert 496.

3. So that this seemeth a general Learning, That wherever any Pro∣cess ad Respondendum goeth out upon such an Endictment as is traversa∣ble, there also the Party may offer and ought to have his Traverse against it.

* 202.41XXVII. Crompt. 147. A Justice of Peace may make whom he will Offi∣cer, by Brudnel, which was granted 14. H. 8. 18. Dalt. 332. cap, 117.

2. But the Warrant must bear date of the place where it is made, 14. H. 8. 15.

3. It appears by the Oath of a Justice of Peace that he ought to direct his Precept to the Baily of the County, or other the Kings Officers, or to other Indifferent Persons, to do Execution thereof, Fitzh. J. P. 19.

* 202.424. Crompt. 147 b. If a Justice of Peace commands an Officer known, by Precept to do a thing out of the Jurisdiction of the Justice of Peace, and he doth it, the Officer shall be punisht; &c. 22. Ass. 64. Officer Br. 20. and so see that the Officer must take notice of the Authority of the Judge, Dalt. 334. cap. 117.

* 202.435. Nota, That the Officer who Arrests a Man must see at his Peril whi∣ther it be the same Person or not that should be Arrested, &c. 21. Ed. 4. 54. Replevin Br. 58. 13. H. 4. 2. Crompt. 148 b. Dalt. 333. Cap. 117. in∣fra.

6. If the Justices Award Process to take another without Cause, and the Sheriff takes him, yet he shall not be punisht, for he cannot argue their Authority. As if the Justices De Banco, in a Praecipe quod reddat Award a Capias to take the Defendant, and the Sheriff takes him, and after the Justices Amend the Process, yet the Sheriff shall be discharged 20 H. 6. 15.

* 202.44XXVIII. Crompt. 147 b. 148. A Justice of Peace makes a Precept to bring A.B. before him to answer to such things as he hath to object against him on the Kings behalf, it seemeth good without shewing the special matter, for it may be he hath matter of Treason, Conspiracy, Murder, or &c. to object to him. This is used by the Justices, as the chief Clerk of Wray Chief Justice told me, Dalt. 329. cap. 117.

2. See Libr. Intr. 83. An Attachment to appear before Justices of Assize to Answer super hijs quae sibi ex parte nostra tunc ibidem objicientur, Dalt. 329. cap. 117.

* 202.453. But if a man be to find Surety of the Peace or Good-behaviour, he must shew the Matter in the Precept, but not if it toucheth Felony, or Capital Offences, or Conspiracy, or unlawful Assemblies, &c. Dalt. 329. cap. 117.

4. Stamf. 155. A Corpus cum causa out of B. R. to the Sheriff of York against one who was in Prison in the Castle there, and he did not shew the Cause in the Writ; for it may be that the Justices sent for him for matter of Treason, or great Conspiracy, and therefore by Catline Chief Justice they need not shew Cause; no more shall a Justice of Peace do, as it seem∣eth, in Case where he sends for him that hath commited Felony where he is to be examined thereon, for then he would not be taken, and so it is used every where.

5. A Bailiff or other Arrests a Man by Warrant of the Peace, and takes his Promise that he will come to him such a day to go to a Justice to find Surety of the Peace, and he comes not, the Bailiff cannot take him again by the said Warrant, &c. But if he escapes Br. 12. 45. against his will, he may retake him by Fresh Suit, &c. Dalt. 333. cap. 117.

* 202.46XXIX. Crompt. 148 b. A Justice of Peace may command his Servants to go to such a Place, and if Rioters come there, to Arrest them, without ma∣king any Precept to them, by Fineux Chief Justice, and Tremail, 14 H. 7. 8. Lambert. 89. supra. Dalt. 328. cap. 117.

2. If a Justice of Peace makes a Warrant to a known Bayliff to Arrest a∣nother for Felony, where he is not before Indicted,* 202.47 the Bayliff shall not be punisht for the Arrest, for a Justice of Peace is an Officer of Record, and the Bayliff cannot argue his Authority: And yet this Warrant is out of the Au∣thority of the Justice of Peace himself; For the Justice himself cannot Ar∣rest another for Suspition of Felony, if he himself doth not suspect him, 14 H. 8. 18. & 20 Ed. 4. 6. Faux Imprisonment Br. 8. 33. Barr 289. Trespass 179. Lambert 188, 189. supra.

3. A Commission issued to take such as were slandered for Felony or Trespass, and he Arrested them though they were nor Indicted, and good, though it seemeth the Warrant is against Law, 24 Ed. 3. 9. accord, and so see the Officer excused: And such an Attachment by others by Precept is good. Ibidem quod not a Faux Imprisonment Br. 29. accord, and he shall not be punisht.

4. The Defendant in Faux Imprisonment shall not shew the Warrant that was sent to him to attach the Plaintiff, because it may be it is retorned, 27 Ass. 26. 21 H. 7. 24.

5. It seemeth that the Justices of Peace in full Court may Award a Pre∣cept, upon a pain contained therein, as Justices of B. R. may, &c.

XXX. Crompt. 149.* 202.48 See if a Justice of Peace may Award a Precept to warn a man to appear to be deposed for the King at the Sessions, and if he refuseth he shall be Imprisoned.

2. Upon an Indictment before Justices of Peace, if an Exigent be re∣torned quarto exactus, and that he can call him no more for shortness of the time, an Exigi facias de novo shall issue without alledging of 4 Coun∣ties, &c. and so is the Experience in B. R. Crompt. 150 b.

3. By the like Reason as F.N.B. 92. if any abuse the Precepts of Justices of Peace which are direct to the Sheriff to Arrest others to the Peace where &c. he shall be Indict and fined, for it is the Kings Process,* 202.49 Dalt. 334. cap. 117.

4. Crompt. 149 b.* 202.50 A Justice of Peace makes to a Bayliff a Warrant to Arrest such a one to the Peace, and to bring him to him at such a place in another County, and he doth so, in Faux Imprisonment against the Officer he cannot plead this matter, because it is out of the Jurisdiction of the Justice. See Com. 37. Lambert 91. supra. Marrow Lect. 3. that the War∣rant supra is void, Dalt. 334. cap. 117.

XXXI. Crompt. 150.* 202.51 Process of Exigent shall not issue against the Ac∣cessory, until the Principal be Attaint by Utlary, 3 Ed. 1. W. 1. cap. 14. and by 43 Ed. 3. 17. until the Principal be Attaint.

2. If the Party appears in Court who is Indict of Trespass,* 202.52 and there confesseth the Indictment, no Process shall be Awarded to make a Fine, but he shall be Committed presently until he hath made a Fine, 1 H. 7. 7. Faux Imprisonment Br. 100. Dalt. 404. cap.

3. Three Exigents are awarded upon an Indictment before Justices of Peace, and the Party sueth a Supersedeas out of the Chancery or B. R. for delay, and doth so thrice; Quaere in this Case if the Justices may Award another Exigent with a pain to the Sheriff, who alledgeth such a Superse∣deas again, though the Chancery be the higher Court, as 7 Ed. 4. 9. Super∣sedeas Br. 31. Crompt. 151 b.

XXXII. Crompt. 150 b.* 202.53 Upon an Indictment of Forestalling Process of Utlary lieth not, 22 Ed. 4. 11. F.N.B. 250. I.

Nor in Maintenance upon an Original, 8 H. 6. 37.* 202.54

XXXIII. Crompt. 151 b.* 202.55 One Justice of Peace alone cannot Award a Ca∣pias nor other Process, but there must be two Justices at least to do it, and this Sedente curia in Sessionibus, and not extra, Peace Br. 6. 7.

* 202.562. Justices of Peace may Award an Attachment to the Sheriff of any County in England, as well within Liberties as without, retornable be∣fore themselves, against him that is Commorant that should Account, ha∣ving been Collectors of Sums Assest for making of Goals, 23 H. 8. 5. § N. & 5 Eliz. 24. § N.

* 202.573. The Justices of Peace may award such Process against Hostlers and Inn-holders, who bake Horse-bread which is not sufficient, lawful, and of due assize, whereof they are Indicted, as they should do a Presentment of Trespass against the Peace, 32 H. 8. 41. § N.

* 202.584. The Process shall be Awarded as upon an Indictment of Trespass where the Sheriff or Bayliff of a Franchise is Indicted for not executing Process upon 8 H. 6. 9 § N. of forcible Entries.

* 202.595. Process shall be Awarded against Forestallers, Regrators, and In∣grossers, who offend against 5 & 6 Ed. 6. 14. § 10. N. 2. as should be where they are Indicted before them by Inquisition, or by Verdict of Twelve men.

* 202.606. Process shall be as in Trespass where a man is Indict on 4 & 5 Ph. & Mar. 3. § N. for not coming to Musters.

* 202.61XXXIII. Crompt. 152. Process against such who shall be Indict for using of false Measures and Weights, shall be as if they had been Indict of breach of the Peace by 11 H. 7. 4. § N. Dalt. 403. cap. 132.

* 202.622. Process shall be as upon Indictments of Trespass, &c. against such who are Presented, or against whom an Information shall be made on 5 Eliz. 5. § N. of Maintenance of the Navy.

3. Process shall be as upon Indictments with force, &c. against an Eschea∣tor who offends against the Statute,* 202.63 12 Ed. 4. 9. §. N. touching the not having of 20 l. Land by the year, or if he sets his said Office to Farm, &c.

* 202.644. Such Process shall be Awarded against him who is Indicted on 25 H. 8. 13. § N. of keeping of Sheep above a certain number, as is used in Tres∣pass Presented before Justices of Peace.

* 202.65XXXIV. Crompt. 232 b. pl. 2. Process upon Indictments of Trespass. The Writ of Capias, Dalt. 405. cap. 132.

Jacobus Dei Gratia Angliae &c.

Vicecom' S. salutem,

Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua Quin eam In∣gredias & Capias J. D. de A. in Com. tuo Yeoman &c. si invent' fuerit in Balliva tua & eum salvo Custodiri facias Ita quod Habeas Corpus ejus coram Custodibus Pacis nostrae nee non Justiciarijs nostris ad diversas Feloniam transgressiones & alia Malefacta in eodem Comitatu tuo perpetrat' audiend' & terminand' Assignat' apud Stafford in Com. tuo die Martis proximè post Clausum Pasch proximum futurum ad respondend' nobis de diversis transgr. Contempt' & offensis de quibus ipse Indictatus existit & habeas ibi tunc hoc breve.

Teste W. H. apud Stafford 6 die Junij Anno Regni nostri, &c.

Ad quem diem A. B. Armig' Vicecomes Comitatus predicti Retornavit quod ipse Non est inventus in Balliva sua, & ipse non venit, ideo preceptum est sicut alias, &c.

* 203.12. Jacobus, &c. Vicecom' &c. precipimus tibi sicut alias tibi preceperi∣mus quod non non omittas, &c.

Ad quem diem, &c. & ipse non venit, ideo Preceptum est Viecom' sicut plures, &c.

He may appear gratis to avoid an Attachment of his Body, 3 Ed. 4. 16. Jours Br. 2. 16: And this is the Reason its Entred, & ipse non venat, Dalt. 404, 405. cap. 132.

3. Jacobus &c. Vicecom' &c. salutem,* 203.2 Precipimus tibi sicut pluries tibi Precipimus quod non omittas, &c.

Ad quem diem A. B. Armiger Vicecom' Comitat' predict' Retorn' quod predict' C. D. Non est inventus in &c. & ipse non venit, ideo Precept' est quod Exigi facias &c. Dalt. 406. cap. 132.

* 203.3 4.

Jacobus &c.

Vicecom' &c. salutem,

Precipimus quod Exigi facias C. D. & A. in Com. tuo Yeoman, quodque secundum legem & consuetudi∣nem Regni nostri Angliae Utlagatur si non comparuerit, & si comparuerit tunc eum Capias & Salvo Custodiri facias, Ita quod Habeas Corpus ejus Co∣ram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon' Transgr' & alia Malefacta in eodem Comitatu tuo perpetrat' audiend' & terminand' Assignat' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich' Archangeli proximum futur' tenend' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr' Contempt' & Offensis de quibus ipse Indictus existit & habeas ibi tunc hoc breve.

Teste &c. H. apud Staff. 8. die Sept. Anno Regni &c.

Dalt. 406. cap. 132.

Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn' quod ad Com. Staff. tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo & hic ad quatuor alios Com. tunc proximè sequent'. Ibidem tent' predict' C. D. exactus ••uit & non comparuit ideo Utlagatus fuit.

XXXV. Crompt. 233 And he must shew the days when the Counties were as it seemeth Process, Br. 149.* 204.1

2. Note, Where the Process Issueth upon an Endictment of Felony, then the first Process shall be a Capias, and then a Capias alias, and then an Exigent, and the Entry of the Process shall be ut supra, mutatis mutan∣dis.

3. Nota, That an Entry must be made in the Roll with the Clerk of the Peace, which shall be a Warrant of every Process that shall be Awar∣ded, as it seemeth. And 2 R. 3. 12. it appears that the Writ must be War∣ranted by the Roll, See Dyer 211.

4. And a Man that hath day to appear by the Roll, or is to have cor∣poral Penance, or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorn∣ed served, which see Kell. 166 b. pl. & 10. H. 7. 11 b. Jours 29. Br. 93.

XXXVI. Dalt. 329. Cap. 117. Recites Crompt. 148 Supra.* 204.2 And I once received a Warrant, brought me by one Thomas Evans, a Pursevant or Messenger of his Majesties Chamber, Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of En∣gland, for the apprehending of one James Malin for a matter of Contempt, and the said Warrant was in general words, scil. to Answer to such Mat∣ters as were to be objected against him without any special Cause therein mentioned, infra.

2. Also I saw another Warrant 3 Jac. granted under the hand of Popham, Chief Justice, to bring one Edmonds of Barnwel by Cambridge before him, to answer to such Matters as he had to object against him on the Kings Ma∣jesties behalf, without any special Cause or Matter therein set down, Libr. Intr. 83.

3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank; for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he m••ght put therein one whom he would Attach upon Suspition of Felony, and the Justice of Peace did so, granting a Warrant with a blank, where he neither knew the Par∣ties Name, nor the Matter; and for this the Justice was fined in the Star-Chamber, as Crompt. Jurisd. 34.

* 204.3XXXVII. Dalt. 330. cap. 117. Also the Justices of Peace in divers Ca∣ses do use to grant their Warrant against a Man for his neglect, or other default, as for refusing to pay down rates, and the like, and such War∣rant may be either to attach the Offender to be at the next Sessions there to answer, &c. or else to bring the Offender before the said Justice, or any other Justice, &c. who finding Cause may bind such an Of∣fender to appear at the next Sessions to answer the said default, Lambert. 187. Supra.

2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing, there it seemeth they have Power given them of congruity to grant their Warrant to bring such Per∣son before them, that so they may take Order therein, Lambert 512 supra.

* 204.4XXXVIII. Dalt. 330. 331. cap. 117 But I find it much controverted, 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt. 147 b. Lambert 188. 189. supra. Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony, or against Offenders upon a Penal Statute, unless such Persons or Offenders be first thereof Indicted, for that the Justice of Peace, as he is a Judge of Record, so it is said he must have a Record whereupon he doth Award his Process or Precept.

2. For the first, Some hold that the Justice of Peace may grant his War∣rant to Attach Persons suspect of Felony, for that it seemeth in the first assignavimus in the Commission, § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony, &c. and how shall the Justice of Peace cause this to be done, but by his Warrant or Command∣ment?

3. Again, If a Felony be done, there is no doubt but that every Pri∣vate Man, without a Warrant, may Arrest whomsoever he suspecteth of it, being a Man of Evil Fame, &c. but if the Offender, being pursued shall resist, Quaere who shall be aiding to a Private Man whose Goods are stoln, and who suspecteth another to have stoln them, either to search for his Goods, or to apprehend the Party suspected, if the Justice of Peace by his Warrant shall not command the Constable to aid him therein: If it be objected, that the Constable may do all this of his own Authority upon request to him made by the Party Robbed; be it true, yet we find by com∣mon Experience that the Constables, without the Justices Warrant there∣in, are for the most part both very fearful, and also remiss herein, as nei∣ther knowing their own Authority, nor the Danger.

4. Besides this is no new thing, for there is such a President in the old Book of Justices of Peace, Impress. 1561 fol. 41. yea, it is the common Practice at this day, and it seemeth to be very serviceable, and of two E∣vils the less is to be chosen, scil. that an Offender or suspected Person should be Imprisoned for a time, though sometimes wrongfully, than that one which hath committed a Felony should escape unpunish∣ed.

5. Next,* 204.5 For the Justices of Peace to bind one or to grant a Warrant a∣gainst Offenders upon any penal Statute to appear at the Sessions to an∣swer to their Offences or fault, though such Statute be within the Power of the Justices of Peace, yet such Warrant or binding over of such Offenders may seem not Warranted unless it be specially so appointed in the Statutes. But such Offenders ought first to be Indicted, and thereupon Process from the Sessions is to be Awarded against them untill they come in, &c.

6. And yet there be sundry Precedents of Attachments made from one Justice of Peace against Labourers, &c. but these may seem also to have been Warranted, &c. by 25 Ed. 3. 6. § 1. N. 1. which Statute is now re∣pealed by 5 Eliz. 4. § 2. N. 1. Lambert 187. supra.

7. Also it is usual, by way of prevention to bind by Recogni∣zance such as do Tramel for Larks, that they shall destroy no Partridg∣es.

As also to bind by Recognizance Butchers, and all Victuallers, that they shall not kill nor dress any Flesh in Lent time contrary to the Laws; and for these purposes the Justices of Peace, do grant out their Warrants to convent the said Persons before them; (for Victuallers, viz. Taver∣ners, Inholders, Alehouse-keepers, Keepers of Ordinary Tables, and other Victuallers) I have known sundry Proclamations which seem to War∣rant the Justices of Peace therein; but for the other, what Law or Warrant there be for it, I know not, untill the Offender be Convict∣ed.

XXXIX. Dalt. 332. cap. 117.* 204.6 The Officer to whom any Warrant shall be directed and delivered, ought with all speed and secrecy to seek and find out the party, and then to execute his said War∣rant.

2. And an Officer giveth sufficient notice what he is, when he saith to the Party, I Arrest you in the Kings Name, &c. and in such Case the Party at his Peril ought to obey him, though he knoweth him not to be an Officer: And if he have no lawful Warrant the Party grieved may have his Action of false Imprisonment against him.

XL. Dalt. 333. cap. 117.* 204.7 Where there be two or three known by the Name of J. S. of D. Yeoman, and upon a Warrant or other Process granted out against one of them, another of them is Arrested, an Acti∣on of false Imprisonment will not lye against the Officer for this, for the Officer is not bound at his Peril to take notice which of them is the Offen∣der, &c. and perhaps no particular Offence is mentioned in the Warrant: Yet see L. 5 Ed. 4. 51, & 84. pro & contra, & 11 H. 4. 90. & Crompt. 174. su∣pra, ideo Quaere.

2. Where a Warrant is granted out against J. N. the Son of W. N. and the Officer thereupon Arresteth J. N. the Son of T. N. although in truth he be the same Person that Offended, and against whom the Complaint was made, yet this Arrest is tortious, and the Officer Subject to an Action, 10 Ed. 4. 12. Faux Imprisonment Br. 38.

3. The Officer upon any Warrant from a Justice of Peace for the Peace, or Good-behaviour, or in any other Case where the King is a Party; may by force break open a Mans house to Arrest the Offender &c.

XLI. Dalt. 334. cap. 117.* 204.8 If a Justice of Peace shall grant his Warrant to one to apprehend another for Murder, Robbery, or Felony, it shall be safe for the Justices, upon delivery of the said Warrant, to take upon Oath the Examination of the said Party that requireth the Warrant, or at least to bind him over by Recognizance to give Evidence at the next Goal-delivery,

&c. against the Offender, lest that afterwards, when the Of∣fender shall be brought by the Officer before the Justice upon his said War∣rant, or else happen to yield himself to the said Justice, then the Par∣ty that procured the Warrant be gone, Lambert 210, 211. Proof 1.

2. For by credible report I am informed, that one having procured a Warrant from a Justce of Peace in Suffolk against another for Robbery done upon the Highway, and the Justice upon the delivery of his Warrant, not having bound over the Complainant to give Evidence, nor taken his Ex∣amination, &c. that at the next Assizes and Goal-delivery the Party charged with the Robbery came and offered himself to the said Justice of Peace, who immediately acquainted Sir Thomas Fleming, then Lord Chief Justice and Judge of Assize there, with the whole matter, but the said Judge much blamed the said Justice of Peace for not having bound over the said Complainant at the first, when be granted him the Warrant; and charged the said Justice of Peace at his Peril, presently to send for the Party Complainant to come to give Evidence, &c. and further directed the said Justice of Peace presently to bind over the Party charged with good Sureties for his Attendance and Appearance. Dalt. 352. cap. 121.

* 204.9XLII. Dalt. 335. cap. 118. If the Constable, or other Officer, upon a Warrant received from a Justice of Peace, shall come unto the Party, and require or charge or command him to go or come before the Justice, &c. this is no Arrest or Imprisonment; and upon a Warrant for the Peace, the Officer ought first to require the party to go before the Justice, before he may Arrest him, Lambert. 93. supra.

* 204.102. But the Justices of Peace are not to grant their Warrants for the Peace or the like, against any Noble-man: And yet if a Capias or Attachment shall be Awarded against a Baron or Peer of the Realm from the Kings Ju∣stices at Westminster for a Contempt: Or in Case of Debt or Trespass, the Officer without any offence of Law, may execute the same; for that the Officer is not to dispute the Authority of the Court.

3. Ecclesiastical Persons also may be Arrested, and that by a Warrant from the Justices of Peace in some Cases.

* 204.11XLIII. Dalt. 405. cap. 132. The Venire Facias is thus.

Carolus Dei Gratia Angliae, Scotiae, Franciae, & Hiberniae Rex, Fidei Defensoris, &c.

Vicecom' Com. Cantabr' salutem,

Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin Venire Facias A. B. de C. in dicto Com. tuo Yeoman, Coram R. M. Milite & M. D. Armiger' duobus Justiciar' nostris ad Pacem conservand' nec non ad diversas Felonias Transgr. & alia Malefacta in dicto Com. perpetrata audiend' & terminand' Assignatis apud Lynton in Com. tuo 1 die Maij proximum futurum ad re∣spondend' nobis super quibusdam Articulis super ipsum A. B. presentatis, & habeas ibi tunc hoc Preceptum.

Teste R. M. & M. D. apud Lynton.

* 205.12. The Distringas thus:

Carolus Dei Gratia &c.

Vicecom' &c. salutem.

Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin eam Ingrediaris & Distringas A. B. de C. in Com. tuo Yeoman, per omnia terras & tenementa &c. & quod de exitibus eorum respondeas &c. & quod Habeas Corpus ejus coram &c. Justiciar' &c. ad respondend' &c.

Teste &c.

* 206.1XLIV. Dalt. 404. cap. 132. The difference between Process and the Pre∣cept or Warrant of the Justices of the Peace, seems to be this, that the Precept or Warrant is only to Attach and Convent the Party before any In∣dictment

or Conviction, and may be made either in the Name of the King, or of the Justice, &c. Process is always in the Name of the King, and usually after an Endictment found, or after other Conviction.

XLV. 2 Inst. 591.* 206.2 Hereupon it appeareth that the common Warrant or Mittimus to answer to such things as shall be objected against him, is utter∣ly against Law, 4 Inst. 177. Lambert 187. supra. 12 Co. 103. su∣pra.

Proclamation,

see Notice, Process.

Proof.

Evidence, Examination, Witnesses, Testimony, Accusation.

I. LAmbert 210. 211.* 206.3 Every Justices of Peace before whom any Person Arrested for Manslaughter or Felony, or Suspition thereof, shall be brought ouhgt before he commit him to Prison; to take the Examinati∣on of such Prisoner, and the Information of those that bring him, and to put the same, or so much thereof as shall be material to prove the Felony in writing within two days after, and to take Bond of all such as do declare any thing material to prove the Offence to appear at the next general Goal-delivery, and to give Evidence there against the Offender, 2 & 3 Ph. & Mar. 10. § 2. N. 2. Dalt. 334. cap. 17. Proces 41. & infra. & Dalt. 295. cap. 111.

Lambert 213. 214.* 206.4 To this latter Opinion (of taking Informations or Examinations on Oath) I my self am ready to subscribe, as well because I have heard some Justices of Assize deliver their minds accordingly; as also for that I have found by Experience, that without such an Oath many In∣formers will speak coldly against a Felon before the face of the Justice, ha∣ving belike first made their Bargain with the Offender or his Friends, before that the Justice did hear of the cause, Crompt. 194. § 5. Dalt. 171. cap. 70.

2. The Bond spoke of in 2 & 3 Ph. & Mar. 10. § 2. N. 4. and in some others,* 206.5 seemeth to be meant of a Recognizance acknowledged unto the Kings use, conditioned to the performance of that which the Statute ap∣pointed, Crompt. 196. § 3.

3. For as in the Case of Surety of the Peace and good abearing,* 206.6 the Ju∣stice of the Peace takes usually a Recognizance, and is Warranted so to do, being made a Judge of Record as touching Matters of the Peace, though he hath no full words for it, either in any Statute, or in the Commission so being Authorized by 2 & 3 Ph. & Mar. 10. § 2. N. 1. to deal in this mat∣ter, he may be well said to have herein implied (by good congruence) a Power to Record the acknowledging of a Sum of Money forfeitable to the King, for not performing the Condition of the same, Dalt. 170. cap. 70.

III. Crompt. 102 b. pl. 26.* 206.7 If a Man gives Evidence to a Justice of a Felo∣ny against another, and will not be bound to give it at the Assizes, he shall be Committed by discretion, because the Statute 2 & 3 Ph. & Mar. 10. § 2. N. 4. saith, that he shall be bound to give it, 1 & 2 Ph. & Mar. 13.

* 206.8IV. Crompt. 167 b. The Justice of Peace who takes any Examination, touching plaints entred in the Courts of Sheriffs against 11 H. 7. 15. § N. and doth not certifie it in the Exchequer within a quarter of a year after, shall lose 40 s. for his default therein by the said Sta∣tute.

* 206.9V. Crompt. 197 b. pl. 25. A Coroner may take a Recognizance or Obli∣gation of such who give Evidence before him Super visum corporis, to prove him that Kill'd the Party Culpable, and bind them to ap∣pear before the Justices of Goal-delivery, 2 & 3 Ph. & Mar. 10. § 2. N. 4. &c.

* 206.10VI. Dalt. 55. cap. 20. If one shall bring a Man suspected of Felony be∣fore any Justice of Peace, but refuseth to be bound to give Evidence a∣gainst the Prisoner, either at the Goal-delivery or Quarter-Sessions as the case shall require, if such bringer hath given Evidence before the said Ju∣stice against the Prisoner, or can declare any thing material to prove the Felony, and will not be bound to give Evidence upon his Trial, the Ju∣stice of Peace upon his Discretion may commit to Prison such Person so re∣fusing, or may bind him to his Good-behaviour.

* 206.112. But if the bringer of a Person suspected of Felony, cannot declare any thing material to prove the Felony, nor any other Person then present, it seemeth the Justice ought not to commit the Prisoner; and so was the direction of Sir David Williams at the Assizes at Cambridge.

* 206.123. Yet the Justices shall do well to Examine the Prisoner, and if he shall confess the Felony, then to commit him; Or if upon his Examination there shall appear any just cause of suspition: Or if the Prisoner be a Man of E∣vil Fame, and that there be a Felony committed, in these cases the Justi∣ces shall do well not to let him go, but at least to bind him over to the next Goal-delivery, and in the mean time to take further Information against him.

* 206.13VII. Dalt. 49. cap. 20. Every Justice of Peace may and must take the Exa∣minations of all such Felons or Persons suspected of Felony as shall be brought before him 2 & 3 Ph. & Mar. 10.

2. And must take Information against them of those that bring them, scil. of the Fact and Circumstances of the Felony and Fact.

3. And must put in writing such Examinations and Informations, or so much thereof as shall be material to prove the Felony, and must certifie them to the next general Goal-delivery.

4. And after such Examination and Information taken, then the Justice must commit such Felons to the Goal, or may Bail them if they be Bailable; but then there must be two Justices together, and the one of them of the Quorum.

5. And must bind over by Recognizance the informers that do declare any thing material to prove the Felony, to appear, and to give Evidence a∣gainst the Felon at the next general Goal-delivery to be holden within the County, City, or Town Corporate where the Trial of the said Felony shall be.

6. And if such Informer be unable to Travel, &c. then the Justice of Peace may take his Information upon Oath, and may Certifie the same, &c. and may forbear to bind such Informer to appear personally before the Ju∣stices at the Goal-delivery.

7. It the Justice of Peace shall not Certifie such Examinations and In∣formations to the next general Goal-delivery; or if the Justices of Peace shall not Certifie their Bailment, or shall not bind over the Informers to ••ppear and to give Evidence against the Felon at the next general Goal-delivery,

&c. the said Justice of Peace shall be fined for every such default or Offence at the discretion of the Justices of Goal-delivery 1 & 2 Ph. & Mar. 13. § N. and 2 & 3 Ph. & Mar. 10.

8. But yet if it be for Petty Larceny, or other small Felonies, the Just••ce of Peace may bind over the Informers, and may Certifie the Exa∣minations and Informations to the next Quarter-Sessions of the Peace; and this was the Advice and Direction of Sir David Williams Knight late one of the Justices of the Kings Bench at the Assizes at Cambridge.

For said he, It was not meet to keep poor Prisoners in the Goal for small Matters or Felonies from one Assizes to another, and therefore he gave order that the Justices of Peace, at their General-Sessions of the Peace, should try and deliver Offenders for small Felonies, Dalt. 295. cap. 111.

VIII. Dalt. 52. cap. 20.* 206.14 But in the former Cases of Felony by the Kings Servant, on 3 H. 7. 24. § N. and Manslaughter within the Verge, &c. on 33 H. 8. 12. and of razing of Records by 8 H. 6. 12. &c. and of Forge∣ry on 5 Eliz. 14. and of Imbezelling Armor on 33 H. 6. 1. § N. If any such Offender shall be brought before any Justice of Peace, and charged with any such Felony, Quaere how far the Justice of Peace is to deal, or what he is to do therein, considering the Justices of Peace are no Judges of such Felonies, neither have they any Jurisdiction given them by the Sta∣tutes in such Cases.

And yet, 2.* 206.15 It may seem both serviceable and safe for the Justice of Peace to Examine the Offence, and then to Certifie his Examination to such Persons as by the Statutes are made Judges of the cause.

But, 3. It seemeth in the four last Cases, the Justice of Peace may not commit such an Offender to Prison, nor bind over the Informers, nor take the Information upon Oath.

IX. Dalt. 53. cap. 20.* 206.16 By the letter of 2 & 3 Ed. 6. 24. § N. the Juris∣diction over the last recited Felonies (of stealing goods or Strokes in a∣nother County, &c.) and over such Accessories is not committed to the Justices of Peace to Proceed to the Trial of them; but this Authority is remitted to the Justices of Goal-delivery, or of Oyer and Terminer; yet the Justices of Peace may Examine these Offences, and take Information against the Offenders, and Certifie the same to the next General Goal-delivery, and may bind over the Informers, and commit the Offen∣ders.

Also the Justices of Peace may enquire thereof, and take Indictments a∣gainst them, as in other cases of Felony.

X. Dalt. 54, cap. 20.* 206.17 And if any such Offender against &c. 5 Eliz. 1. or 13 Eliz. 2. or 23 Eliz. 1. of Bulls, Absolution, or Popery, &c. shall be brought before any Justice of Peace, and charged with any such Offence, it shall be the Justices part to take the Examination of such Offences, and to bind over the Accusers and material Informers to appear, and to prefer a Bill of Indictment, and thereupon to give in Evidence to the Inquirors against such Offenders at the next Quarter-Sessions, as it seemeth, or at the next Assizes or general Goal-delivery, or else in the Kings Bench, whensoever upon reasonable warning they shall be thither called, and then to commit the Offender to the Goal, and after to Certifie the said Ex∣aminations, Informations, and Recognizances by him taken to the said Sessions or Goal-delivery, or in B. R. &c.

XI. Dalt. 296. 297.* 206.18 The Justices of Peace have Authority by 1 & 2 Ph. & Mar. 13. § N. to bind by Recognizance all such as do declare any thing material to prove the Felony, to give Evidence against the Offender, and yet the Wife is not to be bound to give Evidence, nor to be Examined

against her Husband, for by the Laws of God, and of this Land, she ought not to discover his Counsel or his Offence in case of Theft or other Felony, as it seemeth, See Stanf. 26 b.

2. Nay, I have known the Judge of Assize greatly to disallow, that the Wife should be Examined or bound to give in any Evidence against o∣thers in case of Theft wherein her Husband was a Party and yet her Evi∣dence was pregnant and material to have proved the Felony against others that were Parties to the same Felony, and not directly against the Hus∣band, 1 Inst. 6 b.

* 206.193. But for Children, I find in the Book of the Discovery of Witches at Lancaster Assizes, Anno 1612. that the Son and Daughter of Elizabeth Deuice a Witch, were not only Examined by the Justices of Peace against their said Mother, and the said Examinations Certified, and openly read upon the Arraignment and Trial, but the Daughter also was comman∣ded, and did give open Evidence against her Mother, then Prisoner at the Barr.

4. I find further in the said Book 4. of the Discovery of Witches, that two Children, the one about Nine years of Age, the other of Fourteen, did upon their Oaths give Evidence against the Prisoners upon their Ar∣raignment. The like was done at Cambridge at Lent Assizes, Anno 1619. before Sir Henry Mountague Lord Chief Justice of B.R.

5. Accusation or Information by one that is unable to travel or decrepit, is good, and may be taken by the Justice of Peace upon Oath, and certified at the next general Goal-delivery or Sessions of the Peace, as the Case shall require.

6. If one be an Accuser upon his own knowledge, sight, or hearing, and he shall utter the same to another, that other may be an Accuser, Dyer 99. pl.

7. And note, That an Offender confessing any Felony upon Indictment or otherwise against himself, may also accuse others of the same Felony, and such Accusation may be taken by the Justice of the Peace, &c.

8. Two Inform against another in matter of Felony, and they vary in their Tales, (viz. in the Day and Place when and where the Felony was committed) such Information is not much to be credited. See the Story of Susanna.

9. He that is Examined, if part of that he speaketh be proved to be false, he is not to be credited in the residue of his Information, and therefore we shall find in 16 Ed. 4. That a man who was produced as a Witness in the Chancery, in his Deposition he was found to swear false in part, and there∣upon his Testimony was utterly rejected.

10. A man Attainted of Perjury, and the King pardons and restores him, &c. Quaere whether such a persons Information shall be allowed a∣against a Prisoner; for the Old saying is, Once forsworn and ever forsworn. But in the Case of the Lord Cestlemain B.R. in Trin. 32 Car. 2. Dangerfield was allowed to be a Witness in like Case; but the Credit of such an one is left to the Jury, on the Circumstances of the Trial that concur therewith; and thus also its intended in Dalt. 297. cap. 111. and Crompt. 127 b. Such who are Attaint at the King's Suit in Conspiracy, or of Forgery of false Deed, shall not be received to give Testimony, and that they must have the Record ready sub pede sigilli, if it be not resident in the same Court where any Challenge is made, 33 H. 6. 1.

11. But if one be brought before a Justice of Peace upon Suspition of Felony, although the Information against the Prisoner shall be by such Wit∣nesses, yet it seemeth safest for the Justices of Peace to take their Infor∣mation for the King, and to bind them over to give Evidence, &c. and to

commit the Party suspected, and upon the Trial to inform the Justices of Goal-delivery concerning the Credit of those Witnesses.

XII. Dalt. 297, 298. cap. 111.* 206.20 When a Prisoner shall be brought before the Justice of Peace for Felony, or Suspition thereof, but they that bring him, or first complained of him, will not or cannot inform any material thing against the Prisoner, yet it seemeth the Justice of Peace ought to Commit the Party suspected (after his Examination taken) and to bind o∣ver such as did first Accuse the Prisoner, or such as do bring him before the Justice, to give Evidence, &c. and if afterwards the said Justice shall hear of any other person that can inform any material thing against the Prisoner to prove the Felony whereof he is suspected, the said Justice may grant out his Warrant for such persons to come before him, and may also take their Information, &c. and may bind them to give in Evidence against the Prisoner; for every one shall be admitted to give Evidences for the King, Stanf. 163.

2. And it seemeth fit that the Parties grieved be bound not only to give in Evidence, but also to prefer a Bill of Indictment against the Prisoner,* 206.21 and the other persons may be bound to give in Evidence only.

3. And for that men should be the readier and more willing to give Evi∣dence against Felons, 21 H. 8. 11. N. hath enacted,* 206.22 That if any man hath any Goods stoln from him, if the Felon be thereof Indicted, and af∣ter in any sort Attainted or Arraigned, and thereof found Guilty by rea∣son of Evidence given by the Party robbed, or Owner of the same Goods, or by any other by his procurement, then the Party robbed, or the Owner of the Goods shall be restored to his said Goods, though he never made any fresh Suit, or Hue and Cry, before which Statute, 21 H. 8. 11. the Party rob'd could have no Restitution without suing of an Appeal against a Felon, and fresh Suit made.

XIII. Crompt. 194.

Promoters,

see Information.

Prophecying,

see Conjuration.

Property,

see Chattels.

Pursuit,

see Fresh Suit.

Putting out of Eyes,

see Trespass.

Purveyors.

Carriage.

I. LAmbert 417, 418. Enquiry in Sessions if any Purveyor for the Kings Majesties House, or his Undertaker, Deputy, or Servant have made any Purveyance without Warrant, and have carried any thing away against the consent of the Owner, being above 12 d. in value, 28 Ed. 3. St. 3. cap. 2. Artic. super Chartas 18 Ed. 2. cap. ult. pag. 85. & 5 Ed. 3. cap. 2. & 2 & 3 Ph. & Mar. 6. 12 Car. 2. 24. § 12. N. 1. Crompt. 48.

2. If any Purveyor of the King, or his Undertaker, Deputy, or Ser∣vant, have taken any Carriage in any other manner than is contained in his Commission, 36 Ed. 3. 2. Crompt. 48.

3. Or have made Purveyance without the Testimony and Appraisment of the Constable, and four honest men of the Town, and without deliver∣ing Tallies or Indentures under his Seal testifying his Purveyances, the Goods being above 12 d. in value, 5 Ed. 3. 2. Crompt. 48 b. 25 Ed. 3. St. 4. cap. 1.

4. Or hath taken any Sheep with their Wools between Easter and Mid∣somer at small prices, and carried them to his own House and shorn them, Crompt. 48. 25 Ed. 3. St. 4 cap. 15.

Quaere if the Felony of Purveyors made 36 Ed. 3. 6. § N. be not ••l∣tered by 23 H. 6. 14. § N. Crompt. 48 a. 12 Car. 2. 24. § 13. N. 1.

II. Crompt. 48 b. Also you shall enquire that where 36 Ed. 3. 5. §. 1. N. 3. it is ordained that none of the King's Houshold, being Purveyor or Fore∣goer to make Purveyance, nor take for any of the Houshold, but that they buy that which they need of those that will sell of their own accord; and if they do in other manner its Felony, 12 Car. 2. 24. § 13. N. 1.

III. Crompt. 48 b. The Warrant of a Purveyor shall be under the Great Seal by 36 Ed. 3. 2.

And by 11 H. 4. 28. he must have a Commission.

IV. Lambert 476. The Statutes 36 Ed. 3. 2. 3. & 4. shall be proclaim∣ed by the Justices of Peace every year (openly at any Sessions of the Peace) and thereof to inform the People, 23 H. 6. 2.

V. Lambert 432, 433. Enquiry in Sessions if any Purveyor of the Kings Majesty have taken any thing of the value of 40 s. or under, without ready payment thereof, made 20 H. 6. 8.

2. If any Constable or Borsholder have not upon request made, assisted the Owners to resist the Purveyors so taking: And if any of the King's Officers have procured any to be Arrested or Vexed for such Resistance, 23 H. 6. 2.

3. If any Purveyor of Timber have felled, for the King's use, any Oa∣ken Timber-tree meet to be barked, but only in barking time, other than Trees for building or repair of the Kings Houses or Ships: Or have taken any profit by the Lops, Tops, or Bark of any Trees taken by him: Or have taken from the Owner any more of any Tree than only the Timber of the same Tree, 1 Jac. 22. § 21. N. 1.

4. If any Purveyor have taken any thing of any man to the end to spare him, or have taken Corn by any other Measure than by the stricken Bushel, or by any more than eight such Bushels to the Quarter: Or have taken Carriage therefore without making ready payment, 25 Ed. 3. St. 4. cap. 1. & 36 Ed. 3. 3. & 1 H. 5. 10. 12 Car. 2. 24. § 13. N. 1.

5. Of Purveyors within five Miles of Oxford or Cambridge, See 2 & 3 Ph. & Mar. 15. § 2. N. 1. 13 Eliz. 21. § 3. N. 1. & 39. Eliz. 18.

VI. Crompt. 155 b. Nor Purveyors of Noble Persons shall not be bailed, who offend against 23 H. 8. 14. § N. touching taking of Victuals against the good will of the Subject.

2. Nor Takers nor Purveyors of Victuals or Grain in the Vills of Ox∣ford or Cambridge, or within five Leagues thereof, against 2 & 3 Phil. & Mar. 15. 13 Eliz. 21.

VII. Lamberts Precedents 13 b. pl. 35. A Presentment for unlawful Purveyance.

Kanc. ss.

Juratores pro Dom. Rege super Sacramet' suum present' qd' primo die Julij An. Regni dict•• Dom. nostri Jacobi, Dei ratia Angliae, Franciae, & Hiberniae Regis, Fidei Defens. &c. Quidam H.W. nuper de G. in dicto Com. Tipler apud C. in Com. predict' prae se ferens & asserens se esse unum ex pro∣visoribus & emptoribus Hospitij dicti Domini Reg••s dicto primo die Anno

supradicto (Quo quidem tempore nullum ostendit aut secum habuit War∣rantum sub magno aut parvo sigillo dicti Domini Regis apud C. predict' in Com. predict' tres Oves Castratas Anglicè vocatas Weathers pretij xx solid' de Bonis & Catallis J.S. de C. predict' in dicto Com. Yeoman tunc ibidem exi∣stentes inventas sub colore Purveyanciae pro dicto Hospitio Illegitimè ac Fe∣lonicè cepit & abduxit contra Pacem dicti Domini Regis ac contra formam diversorum Statutorum in hujusmodi casu provisorum & editorum.

West. Symb. 2 part. 122. Sect. 171.

VIII. Kilb. Precedents 100. 101. A Mittimus for one that doth impress or take away any Cart, or other thing from the Owner, under pretence of Power from the Green-Cloth, for Carriage of his Majesties Provisions, not having lawful Authority to do the same, 12 Car. 2. § 13. N. 1.

To the Constables and Borsholders of the Hundred of A. in the said County and to the Keeper of his Majesties Goal at C. in the County aforesaid.

Kent ss.

For as much as it hath been made appear unto me upon the com∣plaint of A.B. of &c. in the County aforesaid, that C. D. of E. hath Im∣pressed a Cart for Carriage of his Majesties provisions, without consent of the Owner, on pretence or colour of a Warrant from the Green-Cloth, contra∣ry to the Intent of the Statute in that case made and provided, These are therefore in his Majesties Name, at the request of the said A. B. to will and require you the said Constables and Borsholders and every of you, that you, some, or one of you, do take the said C. D. and him deliver to the said Keeper of the Goal aforesaid, together with this Precept, Requi∣ring and commanding also you the said Keeper, to receive the said C. D. into the Goal aforesaid, and him there safely to keep untill the next Sessions, and thereof neither you, nor any of you, are to fail at your Peril;

given under my Hand and Seal the Second day of May Anno 31. Car. 2. &c.

IX. Kilb. Precedents 101. A Warrant for providing Carriages by two Justices, An 13 Car. 2. 8. § 2. N. 1.

To the Constable and Borsholders of the Hundred of C. in the said County, and to every of them.

Kent ss.

Whereas we have by Warrant from the Green-Cloth received notice to provide Carts and Carriages from the places adjacent, for the present Service of his Majesty, according to the form of the Statute in that Case made and provided, these are therefore in his Majesties Name to will and require you, and every of you, that you, some or one of you, do cause four sufficient Carriages within the said Hundred, each Carriage to consist of four able Horses, or six Oxen, or four Oxen and two Horses, to be and attend for the Service aforesaid at B. in the said County, upon the first of April next ensuing, at Eight of the Clock in the Forenoon of the same day. Hereof fail not at your Perils.

Given under our Hands and Seals, &c.

X. Kilb. Precedents. A Warrant to levy the Penalty for not appearing with Carriages for the King upon notice, on 13 Car. 2. 8. § 2. N. 2.

To the Constable and Borsholders of the Hundred of A. in the said County and to every of them.

Kent ss.

For as much as it hath been duely proved before us (viz. two Justices by the Oath of the Officer or two other Credible Witnesses) that A.B. of C. of the said County, was by you, some, or one of you, required to be and attend for his Majesties Service, according to the form of the Statute in that case made and provided, with one Carriage, consisting as by the said Act is required, at and in the County aforesaid, upon the second day of May, at seven of the Clock of the same day, and that the said A. B. did make default therein, contrary to the form of the Sta∣tute aforesaid, these are therefore in his Majesties name to will and require you, and every of you, that you, some, or one of you, do by Distress and sale of the Goods and Chattels of the said A. B. levy to his Majesties use Forty shillings by the said A.B. forfeited to his said Majesties use for the Offence aforesaid, rendring to the said A. B. the Overplus upon such Sale, if there be any. Hereof fail not at your Perils.

Given undet our hands and Seals the Day of, &c.

XI. Kilb. Presedents 103. A Warrant for Rates for lodging and horse∣meet on 13 Car. 2. 8. § 4. N. 1.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Whereas we have received Notice from the Green-Cloth that his Majesty will shortly pass through the Road in this County, leading be∣tween B. and C. we therefore according to the form of the Statute in that Case made and provided, do set down and appoint the Rates and Prices to be paid, during his Majesties abode within this division, for Hay, Oats, and other Accommodations for Horses, as is here under written, which Rates are to be observed, and kept, and obeyed by all Persons concerned at their Perils: And we do will and require you, and every of you that you, some, or one of you, do in the Market Town within the said Hun∣dred, on the Market-day now next ensuing, cause to be proclaimed the Rates aforesaid: As also, that you do in like manner cause to be proclaim∣ed the Rates aforesaid in all the Towns and Villages within the said Hun∣dred, within &c. days now next ensuing, to the end that notice may be taken of the same Rates and Prices. Hereof fail not at your Perils.

Given under our Hands and Seals the day of, &c.

For a Bushel of Oats, &c.

And so ratable for every greater or lesser Quantity, &c.

XII. Kilb. Precedents 104. A Warrant for levying the Penalty forfeited for not observing the Rates aforesaid, on 13 Car. 28. § 5. N. 2.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as it hath been duly proved before me, that A. B. of C. in the said County Inn-keeper hath taken of C.D. Yeoman of the Gards, more for his Lodging, &c. During his Majesties late abode within this Division, than by the Justices of Peace of this County was, according to the form of the Statute in that case made and Provided, set down, and ap∣pointed, contrary to the form of the Statute aforesaid, these are there∣fore

in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy to the use of the said C. D. by Di∣stress and Sale of the Goods and Chattels of the said A. B. 40 s. by him forfeited to the said C. D. for the Offence aforesaid, returning the Overplus to the said A. B. the Charge of the Distraining being first deducted; hereof fail not at your Perils,

Given under my hand and Seal the day of, &c.

XIII. Kilb. Precedents 105. A Warrant for providing of Carriages for the Kings use, on 13. & 14. Car. 2. 20. § 1. N. 2.

To the Constable and Borshoulders of the Hundred of A in the said County, and to every of them.

Kent ss.

Whereas we have received Notice in writing by Warrant un∣der the Hands and Seals of A. and B. (two Justices by Warrant of the L. High Admiral, or two more of the Principal Officers or Commissioners of his Majesties Navy, or Master of his Ordnance, or Lieutenants of his Ma∣jesties Ordnance,) for providing of Carriages for the Service of his Ma∣jesties Navy (or Ordnance) These are therefore in his Majesties Name to require you, and every of you, that you, some, or one of you, do cause to be sent to A. Ten Carriages on the Second day of May next, furnished with Horses or Oxen sufficient for the said Service hereof; fail not at your Peril.

Given under our Hands and Seals the day of &c.

XIV. Kilb. Precedents 106. Another Warrant against him who refu∣seth to provide Carriages on 13 & 14 Car. 2. 20. § 3. N. 1.

To the Constable and Borshoulder of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as it hath been duly proved before us that B. C. ha∣ving had reasonable Notice to bring one Carriage to T. upon the first day of May last, for the service of his Majesties Navy (or Ordnance) according to the form of the Statute in that behalf lately made, hath wilfully neg∣lected so to do, by which he hath forfeited 20 s. to the Kings Majesties use, These are therefore in his Majesties Name to require you, and every of you, that you, some, or one of you, do demand of the said B. C. to his Majesties use the aforesaid 20 s. and in default of Payment upon demand, that then you, some, or one of you, do forthwith levy the aforesaid 20 s. to the use aforesaid, by distress and Sale of the Goods and Chattels of the said B. C. rendring to him the overplus upon such Sale, if there shall be any, the Charge of Distraining being first deducted; hereof fail not at your Peril.

Given under our Hands and Seals the day of &c.

Quakers,

see Religion.

Quarrelling,

see Affray.

Quarter-Sessions,

see Justices.

Quorum,

see Justices.

Ransome,

see Amerciament.

Rape and Ravishment,

see Coron, Women.

Razure,

see Records.

Rates,

see Taxes, Poor.

Rebellion,

see Riot, War, Treason.

Recognizance.

Obligation, Sureties, Condition, Release, Certiorari, Pardon.

* 214.1I. LAmbert 101, 102. A Justice of Peace, saith Mr. Marrow, may take this Surety of the Peace by a Gage or Pledge which shall not be forfeited thereby, but pawned only; so that the Party shall under a certain pain keep the Peace, which pawn he shall forfeit if he break the Peace, Dalt. 171. cap. 69.

* 214.22. And by Marrows Opinion a Justice of the Peace may also take this Surety by an Obligation made to himself, by the Name of Justice of Peace; for so shall it be (saith he) ad usum Domini Regis.

But if it were made unto him, without his name of Justice of the Peace, then it could not be to the use of the King, unless it had the words ad usum Domini Regis.

* 214.33. F. N. B. 82. D. on the other side holdeth that such an Obligation, ta∣ken to the King by a Justice of Peace is nothing worth; for a man cannot be bound to the King, saith he, but only by matter of Record, unless he will afterwards come into a Court of Record, and confess it to be his Deed, and pray that it may be enrolled there, 9 Ed. 4. 31. Dalt. 171. cap. 70.

* 214.44. But the new Statute 33 H. 8. 39. § 52. (2.) N. 2. hath made a plain Law in these Cases, and willeth that all Obligations and Specialties made for any cause touching the King, shall be made in his own name by the words Domino Regi, and to none other Person to his use; and 33 H. 8. 39. § 52. (2.) N. 3. ordaineth further, That such Bonds shall be of the nature of a Statute Staple, and that if any person take any Obligation otherwise, he shall be imprisoned at the Pleasure of the King, or of his Honourable Council.

5. The safest way therefore is to take his Surety by Recognizance, as is commonly used, and that also by the words Domino Regi, and then upon the forfeiture thereof the King shall have Execution accordingly.

II. Lambert 103, 104.* 214.5 Now if a Recognizance be meant to be taken for the Peace by a Justice of the Peace, and yet do not contain within it, or in the Condition thereof, that it was taken for the keeping of the Peace, it seemeth to be void, as being taken Coram non Judice, because a Justice of Peace hath not the power to take Recognizances generally, but for mat∣ters concerning his Office specially, Dalt. 171. cap. 70.

2. And therefore Mr. Marrow addeth further, That if the Recogni∣zance be that the Recognizor shall not maim nor beat A. yet it is not good, because it ought to be for the keeping of the Peace, and that may be bro∣ken otherwise, as by burning of the House of A. or by such like Misdemeanor, Dalt. 171. cap. 70.

3.* 214.6 Although this Recognizance do not comprehend any time of Appear∣ance, but be generally to keep the Peace, yet it is good in Law, saith Mr. Marrow, because the chief scope is the keeping of the Peace, and the time is referred to the Discretion of the Justice, Dalt. 172. cap. 70.

4. But as it was moved, 2 H. 7. 1. pl.* 214.7 Whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum, that the Par∣ty might be called upon it: So by the Statute 3 H. 7. 1. § 1. N. 26. it is plain∣ly Enacted, That every Recognizance taken for the Peace shall be certified at the next Sessions of the Peace, that the Party may thereupon be called, and his default, if any happen, may be Recorded, whereby it seemeth that every Recognizance of the Peace ought not to contain the Appearance of the Party at the next Sessions, Dalt. 172. cap. 70.

5. And otherwise there may be some Mischief; for if the Party shall not so appear, he is at liberty, without a new Arrest, and not forth co∣ming, to be bound over if he be so required.

6. And by Mr. Marrow, if the Recognizance contain a duty of Appear∣ance, and yet have no person named before whom the Party so bounden shall appear, then may he appear where he will before the Justice of Peace which took the Recognizance of him, Dalt. 172. cap. 70.

7. Again, If the form of the Recognizance be in 20 l. to be levied only of the Goods, or only of the Lands of the Recognizor, it seemeth to be good enough; for peradventure the words (of the Goods only) or (Lands only) shall be taken to be void, seeing that the very acknowledgment of the sum of 20 l. before a Judge enabled to take it, both maketh it a Debt and implyeth the ordinary mean of Law to come unto it. Dalt. 172. cap. 70.

8. So if this Recognizance be taken to keep the Peace against one speci∣al Party only, Mr. Marrow thinketh it good, but advise well of it; for the words in the Commission of the Peace now be, to take Sureties Erga nos, & Populum nostrum, Dalt. 172. cap. 70.

III. Lambert 105, 106. I wish the Justice to go via Regia,* 214.8 following the received form, Which I take to be thus:

Kanc. ss.

Memorand' quod quarto die Julij Anno Regni Domini nostri Jacobi Dei gratia &c. R. P. de E. in Comitatu predict' Yeoman in propria perso∣na sua venit coram me J. L. Milite, uno Justiciariorum dicti Domini Regis ad Pacem in dicto Comitatu conservand' Assignat' & assumpsit pro seipso sub poena viginti librarum, & J. H. de L. in Comitatu predict' Yeoman, & J. F. de M. in eodem Comitatu Husbandman, tunc & ibidem in proprijs personis suis similiter venerunt & manuceperunt pro predict' R.P. videlicet, Quilibet eorum separatim sub poena C. solid' quod Idem R. P. personaliter compa∣rebit coram Justiciarijs dicti Domini Regis ad Pacem ad proximam genera∣lem Sessionem Pacis in Comitatu predicto ad faciendum & recipiendum qd' ei per curiam tunc & ibidem injungetur & quod ipse interim Pacem dicti

Domini Regis custodiat, Erga ipsum Dominum Regem & cunctum popu∣lum suum & precipuè versus M. N. de Ightham predict' Yeoman, & quod Damnum vel Malum aliquod Corporale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in Laesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat Quovismodo non faciet nec fieri procurabit. Quam quidem summam 20 libr. predict' R.P. & quilibet manu∣capt' predictorum predictas seperales summas C. solid' Recognoverunt se debere dicto Domino Regi de terris & tenementis Bonis & Catallis suis Quorumlibet & cujuslibet eorum ad opus dicti Domini Regis heredum & successorum suorum fieri & levari ad quorumcunque manus devenerit si con∣tigerit Ipsum R. P. premissa vel eorum aliquid in aliquo infringere & inde legitimo modo convinci.

In cujus rei testimonium, Ego predict' J. L. Sigil∣lum meum apposui. Dat' &c.

Kilb. Precedents 191.

2. Or thus a little different in Form:

Kanc. ss.

Memorand' quod quarto die &c. A. B. de Ightham &c. & C. D. de eadem Yeoman, venerunt coram me J. F. &c. & manuceperunt pro J. S. nuper de L. & C. quod ipse personaliter comparebit coram me prefat' J. F. vel socijs meis Justiciarijs Pacis Domini Regis ad proximam generalem Sessionem, &c. & quod ipse interim geret Pacem erga cunctum populum Domini Regis & precipuè erga B. B. &c. videlicet quilibet manucapt' predict' sub poena xx libr. & predict' J. S. Assumpsit pro seipso sub poena xl libr. quam quidem summam xl libr. predict' J. S. & quilibet manucapt' predictorum dictam summam xx libr. Recognoverunt &c.

3. And this may well be done also by a single Recognizance in Latin, with a Condition added or endorsed in English for the keeping of the Peace, and for the day and place of the Appearance at the Quarter Ses∣sions.

* 216.1IV. Lambert 107, 108, 109. If the Surety were taken by vertue of a Supplicavit, then must the Justice of Peace, being in this Case but a Mini∣ster, make retorn of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed, &c.

