THE
PARTICULAR
CLAUSES
OF
STATUTES
OF
THE
Order
and
Introduction
of
the
Power
of
keeping
the
PEACE
.
Statuta
H.
3.
Leet
.
THE
View
of
Frank-pledges
shall
be
so
done
that
our
Peace
may
be
kept
.
Crompt
J.
p.
7.
9
H.
3.
35.
§
1.
N.
4.
Distress
.
And
if
one
Neighbour
do
so
to
another
(
viz.
drive
distress
out
of
the
County
)
of
his
own
Authority
and
without
Iudgment
,
he
shall
make
Fine
,
52
H.
3.
4.
§
1.
N.
2.
&c.
As
for
a
thing
done
against
the
Peace
.
Statuta
Ed.
1.
Justice
.
FIrst
the
King
willeth
and
Commandeth
that
the
Peace
of
holy
Church
and
of
the
Land
be
well
kept
and
maintained
in
all
points
,
3
Ed.
1.
1.
and
that
common
right
be
done
to
all
as
well
poor
as
rich
without
respect
of
persons
.
Able
.
And
they
that
have
done
the
trespass
(
viz.
lodged
in
Religious
Houses
)
shall
be
likwise
punished
&c.
and
if
none
will
sue
,
§
1.
N.
11.
the
King
will
have
the
suit
as
for
thing
Committed
against
his
Commandment
and
against
his
Peace
.
Election
.
The
King
Commandeth
upon
great
Forfeiture
that
no
man
by
force
of
Armes
,
Cap.
5.
nor
by
malice
or
menaceing
shall
disturbe
any
to
make
free
Election
.
Fresh
suit
.
And
forasmuch
as
the
Peace
of
this
realme
hath
been
evil
observed
heretofore
for
lack
of
Quick
and
fresh
suit
making
after
Felons
in
due
manner
,
Cap.
9.
and
namely
because
of
Franchises
where
Felons
are
received
&c.
Bail
.
It
is
provided
,
&c.
that
such
Prisoners
as
before
were
outlawed
,
Ca.
15.
§
1.
N.
3.
and
they
which
have
abjured
the
Realm
,
Provers
and
such
as
be
taken
with
the
manner
,
and
those
which
have
broken
the
Kings
Prison
,
Theeves
openly
defamed
,
and
known
,
and
such
as
be
appealed
by
Provers
so
long
as
the
Provers
be
living
,
if
they
be
not
of
good
fame
,
and
such
as
be
taken
for
House
breaking
Feloniously
done
,
or
for
false
mony
,
or
for
Counterfeiting
the
Kings
Seal
,
or
Persons
Excommunicate
taken
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
.
§
1.
N.
4.
Bail
.
But
such
as
be
Indicted
of
Larcency
by
Enquests
taken
before
Sheriffs
or
Baylifs
by
their
office
or
of
light
suspition
,
or
for
pety
Larceny
that
amounteth
not
above
the
value
of
twelve
pence
,
if
they
were
not
guilty
of
some
other
Larceny
aforetime
,
or
guilty
of
receit
of
Felons
,
or
of
Commandment
,
or
Force
,
or
of
ayd
in
Felony
done
,
or
guilty
of
some
other
Trespass
for
which
one
ought
not
to
lose
Life
or
Member
:
and
a
man
appealed
by
a
Prover
after
the
death
of
the
Prover
(
if
he
be
no
common
Theif
,
nor
defamed
)
shall
from
henceforth
be
let
out
,
by
sufficient
Surety
,
whereof
the
Sheriff
will
be
Answerable
,
and
that
without
giving
ought
of
their
Goods
.
Cap.
18.
Forasmuch
as
the
Common
Fine
and
Amercement
of
the
whole
County
in
Eyr
of
the
Iustices
for
false
Iudgments
or
other
Trespas
is
unjustly
Assest
by
Sheriffs
,
and
Barretors
in
the
Shires
,
Amercement
.
so
that
the
sum
is
many
times
increased
,
and
the
Parcels
otherwise
Assessed
then
they
ought
to
be
,
to
the
Damage
of
the
People
,
which
be
many
times
payed
to
the
Sheriffs
and
Barretors
that
cannot
acquit
them
&c.
Cap.
33.
(
32.
)
It
is
Provided
,
that
no
Sheriff
shall
suffer
any
Barretors
,
Peace
.
or
Maintainers
of
Quarrels
in
the
Shire
,
neither
Stewards
of
great
Lords
,
nor
others
(
unless
he
be
the
Attorney
for
his
Lord
)
to
make
Suit
,
or
to
give
Iudgments
in
the
Counties
,
nor
to
pronounce
the
Iudgments
,
if
he
be
not
specially
required
and
prayed
,
of
all
the
Suitors
,
and
Attorneys
of
the
Suitors
which
shall
be
at
the
Court.
4
E.
1.
St.
2.
p.
28.
§
1.
N.
3.
de
off
.
Coronat
.
A
Coroner
also
ought
to
enquire
of
Treasure
that
is
found
,
Coron.
who
were
the
Finders
,
and
likewise
who
is
suspected
thereof
,
and
that
it
may
be
well
perceived
where
one
liveth
Riotously
,
haunting
of
Taverns
,
and
hath
done
so
of
long
time
;
hereupon
he
may
be
Attatched
for
this
Suspition
,
by
four
,
or
six
,
or
more
Pledges
if
he
may
be
found
.
7
E.
1.
p.
33.
Of
Armour
.
And
now
in
our
next
Parliament
at
Westminster
,
after
the
said
Treaties
,
War
.
viz.
Vpon
Sundry
Debates
,
had
between
us
and
certain
great
men
of
our
Realm
,
the
Prelates
,
Earls
,
Barons
,
and
the
Commonalty
of
our
Realm
there
Assembled
to
take
advice
of
this
Business
,
have
said
,
that
to
us
it
belongeth
,
and
our
part
,
is
through
our
Royal
Seigniory
straitly
to
defend
force
of
Armour
and
all
other
force
against
our
Peace
at
all
times
when
it
shall
please
us
to
Punish
them
which
shall
do
contrary
,
according
to
our
Laws
and
Vsages
of
our
Realm
.
§
1.
N.
3.
And
hereunto
they
are
bound
to
ayd
us
as
their
Soveraign
Lord
,
Parliament
.
at
all
Seasons
when
need
shall
be
.
13
E.
1.
C.
34.
(
35
)
§
1.
N.
2.
And
likewise
where
a
man
Ravisheth
a
woman
,
Married
,
Lady
,
Women
.
Damosel
,
or
other
with
force
,
although
she
Consent
after
,
he
shall
have
such
Iudgment
(
viz.
of
Life
and
Member
)
if
he
be
Attainted
at
the
Kings
Suit
,
and
there
the
King
shall
have
the
Suit
.
C.
39.
(
10
)
§
1.
N.
25.
And
if
they
(
viz.
)
whom
the
Sheriff
returns
Resisters
of
Process
&c.
be
Convict
of
such
Resistance
,
they
shall
be
punished
at
the
Kings
Pleasure
,
Process
.
neither
shall
any
Officer
of
the
Kings
meddle
in
Assigning
the
Punishment
;
for
our
Lord
the
King
hath
reserved
it
specially
to
himself
,
because
that
Resisters
have
been
reputed
Disturbers
of
his
Peace
,
and
of
his
Realm
.
13
E.
1.
St.
2
Cap.
(2)
4.
§
1
N.
4.
And
if
they
(
viz.
the
Watch
)
do
find
any
that
have
Lodged
,
Watch.
or
received
any
Strangrs
,
or
Suspicious
Person
against
the
Peace
,
the
Bayliffs
(
viz.
of
the
Tow
)
shall
do
right
therein
.
C.
6.
§
1.
N.
1
And
further
it
is
Commanded
,
that
every
Man
have
in
his
house
,
War
.
Armor
for
to
keep
the
Peace
after
the
Antient
Assise
.
§
1.
N.
12.
And
the
Constables
aforesaid
,
shall
present
before
Iustices
Assigned
,
Constable
.
such
defaults
as
they
do
see
in
the
County
about
Armour
,
and
of
the
Suits
of
Towns
,
and
of
High-ways
;
and
also
shall
Present
all
such
as
do
Lodge
Strangers
in
Vplandish
Towns
,
for
whom
they
will
not
Answer
.
Statuta
Ed.
2.
33
E.
1.
St.
2.
p.
69.
§
1.
N.
8.
Of
Conspirators
.
AND
it
was
further
Ordained
,
that
Iustices
Assigned
,
viz.
by
13
Ed.
1.
Justices
.
St.
1.
(
2.
Cap.
29.
(
30.
)
to
the
hearing
and
determining
,
of
Felonies
and
Trespasses
,
should
have
the
transcript
hereof
(
viz.
of
this
Statute
of
Conspirators
.
)
34
E.
1.
St.
2.
p.
71.
§
1.
N.
11.
Articles
on
Winch.
(
Viz.
)
To
enquire
of
all
between
the
age
of
fifteen
and
forty
,
be
sworn
to
keep
the
Peace
.
Oath
.
War
.
Also
if
they
have
Weapons
in
their
houses
according
to
the
Quantity
of
their
Lands
and
Goods
,
for
maintenance
of
the
Peace
,
§
1.
N.
12.
according
to
the
Statute
(
viz.
)
13
Ed.
1.
Stat.
2.
Cap.
5.
(
6.
)
Wine
.
(
viz.
)
Shall
enquire
upon
Oath
of
such
as
continually
haunt
Taverns
,
18
E.
2.
p.
84.
§
28.
Fr.
Pledg
.
and
no
man
knoweth
whereon
they
do
Live
.
Poor
.
Of
such
as
Sleep
by
day
,
and
Watch
by
night
,
and
fare
well
,
§
29.
and
have
nothing
.
Statuta
Ed.
3.
Justices
.
ITem
,
For
the
better
keeping
,
and
maintaining
of
the
Peace
;
1
E.
3.
St.
2.
C.
16.
§
1.
N.
2.
The
King
will
that
in
every
County
,
Good
men
and
Lawful
,
which
be
no
Maintainers
of
Evil
,
or
Barraters
in
the
County
,
shall
be
Assigned
to
keep
the
Peace
.
(
18
H.
6.
Cap.
11.
)
Justices
.
And
that
the
Oyers
and
Terminers
shall
not
be
granted
,
2
E.
3.
C.
2.
§
1.
N.
6.
Northampton
.
but
before
Iustices
of
the
one
Bench
or
the
other
,
or
the
Iustices
Errant
,
and
that
for
great
hurt
,
or
horrible
Trespasses
,
and
of
the
Kings
special
Grace
after
the
form
of
the
Statute
thereof
ordained
in
the
time
of
the
said
Grandfather
,
(
viz.
13
Ed.
1.
West
.
2.
Cap.
29.
(
30.
)
and
none
otherwise
.
Riot
.
Item
,
It
is
Enacted
that
no
man
,
great
or
small
,
Cap.
3.
of
what
Condition
soever
he
be
(
except
the
Kings
Servants
in
his
Presence
,
and
his
Ministers
in
Executing
of
the
Kings
Precepts
,
or
of
their
Office
)
and
such
as
be
in
their
Company
Assisting
them
.
And
also
upon
a
Cry
made
for
Arms
to
keep
the
Peace
,
and
the
same
in
such
places
where
such
Acts
happen
)
be
so
hardy
to
come
before
the
Kings
Iustices
,
or
other
of
the
Kings
Ministers
during
their
Office
,
with
Force
and
Arms.
(
2
R.
2.
Cap.
7.
)
Force
.
Market
Overt
.
Nor
bring
no
Force
in
a
fray
of
Peace
.
§
1.
N.
2.
Nor
to
go
,
nor
ride
Armed
,
by
night
nor
by
day
,
in
Fairs
,
Markets
,
§
1.
N.
3.
nor
in
the
Presence
of
the
Iustices
or
other
Ministers
;
nor
in
no
part
elsewhere
,
upon
pain
to
forfeit
their
Armor
to
the
King
,
and
their
Bodies
to
Prison
at
the
Kings
Pleasure
.
Offices
.
And
that
the
Kings
Iustices
in
their
Presence
,
Sheriffs
,
§
1.
N.
4.
and
other
Ministers
,
in
their
Bailywicks
,
Lords
of
Franchises
and
their
Bayliffs
in
the
same
,
and
Mayors
and
Bayliffs
,
of
Cities
and
Burroughs
,
within
the
same
Cities
and
Burroughs
,
and
Burrough-holders
,
Constables
and
Wardens
of
the
Peace
within
their
Wards
,
shall
have
Power
to
Execute
this
Act.
Justices
.
And
that
the
Iustices
Assigned
,
at
their
coming
down
into
the
Country
,
§
1.
N.
5.
shall
have
Power
to
enquire
,
how
such
Officers
and
Lords
,
have
Executed
their
Offices
in
this
Case
,
and
to
punish
them
whom
they
find
that
have
not
done
that
which
pertained
to
their
Office
.
Peace
.
Item
,
As
to
the
keeping
of
the
Peace
in
time
to
come
,
Cap.
6.
it
is
Ordained
and
Enacted
,
that
the
Statutes
made
in
times
past
,
with
the
Statutes
of
Winchester
,
(
viz.
)
13
,
Ed.
1.
St.
2.
Cap.
1.
&c.
Shall
be
observed
and
kept
in
every
point
.
Prerog
.
And
where
it
is
Contained
in
the
end
of
the
said
Statute
of
Winchester
,
§
1.
N.
2.
(
viz.
13.
Ed.
1
St.
2.
(
3.
Cap.
6.
§
1.
N.
15.
)
That
the
Iustices
Assigned
shall
have
Power
to
Enquire
of
Defaults
,
and
to
report
to
the
King
in
his
Parliament
,
and
the
King
to
Remedy
it
,
which
no
man
hath
yet
seen
;
the
same
Iustices
shall
have
Power
,
to
punish
the
Disobeyers
and
Resisters
.
Justices
.
Item
,
It
is
Ordained
,
that
good
and
discreet
Persons
,
4
E.
3.
Cap.
2.
other
than
of
the
Places
,
if
they
may
be
found
sufficient
,
shall
be
Assigned
in
all
the
Shires
of
England
,
to
take
Assizes
,
Iuries
,
and
Certifications
,
and
to
deliver
the
Goods
.
Days
.
And
that
the
said
Iustices
shall
take
the
Assizes
,
§
1.
N.
2.
Iuries
and
Certifications
,
and
deliver
the
Goods
at
the
least
,
three
times
a
year
,
and
more
often
if
need
be
.
Peace
.
Also
there
shall
be
Assigned
,
§
1.
N.
3
Good
and
Lawful
men
in
every
County
to
keep
the
Peace
.
Indictments
And
at
the
time
of
the
Assignments
mention
shall
be
made
,
§
1.
N.
4.
that
such
as
shall
be
Indicted
or
taken
by
the
said
Keepers
of
the
Peace
,
shall
not
be
let
to
mainprise
by
the
Sheriffs
,
nor
by
none
other
Ministers
,
if
they
be
not
mainprisable
by
the
Law
.
§
1.
N.
5.
Nor
that
such
as
shall
be
Indicted
shall
not
be
delivered
but
at
the
Common
Law
.
Certirorari
.
§
1.
N.
6.
And
the
Iustices
Assigned
to
deliver
the
Goals
shall
have
power
to
deliver
the
same
Goals
of
those
that
shall
be
Indicted
before
the
Keepers
of
the
peace
.
§
1.
N.
7.
And
that
the
said
Keepers
shall
send
their
Indictments
before
the
Iustices
,
and
they
shall
have
power
to
Enquire
of
Sheriffs
,
Goalers
and
other
,
in
whose
Ward
such
Indicted
persons
shall
be
,
if
they
make
deliverance
or
let
to
mainprise
any
so
Indicted
which
be
not
mainprisable
and
to
punish
the
said
Sheriffs
,
Goalers
and
others
if
they
do
any
thing
against
this
Act.
5
Ed.
3.
Cap.
11.
§
1.
N.
2.
It
is
Enacted
that
the
Iustices
Assigned
to
hear
and
determine
such
Felonyes
(
viz.
)
of
persons
Indictable
in
one
County
that
dwell
in
another
)
shall
direct
their
Writs
to
all
the
Counties
of
England
where
need
shall
be
to
take
such
persons
Indicted
.
Proces
.
Ca.
14.
§
1.
N.
3.
It
is
accorded
that
if
any
may
have
any
Evil
suspition
of
such
(
viz.
Robedsome
Wasters
and
Drawlatches
)
be
it
by
day
or
by
night
,
Coron.
they
shall
be
incontinently
arrested
by
the
Constables
of
the
Townes
.
10
Ed.
3.
Ca.
3.
§
1.
N.
3.
And
they
that
will
aid
themselves
by
such
Charters
(
viz.
of
pardon
)
and
have
not
found
mainprise
(
viz.
of
such
)
as
above
is
said
,
Pardon
.
or
after
the
mainprise
found
bear
themselves
otherwise
against
the
peace
than
they
ought
,
their
Charters
shall
be
holden
for
none
.
18
Ed.
3.
p.
09.
§
1.
No.
3.
(
An
Exigent
&c.
)
against
Conspirators
,
Outlary
.
and
Confederators
of
Quarrels
,
and
deceivers
of
Customes
and
false
mony
.
§
1.
N.
4.
And
against
them
that
Commit
Routs
in
Affray
of
the
people
.
Riot
.
18
E.
3.
St.
2.
Cap.
1.
Commissioners
of
new
Enquiries
shall
cease
serving
Indictments
of
Felonies
and
Trespasses
of
Wools
carried
out
without
Subsidies
,
Enquest
.
Customes
&c.
Cap.
2.
Item
,
Justices
.
That
two
or
three
of
the
best
of
Reputation
in
the
Counties
shall
be
Assigned
Keepers
of
the
Peace
by
the
Kings
Commission
(
18
H.
6.
Cap.
11.
)
§
1.
N.
2.
And
at
what
time
need
shall
be
,
the
same
with
other
Wise
and
Learned
in
the
Law
shall
be
Assigned
by
the
Kings
Commissions
to
hear
and
determine
Felonies
and
Trespasses
done
against
the
peace
in
the
same
Counties
,
and
to
inflict
punishment
reasonably
according
to
the
Law
and
Reason
and
the
manner
of
the
deed
.
Cap.
5.
Item
,
Outlary
.
That
from
henceforth
no
Exigent
shall
go
out
in
case
where
a
man
is
Indicted
of
Trespass
,
Vnless
it
be
against
the
peace
or
of
things
which
be
contained
in
the
declaration
made
in
this
case
at
the
last
Parliament
holden
at
Westminster
(
18
Edw.
3.
Sta.
1.
pa.
109
)
.
25
Ed.
3.
Cap.
8.
The
Iustices
shall
hold
their
Sessions
four
times
in
the
year
,
Duties
.
and
at
all
times
that
shall
be
needful
(
12
R.
2.
Cap.
10.
§
1.
N.
2.
and
2
H.
5.
Cap.
4.
§
2.
N.
2.
27
Ed.
3.
Sta.
2.
Ca.
20.
§
1.
N.
2.
Of
the
Staple
.
We
have
ordained
,
Merchants
.
&c.
that
if
any
outrage
or
Greivances
be
done
to
them
(
viz.
To
Merchants
Strangers
)
in
the
County
out
of
the
Staple
,
the
Iustices
of
the
Peace
,
where
such
Outrages
shall
be
done
,
shall
do
speedy
Iustice
to
them
after
the
Law
Merchant
from
day
to
day
and
from
hour
to
hour
without
sparing
any
man
,
or
to
drive
them
to
fue
at
the
Common
Law
.
C.
21.
§
1.
N.
5.
And
that
the
said
Major
and
Constables
(
viz.
of
the
Staple
)
shall
have
power
to
keep
the
peace
,
&c.
Peace
.
34
Ed.
3.
p.
139.
These
be
the
things
which
our
Lord
the
King
,
the
Prelates
,
Parliament
.
Lords
and
the
Commons
have
ordained
in
this
present
Parliament
holden
at
Westminster
the
Sunday
next
before
the
Feast
of
the
Conversion
of
St.
Paul
to
be
holden
and
published
openly
through
the
Realm
.
Cap.
1.
That
in
every
County
of
England
shall
be
assigned
for
the
keeping
of
the
Peace
one
Lord
,
Justices
.
and
with
him
three
or
four
of
the
most
worthy
in
the
County
,
with
some
Learned
in
the
Law
.
§
1.
N.
2.
And
they
shall
have
Power
to
restrain
the
Offenders
;
Rioters
,
Riot
.
and
all
other
Barrators
,
and
to
pursue
,
arrest
,
take
,
and
chastise
them
according
to
their
Trespass
or
offence
.
Imprisonment
.
And
to
cause
them
to
be
Imprisoned
,
and
duly
Punished
,
§.
1.
N.
3.
according
to
the
Laws
and
Customs
of
the
Realm
,
and
according
to
that
which
to
them
shall
seem
best
to
do
,
by
their
Discretion
and
good
Advisement
.
Poor
.
And
also
to
Inform
them
,
§
1.
N.
4.
and
to
Enquire
of
all
those
that
have
been
Pillors
,
and
Robbers
in
the
parts
beyond
the
Sea
,
and
be
now
come
again
,
and
go
wandering
,
and
will
not
Labour
as
they
were
wont
in
times
past
.
Process
.
And
to
take
,
and
arrest
all
those
that
they
may
find
by
Indictment
,
§
1.
N.
5.
or
by
Suspition
,
to
put
them
in
Prison
.
Bayl.
And
to
take
of
all
them
that
be
not
of
good
Fame
,
§
1.
N.
6.
where
they
shall
be
found
,
sufficient
Surety
and
Mainprize
of
their
good
behaviour
towards
the
King
and
his
People
,
and
the
other
duly
to
punish
,
to
the
Intent
that
the
people
be
not
by
such
Riotors
,
or
Rebells
,
troubled
,
nor
endamaged
,
nor
the
Peace
blemished
,
nor
Merchants
,
nor
others
passing
by
the
high-ways
of
the
Realm
disturbed
nor
put
in
the
peril
,
which
may
happen
of
such
Offenders
.
1
R.
3.
3.
§
1.
N.
2.
Coron.
And
also
to
Hear
,
and
Determine
at
the
Kings
Suit
,
§
1.
N.
7
all
manner
of
Felonies
and
Trespasses
,
done
in
the
same
County
,
according
to
the
Laws
and
Customs
aforesaid
.
Justices
.
And
that
Writs
of
Oyer
and
Terminer
,
§
1.
N.
8.
be
granted
according
to
the
Statutes
,
(
viz.
2
Ed.
3.
Cap.
7.
)
thereof
made
,
and
that
the
Iustices
which
shall
be
thereto
Assigned
,
be
named
by
the
Court
,
and
not
by
the
Party
.
Enquest
.
And
the
King
will
,
that
all
general
Enquiries
,
before
this
time
granted
,
§
1.
N.
9.
within
any
Seigniories
,
for
the
Mischeifs
and
Oppositions
,
which
have
been
done
to
the
People
by
such
Inquiries
,
shall
cease
utterly
,
and
be
repealed
.
Amerciaments
.
And
that
Fines
which
are
to
be
made
before
Iustices
for
a
Trespass
done
by
any
Person
,
be
reasonable
and
just
,
§
1.
N.
10.
having
regard
to
the
quantity
the
Trespass
,
and
the
causes
for
which
they
be
made
.
Measures
.
Item
,
It
is
Accorded
,
that
they
which
shall
be
Assigned
to
keep
the
Peace
,
Cap.
5.
shall
have
Power
to
Enquire
of
Measures
,
according
to
the
Statute
thereof
made
the
five
and
twentieth
year
of
the
Reign
of
our
Lord
the
King
,
(
viz.
25
Ed.
3.
St.
5.
Cap.
9.
)
Days
.
Item
,
That
in
the
Commissions
of
Iustices
of
the
Peace
,
36
Ed.
3.
C.
12.
and
of
Labourers
,
Express
mention
be
made
,
that
the
same
Iustices
make
their
Sessions
four
times
by
the
year
,
that
is
to
say
,
one
Sessions
within
the
Utas
of
the
Epiphany
,
the
second
within
the
second
week
of
Lent
,
the
third
between
the
Feasts
of
Penticost
,
and
of
St.
John
Baptist
,
the
fourth
within
the
eight
days
of
St.
Michael
.
(
2
H.
5.
Cap.
4.
§
2.
N.
2.
)
25.
Ed
3.
Cap
8.
Enquest
.
It
is
Assented
&c.
that
&c.
in
all
Enquiries
within
the
Realm
,
42
Ed.
3.
C.
4.
§
1.
N.
2.
Commissions
shall
be
made
to
some
of
the
Iustices
of
the
one
Bench
&c.
or
Iustices
of
the
Peace
,
with
others
of
the
most
worthy
of
the
County
&c.
Accountant
.
And
that
he
(
viz.
that
will
Complain
of
Sheriffs
,
C.
9.
§
1.
N.
4.
Leavying
of
the
Kings
Debt
,
&c.
)
have
his
Suit
as
well
before
Iustices
of
the
Peace
,
as
before
other
Iustices
.
Statuta
Rich.
2.
Peace
.
ITem
,
1
R.
2.
Cap.
2.
Our
Lord
the
King
greatly
desiring
the
Tranquillity
and
quietness
of
his
People
,
Willeth
,
and
straightly
Commandeth
,
that
the
Peace
within
this
Realm
of
England
,
be
surely
observed
and
kept
,
so
that
all
his
Lawful
Subjects
may
from
henceforth
,
Safely
,
and
Peaceably
,
go
and
come
,
and
dwell
according
to
the
Law
,
and
Vsage
of
the
Realm
.
Pleading
.
And
that
Iustice
,
and
Right
,
§
1.
N.
6.
be
indifferently
Ministred
to
every
Person
.
Riot
.
Commissions
shall
be
awarded
to
arrest
Rioters
,
2
R.
2.
C.
7.
and
other
persons
Offensive
to
the
Peace
,
and
to
Imprison
them
.
A
Repeat
of
the
Statute
of
2
Rich.
2.
Cap.
7.
touching
Riots
.
2
R.
2.
St.
2.
C.
2
Justices
.
A
profitable
Act
not
Printed
.
4
Inst.
176.
3
R.
2.
N.
39.
Rot.
Pat.
Treason
.
It
shall
be
Treason
to
begin
a
Riot
,
or
Rumour
1
Ed.
6.
5
R.
2.
C.
6.
§
1.
N.
2
Cap.
12.
Cap.
7.
§
1.
N.
2.
And
in
such
case
(
viz.
where
entry
is
given
by
Law
)
not
with
strong
hand
nor
with
multitudes
of
people
,
Force
.
but
only
in
peaceable
and
easy
manner
(
15
Ric.
2
Cap.
2.
)
7
Ric.
2.
Ca.
5.
Iustices
&c.
shall
Examine
Vagabonds
,
Poor
.
bind
them
to
their
good
abearing
or
Commit
them
to
prison
.
Cap.
13.
Item
,
It
is
ordained
and
assented
,
Riot
.
and
also
the
King
doth
prohibit
that
from
henceforth
no
man
shall
ride
in
Harness
within
the
Realm
Contrary
to
the
form
of
the
Statute
(
viz.
2
Ed.
3.
Cap.
3.
)
of
Northampton
thereupon
made
neither
with
Launcegay
within
the
Realm
,
the
which
Launcegayes
be
cleerly
put
out
within
the
Realm
,
as
a
thing
prohibited
by
our
Lord
the
King
upon
pain
of
Forfeiture
of
the
said
Launcegayes
,
Armours
and
other
Harness
in
whose
hands
or
possessions
they
be
found
that
bear
them
within
that
Realm
,
Contrary
to
the
Statutes
and
Ordinances
aforesaid
,
without
the
Kings
special
Lycene
(
20
Rich
2.
Cap.
1.
)
12
Ric.
2.
Ca.
2
Item
,
Chancery
.
It
is
accorded
that
the
Chancellor
&c.
and
all
others
that
shall
be
called
to
ordain
,
name
,
or
make
Iustices
of
Peace
&c.
shall
be
firmly
sworn
that
they
shall
not
ordain
,
&c.
for
any
gift
or
Brocage
,
Favour
or
Affection
.
Cap.
10.
Item
,
It
is
ordained
and
agreeed
,
Justices
.
that
in
every
Commission
of
the
Iustices
of
Peace
there
shall
be
Assigned
but
six
Iustices
with
the
Iustices
of
Assises
(
14
Ric.
2.
Cap.
11.
)
§
1.
N.
2.
And
that
the
said
six
Iustices
shall
keep
their
Sessions
in
every
Quarter
of
the
Year
at
least
,
and
by
three
dayes
,
if
need
be
,
Dayes
.
upon
pain
to
be
punished
according
to
the
Discretion
of
the
Kings
Counsel
at
the
suit
of
every
man
that
will
Complain
,
(
25
Ed.
3.
Cap.
8.
and
2.
H.
5.
Cap.
4.
§
2.
N.
2
14
H.
6.
Cap.
4.
N.
4.
)
§
1.
N.
3.
And
they
shall
enquire
diligently
among
other
things
touching
their
Offices
,
if
the
said
Majors
,
Bayliffs
,
Stewards
,
Constables
,
Enquest
and
Goalers
have
duly
done
Execution
of
the
said
Ordinances
(
viz.
12
R.
2.
Cap.
3.
4.
5.
6.
7.
8.
9.
)
Of
Servants
and
Labourers
,
Beggars
and
Vagabonds
,
and
shall
punish
them
that
be
punishable
by
the
said
pain
of
an
hundred
shillings
by
the
same
pain
,
and
they
that
be
found
in
default
and
be
not
punishable
by
the
same
pain
,
shall
be
punished
by
their
Discretion
.
§
1.
N.
4.
And
every
of
the
said
Iustices
shall
take
for
their
wages
four
Shillings
the
day
for
the
time
of
their
said
Sessions
,
Fees
.
and
there
will
be
two
shillings
of
the
Fines
and
Amerciaments
rising
and
coming
of
the
same
Sessions
by
the
hands
of
the
Sheriffs
.
§
1.
N.
5.
And
that
the
Lords
of
Franchises
shall
be
contributory
to
the
said
Wages
after
their
rate
of
their
part
of
Fines
and
Amerciaments
aforesaid
.
Franchise
.
§
1.
N.
6.
And
that
no
Steward
of
any
Lord
be
Assigned
in
any
of
the
said
Commissions
(
13
Ric.
2.
Cap.
7.
Ability
.
)
§
1.
N.
7.
And
that
no
Association
shall
be
made
to
the
Iustices
of
the
Peace
after
their
first
Commission
.
Joynder
.
§
1.
N.
8.
And
it
is
not
the
Intent
of
this
Statute
,
Appearance
.
that
the
Iustices
of
the
one
Bench
or
of
the
other
,
nor
the
Serjeants
of
the
Law
,
in
case
that
they
shall
be
named
in
the
said
Commissions
,
shall
be
bound
by
force
of
this
Statute
to
hold
the
said
Sessions
four
times
in
the
year
,
as
the
other
Commissioners
,
the
which
be
Continually
dwelling
in
the
County
,
but
that
they
shall
do
it
when
they
may
best
attend
it
.
13
Ric.
2.
Ca.
7.
Whereas
it
is
Contained
in
the
Last
Statute
made
at
Canterbury
(
viz.
)
12
Rich.
2.
Cap.
10.
§
1.
N.
6.
Ability
.
)
that
no
Steward
of
any
Lord
shall
be
Assigned
in
the
Commission
of
the
Iustices
of
Peace
,
nevertheless
for
certain
causes
shewed
in
this
Parliament
,
it
is
accorded
,
and
assented
,
that
Iustices
of
the
Peace
shall
be
made
of
new
in
all
the
Counties
of
England
,
of
the
most
sufficient
Knights
,
Esquires
and
Gentlemen
of
the
Law
,
of
the
said
Counties
,
notwithstanding
the
said
Statute
(
18
H.
6.
Cap.
12.
)
§
1.
N.
2.
And
that
the
said
Iustices
be
Sworn
duly
,
Justices
.
and
without
favour
to
keep
and
put
in
Execution
all
the
Statutes
and
Ordinances
touching
their
Office
.
Cap.
8.
Item
,
Victuals
It
is
ordained
&c.
that
the
Statutes
and
Ordinances
made
in
the
last
Parliament
holden
at
Canterbury
(
viz.
12
Ric.
2.
Cap.
3.
4.
5.
6.
7.
8.
9.
)
as
well
of
Servants
,
Labourors
,
Artificers
and
Victualers
,
as
of
all
other
things
,
saving
the
Exception
(
viz.
12
R.
2.
Cap.
10.
§
1.
N.
6.
)
in
the
next
Article
before
(
viz.
13
Rich.
2.
Cap.
7.
)
touching
Iustices
of
Peace
,
&c.
shall
be
firmly
kept
,
and
duly
executed
.
Coron.
But
forasmuch
as
a
man
cannot
put
the
price
of
Corn
,
§
1.
N.
2.
and
other
Victuals
in
certain
,
it
is
Accorded
&c.
that
the
Iustices
of
Peace
in
every
County
in
two
of
their
Sessions
to
be
holden
betwixt
the
Feast
of
Easter
and
St.
Michael
,
shall
make
Proclamation
by
their
discretion
according
to
the
Dearth
of
Victuals
,
how
much
every
Mason
,
Carpenter
,
Tyler
and
other
Craftsmen
,
Workmen
and
other
Labourers
by
the
day
,
as
well
in
Harvest
,
as
in
other
times
of
the
year
,
after
their
degree
shall
take
by
the
day
,
with
meat
and
drink
,
or
without
meat
and
drink
,
between
the
two
Sessions
beforesaid
,
notwithstanding
the
Statutes
(
viz.
23
Ed.
3.
Cap.
6.
and
12
R.
2.
Cap.
4.
)
thereof
heretofore
made
,
and
that
every
man
obey
to
such
Proclamations
,
from
time
to
time
,
as
a
thing
done
by
Statute
.
Fees
.
And
in
the
Right
of
Victualers
,
it
is
Accorded
,
§
1.
N.
3.
that
they
shall
have
reasonable
gains
,
according
to
the
Discretion
,
and
Limitation
of
the
Iustices
,
and
no
more
,
upon
pain
to
be
grievously
punished
according
to
the
Discretion
of
the
said
Iustices
,
where
no
Pain
is
limited
in
certain
before
this
time
.
Drapery
.
And
that
the
Workers
,
Weavers
,
and
Fullers
,
C.
11.
§
1.
N.
3.
(
viz
of
plain
Cloaths
of
Somerset
,
&c.
)
shall
put
their
Seals
to
every
Cloath
that
they
shall
work
,
upon
a
certain
Pain
,
to
be
limited
by
the
Iustices
of
the
Peace
,
&c.
Forest
.
And
that
the
Iustices
of
Peace
have
Power
to
Enquire
,
C.
13.
§
1.
N.
4
(
viz.
)
of
Lay-men
that
have
not
forty
shillings
a
year
,
and
Clerks
not
advanced
to
ten
pound
a
year
,
that
Hunt
,
or
keep
Dogs
,
Nets
,
&c.
and
shall
enquire
of
the
Offenders
in
this
behalf
,
and
punish
them
by
the
Pain
aforesaid
,
(
viz.
Imprisonment
a
year
.
)
Justices
.
Item
,
that
in
eyery
County
,
be
Assigned
eight
Iustices
of
Peace
,
14
R.
2
C.
11
as
is
contained
in
the
Statute
of
Canterbury
,
(
viz.
12
Ric.
2.
Cap.
10.
)
besides
the
Lords
Assigned
in
this
Parliament
.
Records
.
And
that
the
Estreats
of
the
said
Iustices
be
doubled
,
§
1.
N.
2.
and
the
one
part
delivered
by
the
said
Iustices
to
the
Sheriff
,
to
Leavy
the
mony
thereof
rising
,
and
thereof
to
pay
to
the
Iustices
their
Wages
by
the
hand
of
Sheriff
,
by
Indenture
betwixt
them
therereof
to
be
made
.
Sheriffs
.
And
that
the
Sheriffs
have
allowance
in
their
account
in
the
Exchequer
,
§
1.
N.
3.
by
the
same
Indenture
.
Dignity
.
And
that
no
Duke
,
Earl
,
Baron
or
Baronet
,
§
1.
N.
4.
albeit
they
be
Assigned
Iustices
of
the
Peace
,
and
hold
their
Sessions
with
the
other
Eight
,
shall
take
any
wages
for
the
said
Office
.
Justices
.
And
that
the
Iustices
put
their
names
in
the
same
Estreats
,
§
1.
N.
5.
together
with
the
number
of
the
days
of
their
Session
,
to
the
intent
that
the
Sheriffs
may
know
to
whom
to
pay
Wages
,
and
to
whom
not
,
and
the
Barons
of
the
Exchequer
,
to
whom
to
allow
,
and
to
whom
not
.
Seals
.
And
that
the
Seals
be
made
for
the
Servants
,
§
1.
N.
6.
and
delivered
to
the
keeping
of
some
good
man
of
the
Country
,
after
the
Puport
of
the
said
Statute
of
Canterbury
,
(
viz.
12
R.
2.
Cap.
11.
N.
4.
)
Measures
.
Which
Statute
,
(
viz.
12
R.
2.
Cap.
10.
§
1.
N.
7.
)
with
the
notification
of
the
same
made
at
the
last
Parliament
,
(
viz.
13
R.
2.
Cap.
7
)
and
the
Statute
of
Weights
and
Measures
.
And
all
other
good
Statutes
and
Ordinances
made
heretofore
,
and
not
repealed
,
shall
be
holden
and
kept
,
and
put
in
due
Execution
.
Force
.
Item
,
It
is
Accorded
and
Assented
,
that
the
Ordinances
and
Statutes
,
15
R.
2.
C.
2.
made
and
not
repealed
,
of
them
that
make
Entries
with
strong-hand
into
Lands
and
Tenements
,
or
other
Possessions
whatsoever
,
and
them
hold
with
force
;
and
also
of
these
that
make
Insurrections
,
or
great
Ridings
,
Riots
,
Routs
or
Assemblies
,
in
Disturbance
of
the
Peace
,
or
of
the
Common-Law
,
or
in
affray
of
the
People
,
shall
be
holden
and
kept
,
and
fully
executed
.
(
8
H.
6.
Cap.
9.
)
Proces
.
Ioyned
to
the
same
,
that
at
all
times
,
§
1.
N.
2.
that
such
forcible
entry
shall
be
made
,
and
Complaint
thereof
cometh
to
the
Iustices
of
Peace
,
or
to
any
of
them
,
that
the
same
Iustices
or
Iustice
,
take
sufficient
Power
of
the
County
,
and
also
the
Place
where
such
force
is
made
.
(
13.
H.
4.
Cap.
7.
)
(
8
H.
6.
Cap.
9.
N.
2.
)
§
1.
N.
3
And
if
they
find
any
that
hold
such
Place
forcibly
after
such
entry
made
,
Imprisonment
.
they
shall
be
taken
and
put
in
the
next
Gaol
,
there
to
abide
Convict
by
the
record
of
the
same
Iustices
or
Iustice
,
until
they
have
made
Fine
and
Ransome
to
the
King
.
18
H.
6.
Cap.
9.
§
1.
N.
3.
§
1.
N.
4.
And
that
all
the
People
of
the
County
,
as
well
the
Sheriff
as
others
,
Process
.
shall
be
attendant
upon
the
same
Iustices
,
to
go
and
assist
the
same
Iustices
to
Arrest
such
Offenders
,
upon
Pain
of
Imprisonment
,
and
to
mak●
Fine
to
the
King
,
(
8
H.
6.
Cap.
9.
§
1.
N.
4.
)
§
1.
N.
5.
And
in
the
same
manner
it
shall
be
done
of
them
that
make
such
forcible
Entries
in
Benefices
,
or
Offices
of
holy
Church
,
(
8
H.
6.
Cap.
9.
§
1.
N.
5.
Church
.
)
17
R.
2.
C.
8.
The
Sheriffs
,
and
all
other
the
Kings
Officers
,
Riot
.
shall
Suppress
Riots
and
Imprison
them
,
and
all
others
Offending
against
the
Peace
,
4.
Inst.
51.
13
H.
4.
Cap.
7.
C.
9.
§
1.
N.
7.
Wherefore
it
is
Accorded
&c.
Fish
.
That
the
Iustices
of
Peace
of
all
the
Counties
of
England
,
shall
be
Conservators
of
the
said
Statutes
,
(
viz.
13
Ed.
1.
St.
1.
(
2.
Cap.
47.
(
48.
)
and
13
Ric.
2.
Cap.
19.
)
in
the
Counties
where
they
be
Iustices
,
and
that
they
and
every
of
them
,
at
all
times
when
they
may
attend
,
shall
Survey
the
Offences
,
and
Defaults
attempted
against
the
Statutes
aforesaid
.
§
1.
N.
8.
And
also
shall
Survey
,
and
Search
all
the
Wears
,
in
such
Rivers
,
Sewers
.
that
they
shall
not
be
very
strait
for
the
distinction
of
such
Fry
,
and
Brood
,
but
of
reasonable
widenes
,
after
the
old
Assise
used
and
accustomed
.
§
1.
N.
9.
And
that
the
same
Iustices
,
or
any
of
them
which
shall
find
Default
,
Process
.
or
Abuse
against
the
Statutes
aforesaid
,
(
viz.
13
Ed.
1.
St.
1.
(
2.
Cap.
47.
(
48.
)
and
13
Ric.
2.
Cap.
19.
)
shall
make
due
Punishment
of
them
which
be
found
in
default
,
after
the
Content
of
the
same
Statute
.
§.
1.
N.
10.
And
that
the
same
Iustices
,
Deputy
.
shall
put
good
and
sufficient
Vnder-Conservators
of
the
same
Statutes
,
(
viz.
13
Ed.
1.
St
1.
(
2.
Cap.
47.
(
48.
)
and
13
Ric.
2.
Cap.
19.
)
under
them
,
which
shall
be
sworn
to
make
like
Surveying
Search
and
Punishment
,
without
any
favour
thereof
to
be
shewed
.
§
1.
N.
11.
And
moreover
that
the
same
Iustices
in
their
Sessions
shall
Enquire
,
Enquest
.
as
well
by
their
Office
,
as
at
the
Instance
of
the
under-Conservators
aforesaid
,
of
all
Trespasses
,
Misprisions
and
Defaults
made
against
any
of
the
Points
aforesaid
.
§
1.
N.
12.
And
shall
cause
them
which
be
thereof
Indicted
,
to
come
before
them
.
Process
Imprisonment
.
§
1.
N.
13.
And
if
they
be
thereof
Convict
,
they
shall
have
Imprisonment
,
and
make
Fine
after
the
discretion
of
the
same
Iustices
.
C.
10.
Item
,
Forasmuch
as
Theeves
notoriously
defamed
,
Enquest
.
and
others
taken
with
the
manner
,
by
their
long
abiding
in
Prison
after
that
they
be
arrested
,
be
delivered
by
Charters
and
favourable
Enquests
,
procured
to
the
great
hindrance
of
the
People
.
§
1.
N.
2.
It
is
Accorded
and
Assented
,
Justices
.
that
in
every
Commission
of
the
Peace
through
the
Realm
,
where
need
shall
be
,
two
men
of
Law
of
the
same
County
where
such
Commission
shall
be
made
,
shall
be
assigned
to
go
and
proceed
to
the
deliverance
of
such
Theeves
and
Felons
,
as
often
as
they
shall
think
it
expedient
,
(
18.
H.
6.
Cap.
11.
)
20
R.
2.
p.
186.
The
King
at
his
Parliament
holden
at
Westminster
in
the
Feast
of
St.
Vincent
the
twentieth
year
of
his
Reign
,
by
the
Assent
of
the
Prelates
,
Parliament
.
Lords
and
Commons
of
his
Realm
of
England
,
assembled
in
the
same
present
Parliament
for
the
Quietness
and
Tranquillity
of
his
People
,
hath
made
certain
Statutes
and
Ordinances
,
in
the
form
which
followeth
.
Cap.
1.
First
,
Peace
.
whereas
in
a
Statute
made
the
seventh
year
of
the
Reign
of
the
King
that
now
is
,
(
viz.
7
R.
2.
Cap.
13.
)
It
is
Ordained
and
Assented
,
that
no
man
shall
ride
Armed
within
the
Realm
,
against
the
form
of
the
Statute
of
Northampton
,
(
viz.
2
Ed.
3.
Cap.
3.
)
thereupon
made
,
nor
with
Launce-gays
within
the
same
Realm
.
§
1.
N.
2.
And
that
the
said
Launce-gays
shall
be
utterly
put
out
within
the
said
Realm
as
a
thing
prohibited
by
the
King
,
War
.
upon
pain
of
forfeiture
of
the
same
Launce-gays
,
Armors
or
any
other
Harnes
,
in
the
hands
and
possessions
of
them
that
bear
them
,
from
henceforth
within
the
same
Realm
,
against
the
same
Statutes
and
Ordinances
,
(
viz.
2
E.
3.
Cap.
3.
&
7
Rich.
2.
C.
p.
13.
)
without
the
Kings
special
Licence
.
Riot
.
Our
Lord
the
King
,
§.
1.
N.
3.
considering
the
great
clamour
made
to
him
in
this
present
Parliament
,
because
that
the
said
Statute
is
not
holden
,
hath
ordained
and
established
in
the
said
Parliament
,
that
the
said
Statutes
,
(
viz
2
Ed.
3.
cap.
3.
&
7.
Rich.
2.
cap.
13.
)
shall
be
fully
holden
,
and
kept
,
and
duly
executed
,
and
that
the
said
Lance-gayes
shall
be
thereby
put
out
,
upon
the
pain
contained
in
the
said
Statute
of
Northampton
(
viz.
2
Ed.
3.
cap.
3.
)
and
also
to
make
fine
and
ransom
to
the
King
.
Officer
.
And
moreover
,
that
no
Lord
,
Knight
,
nor
other
,
§
1.
N.
4.
little
nor
great
shall
go
nor
ride
by
night
nor
by
day
armed
,
nor
bear
Sallet
nor
Skull
of
Iron
,
nor
of
other
Armor
,
upon
the
pain
aforesaid
:
Save
and
except
the
Kings
Officers
and
Ministers
in
doing
their
Office
.
Maintenance
.
And
moreover
the
King
will
and
hath
ordained
,
§
1.
N.
5.
that
the
Statute
made
the
first
year
of
his
Reign
(
viz.
1
Rich.
2.
cap.
7.
Of
Liveries
of
Hats
)
shall
be
holden
and
kept
upon
the
pain
contained
in
the
same
Statute
,
and
upon
pain
to
be
imprisoned
,
and
make
Fine
and
Ransome
to
the
King
.
Statuta
Hen.
4.
Justices
.
JOyned
thereto
(
viz.
to
1
H
4
Cap.
7.
2
H.
4.
Ca.
21.
§
2.
N.
3.
Of
Liveries
)
that
the
Iustices
of
the
one
Bench
and
of
the
other
,
and
the
Iustices
of
Assises
,
and
of
the
Peace
,
have
power
and
authority
to
enquire
hear
and
determine
in
this
case
by
Record
in
their
presence
,
or
by
inquiry
to
be
made
from
time
to
time
.
Force
.
And
if
such
Disseisor
be
attainted
of
such
Dissessin
made
in
such
forcible
manner
,
he
shall
have
one
years
imprisonment
,
5
H.
4.
Cap.
8.
§
1.
N.
3.
and
yeild
to
the
party
greived
his
double
damages
.
Justices
.
And
that
in
the
Commissions
of
the
Peace
hereafter
to
be
made
,
4
H.
4.
Cap.
3.
§
1.
N.
2.
this
Article
be
put
in
,
that
the
Iustices
of
the
Peace
have
power
thereof
(
viz.
of
Watches
on
the
Sea-coasts
)
to
make
inquiry
in
their
Sessions
from
time
to
time
,
and
to
punish
them
which
be
found
in
default
after
the
tenor
of
the
said
Statute
,
(
viz.
13
Ed.
1.
St.
2.
(
3.
cap.
4.
Of
Winchester
.
Imprisonment
.
Item
because
that
divers
Constables
of
Castles
within
the
Realm
of
England
be
assigned
to
be
Iustices
of
Peace
by
Commission
of
our
Lord
the
King
,
Cap.
10.
and
by
colour
of
the
said
Commissions
they
take
people
to
whom
they
bear
evil
will
,
and
imprison
them
within
the
said
Castles
,
till
they
have
made
fine
and
ransom
with
the
said
Constables
for
their
deliverance
.
It
is
ordained
and
established
,
§
1.
N.
2.
that
none
be
imprisoned
by
any
Iustice
of
Peace
,
but
only
in
the
common
Gaol
:
Saving
to
Lords
and
other
their
Franchise
in
this
Case
.
Peace
.
And
that
the
Peace
within
the
Realm
be
holden
and
kept
so
,
7
H.
4.
cap.
●
§
1.
N.
4●
that
all
the
Kings
Leige
people
and
Subjects
may
from
henceforth
safely
and
peacably
go
,
come
,
and
abide
,
according
to
the
Laws
and
Vsages
of
the
same
Realm
.
Games
.
And
the
Iustices
of
Peace
in
every
County
of
England
,
C.
7.
§
1.
N.
6.
and
also
the
Mayor
,
and
Sheriffs
,
and
Bailiffs
of
Cities
and
Boroughs
within
the
same
Cities
and
Boroughs
shall
have
power
to
inquire
of
all
such
deceitful
makers
of
Heads
and
Quarels
,
(
viz.
of
Arrows
,
)
and
to
punish
them
as
aforesaid
.
Riot
.
None
shall
be
punished
for
repressing
the
late
Riots
.
Cap.
18.
Justices
.
Item
,
It
is
ordained
and
established
,
that
if
any
Riot
,
Assembly
,
13
H.
4.
Cap.
7
or
Rout
of
People
against
the
Law
be
made
in
parties
of
the
Realm
,
that
the
Iustices
of
Peace
,
three
or
two
of
them
at
the
least
,
and
the
Sheriff
or
Vnder-Sheriff
of
the
County
where
such
Riot
,
Assembly
,
or
Rout
,
shall
be
made
hereafter
,
shall
come
with
the
power
of
the
County
if
need
be
to
arrest
them
,
and
shall
arrest
them
,
(
2
H.
5.
cap.
8.
and
19
H.
7.
cap.
13.
§
1.
N.
2.
And
the
same
Iustices
and
Sheriff
,
or
Vnder
Sheriff
,
Record
.
shall
have
power
to
record
that
which
they
shall
find
to
be
done
in
their
presence
against
the
Law
(
2
H.
5.
cap.
8.
§
1.
N.
2.
and
19
H.
7.
cap.
13.
§
1.
N.
2.
)
§
1.
N.
3.
And
that
by
the
Record
of
the
same
Iustices
and
Sheriff
,
Sheriff
.
or
Vnder-Sheriff
,
such
Trespassers
and
Offenders
shall
be
convict
in
the
manner
and
form
as
is
contained
in
the
Statute
of
forcible
Entries
,
(
viz.
5
R.
2.
Cap.
7.
§
1.
N.
3.
and
15
R.
2.
Cap.
2.
§
1.
N.
3.
)
2
H.
5.
Cap.
8.
§
1.
N.
2.
and
19
H.
7.
Cap.
13.
§
1.
N.
3.
§
1.
N.
4.
And
if
it
happen
that
such
Trespassers
and
Offenders
be
departed
before
the
coming
of
the
said
Iustices
,
Sheriff
and
Vnder
Sheriff
,
Enquest
.
that
the
same
Iustices
three
or
two
of
them
,
shall
diligently
enquire
within
a
Month
after
such
Riot
,
Assembly
or
Rout
of
people
so
made
,
and
thereof
shall
hear
and
determin
,
according
to
the
Law
of
the
Land
,
(
2
H.
5.
Cap.
8.
§
1
N.
3.
and
19
H.
7.
13.
§
.
1.
N.
4.
)
§
2.
N.
1.
And
if
the
truth
cannot
be
found
in
the
manner
as
is
aforesaid
,
Certificat
.
then
within
a
Month
then
next
following
,
the
Iustices
three
or
two
of
them
,
and
the
Sheriff
or
Vnder
Sheriff
,
shall
certifie
before
the
King
and
his
Counsel
,
all
the
Deed
and
Circumstances
thereof
,
(
2
H.
5.
Cap.
8.
§
1.
N.
4
and
19
H.
7.
Cap.
13.
§
1.
N.
9.
)
§
2.
N.
2.
Which
Certificat
shall
be
of
like
force
as
the
Presentment
of
twelve
,
Judgment
.
upon
which
Certificat
,
the
said
Trespassers
and
Offenders
shall
be
put
to
Answer
,
(
2
H.
5.
Cap.
8.
§
.
1.
N.
4.
)
§
2.
N.
3.
And
they
which
shall
be
found
guilty
,
Execution
.
shall
be
punished
according
to
the
Discretion
of
the
King
and
his
Counsel
,
(
2
H.
5.
Cap.
8.
§
1.
N.
5.
)
§
3.
N.
1.
And
if
such
Trespassers
and
Offenders
do
Traverse
the
matter
so
certified
,
the
same
Certificat
and
Travers
,
Travers
.
shall
be
sent
into
the
Kings
Bench
,
there
to
be
tryed
and
determined
,
as
the
Law
requireth
.
§
3.
N.
2.
And
if
the
same
Trespassers
do
not
appear
before
the
King
and
his
Counsel
,
or
in
the
Kings
Bench
at
the
first
Precept
,
Process
.
there
shall
be
another
Precept
directed
to
the
Sheriff
of
the
County
to
take
the
said
Trespassers
and
Offenders
if
they
may
be
found
,
and
to
bring
them
at
a
certain
day
before
the
King
and
his
Counsel
,
or
into
the
Kings
Bench.
§
3.
N.
3.
And
if
they
cannot
be
found
,
that
the
Sheriff
,
Notice
.
or
Vnder
Sheriff
shall
make
Proclamation
in
his
full
County
next
ensuing
the
delivery
of
the
second
Precept
,
that
they
shall
appear
before
the
King
and
his
said
Counsel
,
or
in
the
Kings
Bench
,
or
in
the
Chancery
in
time
of
Vacation
,
within
three
weeks
then
next
following
.
§
3.
N.
4.
And
in
case
the
same
Offenders
come
not
as
afore
is
said
,
Attainder
.
and
the
Proclamation
made
and
returned
,
they
shall
be
Convict
and
Attainted
of
the
Riot
,
Assembly
,
or
Rout
aforesaid
,
notwithstanding
any
Article
or
Ordinance
made
to
the
contrary
.
§
4.
N.
1.
And
moreover
that
the
Iustices
of
Peace
,
2
H.
5.
C.
8.
§
1.
N.
6.
dwelling
nighest
in
every
County
where
such
Riot
,
Assembly
,
Justices
.
or
Rout
of
people
shall
be
made
hereafter
,
together
with
the
Sheriff
or
Vnder
Sheriff
of
the
same
County
,
and
also
the
Iustices
of
Assises
for
the
time
that
they
shall
be
there
in
their
Session
,
in
case
that
any
such
Riot
,
Assembly
or
Rout
be
made
in
their
presence
,
shall
do
Execution
of
this
Statute
,
every
one
upon
pain
of
an
hundred
pounds
,
to
be
paid
to
the
King
,
as
often
as
they
shall
be
found
in
Default
of
the
Execution
of
the
same
Statute
.
Statuta
Hen.
5.
2
H.
5.
C.
4.
ITem
,
Forasmuch
as
the
Servants
and
Labourers
,
Apprentice
.
of
the
Shires
of
the
Realm
,
do
fly
from
County
to
County
,
because
they
would
not
be
Iustifiby
the
Ordinances
and
Statutes
by
the
Law
for
them
made
,
to
the
great
damage
of
Gentlemen
and
others
to
whom
they
should
serve
,
because
that
the
said
Ordinances
and
Statutes
for
them
ordained
,
be
not
Executed
in
every
Shire
.
Trades
.
§
1.
N.
2.
Our
Lord
the
King
willing
in
this
case
to
provide
a
Remedy
,
by
the
Advise
and
A●sent
aforesaid
,
and
at
the
request
of
the
said
Commons
,
hath
ordained
and
established
,
that
the
Statute
of
Labourers
made
at
Canterbury
,
(
viz.
12
R.
2.
Cap
3.
&c.
)
and
all
other
good
Statutes
of
Labourers
made
and
not
repealed
,
be
firmly
holden
and
kept
,
and
put
in
due
Execution
.
Process
.
§
1.
N.
3.
And
moreover
that
the
Iustices
of
Peace
have
power
to
send
their
Writs
for
such
fugitive
Labourers
to
every
Sheriff
of
the
Realm
of
England
,
and
to
make
Process
as
the
Statute
requireth
,
to
bring
them
before
them
to
answer
to
our
Soveraign
Lord
the
King
,
and
to
the
parties
,
of
the
Contempts
and
Trespasses
made
or
done
against
the
Ordinances
and
Statutes
aforesaid
,
in
like
manner
as
the
Iustices
have
power
to
send
to
every
Sheriff
for
the
Felons
before
them
Indicted
.
Apprentice
.
And
also
that
all
the
Statutes
and
Ordinances
of
Labourers
,
§
1.
N.
4.
Servants
and
Artificers
before
this
time
made
and
not
repealed
,
be
Exemplified
under
the
great
Seal
,
and
sent
to
every
Sheriff
of
the
Realm
of
England
,
thereof
to
make
Proclamation
in
the
full
County
,
and
after
this
Proclamation
so
made
,
that
every
Sheriff
shall
cause
the
said
Exemplification
to
him
directed
,
to
be
delivered
to
the
Iustices
of
the
Peace
in
his
County
named
of
the
Quorum
,
or
to
one
of
them
,
to
remain
with
such
Iustices
,
which
be
or
shall
be
,
for
the
better
putting
of
the
foresaid
Statutes
and
Ordinances
,
in
due
Execution
.
Sheriffs
.
And
in
Shires
where
divers
Commissions
of
the
Peace
be
made
,
§
1.
N.
5
there
shall
be
so
many
Exemplifications
of
the
Statutes
and
Ordinances
aforesaid
made
as
be
Commissioners
of
the
Peace
in
the
same
Shires
,
and
sent
to
the
Sheriffs
to
make
Proclamation
,
and
to
deliver
the
same
as
is
aforesaid
.
Justices
.
And
that
the
Iustices
of
Peace
in
every
Shire
named
of
the
Quorum
,
§
2.
N.
1.
be
resident
within
the
same
Shire
,
except
Lords
named
in
the
Commission
of
the
Peace
,
and
also
except
Iustices
of
the
one
Bench
and
of
the
other
,
the
cheif
Baron
of
the
Exchequer
,
Serjeants
at
the
Law
,
and
the
Kings
Atturney
,
be
attending
and
occupyed
in
the
Kings
Courts
,
or
otherwise
in
some
other
place
occupyed
in
the
Kings
Service
.
Days
.
And
make
their
Sessions
four
times
by
the
year
,
§
2.
N.
2.
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
,
(
36
Ed.
3.
Cap.
12.
and
25
Ed.
3.
Cap.
8.
and
14
H.
6.
Cap.
4.
§
1.
N.
4.
And
that
the
same
Iustices
hold
their
Sessions
throughout
the
Realm
of
England
,
in
the
same
weeks
every
year
from
henceforth
12
Rich.
2.
§
2.
N.
3.
Cap.
10.
§
1.
N.
2.
Apprentice
.
And
also
the
Iustices
of
Peace
from
henceforth
have
power
to
Examin
,
§
2.
N.
4.
as
well
all
manner
of
Labourers
,
Servants
and
their
Masters
,
as
Artificers
by
their
Oaths
of
all
things
by
them
done
contrary
to
their
said
Ordinances
and
Statutes
,
and
upon
that
,
to
punish
them
upon
their
confession
,
after
the
effect
of
the
Statutes
and
Ordinances
aforesaid
,
as
though
they
were
Convict
by
Enquest
.
Sheriffs
.
And
that
the
Sheriff
in
every
Shire
of
the
Realm
of
England
,
§
2.
N.
5.
shall
do
well
and
duly
his
Office
in
this
behalf
,
upon
pain
to
loose
and
to
forfeit
to
our
Lord
the
King
twenty
pounds
.
Religion
.
And
moreover
that
the
Iustices
of
the
Kings
Bench
,
Cap.
7.
§
1.
N.
9.
and
Iustices
of
the
Peace
,
and
Iustices
of
Assise
have
full
power
to
enquire
of
all
them
which
hold
any
Errors
or
Heresies
as
Lollards
,
and
which
be
their
Maintainers
,
Favourers
and
Sustainers
,
Comon-writers
of
such
Books
,
as
well
of
the
Sermons
,
as
of
their
Schools
,
Conventicles
,
Congregations
and
Confederacies
,
and
that
this
Clause
be
put
in
Commssions
of
the
Iustices
of
the
Peace
.
Riot
.
Item
,
Cap.
8.
Whereas
it
is
contained
in
the
Statute
made
the
thirteenth
year
of
the
noble
King
Henry
,
Father
to
our
Lord
the
King
that
now
is
,
(
viz.
13
H
4.
Cap.
7
,
)
amongst
other
things
,
that
if
any
Riot
,
Assembly
or
Rout
of
people
,
against
the
Law
be
made
in
any
part
of
the
Realm
,
then
the
Iustices
of
the
Peace
,
three
or
two
of
them
at
the
least
,
and
the
Sheriff
,
or
under
Sheriff
of
the
County
where
such
Riot
,
Assembly
or
Rout
shall
be
made
hereafter
,
should
come
with
the
power
of
the
said
County
if
need
were
to
arrest
them
,
and
them
should
arrest
(
19.
H.
7.
Cap.
13.
)
§
1.
N.
2.
And
(
viz.
13
H.
4.
Cap.
7.
§
1.
N.
2.
)
the
same
Iustices
,
Record
.
Sheriffs
or
under
Sheriffs
,
should
have
power
to
record
that
which
they
find
so
done
in
their
presence
against
the
Law
,
and
(
viz.
13
H.
4.
Cap.
7.
§
1.
N.
2.
)
that
by
Record
of
the
same
Iustices
,
Sheriff
or
under
Sheriff
,
such
Trespassers
or
Offenders
,
should
be
Convict
in
manner
and
form
as
is
contained
in
the
Statute
of
forcible
entries
,
(
19
H.
7.
Cap.
13.
§
1.
N.
2.
3.
)
§
1.
N.
3.
And
(
viz.
13
H.
4.
Cap.
7.
§
1.
N.
4.
Enquest
.
)
if
it
happen
that
such
Trespassers
or
Offenders
,
were
departed
before
the
coming
of
the
Iustices
,
Sheriff
or
under
Sheriff
,
that
the
same
Iustices
three
or
two
of
them
,
shall
diligently
enquire
within
a
month
after
such
Riot
,
Assembly
or
Rout
of
people
so
made
,
and
the
same
hear
and
determin
according
to
the
Law
of
the
Land
.
§
1.
N.
4.
And
(
viz.
13
H.
4.
Cap.
7.
§
2.
Certificat
.
N.
1
)
if
the
truth
could
not
be
found
in
manner
as
afore
is
said
,
within
a
month
then
next
ensuing
,
the
said
Iustices
three
or
two
of
them
,
and
the
Sheriff
or
under
Sheriff
,
shall
certifie
before
the
King
and
his
Counsel
,
the
Deed
and
circumstance
of
the
same
,
(
viz.
13
H.
4.
Cap.
7.
§
2.
N.
2.
)
which
Certificat
shall
be
of
like
force
as
the
Presentment
of
twelve
men
,
upon
which
Certificat
,
the
said
Trespassers
and
Offenders
shall
be
put
to
Answer
.
§
1.
N.
5.
And
(
viz.
13
H.
4.
Cap.
7.
§
2.
N
2.
Judgement
.
)
they
which
be
found
guilty
should
be
punished
according
to
the
discretion
of
the
King
and
his
Counsel
.
§
1.
N.
6.
And
(
viz.
13.
H.
4.
Cap.
7.
§
4.
N.
1.
Justices
.
)
moreover
that
the
Iustices
of
Peace
,
dwelling
neerest
in
every
County
where
such
Rout
,
Assembly
,
and
Riot
of
people
should
be
made
hereafter
,
together
with
the
Sheriff
or
under
Sheriff
of
the
same
Counties
,
and
also
the
Iustices
of
Assise
for
the
time
that
they
shall
be
in
their
Sessions
,
in
case
that
any
such
Riot
,
Assembly
,
or
Rout
be
made
in
their
presence
,
shall
make
Execution
of
this
Statute
every
one
of
them
,
upon
pain
of
100
l.
to
be
paid
to
the
King
,
as
often
as
they
shall
be
found
in
default
of
Execution
of
the
same
Statute
.
§
1.
N.
7.
And
forasmuch
as
many
Riots
,
Routs
,
Process
.
and
Assemblies
have
been
made
in
divers
parts
of
the
Realm
,
since
the
making
and
proclamation
of
the
same
Statute
,
viz.
13.
H.
4.
Cap.
7.
)
because
that
the
same
Statute
hath
not
been
put
in
due
Execution
,
as
our
Soveraign
Lord
the
King
perceived
by
divers
and
grievous
complaints
to
him
made
in
this
present
Parliament
.
§
1.
N.
8.
The
same
our
Lord
the
King
willing
hereof
to
provide
a
better
remedy
,
Riot
.
by
the
advice
and
assent
aforesaid
,
and
at
the
suit
of
the
said
Commons
hath
ordained
and
established
,
that
if
default
be
found
in
the
said
two
Iustices
of
the
Peace
,
or
Iustices
of
Assise
,
and
the
Sheriff
or
under
Sheriff
of
the
County
,
where
such
Riot
,
Assembly
or
Rout
shall
be
made
,
touching
the
Execution
that
they
ought
to
make
by
Virtue
of
the
said
Statute
,
(
viz.
13.
H.
4.
Cap.
7.
)
and
whereof
the
said
Statute
maketh
mention
,
that
then
at
the
instance
of
the
party
greived
,
the
Kings
Commission
shall
go
out
under
his
great
Seal
,
to
enquire
as
well
of
the
truth
of
the
Case
,
and
of
the
Original
matter
for
the
party
Complainant
,
as
of
the
Default
or
Defaults
,
of
the
said
Iustices
,
Sheriff
or
under
Sheriff
in
this
behalf
,
supposed
to
be
directed
to
sufficient
and
indifferent
persons
,
at
the
nomination
and
by
the
direction
of
the
Chancellor
of
the
Realm
of
England
.
§
1.
N.
9.
And
that
the
said
Commissioners
presently
shall
return
into
the
Chancery
,
the
Enquests
and
matters
before
them
,
Return
.
in
this
behalf
taken
and
found
,
§
1.
N.
10.
And
moreover
that
the
Coroners
of
the
same
County
for
the
time
being
,
Enquest
.
in
which
Country
such
Riot
,
Assembly
and
Rout
shall
be
made
,
shall
make
the
Pannel
upon
the
said
Commission
,
returnable
for
the
time
that
the
Sheriff
so
supposed
in
default
shall
continue
in
his
Office
.
Enquest
.
Which
Coroners
shall
return
no
persons
,
§
1.
N.
11.
but
only
such
which
have
Lands
,
Tenements
or
Rents
,
to
the
value
of
ten
pounds
by
the
year
at
least
.
Coron.
And
also
that
the
same
Coroners
shall
return
upon
every
of
the
said
persons
impanelled
at
the
first
day
when
Issues
be
to
be
left
,
20
s.
at
least
,
§
1.
N.
12.
and
at
the
second
day
,
40
s.
at
least
,
and
at
the
third
day
,
100
s
at
least
,
and
at
every
day
after
the
double
at
the
least
;
which
Issues
so
returned
in
respect
of
nonappearances
of
such
persons
Impanelled
,
shall
be
adjudged
as
forfeit
to
the
King
and
Lyable
to
his
use
.
Return
.
And
if
default
be
found
in
the
said
Coroners
,
§
1.
N.
13.
touching
the
returne
of
such
persons
to
be
Impanelled
,
or
touching
the
return
of
such
Issues
as
afore
is
said
,
that
every
of
them
shall
forfeit
to
the
Kings
use
Forty
pounds
.
Sheriff
.
And
if
it
happen
the
said
Sheriff
,
so
reputed
in
default
,
§
1.
N.
14.
be
discharged
of
his
Office
at
the
time
that
such
Commission
shall
be
awarded
out
of
the
Chancery
,
that
then
the
new
Sheriff
of
the
same
County
,
his
Successor
mediat
or
immediat
for
the
time
being
,
and
not
the
Coroners
of
the
same
County
shall
make
the
Pannel
upon
this
Commission
retornable
,
in
manner
and
form
as
the
said
Coroners
should
do
in
time
when
the
Sheriff
,
so
reputed
in
default
Continued
in
his
Office
.
Sheriff
.
And
that
the
same
new
Sheriff
,
§
1.
N.
15.
shall
incur
like
pain
of
Forty
pounds
to
the
King
,
if
any
default
in
him
be
found
,
touching
the
returne
of
other
person
by
him
Impannelled
,
which
have
not
Lands
,
Tenements
or
Rents
,
to
the
valve
of
Ten
pounds
by
the
Year
,
or
of
returning
such
Issues
,
which
the
Coroners
be
above
charged
to
return
,
as
the
said
Coroners
are
to
lose
to
the
King
in
this
behalf
.
Chancery
.
And
that
the
Chancellour
of
England
,
§
1.
N.
16.
for
the
time
being
as
soon
as
he
may
have
knowledge
of
such
Riot
,
Assembly
or
Rout
,
shall
cause
to
be
sent
the
Kings
Writ
,
to
the
Iustices
of
the
Peace
,
and
to
the
Sheriff
or
under
Sheriff
of
the
County
,
where
they
be
so
made
,
that
they
shall
put
the
Statute
,
(
viz.
13
H.
4.
Cap.
7.
)
in
Execution
upon
the
pain
Contained
in
the
same
.
Execution
.
And
though
that
such
Writ
come
not
to
the
said
Iustices
,
§
1.
N.
17.
Sheriff
or
under
Sheriff
,
they
shall
not
be
excused
of
the
pain
aforesaid
,
if
they
make
not
Execution
of
the
said
Statute
,
(
viz.
13.
H.
4.
Cap.
7.
)
Fees
.
Provided
alwayes
that
the
said
Iustices
,
§
2.
N.
1.
and
other
Officers
aforesaid
shall
execute
their
offices
aforesaid
,
at
the
Kings
costs
in
going
and
Continuing
in
doing
their
said
Offices
by
payment
thereof
to
be
made
by
the
Sheriff
of
the
same
County
,
for
the
time
being
by
Indenture
betwixt
the
Sheriff
and
the
said
Iustices
and
other
Officers
aforesaid
,
to
be
made
of
the
payment
aforesaid
,
whereof
the
said
Sheriff
upon
his
account
in
the
Exchequer
may
have
due
allowance
.
Riot
.
And
that
such
Rioters
attainted
of
great
and
hainous
Riots
shall
have
one
whole
years
Imprisonment
at
the
least
without
being
let
out
of
Prison
by
Bayl
,
Mainprise
,
or
in
other
manner
,
§
2.
N.
2.
during
the
year
aforesaid
.
Imprisonment
.
And
that
the
Rioters
,
attainted
of
pety
Riots
,
§
2.
N.
3.
shall
have
Imprisonment
as
best
shall
seem
meet
,
to
the
King
,
or
to
his
Counsel
.
Americament
.
And
that
the
Fines
of
such
Rioters
attainted
,
§
2.
N.
4.
shall
be
by
the
said
Iustices
increased
and
put
to
greater
sums
then
they
were
wont
to
be
put
in
such
cases
,
before
the
time
in
aid
and
Supportation
of
the
Iustices
and
other
Officers
aforesaid
in
this
behalf
.
Process
.
And
that
the
Kings
Leige
people
being
sufficient
to
Travel
in
the
County
,
where
such
Routs
,
Assemblies
or
Riots
be
,
§
2.
N.
5.
shall
be
Assistant
to
the
Iustices
,
Commissioners
,
and
Sheriff
or
under
Sheriff
,
in
aid
to
resist
such
Riots
,
Routs
and
Assemblies
upon
pain
of
Imprisonment
,
and
to
make
Fine
and
Ransom
to
the
King
.
Franchise
.
And
that
the
Bayliffs
of
Franchises
shall
cause
to
be
Impannelled
sufficient
persons
as
before
,
§
2.
N.
6.
upon
pain
to
loose
to
the
King
Forty
pounds
in
case
that
such
sufficient
persons
may
be
found
within
the
same
Franchises
.
§
2.
N.
7.
And
that
like
Ordinances
and
payments
shall
hold
place
and
take
effect
in
Cities
,
Burroughs
and
other
places
and
Towns
,
Corporation
Infranchised
which
have
Iustices
of
the
Peace
,
within
the
Cities
,
Burroughs
Towns
,
and
other
places
aforesaid
.
§
2.
N.
8.
And
that
this
Statute
shall
begin
to
hold
place
presently
after
the
Proclamation
thereof
made
.
Dayes
.
Cap.
9.
§
2.
N.
1.
Provided
alwayes
that
the
suggestions
of
such
Riots
(
viz.
by
persons
fled
to
places
unknown
)
be
testified
to
the
Chancellor
of
England
,
Riot
.
by
Letters
sealed
under
the
Seals
of
two
Iustices
of
Peace
at
the
least
,
and
the
Sheriff
of
the
County
where
such
Riots
shall
be
made
,
before
that
the
Writ
of
Capias
be
granted
(
8
H.
6.
Cap.
14.
§
2.
N.
1.
)
2
H.
5.
St.
2.
p.
217.
Our
Lord
the
King
at
his
Parliament
holden
at
Westminster
the
Monday
next
after
the
Utas
of
St.
Martin
,
the
second
year
of
his
Reign
,
Parliament
.
by
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
special
Instance
and
request
of
the
Commons
of
his
Realm
then
there
Assembled
,
hath
ordained
and
established
,
divers
Ordinances
and
Statutes
,
in
the
manner
and
form
as
followeth
.
Cap.
1.
First
,
Justices
.
that
the
Iustices
of
the
Peace
from
henceforth
to
be
made
within
the
Counties
of
England
,
shall
be
made
of
most
sufficient
persons
dwelling
in
the
same
Counties
,
by
the
advice
of
the
Chancellor
,
and
of
the
Kings
Counsel
,
without
taking
other
persons
dwelling
in
Forraign
Counties
to
execute
such
Office
,
except
the
Lords
and
the
Iustices
of
Assises
,
now
named
and
to
be
named
,
by
the
King
and
his
Counsel
;
and
except
all
the
Kings
cheif
Stewards
of
the
Lands
and
Seigniories
of
the
Dutchy
of
Lancaster
,
in
the
North
parts
,
and
in
the
South
for
the
time
being
.
3
H.
5.
St.
2.
C.
7.
§
1.
N.
3.
And
that
the
Iustices
of
Peace
through
the
Realm
,
Mony
.
shall
have
power
by
the
Kings
Commissions
,
to
enquire
of
all
such
matters
,
(
viz.
as
well
of
Counterfeiting
and
of
bringing
of
false
mony
into
the
Realm
,
as
of
clipping
,
washing
and
every
other
Falsity
of
the
said
mony
)
and
thereupon
make
Process
by
Capias
only
against
these
which
before
them
,
shall
be
thereof
Indicted
.
8
H.
5.
C.
3.
§
1
N.
4
And
the
Iustices
of
Peace
shall
have
power
to
enquire
thereof
,
Mettle
.
(
viz.
of
Guilding
or
Silvering
of
Mettles
,
&c.
)
and
that
to
determin
.
Statuta
Hen.
6.
2
H.
6.
Cap.
8.
§
2.
N.
2.
AND
that
the
Iustices
of
Peace
within
the
Counties
,
Ireland
.
and
the
Mayors
and
Bailiffs
within
Cities
and
Burroughs
Enfranchised
,
have
power
to
take
before
them
,
(
viz.
of
Irish
men
that
enter
this
Realm
)
such
manner
of
Surety
of
good
abearing
,
and
to
do
Execution
upon
them
which
shall
abide
,
or
do
against
the
said
Ordinances
,
from
henceforth
.
C.
11.
§
1.
N.
5.
And
the
Iustices
of
Peace
in
all
Counties
of
England
and
Mayors
and
Bailiffs
having
power
to
enquire
of
the
Peace
,
shall
enquire
,
Measures
.
hear
and
determin
all
the
same
defaults
,
(
viz.
in
the
Contents
of
Vessels
of
Wine
,
Eels
,
Herring
,
Salmon
,
&c.
)
C.
14.
§
1.
N.
8.
And
the
Iustices
of
Peace
,
Mayors
and
Bailiffs
,
Mettle
.
and
all
others
having
power
as
Iustices
of
Peace
,
shall
hear
,
enquire
and
determin
,
(
Viz.
of
Gold-smiths
,
and
others
not
working
Silver
by
the
touch
or
Sterling
allay
)
by
Bill
,
Plaint
or
in
other
manner
,
all
that
do
contrary
to
the
said
Ordinances
,
and
thereof
make
due
Execution
by
their
discretions
.
6
H.
6.
Cap.
3.
The
Iustices
of
Peace
,
and
cheif
Officers
in
Cities
,
Apprentice
.
&c.
shall
make
Proclamation
,
what
every
Artificer
and
Workman
shall
take
for
Wages
,
and
the
Penalty
of
a
Servant
,
Artificer
or
Labourer
,
that
taketh
more
.
8
H.
6.
Cap.
5.
§
2.
N.
7.
And
that
the
Iustices
of
Peace
,
Mayors
,
Measures
.
Bailiffs
and
Stewards
of
Franchises
,
have
power
by
Authority
aforesaid
,
to
Examin
the
Trespassers
in
this
Case
,
(
viz.
of
false
Weights
)
and
to
enquire
in
special
of
Offenders
against
this
Ordinance
,
and
to
do
Execution
of
them
that
be
found
faulty
by
Enquests
,
or
by
Examination
to
be
made
by
the
said
Iudges
,
or
Officers
in
this
case
,
in
the
manner
as
afore
is
said
.
Force
.
Item
,
Whereas
by
the
noble
King
Richard
late
King
of
England
,
Cap.
9.
after
the
Conquest
the
second
,
at
his
Parliament
holden
at
Westminster
,
the
Morrow
after
All
Souls
,
the
fifteenth
year
of
his
Reign
,
(
viz.
15
R.
2.
Cap.
2.
)
amongst
other
things
it
was
Ordained
and
Established
,
that
the
Statutes
and
Ordinances
made
and
not
repealed
,
of
them
that
make
Entries
with
strong
hand
into
Lands
or
Tenements
,
or
other
Possessions
whatsoever
,
and
them
hold
with
Force
;
and
of
them
that
make
Insurrections
,
Riots
,
Routs
,
Ridings
and
Assemblies
,
in
disturbance
of
the
Peace
,
or
of
the
Common
Law
,
or
in
affray
of
the
People
,
should
be
holden
and
fully
Executed
.
Justices
.
And
moreover
it
is
ordained
by
the
same
Statute
,
(
Viz.
15
R.
2.
§
1.
N.
2.
Cap.
2.
§
1.
N.
2.
)
that
at
all
times
that
such
forcible
Entries
be
made
,
and
complaint
thereof
come
to
the
Iustices
of
Peace
,
or
any
of
them
,
that
the
same
Iustices
or
Iustice
,
shall
take
the
power
of
the
County
,
and
shall
go
,
or
one
of
them
shall
go
to
the
place
where
such
force
is
made
.
Force
.
And
(
viz.
15
R.
2.
Cap.
2.
§
1.
N.
3.
)
if
they
find
,
§
1.
N.
3.
or
he
findeth
any
holding
of
such
place
forcibly
after
such
Entry
made
,
they
should
be
taken
and
put
in
the
next
Goal
,
there
to
remain
convicted
by
the
Record
of
the
same
Iustices
or
Iustice
,
until
they
have
made
Fine
and
Ransom
to
the
King
.
Process
.
And
(
viz.
15
R.
2.
Cap.
2.
§
1.
N.
4.
§
1.
N.
4.
)
that
all
the
people
of
the
County
,
as
well
Sheriffs
as
others
,
shall
be
attending
to
the
said
Iustices
,
and
assist
them
to
arrest
such
Malefactors
,
upon
pain
of
Imprisonment
,
and
to
make
Fine
and
Ransom
to
the
King
.
Church
.
And
(
viz.
15
R.
2.
Cap.
2.
§
1.
N.
5.
§
1.
N.
5.
)
that
in
the
same
manner
be
done
of
them
that
make
forcible
Entries
into
Benifices
or
Offices
of
holy
Church
,
as
in
the
same
Statute
is
contained
more
at
Large
.
Collusion
.
And
for
that
the
said
Statute
,
(
viz.
15
R.
2.
Cap.
2.
§
2.
N.
1.
)
doth
not
extend
to
Entries
in
Tenements
in
peaceable
manner
and
after
holden
with
force
,
nor
if
the
persons
which
enter
with
force
into
Lands
or
Tenements
be
removed
or
voided
,
before
the
coming
of
the
said
Iustices
or
Iustice
,
as
before
,
nor
any
Pain
ordained
,
if
the
Sheriff
do
not
obey
the
Commands
and
Precepts
of
the
said
Iustices
,
for
to
execute
the
said
Ordinances
,
many
wrongful
and
forcible
Entries
be
daily
made
in
Lands
and
Tenements
by
such
as
have
no
Right
,
and
also
divers
Gifts
,
Feoffments
,
and
Discontinuances
sometimes
made
to
Lords
,
and
other
puissant
Persons
and
Extortioners
,
within
the
said
Counties
where
they
be
conversant
,
to
have
Maintenance
;
and
sometimes
to
such
persons
as
be
unknown
to
them
,
so
put
out
,
to
the
intent
to
delay
and
defraud
such
rightful
Possessions
of
their
right
and
recovery
for
ever
,
to
the
final
Disherison
of
divers
of
the
Kings
faithful
Leige-people
,
and
likely
daily
to
encrease
,
if
due
remedy
be
not
provided
in
this
behalf
.
Assurances
.
Our
Lord
the
King
considering
the
Premises
,
§
2.
N.
2.
hath
ordained
that
the
said
Statute
,
(
viz.
15
R.
2.
Cap.
2.
)
and
all
other
Statutes
of
such
Entries
of
Alienations
made
in
times
past
,
shall
be
holden
and
duly
Executed
.
Force
.
Ioyned
to
the
same
,
(
viz.
to
15.
R.
2.
Cap.
2.
)
that
from
henceforth
where
any
doth
make
any
forcible
Entry
in
Lands
and
Tenements
,
§
2.
N.
3.
or
other
Possessions
,
or
them
hold
forcibly
,
after
Complaint
thereof
made
within
the
same
County
where
such
Entry
is
made
to
the
Iustices
of
Peace
,
or
to
one
of
them
,
by
the
party
grieved
,
that
the
Iustices
or
Iustice
so
warned
within
a
convenient
time
,
shall
cause
,
or
one
of
them
shall
cause
the
said
Statute
,
(
viz.
15.
R.
2.
Cap.
2.
)
duly
to
be
Executed
,
and
that
at
the
costs
of
the
Party
so
grieved
.
Enquest
.
And
moreover
,
§.
3.
N.
1.
though
that
such
persons
making
suh
Entries
be
present
,
or
else
departed
before
the
coming
of
the
said
Iustices
or
Iustice
,
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
forcible
entries
into
Lands
and
Tenements
,
as
of
them
which
the
same
hold
with
force
.
§
3.
N.
2.
And
if
it
be
found
before
any
of
them
that
any
doth
contrary
to
this
Statute
,
then
the
said
Iustices
or
Iustice
,
Justices
.
shall
cause
to
be
reseised
the
Lands
and
Tenements
so
entred
or
holden
as
aforesaid
,
and
shall
put
the
Party
so
put
out
,
in
full
possession
of
the
same
Lands
and
Tenements
,
so
entred
or
holden
as
before
.
§
3.
N.
3.
And
if
any
person
after
such
entry
into
Lands
and
Tenements
holden
with
force
,
make
a
Feoffment
or
other
Discontinuance
,
Assurances
:
to
any
Lord
or
other
person
to
have
Maintenance
,
or
to
take
away
and
defraud
the
Possession
of
his
recovery
in
any
wise
;
if
after
in
Assise
,
or
other
Action
thereof
to
be
taken
,
or
persued
before
the
Iustices
of
Assises
or
other
the
Kings
Iustices
whatsoever
,
by
due
enquiry
thereof
to
be
taken
,
the
same
Feoffments
and
Discontinuances
may
be
duly
proved
to
be
made
for
Maintenance
as
afore
is
said
,
that
then
such
Feoffments
,
or
other
Discontinuances
so
as
before
made
,
shall
be
Void
,
Frustrate
and
holden
for
none
.
§
4.
N.
1.
And
also
when
the
said
Iustices
or
Iustice
,
Process
.
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
of
the
Kings
behalf
,
to
cause
to
come
before
them
and
every
of
them
,
sufficent
and
indifferent
persons
,
dwelling
next
about
the
Lands
so
entred
as
before
,
to
enquire
of
such
Entries
.
§
4.
N.
2.
Whereof
every
man
which
shall
be
impannelled
,
Enquest
.
to
enquire
in
this
behalf
,
shall
have
Lands
or
Tenements
of
the
yearly
value
of
forty
shillings
at
the
least
by
the
year
,
above
Reprises
.
§
4.
N.
3.
And
that
the
Sheriff
return
Issue
upon
every
of
them
at
the
day
of
the
first
Precept
returnable
twenty
shillings
,
Sheriffs
.
and
at
the
second
day
forty
shillings
,
and
at
the
third
an
hundred
shillings
,
and
at
every
day
after
the
double
.
§
4.
N.
4.
And
if
any
Sheriff
or
Bailiff
within
a
Franchise
,
Return
.
having
return
of
the
Kings
Writ
,
be
slack
,
and
make
not
Execution
duly
of
the
said
Precepts
to
him
directed
to
make
such
Enquiries
,
that
he
shall
forfeit
to
the
King
twenty
pounds
for
every
Default
,
and
moreover
shall
make
Fine
and
Ransom
to
the
King
.
§
5.
N.
1.
And
that
as
well
the
Iustices
or
Iustice
aforesaid
,
Justices
.
as
the
Iustices
of
Assises
and
every
of
them
,
at
their
coming
into
the
County
to
take
Assises
shall
have
,
and
every
of
them
shall
have
Power
to
hear
and
determin
,
such
Defaults
and
Negligencies
of
the
said
Sheriffs
and
Bailiffs
,
and
every
of
them
,
as
well
by
Bill
at
the
Suit
of
the
Party
greived
,
for
himself
as
for
the
King
,
to
sue
by
Indictment
only
to
be
taken
for
the
King
.
§
5.
N.
2.
And
if
the
Sheriff
or
Bailiff
be
duly
attainted
in
this
behalf
,
by
Indictment
or
by
Bill
,
that
he
which
sueth
for
himself
and
for
the
King
,
Sheriffs
.
have
the
one
Moyety
of
the
Forfeiture
of
twenty
pounds
,
together
with
his
Costs
and
Expences
.
§
5.
N.
3.
And
that
the
same
Process
be
made
against
such
persons
Indicted
,
or
sued
by
Bill
in
this
behalf
,
Process
as
should
be
against
Persons
Indicted
or
sued
by
Writ
of
Trespass
,
done
with
force
and
Arms
against
the
Peace
of
the
King
.
§
6.
N.
1.
And
moreover
if
any
Person
be
put
out
or
disseized
of
any
Lands
or
Tenements
in
forcible
manner
,
or
put
out
peaceably
,
Disseisor
.
and
after
holden
out
with
strong
hand
,
or
after
such
Entry
any
Feoffment
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
Assise
of
Novel
Disseisin
,
or
a
Writ
of
Trespass
against
such
Disseisor
.
§
5.
N.
2.
And
if
the
Party
grieved
,
Force
.
recover
by
Assise
or
by
a
Action
of
Trespass
,
and
it
be
found
by
Verdict
,
or
in
other
manner
by
due
form
in
the
Law
,
that
the
Party
Defendant
entred
with
force
into
the
Lands
and
Tenements
,
or
them
after
his
entry
did
hold
with
force
,
that
the
Plaintiff
shall
recover
his
treble
Damages
against
the
Defendant
.
§
6.
N.
3.
And
moreover
that
he
make
Fine
and
Ransom
to
the
King
.
Amercement
.
§
6.
N.
4.
And
that
Mayors
,
Iustices
or
Iustice
of
the
Peace
,
Sheriffs
and
Bailiffs
of
Cities
,
Justices
.
Towns
and
Boroughs
having
Franchise
have
in
the
said
Cities
,
Towns
and
Boroughs
,
like
power
to
remove
such
Entries
,
and
in
other
Articles
aforesaid
rising
within
the
same
,
as
the
Iustices
of
Peace
and
Sheriffs
,
in
Counties
and
Countries
aforesaid
have
.
Force
.
Provided
always
,
§
7.
N.
1.
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
.
Riot
.
Our
Lord
the
King
,
&c.
hath
ordained
&c.
that
the
said
Statute
,
C.
14.
§
1.
N.
15.
(
viz.
2
H.
5.
Cap.
9.
)
shall
now
be
kept
,
and
firmly
holden
for
a
Statute
for
ever
,
&c.
Certificat
.
Provided
always
,
§
2.
N.
1.
that
it
be
testified
by
two
Iustices
of
Peace
of
the
Counties
where
such
Riot
shall
be
supposed
that
the
common
Fame
and
Voice
runneth
in
the
same
Counties
of
the
same
Riots
,
before
that
the
Writ
of
Capias
shall
be
awarded
.
(
2
H.
5.
Cap.
9.
§
2.
N.
1.
)
Indictment
.
Item
,
11
H.
6.
C.
6.
Our
Lord
the
King
considering
the
great
Losses
and
Damages
which
often
times
have
come
,
and
be
like
co
come
hereafter
,
as
well
to
himself
as
to
many
of
his
Leiges
,
for
that
where
as
well
divers
Indictments
and
Suits
for
our
Lord
the
King
,
as
other
Suits
between
party
and
party
,
have
been
taken
before
divers
Iustices
of
the
Peace
Assigned
by
several
Commissions
of
our
said
Lord
the
King
in
divers
Counties
of
England
,
and
divers
Pleas
and
Processes
upon
these
Indictments
have
been
often
made
,
and
hanging
before
the
same
Iustices
not
determined
,
the
which
Pleas
and
Processes
have
been
often
Discontinued
,
by
making
new
Commissions
of
the
Peace
in
those
Counties
,
to
the
great
Loss
of
our
said
Lord
the
King
and
of
his
Subjects
,
in
delay
of
the
same
Pleas
and
Suits
,
and
of
the
Deliverance
of
his
said
Subjects
.
Abatement
.
And
upon
that
our
Lord
the
King
willing
to
provide
remedy
of
the
Assent
and
Authority
abovesaid
,
hath
Ordained
and
Established
,
§
1.
N.
2.
that
in
all
such
Pleas
,
Suits
and
Processes
,
in
them
to
be
taken
and
to
be
made
before
Iustices
of
Peace
in
any
County
of
England
,
the
said
Pleas
and
Processes
in
such
Suits
to
be
done
,
shall
not
be
discontinued
by
such
new
Commissions
of
the
Peace
to
be
made
,
but
these
Pleas
and
Processes
shall
stand
in
their
force
.
Justices
.
And
the
Iustices
in
the
same
new
Commission
so
Assigned
,
§
1.
N.
3.
after
that
they
shall
have
the
Records
of
the
same
Pleas
and
Processes
before
them
,
shall
have
Power
and
Authority
to
continue
the
said
Pleas
and
Processes
,
and
the
same
Pleas
and
Processes
and
all
that
depend
upon
them
,
to
hear
and
finally
to
determin
,
as
the
other
Iustices
might
and
ought
to
have
done
of
and
in
the
same
,
if
no
new
Commission
had
been
made
.
Wax
.
And
that
as
well
every
Iustice
of
Peace
in
the
County
where
he
is
Iustice
,
as
Mayors
and
Bailiffs
within
Cities
and
Boroughs
,
C.
12.
§
1.
N.
4.
Stewards
of
Lords
within
the
Franchises
of
their
Lords
,
have
Power
and
Authority
,
to
Examin
and
Search
,
(
viz.
those
that
sell
Wax-Candles
too
dear
)
as
well
by
Weights
of
such
Candles
,
Images
,
Figures
and
other
Works
of
Wax
,
as
in
other
manner
by
their
Discretion
,
and
all
them
that
any
thing
shall
hereafter
do
against
this
Statute
,
and
to
punish
them
that
by
such
Examination
and
Search
shall
be
found
guilty
in
the
form
abovesaid
.
Dayes
.
Item
,
Whereas
it
was
Ordained
by
a
Statute
,
(
viz.
12
Rich.
2.
14
H.
6.
C.
4.
Cap.
10.
§
1.
N.
2.
)
that
the
Iustices
of
Peace
of
all
the
Counties
of
England
for
the
time
being
,
should
sit
and
hold
all
their
Sessions
four
times
by
the
year
,
to
Enquire
and
Execute
all
Charges
contained
in
their
Commission
,
which
they
be
sworn
to
do
according
to
the
form
of
the
Statute
,
upon
a
great
pain
,
as
by
the
same
Statute
more
fully
appeareth
.
Justices
.
Our
Lord
the
King
considering
that
all
the
high
Courts
be
set
and
holden
in
the
County
of
Midlesex
,
§
1.
N.
2.
continually
during
all
the
four
times
of
the
Term
,
by
which
time
of
Term
,
the
Commons
Inhabiting
in
and
of
the
same
County
,
must
attend
from
time
to
time
to
Enquire
of
all
the
Articles
to
the
said
Courts
belonging
,
as
Reason
and
Law
requireth
,
and
that
presently
after
every
of
the
said
Terms
ended
,
the
said
Iustices
of
the
said
County
do
sit
and
hold
their
Sessions
in
the
same
County
as
they
ought
to
do
by
force
of
the
said
Statute
,
(
viz.
12
R.
2.
Cap.
10.
§
1.
N.
2.
)
more
to
avoid
the
said
Penalty
than
for
any
other
necessary
thing
there
to
be
required
,
at
which
Sessions
they
cause
to
come
before
them
,
a
great
part
of
the
Inhabitants
and
Commons
of
the
said
County
of
Midlesex
,
to
enquire
of
all
manner
of
things
,
as
to
them
is
given
in
charge
,
and
by
that
means
they
be
charged
and
vexed
throughout
all
the
year
,
as
well
out
of
the
time
of
Term
as
in
the
time
of
Term
,
so
that
they
have
no
rest
nor
time
to
do
their
Husbandry
and
their
Labour
,
to
get
their
Living
in
any
wise
,
to
their
utter
undoing
,
if
they
be
not
releived
in
this
behalf
.
§
1.
N.
3.
Therefore
the
same
our
Lord
the
King
willing
in
this
case
to
provide
for
them
a
Remedy
,
hath
Ordained
,
by
the
Advise
and
Assent
aforesaid
,
Peace
.
and
at
the
Request
of
the
said
Commons
of
the
Realm
,
that
the
Iustices
of
Peace
which
now
be
,
and
all
other
hereafter
for
the
time
being
in
the
said
County
of
Midlesex
,
shall
be
clearly
discharged
of
the
said
Penalty
by
Authority
of
the
same
Parliament
from
henceforth
,
the
Court
of
Kings
Bench
being
set
in
the
said
County
of
Midlesex
.
§
1.
N.
4.
Provided
always
that
the
said
Iustices
of
Peace
of
the
said
County
of
Midlesex
for
the
time
being
,
keep
,
Force
.
observe
and
execute
the
Court
of
the
Sessions
of
the
Peace
,
two
times
in
the
year
at
least
,
and
more
often
if
need
be
,
for
any
Riot
,
or
forcible
Entry
made
within
the
same
County
of
Midlesex
,
and
that
upon
the
Pain
and
Forfeiture
of
such
Sums
as
be
for
that
ordained
,
by
any
Law
made
before
this
time
,
to
the
end
and
intent
,
that
the
said
Commons
and
Inhabitants
of
the
said
County
of
Midlesex
,
be
not
enforced
nor
compelled
to
appear
before
the
Iustices
of
Peace
of
the
same
County
for
the
time
being
,
but
at
such
time
which
shall
seem
by
the
Discretion
of
the
same
Iustices
of
Peace
necessary
and
behoofeful
,
25
Ed
,
3.
Cap.
8.
&
36
Ed.
3.
Cap.
12.
12
R.
2.
Cap.
10.
§
1.
N.
2.
&
2
H.
5.
Cap.
4.
§
2.
N.
2.
18
H.
6
cap.
11.
Item
,
Whereas
by
Statutes
,
(
viz.
1
E
3.
Cap.
16.
§
1.
N.
2.
Justices
.
18
E.
3.
St.
2.
Cap.
2.
&
13
R.
2.
Cap.
7.
&
17
R.
2.
Cap.
10.
§
N.
2.
)
made
in
the
time
of
the
Kings
noble
Progenitors
,
it
was
Ordained
that
in
every
County
of
England
,
Iustices
should
be
Assigned
of
the
most
worthy
of
the
same
Counties
to
keep
the
Peace
,
and
to
do
other
things
as
in
the
same
Statutes
fully
is
contained
,
which
Statutes
notwithstanding
now
of
late
in
many
Counties
of
England
,
the
greatest
number
have
been
Deputed
and
Assigned
,
which
before
this
time
were
not
wont
to
be
,
whereof
some
be
of
small
Behaviour
,
by
whom
the
People
will
not
be
Governed
nor
Ruled
,
and
some
for
their
necessity
do
great
Extortion
and
Oppression
upon
the
People
,
whereof
great
Inconveniences
be
likely
to
rise
daily
,
if
the
King
thereof
do
not
provide
Remedy
.
§
1.
N.
2.
The
King
willing
against
such
Inconveniences
to
provide
Remedy
,
Ability
.
hath
Ordained
and
Established
by
Authority
aforesaid
,
that
no
Iustices
of
Peace
within
the
Realm
of
England
in
any
County
,
shall
be
Assigned
or
Deputed
,
if
he
have
not
Lands
and
Tenements
to
the
value
of
20
l.
by
year
.