2. First let him note on the back of the Supplicavit thus:

Executio istius brevis patet in quadam Schedula eidem brevi annexa, Dalt. 173. cap. 70.

Then may the Schedule be thus:

Ego T. F. Miles, unus Custodum Pacis Domini Regis in Comitatu K. Certifico in Cancellariam dicti Domini Regis me virtute istius brevis mihi per A. B. in eodem brevi nominatum primo deliberati personaliter coram me (die & loco &c.) venire fecisse T. R. in dicto brevi nominatum ac eun∣dem T. ad sufficientem securitatem & manucaptores pacis inveniend' secun∣dum formam dicti brevis, videlicet, &c. (as the Writ which is of divers forms shall appoint) Compulisse. In cujus rei testimonium hujus presenti Certifica∣tioni meae Sigillum meum apposui. Datum apud D. predict' in Com' predict' 25 die Februarij Anno Regni &c.

3. And if a Certiorari be directed out of the Chancery to the Justice of Peace for removing this Recognizance, because it was not sent up together with the Certificate (as there was no necessity that it should) then that Writ also may be thus answered.

Upon the back of the Writ thus:

Virtute istius brevis Ego P. H. unus Custodum Pacis Domini Regis in Com. K. tenorem securitatis Pacis (unde infra fit mentio) dicto Domino

Regi in Cancellariam suam sub Sigillo meo distinctè & apertè mitto prout patet in Schedula huic brevi consuta.

The which Schedule may be thus:

Memorand' quod xx die Junij (reciting the whole Recognizance to the end) then in Cujus rei testimonium Ego predict' P. H. Sigillum meum ap∣posui. Dat' &c.

4. And this form may serve also where a Certiorari is brought to a Ju∣stice of Peace, to remove a Recognizance of the Peace that was taken by him, ex officio, without any such Writ of Supplicavit, as Register 90.

5. But if the Recognizance be not thus removed from the Justices of Peace, then may he keep it till the Certiorari come to him for it, Infra.

6. On the other side, if the Recognizance were taken by vertue of his Office, then whether it were by his own Discretion, or at the Suit and de∣sire of another, he must send or bring it in at the next Sessions to the Custos Rotulorum, so that the Recognizance may be there called; and if he makes default then the same default to be Recorded, as is appointed by the said Statute, 3 H. 7. 1. § 1. N. 27. Dalt. 173. cap. 70.

7. And although the Party that prayed the Peace, do not then appear at those Sessions, yet is not the default of the Recognizor discharged thereby, 39 H. 6. 26. Surety Br. 10. and the Justices may then of Discretion bind him over, which also they ordinarily do in some places for two or three Sessions together, by order amongst themselves, Dalt. 174 cap. 71.

V. Lambert 110. 111. 112.* 216.2 The Justice of Peace that of his own motion compelleth one to give surety of the Peace untill a certain day, may by like discretion before that day release it, Fitzh. 10. Dalt. 175. cap. 71. Crompt. 139 b.

2. And if it should fortune to be made to keep the peace general, with∣out any day limited, then would it be construed that it was to continue du∣ring the life of the Party bound, and then could no Man release it, by Fitzh. and 21. Ed. 4. 40.

3. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only, and none other, then may A. release it either be∣fore the same Justice or any other that will Certifie the Release, which Certificate being of Record will discharge it, but to Release it by his deed is nothing worth, by Marrow, Dalt. 176. cap. 71.

4. And so if it be Versus cunctum populum & precipuè versus A. yet may A. after that sort Release it, as the Law is now practised in our time, Clean against the Opinion of 21 Ed. 4. 40. for albeit that it seem popular, so that all others should have equal Interest with A. in it, yet was it taken specially, say they, for his safety, as the word precipuè doth argue plain, and Peace Br. 17. truly saith, That it was used at that time also, Dalt. 176. cap. 71.

5. But since the Recognizance is made to the King, and not to the Par∣ty, though for his Security; and seeing also, that by such Release he that ought to remain Bounden shall be at liberty, and may do harm while in∣tending to Beat B. he may collude with A. both to pray and Par∣don the Recognizance of the Peace, I could for my part like better to maintain that old, than to Imitate this new Opinion, Dalt. 177. cap. 71.

6. And now whether the Recognizance be at the Suit of A. or by the meer motion of the Justices in the behalf of A. the King cannot Release or Pardon it before that it be forfeited, both for the mischief that may come to A. thereby, by Fineux Opinion, 11 H. 7. 12.

And for that the Recognizance being taken according to the common form, as is before set down, it is not properly a Debt to the King un∣till it be forfeited, as appeareth 11 H. 4. 43. & 1 H. 7. 19.

But being once forfeited, then he, and none other, may Pardon the forfeiture, for then it is become a Proper Debt unto him.

* 216.37. Now in these Cases, the Recognizance may not be cancelled, lest per∣adventure the Peace was broken, and consequently the Recognizance for∣feited before the time of the Relase made, Fitzh. 10. Dalt 176. cap. 71.

And therefore it shall be the best in such Cases to send to the Sessions the Recognizance and the Release together, and that may be done in a few Lines under the Recognizance it self, Dalt. 173. 174. cap. 70. in∣fra.

8. First, for the Release of the Justice thus,

Ego prefat. T. W. Miles, Qui supra nominatum A. B. ad predictam secu∣ritatem pacis inveniend' ex mea discretione compuli eandem securitatem pa∣cis, quantum in me est ex mea discretione 1 Die Aug. &c. remisi & re∣laxavi. In cujus rei testimonium huic presenti relaxationi meae Sigillum me∣um apposui. Dat. &c.

And for the Release of the Peace before the same Justice that took it, thus:

Memorand' quod 1. Die Aug. &c. prefatus C. D. venit coram me S. L. & gratis remisit & relaxavit, quantum in se est predictam securitatem pa∣cis per ipsum coram me versus supra nominatum A. B. petitam. In cujus rei testimonium Ego prefat. S. L. &c. Dat. &c.

But If the Release be made, as some think, it may before another Ju∣stice, which hath not the Recognizance, then this latter form must be framed accordingly, Dalt. 176. cap. 71.

* 216.4VI. Lamb. 112. 113. 114. Furthermore if a Man be bound before a Justice of Peace to keep the Peace against all the Kings People, and to appear at the next Quarter-Sessions, and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People for ever, this will Discharge his Appearance at the Sessions, because the granting this Supersedeas is the Act of the King, which is the Fountain of Justice, and controlleth all other derivative Authorities, Fitz. 9. Dalt. 169. cap. 69.

2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only, untill a certain day, which day is after those Sessions, then Mr. Fitzh. thinketh that his appearance at the Sessions shall not be Dis∣charged by the Supersedeas.

3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas, if it come to his hands; for peradventure the Recognizance was broken before the Supersedeas pur∣chased, or if it were not, yet he shall be Excused, and the Recognizor never a whit the more Endangered thereby.

4. Lastly the Death of the King dischargeth the Recognizance of the Peace, 1 H. 7. 2. per Curiam; so doth the Death of the Recognizor;* 216.5 and so also doth the Death of him at whose Suit it was taken, if so be that it were made to keep the Peace against him alone, Dalt. 177. cap. 71.

5. But although the mainpernors or Sureties dye, yet the Recogni∣zance liveth; for if the Peace be broken after their deaths, their Executors shall be charged with it, 21. Ed. 4. 40. Dalt. 177. cap. 71.

6. Neither in the former Cases is the Recognizance discharged by such death, if it were forfeited before, Dalt. 177. cap. 71.

7. And therefore here again my Counsel is to send in the Recognizance to the Custos Rotulorum, for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown un∣to him.

VII. Lambert 114. 115. The Condition of this Recognizance,* 216.6 of what good form soever you make it, standeth upon two points, 1. For ap∣pearance at the time; 2. For keeping the Peace in the mean while, &c. As to the latter, this is general, that whatsoever act is a breach of the Peace, the doing thereof doth also beget a forfeiture of the Recognizance that is made for the keeping of the Peace, &c.

2. If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him, he hath forfeited his Recog∣nizance; Dalt. 177. cap. 72.

3. And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him, as appeareth in divers Book Cases 33 H. 6. 18. 37. H. 6. 20. 〈1 span left blank〉〈1 span left blank〉 &c. and shall suppose it to be contra pa∣cem.

4. But otherwise it is if A. be not present at that threatning, by good Opinion, 18. Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him, and then he afterwards lye in wait to beat him, he hath in that Case also broken his Recognizance, 22 Ed. 4. 35 b. per Curi∣am.

5. Like forfeiture is it if he that is bound do but command or procure a∣nother to break the Peace upon any Man, or to do any other unlawful Act against the Peace, if that it be done indeed 7 H. 4. 34 a. temps H. 8. Peace Br. 20.

VIII. Lambert 122. 123. the usual Recognizance of the good behaviour hath this form; Kilb. Precedents 192.* 216.7

Kanc. ss.

Memorand' quod quinto die Mensis Julij Anno Regni &c. venit coram nobis H. P. Miles, & S. L. Armigero &c. Justiciar' Dom. Regis ad Pacem nunc &c. R. de E. in Com. predict' Yeoman in propria persona sua & as∣sumpsit pro seipso sub poena CC libr. & H. C. de L. in Com. predict. Yeoman, & J. S. de M. in eodem Comitatu Husbandman, tunc & ibidem in proprijs personis suis similiter venerunt & manuceperunt pro predict R.G. viz. Qui∣libet eorum seperatim sub paena C libr. quod Idem R. G. personaliter com∣parebit coram Justiciarijs dicti Domini Regis ad Pacem, &c. ad proximam generalem Sessionem, &c. & quod ipse interim se bene gerit erga Domi∣num Regem & cunctum populum suum & precipuè erga J. B. de C. &c. & quod ipse non inferret ne inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J.B. seu alicui de populo Ipsius Domini Re∣gis de Corporibus suis per insidias insultus seu aliquo alio modo quod in laesi∣sionem seu parturbationem pacis dicti Domini Regis cedere valeat quovis∣modo, quas quidem separales summas C libr. uterque predictorum H. C. & J. S. ut predicitut pro se ac predictus R.G. dictas CC libr. recognoverunt se debere dicto Domino Regi de terris & tenementis Bonis & Catallis suis &

quorumlibet & cujuslibet eorum ad opus ipsius dicti Domini Regis fieri & levari si contingat prefatum R.G. in aliquo praemissorum deficere & inde legitimo modo convinci, &c.

Dalt. 370. cap. 123.

2. Or by a simple Recognizance with this Condition endorsed or under∣written.

Conditio recognitionis predict. talis est, quod si predict. R.G. imposterum se bene geret & pacem Domini Regis conservabit erga dictum Dominum Regem & cunctum populum suum & nullum Damnum Corporale, &c. extunc Recognitio predicta pro nullo teneatur, alioquin in suo robore per∣maneat.

* 217.13. I have known it doubted whither the Surety of the good abearing commanded upon complaint may be released by any special Person or no; because it seemeth more popular than the Surety of the Peace.

But if it may, then may the form of such a Release be easily made by that of the Peace, Supra. using the words Securitatem de se bene gerendo in stead of the words Securitatem pacis.

* 217.2IX. Lambert 213, 214, 215. The Bond spoken of in this Stat. 2 & 3 Ph. & Mar. 10. § 2. N. 4. & 1 & 2. Ph. & Mar. 13. § 5. N. 2. and in some othes, seemeth to be meant of a Recognizance acknowledged unto the Kings use, and conditioned for the performance of that which the Statute appointeth, Crompt. 196. § 3.

* 217.32. The Party therefore that Informeth against the Prisoner for Felony, may be thus bound in a single Recognizance.

Ks. ss.

Memorand' quod tertio Die Aprilis Anno Regni Domini nostri Jacobi Dei Gratia, &c. D. E. de B. in Com. Predict. Yeoman, personali∣ter coram me T. S. uno Justiciariorum &c. ad Pacem &c. Assignatorum constitutus apud B. predict. Recognovit se debere dicto Domino Regi X libr. bonae & legalis monetae Angliae de bonis & catallis terris & tenementis suis fieri & levari ad opus dicti Domini Regis heredum & Successorum suorum si defecerit in conditione indorsata.

And with such a Condition.

The Condition of this Recognizance is such, whereas one A. B. late of G. Laborer, was this presant day brought before the said Justice by the above bound D. E. and was by him charged with the Felonious taking of twenty Sheep of him the said D, and thereupon was sent by the said Justice to the Kings Majesties Goal: If therefore he the said D. shall and will at the next General Goal-delivery, to be holden in the said County, prefer, or cause to be framed and preferred one Bill of Endictment of the said Felo∣ny against the said A. B. and shall and will then also give Evidence there concerning the same, as well to the Jurors that shall then enquire of the said Felony, as also to them that shall pass upon the Tryal of the said A.B. that then, &c. or else &c.

* 218.1X. Lambert 12, 13. The Lord Chancellor or Lord Keeper of the Great Seal, the Lord Steward of England, the Lord Marshal and Constable of England, and every Justice of B. R. have closed in their Offices a Credit for conservation of the Peace over all the Realm, and may award Precepts, and take Recognizances for the Peace, by Marrow and Fitzherbert, and by good Opinion the Lord Treasurer of England may well be added to the same number, Dalt. 1. 2. cap. 1.

2. The Master of the Rolls also, by the Judgment of Mr. Marrow, is a general Conservator of the Peace by his Office, but he maketh process, and taketh Recognizance thereupon, not as incident to his Office, but by Prescription, Dalt. 2. cap. 1.

3. The Justices of C. B. and Barons of the Eschequer be Conservators within special places only, that is to say, within the Precincts of their se∣veral Courts; so also the Justices of Assize may Award a Man to Prison that breaketh the Peace in their presence, and they may command the keeping of the Peace under a pain, and that Weapons be taken from the Jurors or Witnesses that appear before them, if any complaint be thereupon made; but as they be meerly Justices of Assize, they can neither take Surety of the Peace nor Award any Process for it, by Marrow, Dalt. 2. cap. 1.

4. The Justices of Goal-delivery may take Surety for the Peace of a Pri∣soner before them that was committed for not finding Surety of the Peace, by Marrow.

5. The Coronors, saith Britton, 3. be principal Conservators of the Peace within their Counties, and every Sheriff is a Conservator of the Peace within his County, as Judge Fineux affirmed, 12 H. 7. 17. and after him F. N. B. 81. D. where he saith, that the Sheriff may upon request made and without any Writ sent unto him, command a Man to find Surety of the Peace by Recognizance, Crompt. 196 b. Infra. Dalt. 3 c. 1.

6. The Steward of the Marshalsey may take Surety of the Peace by Re∣cognizance also within the Verge by Prescription, Dalt. 2. cap. 1.

And the Constable and Marshall of the Kings House may see to the Conservation of the Peace within the same House, by Marrow.

7. The Steward of the Sheriffs Turn, the Steward in a Leet, or the Stew∣ard in a Court of Pypowders, cannot grant Surety of the Peace, unless it be by Prescription, Dalt. 2. cap. 1.

XI. Kilb. Precedents 190.* 218.2 A Recognizance to appear and Answer for Felony.

Memorand' quod 20 die Maij Anno Regni Domini Caroli Secundi, &c. R. C. de L. Generos. E. C. de L. predict. Generos. J. B. de eodem Gen. & M. C. de Eodem Yeoman, venerunt coram me J. H. Armiger' uno Ju∣sticiar' dicti Domini Regis ad Pacem in Com. predict. conservand' Assignat' & manuceperunt per R.B. de L. in Com. predict. Gent. viz. Quilibet eorum corpus pro corpore quod idem R. B. personaliter comparebit coram prefa∣tis Justiciarijs & Socijs suis ad proximam Generalem Sessionem Pacis in Com. predict. tenend' ad stand' Rect. in Curia si quis versus eos tunc loqui vo∣luerit de diversis Felonijs & Transgressionibus, unde idem R. B. Indictatus existit, ut dicitur, & ad respondendum dicto Domino de eisdem porut debet, Datum, &c.

XII. Crompt. 196. § 1.* 218.3 A Justice of the Peace may take Recognizances of the Peace, because he is a Judge of Record, and yet the Commission doth not give it, F. N. B. 80. Dalt. 170. cap. 70.

XIII. Crompt. 196. § 4. Justices of Peace, Mayors, Bayliffs, Vicounts,* 218.4 and every other Chief Officers who find or know of any other using or exerci∣sing any unlawful Game, against 33 H. 8. 9. § 14. N. 3. may bind them by Obligation to the Kings use in such Sum as they conclude reasonable, that they shall not use such unlawful Games afterwards, Crompt. 197 b. § 2 b.

XIV. Crompt. 196. § 5.* 218.5 Justices of Assize out of their Places granting the Peace, Another Justice of Peace there may make a Supersedeas, but not where its granted sitting the Court, as I heard was done at Derby, 43 Eliz. Quaere, Dalt. 168. cap. 69.

* 218.6XV. Crompt. 196. § 6. Justices of Peace may take a Recognizance of such who have Licence to keep an Alehouse, for keeping of good rule, and that they shall not use unlawful Games, there 5 & 6 Ed. 6. 25. § N.

* 218.7XVI. Crompt. 196 b. § 7. If a Statute gives Power to a Justice of Peace to take a Recognizance or Obligation for any Cause, and the Justice of Peace inserts therein any other Cause, it seemeth that the whole Recog∣nizance shall be void, as Com. 62. &c.

* 218.8XVII. Crompt. 196 b. § 8. Quaere, If a Justice of Peace may by his Dis∣cretion bind a Man to the good behaviour, who hath gotten a Woman with Child, to be forth-coming until the delivery, because that otherwise paradventure he will flie; but 18 Eliz. 3. § 2. N. 3. doth not give this, but it seemeth reasonable, Lambert 119. Dalt. 191. Cap. 75.

* 218.9XVIII. Crompt. 196. § 9. A Justice of Peace cannot Award process upon a Recognizance forfeit before them, as it seemeth, but must certifie it unto the Chancery, B. R. or Exchequer, by 3 H. 7. 1. § 1 N. 26. Dalt. 173. cap. 70. Peace Br. 11. infra.

* 218.10XIX. Crompt. 196. § 10. A Constable may bind a Man by Obligation to keep the Peace, 10 Ed. 4. 18. Surety Br. 26. Recognizance, Br. 14. but 3 H. 4. 9. Surety Br. 23. Contra. as to the Obligation with Penalty, Dalt. 4. cap. 1.

2. Lambert 14. 15. These Constables were ordained, as it appeareth, 3 H. 4. 9. Surety Br. 23. & 10. H. 4. and Fitzh. 172. to keep the Peace, and to repress Felons, and might take Surety of the Peace by Obligation, if they found any Man making an Affray, or otherwise commit him to Prison untill he should find such Surety.

I have read also that a Constable might at the common Law have Bail∣ed a Suspect of Felony by Obligation, because he was a Conservator of the Peace.

And that both he, and the Sheriff, lost this Authority by 3 H. 7. 3. § 1. N. 5. & 1 & 2 Ph. & Mar. 13. § 5. N. 2. the which Statutes in giving that Power to Justices of Peace do in the Opinion of some Men, take it from the Sheriff and Constable, reported by Dalison Justice, Su∣pra.

* 218.11XX. Crompt. 196. § 13. A Sheriff may take a Recognizance of the Peace, Virtute Officij, as it seemeth F. N. B. 81. D. supra. because its an Office of Record, Quaere tamen.

* 218.12XXI. Crompt. 196. § 14. Justices of Peace in their Sessions may take a Recognizance of Badgers and Drovers, that they shall not forestall nor in∣gross, nor do any other thing against the Statute of 5 & 6 Ed. 6. 14.

* 218.13XXII. Crompt. 196 b. § 15. A Justice of Peace in Sessions may take a Re∣cognizance of him that takes a Rogue in Service to appear at the same Sessions, a year next after 14 Eliz. 5. § N.

* 218.14XXIII. Crompt. 196 b. 197 a. § 16. A Justice of Peace may bind a Man for two years, that he shall not kill, nor take Phesants, nor Patridges a∣gainst the Statute 23 Eliz. 10. § 2. N. 5. And it seemeth it shall be by Re∣cognizance, and yet the Statute doth not say whether it shall be by Re∣cognizance or otherwise, and so he may bind him that Hawks in anothers Corn, contrary to the said Statute 23 Eliz. 10. § 5. N. 3. to appear at the the next General Sessions of the Peace to answer thereto (Quaere the Statute.)

XXIV. Crompt. 197. § 18.* 218.15 Justices of Peace upon a Supplicavit of the Peace Directed to them out of the Chancery, shall take Surety of the Peace by Recognizance, as it seemeth F. N. B. 81. yet he saith, Quae∣re.

XXV. Crompt. 197. § 19. Upon a Supplicavit of the Peace to the Sheriff and Justices of Peace, it seemed to Danby 9 Ed. 4. 32. that he may take Surety by Recognizance, because the Writ is as a Commission to them, and F. N. B. 81. accords.

XXVI. Crompt. 197. § 21.* 218.16 The Justices of Peace have no Authority to take Recognizance of any to appear at the Sessions to Answer to their de∣fault or offence, where the Statute doth not give it, as it seemeth, Quae∣re.

XXVII. Crompt. 197. § 22. Two Justices of the Peace,* 218.17 whereof one is of the Quorum upon complaint by any Competent Judge of Tythes for any Misdemeanor of the Defend, in suit for Tythes, may cause him to be Attacht and Committed to Ward, till he hath found Surety to them by Re∣cognizance or Obligation to the Kings use to obey the Process and Sentence of the same Judge, 27. H. 8. 20. § N.

XXVIII. Crompt. 197. § 23. On complaint to two Justices of Peace, whereof the one is of the Quorum, made by the Ecclesiastical Judge, who hath given Judgment of Tythes against another who refuseth to pay them, or Sums of Money for him adjudged to be paid; the Party so refusing shall be Attacht and committed unto the Goal untill he hath found Surety by Recognizance, or otherwise to perform the said Sentence, 32 H. 8. 7.

XXIX. Crompt. 197. § 24.* 218.18 If a debate ariseth between a Master and his Apprentice for default of conformity in the Master, the Justice of Peace may bind the Master to appear before the Justices of Peace at the Sessions, 5 Eliz. 4. § N.

XXX. Crompt. 197 b. § 25.* 218.19 A Coroner may take a Recognizance or Ob∣ligation of such as give Evidence before him, super visum corporis, to prove him that killed the party guilty, and to bind them to appear before the Justices of Goal-delivery 1 & 2 Ph. & Mar. 13. § 5. N. 2.

XXXI. Crompt. 197 b. § 26.* 218.20 Every Justice of Peace within a Month after the Offence may commit any that is vehemently suspected of speaking or reporting of slanderous News or Tales against our Lord the King that now is, if he doth not find Sureties to appear at the next Quarter-Sessions or Goal-delivery, there to remain untill he will find Surety, ut Su∣pra.

XXXII. Crompt. 197 b. § 23.* 218.21 Where a Statute gives Power to a Justice of Peace to take Bond of any for his Appearance at the Assizes or Sessions: or to take Surety of any for any thing, it seemeth he may take a Recogni∣zance, though it be not so expresly given.

XXXIII. M. 2 H. 7. 1. pl. 2. Peace Br. 11.* 218.22 If a Recognizance of the Peace be taken by a Justice of Peace, this may be Certified by a Certiorari (su∣pra) though that the Justice of Peace doth not bring it to the Sessions nor to the Custos Rotulorum.

And if a supersedeas be retorned to the Sessions, and no Recognizance; then a Certiorari may be Awarded to the same Justice to certifie the Re∣cognizance; yet see 3 H. 7. 3. §. 1. N. 4. that the Justice shall forfeit 10. l. if he doth not Certifie the Recognizance to the next Sessions, Dyer 265.

XXXIV. Dalt. 173. cap. 70. If the Justice of Peace shall not Certifie such Recognizance taken for the keeping of the Peace at the next Sessions, 3 H. 7. 1 § 1. N. 27. limiteth no penalty, and yet see Peace Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions: But Mr. Brook there mentioneth 3 H. 7. 3. § 1 N. 4. which was only for Bailment of Prisoners, and certifying the same, and so seemeth to mistake the Statute, F. N. B. 251. F. Crompt. 169 a. 167 b.

* 218.23XXXV. Dalt. 173. 174. cap. 70. If he which demanded the Peace shall Release the Peace before the said next Sessions, then it may seem, though the Justice of Peace shall not Certifie the Recognizance, that the Statute (3 H. 7. 1. § 1. N. 26.) is not Transgressed or offended, for it hath been holden (Crompt. 169. in Certiorari 62. N. 2.) that the Party shall not be called in such Case upon his Recognizance, yet Quaere inde; and see Dalt. 175 & 176 cap. 71.

2. But howsoever, it is better to Certifie the Recognizance for peradventure it was forfeited before the Release made, Supra.

* 218.24XXXVI. Dalt. 174. 175. cap. 71. If the Justice of Peace shall not Cer∣tifie the Recognizance to the Sessions, yet the Party ought to appear, and to Record his Appearance, &c. as 18 Ed 4. 18.

2. If the Party that is bound to appear, be so sick that he cannot appear, nor by any means travel at the day, yet it seemeth his Recognizance in strictness of Law is forfeit, &c. yet in this Case upon due proof of such his sickness, I have known the Justices of Peace in their Discretion have forborn to Certifie or Record such forfeiture or default, and that they have taken Sureties for the Peace of some Friends of his present in Court until the next Sessions.

But Quaere how far this is Warrantable by their Oath: Besides the Par∣ty so bound might by Certiorari, Dalt. 70. Cap. 69. and Crompt. 81 b. have removed his Recognizance into the Chancery, or B. R. before the Day of his Appearance, and then he should not have needed to appear at the Sessions; for that the Justices there should have no Record where∣upon to call him.

* 218.253. If the Husband be bound that he and his Wife shall appear at such a Sessions, and that they shall keep the Peace in the mean time, &c. and at the day the Husband doth appear, but not his Wife, here Crompt. 144 b. saith, the Recognizance is not forfeit, &c. yet Quaere, and see 8 Ed. 2. Forfeiture 17.

* 218.26XXXVII. 1 Ed. 6. 1 § 2. N. 2. And (three Justices of Peace at the least, Quorum unus) shall have Power and Authority by their Discretions 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 Know∣ledge of the Offences (viz. of depraving the Sacrament, &c.) by them Presented and Informed, every of them in Five pounds to the King, to appear before the said Justices of Peace, before whom the Offender or Offenders shall be Tryed at the day of Tryal and deliverance of such Offen∣ders.

Records,

see Justices.

Recusants,

see Pope.

Reconciliation,

see Pope.

Recordare and Removal,

see Certiorati.

Regrator,

see Market overt.

Relation,

see Days.

Release,

see Peace, Recognizance.

Religious, Houses

see Abbe.

Religion.

Church, Divine Service, Preachers Encumbent, Pope, Quakers, Common Prayer, Sacraments, Sab∣bath.

I. LAmbert 118.* 218.27 Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher, &c. have this one mean∣ing, that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes.

II. Lambert 195.* 218.28 If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher, shall be Arrested and brought before a Justice of Peace, then he upon due Accu∣sation thereupon to be had by the said Arrester, or other Person, shall forth∣with Commit the party so taken to safe Custody by his Discreti∣on.

2. But enquire if 1 Mar. 1. St. 2. cap, 3. §. 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words, Lambert 411. and Crompt. 14.

III. Crompt. 14.* 218.29 Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act, word or deed, mali∣tiously or contemptuously hath molested or troubled, or by any other un∣lawful ways or means, disquieted or misused any Preacher lawfully Autho∣rized, or other Person, Charged by Reason of his Spiritual Promotion or Charge, in any his overt Sermon, Preaching or Collation in any Church, Chappel, Church-yard, or other place used, or to be appointed, every such Offender in the Premisses, his Aiders, Procurers, and Abettors shall be committed to the Goal by three Months, without Bail or Mainprise, and shall remain there from thence untill the next Quarter-Sessions to be held within the same County, City, or &c. at which Sessions, upon his Re∣conciliation and Repentance in this behalf before the Justices at the said Sessions, he shall be delivered and shall be bound to his good behaviour for

a year, and if he will not, he shall remain there untill he will, Dalt. 192. cap. 41.

2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed, as it seemeth; for the Statute containeth divers several matters, and so is as Divers Statutes, as Com. 65. as it seemeth, Lambert 411. Quaere infra.

IV. Dalt. 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it (as I am credibly informed) that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1.

* 218.30V. Lambert 333. 334. Within six days after Accusation had, that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace, one other Justice of the Shire must joyn with him in the Examination of the Offender, and may proceed to find him Guilty by his own Confession, or by two Witnesses, and thereupon Com∣mit him to the next Goal for three Months, 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. ask of the Continuance of this Statute.

* 218.31VI. Lambert 411. 412. Enquiry at Sessions, if any person have within these three Months, by contemptuous or reviling words, or have advi∣sedly in any otherwise depraved, despised, or reviled the blessed Sacra∣ment of the Body and Blood of Christ, 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt. 12.

* 218.32VII. Lambert 361. It seemeth that three such Justices (viz. Quorum unus) may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Sta∣tute, and Examine them what other Witnesses were then by, and to bind them all by Recognizance to give in Evidence at the day of Tryal, 1 Ed. 6. 1. § 1. N. 7. But enquire of this matter, Dalt. 133. 134. cap. 49.

* 218.33VIII. Crompt. 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ, 1 Ed. 6. 1. § 1.

* 218.34IX. Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace, in sending Process beyond the Bounds of their own Commission; for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace, the one being of the Quorum, may make Process against such as be thereupon Indicted for depraving the Sacrament, by two Writs of Capias and the Exigent, and by Capias Ʋtlagatum, into any place with∣in the Kings Dominions.

* 218.35X. Lambert 197. Enquiry at Sessions, if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church, Chappel, or usual Place of common Prayer, contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County, where such Offender shall dwell, or be, may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. at the least, with sufficient Sureties, to the Good-behaviour, for that his so long obstinacy, besides the other penalties, 23 Eliz. 1. § 5. N. 2. Crompt. 13 b.

* 218.36XI. Lambert 412. 413. Enquiry at Sessions, if any Person, Vicar, or Minister have refused to use the Common Prayers, or to Minister the Sa∣craments according to the Book of Common Prayers, 1 Eliz. 2. § 4. N. 1. Crompt. 130 a. infra.

2. Or wilfully standing in the same, have used any other form in open Prayers or in Administration of the Sacraments, or have spoken any thing in derogation of the said Book, or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt. 12 b. 13 a.

3. Or if any Person have in any Play, Song, or Rhime,* 218.37 or by any o∣pen word spoken in derogation of the said Book, or of any thing therein contained, or have caused or maintained any Parson, Vicar, or Minister to say any Common Prayer, or to Minister any Sacrament in any other manner than after the said Book, 1 Eliz. 2. § 9. N. 1. Crompt. 13 a.

4. Or have interrupted any Parson Vicar, or Minister to say open Pray∣er, or to Administer any Sacrament according to the same Book, 1 Eliz. 2. §. 9. N. 3.

5. If any Person being above sixteen years of Age, and not having law∣ful and reasonable Excuse to be absent, have not repaired and resorted un∣to his or her Parish Church, or Chappel accustomed, or upon let thereof, to some usual Place where Common Prayer is to be used upon every Sunday and other Holy-day, and have not there orderly and soberly abiden, during the time of such Common Prayer, Preaching, or other Service of God, and how long such Person hath forborn so to repair and resort, 1 Eliz. 2. § 14. N. 1. & 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1.

XII. Crompt. 12. Ab.* 218.38 As also you shall enquire if such Ecclesiastical Person who should say Common Prayer, and Minister the Sacraments in any Ca∣thedral or Parish Church, or other place, hath not within this year and day said and used the Matins, Even-Song, Celebration of our Lords Sup∣per, and the Administration of every of the Sacraments, and all their common and open Prayers, in such order and form as is mentioned in the Book of Common Prayer, Authorized by Parliament, and none other, or otherwise, supra. 1 Eliz. 2. § 4. N. 1.

2. By the said Statute 23. Eliz. 1. § 8. N. 1. Justices of Peace may En∣quire within the year and day of these Articles, but they cannot hear and determine them, but the Justices of Oyer and Terminer or of Assize may, by 23. Eliz. 1. § 9. N. 1. hear and determine.

3. But see if a Justice of Peace cannot Award Process upon the Endict∣ment untill he appear and pleads to the Endictment,* 218.39 and then for Tryal send the Record in B. R. to the intent it should be tried by N••si prius: Or if he shall send the Endictment in B. R. immediately without Awarding Process, because they have no Authority by the Statute 23 Eliz. 1 § 8. N. 1. but only to Enquire.

4. It seemeth that he being Indicted hereof,* 218.40 shall make a Fine by the Discretion of the Court, though no Fine is given in the case aforesaid by the said Statute 1 Eliz. 2. § 4. N. 5. because it is a contempt, in as much as 1 Eliz. 2. §. 3. N. 1. saith that he shall be bound to say, and use, &c. ut supra, Quaere the intent of the Statute in this point, Fines pro &c. Br. 21.

5. Every Priest, though he be no Vicar, Parson,* 218.41 or Stipendary Chap∣lain, nor obliged nor bound by his Cure to serve, &c. is within the pur∣view of 1 Eliz. 2. § 4. N. 1. by reason of the first Clause 1 Eliz. 2. § 3. N. 1. which is, that all and singular Ministers in any Cathedral or Parish Church, or other place &c. which may be intended a Minister local and enducted, and at length by the Opinion of all, but one, Dyer 203. pl. it was held, That he shall be within the Statute, and that by reason of this Clause, 1 Eliz. 2. § 4. N. 1. That if any manner of Parson, Vicar, or other whatsoever Minister, &c. Whereby the meaning of the Parli∣ament

appears, that the superstitious Service in the Church should be abolisht, and the true Service planted in lieu thereof.

6. And under this Term (Minister) every Priest is included, and by this that he is Sacerdos, he is bound ex Jure Divino, to Celebrate the Lords Supper and the Orisons of the said Supper.

7. And also it was held by all the Justices, That this Term Clerk is suf∣ficient to prove him a Priest or a Minister.

* 218.42XIII. Crompt. 13. Ab. § 8. Enquiry at Sessions if any hath sung or said Mass, being thereof convict, he shall forfeit CC Marks, and shall be Impriso∣ned a year, and thence untill he hath paid the said Sum, 23 Eliz. 1. § 4. N. 1.

2. And if any one voluntarily hath heard Mass he shall forfeit C Marks and shall be Imprisoned for a year, 23 Eliz. 1. § 4. N. 2.

3. See 5 & 6 Ed. 6. cap. 1. § 6. N, 1. that none is bound to be present at any Common Prayer that is not according to the Book upon pain of Impri∣sonment, &c. see the Statute, &c. And by consequence, such are not to be called before the Ordinary, nor to be Indicted.

* 218.43XIV. Crompt. 16. Ab. If any hath quarrelled by words only, or chided or brauled in any Church or Church-yard, being proved by two lawful Witnesses before the Ordinary of the Place where the Offence was commit∣ed, he shall be suspended if he be a Lay-man ab ingressu Ecclesiae, if he be a Clerk, then from the Administration of his Office as long as the Ordi∣nary shall think convenient according to the fault, 5 & 6 Ed. 6. 4. § 1. N. 1.

2. If any one hath struck or laid violent hands upon any other in any Church or Church-yard, he shall be deemed Excommunicate, Ipso facto, and shall be Excluded out of the Congregation of Christ, 5 & 6 Ed. 6. 4. § 2. N. 1.

3. If any Maliciously strike any Person with any Weapon in any Church or Church-yard, or draweth any Weapon there to such intent, the Offender being thereof Convict by twelve, or his own Confession, or by two law∣ful Witnesses before the Justices of Peace in their Sessions, he shall have one of his Ears cut off, and if he hath no Ears, he shall be markt in the Cheek with a hot Iron, having the letter F. therein, in token that he is a Fray-maker, and shall stand also Excommunicate, Ipso Facto, 5 & 6 Ed. 6. 4. § 3. N. 1.

* 218.444. Nota, That an Endictment only without Answer thereto made, or Process of Utlary thereupon ended, is no sufficient conviction in Law to have the Corporal Penance appointed by the said Statute, 5 & 6 Ed. 6. 4. §. 3. N. 1. Dyer 275 b. per Curiam, Crompt. 9 b. § 48. But whether he shall be said Excommunicate Ipso Facto, without proof or due Tryal, or without Sentence or proof of Witnesses before the Ordinary, was doubt∣ed per Curiam.

* 218.455. The King defends, and commands that Fairs nor Markets hence-for∣ward shall not be held in Church-yards for the honour of Holy Church, 13 Ed. 1 Stat. 2 (3) Winchester 6. § 1. N. 3. Lambert 414. 415.

* 218.46XV. Crompt. 16. Enquiry at Sessions if any hath kept or maintained any School-Master who doth not resort to the Church, as is mentioned 23 Eliz. 1. § 6. N. 1. or that is not allowed by the Ordinary of the same Dioces where such School-Master shall be kept, he shall forfeit 10 l. for e∣very Month for keeping of such School-Master, The Laws, &c. 64. 65. Abr. 68. Lamberts Precedents 3. pl. 7. infra.

2. And every School-Master presuming to Instruct youth, contrary to this Act, being thereof convict, shall be disabled to be an Instructor of Youth, and shall be Imprisoned for a year without Bail or Mainprise, 23 Eliz. 1. § 7. N. 2. see 1 Jac. 4. §

XVI. West. Symb. 2. part 114 b. sect 141.* 218.47 Inquiratur per Domina Re∣gina si G. C. nuper de E. in Com. E. Clericus, 26 Die Martij, &c. apud E. predict' in Com. E. predict' in quodum loco ibidem vocat' the Vestry-house Juxta Ecclesiam Parochialem de E. predict' in Com. E. predict' vo∣luntariè usus fuit privato alio Ritu Ceremonia forma & modo Celebratio∣nis Coenae Dominicae vocat' the Lords Supper, quam in quodam libro In∣titulat' Liber Communis Precationis & Administrat' Sacrament' & aliorum Rituum & Ceremoniarum Ecclesiae Anglicanae Authorizat' per Actum Par∣liament' tent' in Annis 5 & 6 Regni Domini Edwardi nuper Regis Au∣gliae sexti declarat' & mentionat' existit, videlicet dicend' & Celebrand' unam Privatum Missam contrà formam Statuti in Parliament' dictae Domi∣minae Reginae nunc apud Westm. Anno Regni sui primo tent edit' & pro∣visi, & contra pacem ejusdem Dominae Reginae coronam, &c.

Et si T. B. nuper de B. in Com. predict' Yeoman, & J. M. nuper de W. in Comitatu predict' Laborer, Die & Anno supradict. apud W. predict' in Comitatu predict' tempore Celebrationis predict' Coenae Domini modo & forma predict' fuerunt presentes & voluntariè audientes Missam predict' in forma predict' dictam & Celebratam contra formam Statuti predict' ac con∣trà pacem, &c.

Crompt. 259. pl. 89.

XVII. Lamberts Precedents 2 b. pl. 5.* 218.48 For saying and hearing Mass.

Juratores super Sacrament' suum presentant pro Domino Rege, quod J. R. nuper de C. in Comitat' predicto Clericus 8. die Aprilis Anno Regni dicti Domini nostri Jacobi, Dei Gratia Angliae, &c. Regis, fidei Defenso∣ris, &c. apud C. predict' in Comitatu predict' voluntariè Dixit & Cele∣bravit unam Missam contrà formam cujusdam Statuti in Parliament' Domi∣nae Elizab. nuper Reginae Angliae tento apud Westm. in Com. Middlesex, Anno Regni sui 23. in hoc casu provisi, & editi, & contra pacem dicti Do∣mini Regis coronam & Dignitatem suam.

Et quod Maria B. de C. predicta in Comitatu predict' vidua dicto 8. die Aprilis Anno supradicto apud C. predict' in Com. predict' interfuit presens tempore dictae Celebrationis Missae predict' ac eandem Missam sic ut prefer∣tur dictam ad tunc & ibidem voluntariè Audivit contra formam Statuti pre∣dicti ac contrà Pacem Coronam & Dignitatem dicti Domini Regis no∣stri.

XVIII. Lambert Precedents 2 b. pl. 6.* 218.49 An Indictment for being absent the from Church, West. Symb. 2 part 101. sect. 92.

Essex ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod A. B. nuper de B. in Com. predict' Armiger', qui 10. Die Julij, An∣no Regni Domini nostri Jacobi, &c. Regis, fidei Defensoris, &c. fuit e∣tatis 16. Annorum, & ultra, non accessit, Anglicè, did not repair, ad Ec∣clesiam suam Parochialem de D. predict' nec ad aliquam Ecclesiam, Capel∣lam, aut usualem locum Communis Predicationis, & ibidem moratus fuit tempore Communis Precationis, ad aliquod tempus infra sex Menses tunc proxime sequentes, sed abstinuit ab eisdem, Anglice, hath forborn the same, per spatium predict' sex Mensium, contrà formam cujusdam Statuti apud Westm. in Com. Middlesex Anno Regni Domini Elizab. nuper Reginae Angliae primo pro uniformitate Communis Precationis editi & provisi, ac

contra formam Statuti Anno Regni dictae nuper Reginae Vicessimo tertio in Hujusmodi casu editi & provisi ac in Contempt' dicti Domini Regis nunc & contra Coronam & Dignitatem suas, &c.

* 219.1XIX. Lamberts Precedents 3. pl. 7. An Indictment against a School-Ma∣ster not licenced, nor resorting to the Church, and against his Maintainers, West. symb. 2 part. 128. 129. sect. 199. Crompt. 16. b. supra.

Juratores super Sacrament' suum presentant pro Domino Rege quod K. M. de L. in dicto Comitatu Scholae Magister à secundo Die Septembr. Anno Regni Domini nostri Jacobi Dei Gratia, &c. Regis fidei Defensoris, &c. usque nunc in domum Mansionalem cujusdam E. A. de J. predict' in Comi∣tatu predict' viduae, ausus est & presumpsit erudire & docere Pueros Dictae E. A. ibidem cum idem K. M. durante dicto tempore non accessit nec resor∣tavit ad Ecclesiam Parochialem de J predict' in Comitatu predict' nec ad ullam aliam Capellam aut usualem locum Communium Precationum, sed se penitus per totum tempus predictum ab inde absentavit nullam habens legi∣timam aut rationabilem dictae suae absentiae excusationem, & cum idem K.M. non est per Episcopum Diocesis loci illius in quo sita est predicta Ecclesia Pa∣rochialis de J. predict' aut per ejus loci Ordinarium licentiatus aut allocatus ad erudiendum & docendum in magnum dicti Domini nostri Regis con∣temptum ac contra formam Statuti in Parliamento Dominae Elizab. nup •• Reginae Angliae tento apud Westm. in Com Middlesex Anno Regni sui 23. in hujusmodi casu provisi & editi.

Et quod predict' E. A. voluntariè in domo sua predict' per totum tempus predict' custodivit & manutenuit prefat' K.M. modo & forma predict' eru∣dientem & docentem sciens ipsum K.M. modo & forma predict' se absen∣tasse in contempt' dicti Domini Regis ac contra formam Statuti pre∣dicti.

* 219.2XX. Dyer 203 pl. 72. An Indictment for Celebrating private Mass.

Essex ss.

Juratores super Sacrament' Suum presentant por Domino Rege quod Johannes R. nuper de L. Clericus 8. di•• Aprilis, Anno Regni &c. apud B. in Com. E. voluntarie dixit usus fuit & celebravit unam privatam Missam contrà formam & effectum cujusdam Statuti in Parliament' tent' apud Westm. Anno primo Reginae &c. edit' & provisi, & contrà pacem Domini Re∣gis nunc coronam et Dignitatem suas.

Et quod E. W. de B. predict' in Comitatu predict' Miles, F. et alij dicto 8. Die Abr. apud B. predict' tempore Celebrationis Missae predictae fuerunt presentes, audientes Missam predictam, ac manutenent' & comfortant' pre∣dict' J. R. ad Missam predict' dicend' et Celebrand' contra formam Statuti predicti ac contra pacem &c.

* 220.1XXI. Crompt. 104 b. § 53. Its a good Indictment where its said, contrà formam Statuti in Parliament' tent' apud Westm. Anno primo Elizab, &c. ut patet, Dyer 203. &c. infra.

Et Nota; That he did not say in the Information, Apud Westm. in Com. Middlesex, but in general, apud Westm, &c.

And this Indictment was upon 1 Eliz. 2. § 9. N. 2. 4. for now he shall forfeit a greater Sum by 23 Eliz. 1. § 4. N. 2.

* 220.2XXII. Crompt. 125. Item, the general Sessions shall enquire of them that say or hear Mass, and who come not to the Church, against 23 Eliz. 1. § 4. N. 2.

* 220.3XXIII. Crompt. 144. He shall be bound to the Good-behaviour in B. R. who absents himself from the Church for a year against 23 Eliz. 1. § 5. N. 2. and shall so remain untill he will reform himself and come to Church, ac∣cording to the intent of the Statute, 1 Eliz. 2. § 14. N. 1. &c.

XXIV. Crompt. 151. Two Capias an Exigent,* 220.4 and a Capias Ʋtlaga∣tum shall issue against him that is Indicted upon 1 Eliz. 2. § 4. N. 4. for de∣praving the Sacrament, &c.

XXV. Crompt. 155. Ab.* 220.5 Nor he shall not be let to Bail or Main∣prise, who disturbs Preachers contrà to 1 Mar. 1. Stat. 2 cap. 3. § 5. N. 2.

2. Nor he shall not be left to Bail or Mainprise who offends against 1 Eliz. 2. § 4. N. 1.

XXVI. Kilb. Precedents 94. 95. For not coming to Church,* 220.6 a Warrant to appear before a Justice.

To the Constables and Borshoulders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as I have received Information that B. C. of D. in the County aforesaid, &c. did not upon any of the &c. Sundays last past resort or repair to any Church, Chappel, or other usual place appointed for Common Prayer, and there hear Divine Service according to the form of the Statute in that behalf made; These are therefore in his Ma∣jesties Name to will and require you, that you, some or one of you do cause the said B. C. to come before me to Answer the Premisses; hereof fail not at your peril.

Given under my Hand and Seal the day of &c.

1 Eliz. 2. § 14. N. 1. 3 Jac. 4. §. 27. N. 1.

XXVII. Kilb. Precedents 95.* 221.1 A Warrant to levy the forfeiture for not coming to Church.

To the Churchwardens of the Parish of A. in the said County, and to every of them.

Kent ss.

Forasmuch as B. C. of D. aforesaid &c. did not upon Sunday the second day of May, nor upon Sunday then next following, nor upon Sun∣day then next following, &c. resort or repair to any Church, Chappel, or other usual place appointed for Common Prayer, and there hear Divine Service, according to the form of the Statute in that behalf made, and being called before me did not make sufficient excuse of his said Defaults to my satisfaction; These are therefore in his Majesties Name to will and re∣quire you, that you, or one of you, do levy by Distress and Sale of the Goods of the said B. C. three Shillings for his defaults aforesaid, to be im∣ployed to and for the use of the Poor of the said Parish, rendring to him the Overplus of Money raised of the Goods aforesaid, so to be sold, and in default of such Distress that you do certifie me thereof with all conveni∣ent speed, to the end I may further Proceed therein as to Justice doth ap∣pertain; hereof fail not at your perils.

Given under my Hand and Seal the Day of, &c.

1 Eliz. 2. § 14. N. 1. 3 Jac. 4. §. 27. N. 1.

XXVIII. Kilb. Precedents 96.* 222.1 A Mittimus to the Goal of one not repairing to Church for want of a Distress.

To the Constables and Borsholders of the Hundred of A. in the said County and to every of them, and to the Keeper of his Majesties Goal at B. in the County aforesaid.

Kent ss.

Whereas by Warrant under my Hand and Seal, the Church-wardens of the Parish of A. in the said County, were lately by me Com∣manded to levy three Shillings by Distress and Sale of the Goods of B. C.

of the Parish of A. in the said County, to be imployed to and for the use of the Poor of that Parish, for that he did not upon Sunday the second day of May nor upon Sunday then next following, nor upon Sunday then next following resort or repair to any Church, Chappel, or other usual place appointed for Common Prayer, and there hear Divine Service, according to the form of the Statute in that behalf made, and the Church-Wardens aforesaid have retorned to me, that the said B. C. hath no Goods nor Chattels sufficient for the levying of the Moneys aforesaid: These are therefore in his Majesties Name to will and require you, that you, some, or one of you, do take the aforesaid B. ••. and him safely convey to his Majesties Goal aforesaid, and him there deliver to the Keeper of the same, together with this Precept, commanding also you the said Keeper to re∣ceive him into the said Goal, and him there safely keep untill payment shall be made of the Monies aforesaid; hereof fail not at your peril.

Given under my Hand and Seal the Day of &c.

1 Eliz. 2. § N. & 3 Jac. 4.

* 223.1XXIX. Kilb. Precedents 98. A Warrant against Encumbent for not Of∣ficiating, on 14 Car. 2. 4. § 7. N. 1.

To the Church-Wardens and Overseers of the Poor of the Parish of A. in the said County.

Kent ss.

Forasmuch as it hath been duly proved before us (viz. two Ju∣stices, &c.) that A. B. the proper Incumbent of the Parsonage (Vicarage, or Benefice) of &c. in the County aforesaid, doth reside on his Living and keep a Curate, and hath not himself in Person within one Month now past openly and publickly read the Common Prayers in and by the Book prescribed by the Statute made in the fourteenth year of his now Majesties Reign, Entituled, An Act for the Ʋniformity of Publick Prayers and Administration of the Sacraments, and other Rights and Ceremonies, and for the establishing the form of making and Ordaining and Consecra∣ting Bishops, Priests, and Deacons in the Church of England; in the Pa∣rish Church of C. to the said Parishioners in such order, manner, and form as in and by the said Book is appointed, whereby he hath by vertue of the Statute aforesaid forfeited five pounds to the use of the Poor of the Parish aforesaid; These are therefore in his Majesties Name to will and require you, and every of you, that you, or some of you, do demand of the said A.B. the aforesaid five pounds to the use of the Poor afroesaid, and in default of payment thereof within ten days after such demand, that you, or some of you do levy the same by Distress and Sale of the Goods and Chattels of the said A. B. rendring to him the Surplusage, hereof fail not at your perils.

Given under our Hands and Seals the Day of &c.

2. The like Warrant, mutatis mutandis, if he de not if there be oc∣casion, Administer each of the Sacraments and other Rites of the Church, once in every Month.

* 224.1XXX. Kilb. Precedents 99. A Mittimus for Preaching whilst disabled on 14 Car. 2. 4. § 21. N. 1.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them, and to the keeper of his Ma∣jesties Goal for the said County at M. in the County afore∣said.

Kent ss.

Forasmuch as we (viz. two Justices) have received a Certi∣ficate 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 Ma∣jesties 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.* 225.1 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 sedi∣tious 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,* 227.1 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 Do∣mini Regis nunc 22. die ultra etatem 16. Annorum, & subditi dicti Domi∣in Regis ad tunc existent' predict' 26. die Junij, Anno 22. supradicto in∣simul assemblaverunt & presentes fuerunt & quilibet eorum presens ••uit in Domo Mansionali ipsius A. P. viduae, in predict' Parochia de E. in Com. predict' ad Conventiculum sub colore Exercitationis Anglice Exercise, Re∣ligionis 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, in∣fra,

Memorand' etiam quod tempore & loco supradict' predict' J.S. assumpsit super se docere in Conventiculo predict' & in eodem ad tunc & ibidem docu∣it contra formam Statuti predicti, quodque predict' A. B. vidua tempore supradicto scienter, Anglice Wittingly, & voluntariè permisit Conventi∣culum 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 pre••ertur fore Commissa sufficienter aparuit per presentes, sub Manu & sigillo meo 11. die Julij Anno 22. supradicto apud N. predict' in Com. predict' feci: Predicti{que} 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 Sta∣tuti 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 prefer∣tur 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.

* 227.2XXXII. 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 Tything∣men 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 Coun∣ty 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 up∣on 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 there∣of Convicted as aforesaid, the said G. H. did forfeit for the said first Of∣fence 20 l. and that he the said Justice had by Virtue of the said Act impo∣sed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same, as by the said Certificate appeareth, 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the a∣foresaid Act in his Majesties Name, to command you, that you, some, or one of you, do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you, or any of you, have so levied the said 20 l. or any part thereof, that then you, they, or he that so levied the same, do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid; hereof neither you, nor any of you, are to fail at your perils.

Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni &c. 31.

* 228.1XXXIII. Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle.

To the Constable, Borshoulders, Headboroughs, and Tything∣men of the Hundred of S. in the said County, and every of them.

Kent. ss.

Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County, at a Conventicle then and there held, under Colour of Exercise of Religion, in other manner than according to the Liturgy and Practice of the Church of England, contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles: And whereas we are also Informed, that the several persons hereunder Named can certifie the Particulars and truth of the Premisses, These are therefore in his Majesties Name to command you, and every of you, that you do give notice to the several Persons that they, and every of them, are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid, on Wedensday the first day of this In∣stant August at eight of the Clock in the Forenoon of the same day, then and there to testifie their several Knowledges touching the Premisses, where∣of neither they, nor any of them, are to fail at their perils: And you are further hereby commanded to appear at the time and place aforesaid, to make appear unto us what you have done in the Execution hereof; hereof also you are not to fail at your peril.

Given under our Hands and Seals at H. in the said County the 〈1 span left blank〉〈1 span left blank〉 Day of &c.

• A. B. of &c. &c. as many as be.
• C. D. of &c. &c. as many as be.

XXXIV. Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation.

Kent ss.

S. B. & R. K. Esquires,* 230.1 Two of his Majesties Justices assigned to keep the Peace in his County aforesaid,

to the Chief Magistrate of the Corporation of T. in the said County, Greeting;

Whereas W. S. of T. aforesaid, in the County aforesaid, Yeoman, was this present day be∣fore us Convicted according to an Act of Parliament to prevent and sup∣press Seditious Conventicles lately made and provided, of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid, up∣on the sixth day of this Instant July, at a Conventicle than and there held, under Colour of Exercise of Religion, in other manner then according to the Liturgy and Practice of the Church of England, contrary to the form of the Act aforesaid: And we have by Vertue of the said Act imposed up∣on him a Fine of Five shillings for that his Offence, and whereas also the said J. B. was this present day before us also, according to the said Act, Convicted of his wittingly and willingly suffering the Conventicle afore∣said to be held in his aforesaid Dwelling house, contrary to the form of the Act aforesaid, for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited, we have there∣fore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was pre∣sent at the same Conventicle: And forasmuch as the said W. S. is an Inha∣bitant in the Corporation aforesaid, we do therefore hereby Certifie you of the Premisses, to the end you may proceed thereupon as by the said Act

is required.

Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679, &c. Regni &c. 31.

* 230.2XXXV. Kilb. Precedents 59. 60. A Record of the Conviction of cer∣tain Persons taken at a Conventicle.

Kent ss.

Memorand' quod' S. B. de Parochia de C. &c. (pro ut &c. 31. N. 2.) & quidam alius homo ignotus in toto se attingnut ad numerum octo personarum & quilibet eorum 3 die, &c. Anno &c. ultra aetatem, &c. & sub∣dit' &c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia &c. in Com. predict' Mercer, in predict' Parochia de S. eodem 3 Die, &c. Anno &c. Insimul assemblave∣runt & presentes fuerunt, & quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict' ad assemblati∣onem sub colore, &c. pro ut &c. & ad tunc & adhuc in pleno robore ex∣istent'.

Memorand' etiam quod predict' homo ignotus ad tunc & ibidem assumpsit super se docere in assemblat' predict' & ad tunc & ibidem docuit etiam con∣tra formam ejusdem Statuti.

Memorand' etiam quod predict R. Kite tempore supradicto scienter, Angl. wittingly, & voluntariè permisit assemblat' predict' fore tenend' in Domo Mansionali sua predict' etiam contra formam Statuti pre∣dict'

Record' quarum quidem separalium offensarum nos J. H. Miles, W.C.S. B. & R. K. Armigeri, Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict' causa assemblat', quibus secundum formam & effectum Statutorum dredictorum separales offensas predict' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus & Sigillis nostris 17 Die Apr. Anno &c. 27. supradicto apud C. predict' in Com. predict' fe∣cimus, predictique S. B. & predict' uxorejus H. S. &c.

R. K. & predict' Hom' ignot' de separalibus offensis suis in Record' pre∣dict' superius specificat' per Record' illud Virtute Statuti predicti plene & perfecte convicti sunt, & quilibet eorum inde separaliter plenè & perfecte Convictus est.

Et nos presati Justiciarij superinde Virtute Statuti predict' die Anno & Loco ultimo mentionat' super quemlibet offensorum Auglicè, Offenders, predict' sic ut prefertur ad assemblat' predict' present' Existent' pro separali offensa sua predict' finem 5 s. Imposumus.

Predictusque homo Ignotus pro offensa sua predict' eo quod ipse ut pre∣sertur assumpsit super se docere in assemblat' predict' & ad tunc & ibidem docuit, forisfecit Summam 20. libr. Virtute Statut' predict'.

Predict' K. Kite pro offensa sua predict' eo quod ipse ut prefertur per∣misit assemblationem predict' fore tenend' in Domo Mansionali sua pre∣dict' forisfecit Summam 20 libr. Virtute Statuti illius.