§
1.
N.
3.
And
if
any
be
Ordained
hereafter
to
be
Iustices
of
Peace
in
any
County
,
which
hath
not
Lands
or
Tenements
to
the
value
aforesaid
,
Justices
.
that
he
thereof
shall
give
knowledge
to
the
Chancellor
of
England
for
the
time
being
,
which
shall
put
another
Sufficient
in
his
place
.
§
1.
N.
4.
And
if
he
give
not
the
said
knowledge
as
before
,
Notice
.
within
a
Month
after
that
he
hath
notice
of
such
Commission
,
or
if
he
sit
,
or
make
any
Warrant
or
Precept
by
force
of
such
Commission
,
he
shall
incur
the
Penalty
of
20
l.
and
nevertheless
be
put
out
of
the
Commission
as
before
.
§
1.
N.
5.
And
the
King
shall
have
one
half
of
the
said
Penalty
,
Forfeiture
.
and
he
that
will
sue
for
the
King
the
other
half
,
and
he
that
will
sue
for
the
King
and
for
himself
,
shall
have
an
Action
to
demand
the
same
Penalty
,
by
Writ
of
Debt
at
the
Common
Law
.
§
2.
N.
1.
Provided
always
,
that
this
Ordinance
shall
not
extend
to
Cities
,
Corporation
.
Towns
or
Boroughs
which
be
Counties
Incorporate
of
themselves
,
nor
to
Cities
,
Towns
or
Boroughs
,
which
have
Iustices
of
Peace
of
Persons
dwelling
in
the
same
by
Commission
,
or
Warrant
of
the
King
or
of
his
Progenitors
.
Ability
.
Provided
also
,
§
2.
N.
2.
that
if
there
be
not
sufficient
Persons
having
Lands
and
Tenements
to
the
value
aforesaid
,
learned
in
the
Law
,
and
of
good
Governance
within
any
such
County
,
that
the
Chancellor
of
England
for
the
time
being
,
shall
have
power
to
put
other
discreet
persons
learned
in
the
Law
in
such
Commissions
,
though
they
have
not
Lands
or
Tenements
to
the
value
aforesaid
,
by
his
Discretion
.
War
.
And
if
it
be
found
by
Enquiry
before
Iustices
of
Peace
and
proved
,
C.
19.
§
2.
N.
5.
that
they
,
(
viz.
Souldiers
)
have
so
mustred
of
Record
,
and
departed
from
their
Captains
aforesaid
,
(
viz.
within
the
term
of
retainer
)
without
Licence
as
afore
is
said
,
(
viz.
under
Seal
of
Captain
for
Sicknes
&c.
)
that
then
they
shall
be
punished
as
Felons
.
Sheriffs
.
And
that
the
Iustices
of
Assises
in
their
Sessions
,
23
H.
6.
C.
10.
§
2.
N.
13.
&c.
and
Iustices
of
Peace
in
their
County
,
shall
have
power
to
enquire
,
hear
and
determin
of
Office
without
special
Commission
,
of
and
upon
all
them
,
(
viz.
Sheriffs
,
Bailiffs
,
Coroners
,
&c.
)
that
do
contrary
to
these
Ordinances
,
in
any
Article
or
point
of
the
same
.
Fees
.
And
the
Iustices
of
the
Kings
Bench
and
of
the
Common-place
,
C.
11.
§
3.
N.
1.
Iustices
of
Assises
and
Goal-delivery
,
and
Iustices
of
Peace
in
every
County
,
shall
have
power
to
enquire
,
hear
and
determin
of
all
the
said
Defaults
,
as
well
by
Enquiry
at
the
Kings
Suit
as
by
Action
at
the
Suit
of
the
Parties
,
(
viz.
for
undue
levying
of
Wages
of
Knights
of
Shires
of
Parliament
.
Attorney
.
And
if
any
Person
or
Persons
usurp
,
33
H.
6.
C.
7.
§
3.
N.
8.
or
presume
to
be
Atturneys
in
Courts
of
Record
in
the
said
Counties
,
(
viz.
of
Norfolk
or
Suffolk
)
or
City
,
(
viz.
of
Norwich
)
otherwise
then
before
is
specified
,
(
viz.
by
Election
of
the
Justices
,
&c.
)
and
that
found
by
Enquisition
taken
before
the
Iustices
of
Peace
in
the
said
City
or
Counties
,
(
which
shall
have
power
by
Virtue
of
this
Ordinance
to
enquire
thereof
in
their
Sessions
)
or
in
any
other
manner
lawfully
proved
,
that
then
he
or
they
that
so
presume
,
if
they
be
thereof
lawfully
Convict
,
shall
forfeit
twenty
pounds
,
&c.
Statuta
Ed.
4.
Sheriffs
.
BVT
that
the
said
Sheriffs
and
their
Vnder
Sheriffs
,
1
Ed.
4.
C.
2.
§
3.
N.
4.
Clerks
or
Bailiffs
and
their
Ministers
,
shall
bring
,
present
,
and
deliver
all
such
Indictments
,
(
viz.
of
Felony
.
Trespass
,
&c.
)
or
Presentments
taken
before
them
or
any
of
them
,
in
their
Towns
or
Law-days
aforesaid
,
to
the
Iustices
of
Peace
,
at
their
next
Sessions
of
the
Peace
that
shall
be
holden
in
the
County
or
Counties
,
where
such
Indictments
and
Presentments
shall
be
taken
before
the
Iustices
of
such
County
or
Counties
for
the
time
being
.
Indictments
.
And
that
the
said
Iustices
of
Peace
shall
have
Power
and
Authority
to
Award
Process
upon
all
such
Indictments
as
the
Law
doth
require
,
§
3.
N.
6.
and
in
like
form
as
if
the
said
Indictments
and
Presentments
were
taken
before
the
said
Iustices
of
Peace
in
the
said
County
or
Counties
,
and
also
to
Arraign
and
deliver
all
such
Person
or
Persons
so
Indicted
and
Presented
,
before
the
said
Sheriffs
,
Vnder
Sheriffs
,
their
Clerks
,
Bailiffs
and
their
Ministers
or
any
of
them
,
in
their
Towns
or
Law-days
.
Amercement
.
And
all
such
Person
or
Persons
which
be
Indicted
or
Presented
of
Trespass
,
§
3.
N.
7.
shall
make
such
a
Fine
as
shall
seem
lawful
by
their
Discretions
.
Drapery
.
And
that
every
Iustice
of
Peace
for
the
time
being
of
every
County
of
this
Realm
,
throughout
the
same
County
out
of
Cities
,
4
Ed.
4.
C.
●
.
§
6.
N.
●
.
Boroughs
and
Towns
where
any
Mayor
,
Master
,
Warden
,
Bailiff
or
Bailiffs
is
or
be
,
and
shall
have
Power
and
Authority
by
this
Ordinance
,
to
hear
and
determin
the
Complaints
of
every
such
Cloath-maker
and
Labourer
,
as
well
for
Non-paymnt
of
the
said
Labourers
wages
,
as
of
the
said
Forfeiture
and
Dam
ageseby
due
Examination
of
the
Parties
in
this
behalf
,
thereupon
for
nonpayment
of
the
said
Duties
and
Forfeiture
,
and
for
the
said
Damages
,
to
comit
the
said
Offenders
in
this
behalf
,
to
the
next
Goal
within
the
same
County
,
there
to
remain
till
the
said
Duties
,
Forfeitures
and
Damages
be
fully
paid
to
the
said
Labourer
or
Cloath-maker
.
§
6.
N.
4.
And
also
that
every
of
the
said
Iustices
of
Peace
,
Justices
.
&c.
upon
the
Information
or
Complaint
of
any
other
Person
which
is
not
grieved
in
this
behalf
,
shall
have
power
by
the
said
Authority
within
his
Iurisdiction
,
to
cause
the
Party
to
come
before
him
against
whom
such
Information
or
Complaint
shall
be
made
for
Offending
this
Ordinance
,
and
to
examin
him
in
and
upon
the
matter
contained
in
the
same
Information
or
Complaint
.
§
6.
N.
6.
And
that
every
of
the
said
Iustices
of
Peace
,
Process
.
&c.
within
his
Iurisdiction
upon
every
of
the
said
Informations
or
Complaints
,
shall
have
full
power
to
make
like
Process
against
the
Party
upon
whom
any
such
Information
or
Complaint
as
before
is
rehersed
,
shall
be
made
,
to
cause
him
personally
to
appear
before
him
,
thereupon
to
be
examined
,
as
Iustices
of
Peace
have
upon
Information
or
Complaint
made
to
them
for
surety
of
the
Peace
,
without
any
Fee
or
Reward
,
to
be
taken
or
had
by
any
of
the
said
Iustices
,
&c.
12
Ed.
4.
C.
9.
§
6.
N.
14.
And
the
Iustices
of
Peace
in
every
place
Corporate
,
Corporation
.
and
the
Iustices
of
Peace
in
every
other
place
having
Iustices
of
Peace
within
them
,
shall
have
power
to
hear
and
determin
every
such
Forfeiture
,
(
viz.
of
Escheator
not
having
twenty
pound
a
year
,
or
Letting
to
Farm
,
&c.
)
upon
Presentment
thereof
had
before
them
in
their
Sessions
.
§
6.
N.
15.
In
which
Presentment
like
Process
shall
be
had
as
is
used
upon
Indictments
of
Trespass
,
Process
.
done
with
Force
and
Arms
against
the
Kings
Peace
.
17
Ed.
4.
C.
4.
§
1.
N.
13.
And
also
that
the
Iustices
of
Peace
for
the
time
being
within
any
County
of
this
Realm
,
and
every
of
them
shall
have
full
power
to
enquire
,
Masons
.
hear
and
determin
by
their
discretions
,
as
well
by
Examination
or
otherwise
,
the
Defaults
Offences
and
Trespasses
which
shall
happen
to
be
comitted
contrary
to
this
Ordinance
,
(
viz.
of
Tile-makers
)
as
well
at
the
Kings
Suit
,
as
at
the
Parties
which
shall
fell
himself
greived
in
that
behalf
.
§
1.
N.
14.
And
if
it
be
found
or
may
appear
,
Justices
.
to
the
Iustices
of
Peace
or
any
of
them
,
by
Examination
or
otherwise
by
their
Discretion
,
that
any
Person
or
Persons
hath
offended
contrary
to
this
Ordinance
,
that
then
the
same
Iustices
before
whom
it
shall
be
found
or
appear
,
shall
assess
upon
the
Offenders
in
this
behalf
,
no
less
Fine
than
for
every
M.
of
plain-Tile
set
to
sale
contrary
to
this
Ordinance
V
s.
and
for
every
C.
of
Roof-tile
VI
s.
VIII
d.
and
for
every
C.
of
Corner-tile
,
or
Gutter-tile
II
s.
sold
contrary
to
this
Ordinance
,
&c.
§
1.
N.
15.
And
that
the
same
Iustices
shall
have
full
power
to
call
before
them
or
any
of
them
,
at
any
time
and
place
requisite
,
Process
.
such
and
so
many
persons
as
by
their
Discretion
have
or
shall
have
best
experience
in
the
Occupation
of
making
of
Tile
,
to
search
or
examin
in
the
digging
,
casting
,
turning
,
parting
,
making
,
whitning
and
anealing
aforesaid
.
§
1.
N.
18.
And
if
the
same
Searchers
or
any
of
them
do
find
,
Indictment
.
that
any
person
or
persons
exercising
the
Occupation
of
Tile-making
,
do
offend
contrary
to
this
Ordinance
,
that
then
the
same
Searchers
shall
present
such
Defaults
before
the
Iustices
of
Peace
at
their
next
Sessions
.
§
1.
N.
19.
And
that
every
such
Presentment
shall
be
as
strong
and
effectual
in
the
Law
,
as
the
Presentment
of
twelve
men
.
Enquest
.
§
1.
N.
12.
And
that
the
Iustices
of
Peace
shall
have
power
to
examin
,
Justices
.
Enquire
and
determin
the
Defaults
of
such
Searchers
in
the
Premises
,
in
like
form
as
above
is
ordained
for
the
Defaults
of
Tile-makers
.
Statuta
Rich.
3.
Bayl.
BE
it
enacted
,
1
R.
3.
Cap.
3.
§
1.
N.
2.
&c.
that
every
Iustice
of
Peace
in
every
Shire
City
or
Town
,
shall
have
Authority
and
Power
by
his
or
their
Discretion
,
to
Let
such
Prisoners
and
Persons
so
arrested
,
(
Viz.
on
malice
,
or
light
Suspition
of
Felony
)
to
Bail
or
Mainprize
in
like
form
as
though
the
same
Prisoners
or
Persons
were
Indicted
thereof
,
of
record
before
the
same
Iustices
in
their
Sessions
,
3
H.
7.
Cap.
3.
§
1.
N.
7.
and
34
Ed.
3.
1.
§
1.
N.
6.
Coron.
And
that
Iustices
of
Peace
have
Authority
to
Enquire
in
their
Sessions
,
§
1.
N.
3.
of
all
manner
Escapes
of
every
person
Arrested
and
Imprisoned
for
Felony
.
Fines
.
And
it
is
Ordained
&c.
that
a
like
Transcript
of
the
same
Fine
,
Cap.
7.
§
2.
N.
1.
(
viz.
in
C.
B.
)
shall
be
sent
to
the
Iustices
of
Peace
of
the
County
where
the
said
Lands
.
&c.
be
,
they
to
cause
open
and
solemn
Proclamation
of
the
said
Fine
to
be
made
,
at
four
general
Sessions
of
the
Peace
to
be
holden
the
same
year
.
Statuta
Hen.
7.
Forest
.
THE
King
our
Soveraign
Lord
&c.
Ordained
,
1
H.
7.
Cap.
7.
§
1.
N.
3.
that
at
every
such
time
as
Information
shall
be
made
of
any
such
unlawful
Huntings
,
(
viz.
in
Forests
,
Parks
and
Warrens
)
by
night
,
or
with
painted
faces
hereafter
to
be
done
to
any
of
the
Kings
Counsel
,
or
to
any
of
the
Iustices
of
the
Kings
Peace
of
the
County
where
any
such
Hunting
shall
be
had
,
of
any
person
to
be
suspect
thereof
,
that
then
it
shall
be
lawful
to
any
of
the
said
Iustices
of
Peace
or
Counsel
,
to
whom
any
such
Information
shall
be
made
,
to
make
a
Warrant
to
the
Sheriff
of
such
County
,
or
to
any
Constable
,
Bailiff
or
other
Officer
within
the
same
County
,
to
take
and
arrest
the
same
person
or
persons
of
whom
any
such
Information
shall
be
had
,
and
to
have
him
or
them
before
the
Maker
of
any
such
Warrant
,
or
any
other
the
Kings
said
Counsel
,
or
Iustice
of
his
place
of
the
same
County
.
Justices
.
And
that
the
said
Counsellor
or
Iustice
of
Peace
afore
whom
such
person
or
persons
shall
be
brought
,
§
1.
N.
4.
by
his
Discretion
have
power
to
examin
him
or
them
,
so
brought
afore
the
said
Counsellor
or
Iustice
,
of
the
said
Hunting
,
and
of
the
said
Defaults
in
that
behalf
.
Amercement
.
And
if
he
then
confess
truth
,
§
1.
N.
6.
and
all
that
he
shall
be
examined
of
and
knoweth
in
that
behalf
,
that
then
the
said
Offences
of
Huntings
by
him
done
,
be
against
the
King
our
Soveraign
Lord
,
but
Tresspass
Finable
,
by
reason
of
the
same
Confession
at
the
next
general
Sessions
of
the
Peace
,
to
be
holden
in
the
same
County
,
by
the
Kings
Iustices
of
the
same
Sessions
there
to
be
Sessed
.
Enquest
.
And
over
that
,
3
H.
7.
C.
1.
§
1.
N.
4.
(
viz.
besides
the
Star
Chambers
Jurisdictions
)
it
is
Ordained
&c.
that
the
Iustices
of
Peace
of
every
Shire
of
this
Realm
for
the
time
being
,
may
take
by
their
Discretion
an
Enquest
,
whereof
every
man
shall
have
Lands
and
Tenements
to
the
yearly
value
of
forty
shillings
at
the
least
,
to
enquire
of
the
Concealments
of
other
Enquests
taken
afore
them
,
and
afore
other
,
of
such
matters
and
Offences
,
as
are
to
be
enquired
and
presented
before
Iustices
of
Peace
,
whereof
Complaint
shall
be
made
by
Bill
or
Bills
,
as
well
within
Franchis
as
without
.
Amercement
.
And
if
any
such
Concealment
be
found
of
any
Enquest
as
is
afore
rehersed
,
had
or
made
within
the
year
after
the
said
Concealment
,
§
1.
N.
5.
every
person
of
the
same
Enquest
to
be
Amerced
for
the
same
Concealments
,
by
Discretion
of
the
same
Iustices
of
the
Peace
,
the
said
Amercements
to
be
Sessed
in
plain
Sessions
.
§.
1
N.
21.
And
also
Iustices
of
Peace
have
Power
to
enquire
of
such
Escapes
,
Escape
.
(
viz.
of
Murderers
in
the
Day
)
and
that
to
certifie
before
the
King
in
his
Bench.
§
1.
N.
26.
And
also
it
is
Ordained
by
the
same
Authority
,
Peace
.
that
every
Iustice
of
Peace
within
this
Realm
that
shall
take
any
Recognizance
for
the
keeping
of
the
Peace
,
that
the
same
Iustice
do
certifie
,
send
or
bring
the
same
Recognizance
,
at
the
next
Sessions
of
the
Peace
where
he
is
or
hath
been
Iustice
,
that
the
party
so
bound
may
be
called
.
§
1.
N.
27.
And
if
the
party
make
Default
,
Justices
.
the
same
Default
then
there
to
be
recorded
,
and
the
same
Recognizance
with
the
Record
of
the
same
Default
,
be
sent
and
certified
into
the
Chancery
,
or
afore
the
King
in
his
Bench
,
or
into
the
Kings
Exchequer
.
Cap.
3.
§
1.
N.
3.
Wherefore
the
King
,
&c.
hath
ordained
.
Bail
.
&c.
that
the
Iustices
of
Peace
in
every
Shire
,
City
or
Town
,
or
two
of
them
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
have
Authority
and
Power
to
Let
any
such
Prisoners
or
persons
mainpernable
by
the
Law
,
that
have
been
Imprisoned
within
their
several
Counties
,
City
or
Town
,
to
Bail
or
Mainprize
unto
their
next
general
Sessions
,
or
unto
the
next
Goal-Delivery
of
the
same
Goals
in
every
Shire
,
City
or
Town
,
as
well
within
Franchises
as
without
,
where
any
Goals
be
,
or
hereafter
shall
be
,
1
&
2
Ph.
&
Mary
13.
§
1.
N.
2.
§
1.
N.
4.
And
that
the
said
Iustices
of
the
Peace
or
one
of
them
,
Certificate
.
so
taking
any
such
Bail
or
Mainprize
,
do
certifie
the
same
at
the
next
general
Sessions
of
the
Peace
,
or
the
next
Goal-Delivery
of
any
such
Goal
,
within
every
such
County
,
City
or
Town
,
next
following
after
any
such
Bail
or
Mainprize
so
taken
,
upon
pain
to
forfeit
unto
the
King
for
every
Default
thereupon
recorded
,
10
l.
§
1.
N.
7.
And
that
the
foresaid
Act
,
(
viz.
1
R.
3
Cap.
3.
§
1.
N.
2.
Joynder
.
)
giving
Authority
and
Power
in
the
Premisses
to
any
Austice
of
the
Peace
by
himself
,
be
in
that
behalf
utterly
Void
and
of
none
Effect
,
by
Authority
of
this
present
Parliament
.
4
H.
7.
C.
12.
Item
,
The
King
our
Soveraign
Lord
considereth
,
that
by
the
negligence
,
Justices
.
misdemeaning
,
favour
,
and
other
Inordinate
Causes
of
Iustices
of
Peace
in
every
Shire
of
this
his
Realm
,
the
Laws
and
Ordinances
made
for
the
politick-weal
,
peace
and
good-rule
of
the
same
,
and
for
the
profit
,
surety
,
and
restful
living
of
his
Subjects
of
the
same
,
be
not
duly
Executed
,
according
to
the
tenor
and
effect
of
that
they
were
made
and
ordained
for
.
§
1.
N.
2.
Wherefore
his
Subjects
been
greivously
hurt
,
Prerog
.
and
out
of
surety
of
their
Bodies
and
Goods
,
to
his
great
displeasure
;
for
to
him
is
nothing
more
joyous
,
than
to
know
his
Subjects
to
live
peaceably
under
his
Laws
,
and
to
encrease
in
Wealth
and
Prosperity
.
§
1.
N.
3.
And
to
avoid
such
Enormities
and
Injuries
,
Peace
.
so
that
his
said
Subjects
may
live
restfully
under
his
Peace
and
Laws
to
their
Encrease
.
§
1.
N.
4.
He
will
that
it
be
Ordained
and
Enacted
by
Authority
of
this
said
Parliament
,
Days
.
that
every
Iustice
of
Peace
within
every
Shire
of
this
Realm
within
the
Shire
where
he
is
Iustice
of
Peace
,
do
cause
openly
and
solemnly
to
be
proclamed
yearly
,
four
times
a
year
in
four
principal
Sessions
,
the
tenor
of
this
Proclamation
to
this
Bill
annexed
.
§
1.
N.
5.
And
that
every
Iustice
of
Peace
being
present
at
any
of
the
said
Sessions
,
Justices
.
if
they
cause
not
the
said
Proclamations
for
to
be
made
in
form
abovesaid
,
shall
forfeit
unto
our
Soveraign
Lord
at
every
time
twenty
shillings
.
§
2.
N.
1.
Henricus
Dei
Gratia
,
&c.
The
King
our
Soveraign
Lord
considereth
,
Execution
.
how
daily
within
this
Realm
his
Coin
is
Traiterously
Counterfeited
,
Murders
,
Robberies
,
Felonies
been
greivously
committed
and
done
,
and
also
unlawful
Reteyners
,
Idleness
,
unlawful
Plays
,
Extortions
,
Misdemeanings
of
Sheriffs
,
Escheators
,
and
many
other
Enormities
and
unlawful
Demeanings
,
daily
grown
more
and
more
within
this
Realm
,
to
the
great
Displeasure
of
God
,
Hurt
and
Impoverishing
of
his
Subjects
,
and
to
the
Subversion
of
the
Policy
and
good
Governance
of
this
his
Realm
;
for
by
these
sad
Enormities
and
Mischeifs
,
his
Peace
is
broken
,
his
Subjects
troubled
,
inquieted
and
impoverished
,
the
Husbandry
of
this
Land
decayed
,
whereby
the
Church
of
England
is
upholden
,
the
Service
of
God
continued
,
every
man
thereby
hath
his
sustenance
,
every
Inheritor
his
rent
for
his
Land
.
Process
.
For
repressing
and
avoyding
of
the
said
mischeifs
sufficient
Laws
and
Ordinances
been
made
by
Authority
of
many
and
divers
Parliaments
holden
within
this
Realm
,
to
the
great
cost
of
the
King
,
§
2.
N.
2.
his
Lords
,
and
Commons
of
the
same
,
and
lacketh
nothing
,
but
that
the
said
Laws
be
not
put
in
due
execution
which
Laws
ought
to
be
put
in
due
execution
by
the
Iustices
of
Peace
of
every
Shire
of
this
Realm
,
to
whom
his
Grace
hath
put
and
given
full
authority
so
to
do
sith
the
beginning
of
his
reign
,
Justices
.
And
now
it
is
come
to
his
knowledg
,
§
2.
N.
3.
that
his
Subjects
be
little
cased
of
the
said
mischeifs
by
the
said
Iustices
,
but
by
many
of
them
rather
hurt
than
helped
,
and
if
his
Subjects
complain
to
these
Iustices
of
Peace
,
of
any
wrongs
done
to
them
,
they
have
thereby
no
remedy
,
and
the
said
mischeifs
do
increase
and
be
not
subdued
.
Peace
.
And
his
Grace
considereth
,
§
2.
N.
4.
that
a
great
part
of
his
wealth
and
prosperity
of
his
Land
standeth
in
that
,
that
his
Subjects
may
live
in
surety
under
his
Peace
in
their
bodies
and
goods
,
and
that
the
Husbandry
of
this
Land
may
increase
and
be
upholden
,
which
must
be
had
by
due
execution
of
these
Laws
and
Ordinances
,
chargeth
and
commandeth
the
Iustices
of
the
Peace
of
this
his
Shire
,
to
endeavour
them
to
do
and
execute
the
tenor
of
their
Commission
,
and
the
said
Laws
and
Ordinances
ordained
for
the
subduing
of
the
premises
,
as
they
will
stand
in
love
and
favour
of
his
Grace
,
and
in
avoyding
of
the
pains
that
are
ordained
if
they
do
the
contrary
.
Process
.
And
moreover
he
chargeth
and
commandeth
,
§
2.
N.
5.
that
every
man
what
degree
or
condition
that
he
be
of
,
that
let
them
in
word
or
deed
to
execute
their
said
authority
in
any
manner
and
form
abovesaid
,
that
they
shall
shew
it
to
his
Grace
,
and
if
they
do
it
not
,
and
it
come
to
his
knowledg
by
other
than
by
them
,
they
shall
not
be
in
his
favour
,
but
taken
as
men
out
of
credence
,
and
be
put
out
of
Commission
for
ever
.
Execution
.
And
over
this
he
chargeth
and
commandeth
all
manner
of
men
as
well
the
poor
as
the
rich
(
which
be
to
him
all
one
in
due
ministration
of
Iustice
)
that
is
hurt
or
grieved
in
any
thing
,
§
2.
N.
6.
that
the
said
Iustice
of
Peace
may
hear
determine
or
execute
in
any
wise
,
that
he
so
grieved
make
his
complaint
to
the
Iustice
of
Peace
,
that
next
dwelleth
unto
him
,
or
to
any
of
his
fellows
,
and
desire
a
remedy
.
Justices
.
And
if
then
he
have
no
remedy
,
§
2.
N.
7.
if
it
be
nigh
such
time
as
his
Iustices
of
Assizes
come
into
that
Shire
,
that
then
he
so
grieved
shew
his
complaint
to
the
same
Iustices
.
Chancery
.
And
if
then
he
have
no
remedy
,
§
2.
N.
8.
or
if
the
complaint
be
made
long
afore
the
coming
of
the
Iustices
of
Assize
,
then
he
so
grieved
come
to
the
Kings
Highness
,
or
to
his
Chancellor
for
the
time
being
and
shew
his
grief
.
Process
.
And
his
said
Higness
then
shall
send
for
the
said
Iustice
to
know
the
cause
why
his
said
Subjects
be
not
eased
,
and
his
Laws
executed
,
§
2.
N.
9.
whereupon
if
he
find
any
of
them
in
default
of
executing
of
his
Laws
in
the
premises
according
to
his
Highness
commandment
he
shall
do
him
so
offending
to
be
put
out
of
the
Commission
,
and
further
to
be
punished
according
to
his
merits
.
Justices
.
And
over
that
his
said
Highness
shall
not
let
for
any
favour
,
§
2.
N.
10.
affection
,
cost
,
charge
,
nor
other
cause
,
but
that
he
shall
see
his
Laws
to
have
plain
and
true
execution
,
and
his
Subjects
to
live
in
surety
of
their
lands
,
bodies
,
and
goods
,
according
to
his
said
Laws
,
and
the
said
mischeifs
to
be
avoyded
,
that
his
Subjects
may
increase
in
wealth
and
prosperity
to
the
pleasure
of
God
.
Measures
.
And
that
the
Iustices
of
Peace
of
every
Shire
of
England
have
full
authority
and
power
to
inquire
,
hear
,
7
H.
7.
cap.
4.
§
1.
N.
12.
or
determine
the
said
defaults
(
viz.
in
Weights
and
Measures
,
&c.
)
Games
.
And
that
the
Housholder
,
where
Dicing
,
Carding
,
Tennis-playing
,
11
H.
7.
C.
2.
§
1.
N.
14.
Bowls
,
Clash
,
or
any
other
unlawful
games
afore
rehearsed
shall
be
used
owise
than
is
afore
rehearsed
,
(
viz.
in
Christmas
in
the
presence
of
the
Master
)
and
that
lawfully
be
presented
before
the
Iustices
of
Peace
,
the
Mayor
,
Sheriff
in
his
Turn
,
or
Steward
in
his
Leet
,
or
by
examination
had
afore
the
said
Iustices
of
Peace
,
that
Process
be
made
upon
the
same
,
as
upon
Indictment
of
Trespass
against
the
Kings
Peace
,
19
H.
7.
cap.
12.
§
2.
N.
4.
§
1.
N.
15.
And
that
the
said
Misdoer
be
admitted
to
no
Fine
under
the
Sum
of
6
s.
8
d.
19
H.
7.
cap.
12.
§
2.
N.
4.
Amercement
.
§
1.
N.
16.
And
that
it
be
lawful
to
two
of
the
Iustices
of
the
Peace
,
Justices
.
whereof
one
shall
be
of
the
Quorum
,
within
their
authority
,
to
reject
and
put
away
common
Ale
selling
in
Towns
and
Places
where
they
shall
think
convenient
,
19
H.
7.
cap.
12.
§
2.
N.
5.
§
1.
N.
17.
And
to
take
surety
of
Keepers
of
Ale-houses
,
Ale
.
of
their
good
behaviour
by
the
discretion
of
the
said
Iustices
,
and
in
the
same
to
be
advised
and
agreed
at
the
time
of
their
Sessions
,
19
H.
7.
Cap.
12.
§
2.
N.
6.
Cap.
3.
The
King
our
Soveraign
Lord
calling
to
his
remembrance
,
Riot
.
that
many
good
Statutes
and
Ordinances
be
made
for
the
punishment
of
Riots
,
unlawful
Assemblies
,
Retainers
,
and
giving
and
receiving
of
Liveries
,
Signs
and
Tokens
unlawfully
,
Extortions
,
Maintenance
,
Imbracery
,
excessive
taking
of
Wages
contrary
to
the
Statute
of
Laborers
and
Artificers
(
viz.
23
Ed.
3.
cap.
1.
)
the
use
of
unlawful
Games
,
inordinate
Apparel
,
and
many
other
great
inconveniencies
and
offences
,
which
been
committed
and
done
daily
,
contrary
to
the
good
Statutes
for
many
and
divers
behooful
considerations
,
severally
made
and
ordained
,
to
the
high
displeasure
of
Almighty
God
,
and
the
great
let
of
the
Common
Law
and
Weal
of
this
Land
,
notwithstanding
generally
by
the
Iustices
of
the
Peace
in
every
Shire
within
this
Realm
in
the
open
Sessions
is
given
in
charge
to
inquire
of
many
Offences
committed
contrary
to
divers
of
the
said
Statutes
,
and
divers
inquests
thereupon
there
straitly
sworn
and
charged
before
the
said
Iustices
to
inquire
of
the
premises
,
and
therein
to
present
the
Truth
,
which
is
letted
to
be
found
by
embracery
,
maintenance
,
corruption
and
favour
,
by
occasion
whereof
the
said
Statutes
be
not
,
nor
cannot
be
put
in
due
execution
,
1
H.
8.
Cap.
6.
§
1.
N.
2.
For
reformation
whereof
,
Enquest
.
for
so
much
that
before
this
time
the
said
Offences
,
Extortions
,
Contempts
,
and
other
the
premises
might
not
,
nor
as
yet
may
be
conveniently
punished
by
the
due
order
of
the
Law
,
except
it
were
first
found
and
presented
by
the
verdict
of
twelve
Men
,
thereto
duly
sworn
,
which
for
the
causes
afore
rehearsed
will
not
find
,
nor
yet
present
the
truth
,
3
H.
7.
Cap.
1.
§
1.
N.
2.
§
1.
N.
3.
Wherefore
be
it
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temparal
,
and
the
Commons
in
this
present
Parliament
assembled
,
Justices
.
and
by
authority
of
the
same
Enacted
,
Ordained
,
and
Stablished
,
that
from
henceforth
,
as
well
the
Iustices
of
the
Assize
in
the
open
Sessions
to
be
holden
afore
them
,
as
the
Iustices
of
Peace
in
every
County
of
the
said
Realm
,
upon
Information
for
the
King
,
before
them
to
be
made
,
have
full
power
and
authority
by
their
discretion
to
hear
and
determine
all
Offences
and
Contempts
committed
and
done
by
any
person
or
persons
,
against
the
form
,
ordinance
,
or
effort
of
any
Statute
made
and
not
repealed
,
1
H.
8.
Cap
6.
§
1.
N.
4.
And
that
the
said
Iustices
upon
the
said
Information
,
Process
.
shall
have
full
power
and
authority
to
award
and
make
like
Process
against
the
said
Offenders
and
every
of
them
,
as
they
should
or
might
make
against
such
person
or
persons
as
been
presented
and
indicted
before
them
of
Trespass
done
contrary
to
the
Kings
Peace
,
and
the
said
Offender
and
Offenders
duly
to
punish
according
to
the
purport
,
form
and
effect
of
the
said
Statutes
.
§
1.
N.
5.
Also
be
it
Enacted
by
the
said
authority
,
Information
.
that
the
person
which
shall
give
the
said
Information
for
the
King
,
shall
by
the
discretion
of
the
said
Iustices
content
and
pay
to
the
said
person
or
persons
,
against
whom
the
said
Information
shall
be
so
given
,
his
reasonable
costs
and
damages
in
that
behalf
sustained
,
if
that
it
be
tried
or
found
against
him
,
that
so
giveth
or
maketh
any
such
Information
,
11
H.
7.
Cap.
7.
§
1.
N.
18.
§
1.
N.
6.
Provided
alway
that
any
such
Information
extend
not
to
Treason
,
Treason
.
Murder
,
or
Felony
,
nor
to
any
other
Offence
,
wherefore
any
person
shall
lose
Life
or
Member
nevertheless
,
by
nor
upon
the
same
Information
,
any
Lands
,
Tenements
,
Goods
and
Chattels
,
to
the
Party
making
the
same
Information
.
Lieu.
Provided
also
that
the
said
Information
shall
not
extend
to
any
Person
dwelling
in
another
Shire
than
there
,
§
1.
N.
7
as
the
said
Information
shall
be
given
or
made
.
Franchise
.
Saving
to
every
Person
and
Persons
,
Cities
and
Towns
,
§
1.
N.
8.
all
their
Liberties
and
Franchises
to
them
and
every
of
them
of
right
belonging
and
appertaining
.
Measures
.
And
two
Iustices
of
Peace
,
Ca.
4.
§
1.
N.
13.
whereof
one
shall
be
of
the
Quorum
have
authority
as
well
by
examination
as
by
inquiry
,
to
hear
and
determine
the
faults
of
the
said
Mayors
,
Bailiffs
,
and
other
Head
Officers
in
that
behalf
(
viz.
Of
Weights
and
Measures
)
And
also
of
all
Buyers
and
Sellers
doing
contrary
to
this
present
Act
and
Ordinance
,
and
to
set
Fine
and
Amercement
upon
the
Offenders
by
their
discretion
,
34
Ed.
3.
Cap.
5.
&
7
H.
7.
Cap.
4.
§
1.
N
12.
Process
.
Be
it
also
ordained
,
&c.
§
1.
N.
16.
That
the
Iustices
of
Peace
abovesaid
have
authority
to
make
like
Process
against
all
Persons
found
,
as
is
abovesaid
defective
,
and
for
such
Fines
and
Amercements
as
upon
them
shall
be
assess'd
,
as
if
they
were
Indicted
afore
them
for
breaking
of
the
Kings
Peace
.
Riot
.
Prayen
the
Commons
of
this
our
Land
in
this
present
Parliament
assembled
,
Cap
7.
that
where
for
the
great
rest
and
tranquility
of
your
said
Commons
,
true
Liege-men
and
Subjects
inhabited
in
this
your
Realm
,
divers
and
many
good
Statutes
,
Acts
,
and
Ordinances
have
been
made
in
times
past
,
ordained
and
stablished
to
subdue
and
punish
Riots
,
for
the
unlawful
raising
and
leading
of
People
,
Riots
,
Routs
,
and
other
unlawful
assemblies
,
whereby
many
evil
Deeds
,
Ieoperdies
,
Perils
,
Fear
,
and
Dread
to
your
Subjects
have
grown
,
and
thereupon
great
Penalties
set
upon
the
said
Rioters
and
Offenders
,
as
in
divers
remembred
Statutes
,
Acts
,
and
Ordinances
,
in
the
days
of
your
noble
Progenitors
,
at
several
times
made
,
ordained
,
and
provided
,
more
at
large
doth
and
may
appear
.
Franchise
.
Yet
the
same
Acts
notwithstanding
,
some
Persons
,
not
dreading
God
,
§
1.
N.
2.
their
Soveraign
Lord
,
nor
the
punishment
of
the
Laws
,
made
and
had
in
this
behalf
,
oft
times
as
well
by
colour
of
such
Offices
as
they
have
obtained
,
as
Receivers
,
Stewards
,
and
Bailiffs
of
Lordships
,
and
other
Officers
,
as
by
peny
Reteiners
,
by
Oath
,
Promise
,
Covenant
,
and
otherwise
,
and
claiming
also
duty
of
their
Tenants
and
Servants
,
where
none
such
duty
is
to
go
with
them
,
when
such
Assembly
,
Riot
,
or
Rout
shall
be
.
Riot
.
And
after
the
same
divers
of
the
said
Servants
and
Persons
oft
times
retreat
and
absent
themselves
by
the
agreement
,
coviy
,
§
1.
N.
3.
and
counsel
of
the
said
Masters
,
and
of
the
said
principal
Rioters
,
so
that
they
may
not
be
taken
,
nor
brought
to
answer
to
the
Law
,
as
the
Laws
require
.
Indictment
.
And
if
any
Indictments
be
had
,
§
1.
N.
4.
it
shall
be
made
upon
such
Persons
as
so
retreat
and
absent
themselves
,
and
nothing
founden
against
the
said
principal
Rioters
in
deceit
and
fraud
of
the
said
good
Statutes
,
Acts
,
and
Ordinances
thereof
made
to
the
great
courage
,
and
boldness
,
and
comfort
of
the
Evil
Doers
,
most
Danger
,
Ieopardy
,
and
Peril
of
your
said
well
disposed
Subjects
,
and
to
the
worst
example
,
that
thereby
may
ensue
,
if
hasty
remedy
therein
be
not
provided
.
Riot
.
It
may
therefore
please
your
Highness
of
your
most
loving
disoosition
,
§
1.
N.
5.
that
you
bear
and
owe
to
the
Common-weal
of
this
your
Land
,
and
to
the
great
Surety
of
your
Subjects
of
the
same
,
by
the
advice
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
authority
of
the
same
to
Do
,
Ordain
,
Enact
,
and
Establish
,
that
whatsoever
Person
or
Persons
within
the
Realm
,
of
what
Estate
,
Degree
,
or
Condition
he
be
,
that
hereafter
unlawfully
raise
Assemblies
,
or
lead
your
People
within
this
your
Realm
,
without
your
Commandment
or
Authority
of
your
Laws
,
and
commit
any
Riot
,
that
then
if
the
Party
greived
,
or
any
other
Person
in
the
Kings
behalf
,
complain
to
the
Iustices
of
the
Peace
within
the
County
where
such
Riot
is
done
,
or
to
any
of
them
having
authority
to
inquire
of
the
same
,
where
such
Riot
or
unlawful
Assembly
shall
be
made
by
Bill
containing
the
Riot
,
and
the
circumstance
of
the
same
,
and
of
what
Town
,
Shire
,
Mystery
,
or
Condition
every
of
the
Persons
against
whom
the
same
Complaint
be
made
is
dwelling
,
or
else
if
the
said
Roiters
be
Indicted
thereof
,
then
,
thereupon
the
said
Iustices
,
and
every
of
them
have
authority
and
power
in
the
next
general
Sessions
of
the
Peace
within
the
same
County
to
be
holden
after
the
Complaint
so
to
them
made
,
or
Indictment
thereof
,
had
afore
the
same
Iustices
to
do
,
make
Proclamation
,
that
the
said
Master
or
Masters
,
Principal
or
Principals
,
Leader
or
Leaders
,
that
unlawfully
cause
the
said
People
to
gather
or
rise
,
that
they
appear
Personally
at
the
next
general
Sessions
of
the
Peace
after
the
said
Proclamation
so
made
.
§
1.
N.
6.
And
every
other
Person
or
Persons
,
Accessory
.
that
were
present
and
attendant
upon
him
or
them
by
his
or
their
commandment
,
procuring
,
or
assent
,
contained
in
the
said
Proclamation
at
the
said
Riot
,
Rout
,
and
Assembly
,
and
every
of
them
personally
to
appear
at
the
said
next
Sessions
of
Peace
,
next
after
the
said
Proclamation
to
be
holden
within
the
said
County
.
§
1.
N.
7.
At
which
day
if
the
said
Master
or
Masters
,
War
.
Principal
or
Principals
,
Leader
or
Leaders
,
or
any
other
of
the
foresaid
Offenders
appear
,
then
he
or
they
to
be
put
to
answer
thereunto
,
if
it
seem
to
the
said
Iustices
reasonable
,
and
to
be
put
to
sufficient
Bail
by
Recognizance
before
the
said
Iustices
to
appear
personally
from
Sessions
to
Sessions
unto
the
time
the
Complaint
be
discussed
.
§
1.
N.
8.
And
if
he
or
they
refuse
so
to
do
,
then
he
or
they
be
committed
to
ward
,
Imprisonment
.
there
to
remain
till
they
will
.
§
1.
N.
9.
And
if
any
of
the
Persons
against
whom
such
Complaint
or
Indictment
is
had
or
made
,
dwell
in
any
other
County
,
Process
.
than
in
the
same
County
,
where
such
Riot
,
and
Assembly
is
made
,
that
then
the
Iustices
to
or
afore
whom
the
same
Complaint
or
Indictment
is
had
or
made
do
send
a
Transcript
of
the
same
Complaint
or
Indictments
,
to
some
Iustices
of
the
Peace
in
the
County
where
such
Person
is
dwelling
,
desiring
him
to
cause
Proclamation
to
be
made
in
the
next
general
Sessions
of
the
Peace
in
that
County
to
be
holden
,
that
the
same
Person
or
Persons
appear
at
the
next
Sessions
of
the
Peace
in
the
Shire
,
where
the
said
Riot
is
done
next
after
the
same
Proclamation
to
be
holden
.
§
1.
N.
10.
And
if
the
same
Person
or
Persons
dwelling
in
a
forreign
Shire
appear
,
Leiu
.
then
like
order
to
be
had
for
he
or
them
so
appearing
,
as
is
afore
specified
,
for
and
to
them
,
that
been
dwelling
in
the
said
Shire
,
whereby
the
said
Riot
is
supposed
to
be
done
.
§
1.
N.
11.
And
if
the
same
Person
or
Persons
,
Notice
.
or
any
of
them
against
whom
such
Proclamation
is
made
in
the
County
where
the
said
Riot
is
supposed
to
be
done
,
and
they
be
dwelling
at
the
time
of
the
same
Proclamation
making
,
in
the
same
County
,
make
default
and
appear
not
at
the
said
general
Sessions
to
him
or
them
limited
in
the
large
Proclamation
,
and
oft
soones
after
that
make
default
,
and
appear
not
at
the
next
general
Sessions
after
that
,
so
that
like
Proclamation
be
made
,
as
is
aforesaid
,
and
if
any
of
the
said
Rioters
against
whom
Proclamation
is
made
in
a
foreign
Shire
where
they
be
dwelling
,
make
default
at
the
day
and
place
in
the
said
Proclamation
to
them
limited
,
then
he
or
they
,
in
whether
of
the
said
Shires
they
dwell
that
so
make
default
,
to
stand
and
be
adjudged
and
convict
upon
the
same
defaults
of
the
said
Riot
and
unlawful
Assembly
,
as
if
he
or
they
were
thereof
convict
by
the
due
Order
of
the
Law
,
without
he
or
they
can
make
such
lawful
Excuse
,
as
the
said
Iustices
shall
think
reasonable
by
their
discretion
.
§
1.
N.
12.
And
thereupon
such
process
to
be
awarded
,
Process
.
as
is
accustomed
upon
Condemnations
of
Trespass
in
your
Common
Bench
at
the
Suit
of
the
Party
.
§
1.
N.
13.
And
that
the
said
Iustices
of
Peace
have
authority
to
hear
and
determine
the
rehearsed
causes
,
Justices
.
as
well
upon
Bill
before
them
as
by
Indictments
,
and
upon
the
same
Bill
or
Indictments
to
proceed
and
determine
the
same
by
Inquest
according
to
the
course
of
the
Common
Laws
,
and
the
Party
thereby
and
thereupon
to
stand
convict
,
as
perfectly
as
if
they
were
thereupon
convict
by
due
process
of
the
Law
.
War
.
And
if
the
said
Master
or
Masters
,
Principal
or
Principals
,
§
1.
N.
14
Leader
or
Leaders
,
or
any
other
afore
rehearsed
Offenders
be
convict
upon
the
premises
,
then
he
or
they
be
committed
to
prison
,
there
to
remain
and
abide
without
Bail
or
Mainprize
by
such
time
and
space
as
shall
be
thought
reasonable
by
the
discretion
of
the
said
Iustices
,
and
then
e're
he
or
they
depart
out
of
their
prison
to
pay
their
Fine
,
sessed
after
the
descretion
of
the
said
Iustices
,
his
or
their
behaviour
and
Offences
considered
.
Peace
.
And
that
it
be
enacted
by
the
said
Authority
,
§
1.
N.
15.
that
by
the
discretion
of
the
said
Iustices
,
and
as
they
see
need
,
every
of
the
said
Master
or
Masters
,
Principal
or
Principals
,
Leader
or
Leaders
,
and
other
the
said
Offenders
so
convict
be
bound
to
the
Kings
peace
from
thence
forth
in
such
Sums
of
mony
as
shall
be
considered
by
the
said
Iustices
,
and
the
said
Surety
to
stand
by
the
discretion
of
the
said
Iustices
.
Riot
.
And
if
it
be
so
,
§
1.
N.
16.
that
if
the
said
Riot
and
unlawful
Assembly
be
commited
with
the
number
of
forty
persons
,
or
above
,
or
with
less
number
than
forty
,
and
that
by
discretion
of
the
Iustices
it
be
thought
heinous
,
that
then
,
if
the
said
Master
or
Masters
,
Principal
or
Principals
,
Leader
or
Leaders
,
that
have
appeared
and
so
thereof
be
convict
,
that
then
they
remain
in
Prison
unto
the
time
that
they
have
found
sufficient
Surety
to
appear
before
the
King
and
his
Council
at
a
certain
day
by
the
said
Iustices
to
be
limited
.
Records
.
At
the
which
day
or
afore
,
§
1.
N.
17.
the
Keeper
of
the
Gaol
Rolls
of
the
said
Records
shall
do
to
be
sent
under
his
Seal
the
said
whole
Record
of
the
convictiton
to
the
King
our
Sovereign
Lord
and
his
Council
,
to
the
intent
that
his
Highness
and
his
Council
may
award
such
Imprisonment
and
Fines
of
the
said
Master
or
Masters
,
Principal
or
Principals
,
Leader
or
Leaders
,
as
by
his
Highness
and
his
said
Council
shall
be
thought
convenient
.
Damages
.
And
if
the
Party
Complainant
,
§
1.
N.
18.
as
is
aforesaid
cannot
prove
the
matter
of
his
said
Bill
to
be
true
,
then
he
to
pay
reasonable
costs
and
damages
of
the
Partie
vexed
,
as
shall
be
thought
reasonable
by
the
discretion
of
the
same
Iustices
,
and
they
to
make
against
the
same
Complainant
,
not
proving
the
matter
of
his
said
Bill
to
be
true
,
such
Process
against
him
for
the
said
Costs
and
damages
as
is
afore
limited
against
the
said
Rioters
convict
of
the
said
Riot
for
the
payment
of
their
said
Fines
.
Imprisonment
.
And
if
the
said
Complainant
or
Complainants
have
not
sufficient
whereof
to
restore
the
party
and
parties
so
vexed
and
troubled
in
form
aforesaid
,
§
1.
N.
19.
that
then
he
immediately
be
committed
to
the
common
Goal
by
the
said
Iustices
,
there
to
remain
the
space
and
time
as
shall
be
thought
by
the
said
Iustices
convenient
and
reasonable
.
Continuance
And
that
this
Act
indure
but
unto
the
next
Parliament
,
§
1.
N.
20.
1
Mar.
1.
St
2.
Cap
12.
and
19
H.
7.
Cap.
13
§
1.
N.
4
1
Eliz.
Cap.
16.
Sheriffs
.
And
over
that
the
Iustices
of
Peace
in
the
same
Counties
,
C.
15.
§
1.
N.
10.
and
every
of
them
shall
have
Authority
upon
complaint
made
by
the
Party
so
unlawfully
grieved
(
viz.
by
several
Plaints
in
Sheriffs
Courts
in
names
of
Persons
unknown
or
never
summon'd
,
&c.
)
to
examine
the
said
Sheriffs
,
Vnder-Sheriffs
,
or
their
Clerks
and
Plaintiffs
.