Et quia in Judicijs nostris putamus predict' H. S. fore pauperem & inha∣bilem solvere predict' finem 5 s. super ipsum pro offensa sua predict' eo quod ipse ut prefertur presens fuit ad assemblat' predict' ut prefertur impositum, & eo quod predict' fines 5 s. super predict' Hom' ignot' ego quod ipse ut prefertur presens fuit ad assemblat' predict' ut prefertur imposuit' de Bo∣nis et Catallis suis non potest, levari ideo ex discretionibus nostris pre∣dict' duos separales fines 5 s. ultimo mentionat' de Bonis et Catallis predict' ••.B. qui pre••ertur ad assemblat' predict' presens fuit ut nos prefat' Justiciarij apud C. predict' in Com. predict' eodem 17 die Apr. Anno 27 supradict' sevari adjudicavimus.

Et quia predict' homo qui ut prefertur assumpsit super se docere in assem∣blat' predict' et ad tunc et ibidem docuit, est extraneus, Angl', a Stranger, et nomen et habitatio sua incogn' existit, ideo ex discretionibus nostris pre∣dict'

summam 20 libr. per ipsum pro offensa predict' ut prefertur forisfact' nos prefati Justiciarij die anno et loco ultimo mentionat' de Bonis et Catal∣lis separalium personarum hic Postea Mentionat' levari adjudicavimus mo∣do et forma sequent' viz. de Bonis et Catallis predict' J. B. qui, &c. pro ut, &c. 9 l. et 10 s. inde, et de Bonis et Catallis C. B. qui etiam &c. pro ut &c. 40 s. inde, et de Bonis &c. predict' R. C. qui etiam &c. pro ut &c. C. S. inde resid' &c. ut in Recordo.

In quarum omnium rerum testimonium nos prefat' Justiciarij die Anno et loco ultimo mentionat' Manus et Sigilla nostra presentibus aposui∣mus.

XXXVI. Kilb. Precedents 62. 63.* 231.1 A Warrant to levy the Mony upon the Offenders 22 Car. 2. 1.

To the Constable and Borshoulder's Headboroughs and Tythingmen of the Hundred of M. and D. in the said County, and to every of them, and to the Church-wardens and Overseers of the Poor of the Parish of S. in the County aforesaid, and to every of them, and to all and every other Officers whom the Execution hereof may concern.

Kent ss.

Forasmuch as R. L. of the said Parish of S. Mercer, was this present day, according to an Act of Parliament to prevent and suppress Se∣ditious Conventicles lately made and provided, by us Convicted of his wittingly and willingly suffering an Assembly to be holden in his Dwel∣ling house in the said Parish of S. upon the 30. day of March now last past, un∣der colour of Exercise of Religion in other manner than according to the Li∣turgy and Practice of the Church of England, contrary to the form of the Act aforesaid, by which he hath according to the said Act, forfeited the Sum of 20 l. for his said Offence; These are therefore in his Majesties Name to command you, and every of you, forthwith to levy by Distress and Sale of the Goods and Chattels of the said R. K. the aforesaid, Sum of 20 l. and you, and every of you, are in his Majesties Name hereby fur∣ther commanded, that when you or any of you have, as aforesaid, levied the Sum aforesaid, that then they, or he, having so levied the same, do forthwith deliver the same to us or one of us, to be distributed according to the said Act; hereof neither you, nor any of you are to fail at your perils.

Given under our Hands and Seals at C. &c.

XXXVII. Kilb. Precedents 63. 64.* 232.1 A Condition of a Recognizance in case of an Appeal made touching Conventicles, on 22 Car. 2. 1. § 7. N. 1.

The Condition of this Recognizance is such, That whereas R. G. of R. in the within named County of Kent, Gentleman, was lately Convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish Church of S. within written, under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England, against the form of the Statute lately made to prevent and suppress Seditious Conventicles, and had therefore ac∣cording to the Statute aforesaid forfeited the Sum of 20 l. And for that in the Indictments of the said Justices they did think the said R. G. unable to pay the said Sum 20 l. they did therefore by their Discretions adjudge S l. thereof to be levied by Distress and Sale of the Goods and Chat∣tels of the within Bounden W. W. who was also according to the said Statute Convicted of being present at the said Assembly, contrary to the Statute aforesaid: And whereas the said W. W. was also by the said Justices Convicted, for that he at the time of the said Assembly was one of the Church-wardens of the said Parish, and knowing the said Assembly to be

holden within the same, did not give Information thereof to any Justices of Peace, nor endeavour the Conviction of the Parties which were at the said Assembly, nor of any of them, according to the Duty of his said Office, but wittingly and willingly did omit the performance of his Of∣fice aforesaid in the Execution of the said Statute against the form of the same, by which he forfeited the Sum of 5 l. And the said two several Sums of five pounds have by Warrant of the said Justices been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written appealed from the Justices aforesaid to the Judgment of the Justices of Peace of the said County in their next Quarter-Sessions; if there∣fore the said W. W. do prosecute the said Appeal with effect, that then this Recognizance shall be void or else it shall stand in full force.

And forasmuch also as the aforesaid Wife of S. B. is a Feme Covert cohabiting with the said S.B. her Husband, these are therefore &c. (pro ut supra &c.) forthwith to levy the aforesaid 5 s. so imposed upon her as aforesaid by distress &c. (pro ut &c.)

And forasmuch as a Man unknown did then and there take upon him to Preach or teach &c. (pro ut the record supra) You may levy 20 l. upon any the Offenders, as in your Judgments shall seem fit.

* 232.2XXXVIII. Kilb. Precedents 65. 66. 67. 68. A Warrant to levy the Mo∣ney upon the Offenders on 22 Car. 2. 1.

To the Constable &c. ut supra.

Kent ss.

Forasmuch as W. W. of the aforesaid Parish of S. Gent. one of the Church-Wardens of the said Parish: J. H. of the parish aforesaid Yeo∣man, the other Church-Warden of the said Parish, T. N. of the Parish a∣foresaid, Chandler, one of the Overseers of the Poor of the said Parish, J. W. the Elder of the Parish aforesaid, Yeoman, G. P. &c. W. H. of the Parish aforesaid Headborough of the North-borough in the said Parish, &c. were every of them this present day by us Convicted (according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) of being present in the Parish Church of S. aforesaid in the County aforesaid, upon Sunday the 19. day of June last past, between the hours of nine and twelve before Noon the same day, at an Assembly then and there held under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England, con∣trary to the form of the Act aforesaid, and we have by vertue of the said Act imposed upon every of the said Offenders so Convicted as aforesaid, a Fine of 5 s. for that his respective Offence;

These are therefore in his Majesties Name to Command you, and every of you, forthwith to levy upon every of the said Offenders respectively by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of 5 s.

And Forasmuch as R. G. of R. in the said County, Gent. did then and there take upon him to teach in the Assembly aforesaid, and did then and there teach against the form of the Act aforesaid, and was this present day by us according to the said Act Convicted of his said Offence, and he hath for the same forfeited the Sum Twenty pounds.

And for that in our Judgments we do think the said R.G. is unable to pay the said Sum so forfeited as aforesaid, we have therefore by our Discreti∣ons adjudged the same to be levied of the Goods and Chattels of the afore∣said W. W. J. H. D. P. & J. C. who as aforesaid were all of them present at the Assembly, and are thereof as aforesaid Convicted: And the same Sum of 20 l. to be levyed in manner following; that is to say, one C. S. thereof

of the Goods and Chattels of the said J. H. other one C. s. thereof of the Goods and Chattels of the said D. P. and the other one C. s. thereof residue of the Goods and Chattels of the said J. C.

These are therefore in his Majesties Name to command you, and every of you, forthwith to levy one C. s. parcel of the said Sum of 20 l. by di∣stress and Sale of the Goods and Chattels of the said W.W. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. H. and to levy other one C. s. other par∣cel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one C. s. residue of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. C.

And forasmuch as T. H. of the aforesaid Parish of S. Labourer, was this present day by us Convicted according to the Act aforesaid, of being present at the Assembly aforesaid, contrary to the said Act, and we have also by Vertue of the Act aforesaid imposed upon him a Fine of 5 s. for that his Of∣fence; and for that we do in our Judgments think the said T. H. poor and unable to pay the said Sum of 5 s. upon him, for his said Offence, imposed as aforesaid, we have therefore by our Discretions adjudged the same to be levyed of the Goods and Chattels of the said J. W. who as aforesaid is Convicted of the like Offence at the same Assembly; These are there∣fore in his Majesties Name to command you, and every of you, forth∣with to levy the said fine of five 5 s. by distress and Sale of the Goods and Chattels of the said J. W.

And for as much as T. H. of B. in the County aforesaid, Master, was was this present day by us convicted according to the Act aforesaid of be∣ing present at the Assembly aforesaid, contrary to the said Act, and for that the said T. H. heretofore committed the like Offence and according to the form of the Act aforesaid was thereof convicted, therefore he for his said Offence of being present at the Assembly herein before mentioned hath in∣curred the penalty of 10 s. These are therefore in his Majesties Name to command you, and every of you, forthwith to levy the said 10 s. by di∣stress and Sale of the Goods and Chattels of the said T. H.

And forasmuch as Mary the Wife of the said J. W. and E. the Wife of the said J. C. were both of them this present day by us Convicted,* 233.1 accor∣ding to the Act aforesaid, of being present at the Assembly aforesaid con∣trary to the said Act, and we have by vertue of the Act aforesaid imposed upon the said Mary a Fine of 5 s. for that her said respective Offence, and we have also by vertue of the said Act imposed upon the said E. a Fine of 5 s. for her said respective Offence, and for that the said Mary is a Feme Covert, cohabiting with the said J. W. her Husband, and the said E. is also a Feme Covert, cohabiting with the said J. C. her Husband, These are therefore in his Majesties Name to command you, and every of you, forth∣with to levy the aforesaid fine of 5 s. so imposed upon the said Mary as a∣foresaid by distress and Sale of the Goods and Chattels of the said J. W. and to levy the aforesaid Fine of 5 s. so imposed upon the said E. as afore∣said, by distress and Sale of the Goods and Chattels of the said J. C.

And Forasmuch as the aforesaid W. W. at the time of the said Assembly,* 233.2 was and still is one of the Church-wardens of the Parish of S. aforesaid, and the aforesaid J. H. then also was and still is the other Churchwarden of the aforesaid Parish, and the aforesaid T. N. then was and still is one of the O∣verseers of the Poor of the said Parish, and the said W.H. then was and still is Headborough of the Northborough in the Parish aforesaid, and every of them was this present day by us, according to the said Act Convicted for

that he knowing the Assembly aforesaid, in form aforesaid, to be holden within his aforesaid Parish, did not give Information thereof to any Ju∣stice of Peace, nor Endeavour the Conviction of the Parties aforesaid, or any of them, but wittingly and willingly did omit the Performance of his duty in Execution of the Act aforesaid, against the form of the said Act, for which offence every of them respectively hath forfeited the Sum of 5 l. These are therefore in his Majesties Name to Command you, and every of you, to levy the Sum of 5 l. by the said W. W. so forfeited, as is last be∣fore mentioned, by distress and Sale of his Goods and Chattels, and to levy, &c. (of the rest in like manner &c.) and you, and every of you, are hereby in his Majesties name further commanded, that when you, or any of you have, as aforesaid, levied the several Fines and forfeitures afore∣said, or any of them, that then they, or he so having levyed the same, do forthwith deliver the same to us, or one of us, to be destributed ac∣cording to the said Act; hereof neither you, nor any of you, are to fail at your peril.

Given, &c.

* 233.3XXXIX. Kilb. Precedents 70. 71. A Memorial of a Record of a Con∣venticle.

Kent ss.

A Memorial of the Account of the Moneys mentioned in the Record Certified at the Quarter-Sessions of the Peace holden for the said County at M. in the County aforesaid, on Tuesday next after the Close of Easter 1679. by Sir J. H. Knight W.C.S.B. and R. K. Esquires, four of his Majesties Justice of the Peace, of the said County, forfeited as in the said Record is mentioned, in an Assembly holden in the Dwelling-house of R. K. in the Parish of S. in the County aforesaid, under colour of Exercise of Religion in other manner than according to the Liturgy of the Church of England, upon the 30. day of March 1679.

His Majesties third part of the said Forfeitures by the said Justices ten∣dred into the Court of the General Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the close of Easter 1679. and by Appointment of the same by the said Justices paid to Sir J.C. Knight and Baronet, Sheriff of the said County, to his Majesties use, viz.

For R. C. xx d. and xx d. and xxxix s. iv d. 2 l. 2 s. 8 d. All which was levyed and paid to the said Justices since the last general Ses∣sions of the Peace holden for the said County at M. aforesaid, viz. sum∣ma patet.

And as concerning the Moneys in the said Record mentioned to be paya∣ble by the several persons here under named, his Majesties third part where∣of cometh to as followeth, viz.

	l.	s.	d.
R. B. xx d. and xx d. and iii l. iii s. iv d. in all	3	6	8
C. B. xx d. xx d. xx d. and 13 s. 4 d. in all	0	18	4
J. B. xx d. and xxiii s. iv d. in all	1	5	0
R. K.	6	13	9
in all	12	3	9

The said Justices do say, that they did upon the seventeenth day of A∣pril 1678 being the day of the Convictions of the Persons aforesaid for their Offences in the said Record mentioned, make out their Warrants for levying thereof, but they have not as yet received the same, or any part thereof, nor is the same, or any part thereof as yet levied, that they know of, though they have diligently inquired after the same

XL. Kilb. Precedents 72. 73.* 234.1 A Mittimus thereupon upon the first Offence by 22 Car. 2. 1. § 2. N. 2.

To the Constable and Borshoulders of the Hundred of A. and to e∣very of them, and to the Keeper of his Majesties Goal for the said County at B. in the County aforesaid.

Kent ss.

Forasmuch as C. B. was this present day according to the form of an Act of Parliament lately made (intituled an Act to prevent and sup∣press Seditious Couventicles) Convicted by Record by us (viz. two Ju∣stices) made of being present in the Parish of C. in the said County at an Assembly, Conventicle, or Meeting, under Colour or pretence of Exer∣cise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England, contrary to the Act aforesaid; and whereas we did upon the said Conviction Fine the said C.D. (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 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 in∣to the said Goal, and him there safely keep without Bail or Mainprise, by the space of (viz. not exceeding three Months) next after such delivery of him unto you; hereof fail not at your perils.

Given under our hands &c.

2. The like Mittimus (mutatis mutandis) to the House of Correcti∣on, if the Justices think fit to send the Offender thither, which they must not do if the Offender (or her Husband, if a Feme Covert) have 5 l. per Annum Freehold or Copyhold, or 50 l. in Goods.

XLI. Kilb. Precedents 73. 74.* 235.1 A Mittimus upon the second Of∣fence, 22 Car. 2. 1.

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 pre∣sent in the Parish of T. in the said County, at an Assembly (Conventicle, or Meeting) under colour or pretence of Exercise of Religion in other man∣ner than is allowed by the Liturgy (or practice of the Church of England, contrary to the Act aforesaid; and whereas we did upon the said convicti∣on Fine the said C. D. (viz. not Exceeding 10 l.) for his said Offence, and he did not pay the said Fine unto us: And forasmuch as the said C. D. hath been once before that time convicted of the like Offence, contrary to the Act aforesaid, 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, by the space of (viz. not Exceeding six Months) next after such delivery of him unto you; hereof fail not &c

2. The like Mittimus (Mutatis Mutandis) to the House of Correction &c.

* 236.1XLII. Kilb. Precedents 74. 75. A Mittimus upon the third Con∣viction.

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 be∣ing present at the Parish of T. in the said County at an Assembly, Conven∣ticle 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 En∣gland, 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-divisi∣on of this County, the next Assises, Goal-delivery, Great-Sessions or sitting of Oyer and Terminer in the County aforesaid, which shall first hap∣pen, 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 Co∣vert) 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 Commissio∣ned 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 Justi∣ces 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 pre∣vent 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.* 238.1 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 Sedi∣tious 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.* 239.1 A Mittimus thereupon upon the first Conviction.

To the Constable and Borshoulders of the Hundred of A. and to e∣very 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, (Con∣venticle 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 com∣mand 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 deli∣very 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 Con∣viction, ut supra.

XLVI. Kilb. Precedents 81 A Certificate for the taking the Oath ac∣cording to 16 Car. 2. 4. § 19. N. 1.* 240.1

Kent. ss.

I A. B. one of his Majesties Justices of the Peace of the Coun∣ty 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 re∣fuse 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.

* 241.1XLVII. 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 Borshoulders of the Hundred of A. and to e∣very of them.

Kent ss.

Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid, did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles, and contrary to the Act aforesaid, These are therefore in his Majesties Name to Charge and Command you, and every of you that you, some or one of you, do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence, and that you do pay the Moneys so le∣vied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish.

Given under our Hands and Seals the day of &c.

2. The like Mittimus, Mutatis Mutandis, if the Keeper of the House of Correction suffer the Offender to go at large.

* 242.1XLVIII. Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religi∣on.

To the Constable &c.

Kent ss.

Forasmuch as it hath been duely proved before us, that A. B. Keeper of his Majesties Goal at C. in the County aforesaid, did upon the 10. day of June last past permit E. F. being then a Person at large, to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made (Intituled an Act to prevent and suppress Seditious Conventicles) in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid; These are therefore in his Majesties Name to charge and command you, and every of you, that you some or one of you, do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence, and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Of∣fender did last inhabit in the said County for the relief of the Poor of the said Parish: Hereof fail not at your perils.

Given under our Hands and Seals the day of &c.

2. The like (Mutatis Mutandis) against the Keeper of the House of Correction, if he offend in the like Case.

* 243.1XLIX. Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction, 22 Car. 2.

To the Constable and Borshoulders of the Hundred of A. and to e∣very of them.

Kent ss.

Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles, Convicted by Record by us made, of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting, un∣der Colour or pretence of Exercise of Religion in other manner than is al∣lowed by the Liturgy or Practice of the Church of England, contrary to the

Act aforesaid, These are therefore in his Majesties Name to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Of∣fence aforesaid, and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish; hereof fail not at your perils.

Given under our Hands and Seals the day of &c.

2. The like for the second Conviction &c. and the like for a Peers suffer∣ing a Conventicle the first and second conviction.

L. Kilb. Precedents 868.* 244.1 A Mittimus for a Nonconformist &c. on 17 Car. 22. § 5. N. 1.

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 M. in the County aforesaid.

Kent ss.

Forasmuch as it hath been duly proved before us (viz. two Ju∣stices &c.) that A. B. Parson (Vicar, Curate, Lecturer or other Person in holy Orders, Stipendary or other Person, who hath been possessed of any Ecclesiastical or Spiritual promotion) who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle) upon the 12. day of &c. or &c. was within five Miles of D. a City (Town Corporate or Borrough that sends Burghesses to Parliament, or of any Pa∣rish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer, or taken upon them to Preach in a Conventicle) contrary to the form of the Statute in that Case made and provided, Intituled an Act for restraining Nonconformists from inhabi∣ting in Corporations: These are therefore in his Majesties Name, to will and require you to take the said A. B. and him convey to the Goal aforesaid, and there deliver him to the Keeper of the same, together with this Pre∣cept, commanding also you the said Keeper to receive him into the said Goal, and him there safely keep for six Months without Bail or Main∣prise; hereof fail not at your perils.

Given under our Hands and Seals &c.

LI. West. sym•••• 2 part 101 b. 102. sect. 95.* 245.1 An Indictment for absence from Church, &c. 1 Eliz. 2. § 14. N. 1. supra.

Essex ss.

Juratores pro Domino rege super Sacrament' suum presentant' quod cum in statuto in Parliament' Dom' Eliz. Dei Gratia &c. Anno regni sui primo tent' apud W. in Com. M. inter alia inactitat' & ordinat' existit quod post Festum Sancti Johan' Bapt' Anno Regni Dictae Dominae Reginae omnis & singula persona sive personae Inhabitant' in hoc Regno Angliae, aut aliquo alio Dominiorum dictae Dominae Reginae diligenter & fideliter ha∣bentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super ratio∣nabile impediment' aliquem usitatum locum ubi communes precationes & Divina servitia, in Actu illo mentionat' Celebrat' fuerint tempore talis im∣pediment' quodlibet die Dominico & alijs diebus ordinarijs & usitatis obser∣vari ut Feestivis Diebus, & tunc & ibidem man••re secundum ordinem & so∣briè durante tempore Precium communium Predecationum aut aliorum di∣vinorum Servitiorum ibidem utend' & ministrand' sub pena punitionis per censuras Ecclesiae & etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand' per Gardianos Eccle∣siae parochialis ubi talis offensa foret fact' ad usum pauperum Inhabitent'

ejusd' parochiae de bonis terris & tenementis offend' per medum districtio∣num pro ut in Statuto predict' Continetur.

Cumque T. R. de D. in Com. predict' Armiger, & A. uxor ejus uterque eorum existent' etatis 16 Annorum & Amplius ac existent' Parochiani Eccles. Parochialis de D. predict' in Com. E. predict' infra quam quidem Ecclesiam communes Precationes & alia divina Servitia in Statut' predict' specificat' post predict' Festum Nativitat' St Johan' Bapt' Anno primo supradict' scili∣cet Die Dominico proximo post Festum St. Mich. Archangeli, Anno Regni &c. & 12. diebus dominicis tunc proximè sequent' & 8. alijs diebus festivalibus easdem 12. dies Dominicas intervenient' Dicebantur & uteban∣tur predict' J. & A. non habentes legalem nec rationabilem Excusationem seu Impediment' abessendi ab Eccles. predict' in diebus predict' tempore predict' Communum precationum predictarum & divinorum' servitiorum' ibidem tunc Dictorum habitorum et ministratorum non solum non adnille∣bantur adire Ecclesiam parochialem de D. predict' existens eorum Ecclesiam consuetam in predicto die Dom. proximè post predictum Festum Sancti Mich. Archangeli Anno Regni &c. et predictis alijs 12. diebus Dominicis tunc proximum sequent' et predict' alijs 8. diebus festivalibus inter easdem 12. dies Dominicas intervenient' tempore predict' Communum Precatio∣num et divinorum Servitiorum ibidem in diebus illis dictorum Habitorum et Ministratorum, sed etiam odio Habent' et contemnent' Evangelium et salu∣bre Dei Verbum et dictum Dominum Reg. et Leges suas, seipsos voluntariè absentaverunt et uter{que} eorum voluntarie seipsum absentavit ab Ecclesia predict' die Dom. proxim' post Festum Sancti Mich. Arch' Anno Regni &c. et predict' 12. alijs diebus tunc proxime sequent' et predict' alijs 8. diebus festival' inter easdem 12. dies Dominicas intervenient' tempore pre∣dict' communum Precum, Predicationum et Divinorum Servitiorum ibidem in diebus illis dictorum habitorum et ministratorum, contra pacem et in con∣tempt' dicti Domini Regis nunc et Legem suam et Coronam et Dignitatem suam, ac contra form' Statut' predict' in pernitiosum Exemplum Malefacto∣rum &c.

the same ibid. 137 b. sect 240.

XLXII. Pract' Precedents &c. 50. 51. An Endictment for omitting the words of signing with the Cross in Baptism, contrary to 2 et 3 Ed. 6. 1. § 1. N. 8. et 1 Eliz. 2. § 4. N. 1.

Kanc. ss.

Juratores pro Domino Rege super Sacrament' suum presentant, quod quidam A. B. nuper de C. in Com. K. predict' Clericus, secundo die Sept' Anno Regni &c. Existens Vicarius Ecclesiae Parochialis de C. predict' eodem secundo die Sept' Anno supradict' apud C. predict' in Ecclesia Paro∣chiali de C. predict' in Com. predict' Sacrament' Baptismi cuidam Infanti Masculino Existent' filio Cujusdam' C. D. ad tunc de C. predict' in Com. pre∣dict' Yeoman, administrant' et ad tunc et ibidem in Ecclesia predict' ad eun∣dem Infantem masculinum illum, Haec Anglicana verba sequentia, And do sign him with the sign of the Cross; Quae quidem verba Anglicana menti∣onat' et expressa sunt in libro communis Precationis, Angl' the Book of the Common Prayer, ad tunc et ibidem voluntariè et obstinate dicere recusat et omisit in Dictae Communis Precationis derogationem et contrà formam Statuti in hujusmodi casu edit' et provis. nec non Contrà pacem dicti Do∣mini Regis Coronam et Dignitatem suas.

2. Ibidem 172. Another Endictment for not making the sign of the Cross in Baptism.

Middlesex ss.

Juratores pro Domino Rege super Sacrament' suum pre∣sentant quod A. B. nuper de L. in Com. predict' Clericus, fuit et est Minister Ecclesiae Anglicanae et Rector Ecclesiae Paroch' de L. predict' in Com. predict' per spacium 12. mensium ult' elaps' et per idem tempus de∣buit et debet cantare aut dicere communem Precationem, Anglice, the

Common Prayer, secundum, modum et ordinem libri vulgariter vocat', the Book of Common Prayer and Administration of the Sacraments, ac ad∣ministrare Sacrament' in Ecclesia predict' de L. predict' in tali modo et for∣ma pro ut mentionat' vel Edit' sunt in libro pred' predictus tamen A.B. apud L. predict' in Com. predict' per 12. menses in Ecclesia Parochiali predict' recu∣sabat uti et dicere nec usus est precationem Communem in Ecclesia Parochi∣ali de L. predict' in Com. predict' in tali modo et forma pro ut mentionatur in eodem libro, et quod predict' A. B. apud L. predict' in Com. predict' 24. die Martij Anno Regni dicti Domini Regis nunc &c. in Ecclesia Parochia∣li predict' Ministravit Sacrament' Baptismi cuidam Infanti cujusd' C. D. in alia forma quam in dicto libro Communis Precationis continetur, et non fa∣ciebat signum Crucis super frontem ejusdem Infantis in Ministrand' Baptis∣mum eidem Infanti, sed illud signum Crucis sic facere ad tunc et ibidem contemptuose recusavit et denegavit.

Ac etiam quod predict' A. B. 20. die Martij, Anno &c. ac dictis alijs diebus et vicibus apud L. predict' in Com. predict' in presentia quam Pluri∣morum ligeorum Dicti Domini Regis nunc ad tunc et ibidem presertim in publica Lectione sua in Ecclesia Parochiali de L. predict' in Com. predict' ad tunc et ibidem existent' malitiose et seditiose dixit et propalavit haec An∣glicana verba sequentia, viz. That using the Cross in Baptism is Idolatry, in defamationem libri predict' ac in contempt' dicti Domini Regis Coronam et Dignitat' suas.

LIII. Pract. Precedents 109. An Endictment for Blasphemy.

Middlesex ss.

Juratores pro Domino Rege super Sacrament' suum presen∣tant quod A. B. nuper de Parochia S. Buttolfi extrà Aldersgate in Com. M. predict' Gen' existens homo impius, prophanus et Irreligiosus, ac timorem Dei in corde suo non habens, sed instigatione Diabolica motus et seductus et veram et Christianam Religionem Infra hoc Regnum Angliae per diversa Statuta et Acta probat' et confirmat' scandalizare et vilificare nec non Sapi∣entiam Omnipotentiam et Majestatem Domini nostri Jesu Christi Blasphe∣mare intendens ac machinans 10. die Julij Anno &c. Apud paroch' predict' in Com. predict' haec falsa Impia Blasphematica et Heretica verba Italica in presentia et auditu diversarum personarum linguam Italicam bene Intelli∣gent' falso malitiose et advisatè Diabolicè Blasphematicè et Heretice dixit pronunciavit et alta voce publicavit, viz. Jesu Christo, Moyses, et Maho∣met furmo tre grand furbe; quae quidem verba Italica sic significant et in∣terpretantur et eundem sensum habent pro ut haec Anglicana verba sequen∣tià viz. Jesus Christ, (predictum Dominum nostrum Jesum Christum u∣nigenitum filium Dei Omnipotentis innuendo) Moses (Moysen magnum Prophetam in sacra scriptura nominat' innuend') And Mahomet were three great Rogues, ad grave Scandalum professionis verae Religionis Christianae, in contemptum et Blasphemiam Deitatis Domini nostri Jesu Christi et max∣imam Die Omnipotentis displicentiam, in malum et pernitiosum exemplum omnium aliorum in hujusmodi Casu delinquent' ac contra pacem dicti Do∣mini Regis Coronam et Dignitatem suas.

Replevin,

see Process, Cattle, Bailment,

Request,

see Process.

Restitution,

see Force.

Rescous & Resistance,

see Escape, Force.

Reparation,

see Ways.

Retorn,

see Certificate.

Recordare, & Removing,

see Certiorari.

Removal,

see Poor.

Revenue,

see Taxes.

Records,

see Pain.

Riot.

Rout, Affray, Force, Sheriffs, Tumults, War, As∣semblies, Rebellion, Insurrection.

I. LAmbert 2 cap. 5. pag. 173. Not only the Commission § 14. giveth Power to Enquire of Conventicles against the Peace, but sundry Statutes, also have devised many means and pains to meet with and to punish the same, whereas before they were punishable only as other Tres∣passes, though sometimes by a greater, and sometimes by a smaller Fine, as the Case it self required consideration, Crompt. 53 b. & 61. infra. Dalt. cap. 46.

II. Lambert 174. 175. 176. Of these Conventicles that bring manifest terror to the Subject, some consist of a number of People gathered toge∣ther disorderly, for the Cause of some one or of a few Persons, and do not Breed any general or present Danger to the Estate or Government, and yet be against Law, and be called Riots, Routs and Assemblies against the Law, against which the Statutes 13 H. 4. 7. & 2 H. 5. 8. & 19 H. 7. 13. were specially provided, and before that the penalty of the Statute of Northampton. 2 Ed. 3. 3. was laid upon them by 2 Rich. 2. 6.

2. But others there be that do savor of a more general Disobedience, and be in regard of the Number or Quarel, a very Seed of Rebellion, if not the Weed it self, and are therefore also sometimes Called Rumors, great Ridings, Routs and Riots against the Peace, 15 Rich. 2. 6 7 Rich. 2. 2. 6. Sometimes Assemblies of People in great Numbers in manner of Insurrection, 2 H. 5. 9. and sometimes Rebellious Insurrections and Rebellious Assemblies, 15 R. 2. 6. & 2. H. 6. 14. & 1 Mar. 1 St. 2. cap. 12. &c.

3. An unlawful Assembly is of the Company of three or more Persons disorderly coming together, forcibly to commit an unlawful act; as to Beat a Man, or to enter upon his Possession or such like, Crompt. 61. § 3.

4. A Rout saith Marrow, is such a Company so assembled for their own common Quarel, as where the Inhabitants of a Township come forceably together to throw down a Hedge, Ditch, or Pale, in Claiming their Com∣mon, Crompt. 61. § 4.

Or to Beat a Man that hath done unto them some publick Offence or Dis∣pleasure.

But 18 Ed. 3. St. 1. pag. 159. § N. speaking of Routs that are brought into the presence of the Justices, and 2 Rich. 2. 7. that treateth of Riding in great Routs to make entry into Lands, to beat Men, or to carry away their Wives, &c. do seem to understand the word Rout in a more ample and large meaning, Dalt. 217. cap. 85.

And therefore I will describe it thus. A Rout is a disordered Assembly of three or more Persons moving forward to commit by force an unlawful Act; for it is a Rout whether they put their purpose in full Execution or no, if so be that they go, ride, or move forward after their first moving. Riot, Br. 4 5. &c.

5. A Riot is thought to be where three or more Persons be disorderly Assembled to commit with force any such unlawful Act, and do according∣ly Execute the same, of the French Riotter to scold or brawl, because such manner of Acts be commonly accompanied with words of brawl, Crompt. 61. § 2. Dalt. 217. cap. 85.

6. And thus upon the whole Reekning an unlawful Assembly is the first degree or beginning, a Rout the next step or proceeding, and a Riot the full Effect and consummation of a Disordered and forbidden Acti∣on.

III. Lambert 176, 177, 178. But howsoever that stands, two special things there are that be common, and must concur both in the unlawful Assembly, Rout, and Riot. 1. That three Persons at the least be ga∣thered together; for so it is commonly holden at this day, as I have learn∣ed. 2. That their being together do Breed some apparent Disturbance of the Peace, either by signification of Speech, shew of Armor, turbulent Gesture, or Actual and Express Violence: So that either the Peaceable sort of Men be unquieted and feared by the Fact, or the lighter sort and busie Bodies be imboldned by the Example, Dalt. 218. cap. 85.

2. And in these matters not only the Fact it self, but also the manner of doing the same, falleth sometime justly into Consideration, in so much as the Lawfulness or unlawfulness of the thing it self that is done, or inten∣ded, doth not always excuse or accuse the Parties to a Riot, Rout, or un∣lawful Assembly, but so that the manner and Circumstance of the doing must also be brought into Judgment with it.

3. And therefore, saith Mr. Marrow, the manner of the doing of a lawful thing may make it unlawful, as if many in one Company Riding or going to the Sessions, Fair, Market, or Church it self, will ride or go Armed to the terror of the People; for although it be not only lawful, but meet and necessary also to go to the Church and Sessions, yet to go in such shew, it is altogether needless, disordered, and against the Law, Crompt. 62. § 74. Dalt. 221. cap. 87.

4. So if three or more shall enter into Land with a force, where their entry is otherwise lawful.

5. And contrarywise, an Assembly to do a wrong, saith he, may be so handled that it shall prove none of these Offences; as if I gather meet Company together to carry away a piece of Timber, which will not be moved without a good many, whereto I pretend right, though in Law it be another mans, Dalt. 219. 220. cap. 85.

6. And so also to do an unlawful thing, as if many do meet to play at Bowls, Tables, or Cards, and do use no misbehaviour against the Peace, they are not punishable in this degree, Crompt. 61 b. §. 6.

7. And yet if he that carrieth the Piece of Timber away will use dread∣full words, as to say, that he will carry it in spight of him that hath it; or that he will have it though he dye for it, or such like; his doing may then become a Riot, by Marrow, Crompt. 61 b. §. 8.

IV. Lambert 178, 179, 180. Furthermore, the Intention and purpose of those that be Assembled is worthy the weighing, for to use Horns on Midsomer-night in London or on May-day in the County for sport only, is no such Offence, seeing no terror followeth it; and the words in terrorem populi, seem to be material in an Indictment of this kind, Crompt. 61. § 7. 64. § 43. 3 H. 7. 1. Riots Br. 2.

2. So if the Sheriff or his Bailiff do levy People to serve the Kings Writ of Capias, or if a Constable do gather Assistance of Men with weapon to part an Affray, it maketh no Riot, 3 H. 7. 1. 10.

3. So if a Man, hearing that another will fetch him out of his House and beat him, do assemble company with force, it will be no unlawfull Assembly, for his House is his hold and Castle, Crompt. 64. pl. 42. & 70. pl. 2. Dalt. 217. cap. 85.

4. But if he be only threatned that he shall be beaten, if he go to the Market, then may he not assemble Company for his aid, because he need∣eth not to go thither, and he may provide for himself by Surety of the Peace, 21 H. 7. 39. per Fineux.

5. And if many be assembled, and none of them knoweth to what end, it can make no Rout nor Riot, as Marrow thought, till the Intent be known; for if the Master intend to make a Riot, and take his usual Servants with him, not foretelling them what he intended to do, and then committeth an Outrage with them, this is no Riot in them; for although he shall be punished, they shall be Excused. But otherwise it is if he make them privy to his purpose, for then they also shall be punished, by Marrow, and Repor∣ted by Dalison, Crompt. 61 b. 62. § 13.

And in the former Case it is not material, whether his number of Ser∣vants be above his degree, or no, so long as they be his Menials or House∣hold men, Dalison, Dalt. 220. cap. 86.

6. If many be at an Alehouse, a Christmas-Dinner, or Church-Ale and without any intent of an Affray they sodainly fall together by the Ears, and make it Lapitharum Convivium, yet this is no Riot, but a sodain Affray, because they had no such Intention, Crompt. 61 b. § 12.

But if in that Affray they shall be taken themselves to sundry parts, it may become a Riot, as Marrow thinketh, for then it is not the first, but a new Assembly as it were in his meaning.

7. And if twelve Jurors being committed to their Keeper, do fall out, and fight six against six, this maketh no Riot, saith Marrow, because they were lawfully Assembled, and were compelled to be in company to∣gether.

8. But if a number of Women or Children, under the Age of Dis∣cretion, do flock together for their own Cause, this is none Assembly punishable by these Statutes, unless a Man of Discretion moved them to assemble for the doing of some unlawfull act, as M.E. Marrow writeth, Dalt. 222. cap. 88.

Yet I remember well, that not many years ago, sundry Women were punished in the Star-Chamber, and that worthily, because putting off that shamefastness which beseemeth their Sex, they Arraied themselves in the Attire of Men, and assembling in great number, they most riotously pulled down a lawful Inclosure, Crompt. 62. infra.

9. Finally, Marrow noteth, that if the Mayor and Commonalty of a Town do Assemble and make a Rout in their Common Quarel, this Of∣fence shall be Judged and punished in their Natural Persons, and not in their Body Politick, Crompt. 62. § 18.

V. Lambert. 167, 168. The Stat. 2 Ed. 3. 3. of Northampton is of late days frequently put in ure for the punishment of forcible Entries, Crompt. 71 b. 72 a. Poult. de Pace 40. §. 28.

2. That Law 2 Ed. 3. 3. in Effect, and for this purpose, is thus; No Man whatsoever, except the Kings Servants and Ministers in his Presence, or in Executing his Precepts, or their Offices, and such as shall assist them, and except it be upon loyal Proclamation made for Arms to keep the Peace and that in places where such Acts do happen, be so hardy to come before the Kings Justices or other his Ministers doing their Office with force and Arms.

2 Ed. 3. 3. § 1. N. 2. Nor bring any force in Affray of the Coun∣try.

2 Ed. 3. 3. § 1. N. 3. Nor go nor ride Armed by night or by day in Fairs or Markets, or in presence of the Justices or other Ministers, nor in any place elsewhere, upon pain to forfeit his Armor to the King, and his Body to Prison at the Kings pleasure.

3. Upon this Statute 2 Ed. 3. 3. he that is put out, or holden out of his Land with force, useth to have at this day a Writ directed out of the Chancery, either to the Sheriff only, as F. N. B. 249. E. rehearseth it; for I find it not in the Register, or else Custodibus pacis ac Vicecomitibus & eorum cuilibet, as the common manner is.

4. Commanding that Proclamation be made upon 2 Ed. 3. 3. and that if any be afterwards found offending against the same, they shall be com∣mitted to Prison, there to remain untill some other commandment be giv∣en concerning them, and that their Armor and Weapon shall be prised, and the same answered to the use of the Kings Majesty.

VI. Lambert. 168, 169, 170. But forasmuch as that Justice of Peace to whom this Writ shall be delivered is to make Execution of the same as a Minister only, and is to certifie his doing therein, I think good to lend these few helps towards it.

2. At his coming to the Place where the force is supposed by the Writ, he may cause three Oyes for Silence to be made, with this or such ano∣ther Proclamation; The Kings Majesties Justice of his Peace straitly chargeth, and in his Majesties Name Commandeth all and every Person to keep Si∣lence whilst his Majesties Writ upon the Statute made at Northampton, in the second year of King Edw. 3. his noble Progenitor, delivered to the said Justice be read, and Proclamation be thereupon made accordingly, Crompt. 72 Ab.

3. Then may he read the Writ, or declare the Effect thereof in English: After that let three other Oyes be made, and thereupon may this Procla∣mation follow.

His Majesties said Justice doth in his Highnesses name, and by vertue of his said Writ, straitly charge and command that no manner of Person, of what Estate, degree, or condition soever, now being within the House of A. B. &c. named in the said Writ, shall go Armed nor keep force of Armor or Weapon, nor do any thing there or elsewhere in disturbance of

his Majesties Peace, or in Offence of the said Statute, upon the pains of losing his said Armor and Weapon, and of Imprisoning his Body at his Ma∣jesties pleasure, Crompt. 72 b.

God save the King.

4. This done, the Justice may enter and search whether there be any force or Armor of Weapon worn or born against this Proclamati∣on.

Or otherwise he may Enquire thereof by a Jury, for so the Writ it self doth Warrant him to do, Kilb. Precedents 193. infra.

5. And if any such be found, he ought to Imprison the Offenders, and to seize and appraise the Armor and Weapon so found with them.

But if upon the Proclamation made, they do depart in peacible manner, then hath he no Warrant by the Writ to commit to Pri∣son.

6. A form of Certificate or Return of this Writ into the Chancery, is thus, Crompt. 72 b. 73.

Upon the Writ it self these words may be endorsed;

Executio istius Brevis patet in quadam Schedula eidem Brevi consu∣ta.

And the Schedule may be thus; Dalt. 396. cap. 129.

Ego K. T Armiger, unus Custodum Pacis Domini Regis in Com. K. cer∣tifico in Cancellariam dicti Domini Regis, quod virtute istius Brevis mihi primo deliberat' 10. die Apr. Anno &c. publice proclamari ex parte dicti Domini Regis feci, quod B. cujus in dicto Brevi fit mentio pro ut in dicto Brevi precipitur, & quod quidem A. C. & D. E. de F. in Com. predict' La∣borers predict' proclamat' parvi pendentes post Proclamat' predict' ibidem sic fact' Armati fuerunt ac Armatam potentiam ibidem duxerunt, scilicet, Duas Galeas, unum Arcu', & decem sagittas, duos Gladios, & totidem pu∣giones in perturbationem pacis dicti Domini Regis ac terrorem populi sui; nec non in contempt' Statuti in dicto Brevi specificati manifestum, ac per∣inde dict' A.C. & D.E. una cum Armaturis suis predict' arrestavi & seisivi & eorum corpora ad proximam Prisonam dicti Domini Regis in Com. predict' Duci feci, ibidem moratura donec aliud a dicto Domino Rege pro ipsorum deliberatione habuero in mandatis: Armaturas etiam eorum predict' ap∣pretiari feci per A. B. C. D. & E. F. de B. predict' Yeoman; ad hoc Jura∣tos qui dicunt super Sacrament' suum predict' quod predict' duo Galea va∣lent 10 s. & quod dict' Arcus & 10. Sagit' valent 6 s. & quod Gladij pre∣dict' valent 20 s. & quod dict' Pugiones valent 5 s. & sic quod Armatura predict' valent' in toto 40 s. de quibus paratus sum respondere secundum te∣norem dicti brevis, in cujus rei testimonium huic presenti Certificationi meae Sigillum meum apposui. Dat' apud B. predict' Die & Anno supradict' Dalt. 396. cap. 129.

VII. Lambert 171 172. By this you have seen what one Justice of the Peace ought to do in the Execution of this Statute 2 Ed. 3. 3. as a Minister; and by the same you may also see what he may do therein of him∣self, Ex Officio, as a Judge, and without any Writ brought unto him.

2. For not only by the plain words of 2 Ed. 3. 3. § 1. N. 4. the Wardens of the Peace have Power within their Wards, and are Commanded to Ex∣ecute this Act upon a pain, but also by good Implication in the Commission § 14. it self, every Warden of the Peace hath the Statute of Northampton committed to his Charge.

3. So that both in the matter and manner the doing is all one, saving that if he do it as a Judge he needeth not to make any Proclamation, the Statute 2 Ed. 3. 3. being a Prohibition in it self; nor yet to send any Cer∣tificate into the Chancery, but only to make his own Record of that which he shall do in this behalf; and thereout to send some Estreat into the Exchequer, that the King may be answered of the Armor, or of the value thereof.

4. And here perhaps the Redemption of the Imprisonment may be at the Discretion of the same Justice, even as in 15 R. 2. 2. and 8 H. 6. 9. 'tis sure it seemeth to be, but therein my advice shall be the same that I gave them before.

5. Adjoyning this, that in the Execution of the Statute of Northamp∣ton 2 Ed. 3. 3. the Justice of the Peace hath to do with removing of the Force only, and may not meddle with any restitution of the Pos∣session.

VIII. F. N. B. 249. F. Rex Vicecom' &c. Quia datu' est nobis intelligi quod quamplures malefactores & pacis nostrae perturbatores in Conventi∣culis Congregati Armati & modo Guerrimo Arraiati apud C. accederunt & Clausas & domos quorundam ligeorum nostrorum ibidem per vim & po∣tentiam Armatam intrati & res' redditus & proventus ac alia bona sua quae∣cunque de quibuscunque possessionibus suis ibidem proveinent' capere con∣sentiunt & asportare intendunt & ad hoc parant in nostri contempt' ac quo∣rundam de populo nostro ibidem terrorem & commotionem manifestam ac contra form' Statut' apud Northampton de Armis contra pacem Domini E. nuper Regis Angliae terij progenitoris nostri non portand' editi et contra pacem nostram: Nos Statutum predict' inviolabiliter observari et idem in∣fringentes Juxta vim et effectum ejusdem Statut' Castigari facere volentes et puniri tibi precipimus quod apud villam de C. et alibi in Com. tuo ubi ne∣cesse fuerit publice proclamari et ex parte nostra firmiter inhiberi facias ne quis eujuscunque status sive conditionis fuerit ibidem Armatus contra pacem nostram ac form' Statuti predicti accedat nec armatam potentiam nec quicquam aliud ibidem seu alibi facere per quod Pax nostra seu Statut' pre∣dict' laedi vel populus noster terreri turbari aut indebite gravari poterit quo∣v••smodo sub paena Amissionis Armorum suorum et incarcerationem corpo∣rum suorum ad voluntatem nostram pro ut in Statut' predict' plenius conti∣netur: Et omnes illos quos post et contra Proclamationem et inhibitionem predict' inveneris contraria facientes vel per inquisitionem per te modo et forma debitis cap end' inveneris fecisse una cum Armis et Armaturis suis se∣cum invent' Arrestari et capi et corpora ipsorum arrestatorum in Prisona nostra quousque aliud a nobis pro deliberatione sua habueris in mandatum salve custodiri ac Arma et Armatura predict' appretiari et nobis inde Res∣pondere facias, nos vero in Cancellaria nostra sub sigillo tuo de nominibus Arrestatorum predict' ac de Armis et Armaturis suis et quid et cujusmodi fue∣rint et de pretio vel vero valore eorundem ac de toto facto tuo in hac parte reddatis distincte et aperte sine dilatione certiores hoc Breve nobis Remit∣tent' &c. Teste Crompt. 71 b. 72 a.

IX. Crompt. 72. Nota, if a Justice executes the Statute of Northamp∣ton 2 Ed. 3. 3. aforesaid, as a Justice, virtute officij, (for it is committed to his Charge by the Commission § 14) then he need not make any Procla∣mation as it seemeth, because a Proclamation is not mentioned in the Sta∣tute.

X. Crompt. 76 Ab. See of forc••ble Entries, the Writ of Northampton, F. N. B. 249. F. supra. 8. whereby it appears, that the Weapon and Ar∣mor of such as keep Lands with force after the Proclamation made upon the said Writ, shall be forfeited; and this is by reason of 2 Ed. 3. 3. that

saith, that none shall come before the Sheriff, Justices, or &c. with force when they are in doing their Office, nor shall bring any force in affray of the Peace, nor shall go or ride Armed by night nor by day in any place, on pain of forfeiture of their Armor to the King, and of their Bodies to Prison at the Kings will, and by 20 R. 21. § N. they shall make a Fine and Ransome to the King in that Case.

2. Nota, This word Armor is taken as well for Weapons as for Harness, as appears by the Writ of Northampton F. N. B. 249. F. su∣pra.

3. Nota that the Armor or Weapons that a Man hath, who keeps a House where &c. with force shall be praised and answered to the King as appears by the Writ F. N. B. 249. F. supra. &c.

4. A Servant in husbandry shall forfeit his Dagger, Sword or Buckler that he bears, if it be not in travelling with his Master, or in the business of his Master, or in defence of the Realm, by 12 Rich. 2. 6. § N. see 5 Eliz. 4. § N. which doth not take away the Statute.

* 249.1XI. Lambert. 126. An Affray may be without word or blow given, as if a Man shall shew himself furnished with Armor or Weapon, which is not u∣sually worn and born, it will strike a fear into others that be not Armed as he is, and therefore both the Statute of Northampton, 2 Ed. 3. 3. made a∣gainst the wearing of Armor and Weapon, and the Writ thereupon groun∣ded (supra.) do speak of it by the words Affray del pais & in terro∣rem populi.

* 249.2XII. Lambert. 181. 182. one Justice of Peace can neither make enqui∣ry of a Rout or Riot when it is done, Crompt. 61 b. § 9. Dalt. 109. cap. 46. nor assess any Fine, nor yet Award any Process for it, nor otherwise meddle with it in the very nature of a Rout or Riot, but only of a Tres∣pass against the Peace, or upon the Statute 2 Ed. 3. 3. of Northampton, or 8 H. 6. 9. of forcible Entries, &c.

2. And therefore if he hear of any Rout, or of any intention of a Riot, he alone, or with his Servants may go to the Place, and such as he finds riotously Assembled and Armed, he may Arrest to find surety of their good abearing, and may commit them to ward, if they refuse to give it, and may take their Weapons from them, Crompt. 62. pl. 19.

3. And if he come to the Place, and do not find them, yet coming thither, he may leave his Servants there to make such Arrest when they shall come; so also if he be sick, he may send his Servants to the Place to Arrest them.

4. And this is the Judgment of all the Court in that Case of Sir Thomas Green, 14 H. 7. 8. in the Book at large Grounded upon the words both of the Commission § 14 of the Peace, and as I take it, of 34 Ed. 3. 1. § N. for that which is found in the report of that same Case by Fitzh. Ju∣stices of Peace; 9 (Peace Br. 7.) having many other matters not extant in the Book of the Terms, seemeth rather to pertain to 13 H. 4. 7. § N. than to 34 Ed. 3. 1. § N.

5. But if one Justice of the Peace alone will take upon him to Record a Riot that he seeth, the Party shall not be concluded thereby, for he may Traverse it, infra.

6. And if the Justice will commit one to ward, pretending untruly that he did a Riot, where he did none, an Action of Trespass lyeth for the par∣ty against him, Fitz. J. P. 9. infra.

7. So that upon the whole matter, one Justice of the Peace alone may do somewhat to prevent a Rout or a Riot before it be done, and for the stay of it whilst it is in doing, but nothing in effect to punish it as a Riot or Rout when it is committed and done.

8. For as Judge Fineux saith, 14 H. 7. 8. in the Case of Sir Thomas Green, the Statute (which I take to be that of 34 Ed. 3. 1. rather than 13 H. 4. 7. which by express words requireth the presence of two Justices at the least) was given as a hasty remedy, and for to prevent a mischief be∣ing imminent, and before the eye, and therefore the Law shall largely construe the Authority of a Justice of Peace in that behalf, Crompt. 121 § 17. so that he shall neither need to make any Precept in writing, nor to be present in his own Person, but may use all reasonable means for prevention and stay of the Evil.

9. And yet the ordinary Power of punishing Routs and Riots resteth not in his hand alone, but rather belongeth unto two Justices of the Peace &c.

XIII. Lambert 309, 310, 311, 312. by 13 H. 4. 7. § 1. N. 1. If a Riot, Assembly, or Rout of People against the Law be made, the Justices of Peace, or three, or two at the least of them, and the Sheriff and Under-Sheriff of the County shall come with the Power of the County, if need be, to Arrest them, and shall Arrest them, Crompt. 199 Ab.

13 H. 4. 7. § 1. N. 2. And shall have Power to Record that which they shall find so done in their presence against the Law.

13 H. 4. 7. § 1. N. 3. And by that Record such Offenders shall be Con∣victed in manner and form as it is contained in the Statute of forcible En∣tries, (viz. 15 R. 2. 2.)

13 H. 4. 7. § 1. N. 4. And if such Trespassers be departed before their com∣ing, then these Justices of Peace, or three, or two of them, shall dili∣gently enquire within a Month after such Riot, Assembly, or Rout made, and thereof shall hear and determine according to the Law of the Land, Crompt. 199 b.

13 H. 4. 7. § 2. N. 1. And if the truth may not be found in the manner as aforesaid, then within a Month then next following, the said Justices and Sheriff, or Under-Sheriff, shall certifie before the King and his Coun∣sell all the Deeds and Circumstances thereof.

13 H. 4. 7. § 2. N. 2. Which Certificate shall be of like force as the ver∣dict of 12. Men, &c.

13 H. 4. 7. § 3. N. 1. And if such Offenders do traverse the matter so certified, then the Certificate, and Traverse shall be sent in B. R. to be tryed, and determined as Law requireth, infra.

13 H. 4. 7. § 4. N. 1. And that the Justice of Peace Dwelling most nighest in every County, or Under-Sheriff shall do Execution of this Sta∣tute, every one upon pain of one C l. to be paid to the King as oft as they shall be found in default.

2. Whereupon 19 H. 7. 13. § 1. N. 9. Addeth, that if the said Riot, Rout, or unlawful Assembly be not found by the said Jury, by reason of any Maintenance or imbracery of the said Jury, then the same Justices and Sheriff, or Under-Sheriff, shall also Certifie the Names of the Maintain∣ers and Imbraceors in that behalf, if any be, with their Misdemeanors, that they know; upon pain of every of the said Justices and Sheriff, or Under-Sheriff to forfeit 20 l. if they have no reasonable excuse for not Certifying the same. Lambert. 366.

19 H. 7. 13. § 1. N. 10. which Certificate so made shall be of like force as a Verdict, &c.

19 H. 7. 13. § 1. N. 11. And every Person duly proved to be a Maintainer or Imbraceor in the same, shall forfeit 20 l. to the King, and shall be com∣mitted to ward, there to remain by the Discretion of the Justi∣ces.

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3. Hereunto also 2 H. 5. 8. § 2. N. 5. adjoyneth further, that the Kings Liege People being sufficient to Travel, shall be assistant to these Justices Sheriffs, or Under-Sheriffs, when they shall be reasonably warned to ride with them in Aid to resist such Riots, Routs, and Assemblies, upon pain of imprisonment, and to make Fine and Ransom to the King.

2 H. 5. 8. § 2. N. 1. Provided always, that the said Justices, Sheriff, or Under-Sheriff, shall do their said Offices, at the Kings Costs in going, tarrying and returning, by payment thereof to be made by the Sheriff, by Indenture between him and them of the said payment, Lambert. 365.

2 H. 5. 8. § 2. N. 2. And that such Rioters attainted of great and heynous Riots, shall have one whole years Imprisonment at the least, without being let out of Prison by Bail, Mainprise, or in any other manner, during the year aforesaid.

2 H. 5. 8. § 2. N. 3. And that Rioters attainted of petty Riots, shall have Imprisonment as best shall seem to the King, and to his Coun∣sell.

2. H. 5. 8. § 2. N. 4. And that the Fines of such Rioters attainted shall be by the same Justices Increased and put in greater Sums than they were wont to be put in such Cases before that time, in Aid and supportation of the Costs of the Justices and other Officers aforesaid in this be∣half.

4. Now by 2 H. 5. 9. § 2. N. 1. If it be witnessed by two Justices of the Peace, and the Sheriff, by letters under their Seals to the Lord Chancellor of England, that any Murders, Manslaughters, Batteries, Robberies, Assemblies of People in great number in manner of Insurrection, or other Rebellious Riots, have been done, and that such Offenders have withdrawn themselves to the intent to Avoid the Execution of the Common Law, then 2 H. 5. 9. § 1. N. 3. The Lord Chancellor may make a Writ of Capias, and 2 H. 5. 9. § 1. N. 6. if need be, a Proclamation &c.

Which Statute 2 H. 5. 9. Was made to endure to the next Parliament, and so discontinued; but it was revived by 8 H. 6. 14. § 1. N. 15. and made perpetual, which 8 H. 6. 14. § 1. N. 11. moreover ordaineth, that before this Writ of Capias shall be awarded, two Justices of the Peace, and the Sheriff of the Shire where such Riot is supposed, ought to witness that the common Voice and Fame runneth in the said County of the same Riots, 8 H. 6. 14. § 2. N. 1.

XIV. Lambert. 313, 314, 315. Forasmuch as the Power given by 17 Rich. 2. 8. § N. for repressing of great Assemblies and Riots was deli∣vered with such conjunctive and general words, viz. To the Sheriffs, and other the Kings Ministers, that it was often doubted not only who were ment by the word Ministers, but also whether the Sheriff, and any of those Ministers apart, might perform the Service, or that they ought all to joyn together therein, Crompt. 62. § 15. infra.

2. Therefore this Statute 13 H. 4. 7. § N. cleareth those Questions and putteth express Power into the Hands, of any three, or two Justices of the Peace, and of the Sheriff, or Under-Sheriff, not only to Arrest such Riotors, but also to Convict them of their Offences, by recording of that which they should see to be done against the Peace, Dalt. 217. cap. 85.

3. And this Authority of Assembling the Power of the County, and of Arresting and Imprisoning the Rioters, was once before this time, namely 2 Rich. 2. 7. committed to some, but it was by and after, even in the self same year of the same King, 2 Rich. 2. St. 2, cap. 2. resumed as a thing overhard to be born, that a Free-Man should be Imprisoned without an In∣dictment

or other Tryal by his Peers, as 9 H. 3. 29. Magna Charta speak∣eth, untill that the Experience of greater Evils had prepared and made the Stomack of the Commonwealth able and fit to digest it.