Process
And
if
the
said
Iustices
of
Peace
or
one
of
them
find
by
their
examination
default
in
the
said
Sheriffs
,
Vnder-Sheriffs
,
§
1.
N.
11.
or
their
Clerks
in
entring
of
the
said
Plaints
deceitfully
for
his
or
their
advantage
,
as
is
before
rehearsed
contrary
to
this
present
Act
,
that
then
the
said
Sheriffs
,
Vnder-Sheriffs
,
and
their
Clerks
shall
be
convict
and
attaint
of
the
same
offence
without
further
inquiry
,
or
examination
.
Justices
.
And
the
said
Iustices
of
Peace
,
that
so
shall
take
the
Examination
,
§.
1
N.
13.
shall
certifie
the
same
Examination
within
a
quarter
of
a
year
into
the
Kings
Exchequer
,
upon
pain
of
40
s.
Sheriffs
.
And
(
viz.
The
Bailiffs
of
Hundreds
for
default
in
Summons
,
§
1.
N.
16.
&c.
)
to
be
attaint
and
convict
thereof
by
the
Examination
of
the
Iustices
of
Peace
or
any
of
them
as
before
is
rehearsed
.
§
1.
N.
17.
And
that
the
same
Sheriffs
,
Vnder-Sheriffs
,
Amercement
.
their
Clerks
and
their
Deputies
for
the
time
being
shall
make
no
Estreats
to
levye
the
said
Sheriffs
Amerciaments
,
until
such
time
that
two
Iustices
of
Peace
,
whereof
one
shall
be
of
the
Quorum
,
have
had
the
veiw
and
oversight
of
their
Books
.
§
1.
N.
18.
And
that
the
Estreats
be
indented
betwixt
the
said
Iustices
of
Peace
,
Records
.
and
the
said
Sheriffs
and
Vnder-Sheriffs
,
and
sealed
with
their
Seals
,
the
one
part
to
remain
with
the
said
Iustices
,
and
the
other
part
with
the
said
Sheriffs
or
Vnder-Sheriffs
,
to
the
intent
they
may
understand
,
if
any
deceit
be
,
or
untrue
demeaning
in
them
in
making
of
their
Books
.
§
1.
N.
19.
And
that
these
Persons
which
shall
gather
the
same
Amercements
as
Bailiffs
or
other
Officers
,
be
sworn
by
the
said
Iustices
,
Officer
.
that
they
take
no
more
mony
than
is
forfeited
,
and
contained
in
the
Estreats
sealed
with
the
Seals
of
the
said
Iustices
of
Peace
,
upon
the
same
pain
of
forfeiture
as
before
is
rehearsed
,
(
viz.
40
s.
)
thereof
the
same
gatherers
to
be
convict
by
Examination
of
the
same
Iustices
of
Peace
,
or
one
of
them
,
as
before
is
rehearsed
.
§
1.
N.
20.
Provided
alway
that
the
said
Iustices
of
Peace
shall
be
appointed
and
named
at
the
general
Sessions
after
the
Feast
of
St.
Michael
the
Arch-Angel
,
by
him
that
is
Custos
Rotulorum
of
the
said
Counties
,
Justices
.
or
else
by
the
eldest
of
the
Quorum
in
his
absence
,
to
have
the
over-sight
and
controulment
of
the
said
Sheriffs
,
Vnder-Sheriffs
,
and
their
Clerks
,
and
other
of
the
said
Officers
,
and
of
the
said
Sheriffs
Amercements
.
§
1.
N.
21.
And
the
said
Iustices
of
Peace
,
Informant
.
upon
Suggestion
or
Information
of
the
Party
so
grieved
,
shall
make
like
Process
as
in
action
of
Trespass
,
against
the
said
Sheriffs
,
Vnder-Sheriffs
,
or
their
Clerks
,
and
other
the
aforesaid
Officers
misdealing
,
as
before
is
rehearsed
,
for
to
appear
before
them
to
answer
to
the
said
Suggestion
or
Information
.
C.
17.
§
2.
N.
4.
And
that
the
Iustices
of
Peace
have
authority
by
this
present
Act
to
hear
and
determine
such
matters
(
viz.
Of
taking
Eggs
,
Hawks
,
Swans
,
Fowl
.
&c.
)
as
well
by
Inquisition
as
Information
and
proofs
.
§
2.
N.
10.
(
Viz.
None
to
take
Hawks
in
their
Warren
,
&c.
)
Vpon
pain
of
ten
pounds
,
Forest
.
one
half
to
the
Party
that
will
sue
for
the
same
by
Action
of
Debt
,
by
Examination
before
the
Iustices
of
the
Peace
,
Information
or
otherwise
,
&c.
19
H.
7.
Ca.
5.
§
1.
N.
6.
And
if
the
said
Mayor
,
Sheriffs
,
Bailiffs
,
Constables
,
Mony
.
or
other
chief
Officer
or
Governor
refuse
to
take
any
such
Coyn
(
viz.
Having
the
print
of
the
Kings
Coyn
)
in
payment
,
as
it
is
above
rehearsed
,
that
then
he
so
refusing
the
said
payment
to
be
compelled
by
the
Iustice
of
Peace
of
the
same
County
,
where
such
payment
shall
be
so
refused
,
to
accept
and
take
the
said
payment
,
and
he
so
refusing
the
same
to
be
further
punished
for
the
said
refusing
by
the
discretion
of
the
same
Iustice
.
C.
6.
§
1.
N.
15.
And
over
this
the
Iustices
of
Peace
within
every
Shire
at
their
general
Sessions
holden
at
Michaelmas
,
Mettle
.
shall
assign
and
appoint
two
certain
Persons
having
experience
therein
(
viz.
in
deceitful
Pewter
and
Brass
,
&c.
)
to
make
search
in
the
Premises
in
every
part
of
that
Shire
,
as
well
within
the
Franchise
as
without
,
saving
in
Cities
and
Boroughs
where
Searchers
be
appointed
by
the
Heads
and
Governours
of
the
same
.
C.
11.
§
1.
N.
9.
And
that
the
Iustices
of
Peace
in
their
Sessions
shall
have
Authority
to
take
before
them
any
Person
suspected
of
the
Premises
,
Forest
.
(
viz.
Of
Dear-hayes
,
Buckstails
,
or
taking
of
Herons
)
and
by
their
discretion
to
examine
them
in
the
premises
.
§
1.
N.
11.
And
that
these
Iustices
,
Justices
.
that
so
examine
them
shall
have
the
tenth
part
of
every
such
forfeiture
for
their
Labour
in
that
behalf
.
Ca.
12.
§
2.
N.
8.
Furthermore
be
it
enacted
by
the
said
Authority
,
Poor
.
that
Iustices
of
the
Peace
,
or
two
of
them
at
the
least
,
within
their
Shires
,
and
every
Mayor
,
Sheriff
,
and
Bailiff
,
within
their
Cities
,
Towns
,
and
Boroughs
,
shall
have
full
power
and
authority
to
make
four
times
in
the
year
,
that
is
to
say
,
every
quarter
once
or
ofter
,
as
by
their
Discretion
shall
be
thought
necessary
throughout
all
their
Shire
,
a
due
and
a
diligent
secret
search
,
and
if
they
or
any
of
them
find
,
by
reason
of
the
said
Search
any
of
the
said
mis-ruled
Persons
(
viz.
Vagabonds
,
&c.
)
the
said
misruled
Persons
so
found
to
have
like
punishment
and
correction
as
is
aforesaid
,
(
Viz.
at
discretion
.
)
Riot
.
Whereas
in
the
Parliament
holden
at
Westminster
the
Tuesday
the
morrow
next
after
All
Souls
,
Cap.
13.
13th
.
year
of
the
reign
of
King
Henry
the
fourth
(
viz.
13.
H.
4.
Cap.
7.
)
Among
other
things
it
was
Enacted
,
Ordained
,
and
Established
,
that
if
any
Riot
,
Assembly
,
or
Rout
of
People
against
the
Law
,
were
made
in
any
part
of
the
Realm
,
that
the
Iustices
of
the
Peace
,
three
or
two
of
them
at
the
least
,
and
the
Sheriff
,
or
Vnder-Sheriff
of
the
County
where
such
Riot
,
Assembly
,
or
Rout
should
be
done
after
the
same
Statute
,
should
come
with
the
power
of
the
Shire
,
if
need
should
be
,
to
arrest
them
,
and
them
should
arrest
,
2
H.
5.
Cap.
8.
Records
.
And
(
viz.
13
H.
4
Cap.
7.
§
1.
N.
2.
§
1.
N.
2.
)
the
same
Iustices
and
Sheriff
or
Vnder-Sheriff
should
have
power
to
record
that
,
that
they
should
find
so
done
in
their
presence
against
the
Law
,
2
Hen.
5.
Cap.
8.
§
1.
N.
2.
Process
.
And
(
viz.
13
H.
4.
Cap.
7.
§
1.
N.
3.
§
1.
N.
3.
)
that
by
the
Record
of
the
same
Iustices
,
and
Sheriff
or
Vnder-Sheriff
,
the
same
Trespassers
and
Misdoers
should
be
convicted
in
manner
and
form
as
it
is
contained
in
the
Statute
(
viz.
5
R.
2.
Cap.
7.
§
1.
N.
3.
15
R.
2.
§
1.
N.
3.
)
Of
Forcible
Entries
,
with
divers
and
many
other
Articles
touching
and
concerning
the
Premises
,
as
in
the
same
Statute
made
the
said
thirteenth
year
(
viz.
13.
H.
4.
Cap.
7.
)
more
plainly
at
large
it
appeareth
,
2
H.
5.
Cap.
8.
§
1.
N.
2.
Riot
.
Which
Statute
,
(
viz.
13
H.
4.
Cap.
7.
)
is
thought
good
and
necessary
,
§
1.
N.
4.
wherefore
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
be
it
therefore
ordained
,
established
and
enacted
,
that
the
said
Act
made
in
the
said
thirteenth
year
of
King
Henry
the
fourth
(
Viz.
13
H.
4.
Cap.
7.
)
concerning
Riots
,
Assemblies
,
and
Routs
of
people
,
and
all
and
every
Article
and
Articles
comprised
in
the
same
,
and
also
all
other
Statutes
(
viz.
2
H.
5.
Cap.
8.
&c.
)
before
this
time
made
concerning
the
punishment
of
Rioters
,
at
the
time
of
making
this
Act
,
being
in
force
,
from
henceforth
stand
in
their
force
,
and
be
duly
put
in
execution
,
after
the
tenors
and
purports
of
the
same
.
Enquest
.
And
for
as
much
as
in
the
said
Statute
made
in
the
said
thirteenth
year
(
viz.
13
H.
4.
Cap.
7.
§
1.
N.
5.
)
It
is
not
expressed
of
what
sufficiency
the
Iurors
impanelled
should
be
,
or
what
Issues
they
should
lose
,
if
they
appear
not
,
nor
no
mention
thereon
made
of
any
punishment
of
the
Maintainers
and
Embracers
of
the
Iurors
that
so
shall
be
Impanelled
,
should
have
for
their
misdemeanors
if
any
be
.
Ability
.
It
is
therefore
furthermore
Enacted
by
the
said
Authority
in
this
present
Parliament
,
That
if
any
Riot
,
Rout
,
§
1.
N.
6.
or
unlawful
Assembly
be
committed
and
done
at
any
time
after
the
first
day
of
May
next
coming
within
this
Realm
of
England
,
that
the
Sheriff
having
a
Precept
directed
to
him
,
shall
return
one
and
twenty
Persons
dwelling
within
the
Shire
,
where
such
Riot
,
Rout
,
or
unlawful
Assembly
shall
be
so
committed
and
done
,
whereof
every
of
them
shall
have
Lands
and
Tenements
within
the
same
Shire
,
to
the
yearly
value
of
twenty
shillings
Charter
land
or
Free-hold
,
or
twenty
six
shillings
and
eight
pence
of
Copyhold
,
of
both
over
and
above
all
charges
,
for
to
inquire
of
the
said
Riot
,
Rout
,
or
unlawful
Assembly
.
Return
.
And
shall
return
upon
every
Person
so
by
him
impanelled
in
Issues
,
§
1.
N.
7.
at
the
first
day
twenty
shillings
,
and
at
the
second
day
forty
shillings
,
if
they
appear
not
,
and
be
sworn
to
enquire
of
the
premises
at
the
first
day
.
Sheriff
.
And
if
default
be
in
the
Sheriff
or
Vnder-Sheriff
,
§
1.
N.
8.
for
returning
of
other
Persons
,
not
being
of
the
said
sufficiency
,
or
return
not
Issues
in
form
aforesaid
,
that
then
the
said
Sheriff
shall
forfeit
to
our
Sovereign
Lord
the
King
for
either
default
therein
twenty
pound
.
Riot
.
And
if
the
said
Riot
,
Rout
,
§
1.
N.
9.
or
unlawful
Assembly
be
not
found
by
the
said
Iury
,
by
reason
of
any
Maintenance
or
Embracery
of
the
said
Iurors
,
then
the
same
Iustices
and
Sheriff
,
or
Vnder-Sheriff
,
over
and
above
all
such
Certificate
,
that
they
must
and
be
bound
to
make
according
to
the
said
Statute
made
the
said
thirteenth
year
(
viz.
13
H.
4.
Cap.
7.
§
2.
N.
1
,
)
shall
in
the
same
Certificate
,
certifie
the
names
of
the
Maintainers
and
Embracers
in
that
behalf
,
if
any
be
,
with
their
misdemeaners
that
they
know
,
upon
pain
of
every
of
the
said
Iustices
,
and
Sheriff
or
Vnder
Sheriff
to
forfeit
20
l.
if
the
same
Iustices
and
Sheriff
or
Vnder
Sheriff
have
no
reasonable
Excuse
for
not
certifying
the
same
.
§
1.
N.
10.
Which
Certificate
so
made
,
shall
be
of
like
force
and
effect
in
the
Law
,
Certificate
.
as
if
the
matter
contained
in
the
same
were
duly
found
by
the
Verdict
of
twelve
men
.
§
1.
N.
11.
And
every
Person
duly
proved
to
be
a
Maintainer
or
Embracer
of
the
same
,
shall
forfeit
to
our
said
Soveraign
Lord
,
Maintainers
20
l.
and
as
well
the
same
Maintainers
as
the
Embracers
shall
be
committed
to
Ward
,
there
to
remain
by
the
discretion
of
the
Iustices
.
Statuta
Hen.
8.
1
H.
8.
cap.
6.
A
Repeal
of
a
Statute
made
,
11
H.
7.
Cap.
3.
Oyer
.
giving
Authority
to
Iustices
of
Assize
,
and
Iustices
of
Peace
in
their
Sessions
,
to
hear
and
determine
all
Offences
and
Contempts
committed
against
any
Statute
in
force
,
saving
Treason
,
Murder
or
Felony
.
Cap.
7.
§
2.
And
that
the
Iustices
of
Assizes
,
and
Iustices
of
Peace
,
Justices
.
within
the
County
where
any
such
Default
of
the
Coroners
be
,
(
viz.
taking
any
thing
for
Enquiry
of
Body
slain
by
Misadventure
&c.
)
have
Authority
and
Power
to
enquire
thereof
and
determine
the
same
,
as
well
by
Examination
as
by
Presentment
.
Cap.
8.
§
7.
Provided
also
that
this
Act
,
Inquest
.
(
viz.
of
Returning
Offices
and
Inquisitions
by
Commission
or
Escheator
&c.
)
extend
not
nor
be
prejudicial
,
to
any
Iustices
of
the
Peace
,
for
any
thing
done
concerning
the
Commission
of
the
Peace
.
3
H.
8.
C.
5.
§
3.
N.
2.
And
that
it
be
Ordained
&c.
that
the
Iustices
of
Peace
of
every
Shire
where
any
such
Offenders
,
War
.
(
viz.
that
depart
from
Captain
without
License
during
Warr
,
&c.
)
be
taken
,
have
Power
to
inquire
of
the
said
Offences
,
(
viz.
Departure
,
Retainer
and
Payment
of
Souldiers
)
and
the
same
hear
and
determine
,
as
they
do
and
may
do
of
Felonies
,
Trespasses
and
other
Offences
,
expressed
in
the
Kings
Commission
to
them
made
,
as
though
the
said
Offences
were
done
in
the
same
Shire
.
C.
12.
§
1.
N.
4.
Wherefore
be
it
Enacted
,
&c
that
all
Pannells
to
be
returned
,
Inquest
.
which
be
not
at
the
Suit
of
any
Party
,
that
shall
be
made
and
put
in
by
every
Sheriff
and
their
Ministers
,
afore
any
Iustice
of
Goal-Delivery
or
Iustice
of
Peace
,
whereof
one
to
be
of
the
Quorum
,
in
their
open
Sessions
to
inquire
for
the
King
,
shall
be
reformed
by
putting
to
and
taking
out
of
the
names
of
the
Persons
which
so
be
Impannelled
by
every
Sheriff
and
their
Ministers
,
by
Discretion
of
the
same
Iustice
before
whom
such
Pannells
shall
be
returned
.
4
H.
8.
Cap.
1
-
Bulwarks
,
Brays
,
Walls
and
other
Fortifications
,
War
.
shall
be
made
by
the
Sea-side
in
Cornwall
,
by
the
Iustices
of
Peace
Assignment
.
14
&
15
H.
8.
Cap.
6.
§
4.
N.
2.
And
that
the
said
two
Iustices
of
Peace
and
twelve
other
discreet
Persons
,
(
viz.
of
the
Hundred
,
Ways
.
where
oldway
is
in
Close
and
new
one
laid
out
in
Kent
)
by
whose
Overfight
and
Assent
the
said
new
way
&c.
by
Virtue
of
this
Act
,
shall
be
hereafter
Assigned
,
limited
and
laid
out
,
shall
within
three
Months
next
after
the
Assignment
,
limitation
and
laying
out
of
the
same
,
make
Certificate
into
the
Kings
most
Honourable
Court
of
Chancery
under
their
Seals
,
of
the
length
and
breadth
of
the
same
new
Way
or
Street
,
and
of
other
things
adjoyning
or
concerning
the
same
,
as
by
their
Discretions
shall
be
thought
most
expedient
or
requisite
for
the
Common-wealth
of
that
County
to
be
certified
.
C.
10.
§
1.
N.
3.
And
that
the
Iustices
of
Peace
within
every
Shire
,
Forest
.
at
every
Sessions
of
the
Peace
,
&c.
shall
have
full
Authority
and
Power
to
inquire
of
such
Offenders
,
(
viz
that
trace
Hares
in
the
Snow
&c.
)
§
1.
N.
4.
And
after
such
Inquisitions
found
,
Forfeiture
.
the
said
Iustices
of
Peace
&c.
for
every
Hare
so
killed
,
shall
Sess
upon
every
such
Offender
6
s.
8
d.
to
be
for
feited
to
our
Sovereign
Lord
,
that
shall
be
so
found
by
the
Iustices
of
Peace
in
their
Sessions
.
Riot
.
The
President
of
the
Kings
Council
shall
be
associate
with
the
Chancellor
,
&c.
(
viz.
3
H.
7.
Cap.
1.
)
in
examination
of
Riots
,
&c.
21
H
8.
C.
20.
Ways
.
And
that
the
Iustices
of
Peace
in
every
Shire
of
this
Realm
,
22
H.
8.
C.
5.
§
9.
N.
3.
Franchise
City
,
or
Borough
,
or
four
of
them
at
the
least
,
whereof
one
of
them
to
be
of
the
Quorum
,
within
the
limits
of
their
Commissions
and
authorities
,
shall
have
power
and
authority
to
enquire
,
hear
,
and
determine
in
the
Kings
general
Sessions
of
Peace
,
all
manner
of
annoyances
of
and
in
such
high
wayes
,
so
being
and
next
adjoyning
to
any
ends
of
Bridges
within
this
Realm
,
distant
from
any
one
of
the
Ends
of
such
Bridges
,
three
hundred
foot
,
and
to
do
in
every
thing
and
things
concerning
the
making
,
repairing
and
amending
of
such
High-ways
,
and
every
of
them
,
in
as
large
and
ample
manner
as
they
might
and
may
do
,
to
and
for
the
making
,
repairing
,
and
amending
of
Bridges
by
virtue
and
authority
of
this
present
Act.
Treason
.
(
Viz.
No
Convicts
of
Pety
Treason
,
Murder
,
or
Felony
,
23
H.
8.
C.
1.
§
4.
N.
2.
&c.
shall
make
any
purgation
,
but
abide
in
Prison
during
life
;
)
Except
only
such
Person
or
Persons
so
being
within
such
holy
Orders
(
viz.
Of
Subdeacon
or
above
)
and
convict
of
and
for
any
of
the
offences
aforesaid
,
and
delivered
to
the
Ordinary
for
the
same
,
do
find
two
sufficient
Sureties
by
Recognizances
before
two
of
the
Kings
Iustices
of
his
Peace
within
the
same
Shire
where
the
petit
Treason
,
Murder
,
or
Felony
,
whereof
he
was
convicted
,
was
committed
and
done
,
whereof
one
of
them
to
be
of
the
Quorum
,
that
such
Convict
shall
be
of
good
abearing
against
the
King
our
Soveraign
Lord
,
his
Laws
and
Subjects
;
Every
such
Convict
to
be
bound
in
the
Sum
of
40
l.
and
every
his
Sureties
in
20
l.
(
26
H.
8.
Cap.
12.
§
4.
N.
1.
)
Bayl.
And
that
no
Surety
be
taken
unless
such
as
may
dispend
in
Lands
,
§
1.
N.
3.
Tenements
,
or
Hereditaments
yearly
above
all
charges
,
of
Estate
of
Inheritance
,
of
Charter-hold
,
26
s.
8
d.
or
else
be
worth
20
l.
in
movable
substance
at
the
time
of
the
taking
of
such
Recognizance
.
Justices
.
And
that
two
Iustices
of
Peace
,
§
1.
N.
4.
whereof
one
to
be
of
the
Quorum
by
Authority
aforesaid
have
power
and
authority
to
take
such
Recognizances
.
Certificate
.
And
that
the
said
Iustices
afore
whom
any
such
Recognizance
shall
be
taken
,
§
1.
N.
5.
shall
certifie
the
same
into
the
Kings
Bench
within
four
months
next
after
the
taking
thereof
upon
pain
to
lose
and
forfeit
100
s.
for
every
such
default
thereof
.
Imprisonment
.
It
may
therefore
please
your
Highness
,
C.
2.
§
1.
N.
2.
&c.
(
viz.
For
necessity
and
emendation
of
Strong
Goals
)
to
enact
,
that
the
Iustices
of
Peace
,
of
every
of
the
Shires
of
Essex
,
Suffolk
,
Dorset
,
Sussex
,
Surrey
,
Nottingham
,
Gloucester
,
Bedford
,
Buckinghem
,
Huntington
,
Wiltshire
,
Kent
,
Warwick
,
Stafford
,
Oxon
,
Berkshire
,
Leicester
,
Rutland
,
Lincoln
,
Hereford
,
Northampton
,
Salop
,
Norfolk
,
and
Cornwal
,
or
the
most
part
of
the
said
Iustices
of
Peace
,
in
every
of
the
said
Shires
within
the
limits
of
their
Commission
,
shall
have
full
power
and
authority
,
to
limit
and
appoint
at
any
time
,
within
the
term
of
one
year
from
the
end
of
this
present
Parliament
,
the
Towns
and
Places
wherein
they
shall
think
most
necessary
to
have
a
common
Goal
newly
edified
and
made
,
2
Inst.
705
,
706.
and
5
Eliz.
24.
cap.
§
3.
N.
1.
)
Notice
.
And
be
it
further
Enacted
,
§
4.
N.
1.
That
several
Commissioners
under
the
Kings
great
Seal
,
with
this
present
Act
thereto
affiled
,
shall
be
directed
to
the
Iustices
of
Peace
,
of
the
Shires
aforenamed
,
authorizing
them
to
accomplish
and
execute
this
present
Act
according
to
the
tenor
thereof
in
every
behalf
.
Imprisonment
.
Be
it
further
Enacted
,
&c.
§
7.
N.
1.
That
like
Provision
in
every
behalf
be
had
for
a
new
Goal
to
be
made
within
the
County
of
Derby
,
in
like
form
as
is
provided
for
other
Shires
aforesaid
.
Ale
.
And
that
every
Beer-Brewer
and
Ale-Brewer
shall
not
take
over
and
above
,
for
every
such
Barrel
,
Kilderkin
,
C.
4.
§
5.
N.
1.
or
Firkin
of
Ale
and
Beer
,
but
after
such
Prizes
and
Rates
as
shall
be
thought
convenient
and
sufficient
by
discretions
of
the
Iustices
of
Peace
within
every
Shire
,
where
such
Beer-Brewer
and
Ale-Brewer
shall
dwell
,
without
any
City
,
Borough
or
Town
Corporate
,
where
no
head-Officers
,
as
Mayors
,
Bailiffs
,
Sheriffs
and
other
head-Officers
,
have
no
Authority
or
Rule
,
8
Eliz.
9.
§
5.
N.
1.
Cap.
5.
§
5.
N.
2.
And
before
he
(
viz.
Commissioner
of
Sewers
)
shall
take
upon
him
the
Execution
of
the
said
Commission
,
Sewers
.
he
shall
take
a
Corporal
Oath
before
the
Lord
Chancellor
,
or
before
such
to
whom
the
said
Lord
Chancellor
shall
direct
the
Kings
Writ
of
Dedimus
Potestatem
to
take
the
same
,
or
before
the
Iustices
of
the
Peace
in
the
Quarter
Sessions
holden
in
the
Shire
where
such
Commissions
shall
be
directed
,
&c.
Cap.
8.
§
2.
N.
2.
And
if
it
shall
happen
any
person
,
Mettle
.
&c.
for
prosecuting
any
Suit
or
Action
upon
this
Statute
,
(
viz.
against
Tinners
,
that
do
not
make
sufficient
Hatches
and
Tyes
for
Gravel
,
&c.
)
or
by
occasion
of
the
same
hereafter
,
to
be
imprisoned
by
any
manner
of
person
,
&c.
being
Officers
or
Ministers
of
the
Stannery
,
their
Deputies
or
Substitutes
,
that
then
every
of
the
Iustices
of
Peace
,
within
any
of
the
Counties
aforesaid
,
(
viz.
Devonshire
or
Cornwal
)
wherin
the
said
Prisoner
shall
happen
to
be
Committed
to
Prison
,
upon
credible
Information
thereof
,
taking
Surety
by
his
descretion
for
Appearance
of
such
Prisoner
at
the
next
general
Sessions
of
the
Peace
,
shall
have
Power
,
&c.
as
well
to
direct
his
Warant
to
the
Goaler
,
&c.
as
to
any
other
Person
,
to
whom
the
said
Prisoner
shall
be
committed
unto
,
commanding
him
,
&c.
upon
pain
,
&c.
of
40
l.
to
deliver
and
put
at
large
the
said
Prisoner
,
&c.
27
H.
8.
Cap.
23.
§
4.
N.
1.
§
2.
N.
6.
And
if
it
shall
appear
upon
the
Appearance
of
such
Prisoner
at
the
Quarter
Sessions
,
by
examining
of
the
Iustices
of
Peace
there
being
,
Justices
.
that
he
was
imprisoned
contrary
to
the
form
of
this
Statute
,
then
he
shall
be
forthwith
dismissed
and
thereby
discharged
,
and
if
he
were
lawfully
Imprisoned
for
any
other
just
Cause
,
then
to
be
remanded
to
Prison
by
the
discretion
of
the
said
Iustices
,
27
H.
8.
Cap.
23.
§
4.
N.
3.
Cap.
1●
.
§
3.
And
be
it
Enacted
,
&c.
that
the
Lord
Chancellor
of
England
,
Sewers
.
&c.
at
all
times
,
&c.
upon
request
to
him
to
be
made
by
the
Mayor
and
Commonalt●
of
the
said
City
,
(
viz.
of
York
)
and
Town
,
(
viz.
of
Hull
)
or
by
any
other
Citizen
and
Burgess
,
of
the
said
City
and
Town
,
&c.
or
other
person
by
them
under
the
common
Seals
of
the
said
City
and
Town
Authorised
,
shall
have
Power
and
Authority
by
his
discretion
,
to
make
and
direct
like
Commission
,
(
viz.
as
for
Surety
)
unto
eight
sad
and
discreet
persons
,
whereof
four
of
them
be
of
the
Citizens
and
Inhabitants
of
the
said
City
and
Town
,
and
the
other
four
to
be
Iustices
of
Peace
,
whereof
two
to
be
of
the
West-Riding
,
and
the
other
two
of
the
East-Riding
of
the
County
of
York
,
not
of
Fee
,
nor
retained
with
the
said
City
or
Town
,
that
they
,
eight
,
seven
,
six
,
five
or
four
of
them
,
whereof
two
of
them
shall
be
of
the
said
City
and
Town
,
and
the
other
two
Iustices
of
Peace
,
the
one
of
the
East-Riding
,
the
other
of
the
West-Riding
of
the
said
County
,
by
Virtue
of
the
said
Commission
,
shall
and
may
,
the
said
Owners
assign
and
appoint
,
to
pull
up
and
redress
(
viz.
in
the
River
of
Ouse
and
the
water
of
Humber
)
or
cause
to
be
pulled
up
and
redressed
within
thirty
days
after
monition
given
to
the
said
Owners
by
the
said
Commissioners
,
or
by
such
of
them
taking
the
charge
of
the
Execution
of
the
said
Commission
,
such
and
as
much
of
the
said
Fish-gart
his
and
other
Impediments
to
be
made
in
the
said
Waters
,
(
viz.
of
Ouse
and
Humber
)
to
the
Let
,
Disturbance
,
Damage
or
Ieoperdy
of
any
Ships
,
Keyls
,
Boats
or
any
other
Vessels
,
passing
or
repassing
,
to
or
from
the
said
City
of
York
to
the
said
Town
of
Hull
,
as
by
them
shall
be
thought
meet
and
convenient
24
H.
8.
C.
1●
.
§
2.
N.
4.
And
if
the
Offence
,
Fowle
.
(
viz.
not
endeavouring
to
destroy
Crows
Rooks
and
Choughs
)
be
done
contrary
to
this
Statute
by
any
person
,
&c.
which
shall
dwell
and
have
the
Manurance
of
and
in
such
Mannors
,
Meases
,
Lands
,
Tenements
or
Hereditaments
,
whereunto
such
Leets
,
Law-days
,
Rapes
and
Courts
do
not
belong
,
or
by
reason
whereof
any
such
Courts
be
not
holden
,
that
then
upon
a
Presentment
thereof
had
before
the
Sheriffs
,
&c.
or
Iustices
of
Peace
in
their
Sessions
,
&c.
the
Iustices
of
Peace
or
two
of
them
at
the
least
,
if
the
Presentment
be
before
them
in
their
Sessions
,
shall
assess
and
set
the
said
Amerciament
after
the
quantity
of
the
Offence
,
by
their
discretions
,
&c.
Justices
.
And
further
be
it
Enacted
,
§
5.
N.
1.
&c.
That
as
well
the
Iustices
of
the
Peace
in
their
Sessions
,
&c.
to
be
hereafter
holden
before
them
or
any
of
them
▪
shall
give
in
Charge
to
the
Tenants
and
Inhabitants
,
and
all
other
appearing
before
any
of
them
,
that
they
shall
duly
inquire
and
put
in
execution
the
effect
of
the
Premises
in
due
time
,
(
viz.
yearly
)
so
that
this
Act
may
be
fully
executed
,
and
Choughs
,
Crows
and
Rooks
,
thereby
destroyed
in
all
parts
of
this
Realm
,
&c.
Fowle
.
And
if
any
such
Owner
or
Farmer
(
viz.
on
whose
Grounds
Rooks
,
§
7.
N.
2.
Choughs
or
Crows
be
killed
)
refuse
to
pay
the
said
mony
accordingly
as
is
aforesaid
,
(
viz.
two
pence
for
twelve
,
a
penny
for
six
,
a
half-penny
for
three
old
Rooks
,
Choughs
or
Crows
killed
)
then
upon
Complaint
and
Proof
thereof
made
to
any
of
the
Iustices
of
Peace
or
High-Constable
,
the
said
Iustice
of
Peace
or
High-Constable
shall
cause
the
said
mony
to
be
levyed
by
distress
of
the
Goods
and
Cattels
of
every
such
Farmer
or
Owner
refusing
to
pay
the
same
,
according
to
the
Tenor
and
Effect
of
this
Act.
Coron.
And
that
Iustices
of
Peace
shall
have
Power
and
Authority
within
the
limits
of
their
Commissions
and
Iurisdiction
,
25
H.
8.
C.
6.
§
1.
N.
5.
to
hear
and
determine
the
said
Offence
,
(
viz.
of
Buggery
with
Mankind
or
Beast
)
as
they
do
use
to
do
in
Cases
of
other
Felonies
.
Fowle
.
And
be
it
Enacted
,
C.
11.
§
3.
N.
●
.
&c.
that
all
Iustices
of
the
Peace
within
the
limits
of
their
Commissions
,
shall
have
Power
and
Authority
to
inquire
,
hear
and
determine
the
Offences
aforesaid
,
(
viz.
taking
Wild-fowle
with
Nets
between
the
last
of
May
and
the
last
of
August
,
or
their
Eggs
,
&c.
)
like
as
they
commonly
use
to
do
in
Cases
of
Tresspass
.
Cattel
.
And
it
is
further
Enacted
,
C.
13.
§
5.
N.
1.
that
the
Iustices
of
Peace
of
every
Shire
shall
have
Power
and
Authority
to
inquire
of
the
Offenders
of
this
Act
,
(
viz.
keeping
above
two
thousand
Sheep
)
as
well
by
the
Oaths
of
twelve
men
as
by
Information
of
any
of
the
Kings
Subjects
,
and
to
make
such
like
Process
upon
every
Presentment
or
Information
concerning
this
Act
,
as
they
use
commonly
to
do
upon
Presentments
before
them
of
Trespass
.
Bayl.
Or
else
in
their
(
viz.
the
Ordinary's
)
default
if
they
refuse
,
C.
14.
§
8.
N.
2.
&c.
(
viz.
to
Bail
an
Heretick
)
then
by
discretion
of
two
Iustices
of
Peace
of
that
Shire
,
where
such
persons
so
accused
or
presented
shall
inhabit
,
by
four
sufficient
Sureties
to
be
bounden
to
the
Kings
use
by
Obligation
or
Recognizance
,
to
appear
before
the
Ordinaries
at
such
days
,
&c.
as
shall
be
limited
in
the
said
Bonds
,
&c.
Sewers
.
And
that
the
Kings
Iustices
of
Peace
within
every
of
the
said
Counties
of
Glocester
and
Sommerset
,
at
their
Quarter
Sessions
,
26
H.
8.
5.
§
2.
N.
1.
shall
have
full
Power
and
Authority
to
call
before
them
,
all
such
persons
which
hereafter
shall
keep
any
of
the
said
Passages
,
or
any
other
Ferry
or
Passage
over
the
said
Water
(
viz.
the
Severn
)
into
Wales
,
or
the
said
Forest
,
(
viz.
of
Dean
)
or
out
of
Wales
,
or
the
said
Forest
into
England
,
and
to
bind
them
with
sufficient
Sureties
with
them
in
Recognizance
,
in
such
sums
of
mony
as
it
shall
seem
to
the
discretion
of
the
said
Iustices
of
Peace
,
that
they
and
every
of
them
being
Passengers
,
and
Keepers
of
Ferries
and
Passages
as
is
aforesaid
,
from
henceforth
shall
not
after
the
said
times
before
limited
and
appointed
,
(
viz.
beeween
Sun
setting
and
Sun-rising
)
convey
or
carry
,
or
cause
to
be
conveyed
or
carried
,
any
manner
of
person
or
persons
,
or
any
kind
of
Cattel
,
but
such
persons
as
they
do
know
and
will
answer
for
,
and
know
where
their
Abidings
,
Dwellings
and
Habitations
be
,
and
upon
request
made
to
them
or
any
of
them
as
is
aforesaid
,
shall
from
time
to
time
disclose
as
well
the
same
person
or
persons
,
as
the
Goods
and
Cattels
so
passing
the
said
Passages
,
upon
fresh
suit
made
or
hereafter
to
be
made
,
upon
any
Felony
,
Murder
or
Robbery
,
committed
and
done
in
the
Borders
of
the
Counties
aforesaid
,
or
in
any
other
place
within
this
Realm
or
South-Wales
.
Behavior
.
Be
it
therefore
Enacted
,
26
H
8.
C.
12.
§
4.
N.
1.
&c.
that
every
such
person
and
persons
within
such
Orders
of
Sub-Deacon
,
or
above
,
being
convict
of
any
pety
Treason
,
or
of
any
Murder
,
of
Malice
prepensed
,
or
of
any
the
said
Felonies
above
rehearsed
,
(
viz.
23
H.
8.
1.
§
4.
N.
2.
)
or
of
any
accessary
to
pety
Treason
,
&c.
before
any
Lord
Marcher
,
Steward
,
Lieutenant
,
Deputy
,
or
other
Iustice
or
Officer
within
Wales
,
or
within
any
other
place
,
City
,
Town
,
Honour
,
Lordship
or
Mannor
within
the
Kings
Dominion
,
where
no
Iustices
of
the
Peace
and
of
the
Quorum
be
,
and
thereupon
the
same
Convict
admitted
unto
his
Clergy
,
that
the
same
person
or
persons
so
being
within
such
holy
Orders
and
Convict
,
&c.
and
delivered
unto
the
Ordinary
as
Clerk
Convict
for
the
same
,
shall
or
may
find
two
Sureties
by
Recognizance
for
his
good
abearing
before
two
of
the
Kings
Iustices
of
Peace
,
whereof
one
to
be
of
the
Quorum
,
in
the
Shire
where
the
said
Convict
is
or
shall
be
kept
in
the
Ordinaries
Prison
,
if
the
same
Prison
be
within
the
Shire-ground
where
Iustices
of
the
Peace
,
and
of
the
Quorum
be
:
or
else
before
two
of
the
Kings
Iustices
of
Peace
,
whereof
one
to
be
of
the
Quorum
in
the
next
Shire
adjoyning
unto
the
same
Prison
.
27
H.
8.
C.
5.
§
1.
N.
2.
For
redress
and
amputation
whereof
(
viz.
Of
the
Increase
of
Robberies
,
Coron.
&c.
)
and
to
the
intent
,
that
one
Order
of
ministring
his
Laws
should
be
had
,
&c.
as
in
other
places
of
this
Realm
of
England
,
&c.
It
is
Ordained
,
&c.
That
the
Lord
Chancellor
of
England
,
or
the
Lord
Keeper
of
the
Great
Seal
,
for
the
time
being
,
from
time
to
time
,
and
all
times
,
shall
have
full
power
and
authority
by
his
discretion
to
nominate
and
appoint
Iustices
of
the
Peace
,
Iustices
of
the
Quorum
,
and
Iustices
of
Goal
delivery
,
in
the
said
Counties
of
Chester
,
Flint
,
Anglesey
,
Caernarvan
,
Pembroke
,
and
Glamorgan
,
by
Commission
under
the
Kings
Great
Seal
,
which
shall
have
full
power
and
authority
,
to
inquire
,
hear
,
and
determin
all
manner
of
thing
and
things
inquirable
,
presentable
,
or
determinable
before
Iustices
of
Peace
,
Iustices
of
Quorum
,
and
Iustices
of
Goal
delivery
,
in
other
Shires
of
the
Realm
of
England
,
by
force
or
vertue
of
any
Statute
or
Statutes
made
or
to
be
made
,
or
by
the
course
of
the
Common
Laws
of
this
Realm
.
C.
16.
§
1.
N.
2.
Or
else
(
viz.
Bargain
and
Sale
to
be
inrolled
)
within
the
same
County
or
Counties
,
where
the
same
Manors
,
Lands
,
Inrolment
.
or
Tenements
so
bargained
and
sold
lie
or
be
,
before
the
Custos
Rotulorum
,
and
two
Iustices
of
the
Peace
,
and
the
Clerk
of
the
Peace
of
the
same
County
or
Counties
,
or
two
of
them
,
at
the
least
,
whereof
the
Clerk
of
the
Peace
to
be
one
.
C.
20.
§
1.
N.
5.
And
in
case
the
Ordinary
of
the
Diocess
,
or
his
Commissary
,
Tyths
.
or
the
Archdeacon
,
or
his
Official
,
or
any
other
competent
Iudge
aforesaid
(
viz.
in
Suit
for
Subtraction
of
Tythes
)
for
any
contempt
,
contumacy
,
or
disobedience
,
or
other
misdemeanour
of
the
party
defendant
,
make
information
and
request
to
any
of
the
Kings
most
honorable
Council
,
or
to
the
Iustices
of
the
Peace
of
the
Shire
,
where
such
Offender
dwelleth
,
to
assist
and
aid
the
same
Ordinary
,
Commissary
,
Arch-Deacon
,
Official
or
Iudge
,
to
order
or
reform
any
such
Person
in
any
Cause
before
rehearsed
,
that
then
he
of
the
Kings
said
honorable
Council
or
such
two
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
to
whom
such
Information
or
request
shall
be
made
,
shall
have
full
power
and
authority
by
vertue
of
this
Act
to
attach
or
cause
to
be
attached
the
Person
,
or
Persons
against
whom
the
Information
or
request
shall
be
made
,
32
H.
8.
cap.
7.
§
4.
N.
1.
§
1.
N.
6.
And
to
commit
the
same
Person
or
Persons
to
ward
,
Imprisonment
.
there
to
remain
without
Bail
or
Mainprise
,
till
that
he
or
they
shall
have
found
sufficient
Surety
to
be
bound
by
Recognizance
or
otherwise
before
the
Kings
said
Counsellor
or
Iustice
of
Peace
,
or
any
other
like
Counsellor
or
Iustice
of
Peace
to
the
use
of
our
said
Soveraign
Lord
the
King
to
give
due
obedience
to
the
Process
,
Proceedings
,
Decrees
,
and
Sentences
of
the
Ecclesiastical
Court
of
this
Realm
,
wherein
such
Suit
or
matter
for
the
Premises
shall
depend
or
be
.
§
1.
N.
7
And
that
every
of
the
Kings
said
Counsellors
,
Justices
.
or
two
Iustices
of
the
Peace
;
whereof
the
one
to
be
of
the
Quorum
,
as
is
aforesaid
,
shall
have
full
power
and
authority
by
vertue
of
this
Act
,
to
take
,
receive
,
and
record
Recognizances
and
Obligations
in
any
of
the
Causes
above-written
.
C.
24.
§
2.
N.
1.
And
be
it
also
Enacted
,
&c.
That
no
Person
or
Persons
of
what
estate
,
Deputy
.
degree
,
or
condition
soever
they
be
,
&c.
shall
have
any
power
or
authority
to
make
any
&c.
Iustices
of
Peace
,
&c.
Lambert.
25.
§
2.
N.
2.
But
that
all
such
Officers
and
Ministers
shall
be
made
by
Letters
Patents
under
the
Kings
Great
Seal
,
Patents
.
in
the
name
and
by
the
authority
of
the
Kings
Highness
,
and
his
Heirs
,
Kings
of
this
Realm
in
all
Shires
,
Counties
,
Counties
Palatine
,
and
other
places
of
this
Realm
,
Wales
,
and
the
Marches
of
the
same
,
or
in
any
other
of
his
Dominions
at
their
pleasure
and
wills
,
in
such
manner
and
form
as
,
&c.
Iustices
of
the
Peace
,
&c.
commonly
made
in
every
Shire
of
this
Realm
,
any
Grants
,
Vsages
,
Prescription
,
Allowance
,
Act
or
Acts
of
Parliament
,
or
a●
other
thing
or
things
to
the
contrary
thereof
notwithstanding
.
Indictment
.
And
that
in
every
Writ
and
Indictment
,
§
4.
N.
1.
that
shall
be
made
in
any
such
County
Palatine
or
Liberty
,
&c.
whereby
it
shall
be
supposed
any
thing
to
be
done
against
the
Kings
Peace
,
shall
be
made
,
and
supposed
to
be
done
only
against
the
Kings
Peace
,
his
Heirs
and
Successors
,
and
not
against
the
Peace
of
any
other
Person
or
Persons
whatsoever
they
be
,
any
Act
of
Parliament
,
Grant
,
Custome
,
Vsage
,
or
Allowance
in
Eyre
before
this
time
had
,
granted
,
or
used
to
the
contrary
notwithstanding
.
Franchise
.
Provided
alwayes
,
that
,
§
5.
N.
1.
&c.
Iustices
of
Peace
to
be
made
and
assigned
by
the
Kings
Highness
within
the
County
Palatine
of
Lancaster
,
shall
be
made
and
ordained
by
Commission
under
the
Kings
usual
Seal
of
Lancaster
,
in
manner
and
form
as
hath
been
accustomed
,
any
thing
in
this
Act
to
the
contrary
thereof
notwithstanding
.
Corporation
.
Provided
also
that
all
Cities
,
Boroughs
,
§
6.
N.
1.
and
Towns
Corporate
within
this
Realm
,
which
have
liberty
,
power
and
authority
to
have
Iustices
of
Peace
,
&c.
shall
still
have
and
enjoy
their
liberties
and
authorities
in
that
behalf
,
in
such
like
manner
as
they
have
been
accustomed
without
any
alteration
by
occasion
of
this
Act
,
any
thing
in
this
Act
,
or
in
any
Article
therein
contained
to
the
contrary
thereof
notwithstanding
.
Justices
.
And
it
is
Enacted
,
&c.
That
all
such
Iustices
to
be
made
,
§
16.
N.
1.
as
is
afore
rehearsed
in
this
Act
,
shall
have
authority
and
power
to
keep
and
hold
their
Sessions
of
Peace
,
&c.
from
time
to
time
,
only
within
the
same
Liberties
and
Franchises
,
and
in
such
places
,
and
in
none
other
places
,
by
reason
and
authority
of
that
Commission
,
and
to
do
and
execute
all
other
things
within
the
same
,
in
as
ample
and
large
manner
,
as
any
other
Iustices
of
Peace
,
&c.
in
any
Shire
within
this
Realm
may
do
,
and
have
authority
to
do
,
any
Act
,
Grant
,
Vse
,
Custome
,
and
Allowance
heretofore
had
,
made
,
or
used
,
or
any
Article
in
this
present
Act
made
to
the
contrary
notwithstanding
.
Franchise
.
Provided
alwayes
,
That
all
and
singular
Iustices
of
the
Peace
,
§
17.
N.
1.
&c.
hereafter
to
be
made
,
named
,
and
appointed
by
the
Kings
Highness
,
his
Heirs
and
Successors
within
any
Liberty
,
where
any
such
Iustice
of
Peace
,
&c.
have
been
made
by
any
person
or
persons
by
virtue
or
authority
of
any
Letters
Patents
of
the
Gift
or
Grant
of
our
Soveraign
Lord
the
King
,
or
his
most
noble
Progenitors
,
Kings
of
this
Realm
,
or
otherwise
shall
sit
and
keep
their
Sessions
,
&c.
only
in
such
place
and
places
,
as
the
Iustices
of
the
said
Liberties
lately
have
commonly
used
within
the
said
Liberties
.
Corporation
And
that
no
Person
or
Persons
within
the
said
Liberties
,
§
17.
N.
2.
or
any
of
them
,
shall
be
hereafter
in
no
wise
compelled
by
authority
of
this
Act
to
appear
out
of
the
said
Liberties
before
any
other
Iustices
,
&c.
of
the
Peace
,
then
before
such
Iustices
as
shall
be
named
and
assigned
,
to
sit
and
be
by
the
Kings
Highness
,
his
Heirs
and
Successors
within
the
said
Liberties
in
form
aforesaid
.
Cinque
Ports
.
Provided
always
,
and
be
it
Enacted
,
§
20.
N.
1.
that
Thomas
now
Bishop
of
Ely
and
his
Successors
,
Bishops
of
Ely
,
and
their
temporal
Steward
of
the
Isle
of
Ely
,
for
the
time
being
,
and
every
of
them
,
shall
from
henceforth
be
Iustices
of
Peace
within
the
said
Isle
and
shall
use
and
exercise
all
manner
of
things
within
the
same
Isle
,
that
appertain
or
belong
to
any
Iustice
of
Peace
within
any
County
of
this
Realm
of
England
,
to
do
,
exercise
,
and
use
,
by
virtue
and
authority
,
that
they
be
Iustices
of
Peace
in
as
ample
and
large
manner
,
as
any
other
Iustices
of
Peace
,
in
any
County
within
this
Realm
have
or
might
do
,
exercise
,
or
use
,
any
thing
or
things
in
this
Act
contained
to
the
contrary
notwithstanding
.
Eccles.
Persons
.
Provided
always
,
and
be
it
Enacted
,
§
21.
N.
1.
that
Cuthbert
now
Bishop
of
Durham
and
his
Successors
,
Bishops
of
Durham
,
and
their
temporal
Chancellor
of
the
County
Palatine
of
Durham
,
for
the
time
being
,
and
every
of
them
shall
from
henceforth
be
Iustices
of
the
Peace
within
the
said
County
Palatine
of
Durham
,
and
shall
exercise
and
use
all
manner
of
things
within
the
same
County
Palatine
,
that
appertaineth
or
belongeth
to
any
Iustice
of
Peace
within
any
County
of
this
Realm
of
England
,
to
do
,
exercise
,
and
use
,
by
virtue
and
authority
,
that
they
be
Iustices
of
Peace
,
in
as
●●●●ple
and
large
manner
,
as
any
other
Iustices
of
Peace
in
any
County
within
this
Realm
have
,
or
might
do
,
exercise
,
or
use
,
any
thing
or
things
in
this
Act
contained
to
the
contrary
notwithstanding
.