4. Now whereas here 13 H. 4. 7, § 1. N. 1. is mention of the Power of the County, by virtue of those words Master Marrow thinketh that the Ju∣stices of the Peace, Sheriff, or Under-Sheriff ought to have the aid and attendance of all Knights, Gentlemen, Yeomen, Laborers, Servants, Apprentices and Villains, and likewise of Wards, and of other young Men that be above the Age of sixteen years, because all of that Age are bound to have Harness by the Statute of Winchester, 13 Ed. 1. St. 2. cap. 6. § 1. N. Dalt. 113. cap. 46.

5. But by 13 H. 4. 7. §. 1. N. 1. Women, Ecclesiastical Persons, and such as be decrepit, or do labor of any continual infirmity, shall not be compel∣led to attend; for the Statute 2 H. 5. 8. § 2. N. 5. which also worketh up-the same Ground saith, That Persons sufficient to travel shall be assistant in this service.

6. And on 13 H. 4. 7. § 1. N. 1. It is referred to the Discretion of these Justices, Sheriff, or Under-Sheriff, how many, or how few they will have to attend upon them in this business, and how, or in what sort also they shall be armed, weaponed, or otherwise furnished for it, Crompt. 62 b. pl. 20.

7. But be it that Information be made to these Justices, and Sheriff, or Under-Sheriff, that certain Persons be riotously assembled at Dale, and they do thereupon gather People to suppress them, and when they come to the Place, they find no Riot there; yet are they Excusable for this Assembly o•• Power so made by them, because they did it by Information, Crompt. 64 b. pl. 49.

8. And although they do so much without any Information, yet if they find a Riot when they come to the place, they shall not only be Excused for calling together such company upon their own motion, but may also lawfully proceed to punish the Offenders, Justices, &c. Fitzh. 9. Crompt. 64 b. pl. 59. Dalt. 110. cap. 46.

9. And this they ought to do by Arrest, if they be present, Crompt. 65. pl. 53.

10. In the Execution of which Arrest, they may also Justifie the beat∣ing, wounding, or Killing of any of the Rioters that shall resist it, Crompt. 62 b. pl. 20.

11. So if they meet with the Offenders in their way Riotously Arrayed, and coming from the Place, they may nevertheless Arrest them for their unlawful Assembly, Crompt. 63. pl. 32.

12. And after this Arrest so made, the Power of the County ought to aid the Sheriff, for Conveying the Rioters unto the Goal, without which the Arrest were but a Nugation.

13. And in this point, it differeth by the Opinion of Marrow, from the Arrest of Felon, by Hue and Cry; for there, saith he, when they have once delivered the Felon unto the Sheriff, they are no longer compel∣lable to wait upon him.

XV. Lambert. 315, 316, 317. The Arrest thus made, these Justices,* 249.3 Sheriff, or Under-Sheriff, ought to make a Record in writing of that which they see and find; the which since it is a Conviction in it self against the Offenders, ought to be formal and certain as well for the time and place, as for the Number, Weapon, manner, and other Circumstances; for the Parties shall be concluded thereby, and shall not be received to traverse or deny it, because the view of a Riot, as Mr. Fitzherbert saith, is not to be traversed.

2. Insomuch as if they either do Record that they saw a Riot, wherein truth there was none at all, or that it do afterwards appear by the Record it self, that that Act which they recorded doth not amount to a Riot, yet be the Parties without any remedy, Crompt. 63. pl. 33. 65. pl. 55, 56. Dalt. 109. cap. 46. infra.

3. And if a Man be bound to the Peace, and afterwards such a Record of a Riot is made against him and others, he shall neither justifie, as Mr. Marrow holdeth, nor plead not Guilty in a Scire Facias upon his Recog∣nizance.

4. If therefore a Man be slain or maimed, or a Rescous done to the Officer by such a Riot, then the Record ought to be Riotose occiderunt, or Ri∣otose Mahemaverunt, or Riotose Rescusserunt, and not Felonice nor simply Rescusserunt, because their Authority in this Case is restrained to the Riot only, and extendeth not to the Felony.

But so that the Parties may, notwithstanding that Record, plead not Guilty to the Felony, or to the Rescous, howsoever for the Riot they are Estopt.

5. And this Record ought to remain with the one of them, and they, and none other Justices of the Peace, shall Imprison the Rioters and assess their Fine, by Marrow.

Which Fine they are willed by 2 H. 5. 8. § 2, N. 4. to put in greater Sums then they were wont to be put in such Cases, for supportation of the Costs of the said Justices, and other Officers in this behalf, as well in go∣ing and tarrying, as retorning, whereof payment ought to be made by the Sheriff by Indenture thereof between him and them.

6. But if the Rioters shall Escape after that these Justices, Sheriff, or Under-Sheriff, do come and see the Riot, then can they neither Arrest them at any other time, saith Mr. Marrow, nor Award Process against them upon that Record which they do make, Crompt. 63 b. pl. 38.

And then that Record must be sent into B. R. from which place Process may be made upon it, where also the Parties shall not be admitted to any Traverse, but must of necessity make Fine for their Offen∣ces.

7. And now, if these Justices, Sheriff, or Under-Sheriff, shall go to see one Riot, and then another Riot falleth out in their presence, yet may they make a Record of that, by Marrow.

So if they be assembled for some other Cause of Service, or for some pri∣vate business; as for an Arbitrement or such like matter; and a Riot happeneth to be committed in their sight, they may Record it, by Marrow.

8. Likewise if the Rioters shall make a Riot upon the Justices and She∣riff that do come of purpose to Arrest them from the former Riot, they may Record that also, by Marrow.

And so may they, as I think, Record any Riot that shall be done upon themselves, whilst they be assembled for any other Cause than for to suppress a Riot, though Mr. Marrow seemeth to deny it.

XVI. Lambert. 318. 319. If two Justices of the Peace, without the Sheriff, or Under-Sheriff, shall see certain Persons in doing any Riot, they may cause them to be Arrested, and may make a Record of that of∣fence, whereof the Parties shall be for ever Concluded, Justices of Peace 9. whereto Fitzh. addeth in his Book of Justices of Peace 17. that if two such Justices shall make such a Record, wherein truth they see no such Riot, that yet the Parties shall be Estopt, and are without reme∣dy.

2. How this Record may be made without the Sheriff or Under-Sheriff, since none other Statute but 13 H. 4. 7. gives this Power of recording, but this only, I cannot hitherto perceive, unless it be understood of a Riot committed in their presence whilst they be sitting in judicial place, as in the Sessions, or at the least done to their disturbance when they be coming unto Sessions; and so far in this way with him goeth 7 Ed. 4. 18. pl. as well as 14 H. 7. 8. Justices &c. 9.

XVII. Lambert. 319. 320. The Recording of a Riot by the Justices, and Sheriff, or Under-Sheriff, Crompt. 66 b. Dalt. 397, cap. 130. Poult. de Pace &c. 86. § 8.

Kent ss.

Memorand' quod 20. die Jan. Anno Regni &c. nos E. H. Miles, & J. L. Miles, duo Justiciariorum dicti Domini Regis ad pacem in Com. predict' &c. assignatorum, & M. B. ad tunc Vicecomes ejusdem Comitatus ad gravem queremoniam & humilem petionem A. B. de C. in dicto Comi∣tatu Yeoman, in proprijs personis nostris accessimus ad Domum man∣sionalem ipsius A. B. in C. predict' ad tunc & ibidem invenimus D. E. F. G. H. J. de C. predict' Laborers, ac alios malefactores & pacis dicti Domini Regis perturbatores ignotos ad numerum decem perso∣narum modo guerrino Arraiatos, viz. Gladijs, Pugionibus, Galeis, Loricis Ar∣cubus & Sagittis illicitè & riotosè Aggregatos, & eandem Domum obsiden∣tes & multa mala in ipsum A. B. comminantes in magnam pacis dicti Do∣mini Regis perturbationem ac populi sui terrorem, & contra formam Statu∣ti in Parliament' Domini Henrici nuper Regis Angliae quarti, Anno regni sui 13. tento editi & provisi, ac propterea nos prefati E. H. ct J. L. & M. B. predict' D. E. F. G. H. J. &c. tunc & ibidem Arrestari ac proximae Goalae dicti Domini Regis in Com. predict' Duci fecimus per visum & recordum nostrum de illicita Congregatione & Riota predict' convictos, ibidem mora∣turos quousque finem dict' Domino Regi pro inde fecerint; incujus rei in Testi∣monium huic presenti Recordo nostro sigilla nostra apposuimus. Dat. apud predict' die & Anno primum predictis.

2.* 250.1 The Mittimus for conveying the Rioters to the Goal may be easily (with a few words of change) framed out of that which is in Tit. Force 24. Dalt. 398. cap. 130.

XVIII. Lambert. 320, 321, 322. But now,* 250.2 as the Laws have laid down this Order of proceeding against the Riotors that shall be apprehended in their Offence, so have they also provided that if the Offenders be gone, yet their Fault shall not escape with them.

And therefore these Justices are commanded first to enquire of that by others, which they, and the Sheriff, or Under-Sheriff, did not see and find, and if the truth may not thereby be found, then to certifie what be the Impediments.

2. To this enquiry the Sheriff, or Under-Sheriff, be not associated as they were before in Arresting the Rioters, and recording their disorder, because they are now Ministers for returning of the enquiry, and there∣fore to be spared from being Judges therein, Crompt 67 b. infra.

3. And albeit these Justices do not go to see the Riot, as 13 H. 4 7. § 1. N. 1. biddeth, yet may they enquire thereof within the Month after, Dalt. 110. cap. 46.

4. Every Juror of this Enquiry ought to have lands in that County to the value of 20 s. by the year, of Freehold, above all charges, or 26 s. 8 d. of Copyhold, or of both: Upon every of which Jurors the Sheriff ought also to return 20 s. in issues at the first day, and 40 s. at the second day, 19 H. 7. 13. § N. Crompt. 67.

5. Moreover where 13 H. 4. 7. § 1. N. 4. saith that the same Justices shall enquire, yet if any other Justices of Peace there, and not they shall do it, that will suffice, by Marrow.

6. Neither is it of such necessity to have enquiry within the Month by 13 H. 4. 7. § 1. N. 4. that for default thereof the Presentment shall be void; for the Justices of Peace may enquire thereof at any time by force of their Commission § 14.

But if it be not within the Month, every of them that be the next Justices is in Danger to lose 100 l. for it, by 13 H. 4. 7. § 4. N. 1. Lambert. 366.

And therefore if these Justices do charge the Jury within the Month, and do give day unto them for yielding their Presentment after their Month, the Statute 13 H. 4. 7. § 1. N. 4. is not offended by it, by Mar∣row.

7. But if it happen the Parties to fall to an accord amongst themselves, so as none of them will solicite the Justices to make the enquiry, yet ought the Justices to proceed ex officio, as knowing that either some of the Jury may have knowledge of the Fact, or that upon Proclamation made to give Evidence for the King, some other Persons may come forth ready to inform them, Crompt. 62 b. pl. 24.

8. The truth of the matter being found by this Enquiry, these Justices have Authority by this Statute, not only to make out Process against the Offenders, under their own Teste, but also to commit them to prison till they make their Fine, and to deliver them after payment of the same, or upon Sureties taken for it, or otherwise to receive their Traverse, and thereupon if the matter will so serve, to discharge and dismiss them.

9. For to all these Effects, as I think, the words 13 H. 4. 7. § 1. N. 4. (hear and determine according to the Law of the Land) do lead and enable him.

* 250.3XIX. Lambert. 322, 323, 324. On the other side, if by this enquiry the fault be not brought to light, being hindred either by the malicious perversity of the Jurors, or by the unlawful maintenances, countenan∣ces, or embracery of other Men that put themselves into the cause, yet ought there by 13 H. 4. 7. § 2. N. 1. within one Month after such enquiry, a Certificate to be made as well of the names of the Principal Offenders, and of so much of the Fact and Circumstances thereof, as may by any ways or means appear, as also of the names of such Maintainors, and Imbracers and of their Misdemeanors in this behalf, Crompt. 167 b. 863. pl. Dalt. 120. cap. 46.

2. And here 13 H. 4. 7. § 2. N. 1. the Sheriff, or his Under-Sheriff, is once more called to this service, and joyned with these Justices, who by reason of his presence at the enquiry may both help to espie the Evil, and add force and credit to the Certificate, the end of which Certificate is but only to put the Offenders to Answer, Crompt. 63. pl. 33.

3. For although the words of the Statute 13 H. 4. 7. § 2. N. 2. do make the Certificate equal in force with the Verdict of 12. Men; yet forasmuch as it followeth in the same Statute, 13 H. 4. 7. §. 3. N. 1. that the Certi∣ficate may be traversed, that is a plain Proof that it is no Conviction at all, but is only in the nature of a Declaration, Presentment, or Endictment at the common Law.

4. And therefore also it ought to comprehend the certainty of the time, place, persons, and other Circumstances, though perhaps, as Mr. Mar∣row holdeth it, needeth not to express the Additions of the Parties, as not being within the words of 1 H. 5. 5. § N. because no Process of Utlary doth lye upon it, Crompt. 63. pl. 31.

5. And whereas the enquiry is good by 13 H. 4. 7. § 1. N. 4. though it be had after a Month from the Offence committed, this Certificate, 13 H. 4. 7. § 2. N. 1. saith Mr. Marrow, is not good unless it be made within the Month after the enquiry, because the Power of certifying is given by the Statute only, which is the Warrant that they must persue.

6. However, where the Statute 13 H. 4. 7. § 2. N. 1. willeth that they shall certifie before the King and his Council, it seemeth to me that the same ought to be done, either to the Body (and Boord of the Privy Coun∣cil, or into the Star-Chamber at the least, because that the Statute it self doth by express words 13 H. 4. 7. § 3. N. 3. distinguish the King and his Counsel here both from the Chancery, and from the Kings Bench, which in many other Cases be taken for the King and his Council also, Crompt.

7. And this I do the rather note, because I have read of Certificate of this kind, sent by Justices of Peace into the Star-Chamber, for that it is penal in those Justices, Sheriffs, or Under-Sheriffs, if they shall not address their Certificate as the Statute doth appoint them.

8. But now, if two Justices and the Sheriff go to see a Riot, and other two Justices make the enquiry, then the one sort, or the other of them, with the Sheriff, or Under-Sheriff, may make the Certificate, by Marrow, Dalt. 121. cap. 46.

9. And if four Justices, the Sheriff, and Under-Sheriff, go to see a Riot, and two of those Justices, and the Sheriff, Joyn in one Certificate, and the other two, and the Under-Sheriff, joyn in another Certificate, then the Certificate whereunto the Sheriff is party, shall be preferred, be∣cause the Authority of the Under-Sheriff is overshadowed by the Sheriffs own presence, by Marrow: But otherwise, if two Certificates be e∣qual then that, shall be preferred which is best for the King.

10. And the same Rule must hold where the Enquiry and Certificate shall disagree; for if the Enquiry shall find that the Riot was made by twelve Persons, where in truth it was made by a hundred; or if the En∣quiry be of twelve persons, and the truth is that those twelve were Har∣nassed; or if the Endictment be of a Riotous Assault only, and the Riotous did both make an Assault and did beat and Wound, in these and the like Cases the Certificate may well be made so, as the omission in the Enqui∣ry shall be supplied by it, by Marrow, Crompt. 63 b. pl. 37. 39

Howbeit, he saith, that if they shall vary only in the day, then the Endictment shall be preferred.

11. And if after the Enquiry, and before the Certificate, the Sheriff, dye, or one of the Justices be put out of the Commission, no Certificate can then be made, by Marrow, infra.

But if the Riot were recorded by the Justices and Sheriff, and the Rioters do escape, yet may that Justice of the Peace so put out of the Commission, ioyn with the other Justice, and the Sheriff in their Certificate of the same, by Mar.

But if the Riot were recorded by the Justices and Sheriff, and the Rio∣ters do escape, yet may that Justice of the Peace so put out of the Commission, joyn with the other Justice, and the Sheriff in their Certificate of the same by Marrow.

XX. Lambert. 325, 326, 327. Upon which words 13 H. 4. 7. § 4. N. 1. these notes may be gathered.

1. That no Justice of Peace, dwelling out of the County where the Riot is, can be charged, although he be the next unto the Place, Crompt. 63 b. pl. 34.

2. That if any Justices that be not next unto the Place shall Execute the Statute, then that will Excuse those Justices that be the next, because they all have Power by the first part of the Statute 13 H. 4. 7. § 1. N. 4. Crompt. 62 b. pl. 26 infra. Crompt. 63 b. pl. 36.

Yea, all the Justices of the Peace within the Commission and County ought to supply the default of the next Justices, if they have notice of such unlawfull Assembly, Rout, or Riot; for so was it lately adjudged in the Star-Chamber, Crompt. 62 b. § 21 infra.

Howbeit that penalty of 100 l. 13 H. 4. 7. § 4. N. 1. was there laid upon the next Justices only, and the residue were fined by the Discretion of that Court, according to the Exigence and temper of their fault, Lambert 366.

3. It is to be gathered, that if one or two of the Justices of the Peace that be next to the place, shall come to Execute the Statute, and the She∣riff, or Under-Sheriff, do not come at all, yet those Justices shall be Ex∣cused for their 100 l. Crompt. 63 b. pl. 35.

And Mr. Marrow thinketh that in this last Case the Justices be bound to send for the Sheriff, or Under-Sheriff, and not they for the Justices, Crompt. 62 b. pl. 22.

And in the same Case also it seemeth that the Justices shall be fined if they Arrest not the Riotors, or do not moreover all that which without the Sheriff, or Under-Sheriff, they are herein by any way Authorized to perform, infra.

4. That they shall do Execution of this Statute, 13 H. 4. 7. that is to say, of all and every part thereof respectively, as to such Justices, She∣riff, or Under-Sheriff, is thereby appointed.

But whether they are to take notice of such Riots at their peril, or may safely expect the Information thereof, I find it both doubted and undeci∣ded, Dyer 100, pl. 25. infra. Dalt. 110. cap. 46.

XXI. Lambert 327, 328, 329. The Precept to the Sheriff for Enqui∣ry upon a Riot: Crompt. 66 b. Dalt, 398. cap. 130. Kilb. Precedents 193. Poult. de Pace 26 b. § 9.

M. S. Miles, & M. H. Armiger, duo Justiciariorum &c. assignatorum Vicemomiti ejusdem Comitatus, salutem,

ex parte dicti Domini Regis tibi precipimus quod Venire Facias coram nobis apud J. in Com. predict' 29. Jan' proximum futuro 24. probos sufficientes & legales homines de Comita∣tu predicto, quorum quilibet habeat terras & tenementa infra dictum Comi∣tat' liberi tenement' per chartam ad Annuum valorem 20. solid' aut per Copi∣am rotulorum curiae ad Annuum valorem 16. solid' & 8. denar' aut per utrum∣que ultra omnes reprisas ad inquirend' pro dicto Domino Rege ac pro in∣demnitate nostra in hac parte super Sacrament' suum de quibusdam illicitis aggregrationibus & Riotis apud C. in Com. predicto nuper commissis ut dicitur & hoc nullatenus omittas sub paena 20. libr. quam incursurus es si in Executione premissorum defeceris, & habeas ibi tunc nomina Juratorum predictorum & hoc preceptum.

Datum sub sigillis nostris 20. die Jan' Anno Regni &c.

2. The Entry of the Presentment or Enquiry, Crompt. 67. Dalt. 358. cap. 130. Pault. de Pace 26 b. § 9.

Kent ss.

Inquisitio pro Domino Rege &c. Capt. apud S. in Com. predict' 20. die Jan. Anno Regni &c. coram M. S. Milite, & M. H. Armiger', qui ad hoc Jurati & onerati dicunt super Sacrament' suum predictum quod' D. E. F. G. H. J. simul cum alijs Malefactoribus & Pacis dicti Domini Re∣gis perturbatoribus ignotis ad numerum 7 personarum modo guerrino Ar∣raiati Vi & Armis, viz. Hawberdis, Gladiis, Arcubus, & Sagittis 20. die mensis Januarij ultimo predicto apud C. in Com, predict' inter horas octa∣vam & nonam Post Meridiem ejusdem diei domum Mansionalem A. B. de C. predect' Yeoman, scituat' in C. predict' Riotose fregerunt & intraverunt

& in ipsum A. B. tunc & ibidem insultum fecerunt ac ipsum tunc & ibidem verberaverunt vulneraverunt & indignis modis tractaverunt ita quod de vi∣ta ejus desperabatur, in magnam Pacis dicti Domini Regis perturbationem & Populi terrorem ac contra formam Statuti de Riottis, Routis, & Con∣gregationibus gentium illicitis in Parliamento Domini H. nuper Regis Angl. 4. Anno Regni sui 13. tento provisi & editi.

3. And as for the Certificate, 13 H. 4. 7. § 2. N. 1. which ought to be made to the King and Counsel, that may be done in English by way of a Letter, comprehending the truth of the matter present, as the case shall require.

XXII. Crompt. 12. Ab. Nota, This Precept, supra, is not to bring a Jury from any special place but to Summon 24. within the County, by 19 H. 7. 13. § N. otherwise it is in the Case of 8 H. 6. 9. § N. of for∣cible Entries.

2. Nota, Though that the Sheriff of the County shall be a Party to the recording of a Riot by 13 H. 4. 7. § 1. N. 2. yet he ought not to sit up∣on the Inquisition with the Justices, because this is not given by the said Statute 13 H. 4. 7. § 1. N. 4. but he may be there as Sheriff, Lambert. 32. supra.

XXIII. Crompt. 61 § 1.* 252.1 At the Common Law a Riot was punisht as a Trespass, and the Fine was according to the quantity of the Offence by Marrow Lect. 8. and Imprisonment is given by the Statutes thereof made, Lambert. 173. supra.

XXIV. Crompt. 61 b. § 10. If the Justices and Sheriff, or Under-She∣riff, Record the Force, and do not commit the Riotors to Prison, or if they commit them, and do not Record the Force, they shall pay every one 100 l. by 13 H. 4. 7. § 4. N. 1, (supra 18. N. 2. & 20. N. 3.) because they have not Executed the Statute according to it, for the Statute 13 H. 4. 7. § 1. N. 1. is that they shall Record and commit.

XXV. Crompt. 62. § 21. If the two Justices nearest to the Place, where &c. and the Sheriff, or Under-Sheriff do not Execute the said Statute of of 13 H. 4. 7. § 4. N. 1. they shall pay every one 100 l. and the other Justi∣ces of the same County where the Riot was made, shall be fined for not redressing of the Riot, if there be any default in them, as it happened 23 Eliz. in the Star-Chamber in the Case of Drayton Basset supra, Dalt. 109. 110. cap. 47.

XXVI. Crompt. 61 b. § 11. When Men are Indicted of a Riot, they most commonly pray to be admitted to a Fine, and thereby they are not Imprisoned, which will give more benefit to the Endictee than the Fine, which is most commonly of small Sums, and therefore it will be good to use discretion in the admittance of him to a Fine (Crompt. 145 pl. 8.) Dalt. 119. cap. 46.

2. Quaere if he prayeth to be admitted to a Fine, if the Court cannot force him to a Traverse, so that he may be convicted of a Riot and be Im∣prisoned, unless he confesseth the Indictment in Court, Crompt. 159 b. pl. 17. 21.

XXVII. Crompt. 62. pl. 15. Nota, That in the Case of the Riot com∣mitted at Draiton Basset, in the County of Stafford, 21 Eliz. It was taken, that where 17 Rich. 2. 8. of Riots speaks, that Sheriffs, and other the Kings Ministers, shall take Rioters, &c. that under this word (Ministers) the Justices of Peace are comprised, &c. Lambert 313. supra.

And see Fitzh. Justices of Peace 156. that he conceived that the Consta∣bles of the Vills had Power to do as the Sheriff might by the said Statute 17. Rich. 2. 8. § N. by reason of this word Minister, Crompt. 158. & 65 b. pl. 58.

XXVIII. Crompt. 62. pl. 16. The Queens Attorney, viz. Sir Gilbert Gerrard, exhibited a Bill in the Star-Chamber upon 17 Rich. 2. 8. § N. because the Sheriff and Justices of Peace of Stafford did not remove the force that was in the Mannor House of Drayton Basset, and the Sheriff, and divers of the Justices there were Fined, Crompt. 68 b. pl. 5.

XXIX. Crompt. 62 b. pl. 22. It seemeth that the Justices of Peace must have notice of the Riot given to them, or otherwise it must be so notori∣ous that by common intendment they may have Notice, and yet 13 H. 4. 7. § 1. N. 1. speaks not of any notice; see Dyer 210. pl. 25. that its reason that they should have notice given to them, Tamen Quaere supra.

XXX. Crompt. 62. b. pl. 25. Nota, That it is not necessary that any of the Justices of Peace, who shall enquire of the Riot, be of the Quorum; for 13 H. 4. 7. § 1. N. 4. doth not give this, otherwise it is for a general Sessions of the Peace; as appears by the Commission.

XXXI. Crompt. 62 b. pl. 26. A Riot is done, and within the Month after the doing of it, and before Inquiry, one who is the next Justice of Peace to the place where, and when it was done, removes thence, Quaere if the other next Justices of the Peace shall not inquire within the Month, for 13 H. 4. 7. § 4. N. 1. saith, That the next Justices shall enquire within the Month, &c. not saying, that were next at the time of the Riot, or where it was made, &c. supra.

XXXII. Crompt. 64. pl. 47. If a Man complains of a Riot, or a forcible entry, so that Justices of Peace be assembled to enquire thereof, and at the day he doth not prosecute the matter, Quaere if the Justices to whom the complaint is made who went &c. may commit him to Custody by Good discretion for the delusion &c.

XXXIII. Crompt. 64. pl. 49. If three or more enter into Lands where, &c. with force, where their entry is Congeable, yet it shall be a Riot, because that 5 Rich. 2. 7. defends from entry with force, though it were Congeable, Crompt. 65 b. pl. 60.

* 252.2XXXIV. Poult. de Pace, 30. Ab. § 31. The form of a Traverse taken in a Town Corporate on 13 H. 4. 7. § 3. N. 1.

Bucks ss.

Alias scil. ad Sessionem Pacis tent' apud B. in Com. predict' die Lunae proximo post Festum Sanctae Trin. Anno Regni Domini nostri Regis &c. Coram J. N. Generoso Ballivo Burgi & Parochiae de B. predict & F.F. Milite, T. D. R. J.W. A. & R. J. Milit' P. R. Armiger' & S. L. Gen' & alijs socijs suis Justiciarijs dicti Domini Regis ad pacem in dicto Burgo & Parochia conservand' nec non ad divers. felonias transgressiones & alia male∣facta in eisdem Burgo & Parochia perpetrata Audienda & terminand' assig∣naris, per Sacrament' 12 Jurat' extitit presentatum quod A. B. C. D. E. F. de G. cum diversis alijs malefactoribus & pacis dicti Domini Regis pertur∣batoribus modo Guerrino Arraiati, & assemblati 20. die Maij Hora quarta Post Meridiem ejusdem diei Anno ejusd' Domini Regis 2. Vi & Armis, viz. Baculis, Gladijs, Pugionibus, Falcastris & alijs Armis tam invasivis quam defensivis apud P. in B. predict' clausum cujusdam L. M. vocat' Bonehil∣close, illicite Riotose & Routose fregerunt & intraverunt & decem caractat' feni ad valentiam quatuor librarum de Bonis & Catallis dicti L. M. ad tunc

& ibid em injustè & illicite ceperunt & asportaverunt contra pacem dicti Domini Regis & contra form' Statut' inde Editi & provisi.

Per quod preceptum est J. C. sub-Ballivo quod non omitteret propter aliquam libertatem &c. quin Venire Faceret eosdem A. B. C. D. E. F. ad respondend' &c. Posteaque scil' Diè Lunae proxim. post Festum sancti Mich' Archang. Anno Regni Domini Regis &c. coram prefatis Justiciarijs venerunt predicti A.B.C. D. E. F. in proprijs personis suis & habito Auditu Indictament' predicti separatim dicunt quod ipsi non sunt inde culpabiles & de hoc ponunt se super patriam & H. J. qui pro Domino Rege in hac parte sequitur similiter. Ideo veniunt inde jurat' coram Justiciarijs dicti Domini Regis ad pacem in Burgo & Parochia predict' conservandam assignatis &c. ad Sessionem Pacis apud B. predict' die Lunae proximum Post Epiphaniam Domini tunc proximum futurum tenend' & qui &c. ad recogn. &c. qui tam &c. idem dies Datus est tam prefato H. J. qui sequitur pro Domino Rege quam prefat' A.B.C. D. E. F.

Ad quas quidem Sessiones Pacis tent' apud B. predict' in Com. predict' dicto Die Lunae proximo Post Festum Epiphaniae Domini Anno Regni Regis &c. coram Ballivo & dictis F. F.T. D. R. J. & socijs suis Justiciarijs dicti Domini Regis ad Pacem in dicto Burgo & Parochia Conservandam nec non ad diversas felonias transgressiones & alia malefacta in eodem Burgo & Pa∣rochia perpetrata Audienda & terminanda assignatis, venerunt tam prefa∣tus H.J. qui pro Domino Rege in hac parte sequitur quam prefat A.B.C.D. E. F. in proprijs personis suis & Juratores per sub-Ballivum Burgi & Paro∣chiae predict' ad hoc impannellat' & exacti, viz. F. F. Mercer or Draper, &c. similiter venerunt, qui ad veritatem de premissis dicend' triati & Jura∣ti dicunt super Sacrament' suum quod predict' A. B. C. D. E. F. Culpabiles sunt & eorum quilibet culpabilis est de transgressione contemptu & Rioto predict' in indictamento predict' superius specificatis modo & forma prout superius versus eos supponitur.

Ideo consideratum est per curiam quod predict' A.B.C. D. E. F. Capian∣tur ad satisfaciend' dicto Domino Regi de finibus suis occasione transgressi∣onis Contemptus & Rioti predicti: Qui quidem A. B.C. D. E. F. ad tunc & ibidem presentes in curia petierunt se ad finem cum dicto Domino Rege occasione predict' admitti & ideo ponant se separatim in misericordia dicti Domini Regis & assessat' finis ejusdem A. B. per Justiciarios predict' ad 5 l. & assessatur finis ejusdem C. D. ad 3 l. &c. bonae & legalis monetae An∣gliae ad opus & usum dicti Domini Regis, Lambert 535, 536 Dalt. 400. cap. 130.

XXXV. Lambert. 381. And albeit the Power of these Justices be joynt at the Sessions, yet to some purpose each one by himself hath a distinct Power also; for if one of them, sitting in his Judicial place, shall see a Riot, he may cause the Parties to be Arrested, and may also Record the Riot, whereby they shall be so concluded, as they have none answer to it. Justice of Peace Fitz. 9. supra. 12. N. 5. infra.

XXXVI. Lambert 494, 495.* 253.1 An Endictment of a Riot without saying Contrà formam Statuti, &c. is not good, as may appear in the Traverse, Lambert 535. supra. because it is no Riot, but by that Statate 13 H. 4. 7. and yet it is not of necessity that the Statute be verbally rehearsed, but only that the Offence against the Statute be sufficiently and with full words des∣cribed, Com. 179. infra.

XXXVII. Dalt. 109. cap. 46. And yet if one Justice of Peace sitting in a Judicial place, as in the Sessions, shall see a Riot, he may command them to be Arrested, and may make a Record thereof, and the Offenders shall be concluded thereby, supra.

But if one Justice of the Peace shall see a Riot in another place, and shall command them to be Arrested, and shall make a Record thereof, the Offenders shall not be concluded thereby, but may Traverse, it supra. And yet the Justice may Record it, and certifie the same to the next Sessions, K••ll. 41.

XXXVIII. Dalt. 109. cap. 46. If a Justice of Peace commit a Man to Ward, pretending untruly that he did a Riot where he did none, the par∣ty may have an Action of Trespass against him; see 8 Co. 121. supra, yet see Judges, Br. 2. 10. that an Action will not lye against a Justice or Judge of Record, Lambert 316 supra.

* 253.2XXXIX. Lambert 183. The Statute 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. § N. do make three degrees of Riots and Seditious Assem∣blies in certain special Cases; The first consisting of the common number of three Persons, and being under the Number of twelve; the second of twelve Persons or more; and the third of forty Persons and upwards, all which are to be punished diversly according to the number, intent, act, and obstinacy of the Parties Assembled, wherein there is some imitation of an ancient Law that King Ina made against Thieves, whose degrees in Offence he also severed and punished by their Number, saying thus, that Thieves we call them untill the Number of seven men, from 7. a Troop untill 35. and an Army above that Number.

XL. Lambert 183, 184. One Justice of Peace therefore may by vertue of these Statutes, 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. make, or cause to be made, a Proclamation in the Kings Name, after three Oyes thus, The King our Soveraign Lord, chargeth and commandeth all Persons being as∣sembled, immediately to disperse themselves, and peaceably to depart to their Habitations, or to their lawfull B••siness, upon the pains contained in the Act lately made against Unlawfull and Rebellious Assemblies; And God save the King; Dalt. 110. cap. 86.

2. And he also may at his discretion assemble his Majesties Subjects to take them, and may take them indeed, if they disobey, Crompt. 195 b. pl. 26. and shall be unpunished for the hurting or maiming, or Killing of any of them, if they make resistance. He also is to take the Declaration of any Person, that being moved to any such assembly, will within 24. hours af∣ter reveal the same unto him.

XLI. Lambert. 360. Three Justices of the Peace, one of them being of the Quorum, may discharge out of Prison any Person committed thither for his Offence, in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly, contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16.

XLII. Lambert 367. That Justice of Peace that doth not, after request thereof made, give attendance upon the Kings Lieutenant of the Shire, for the suppressing of any Rebellion or unlawful Assembly, shall suffer a years Imprisonment, unless there be Cause of reasonable Excuse, 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16.

XLIII. Lambert. 420, 421, 422. Enquiry at Sessions if any Persons, of or above the Number of twelve, have been assembled, and have intended, gone about, and practised with force of Arms unlawfully to change any Laws of this Realm, or to cut or cast down any inclosure of Park, or inclo∣sed Ground, or the Banks of any Fish-pond, or any Conduit head or P••pe, to the intent they should lay open or void, or to have any Common or Way there, or to destroy the Deer or Conies in any Park or Warren, or D••ve houses, or Fish in Pool, or in Pond: Or to cut down any Houses, Ba••••s, Mills, or Bays, or to burn any Stack of Corn or Grain, or other usual Sustenance of men: And being commanded by the Sheriff, or any

Justice of the Peace of the Shire, or by the Mayor, Sheriff, Justice of Peace, or Bayliff of the City, Borough, or Corporate Town, where the Assembly was, by Proclamation in the Kings Name to depart to their Houses, have notwithstanding continued together one hour after, or have after that forcibly attempted to do any such thing.

2. And if any Person have unlawfully by ringing of Bells, Sounding of Trumpet, Drumm, Horn or other Instrument, or by firing of Beacon, or by Malitious Speech or Outcry, or by Setting up or casting any writing, or by any other Act, raised or caused to be raised twelve Persons or above, in such manner, and to any such intent, as is aforesaid, and they being commanded by Proclamation as before, have nevertheless continued toge∣ther one hour after, or have afterward attempted forceably to do any of the said things.

3. And if any the Wife or Servant of any the said Assembled Persons, or if any other Person have willingly, and without compulsion, delivered or conveyed Mony, Harness, Weapon or Victual to any of the said Per∣sons Assembled, during their abode together as before.

4. and if any Person have hindred or hurt any that did Proclaim, or went to Proclaim, as before, and if any of the Parties Assembled, knowing of that hinderance, or Procuring it, have nevertheless afterwards com∣mitted or put in ure any the things aforesaid.

5. And if any Persons, to the Number of Forty or more, so have as∣sembled, to the intent to do any the said things, or any other Felonious or Re∣bellious Act, and have continued together three hours after such Proclama∣tion made, at or nigh the place of Assembly, or in some Market Town next adjoyning, and after notice to them thereof given, 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16.

XLIV. Lambert 439. Enquiry in Sessions, if any Persons to the number of three or above, have been riotously Assembled, to beat any man, to enter upon a Possession, or to do any such unlawful Act, and have done it indeed, or attempted to do it, or have been assembled together in Routs for any common Quarrel, or otherwise, unlawfully against the Kings Majesties Peace, 2 H. 5. 8. Commission under the name of Con∣venticles.

2. If any Persons above the number of two, and under twelve, being assembled, have intended unlawfully with force to murder or slay any of the Kings Subjects; or to cut and cast down any inclosure, or Banks of any Fish-pond, or Conduit-head or Pipe, or to do any the deeds mentio∣ned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation, but have attempted to do any of these things.

3. Or if any Person being moved to make any Rebellious Assembly, have not within 24. hours after disclosed the same to a Justice of Peace, or to the Sheriff; or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab.

XLV. Lambert. 605. The Act of Rebellious Assemblies, or the ef∣fect thereof, ought to be openly read at every Quarter-Sessions, 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16.

XLVI. Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly.

Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi &c. A. B. C. E. F. (&c. to the Number of 13. with Additions) apud quendam locum infra Parochiam de O. in Com.

predict' Angl' vocat' le Old Court inter horas decimam & undecimam ante meridiem ejusdem diei Vi & Armis tam invasivis quam defensivis, viz. Gladis, Pugionibus, Baculis, Arcubus, Sagittis, Runicis, ferre Ferreis, & Tormentis seipsos Congregaverunt & Assemblaverunt ac tunc ibidem inten∣derunt conati sunt & Practicaverunt Vi & Armis illegitimè & ex authoritate sua propria secare & prorsus evertere prosternere ac destruere quoddam ca∣put unius Aquaeductus Angl' vocat' a Conduit-head, tunc ibidem in fundo cujusdam R. S. de O. predict' in Com. predicti Generosi existent' & cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict' ex tunc ap••rtum & vacuum remaneret ac Jaceret: Et ulterius quod super que∣rimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict' omnes & singuli predict' A. B. C. D. E. F. &c. tunc & ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habi∣tationes Loca & Domos suas unde venerant se inde in Pacifico modo tetra∣here retirare discedere & reverti quae quidem Proclamatio tunc ibidem mo∣do & forma sequentibus habita & facta est viz. predict' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet, The King our Soveraign Lord, chargeth and commandeth all Persons being as∣sembled immediately to disperse themselves, and peaceably to depart to their Habitations, or to their lawfull Business, upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies; and God save the King.

Et ulterius Juratores predict' super Sacramentum suum dicunt quod non obstante dicta Proclamatione modo & forma predictis per prefatum Justici∣arium tunc ibidem facta & habita ibidem tamen omnes & singuli predicti A.B.C. D.E.F. &c. in dicto loco vocat' le Old Court infra Parochiam de O. predict' in dicto Comitatu per spatium duarum horarum immediatè & con∣tinuè Post dictam Proclamationem sic ut prefertur factam & habitam sequen∣tium sed riotosè & felonicè insimul remanserunt & continuaverunt in mag∣num dicti Domini Regis contemptum ac contra pacem coronam & Digni∣tatem suas, nec non contra formam diversorum Statutorum in hujusmodi casu provisorum & editorum.

XLVII. Lamb. Precedents 16. pl. 43. An Indictment for a Riotous Af∣fray at the Quarter-Sessions.

Jurat' pro Dom. Rege super Sacrament' suum present' qd' octavo die Oct. An' Regni dicti Domini nostri Jacobi &c. apud M. in Com predict' tempore Generalis Sessionis Pacis pro dicto Comitatu tunc ibidem tentae & H. C. Mi∣lite, & socijs suis Justiciarijs dicti Domini Regis ad pacem in dicto Comita∣tu conservand' assignatis tunc ibidem existentibus & in plena curia sedenti∣bus quidam A. B. C. D. E. F. G. H. & J. K. de S. in Com. predict' Gene∣rosi aggregatis sibi non nullis alijs pacis dicti Domini Regis perturbatoribus ignotis ad numerum 20. hominum Vi & Armis, viz. Gladiis &c. Armat' illicite Riotose & Routose sese assemblaverunt ac inter se insultum & Af∣fraiam maximam tunc ibidem fecerunt sese invicem verberantes & value∣rantes in magnum terrorem tam dictorum Justiciariorum tunc ibidem in curia sedentium quam totuis populi dicti Domini Regis ad dictam Sessionem Pacis tunc ibidem Convenientium ac contra pacem coronam & Dignitatem dicti Domini Regis nostri.

XLVIII. Crompt. 250. pl. 60. An Indictment against Riotors who made a Riot upon the Sheriff.

Inquiratur pro Domino Rege quad cum quaedam Commissio ex Curia can∣cellariae Domini Regis nunc emanent' direct' fuit quibusdam T. S. Armiger' Vicom' Comitat' predict' R. C. M.O.R. S. & alijs ad quend' H. A. Armiger' & omnes alios de possessione cujusdam Messuagij & diversorum Tenemen∣toram in N. in Com. predict' Amovend' ac ad collocand' quendam R. N. Armiger' in possessione ejusdem Messuagij ac Tenement' in N. predict': Cumque etiam quoddam Breve Domini Regis de Habere facias possessionem eorundem tenementorum eundem R. super quandam Recuperationem in quadam Actione de Ejectione Firmae tenementorum predictorum per pre∣dict' R. Armiger' versus dictum H. direct' & deliberat' suit eidem Vice∣com', cunque etiam tam Vicecomes predict' quam predict' Commissionarij pro Executione tam Brevis quam Commissionis predict' eidem Vicecom' & Commissionarijs in forma predicta direct' 13. die Augusti Anno Regni Do∣mini nostri Jacobi &c. tertio apud N. predict' ad dictum Capitale Messuagi∣um et Tenementa predict' accesserunt seseque pro Executione Commissionis ac Brevis predict' ad tunc et ibidem assemblaverunt ac eundem H. A. et om∣nes alios ibidem a possessione Messuagij et Tenementorum predictorum qui∣ete et pacifice removere voluissent, ac eundem R.N. in possessione eorundem collocare voluissent: Quidam tamen R. A. nuper de M. in Com. predict' Generosus H. A. de ejsdem Yeoman &c. Aggregatis sibi quamplurimis alijs Malefactoribus ignotis et Pacis dicti Domini Regis Perturbatoribus ad nu∣merum 16. personarum servientium et famulant' ejusdem H. A. et per Man∣datum predict' H.A. Elizab' uxorem ejus ad tunc et ibidem Vi et Armis viz. Gladijs, &c. et alijs Armis tam invasivis quam defensivis Riotose, Routose, et modo Guerrino Arraiati in dictum Capital' Messuagium sese Assemblaverunt & Aggregaverunt ac tam eundem Vicecom' quam Commi∣ssionarum predict' et servientes suos in predict' Capitale Messuagium et Tenementa predicta intrare offerentes Riotosè minati sunt, ac eosdem Com∣missionar' et Vicecom' ad tunc et ibidem violenter et Riotose Extratenu∣erunt et Rescusserunt et possessionem ejusdem Messuagij et Tenementorum predictorum ad tunc et ibidem per Spacium sex horarum contra eosdem Vi∣com' et Commissionar' Violenter et Riotose tenuerunt et defenderunt ita quod dictus Vicecomes ac Commissionar' predict' ad possessionum pre∣dict' virtute Brevis et Commission' predict' habend' et prefat' R. N. delibe∣randum periculum mortis subierent nonnullique servientium suorum ad tunc et ibidem existent' vuluerat' fuerunt contra Pacem dicti Domini Re∣gis et in pernitiosum exemplum aliorum Malefactorum ac contra formam Diversorum Statutorum in eo casu edit' et provis.

XLIX. Crompt. 251. pl. 61. An Indictment for a Riot and a Rout.

Inquiratur pro Domino Rege si J. B. de B. in Com. predict' Generos. T. H. de B. predict' in Com. predict' Yeoman, &c. Aggregatis sibi quam plurimis alijs Malefact' et Pacis dicti Domini Regis perturbatoribus ignotis ad numerum septem personarum Riotosè et Routosè et modo novae insurre∣ctionis in Conventiculis illicitis et modo Guerrino Arraiati, Vi et Armis viv. Bombardis, Gladiis, &c. et alijs Armis tam invasivis quam defensi∣vis 5 die Juij Anno Regni &c. apud E. predict' in Com' predict' sese illicitè Riotosè et Routosè Assemblaverunt, Congregaverunt, et univerunt, ad Pacem dicti Domini Regis distourband' et ad tunc et ibidem in quosdam E. H. et J. S. in Pace Dei et dicti Domini Regis existent' insultum fecerunt et ipsum E. H. ad tunc et ibidem verberaverunt, vulneraverunt, et ma∣le tractaverunt, Ita quod de vita sua desperabatur et alia Enormia ei intule∣runt ad grave Damnum ipsorum E. H. et J. S. et contra Pacem dicti Do∣mini

Domini Regis Coronam et Dignitatem suas, et contra formam Diversorum Statutorum in hujusmodi Casu edit' et provis'

2. Alio modo.

Inquiratur pro Domino Rege si J. R. nuper de B. in Comitatu predict' Yeoman, R. A. nuper de G. in Comitat' predict' Husbandman, et J. B. nuper de D. in Com. predict' Grome, cum multis alijs Malefactoribus eis Aggregatis et Pacis dicti Domini Regis Perturbatoribus ignotis modo Guerrino, Arraiat' vnit' assemblat' et congregat' ad numerum quindecem personarum per instigationem et procurationem predict' J. R. in magnum terrorem subditorum dicti Domini Regis 5. die Maij Anno Regni &c. Vi et Armis viz. Gladijs, &c. et alijs Armis invasivis Clausum R. B. Armi∣ger' Apud F. infra Parochiam de B. in Com. predict' vocat' the M. Riotose fregerunt et intraverunt ac sepes et clausas predict' R. B. ad numerum sex cent' pedum ad tunc et ibidem existent' laceraverunt' irruperunt et proster∣naverunt et fossat' ibidem existent' ad tunc et ibidem cum ligonibus et bipa∣liis foderunt planaverunt et impleverunt ad Grave Damnu' ipsius R. B. contrà formam Diversorum Statutorum de Riotis er Routis, et alijs Conven∣ticulis illicitis inde nuper edit' et provisis: Et contrà Pacem dicti Domini Regis, &c.

L. Crompt. 251 b. pl. 63. An Indictment against Rioters not said Riotose, supra.

Inquiratur pro Domino Rege quod cum N. W. Miles, Vicecomes Comi∣tat' predict' per Warrantum suum de deliberatione sigillo suo sigillat' cujus Dat' est 5. die Apr. Anno Regni &c. mandavit cuidam A. B. Ballivo suo Comitatus predict' quod deliberaret seu deliberari faceret cuidam T.H. Ave∣ria sua nuper de eadem Villa et Com. Clothier, cepissent et injustè detine∣bant ut prefat' T.H. dicebat, et quod poneret ipsos W. et P. per vadios et sal∣vos plegios, Ita quod essent ad proximum Comitat' ipsius Vicecom' apud Ilchester in Com. predict' tenen••' ad respondend' prefat' T. H. de pla∣cito predicto, virtute cujus Warranti predict' A. Die et Anno supradi∣ctis apud S. predict' requisivit prefat' W. S. quod dimitteret sibi ave∣ria predict' ad deliberand' eidem prefat' T. H. secundum vim formam et ef∣fectum Warranti predicti, si predict' W. ac quidem H. C. nuper de S. in Com. predict' Husbandman, &c. cum multis alijs ignotis ad numerum octo personarum dicto 5. Die Apr. Anno supradict' Apud S. predict' Warrant' predict' minime Ponderantes, Vi et Armis, viz. Gladiis, &c. in prefat' A. insultum fecerunt Verberaverunt, vulneraverunt et malè Tractaverunt ac ipsum A. ad tunc et ibidem Imprisonaverunt et detinuerunt per spatium quatuor dierum et quatuor noctium ex tunc proximè sequent' et ad tunc et ibidem debitam execution' Warranti predicti contradixerunt, impedive∣runt et distourbaverunt ad Grave Damnum ipsius C. ac contrè Pacem dicti Domini Regis Coronam &c.

Rivers,

see Sewers.

Rogues,

see Poor.

Robery,

see Coron, Fresh-Suit.

Rome,

see Pope.

Sabbath,

see Days, Religion.

Sacraments,

see Religion.

Sacriledge,

see Coron and Church.

Salmons,

see Fish.

Salt-Peter,

see War.

Sanctuary,

see Coron.

Scavage, or Shewage,

see Merchants.

Schoolmasters,

see Licence.

Scotland,

see Alien.

Seals,

see Deeds.

Sectaries,

see Religion.

Se defendendo,

see Co••on.

Searchers,

see Merchants.

Sedition,

see Slander.

Seisin,

see Force.

Sermons,

see Religion.

Servants,

see Apprentice.

Sessions,

see Justices.

Settlement,

see Poor.

Sewers.

I. LAmbert. 362. Six Justices of the Peace,* 253.3 two of them being of the Quo∣rum, may for a whole year after the Expiration of any Commission of Sewers Execute the Laws of the Commissioners of Sewers, unless that a new Commission of Sewers be published within the year 13 Eliz. 2. § 2. N. 2. Crompt. 201 Dalt. 134. cap. 50.

II. Lambert 571. 572.* 253.4 No doubt but this Ordinance 51 H. 3. St. 5. pag. 11. § 8. N. 1 (that all Justices, Commissioners, and Inquirers what∣soever deliver Extreats into the Exchequer) doth extend to the Justices of Peace, as a Man may Easily gather by the words of 13 Eliz. 9. § 6. N. 1.

III. Kilb. Precedents 2. Edit. 244. The Oath of a Commissioner 23 H. 8. 5. § 5. N. 3.

You shall Swear that you, to your cunning, Wit, and Power shall tru∣ly and indifferently Execute the Authority to you given by this Commissi∣on of Sewers, without any favour, affection, corruption, dread or ma∣lice to be born to any manner of Person or persons: And as the Case shall require, you shall consent and endeavour your self, for your Part, to the best of your Knowledge and Power, to the making of such wholesome, just, equal and indifferent Laws and Ordinances as shall be made and devi∣sed by the most discreet and indifferent number of your Fellows being in Commission with you, for the due redress, reformation, and amend∣ment of all and every such things as are Contained and specified in the said Commission, and the same Laws and Ordinances to your cunning, will, and Power, Cause to be put in due Execution without favour, mead, dread, malice, or affection. So help you God.

Sheep,

see Cattle,

Shooting,

see Games, War.

Shoomakers,

see Leather.

Sheriffs.

I. LAmbert. 390. The Sheriff in like manner ought to attend at these Sessions of the Peace for the double duty that he beareth, the one as Sheriff, to Retorn the Precept to take the Charge of Prisoners, and so to serve the Court otherwise as he hath in charge by the Mandamus that is mentioned in the Commission § 17. the other because he also hath Care and Charge of the Peace, see tit. Justices 142. the Precept of Summo∣ning the Sessions.

II. Lambert 352. Two Justices of the Peace, the one being of the Quo∣rum, may take the Oath of the Under-Sheriff of their County before that he meddle with the Exercise of that Office, as well of Supremacy 1 Eliz. 1. § 19. N. 3. as touching his Office 27 Eliz. 12. § 2. N. 3.

And the like may they do for the like Oaths of Bayliffs of Franchises, Deputies, and Clerks of the Sheriffs and Under-Sheriffs, and of every o∣ther Person that shall take upon him to intermeddle with the Retorning of Jurors, or with the Execution of process in any Court of Record, 27 Eliz. 12. § 4 N. 1 Crompt. 76 b. Lambert. 427. 478.

III. Crompt. 76 b. Nota, Adjudged in B. R. that a special Bailiff shall not be Sworn by 27 Eliz. 12. § 4. N. 1. as Mr. Farmer an Apprentice of the Law told me.

IV. Dalt. 134. cap. 51. But special Bayliffs made for the serving of Process, are not to be Sworn by this Statute 27 Eliz. 12. § 4 N. 1. as Mr. Crompt. 76 b. Reporteth, and saith that it was so adjudged in B. R. &c.

V. Nota, that Mich. 27. Car. 2. in B. R. in an Information against one Bents and others, for intermedling with Process without first swear∣ing, it was adjudged that a special Bailiff is not within 27 Eliz. 12 § 4. N. 1. against the Opinion of Twisden Justice, on motion of the now Sar∣jant Bigland in Arrest of Judgment.

VI. Lambert 386▪ This Custos Rotulorum hath credit by 11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books, Dalt. 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff.

VII. Lambert. 425, 426, 427, 428, 429. Enquiry in Sessions if any Sheriff have letten his County, or any his Balywicks, Hundreds or Wapen∣takes.

2. Or have Retorned in any Pannels any Bayliffs, Officers, or their Ser∣vants

3. Or have refused to let to Bail upon sufficient Sureties any Person be∣ing in his Custody, because of any Action Personal; or because of Endict∣ment in Trespass, and not being in for any Condemnation, Execution, Ut∣lary, Excommunication, Surety of the Peace, or Commandment of any Justice, or for being a Vagabond.

4. Or have taken any Obligation by Colour of his Office, but only to himself, and upon the Name of his Office, and upon Condition only to appear according to the Writ or Warrant,

5. Or have taken for an Arrest above 20 d. or if he or any other Minister, have taken any thing for making of any Retorn or Pannel, or above 4 d. for the Copy of a Pannel, or above 4 d. for the said Obligation, or for any Warrant or Precept, or any Bayliff above 4 d. for making any Arrest; or the Goaler above 4 d. upon the committing to his Ward of any Person Ar∣rested or Attached, 23 H. 6. 10.

6. If any Sheriff, or other his Minister, have Arrested or Imprisoned, or caused any Fine or Ransom or Amerciament to be levyed of any Person, by reason of any Endictment, or Presentment made by the Sheriff, Turn or Law-day, without Process from the Justices of Peace for the same first obtained, 1 Ed. 4. 2. § 1. N. 5. Lambert 513.

7. Or have not brought in such Endictments and Presentments to the Ju∣stices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4.

8. If any Sheriff, or any his Ministers, have entred into his Books any Plaints in any Mans Name, not being present in the Court, either in his own Person, or by sufficient and honest Attorney or Deputy; or have en∣tred any more Plaints than the Plaintiff supposeth that he hath cause of A∣ction for; or have levyed the Shire Amerciaments without Book inden∣ted between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt. 133. cap. 51.

9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court, Dalt. 133. (bis) cap. 51. 11 H. 7. 15. § N.

10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N.

11. If the Sheriff of this Shire, or any other Person, to whom it ap∣pertained to make Retorn of any Writ, hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn, or within a year next before, or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N.

12. If any Estreat of Issues hath been gathered of any Person, other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7.

13. If any Under-Sheriff, or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths.

14. If any Sheriff or Goaler have denyed to receive Felons by the deli∣very of any Constable or Townsh••ps, or have taken any thing for receiv∣ing of such, 4 Ed. 3. 10. § N.

Ships, Seamen, Shipwright,

see Admirals

Silk,

see Drapery.

Silver,

see Metal.

Skinners,

see Leather.

Slander.

Libels, Words, Rumors, News.

I. CO. Inst. 3. 198. cap. 93. The Law before the Conquest was, that the Au∣thor and spreader of false Rumors amongst the People, had his Tongue cut out, if he redeemed it not by the Estimation of his Head, Inter Leges Alveredi, cap. 28.

II. Crompt. 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies, (viz. Tales) whereby Discord or Slander may arise between the King and his People, or between the No∣bles of the Realm, the Offender shall be Imprisoned untill he can produce in Court the Author of such News, 3 Ed. 1. W. 1. cap. 33. (34.) and 1 and 2 Ph. & Mar. 3. § 2. N. 2.

2. If any one hath forged or Counterfeited any false News, and horrible false Lies of any Prelates, Dukes, Earls, Barons, or other Nobles, and great Men of the Realm, or of the Chancellor, Treasurer, Clerk of the Privy Seal, Steward of the Kings Household, Justices of the one Bench, or of the other, or of any great Officer of the Realm, of things that by them were never spoken, nor thought, to their great slander, whereup∣on debate and discord may rise between the said Lords and Commons, they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 (33.) unt••ll they have brought into Court the Author of the said false News and Lies, by 2 Rich. 2. 5. & 1 & 2 Ph. & Mar. 3. § 2 N. 2.

3. If the Forgers and Counterfeiters of false News, &c. mentioned in 3 Ed. 1. W. 1. cap. 34 (33) and 2 R. 2. 5. cannot bring into Court the Author of such false News, then they shall be punisht by advice of the Kings Council, 12 Rich. 2. 11. § 1. N. 3.

4. Slanderous words of the King shall be punisht by Fine and Imprison∣ment on 3 Ed. 1 W. 1. 34. (33) and not by advice of the Privy Counsel, on 12 Rich. 2. 11. for the King is a Person exempt, and not implied within the words, Great Men or Nobles &c. Oldnols Case, 4 & 5 Ph. & Mar. Dyer 155.

III. Poult. de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces, and distilleth out of a heart like∣wise infected with Mal••ce and Envy, but is devised and practised by ano∣ther mean than the former, which is by Libelling, secret slandering, or defaming of another &c.