§
22.
N.
1.
Provided
alwayes
,
and
be
it
Enacted
,
Justices
.
That
Edward
now
Arch-Bishop
of
York
,
and
his
Successors
,
Arch-Bishops
of
York
,
and
their
temporal
Chancellor
of
the
Shire
and
Liberty
of
Hexam
,
otherwise
called
Hextoldsham
,
for
the
time
being
,
and
every
of
them
,
shall
from
henceforth
be
Iustices
of
Peace
within
the
said
Shire
and
Liberty
of
Hexam
,
&c.
and
shall
exercise
and
use
all
manner
of
things
within
the
said
Shire
and
Liberty
,
that
appertaineth
or
belongeth
to
any
Iustice
of
Peace
within
any
County
of
this
Realm
of
England
,
to
do
,
exercise
,
and
use
,
by
vertue
and
authority
,
that
they
be
Iustices
of
Peace
,
in
as
large
and
ample
manner
as
any
other
Iustice
of
Peace
in
any
County
within
this
Realm
have
or
might
do
,
exercise
,
or
use
,
any
thing
or
things
in
this
Act
contained
to
the
contrary
notwithstanding
.
Cap.
28.
(
27.
)
§
11.
N.
1.
And
over
that
it
is
Enacted
,
Husbandry
.
That
all
Iustices
of
Peace
in
every
Shire
where
every
such
offence
(
Viz.
Of
not
using
Husbandry
on
dissolved
Monastery
,
&c.
)
shall
be
committed
and
done
,
contrary
to
the
true
meaning
and
intent
of
this
present
Act
,
shall
in
every
quarter
and
general
Sessions
within
the
limit
of
their
Commission
,
inquire
of
the
Premises
,
and
shall
have
full
power
and
authority
to
hear
and
determine
the
same
.
28
H.
8.
C.
14.
§
4.
N.
1.
And
it
is
also
Enacted
,
Wine
.
That
the
Iustices
of
Peace
in
every
Shire
of
this
Realm
,
and
all
Mayors
,
&c
and
every
of
them
,
within
the
limits
of
their
Commissions
and
authorities
,
as
well
within
Franchises
as
without
,
shall
have
power
and
authority
to
examine
,
hear
,
inquire
,
and
determine
the
defaults
of
such
,
as
shall
attempt
to
sell
any
Wines
in
gross
contrary
to
this
Act
,
and
to
punish
the
Offenders
by
Imprisonment
or
otherwise
by
their
discretions
.
31
H
8.
Ca.
8.
§
9.
N.
1.
Provided
also
,
Prerog
.
That
if
any
Proclamation
or
Proclamations
hereafter
shall
be
directed
by
virtue
of
this
Act
(
viz.
For
any
thing
not
concerning
Inheritance
,
&c.
)
to
the
Iustices
of
Peace
of
any
Shire
or
County
,
that
then
within
fourteen
dayes
after
the
receipt
thereof
,
the
same
Iusties
shall
and
may
by
their
discretions
divide
themselves
(
viz.
As
on
Act
of
Parliament
)
in
sundry
parts
and
places
within
the
limits
of
their
Commission
,
for
the
due
and
speedy
execution
of
the
contents
of
the
same
Proclamation
or
Proclamations
.
C.
14.
§
17.
N.
3.
And
also
,
That
Iustices
of
Peace
in
their
Sessions
,
Religion
.
and
every
Steward
,
Vnder-Steward
,
and
Deputy
of
Steward
of
any
Leet
or
Law-day
,
in
their
Leet
,
or
Law
day
shall
have
like
power
and
authority
by
virtue
of
this
Act
to
inquire
by
the
Oaths
of
twelve
lawful
men
,
of
all
and
singular
the
Heresies
,
Contempts
,
and
other
Offences
(
viz.
Against
the
six
Articles
,
&c.
)
done
,
perpetrated
or
committed
within
the
limits
of
their
Commissions
and
Authorities
,
1
Ed.
6
Cap.
12
§
4.
N.
1.
32
H.
8.
Cap.
7.
§
4.
N.
1.
And
further
be
it
Enacted
,
&c.
Tythes
.
That
if
any
Person
or
Persons
after
such
Sentence
definitive
given
against
them
(
Viz.
In
suit
by
Ecclesiastical
or
Lay-man
seised
of
Parsonage
,
&c.
For
tythes
.
)
obstinately
and
wilfully
refuse
for
to
pay
their
Tythes
,
or
such
Sums
of
Mony
so
adjudged
(
viz.
By
the
Ordinary
)
wherein
they
be
condemned
for
the
same
,
that
then
two
Iustices
of
the
Peace
of
the
same
Shire
,
whereof
one
to
be
of
the
Quorum
,
shall
have
authority
by
this
Act
,
upon
Information
,
Certificate
,
or
Complaint
to
them
made
by
writing
by
the
said
Ecclesiastical
Iudge
,
that
gave
the
same
Sentence
,
to
cause
the
same
Party
so
refusing
to
be
attached
and
committed
to
the
next
Goal
,
and
there
to
remain
without
Bail
or
Mainprize
,
till
he
or
they
shall
have
found
sufficient
Sureties
to
be
bound
by
Recognisance
,
or
otherwise-before
the
same
Iustices
,
to
the
use
of
our
Sovereign
Lord
the
King
,
to
perform
the
said
definitive
Sentence
and
Iudgment
,
27
H.
8.
Cap.
20.
§
1.
N
5.
C.
13.
§
8.
N.
1.
And
it
is
further
Enacted
,
&c.
Cattle
.
That
the
Iustices
of
Peace
in
every
Shire
,
Riding
,
and
other
Place
in
their
Quarter
Sessions
to
be
kept
and
holden
by
virtue
of
the
Kings
Commission
of
the
Peace
to
them
directed
,
and
all
Stewards
of
Leets
,
&c.
shall
have
authority
by
this
Act
to
inquire
of
all
defaults
,
Contempts
,
Omissions
,
and
Offences
contrary
to
the
effects
above
written
,
&c.
(
viz.
Of
putting
in
Horses
not
measure
or
infected
into
Forest
,
Common
,
&c.
)
Common
.
Which
Iustices
of
Peace
in
their
Quarter
Sessions
of
the
Peace
shall
have
power
and
authority
by
this
Act
to
hear
and
determine
every
such
Presentment
before
themselves
found
,
§
8.
N.
3.
or
in
any
of
the
said
Leets
or
Lawdays
to
be
presented
and
certified
,
&c.
as
well
by
Examination
as
otherwise
.
Franchise
.
In
consideration
(
viz.
of
the
travelling
too
often
of
the
Gentry
,
&c.
)
be
it
Enacted
,
&c.
C.
43.
§
1.
N.
8.
That
from
henceforth
the
Law
and
Administration
of
Iustice
,
and
all
other
things
in
the
said
County
,
(
viz.
of
Chester
)
in
times
past
used
to
be
had
at
the
said
Shire
days
,
shall
be
holden
,
had
,
made
,
done
,
and
executed
by
the
Iustices
of
the
said
County
for
the
time
being
,
at
two
times
in
the
year
only
,
that
is
to
wit
at
the
Sessions
next
after
the
Feast
of
St.
Michael
the
Archangel
,
and
at
the
Sessions
next
after
Easter
yearly
for
ever
,
during
so
many
days
of
every
of
the
said
time
or
times
,
as
need
shall
require
,
in
like
manner
and
form
as
it
is
now
used
in
the
County
Palatine
of
Lancaster
.
Parliament
.
Henry
the
Eighth
by
the
grace
of
God
King
of
England
,
France
,
and
Irelend
,
Defender
of
the
Faith
,
and
of
the
Church
of
England
,
33
H.
8.
pa.
532.
and
also
of
Ireland
,
in
Earth
Supream
Head
,
to
the
honour
of
Almighty
God
,
and
for
the
concord
,
quiet
,
and
wealth
of
this
his
Realm
and
Subjects
of
the
same
,
held
his
most
high
Court
of
Parliament
,
begun
at
Westminster
the
sixteenth
day
of
January
and
continued
until
the
first
day
of
April
,
the
three
and
thirtieth
year
of
his
most
noble
and
virtuous
Reign
,
wherein
were
established
these
Acts
following
.
Collusion
.
Forasmuch
as
many
light
and
evil
disposed
Persons
,
not
minding
to
get
their
livings
by
Truth
,
according
to
the
Laws
of
this
Realm
,
Cap.
1.
but
compassing
and
devising
daily
how
they
may
unlawfully
obtain
and
get
into
their
hands
and
possession
,
Goods
,
Cattel
and
Iewels
of
other
Persons
for
the
maintainance
of
their
unthrifty
living
,
and
also
knowing
,
that
if
they
come
to
any
of
the
same
Goods
,
Cattles
,
and
Iewels
by
stealth
,
that
then
they
being
thereof
lawfully
convict
,
according
to
the
Laws
of
the
Realm
,
shall
die
therefore
:
have
now
of
late
falsely
and
deceitfully
contrived
,
devised
and
imagined
privy
Tokens
,
and
counterfeit
Letters
in
other
mens
names
,
unto
divers
persons
their
special
friends
and
acquaintances
,
for
the
obtaining
of
Mony
,
Goods
,
Cattels
and
Iewels
,
of
the
same
persons
their
friends
and
acquaintances
,
by
colour
whereof
the
said
light
and
evil
disposed
Persons
have
deceitfully
and
unlawfully
obtained
and
gotten
great
substance
of
Mony
,
Goods
,
Cattels
,
and
Iewels
into
their
hands
and
Possessions
,
contrary
to
right
and
Conscience
.
Coron.
For
reformation
whereof
,
§
2.
N.
1.
be
it
ordained
and
Enacted
by
Authority
of
this
present
Parliament
,
that
if
any
person
or
persons
,
of
what
estate
or
degree
soever
he
or
they
be
,
at
any
time
after
the
first
day
of
April
next
coming
,
falsly
and
deceitfully
obtain
and
get
into
his
or
their
hands
or
possession
,
any
Mony
,
Goods
,
Cattel
,
Iewels
or
other
things
,
of
any
other
Person
or
Persons
,
by
colour
and
means
of
any
such
false
token
or
counterfeit
Letter
made
in
any
other
mans
name
,
as
is
aforesaid
,
that
then
every
such
Person
and
Persons
so
offending
,
and
being
thereof
lawfully
convict
by
Witnesses
taken
before
the
Lord
Chancellor
of
England
,
for
the
time
being
,
or
by
Examination
of
Witnesses
,
or
Confession
taken
in
the
Star-Chamber
at
Westminster
before
the
Kings
most
honourable
Council
,
or
before
the
Iustices
of
Assize
in
their
Circuits
for
the
time
being
,
or
before
the
Iustices
of
Peace
within
any
part
of
the
Kings
Dominions
in
their
general
Sessions
,
or
by
Action
in
any
of
the
Kings
Courts
of
Record
.
Imprisonment
.
Shall
have
and
suffer
such
Correction
and
punishment
by
Imprisonment
of
his
Body
,
sitting
upon
the
Pillory
,
or
otherwise
,
§
2.
N.
2.
by
any
Corporal
Pain
(
except
pains
of
death
)
as
shall
be
unto
him
or
them
limited
,
adjudged
or
appointed
by
the
Person
or
Persons
before
whom
he
shall
be
so
convict
of
the
said
Offences
or
any
of
them
Process
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
§
3.
N.
1.
that
as
well
the
Iustices
of
Assize
for
the
time
being
,
as
also
two
Iustices
of
the
Peace
in
every
County
,
whereof
the
one
to
be
of
the
Quorum
,
shall
have
free
Power
and
Authority
,
to
call
and
convent
by
Process
or
otherwise
,
to
the
said
Assizes
or
general
Sessions
,
any
person
or
persons
being
suspected
of
any
of
the
Offences
aforesaid
,
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
,
as
is
abovesaid
.
§
4.
N.
1.
Provided
always
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
Franchises
.
that
Iustices
of
Peace
within
every
City
,
Borough
,
Town
and
Franchise
within
this
Realm
,
or
other
the
Kings
Dominions
,
shall
have
like
Iurisdiction
,
Power
and
Authority
at
their
general
Sessions
,
and
otherwise
to
do
and
execute
,
all
and
every
thing
and
things
in
all
points
,
as
other
Iustices
of
Assizes
in
their
Circuits
,
or
Iustices
of
the
Peace
in
the
Counties
,
by
Virtue
of
this
Act
be
limited
and
appointed
,
to
do
and
execute
for
the
Punishment
and
Correction
of
like
Offenders
,
as
by
this
foresaid
Act
is
specified
and
declared
.
§
4.
N.
2.
Saving
to
the
Party
greived
by
such
deceit
,
Collusion
.
such
Remedy
by
way
of
Action
or
otherwise
,
of
and
for
the
same
Mony
,
Goods
,
Cattels
,
Iewels
or
other
things
so
obtained
,
as
he
might
have
had
if
this
Act
had
never
been
had
ne
made
,
anything
in
the
same
contained
to
the
contrary
,
in
any-wise
notwithstanding
.
§
5.
N.
1.
Provided
alwayes
,
France
.
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
that
the
Kings
Highness
Council
of
his
Town
of
Calice
,
or
three
of
them
for
the
time
being
,
shall
have
such
and
like
Authority
for
the
Examination
,
Bailment
and
Punishment
of
such
Offender
or
Offenders
,
and
for
such
Offences
hereafter
to
be
committed
and
done
,
within
the
Town
and
Marches
of
Calice
,
and
County
of
Gui●nes
,
as
the
aforesaid
Iustices
of
Assize
or
Iustices
of
Peace
have
by
force
of
this
Act
,
whithin
their
Iurisdictions
and
Authorities
.
C.
●
.
§
16.
N.
2.
And
that
the
same
Iustices
of
Peace
,
Games
.
(
viz.
before
whom
any
is
brought
for
using
Cross-bow
,
Hand-gun
,
Hagbut
or
Demyhake
not
measure
,
&c.
)
upon
a
due
Examination
and
Proof
thereof
before
him
had
or
made
by
his
disretien
,
shall
have
full
Power
and
Authority
,
to
send
or
commit
the
same
Offender
or
Offenders
,
to
the
next
Goal
,
there
to
remain
till
such
time
as
the
said
Penalty
or
Forfeiture
,
(
Viz.
of
10
l.
)
shall
be
truly
contented
and
paid
by
the
same
Offender
.
§
19.
N.
1
And
be
it
further
Enacted
,
Justices
.
&c.
that
it
shall
be
lawful
to
all
Iustices
of
Peace
in
their
Sessions
,
&c.
to
inquire
,
hear
and
determine
every
such
Offence
,
&c.
committed
and
done
contrary
to
the
tenor
of
this
present
Act.
C.
9.
§
10.
N.
3
And
that
Iustices
of
Assize
,
of
Goal-delivery
,
Iustices
of
Peace
,
Games
.
and
Stewards
of
Franchises
,
Leets
and
Law-days
,
have
Power
to
inquire
of
all
the
Premises
(
viz.
of
Archery
)
in
their
Sessions
,
Leets
and
Law-days
,
and
hear
and
determine
the
same
,
and
also
by
their
discretion
,
examin
all
persons
lacking
and
not
having
Bows
,
Shafts
and
Arrows
according
to
the
form
aforesaid
.
§
14.
N.
1.
Be
it
further
Enacted
,
Process
.
&c.
that
it
shall
be
lawful
to
all
and
every
the
Iustices
of
Peace
in
every
Shire
,
Mayors
,
Sheriffs
,
Bailiffs
and
other
head-Officers
,
within
every
City
,
Town
and
Borough
within
this
Realm
.
from
time
to
time
as
well
within
liberties
as
without
,
as
Need
and
Case
shall
require
,
to
come
,
enter
and
resort
,
into
all
and
every
Houses
,
Places
and
Alleys
where
such
Games
(
viz.
Bowling
,
Coyting
,
Cloysh
,
Cayls
,
half-Bowl
,
Tennis
,
Dicing
,
Table
or
Carding
,
or
any
unlawful
now
Game
hereafter
to
be
invented
,
&c.
)
shall
be
suspected
to
be
holden
,
exercised
,
used
or
occupyed
contrary
to
the
form
of
this
Statute
.
§
14.
N.
2.
And
as
well
the
Keepers
of
the
same
,
as
also
the
persons
there
haunting
,
Imprisonment
.
resorting
and
playing
,
to
take
,
arrest
and
imprison
,
and
them
so
taken
and
arrested
to
keep
in
Prison
,
unto
such
time
as
the
Keepers
and
Maintainers
of
the
said
Plays
and
Games
,
have
found
Sureties
to
the
Kings
use
,
to
be
bound
by
Recognizance
or
otherwise
,
no
longer
to
use
,
keep
or
occupy
,
any
such
House
,
Play
,
Game
,
Alley
or
Place
.
§
14.
N.
3.
And
also
that
the
persons
there
so
found
be
in
likewise
bound
by
themselves
,
or
else
with
Sureties
,
by
the
discretion
of
the
Iustices
,
Mayors
,
Recognizance
.
Sheriffs
,
&c.
no
more
to
play
,
haunt
or
exercise
from
thenceforth
,
in
,
at
or
to
any
of
the
said
places
,
or
at
any
of
the
said
games
.
Parliament
.
Forasmuch
as
before
this
time
divers
and
sundry
good
Laws
,
Statutes
,
Cap
10.
Provisions
and
Ordinances
have
been
made
,
by
the
Kins
Majesty
our
Natural
Soveraign
Lord
and
other
his
most
Noble
Progenitors
,
for
the
Increase
and
Advancement
of
the
Publick
and
Common-Wealth
of
this
Realm
of
England
,
and
of
his
Highness
Subjects
of
the
same
,
amongst
which
some
special
,
notable
and
profitable
Laws
,
Statutes
,
Ordinances
and
Provisions
be
very
requisite
,
convenient
and
expedient
for
the
same
Common-wealth
,
duly
and
diligently
to
be
put
in
daily
Exercise
and
Execution
.
Process
.
And
such
as
have
been
and
be
Authorised
to
put
in
due
and
just
Execution
such
special
and
notable
Laws
,
Statutes
and
Ordinances
,
§
1.
N.
2.
and
to
correct
and
punish
the
Infringers
and
Contemners
thereof
,
in
such
wise
as
is
limited
by
the
same
,
have
been
very
remiss
and
negligent
in
doing
their
Offices
,
to
the
great
detriment
,
hurt
and
prejudice
of
the
Common-wealth
.
Days
.
For
Reformation
whereof
,
§
1.
N.
3.
be
it
Enacted
by
the
King
our
Soveraign
Lord
,
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
,
that
all
and
singular
the
Iustices
of
Peace
,
within
any
Shire
,
City
,
Borough
or
Place
within
this
Realm
of
England
,
Wales
,
or
any
other
the
Kings
Dominions
,
shall
yearly
at
the
general
Sessions
of
the
Peace
to
be
holden
next
after
the
Feast
of
Easter
,
assemble
themselves
together
,
that
is
to
say
,
every
Number
of
them
within
the
limits
of
their
Commissions
wherein
they
be
named
Iustices
of
Peace
.
37
H.
8.
Cap.
7.
Peace
.
And
at
and
upon
such
their
Assembly
,
§
1.
N.
4.
shall
diligently
together
amongst
themselves
,
peruse
,
examine
,
study
and
know
,
the
Effects
and
true
Intents
of
the
Laws
,
Statutes
,
Ordinances
and
Provisions
hereafter
specified
,
that
is
to
say
,
the
Laws
and
Scatutes
heretofore
made
and
provided
,
concerning
or
in
any
wise
touching
,
Vagabonds
,
Retainers
giving
Liveries
,
Signs
,
Tokens
or
Badges
,
Maintenance
,
Imbracery
,
Bowstaves
and
Archery
,
unlawful
Games
,
Forestallers
and
Regrators
,
Victual-Victualers
and
Inn-holders
and
every
of
them
,
and
of
all
Statutes
and
Laws
made
in
this
present
Parliament
touching
the
same
,
or
any
of
them
,
and
after
the
perusing
and
deliberate
understanding
of
the
said
Laws
,
Statutes
,
and
Ordinances
,
they
shall
devise
among
themselves
.
how
the
same
may
be
best
put
in
due
and
just
Execution
,
37
H.
8.
Cap.
7.
§
1.
N.
2.
Lieu.
And
for
the
better
proceeding
therein
,
§
1.
N.
5.
they
shall
divide
and
sever
them selves
,
limiting
and
assigning
alway●s
the
number
of
two
of
them
at
least
,
or
more
,
into
Hundreds
,
Wapentakes
,
Rapes
,
Commotes
or
number
of
Towns
and
Villages
by
their
discretions
,
37
H.
8.
Cap.
7.
§
1.
N.
4.
Justices
.
And
that
the
said
Iustices
so
divided
,
§
1.
N.
6.
or
two
of
them
at
the
least
shall
in
every
Quarter
of
the
Year
,
from
and
after
the
said
Feast
of
Easter
next
coming
,
hold
and
keep
within
the
limits
of
their
Division
one
Session
,
besides
the
general
Quarter
Sessions
for
the
Peace
,
the
said
one
Session
to
be
kept
and
holden
alwayes
within
the
limits
of
their
Division
,
at
and
in
one
such
day
as
by
them
shall
be
appointed
,
so
that
it
be
always
six
weeks
at
the
least
before
the
Quarter
Sessions
,
37
H.
8.
Cap.
7.
§
1.
N.
7.
Dayes
.
And
that
all
Process
and
Proceedings
in
every
of
the
said
Sessions
so
to
be
holden
,
shall
be
continued
from
Sessions
to
Sessions
,
37
H.
8.
Cap.
7.
§
1.
N.
7.
§
1.
N.
6.
Enquest
.
And
that
the
said
Iustices
or
two
of
them
at
the
least
,
§
1.
N.
8.
at
and
in
every
such
Sessions
,
shall
have
power
and
authority
to
enquire
as
well
by
the
Oaths
of
twelve
men
,
Inhabitants
within
the
limits
of
their
Division
,
as
by
any
Information
,
given
to
them
by
any
Person
or
Persons
,
of
all
defaults
,
offences
,
or
contempts
done
or
committed
,
or
hereafter
to
be
done
or
committed
against
the
Form
of
any
of
the
Statutes
aforesaid
,
and
to
hear
and
determin
the
same
,
37
Hen.
8.
Cap.
7.
§
1.
N.
7.
Outlary
.
And
shall
also
have
power
and
authority
upon
any
Presentment
or
§
1.
N.
9
Information
touching
the
Premises
or
any
of
them
,
to
make
Process
by
Venire
Facias
,
one
Capias
,
and
an
Exigent
,
under
the
Seals
of
the
same
Iustices
or
two
of
them
,
against
every
such
Person
and
Persons
against
whom
any
such
Information
or
Presentment
shall
be
had
for
their
appearance
afore
them
in
their
Sessions
to
be
holden
,
as
is
aforesaid
,
to
answer
to
such
Information
or
Presentment
as
shall
be
there
had
or
made
,
37.
H
8.
Cap.
7.
§
1.
N.
8.
§.
1.
N.
10.
And
if
the
Person
or
Persons
accused
by
Information
or
Presentment
shall
be
convict
upon
any
such
Information
or
Presentment
by
Confession
or
Verdict
of
twelve
men
,
that
then
the
said
Iustices
of
Peace
,
Execution
.
or
two
of
them
,
afore
whom
such
conviction
shall
be
had
,
shall
have
power
and
authority
to
give
Iudgement
against
every
such
Offender
and
Offenders
so
convict
of
such
pains
by
imprisonment
,
or
such
Pains
,
losses
,
and
forfeitures
of
mony
,
or
both
,
or
any
of
them
,
as
are
limited
in
the
said
several
Statutes
,
for
such
offences
whereof
they
shall
be
so
convict
,
and
cause
Execution
thereof
to
be
made
and
had
accordingly
.
37
H.
8.
Cap.
7.
§
1.
N.
9.
§
1.
N.
11.
And
also
the
said
Iustices
of
Peace
or
two
of
them
,
Inquest
.
at
and
in
their
said
Sessions
to
be
holden
,
as
is
aforesaid
,
shall
have
power
and
authority
to
correct
and
reform
the
Pannels
of
Iuries
,
for
any
Inquiries
to
be
made
afore
them
,
touching
the
said
Statutes
or
any
of
them
,
in
like
manner
or
form
as
Iustices
of
Goal-delivery
,
and
of
Peace
may
do
in
their
Sessions
by
vertue
of
a
Statute
thereof
made
in
the
third
year
of
our
most
dread
Soverign
Lord
the
Kings
Raign
that
now
is
,
(
viz.
3
H.
8.
12.
)
37
H.
8.
Cap.
7.
§
1.
N.
10.
§
1.
N.
12.
And
that
the
Sheriffs
and
other
Ministers
having
power
to
return
Pannels
,
Return
.
shall
make
his
and
their
Returns
according
to
such
Reformation
and
Correction
of
the
Iustices
aforesaid
,
upon
the
Pain
limited
by
the
same
Statute
,
(
viz.
3
H.
8.
Cap.
12.
)
37
H.
8.
7.
§
1.
N.
Cap.
11.
§
2.
N.
1.
And
it
is
ordained
and
enacted
by
Authority
aforesaid
,
Prerog
.
that
if
any
person
or
persons
be
Convict
as
is
aforesaid
,
by
any
Information
afore
the
said
Iustices
,
or
two
of
them
,
within
the
limits
of
their
Division
,
that
then
the
Moity
of
the
Pains
,
Losses
and
Forfeitures
of
Mony
of
the
Offenders
so
Convict
,
shall
be
to
the
Kings
Majesties
use
,
and
the
other
Moity
thereof
to
the
Party
that
persueth
such
Information
,
according
to
the
tenor
and
effect
of
the
said
several
Statutes
.
§
2.
N.
2.
And
if
any
Conviction
be
had
by
reason
,
or
upon
any
Presentment
,
Forfeiture
.
that
then
the
Kings
Majesty
shall
have
the
whole
Pains
,
Fines
and
Forfeitures
of
the
Offenders
,
all
which
Pains
,
Fines
,
Losses
and
Forfeitures
of
Mony
,
to
be
due
to
the
King
by
reason
of
any
Conviction
as
is
aforesaid
,
together
with
all
Issues
,
Fines
and
Amercements
afore
the
said
Iustices
within
the
limits
of
their
Division
,
shall
be
levyed
by
the
Sheriff
or
his
Ministers
,
by
a
Schedule
Indented
,
to
be
made
between
such
Iustices
or
two
of
them
,
afore
whom
such
Pains
,
Losses
and
Forfeitures
,
Fines
Issues
and
Amercements
shall
be
lost
and
forfeit
,
and
the
said
Sheriff
.
§
2.
N.
3.
The
one
part
of
which
Schedule
,
Certificate
.
shall
be
certified
by
the
said
Iustices
or
two
of
them
,
yearly
in
the
Term
of
St.
Michael
into
the
Kings
Exchequer
,
to
the
intent
that
the
Sheriff
shall
there
answer
the
same
to
the
Kings
use
.
§
3.
N.
1.
Provided
always
and
be
it
Enacted
by
Authority
aforesaid
,
Fees
.
that
every
of
the
said
Iustices
of
Peace
,
shall
have
for
holding
of
every
of
their
said
Sessions
as
is
aforesaid
,
4
s.
for
their
Costs
.
§
3.
N.
2.
And
the
Clerk
of
the
Sessions
by
them
to
be
appointed
for
the
making
and
writing
of
the
Process
and
Extracts
of
the
Sessions
,
Offices
.
for
every
Sessions
2
s.
to
be
paid
by
the
hands
of
the
Sheriff
of
the
Kings
part
and
Portion
of
the
Pains
,
Losses
and
Forfeitures
,
and
of
the
Issues
,
Fines
and
Amercements
aforesaid
.
§
4.
N.
1.
Provided
always
,
that
Iustices
of
Peace
in
Cities
,
Corporat
.
Boroughs
and
Towns
Corporate
,
not
being
Shires
or
Counties
of
themselves
,
shall
assemble
once
in
the
year
with
the
Iustices
of
Peace
of
the
Shire
where
such
Cities
,
Boroughs
or
Towns
Corporate
be
and
shall
be
limited
to
execute
this
Act
within
the
City
,
Borough
or
Town
Corporate
where
they
shall
be
Iustices
of
Peace
,
and
not
elsewhere
.
Indictment
.
Provided
also
,
that
no
Information
or
Presentment
,
§
5.
N.
1.
shall
be
had
or
taken
by
the
said
Iustices
of
Peace
so
divided
by
Authority
of
this
Act
,
but
for
such
Offences
,
Defaults
or
Contempts
as
be
or
shall
be
done
within
the
limits
of
their
Division
.
Justices
.
And
be
it
further
Enacted
by
Authority
aforesaid
,
§
6.
N.
1.
that
the
said
Iustices
of
Peace
so
divided
or
two
of
them
,
within
the
limits
of
their
Division
,
shall
have
full
Power
and
Authority
to
examin
,
inquire
,
hear
and
determin
by
Information
and
Tryal
as
is
aforesaid
,
all
Defaults
and
Contempts
,
which
after
the
Feast
of
the
Nativity
of
our
Lord
next
coming
shall
be
done
or
committed
by
any
Servants
commonly
called
Yeomen
or
Grooms
,
Husbandmen
,
Labourers
and
Artificers
or
any
of
them
,
against
the
tenor
,
form
and
effect
of
the
Statutes
and
Laws
made
for
excessive
Apparel
,
and
to
correct
and
punish
the
Offenders
,
therein
being
thereof
Convict
afore
them
as
is
aforesaid
,
according
to
such
Pains
,
Forfeitures
and
Punishments
as
is
limited
by
the
said
Laws
and
Statutes
of
Apparrel
,
to
be
levyed
,
paid
and
certifyed
,
as
is
aforesaid
.
Wales
.
And
it
is
further
Enacted
by
the
Authority
aforesaid
,
§
7.
N.
1.
that
as
well
the
Iustices
of
Assize
,
as
the
Iustices
of
Chester
,
and
the
Kings
Iustices
of
North-Wales
and
South-Wales
in
all
and
singular
their
Circuits
,
shall
have
full
Authority
and
Power
by
the
force
of
this
present
Act
,
to
inquire
as
well
by
Information
as
by
Presentment
before
them
,
of
the
Defaults
,
Contempts
,
Omissions
,
Negligences
,
Favours
,
Affections
,
Corruptions
and
other
things
whatsoever
they
shall
be
,
of
all
and
singular
the
said
Iustices
of
Peace
which
shall
not
diligently
,
truly
and
duly
see
,
put
and
cause
the
said
good
Laws
and
Statutes
,
Ordinances
and
Provisions
to
be
put
in
due
Exercise
and
perfect
Execution
,
according
to
the
effects
as
well
of
the
said
Statutes
heretofore
made
,
as
of
this
present
Act
,
and
to
hear
,
examin
and
determin
the
same
,
as
is
aforesaid
.
Amercement
.
And
to
assess
such
Fines
upon
the
said
Iustices
of
Peace
,
§
7.
N.
2.
and
upon
every
of
them
being
Convict
of
any
Defaults
,
Negligences
and
Offences
as
is
aforesaid
,
as
to
their
discretion
shall
be
thought
expedient
for
the
Quality
and
Quantity
of
their
Offences
.
Officers
.
And
be
it
Enacted
by
the
Authority
aforesaid
,
that
all
Sheriffs
,
§
8.
N.
1.
Bayliffs
,
Constables
,
Head-Boroughs
,
and
all
and
singular
other
Officers
and
Ministers
whatsoever
,
as
well
within
Liberty
as
without
,
shall
be
attendant
,
aiding
and
assisting
to
all
and
singular
the
said
Iustices
of
Peace
,
in
and
for
the
due
Execution
of
this
Act
,
upon
Pain
to
make
such
Fines
as
by
the
said
Iustices
of
Peace
or
two
of
them
,
shall
be
assessed
to
the
Kings
use
by
their
discretions
.
Justices
.
Provided
always
,
§
9.
N.
1.
that
this
Statute
shall
not
bind
any
Iustice
of
Peace
or
of
Quorum
,
to
assemble
or
execute
any
thing
in
this
Act
,
or
in
any
other
Shire
,
City
,
Borough
or
place
,
then
in
such
Shire
,
City
,
Borough
or
place
where
he
shall
be
resident
and
dwelling
at
that
time
when
such
Assembly
shall
be
made
by
vertue
of
this
Act
,
Appearance
.
Provided
also
,
§
10.
N.
1.
that
such
Lords
and
others
which
being
Iustices
of
Peace
or
Quorum
,
be
or
shall
be
of
the
Kings
Privy
Council
attendant
upon
his
Royal
Person
,
or
any
Principal
Officer
of
his
Highness
House
attendant
upon
his
Office
,
and
other
which
shall
happen
to
be
appointed
in
his
Highness
Service
by
his
Majesties
Commandment
,
shall
not
be
compelled
to
assemble
with
the
Iustices
of
Peace
or
Quorum
,
in
any
Shire
,
City
or
Borough
,
or
otherwise
bounden
to
do
or
exercise
by
Authority
of
this
Act
,
than
they
be
bound
to
do
afore
the
making
of
this
Act
,
any
thing
or
things
contained
in
this
Act
to
the
contrary
notwithstanding
.
Prerog
.
Provided
also
,
that
the
Iustices
of
either
Bench
,
§
11.
N.
1.
Barons
of
the
Kings
Exchequer
,
the
Kings
Attorny
and
Solicitor
,
and
all
other
Iustices
,
Officers
and
Ministers
being
bound
to
attend
at
the
Terms
,
shall
not
during
their
such
attendance
,
be
compelled
to
hold
or
keep
any
Sessions
in
the
limits
divided
to
them
upon
the
Assembly
of
the
Iustices
of
Peace
as
is
aforesaid
.
Days
.
And
to
the
intent
that
the
said
Iustices
,
Barons
,
§
12.
N.
1.
and
all
other
Officers
and
Ministers
aforesaid
,
may
the
better
be
once
in
the
year
at
every
Assembly
aforesaid
,
it
is
therefore
Ordained
by
Authority
of
this
Act
,
that
the
Quarter
Sessions
holden
after
Easter
,
shall
be
yearly
kept
upon
the
Tuesday
next
after
Low-Sunday
,
in
every
Shire
of
this
Realm
,
Wales
,
and
other
the
Kings
Dominions
.
§
13.
N.
1.
Provided
always
,
Franchise
.
that
this
Act
or
any
thing
therein
contained
shall
not
in
any
wise
extend
to
the
County
Palatine
of
Hexam
within
the
County
of
Northumberland
,
ne
to
the
County
Palatine
of
Ely
within
the
County
of
Cambridge
,
nor
to
any
Town-Corporate
or
Liberty
within
either
of
the
said
Counties
Palatine
,
having
Iustices
of
Peace
for
or
concerning
the
extracting
,
returning
,
certifying
or
levying
of
any
Issues
,
Fines
,
Forfeitures
,
Amercements
or
Penalties
,
to
be
assessed
or
taxed
,
upon
any
person
or
persons
in
any
Sessions
to
be
holden
within
the
said
Counties
Palatine
,
or
either
of
them
,
or
within
any
Town-Corporate
,
situate
and
being
within
either
of
the
said
Counties
Palatine
.
§
13.
N.
2.
But
that
the
same
Issues
,
Fines
,
Forfeitures
,
Amercements
.
Amercements
and
Penalties
and
every
of
them
,
may
be
assessed
,
taxed
,
extracted
,
returned
,
certifyed
and
levyed
from
time
to
time
hereafter
,
in
such
manner
and
form
to
all
intents
and
purposes
,
as
they
and
every
of
them
have
been
used
to
be
assessed
,
taxed
,
extracted
,
returned
,
certifyed
and
levyed
at
any
time
before
the
making
of
this
Act
,
or
should
be
assessed
,
taxed
,
extracted
,
returned
,
certifyed
and
levyed
,
if
this
Act
had
never
béen
had
or
made
,
this
Act
or
any
thing
therein
contained
to
the
contrary
notwithstanding
.
§
14.
N.
1.
Provided
always
and
be
it
Enacted
by
the
Authority
abovesaid
,
Days
.
that
Iustices
of
the
Peace
within
any
Shire
of
this
Realm
of
England
and
Wales
,
shall
not
be
compelled
by
vertue
of
this
Act
to
assemble
themselves
for
the
Execution
of
this
Act
for
this
present
year
,
before
the
next
general
Assizes
to
be
holden
within
every
such
County
before
the
Feast
of
St.
Michael
the
Arch-Angel
next
coming
,
but
that
they
and
every
of
them
shall
be
compelled
upon
like
pain
mentioned
in
this
Act
,
to
assemble
themselves
at
the
said
general
Assizes
for
the
execution
of
the
same
for
this
present
year
only
,
according
to
the
Purport
,
Tenor
and
True
meaning
of
this
Act
,
any
thing
in
this
Act
to
the
contrary
notwithstanding
.
§
15.
N.
1.
Provided
always
,
that
this
Act
nor
any
therein
contained
,
Cinque
Ports
.
shall
not
in
any
wise
extend
,
nor
be
prejudicial
or
hurtful
to
the
County
Palatine
and
Dutchy
of
Lancaster
,
or
any
Town-Corporate
within
the
same
County
Palatine
and
Dutchy
,
having
Iustices
of
the
Peace
,
for
or
concerning
the
extracting
,
returning
,
certifying
or
levying
of
any
Issues
,
Fines
,
Forfeitures
,
Amercements
or
Penalties
,
to
be
taxed
or
assessed
,
upon
any
person
or
persons
,
in
any
Sessions
to
be
holden
within
the
said
County
Palatine
and
Dutchy
of
Lancaster
,
or
Towns-Corporate
parcel
of
the
same
Dutchy
by
vertue
of
this
Act
,
but
that
the
same
Issues
,
Fines
,
Forfeitures
,
Amercements
and
Penalties
,
shall
and
may
be
extracted
,
returned
,
certifyed
or
levyed
from
time
to
time
,
in
such
manner
and
form
to
all
intents
and
purposes
,
as
they
have
used
to
be
extracted
,
returned
,
certifyed
and
levyed
at
any
time
before
the
making
of
this
Act
,
this
Act
or
any
thing
therin
contained
to
the
contrary
notwithstanding
.
§
16.
N.
1
Provided
always
and
be
it
Enacted
by
Authority
aforesaid
,
Forfeitures
.
that
all
Issues
,
Fines
,
Amercements
and
Forfeitures
,
rising
and
growing
by
vertue
of
this
present
Act
within
any
of
the
general
Liberties
,
Franchises
or
Temporal-Iurisdictions
,
which
been
severally
appointed
and
assigned
to
the
Survey
,
Order
and
Governance
of
the
King
our
Soveraign
Lords
several
Courts
of
the
Augmentations
of
the
Revenues
of
his
Crown
,
and
of
the
general
Surveyors
of
the
Kings
Lands
,
shall
be
claimed
and
allowed
,
and
also
collected
and
levyed
,
by
the
Kings
Bailiffs
or
other
Officers
of
the
same
Liberties
,
Franchises
and
Iurisdictions
for
the
time
being
,
and
shall
be
severally
answered
to
the
King
in
the
same
several
Courts
,
after
and
according
to
such
sort
and
order
,
as
other
Issues
,
Fines
,
Amercements
and
Forfeitures
within
the
same
several
Liberties
,
Franchises
and
Iurisdictions
,
as
this
present
time
been
or
ought
to
be
claimed
,
allowed
and
answered
,
any
thing
in
this
present
Act
to
the
contrary
notwithstanding
.
Wales
.
Provided
always
,
§
17.
N.
1.
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
the
Iustices
of
Peace
in
every
of
the
Shires
in
South
Wales
and
North
Wales
,
and
County
Palatine
of
Chester
,
according
to
their
limitation
,
shall
and
may
certifie
all
the
Estreats
by
them
to
be
made
in
manner
and
form
as
is
aforesaid
,
to
and
afore
such
Chamberlain
or
Chamberlains
,
Chancellor
or
Chancellors
,
Auditor
or
Auditors
,
in
such
place
or
places
,
as
by
the
Kings
Majesty
is
or
hereafter
shall
be
appointed
or
assigned
for
hearing
and
determining
of
the
Sheriffs
accounts
in
every
of
the
said
Shires
in
Wales
,
or
County
Palatine
aforesaid
,
any
thing
in
this
Act
mentioned
to
the
contrary
notwithstanding
.
Franchise
.
Provided
always
,
That
this
Act
or
any
thing
therein
contained
,
§
18.
N.
1.
shall
not
in
any
wise
extend
to
the
County
Palatine
,
and
County
of
Durham
,
or
to
any
Town
Corporate
within
the
same
County
Palatine
,
or
County
having
Iustices
of
Peace
,
for
and
concerning
the
extracting
,
returning
,
certifying
or
leavying
of
any
Issues
,
Fines
,
Forfeitures
,
Amerciaments
,
or
Penalties
to
be
assessed
or
taxed
upon
any
person
or
persons
in
any
Sessions
to
be
holden
within
the
said
County
Palatine
or
County
of
Durham
,
or
within
any
Town
Corporate
,
situate
and
being
within
either
the
said
County
Palatine
or
County
,
but
that
the
same
Issues
,
Fines
,
Forfeitures
,
Amerciaments
or
Penalties
,
and
every
of
them
,
may
be
assessed
,
taxed
,
extracted
,
returned
,
certified
and
levyed
from
time
to
time
hereafter
,
in
such
manner
and
form
,
to
all
intents
and
purposes
as
they
and
every
of
them
have
been
used
to
be
assessed
,
taxed
,
extracted
,
retorned
,
certified
,
and
levyed
at
any
time
,
before
the
making
of
this
Act
,
or
should
be
assessed
,
taxed
,
extracted
,
retorned
,
certified
and
levyed
,
if
this
Act
had
never
been
had
or
made
,
this
Act
or
any
thing
therein
contained
to
the
contrary
notwithstanding
.
Cinque
Ports
Provided
always
,
and
be
it
Enacted
,
That
this
Act
,
§
19.
N.
1.
or
any
thing
therein
contained
,
shall
not
extend
to
the
Barons
and
Inhabitants
of
or
within
the
Cinque
Ports
,
or
their
members
,
or
to
any
of
them
,
to
compel
or
constrain
them
or
any
of
them
,
to
assemble
themselves
with
any
of
the
Iustices
of
the
Peace
out
of
their
said
Ports
and
Members
,
and
the
liberties
of
the
same
,
or
for
and
concerning
the
Estreating
of
Fines
,
Issues
,
Forfeitures
,
and
Amerciaments
,
to
be
set
,
lost
,
or
assessed
by
vertue
of
this
Act
,
within
the
liberties
aforesaid
.
Appearance
.
But
that
they
and
every
of
them
shall
and
may
assemble
themselves
together
at
such
place
and
places
within
their
liberties
for
the
executing
of
this
Act
,
as
to
them
shall
be
thought
most
convenient
,
§
19.
N.
2.
and
to
divide
themselves
after
such
fashion
,
as
they
shall
think
best
and
most
requisite
for
the
executing
of
this
Estatute
in
this
Act
mentioned
.
Amercement
.
And
may
and
shall
take
such
Fines
,
Issues
,
Forfeitures
,
§
19.
N.
3.
and
Amerciaments
,
and
every
of
them
as
shall
be
set
,
lost
,
and
assessed
by
vertue
of
this
Act
,
in
such
manner
and
form
,
and
to
such
uses
,
purposes
and
intents
,
as
they
or
any
of
them
lawfully
should
,
might
,
or
ought
to
have
had
before
the
making
of
this
Act
,
this
Act
or
any
thing
therein
contained
to
the
contrary
notwithstanding
.
Franchise
.
Provided
alway
,
that
this
Act
or
any
thing
therein
contained
,
§
20.
N.
1.
be
not
at
any
time
hereafter
in
any
wise
prejudicial
or
hurtful
to
any
person
or
persons
,
Bodies
Politick
or
Corporate
,
to
their
Heirs
or
Successors
,
or
to
the
Heirs
or
Successors
of
any
of
them
,
for
or
concerning
any
their
lawful
rights
,
titles
,
interest
or
claims
,
of
,
in
or
to
any
manner
of
Issues
,
Fines
,
Amerciaments
,
Penalties
,
or
other
Forfeitures
in
any
wise
to
be
assessed
,
lost
,
and
forfeited
before
any
Iustices
of
Peace
,
at
their
Sessions
hereafter
to
be
holden
,
or
kept
in
any
Shires
,
City
,
Borough
,
or
Town
Corporate
,
within
this
Realm
of
England
,
by
vertue
and
authority
of
this
Act.
But
that
every
such
Person
or
Persons
,
§
20.
N.
2.
Bodies
Politick
and
Corporate
,
their
Heirs
and
Successors
,
and
the
Heirs
and
Successors
of
every
of
them
,
and
their
lawful
deputies
in
such
behalf
,
shall
and
may
at
all
times
hereafter
,
assesse
,
tax
,
extract
,
return
,
levy
,
claim
,
have
,
and
enjoy
all
manner
such
Issues
,
Fines
,
Amerciaments
,
Forfeitures
,
and
other
penalties
,
and
every
of
them
to
all
such
uses
,
and
purposes
,
and
in
like
manner
and
form
in
every
behalf
,
as
they
or
any
of
them
have
lawfully
used
to
do
,
and
have
or
might
have
done
and
had
at
any
time
before
the
making
of
this
present
Act
,
by
vertue
of
any
Grant
to
them
or
any
of
them
heretofore
made
or
granted
,
or
otherwise
by
vertue
of
any
Custom
or
lawful
Vsage
thereof
heretofore
used
in
every
behalf
,
this
Act
,
or
any
therein
contained
to
the
contrary
notwithstanding
.
§
21.
N.
1.
34
&
35
H.
8.
C.
1.
§
3.
N.
4.
This
Act
to
continue
to
the
latter
end
of
the
next
Parliament
.
Days
.
And
(
Viz.
if
any
Printer
,
&c.
or
any
Person
,
Books
.
&c.
)
be
of
any
the
Offences
aforesaid
,
(
viz.
printing
,
uttering
or
using
Books
or
Religion
in
Interludes
Prohibited
,
&c.
)
Convicted
by
sufficient
Witness
before
any
two
of
the
Kings
Council
,
or
the
Ordinary
of
the
Diocess
where
any
such
offence
shall
be
committed
,
and
two
Iustices
of
the
Peace
of
the
same
Shire
,
where
any
such
Ordinary
shall
sit
within
his
Diocess
for
that
purpose
,
&c.
§
3.
N.
5.
Shall
have
for
the
first
time
Imprisonment
,
Forfeiture
.
&c.
for
three
months
and
also
lose
,
&c.
10
l.
&c.
§
19.
N.
1.
And
be
it
further
Enacted
,
That
if
any
Spiritual
Person
,
&c.
Preach
,
Religion
.
Teach
,
Defend
,
and
Maintain
any
Matter
,
&c.
Contrary
to
the
godly
Instructions
or
determinations
which
since
(
viz.
1540.
)
is
or
shall
be
set
forth
by
his
Majesty
,
&c.
being
thereof
convicted
before
the
Ordinary
of
that
Diocess
,
within
the
which
the
said
offence
shall
be
committed
,
and
two
Iustices
of
the
Peace
,
&c.
shall
before
the
first
time
be
admitted
to
recant
,
&c.
§
25.
N.
2.
And
in
case
any
such
Iustices
being
so
required
,
Justices
.
&c.
(
viz.
by
the
Ordinary
,
on
notice
of
time
and
place
of
sitting
,
&c.
)
having
convenient
and
reasonable
warning
and
knowledge
in
writing
from
the
said
Ordinary
,
&c.
do
not
come
to
such
place
and
at
such
time
as
shall
be
so
appointed
,
having
no
lawful
and
just
Impediment
to
the
contrary
,
shall
forfeit
and
lose
to
the
Kings
Highness
for
every
such
Offence
40
s.
to
be
Estreated
,
&c.
C.
3.
§
1.
N.
11.
And
the
said
Offender
,
(
viz.
in
false
measure
of
Coals
,
Talwood
,
Measures
.
Faggots
or
Billets
,
&c.
)
out
of
the
said
City
,
Borough
or
Town
,
to
be
punished
by
the
discretion
of
two
Iustices
of
Peace
inhabiting
within
the
Shire
where
the
Offence
shall
be
committed
or
done
.
C.
14.
§
2.
N.
1.
In
Consideration
whereof
,
Records
.
(
Viz.
of
the
Incertainty
where
to
have
Records
of
Justices
of
Peace
,
Goal-delivery
,
Oyer
and
Terminer
,
&c.
)
Be
it
Enacted
,
&c.
that
the
Clerk
of
the
Crown
,
Clerks
of
Peace
and
Clerks
of
Assize
,
&c.
where
any
such
Attainder
,
Outlary
or
Conviction
,
(
viz.
of
Murder
,
Robbery
or
other
Felony
,
&c.
)
shall
so
be
had
,
shall
,
&c.
not
only
certify
a
Transcript
,
&c.
before
the
King
,
&c.
in
his
Bench
at
Westminster
,
in
the
County
of
Midlesex
,
there
to
remain
of
Record
forever
,
&c.
but
also
shall
deliver
a
Transcript
of
every
such
Indictment
whereupon
the
said
person
,
&c
shall
fortune
hereafter
so
to
be
convicted
,
or
Clerks
attainted
to
the
Ordinary
,
to
whom
the
body
of
the
said
person
,
&c.
shall
be
committed
.
§
4.
N.
1.
And
be
it
Enacted
,
Certificate
.
&c.
that
the
said
Clerk
of
the
Crown
in
the
Kings
Bench
&c.
shall
at
all
such
times
as
the
Iustices
of
Goal-delivery
or
Iustices
of
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
the
said
Bench
of
our
said
Soveraign
Lord
the
King
,
shall
incontinently
without
delay
,
certify
the
said
Names
and
Sirnames
of
the
said
persons
,
with
the
Causes
why
and
wherefore
they
were
convict
or
attainted
,
unto
the
Iustices
of
Goal-delivery
or
Iustices
of
Peace
upon
the
pain
,
&c.
to
forfeit
for
every
Name
of
such
persons
which
shall
be
so
written
for
,
and
not
certified
by
the
said
Clerk
of
the
Crown
in
the
Kings
Bench
to
the
said
Iustices
,
forty
shillings
.
35
H.
8.
Cap.
5.
§
1.
N.
6
,
Or
(
viz.
none
to
be
arraigned
for
Offence
against
31
H
8.
Cap.
14.
§
9.
Religion
.
N.
2.
&c.
but
on
Presentment
,
&c.
)
before
the
Iustices
of
Peace
sitting
in
their
Sessions
,
or
three
of
them
at
the
least
.
C.
17.
§
7.
N.
2.
And
if
the
Lord
(
viz.
that
would
inclose
Wood
of
Common
,
Woods
.
&c.
)
and
the
said
Tenants
and
Inhabitants
,
or
the
most
part
of
them
cannot
,
will
not
,
or
do
not
assent
,
consent
and
agree
,
for
and
upon
the
severing
,
dividing
,
setting
out
,
meeting
and
bounding
of
the
said
fourth
part
of
the
said
Woods
and
Vnder-woods
,
(
Viz.
to
be
left
out
,
&c.
)
or
of
as
much
thereof
as
shall
amount
to
the
full
fourth
part
thereof
,
that
then
two
Iustices
of
the
Peace
not
being
of
the
Kin
,
Allyance
,
Council
or
Fee
,
of
or
to
the
said
Lord
or
Owner
,
being
thereto
appointed
by
the
more
number
of
the
Iustices
of
Peace
of
the
Shire
where
the
said
Ground
or
Soyl
lyeth
,
in
their
open
Quarter
Sessions
upon
Request
and
Suit
made
unto
them
by
the
Lord
or
Owner
,
or
by
his
or
their
lawful
Depuy
or
Deputies
of
the
said
Woods
,
Vnder-woods
,
Grounds
or
Soyl
,
shall
have
full
Power
and
Authority
to
call
before
them
,
upon
such
Pains
and
Penalties
as
the
said
Iustices
shall
limit
,
and
appoint
such
twelve
of
the
said
Commons
and
Inhabitants
nigh
unto
the
same
Woods
or
Vnder-woods
,
as
by
the
discretion
of
the
said
two
Iustices
shall
be
thought
meet
and
convenient
.
Common
.
And
upon
or
after
the
appearante
of
the
same
Lords
,
Owners
,
§
7.
N.
3.
Commons
and
Inhabitants
,
or
the
most
part
of
them
,
the
same
Iustices
shall
open
and
declare
unto
the
same
Lord
,
Owner
,
Commons
and
Inhabitants
,
the
Cause
of
their
Assembly
and
Appearance
,
and
that
done
,
shall
by
the
Advise
and
Assent
of
the
said
Lord
,
Owner
,
Commons
and
Inhabitants
,
or
their
lawful
Deputy
or
Deputies
or
the
most
part
of
them
,
effectually
proceed
to
the
severing
,
dividing
,
meeting
and
bounding
of
the
said
fourth
part
of
the
said
Woods
and
Vnder-Woods
,
or
of
so
much
thereof
as
shall
amount
to
the
fourth
part
thereof
.
Justices
.
And
if
the
same
Iustices
,
Owners
,
§
7.
N.
4.
Commons
and
Inhabitants
or
the
most
part
of
them
,
cannot
or
will
not
agree
upon
the
Division
,
&c.
that
then
the
said
Iustices
shall
have
full
Power
and
Authority
by
this
Act
,
to
sever
,
divide
and
set
out
by
meets
and
bounds
,
the
fourth
part
of
the
said
Woods
and
Vnder-woods
,
or
so
much
thereof
under
the
same
fourth
part
of
the
said
Woods
and
Vnder-woods
,
as
shall
by
the
Discretions
and
Wisdoms
of
the
said
Iustices
,
be
thought
necessary
and
requisite
to
limit
and
set
out
.
Parliament
.
Statutes
made
in
the
Parliament
holden
at
Westminster
,
37
H.
8.
pa.
605.
in
the
seven
and
thirieth
year
of
the
most
renowned
H.
8.
by
the
Grace
of
God
King
of
England
,
France
and
Ireland
,
Defendor
of
the
Faith
and
of
the
Church
of
England
,
and
also
of
Ireland
,
in
Earth
Supream
Head
.
Chancery
.
Where
before
this
time
the
Lord
Chancellor
of
England
for
the
time
being
,
hath
by
reason
of
his
Office
of
the
Chancellorship
,
Cap.
1.
the
Nomination
and
Appointment
of
the
Custos
Rotulorum
within
all
and
every
Shire
of
this
Realm
of
England
and
Wales
,
and
other
the
Kings
Dominions
,
Marches
and
Territories
of
the
same
,
3
&
4
Ed.
6.
Cap.
1
§
2.
N.
3.
Peace
.
And
yet
in
like
manner
all
and
every
person
which
had
enjoyed
the
said
Office
of
the
Custos
Rotulorum
,
hath
had
until
now
of
late
,
§
1.
N.
2.
the
nomination
and
appointment
of
the
Clerk
of
the
Peace
,
within
such
Shires
where
he
or
they
had
and
enjoyed
the
said
Office
of
Custos
Rotulorum
.
Officer
.
And
where
now
of
late
divers
and
sundry
persons
within
this
Realm
being
not
learned
,
§
1.
N.
3.
nor
yet
meet
ne
able
for
lack
of
Knowledge
and
Learning
,
to
occupy
and
exercise
the
said
Office
of
the
Custos
Rotulorum
and
of
the
Clerk
of
the
Peace
,
have
of
late
years
by
labor
,
friendship
and
means
attained
and
gotten
for
term
of
their
lives
,
of
the
Kings
Majesty
,
several
Grants
by
his
Highness
Letters
Patents
to
them
made
of
the
Clerkship
of
the
Peace
,
by
reason
whereof
,
and
for
that
the
Parties
to
whom
the
said
several
Grants
have
been
so
made
and
granted
,
have
not
been
sufficiently
learned
to
exercise
and
occupy
the
same
Office
and
Offices
,
many
and
sundry
Indictments
as
well
of
Felony
,
Murder
and
other
Offences
and
Misdemeanors
,
and
the
Process
awarded
upon
the
same
Indictments
,
have
not
only
been
by
reason
thereof
made
clearly
frustrate
and
void
,
sometime
by
reason
of
the
negligent
ingrossing
and
keeping
of
the
said
Indictments
,
and
sometime
by
reason
of
the
Imbezelling
or
Razure
of
the
same
Indictments
.
Inrollment
.
But
also
(
viz.
by
ignorant
Clerks
)
divers
and
sundry
Bargains
and
Sales
,
of
divers
and
sundry
Mannors
,
Lands
and
Tenements
,
§
1.
N.
4.
had
and
made
between
party
and
party
,
have
been
made
frustrate
and
void
for
lack
of
sufficient
Inrolment
of
the
Bargains
and
Sales
,
to
be
had
and
made
by
the
Clerks
of
the
Peace
,
to
the
great
hindrance
of
Iustice
,
and
to
the
Disinheritance
of
divers
of
the
Kings
most
Loving
Subjects
.
§
2.
N.
1.
For
Reformation
whereof
,
Ability
.
to
the
intent
that
Iustice
may
be
the
better
hereafter
preserved
,
and
that
the
same
Offices
may
hereafter
be
occupyed
and
exercised
by
such
persons
learned
in
the
Laws
of
this
Realm
,
as
shall
be
able
to
exercise
and
supply
the
same
.
§
2.
N.
2.
Be
it
Enacted
by
the
King
our
Soveraign
Lord
,
Prerog
.
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
of
the
Commons
in
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
,
that
no
person
or
persons
shall
from
henceforth
be
nominated
and
appointed
,
to
the
said
Office
and
Offices
of
the
Custos
Rotulorum
within
any
Shire
of
this
Realm
of
England
,
Wales
and
other
the
Kings
Dominions
,
Marches
or
Territories
of
the
same
,
but
such
as
shall
have
a
Bill
signed
with
the
Kings
hand
for
the
same
,
3
&
4
Ed.
6.
Cap.
1.
§
2.
N.
3.
Which
Bill
signed
,
Chancery
.
shall
be
a
sufficient
Warrant
by
the
Authority
abovesaid
,
to
the
said
Lord
Chancellor
of
England
and
the
Lord
Keeper
of
the
Great
Seal
for
the
time
being
,
to
make
from
time
to
time
Commission
or
Commissions
,
assigning
and
authorizing
thereby
,
the
same
person
to
be
Custos
Rotulorum
,
untill
the
King
hath
by
another
Bill
assigned
with
his
own
hand
,
appointed
and
ordained
one
other
person
to
have
,
occupy
and
exercise
the
same
Office
of
Custos
Rotulorum
,
3
&
4
Ed.
6.
Cap.
1.
§
1.
N.
2.
§
2.
N.
4.
And
that
the
said
person
appointed
and
Assigned
to
be
Custos
Rotulorum
as
is
abovesaid
,
shall
and
may
,
occupy
,
Patents
.
exercise
and
enjoy
the
same
Office
of
Custos
Rotulorum
by
himself
,
or
by
his
sufficient
Deputy
learned
in
the
Laws
of
this
Realm
,
and
meet
and
able
to
supply
the
said
Office
,
according
to
the
tenor
of
the
said
Grant
or
Commission
,
3
&
4
Ed.
6.
Cap.
1.
§
1.
N.
3.
§
3.
N.
1.
And
be
it
further
Enacted
by
the
Authority
of
this
present
Parliament
,
Peace
.
that
every
Custos
Rotulorum
for
the
time
being
,
shall
at
all
times
hereafter
in
every
Shire
of
this
Realm
,
Wales
,
and
other
the
Kings
Dominions
,
Marches
and
Territories
of
the
same
,
nominate
,
elect
,
appoint
and
assign
,
all
and
every
person
and
person
which
hereafter
shall
be
Clerks
of
the
Peace
within
any
of
the
said
Shires
of
this
Realm
of
England
,
Wales
,
and
other
the
Kings
Dominions
,
Marches
and
Territories
of
the
same
.
§
3.
N.
2.
And
to
give
and
grant
the
said
Office
and
Offices
of
Clerkship
of
the
Peace
,
Officer
.
to
such
able
persons
instructed
in
the
Laws
of
this
Realm
as
shall
be
able
to
exercise
and
occupy
the
same
,
to
hold
and
enjoy
the
same
,
during
the
term
that
the
said
Custos
Rotulorum
shall
occupy
and
exercise
the
said
Office
of
Custos
Rotulorum
,
so
that
the
said
Clerk
demean
him
in
the
said
Office
justly
and
honestly
.
§
3.
N.
3.
And
that
it
be
lawful
to
every
such
Grantors
of
the
said
Clerkship
,
Deputy
.
to
occupy
and
enjoy
the
same
Office
of
the
Clerkship
of
the
Peace
by
himself
,
or
by
his
sufficient
Deputy
instructed
in
the
Laws
of
this
Realm
,
so
that
the
same
Deputy
be
admitted
,
taken
and
reputed
by
the
said
Custos
Rotulorum
,
be
sufficient
and
able
,
to
exercise
,
occupy
,
keep
and
enjoy
the
same
Office
of
the
Clerkship
of
the
Peace
.
§
4.
N.
1.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
Patents
.
that
all
such
as
now
have
any
of
the
said
Offices
of
Custos
Rotulorum
,
or
Clerkship
of
the
Peace
by
the
Kings
Letters
Patents
of
Commission
to
them
made
,
shall
and
may
enjoy
,
have
and
exercise
their
said
Offices
by
vertue
of
the
same
Letters
Patents
or
Commission
,
by
themselves
or
by
their
sufficient
and
able
Deputy
instructed
in
the
Laws
of
this
Realm
,
any
thing
in
this
present
Act
had
or
made
to
the
contrary
notwithstanding
.
§
5.
N.
1.
Provided
also
and
be
it
Enacted
by
Authority
abovesaid
,
Franchise
.
that
the
Arch-Bishop
of
York
,
the
Bishop
of
Durham
,
the
Bishop
of
Ely
and
every
of
their
Successors
,
and
all
and
every
such
person
and
persons
,
Corporations
and
Bodies
Corporate
to
whom
the
Kings
Majesty
or
any
of
his
Noble
Progenitors
,
by
his
or
their
Letters
Patents
have
given
and
granted
any
Liberty
and
Authority
,
or
otherwise
have
Authority
by
other
lawful
means
or
ways
,
to
ordain
,
make
and
constitute
any
of
the
said
Officers
of
Custos
Rotulorum
,
or
Clerk
of
the
Peace
within
any
County
Palatine
or
other
place
,
and
may
have
and
enjoy
the
same
Liberty
and
Authority
according
as
they
have
enjoyed
the
same
,
any
thing
in
this
present
Act
had
or
made
to
the
contrary
notwithstanding
.
Parliament
.
Where
in
the
Parliament
begun
at
Westminster
the
sixteenth
day
of
January
,
in
the
three
and
thirtieth
year
of
the
Kings
Majesties
Reign
,
Cap
7.
(
viz.
33
H.
8.
Cap.
10.
§
1.
N.
3.
)
it
was
Enacted
amongst
other
things
,
that
all
and
singular
Iustices
of
the
Peace
within
any
Shire
,
City
,
Borough
or
place
within
this
Realm
of
England
,
Wales
or
any
other
the
Kings
Dominions
,
should
yearly
at
the
general
Sessions
of
the
Peace
to
be
holden
next
after
the
Feast
of
Easter
,
assemble
themselves
together
,
that
is
to
say
,
every
number
of
them
within
the
limits
of
their
Commissions
wherein
they
be
named
Iustices
of
the
Peace
,
&c.
Justices
.
And
forasmuch
as
the
Kings
most
loving
Subjects
are
much
Travailed
and
otherwise
Incumbred
,
§
2.
N.
1.
in
comming
and
keeping
of
the
said
six
weeks
Sessions
,
to
their
Costs
,
Charges
and
Vnquietness
.
Be
it
therefore
Enacted
by
the
King
our
Soveraign
Lord
,
§
2.
N.
2.
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
of
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
that
the
said
former
Act
made
in
the
said
three
and
thirtieth
year
of
the
Kings
Majesties
Reign
,
(
viz.
33
H.
8.
Cap.
10.
)
and
all
Ordinances
,
Articles
,
Provisions
and
things
therein
contained
,
shall
be
from
henceforth
repealed
,
Inquest
.
annulled
,
and
utterly
voyd
and
of
none
effect
,
to
all
Intents
,
Constructions
and
Purposes
.
§
2.
N.
3.
And
that
all
and
every
Article
therein
contained
,
(
viz.
in
33
H.
8.
Cap.
10.
Justices
.
)
shall
be
by
vertue
hereof
,
inquired
of
before
all
Iustices
of
Peace
,
at
their
August
Quarter
Sessions
.
§
2.
N.
4.
And
that
the
same
Iustices
of
Peace
at
their
said
Quarter
Sessions
,
shall
have
like
Power
and
Authority
by
vertue
hereof
,
to
punish
and
reform
all
and
every
such
Offence
and
Offences
,
in
like
manner
and
form
as
they
might
have
done
by
vertue
of
the
said
former
Act
made
in
the
said
three
and
thirtieth
year
of
the
Kings
Reign
.
(
viz.
33
H.
8.
Cap.
10.
)
Statuta
Edw.
6.
Religion
.
AND
for
full
and
effectual
Execution
of
,
&c.
this
Act
,
1
Ed.
6.
C.
1.
§
1
N.
7.
(
viz.
against
Reviling
the
Sacrament
,
&c.
)
be
it
furthermore
Enacted
,
&c.
that
,
&c.
the
Iustices
of
Peace
or
three
of
them
at
the
least
,
whereof
one
of
them
to
be
of
the
Quorum
,
in
every
Shire
of
this
Realm
and
Wales
,
and
all
other
places
within
the
Kings
Dominions
,
shall
have
full
Power
,
&c.
as
well
to
take
Information
and
Accusation
by
the
Oaths
and
Depositions
of
two
able
,
honest
and
lawful
persons
at
the
least
.
Days
.
And
after
such
Accusation
or
Information
so
had
,
§
1.
N.
8.
to
inquire
by
the
Oaths
of
twelve
men
,
in
every
their
four
Quarter
Sessions
yearly
to
be
holden
,
of
all
and
singular
such
Accusations
or
Informations
,
to
be
had
or
made
of
any
of
the
Offences
abovesaid
,
&c.
within
the
limits
of
their
Commission
.
Indictment
.
And
that
upon
every
such
Accusation
and
Information
,
the
Offender
,
§
1.
N.
9.
&c.
shall
be
inquired
of
and
indicted
before
the
said
Iustices
of
Peace
or
three
of
them
at
the
least
,
&c.
of
the
said
Contempts
and
Offences
,
by
the
Verdict
of
twelve
honest
and
indifferent
men
,
if
the
matter
of
the
said
Accusation
and
Information
shall
seem
to
the
said
Iury
,
good
and
true
.
Justices
.
And
it
is
also
further
Enacted
,
§
2.
N.
1.
&c.
that
the
said
Iustices
of
Peace
or
three
of
them
at
the
least
,
&c.
before
whom
any
such
Presentment
,
Information
and
Accusation
shall
be
made
or
taken
,
&c.
shall
examin
the
Accusers
,
what
other
Witnesses
were
by
and
present
at
the
time
of
the
doing
and
committing
of
the
Offence
,
&c.
and
how
many
others
than
the
Accusers
have
knowledge
thereof
?
●ecogni●●nce
.
And
shall
have
Power
,
&c.
by
their
discretions
,
§
2.
N.
2.
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
knowledge
of
the
Offences
by
them
presented
and
informed
;
every
of
them
in
five
pounds
to
the
King
,
to
appear
before
the
said
Iustices
of
the
Peace
,
before
whom
the
Offender
,
&c.
shall
be
tryed
at
the
day
of
the
tryal
and
deliverance
of
such
Offenders
.
§
3.
N.
1.
And
it
is
further
Enacted
,
Process
.
&c.
that
the
said
Iustices
of
Peace
or
three
of
them
at
the
least
,
&c.
shall
have
full
Power
,
&c.
to
make
Process
against
every
person
and
persons
so
Indicted
by
two
Capias
and
an
Exigent
,
and
by
Capias
Utlagatum
,
as
well
within
the
limits
of
their
Commission
as
into
all
other
Shires
and
Places
of
this
Realm
,
Wales
,
and
other
the
Kings
Dominions
,
as
well
within
Liberties
as
without
,
&c.
§
3.
N.
2.
And
upon
the
Appearance
of
any
of
the
Offenders
,
shall
have
full
power
,
Religion
.
&c.
to
determin
the
Contempts
and
Offences
aforesaid
,
viz.
in
reviling
the
Sacrament
,
&c.
)
According
to
the
Laws
of
this
Realm
and
the
effects
of
this
Act.
§
3.
N.
3.
And
that
the
said
Iustices
,
&c.
or
three
,
&c.
at
the
least
,
Bayl.
&c.
shall
have
full
Power
,
&c.
to
let
any
such
person
,
&c.
so
Indicted
upon
sufficient
Sureties
by
their
discretions
,
to
Bail
for
their
appearance
to
be
tryed
,
&c.
§
4.
N.
1.
Provided
always
and
be
it
Enacted
,
Ordinary
.
that
the
said
Iustices
of
the
Peace
or
three
of
them
at
the
least
,
at
their
Quarter
Sessions
where
any
Offender
,
&c.
shall
be
,
&c.
Indicted
&c.
shall
direct
and
award
one
Writ
in
the
Kings
Name
to
the
Bishop
of
the
Diocess
wherein
the
said
Offences
,
&c.
are
supposed
to
be
committed
or
done
,
willing
and
requiring
the
said
Bishop
to
be
in
his
own
person
,
or
by
his
Chancellor
,
or
other
his
sufficient
Deputy
learned
,
at
the
Quarter
Sessions
in
the
said
County
to
be
holden
,
when
and
where
the
said
Offender
shall
be
arraigned
and
tryed
,
appointing
to
them
in
the
said
Writ
,
the
Day
and
Place
of
the
said
Arraignment
.
C.
5.
§
2.
N.
1.
And
be
it
further
Enacted
,
&c.
that
it
shall
be
lawful
,
Merchants
.
&c.
to
all
and
every
the
Kings
Iustices
of
Peace
in
every
Shire
,
as
well
in
England
as
in
Wales
in
their
Quarter
Sessions
,
to
inquire
of
all
and
every
Offence
or
Offences
hereafter
to
be
perpetrated
,
committed
or
done
contrary
to
this
Act
,
(
viz.
In
conveying
Horses
,
Mares
or
G●ldings
,
into
Scotland
or
beyond
the
Seas
.
)
C.
7.
§
4.
N.
1.
And
also
be
it
Ordained
,
&c.
that
albeit
any
,
Abatement
.
&c.
Iustice
of
the
Peace
within
any
of
the
Kings
Dominions
,
&c.
shall
fortune
to
be
made
,
&c.
Duke
,
Arch-Bishop
,
Marquis
,
Earl
,
Viscount
,
Baron
,
Bishop
,
Knight
,
Iustice
of
the
one
Bench
or
of
the
other
,
or
Serjeant
at
the
Law
,
or
Sheriff
,
yet
that
notwithstanding
he
shall
still
remain
Iustice
,
&c.
and
have
full
Power
,
&c.
as
he
or
they
might
or
ought
to
have
done
before
the
same
.
§
6.
N.
1.
And
over
that
no
manner
of
Process
or
Suit
made
,
&c.
before
any
,
Justices
.
&c.
Iustices
of
Peace
,
&c.
shall
ne
in
any
wise
be
discontinued
,
&c.
by
altering
of
the
names
of
the
,
&c.
Iustices
of
Peace
,
11
H.
6.
Cap.
6.
§
1.
N.
2.
C.
12.
§
19.
N.
3.
And
that
the
same
Accusation
,
&c.
so
to
be
had
,
made
and
declared
,
Treason
.
(
viz.
with●n
thirty
days
after
Treason
spoken
,
&c.
)
shall
be
made
to
one
of
the
Kings
Council
,
or
to
one
of
the
Kings
Iustices
of
Assize
,
or
else
to
one
of
the
Kings
Iustices
of
the
Peace
being
of
the
Quorum
,
or
to
two
Iustices
of
the
Peace
within
the
Shire
where
the
same
Offence
,
&c.
shall
happen
to
be
done
or
committed
,
any
thing
in
this
Act
contained
to
the
contrary
,
in
any
wise
notwithstanding
.
2
&
3
Ed.
6.
C.
2.
§
4.
N.
1.
And
if
such
Souldiers
so
offending
,
War
.
(
viz.
departing
or
selling
their
Harness
,
&c.
)
fortune
to
escape
from
the
Lieutenant
,
&c.
without
the
Punishment
(
viz.
of
Imprisonment
till
Satisfaction
)
and
Restitution
aforesaid
,
that
then
the
same
Souldier
upon
complaint
made
by
the
Party
grieved
,
or
his
Executors
or
Administrators
,
upon
due
Proof
thereof
to
made
to
any
Iustice
or
Iustices
of
the
Peace
in
the
parts
where
such
Souldiers
so
offending
shall
be
found
,
shall
be
by
such
Iustice
or
Iustices
committed
to
Ward
,
there
to
remain
without
Bail
or
Mainprize
,
until
he
have
satisfyed
the
Party
grieved
,
his
Executors
or
Administrators
,
of
and
for
such
Horses
,
Geldings
or
Mares
and
Harness
,
so
by
any
such
Souldier
wilfully
lost
,
exchanged
,
altered
or
otherwise
purloyned
.
Process
.
And
that
the
Iustices
of
every
Shire
where
any
such
Souldier
(
viz.
Departing
without
Licence
)
shall
be
taken
,
shall
have
full
Power
to
inquire
,
§
6.
N.
2.
hear
and
determine
in
all
and
every
the
said
Offences
concerning
every
such
Departure
,
as
they
do
and
may
do
in
all
other
Cases
of
Felony
committed
in
the
Shire
where
such
Souldiers
shall
be
taken
.
Justices
.
And
be
it
further
Enacted
,
C.
10.
§
4.
N.
1.
&c.
that
the
Iustices
of
Peace
in
every
of
their
Sessions
,
and
also
the
Steward
in
every
Leet
shall
have
full
Power
,
&c.
to
inquire
,
hear
and
determin
,
as
well
by
Presentment
of
twelve
Men
,
as
by
Accusation
or
Information
of
two
honest
Witnesses
,
of
,
for
and
upon
all
and
every
the
Offences
and
Forfeitures
,
&c.
(
viz.
of
not
well
drying
sifting
or
mixing
of
Mault
,
&c.
)
as
well
for
the
King
as
for
the
Party
that
shall
sue
,
procure
or
cause
the
same
to
be
presented
as
is
beforesaid
.
And
if
any
of
them
(
viz.
Constab●es
,
Bailiffs
,
&c.
)
shall
thereupon
(
Viz.
on
Search
)
find
any
Mault
so
put
to
Sale
,
Coron.
being
evil
made
,
§
4.
N.
3.
or
mingled
with
evil
Mault
,
&c.
that
then
the
said
Bailiff
or
Constable
so
finding
any
such
Mault
,
&c.
with
the
advise
of
one
Iustice
of
Peace
within
the
same
Shire
,
shall
cause
the
same
to
be
sold
to
such
person
,
&c
and
at
such
reasonable
price
,
&c.
and
under
the
common
price
of
the
Market
,
as
to
his
discretion
shall
seem
necessary
and
expedient
.
And
that
all
and
every
other
person
Authorized
to
shoot
or
otherwise
,
if
he
inhabit
in
any
Town-Corporate
be
presented
by
the
Mayor
or
other
Officer
of
the
same
,
Games
.
and
inhabiting
in
the
County
,
C.
14.
§
2.
N.
2.
be
presented
within
one
Month
after
the
publishing
of
this
Act
,
to
the
next
Iustice
of
Peace
adjoyning
.
In
which
Cases
,
the
said
Mayor
,
Iustice
or
other
Officer
so
taking
their
names
as
is
aforesaid
,
Corporation
§
2.
N.
3.
shall
again
present
and
record
the
same
before
a
Iustice
of
the
Peace
at
the
next
Quarter
Sessions
,
to
the
intent
the
Clerk
of
the
Peace
of
the
County
may
keep
a
certain
Book
or
Roll
of
the
names
of
all
such
persons
,
by
the
which
the
Kings
Majesty
may
from
time
to
time
be
ascertained
how
many
sheet
and
able
men
exercised
in
that
Feat
be
in
every
County
,
that
the
same
may
be
imployed
in
his
Graces
Service
,
as
need
and
occasion
shall
require
.
And
it
is
further
Ordained
,
&c.
that
all
and
singular
Iustices
of
Assize
,
Victuals
.
Iustices
of
Peace
,
Mayors
,
Bailiffs
and
Stewards
of
Leets
,
C.
15.
§
3.
N.
1.
at
all
and
every
their
Sessions
Leets
and
Courts
,
shall
have
full
Power
and
Authority
to
inquire
,
hear
and
determin
,
all
and
singular
Offences
committed
against
this
Statute
,
(
viz.
of
Conspiracy
by
Victualers
,
Artificers
,
&c.
)
and
to
punish
or
cause
to
be
punished
,
the
Offender
according
to
the
Tenor
of
this
Act
(
viz.
by
Fine
,
Imprisomnent
,
Pillory
,
&c.
)
Fish
.
And
furthermore
it
is
Ordained
,
&c.
that
Iustices
of
Goal
delivery
and
Iustices
of
Peace
,
in
all
and
singular
Counties
,
Cities
,
C.
19.
§
4.
N.
1.
Towns-Corporate
and
other
places
within
this
Realm
of
England
and
other
the
Kings
Dominions
,
shall
have
full
Power
and
Authority
to
inquire
hear
and
determin
all
manner
of
Offences
that
shall
be
committed
or
done
contrary
to
this
Act
,
(
viz.
Eating
Flesh
on
Fridays
,
Saturdays
,
Embring-days
and
Fish-days
)
in
like
manner
and
form
as
they
may
inquire
,
hear
and
determin
,
any
Trespass
or
other
Offence
against
the
Kings
Peace
committed
or
done
,
within
the
limits
or
place
where
they
then
shall
be
Iustices
,
&c.
For
redress
,
&c.
be
it
Enacted
,
&c.
that
where
any
person
,
C.
24.
§
2.
N.
5.
&c.
shall
be
Feloniously
stricken
or
poysoned
in
one
County
,
Coron.
and
dye
of
the
same
,
&c
,
in
another
County
,
that
then
an
Indictment
thereof
found
by
Iurors
of
the
County
where
the
death
shall
happen
,
whether
it
shall
be
found
before
the
Coroner
,
&c
or
before
the
Iustices
of
Peace
,
or
other
Iustices
or
Commissioners
&c.
shall
be
as
good
,
&c.
as
if
the
Stroke
or
Poysoning
had
been
committed
or
done
in
the
same
County
where
the
Party
shall
dye
,
or
where
such
Indictment
shall
be
so
found
,
&c.
And
further
be
it
Enacted
,
&c.
that
where
any
Murder
or
Felony
hereafter
shall
be
committed
and
done
in
one
County
,
Lieu.
§
4.
N.
1.
and
another
person
or
more
shall
be
accessary
,
&c.
in
any
manner
of
wise
,
&c.
in
any
other
County
,
that
then
an
Indictment
found
,
&c.
before
the
Iustices
of
Peace
,
or
other
Iustices
or
Commissioners
,
to
inquire
of
Felonies
in
the
County
where
such
Offences
of
Accessary
,
&c.
shall
be
committed
,
&c.
shall
be
as
good
and
effectual
in
the
Law
,
as
if
the
said
principal
Offence
had
been
committed
,
&c.
within
the
same
County
where
the
same
Indictment
against
such
Accessary
shall
be
found
.
§
4.
N.
2.
And
that
the
Iustices
of
Goal-delivery
,
or
Oyer
and
Terminer
,
Accessary
.
or
two
of
them
,
of
or
in
such
County
where
the
Offence
of
any
such
Accessary
shall
be
hereafter
committed
,
&c.
upon
suit
to
them
made
,
shall
write
to
the
Custos
Rotulorum
,
or
Keepers
of
the
Records
where
such
Principal
shall
be
hereafter
attainted
or
convicted
,
to
certify
them
whether
such
Principal
be
attainted
or
convicted
,
or
otherwise
discharged
of
such
principal
Felony
,
who
upon
such
Writing
to
them
or
any
of
them
directed
,
shall
make
sufficient
Certificate
in
Writing
under
their
Seal
or
Seals
to
the
said
Iustices
,
whether
such
Principal
be
attainted
and
convicted
,
or
otherwise
discharged
,
or
not
.
3
&
4
Ed.
6.
p.
667.
Acts
made
in
the
Session
of
this
present
Parliament
,
Parliament
.
holden
upon
Prorogation
at
Westminster
,
the
fourth
day
of
November
in
the
third
year
of
the
Reign
of
our
most
Dread
Soveraign
Lord
Edward
the
sixth
,
by
the
Grace
of
God
King
of
England
,
France
and
Ireland
,
Defender
of
the
Faith
and
of
the
Church
of
England
,
and
also
of
Ireland
,
in
Earth
the
Supream
Head
,
and
there
continued
and
kept
to
the
first
day
of
February
,
in
the
fourth
year
of
the
Reign
of
our
said
Soveraign
Lord
as
followeth
.
Cap.
1.
Where
in
the
Parliament
holden
at
Westminster
in
the
seven
and
thirtieth
year
of
the
Reign
of
the
most
excellent
Prince
of
Famous
Memory
King
Henry
the
eighth
,
(
viz.
37
H.
8.
Cap.
1.
§
2.
N.
2.
Patents
.
)
it
was
Enacted
that
no
person
or
persons
should
from
the
making
of
the
said
Act
,
be
nominated
and
appointed
to
the
Office
or
Offices
of
Custos
Rotulorum
,
within
any
Shire
of
this
Realm
of
England
,
Wales
or
other
the
Kings
Dominions
,
Marches
or
Territories
of
the
same
,
but
such
as
should
have
a
Bill
signed
with
the
Kings
hand
for
the
same
.
§
1.
N.
2.
Which
Bill
signed
(
viz.
37
H.
8.
Cap.
1.
§
2.
N.
3.
Chancery
.
)
should
be
a
sufficient
Warrant
by
Authority
of
the
said
Act
,
to
the
Lord
Chancellor
of
England
and
Lord
Keeper
of
the
Great
Seal
for
the
time
being
,
to
make
from
time
to
time
Commission
or
Commissions
,
assigning
and
authorizing
thereby
the
same
person
to
be
Custos
Rotulorum
,
untill
the
King
had
by
another
Bill
assigned
with
his
own
hand
,
appointed
and
ordained
another
person
to
have
,
occupy
and
exercise
the
same
Office
of
Custos
Rotulorum
.
§
1.
N.
3.
And
(
Viz.
37
H.
8
Cap.
1.
§
2.
N.
4.
Peace
.
)
that
the
said
person
appointed
and
assigned
to
be
Custos
Rotulorum
as
is
abovesaid
,
should
and
might
,
occupy
,
exercise
and
enjoy
the
said
Office
of
Custos
Rotulorum
by
himself
,
or
by
his
sufficient
Deputy
learned
in
the
Laws
of
this
Realm
,
and
meet
and
able
to
supply
the
said
Office
according
to
the
Tenor
of
the
said
Grant
or
Commission
,
as
by
the
same
Act
among
other
things
more
at
large
it
doth
and
may
appear
.
§
2.
N.
1.
Since
the
making
of
which
Statute
(
viz.
37
H.
8.
Cap.
1.
§
2.
Patents
.
)
divers
and
many
persons
being
in
the
said
Offices
of
Custos
Rotulorum
in
divers
Shires
of
the
Realm
,
have
departed
this
present
Life
and
dyed
,
so
that
there
hath
not
come
to
the
hands
of
the
Chancellor
of
England
or
Lord
Keeper
of
the
Great
Seal
,
any
Bill
or
Bills
assigned
with
the
Kings
Majesties
hand
,
for
the
naming
,
appointing
or
assigning
of
any
new
Custos
Rotulorum
in
the
same
Shires
,
and
so
the
said
Offices
have
remained
void
for
a
long
time
to
the
great
let
of
Iustice
.
§
2.
N.
2.
And
also
for
that
it
shall
be
very
tedious
and
much
to
the
molesting
of
the
Kings
Majesty
upon
every
avoidance
of
such
Custos
Rotulorum
by
death
or
otherwise
,
Officer
.
to
move
his
Majesty
for
the
signing
of
Bills
for
other
persons
to
be
elected
,
named
,
chosen
and
appointed
to
supply
the
said
Offices
of
Custos
Rotulorum
being
void
.
§
2.
N.
3.
And
for
that
the
nomination
and
appointing
of
the
said
Office
of
Custos
Rotulorum
long
before
the
making
of
the
said
Statute
,
&c.
(
viz.
37
H.
8.
Chancery
.
C.
1.
)
did
appertain
and
belong
to
the
Office
of
the
Chancellor
of
England
,
or
Lord
Keeper
of
the
Great
Seal
for
the
time
being
.
§
3.
N.
1.
Be
it
therefore
Enacted
by
the
King
our
Soveraign
Lord
,
Prerog
.
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
that
the
Chancellor
of
England
,
or
Lord
Keeper
of
the
Great
Seal
for
the
time
being
,
shall
at
all
time
and
times
hereafter
,
and
from
time
to
time
without
any
Bill
or
Bills
to
be
assigned
with
the
Kings
hand
,
name
elect
,
assign
and
appoint
such
person
and
persons
to
be
Custos
Rotulorum
within
every
Shire
of
this
Realm
of
England
,
Wales
,
and
other
the
Kings
Dominions
,
Marches
and
Territories
of
the
same
or
by
any
of
them
,
as
by
the
discretion
of
the
said
Lord
Chancellor
or
Lord
Keeper
of
the
Great
Seal
for
the
time
being
,
Deputy
.
§
3.
N.
2.
shall
be
thought
able
and
meet
to
have
and
exercise
the
same
.
And
that
the
said
person
or
persons
so
to
be
appointed
,
elected
,
named
and
assigned
by
the
said
Lord
Chancellor
or
Lord
Keeper
of
the
Great
Seal
for
the
time
being
,
shall
and
may
,
occupy
,
exercise
and
enjoy
the
same
Office
of
Custos
Rotulorum
by
himself
,
or
by
his
sufficient
Deputy
or
Deputies
,
Patents
.
in
as
ample
,
and
large
manner
and
form
,
as
if
the
said
Act
(
viz.
37
H.
8.
Cap.
1.
)
had
never
been
had
ne
made
,
§
4.
N.
1.
the
before
rehearsed
Act
,
or
any
thing
therein
contained
to
the
contrary
hereof
,
in
any
wise
notwithstanding
.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
that
all
such
as
now
have
any
of
the
said
Offices
of
Custos
Rotulorum
by
the
Kings
Letters
Patents
or
Commission
,
to
them
or
any
of
them
made
,
shall
and
may
enjoy
,
Franchise
.
have
and
exercise
the
said
Offices
,
by
vertue
of
the
same
Letters
Patents
or
Commission
,
by
himself
,
§
5.
N.
1.
or
his
sufficient
and
able
Deputy
instructed
in
the
Laws
of
this
Realm
,
any
thing
in
this
present
Act
had
or
made
to
the
contrary
notwithstanding
.
Provided
also
that
it
be
Enacted
by
the
Authority
aforesaid
,
that
the
Arch-Bishop
of
York
,
the
Bishop
of
Durham
,
the
Bishop
of
Ely
and
every
of
their
Successors
,
the
Chancellor
of
the
Dutchy
of
Lancaster
for
the
time
being
,
and
all
and
every
Person
and
Persons
,
Corporations
and
Bodies
Corporated
,
to
whom
the
Kings
Majesty
or
any
of
his
Noble
Progenitors
,
by
his
or
their
Letters
Patents
or
Act
of
Parliament
,
have
given
and
granted
any
Liberty
and
Authority
,
or
otherwise
have
Authority
by
other
lawful
means
or
ways
,
to
ordain
,
make
and
constitute
any
of
the
said
Officers
of
Custos
Rotulorum
,
within
any
County
Palatine
or
other
place
,
Peace
.
Cap.
5.
shall
and
may
have
and
enjoy
the
same
Liberty
and
Authority
,
according
as
they
have
had
and
enjoyed
the
same
,
any
thing
in
this
present
Act
had
or
made
to
the
contrary
notwithstanding
.
Treason
.
Forasmuch
as
it
is
most
necessary
in
a
Common-wealth
to
provide
that
Tranquility
and
Peace
may
be
continued
in
this
Realm
,
§
1.
N.
2.
and
that
all
things
being
contrary
thereto
,
may
by
foresight
be
eschewed
.
Therefore
it
is
Ordained
and
Enacted
by
the
King
our
Soverain
Lord
,
with
the
assent
of
the
Lords
and
Commons
of
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
,
that
if
any
persons
to
the
number
of
twelve
or
above
,
being
assembled
together
at
any
time
after
the
twelfth
day
of
February
next
coming
,
shall
intend
,
go
about
,
practice
or
put
in
ure
with
force
of
Arms
,
unlawfully
and
of
their
own
Authority
to
murder
,
kill
,
slay
,
take
or
imprison
any
of
the
Kings
most
honourable
Privy-Counsel
,
or
unlawfully
to
alter
or
change
any
Laws
made
or
established
for
Religion
by
Authority
of
Parliament
,
or
any
other
Laws
or
Statutes
of
this
Realm
or
any
of
them
,
the
same
number
of
twelve
or
above
,
being
commanded
or
required
by
the
Sheriff
of
the
Shire
,
or
by
any
Iustice
of
Peace
of
the
same
Shire
,
or
by
the
Mayor
,
Sheriffs
,
Iustices
of
Peace
or
Bailiffs
of
any
City
,
Borough
or
Town-Corporate
where
any
such
Assembly
shall
be
unlawfully
had
or
made
by
Proclamation
in
the
Kings
Name
,
to
retire
and
repair
to
their
own
Houses
,
Habitations
or
Places
from
whence
they
came
,
and
they
or
any
of
them
notwithstanding
such
Proclamation
,
shall
remain
,
or
make
their
abode
or
continue
together
by
the
space
of
on
whole
hour
after
such
Commandment
or
Request
made
by
Proclamation
,
or
after
that
,
shall
willingly
in
forcible
and
riotous
manner
,
attempt
to
do
or
put
in
ure
any
the
things
above
specifyed
,
that
then
as
well
every
such
abode
and
continuing
together
,
as
every
such
Act
or
Offence
,
that
after
such
Proclamation
,
Commandment
or
Request
had
or
made
,
shall
be
attempted
to
be
done
,
practiced
or
put
in
ure
by
any
persons
being
of
the
number
aforesaid
,
shall
be
judged
High-Treason
in
all
and
singular
those
persons
that
so
shall
make
their
abode
or
continue
together
,
or
shall
attempt
or
commit
any
such
Act
,
and
the
Offenders
therein
,
their
Aiders
,
Abetters
and
Procurers
,
to
be
adjudged
Traitors
to
the
King
and
the
Realm
,
and
shall
suffer
Execution
of
Death
as
in
Case
of
High-Treason
,
1
Mar.
1.
Stat.
2.
Cap.
12.
§
2.
N.
1.
And
furthermore
be
it
Enacted
,
Coron.
Ordained
and
Established
by
the
Authority
aforesaid
,
that
if
any
persons
to
the
number
of
twelve
or
above
,
after
the
said
twelfth
day
of
February
,
shall
intend
,
go
about
,
practice
or
put
in
ure
in
manner
and
form
aforesaid
,
to
overthrow
,
cut
,
break
,
cast
down
or
dig
up
the
Pales
,
Hedges
,
Ditches
or
other
Closure
of
any
Parks
,
Park
or
other
Grounds
or
Ground
Inclosed
,
or
the
Banks
of
any
Fish-Pond
or
Pool
,
or
any
Conduits
for
Water
,
Conduit-heads
or
Conduit-pipes
having
Course
of
Water
,
to
the
intent
that
the
same
or
any
of
them
from
thenceforth
should
remain
open
,
not
inclosed
or
void
,
or
unlawfully
to
have
Common
,
or
a
Way
in
the
said
Parks
,
Park
or
other
Grounds
or
Ground
inclosed
,
or
in
any
of
them
,
or
to
destroy
the
Deer
in
any
manner
of
Parks
or
Park
,
or
any
Warrens
or
Warren
of
Connies
,
or
any
Dove-houses
,
or
any
Fish
in
any
Pond
or
Pool
,
or
to
pull
or
cut
down
any
Houses
,
Barns
,
Mills
or
Bays
,
or
to
burn
any
Stacks
of
Corn
or
Grain
,
or
to
abate
,
defalk
or
diminish
the
Rents
or
yearly
Value
,
of
any
Manners
,
Lands
or
Tenements
,
or
the
Price
of
any
Victual
,
Corn
or
Grain
,
or
any
other
things
usual
for
the
sustenance
of
Men
;
and
being
required
or
commanded
by
any
Iustice
of
Peace
,
or
by
the
Sheriff
of
the
County
,
or
by
the
Mayor
,
Bailiff
or
Bailiffs
,
or
other
Head-Officers
of
any
Head-City
or
Town-Corporate
where
such
Assembly
shall
be
had
,
by
Proclamation
to
be
made
in
the
Kings
Name
,
to
retire
or
return
in
peaceable
manner
to
their
Habitations
,
Places
and
Houses
from
whence
they
came
,
and
they
or
any
of
them
notwithstanding
such
Proclamation
,
shall
remain
or
make
their
abode
,
or
continue
together
by
the
space
of
one
whole
hour
,
after
such
Commandment
or
Request
made
by
Proclamation
;
or
after
that
shall
in
forcible
manner
attempt
to
do
or
put
in
ure
,
any
of
the
things
last
before
mentioned
,
that
then
as
well
every
such
abode
or
continuing
together
,
as
every
such
Act
,
that
after
such
Proclamation
,
Commandment
or
Request
had
or
made
,
shall
be
done
,
practiced
or
put
in
ure
by
any
persons
being
above
the
number
of
twelve
,
shall
be
adjudged
Felony
,
and
the
Offenders
therein
to
be
adjudged
Felons
,
and
shall
suffer
Execution
as
in
Case
of
Felony
,
1
Mar.
1.
St.
2.
Cap.
12.
§
2.
N.
1.
§
2.
N.
2.
And
every
of
the
same
persons
,
Clergy
.
to
lose
the
Benefit
of
his
Clergy
and
Sanctuary
.
§
3.
N.
1.
And
also
it
is
Ordained
and
Enacted
by
the
Authority
abovesaid
,
Riot
.
that
if
any
person
or
persons
after
the
twelfth
day
of
February
,
unlawfully
and
without
Authority
by
ringing
of
any
Bell
or
Bells
,
sounding
of
any
Drum
,
Trumpet
,
Hornor
other
Instrument
whatsoever
,
or
by
firing
of
any
Beacon
,
or
by
malicious
speaking
or
uttering
of
any
words
,
or
making
any
out-cry
,
or
by
setting
up
or
casting
any
Bills
,
Bill
or
Writing
whatsoevever
,
or
by
any
other
deed
or
act
shall
raise
or
cause
to
be
raised
or
assembled
,
any
persons
to
the
number
of
twelve
or
above
,
to
the
intent
that
the
same
persons
should
commit
and
put
in
ure
any
of
the
acts
or
things
above
mentioned
,
and
that
the
persons
to
the
number
of
twelve
or
above
so
raised
and
assembled
,
after
Commandment
had
or
given
in
form
aforesaid
,
shall
make
their
abode
,
or
continue
together
as
is
aforesaid
,
or
unlawfully
perpetrate
,
do
,
commit
,
or
put
in
ure
any
of
the
acts
or
things
abovesaid
,
that
then
all
and
singular
persons
by
whose
Speaking
,
Deed
,
Act
or
any
other
the
means
above
specified
,
any
persons
to
the
number
of
twelve
or
above
shall
be
raised
or
assembled
for
the
doing
,
committing
or
putting
in
ure
any
of
the
acts
or
things
above
mentioned
,
shall
be
adjudged
for
his
so
speaking
or
doing
,
a
Felon
,
and
shall
suffer
Execution
of
Death
as
in
Case
of
Felony
,
1
Mar.
1.
St.
2.
C.
12.
§3
.
N.
1.
§
3.
N.
2.
And
shall
lose
his
Benefit
,
and
Sanctuary
,
and
Clergy
.
Clergy
.
§
4.
N.
1.
And
over
that
,
it
is
Ordained
and
Enacted
by
the
Authority
aforesaid
,
Treason
.
that
if
any
persons
to
the
number
of
forty
and
above
,
after
the
said
twelfth
day
of
February
shall
be
assembled
together
in
forcible
manner
,
unlawfully
and
of
their
own
Authority
,
to
the
intent
to
do
,
exercise
or
put
in
ure
any
of
the
things
above
mentioned
,
or
to
do
any
other
Trayterous
Felonies
or
Rebellions
,
Act
or
Acts
,
and
so
shall
continue
by
the
space
of
two
hours
,
that
then
every
person
so
being
willingly
assembled
in
forcible
manner
,
and
so
continuing
by
the
space
of
two
hours
,
shall
be
adjudged
a
Traytor
to
the
King
and
to
the
Realm
,
and
shall
suffer
Execution
of
Death
as
in
Case
of
High-Treason
,
1
Mar.
1.
St.
2.
C.
12
§20
.
N
1.
Bar.
&
Fem.
And
also
that
if
any
Wife
or
Servant
of
any
of
the
same
persons
,
§
5.
N.