2. And whether this Libelling, secret Slandering, or defaming be against a Publick Magistrate, or Private Person, yet it may tend to the breach of the Peace, to the raising of quarrels and effusion of Blood, and so may be a speciall impediment of that Peace, which all good Policy endeavoureth to maintain, 5 Co. 125 libr. intr. 13. Hob. 354.

IV. Crompt. 197. Every Justice of Peace within a Month after the Of∣fence, may commit any one that is vehemently suspected to speak or re∣port Slanderous News or Tales against the Queen that now is, if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery, there to remain till he will find Surety, ut supra, 23 Eliz. 2.

V. West. Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen, on 23 Eliz. 1.

Glos. ss.

Juratores pro Domina Regina super Sacrament' suum presen∣tant quod infra tres Menses jam ultimo Elapsos, viz. 2 die Mensis Octobr. Anno Regni Dominae nostrae Eliz. &c. 35. G. P. de A. in Com. G. predict' Laborer, in Domo Mansionali cujusdam R. S. infra Parochiam de A. pre∣dict' in Com. G. predict' ac in presentia multorum dictae Dominae Reginae subditorum fide Dignorum tunc ibidem existentium consulto deliberate ac cum maliciosa intentione adversus dictam Dominam nostram nunc ex ima∣ginatione ipsius G. P. propria haec falsa ficta seditiosa & scandalosa dicta ad scandalum & defamationem dictae Dominae Reginae nostrae tunc & ibidem locutus est in his Anglicanis verbis sequentibus scil. (reciting the words, &c.) in magnum dictae Dominae Reginae nostrae nunc contemptum ac con∣tra Pacem Coronam & Dignitatem suas necnon contra formam Statuti in Parliament' dictae Dominae nostrae nuper tent' apud Westm' in Com. Middle∣sex Anno Regni sui, 23. &c.

VI. West Symbol. 2 part 129. sect. 201. An Indictment for Slandering of a Noble-man.

Derby ss.

Inquiratur pro Domina Regina si R. B. nuper de C. in Com. D. predict' Yeoman, Deum prae oculis suis non habens, sed instigatione Dia∣belica seduct' ac ligeantiam suam erga dictam Dominam nunc Elizab. Dei Gratia, &c. parvi pendens ac leges & Statuta hujus Regni Angliae minimè, estimans nec paenam in eisdem content' aliqualiter verens 16. die Maij Anno Regni Dominae Elizab. &c. apud M. in Com. D. predict' malitiose ex imaginatione sua propria haec falsa & scandalosa verba ac rumores de magnatibus & proceribus hujus Regni Angliae subsequentia prolocutus est viz. that, &c. Quae quidem omnia quamquam falsa fuit ut vera retulit & multa alia verba scandalosa ad tunc & ibidem dixit & propalavit contrà pacem dictae Dominae Reginae nunc Coronam & Dignitatem suas & formam diversorum Statutorum inde nuper editorum & provisorum, Crompt. 259 b. pl. 90.

VII. West Symb. 2 part. 141. sect. 256. An Endictment for words of the Queen.

Essex ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod J. S. nuper de W. in Com. predict' Laborer, Deum prae oculis suis non habens sed Instigatione Diabolica seduct' 5 Die &c. Anno &c. apud M. in Com. predict' Narravit & publicavit de dicta Domina Regina nunc haec falsa seditiosa & scandalosa verba Anglicana sequent', viz. That the Queen hath had by the Lord R. D. (innuendo R. D. prenobilis ordinis Garterij Militem) two or three Children, contrà legiantiae suae debitum in magnum scandalum & contempt', dictae Dominae Reginae nunc Coronam' & Dignitat' suas & contra formam Statuti, &c.

VIII. West. Symb. 2 part 148. sect. 309. An Endictment of hearing words of one, and not publishing them to Sheriff, &c. of the Queen.

Norff ss.

Inquiratur pro Domina Regina, si W. J. de S. in Com. N. predict' Clericus, 10 die, &c. Anno &c. apud W. in Com. predict' Deum prae oculis suis non habens & ligeantiam debitam minime ponderans falso & proditoriè ut falsus Proditor, & Inimicus ipsius Dominae Reginae dict' Die & Anno apud N. predict' coram A. B. & C. D. de E. in Com. predict' Yeoman, obstinatè & malitiosé dixit & propagavit haec verba sequentia in Anglicanis verbis (A vengeance on the Queen, and of such false Counsel) tam contra Ligeantiam ac Pacem Dominae Reginae quam contrà formam Statuti in hujusmodi casu edit' & provis. & sic predict' A. B. & C. D. sciens predict' J. dicta verba proditioriè locut' fuisse, falso & proditioriè contrà ligeantiae suae debitum concelavit & secretè custodivit contrà Pacem Dominae Reginae & contrà formam Statut' in hujusmodi casu edit' & provis. usque ad 1 Diem Martij Anno &c. quod dicti A. B. & C. D. dicta verba sic prodi∣torie per predict' J. loquuntur coram J. S. Milite Vicecom' Comitat', predict' ac R. S. Gen' retulerunt & ostenderunt.

IX. West Symb. 2 part 153 b. Sect. 326. An Indictment for slandring of a Jury.

Essex ss.

Juratores Dant Curiae hic intelligi quod cum ipsi 10. Die Mar∣tij, Anno &c. Apud S. in Com. predict' cuncti fuerunt ad inquirend' in & interloquend' de diversis Articulis & Offensis super eorum Sacrament' pro dicto Domino Rege ibidem dicto 10. die, &c. Anno &c. supradict' venit quidem T. B. de S. in Com. predict' ut Barractator & Pacis Domini Regis perturbator, & predict' Juratores vili pendit & scandalizavit dicend' sic in his Anglicanis verbis, Fie on you false Varlets, pamperd Knaves, and perjured Knaves, & alia minatoria & contumeliosa verba ejsd' Jurator' dixit magnam redarguationem & vilipedent' Juratorum predict' ac re∣tordationem Execution' eorum Jurament' & contra Pacem &c.

X. Pract. Precedents 54. 55. An Endictment for libelling of a Justice of Peace, Quaere 2 Rich. 2. cap. 5.

Middlesex ss.

Juratores pro Domino Rege super Sacrament' suum pre∣sentant quod cum 10. die Febr. Anno Regni &c. apud G. in Com. predict' Goala dicti Domini Regis castri sui de G. ad Generalem Sessionem Pacis tent' ad tunc & ibidem coram A. B. Milite C. D. Armigero & alijs Socijs suis Justiciarijs dicti Domini Regis ad Pacem in Com. predict' conservand' nec∣non ad diversas Felonias, Transgressiones, & alia Malefacta in eodem perpetrat' Audiend' & terminand' assignat' de quibusdam Prisonarijs in ea∣dem Goala ad tunc existent' & coram eisdem Justiciariis ad tunc & ibidem indictat' ritè justè & secundum leges & consuetund' hujus Regni Angl. de∣liberat' fuit, quidam tamen T. R. nuper de S. in Com. predict' Yeoman, premissorum non ignarus sed machinans & intendens predict' Justiciar' in magnum Scandalium & infamiam inducere, Postea scil. 13. die Martij Anno Regni &c. apud G. predict' in Com. predict' malitiose quendam famosum libellum Angl. vocat' a Libel, in scriptis ad defamationem Justiciar' pre∣dict' edidit & publicavit continent' inter inter alia haec falsa & scandalosa verba sequentia.

All the poor Captains which yet alive do remain, Pray that the Judges of the Land their Causes do retain: For they do bring with them both Judgment and Mercy mingled together, And will not hang four for stealing a Wether.

Innuendo predictos Justiciar' ad predict' Sessionem & Goalae delibera∣tionem injuste & Crudeliter abjudicasse & mandasse quatuor Prisonarum de Prisona predict' per collum suspend' quousque &c. pro furatione Angl' for stealing unius Ovis, ubi revera Justiciarij predict' ad predict' Sessionem & Goalae predict' deliberationem non adjudicaverunt nec mandaverunt quatu∣or Prisonarum de Prison' predict' per collum suspendi pro furatione unius Ovis contrà Pacem dicti Domini Regis Coronam & Dignitatem suas, necnon contrà formam Statut' in hujusmodi Casu edit', & provisi.

Smoak-mony,

see Taxes.

Soap,

see Measures, Merchants.

Souldiers,

see War.

Spinsters,

see Drapery.

Stabbing,

see Coron.

Star-Chamber,

see Riots.

Statutes,

see Parliament.

Stealing,

see Coron.

Stewards,

see Leet, Justices.

Stock,

see Poor, Account, Taxes,

Stocks,

see Imprisonment.

Stoln Goods,

see Coron, Chattels.

Strays,

see Coron, Chattels.

Striking,

see Affray.

Strangers,

see Alien.

Submission,

see Pope.

Subornation,

see Proof, Oath.

Subpena,

see Process.

Subsidy,

see Taxes.

Suggestion and Suits,

see Information, and Action sur Stat.

Supremacy,

see Pope, Oath.

Summons,

see Process.

Sunday,

see Days, Religion.

Supplicavit,

see Peace.

Supervisors,

see Poor, Ways.

Supersedeas.

Release.

I. LAmbert 65. Yea, by good Opinion 2 H. 7. 1. a Supersedeas of the Peace, made by one Justice of the Peace under his Seal, being brought into the Sessions, is a sufficient Record to prove that there is a Re∣cognizance of the Peace taken by the same Justice, and it is Warrant enough to call the Party bound thereupon; and if he makes default, to Record the same, infra.

II. Lambert 95, 96, 97, 98, 99. Hereupon also it hapneth often that such Persons as break the Peace, chusing rather to be bound by any other Justice than by him that maketh the Warrant, do offer themselves and do become bound before some other Justice, and do withal procure a Super∣sedeas from him to be discharged of any other Arrest to be made upon them, Crompt. 138 b. pl. 9.

2. Yea, and many times hearing of such Precepts for the Peace, and misliking to be bound in the Country, they go up to Westminster, and give Surety of the Peace there, either in B. R. for a time only, as the manner of that Court is, or in the Chancery for ever, or for a time, as they use it, and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices, &c. Dalt. 168▪ cap. 69.

3. If therefore a Justice of Peace will by a Supersedeas Discharge a Pre∣cept for the Peace Awarded by his fellow Justice, by vertue of his Office, and not by force of a Supplicavit, which is of a higher nature, and can∣not be so Avoyded, then shall he do well to take the Recognizance after the self same sort in all points, as the form of the Precept, Tit peace 24. doth require, Crompt. 138 b. pl. 9.

4. But this Supersedeas sent by a Justice of Peace, is sufficient, although it neither name the Sureties, nor contain the Sums in which they are bound yet is it the better form to express them both, as well because the higher Courts use so to do, as also that if the Bayliff, Constable, or other Offi∣cer to whom it is delivered, be called at the next Sessions by the Suit of him that sought to have the Peace, to shew how he hath Executed his Warrant, and do come in and shew forth the Supersedeas, then the Par∣ty that is bound may be called thereupon at the day that he appeareth to be limited unto him by the Supersedeas, for it is under the Seal of a Justice, and doth testifie that the Party is bound, and hath found Surety to appear at a certain day, supra, Dalt. 168. pl. 69.

And if he make default, that being recorded, shall be sufficient to cause him to forfeit the Penalty of the Recognizance, although the Justice that Awarded it shall omit to bring in the Recognizance it self, according as he ought now to do by the Statute 3 H. 7. § N. and this may be ga∣thered upon the Opinion 2 H. 7. 1. and may also be seen by this form of the Supersedeas here under written Dalt. 365. cap. 122.

5. W. S. Esquire, one of the Justices of the Peace of our Sove∣raign Lord the King within the County of Kent, to the Sheriff, Bayliffs, Constables, Borshoulders, and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County, and to every

of them sendeth Greeting; forasmuch as A. B. of &c. Yeoman, ••ath per∣sonally come before me at A. &c. hath found ••ufficient Surety, that is to say▪ E. D. & E. F. &c. Yeomen, either of the which hath undertaken for the said A. B. under the p••in of 20 l. and he the s••id A. B. h••th under∣taken for himself under the pain of 40. l. that he the said A. B. shall well and trul•• keep the Peace towards our s••••d Soveraign Lord, and all his Liege People, and specially towards G. H. &c. Yeoman, and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the s••id County, at the next General Sessions of the Peace to be ••olden at M. there, Therefore on the behalf of our said Soveraign Lord, I com∣mand you, and every of you, that ye utterly forbear and Surcease to Ar∣rest, take, Imprison, or otherwise by any means for the said occasion, to molest the said A. B. and if you have for the said occasion and for none other, taken or Imprisoned him, that then you do cause him to be delivered and set at liberty without further delay. Given at A. aforesaid, un∣der my Seal this last day of July &c. Dalt. 364. cap. 121. Crompt. 2••6. pl. 15.

6. This Supersedeas may also be in the name of the King, under the Teste of the Justice of Peace, thus: Charles the Second by the Grace of God, &c. to the Sheriff, &c. Greeting; Forasmuch as A. B. hath come before T. F. Knight, one of our Justices of Peace within our said County, and hath found &c. we therefore command you, and every of you, that ye forbear &c. Witness the said T. F. &c.

7. Thus much of the Supersedeas issuing from a Justice of the Peace, the which ought to withold and stay the proceedings of his fellow Justice in the said c••use, insomuch, that if any Officer by any of their Warrants, having t••is Supersedeas delivered unto him, will nevertheless urge the Party to find new Surety for the Peace, he may refuse to give it, and if he be committed to Prison, for such his refusal, he may, as I think, have his Action of false Imprisonment against the Officer upon the same, Dalt. 168. cap. 69.

8. I read 21 Ed. 4. 40. that a Supersedeas, proceeding out of the Chan∣cery, will discharge 〈◊〉〈◊〉 Surety of the Peace taken before the Justices in B. R. much more then will a Supersedeas sent out of the Chancery, or B. R. dis∣charge a Precept for the Peace that is Awarded from an Inferior Justice of the Peace; and if a Justice of the Peace to whom a Supersedeas out of such high Court shall be delivered, will not thereupon Surcease, an Attachmnet may be awarded against him for his contempt, and he may be Imprisoned and fined for it Crompt. 145 b.

9. It is good Counsel therefore given F. N. B. 238. where he willeth the Justice of Peace, after suc•• a Supersedeas received, to forbear to make any Warrant to Arrest the Party: And if they have Awarded it, then to make their own Supersedeas to the Sheriff, and other Officers, thereby com∣manding them to S••rcease to put it in Execution.

III. Lambert 123. And the like imitation (of a Release of the Peace or good Abearing, Tit. Peace 69.) may be used also for a Supersedeas of the good abearing, if at the least that be grantable by the Justices of the Peace, Dalt. 366. cap 122. infra.

IV. Lambert 112, 113. Furthermore, if a Man be bound before a Justice of the Peace to keep the Peace against all the Kings People, and to appear at the next Quarter-Sessions, and do afterwards procure a Supersedeas out of the Chancery, testifying that he hath found Surety ther•• against all the King-People for ever, this will Discharge his Appearance at the Sessions, because th•• granting of this Supersedeas is the Act of the King, which is the Fountain of Justice, and controlleth all other derived Authorities, Fitzh. 9. Dalt. 169. cap. 69. Crompt. 139. § 12.

2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only, untill a certain day, which day is after those Sessions, then, Mr. Fitzh. thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas, Crompt. 139. pl. 4. 10. 11.

3. In both these Cases also, I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas, if it come to his hands, for peradventure the Recognizance was broken before the Supersedeas purcha∣sed; or if it were not, yet he shall be excused, and the Recognizor ne∣ver a whit the more endangered thereby.

V. Lambert 157, 158. It is, I know, the Opinion of Marrow (that the Sessions on death of that Justice that enquired of forcible Entry, Br. 27. may grant restitution) grounding himself upon the same equity by which the Justices of B. R. are enabled to do it, howbeit it may appear, Dyer 187. pl. that the Law is otherwise taken both therein, and also in the granting of a Supersedeas to stay the Restitution, because no Justices can do the one or the other, but they only that were present at the Sessi∣on when the Endictment was found, except those of B. R. who for the supposed presence of the King, do carry a supream Authority in these Cases of the Crown.

VI. Lambert 378. Yea if two Justices, Quorum unus, make a Pre∣cept for a Sessions of the Peace, all their fellow Justices cannot discharge it by their Supersedeas, but a Supersedeas out of the Chancery will dis∣charge it, saith Fitzh.

VII. Lambert 518, 519. But yet you must presuppose that all this pro∣cess of Utlary may be staid by a Supersedeas.

2. And F. N. B. 237. hath the Case, that if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace, the Party may find Sureties in the Chancery, Body for Body, to appear at the day of the Writ, and may then also have a Supersedeas thence to the Sheriff, commanding him to forbear to take him, and to let him go if he then have already taken him for that cause, Crompt. 145. pl. 10. 11.

3. And again, libr. Intr. 546. you may see the Process upon such an Endict∣ment of Trespass staid by Supersedeas, Issuing from one Justice of the Peace alone, and testifying that the Party came before him, and found Surety, de fine assidendo, Crompt. 145. pl. 8. Dalt. 366. cap. 122.

4. But as I believe F. N. B. 237. so will I not perswade the practice of libr. Intr. 546. because I think it not in the lawfull Power of any one Ju∣stice of the Peace to Award any such Warrant, but that it must be done by two Justices at the least, the one being of the Quorum also, as the Com∣mission now standeth, Dalt. 366. cap. 122.

VIII. Crompt. 138. pl. 10. But it seemeth that another Justice cannot Discharge Precept to the Sheriff, for the Peace made by another, and give another day to the Party to appear at any other Sessions than is exprest in the same Precept, because one Justice hath no more Authority than another, and this Warrant or Precept is a matter of Record, which cannot be discharged by another Justice, Crompt. 122. pl. 133.

IX. Crompt. 138, 139. pl. 11. And if a Man be obliged by Recogni∣zance before any Justice of Peace to keep the Peace against all the Kings Lieges, and to appear at the next General Sessions in the same County, now another Justice of Peace cannot grant a Supersedeas that he shall ap∣pear at any other Sessions, and not at that Sessions to which he is obliged by Recognizance to appear, because he cannot discharge that Recogni∣zance so taken by the other Justice, and the Justice is bound by 3 H. 7. 1. § 1.

N 26. to certifie the Recognizance at the next Sessions, and the Party shall be called thereon, Fitzh. 8 but Nota, there is no Penalty to the Ju∣stice if he doth not certifie by the said Statute.

X. Crompt. 144. 145. pl 1. If a Supplicavit be Awarded out of the Chan∣cery against one to find Surety of the Peace in the County, and the Party cannot travel because of infirmity, or otherwise will not travel himself to the Chancery, he may find Surety there to keep the Peace, and shall have a Supersedeas in the County, and in this Writ it shall be sent to the Justices to take Surety of the Party himself, and by this means his Travel may be saved; see F. N. B. 81. like matter, and Dalt. 168. and 169. cap. 69.

2. A Man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace, and to certifie the Recognizance in Chancery without delay; now if A. B. be taken he shall be bound to the Peace for ever, for it is not contained that he shall bind himself to keep the Peace untill a certain time, but generally, (Crompt. 242 b.) therefore to prevent this A. B. before he is attacht, must bind himself in the Chancery untill a certain day, and shall have a Supersedeas into the County to the Justice and She∣riff to cease to compel A. B. to find Surety upon the said Writ of Suppli∣cavit.

3. A Man found Surety of the Peace in C. B. untill certain day, and then to appear there, before which day a Supersedeas out of the K••ngs Bench came to the Justices of C. B. and it was allowed; and this Writ made mention of the Peace found in B. R. which see Libr. Intr. 416. and Trin. 2 H. 8. Rot. 118. 22. H. 6. 66.

4. One Justice of Peace cannot by Supersedeas discharge a Precept of another Justice Awarded to find Surety to the Peace, before he is bound in Fact.

XI. Crompt. 145 b. 146. When a Man is taken at the Kings Suit, a Su∣persedeas lyeth not, by Babbington, and the whole Court, 9 H. 6. 44. and by him if he be taken for a Fine Recorded upon an Indictment of Tres∣pass, he shall not have a Supersedeas.

XII. Dalt. 168. cap. 69. Also a Justice of Peace of the County by a Supersedeas cannot Discharge a Warrant Awarded by his fellow Justice, by force of a Supplicavit to him directed out of the Chancery or Kings Bench, to take Surety of the Peace of one resident in that County.

XIII. Dalt. 170. cap. 69. All Writs of Supersedeas to be granted by, or out of either of the said Courts of Chancery, or B. R. shall be void, unless such Process be granted upon motion in open Court, and upon such sufficient Sureties as shall appear unto the Court upon Oath to be assessed at 5 l. Lands, or 10 l. in Goods in the Subsidy Book at the least, &c. and unless it shall also appear first unto the said Court, that the Process of Peace or Good-behaviour is prosecuted against him or them desiring such Super∣sedeas, bona fide, by some Party grieved in that Court, out of which such Supersedeas is desired to be so Awarded and directed.

XIV. Dalt. 365, 366, 367, 368. cap. 122. Another Supersedeas of the Peace.

O. G. Sacrae Theol' Doctor, &c. unus Justiciar' Domini Regis &c. om∣mibus Ballivis & Ministris Domini Regis infra Com. predict & eorum' cui∣libet salutem, Quia A. B. & C. D. coram me personaliter constitut' Manu∣ceperunt pro J. S. sub paena 40 l. quas concesserunt & uterque eorum pro se pro toto & in solido concessit ad opus dicti Domini Regis levari si damnum

vel malum aliquid W. T. eveniat de corpore suo, &c. per dictum J. S. vel per procuratorem suum quovismodo vobis & cuilibet vestrum ex parte Domini Regis mando quod captione Corporis ejusdem J. S. quocunque modo cen∣seatur pretextu alicujus sive Warranti vobis seu alicui vestrum in hac parte direct' seu dirigend' supersedeatis & sine dilatione deliberari facias,

Datum &c.

Another of good-abearing.

[ 2]

H. B. unus Justiciar' Domini Regis &c. Vicecom' &c. salutem;

Quia J. S. sufficient' securitat' de Pace & de bono Gestu suo erga Dominum Re∣gem & precipuè erga W. T. coram me invenit, ideo ex parte dicti Domini Regis vobis & cuilibet vestrum mando & precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitate Pacis inveniend' capiend sive Arrest∣and. omnino Supersedeatis, & si ipsum J.S. ea occasione ceperitis sive Impri∣sonaveritis tunc eum deliberari facias si ipsum ea occasione & non alia deti∣neatur,

Teste, &c.

3, If the Prisoner be in the Goal, see another form, Dalt. 389. 390. cap. 127. and Dalt. 368. cap. 122.

F. B. Armiger unus Justiciar' &c. Vicecom' seu Custod' Goalae &c. Quia J. S. in Prisona Domini Regis in Custodia tua existent' ad sectam cujusdam A. L. de se bene Gerend' (vel pro pace Gerend') erga Dominum Regem & cunctum Populum suum & precipue erga predict' A. S. invenit coram me sufficient' securita••' (vel quatuor Manucaptores) scil' A. B. C. D. E. F. & G. H. &c. qui manuceperunt pro predict' J S. quod ipse J. S. non inferret nec, Inferri procurabit per se nec per alios eidem A. S. seu alicui de Populo dicti Domini Regis aliquid' Damnum seu Gravamen de corpore suo per Mi∣nas, insidias, Insultum seu aliquo alio modo quod in lesionem seu perturbatio∣nem pacis Domini Regis sedere valeat Quovismodo viz. quilibet eorum manucaptorum sub plena 20 l. ideo ex parte dicti Domini Regis tibi mando quod predict' J. S. in Prisona Domini Regis in Custodia tua ea occa∣sione & non alia existent' indilatè deliberari facias, Dalt. &c.

4. Note, that upon good Sureties taken for the Good-behaviour, a Su∣persedeas of the Goodbehaviour may be granted as for the Peace, mutatis mutandis, supra.

5. Note also, that a Supersedeas de capias Indictatum de transgressione, and so of an Exigent may be granted by the Justices of Peace out of Sessi∣ons, for otherwise it were mischievous, for the Party as well by reason of his Imprisonment, as also for that he may be outlawed before the Sessions, if the Justice of Peace might not take Sureties of him for his Appearance, and all is but to appear to Answer to the Indictment.

6. Crompt. 138. pl. 9. is of Opinion, That these Supersedeas may be granted by any one Justice of Peace, with whom agreeth Lib. Int. 546. supra. But Lambert 519. supra. thinketh it not in the Lawful Power of any one Justice of Peace to grant such Supersedeas at this day, but that it must be done by two Justices at the least, and the one being of the Quo∣rum: Nevertheless for that I find the old Precedents to run in the name of one Justice, of the Peace alone, I have drawn these accordingly, per∣swading notwithstanding the joyning of two Justices herein, and the one of the Quorum, if they may Conveniently.

7. A Supersedeas de Capias Indictatum de Transgressione, Crompt. 233 b. pl. 8. Lamb. Precedents. 24. pl. 67.

Cantabr. ss.

A. E. Sacrae Theol' D. unus Justiciar' Domini Regis, nunc ad Pacem in Com. predict' conservand' necnon ad divers' Felonias Transgr' &c. in eodem Comitat' Audiend' & terminand' assignat' Vicecom' Comitat' predict' Salutem;

Quia C. D. de A in Com. tuo Yeoman, venit coram me & invenit sufficientes manucapt' essendi coram Justiciar' dicti Domini Regis ad Pacem in Com. predict' conservand' necnon ad divers. felon' &c. in dict' Comitat' Audiend' & Terminand' assignat' ad generalem Sessionem Pacis apud C. in Com. predict' proxim' die tenend' ad respondend' dicto Do∣mino Regi de quibusd' transgr' contempt' & offensis unde indictat' existit, ideo ex parte dicti Domini Regis tibi precipimus quod de capiend' prefat' C. D. seu ipsum Imprisonand' aut eum ea ex causa aliqualiter molestand' om∣nino supersed' & si eum ex causa & non alia ceperitis tunc ipsum sine di∣latione deliberari facias,

Teste me, &c.

XV. Crompt. 234. A Supersedeas of a Capias Indictat', and so of an Exigent by one Justice of Peace made out of Court, are good, for other∣wise there would be a mischief for the Imprisonment, and he may be Ut∣lawed before the Sessions, if one Justice of Peace cannot bind him to appear, and all is but to appear to answer to the Indictment, supra.

2. Two Justices of Peace out of Sessions may Award a Supersedeas up∣on a Writ of Restitution upon 8 H. 6. 9. § N. Awarded at the general Sessions, because the Indictment was insufficient in Law, but without special cause they cannot, &c. Quaere of this last.

3. It is said that one Justice of Peace cannot Award a Capias nor other Process, but there must be two Justices at the least, and this Sedente Cu∣ria in Sessionibus & non contra, Peace Br. 6.

XVI. Crompt. 234. pl. 9. Supersedeas de Capiendo Indictat' de Transgr' Quia invenit plegios pro fine extrà Sessiones: Dalt. 367. cap. 122.

Staff. ss.

R. B. Miles, Migister Rotulorum Cancellar' Domini Regis nunc, ac unus Justiciar' dicti Domini Regis ad Pacem in Com. predict' conservand' necnon ad divers. Felonias Transgr' & alia malefact' in eodem Comitat' au∣diend' & terminand' assignat' Vicecom' Comitat' predict' ac omnibus & singulis Ballivis Constabular' ceterisque dicti Domini Regis Ministr' tam infra Libertat' quam extrà in Com. predict' Salutem:

Licet nuper per Breve dicti Domini Regis vobis seu uni vestrum precept' fuit quod caperetis seu unus vestrum caperet A. B. de S. in Com. predict' Yeoman, si invent' fuerit in eodem & ad ipsum salvo Custodiend', Ita quod haberetis seu unus vestrum haber••t corpus ejus coram Custodibus Pacis ac Justiciar' dicti Domini Regis ad Pacem in Com. predict' necnon ad divers. felon' transgr' & alia malefact' in eodem Comitat' Audiend' & terminand' assig∣nat' apud Staff' D••e &c. ad respondend' dict' Domino Regi de divers, con∣temp••' & transgr' unde coram dictis Justiciar' indictat' existit' quia modo predict' A.B. venit coram me & invenit sufficient' plegios pro Fine suo cum dict' Domino Rege pro premissis faciend' ideo ex parte dicti Domini Regis vobis conjunctim & divisim mando quod ad Execution' Brevis predict' ulteri∣us faciend' supersedeatis omnino & si ipsum A.B. ea occasione & non alia ce∣peritis & in prisona dicti Domini Regis detinueritis tunc ipsumsine dilatione ab eadem deliberari facias et habeatis seu unus vestrum habeat hoc preceptum ad Sessiones predict' Dat. 20. die Julij Anno Regni dicti Domini nostri Jac. Dei Gratia, &c.

XVII. Crompt. 134, 235. pl. 11. Supersedeas de Capias pro Fine, Dalt. 367. cap. 122.

Staff ss

R. E. Miles, unus Justiciar' Domini Regis nunc ad Pacem in Com. predict' conservand' assignat' Vicecom' Com. predict' Salutem;

Quia C. D. de A. in dicto Comitat' Yeoman, venit coram me & invenit sufficientes manucapt' essendi ad proxim' generalem Sessionem Pacis in Com. predict' tenend' ad faciend' finem cum dicto Domino Rege pro quibusd' transgr' contempt' & offensis unde indictat' existit, ideo ex parte dicti Domini Re∣gis tibi precipio quod de capiend' prefat' C. D. Imprisonand' seu ipsum ea occasione aliqualiter molestand' omnino supersedeatis, & habeas ibi tunc hoc Precept',

Teste me prefat' R. E. 10. Die Augusti, Anno Regni, &c.

XVIII. Crompt. 235. pl. 13. Supersedeas de Capias indictat' de felonia, &c. Dalt. 367. cap. 122.

Staff. ss.

T. G. Armig' unus Justiciar' Domini Regis nunc ad Pacem in Com. predict' conservand' assignat' Vicecom' Com. predict' necnon omnibus & singulis Ballivis Constabular' Caeterisque dicti Domini Regis nunc Mi∣nistris tam infra Libertates quam in dicto Com. Salutem;

Quia A.B. de C. in Com. predict' Husbandman, venit coram me & invenit, sufficient' secu∣ritatem essendi coram Justiciar' dicti Domini Regis ad pacem in Com. pre∣dict' conservand' necnon, ad divers. felon' transgr' & alia. malefact' in eo∣dem Comitat' Audiend' & terminand' assignat' ad proximam generalem Sessionem pacis in Com. predict' tenend' ad respondend' dicto Domino Re∣gi de divers. felon' & transgr' unde coram eis Indictat' existit', ideo ex par∣te dicti Domini Regis, vobis & cuilibet vestrum mando quod de Capiend' predict' A. B. ea ex causa supersedeatis omnino & si eum ea occasione & non alia Ceperitis seu Imprisonaveritis tunc ipsum sine dilatione deliberari fa∣cias,

Dat' 10. die Junij Anno Regni, &c.

XIX. Lamb. Precedents 24. pl. 68. A Supersedeas to stay the exigi facias upon an Indictment of Felony, Dalt. 368. cap. 122.

Kent ss.

Carolus secundus Dei Gratia &c.

Vicecom' Com. Kanc' Salutem;

Quia A. B. de C. in dicto comitat' tuo Yeoman, Venit in curiam nostram apud M. 5. Die Julij Anno Regni &c. coram H. C. Milite & socijs suis Custodibus pacis nostrae necnon Justiciarijs &c. ac se reddidit Prisonae nostrae occasione quarund' feloniarum unde coram eis Indictatus est & in eadem moretur sicut nobis Constat' (or thus, Quia invenit nobis sufficient' manu∣capt' essendi coram prefatis Justiciarijs ad proximam Generalem Sessionem Pacis in dicto Comitat' tenend' ad respondend' nobis de quibusd' felonijs unde coram eis Indictatus Existit:) Ideo tibi precipimus quod de ulterius exi∣gendo prefat' A.B. ad aliquem Comitat' tuum vel eum Imprisonand' sive ip∣sum ea occasione molestando omnino Supersedeas & Habeas ibi hoc Breve, Teste prefat' H. C. &c.

2. Some other forms of Supersedeas there be in that old Book of the Ju∣stices of Peace, Imprinted, proceeding from one of the Justices of the Peace, which I do pretermit, because I see not how they be Warranted at this day.

XX. Crompt. 337. b. pl. 20. A Supersedeas of the Peace upon a Writ of Supplicavit out of the Chancery against an Enfant who must find Surety to be bound for him, for he himself shall not be bound, Moin Br. 14. Dalt. 365. cap. 122.

Staff. ss.

E. L. Armiger, unus Justiciar' Dominae Reginae ad pacem in Com. predict' conservand' assignat' Vicecom' ejusdem Comitat' ac omnibus & sin∣gulis Ballivis Constabular' ceterisque dictae Dominae Reginae Ministris tam infra libertates quam extra in Com. predict' Salutem;

Sciatis quod Breve dict' Dominae Reginae recepi in haec verba (reciting the Supplicavit ver∣batim) & quia predict' J. B. & C. A. coram me prefat' E. L. personali∣ter comparuerunt & predict' J. B. Manucepit pro dicto C. A. qui infra aetatem 21. Annorum Existit' in 20 l. Quas recognovit se debere dictae Do∣minae Reginae ac concessit de terris & tenement' Bonis & Catallis suis ad opus dictae Dominae Reginae levand', viz. quod predict' C. A. Damnum seu Ma∣lum aliquid alicui de populo dictae Dominae Reginae de Corpore suo vel de incendio Domorum suarum non faciet nec fieri procurabit quovismodo: Ideo ex parte dictae Dominae Reginae vobis & cuilibet vestrunt mando quod de Arrestand' attachiand' dict' C. A. inveniend' aliquam securitatem pacis per ipsum Gerend' erga dict' Dominam Reginam & cunctum po∣pulum suum seu alicui de eodem populo suo coram vobis seu aliquo. vestrum iterum inveniend' Supersedeatis seu Supersederi faciatis omni∣no & si ipsum C. A. ea occasione & non alia Ceperitis seu Capi Manda∣veritis & in Prisona ipsius Dominae Reginae sub Custodia vestra detinue∣ritis tunc ipsum a Prisona illa in qua sic detinetur sine dilatione deliberari ••aciatis seu unus vestrum deliberari faciat,

Teste me prefat' E. L. 20. Die Maij Anno Regni, &c. 35.

Surety,

see Bail, Recognizance.

Suspition,

see Coron, Intendment.

Surplusage,

see Account.

Swans,

see Fowl.

Swearing,

see Oath.

Tales,

see Slander.

see Enquest.

Tales,

see Slander.

see Enquest.

Tanners,

see Leather.

Taverns,

see Wine.

Taxes.

Tole, Merchants, Poor, Ways, Excise, Chim∣ney-Money, Subsidies, Stock, Rates, Assess∣ment.

* 267.1I. LAmbert 333. If a Person that ought to be set to the Subsidy do by his craft or covin escape the Taxation, and that be proved before two Justices of Peace of that County, then shall he be charged at the dou∣ble value of so much as he ought to have been Taxed at, and shall further be punished at the discretions of the said Justices 39 Eliz. 27. § N. and divers former Acts of Subsidies, Dalt. 137. cap. 54.

II. West. Symb. 1 part Sect. 631. A Certificate for payment of Subsidy∣mony, Justice restored 51, 52.

We whose Names are here under written Commissioners of our Sove∣raign Lady the Queens Majesty, amongst others within the County of W. for the Taxation, levying and Collection of the second payment of the first of the two Subsidies granted to her Majesty in the Parliament holden at W. in the 31. year of her Highness Reign, do signifie unto the Right Honourable the Lord Treasurer, the Barons of the Exchequer, and to all other her Ma∣jesties Commissioners, and Officers, to whom it shall appertain, that A.B. of W. in the County of W. Esquire, is Taxed and assessed, to pay to our Soveraign Lady the Queens Majesty, for the second payment of the said first Subsidy, and hath paid &c. after the Rate of 20 l. in Lands amongst the Inhabitants of the Parish of W. in the Hundred of &c. in the said County of W. at which place the said A. B. was altogether resident with his Fa∣mily at the time of the Taxation of the said Subsidy.

Given under our Hands and Seals the 5. day of May, in the year &c.

III. Kilb. Precedents. 107. A Mittimus for disturbing a Collector of Chimny-mony, 16 Car. 2. 3, § 4. N.

To the Constable and Borshoulders of the Hundred of A. and to e∣very of them, and to the Keeper of his Majesties Common Goal for the said County at M. in the County aforesaid.

Kent ss.

Forasmuch as it hath been duly proved before me that A. B. an Officer duly appointed to Receive, Collect and Answer the duty arising by Fire, Hearths and Stoves in this County, according to an Act of Parliament, Intituled An Act for Collecting the Duty arising by Hearth-mony by Officers to be appointed by his Majesty, hath been violently opposed (or injured) in the due Execution of the said Act by C. D. These are therefore in his Majesties Name to charge and command you the said Constable and Bor∣shoulders, and every of you, that you, some or one of you do take the said A. B. and him safely convey to his Majesties Goal aforesaid, and there deliver him to the Keeper of the same, together with this Precept, com∣manding also you the said Keeper to receive him into the said Goal, and him there safely to keep by the space of, &c. (viz. any time not excee∣ding a Month) next after such delivery of him unto you; hereof fail not at your perils.

Given under my Hand and Seal the eighth day of &c.

IV. Kilb. Precedents 133 A Warrant to levy the forfeiture for not pay∣ing the Excise by Alehouse-keepers, &c. 12 Car. 2. 24. § 15.

To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them.

Kent ss.

Forasmuch as complaint hath been made unto us whose Names are hereunto subscribed (viz. to his Majesties Justices of the Peace of the County aforesaid, that A. B. of C. in the said County of K. Alehouse-keep∣er &c. hath not paid or cleared off his duty of Excise unto such Person, as by the Statute in that behalf made is appointed, according to the Entry of the said A. B. in that behalf made, as by the Statute aforesaid is directed, and upon Examination of the complaint aforesaid we do find the same to be true, These are therefore in his Majesties Name to will and require you, and every of you, that you, some or one of you do levy the Sum of &c. upon the Goods and Chattels of the said A. B. being the double value of the duty so not paid or cleard off, and by him forfeited according to the form of the said Statute, and to sell the said Goods and Chattels (if they shall not be redeemed within 14 days) and that you pay the Moneys so levyed to such Person or Persons as by the said Statute is directed, rendring to the said A. B. the overplus, if any be, and for want of sufficient di∣stress that you do forthwith certifie us thereof, to the end we may further proceed touching the same as by Law is appointed: Hereof fail not at your perils.

Given under our Hands and Seals the 10. day of &c.

V. Kilb. Precedents 134. For not paying the Excise by a Brewer, on 12 Car. 2. 24. § 15. N.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as complaint hath been made unto us whose Names are hereunto subscribed (viz. to) his Majesties Justices of the Peace of the County aforesaid, that A. B. of C. in the County aforesaid Common Brew∣er, hath not paid nor cleared off unto such Person, as by the Statute in that behalf made is appointed, according to the Entry of the said A. B. in that behalf made, as by the Statute is directed, and upon Examination of the Complaint aforesaid we find the same to be true; These are therefore in his Majesties Name to will and require you, and every of you, that you, some or one of you do levy the Sum of &c. upon the Goods and Chattels of the said A. B. being the double value of the Duty so not paid or cleared off, and by him forfeited according to the form of the Statute aforesaid, and to see the said Goods and Chattels (if they shall not be redeemed with∣in fourteen days, and that you pay the Moneys so levyed to such Person or Persons as by the said Statute is directed, rendring to the aforesaid A. B. the Overplus, if any be, and for want of sufficient distress that you do forthwith certifie us thereof, to the end that we may proceed touching the same as by Law is appointed: Hereof fail not &c.

VI. Kilb. Precedents 135. For not entring the duty of Exceise, on 12 Car. 2. 24. § 15. N.

To the Constable &c.

Kent ss.

Forasmuch as complaint hath been made unto us whose names are hereunto subscribed, 2 of his Majesties Justices of the Peace of the County aforesaid that A. B. of C. in the said County of K. &c. hath not not made

such due and particular entry of Beer (Ale, Sider, Perry, Metheglin, or Strong-water, &c.) as by the said Statute is required, and upon Examinati∣on of the complaint aforesaid, we do find the same to be true; These are therefore in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy the Sum of, &c. upon the Goods and Chattels of the said A. B. being the double value of the duty so not paid or cleared, of and by him forfeited, according to the form of the Statute aforesaid, and do sell the said Goods and Chattels of the said A.B. if they shall not be redeemed within 14. days, and that you pay the moneys so levyed to such Person or Persons as by the said Statute is directed, rendring to the aforesaid A. B. the Overplus, if any be; and for want of sufficient distress, that you do forthwith certifie us thereof, to the end we may further proceed touching the same, as by Law is appointed; hereof sail not at you perils.

Given under our Hands and Seals the 5 day of &c.

VII. Kilb. Precedents 136, A Warrant for not suffering to Gage the Vessels on 12 Car. 2. 23. § N.

To the Constable, &c.

Kent ss.

Forasmuch as complaint hath been made unto us whose Names are hereunto subscribed, his Majesties Justices of the Peace of the said Coun∣ty, that A. B. of C. in the County aforesaid Brewer (Innkeeper, Victual∣ler, Retailer of Beer, Distiller of Strong-water, or Retailer of Ale, Sider, Perry, Metheglin, or Strong-water) hath refused to permit C. D. a Ga∣ger, appointed according to the Statute aforesaid, to enter into his House, Outhouse &c. to Gage or take account of his Beer, &c. yet notwithstand∣ing the said A. B. after warning given &c. hath sold and retailed &c. Beer, (Ale, &c.) not having paid or cleared off the duty of Excise: And upon Examination of the said Complaint, we do find the same to be true, These are therefore in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy upon the Goods and Chat∣tels of the said A. B. five pounds for his Offence aforesaid, and sell the said Goods and Chattels, if they shall not be redeemed within 14. days, and that you do pay the Mony so levied to such Person or Persons as by the said Statute is directed, rendring to the aforesaid A. B. the Overplus, if any be; and for want of sufficient distress, that you do forthwith certifie us thereof to the end we may further proceed touching the same, as by Law is appointed; hereof fail not at your perils.

Given under our Hands and Seals the 10. day of &c.

VIII. Kilb. Precedents 137. A Warrant for loss of allowance for ma∣king false Entries 12 Car. 2. 23. § N.

Kent ss.

Forasmuch as by the Statute in that behalf made, it is enacted that all common Brewers and makers of Beer, or Ale, not selling the same by retail, for and in Consideration of wast by Filling and Leekage of their Beer and Ale, shall have and be allowed our of the Retorns made by the Gagers upon every three and twenty Barrels of Beer, whether strong or small, Retorned by the said Gagers, three Barrels; and upon every two and twenty Barrels of Ale, whither strong or small, Retorned by the Gagers, two Barrels; and forasmuch as A. B. of C. in the said County, Common Brewer, hath this present day been duly convicted before us, that he hath wittingly and willingly made a false Entry of Beer &c. by him lately Brewed, contrary to the form of the Statute aforesaid, we do therefore adjudge that the said A. B. shall forfeit and lose for his Offence aforesaid, over and besides the Penalties in the said Act mentioned, the said

allowance so to be made, for six Months now next ensuing:

Given under our Hands and Seals the 10. day of &c.

IX. Kilb. Precedents 138. A Warrant upon complaint of a false Entry, 12 Car. 2. 23. § N.

To A. B. of C. in the County.

Kent ss.

Forasmuch as complaint hath been made unto us, that you A. B. of C. &c. contrary to the Statute in that Case made and provided, These are therefore in his Majesties Name to require you to appear before us (viz. two Justices) at the House of D. in E. in the County aforesaid, upon the 22. day of this instant May, to Answer to the premisses; hereof fail not at your peril:

Given under our Hands the 28. day of May, &c.

X. Kilb. Precedents 138, 139. A Mittimus where there is not sufficient to pay the Excise.

To the Constable and Borshoulders of the Hundred of A. and every of them, and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid.

Kent ss.

Whereas by Warrant under our (viz. two Justices) hands, you the said Constable and Borshoulders were required to levy of the Goods and Chattels of A. B. of C. in the said County, &c. by him forfeited according to the form of the Statute (Intituled a grant of certain Impositions upon Beer, Ale, or other Liquors, for the increase of his Majesties Revenue du∣ring his Life) and you the said Constable have this day certified us that the said A.B. hath not sufficient distress whereby the said &c. can be levied, These are therefore in his Majesties Name to will and require you, 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 aforesaid Keeper of the same, together with this Precept, requiring also you the said Keeper to re∣ceive him into the said Goal, and him there Imprison till satisfaction be made of the aforesaid Forfeiture &c. hereof fail not at your perils:

Given un∣der our Hands and Seals the 10 day of May &c.

XI. Kilb. Precedents 139. A Certificate upon taking the Oath of Offi∣cers of Excise 12 Car. 2. 23. § N.

Kent ss.

We whose Names are hereunto subscribed, his Majesties Justices of the Peace of the County aforesaid, do certifie that A. B. of C. in the said County hath before us this present day taken the Oaths of Allegiance and Supremacy, and the Oath mentioned in the Statute made in the 12 year of his now Majesties Reign (intituled A grant of Certain Impositions upon Beer, Ale and other Liquors for the increase of his Majesties Revenue during his Life.)

Given under our Hands and Seals the second day of May in the 31. year of the Reign of &c.

2. This Oath is by the Justices to be certified to the next Quarter-Sessi∣ons.

XII. Kilb. Precedents 140. A Warrant against one for 10 l. for bribing &c. an Excise Officer 15 Car. 2. 11.

To the Constable &c.

Kent ss.

Forasmuch as it hath been duly proved before us (viz. two Ju∣stices) that A. B. of C. &c. Brewer did Bribe (or corrupt, give mony, fee, or other reward &c.) to J. S. Gager (or other Officer) to make a false Re∣turn

turn or report unto the Officer of Excise of Beer, Ale, &c. Excisable within his division (charge or walk) in the said County (or to forbear or omit the doing or Executing of his place or imployment) against the form of an Act of Parliament lately made, intituled An additional Act for the ordering and collecting the duty of Excise and preventing the abuses therein, whereby he hath forfeited 10 l. for his said Offence. These are there∣fore in his Majesties Name, to charge and command you, and every of you, to levy by distress and Sale of the Goods of the said A. B. the aforesaid 10 l. rendring to him the Overplus thereof, and thereof fail not at your perils:

Given under our Hands and Seals the 10 day of May &c.

XIII. Kilb. Precedents 141. A Mittimus against the Offender for not paying the said 10 l. 10 Car. 2. 11.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Ma∣jesties Goal for the said County at C. in the County afore∣said.

Kent ss.

Whereas it was duly proved before us that A.B. of C. &c. Brewer, did Bribe C.D. Gager to make a false Return into the Office of Excise of Beer &c. Excisable within his Division in the said County, against the form of an Act of Parliament lately made, intituled An additional Act for the ordering and collecting the duty of Excise and preventing the abuses therein, whereby he forfeited 10 l. for his said Offence; and we did therefore by War∣rant under our Hands and Seals charge and command you to levy by distress and Sale of the Goods of the said A. B. the aforesaid 10 l. and you the said Constable have retorned to us that for want of such distress you, could not levy the same: These are therefore in his Majesties Name to charge and com∣mand you the said Constable and Borshoulders, and every of you to attach the said A. B. and him to convey to his Majesties Goal aforesaid, and there deliver him to the Keeper of the same, together with this Precept, com∣manding also you the said Keeper to receive him into the said Goal, and him there safely keep by the space of three Months without Bail or Main∣prise Hereof: fail not at your perils.

Given under our Hands and Seals the 10. day of May &c.

2. The like as supra, mutatis mutandis, against any sworn Gager or other Officer that shall take and receive any Bribe, mony, Fee, Gift or other reward of any Brewer or other Person, for any cause or matter retaining to the Exercise.

XIV. Kilb. Precedents 142, 143, 144. A Warrant to distrain for the du∣ties of Excise.

To T. O. and J. T. Gent' and to either of them, and such other Per∣sons as they or either of them shall take to their, or either of their assistance in Execution hereof.

Kent ss.

Whereas Complaints were lately made unto us S. B. and R.K. Esquires, two of his Majesties Justices of the Peace of the said County by the Officers of Excise, that the several Persons hereunder named had committed the several and respective Offences, hererein after mentioned, and severally added to their several Names, against the form of several Statutes made for payment to his Majesty of the duties of Exc••se, and forasmuch as upon hearing of the said Complaints this pre∣sent day it was duly proved before us, that the said Complaints were true, and we have therefore according to the form of the Statutes aforesaid ad∣judged

that the several and respective Persons, shall for his and their seve∣veral and respective Offences forfeit and pay the several Sums of Mony here under added to their several and respective Names, that is to say,

T. D. of H. in the said County Vintner a Retailer of Beer, &c. for for∣feiture for neglect of entring by the space of 12. Months, last past, of Beer &c. by him retailed within the said time 24 l. and for double the Duty of Exercise for 25. Barrels 3. Firkins and 5. Gallons of Beer of above 6 s. the Barrel, and for 3. Barrels and 3. Firkins of Beer, of 6 s. per Barrel or under, he not having paid the single duty, or any of the same 8 l. 14 s. ob. in all 32 l. 14 s. ob.

J. L. of H. aforesaid Cordwinder, for forfeiture for neglect to appear before us this day to give Evidence for discovery of Breaches of the Laws of Excise, the 10 day of May, at H. &c. (viz. the day and place of condem∣nation) notwithstanding that he was summoned so to do according to the Statute in that behalf made, 40 s.

E. B. Late of B. in the said County Laborer, for the like, 40 s. and for forfeiture for that he refusing to permit the Gager to Gage or take account of Beer by him Brewed, and being thereupon forbidden by the said Ga∣ger to sell any of the Beer aforesaid, he after such warning given, did sell the s••me not having paid or cleared the Duty of Excise, 5 l. and for Costs and Charges of the Officer and others imployed in the Services touch∣ing the Premisses, 5 s. in all 7 l. 5 s.

These are therefore in his Majesties Name to Authorise and command you, and every of you, to levy the aforesaid several and respective Sums of Mony upon the Goods and Chattels of the said several and respective Offenders, and to make Sale of the said Goods and Chattels if they shall not be redeemed within 14. days, rendring to the Parties the Overplus, if any be, and for want of sufficient distress, to certifie us, or one of us, of the same, to the end that such further proceedings may be made therein, as by the Laws and Statutes aforesaid are required: And you are hereby fur∣ther Commanded to dispose of all such Moneys as you shall by virtue here∣of levy or receive, in such manner as by the Laws and Statutes afore∣said is appointed,

Given under our Hands and Seals the 15. day of May &c.

2. All the before mentioned Warrants upon 12 Car. 2. 23. will also serve, Mutatis mutandis, upon the other Statute touching the Excise made the same Parliament 12 Car. 2. 24. § 15. &c. Entituled An Act for ta∣king away the Court of Wards and Liveries,

XV. Dalt. 167. cap. 63. Edit. 1666. In the Default of the Parishioners,* 280.1 Churchwardens, & Constables that shall not assess the Tax imposed upon the Parishioners by the Justices at their Easter-Sessions, towards the relief of the Prisoners in the Kings Bench and Marshalsey, and of the Hospitals of that County, and of the losses by Fire, Water, and other Casualties, and relief of the Poor within that County, any Justice of Peace, dwel∣ling in that Parish, or if none dwell there, in the parts next adjoyning, may assess the same, and the same Justice, or any other Justice of Peace of that Limit, in default of the Church-Wardens and Constables, may levy the same by Distress and Sale of the Goods of the Party refusing or neglecting to pay his Part thereof, rendring to the Party the O∣verplus, and in default of such Distress, any Justice of Peace of that Limit may commit such Person to Prison, there to remain without Bail till he hath paid the same 43 Eliz. 2.

XVI. Dalt. 167. cap. 63. Edit. 1666. Also in default of the Parishio∣ners, Church-Wardens and Constables that shall not assess the Tax impo∣sed upon the Parishioners by the Justices at their Easter-Sessions towards the relief of maihmed Souldiers and Mariners, any Justice of Peace dwel∣ling in that Parish, or if none dwell there, in the Parts next adjoyning, may assess the same and the same Justice of Peace in default of the Church-Wardens and Constables may levy the same by Distress and Sale of the Goods of the Party refusing, or neglecting to pay his part thereof, rendring to the Party the Overplus, but in default of such distress, the Justices of Peace may not commit such Person to Prison, as they might in the for∣mer case 43 Eliz. 3.

XVII. Dalt. 167, 168, 169. cap. 63. Edit. 1666. Now in these Cases and other Rates and Taxations, you shall observe these Rules following. First, that the most reasonable Rating of Land is by the yearly value and quality thereof, and not by the quantity or content, 9 Co. 12.

2. He that occupyeth in his own hands Lands lying in several Parish∣es, shall be charged in every Parish proportionally for his Land there, 5 Co. 67.

3. The Fermer shall be rated for the Lands, and not the Lessor or Land∣lord, 5 Co. 65.

4. The Landlord shall not be rated or Taxed for his Ferm-rents, in as much as the Fermor or Occupyer of the Land is chargeable for the same Lands, so where any Fermor is assessed by his Goods, I ought not to be as∣sessed for my Rent of the same Ferm, 7 H. 7. 33. and 11 H. 4. 35. Quinzim Br. 2. 4.

5. Upon a complaint to the Judges of Assize in the County of Lincoln, it was resolved and ordered, that the Lands in the Parish, and not the Rent neither of that Land, nor of other Lands could be Taxed, at Assizes at Lincoln, 1633. Sir Anthony Irbies Case.

6. By Goods in most Cases a Man may be rated as well as by Lands, but not both by Goods and Lands, as it seemeth, the like you may see in di∣vers Act of Subsidies, wherein there is usually a special Proviso, that no Person shall be Taxed both for his Lands and Goods, nor doubly rated, 27 Eliz. 29. 29. Eliz. 8. and 31 Eliz. 15. and 35 Eliz. 13. and 39 Eliz. 26. and 43 Eliz. 18. and 7 Jac. 23. and 18 Jac. 2. and 21 Jac. 34. 3 Car. 1. 7. And yet see 44 Ed. 3 Customs, Br. 6. Where a Tax of ten pounds was made by the Parishioners for the amending of their Church, and was Taxed to be levyed of every Plow-land 6 d. and of every Cow 1 d. and of every 10. Sheep ob. and J. S. for his Land, Cows, and Sheep, was rated at 9 s. and was distrained for the same, and upon a Replevin by J. S. sued, no Exception was taken to the manner of Rate imposed upon J. S. but Note, that the said Tax was made by his Consent, & consensus tollit errorem, 5 Co. 36. 40.

7. So then he that hath both Lands and Goods shall be charged by the best of them both, but he is not to be double charged, scil. by the one and the other; and yet in some places they do use to charge one Person both by Lands and Goods, which if it be warrantable by Law, yet it seemeth to be with this difference, scil. that where a Man occupieth Land, and also hath in his hands a great estate or stock of Merchandise, or be also a Clothier, Malster, or the like, that such Person peradventure may be charged by his Lands and also by such his Stocks, but for such Goods or Stock of Cattle, whereby a Man doth occupy, compas or manure his Lands, as for Horses, Sheep, Kine, &c. wherewith he stocketh his Land, a Man shall not be charged, scil. if he be charged by his Land he

shall not also be charged for such his Cattle which do manure the same Land.

8. Also where a Man is rated by his Goods, it seemeth reasonable that such Goods be rated after the value of Lands to be purchased, scil. 100 l. in Stock or Goods to be rated after 5. or 6 l. pounds per Annum in Lands, and so after the like proportion for a greater or lesser Estate in Goods, Stock, Merchandize or the like.

9. Note, that where a Man is charged by Goods, they must be bona No∣tabilia, as it seemeth, and yet the Subsidy Men are rated not only by their Stock of Merchandize, or Cattle, Corn, Household-stuff, or other moveable Goods, which are Notabilia, but also to their Coin and Debts owing to them, deducting such Debts as they owe to others, and such Debts as be desperate: But there the Party over-rated upon his com∣plaint to the Commissioners, and his Oath taken before them, that his Goods, Coin, or Debts be not of such value (which Oath the said Commissio∣ners are Authorized to take by the Statute,) the said Commissioners may abate the said Assessments, according as upon such Examination shall appear to them just.

10. Also for Goods a Man shall be charged only in the Town where the Goods be at the time of the Assessment, Quinzim Br. 4. 6. See 9 H. 4. 7. § N.

11. Also if a Man be Assessed for his Goods in D. when as he hath no Goods there, and be Distrain'd for such Assessment, he may have an Action of Trespass, Quinzim Br. 3. 4. 9.

12. The Constables or other Officers, and great part of the Parishioners upon a General warning given in the Church assembled, may make such Taxations by Law, 5 Co. 6. 7. Fitzh. 49.

The like may be done by the Church-Wardens, and greater part of the Parishioners for Church Charges.

And if the greater part of the Parishioners will not meet upon such warning given, it seems the Officers and such of the Parishioner, as will meet, may make such Taxations.