1.
or
any
other
person
whatsoever
,
shall
willingly
and
without
Compulsion
,
bring
,
send
,
deliver
or
convey
,
any
Mony
,
Harness
,
Artillery
,
Weapon
,
Meat
,
Bread
,
Drink
or
other
Victual
to
any
person
or
persons
so
being
assembled
as
is
aforesaid
,
during
such
time
as
he
or
they
shall
so
be
assembled
or
be
together
as
is
aforesaid
,
that
then
every
Wife
,
Servant
or
other
person
so
bringing
,
sending
,
delivering
or
conveying
,
any
Mony
,
Harness
,
Artillery
,
Weapon
,
Meat
,
Bread
,
Drink
or
Victual
to
the
same
persons
,
so
being
assembled
together
in
forcible
manner
,
or
to
any
of
them
,
shall
be
adjudged
a
Traytor
to
the
King
and
to
the
Realm
,
and
shall
suffer
Execution
of
Death
as
in
Case
of
High-Treason
.
1
Mar.
1.
St.
2.
Cap.
12.
§
4.
N.
1.
Forfeiture
.
And
furthermore
it
is
Ordained
and
Enacted
by
the
Authority
above
said
,
§
6.
N.
1.
that
every
person
that
at
any
time
hereafter
shall
be
attainted
of
or
for
any
of
the
Treasons
or
Treason
above
mentioned
,
shall
upon
his
said
Attainder
forfeit
his
Goods
and
Cattels
,
Interests
for
term
of
Life
,
and
of
years
,
Lands
,
Tenements
and
other
Hereditaments
,
in
like
manner
and
form
as
any
person
attainted
for
Felony
only
should
or
ought
to
forfeit
by
the
Common
Laws
of
this
Realm
and
not
otherwise
,
that
is
to
say
,
the
King
to
have
the
year
and
day
and
wast
of
such
Lands
and
Tenements
wherof
any
person
so
attainted
shall
at
the
time
of
the
Treason
committed
,
or
at
any
time
after
have
an
Estate
of
Fee-Simple
,
and
also
the
Goods
and
Cattels
real
and
personal
.
Franchise
.
And
that
the
Lords
of
whom
the
said
Lands
and
Tenements
or
any
part
thereof
shall
be
holden
,
§
6.
N.
2.
to
have
and
enjoy
the
Lands
or
Tenements
holden
of
him
or
them
for
ever
,
in
such
the
same
manner
and
form
as
in
Cases
of
Attainder
of
Felony
at
the
Common-Law
.
Tayl.
And
that
every
person
that
at
any
time
hereafter
shall
be
attainted
of
any
of
the
Treasons
aforesaid
,
§
6.
N.
3.
shall
forfeit
the
Lands
and
Tenements
and
other
Hereditaments
whereof
he
shall
be
seised
of
any
Estate
in
Tayl
,
or
for
term
of
Life
or
Lives
at
the
time
of
any
such
Treason
committed
,
or
at
any
time
after
,
during
his
Life
only
and
no
longer
,
unless
the
person
so
attainted
shall
be
thereof
seised
in
his
demean
as
of
Fee
at
the
time
of
the
said
Treason
committed
,
or
at
any
time
after
.
Heir
.
And
that
after
the
decease
of
the
same
person
so
attainted
,
§
6.
N.
4.
all
and
singular
such
person
and
persons
as
should
have
had
and
enjoyed
such
Lands
Tenements
and
other
Hereditaments
,
as
any
person
that
at
any
time
hereafter
shall
be
attainted
of
or
for
any
Treason
above
specified
,
shall
fortune
to
be
seised
of
any
Estate
in
Tayl
,
or
for
term
of
Life
at
the
time
of
any
such
Treason
committed
or
at
any
time
after
,
shall
after
the
death
of
the
same
person
that
so
shall
fortune
to
be
attainted
,
have
and
enjoy
the
said
Lands
Tenements
and
other
Hereditaments
,
in
like
manner
and
form
as
though
no
such
Attainder
had
been
had
,
any
Law
or
Vsage
to
the
contrary
,
in
any
wise
notwithstanding
.
Riot
.
And
furthermore
it
is
Ordained
and
Enacted
by
the
Authority
abovesaid
,
§
7.
N.
1
that
if
any
persons
above
the
number
of
two
and
under
the
number
of
twelve
,
being
assembled
together
at
any
time
after
the
said
twelfth
day
of
February
,
shall
intend
,
go
about
,
practice
or
put
in
ure
,
with
force
of
Arms
unlawfully
and
of
their
own
authority
to
murder
,
kill
or
slay
any
of
the
Kings
Majesties
Subjects
,
or
to
overthrow
,
cut
,
break
,
cast
down
or
dig
up
the
Pales
,
Hedges
,
Ditches
,
Wall
or
other
Closure
of
any
Parks
,
Park
or
other
Ground
inclosed
,
or
the
Bank
of
any
Fish-Pond
or
Pool
,
to
the
intent
that
the
same
or
any
of
them
from
henceforth
should
remain
open
,
not
inclosed
or
void
,
or
to
have
Common
or
Way
in
the
same
Parks
,
Park
or
other
Grounds
or
Ground
inclosed
,
or
any
of
them
,
or
to
destroy
any
manner
of
Parks
or
Park
,
or
Fish-Pond
or
Pool
,
or
any
Warrens
or
Warren
of
Connies
,
or
any
Dove-houses
,
or
to
pull
or
cut
down
any
House
,
Barn
,
Mill
,
or
to
burn
any
Stacks
of
Corn
or
Grain
,
or
alter
,
defalk
or
abate
the
Rents
or
yearly
Value
of
any
Mannors
,
Lands
or
Tenements
of
any
of
the
Kings
Subjects
,
or
the
price
of
any
Victual
,
Corn
or
Grain
,
or
any
other
things
usual
for
the
Sustenance
or
Apparel
of
Men
,
and
being
required
or
commanded
by
any
Iustice
of
the
Peace
,
or
the
Sheriff
of
the
County
,
or
by
any
Mayor
,
Bailiffs
or
Bailiff
,
or
other
Head-Officer
of
any
City
or
Town-Corporate
where
such
Assembly
shall
be
had
,
by
Proclamation
to
be
made
in
the
Kings
Name
,
to
retire
or
return
to
their
Habitations
,
Places
or
Houses
,
and
they
so
required
by
such
Proclamation
shall
not
so
do
,
but
after
that
shall
in
forcible
manner
in
form
aforesaid
,
attempt
to
do
or
put
in
ure
any
of
the
things
last
above
mentioned
,
that
then
every
of
the
same
persons
being
above
the
number
of
two
and
under
the
number
of
twelve
,
shall
suffer
Imprisonment
of
his
or
their
bodies
by
the
space
of
one
year
without
Bail
or
Mainprise
,
1
Mar.
1.
St.
2.
Cap.
12.
§
5.
N.
1.
§
7.
N.
2.
And
shall
make
Fine
and
Ransom
at
the
Kings
Will
and
Pleasure
Amercement
.
§
7.
N.
3.
And
also
that
if
any
person
or
persons
at
any
time
after
the
twelfth
day
of
February
,
shall
be
damnified
or
hurt
by
the
doing
,
Damages
.
committing
or
putting
in
ure
,
of
any
unlawful
act
or
thing
above
mentioned
,
that
then
all
and
singular
persons
so
damnified
or
hurt
,
shall
recover
and
have
Damages
with
the
Costs
of
their
Suit
sustained
in
that
behalf
trebled
against
the
Offenders
therein
,
1
Mar.
1.
St.
2.
Cap.
12.
§
6.
N.
1.
§
8.
N.
1.
And
forasmuch
as
such
evil
disposed
persons
which
of
late
time
made
Commotions
and
Rebellion
in
certain
places
within
this
Realm
,
War
.
being
but
few
in
number
at
such
time
as
they
did
begin
the
same
Commotion
,
were
not
in
short
time
after
the
beginning
thereof
suppressed
by
strength
,
for
that
the
Kings
loving
Subjects
for
fear
to
incur
the
danger
of
the
Laws
of
this
Realm
durst
not
take
upon
them
so
to
do
,
a
greater
number
of
evil
disposed
persons
did
come
and
joyn
themselves
to
the
said
small
number
,
whereby
the
same
evil
disposed
persons
took
upon
them
such
boldness
,
that
they
would
not
be
reduced
to
obedience
without
much
blood
shedding
,
to
the
great
danger
of
the
Kings
Majesties
person
,
where
if
the
Kings
loving
Subjects
durst
have
taken
upon
them
to
have
suppressed
them
at
the
beginning
,
such
inconvenience
of
blood-shed
should
not
have
followed
,
1
Mar.
1.
St
2.
Cap.
12.
§
7.
N.
1.
§
8.
N.
2.
Therefore
it
is
also
Ordained
and
Enacted
by
the
Authority
aforesaid
,
Justices
.
that
if
any
persons
above
the
number
of
two
,
that
at
any
time
after
the
said
twelfth
day
of
February
shall
be
unlawfully
and
of
their
own
authority
assembled
together
,
to
the
intent
with
force
of
Arms
to
do
,
practice
or
put
in
ure
any
of
the
things
above
mentioned
,
that
then
it
shall
be
lawful
to
every
Iustice
of
Peace
,
and
to
every
Sheriff
in
any
County
being
within
the
Kings
Dominions
,
and
to
every
Mayor
,
Bailiff
and
other
Head-Officer
of
any
City
or
Town-Corporate
for
the
time
he
shall
be
in
Office
,
or
any
other
person
or
persons
having
the
Kings
Commission
,
or
Letters
from
his
Highness
or
his
Privy
Council
,
as
well
to
raise
and
assemble
the
Kings
loving
Subjects
in
manner
of
War
,
to
be
arrayed
in
such
great
number
as
he
or
they
then
shall
think
meet
or
able
,
to
the
intent
by
Violence
and
Strength
,
to
suppress
,
apprehend
and
take
the
said
persons
that
so
shall
be
unlawfully
assembled
,
1
Mar.
1.
St.
2.
Cap.
12.
§
7.
N.
2.
§
8.
N.
3.
And
that
if
the
said
persons
so
unlawfully
assembled
,
Process
.
after
such
Commandment
or
Request
by
Proclamation
or
otherwise
made
,
shall
continue
together
and
not
endeavour
themselves
to
return
towards
their
Habitations
,
Houses
or
Places
from
whence
they
came
,
in
such
short
time
as
they
may
conveniently
,
that
then
it
shall
be
lawful
to
every
Iustice
of
Peace
,
Sheriff
,
and
also
to
every
Mayor
,
Bailiff
and
other
Head-Officer
of
any
City
or
Town-Corporate
,
and
to
every
other
Person
having
Authority
as
aforesaid
,
after
such
Commandment
or
Request
by
Proclamation
made
,
and
to
such
persons
as
shall
be
assembled
with
any
Iustice
of
Peace
or
Sheriff
,
or
with
any
Mayor
,
Bailiff
or
other
Head-Officer
of
any
City
or
Town
Corporate
,
and
with
every
other
person
having
Authority
as
is
aforesaid
,
to
suppress
,
apprehend
and
take
those
persons
so
unlawfully
assembled
,
which
after
such
Request
made
shall
continue
together
and
not
endeavour
themselves
to
return
towards
their
Habitations
or
Places
from
whence
they
came
,
1
Mar.
1.
St.
2.
Cap.
12.
§
7.
N.
3.
Coron.
And
that
if
the
said
persons
so
unlawfully
assembled
together
or
any
of
them
,
shall
fortune
to
be
killed
,
slain
,
maimed
or
hurt
,
§
8.
N.
4.
in
or
about
the
suppressing
or
taking
of
them
,
that
then
every
such
Iustice
of
Peace
,
Sheriff
,
Mayor
,
Bailiff
and
other
Head-Officer
,
and
every
other
person
having
Authority
as
is
aforesaid
,
and
all
and
singular
persons
by
him
or
them
assembled
,
shall
be
free
,
discharged
and
unpunishable
,
as
well
against
the
King
as
against
all
and
every
other
person
and
persons
,
of
,
for
or
concerning
the
killing
,
slaying
,
maiming
and
hurting
of
any
person
or
persons
so
unlawfully
assembled
,
that
shall
fortune
to
be
killed
,
slain
,
maimed
or
hurt
,
about
or
by
occasion
of
suppressing
or
taking
of
them
,
1
Mar.
1.
St.
2.
Cap.
12.
§
7.
N.
4.
Copy-holder
.
And
furthermore
be
it
Enacted
by
the
Authority
aforesaid
,
§
9.
N.
1.
that
all
and
every
Copy-holder
or
Customary-Holder
,
being
Artificer
,
Husband-man
or
Laborer
,
and
being
of
the
age
of
eighteen
years
or
more
,
and
under
the
age
of
forty
years
,
not
sick
,
impotent
,
lame
,
maimed
ne
having
any
other
just
or
reasonable
excuse
or
cause
to
the
contrary
,
and
being
required
by
the
Sheriff
,
Iustice
or
Iustices
of
the
Peace
,
or
other
having
Authority
by
this
Act
,
or
by
Commission
or
Letters
as
is
aforesaid
in
that
behalf
,
they
declaring
their
said
Authority
,
or
being
required
by
the
immediate
Lord
or
Lords
of
whom
such
Copy-holds
or
Customary
holds
then
shall
be
holden
,
to
serve
the
Kings
Majesty
for
any
the
causes
above
rehearsed
,
and
refuse
so
to
do
,
shall
only
during
the
Life
of
such
person
or
persons
so
refusing
,
forfeit
and
lose
to
his
or
their
Lord
or
Lords
of
whom
such
Copy
or
Customary-holds
then
shall
be
immediately
holden
and
should
be
holden
,
during
the
Life
of
such
person
or
persons
so
refusing
,
in
Case
he
or
they
had
not
so
refused
,
all
their
Copy-holds
and
Customary-holds
,
1
Mar.
1.
St.
2.
Cap.
12.
§
8.
N.
1.
Seisure
.
And
that
it
shall
be
lawful
to
every
such
Lord
or
Lords
,
§
9.
N.
2.
their
Heirs
or
Assigns
of
whom
such
Copy-holds
or
Customary-holds
shall
be
immediately
holden
and
should
have
béen
holden
,
in
case
such
person
or
persons
had
not
so
refused
,
by
vertue
of
this
present
Act
,
to
enter
and
take
into
his
or
their
Hands
or
Possession
,
all
such
Copy-holds
and
Customary-holds
so
holden
of
them
or
any
of
them
immediately
,
and
to
retain
the
same
during
only
the
Life
of
every
such
Offender
or
Offenders
,
in
such
manner
and
form
as
he
or
they
should
have
had
the
Rents
or
Services
of
such
Copy-hold
or
Customary-hold
,
in
Case
such
person
or
persons
so
refusing
had
not
refused
,
1
Mar.
1.
St.
2.
Cap.
12.
§
8.
N.
2.
●orfeiture
.
And
that
all
and
every
Farmer
being
a
Yeoman
,
Husbandman
,
§
9.
N.
3.
Artificer
or
Laborer
,
and
being
of
the
age
of
eighteen
years
or
more
,
and
under
the
age
of
forty
years
,
not
sick
,
impotent
,
lame
,
maimed
ne
having
any
other
just
or
reasonable
excuse
or
cause
to
the
contrary
,
and
being
required
by
the
Sheriff
,
Iustice
or
Iustices
of
the
Peace
,
or
other
having
Authority
by
this
Act
,
or
by
Commission
or
Letters
as
is
aforesaid
in
this
behalf
,
they
declaring
their
said
Authority
,
or
being
required
by
their
Land-Lord
or
Land-Lords
for
the
time
being
,
to
whom
the
Rents
of
such
Farms
shall
be
then
rising
,
coming
or
growing
,
to
serve
the
Kings
Majesty
for
any
the
Causes
above
rehearsed
and
refuse
so
to
do
,
shall
during
only
the
Life
of
such
Farmer
or
Farmers
so
refusing
,
forfeit
and
lose
to
such
Land-Lord
and
Land-Lords
as
should
have
had
the
Rents
of
such
Farmers
,
during
the
Life
and
Lives
of
such
person
or
persons
so
refusing
,
all
their
said
Farms
,
1
Mar.
1.
St.
2.
Cap.
12.
§
9.
N.
1.
Entrie
.
And
that
it
shall
be
lawful
to
every
such
Land-Lord
and
Land-Lords
,
§
9.
N.
4.
their
Heirs
and
Assigns
to
whom
the
Rents
of
such
Farms
should
have
been
due
,
during
the
Life
of
such
person
or
persons
so
refusing
,
in
case
such
person
or
persons
had
not
so
refused
,
by
vertue
of
this
present
Act
to
enter
and
take
into
his
or
their
Hands
or
Possession
all
such
Farms
,
and
to
retein
the
same
during
only
the
Life
of
every
such
Offender
or
Offenders
,
1
Mar.
1.
St.
2.
Cap.
12.
§
9.
N.
2.
●●●r
.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
§
9.
N.
5.
that
after
the
death
of
every
such
Copy-holder
,
Customary-holder
or
Farmer
,
as
so
shall
offend
and
forfeit
any
of
their
said
Copy-holds
,
Customary-holds
or
Farms
as
is
aforesaid
,
that
then
all
and
every
such
person
and
persons
as
should
or
ought
to
have
had
the
said
Copy-holds
,
Customary-holds
or
Farms
,
after
or
by
the
death
of
such
Copy-holder
,
Customary-holder
or
Farmer
,
in
case
such
Copy-holder
,
Customary-holder
or
Farmer
had
not
so
offended
ne
forfeited
,
shall
and
may
have
the
same
Copy-holds
,
Customary-holds
and
Farms
by
Entry
,
Action
,
Admission
or
otherwise
in
like
Manner
,
Form
and
Condition
,
and
by
such
Ways
and
Means
as
they
and
every
of
them
should
,
might
or
ought
to
have
had
,
if
no
such
Forfeiture
or
Offence
had
been
had
,
done
or
committed
,
1
Mar.
1.
St.
2.
Cap.
12.
§
10.
N.
1.
§
10.
N.
1.
And
furthermore
it
is
Ordained
and
Enacted
by
the
Authority
aforesaid
,
that
if
any
person
or
persons
after
the
said
twelfth
day
of
February
,
Coron.
by
open
Word
or
Deed
shall
procure
or
stir
any
other
person
or
persons
,
to
arise
or
make
any
Traiterous
or
Rebellious
Assembly
,
to
the
intent
to
do
,
exercise
or
put
in
ure
any
of
the
things
above
mentioned
,
that
then
every
person
so
procuring
,
moving
or
stirring
any
other
,
shall
therefore
be
deemed
and
adjudged
a
Felon
,
and
suffer
pains
of
Death
,
and
forfeit
his
Goods
,
Cattels
,
Lands
and
Tenements
as
in
Cases
of
Felony
,
1
Mar.
1.
St
2.
Cap.
12.
§
19.
N.
1.
§.
10.
N.
2.
And
shall
also
lose
the
Benefit
of
his
Clergy
and
Sanctuary
.
Clergy
.
§
11.
N.
1.
And
also
be
it
further
Enacted
by
the
Authority
aforesaid
,
Imprisonment
.
that
if
any
person
or
persons
which
at
any
time
after
the
same
day
shall
be
spoken
unto
,
moved
or
stirred
to
make
any
Commotion
,
Insurrection
or
unlawful
Assembly
for
any
of
the
intents
above
mentioned
,
and
do
not
within
twenty
four
hours
next
after
he
or
they
shall
be
so
spoken
unto
,
moved
or
stirred
,
unless
he
shall
have
a
good
and
reasonable
cause
of
excuse
,
declare
the
same
to
one
Iustice
of
Peace
or
Sheriff
of
the
said
County
,
or
to
the
Mayor
,
Sheriffs
,
Bailiff
or
Bailiffs
or
other
head-Officer
of
any
City
or
Town-Corporate
where
such
speaking
,
motion
or
stirring
shall
be
had
,
shall
suffer
Imprisonment
until
he
shall
be
discharged
by
three
Iustices
of
Peace
of
the
same
Shire
where
the
Offence
shall
be
,
whereof
one
of
the
said
Iustices
shall
be
of
the
Quorum
,
1
Mar.
1.
Stat.
2.
Cap.
12.
§
11.
N.
1.
§
12.
N.
1.
And
it
is
Ordained
and
Enacted
by
the
Authority
abovesaid
,
Imprisonment
.
that
if
any
person
or
persons
being
above
the
age
of
eighteen
years
and
under
the
age
of
forty
years
,
being
able
to
serve
and
not
sick
,
lame
or
impotent
,
shall
be
required
by
any
Iustice
of
the
Peace
,
or
any
Sheriff
of
any
County
where
any
such
Assembly
shall
be
,
or
by
any
Mayor
,
Bailiff
or
other
Head-Officer
of
any
City
,
Borough
or
Town-Corporate
,
or
by
any
other
by
the
Commandment
of
any
such
Iustice
of
Peace
,
Sheriff
,
Mayor
,
Bailiff
or
other
Head-Officer
to
go
with
him
or
them
to
suppress
the
persons
unlawfully
assembled
in
manner
and
form
aforesaid
,
that
then
every
person
so
being
able
and
required
,
do
willingly
and
obstinately
refuse
so
to
do
,
shall
suffer
Imprisonment
of
his
Body
for
one
year
without
Bail
or
Mainprize
,
1
Mar.
1.
Stat.
2.
Cap.
12.
§
12.
N.
1.
§
12.
N.
2.
And
make
Fine
and
Ransom
,
at
the
Kings
Will
and
Pleasure
.
Amercements
.
§
13.
N.
1.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
that
if
the
King
shall
by
his
Letters
Patents
make
any
Lieutenant
in
any
Countiy
or
Counties
of
this
Realm
for
the
suppressing
of
any
Commotion
,
Rebellion
or
unlawful
Assembly
,
War
.
that
then
all
Iustices
of
Peace
of
every
such
County
,
and
the
Sheriffs
and
Sheriff
of
the
same
,
as
all
Mayors
,
Bailiffs
and
other
Head-Officers
,
and
all
Inhabitants
and
Subjects
of
any
County
,
City
,
Borough
or
Town-Corporate
within
every
such
County
,
shall
upon
the
Declaration
of
the
said
Letters
Patents
and
Request
made
,
be
bound
to
give
attendance
upon
the
same
Lieutenant
,
to
suppress
any
Commotion
,
Rebellion
or
unlawful
Assembly
,
unless
he
or
they
being
so
required
have
any
reasonable
excuse
for
his
not
attendance
,
upon
pain
of
Imprisonment
of
one
whole
year
,
1
Mar.
1.
St.
2.
Cap.
12.
§
13.
N.
1.
§
14.
N.
1.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
Notice
.
that
the
Order
and
Form
of
the
Proclamations
that
shall
be
made
by
the
Authority
of
this
Act
,
shall
be
as
hereafter
followeth
,
or
with
the
like
order
and
words
in
effect
,
that
is
to
say
,
the
Iustice
or
other
person
Authorized
by
this
Act
to
make
the
said
Proclamation
,
shall
make
or
cause
to
be
made
in
Oyes
,
and
after
that
shall
openly
pronounce
or
cause
to
be
pronounced
,
these
words
or
the
like
in
effect
,
1
Mar.
1.
St.
2.
Cap.
12.
§
14.
N.
1.
Peace
.
The
King
our
Soveraign
Lord
,
§
14.
N.
2.
chargeth
and
commandeth
all
persons
being
assembled
,
immediately
to
disperse
themselves
,
and
peaceably
to
depart
to
their
Habitations
,
or
to
their
lawful
Business
,
upon
the
Pains
contained
in
the
Act
lately
made
against
unlawful
and
rebellious
Assemblies
,
and
God
save
the
King
,
1
Mar.
1.
St.
2.
Cap.
12.
§
14.
N.
1.
Forfeiture
.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
§
15.
N.
1.
that
if
any
person
or
persons
do
or
shall
molest
let
,
hinder
or
hurt
any
person
or
persons
that
shall
proclaim
or
go
to
proclaim
,
according
to
the
Proclamation
and
Order
made
in
the
Statute
aforesaid
,
whereby
such
Proclamation
shall
not
be
made
,
that
then
all
and
every
such
person
and
persons
so
molesting
,
letting
,
hindring
or
hurting
,
and
all
and
every
such
person
and
persons
,
Offender
or
Offenders
to
whom
any
such
Proclamation
or
Proclamations
should
or
ought
to
be
made
to
the
intent
aforesaid
,
shall
incur
and
be
in
like
Danger
,
and
suffer
like
Pain
or
Pains
and
Forfeitures
as
aforesaid
,
in
every
of
their
Degrees
,
as
though
the
Proclamation
had
been
made
,
any
Clause
,
Article
or
Sentence
heretofore
in
this
Act
included
made
to
the
contrary
notwithstanding
,
1
Mar.
1.
St.
2.
Cap.
12.
§
15.
N.
1.
Days
.
And
be
it
Enacted
by
the
Authority
aforesaid
,
§
15.
N.
2.
that
this
Act
shall
be
openly
read
at
every
Quarter
Sessions
,
1
Mar.
1.
St.
2.
Cap.
12.
§
16.
N.
1.
Franchise
.
Saving
to
the
Bishop
of
Durham
,
and
Bishop
of
Ely
,
§
15.
N.
3.
and
all
other
that
have
Charter
of
the
County
Palatine
,
and
to
their
Successors
the
year
,
day
and
waste
,
in
such
sort
as
by
the
said
Charter
they
had
or
ought
to
have
had
the
same
,
if
this
Act
had
never
been
had
ne
made
,
this
Act
or
any
thing
therein
contained
to
the
contrary
notwithstanding
,
1
Mar.
1.
St.
2.
Cap.
12.
§
17.
N.
1.
Forfeiture
.
Saving
also
to
all
and
every
person
and
persons
and
Heirs
in
Tail
,
Bodies
Politick
and
Corporate
their
Heirs
,
§
15
N.
4.
Successors
and
Executors
and
to
every
of
them
,
other
than
to
such
person
and
persons
only
as
shall
be
attainted
,
convicted
or
outlawed
for
any
of
the
aforesaid
Offences
of
Felony
or
Treason
,
and
their
Heirs
or
the
Heirs
of
any
of
them
claiming
by
descent
in
Fee-simple
from
them
or
any
of
them
,
all
such
Right
,
Title
,
Entry
,
Interest
,
Leases
,
Possessions
,
Rents
,
Conditions
,
Profits
,
Commodities
and
Advantages
,
as
they
or
any
of
them
hath
,
or
hereafter
shall
have
or
of
right
ought
to
have
,
in
or
to
any
Honours
,
Castles
,
Mannors
,
Lands
,
Tenements
,
Woods
,
Rents
,
Reversions
,
Services
or
Hereditaments
whatsoever
,
or
in
or
to
any
part
or
parcel
thereof
,
to
be
forfeited
for
any
of
the
Offences
aforesaid
,
as
if
such
attainder
or
Forfeiture
had
never
been
had
ne
made
,
any
thing
in
this
Act
to
the
contrary
in
any
wise
notwithstanding
.
Corporation
.
And
Saving
to
every
Body
and
Bodies
Politick
and
Corporate
,
§
15.
N.
5.
and
their
Successors
,
their
Liberties
and
Franchises
in
such
manner
and
form
,
as
if
this
Act
had
never
been
had
ne
made
,
1
Mar.
1.
St.
2.
Cap.
12.
§
18.
N.
1.
Days
.
This
Act
to
continue
to
the
end
of
the
next
Parliament
,
1
Mar.
1.
St.
2.
§
15.
N.
6.
Cap.
12.
§
23.
N.
1.
Pope
.
And
for
better
Execution
of
the
same
Act
,
C.
10.
§
4.
N.
1.
(
viz.
of
destroying
Popish
Books
and
Images
)
be
it
Enacted
,
&c.
that
as
well
Iustices
of
Assize
in
their
Circuits
,
as
Iustices
of
Peace
within
the
limits
of
their
Commission
in
the
general
Sessions
,
shall
have
full
Power
and
Authority
to
inquire
of
the
Offences
aforesaid
,
and
to
hear
and
determin
the
same
in
such
form
as
they
may
do
in
other
such
like
Cases
Religion
.
And
,
&c.
it
is
now
further
Enacted
,
that
if
any
person
,
&c.
shall
,
5
&
6
Ed.
6.
C.
1.
§
6.
N.
1.
&c.
willingly
or
wittingly
,
hear
and
be
present
at
any
other
manner
or
form
of
Common-prayer
or
Administration
of
the
Sacraments
,
of
making
of
Ministers
in
the
Churches
,
or
of
any
other
Rights
contained
in
that
Book
anexed
to
this
Act
(
viz.
3
&
4
Ed.
6.
Cap.
12.
)
than
is
mentioned
and
set
forth
in
the
said
Book
,
or
is
contrary
to
the
form
of
sundry
Provisions
,
&c.
2
&
3
Ed.
6.
Cap.
1.
)
and
shall
be
thereof
convicted
according
to
the
Laws
of
this
Realm
,
before
,
&c.
Iustices
of
Peace
in
their
Sessions
,
&c
by
the
Verdict
of
twelve
men
,
or
by
his
or
their
own
Confession
or
otherwise
,
shall
for
the
first
Offence
suffer
Imprisonment
of
six
Months
,
&c.
C.
4.
§
3.
N.
1.
And
also
it
is
Enacted
,
&c.
that
if
any
person
,
Church
.
&c.
shall
malitiously
strike
any
Person
with
any
Weapon
,
in
any
Church
or
Church-Yard
,
or
,
&c.
shall
draw
any
Weapon
in
any
Church
or
Church-Yard
to
the
intent
to
strike
another
with
the
same
Weapon
,
that
then
every
such
person
so
offending
and
thereof
being
convicted
by
verdict
of
twelve
men
,
or
by
his
own
confession
,
or
by
two
lawful
Witnesses
before
the
Iustices
of
Assize
,
Iustices
of
Oyer
and
Terminer
,
or
Iustices
of
Peace
in
their
Sessions
,
by
force
of
this
Act
shall
be
adjudged
by
the
same
Iustices
before
whom
such
person
shall
be
convicted
,
to
have
one
of
his
Ears
cut
off
.
C.
14.
§
10.
N.
1.
Be
it
also
further
Enacted
&c.
that
the
Iustices
of
Peace
in
every
County
within
this
Realm
,
or
Wales
at
their
Quarter
Sessions
,
Market
Overt
.
shall
have
full
Power
,
&c.
to
inquire
,
hear
and
determin
,
all
and
every
the
Defaults
and
Offences
perpetrated
,
&c.
contrary
to
this
Act
,
(
viz.
of
Forestalling
,
Regrating
,
&c.
)
within
the
County
where
any
such
Sessions
shall
be
kept
,
by
Inquisition
,
Presentment
,
Bill
or
Information
before
them
exhibited
,
and
by
Examination
of
two
lawful
Witnesses
,
or
by
any
of
the
same
ways
or
means
by
the
discretion
of
the
said
Iustices
.
§.
10.
N.
2.
And
to
make
Process
thereupon
as
though
they
were
Indicted
before
them
,
Process
.
by
Inquisition
or
by
Verdict
of
twelve
men
or
more
.
§
10.
N.
3.
And
upon
the
Conviction
of
the
Offender
by
Information
or
Suit
of
any
other
than
the
King
,
Execution
.
to
make
Extracts
of
the
one
Moity
of
the
Forfeitures
to
be
levyed
to
the
Kings
Vse
,
as
they
use
to
do
of
other
Fines
,
Issues
and
Amercements
grown
in
the
Sessions
of
the
Peace
.
§
10.
N.
4.
And
to
award
Execution
of
the
other
Moity
for
the
Complainant
or
Informer
against
the
Offender
by
Fieri
fa.
or
Capias
as
the
Kings
Iustices
at
Westminster
may
do
and
use
to
do
.
Forfeiture
.
§
10.
N.
5.
And
if
any
such
Conviction
or
Attainder
shall
hereafter
happen
to
be
at
the
Kings
Suit
only
that
then
the
whole
Forfeitures
to
be
extracted
and
levyed
to
the
Kings
use
only
.
Indictment
.
§
17
N.
1.
Provided
always
that
such
Licence
of
Iustices
of
Peace
,
Licence
.
(
viz.
of
Drover
,
&c.
)
shall
not
endure
above
one
year
,
unless
the
same
be
yearly
renewed
by
so
many
Iustices
,
Viz.
three
at
the
least
-
C.
21.
§
1.
N.
3.
And
that
,
(
viz.
Tinkers
,
Pedlers
,
&c.
by
Licence
only
to
sell
,
Market
Overt
.
&c.
)
in
such
Circuit
or
Compass
as
shall
be
to
him
,
&c.
assigned
by
two
Iustices
of
the
Peace
or
more
of
the
Shire
where
he
or
they
shall
dwell
,
by
Writing
under
their
Hands
and
Seals
,
1
Jac.
25.
§
42.
N.
1.
§
1.
N.
4.
Vpon
Pain
that
every
person
which
shall
offend
,
Poor
.
&c.
shall
by
any
Iustice
of
Peace
where
the
same
shall
be
committed
upon
Complaint
and
due
Proof
had
by
Witness
or
otherwise
,
be
imprisoned
by
the
space
of
fourteen
days
at
the
least
.
C.
24.
§
5.
N.
1.
And
be
it
further
Enacted
,
&c.
that
if
the
Mayor
,
Recorder
,
Drapery
.
Steward
or
(
viz.
two
)
Iustices
of
the
Peace
of
the
said
City
(
viz.
Norwich
)
for
the
time
being
,
or
any
of
them
,
shall
take
any
Sum
of
Mony
or
Reward
for
admitting
of
any
person
to
occupy
or
use
any
of
the
Arts
or
Mysteries
,
&c.
(
viz.
of
making
Thrummed
Hats
,
Dornicks
or
Coverletts
)
that
for
every
such
Time
and
every
such
Case
,
the
person
so
offending
shall
forfeit
five
Pounds
,
&c.
Cap.
25.
It
is
therefore
Enacted
,
&c
(
viz.
for
Increase
of
Disorders
,
Ale
,
&c.
)
that
the
Iustices
of
Peace
within
every
Shire
,
City
,
Borough
,
Town-Corporate
Franchise
or
Liberty
within
this
Realm
or
two
of
them
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
,
&c.
within
every
Shire
,
&c.
where
they
be
Iustices
of
Peace
to
remove
,
discharge
and
put
away
common
selling
of
Ale
and
Beer
in
the
said
common
Ale
houses
and
Tipling-houses
in
such
Town
,
&c.
and
Places
where
they
shall
think
meet
and
convenient
.
Licence
.
And
that
none
,
§
1.
N.
3.
&c.
shall
be
admitted
or
suffered
to
keep
any
common
Ale-house
or
Tipling-house
,
but
such
as
shall
be
thereunto
admitted
and
allowed
in
the
open
Sessions
of
the
Peace
,
or
else
by
two
Iustices
of
the
Peace
whereof
ene
to
be
of
the
Quorum
.
Recognizance
.
And
that
the
said
Iustices
of
the
Peace
or
two
of
them
,
§
1.
N.
4.
whereof
one
to
be
of
the
Quorum
,
shall
take
Band
and
Surety
from
time
to
time
by
Recognizance
,
of
such
as
shall
be
admitted
and
allowed
hereafter
to
keep
any
common
Ale-house
or
Tipling-house
,
as
well
for
and
against
the
using
of
unlawful
Games
,
as
also
for
the
using
and
maintenance
of
good
Order
and
Rule
to
be
had
and
used
within
the
same
,
as
by
their
discretion
shall
be
thought
necessary
and
convenient
.
Certificate
.
And
the
said
Iustices
shall
certify
the
same
Recognizance
at
the
next
Quarter
Sessions
of
the
Peace
to
be
holden
within
the
same
Shire
,
§
2.
N.
1.
&c.
where
such
Ale-house
or
Tipling-house
shall
be
.
Records
.
The
same
Recognizance
there
to
remain
of
Record
before
the
Iustices
of
Peace
of
that
Shire
,
§
2.
N.
2.
&c
Forfeiture
.
Vpon
pain
of
Forfeiture
to
the
King
for
every
such
Recognizance
taken
and
not
certified
,
three
pounds
six
shillings
and
eight
pence
.
§
2.
N.
3
Justices
.
And
it
is
further
Enacted
,
&c.
that
the
Iustices
of
Peace
of
every
Shire
,
§
3.
N.
1.
&c.
where
such
Recognizance
shall
be
taken
,
shall
have
Power
,
&c.
in
their
Quarter
Sessions
of
the
Peace
,
by
Presentment
,
Information
or
otherwise
by
their
discretion
to
enquire
of
all
such
persons
as
shall
be
admitted
and
allowed
to
keep
any
Ale-house
or
Tipling-house
,
and
that
be
bound
by
Recognizance
,
&c.
if
they
or
any
of
them
have
done
any
act
or
acts
whereby
they
or
any
of
them
have
forfeited
the
same
Recognizance
.
Process
.
And
the
said
Iustices
of
every
Shire
and
Places
where
they
be
Iustices
,
shall
upon
every
such
Presentment
or
Information
,
§
3.
N.
2.
award
Process
against
every
such
person
so
presented
or
complained
upon
before
them
,
to
shew
why
he
should
not
forfeit
his
Recognizance
,
Justices
.
And
shall
have
Power
,
§
3.
N.
3
&c.
to
hear
and
determin
the
same
by
all
ways
and
means
as
by
their
discretion
shall
be
thought
good
.
Imprisonment
.
And
it
is
further
Enacted
,
&c.
that
if
any
person
,
§
4.
N.
1.
&c.
other
than
such
as
shall
be
hereafter
admitted
or
allowed
by
the
said
Iustices
,
shall
,
&c.
obstinately
and
upon
his
own
Authority
take
upon
him
,
&c.
to
keep
a
common
Ale-house
,
&c.
or
shall
contrary
to
the
Commandment
of
the
said
Iustices
or
two
of
them
,
use
commonly
selling
of
Ale
and
Beer
,
that
then
the
said
Iustices
of
Peace
or
two
of
them
,
whereof
one
to
be
of
the
Quorum
,
shall
for
every
such
Offence
commit
every
such
person
,
&c.
to
the
Common-Goal
,
&c.
there
to
remain
without
Bail
or
Mainprize
by
the
space
of
three
days
,
3
Car.
1.
Cap.
3.
(4)
§
1.
N.
6.
Certificate
.
And
the
said
Iustices
shall
make
Certificate
of
every
such
Recognizance
and
Offence
at
the
next
Quarter
Sessions
,
§
5.
N.
1.
&c.
where
the
same
shall
be
committed
or
done
.
Process
.
Which
Certificate
shall
be
a
sufficient
Conviction
in
Law
of
the
same
Offence
.
§
5.
N.
2.
Execution
.
And
the
said
Iustices
of
Peace
upon
the
said
Certificate
made
,
§
5.
N.
3
shall
in
open
Sessions
assess
the
Fine
for
every
such
Offence
at
twenty
shillings
.
Wine
.
Nor
that
it
shall
be
lawful
to
any
person
,
&c.
to
keep
any
Tavern
,
7
Ed.
6.
C.
5.
§
3.
N.
1.
or
to
sell
or
utter
any
Wine
by
Retayl
,
&c.
in
any
City
,
Borough
,
Port
,
Town
or
Market-Town
not
Corporate
,
within
the
Realm
of
England
or
Wales
,
or
in
the
said
Towns
of
Gravesend
,
Sittingborn
or
Bagshot
,
but
only
such
person
,
&c.
as
thereto
shall
be
assigned
,
&c.
by
all
or
most
part
of
the
Iustices
of
Peace
for
the
time
being
of
such
Shire
or
County
where
such
Tavern
or
selling
of
Wine
by
Retayl
shall
be
had
or
allowed
,
as
shall
be
present
at
the
general
Sessions
for
the
time
being
to
be
holden
in
every
of
the
said
Shires
or
Counties
,
12
Car.
2.
Cap.
25.
§
3.
N.
7.
The
said
Assignment
,
Licence
.
&c.
to
be
had
and
made
in
full
Session
by
writing
under
the
several
Seals
of
every
of
the
said
Iustices
,
and
to
be
continued
,
altered
or
changed
,
&c.
(
viz.
at
the
pleasure
of
the
Majority
.
§
6.
N.
1.
And
it
is
further
Enacted
,
Justices
.
&c.
that
the
Iustices
of
Peace
of
every
Shire
or
County
City
and
Town-Corporate
in
their
several
Sessions
,
and
the
Stewards
in
every
Leet
,
and
the
Sheriff
in
his
Turn
,
and
every
Escheator
shall
have
full
Power
,
&c.
to
inquire
by
the
Oaths
of
twelve
men
,
of
all
and
every
Offence
and
Offences
perpetrated
or
done
,
contrary
to
the
form
of
this
Act.
C.
11.
§
11.
N.
4.
And
be
it
further
Enacted
,
Coron.
&c.
(
viz.
because
good
and
beneficial
)
that
all
&c.
the
said
several
Acts
,
&c.
(
viz.
3
&
4
Ed.
6.
5.
Of
Riots
,
&c.
)
and
all
Clauses
,
&c.
shall
be
revived
,
&c.
untill
the
last
day
of
the
next
Parliament
.
1
Mar.
1.
St.
2.
C.
3.
§
5.
N.
2.
And
that
the
said
Iustice
of
Peace
(
viz.
before
whom
any
is
brought
for
disturbing
Preacher
,
Religion
.
breaking
Altar
&c.
)
upon
due
Examination
thereupon
had
and
made
by
the
Apprehendor
,
&c.
or
other
person
,
&c.
of
any
of
the
said
persons
,
&c.
)
so
offending
,
forthwith
shall
commit
the
said
person
,
&c.
so
apprehended
to
safe
keeping
,
&c.
as
by
the
discretion
of
the
said
Iustice
shall
be
thought
most
meet
and
convenient
.
§
5.
N.
3.
And
that
within
six
days
next
and
immediately
after
the
said
Accusation
so
had
and
made
to
the
said
Iustice
,
Process
.
the
said
Iustice
with
one
other
Iustice
of
the
said
Shire
,
City
,
Borough
,
Liberty
or
Town-Corporate
,
shall
diligently
examin
the
act
or
acts
offence
or
offences
aforesaid
.
Cap.
8.
Where
in
one
Act
of
Parliament
,
&c.
(
viz.
1
Ed.
6.
7.
§
4.
N.
1.
Dignity
.
)
It
is
Ordained
,
&c.
that
albeit
any
person
or
persons
being
Iustice
of
Assize
,
Iustice
of
Goal-delivery
or
Iustice
of
Peace
within
any
of
the
Kings
Dominions
,
or
being
in
any
other
of
the
Kings
Commissions
whatsoever
,
shall
fortune
to
be
made
Duke
,
Arch-Bishop
,
Marquis
,
Earl
,
Viscount
,
Baron
,
Bishop
,
Knight
,
Iustice
of
the
one
Bench
or
of
the
other
,
or
Serjeant
at
the
Law
,
or
Sheriff
,
yet
that
notwithstanding
he
and
they
should
remain
Iustice
and
Commissioner
,
and
have
full
Power
and
Authority
to
execute
the
same
,
in
like
manner
and
form
as
he
or
they
might
and
ought
to
have
done
before
the
same
,
as
in
the
said
Act
more
plainly
appeareth
,
§
1
N.
2.
Sithence
the
making
of
which
Act
,
(
viz.
1
Ed.
6.
7.
§
4.
N.
1.
Sheriffs
.
)
divers
persons
being
in
the
Commission
of
the
Peace
in
one
County
,
have
been
made
Sheriffs
of
the
same
County
,
and
have
exercised
either
of
the
said
Offices
,
which
seemeth
not
to
be
convenient
.
§
2.
N.
1.
Wherefore
be
it
Enacted
;
Abatement
.
&c.
that
no
manner
of
person
or
persons
having
,
using
or
exercising
the
Office
of
the
Sheriff
of
any
County
or
Counties
,
shall
use
or
exercise
the
Office
of
Iustice
of
Peace
by
force
of
any
Commission
or
otherwise
,
in
any
County
or
Counties
where
he
or
they
shall
be
Sheriff
,
during
the
time
only
that
he
or
they
shall
use
or
exercise
the
said
Office
of
Sheriff-wick
,
any
thing
in
the
said
former
Act
(
viz.
1
Ed.
6.
7.
§
4.
N.
1.
)
to
the
contrary
in
any
wise
notwithstanding
.
§
2.
N.
2.
And
that
all
and
every
act
and
acts
to
be
done
by
any
such
Sheriff
and
Sheriffs
,
Sheriff
.
by
Authority
of
any
Commission
of
the
Peace
during
the
time
abovesaid
,
shall
be
void
and
of
none
effect
,
the
said
former
Act
(
viz.
1
Ed.
6.
7.
§
4.
N.
1.
)
notwithstanding
.
Cap.
12.
Forasmuch
as
it
is
most
necessary
in
a
Common-wealth
to
provide
that
Tranquility
and
Peace
may
be
continued
in
the
Realm
,
Peace
.
and
that
all
things
being
contrary
thereunto
may
by
foresight
be
eschued
,
3
&
4
Ed.
6.
5.
§
1.
N.
2.
Therefore
it
is
Ordained
and
Enacted
,
Riot
.
&c.
that
if
any
persons
to
the
number
of
twelve
or
above
,
being
assembled
together
at
any
time
after
the
twentieth
day
of
December
next
coming
,
shall
intend
,
go
about
,
practice
or
put
in
ure
,
with
force
of
Arms
unlawfully
and
of
their
own
Authority
,
to
alter
or
change
any
Laws
made
or
established
by
Authority
of
Parliament
,
which
shall
stand
in
force
after
the
said
twentieth
day
of
December
,
or
any
other
Laws
or
Statutes
of
this
Realm
or
any
of
them
,
the
same
number
of
twelve
or
above
being
commanded
or
requested
by
the
Sheriff
of
the
Shire
,
or
by
any
Iustice
of
Peace
of
the
same
Shire
,
or
by
the
Mayor
,
Sheriff
,
Iustices
of
Peace
or
Bailiff
of
any
City
,
Borough
or
Town-Corporate
where
any
such
Assembly
shall
be
unlawfully
had
or
made
,
by
Proclamation
in
the
Queens
Name
,
to
retire
and
repair
to
their
own
Houses
,
Habitations
or
Places
from
whence
they
came
,
and
they
or
any
of
them
notwithstanding
such
Proclamation
shall
remain
and
make
their
abode
,
or
commune
together
by
the
space
of
one
whole
hour
after
such
Commandment
or
Request
made
by
Proclamation
,
or
after
that
shall
willingly
in
forcible
and
riotous
manner
attempt
to
do
or
put
in
ure
any
of
the
things
above
specified
,
that
then
as
well
every
such
abode
or
continuing
together
,
as
every
such
act
or
offence
that
after
such
Commandment
or
Request
by
Proclamation
had
or
made
shall
be
attempted
to
be
done
,
practised
or
put
in
ure
by
any
persons
being
of
the
number
aforesaid
,
shall
be
adjudged
Felony
in
all
and
singular
those
persons
that
so
shall
make
their
abode
or
continue
together
,
or
shall
attempt
or
commit
any
such
act
,
and
the
Offenders
therein
to
be
adjudged
Felons
,
and
shall
suffer
only
execution
of
Death
,
as
in
Case
of
Felony
,
3
&
4
Ed.
6.
5.
§
1.
N.
2.
Coron.
And
furthermore
it
is
Enacted
,
§
2.
N.
1.
Ordained
and
Established
by
Authority
aforesaid
,
that
if
any
persons
to
the
said
number
of
twelve
or
above
after
the
said
twentieth
day
of
December
shall
intend
,
go
about
,
practice
or
put
in
ure
in
manner
and
form
aforesaid
,
to
overthrow
,
cut
,
break
,
cast
down
or
dig
up
the
Pales
,
Hedges
,
Ditches
or
other
Inclosure
of
any
Parks
,
Park
or
other
Ground
or
Grounds
inclosed
,
or
the
Banks
of
any
Fish-Pond
or
Pool
,
or
any
Conduits
of
water
,
Conduit-heads
or
Conduit-pipes
having
course
of
water
,
to
the
intent
that
the
same
or
any
of
them
from
henceforth
should
remain
open
and
unclosed
or
void
,
or
unlawfully
to
have
Common
or
Way
in
the
said
Parks
or
Park
,
or
other
Grounds
or
Ground
inclosed
or
any
of
them
,
or
to
destroy
in
manner
and
form
aforesaid
,
the
Deer
of
any
manner
of
Parks
or
Park
,
or
any
Warrens
or
Warren
of
Conies
,
or
any
Dove-houses
,
or
any
Fish
in
any
Fish-Pond
or
Pool
,
or
to
pull
or
cut
down
any
Houses
,
Barns
,
Mills
or
Bays
,
or
to
burn
any
Stacks
of
Corn
or
Grain
,
or
to
abate
,
defalk
or
diminish
the
Rents
or
yearly
Value
of
any
Mannors
,
Lands
or
Tenements
or
the
Price
of
any
Victual
,
Corn
or
Grain
,
or
any
other
thing
usual
for
the
Sustenance
of
Men
,
and
being
required
or
commanded
by
any
Iustice
of
Peace
,
or
by
the
Sheriff
of
the
County
,
or
by
the
Mayor
,
Bailiff
or
Bailiffs
,
or
other
Head-Officers
of
any
City
or
Town-Corporate
where
such
Assembly
shall
be
had
,
by
Proclamation
to
be
made
in
the
Queens
Name
,
to
retire
or
return
in
Peaceable
manner
to
their
Habitations
,
Places
and
Houses
from
whence
they
came
,
and
they
or
any
of
them
notwithstanding
such
Proclamation
shall
remain
,
or
make
their
abode
or
continuance
together
by
the
space
of
one
whole
hour
after
such
Commandment
or
Request
made
by
Proclamation
,
or
after
that
shall
in
forcible
manner
do
or
put
in
ure
any
of
the
things
last
before
mentioned
,
that
then
as
well
every
such
abode
and
continuing
together
,
as
every
such
act
that
after
such
Commandment
or
Request
by
Proclamation
had
or
made
shall
be
done
,
practised
or
put
in
ure
,
by
any
persons
being
above
the
number
of
twelve
,
shall
be
adjudged
Felony
,
and
the
Offenders
therein
to
be
adjudged
Felons
,
and
shall
suffer
only
the
Execution
of
Death
as
in
Case
of
Felony
,
3
&
4
Ed.