13. Note, that such Taxations being made for a Common-wealth, as for the making or amending of a Bridge, High-way, Causey, Sea, or the like, they shall bind all Persons, although they assent not, 44 Ed. 3. 18. 19. Customs Br. 6. Fitzh. 49. 5 Co. 63.

And so of Taxations made to repair the Church, or for other common Town Charges, as it seemeth where such Taxations are made by the greater part of the Parishioners, as aforesaid, 5 Co. 63. 67. and 21 H. 7. 20 b. pl. 8 Ed. 1. Assize 413.

14. Also when Assessments are made for the reparations of Bridges, High-Ways, Sea-bounds, Causeys, and the like, it seemeth that the Sum assessed upon particular Men or Towns, ought to be competent and rea∣sonable, having regard to the benefit which the Parties Assessed or char∣ged, shall and may have and enjoy, by reason of the said Assessment, and so reasonable, as that the Parties shall or may have more Benefit than charge thereby, and then such Assessments cannot be reputed Burthen∣some, or a charge to the Subject, when he shall or may reap benefit there∣by, 13 H. 4. 14. Patents Br. 12. and 5 Co. 63 b.

15. If a Township be Amerced, and the Neighbors do by assent Assess a certain Sum upon every Inhabitant, and do agree that J. S. shall gather it up, and that if it be not paid such a day, that J. S. shall Distrain for the same, in such Case a distress taken by J. S. for such Rates behind, is good, Customs Br. 6. Dr. and St. 74 b.

16. And Issues Estreated upon the Parish may by order of Sessions be e∣qually rated upon the Inhabitants, and levied accordingly, Libr' Sess. Pa∣cis in Com. Middlesex, Ord. 16. May 8 Car. 1.

The like Order for the Inhabitants of Fulham, 9 Apr. 11 Car. 1. And the like for the Inhabitants of Eling, 2 Dec. 9. Car. 1.

XVIII. Lambert 353, 354. After the Execution had for the Party Rob∣bed against the Men of the Hundred, and upon complaint made by them so charged, two Justices of the Peace, one being of the Quorum of the same County, Inhabiting within the said Hundred, or near unto it where any such Execution shall be had, may Assess and Tax rateably and propor∣tionably by their Discretions, all and every the Towns, Parishes, Villages, and Hamlets; as well of the said Hundred as of the Liberties within the same, towards an equal Contribution to be had for the relief of them against whom such Execution was had, 27 Eliz. 13. § N.

XIX. Shepherds Clerks Cabinet 66 cap. 12. A Warrant for a Rate char∣ged on the Hundred for a Robery, on 27 Eliz. 13. § N.

To the high Constable of the Hundred of W. in the said County of Gloc. and to all the Petty Constables and Tythingmen of the several Parishes and Tythings within the said Hundred, W. S. and J. S. two of the Justices &c. send greeting.

Gloc. ss.

Whereas one A. B. was of late Robbed of an Hundred pounds within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgment to recover an Hundred pounds against the same, the which hath been levied of and charged upon C.D. and E. F. two of the Inhabitants of D. within the said Hundred of W. and upon their Complaint to us thereof, we have according to the Act of Parliament in that Case pro∣vided, for the raising of the same mony, set a Rate upon the Parishes and Places within the said Hundred, which Rate is hereunto subscribed and annexed, These are therefore to require you the said High-Constable to give Notice thereof.

Testimonial,

see Poor.

Theft,

see Coron.

Thirdborough,

see Constable.

Threats,

see Affray, Force.

Tilemaking,

see Masons.

Tillage,

see Husbandry.

Timber,

see Woods.

Tinkers,

see Poor.

Tin,

see Metal.

Tipling,

see Ale.

Tythes.

I. LAmbert 353. Two Justices of Peace, the one being of the Quorum; upon Complaint of any competent Judge of Tythes, for any Mis∣demeanor of the Defendant in a Suit of Tythes, may cause him to be At∣tached or Committed to Ward till he find Surety unto them by Recogni∣zance to the Kings use, to obey the Process and Sentence of that Judge, 27 H. 8. 20. Crompt. 197. pl. 22. 18 Eliz. 11. § 7. N. Crompt. 200. Dalt. 139. cap. 58.

II. Lambert 353. And also upon Complaint in writing by an Ecclesia∣stical Judge (Certificate, Br. 31.) that hath given definitive Sentence in Case of Tythes, against one which wilfully refuseth to pay the Tythes or Sums of Money so adjudged, two such Justices may cause the Party to be Attacht and Committed to the next Goal till he find Surety, as is aforesaid, to perform that Sentence, 32 H. 8. 7. Crompt. 197. pl. 23. Crompt. 200, Dalt. 140. Cap. 58.

III. Lambert 404. That 27 H. 8. 20. & 32 H. 8. 7. of Tythes, do give to Justices of Peace a certain special (or particular) power in them, and yet do not yield unto them any Authority to enquire upon the same.

IV. Crompt. 155. Nor shall he be let to Bail or Mainprise who is Com∣mitted by Justices of Peace to the Goal, because that he refuseth to pay his Tythe according to the Judgment given against him in the Spiritual Court, by 27 H. 8. 20. 32 H. 8. 7.

Tokens,

see Forgery, Collusion.

Tobacco,

see Husbandry, Merchants.

Three and two Justices,

see Justices.

Toll,

see Market-overt, Taxes.

Transportation,

see Ouster le Mere.

Trades,

see Apprentice.

Traverse,

see Pleading.

Treason.

Misprision, Felony, Treason.

LAmbert 224. And albeit the Justices of Peace may deal with all Traitors as with Persons that offend against the Peace of the King, and of the Land, yet not in the very point of their Offence, Dalt. 231. cap. 90.

2. Saving that in some they have a special power to enquire of them, and to receive Indictments only, 2 Inst. 558. Treason Br. 5. infra.

Of this latter sort is the Treason of Extolling Foreign Power, 1 Eliz. 1. § 30. N. 1.

The Treason of putting in ure any Instrument of Reconciliation, gotten from the See of Rome, 13 Eliz. 2.

The Treason of absolving or withdrawing his Majesties Subjects from their natural Obedience, 23 Eliz. 1. Dalt. 228. cap. 89.

II. Lambert 405, 406, 407. tit. Pope. Enquiry in Sessions, if any Person have within this half year, by writing, printing, teaching, preach∣ing, express deed or act, advisedly, maliciously and directly affirmed, holding, set forth or defended the Authority, Preheminence, Power, or Jurisdiction Spiritual or Ecclesiastical, of any Foreign Prince or Person whatsoever, heretofore claimed, used, or usurped in this Realm, or any the Kings Dominions.

2. Or have advisedly, maliciously, and directly put in use, or executed any thing to the extolling, setting forth, or defence of any such pretended or usurped Jurisdiction, Preheminence, or Authority, or any part there∣of.

3. Or if any Person compellable to take the Oath of Recognition of the King's Majesty to be Supream Governour in all Cases within his Domini∣ons, have refused to take the said Oath, after lawful tender thereof to him made.

4. If any Person, under the King's Obedience, have at any time with∣in this year, by writing, cyphering, printing, preaching, or act, advised∣ly holden, or stood with to extoll or defend the Power of the Bishop of Rome, or of his See, heretofore claimed or usurped within this Realm.

5. Or by any speech, open deed or act, advisedly attributed such man∣ner of Authority to the said See of Rome, or to the Bishop thereof, within any the King's Dominions, ye shall present him, his Abettors, Procurors, Counsellors, Aiders, and Comforters, 5 Eliz. 1.

6. If any Person have by any means practised to absolve, perswade, or withdraw any other within the King's Dominions from their natural Obe∣dience, or for that intent, from the Religion now establisht here, to the Romish Religion, or to move them to promise Obedience to the See of Rome, or other Estate.

7. Or if any Person have been willingly absolved or withdrawn, or have promised such Obedience, 23 Eliz. 1.

8. And if any Person have willingly aided or maintained any such Of∣fendor, or knowing such Offence have concealed it, and not within the twenty days disclosed it to some Justice of Peace, or other higher Officer, 23 Eliz. 1.

III. Lambert 506. And therefore Justices of Peace may only Enquire of certain the Offences against 1 Eliz. 1. 2. 5 Eliz. 1. & 13 Eliz. 2. touching the knowledging the King's Supremacy, or the Service of God, or coming to the Church, or the establishment of true Religion, as you may see 23 Eliz. 1. Dalt. 54. cap. 20.

2. And they may only Enquire of any the Treasons or Misprisions of Treasons made by the same Act, 23 Eliz. 1. Coron Fitz. 360. Br. 257. & 9 H. 4. 1. pl. 1.

IV. Crompt. 21. pl. 3. Nota, That the Justices of Peace may Enquire of Murder or Petty Treason, because their Commission, § 6. is De om∣nibus Feloniis, see 6 H. 7. 5. pl. 4. tit. Coron 31. & Leet Br. 12. 2 Inst. 31••. Dalt. 234. cap. 91.

V. Poult. de ••••ce, 173. § 10. That 33 H. 8. 23. § N. is Repealed by 1 & 2 Phil. & Mar. 10. § N. touching the Indictment and Trial of Traitors; for they are to be indicted and tried in the County where the Offence was Committed, or by the Freeholders of that County, according

to the Course of the Common Law, notwithstanding that they have con∣fessed their Offences before three of the King's Counsel.

Trespass.

Affray, Peace, Force, Riot, Maihem.

I. LAmbert 424. Enquiry at Sessions, If any Person have maihmed another of any Member, whereby he is the less able to fight, as by putting out his eyes, striking off his hand, finger, or foot, beating out his fore-teeth, or breaking of his skull; and of their Accessories.

2. If any have Committed unlawful Assault, beating, wounding, or such like Trespass against the Body of any Man.

3. Or have with Force and against the Law taken the Goods of another, or have done any Trespass in the Lands of another, this is in the Commis∣sion of the Peace.

II. Lambert 301, 302. The Justice of Peace where the Hedge or Pale-breaker, cutter of Corn or Wood, robber of Orchard or Garden, and such like, is apprehended, or the Offence is committed, may upon the Testimony of one sufficient Witness upon Oath, cause the Offender to pay Damages, and to be whipped by the Constable, 43 Eliz. 7. Dalt. 21. cap. 6. Crompt. 96.

Trials,

see Proof,

Troop,

see Riot.

Travellers,

see Ways.

Treasure,

see Money.

Truce,

see Admirals

Trunks,

see Fish.

Tumults,

see Riot.

Turn,

see Sheriffs.

Vagabonds and Vagrants,

see Poor.

Venire Facias,

see Enquest, Process.

Vessels,

see Measures.

Victuals.

I. LAmbert 448, 449, 451. Enquiry in Sessions if any Butcher, Fish∣monger, Innholder, Tipler, Brewer, Baker, Poulterer, or other Seller of Victual, have not sold the same at reasonable prices, and for mo∣derate gains, 23 Ed. 3. 6. 13 Rich. 2. 8.

2. If any Butchers, Bakers, Brewers, Poulterers, Cooks, Fruiterers or any Mystery of any of them, have conspired or taken any Oath or Promise not to sell, but at prices certain agreed between them, 2 & 3 Ed. 6. 15.

3. If any Butcher have sold, or offered to sell Swines-flesh meezled, or any Flesh that died of the Murrain; or if any other Victualler have sold, or offered to sell any corrupt or unwholsom Victual, 51 H. 3. pag. 13. cap. 7. § 3. N. 1. infra. Crompt. 87 b.

4. If any Person have bought to sell again any Butter or Cheese, unless it be in open Fair or Market, by retailing it after the weigh of Cheese and Barrel of Butter, or after a less quantity, or unless it be Victuallers for that which shall be retailed or spent in their Houses, 3 & 4 Ed. 6. 21.

5. If any Innholder, Taverner, Alehouse-keeper, Common Victualler, Common Cook, or Common Table-keeper, hath uttered or put to sale a∣ny kind of Flesh Victual upon any day in the time of Lent, or upon any Sunday, Saturday, or other day appointed by former Law to be Fish-day, not being Christmas-day, except it be to such Person as resorting to such House, had lawful Licence to eat the same, according to the Statute there∣of made 5 Eliz. 5. §. 14. N. 1.

6. If any Person, other than by reason of Age, Sickness, Childing, or Licence, have within this year eaten Flesh in Lent, or upon any Fish-day observed by the Custom of this Realm, 5 Eliz. 5. § 15. 35 Eliz. 7. & 1 Jac. 29.

II. Crompt. 87 b. Enquiry in Sessions of Butchers that sell Swine-flesh meezled, or Flesh that dieth of the Murrain, for the first time he shall be grievously Amerced, for the second time, shall be put on the Pillory, and for the third Offence, shall be imprisoned and make a Fine, and the fourth time he shall forejudge the Vill, 31 Ed. 1. Incert' temps pag. 85. cap. 7. de Pistoribus & Braceatoribus, &c. Justice of Peace may Enquire of this Offence by their Commission, §

2. If a Butcher or &c. sends Flesh that hath the Murrain, or that is not sound, to be sold, this is an Offence for which he shall be punisht, for it shall be intended he will sell, if any will buy, by Fairfax, 1 Rich. 3. 1.

III. Crompt. 95. A Victualler shall be compelled to sell his Victual, if the Party tenders ready Money, by Hussey and Brian, 10 H. 7. 8. See Ed. 4. 3.

Vi Laica,

see Force.

Villain,

see Poor.

Violence,

see Affray.

Ʋndertakers,

see Purveyance.

Ʋniversities,

see Franchis.

Ʋnlawful Assemblies,

see Riot.

Ʋnder-Sheriff,

see Sheriffs.

Ʋnlawful Games,

see Games.

Ʋpholsters,

see Drapery.

Ʋsury.

I. LAmbert 443. Enquiry in Sessions, If any Person have by himself, or any other, sold any Merchandizes or Wares to any other, and have within three Months next after that, by himself, or by any other bought the same, or any part thereof again upon a lesser price, knowing them to be the same, Crompt. 17 b. 125 a.

2. Or if any Person have, by any corrupt Bargain, Mortgage, or other means taken in gain, above the rate of Ten pounds for the Hundred for one whole years forbearance, and so after the rate for more or less, 37 H. 8. 9. Crompt. 17 b. 13 Eliz. 8.

II. Lamberts Precedents 17. pl. 46. An Endictment for Usury.

Kent ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod ubi A. B. de C. in dict' Comitat' Mercer, primo die Octob. Anno Regni dict' Domini nostri Jacobi &c. apud C. predict' in Com. predict' mutuo de∣disset & accommodasset cuidam D.E. de C. predict' in dicto Comitatu Shoo∣maker, summam 20 l. in pecuniis numeratis de pecunijs dicti A. B. in ea intentione ut idem D. E. 20 l. eidem A. B. redderet & resolveret primo die Aprilis tunc proximè futuro idem A. B. ad tunc & ibidem injuste cepit & habuit prae manibus de prenominato D. E. 26 solidos in lucro usura & proficuo pro differendo & dando diem solutionis sic ut prefertur earund' 20l. a dicto primo die Octob. Anno supradicto usque dictum primum diem A∣prilis tunc proximè sequentem qui quidem 26 solidi modo & forma predi∣ctis prae manibus capti & habiti multo excedant & superant ratam & pro∣portionem decem librarum pro Cent. lib. pro uno Anno integro accommo∣dand' ad damnum non mediocre ipsius D. E. ac in contemptum dicti Domi∣ni Regis nunc, necnon contra formam diversorum Statutorum in hujusmodi Casu provisorum & editorum, West. Symb. 2. part 132 b. Sect. 216.

III. West. Symb. 2. part 133. Sect. 217. Another Indictment of Usury upon 37 H. 8. 9. § N. in which the Statute is recited to be revived by 13 Eliz. 8.

Essex ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod cum per quendam Actum in Parliament' Dominae Elizab' nuper Re∣ginae Angliae apud Westm' in Com. Middlesex secundo die Aprilis Anno Regni sui 13 tent' edit' inter alia inactitat' fuit quod quidam Actus in Par∣liament'

Domini H. nuper Regis Angliae octavi apud Westm' predict' An∣no Regni sui 37. tent' edit' pro reformatione Usurae ab & post 25 diem Junij proxim' sequent' predict' secundum diem Apr. Anno Regni dictae Dominae Rginae 13. supradict' revivat' ••oret & staret in suo pleno robore vigore & effectu, in quo quidem Actu in Parliament' dicti nuper Regis H. 8. Anno Regni sui 37. supradicto tent' & edit' Inactitat' suit Autoritate ejusdem Parliament' quod nulla persona sive personae cujuscunque status gradus sive conditionis ipse vel ipsi foret sive forent ad aliquod tempus post ultimum diem Januarij in Actu illo mentionat' per viam sive medium aliquarum cor∣ruptarum bargainae accommodationis Exchambij Chevansy Cautelae sive Interesse aliquarum Merchandizarum Mercium aut alicujus alius rei sive ali∣quarum aliarum rerum quarumcunque aut per aliquam aliam corrupt' sive deceptivam viam vel conveyantiam haberent reciperent acciperent sive caperent in lucro vel proficuo pro differendo seu dando diem solutionis uni∣us Anni integri de & pro ejus vel eorum denarijs vel alia re quae foret debi∣ta pro ejusdem Mercibus Merchandizis sive alia re vel rebus ultra summam decem librarum pro Centum libris & sic secundum ratum illum, & non ul∣tra de & pro majore sive minore summa seu pro longiore sive breviore tempore, & non plus sive majus lucrum vel summam inde habend' sub poena forisfaciendi & amittendi pro qualibet offens. triplum valorem Mer∣cium Merchandizarum & alius rei vel rerum sic barganizat' vendit' Ex∣chambiat' sive accommodat' ac etiam haberet & sufferret imprisonament' Corporis sui & faceret finem & redemptionem ad voluntat' dicti Domini Regis de qua quidem forisfactura triplicis valoris predict' una medietas es∣set dict' Domino Regi & altera medietas illi vel illis qui pro eadem prose∣querentur in aliqua Curiarum dicti nuper Regis de Recordo in qua secta, nulla vadiatio Legis, Essonium sive protectio allocaretur prout in eodem Statut' de Anno 37. dicti nuper Regis H. 8. supradict' plenius continetur, cumque etiam quidem R. P. de &c. post predict' 2 die Apr. Anno 13. dictae Dominae Reginae supradict' scil. 22 die Decemb. Anno Regni &c. apud L. in Com. E. predict' accommodasset cuidam C. F. 4 l. Idem R. P. Statut' predict' minimè ponderans nec poenam in eodem content' verens ad tunc & ibidem recepit & habuit de prefat' C. F. in lucro & proficuo pro differendo & dando diem solutionis earundem 4 l. ab eodem 22 die Dec. Anno &c. supradict' usque 4 diem Apr. tunc proximè sequent' 8 s. qui quidem 8 s. in lucro & proficuo pro differendo & dando diem solutionis dictarum 4 l. a predict' 22 die Decemb. Anno &c. supradict' usque pre∣dict' 4 diem Apr. ex tunc proximum sequent' excedunt ratam 10 libr. pro 100 l. pro uno Anno integro contra formam & effectum Statuti predict' ad grave damnum ipsius C. F. &c. Crompt. 269. pl. 111.

Ʋtlary.

Exigent, Process.

I. LAmbert 513, 514. Now seeing that this Process of the Sessions is sent out to this end, that either the Party shall come in to answer, and to be Justified by the Law, or else that he shall for his Contumacy, be deprived of the benefit of Law; for so much in effect do the words of the Commission Import in them Quousque Capiantur reddant se aut utla∣gentur.

2. It followeth, that in all Cases of Endictments, if the Party be re∣torned insufficient, the Process of Utlary lyeth against the Offender, if he be not taken before, or do not otherwise offer and yield him∣self.

3. And then the Power of the Justices endeth with the Utlary, for they can make no Capias utlagatum, but must certifie the Utlary into the Kings Bench.

Wages,

see Fees, Apprentice.

Ways.

Chemin, Bridges, Streets, Cawseys, Highways, Post-Office.

I. LAmbert 300. Thus supervisors for amendment of the Highways ought, within one Month next after any Offences done by any a∣gainst the Acts of 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. to present that Offence to the next Justice of the Peace, and thereupon he ought to certifie the same at the next General Sessions within the same Coun∣ty.

2. The Occupier of any Iron-work, for every load of Coal or Myne, and also for every Tun of Iron that he shall cause to be carried in any year, between the 12 of October and the first of May, by the space of one mile in the Highways within the Weilds of Sussex, Kent, or Surry, shall for every three such Loads, and also for every such Tun, pay to the Ju∣stice of Peace, dwelling near to the Places in that County where the High∣ways shall be most Annoyed, or to his Assigns, three shillings in Mony, the same in default of such payment to be levied by distress by such Justices, or his Assignee, of any the Goods of the Party, Lambert 471.

3. And such Occupier for every 30 Loads of Cole and Myne, or of ei∣ther of them, and for every ten Tuns of Iron carried in the said High∣ways, between the first of May and 12 of October in any year, shall lay one load of Cynder, Gravel, Stone, or Chalk in places to be appointed by such Justice, or else shall pay within eight days after demand at every such Iron-work, 3 s. for every such Load, to the hands of such Justice,

who upon default of payment shall levy the same by distress, the same Mo∣neys to be likewise bestowed by such Justice upon the same High-ways at his discretion: And such Justice may yearly within forty days next after May-day, assign the places for bestowing the said Cynder, Gravel, Stone, Chalk or Moneys, therefore 39 Eliz. 19.

* 283.1II. Lambert 331. By the oversight of any two Justices, and 12. discreet Men of the Hundred and Hundreds adjoyning, any Person within the Weild of Kent, may make in his own Land a new High-way, more com∣modious than the old, 14 H. 8. 6. § N. Crompt. 198 b.

* 283.2III. Lambert 354. Two Justices of the Peace, whereof one to be of the Quorum, which were present at the Session wherein any Person was Convicted for any Offence against this Statute 39 Eliz 19. of Highways, within the Weild of Kent, Surry, or Sussex, may make Warrant for levy∣ing the forfeits thereof to any Officer, and they also may appoint by their Discretion, such ways and means to levy the Doubles for not paying those Forfeits within 20 days next after lawful demand of the same by such Offi∣cer.

* 283.3IV. Lambert 361, 362. Four Justices of Peace, whereof one to be of the Quorum, may, where a decayed Bridge is, and where it cannot be proved who, or what Lands be chargeable to the repairing thereof, Tax the Inhabitants, make Collectors, and appoint Overseers for the amend∣ment of the same, Crompt. 200 b. 22. H. 8. 5.

* 283.4V. Lambert 434. Enquiry in Sessions, if any Lord of the Soil have not enlarged the High-way from Market to Market, so that no Dyke, Bush, nor Tree, (except great Trees) be within 200 Foot of each side there∣of, 13 Ed. 1. St. 2 cap. 5. § 1. N. 1. Winch.

* 283.5VI. Lambert Constable &c. 30. § 26. The Constables of Hundreds and of Franchises ought to make Presentment to the Justices of Peace, and to all other Justices thereto assigned, of the defaults of Watches, and of the defaults of the Kings High-ways not so enlarged, as no Ditches, Under∣wood, or Bushes be within 200 foot on every side of the same, &c. Articles on Winch. 34 Ed. 1. St. 2. pag. 71. § 1. N. 9. 10. Crompt. 82 b. 94 a.

* 283.6VII. Lambert 469, 470, 471. Enquiry in Sessions if any Bridges in the High-ways, being out of the Cinque Ports, and Members thereof, be broken or decayed, to the annoyance of Passengers, and if there be, then what Hundred, City, Town, Parish, or Person certain, or Body Politick, ought of right to repair or amend the same, 22 H. 8. 5. § N. 9 H. 3. 15 Crompt. 125.

* 283.72. If the Constables and Church-Wardens of any Parish have not in Easter-week called their Parishioners together, and appointed Overseers of the works for Amendment of the High-ways leading to any Market; or have not appointed the six days for that work: And if any such Overseers have refused the charge, Dalt. 67. cap. 26.

* 283.83. And if any Person having a Plowland in Tillage or Pasture, or keep∣ing a Draught or Plow, have not found one Wain or Cart furnished, to work Eight hours every of the said days, 18 Eliz. 10. § 4. N. Crompt. 82.

Or if any other Person being assessed in Subsidy to 5 l. in Goods, or 40. s. in Lands, have not likewise found two able Men, Crompt. 82 b.

Or if any other Housholder or Cottager, have not by himself, or any other, so wrought every of the same days, Crompt. 82 b.

4. If the Hedges, Ditches, Trees and Bushes,* 283.9 in and on each side of any such High-way, be not kept low, secured, and cut down by the Owners of the Grounds adjoyning: If any such Overseer have not within one Month after any of the said Offences done, presented the same to the next Justice of the Peace, Crompt. 82 b. Dalt. 67. cap. 26.

And if any Person occupying Land adjoyning to any such high High-way, have cast the scowring of any Ditch thereof into the High-way.

5. If any Bayliffs, Constables, Surveyors,* 283.10 or Church-Wardens have not levyed the forfeiture for Offences aforesaid, and employed them upon their said High-ways, and accounted thereof, 2 and 3 Ph. and Mar. 8. Crompt. 183 Ab. 5 Eliz. 13. and 18. Eliz. 10. and 27 Eliz. 19.

VIII. Lambert 500.* 283.11 In some Cases therefore these Justices of Peace may hear one another, for every Justice of the Peace may upon his proper know∣ledge, make Presentments at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. concerning the Amendment of High-ways; and in this and such like Cases his Report hath the force of a Presentment of 12 Men, so that he and his Fellows may proceed upon it, 21 H. 6. 5. Dalt. 67. cap. 26.

IX. Lambert 576, 577.* 283.12 And the Estreats made by the Clerk of the Peace of Forfeits for defaults of Amending High-ways, are a sufficient Warrant to the Constables to levy the same by Distress, to the use of the Church-wardens of the Parish where the fault was, towards the Amend∣ment of the High-ways, Lambert Constable &c. 30, 31. pl. 28. Dalt. 94. 95. cap. 40. 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13.

X. Lambert 600. Two Justices of Peace may at their Quarter-Sessions,* 283.13 en∣quire of, and determine the Offences of not Amending the High-ways, 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. 18 Eliz. 10. Crompt. 125.

XI. Lamb. Precedents 17 b. pl. 48.* 283.14 An Endictment for a common Bridg that is in decay.

Kent. ss.

Juratores pro Domino Rege presentant super Sacrament' suum quod Pons publicus & communis situs in alta Regia via super Flumen de Medway, infra Parochiam de A. in Com. predict' vulgariter dict' (Ailford Bridge) est & per aliquot Annos jam proxime lapsos fuit val∣de ruinosus & in maximo decasu ob defectum reparationis adeo ut subditi dicti Domini Regis in super trans vel ultrà dictum Pontem per se vel cum eorum Equis Bigis aut Carriagiis ire redire aut transire sine magno vitae discrimine non audent aut possunt ad commune nocument' omnium vicino∣rum & compatriatarum in dicto Comitat' habitantium quorum interest ra∣tione negotiorum suorum illac transire: Et ulterius quod prorsus nescitur quae personae quaeve terrae tenementa aut corpora corporata & Politica, eundem Pontem aut aliquam inde parcellam ex Jure aut ex Antiqua consue∣tudine reficere & reparare debent aut consueverunt, 9 H. 3. 15. 22 H. 8. 5.

XII. Lamb. Precedents 20. pl. 55.* 284.1 An Endictment for not working up∣on the High-ways.

Kent ss.

* 285.1

Juratores pro Domino Rege super Sacrament' suum presentant quod ubi die Martis in septimana Paschae ultim' preterit' scil. 7. die men∣sis Aprilis Anno Regni Domini nostri Jacobi &c. A. B. tunc Constabula∣rius Villae de C. in dicto Com. & D.E. & F.G. tunc Guardiani Ecclesiae paro∣chialis de C. predict' in Com. predict' existentes vocatis ad se multis alijs Parochianis dictae Parochiae de C. tunc & ibidem elegerunt quosdam J. S. & R. N. duas honestas ejusdem Parochiae personas in Supervisores pro uno Anno integro tunc proxime Sequenti pro emendatione & reparatione altarum regi••rum viarum infra dictam Parochiam de C. ducentium a Villis Mercato∣rijs ad Villas Mercatorias, ac etiam tunc ibidem Nomina verunt & appunctua∣verunt sex dies, viz. 1, 2, 3, 4, 5, 6. dies mensis Maij tunc proximè sequent' pro dicta emendatione dictarum Viarum & nominatim pro emendatione il∣lius viae Regiae ibidem, quae est inter &c. atque de eisdem sex diebus sic per eos ut prefertur nominatis & appunctuatis dederunt paulum postea, scil. die Dominico dictae Paschae tunc proxime sequenti publicam notitiam in di∣cta Ecclesia Parochiali: Quid am tamen T. W. tunc & ad huc Parochiani de C. predicta in Com. predict' existens ac tunc habens & occupans in dicta Pa∣rochia de C. in Com. predict' unam integram Carucatam Terrae Arabilis, Anglice dictum a Plough-land, nullum dictis primo secundo & quarto die dicti mensis Maij, Anno supradicto prorsus invenit aut misit currum in∣structum Anglice dictum, A Wain or Cart furnished, equis bobus aut a∣lijs animalibus & necessarijs secundum morem Patriae ibidem nec ullus ha∣biles homines erga emendationem & reparationem dictarum viarum aut e∣arum aliquam sive aliquam inde percellam sed inde tunc ibidem voluntarie fecit defaltam in dicti Domini Regis contemptum ac contra formam diver∣sorum Statutorum in hujusmodi casu provisorum & editorum, West. Symb. 2 part 133 b. Sect. 218.

* 285.2XIII. West. Symbol. 2 part 155 b. Sect. 344. An Endictment for not repairing the Pavement of a High-way, which ought to be repaired by a Bishop.

Kent ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod pars Regiae viae apud S. in Com. predict' in quantitate viginti pedum jacent' & existent', ex opposito certis terris sive tenementis Domini Epis∣copi Cestriae, ibidem est ruinosa pro defectu reparationis paviament' ibi∣dem ad grave & commune nocument' populi Domini Regis & quod predict' Episcopus debet facere & reparare predict' paviament' ex suis proprijs ex∣pensis & juxta formam Statut' &c.

* 286.1XIV. West. Symb. 2 part 156. Sect. 346. An Endictment against a Bishop and Church-wardens for not repairing of a ruinous and broken Bridge.

Kent ss.

Juratores pro Domino Rege super Sacrament' suum presentant &c. quod communis Pons apud S. adeo ruinosus & confractus existit pro defectu reparationis ejusdem Pontis quod homines per predictum Pontem itinerantes absque magno periculo non possunt itinerare ad Grave & Com∣mune Nocumentum populi Domini Regis: Et quod Dominus Episcopus Cestriae & Guardiani Ecclesiae Parochialis beatae Mariae Virginis de S. pre∣dict' pro tempore Existent' debent reparare sustentare & manutenere pre∣dict' Pontem ex suis proprijs Custagijs & expensis, viz. predict' Episcopus ex parte occidentali ejusdem Pontis & prefati Guardiani ex parte orienta∣li.

XV. West. Symb. 2. part, 156. Sect. 347.* 287.1 An Endictment for stopping and in∣closing the King's Highway with Hedge and Ditch.

Suff. ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod A. B. de &c. 6 die Apr. &c. Vi & Armis &c. Regiam viam apud &c. tam Fossat' quam sepi injustè obstupavit & inclusit quae quidem via ja∣cet in vico vocat' &c. & extendit se usque Regiam viam apud Hospita∣lem Sancti Cornelij, ita quod homines neque pedestres neque equestres per predictam viam transire possunt & quod predicta via debet & a tem∣pore quo non extat memoria solebat esse Communis via quousque A. B illam in forma predict' fecillet contra pacem &c. ad grave damnum & commune nocument' Ligeorum dicti Domini Regis, &c. infra.

XVI. Kilb. Precedents 153.* 288.1 A Warrant for not chusing Surveyors of Highways on 14 Car. 2. 6. § 2. N. 1.

To the Surveyors of the Highways in the Parish of A. in the Coun∣ty aforesaid, and to every of them.

Kent ss.

Forasmuch as the Churchwardens, Constables, Borsholders, and Inhabitants of the said Parish of A. did not chuse Surveyors of the Highways aforesaid for this present year of our Lord, &c. but made de∣fault of such Choice, against the form of the Statute in that behalf lately made and provided; These are therefore in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy, collect, and gather the Sum of 5 l. by Distress and Sale of Goods of the said Churchwardens, Constables, Borsholders, and Inhabitants ren∣dring to the Parties so distrained the Overplus, if any be, and that you do imploy and bestow the moneys so levied, collected, or gathered in such manner as by the Statute aforesaid is directed and appointed; hereof fail not at your perils.

Given under our (viz. two Justices) Hands and Seals the 10 day of &c. Anno &c.

XVII. Kilb. Precedents 154.* 289.1 A Warrant for not paying a Tax for the Highways, on 14 Car. 2. 6. § 12. N. 1.

To the Surveyors of the Highways in the Parish of A. in the County aforesaid, and to every of them.

Kent ss.

Forasmuch as upon your Complaint it appeateth unto us that the several Persons here under named, have not paid unto you the seve∣ral Sums here under specified, and severally added to their several Names, Assessed on them for the repairing and amending and enlarging of the Publick and Common Highways in the said Parish, according to the form of the Statute in that behalf made and provided; These are there∣fore in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy, collect, or gather by Distress and Sale of the respective Goods of the said respective Persons, double so much Money as was so as aforesaid respectively Assessed on them, rendring to the Parties so distrained the Overplus, if any be, and that you do imploy and bestow the Moneys so levied, collected, or gathered in such manner as by the Statute aforesaid is directed and appointed; hereof fail not at your perils.

Given under our Hands and Seals the 10 day, &c. Anno &c.

• A. B. of A. aforesaid 2 s.
• C. D. of A. aforesaid 3 s. &c.

* 290.1XVIII. Kilb. Precedents 155. A Warrant for not sending in Teams on 14 Car. 2. 6. §. 4. N. 4.

To the Surveyors of the Highways in the Parish of A. in the Coun∣ty aforesaid, and to every of them.

Kent. ss.

Forasmuch as upon your Complaint it appeareth unto us, (viz. two Justices) that the several Persons here under named, were by you charged to send each of them a Team to work in the Highways in the Parish aforesaid, according to the form of the Statute in that Case lately made and provided, and yet nevertheless they neglected so to do by the space of such number of days as are here under mentioned, and se∣verally added to their several Names; These are therefore in his Maje∣sties Name to will and require you, and every of you, that you, some, or one of you, do levy, collect, and gather by Distress and Sale of the respective Goods of the said respective Persons, the respective Sums of Money here under added to their respective Names, being Moneys by them respectively forfeited for their said Neglects, according to the Sta∣tute aforesaid, rendring to the Parties so distrained the Overplus, if a∣ny be, and that you do imploy and bestow the Moneys so levied, col∣lected, or gathered in such manner, as by the Statute aforesaid is direct∣ed and appointed; hereof fail not at your perils.

Given under our Hands and Seals the 10 day, &c. in the year, &c.

• A. B. of C. one day 10 s.
• C. D. of H. two days 20 s. &c.

* 291.1XIX. Kilb. Precedents 156. A Warrant for not working, on 14 Car. 2. 6. §. 4.

To the Surveyors of the Highways in the Parish of A. in the Coun∣ty aforesaid, and to every of them.

Kent ss.

Forasmuch as upon your Complaint it appeareth unto us that the several Persons here under named, were by you Charged to come to labour in the Highways in the Parish aforesaid, according to the form of the Statute in that Case lately made and provided, and yet never∣theless they neglected so to do by the space of such number of days as are here under mentioned, and severally added to their several Names; These are therefore in his Majesties Name to will and require you, and every of you, that you, some, or one of you, do levy, collect, and ga∣ther by Distress and Sale of the respective Goods of the said respective Persons, the respective Sums of Money here under added to their respe∣ctive Names, being Moneys by them respectively forfeited for their said Neglect, according to the Statute aforesaid, rendring to the Parties so Distrained the Overplus, if any be, and that you do employ and be∣stow the Moneys so levied, collected, or gathered in such manner, as by the Statute aforesaid is directed and appointed; hereof fail not at your perils.

Given under our Hands and Seals the 10 day of &c. Anno &c.

• A. B. of A. aforesaid, one day 1 s. 6 d.
• C. D. of A. aforesaid, two days 3 s. &c.

XX. Kilb. Precedents 157.* 292.1 A Licence to dig in another Parish for Mate∣rials 14 Car. 2. 6. § 7. N. 1.

Kent ss.

Forasmuch as by the Information of the Surveyors of the High∣ways in the Parish of A. in the County aforesaid, it appeareth unto us, that there is not sufficient Gravel, Chalk, Sand, Cynders, and Stones with∣in the said Parish to repair their Common and Publick Highways, we (viz. two Justices) do therefore, according to the form of the Statute in that Case lately made and provided, hereby allow and approve that the said Surveyors, or either of them, and such Person and Persons as they, or e••∣ther of them shall appoint, shall and may dig, take, and carry away Gravel, Chalk, Sand, Cynders, or Stones, out of any Wast or Com∣mon of any Parish, Town, Village, or Hamlet Neighbouring to the Pa∣rish aforesaid, or upon the Sea-Coast, without paying any thing for the same, for the repairing and amending of the High-ways aforesaid, so as they fill up the place within one Month next after their digging aforesaid, if required by the Owner of the Soil.

Given under our Hands and Seals the 10. day, &c. Anno &c.

XXI. Kilb. Precedents 158. An Order what Dammages to pay, &c. 14. Car. 2. 6. § 8. N. 1.* 293.1

Kent ss.

Whereas by Information of the Surveyors of the High-ways in the Parish of A. in the County aforesaid, it appeareth unto us, that there being not sufficient Gravel, Chalk, Stones, Cynders, and Sand, or other Materials, for to amend and repair the aforesaid High-ways with∣in the Common or Wast Grounds of the said Parish, they did according to the form of the Statute in that Case lately made and provided, enter into the Ground of B.C. in the Parish aforesaid neer adjoyning to the High-ways to be repaired, and did dig, take, and carry away Materials which they judged necessary for the said Reparations: And for that difference did arise between the said Surveyors, and the said B.C. about the Dammages by the said B. C. suffered by the digging and carriage thereof, We do therefore, according to the Statute aforesaid, Assess the Dammages aforesaid at &c. of lawful Mony of England which the said Surveyors are to render unto him for the same;

Given under our Hands and Seals the 10 day &c. Anno &c.

XXII. Kilb. Precedents 159.* 294.1 A Warrant against Surveyors for not ac∣counting, 14 Car. 2. 6. § 13. N. 1.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid.

Kent ss.

Forasmuch as Complaint hath been made unto us (viz. two Justices) that B. C. and D. E. Surveyors of the Highways in the Parish of A. in the said County, for the year &c. have not made such Account touch∣ing their said Office, as by the Statute in that behalf lately made, is ap∣pointed, and upon Examination of the business upon Oath, we do find the said Complaint to be true, These are therefore in his Majesties Name to require you the said Constable and Borshoulders, and every of you, that you, some, or one of you, do take the said B. C. and D. E. and forthwith convey them to his Majesties Goal aforesaid, and there deliver them to the said Keeper of the same, together with this Precept, requiring also you the said Keeper to receive them into the Goal aforesaid, and them

there safely to keep untill they have made such true and perfect Account, touching their said Officer, as by the said Statute is appointed; hereof fail not at your perils.

Given under our Hands and Seals the 10 day &c. Anno &c.

* 295.1XXIII. Kilb. Precedents 160. A Warrant for not Paying over what is due upon the Account, 14 Car. 2. 9. § 13. N. 2.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Majesties Common Goal for the said County at B. in the Coun∣ty aforesaid.

Kent ss.

Forasmuch as Complaint hath been made unto us (viz. two Justices) that B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year &c. had in their hands, upon their Account made touching their said Office, according to the form of the Statute in that Case made, the sum of &c. Overplus, which they have not retorn∣ed or paid to the next Surveyors, or either of them, as by the said Sta∣tute is appointed, and upon Examination of the business upon Oath, we do find the said Complaint to be true: These are therefore in his Majesties Name to require you the said Constable and Borshoulders, and every of you, that you, some or one of you, do take the said B. C, and D. E. and forth∣with convey them to his Majesties Goal aforesaid, and there deliver them to the said Keeper of the same, together with this Precept, requiring al∣so you the said Keeper to receive them into the said Goal aforesaid, and them there safely keep untill they have made payment of the said, &c. to the aforesaid next Surveyors, as by the said Statute is appointed; here∣of fail not at your perils.

Given under our Hands and Seals the 10 day &c. Anno &c.

* 296.1XXIV. Crompt. 257. a. b. pl. 84. An Indictment for inclosing a Com∣mon High-way, supra.

Staff. ss.

Inquiratur pro Domino Rege si E.S. nuper de W. in Com. pre∣dict' Gen' secundo die Maij Anno &c. partem cujusdam viae Regiae in W. in Com. predict' ducent' a W. Predict' usque ad S. in eodem Com. viz. a predict' &c. usque ad quendam foveam in S. predict' vocat' le Common Pit, in eadem via existent cum sepe & fossa inclusit & obstruxit & eandem viam Regiam sic inclusam a predicto secundo die Maij usque diem captionis hujus inquisitionis in Pasturam convertebat & custodiebat & adhuc custo∣dit in malum & pernitiosum exemplum aliorum & ad grave damnum & commune nocument' omnium ligeorum subditorum dicti Domini Regis ibidem prope Inhabitantium, ac contra formam diversorum Statutorum in hujusmodi casu editorum & provisorum, & contra pacem dicti Domini Re∣gis &c.

* 297.1XXV. Crompt. 264 b. pl. 101. A Presentment for a Bridge in de∣cay.

Staff. ss.

Juratores pro Domino Rege super Sacrament' suum presentant &c. quod quidam Pons situat' super aquam de Trent in Parochia de New∣ark in Com. predict' vocat' N. Bridge, existens in Regia via est ruinosus, & in magno decasu, ita quod ligei Domini Regis in per super vel ultra eundem Pontem absque magno periculo transire seu laborare non valent ad commune nocument' omnium ligeorum dicti Domini Regis trans & ultra

Pontem predict' transeunt' & quod Dominus Rex nunc ratione tenurae seu manerij de N. super T. cum pertinent' in Com. predict' Pontem illum face∣re reparare & emendare debet & quod idem Dominus Rex & omnes Pro∣genitores sui ac omnes alij quorum Status ibidem Dominus Rex modo ha∣bet in eodem Manerio de N. super T. cum pertinentijs Pontem illum facere reparare & emendare consueverunt de tempore cujus contrarium memoria hominum non existit toties quoties necesse fuerit, in cujus. Crompt. 186. Dalt. 41. cap. 13.

XXVI. Dalt. 68, 69. cap. 26. At Lent-Assizes at Cambridge, Anno 1622.* 298.1 Sir James Lee delivered it in his Charge, that if any Person hath made or shall make any inclosure next the Kings High-way, that such Person shall be charged to Amend the High-way adjoyning to his said Inclosure; and if one Man hath inclosed on the one side or part, and another Man of the othet side, they shall be both charged to Amend the said way.

2. Otherwise High-ways must be sufficiently Amended at the charge of the whole Town,* 298.2 and it is not enough for the Inhabitants to do their full six days work yearly, except their ways be well and sufficiently repaired; for if all their said Ways, be not sufficiently Amended, the whole Town may be indicted therefore F. N.B. 235. Register 154.* 298.3

3. Also concerning the Causey neer Cambridge, called Dr. Harveys Cau∣sey (towards the repair whereof Dr. Harvey hath given 8 l. per Annum payable by the Master and Fellows of Trinity-Hall in Cambridge) Sir James Lee said that if this 8 l. per Annum were not sufficient to repair the said Causey, that then the Towns adjoyning within which that Causey or way doth lye, ought to help to repair the same.

XXVII. Dalt. 72. cap. 26. Again,* 298.4 if one occupieth a Plow-land in Pa∣sture, viz. six or eight score Acres, or more of Pasture, for feeding of Cattle, but keepeth neither Cart nor Plow, how shall he be charged to find a Cart or Draught that keepeth more, and yet the words of the Sta∣tute seem to charge him, 18 Eliz. 10. § N. Rast. Entr. 199.* 298.5

XXVIII. Kilb. Precedents 229. A Warrant to Collect the Tax for re∣pairing Country-Bridges, 22 H. 8. 5. § N.

To A. B. and C. D. Inhabitants of the Hundred of E. in the said County, and to every of them.

Kent ss.

These are in his Majesties Name to command you, that you do forthwith collect and gather the several Sums of Mony specified in the Taxation herewith all delivered unto you, of the several Persons therein mentioned to be Taxed upon them for the purpose in the said Taxation spe∣cified, and that you do pay the same unto R.T. whom we (viz. four Ju∣stices, Quorum unus) have appointed General Receiver of the Moneys rai∣sed for the purpose aforesaid within this Division of the several Hundreds, on or before the second day of May, deducting out of the same only 5 s. as by us allowed unto you, for and towards your pains in Collecting and paying in of the same, and in Case of refusal or neglect of payment of any of the said Parties so Taxed of the Money taxed upon them, as aforesaid, after demand made thereof by you, or either of you, that then you do certifie unto us, or some, or one of us the Names of the said Persons so refusing or neg∣lecting, with all convenient speed, to the end that such further proceeding may be had thereupon as to Justice doth appertain:

Given un∣der our Hands and Seals the 10 day &c. Anno &c.

* 299.1XXIX. Kilb. Precedents 230. A Warrant for not paying the same Tax Collected for Bridges, on 22 H. 8. 5. § N.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as Complaint hath been made unto us by R. T. &c. by us appointed Collectors and Gatherers of the Moneys imposed upon the said Hundred, for and towards the reparations of the several Bridges of D. in the said County, that the several Persons whose Names are here under written have refused to pay unto them the several Sums of Mony adjoyned to their several Names, being Taxed upon them for the purpose aforesaid, although the same have been duly demanded of them; These are there∣fore in his Majesties Name to command you, that you, some, or one of you, do cause the said several Persons to come before us, or one of us, or some other Justice of the Peace of the said County, to answer to the Premisses, and further to do and receive as to Justice doth appertain, un∣less they shall forthwith pay the said Moneys unto you, some, or one of you, which if they shall so do, that then you so receiving the same, do forth∣with pay the said Moneys so received unto the said R.T. &c. or one of them, to the end that the same may be by them paid over to the General Receiver of the Moneys raised for the purpose aforesaid, by us formerly ap∣pointed; hereof fail not at your perils.

Given under our Hands and Seals at D. &c. the 10. day &c. Anno &c.

* 300.1XXX. Crompt. 200 b. the Bishop and his Chancellor and three Justices of the Peace have Power to Examine how Mony, or other Relief appoint∣ed by King, H. 8. or by any other, to the use of Poor, or to the Amend∣ment of High-ways or Bridges, is bestowd, and to call to account the detain∣ors thereof, 14 Eliz. 5. § N.

* 300.2XXXI. Crompt. J. P. 82. Enquiry at Sessions of Common Bridges de∣cayed, whither any ought to repair them by Prescription, or by their Te∣nure, or by reason of any Lands that they have, and what Lands they are, &c. 22 H. 8. 5.

2. Item, Whether every Person for every Plow-land in Tillage or Pa∣sture that he hath and occupieth, and every other Person who keeps a Draught or Plow within the Parish where he abides, sends at every day and place to the Reparation of the High-ways, a Wayn or Cart furnisht according to the Custom of the Country, with Oxen, Horses or other Cattle, and every thing necessary for that purpose, and two able Men therewith, on pain for every default of Draught 10 s. each day, 2 & 3 Ph. and Mar. 8. and 27 Eliz. 12.

3. Item. Whither every other Housholder, Cottager, and Laborer of this Parish, who can labor, not being any retained Servant by the year, by themselves, or by other sufficient Laborers for them, labor in the Amendment of the High-ways, on pain of 12 d. for every default, 2 and 3 Ph. & Mar. 8.

4. Item, Whither every one who doth not inhabit in London, assessed to 5 l in Goods or 40 s. in Lands to the subsidy, so long as he is so assest, and is not Chargeable by 2 and 3 Ph. and Mar. 8. if he be not a Cottager, hath found to the Amendment of the High-ways two lawful Men to labor in the said ways, 18 Eliz. 9.

5. Item, Whither every one that occupieth a Plough-land in Tillage or Pasture, lying within several Parishes, hath found a Carriage where he inhabits, to the Reparation of the High-ways, 18 Eliz. 9.

6. Item, Whither he that hath several Plow-lands in divers Vills, hath come in each Vill or Parish with a Cart, Wayn, or Tumbrel, to the A∣mendment of the High-ways there, 18 Eliz. 9.

7. Quaere if the said Statute 18 Eliz. 9. gives the same pain in the said last Cases for those that make Default, as 2 and 3 Ph. and Mar. 8. § N. gives.

8. Item, The Surveyors should present the Defaults of the aforesaid Persons to the next Justice of Peace within a Month next after the Offence, on pain of 40 s. and the Justice must certifie it to the next Sessions on pain of 5 l. 5 Eliz. 13.

9. Such who are appointed to be Surveyors of High-ways, must take the Office upon them on pain of 20 s. on refusal 2 and 3 Ph. and Mar. 8.

10. If Carriages be not necessary, then he shall not send Carria∣ges, but shall send two able Men for every Carriage so spared to la∣bor, for that day on pain of 12 d. for every Man not sent, 2 and 3 Ph. and Mar. 8.

11. The Owner of the Lands adjoyning shall clense, scowr, repair, and keep the Hays, Fences, Ditches, or Hedges next adjoyning to the High-way, on every side, and all Woods and Bushes growing in the High-ways, shall be cut by the Owner on pain, of 10 s. for every default, 5 Eliz. 13 and 18 Eliz. 9. see 39 Eliz. 19. for repairing of the High-ways in Sussex &c.

XXXII. Crompt. J. P. 94. Enquiry in Sessions if the High-ways of Market Towns be enlarged and cleansed from Wood and Underwood, by the space of 200 foot on each side, if there be no Oaks and Great Trees, so that all be clear under them.

2. If Robery be done by default of not clensing or keeping of the said Ways, he that should do it, shall answer for the Robery and for the Murder done there, and shall be fined to the King at his will 13 Ed. 1. St. 2. Winch. 5.

Way-laying,

see Coron.

Waifs,

see Coron, Chattels.

Wainlings,

see Cattel.

Wales.

I. LAmbert 610. The Quarter Sessions are to enquire, hear, and determine on 26 H. 8. 5. of Passage over the Severn, Crompt. 95 b.

2. Of 3 Jac. 23. for making up of Chepstow Bridge.

3. Of 3 Jac. 24. for re-edifying a Bridge over Severn.

War.

Guns, Hand-Guns, Shooting, Captains, Souldiers, Musters.

I. LAmbert 475. Enquiry in Sessions if any Person being generally or specially Commanded to Muster before any having Authority for the same, have without true and reasonable Cause absented himself, or have not brought with him in readiness his best Furniture of Array and Armour of his own Person, Crompt. 48 b. 4. & 5 Phil. & Mar. 3. § N.

2. If any Person authorized to Muster, or to levy Men for the King's Service in War, have taken any Reward for the discharge or sparing of any Person from that Service.

3. Or if any Person having Charge of Men for Warfare, have not paid to his Souldiers their whole Wages, Conduct and Coat-money, or have for any gain licenced any of them to depart out of the Service, 2 & 3 Ed. 6. 2. § N.

4. If any Souldier serving the King in his Wars, have given away, wilfully purloined, or put away any Horse, Gelding, Mare, or Harness wherewith he was set forth, 2 & 3 Ed. 6. 2. § N. Crompt. 89 b. 125 b. 155. Dalt. 134. bis. cap. 52.

II. Lambert 422, 423. Enquiry in Sessions if any Souldier, entred a Souldier of Record, and having taken part of the King's Wages, or any Mariner or Gunner, having taken present Wages to serve the King on the See, have not accordingly gone to his Captain, unless he were letted by notorious Sickness or other Judgment from God, or have departed from his Captain without his Licence under his Seal, 18 H. 6. 19. § N. & 2 & 3 Ed. 6. 2. § N. 4 & 5 Ph. & Mar. 3. § N. & 5 Eliz. 5. § N. But consider whether this Entring of Record have any use now, Crompt. 117 b. § 20.

2. If any Souldier or Mariner, or other Person, as Souldier or Mariner, have wandred idle without setting himself to Service, Labor, or other law∣ful course of Life, and hath not repaired to his place of Birth or Dwelling, and had not a lawful Testimonial from a Justice of Peace, of or near the place where he landed, or hath counterfeited such Testimonial, or hath carried the same, knowing it Counterfeit, 39 Eliz. 17. Dalt. 135. (bis) cap. 52.

III. Lambert 295, 296.* 300.3 Every Person finding or seeing any to offend the Statute made against the shooting in Cross-bows and Hand-Guns, may arrest and bring, or convey him to the next Justice of Peace of the Coun∣ty where he was found offending, who upon due Examination and Proof thereof before him made, may by his Discretion Commit him to the Goal, there to remain till he shall truly pay the one Moiety of the Forfei∣ture of this Statute to the King, and the other Moiety to such first bringer or conveyor, 33 H. 8. 6. §. N. Dalt. 64. cap. 24.

2. In this and such other Cases the Justice of Peace having, as it seem∣eth, the whole matter committed to himself alone, ought to be wary and circumspect, lest either he rashly condemn the Guiltless, or negligently suffer the Guilty to Escape, Dalt. 65, 66. cap. 24.

3. And upon the Offence sufficiently proved, it is necessary that in his Mittimus or Precept to the Goaler, there be contained the Names of the Parties, with the manner of the Offence, and how long time he is to be kept in Prison for it.

4. Furthermore, he is to make a Record of the Matter, and to send the Estreat of it into the Exchequer, whereby the Barons may, upon Intelligence thereof, cause the King's Duty to be levied to his use.

IV. Lambert 296, 297. A Mittimus for unlawful shooting in a Cross-bow or Hand-gun, 33 H. 8. 6. § N.

To the Keeper of his Majesties Goal at M. in the said County, and to his Deputy or Deputies there, and to every of them.

Kent ss.

Forasmuch as this present day A. B. and C. D. of H. in the said County, Yeomen, did arrest and bring before me at H. aforesaid, one J. S. of H. in the said County, Mariner, whom they had seen and found the same day, as they said, shooting in a Hand-gun, charged with Pow∣der and a Pellet at a Coney, in a certain place in C. within the said Coun∣ty, called the Church-field, contrary to the Law of this Realm, and thereupon praid me that Justice might be done in that behalf; J. L. Kt. being the next Justice of Peace in the said County to the place aforesaid, did then at H. aforesaid, upon the said Request, take the Examination of the said J. S. and did then also and there hear the Proofs of them the said A.B. and C. D. touching the said Offence, and for that it did then ma∣nifestly appear unto me, as well by the Testimonies of them the said A. B. and C. D. as also by the plain Confession of him the said J. S. that he had not then Lands, Tenements, Fees, Annuities, or Offices to the clear yearly value of 100 l. and that he had shot in the said Hand-gun in man∣ner and form as is aforesaid, I do send unto you herewith the Body of him the said J. S. as lawfully Convicted of the said Offence before me, requiring you in his Majesties Name to receive him unto your said Goal, and him there safely to keep as his Majesties Prisoner, until that he shall have truly paid the Pain and Forfeiture of 10 l. of lawful Money of England, laid upon him for his said Offence by the Statute thereof, made in the 33th year of the Reign of the late King Henry the Eighth, that is to say,

the one Moiety thereof to our said Soveraign Lord, and the other Moi∣ety to them the said A. B. and C. D. the first bringers of him before me, and this shall be your sufficient Warrant in this behalf; hereof fail you not as you will Answer for your Contempt at your own peril.

Given at H. aforesaid the 20th day of March, in the second year of the Reign, &c.

By me the said K. L.

V. Lambert 298, 299, 300. The Record of Conviction for shooting in a Hand-gun, contrary to 33 H. 8. cap. 6.

Kanc. ss.

Memorand' quod 20 die Maij Anno Regni &c. A. B. & C. D. de H. in Com. predict' Yeomen, quendam J. S. de F. in dicto Comitat' Mariner, invenerunt & viderunt apud C. in Com. predict' die & Anno supradict' cum quodam Tormento, Anglicè vocat' a Hand-gun, onerato pulvere tormentario & globo plumbeo Anglicè Charged with Gunpowder and a leaden Bullet, in quendam cuniculum ad tunc exi∣stent' in quodam loco ibidem vocat' C. Sagittantem & exonerantem di∣ctum tormentum contra formam Statuti in Parliament' Domini H. nuper Regis Angliae 8. apud Westm' Anno Regni sui 33. tent' provisi ac editi: ac proinde die & Anno supradict' prefat' J. S. arrestaverunt & apud H. predict' coram me J. L. Milite, uno (& dicto loco) proximo Justiciari∣orum dicti Domini Regis ad Pacem in dicto Com' conservand' necnon ad diversas transgressiones & alia malefacta in eodem Comitatu perpetrata audiend' & terminand' assignat' ad tunc una secum adduxerunt, petentes inde justiciam fieri: Qua quidem petitione audita ego prefat' J.L. apud H. predict' die & Anno supradict' debitè super inde examinavi prefat' J.S. ac probationes predict' A. B. & C. D. in hac parte cepi ac propterea quod tam per probationes predict' quam per Confessionem ipsius J. S. ad tunc & ibidem aparuit mihi manifeste quod prefat' J. S. cum non haberet in Jure suo proprio nec in Jure uxoris suae ad usum suum proprium nec ali∣qui alij ad usum ejusd' J. S. haberent terras tenement' feoda Annuitates aut Officia ad clarum Annuum valorem 100 l. in Tormento predict' mo∣do & forma predict' sagittasset contra formam Statut' predict' ego prefat' J. L. prenominat' J. S. die & Anno supradict' proximae Goalae dict' Domi∣ni Regis apud M. in Com. predict' de transgressione predict' coram me Convictum Commisi, ibidem moraturum quousque paenam & forisfactu∣ram decem librarum legalis monetae Angliae vere solveret, viz. unam me∣dietatem inde dicto Domino Regi & alteram medietatem inde dictis A. B. & C. D. primo ejusdem J. S. coram me ductoribus & quorum omnium fi∣dem & testimonium ego prefat' J. L. hiis presentibus sigillum meum appo∣fui. Datum apud H. predict' die & Anno primum supradict'.

Per me prefat' J.L.

2. And every Person, other then such as are so Authorized by the yearly value of 100 l. as is aforesaid, ought, if he be licenced to shoot in Cross∣bow or Hand-gun, and do inhabit in the Country, to present his Name to the next Justice of Peace adjoyning: and thereupon the Justice ought to present and record the same before the Justices of the Peace at the next Quarter Sessions, 2 & 3 Ed. 6. 14. § N. But learn of others, whether this part is to have continuance still, or else did only extend to such Persons as had Licence at that time, Dalt. 66. cap. 24.

VI. West. Symbol. 2. part 129 b. Sect. 202. An Endictment for shooting Hailshot in a Hand-gun, 2 & 3 Ed. 6. 14. § N.

Kent ss.

Inquiratur pro Domina Regina quod cum in Statuto in Parlia∣ment' Domini Edw. nuper Regis Angliae sexti apud Westm. Anno Regni sui secundo inter alia ordinat' & inactitat' existit quod nulla persona subter gradum Domini Parliament' ex tunc deinceps sagittaret in aliquo Tor∣mento infra Civitat' vel Villam ad aliquam volucrem sive aliam metam su∣per Ecclesiam Domum aut Columbar' neque quod aliqua persona sagittaret in aliquo loco, aliquam sagittationem vocat' Hailshot, aut plures glan∣dines plumbeas quam unam uno tempore sub paena forisfact' 10 libr' pro quolibet tempore in quo ipse contra Statut' predict' delinqueret & impriso∣nament' Corporis sui per spatium trium Mensium prout in Statut' predict' plenius continetur: Quidam tamen J.C. nuper de B. in Com. R. Yeoman, Statut' predict' minimè ponderans nec paenam in eodem content' aliqualiter verens 5 die Junij &c. in quodam Torment' Anglicè vocat' a Hand-gun onerat' pulvere et glandinibus plumbeis Angl' Charged with Powder and Hailshot, in quandam Anat' ad tunc in quadam palude in commune Campo vocat' Netherfield de B. in Com. K. predict' existent' sagittavit et exoneravit Angl' discharged, contra formam Statuti predicti ac con∣tra Pacem dictae Dominae Reginae nunc Coron' et Dignitatem &c.

7. Crompt. 94. See 43 Eliz. 3. How Souldiers and Mariners,* 303.1 maihmed in the Wars, in the King's Service, shall be relieved, which is to continue to the end of the next Session, &c. which was 1 Jac. 25. and thence its continued to the next, 39 Eliz. 21.

VIII. Crompt. 195 b. pl. 24.* 303.2 One Justice of the Peace may Commit him that sells the Harness or Horses with which he shall be sent into the Wars, until he hath satisfied the Owner, &c. by 2 & 3 Ed. 6. 2. § N.

XI. Dalt. 66. cap. 24. Note, that the Sheriff, or any of his Officers,* 303.3 for the better Executing of their Office, may carry with them Hand-guns, Daggers, or other Weapons, invasive or defensive, notwitstanding, 33 H. 8. 6. § N 5 Co. 72.

X. West. Symb. 2. Part 113. Sect. 135. An Indictment for not keeping of a light Horse, 4 & 5 Ph. & Mar. 3.

Essex ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod ubi A. B. de C. in Com. E. predict' Gen' a primo die Junij Anno Regni &c. usque in hunc presentem diem, scil. primum diem Maij Anno &c. terras et tenement' in C. predict' in dicto Comitat' E. eidem A. B. et heredibus suis in feodo simplici ad clarum Annuum valorem Centum Mar∣carum et amplius ultra omnes reprisas habuerit ac tenuerit, idem tamen A. B. per totum tempus predict' viz. a dicto primo die Junij Anno supra∣dict' usque nunc nullum habuit custodivit manutenuit aut sustinuit equum castrat' Angl. dict' a Guilding, habìlem et idoneum pro levis Armaturae Equite Anglice able and meet for a light Horsman, in dicti Domini Regis contempt' ac in magnum hujus Regni sui Angliae enervationem necnon contra formam cujusd' Statut' in Parliament' Ph. et Mar. nuper Regis et Reginae Angliae tent' apud Westm' Anno Regnorum suorum quarto et quinto in hujusmodi Casu provisi ac editi.

Warrants,

see Process.

Warrenors,

see Forest.

Watch,

see Fresh-Suit.

VVax.

I. LAmbert 196. Every Justice of Peace may Examine and search by his Discretion such as do sell or set forth to be sold any Candles, or o∣ther Works of Wax, at higher Price than after the rate of four pence the pound over the common price of plain Wax between Merchant and Mer∣chant, and may also punish them by forfeiture of the work set forth to Sale, and of the value of that which is sold, and by Fine to the King, 1. H. 6. 12. § N. as it seemeth by the large words of that Statute, Lambert. 461. Enquiry in Sessions Dalt. 141. cap. 62. Crompt. 92.

Watermen,

see Sewers.

Wears,

see Sewers.

Weights,

see Measures.

Weapons,

see War.

Weavers,

see Drapery.

Wife,

see Baron and Feme.

Wildfowl,

see Fowl.

VVine.

I. LAmbert 451. Enquiry in Sessions, if any Person Authorized to sell Wine by retail, have within this year sold the same above the Prices thereof limited by the Kings Proclamation, if there have been any, 5 Eliz. 5.

II. Crompt. 95. Nota per Shard 27 Ass. 22. That he that sells Wine against the Assize of the Law, shall forfeit the whole Tonnel.

III. Dalt. 175. cap. 74. Edit. 1666. Every Justice of Peace as, it seem∣eth, by the words of the Statute, 24 H. 8. 6. § N. within the precinct of his Office, at the request of any Subject to whom denial of Sale shall be made of any Wine, and full payment therefore offered, according to the Prices set down by the Lords &c. may enter into the places where such Wine shall lie, and may sell and deliver the same Wine desired to be brought to the Person requiring to levy the same, taking the buyers mony towards the Satisfaction of the Forfeiture &c. 21 Jac. 28. § N.

2. Note, That no Person may sell any Wine in any Town, not Cor∣porate, but by Licence of the Justices of Peace in open Sessions by wri∣ting under the Several Seal of every of the said Justices, upon pain of 5 l. for every day of so offending, Co. Entr' 370. Finches Case, who reco∣vered 500 l. in an Information upon 7. Ed. 6. 5. § N. notwithstanding the Queens Licence there pleaded in Bar of the said Action.

3. And by 7 Ed. 6. 5. § N. in Towns Corporate no Person to sell but by Licence of the Maior, Aldermen, &c. and that under the common Seal of the Corporation upon the same penalty, quod Nota. See 12 Car. 2. cap. 25.

Witness,

see Proof.

Woad,

see Drapery.

Woods.

I. LAmbert 404. There be sundry Laws that do give to Justices of the Peace a certain special or particular Power in them, and do not yet yield unto them any Authority to enquire upon the same, as 35 H. 8. 17 § 7. N. 2. of Woods &c.

II. Lambert 355. Two Justices of Peace not being of kindred, Alliance, Counsel, or Fee to the Lord or Owner of a Wood, appointed by the more part of the Justices of Peace at their Sessions, upon Complaint of the Lord made unto them, may divide and set out the fourth part of it, if the Lord and Commoners thereof, being first called before them, can∣not agree upon it, 35 H. 8. 17. § 7 N. 2. 13 Eliz. 25. Crompt. 200 Ab. Dalt. 142. cap. 64.

III. Lambert 601. Justices of the Peace may in their open Quarter-Sessions call before them the Owner of a Wood, and 12 of the Commissio∣ners there, for setting out the fourth part thereof, 35 H. 8. 17. § 7. N. 2.

IV. Kilb. Precedents 220. A Warrant to search for stoln Wood, &c. upon a particular complaint to one Justice, on 15 Car. 2. 2. § 2. N. 3.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them.

Kent ss.

Forasmuch as complaint hath been made unto me by A. B. Wood (Ʋnder-wood, Poles, young Trees, Bark, or Bast of Trees, Gates, Stiles, Posts, Pales, Rayles, Hedgwood, Broom or Furze) were within five days now last past taken out of his Lands in L. in the said County, and hath prayed such relief from me therein, as by an Act of Parliament in such cases lately made, I am Authorized to give; These are therefore in his Majesties Name to will and command you, and every of you, that you, some, or one of you, do enter into and search the Houses, Outhouses, Yards, Gardens, or other Places belonging to the Houses within the said Hundred, of all and every Person or Persons, which you shall suspect to have any of the said Wood, &c. and wheresoever you shall find any such, to Apprehend or cause to be Apprehended, all and every Person or Persons suspected for the cutting and taking of the same,

and them, and every of them, as also those in whose Houses, or other Places belonging unto them, any such Wood &c. shall be found, to bring be∣fore me or some other of his Majesties Justices of the Peace of the said County, to be proceeded against as by the said Act is directed; here∣of fail not at your perils,

Given under my Hand and Seal the 10 day &c. Anno &c.

V. Kilb. Precedents 221. A General Warrant to search for stoln Wood, on 15 Car. 2. 2. § 2. N. 3.

To the Constable and Borshoulders of the Hundred of A. and to e∣very of them.

Kent ss.

Forasmuch as it is observed in these parts of the said County, that Woods, Under-woods, Poles, Young Trees, Bark, or Bast of Trees, Gates, Stiles, Posts, Pales, Rayls, Hedgwood, Broom and Furze, are unlawfully cut, stoln, spoiled, and taken away from the lawful Owners of the same, contrary to an Act of Parliament lately made, intituled, An Act for the punishment of unlawful cutting or stealing, or spoiling of Wood and Ʋnderwood, and destroyers of young Tymber Trees: These are therefore in his Majesties Name to charge and command you, and every of you, that you do with all convenient speed enter into and search the Houses, Outhouses, Yards, Gardens, or other places belonging to the Houses within the said Hundred, of all and every Person or Persons which you shall suspect to have any kind of such Wood, Underwood, Poles, or young Trees, or Bark or Bast of any Trees, or any such Gates, Stiles, Posts, Pales, Rayls, or Hedgwood, Broom or Furze, and where∣soever you shall find any such, to Apprehend or cause to be Apprehended all and every Person and Persons suspected for the cutting or taking of the same, and them and every of them in whose Houses, or other Places belonging to them, any such Wood, Underwood, Poles, or young Trees, or Bark or Bast of any Trees, or any Gates, Stiles, Posts, Pales, Rails, or Hedgwood, Broom or Furze shall be found, to bring before me, or some other of his Majesties Justices of the Peace for the said County, to be proceeded against as by the said Act is directed; hereof fail not at your perils.

Given under my Hand and Seal the 10 day &c. Anno &c.

VI. Kilb. Precedents 222. An Order against a Person Apprehended with Bundles &c. of Wood, &c. to make satisfaction &c. for the same to the Owner; The 1 Offence 15 Car. 2. 2. § 3. N. 1.

Kent ss.

Forasmuch as A. B. of C. was within five days last past Appre∣hended by J. S. An Officer (or Inhabitant of &c.) having (or carrying or any ways conveying) a Bundle of (any kind of) Wood &c. and this day brought before me to give account how he came by the said Wood &c. by the consent of the Owner, according to an Act of Parliament lately made, intituled, (An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Ʋnderwood and destroying of young Tymber Trees) and for that he did not give such account thereof, as did satisfie me, nor produce the party of whom he bought the same, or any other credible witness to depose upon Oath such sale thereof, whereby he is according to the said Act by me deemed and adjudged as convict of the Offence of cut∣ting and spoiling of the said Wood, &c. within the meaning of another Act of Parliament, which was made in the forty third year of the Raign of the late Queen Elizabeth, Intituled, An Act to Avoid and prevent mis∣demeanors in idle and lewd Persons; and forasmuch as it appeareth unto me that C. D. of &c. was lawful Owner of the said Wood &c. I do there∣fore

according to the said first before mentioned Act, order and appoint that the said A. B. shall within six days now next ensuing, given the said C. D. &c. the Sum of &c. of lawful Money of England, for recompence and satisfaction for his Dammages, and that the said A. B. shall over and above pay down presently unto the Overseers for the use of the Poor of the Parish of T. in the said County, where the said Offence was com∣mitted the sum of &c. of lawful Mony.

Given under our Hands and Seals the 10 day &c. Anno &c.

VII. Kilb. Precedents 223, 224. A Warrant for not obeying the Justices Order, 5 Car. 2. 2. § 3. N. 2.

To the Constable and Borshoulders of the Hundred of A. in the said County, and to every of them, and to the Keeper of the House of Correction for the said County at B. in the County aforesaid.

Kent ss.

Whereas A. B. of C. within 8 days last past, was Apprehended by J. S. Officer (or Inhabitant) &c. having &c. a Bundle of Wood &c. and lately brought before me to give account how he came by the said Wood &c. by the consent of the Owner, according to an Act of Parlia∣ment lately made, Intituled (An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Ʋnderwood, and destroyers of young Tymber trees) and for that he did not give such an account thereof, as did satisfie me, nor did produce the Party of whom he bought the same, or any other credible Witness to depose upon Oath such Sale thereof whereby he was then according to the said Act by me deemed and adjudged as convict of the Offence of cutting and spoiling of the said Wood, &c. within the meaning of one other Act of Parliament which was made in the forty third year of the Raign of the late Queen Elizabeth, Intituled (An Act to avoid and prevent divers Misdemeanors in idle and lewd Persons) and whereas it then appeared unto me that C. D. of &c. was Owner of the said Woods, &c. and I did therefore according to the said first before mentioned Act, order and appoint that the said A. B. should within 6. days then next ensuing, give the said C. D. &c. the Sum of &c. of lawful Mony of England for recompence and satisfaction for his Dammages: And that the said A. B. should over and above pay down then presently to the Overseers, for the use of the Poor of the Parish of T. in the said County, where the said Offence was committed, the Sum of &c. of like Mony, and forasmuch as the said A.B. did not according to the said order and Appointment give or pay the Moneys aforesaid, These are therefore in his Majesties Name to charge and command you the said Con∣stable and Borshoulders, and every of you, forthwith to convey the said A. B. to the aforesaid House of Correction, and him there deliver to the Keeper of the same together with this Precept, commanding also you the said Keeper to receive him into the said House, and him there detain by the space of _____ _____ Days next after such your receit of him; hereof fail not at your perils.

Given under my Hand and Seal the 10. day &c. Anno &c.

2. Nota, The Justice may, if he think fit, not send the Offender to the House of Correction, but may make a Warrant to the Constable, &c. to whip him, which may be made with the same recitals, as in the last Prece∣dent Warrant &c. thus.

These are therefore in his Majesties Name, to charge and command you to whip the said A. B. for the said Offence; hereof fail not &c.

VIII. Kilb. Precedents 225. A Mittimus to the House of Correction for the second like Offence, on 15 Car. 2. 2. § 3. N. 3.

To the Constables and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of the House of Correction for the said County aforesaid at B. in the County aforesaid.

Kent ss.

Whereas &c. ut supra, and after 43 Eliz. 7. thus; and for∣asmuch as the said A. B. was once before Convict of the said Offence, and was thereof so Convicted as before, These are therefore in his Majesties Name to Charge and Command you the said Constable and Borsholders, to convey the said A. B. to the aforesaid House of Correction, and there deliver him to the Keeper of the same, together with this Precept, Com∣manding also you the said Keeper to receive him into the said House, and there keep him one Month to hard labour; hereof fail not at your perils.

Given under my Hand and Seal the 10 day &c. Anno &c.

IX. Kilb. Precedents 226. An Order against the Buyer of stoln Wood, &c. 15 Car. 2. 2. § 4. N. 1.

Kent ss.

Forasmuch as upon Examination by me this day, according to an Act of Parliament lately made, Intituled, (An Act for the punish∣ment of unlawful cutting or stealing or spoiling of Wood and Ʋnderwood, and destroying of young Timber-trees) it appeared unto me that A.B. of &c. did within six days last past buy a burthen of Wood, (Piles, Sticks, Underwood, young Trees, Bark or Bass, Gates, Stiles, Posts, Pales, Rails, Hedgwood, Broom or Furz) of E. F. being a Person justly suspected to have unlawfully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of &c. and was of the va∣lue of &c. of lawful Money of England, I do therefore, according to the said Act, Award that the said A. B. shall pay to the said C. D. the Sum of &c. of lawful Money of England, being the treble value of the Wood &c. aforesaid.

Given under my Hand Seal the 10 day &c. Anno &c.

X. Kilb. Precedents 227. A Warrant to levy Money upon the Buyer of stoln Wood, 15 Car. 2. 2. § 4. N. 2.

To the Constable and Borsholders of the Hundred of A. in the said County, and every of them.

Kent ss.

Whereas lately by Examination by me taken, according to an Act of Parliament lately made, Intituled, (An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Ʋnderwood, and destroying of young Timber-trees) it appeareth unto me that A. B. of &c. did within six days last past, buy a burthen of Wood &c. of E. F. being a person justly suspected to have unlawfully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of &c. and was of the value of &c. of lawful Money of England, I did therefore, ac∣cording to the said Act, Award that the said A. B. should pay to the said C. D. the Sum of &c. of lawful Money of England, being the treble value of the Wood, &c. aforesaid, and forasmuch as the said A. B. hath not paid to the said C. D. the aforesaid Sum of &c. according to my said

Award; These are therefore in his Majesties Name to Charge and Com∣mand you to levy the said Sum of &c. by Distress and Sale of the Goods of the said A. B. rendring to him the Overplus, and after you have so le∣vied the said Sum of &c. forthwith to pay the same to the said C. D. hereof fail not at your perils;

Given under my Hand Seal the 10 day &c. Anno &c.

XI. Kilb. Precedents 228. A Mittimus against the Buyer of stoln Wood, &c. for want of Distress, on 15 Car. 2. 2. § 4. N. 3.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of his Majesties Goal for the County aforesaid at T. in the said Coun∣ty.

Kent. ss.

Whereas lately &c. prout supra and forasmuch as you the said Constable have retorned unto me, that in default of such Distress you cannot levy the aforesaid Sum of &c. These are therefore in his Majesties Name to Charge and Command you the said Constable and Bor∣sholders and every of you, to Attach the said A. B. and him safely convey to his Majesties Goal aforesaid at his own Charge, 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 one Month without Bail; hereof fail not at your perils.

Gi∣ven under my Hand and Seal the 10 day &c. Anno &c.

Wool,

see Drapery.

VVomen.

Rape, Baron & Feme.

I. LAmbert Precedents 7 b. pl. 19. An Endictment for the Rape of a Woman-Child under Ten years of Age, on 18 Eliz. 7. § 4. N. 1.

Kanc. ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod G. D. de B. in Com. predict' Waterman, tertio die Julij Anno Regni &c. apud B. predict' in dicto Comitat' in Domo Mansionali ibidem cujus∣dam A. S. Holster, Vi & Armmis in quandam M. N. de R. predict' in dicto Comitat' puellam infra etatem 10 Annorum tunc existent' insultum fecit ac tunc & ibidem eandem M.N. felonicè ac carnaliter cognovit, ac eandem M. N. nequiter abusus est contra pacem dicti Domini Regis nunc, ac con∣tra formam Statuti in Parliament' Dominae Reginae Elizab' tent' apud Westm' in Com. Middlesex, Anno dicti Regni sui 18 in hujusmodi casu provisi ac editi.

II. Lambert Precedents 8. pl. 20. An Endictment for the Rape of a Maid of above Ten years old, on 13 Ed. 1. W. 2. cap. 34. See P. 11 H. 7. 22. pl. 11.

Kanc. ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod B.C. de E. in dicto Comitatu Tavernor, 5 die Octob. Anno Regni &c. apud E. predict' in Com. predict' in quodam loco ibidem vocat' le Bower Vi & Armis in quandam A. K. de E. predict' in Com. predict' Virginem aetatis 16 Annorum tunc ibidem in Pace Dei & dicti Domini Regis existent' in∣sultum fecit ac tunc & ibidem eandem A. contra voluntatem ipsius A. felo∣nicè rapuit & carnaliter cognovit contra Pacem dicti Domini Regis nunc ac contra formam cujusd' S••atut' in Parliament' Domini Edw. olim Regis Angliae primi tent' apud Westm' in Com. Middlesex Anno Regni sui 13 in hujusmodi casu provisi ac editi, Crompt. 259. pl. 88.

III. Lamberts Precedents 8. pl. 21. An Endictment for taking away a Widow against her will that hath Lands, on 3 H. 7. 2. § N.

Kanc. ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod A. B. de C. in Com. predict' Singing-man, secundo die Apr. Anno Regni &c. Vi & Armis in Domum Mansionalem cujusd' A. B. de C. pre∣dict' in Com. predict' Viduae, infra Parochiam de C. predict' in Com. pre∣dict' intravit, quae quidem H. B. tunc seisita fuit in Dominico suo ut de feo∣do de & in diversis terris & tenement' in C. predict' in Com. predict' Clari Annui valoris 10 librarum ultra omnes reprisas existent' ac immediatè postea (viz. dicto secundo die Apr. Anno supradicto) idem A. B. predict' H. B. tunc & ibidem in dicta Domo sua in Pace Dei ac dicti Domini Regis exi∣stent' ex dicta Domo sua Mansionali contra voluntatem ipsius H. B. illegiti∣mè ac felonicè extraxit eripuit, & abduxit ac eandem H. B. postea scil. tertio die dicti Mensis Aprilis Anno supradicto in Ecclesia Parochiali de C. predict' in Com. predict' cepit in uxorem suam ubi idem A. B. dicto tempore ex∣tractionis & abductionis predict' non clamavit nec clamare potuit eandem H.B. tanquam wardam suam aut tanquam Nativam suam in magnam Pacis

dicti Domini Regis nunc perturbationem ac contra formam cujusdam Sta∣tuti in Parliament' Domini Henrici nuper Regis Angliae s••ptimi tent' Anno Regni sui tertio in hujusmodi casu provisi ac editi, West. Symb. 2 part 135. Sect. 224.

IV. Crompt. 258 b. 259. pl. 87. An Endictment for a Rape on 3 Ed. 1. W. 1. cap. 13. Dalt. 281. cap. 107.

Staff. ss.

Juratores pro Domino Rege super Sacrament' suum presentant quod cum in Statut' in Parliament' Domini Edw. nuper Regis Angliae primi Anno Regni sui tertio tent' editi inter caetera ordinatum existit quod nullus Rapiat neque capiat Ancillam infra aetat' existent' per assensum suum vel sine assensu suo, neque dictam Ancillam vel aliam faeminam contra vo∣luntatem suam, & si aliquis h••c fecerit, ad sectam illius qui hoc sequitur in∣fra 40 dies Dominus Rex sibi faciet Communem Justitiam: & si nullus In∣cipiat sectam in hac parte infra 40 dies Dominus Rex sequetur & illi qui invent' fuerint culpabiles habeant Prisonam duorum Annorum & postmo∣dum redimantur ad voluntatem Domini Regis prout in eodem Statuto plenius continetur: Quidam J. B. nuper de A. in Com. predict' Statutum predict' minimè ponderans nec paenam in eodem content' verens J. O. Ancillam filiam H. O. & infra etat' existent' 40 diebus elapsis apud W. in Com. predict' tertio die Septemb. Anno &c. violenter cepit & rapuit con∣tra formam Statuti predict' ac contra Pacem &c.

V. Dalt. 268. 269 cap. 104. Note, That a Woman Convicted of or for fe∣lonious taking of any Money, Goods, or Chattels, above the value of 12 d. and under 10 s. or as Accessory to any such Offence, the said Offence be∣ing no Burglary nor Robbery in or near the Highway, nor the felonious taking of any Goods from the Person of another privily, shall for the first Offence be branded in the Hand, and further punished by Imprisonment or Whipping at the Discretion of the Judge or Justice before whom she shall be so Convicted, 21 Jac. 6. §. 1. N. 2.

Workmen,

see Apprentice.

Writs,

see Process.

Yarn,

see Drapery.

Year,

see Days.

Notes

• * 1.1

  Husbandry.
• * 1.2

  Surety of the Peace.
• * 1.3

  Homicide.
• * 1.4

  Forest.
• * 1.5

  Bail.
• * 1.6

  Forest.
• * 1.7

  Ecclesiastical persons.
• * 1.8

  Pain.
• * 1.9

  Sanctuary.
• * 1.10

  Certificate.
• * 1.11

  Pope.
• * 1.12

  Sessions.
• * 1.13

  Sanctuary.
• * 1.14

  Abjutation.
• * 1.15

  Bayle.
• * 1.16

  Exposition.
• * 1.17

  Coron.
• * 1.18

  Statutes.
• * 1.19

  Intendment.
• * 1.20

  Exposition.
• * 1.21

  Intendment.
• * 1.22

  Exposition.
• * 1.23

  Intendment.
• * 1.24

  Rape
• * 1.25

  Intendment.
• * 1.26

  Armor.
• * 1.27

  Treason.
• * 1.28

  Admiral.
• * 1.29

  Money.
• * 1.30

  Treason.
• * 1.31

  Statutes.
• * 1.32

  Statutes.
• * 1.33

  Intendment.
• * 1.34

  Exposition.
• * 1.35

  Fresh Suit.
• * 1.36

  Agreement.
• * 1.37

  Indictment.
• * 1.38

  Joynder.
• * 1.39

  Kanc. ss.
• * 1.40

  Joynder.
• * 1.41

  Kanc. ss.
• * 1.42

  Coron.
• * 1.43

  Staff. ss;
• * 1.44

  Coron.
• * 1.45

  Staff ss.
• * 1.46

  Joynder.
• * 1.47

  Norff. ss.
• * 1.48

  Coron.
• * 1.49

  Middles••x. ss.
• * 1.50

  Poor.
• * 1.51

  Officers.
• * 1.52

  Days.
• * 1.53

  Contempt.
• * 1.54

  Ordinary.
• * 1.55

  Process.
• * 1.56

  Chancery.
• * 1.57

  Ch. Ward.
• * 1.58

  Nosine.
• * 1.59

  Averment.
• * 1.60

  Lieu.
• * 1.61

  Nosine.
• * 1.62

  Nosine.
• * 1.63

  Trades.
• * 1.64

  Misnorum.
• * 1.65

  Lieu.
• * 1.66

  Variance.
• * 1.67

  Alias dictus.
• * 1.68

  Trades.
• * 1.69

  Days.
• * 1.70

  Information.
• * 1.71

  Inquest.
• * 1.72

  Franchise.
• * 1.73

  Return.
• * 1.74

  Issues.
• * 1.75

  Incumbent.
• * 1.76

  Nosine.
• * 1.77

  Menace.
• * 1.78

  Peace.
• * 1.79

  Trespass.
• * 1.80

  Menace.
• * 1.81

  Justices.
• * 1.82

  A••id.
• * 1.83

  Action sup. Cas.
• * 1.84

  Officer.
• * 1.85

  Imprisonment
• * 1.86

  Arrest.
• * 1.87

  Fresh Suit.
• * 1.88

  Officer.
• * 1.89

  Constable.
• * 1.90

  Slander.
• * 1.91

  Officer.
• * 1.92

  Arrest.
• * 1.93

  Officer.
• * 1.94

  Justification.
• * 1.95

  Constable.
• * 1.96

  Bail.
• * 1.97

  Process.
• * 1.98

  Imprisonment
• * 1.99

  Fresh Suit.
• * 1.100

  Corporation.
• * 1.101

  Lieu.
• * 1.102

  Justices.
• * 1.103

  Fresh Suit.
• * 1.104

  Arrest.
• * 1.105

  Constable.
• * 1.106

  Slander.
• * 1.107

  Peace.
• * 1.108

  Bar. & Feme.
• * 1.109

  Justices.
• * 1.110

  Justices.
• * 1.111

  Middlesex ss.
• * 1.112

  Seamen.
• * 1.113

  Justices.
• * 1.114

  Ships.
• * 1.115

  War.
• * 1.116

  Jurisdiction.
• * 1.117

  Justices.
• * 1.118

  War.
• * 1.119

  License.
• * 2.1

  Measures.
• * 2.2

  Exchequer.
• * 2.3

  Wine.
• * 2.4

  License.
• * 2.5

  Indictment.
• * 2.6

  Recognizance
• * 2.7

  G••mes.
• * 2.8

  Recogn.
• * 2.9

  Recogn.
• * 2.10

  Justice
• * 2.11

  Recogn.
• * 2.12

  Justice.
• * 2.13

  Licence.
• * 2.14

  Bail.
• * 2.15

  Peace.
• * 2.16

  Officer.
• * 2.17

  Fees.
• * 2.18

  Appearance.
• * 2.19

  Licene.
• * 2.20

  Justices.
• * 2.21

  Recognizance
• * 2.22

  Justices.
• * 2.23

  Fees.
• * 2.24

  Process
• * 2.25

  Forfeiture.
• * 2.26

  Certificate.
• * 2.27

  Suggestion.
• * 2.28

  Process.
• * 2.29

  Fine.
• * 2.30

  Forfeiture.
• * 2.31

  Justices.
• * 2.32

  Enquest.
• * 2.33

  Certificat
• * 2.34

  Games.
• * 2.35

  Hostler.
• * 2.36

  Process.
• * 2.37

  Certificate.
• * 2.38

  Bail.
• * 2.39

  Recogn.
• * 2.40

  Process.
• * 2.41

  Licence.
• * 2.42

  Proofe.
• * 2.43

  Measures.
• * 2.44

  Hostler
• * 2.45

  Hostler.
• * 2.46

  Hostler.
• * 2.47

  Hostler.
• * 2.48

  Indictment.
• * 2.49

  Payment.
• * 2.50

  Hostler.
• * 2.51

  Hostler.
• * 2.52

  Lisence.
• * 2.53

  Nusance.
• * 2.54

  Justices.
• * 2.55

  Hostler.
• * 2.56

  License.
• * 2.57

  Hostler.
• * 2.58

  Justices.
• * 2.59

  License.
• * 2.60

  Ability.
• * 2.61

  Trades.
• * 2.62

  Lieu.
• * 2.63

  Lieu.
• * 2.64

  Warwick. ss.
• * 2.65

  License.
• * 2.66

  Berks. ss.
• * 2.67

  License
• * 2.68

  License. Cambr. ss.
• * 2.69

  License.
• * 3.1

  Victuals.
• * 3.2

  Fish.
• * 3.3

  Recogn.
• * 3.4

  License.
• * 4.1

  Forfeitures.
• * 4.2

  Cambr. ss.
• * 4.3

  Forfeiture.
• * 4.4

  Cambr. ss.
• * 4.5

  Measures.
• * 4.6

  Cambr. ss.
• * 4.7

  Process.
• * 4.8

  Cambr. ss.
• * 4.9

  Measures.
• * 4.10

  Imprisonment
• * 4.11

  S••ff ss.
• * 4.12

  Essex ss. Forfeiture.
• * 4.13

  Justices.
• * 4.14

  Measures.
• * 4.15

  Apraisment.
• * 4.16

  Justices.
• * 4.17

  Lisence.
• * 4.18

  Essex ss.
• * 4.19

  Victuals.
• * 4.20

  Shiriff.
• * 4.21

  Measures.
• * 4.22

  Bucks. ss.
• * 4.23

  Essex. ss.
• * 4.24

  ••••m••s.
• * 4.25

  Essex.
• * 4.26

  Essex ss.
• * 4.27

  Essex ss.
• * 4.28

  Midd. ss.
• * 4.29

  Midd. ss.
• * 4.30

  Peace.
• * 4.31

  War.
• * 4.32

  Apprentice.
• * 4.33

  Merchant.
• * 4.34

  Force.
• * 4.35

  Justices.
• * 4.36

  Justice
• * 4.37

  Fines.
• * 4.38

  Ale.
• * 4.39

  Process.
• * 4.40

  Exchequer.
• * 4.41

  Fees.
• * 4.42

  Issues.
• * 4.43

  Fines.
• * 4.44

  Amerciament.
• * 4.45

  Justifices.
• * 4.46

  Fines.
• * 4.47

  Drapery.
• * 4.48

  Abatement.
• * 4.49

  Fresh Suit.
• * 4.50

  Dhyes.
• * 4.51

  Attorny.
• * 4.52

  Sessions.
• * 4.53

  License.
• * 4.54

  Husbandry.
• * 4.55

  Husbandry.
• * 4.56

  License.
• * 4.57

  Lieu.
• * 4.58

  Justices.
• * 4.59

  Justices.
• * 4.60

  Imprison.
• * 4.61

  Justices.
• * 4.62

  Poor.
• * 4.63

  Certificate.
• * 4.64

  Fees.
• * 4.65

  Fees.
• * 4.66

  Trades.
• * 4.67

  Dayes.
• * 4.68

  Husbandry.
• * 4.69

  Fees.
• * 4.70

  Husbandry.
• * 4.71

  Notice.
• * 4.72

  Labourers.
• * 4.73

  Peace.
• * 4.74

  Constable.
• * 4.75

  Trades.
• * 4.76

  Informations.
• * 4.77

  Process:
• * 4.78

  Issues.
• * 4.79

  Justices.
• * 4.80

  Justices.
• * 4.81

  Proof.
• * 4.82

  Justices.
• * 4.83

  Poor.
• * 4.84

  Coron.
• * 4.85

  Trades.
• * 4.86

  Justices.
• * 4.87

  Process.
• * 4.88

  Bail.
• * 4.89

  Justices.
• * 4.90

  Action.
• * 4.91

  Trades.
• * 4.92

  Process.
• * 4.93

  Imprison.
• * 4.94

  Deeds.
• * 4.95

  Process.
• * 4.96

  Justices.
• * 4.97

  Process.
• * 4.98

  Corporat.
• * 4.99

  Certificate.
• * 4.100

  Trades.
• * 4.101

  Trades.
• * 4.102

  Trades.
• * 4.103

  Trades.
• * 4.104

  Trades.
• * 4.105

  Ale.
• * 4.106

  Infant.
• * 4.107

  Poor.
• * 4.108

  Husban-dry.
• * 4.109

  Lieu.
• * 4.110

  Departure.
• * 4.111

  Peace.
• * 4.112

  License.
• * 4.113

  Infant.
• * 4.114

  Process.
• * 5.1

  Camb. ss.
• * 5.2

  Process.
• * 6.1

  Cambr. ss.
• * 6.2

  Labourers.
• * 6.3

  Staff. ss.
• * 6.4

  Departure.
• * 6.5

  Staff. ss.
• * 6.6

  Imprisonm.
• * 6.7

  Staff. ss.
• * 6.8

  Departure.
• * 6.9

  Staff. ss.
• * 6.10

  Imprisonm.
• * 6.11

  Staff. ss.
• * 6.12

  Process.
• * 7.1

  Suff. ss.
• * 7.2

  Departure.
• * 8.1

  Suff. ss.
• * 8.2

  Midd. ss.
• * 8.3

  Deeds.
• * 8.4

  Justices.
• * 8.5

  Process,
• * 9.1

  Kent ss.
• * 9.2

  Fees.
• * 10.1

  Kent ss.
• * 10.2

  Trades.
• * 11.1

  Essex.
• * 11.2

  Process.
• * 12.1

  Kent ss.
• * 12.2

  Peace.
• * 13.1

  Kent ss.
• * 13.2

  Justices.
• * 14.1

  Kent ss.
• * 14.2

  Treason.
• * 14.3

  Midd. ss.
• * 14.4

  Process.
• * 15.1

  Kent ss.
• * 15.2

  Amerciament.
• * 16.1

  Kent ss.
• * 16.2

  Poor.
• * 17.1

  Kent ss.
• * 17.2

  Coron.
• * 17.3

  Essex ss.
• * 17.4

  Indictment.
• * 17.5

  Midd. ss.
• * 17.6

  Trades.
• * 17.7

  Norf. ss.
• * 17.8

  Trades.
• * 17.9

  Essex ss.
• * 17.10

  Departure.
• * 17.11

  Essex ss.
• * 17.12

  Seizure.
• * 17.13

  Process.
• * 17.14

  Records.
• * 17.15

  Accessory.
• * 17.16

  Chancery.
• * 17.17

  Replevin.
• * 17.18

  Ability.
• * 17.19

  Sheriffs.
• * 17.20

  Leet.
• * 17.21

  Imprisonm.
• * 17.22

  Justices.
• * 17.23

  Escape.
• * 17.24

  Justices.
• * 17.25

  Certificate.
• * 17.26

  Justices.
• * 17.27

  Ability.
• * 17.28

  Justices.
• * 17.29

  Certificate.
• * 17.30

  Examination.
• * 17.31

  Certificate.
• * 17.32

  Landon.
• * 17.33

  Justices.
• * 17.34

  Imprisonm.
• * 17.35

  Justices.
• * 17.36

  Coron.
• * 17.37

  Days.
• * 17.38

  Indictment.
• * 17.39

  Process.
• * 17.40

  Ability.
• * 17.41

  Justices.
• * 17.42

  Imprisonm.
• * 17.43

  Prerogative.
• * 17.44

  Justices.
• * 17.45

  Amerciament.
• * 17.46

  Error.
• * 17.47

  Imprisonm.
• * 17.48

  Process.
• * 17.49

  Examination.
• * 17.50

  Forfeiture.
• * 17.51

  Process.
• * 17.52

  Imprisonm.
• * 17.53

  Justices.
• * 17.54

  Ability.
• * 17.55

  Escape.
• * 17.56

  Fines.
• * 17.57

  Process.
• * 17.58

  Judgment.
• * 17.59

  Accessary.
• * 17.60

  Process.
• * 17.61

  Money.
• * 17.62

  Riot.
• * 17.63

  Measures.
• * 17.64

  Maintenaece.
• * 17.65

  Ways.
• * 17.66

  Poor.
• * 17.67

  Justices.
• * 17.68

  Ordinary.
• * 17.69

  Auster le mere.
• * 17.70

  War.
• * 17.71

  Ale.
• * 17.72

  Market Overt.
• * 17.73

  Riot.
• * 17.74

  Coron.
• * 17.75

  War.
• * 17.76

  Religion.
• * 17.77

  Religion.
• * 17.78

  Fees.
• * 17.79

  Fish.
• * 17.80

  Forgery.
• * 17.81

  Conjuration.
• * 17.82

  Forrest.
• * 17.83

  Cattle.
• * 17.84

  Purveyance.
• * 17.85

  Bastardy.
• * 17.86

  Schools.
• * 17.87

  Religion.
• * 17.88

  Drapery.
• * 17.89

  War.
• * 17.90

  Poor.
• * 17.91

  Fowl.
• * 17.92

  Poor.
• * 17.93

  Oath.
• * 17.94

  Forest.
• * 17.95

  Fowl.
• * 17.96

  Certiorari.
• * 17.97

  Nosm.
• * 17.98

  Mainprise.
• * 18.1

  Kanc. ss.
• * 18.2

  Imprisonm.
• * 19.1

  Kent ss.
• * 19.2

  Sheriff.
• * 19.3

  Recognizance
• * 21.1

  Recogn.
• * 21.2

  Appearance.
• * 21.3

  Appearance.
• * 21.4

  Oath.
• * 21.5

  Enquest.
• * 21.6

  Fees.
• * 21.7

  Arrest.
• * 21.8

  Indictment.
• * 21.9

  Forfeit.
• * 21.10

  Women.
• * 21.11

  Forfeiture.
• * 21.12

  Peace.
• * 21.13

  Justification.
• * 21.14

  Appearance.
• * 21.15

  Pope.
• * 21.16

  Religion.
• * 21.17

  Information.
• * 21.18

  Poor.
• * 21.19

  Kanc. ss.
• * 21.20

  Middlesex ss.
• * 21.21

  Arrest.
• * 21.22

  Good behav.
• * 21.23

  Imprisonment
• * 21.24

  Poor.
• * 21.25

  Sessions.
• * 21.26

  Apprentice▪
• * 21.27

  Women.
• * 21.28

  Women.
• * 21.29

  Bail.
• * 21.30

  Good behav.
• * 21.31

  Good behav.
• * 21.32

  Poor.
• * 21.33

  Justices.
• * 21.34

  Poor.
• * 21.35

  Justices.
• * 21.36

  Justices.
• * 21.37

  Oath.
• * 21.38

  Imprisonm.
• * 21.39

  Women.
• * 21.40

  Imprisonm.
• * 21.41

  Justices.
• * 21.42

  Poor.
• * 21.43

  Imprisonm.
• * 21.44

  Infant.
• * 21.45

  Infant.
• * 21.46

  Sessions.
• * 21.47

  Poor.
• * 21.48

  Justices.
• * 21.49

  Sessions.
• * 21.50

  Errour.
• * 21.51

  Poor.
• * 21.52

  Women.
• * 21.53

  Process.
• * 21.54

  Cumb. ss.
• * 21.55

  Poor.
• * 21.56

  Essex ss.
• * 21.57

  Imprisonm.
• * 21.58

  Cambr. ss.
• * 21.59

  Poor.
• * 21.60

  Cambr. ss.
• * 21.61

  Justices.
• * 21.62

  Women.
• * 21.63

  Cambr. ss.
• * 21.64

  Imprisonm.
• * 21.65

  Suff. ss.
• * 21.66

  Recogn.
• * 21.67

  Poor.
• * 21.68

  Suff. ss.
• * 21.69

  Poor.
• * 21.70

  Suff. ss.
• * 21.71

  Women.
• * 21.72

  Sessions.
• * 21.73

  Justices.
• * 21.74

  Women.
• * 21.75

  Poor.
• * 21.76

  Indictment.
• * 21.77

  Midd. ss.
• * 22.1

  Kent ss.
• * 22.2

  Justices.
• * 22.3

  Common.
• * 22.4

  Common.
• * 22.5

  Indictment.
• * 22.6

  Justices.
• * 22.7

  Forfeiture.
• * 22.8

  License▪
• * 22.9

  Husbandry.
• * 22.10

  Sessions.
• * 22.11

  Information.
• * 22.12

  Indictment.
• * 22.13

  Information.
• * 22.14

  Days.
• * 22.15

  Husbandry.
• * 22.16

  Market overt.
• * 22.17

  Sessions.
• * 22.18

  Justices.
• * 22.19

  Market overt.
• * 22.20

  Indictment.
• * 22.21

  Courts.
• * 22.22

  Record.
• * 22.23

  Supersedeas.
• * 22.24

  Justices.
• * 22.25

  Process.
• * 22.26

  Indictment.
• * 22.27

  Justices.
• * 22.28

  Indictment.
• * 22.29

  Record.
• * 22.30

  Variance.
• * 22.31

  Variance.
• * 22.32

  Nosm.
• * 22.33

  Justices.
• * 22.34

  Courts.
• * 22.35

  Utlary.
• * 22.36

  Nosm.
• * 22.37

  Utlary.
• * 22.38

  Imprisonm.
• * 22.39

  Sessions.
• * 22.40

  Bail.
• * 22.41

  Process.
• * 22.42

  Ways.
• * 22.43

  Money.
• * 22.44

  Peace.
• * 22.45

  Records.
• * 22.46

  Retorn.
• * 22.47

  Riot.
• * 22.48

  Recognizance.
• * 22.49

  Indictment.
• * 22.50

  Execution.
• * 22.51

  Variance.
• * 22.52

  Courts.
• * 22.53

  Records.
• * 22.54

  Justices.
• * 22.55

  Record.
• * 22.56

  Rot. i
• * 22.57

  Staff. ss.
• * 22.58

  Retorn.
• * 22.59

  Riot.
• * 22.60

  Recogn.
• * 22.61

  Peace.
• * 22.62

  Recogn.
• * 22.63

  Officer.
• * 22.64

  Accessory,
• * 22.65

  Indictment.
• * 22.66

  Recogn.
• * 22.67

  Pope.
• * 22.68

  Purveyors.
• * 22.69

  Records.
• * 22.70

  Supersedeas.
• * 22.71

  Courts.
• * 22.72

  Indictment.
• * 22.73

  Ale.
• * 22.74

  Ways.
• * 22.75

  Pope.
• * 22.76

  Sheriffs.
• * 22.77

  Ways.
• * 22.78

  Peace.
• * 22.79

  Justices.
• * 22.80

  Fines.
• * 22.81

  Recogn.
• * 22.82

  Peace.
• * 22.83

  Recogn.
• * 22.84

  Riot.
• * 22.85

  Variance.
• * 22.86

  Religion.
• * 22.87

  Affray.
• * 22.88

  Market.
• * 22.89

  Coron.
• * 22.90

  Fish.
• * 22.91

  Poor.
• * 22.92

  Ways.
• * 22.93

  Fish.
• * 22.94

  Poor.
• * 22.95

  Fowl.
• * 22.96

  Indictment.
• * 23.1

  Coron.
• * 24.1

  Indictment.
• * 27.1

  Peace.
• * 27.2

  Forgery.
• * 27.3

  Good behav.
• * 27.4

  Days.
• * 27.5

  Forest.
• * 27.6

  Indictment.
• * 27.7

  Essex ss.
• * 27.8

  Slander.
• * 27.9

  Coron.
• * 27.10

  Clergy.
• * 27.11

  Proof.
• * 27.12

  Proof.
• * 27.13

  Indictment.
• * 27.14

  Indictment.
• * 27.15

  Kanc' ss.
• * 27.16

  Indictment.
• * 27.17

  Kanc' ss.
• * 27.18

  Indictment.
• * 27.19

  Essex ss.
• * 27.20

  Justices.
• * 27.21

  Indictment.
• * 27.22

  Treason.
• * 27.23

  Justices.
• * 27.24

  Market.
• * 27.25

  Trades.
• * 27.26

  Trades.
• * 27.27

  Victual.
• * 27.28

  Coron.
• * 27.29

  Essex ss.
• * 27.30

  Indictment.
• * 27.31

  Lincoln ss.
• * 27.32

  Officer.
• * 27.33

  Peace.
• * 27.34

  Commission.
• * 27.35

  Pety-Sessions.
• * 27.36

  Peace.
• * 27.37

  Bail.
• * 27.38

  Process.
• * 27.39

  Imprisonm.
• * 27.40

  Affray
• * 27.41

  Process.
• * 27.42

  Fresh Suit.
• * 27.43

  Escape.
• * 27.44

  Officer.
• * 27.45

  Officer.
• * 27.46

  Arrest.
• * 27.47

  Force.
• * 27.48

  Arrest.
• * 27.49

  Peace.
• * 27.50

  Process.
• * 27.51

  Seisure.
• * 27.52

  Imprisonment
• * 27.53

  Imprisonment
• * 27.54

  Process.
• * 27.55

  Process.
• * 27.56

  Justices.
• * 27.57

  Physitians.
• * 27.58

  Purveyance.
• * 27.59

  War.
• * 27.60

  Petty-sessions.
• * 27.61

  Officer.
• * 27.62

  Indictment.
• * 27.63

  Petty-sessions.
• * 27.64

  Forfeitures.
• * 27.65

  Poor.
• * 27.66

  Pope.
• * 27.67

  Hostler.
• * 27.68

  Husbandry.
• * 27.69

  Tax.
• * 27.70

  Coron.
• * 27.71

  Poor.
• * 27.72

  Poor.
• * 27.73

  Ways.
• * 27.74

  Trespass.
• * 27.75

  Poor.
• * 27.76

  Deputy.
• * 27.77

  Hertion.
• * 27.78

  Peace.
• * 27.79

  Fowl.
• * 27.80

  Sessions.
• * 27.81

  Election.
• * 27.82

  Wales.
• * 27.83

  Election.
• * 27.84

  Justices.
• * 27.85

  Sheriffs.
• * 27.86

  Sheriff.
• * 27.87

  Ale.
• * 27.88

  Ale.
• * 27.89

  Affray.
• * 27.90

  Supersedeas.
• * 27.91

  Oath.
• * 27.92

  Leet.
• * 28.1

  Justices.
• * 28.2

  Oath.
• * 28.3

  Peace.
• * 28.4

  Officer.
• * 28.5

  Poor.
• * 28.6

  Apprentice.
• * 28.7

  Games.
• * 28.8

  Sewers.
• * 28.9

  Poor.
• * 28.10

  Bail.
• * 28.11

  Recogniz.
• * 28.12

  Imprisonm.
• * 28.13

  Coron.
• * 28.14

  Peace.
• * 28.15

  Pety-Sessions.
• * 28.16

  Peace.
• * 28.17

  Officer.
• * 28.18

  Officer.
• * 28.19

  Peace.
• * 28.20

  Imprisonm.
• * 28.21

  Peace.
• * 28.22

  Bail.
• * 28.23

  Certificate.
• * 28.24

  Oath.
• * 28.25

  Arrest.
• * 28.26

  Imprisonment
• * 28.27

  Obligation.
• * 28.28

  Process.
• * 30.1

  Indictment.
• * 30.2

  Midd. ss.
• * 30.3

  Ouster Ie mer.
• * 30.4

  License.
• * 30.5

  Market.
• * 30.6

  Merchants.
• * 30.7

  Al••.
• * 30.8

  Hostler.
• * 30.9

  Amerciament
• * 30.10

  Corporation.
• * 30.11

  Hostler.
• * 30.12

  Seisure.
• * 30.13

  Imprisonment
• * 30.14

  Justices.
• * 30.15

  Husbandry.
• * 30.16

  Ale.
• * 30.17

  Collusion.
• * 30.18

  Market overt.
• * 30.19

  Justices.
• * 32.1

  Essex ss.
• * 32.2

  Essex ss.
• * 33.1

  Process.
• * 33.2

  Proof.
• * 33.3

  Ability.
• * 33.4

  Women.
• * 33.5

  Imprisonm.
• * 33.6

  Offieer.
• * 33.7

  Peace.
• * 33.8

  Imprisonm.
• * 33.9

  Riot.
• * 33.10

  Fresh Suit.
• * 33.11

  Justification.
• * 33.12

  Murder.
• * 33.13

  Intendment.
• * 33.14

  Cattle.
• * 33.15

  Physician.
• * 33.16

  Officer.
• * 33.17

  Bastardy.
• * 33.18

  Execution.
• * 33.19

  Poyson.
• * 33.20

  Accessary.
• * 33.21

  Treason.
• * 33.22

  Games.
• * 33.23

  Justification.
• * 33.24

  Chance.
• * 33.25

  Treason.
• * 33.26

  Justices.
• * 33.27

  Justices.
• * 33.28

  Justices.
• * 33.29

  Indictment.
• * 33.30

  Certiorari.
• * 33.31

  Justices.
• * 33.32

  Justcies.
• * 33.33

  Indictment.
• * 33.34

  Riot.
• * 33.35

  Forgery.
• * 33.36

  Justices.
• * 33.37

  Imprisonm.
• * 33.38

  Treason.
• * 33.39

  Enquest.
• * 33.40

  Treason.
• * 33.41

  Justices.
• * 33.42

  Bail.
• * 33.43

  Bar. & Feme.
• * 33.44

  Escape.
• * 33.45

  Bail.
• * 33.46

  Escape.
• * 33.47

  Bail.
• * 33.48

  Escape.
• * 33.49

  Justices.
• * 33.50

  Justices.
• * 33.51

  Lieu.
• * 33.52

  Commission.
• * 33.53

  Process.
• * 33.54

  Imprisonm.
• * 33.55

  Process.
• * 33.56

  Information.
• * 33.57

  Imprisonment
• * 33.58

  Forgery.
• * 33.59

  Apprentice.
• * 33.60

  Records.
• * 33.61

  Precog'
• * 33.62

  Tryals.
• * 33.63

  Process.
• * 33.64

  Imprisonm.
• * 33.65

  Appeal.
• * 33.66

  Exile.
• * 33.67

  Day.
• * 33.68

  Women.
• * 33.69

  Clergy.
• * 34.1

  Kanc. ss.
• * 39.1

  Chance.
• * 40.1

  Clergy.
• * 41.1

  Fresh-Suit.
• * 42.1

  Murder.
• * 43.1

  Murder.
• * 44.1

  Maihim.
• * 52.1

  Ways.
• * 53.1

  Glouc. ss.
• * 53.2

  Cattel.
• * 54.1

  Glouc. ss.
• * 55.1

  Glouc. ss.
• * 56.1

  Games.
• * 56.2

  Glouc. ff.
• * 56.3

  Addition.
• * 56.4

  Nosine.
• * 56.5

  Peace.
• * 56.6

  Recogn.
• * 56.7

  Arrest.
• * 56.8

  Process.
• * 56.9

  Corporation.
• * 56.10

  Officer.
• * 56.11

  Collusion.
• * 56.12

  Justices.
• * 56.13

  Measures.
• * 56.14

  Market overt.
• * 56.15

  Trades.
• * 56.16

  Justices.
• * 56.17

  Forfeiture.
• * 56.18

  Justices.
• * 56.19

  Process.
• * 56.20

  Justices.
• * 56.21

  Wooll.
• * 56.22

  Collusion.
• * 57.1

  Pope.
• * 57.2

  Incumbent.
• * 57.3

  Religion.
• * 57.4

  Religion.
• * 57.5

  Schools.
• * 57.6

  Bastardy.
• * 58.1

  Market.
• * 59.1

  Encumbent.
• * 60.1

  Fees.
• * 60.2

  Amerciament.
• * 60.3

  Sheriffs.
• * 60.4

  Coron.
• * 60.5

  Writs.
• * 60.6

  Challenge.
• * 60.7

  Leet.
• * 60.8

  Alien.
• * 60.9

  Challenge.
• * 60.10

  Process.
• * 60.11

  Commissions.
• * 60.12

  Retorn.
• * 60.13

  Ability.
• * 60.14

  Process.
• * 60.15

  Amerciament.
• * 60.16

  Sheriffs.
• * 60.17

  Sessions.
• * 60.18

  Justices.
• * 60.19

  Tryals.
• * 60.20

  Retorn.
• * 60.21

  Lieu.
• * 60.22

  Justices.
• * 60.23

  Verdit.
• * 60.24

  Imprisonment
• * 60.25

  Evidence.
• * 60.26

  Maintenance.
• * 61.1

  Essex ss.
• * 61.2

  Fees.
• * 62.1

  Justices.
• * 62.2

  Leet.
• * 62.3

  Constable.
• * 62.4

  Justices.
• * 62.5

  Bayl.
• * 62.6

  Arrest.
• * 62.7

  Indictment.
• * 62.8

  Amerciament.
• * 62.9

  Imprisonment.
• * 62.10

  Traverse.
• * 62.11

  Process.
• * 62.12

  Imprisonment.
• * 62.13

  Marriage
• * 62.14

  Officer.
• * 62.15

  Lach.
• * 62.16

  Watch.
• * 62.17

  Coron.
• * 75.1

  Contempt.
• * 75.2

  Forfeiture.
• * 75.3

  Amerciament.
• * 75.4

  Estreats.
• * 75.5

  Information.
• * 75.6

  Acc. S. Stat.
• * 75.7

  Maintenance.
• * 75.8

  Husbandry.
• * 75.9

  Ways.
• * 75.10

  Sheriffs.
• * 75.11

  Enquest.
• * 75.12

  Husbandry.
• * 75.13

  Bayl.
• * 75.14

  Enquest.
• * 75.15

  Imprisonment
• * 75.16

  Justices.
• * 75.17

  Ale.
• * 75.18

  Justices.
• * 75.19

  Licence.
• * 75.20

  Licence.
• * 75.21

  Inrolment.
• * 75.22

  Extortion.
• * 75.23

  Officer.
• * 75.24

  Justices.
• * 75.25

  Franchise.
• * 75.26

  Justices.
• * 75.27

  Constable.
• * 75.28

  Officer.
• * 75.29

  Justices.
• * 75.30

  Exchequer.
• * 75.31

  Justices.
• * 75.32

  Amerciaments
• * 75.33

  Extortion.
• * 75.34

  Justices.
• * 75.35

  Justices.
• * 75.36

  Indictment.
• * 77.1

  Leather.
• * 79.1

  Justices.
• * 79.2

  Nusans.
• * 79.3

  Merchants.
• * 79.4

  Alien.
• * 79.5

  Alien.
• * 79.6

  Apraisment.
• * 79.7

  Licence.
• * 79.8

  Merchants.
• * 79.9

  Admiral.
• * 79.10

  Process.
• * 79.11

  Forfeiture.
• * 79.12

  Lieu.
• * 79.13

  Amerciament.
• * 79.14

  Indictment.
• * 82.1

  Sheriff.
• * 82.2

  Process.
• * 82.3

  Entry.
• * 82.4

  Disseisor.
• * 82.5

  Trespass.
• * 82.6

  Entry.
• * 82.7

  Justices.
• * 82.8

  Restitution.
• * 82.9

  Justices.
• * 82.10

  Disseisin.
• * 82.11

  Riot.
• * 82.12

  Seisin.
• * 82.13

  Reeords.
• * 82.14

  Justices.
• * 82.15

  Costs.
• * 82.16

  Droit.
• * 82.17

  Justices.
• * 82.18

  Record.
• * 83.1

  Record.
• * 83.2

  Imprisonment.
• * 84.1

  Amerciament.
• * 84.2

  Justices.
• * 84.3

  Lieu.
• * 84.4

  Record.
• * 84.5

  Imprisonment
• * 84.6

  Entry.
• * 84.7

  Menace.
• * 84.8

  Enquest.
• * 84.9

  Enquest.
• * 84.10

  Seisin.
• * 84.11

  Restitution.
• * 84.12

  Enquest.
• * 85.1

  Process.
• * 85.2

  Verdit.
• * 85.3

  Restitution.
• * 86.1

  Process.
• * 86.2

  Sheriffs.
• * 86.3

  Courts.
• * 86.4

  Justices.
• * 86.5

  Imprisonment.
• * 86.6

  Traverse.
• * 86.7

  Enquest.
• * 86.8

  Justices.
• * 86.9

  Amerciament.
• * 86.10

  Justices.
• * 86.11

  Amerciaments
• * 86.12

  Seisin.
• * 86.13

  Restitution.
• * 86.14

  Courts.
• * 86.15

  Restitution.
• * 86.16

  Amerciament.
• * 86.17

  Certiorari.
• * 86.18

  Restitution.
• * 86.19

  Courts
• * 86.20

  Certiorari.
• * 86.21

  Traverse.
• * 86.22

  Supersedeas.
• * 86.23

  Joynder.
• * 86.24

  Traverses
• * 86.25

  Traverse.
• * 86.26

  Traverse.
• * 86.27

  Justices.
• * 86.28

  Prerog.
• * 86.29

  Prerog.
• * 86.30

  Outlawry.
• * 86.31

  Prerog.
• * 86.32

  Chpihold.
• * 86.33

  Restitution.
• * 86.34

  Copihold.
• * 86.35

  Heir.
• * 86.36

  Restitution.
• * 86.37

  Outlaw.
• * 86.38

  Traverse.
• * 86.39

  Process.
• * 86.40

  Joyntenants.
• * 86.41

  Restitution.
• * 86.42

  Process.
• * 86.43

  Sessions.
• * 86.44

  Church.
• * 86.45

  Sessions.
• * 86.46

  Forfeiture.
• * 86.47

  Catle.
• * 86.48

  Sessions.
• * 86.49

  Deer.
• * 86.50

  Fowl.
• * 95.1

  Justices▪
• * 95.2

  Coron.
• * 95.3

  Collusion.
• * 97.1

  Forest.
• * 97.2

  License.
• * 97.3

  Market overt.
• * 97.4

  Justices▪
• * 99.1

  Green Wax.
• * 99.2

  Amerciament.
• * 99.3

  Justices.
• * 99.4

  Appearance.
• * 99.5

  Enquest.
• * 99.6

  Justices.
• * 99.7

  Justices.
• * 99.8

  Affray.
• * 99.9

  Acc. S. Stat.
• * 99.10

  Franchise.
• * 99.11

  Notice.
• * 99.12

  Limitation▪
• * 99.13

  Sheriffs.
• * 99.14

  Coron.
• * 99.15

  Lect.
• * 99.16

  Enquest.
• * 99.17

  Sessions.
• * 99.18

  Notice.
• * 99.19

  Officer.
• * 99.20

  Trespass.
• * 99.21

  Process.
• * 99.22

  Action S. Stat
• * 99.23

  Joynder.
• * 99.24

  Justices.
• * 99.25

  Notice.
• * 99.26

  Officer.
• * 99.27

  Justices.
• * 99.28

  London.
• * 99.29

  Dayes.
• * 99.30

  Watch.
• * 106.1

  Apprentice.
• * 106.2

  Process.
• * 106.3

  Apprentice.
• * 106.4

  War.
• * 106.5

  Ability.
• * 106.6

  Archers.
• * 106.7

  Bowls.
• * 106.8

  Imprisonment.
• * 106.9

  Dayes.
• * 106.10

  Prohibition.
• * 106.11

  Dayes.
• * 106.12

  Warren.
• * 106.13

  Ability.
• * 106.14

  Warren.
• * 106.15

  Days.
• * 106.16

  Fowl.
• * 106.17

  Enquest.
• * 106.18

  Justices.
• * 106.19

  Apprentices.
• * 106.20

  Process.
• * 107.1

  Peace.
• * 107.2

  Recognizance
• * 107.3

  Condition.
• * 107.4

  Justices.
• * 107.5

  Writs.
• * 108.1

  Forfeiture.
• * 108.2

  Imprisonment
• * 108.3

  Bastardy.
• * 108.4

  Suspition.
• * 108.5

  Justices.
• * 108.6

  Justices.
• * 108.7

  Peace.
• * 108.8

  Recognizance.
• * 108.9

  Justices.
• * 108.10

  Coron.
• * 108.11

  Suggestion.
• * 108.12

  Recognizance.
• * 108.13

  London.
• * 108.14

  Fresh Suit.
• * 108.15

  Collusion.
• * 108.16

  Slander.
• * 108.17

  Execution.
• * 108.18

  Contempt.
• * 108.19

  Religion.
• * 108.20

  Pope.
• * 108.21

  Pardon.
• * 108.22

  Coro
• * 108.23

  Ale.
• * 108.24

  Release.
• * 108.25

  Supersedeas.
• * 108.26

  Certiorari.
• * 108.27

  Process.
• * 109.1

  Recognizance.
• * 109.2

  Condition.
• * 109.3

  Supersedeas.
• * 109.4

  Justices.
• * 109.5

  Condition.
• * 109.6

  Supersedeas.
• * 109.7

  Market overt.
• * 109.8

  Corporation.
• * 109.9

  Fees.
• * 109.10

  Ale.
• * 109.11

  Wayes.
• * 109.12

  Licence.
• * 109.13

  Abby.
• * 109.14

  Leases.
• * 109.15

  Justices.
• * 109.16

  Catle.
• * 109.17

  Days.
• * 109.18

  Justices.
• * 111.1

  Process.
• * 111.2

  Peace.
• * 111.3

  Process.
• * 111.4

  Constable.
• * 111.5

  Affray.
• * 111.6

  Constable.
• * 111.7

  Justices.
• * 111.8

  Dayes.
• * 111.9

  Sheriffs.
• * 111.10

  Process.
• * 111.11

  Constable.
• * 111.12

  Justices.
• * 111.13

  Amerciament.
• * 111.14

  Arrest.
• * 111.15

  Games.
• * 111.16

  Ale.
• * 111.17

  peace.
• * 111.18

  Dignity.
• * 111.19

  Coron.
• * 111.20

  Arrest.
• * 111.21

  Suggestion.
• * 111.22

  Process.
• * 111.23

  Lieu.
• * 111.24

  Fresh Suit.
• * 111.25

  Days.
• * 111.26

  Escape.
• * 111.27

  Rescous.
• * 111.28

  Escape.
• * 112.1

  Escape.
• * 112.2

  Coron.
• * 112.3

  Rescous.
• * 112.4

  Process.
• * 113.1

  Poor▪
• * 113.2

  Justices.
• * 113.3

  Certiorari••
• * 113.4

  Ordinary.
• * 113.5

  Enquest.
• * 113.6

  Addition.
• * 113.7

  Sheriffs.
• * 113.8

  Accessory.
• * 113.9

  Justices.
• * 113.10

  Amendment.
• * 113.11

  Days.
• * 113.12

  Amendment.
• * 113.13

  Exposition.
• * 113.14

  Acc. S. Stat.
• * 113.15

  Justices.
• * 113.16

  Sheriffs.
• * 113.17

  Lect.
• * 113.18

  Justices.
• * 113.19

  Justices.
• * 113.20

  Forests.
• * 113.21

  Records.
• * 113.22

  Sheriffs.
• * 113.23

  Justices.
• * 113.24

  Justices.
• * 113.25

  Counsel.
• * 113.26

  Aprovement.
• * 113.27

  Justices.
• * 113.28

  Suggestion.
• * 113.29

  Officer.
• * 113.30

  Constable.
• * 113.31

  Ways.
• * 113.32

  Suggestion.
• * 113.33

  Riot.
• * 113.34

  Tryal.
• * 113.35

  Amerclament.
• * 113.36

  War.
• * 113.37

  Apprentice.
• * 113.38

  Covenant.
• * 113.39

  Poor.
• * 113.40

  Force.
• * 113.41

  Peace.
• * 113.42

  Good beha∣viour.
• * 113.43

  Ideor.
• * 113.44

  Forfeiture.
• * 113.45

  Suggestion.
• * 113.46

  Acc. S. Stat.
• * 113.47

  Information.
• * 113.48

  Addition.
• * 113.49

  Evidence.
• * 113.50

  Suits.
• * 113.51

  Parliament.
• * 113.52

  Enquest.
• * 113.53

  Cattel.
• * 113.54

  Tryals.
• * 113.55

  Evidence.
• * 113.56

  Agreement.
• * 113.57

  Appearance.
• * 113.58

  Cattel.
• * 113.59

  Coron.
• * 113.60

  Maintenance.
• * 113.61

  Pope.
• * 113.62

  Justice.
• * 113.63

  Fees.
• * 113.64

  Bastardy.
• * 113.65

  Commission.
• * 113.66

  Patents:
• * 113.67

  Joynder.
• * 114.1

  Peace.
• * 114.2

  Statutes.
• * 114.3

  Contempt.
• * 114.4

  Coron.
• * 114.5

  Enquest.
• * 114.6

  Enquest.
• * 114.7

  Riot.
• * 114.8

  Intendment. Measures.
• * 114.9

  Officers.
• * 114.10

  Enquest.
• * 114.11

  Endictment.
• * 114.12

  Oyer.
• * 114.13

  Jurisdiction▪
• * 114.14

  Execution.
• * 114.15

  Sheriffs.
• * 114.16

  Records.
• * 114.17

  Peace.
• * 114.18

  Contempt.
• * 114.19

  Jurisdiction.
• * 114.20

  Oath.
• * 114.21

  Process.
• * 114.22

  Statutes.
• * 114.23

  Imprisonment.
• * 114.24

  Enquest.
• * 114.25

  Execution.
• * 114.26

  Commission.
• * 114.27

  Records.
• * 114.28

  Supersedeas.
• * 114.29

  Repealans
• * 114.30

  Repealans.
• * 114.31

  Notice.
• * 114.32

  Abatement.
• * 114.33

  Commissioner.
• * 114.34

  Adjournment.
• * 114.35

  Peace.
• * 114.36

  Next Justice.
• * 114.37

  Supersedeas.
• * 114.38

  Good Behavi∣our.
• * 114.39

  Jurisdiction.
• * 114.40

  Affray.
• * 114.41

  Force.
• * 114.42

  Riot.
• * 114.43

  Imprisonment.
• * 114.44

  Recognizance.
• * 114.45

  Fish.
• * 114.46

  Apprentice.
• * 114.47

  Forest.
• * 114.48

  Games.
• * 114.49

  Ale.
• * 114.50

  Fish.
• * 114.51

  Tiles.
• * 114.52

  War.
• * 114.53

  Pope.
• * 114.54

  Religion.
• * 114.55

  Poor.
• * 114.56

  Inrolement.
• * 114.57

  Wax.
• * 114.58

  Fuel.
• * 114.59

  Poor.
• * 114.60

  Pope.
• * 114.61

  Fowl.
• * 114.62

  Sheriffs.
• * 114.63

  Corn.
• * 114.64

  Imprisonment.
• * 114.65

  Sanctuary.
• * 114.66

  Fresh Suit.
• * 114.67

  Fish.
• * 114.68

  Sewers.
• * 114.69

  Cattle.
• * 114.70

  Pope.
• * 114.71

  Poor.
• * 114.72

  Drapery.
• * 114.73

  Coron.
• * 114.74

  Taxes.
• * 114.75

  Pope.
• * 114.76

  Imprisonment.
• * 114.77

  Games.
• * 114.78

  Imprisonment.
• * 114.79

  Ways.
• * 114.80

  Slander.
• * 114.81

  Poor.
• * 114.82

  Forest.
• * 114.83

  Riot.
• * 114.84

  War.
• * 114.85

  Force.
• * 114.86

  Joynder.
• * 114.87

  Riot.
• * 114.88

  Apprentice.
• * 114.89

  Poor.
• * 114.90

  Apprentice.
• * 114.91

  Drapery.
• * 114.92

  Poor.
• * 114.93

  Ale.
• * 114.94

  Corn.
• * 114.95

  License.
• * 114.96

  Ways.
• * 114.97

  Drapery.
• * 114.98

  Religion.
• * 114.99

  Foul Games.
• * 114.100

  Taxes.
• * 114.101

  Pope.
• * 114.102

  Pope.
• * 114.103

  Pope.
• * 114.104

  Pope.
• * 114.105

  Bail.
• * 114.106

  Joyndre.
• * 114.107

  Ale.
• * 114.108

  Measures. Weights.
• * 114.109

  Sheriffs.
• * 114.110

  Poor.
• * 114.111

  Bastard.
• * 114.112

  Tythes.
• * 114.113

  Tythes.
• * 114.114

  Fresh Suit••
• * 114.115

  Wayes.
• * 114.116

  Poor.
• * 114.117

  Drapery.
• * 114.118

  Admiral.
• * 114.119

  Woods.
• * 114.120

  Amerciaments
• * 114.121

  Poor.
• * 114.122

  Drapery.
• * 114.123

  Poor.
• * 114.124

  Pope.
• * 114.125

  Apparel.
• * 114.126

  Wales.
• * 114.127

  Peace.
• * 114.128

  Purveyors.
• * 114.129

  Ways.
• * 114.130

  Cottages.
• * 114.131

  License.
• * 114.132

  Riot.
• * 114.133

  Apprentice.
• * 114.134

  Pope.
• * 114.135

  Poor ways.
• * 114.136

  Religion.
• * 114.137

  Ways.
• * 114.138

  Imprisonment
• * 114.139

  Sewers.
• * 114.140

  Wales.
• * 114.141

  Forfeiture.
• * 114.142

  Sheriff.
• * 114.143

  Sessions.
• * 114.144

  Indictments.
• * 114.145

  Process.
• * 114.146

  Sessions.
• * 115.1

  Joyndre.
• * 115.2

  Estoppel.
• * 115.3

  Lieu.
• * 115.4

  Process.
• * 115.5

  Amerciament.
• * 115.6

  Ryot.
• * 115.7

  Appearance.
• * 115.8

  Peace.
• * 115.9

  Commission.
• * 115.10

  Record.
• * 115.11

  Recognizance.
• * 115.12

  Records.
• * 115.13

  Appearance.
• * 115.14

  Sheriffs.
• * 115.15

  Ordinary.
• * 115.16

  Inquest.
• * 115.17

  Priviledg.
• * 115.18

  Inquest.
• * 115.19

  Charge.
• * 115.20

  Jurisdiction.
• * 115.21

  Indictment.
• * 115.22

  Sugestion.
• * 115.23

  Information.
• * 115.24

  Process.
• * 115.25

  Certiorari.
• * 115.26

  Certificate.
• * 115.27

  Process.
• * 115.28

  Utlary.
• * 115.29

  Process.
• * 115.30

  Judgment.
• * 115.31

  Proof.
• * 115.32

  Traverse.
• * 115.33

  Sessions.
• * 116.1

  Coron.
• * 116.2

  Process.
• * 116.3

  Dayes.
• * 116.4

  Pleadings.
• * 116.5

  Tryals.
• * 116.6

  Certificate.
• * 116.7

  Judgment.
• * 116.8

  Execution.
• * 116.9

  Amerciaments
• * 116.10

  Fines.
• * 116.11

  Process▪
• * 116.12

  Fee••.
• * 116.13

  Execution.
• * 116.14

  Information.
• * 116.15

  Certiorari.
• * 116.16

  Sessions.
• * 116.17

  Appointment.
• * 116.18

  Execution.
• * 116.19

  Lieu.
• * 116.20

  Days.
• * 116.21

  Sessions.
• * 116.22

  Days.
• * 116.23

  Sessions.
• * 116.24

  Day••
• * 116.25

  Sessions.
• * 116.26

  Days.
• * 116.27

  Sessions.
• * 116.28

  Days.
• * 116.29

  Apprentice.
• * 116.30

  Sessions.
• * 116.31

  Days.
• * 116.32

  Sessions.
• * 116.33

  Pope▪
• * 116.34

  Pope.
• * 116.35

  Maintenance.
• * 116.36

  Cattle.
• * 116.37

  Marker.
• * 116.38

  Ale.
• * 116.39

  Forrest.
• * 116.40

  Forrest.
• * 116.41

  Fowl▪
• * 116.42

  Cattle▪
• * 116.43

  Ways.
• * 116.44

  Husbandry.
• * 116.45

  Information.
• * 116.46

  Oath.
• * 116.47

  Collusion.
• * 116.48

  Woods.
• * 116.49

  Poor.
• * 116.50

  Apprentice.
• * 116.51

  Licences.
• * 116.52

  Corn.
• * 116.53

  Husbandry.
• * 116.54

  Poor.
• * 116.55

  Drapery.
• * 116.56

  Corn.
• * 116.57

  Wayes.
• * 116.58

  License.
• * 116.59

  Drapery.
• * 116.60

  Poor.
• * 116.61

  Wine.
• * 116.62

  Apprentice.
• * 116.63

  Purveyours.
• * 116.64

  Poor.
• * 116.65

  Drapery.
• * 116.66

  Games.
• * 116.67

  Riot.
• * 116.68

  Sheriffs.
• * 116.69

  Pope.
• * 116.70

  Pope.
• * 116.71

  Pope.
• * 116.72

  Oath.
• * 116.73

  Pope.
• * 116.74

  Pope.
• * 116.75

  Commission.
• * 116.76

  Sessions.
• * 116.77

  Measures.
• * 116.78

  Apprentice.
• * 116.79

  Poor.
• * 116.80

  Mettle.
• * 116.81

  Sheriffs.
• * 116.82

  Ways.
• * 116.83

  Sessions.
• * 116.84

  Sessions.
• * 116.85

  Sessions.
• * 116.86

  Process.
• * 117.1

  Indictment.
• * 117.2

  Records.
• * 117.3

  Amendment.
• * 117.4

  Fees.
• * 117.5

  Slander.
• * 117.6

  Maintenance.
• * 117.7

  Drapery.
• * 117.8

  Supersedeas▪
• * 117.9

  Wales.
• * 117.10

  Recognizance.
• * 117.11

  Process.
• * 117.12

  Purveyors.
• * 117.13

  Victualers.
• * 117.14

  Games.
• * 117.15

  Forces.
• * 117.16

  Sessions.
• * 117.17

  Ryot.
• * 117.18

  Force.
• * 117.19

  Apprentice.
• * 117.20

  Measures.
• * 117.21

  Fowl.
• * 117.22

  Leather.
• * 117.23

  Coron.
• * 117.24

  Rejoynder.
• * 117.25

  Tryals.
• * 117.26

  Justices.
• * 117.27

  Indictment.
• * 117.28

  Market overt.
• * 117.29

  Market overt
• * 117.30

  Butchers.
• * 117.31

  Trades.
• * 117.32

  Trades.
• * 117.33

  Tanners.
• * 117.34

  Market overt.
• * 117.35

  Tanners.
• * 117.36

  Deceit.
• * 117.37

  Market overt.
• * 117.38

  Market overt.
• * 117.39

  Tanners.
• * 117.40

  Woods.
• * 117.41

  Curriers.
• * 117.42

  Trades.
• * 117.43

  Days.
• * 117.44

  Shoomakers.
• * 117.45

  Market overt,
• * 117.46

  Search.
• * 117.47

  Collusion.
• * 117.48

  Justices.
• * 117.49

  Sheriffs.
• * 117.50

  Justices.
• * 117.51

  Traverse.
• * 117.52

  Forrest.
• * 117.53

  Fees.
• * 117.54

  Poor.
• * 117.55

  Victuals.
• * 117.56

  Fish.
• * 117.57

  Cattle.
• * 117.58

  Poor.
• * 117.59

  Apprentice.
• * 117.60

  Games.
• * 117.61

  Poor.
• * 117.62

  Fish.
• * 117.63

  Drapery.
• * 117.64

  Pope.
• * 117.65

  Wine.
• * 117.66

  Ale.
• * 117.67

  Sewers.
• * 117.68

  Days.
• * 117.69

  Poor.
• * 117.70

  Forfeiture.
• * 117.71

  Liveries.
• * 117.72

  Conspiracy.
• * 127.1

  Ouster le mere.
• * 127.2

  Victuals.
• * 127.3

  Seisure.
• * 127.4

  Scavage.
• * 127.5

  Officer.
• * 128.1

  Customs.
• * 131.1

  Forestallers.
• * 131.2

  Dayes.
• * 131.3

  Drapery.
• * 131.4

  Process.
• * 131.5

  Execution.
• * 131.6

  Days.
• * 131.7

  Poor.
• * 131.8

  Toll.
• * 135.1

  Bar & Feme.
• * 135.2

  Clergy.
• * 135.3

  Ordinary.
• * 135.4

  Indictment.
• * 137.1

  Wine.
• * 137.2

  Corn.
• * 137.3

  Victuals.
• * 146.1

  Justices.
• * 147.1

  Pope.
• * 147.2

  Information.
• * 147.3

  Peace.
• * 147.4

  Swearing.
• * 148.1

  Constable.
• * 148.2

  Peace.
• * 148.3

  Proof.
• * 148.4

  Imprisonment.
• * 149.1

  Exile.
• * 149.2

  Church-war∣dens.
• * 149.3

  Constable.
• * 149.4

  Justices.
• * 149.5

  Amerciam
• * 149.6

  Treason.
• * 149.7

  Relation.
• * 149.8

  Utlary.
• * 149.9

  Pleading.
• * 149.10

  Non obstante.
• * 149.11

  Various.
• * 149.12

  Attainder.
• * 149.13

  Joinder.
• * 149.14

  Marriage.
• * 149.15

  Bar. & Feme.
• * 149.16

  Peace.
• * 149.17

  Utlary.
• * 149.18

  Pleading.
• * 149.19

  Bail.
• * 149.20

  Oath.
• * 149.21

  Supplicavit.
• * 149.22

  Certiorari.
• * 149.23

  Recognizance.
• * 149.24

  Justices.
• * 149.25

  Conspiracy.
• * 149.26

  Bar. & Fem.
• * 149.27

  Ability.
• * 149.28

  Ideot.
• * 149.29

  Attainder.
• * 149.30

  Alien.
• * 149.31

  Justices.
• * 149.32

  Dignity.
• * 149.33

  Dures.
• * 149.34

  Oath.
• * 149.35

  Process.
• * 151.1

  Process.
• * 151.2

  Officer.
• * 151.3

  Return.
• * 151.4

  Release.
• * 151.5

  Priviledg.
• * 151.6

  Justices.
• * 151.7

  Supersedeas.
• * 151.8

  Supersedeas.
• * 151.9

  Recognizance.
• * 151.10

  Supplicavit.
• * 151.11

  Bail.
• * 151.12

  Recogn.
• * 152.1

  Retorn.
• * 152.2

  Certiorari.
• * 152.3

  Reciting.
• * 152.4

  Joyndre.
• * 152.5

  Retorn.
• * 152.6

  Appearance.
• * 152.7

  Release.
• * 156.1

  Supersedeas.
• * 156.2

  Abatement.
• * 156.3

  Menace.
• * 156.4

  Oath.
• * 156.5

  Affray.
• * 156.6

  Officer.
• * 156.7

  Oath.
• * 156.8

  Justices.
• * 156.9

  Appearance.
• * 156.10

  Supplicavit.
• * 156.11

  Recognizance.
• * 156.12

  Day••.
• * 156.13

  Constable.
• * 156.14

  Joinder.
• * 156.15

  Forfeiture.
• * 156.16

  Ability.
• * 156.17

  Bar. & Feme.
• * 156.18

  Supersedeas.
• * 156.19

  Affray.
• * 156.20

  Justices.
• * 156.21

  Behaviour.
• * 156.22

  Release.
• * 156.23

  Supplicavit.
• * 157.1

  Justices.
• * 157.2

  Ability.
• * 157.3

  Charity.
• * 157.4

  Justices.
• * 157.5

  Good behavior
• * 157.6

  Imprisonment
• * 157.7

  License.
• * 157.8

  Settlement.
• * 157.9

  Religion.
• * 157.10

  Scholars.
• * 157.11

  Ouster le mer.
• * 157.12

  Pasports.
• * 157.13

  Oath.
• * 157.14

  Pain.
• * 157.15

  Appropriation
• * 157.16

  Abbe.
• * 157.17

  Ordinary.
• * 157.18

  Imprisonment
• * 157.19

  Imprisonment
• * 157.20

  Lieu.
• * 157.21

  Charity.
• * 157.22

  Lieu.
• * 157.23

  Scholars.
• * 157.24

  Officers.
• * 157.25

  Leet.
• * 157.26

  Forfeiture.
• * 157.27

  Distress.
• * 157.28

  Women.
• * 157.29

  Alen.
• * 157.30

  Forfeiture.
• * 157.31

  Seisure.
• * 157.32

  Enquest.
• * 157.33

  Exile.
• * 157.34

  Restitution.
• * 157.35

  Seisures.
• * 157.36

  Seisure.
• * 157.37

  Seisure.
• * 157.38

  Restitution.
• * 157.39

  Enquest.
• * 157.40

  Laborors.
• * 157.41

  Contempt.
• * 157.42

  Justices.
• * 157.43

  Records.
• * 157.44

  Seals.
• * 157.45

  License.
• * 157.46

  Seals.
• * 157.47

  Lieu.
• * 157.48

  License.
• * 157.49

  Pain.
• * 157.50

  Imprisonment
• * 157.51

  Lieu.
• * 157.52

  Ability.
• * 157.53

  Pain.
• * 157.54

  Oath.
• * 157.55

  Pasport.
• * 157.56

  Proces.
• * 157.57

  Imprisonment
• * 157.58

  Justices.
• * 157.59

  Constable.
• * 157.60

  Justices.
• * 157.61

  Distress.
• * 157.62

  Americament
• * 157.63

  Fines.
• * 157.64

  Issues.
• * 157.65

  Scholars.
• * 157.66

  Vagrants.
• * 157.67

  Pain.
• * 157.68

  Pain.
• * 157.69

  Franchis.
• * 157.70

  Notice.
• * 157.71

  Charity.
• * 157.72

  Proces.
• * 157.73

  Cin{que} Ports.
• * 157.74

  Cin{que} Ports.
• * 157.75

  Cin{que} Ports.
• * 157.76

  Cin{que} Ports.
• * 157.77

  Seals.
• * 157.78

  License.
• * 157.79

  License.
• * 157.80

  License.
• * 157.81

  License.
• * 157.82

  License.
• * 157.83

  Imprisonment
• * 157.84

  Fees.
• * 157.85

  License.
• * 157.86

  License.
• * 157.87

  Fees.
• * 157.88

  Escape.
• * 157.89

  License.
• * 157.90

  Charity.
• * 157.91

  Abbe.
• * 157.92

  Continuance.
• * 157.93

  Suits.
• * 157.94

  Lieu.
• * 157.95

  Taxes.
• * 157.96

  Constable.
• * 157.97

  Corporation.
• * 157.98

  Sheriffs.
• * 157.99

  Constable.
• * 157.100

  Ability.
• * 157.101

  Corporation.
• * 157.102

  Forfeiture.
• * 157.103

  Lieu.
• * 157.104

  Enfant.
• * 157.105

  Apprentice.
• * 157.106

  Proces.
• * 157.107

  Search.
• * 157.108

  Proces.
• * 157.109

  Games.
• * 157.110

  Encumbant.
• * 157.111

  Pain.
• * 157.112

  Constable.
• * 157.113

  Imprisonment
• * 157.114

  Search.
• * 157.115

  Charity.
• * 157.116

  Taxes.
• * 157.117

  Account.
• * 157.118

  Account.
• * 157.119

  Incumbent.
• * 157.120

  Charity.
• * 157.121

  Constable.
• * 157.122

  Charity.
• * 157.123

  Days.
• * 157.124

  Justices.
• * 157.125

  Continuance.
• * 157.126

  Forfeiture.
• * 157.127

  Charity.
• * 157.128

  Certificat.
• * 157.129

  Church war∣dens.
• * 157.130

  Charity.
• * 157.131

  Constable.
• * 157.132

  Charity.
• * 157.133

  License.
• * 157.134

  Abbe.
• * 157.135

  Abbe.
• * 157.136

  Charity.
• * 157.137

  Mariners.
• * 157.138

  Charity.
• * 157.139

  Laborers.
• * 157.140

  Parliament.
• * 157.141

  Repealance.
• * 157.142

  Ability.
• * 157.143

  Apprentice.
• * 157.144

  Villenage.
• * 157.145

  Villenage.
• * 157.146

  Villenage.
• * 157.147

  Villenage.
• * 157.148

  Villenage.
• * 157.149

  Clergy.
• * 157.150

  Ordinary.
• * 157.151

  Bail.
• * 157.152

  Imprisonment
• * 157.153

  Infant.
• * 157.154

  Infant.
• * 157.155

  Infant.
• * 157.156

  Infant.
• * 157.157

  Infant.
• * 157.158

  Villenage.
• * 157.159

  Villenage.
• * 157.160

  Villenage.
• * 157.161

  Villenage.
• * 157.162

  Apprentice.
• * 157.163

  Justices.
• * 157.164

  Lieu.
• * 157.165

  Certificate.
• * 157.166

  Certificate.
• * 157.167

  Constable.
• * 157.168

  Lieu.
• * 157.169

  Laborer.
• * 157.170

  Corporation.
• * 157.171

  Lieu.
• * 157.172

  Alien.
• * 157.173

  Ability.
• * 157.174

  Trades.
• * 157.175

  Lieu.
• * 157.176

  Forfeiture.
• * 157.177

  Corporation.
• * 157.178

  Settlement.
• * 157.179

  Forfeiture.
• * 157.180

  Ability.
• * 157.181

  Pain.
• * 157.182

  Ability.
• * 157.183

  Days.
• * 157.184

  Apprentice.
• * 157.185

  Villenage.
• * 157.186

  Women.
• * 157.187

  Settlement.
• * 157.188

  Charity.
• * 157.189

  Villenage.
• * 157.190

  Villenage.
• * 157.191

  Notice.
• * 157.192

  Continuance.
• * 157.193

  Commission.
• * 157.194

  Charity.
• * 157.195

  Mortmain.
• * 157.196

  Trades.
• * 157.197

  Villenage.
• * 157.198

  Continuance.
• * 157.199

  Justices.
• * 157.200

  Ability.
• * 157.201

  Pain.
• * 157.202

  Husbandry.
• * 157.203

  Cottages.
• * 157.204

  Continuance.
• * 157.205

  Records.
• * 157.206

  Infant.
• * 157.207

  Justices.
• * 157.208

  Apprentice.
• * 157.209

  Justices.
• * 157.210

  Infant.
• * 157.211

  Fees.
• * 157.212

  Women.
• * 157.213

  Continuance.
• * 157.214

  Assembly.
• * 157.215

  Overseers.
• * 157.216

  Taxes.
• * 157.217

  Charity.
• * 157.218

  Alms.
• * 157.219

  Beggers.
• * 157.220

  Officer.
• * 157.221

  Account
• * 157.222

  Account.
• * 157.223

  Arearges.
• * 157.224

  Account.
• * 157.225

  Charity.
• * 157.226

  Ordinary.
• * 157.227

  Abbe.
• * 157.228

  Franchis.
• * 157.229

  Continuance.
• * 157.230

  Trades.
• * 157.231

  License.
• * 157.232

  Justices.
• * 157.233

  Justices.
• * 157.234

  Continuance.
• * 157.235

  Records.
• * 157.236

  Certificate.
• * 157.237

  License.
• * 157.238

  License.
• * 157.239

  Lieu.
• * 157.240

  Corporation.
• * 157.241

  Corporation.
• * 157.242

  Notice.
• * 157.243

  Continuance.
• * 157.244

  London.
• * 157.245

  Continuance.
• * 157.246

  Forfeiture.
• * 157.247

  Officer.
• * 157.248

  Church war∣dens.
• * 157.249

  Incumbent.
• * 157.250

  Incumbent.
• * 157.251

  Church-war∣dens.
• * 157.252

  Account.
• * 157.253

  Account.
• * 157.254

  Account.
• * 157.255

  Ordinary.
• * 157.256

  Imprisonment
• * 157.257

  Justices.
• * 157.258

  Taxes.
• * 157.259

  Taxes.
• * 157.260

  Certificate.
• * 157.261

  Justices.
• * 157.262

  Continuance.
• * 157.263

  Incumbent.
• * 157.264

  Officer.
• * 157.265

  Charity.
• * 157.266

  Aegyptians.
• * 157.267

  Hospital.
• * 157.268

  Vagabonds.
• * 157.269

  Parliament.
• * 157.270

  Continuance.
• * 157.271

  Nusans.
• * 157.272

  Infant.
• * 157.273

  Imprisonment
• * 157.274

  Corporation.
• * 157.275

  Bail.
• * 157.276

  Constable.
• * 157.277

  Sessions.
• * 157.278

  Execution.
• * 157.279

  Fees.
• * 157.280

  Departure.
• * 157.281

  Bail.
• * 157.282

  Pain.
• * 157.283

  Coron.
• * 157.284

  Forfeiture.
• * 157.285

  Departure.
• * 157.286

  Coron.
• * 157.287

  Vagabond.
• * 157.288

  Attorny.
• * 157.289

  Games.
• * 157.290

  Ability.
• * 157.291

  Games.
• * 157.292

  Laborers.
• * 157.293

  Forgery.
• * 157.294

  Scholars.
• * 157.295

  Mariners.
• * 157.296

  Imprisonment
• * 157.297

  Vagabond.
• * 157.298

  Vagabonds.
• * 157.299

  Cottages.
• * 157.300

  Proces.
• * 157.301

  Accessary.
• * 157.302

  Hospital.
• * 157.303

  Licence.
• * 157.304

  Licence.
• * 157.305

  Licence.
• * 157.306

  Husbandry.
• * 157.307

  Robbery.
• * 157.308

  Apprentice.
• * 157.309

  Licence.
• * 157.310

  Ouster le mers;
• * 157.311

  Infant.
• * 157.312

  Constable.
• * 157.313

  Cottages.
• * 157.314

  Justices.
• * 157.315

  Records.
• * 157.316

  Cottages.
• * 157.317

  Apportion∣ment.
• * 157.318

  Taxe.
• * 157.319

  Record.
• * 157.320

  Officers.
• * 157.321

  Overseers.
• * 157.322

  Officer.
• * 157.323

  London.
• * 157.324

  Lieu.
• * 157.325

  Hospitals.
• * 157.326

  Vagabonds.
• * 157.327

  Pain.
• * 157.328

  Forfeiture.
• * 157.329

  Constable.
• * 157.330

  Justices.
• * 157.331

  Corporation.
• * 157.332

  Account.
• * 157.333

  Account.
• * 157.334

  Imprisonment
• * 157.335

  Taxes.
• * 157.336

  Laborers.
• * 157.337

  Justices.
• * 157.338

  Apprentice.
• * 157.339

  Infant.
• * 157.340

  Forfeiture.
• * 157.341

  Justices.
• * 157.342

  Justices.
• * 157.343

  Alms.
• * 157.344

  Licence.
• * 157.345

  Charity.
• * 157.346

  Lieu.
• * 157.347

  Corporation.
• * 157.348

  Licence.
• * 157.349

  London.
• * 157.350

  Franchis.
• * 157.351

  Charity.
• * 157.352

  Franchis.
• * 157.353

  Ordinary.
• * 157.354

  Ordinary.
• * 157.355

  Account.
• * 157.356

  Account
• * 157.357

  Ouster le mere.
• * 157.358

  Ouster le mere.
• * 157.359

  Seisure.
• * 157.360

  Vagabond.
• * 157.361

  Ireland.
• * 157.362

  Taxes.
• * 157.363

  Justices.
• * 157.364

  Pasport.
• * 157.365

  Licence.
• * 157.366

  Hospital.
• * 157.367

  Justices.
• * 157.368

  Imprisonment
• * 157.369

  Sessions.
• * 157.370

  Church-war∣dens.
• * 157.371

  Constable.
• * 157.372

  Imprisonment
• * 157.373

  Church-war∣dens.
• * 157.374

  Corporation.
• * 157.375

  Justices.
• * 157.376

  Corporation.
• * 157.377

  Hospitals.
• * 157.378

  Games.
• * 157.379

  Continuance.
• * 157.380

  Bail.
• * 157.381

  Account.
• * 157.382

  Pain.
• * 157.383

  Settlement.
• * 157.384

  Pasport.
• * 157.385

  Certificate.
• * 157.386

  Pasport.
• * 157.387

  Justices,
• * 157.388

  Lieu.
• * 157.389

  Lieu.
• * 157.390

  Bar. & Fem.
• * 157.391

  Bar. & Fem.
• * 157.392

  Bar. & Fem.
• * 157.393

  Bar. & Fem.
• * 157.394

  Infant.
• * 157.395

  Trades.
• * 157.396

  Vagrant.
• * 157.397

  Fees.
• * 157.398

  Lieu.
• * 157.399

  Lieu.
• * 157.400

  Pasport.
• * 157.401

  Officer.
• * 157.402

  Begging.
• * 157.403

  Parents.
• * 157.404

  Child.
• * 157.405

  Parson.
• * 157.406

  Estates.
• * 157.407

  Church-war∣dens.
• * 157.408

  Taxes.
• * 157.409

  Taxes.
• * 157.410

  Justices.
• * 157.411

  Overseers.
• * 157.412

  Taxes.
• * 157.413

  Plague.
• * 157.414

  Certificate.
• * 157.415

  Ordinary.
• * 157.416

  Justices.
• * 157.417

  Imprisonment
• * 157.418

  Cottages.
• * 157.419

  Cottages.
• * 157.420

  Sessions.
• * 157.421

  Infant.
• * 157.422

  Cottages.
• * 157.423

  Sessions.
• * 157.424

  Account.
• * 157.425

  Constable.
• * 157.426

  Officer.
• * 157.427

  Apprentice.
• * 157.428

  Plague.
• * 157.429

  Plague.
• * 157.430

  Fees.
• * 157.431

  Bastardy.
• * 157.432

  Apprentice.
• * 157.433

  Imprisonment
• * 157.434

  Recognizance
• * 157.435

  Licence.
• * 157.436

  Justices.
• * 157.437

  Licence.
• * 157.438

  Games.
• * 157.439

  Constable.
• * 157.440

  Imprisonment
• * 157.441

  Goodbehavior
• * 157.442

  Licence.
• * 157.443

  Pasport.
• * 157.444

  Forfeiture.
• * 157.445

  Justices.
• * 157.446

  Laborers.
• * 157.447

  Aegyptians.
• * 157.448

  Exile.
• * 157.449

  Lieu.
• * 157.450

  Warr.
• * 157.451

  Infant.
• * 157.452

  Pasport.
• * 157.453

  Games.
• * 157.454

  Taxes.
• * 157.455

  Plague.
• * 157.456

  Cottages.
• * 157.457

  Taxes.
• * 157.458

  Sessions.
• * 157.459

  Imprisonment
• * 157.460

  Sessions.
• * 157.461

  Overseers.
• * 157.462

  Clergy.
• * 157.463

  Games.
• * 157.464

  Trades.
• * 157.465

  Pain.
• * 157.466

  Beggers.
• * 157.467

  Constable.
• * 157.468

  Continuance.
• * 157.469

  Taxes.
• * 157.470

  Justices.
• * 157.471

  Justices.
• * 157.472

  Account
• * 159.1

  Overseers.
• * 159.2

  Apprentice.
• * 159.3

  Apprentice.
• * 159.4

  Estates.
• * 159.5

  Taxes.
• * 159.6

  Apprentices.
• * 159.7

  Apprentice.
• * 159.8

  Fines.
• * 159.9

  Apprentice.
• * 160.1

  Process.
• * 161.1

  Account.
• * 161.2

  Settlement.
• * 161.3

  Infant.
• * 161.4

  Women.
• * 161.5

  Lieu.
• * 161.6

  Justices.
• * 161.7

  Bar. & Fem.
• * 161.8

  Bastardy.
• * 161.9

  Imprisonment
• * 161.10

  Lieu.
• * 162.1

  Lieu.
• * 163.1

  Husbandry.
• * 164.1

  Lieu.
• * 165.1

  Bar. & Fem.
• * 166.1

  Pain.
• * 166.2

  Trades.
• * 166.3

  Taxes.
• * 166.4

  Taxes.
• * 167.1

  Imprisonment
• * 168.1

  Relief.
• * 168.2

  Licence.
• * 168.3

  Relief.
• * 168.4

  Relief.
• * 169.1

  Taxes.
• * 171.1

  Indictment.
• * 172.1

  Fresh suits
• * 173.1

  Fresh suit.
• * 174.1

  Process.
• * 174.2

  Fresh suit.
• * 175.1

  Licence.
• * 176.1

  Licence.
• * 177.1

  Imprisonment
• * 178.1

  Imprisonment
• * 179.1

  Imprisonment
• * 180.1

  Warr.
• * 181.1

  Licence.
• * 182.1

  Lieu.
• * 183.1

  Forfeiture.
• * 184.1

  Distress.
• * 185.1

  Certificate.
• * 186.1

  Forfeiture.
• * 187.1

  Process.
• * 188.1

  Imprisonment
• * 189.1

  Bar. & Fem.
• * 190.1

  Apprentice.
• * 190.2

  Trades.
• * 190.3

  Bastard.
• * 190.4

  Bar. & Fem.
• * 190.5

  Bastard.
• * 190.6

  Bar. & Fem.
• * 190.7

  Settlement.
• * 190.8

  Bar. & Fem.
• * 190.9

  Infant.
• * 190.10

  Taxes.
• * 190.11

  Taxes.
• * 190.12

  Settlement.
• * 190.13

  Apprentice.
• * 190.14

  Mony.
• * 190.15

  Estates.
• * 190.16

  Apprentice.
• * 190.17

  Lieu.
• * 190.18

  Process.
• * 190.19

  Bail.
• * 190.20

  America∣ments.
• * 190.21

  Justices.
• * 190.22

  Ale.
• * 190.23

  Constable.
• * 190.24

  Settlement.
• * 190.25

  Bastard.
• * 190.26

  Taxes.
• * 190.27

  Certiorari.
• * 190.28

  Days.
• * 190.29

  Husbandry.
• * 190.30

  Taxes.
• * 190.31

  Estates.
• * 190.32

  Taxes.
• * 190.33

  Taxes.
• * 190.34

  Women.
• * 190.35

  Settlement.
• * 190.36

  Bar. & Fem.
• * 190.37

  Apprentice.
• * 190.38

  Settlement.
• * 190.39

  Rogues.
• * 190.40

  Justices.
• * 190.41

  Constable.
• * 190.42

  Constable.
• * 190.43

  Constable.
• * 190.44

  Settlement.
• * 190.45

  Taxes.
• * 190.46

  Cottages.
• * 190.47

  Taxes.
• * 190.48

  Constables.
• * 190.49

  Ale.
• * 190.50

  Constable.
• * 190.51

  Indictment.
• * 191.1

  Trades.
• * 192.1

  Cottages.
• * 193.1

  Commission.
• * 194.1

  Quaere de omnibus & singulis.
• * 194.2

  Alien.
• * 196.1

  Days.
• * 196.2

  Process.
• * 196.3

  Dignity.
• * 196.4

  Treason.
• * 196.5

  Oath.
• * 196.6

  Justices.
• * 196.7

  Sessions.
• * 196.8

  Religion.
• * 196.9

  Indictment.
• * 196.10

  Bar. & Fem.
• * 196.11

  Religion.
• * 196.12

  Indictment.
• * 196.13

  Bar. & Fem.
• * 196.14

  Alien.
• * 196.15

  Averrment.
• * 196.16

  Justices.
• * 196.17

  Days.
• * 196.18

  Indictment.
• * 196.19

  Certificate.
• * 196.20

  Inquest.
• * 196.21

  Previledges.
• * 196.22

  Intendment.
• * 196.23

  Justices.
• * 196.24

  Justices.
• * 196.25

  Certificate.
• * 196.26

  Infant.
• * 196.27

  Lieu.
• * 196.28

  Proof.
• * 196.29

  Good-beha∣vior.
• * 196.30

  Scholars.
• * 196.31

  Justices.
• * 196.32

  Justices.
• * 196.33

  Indictment.
• * 196.34

  Bar. & Fem.
• * 196.35

  Treason.
• * 196.36

  Certificate.
• * 196.37

  Alien.
• * 196.38

  Process.
• * 196.39

  Process.
• * 196.40

  Religion.
• * 196.41

  Process.
• * 196.42

  Oath.
• * 196.43

  Conformity.
• * 196.44

  Church.
• * 196.45

  Forfeitures.
• * 196.46

  Days.
• * 196.47

  Parliament.
• * 196.48

  Days.
• * 196.49

  Exile.
• * 196.50

  Examinant.
• * 196.51

  Process.
• * 196.52

  Constable.
• * 196.53

  Submission.
• * 196.54

  Jurisdiction.
• * 196.55

  Certificate.
• * 196.56

  Justices.
• * 196.57

  Constable.
• * 196.58

  Indictment.
• * 196.59

  Appearance.
• * 196.60

  Imprisonment.
• * 196.61

  Justices.
• * 196.62

  Oath.
• * 196.63

  Error.
• * 196.64

  Indictment.
• * 196.65

  Oath.
• * 196.66

  Proof.
• * 196.67

  Justices.
• * 196.68

  Licence.
• * 196.69

  Justices.
• * 196.70

  Licence.
• * 196.71

  Indictment.
• * 196.72

  Justices.
• * 196.73

  Licence.
• * 196.74

  Oath.
• * 196.75

  Justices.
• * 196.76

  Books.
• * 196.77

  Ware.
• * 196.78

  Justices.
• * 196.79

  Imprisonment.
• * 196.80

  Lieu.
• * 196.81

  Oath. 7 Jac. 6. of Al∣legiance.
• * 196.82

  Justices.
• * 196.83

  Oath.
• * 196.84

  Endictment.
• * 196.85

  Intendment.
• * 196.86

  Justices.
• * 196.87

  Lieu.
• * 196.88

  Oath.
• * 196.89

  Justices.
• * 196.90

  Justices.
• * 196.91

  Coron.
• * 196.92

  Religion.
• * 196.93

  Oath.
• * 196.94

  Lieu.
• * 196.95

  Submission.
• * 196.96

  Religion.
• * 196.97

  Justices.
• * 196.98

  Notice.
• * 196.99

  Forfeiture.
• * 196.100

  Oath.
• * 196.101

  Justices.
• * 196.102

  Process.
• * 196.103

  Bail.
• * 196.104

  Justices.
• * 196.105

  Rome▪
• * 196.106

  Oath.
• * 196.107

  Treason.
• * 196.108

  Certification.
• * 196.109

  Certificate.
• * 196.110

  Religion.
• * 196.111

  Justices.
• * 196.112

  Abjuration.
• * 196.113

  Oath.
• * 196.114

  Justices.
• * 196.115

  Amerciament.
• * 196.116

  Encumbent.
• * 196.117

  Forfeiture.
• * 196.118

  Church.
• * 196.119

  Baron & Feme
• * 196.120

  Books.
• * 196.121

  Fish.
• * 196.122

  Jesuits.
• * 196.123

  Ac••••ssory.
• * 196.124

  Indictment.
• * 196.125

  Averment.
• * 196.126

  Rome.
• * 196.127

  Good behavi∣our.
• * 196.128

  Certificate.
• * 196.129

  Endictment.
• * 196.130

  Accessory.
• * 196.131

  Church.
• * 196.132

  Oath.
• * 196.133

  Submission.
• * 196.134

  Religion.
• * 196.135

  Licence.
• * 196.136

  Rome.
• * 196.137

  Rome.
• * 196.138

  Jesuit.
• * 197.1

  Religion.
• * 198.1

  Certificate.
• * 199.1

  Religion.
• * 200.1

  Religion.
• * 201.1

  Apprentice.
• * 202.1

  Deeds.
• * 202.2

  Joindre.
• * 202.3

  Sheriffs.
• * 202.4

  Deputy.
• * 202.5

  Monstr.
• * 202.6

  Retorn.
• * 202.7

  Notice.
• * 202.8

  Officer.
• * 202.9

  Lieu.
• * 202.10

  Justifie.
• * 202.11

  Arrest.
• * 202.12

  Riot.
• * 202.13

  Justices.
• * 202.14

  Indictment.
• * 202.15

  Commission.
• * 202.16

  Nosme.
• * 202.17

  Abatement.
• * 202.18

  Sheriffs.
• * 202.19

  Utlary.
• * 202.20

  Utlary.
• * 202.21

  Ways.
• * 202.22

  Maintenances.
• * 202.23

  Apprentice.
• * 202.24

  Ale.
• * 202.25

  Lieu.
• * 202.26

  Lieu.
• * 202.27

  Lieu.
• * 202.28

  Nosme.
• * 202.29

  Supersedeas:
• * 202.30

  Endictment.
• * 202.31

  Lieu.
• * 202.32

  Information.
• * 202.33

  Supplicavit.
• * 202.34

  Certiorari.
• * 202.35

  Market overt.
• * 202.36

  Arrest▪
• * 202.37

  Justices.
• * 202.38

  Oath.
• * 202.39

  Trial.
• * 202.40

  Pleading.
• * 202.41

  Officer.
• * 202.42

  Commission.
• * 202.43

  Notice.
• * 202.44

  Monstrance.
• * 202.45

  Place.
• * 202.46

  Riot.
• * 202.47

  Arrest.
• * 202.48

  Appearance.
• * 202.49

  Contempt.
• * 202.50

  Jurisdiction.
• * 202.51

  Accessory.
• * 202.52

  Appearance.
• * 202.53

  Market overt.
• * 202.54

  Maintenance.
• * 202.55

  Justices.
• * 202.56

  Franchise.
• * 202.57

  Hostler.
• * 202.58

  Sheriff.
• * 202.59

  Market evert.
• * 202.60

  War.
• * 202.61

  Measures.
• * 202.62

  Ftsh.
• * 202.63

  Officer.
• * 202.64

  Husbandry.
• * 202.65

  Capias.
• * 203.1

  Alias.
• * 203.2

  Pluries.
• * 203.3

  Exigint.
• * 204.1

  Dayes.
• * 204.2

  Monstr.
• * 204.3

  Laches.
• * 204.4

  Suggestion
• * 204.5

  Indictment
• * 204.6

  Officer.
• * 204.7

  Notice.
• * 204.8

  Examination.
• * 204.9

  Arrest.
• * 204.10

  Dignity.
• * 204.11

  Venire Fac.
• * 205.1

  Distress.
• * 206.1

  J••••tices.
• * 206.2

  Imprisonment.
• * 206.3

  Examination.
• * 206.4

  Oath.
• * 206.5

  Recogn. 9.
• * 206.6

  Records.
• * 206.7

  Evidence.
• * 206.8

  Certification.
• * 206.9

  Recognizance.
• * 206.10

  Evidences.
• * 206.11

  Imprisonment.
• * 206.12

  Justices.
• * 206.13

  Examination.
• * 206.14

  Coron.
• * 206.15

  Certificate.
• * 206.16

  Trial.
• * 206.17

  Pope.
• * 206.18

  ••ar. & F••••••▪
• * 206.19

  Testimony.
• * 206.20

  Imprisonment.
• * 206.21

  Testimony.
• * 206.22

  Restitution.
• * 214.1

  Pledges.
• * 214.2

  Bail.
• * 214.3

  Records.
• * 214.4

  Obligation.
• * 214.5

  Peace.
• * 214.6

  Dayes.
• * 214.7

  Records.
• * 214.8

  Appearance.
• * 216.1

  Supplicavit.
• * 216.2

  Release.
• * 216.3

  Records.
• * 216.4

  Appearance.
• * 216.5

  Abatement.
• * 216.6

  Forfeiture.
• * 216.7

  Good behaviour.
• * 217.1

  Release.
• * 217.2

  Obligation.
• * 217.3

  Coron.
• * 218.1

  〈◊〉〈◊〉.
• * 218.2

  Bailmen••.
• * 218.3

  Justices.
• * 218.4

  Games.
• * 218.5

  Sepersedeas.
• * 218.6

  Ale.
• * 218.7

  Variance.
• * 218.8

  Bastardy.
• * 218.9

  Process.
• * 218.10

  Constable.
• * 218.11

  Sheriffs.
• * 218.12

  Cattle.
• * 218.13

  Poor.
• * 218.14

  Fowl.
• * 218.15

  Peace.
• * 218.16

  Justices.
• * 218.17

  Tythes.
• * 218.18

  Apprentice.
• * 218.19

  Coron.
• * 218.20

  Slander.
• * 218.21

  Obligation.
• * 218.22

  Certiorari.
• * 218.23

  Release.
• * 218.24

  Appearance.
• * 218.25

  Bar. & sem.
• * 218.26

  Religion.
• * 218.27

  Recognizance.
• * 218.28

  Church.
• * 218.29

  Ecclesiastical Persons.
• * 218.30

  Process.
• * 218.31

  Slander.
• * 218.32

  Justices.
• * 218.33

  Sessions.
• * 218.34

  Process.
• * 218.35

  Church.
• * 218.36

  Encumbent.
• * 218.37

  Slander.
• * 218.38

  Ecclesiastical. Persons.
• * 218.39

  Process.
• * 218.40

  Amerciament.
• * 218.41

  Encumbent.
• * 218.42

  Pope.
• * 218.43

  Church.
• * 218.44

  Process.
• * 218.45

  Church.
• * 218.46

  Scholars.
• * 218.47

  Endictment.
• * 218.48

  Pope.
• * 218.49

  Church.
• * 219.1

  Scholars.
• * 219.2

  Pope.
• * 220.1

  Endictment.
• * 220.2

  Sessions.
• * 220.3

  Good-behavi∣our.
• * 220.4

  Process.
• * 220.5

  Bail.
• * 220.6

  Church.
• * 221.1

  Forfeiture.
• * 222.1

  Imprisonment.
• * 223.1

  Encumbent.
• * 224.1

  Encumbent.
• * 225.1

  Church.
• * 227.1

  Church.
• * 227.2

  Forfeiture.
• * 228.1

  Proof.
• * 230.1

  Certificate.
• * 230.2

  Church.
• * 231.1

  Forfeiture.
• * 232.1

  Religion.
• * 232.2

  Forfeiture.
• * 233.1

  Bar & Feme.
• * 233.2

  ••fficer.
• * 233.3

  Record.
• * 234.1

  Imprisonment.
• * 235.1

  Imprisonment.
• * 236.1

  Imprisonment.
• * 238.1

  Record.
• * 239.1

  Imprisonment.
• * 240.1

  Quakers.
• * 241.1

  Escape.
• * 242.1

  Escape.
• * 243.1

  Dignity.
• * 244.1

  Imprisonment.
• * 245.1

  Church.
• * 249.1

  Affray.
• * 249.2

  Justices.
• * 249.3

  Record.
• * 250.1

  Imprisonment.
• * 250.2

  Enquest.
• * 250.3

  Certificate.
• * 252.1

  Imprisonment.
• * 252.2

  Traverse.
• * 253.1

  Endictment.
• * 253.2

  Assemblies.
• * 253.3

  Justices.
• * 253.4

  Exchequer.
• * 267.1

  Ability.
• * 280.1

  Poor.
• * 283.1

  Justices.
• * 283.2

  Justices.
• * 283.3

  Bridges.
• * 283.4

  Nusans.
• * 283.5

  Constables.
• * 283.6

  Bridges.
• * 283.7

  Overseers.
• * 283.8

  T••xes.
• * 283.9

  Words.
• * 283.10

  Forfeiture.
• * 283.11

  Justices.
• * 283.12

  Process.
• * 283.13

  Justices.
• * 283.14

  Reparation.
• * 284.1

  Laborers.
• * 285.1

  Laborers.
• * 285.2

  Reparation.
• * 286.1

  Reparation.
• * 287.1

  Nusance.
• * 288.1

  Officers.
• * 289.1

  Taxes.
• * 290.1

  Laborers.
• * 291.1

  Laborers.
• * 292.1

  Common.
• * 293.1

  Dammages.
• * 294.1

  Account.
• * 295.1

  Account.
• * 296.1

  Approvement.
• * 297.1

  Reparation.
• * 298.1

  Approvement.
• * 298.2

  Reparation.
• * 298.3

  Taxes.
• * 298.4

  Taxes.
• * 298.5

  Taxes.
• * 299.1

  Taxes.
• * 300.1

  Charity.
• * 300.2

  Reparation.
• * 300.3

  Guns.
• * 303.1

  Poor.
• * 303.2

  Justices.
• * 303.3

  Guns.