6.
5.
§
2.
N.
1.
&c.
Notice
.
Provided
always
and
be
it
Enacted
,
&c.
that
if
any
person
or
persons
,
§
15.
N.
1.
do
or
shall
molest
,
let
,
hinder
or
hurt
any
person
or
persons
that
shall
proclaim
or
go
to
proclaim
,
according
to
the
Proclamation
and
Order
made
in
the
Statute
aforesaid
,
whereby
such
Proclamation
shall
not
be
made
,
that
then
all
and
every
such
person
and
persons
so
molesting
,
letting
,
hindring
or
hurting
,
and
having
knowledge
of
his
Message
,
shall
incur
and
be
in
such
Danger
,
and
suffer
such
Pain
or
Pains
and
Forfeitures
,
as
the
persons
assembled
to
whom
the
Proclamation
should
have
been
made
,
should
by
this
Act
incur
for
not
obeying
the
Proclamation
if
it
had
been
made
,
or
for
doing
after
the
Proclamation
of
any
the
things
before
in
this
Act
expressed
,
3
&
4
Ed.
6.
5.
§
15.
N.
1.
§
15.
N.
2.
And
that
also
all
and
every
such
person
and
persons
being
assembled
to
the
number
aforesaid
,
to
attempt
or
do
any
of
the
things
aforesaid
,
Forfeiture
.
to
whom
Proclamation
should
or
ought
to
have
been
made
if
the
same
had
not
been
setted
as
is
aforesaid
,
shall
likewise
in
case
they
do
afterwards
commit
,
put
in
ure
and
do
any
of
the
things
aforesaid
,
having
any
manner
of
ways
knowledge
of
the
let
so
made
,
or
by
any
means
procuring
the
same
let
,
incur
and
be
in
danger
,
and
suffer
like
Pain
or
Pains
and
Forfeitures
aforesaid
,
in
every
their
degrees
as
though
the
Proclamation
had
been
made
,
any
Clause
,
Article
or
Sentence
heretofore
in
this
Act
encluded
,
made
to
the
contrary
notwithstanding
.
§
17.
N.
1.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
Heir
.
that
all
and
every
the
Heir
and
Heirs
of
all
and
every
the
Offender
and
Offenders
in
any
the
Cases
aforesaid
,
and
all
and
every
person
and
persons
,
Bodies
Politick
and
Corporate
,
their
Heirs
,
Successors
and
Executors
and
every
of
them
,
other
than
such
person
and
persons
only
as
shall
be
attainted
,
convicted
or
outlawed
of
any
the
aforesaid
Offences
of
Felony
,
shall
have
,
hold
and
enjoy
all
such
Right
,
Title
,
Entry
,
Interest
,
Leases
,
Possession
,
Rents
,
Conditions
,
Profits
,
Commodities
and
Advantages
,
as
they
or
any
of
them
have
,
or
hereafter
shall
have
,
or
of
right
ought
to
have
in
or
to
any
Honors
,
Castles
,
Mannors
,
Lands
,
Tenements
,
Woods
,
Rents
,
Reversions
,
Services
or
Hereditaments
whatsoever
,
in
or
to
any
part
or
parcel
thereof
,
in
as
large
and
ample
manner
and
form
,
to
all
Intents
,
Constructions
and
Purposes
,
as
if
such
Attainder
had
been
had
ne
made
,
any
thing
in
this
Act
to
the
contrary
,
in
any
wise
notwithstanding
.
§
21.
N.
1.
And
be
it
further
Enacted
by
the
said
Authority
,
War
.
that
no
Lieutenant
or
Lieutenants
that
shall
be
appointed
or
made
by
Authority
or
Colour
of
this
Act
,
or
for
to
execute
this
Act
,
shall
in
any
wise
make
,
put
or
constitute
under
him
or
them
,
or
in
his
or
their
place
any
Deputy
or
Deputies
,
nor
shall
call
convent
or
appoint
to
appear
before
him
or
them
by
the
only
Authority
of
Lieutenancy
,
or
of
Commission
of
Lieutenancy
,
any
person
or
persons
for
any
Cause
or
Matter
whatsoever
,
save
only
for
the
Causes
and
Matters
expressed
in
this
present
Act
,
and
for
none
other
.
§
22.
N.
1.
And
that
no
person
or
persons
shall
be
put
to
any
Loss
,
Forfeiture
,
Accessary
.
Pain
or
Punishment
of
Life
,
Lands
or
Goods
as
Accessary
to
any
person
or
persons
that
shall
commit
any
of
the
Offences
contained
in
this
present
Act
,
for
receiving
,
comforting
or
aiding
of
any
such
Offender
after
such
Act
committed
or
done
.
§
22.
N.
2.
And
that
no
Attainder
or
Conviction
of
any
person
or
persons
,
Heir
.
for
any
Offence
or
Offences
herein
contained
,
shall
be
any
manner
of
Corruption
of
Blood
between
the
Offender
and
any
of
his
Ancesters
,
or
such
person
and
persons
as
should
have
been
Heir
to
such
Offender
,
if
no
such
Attainder
or
Conviction
had
been
had
.
§
22.
N.
3.
Saving
to
all
and
every
Person
and
Persons
,
Franchise
.
Body
and
Bodies
Politick
and
Corporate
and
their
Successors
,
their
Liberties
and
Franchises
,
in
such
manner
and
form
as
if
this
Act
had
never
been
had
ne
made
.
§
23.
N.
1.
And
be
it
further
Enacted
by
the
said
Authority
,
that
one
Act
,
(
viz.
3
&
4
Ed.
6.
5.
)
&c.
and
all
and
every
Branch
,
Clause
,
Sentence
and
Article
therein
contained
,
shall
be
from
the
twentieth
day
of
December
next
coming
utterly
void
and
of
no
force
,
to
all
Intents
,
Constructions
and
Purposes
.
§
23.
N.
2.
And
this
Act
only
to
be
put
in
Execution
for
and
concerning
the
Offences
mentioned
in
the
said
former
Act
,
(
viz.
3
&
4
Ed.
6.
5.
)
§
23.
N.
3.
This
Act
to
continue
unto
the
end
of
the
next
Parliament
,
1
Mar.
1.
Days
.
St.
2.
Cap.
12.
&
1
Eliz.
16.
Statuta
Ph.
&
Mar.
Riot
.
BE
it
therefore
Enacted
,
&c.
(
viz.
because
good
and
beneficial
)
that
all
,
1
Mar.
1.
St.
3.
C.
12.
§
12.
N.
2.
&c.
the
said
several
Acts
,
&c.
(
viz.
1
Mar
1.
St.
2.
Cap.
12.
&c.
)
and
all
Clauses
,
&c.
shall
be
revived
,
&c.
until
the
last
day
of
the
next
Parliament
,
1
&
2
Phil.
&
Mar.
Cap.
16.
§
1.
N.
15
Slander
.
And
be
it
also
Enacted
,
&c.
that
all
Iustices
of
Over
and
Terminer
,
1
&
2
Ph.
&
Mar.
Cap.
3.
§
7.
N.
1.
&c.
Iustices
of
Assize
,
&c.
Iustices
of
Goal-delivery
and
Iustices
of
Peace
,
as
well
within
the
Liberties
as
without
,
within
the
limits
of
their
several
Commissions
in
their
several
Sessions
or
other
Sessions
which
they
or
two
of
them
,
whereof
one
of
them
to
be
of
the
Quorum
,
may
and
shall
appoint
at
their
pleasure
where
and
when
need
shall
require
,
and
shall
by
vertue
hereof
have
full
Power
,
&c.
to
inquire
,
hear
and
determin
all
and
every
the
Offences
,
&c.
(
viz.
of
false
News
)
aforesaid
,
as
in
Cases
of
Tryal
of
Felony
.
Corn.
And
for
the
better
Execution
of
this
Act
,
C.
5.
§
6.
N.
1.
(
viz.
against
Transporting
Wheat
,
Barly
,
Rye
or
other
Corn
,
Mault
,
Beer
,
Butter
,
Cheese
,
Herring
,
Victual
or
Wood
,
&c.
be
it
further
Enacted
,
&c.
that
all
and
singular
Iustices
of
the
Peace
as
well
within
the
Liberties
as
without
,
within
their
several
Authorities
and
Commissions
at
any
time
within
three
years
next
after
such
Offences
committed
,
shall
have
full
Power
and
Authority
to
inquire
,
as
well
by
the
Oaths
of
twelve
lawful
men
,
as
also
to
hear
and
examin
the
Master
,
Masters
and
Mariners
of
the
said
Ships
,
Crayers
and
other
Vessells
,
and
all
and
every
other
person
and
persons
of
all
and
singular
the
Offenders
against
this
present
Act
,
and
to
hear
and
determin
the
same
Offences
as
they
may
and
ought
to
hear
and
determin
any
other
Trespasses
or
Offences
.
Bail
.
Where
in
the
Parliament
,
&c.
viz.
(
3
H.
7.
Cap.
3.
§
1
N
3.
Cap.
13.
)
it
was
amongst
other
things
Ordained
and
Enacted
,
that
no
Prisoner
arrested
for
Felony
should
be
letten
to
Bail
or
Mainprize
by
any
one
Iustice
of
Peace
,
but
by
the
whole
Iustices
,
or
at
least
by
two
of
them
whereof
one
to
be
of
the
Quorum
.
Justices
.
Since
the
making
of
which
Statute
,
(
viz.
3
H.
7.
Cap.
3.
§
1.
N.
3.
§
1.
N.
2.
)
one
Iustice
of
Peace
in
the
name
of
himself
and
one
other
of
the
Iustices
his
Companion
,
not
making
the
said
Iustice
party
nor
privy
unto
the
Case
wherefore
the
Prisoner
should
be
Bailed
,
hath
often
times
by
sinister
labor
and
means
,
set
at
large
the
greatest
and
notablest
Offenders
,
such
as
be
not
replevisiable
by
the
Laws
of
this
Realm
.
Certificate
.
And
yet
the
rather
to
hide
their
Affections
in
that
behalf
,
§
1.
N.
3.
have
signified
the
Cause
of
their
Apprehension
to
be
but
only
for
Suspition
of
Felony
,
whereby
the
said
Offenders
have
escaped
unpunished
,
and
do
daily
to
the
high
displeasure
of
Almighty
God
,
the
great
peril
of
the
King
and
Queens
true
Subjects
,
and
encouragement
of
all
Theives
and
Evil-Doers
.
Joynder
.
For
Reformation
whereof
,
§
2.
N.
1.
be
it
Ordained
and
Enacted
by
the
King
and
Queens
Majesties
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
Assembled
,
and
by
the
Authority
of
the
same
,
that
from
and
after
the
first
day
of
April
next
coming
,
no
Iustice
or
Iustices
of
Peace
,
shall
let
to
Bail
or
Mainprize
any
such
person
or
persons
which
for
any
Offence
or
Offences
by
them
or
any
of
them
committed
,
be
declared
not
to
be
Replevised
or
Bailed
,
or
be
forbidden
to
be
replevised
or
Bailed
by
the
Statute
of
Westminster
,
1
&c.
(
viz.
3
Ed.
1.
Cap.
15.
)
Coron.
And
furthermore
that
any
person
or
persons
Arrested
for
Manslaughter
or
Felony
,
§
3
N.
1
or
Suspition
of
Manslaughter
or
Felony
being
Bailable
by
the
Law
,
shall
not
after
the
first
day
of
April
be
let
to
Bail
or
Mainprize
by
any
Iustices
of
Peace
,
if
it
be
not
in
open
Sessions
,
except
it
be
by
two
Iustices
of
Peace
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
and
the
same
Iustices
to
be
present
together
at
the
time
of
the
said
Bailment
or
Mainprize
.
§
3.
N.
2.
Which
Bailment
or
Mainprize
,
they
shall
certify
in
Writing
,
Certificate
.
subscribed
or
signed
with
their
own
Hands
at
the
next
general
Goal-delivery
to
be
holden
within
the
County
where
the
said
person
or
persons
shall
be
arrested
or
suspected
.
§
4.
N.
1.
And
that
the
said
Iustices
or
one
of
them
being
of
the
Quorum
,
Proof
.
when
any
such
Prisoner
is
brought
before
them
for
any
Manslaughter
or
Felony
before
any
Bailment
or
Mainprize
,
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
proove
the
Felony
,
shall
put
in
Writing
before
they
make
the
same
Bailment
,
2
&
3
Ph.
&
Mar.
Cap.
10.
§
4.
N.
2.
Which
said
Examination
together
with
the
said
Bailment
,
Certificate
.
the
said
Iustices
shall
certify
at
the
next
general
Goal-delivery
to
be
holden
within
the
limits
of
their
Commission
,
2
&
3
Ph.
&
Mar.
Cap.
10.
§
1.
N.
2.
§
5.
N.
1.
And
that
every
Coroner
upon
any
Inquisition
before
him
found
whereby
any
person
or
persons
shall
be
Indicted
for
Murder
or
Manslaughter
,
Inquest
.
or
as
Accessary
or
Accessaries
to
the
same
before
the
Murder
or
Manslaughter
committed
,
shall
put
in
Writing
the
effect
of
the
Evidence
given
to
the
Iury
before
him
being
material
.
§
5.
N.
2.
And
as
well
the
said
Iustices
as
the
said
Coroner
,
Recognizance
.
shall
have
Authority
by
this
Act
,
to
bind
all
such
by
Recognizance
or
Obligation
as
do
declare
any
thing
material
to
proove
the
said
Murder
or
Manslaughter
,
Offences
or
Felonies
,
or
to
be
Accessary
or
Accessaries
to
the
same
as
is
aforesaid
,
to
appear
at
the
next
general
Goal-delivery
to
be
holden
within
the
County
,
City
or
Town-Corporate
where
the
Tryal
thereof
shall
be
,
then
and
there
to
give
Evidence
against
the
Party
so
Indicted
at
the
time
of
his
Tryal
,
2
&
3
Ph.
&
Mar.
Cap.
10.
§
2.
N.
4.
§
5.
N.
3.
And
shall
certify
as
well
the
same
Evidence
,
Certificate
.
as
such
Bond
or
Bonds
in
Writing
as
he
shall
take
,
together
with
the
Inquisition
or
Indictment
before
him
taken
and
found
,
at
or
before
the
time
of
his
said
Tryal
thereof
to
be
had
or
made
,
2
&
3
Ph.
&
Mar.
Cap.
10.
§
2.
N.
5.
§
5.
N.
4
And
likewise
the
said
Iustices
shall
certify
all
and
every
such
Bond
taken
before
them
,
Bail
.
in
like
manner
as
before
is
said
of
Bailment
and
Examination
.
§
5.
N.
5.
And
in
Case
any
Iustice
of
Peace
of
Quorum
or
Coroner
,
Justices
.
shall
after
the
first
day
of
April
offend
in
any
thing
contrary
to
the
true
intent
and
meaning
of
this
present
Act
,
that
then
the
Iustices
of
Goal-delivery
of
the
Shire
,
City
,
Town
or
Place
where
such
Offence
shall
happen
to
be
committed
,
upon
due
Proof
thereof
by
Examination
before
them
,
shall
for
every
such
Offence
set
such
Fine
on
every
of
the
same
Iustices
of
Peace
and
Coroner
,
as
the
same
Iustices
of
Goal-delivery
,
shall
think
meet
,
and
estreat
the
same
as
other
Fines
and
Amercements
assessed
before
Iustices
of
Goal-delivery
ought
to
be
.
§
6.
N.
1.
Provided
always
,
Coporation
.
and
be
it
further
Enacted
by
the
Authority
aforesaid
that
Iustices
of
Peace
and
Coroners
within
the
City
of
London
and
the
County
of
Middlesex
,
and
in
other
Cities
,
Boroughs
and
Towns-Corporate
within
this
Realm
and
Wales
,
shall
within
their
several
Iurisdictions
have
Authority
to
let
to
Bail
Felons
and
Prisoners
,
in
such
manner
and
form
as
they
have
been
heretofore
accustomed
,
this
Act
or
any
thing
therin
contained
to
the
contrary
notwithstanding
.
§
6.
N.
2.
And
also
shall
take
Examinations
and
Bonds
as
is
aforesaid
,
Proof
.
upon
every
Bailment
by
them
or
any
of
them
to
be
made
.
§
6.
N.
3.
And
shall
certify
every
such
Bailments
,
Certificate
.
Bonds
and
Examinations
by
them
or
any
of
them
taken
or
made
,
at
the
next
Goal-delivery
to
be
holden
within
the
Shire
,
City
,
Borough
or
Town
where
their
several
Iurisdictions
extendeth
,
upon
like
Pain
and
Forfeiture
as
is
before
limited
in
this
present
Act.
§
7.
N.
1
And
be
it
also
Enacted
,
Certirorari
.
&c.
that
no
Writs
of
Habeas
Corpus
or
Certiorari
shall
be
hereafter
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
Iustices
,
or
in
his
absense
one
of
the
Iustices
of
the
Court
,
out
of
which
the
same
Writs
shall
be
awarded
or
made
.
Officer
.
Vpon
Pain
,
§
7.
N.
2.
that
he
that
writeth
any
such
Writs
not
being
signed
as
is
aforesaid
,
to
forfeit
to
our
Soveraign
Lord
the
King
and
the
Queen
,
for
every
such
Writs
five
pounds
.
Riot
.
Be
it
therefore
Enacted
,
&c.
(
viz.
because
good
and
beneficial
)
that
all
,
C.
16.
N.
15.
&c
the
several
Acts
,
&c.
(
viz.
1
Mar.
1.
St.
2.
Cap.
12.
&c.
of
Riots
and
all
Clauses
,
&c.
shall
be
revived
,
&c.
until
the
last
day
of
the
next
Parliament
,
2
&
3
Ph.
&
Mar
Cap.
21.
§
10.
N.
2.
Husbandry
.
The
one
half
of
which
said
Forfeitures
(
viz.
twenty
shillings
a
month
,
2
&
3
Ph.
&
Mar.
Cap.
3.
§
3
N.
2●
that
one
Cow
is
not
kept
for
every
threescore
Shere-sheep
,
and
one
Calf
for
every
six
score
)
shall
be
to
the
use
of
,
&c.
the
King
and
Queens
Majesties
,
and
the
other
half
to
the
use
of
the
Party
that
within
one
year
after
the
Offence
committed
will
sue
for
the
same
,
in
any
,
&c.
Courts
of
Record
,
or
before
the
Iustices
of
Peace
in
the
same
Shire
where
any
such
Cause
of
Forfeiture
shall
be
had
,
at
the
general
Sessions
,
who
by
Authority
of
this
Act
,
shall
have
Power
to
hear
and
determine
the
said
Offences
by
Bill
,
Information
,
Presentment
,
Action
of
Debt
or
Detinue
,
in
which
Action
or
Suit
no
Essoyn
,
Protection
,
Wager
of
Law
or
Licence
to
the
contrary
shall
be
allowed
.
Cattle
.
And
be
it
Enacted
,
C.
7.
§
7.
N.
1.
&c.
that
the
Iustices
of
Peace
of
every
Place
and
County
as
well
within
Liberties
as
without
,
shall
have
Authority
in
their
Sessions
within
the
limits
of
their
Authority
and
Commission
,
to
inquire
,
hear
and
determine
all
Offences
against
this
Statute
(
viz.
of
selling
Horses
,
Gueldings
,
Mares
and
Colts
in
Fairs
and
Markets
Overt
)
as
they
may
do
any
other
matter
tryable
before
them
.
Ways
.
And
in
default
of
such
Inquiry
or
Presentment
,
C.
8.
§
2.
N.
10.
(
viz.
in
Leet
of
not
amending
High-ways
,
&c.
the
Iustices
of
Peace
for
every
Place
or
County
,
shall
have
Authority
to
inquire
of
the
same
the
Offences
which
shall
be
committed
within
the
limits
of
their
Commission
at
every
their
Quarter
Sessions
,
and
to
assess
such
Fines
therefore
as
they
or
two
of
them
,
whereof
one
to
be
of
the
Quorum
,
shall
think
meet
.
Account
.
And
the
said
Church-wardens
shall
have
Authority
to
call
the
said
Bailiff
and
Head-Constable
to
Account
before
the
Iustices
of
Peace
or
two
of
them
wherof
one
to
be
of
the
Quorum
,
by
Bill
,
§
4.
N.
2.
Information
or
otherwise
Bail
.
And
forasmuch
as
the
said
Act
(
viz.
1
&
2
Ph.
&
Mar.
Cap.
13.
§
4.
N.
1.
)
doth
not
extend
to
such
Prisoners
as
shall
be
brought
before
any
Iustice
of
Peace
for
Manslaughter
or
Felony
,
C.
10.
§
2.
N.
1
and
by
such
Iustice
shall
be
committed
to
Ward
for
the
Suspition
of
such
Manslaughter
or
Felony
and
not
Bailed
,
in
which
Case
Examination
of
such
Prisoner
and
of
such
as
bring
him
,
is
as
necessary
or
rather
more
,
than
where
such
Prisoner
shall
be
let
to
Bail
or
Mainprize
.
Proof
.
Be
it
therefore
Enacted
,
§
2.
N.
2.
&c
that
from
henceforth
such
Iustice
or
Iustices
before
whom
any
person
shall
be
brought
for
Manslaughter
or
Felony
,
or
for
Suspition
thereof
,
before
he
or
they
shall
commit
or
send
such
Prisoner
to
Ward
,
shall
take
the
Examination
of
such
Prisoner
,
and
Information
of
those
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
within
two
days
after
the
said
Examination
.
Certificate
.
And
the
same
shall
certify
in
such
manner
and
form
,
§
2.
N.
3.
and
at
such
time
as
they
should
and
ought
to
do
,
if
such
Prisoner
so
committed
or
sent
to
Ward
had
been
Bailed
or
let
to
Mainprize
,
upon
such
Pain
as
in
the
said
former
Act
viz.
1
&
2
Ph.
&
Mar.
Cap.
13.
§
5.
N.
5.
)
is
limited
and
appoin●
for
not
taking
,
or
not
certifying
such
Examinations
,
as
in
the
said
former
Act
is
expressed
.
Recognizance
.
And
be
it
further
Enacted
,
§
2.
N.
4.
that
the
said
Iustices
shall
have
Authority
by
this
Act
,
to
bind
all
such
by
Recognizance
or
Obligation
,
as
do
declare
any
thing
material
to
prove
the
said
Manslaughter
or
Felony
,
against
such
Prisoner
as
shall
be
so
committed
to
Ward
,
to
appear
at
the
next
general
Goal-delivery
to
be
holden
within
the
County
,
City
or
Town-Corporate
where
the
Tryal
of
the
said
Manslaughter
or
Felony
shall
be
,
then
and
there
to
give
Evidence
against
the
Party
.
§
2.
N.
5.
And
that
the
said
Iustices
shall
certify
the
said
Bonds
taken
before
them
,
Certificate
.
in
like
manner
as
they
should
and
ought
to
certify
the
Bonds
mentioned
in
the
said
former
Act
(
viz.
1
&
2
Ph.
&
Mar.
Cap.
13.
§
5.
N.
3.
)
upon
Pain
,
as
in
the
said
former
Act
is
mentioned
for
not
certifying
such
Bonds
as
by
the
said
former
Act
is
limited
and
appointed
to
be
certified
.
Cap.
18.
Where
the
King
and
Queens
most
Excellent
Highness
,
Coporation
.
and
their
Noble
Progenitors
Kings
of
this
Realm
,
have
heretofore
granted
their
several
Commissions
directed
as
well
unto
the
Mayors
,
Recorders
and
other
Grave
Men
and
Inhabitants
,
of
certain
Antient
and
Famous
Cities
and
Towns-Corporate
within
this
Realm
of
England
not
being
Counties
in
themselves
,
as
also
unto
divers
other
worshipful
and
learned
men
dwelling
out
of
the
same
Cities
and
Towns-Corporate
,
as
well
for
the
keeping
of
their
Peace
,
good
ordering
of
their
People
and
executing
of
their
Laws
and
Statutes
within
the
same
Cities
and
Towns-Corporate
,
as
also
for
the
Delivery
of
their
Majesties
Prisoners
remaining
in
the
Goals
there
,
and
after
the
granting
of
such
Commissions
their
Majesties
have
granted
divers
other
like
Commissions
unto
certain
worshipful
and
learned
men
of
the
Shires
,
Laths
,
Rapes
,
Ridings
and
Wapentakes
of
this
Realm
of
England
for
the
Confirmation
of
their
Peace
,
and
also
delivering
of
their
Prisoners
remaining
in
their
Goals
within
the
same
Shires
,
Laths
,
Rapes
,
Ridings
and
Wapentakes
.
§
1.
N.
2.
Which
Commissions
so
bearing
a
later
date
,
Supersedeas
.
have
been
a
Supersedeas
and
clear
Discharge
unto
all
and
singular
the
said
former
Commissions
granted
unto
the
said
Cities
and
Towns-Corporate
,
not
being
Counties
in
themselves
.
§
1.
N.
3.
So
that
the
said
Mayor
,
Commission
and
other
grave
and
chiefest
Officers
of
every
such
City
and
Town-Corporate
,
have
been
charged
to
sue
for
the
renewing
again
of
such
Commissions
,
both
for
the
Peace
and
Goal-delivery
,
to
the
great
Expences
,
Cost
and
Charges
of
the
said
Mayor
,
and
other
the
Inhabitants
of
such
Cities
and
Towns-Corporate
,
and
to
the
great
protracting
and
delay
of
Iustice
therein
in
the
mean
time
,
for
Reformation
whereof
,
and
for
the
better
Advancement
of
Iustice
in
the
Premisses
.
§
2.
N.
1.
Be
it
therefore
Enacted
,
Franchise
.
&c.
that
all
and
singular
Commission
and
Commissions
granted
or
to
be
granted
to
any
such
City
or
Town-Corporate
not
being
as
is
aforesaid
a
County
in
it self
,
for
the
keeping
of
their
Peace
and
delivery
of
the
Prisoners
remaining
in
the
Goals
of
any
such
City
or
Town-Corporate
,
not
being
a
County
in
it self
,
shall
stand
,
remain
and
be
Good
and
Available
and
Efectual
in
the
Law
,
to
all
Intents
,
Constructions
and
Purposes
,
the
granting
of
any
like
Commission
of
the
Peace
or
Goal-delivery
,
to
any
Commissioner
or
Commissioners
for
the
Conservation
of
the
Peace
,
or
Delivery
of
the
Prisoners
remaining
in
the
Goal
of
any
Shire
,
Lath
,
Rape
,
Riding
or
Wapentake
within
this
Realm
of
England
,
bearing
date
after
the
said
Commission
or
Commissions
granted
as
is
aforesaid
,
to
any
such
City
or
Town-Corporate
not
being
as
is
aforesaid
a
County
in
it self
,
to
the
contrary
notwithstanding
.
C.
21.
§
10.
N.
2.
Be
it
therefore
Enacted
,
Riot
.
&c.
(
viz.
because
good
and
beneficial
)
that
all
the
said
several
Acts
,
&c.
(
viz.
1
Mar.
1.
St.
2.
Cap.
12
,
&c.
)
and
all
Clauses
,
&c.
shall
be
revived
,
&c.
untill
the
last
day
of
the
next
Parliament
,
4
&
5
Ph.
&
Mar.
Cap.
9.
§
14.
N.
2.
4
&
5
Ph.
&
Mar.
Cap.
2.
§
8.
N.
2.
And
be
it
further
Enacted
,
War
.
&c.
that
the
Iustices
of
Peace
of
every
Shire
,
shall
have
Power
and
Authority
by
vertue
of
this
Act
,
from
time
to
time
to
make
search
and
view
,
of
and
for
the
said
Furnitures
of
Horses
,
Gueldings
,
Armor
and
Weapons
to
be
found
maintained
and
kept
by
any
person
,
&c
having
Lordships
,
Mannors
,
Houses
,
Lands
,
Meadows
,
Pastors
or
Woods
,
to
the
clear
yearly
value
of
two
hundred
pounds
or
under
,
and
not
above
the
yearly
value
of
four
hundred
pounds
,
or
to
be
found
maintained
or
kept
by
any
person
chargeable
,
&c.
by
reason
of
his
or
their
Goods
,
Cattels
,
Annuities
,
Fees
or
Copy-holds
,
&c.
1
Jac.
Cap.
25.
§
N.
Justices
.
And
to
hear
and
determine
at
their
Quarter
Sessions
,
§
8.
N
2
all
and
every
the
Defaults
committed
or
done
contrary
to
this
Act.
(
viz.
of
finding
Horses
or
Armor
)
within
the
County
where
such
Session
shall
be
kept
,
by
Inquisition
,
Presentment
,
Bill
or
Information
before
them
exhibited
,
or
by
Examination
of
two
lawful
Witnesses
at
the
discretion
of
the
same
Iustices
,
and
to
award
Process
thereupon
,
as
though
they
were
indicted
before
them
by
the
Verdict
of
twelve
men
or
more
.
War
.
And
be
it
furtheer
Enacted
,
C.
3.
§
5.
N.
1
&c.
that
all
Iustices
of
Assize
in
their
Circuits
,
and
all
Iustices
of
Peace
within
the
limits
of
their
Commission
in
their
Assizes
and
Sessions
,
and
Stewards
of
Leets
,
Law
days
and
Liberties
at
their
Leets
and
Law-days
,
shall
and
may
from
time
to
time
,
enquire
,
hear
and
determine
every
of
the
said
Offences
(
viz.
of
Non-payment
or
Departure
of
Souldiers
,
&c.
)
committed
or
done
contrary
to
this
Act
,
within
the
Premises
of
their
Commission
,
Leet
or
Liberty
Process
.
And
if
any
person
,
&c.
shall
be
before
the
said
Iustices
of
Assize
,
§
5.
N.
2.
Iustices
of
Peace
or
any
of
them
,
presented
or
indicted
of
any
the
Offences
aforesaid
,
(
viz.
Non
payment
or
Departure
of
Souldiers
)
that
then
the
said
Iustices
of
Assize
or
Iustices
of
Peace
,
before
whom
such
Indictment
or
Presentment
shall
be
taken
or
had
,
shall
,
&c.
award
such
Process
against
every
such
person
,
&c.
as
upon
Indictments
of
Trespass
is
used
and
accustomed
to
be
made
.
Riot
.
Be
it
therefore
Enacted
,
&c.
(
viz.
because
good
and
beneficial
)
that
all
,
C.
9.
§
14.
N.
2.
&c.
the
said
several
Acts
,
&c.
(
viz.
1
Mar.
1.
St.
2.
Cap.
12.
&c.
)
and
all
Clauses
,
&c.
shall
be
revived
,
&c.
until
the
last
day
of
the
next
Parliament
,
1
Eliz.
16.
§
2.
N.
2.
Statuta
Eliz.
Drapery
.
AND
be
it
further
Enacted
,
&c.
that
,
1
Eliz.
C.
12
§
2.
N.
1.
&c.
all
Iustices
of
Peace
in
every
County
and
Place
of
this
Realm
,
or
three
of
them
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
and
Authority
to
inquire
,
hear
and
determine
the
Offences
aforesaid
,
(
viz.
of
Deceit
in
Linnen
Cloath
)
in
their
Sessions
,
by
Information
,
Indictment
or
upon
Traverse
of
any
Presentment
or
Indictment
found
before
the
said
Iustices
or
any
of
them
.
Riot
.
And
forasmuch
as
the
said
Act
and
Statute
,
C.
16.
§
2.
N.
1
(
viz.
1
Mar.
1.
St.
2.
Cap.
12
)
during
all
the
time
aforesaid
,
hath
been
proved
by
Experience
to
be
a
very
good
and
beneficial
Law
,
and
meet
to
be
continued
and
kept
in
force
as
well
for
the
preservation
of
the
Peace
,
as
also
for
the
Common-wealth
and
Quietness
of
this
Realm
.
Peace
.
Be
it
therefore
Enacted
,
§
2.
N.
2.
&c.
that
the
said
Act
and
Statute
(
viz.
1
Mar.
1.
St.
2.
Cap.
12.
)
and
every
Branch
,
Clause
and
Article
therin
contained
,
shall
stand
,
remain
,
continue
and
be
in
full
force
and
strength
,
to
all
intents
and
purposes
,
for
and
during
the
Natural
Life
of
the
Queens
most
excellent
Majesty
that
now
is
,
&c.
and
to
the
end
of
the
Parliament
then
next
following
.
Prerog
.
And
that
the
said
Act
and
Statute
,
§
2.
N.
3
(
viz.
1
Mar.
1.
St.
2.
Cap.
12.
)
and
the
Words
and
Sentences
mentioned
and
contained
in
the
said
Act
,
shall
extend
unto
the
Queens
Highness
that
now
is
,
as
fully
and
amply
as
ever
the
same
did
extend
to
the
said
late
Queen
Mary
.
Fish
.
And
it
is
further
Enacted
,
&c.
that
if
the
Offences
,
C.
17.
§
11.
N.
1.
&c.
touching
the
taking
,
killing
or
destroying
of
Fish
,
or
Fry
and
Spawn
,
be
not
presented
at
the
Leet
where
they
shall
be
committed
within
one
year
next
after
the
Offence
committed
,
that
the
Iustices
of
Peace
in
their
Sessions
,
Iustices
of
Over
and
Terminer
,
and
Iustices
of
Assize
in
their
several
Circuits
,
shall
have
full
Power
and
Authority
to
inquire
thereof
,
and
to
hear
and
determine
all
the
Offences
committed
contrary
to
the
Tenor
of
this
Statute
.
Pope
.
And
it
is
also
Enacted
,
5
Eliz.
Cap.
1.
§
3.
N.
1.
&c.
that
as
well
Iustices
of
Assize
in
their
Circuits
,
as
Iustices
of
Peace
within
the
limits
of
their
Commission
and
Authorities
,
or
two
of
every
such
Iustices
of
Peace
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
in
their
quarter
and
open
Sessions
to
inquire
of
all
Offences
,
&c.
(
viz.
Extolling
the
usurped
Jurisdiction
of
Rome
)
done
contrary
to
the
true
meaning
of
the
Premises
,
in
like
manner
and
form
as
they
may
of
other
Offences
against
the
Queens
Peace
.
§
3.
N.
2.
And
shall
certify
every
Presentment
afore
them
or
any
of
them
had
or
made
concerning
the
same
or
any
part
thereof
,
Certificate
.
before
the
Queen
her
Heirs
and
Successors
,
in
her
or
their
Court
commonly
called
the
Kings
Bench
,
within
forty
days
next
after
any
such
Presentment
had
or
made
if
the
Term
be
then
open
,
and
if
not
,
at
the
first
day
of
the
full
Term
next
following
the
said
forty
days
.
§
3.
N.
3.
Vpon
pain
that
every
of
the
Iustices
of
Assize
,
Forfeiture
.
or
Iustices
of
Peace
before
whom
such
Presentment
shall
be
made
,
making
default
of
such
Certificate
contrary
to
this
Statute
,
to
lose
and
forfeit
for
every
such
Default
,
100
l.
to
the
Queen
her
Heirs
and
Successors
.
C.
4.
§
15.
N.
1.
And
,
&c.
Be
it
Enacted
,
Justices
.
&c.
that
the
Iustices
of
Peace
of
every
Shire
,
Riding
and
Liberty
within
the
limits
of
their
several
Commissions
,
or
the
more
part
of
them
being
then
resiant
within
the
same
,
and
the
Sheriff
of
that
County
if
he
conveniently
may
,
and
every
Mayor
,
&c.
within
any
City
,
&c.
wherein
if
any
Iustice
of
Peace
within
the
limits
of
the
said
City
,
&c.
shall
,
&c.
yearly
at
every
general
Sessions
first
to
be
holden
and
kept
after
Easter
,
or
at
some
time
convenient
within
six
weeks
next
following
every
of
the
said
Feasts
of
Easter
assemble
themselves
together
,
39
Eliz.
12.
§
2.
N.
1.
§
15.
N.
2.
And
they
so
assembled
,
Apprentice
.
calling
unto
them
such
discreet
and
Grave
persons
of
the
said
County
,
City
or
Town-Corporate
as
they
shall
think
meet
,
and
conferring
together
respecting
Plenty
or
Scarcity
of
the
Time
,
and
other
Circumstances
necessarily
to
be
considered
,
shall
have
Authority
by
vertue
thereof
within
the
limits
and
Precincts
of
their
several
Commissions
,
to
limit
,
rate
and
appoint
the
wages
as
well
of
such
and
so
many
of
the
said
Artificers
,
Handy-Craftsmen
,
Husbandmen
or
any
other
Laborer
,
Servant
or
Workman
,
whose
wages
in
time
past
hath
been
by
any
Law
or
Statute
rated
and
appointed
.
§
15.
N.
3.
As
also
the
wages
of
all
other
Laborers
,
Artificers
,
Fees
.
Work-men
or
Apprentices
of
Husbandry
which
have
not
been
rated
,
39
Eliz.
12.
§
2.
N.
1.
§
15.
N.
4.
As
they
the
same
Iustices
,
Days
.
Mayor
or
Head-Officers
within
their
several
Commissions
or
Liberties
shall
think
meet
by
their
Discretions
to
be
rated
,
limited
or
appointed
,
by
the
year
or
by
the
day
,
week
,
month
or
otherwise
,
with
meat
and
drink
or
without
meat
and
drink
.
§
15.
N.
5.
And
what
wages
every
Workman
or
Labourer
shall
take
by
the
Great
for
Mowing
,
Reaping
or
Threshing
of
Corn
and
Grain
,
Husbandry
.
or
for
Mowing
or
making
of
Hay
,
or
for
Ditching
,
Paving
,
Rayling
or
Hedging
by
the
Rod
,
Pearch
,
Lugg
,
Yard
,
Pole
,
Rope
or
Foot
,
and
for
any
other
kind
of
reasonable
Labor
or
Service
.
§
15.
N.
6.
And
shall
yearly
before
the
twelfth
day
of
July
next
after
the
said
Assessments
and
Rates
so
appointed
and
made
,
Certificate
.
certify
the
same
ingrossed
in
Parchment
,
with
the
Considerations
and
Causes
thereof
,
under
their
Hands
and
Seals
,
into
the
,
&c.
Court
of
Chancery
,
39
Eliz.
12.
§
3.
N.
1.
§
17.
N.
1.
And
be
it
further
Enacted
,
Justices
.
&c.
that
if
all
the
said
Iustices
of
Peace
resiant
within
the
Counties
where
they
are
or
shall
be
Iustices
of
Peace
,
and
Mayors
and
Head-Officers
,
do
not
before
the
tenth
day
of
July
,
&c.
yearly
appear
and
assemble
at
the
said
general
Sessions
,
or
within
six
weeks
next
after
the
said
general
Sessions
,
and
limit
and
rate
the
wages
,
&c.
or
be
negligent
or
remiss
in
the
Certificate
thereof
,
&c.
that
then
every
Iustice
of
Peace
,
&c.
in
whom
any
such
default
or
negligence
shall
be
found
,
being
within
the
said
County
,
&c.
,
at
the
time
of
the
said
Sessions
,
or
at
the
times
of
the
said
rates
of
wages
to
be
set
within
six
weeks
next
after
every
such
Sessions
,
and
not
visited
with
any
such
Sickness
as
he
could
not
travail
thither
without
peril
and
danger
of
his
Life
,
or
not
having
any
other
lawful
and
good
Excuse
to
be
allowed
by
the
Iustices
then
assembled
for
the
rating
and
taxing
of
wages
,
or
by
the
more
part
of
them
upon
a
Corporal
Oath
,
&c.
by
some
credible
person
assessed
,
&c.
in
the
Book
of
Subsidy
,
to
the
clear
value
of
five
pounds
,
&c.
or
by
such
other
person
as
the
most
part
of
such
Iustices
shall
allow
,
&c.
shall
for
such
default
or
negligence
forfeit
,
&c.
ten
pounds
,
&c.
39
Eliz.
12.
§.
2
N.
4.
Apprentice
.
Provided
always
and
be
it
Enacted
,
&c.
that
in
the
time
of
Hay
,
§
22.
N.
1.
or
Corn-harvest
,
the
Iustices
of
Peace
and
every
of
them
,
&c.
shall
and
may
cause
all
such
Artificers
and
Persons
as
be
meet
to
labour
by
the
descretions
of
the
said
Iustices
,
&c.
to
serve
by
the
day
for
the
Mowing
,
Reaping
,
Shearing
,
Getting
or
Inning
of
Corn
,
Grain
and
Hay
,
according
to
the
Skill
and
Quality
of
the
Person
.
Women
.
And
be
it
further
Enacted
,
&c.
that
two
Iustices
of
Peace
,
§
24.
N.
1.
&c
shall
and
may
by
vertue
hereof
,
appoint
any
such
Woman
as
is
of
the
age
of
twelve
years
and
under
the
age
of
Forty
years
,
and
unmarried
and
forth
of
Service
,
as
they
shall
think
meet
to
serve
,
to
be
retained
,
or
serve
by
the
year
,
or
by
the
week
or
day
for
such
wages
,
and
in
such
reasonable
sort
and
manner
as
they
shall
think
meet
.
Husbandry
.
And
be
it
further
Enacted
,
§.
35.
N.
1.
that
if
any
person
shall
be
required
by
any
Housholder
,
having
and
using
half
a
Plowland
at
the
least
in
Tillage
,
to
be
an
Apprentice
,
&c.
and
shall
refuse
so
to
do
,
that
then
upon
Complaint
of
such
House-Keeper
made
to
one
Iustice
of
the
Peace
of
the
County
where
the
said
Refusal
is
or
shall
be
made
,
&c.
they
shall
have
full
Power
and
Authority
by
vertue
hereof
,
to
send
for
the
same
person
so
refusing
.
Justices
.
And
if
the
Iustice
,
§
35.
N.
2.
&c.
shall
think
the
said
person
meet
and
convenient
to
serve
as
an
Apprentice
in
that
Art
,
Labor
,
Science
or
Mistery
wherein
he
shall
be
so
then
required
to
serve
,
that
then
the
said
Iustice
,
&c.
shall
have
Power
,
&c.
if
the
said
person
refuse
to
be
bound
as
an
Apprentice
,
to
commit
him
unto
Ward
,
there
to
remain
untill
he
be
contented
and
will
be
bounden
to
serve
as
an
Apprentice
should
serve
,
according
to
the
true
intent
and
meaning
of
this
present
Act.
Apprentice
.
And
if
such
Master
shall
mis-use
or
evil
intreat
his
Apprentice
,
§
35.
N.
3.
or
that
the
said
Apprentice
shall
have
any
just
cause
to
complain
,
or
the
Apprentice
do
not
his
Duty
to
his
said
Master
,
then
the
said
Master
or
Apprentice
being
grieved
and
having
cause
to
complain
,
shall
repair
unto
one
Iustice
of
Peace
within
the
said
County
,
&c.
who
shall
by
his
wisedom
and
discretion
take
such
order
and
direction
between
the
said
Master
and
his
Apprentice
,
as
the
Equity
of
the
Cause
shall
require
.
Process
And
if
for
want
of
good
Conformity
in
the
Master
,
§
35.
N.
4.
the
said
Iustice
of
Peace
,
&c.
cannot
compound
and
agree
the
matter
between
him
and
his
Apprentice
,
then
the
said
Iustice
,
&c.
shall
take
Bond
of
the
said
Master
to
appear
at
the
next
Sessions
then
to
be
holden
within
the
said
County
,
&c.
to
be
before
the
Iustices
of
the
said
County
,
&c.
if
the
said
Master
dwell
within
any
such
.
Apprentice
.
And
upon
his
appearance
and
hearing
of
the
matter
before
the
said
Iustices
,
§
35.
N.
5.
&c.
if
it
be
thought
meet
unto
them
to
discharge
the
said
Apprentice
of
his
Apprentice-hood
,
that
then
the
said
Iustices
or
four
of
them
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
&c.
shall
have
Power
by
Authority
hereof
in
Writing
under
their
Hands
and
Seals
,
to
procure
and
declare
that
they
have
discharged
the
said
Apprentice
of
his
Apprentice-hood
,
and
the
Cause
thereof
.
Justices
.
And
if
the
Default
shall
be
found
to
be
in
the
Apprentice
,
§
35.
N.
7.
then
the
said
Iustices
,
&c.
with
the
Assistance
aforesaid
,
shall
cause
such
due
Correction
and
Punishment
to
be
ministred
unto
him
,
as
by
their
Wisdom
and
Discretions
shall
be
thought
meet
.
Fees
.
And
in
Consideration
of
the
Pains
and
Travail
of
the
said
Iustices
of
Peace
,
§
38
N.
1.
&c.
shall
take
and
sustain
in
about
the
Execution
of
this
Statute
,
it
is
further
Ordained
,
&c.
that
every
Iustice
of
Peace
,
&c.
for
every
day
that
he
shall
sit
in
and
about
the
Execution
of
this
Estatute
,
shall
have
allowed
unto
him
five
shillings
,
to
be
allowed
and
paid
unto
him
,
&c.
of
the
Fines
and
Forfeitures
of
the
Pains
and
Penalties
that
should
be
forfeited
and
due
,
&c.
by
force
of
this
Estatute
,
in
such
manner
,
&c.
as
the
said
Iustices
have
been
heretofore
commonly
paid
for
their
coming
and
charges
at
the
Quarter
Sessions
,
so
that
the
sitting
of
the
said
Iustices
,
&c.
be
not
at
any
one
time
above
three
days
,
and
for
the
matters
contained
in
this
Estatute
.
§
39.
N.
2.
And
that
the
said
Iustices
or
two
of
them
,
Justices
.
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
and
Authority
,
to
hear
and
determine
all
and
every
Offence
and
Offences
that
shall
be
committed
or
done
against
this
Statute
or
against
any
Branch
thereof
,
as
well
upon
Indictment
to
be
taken
before
them
in
the
Sessions
of
the
Peace
,
as
upon
Information
of
Debt
,
or
Bill
of
Complaint
to
be
sued
or
exhibited
by
any
person
.
§
39.
N.
2.
And
shall
and
may
by
vertue
hereof
,
Process
.
make
Process
against
the
Defendant
,
and
award
Execution
as
in
other
Case
they
lawfully
may
,
by
any
the
Laws
and
Statutes
of
this
Realm
.
§
39.
N.
3.
And
shall
yearly
at
Michaelmas
Term
certify
by
Estreat
,
Certificate
.
the
Fines
and
Forfeitures
of
every
the
Offences
contained
in
this
Estatute
that
shall
be
found
before
them
into
the
Court
of
Exchequer
,
in
like
sort
and
form
as
they
be
bound
to
certify
the
Estreats
for
other
Offences
and
Forfeitures
to
be
lost
before
them
,
&c.
§
47.
N.
1.
And
be
it
further
Enacted
,
&c.
that
if
any
Servant
or
Apprentice
,
&c
,
Apprentice
.
unlawfully
depart
or
flee
into
any
other
Shire
,
that
it
shall
be
lawful
to
the
said
Iustices
of
Peace
,
&c.
for
the
time
being
Iustices
of
the
Peace
there
,
to
make
and
grant
Writs
of
Capias
,
so
many
and
such
as
shall
be
needful
to
be
directed
to
the
Sheriffs
of
the
Counties
,
or
to
other
Head-Officers
of
the
Places
whether
such
Servants
or
Apprentices
shall
so
depart
or
flee
,
to
take
their
Bodies
returnable
before
them
at
what
time
shall
please
them
,
so
that
if
they
come
by
such
Process
that
they
be
put
in
Prison
till
they
shall
find
sufficient
Surety
,
well
and
honestly
to
serve
their
Masters
,
Mistresses
or
Dames
from
whom
they
so
departed
or
fled
,
according
to
the
Order
of
the
Law
.
C.
5.
§
30.
N.
3.
And
for
all
and
singular
such
other
of
the
Offences
before
mentioned
(
viz.
of
Transporting
or
Buying
Fish
on
the
Sea
purveyance
,
Fish
.
&c.
)
as
shall
be
done
in
the
Land
,
or
within
any
Haven
or
Peer
,
all
Iustices
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
or
Authorities
,
shall
have
full
Power
and
Authority
to
inquire
of
the
Offenders
of
this
Act
,
(
viz.
of
Increase
of
the
Navy
)
as
well
by
the
Oaths
of
twelve
men
as
otherwise
by
Information
,
and
thereupon
to
hear
and
determine
the
same
.
§
31.
N.
1.
And
if
any
person
shall
be
presented
,
Process
.
&c.
within
the
limits
of
their
Authorities
,
or
any
Information
given
to
them
of
any
Offender
of
this
Act
,
that
then
they
shall
have
full
Power
and
Authority
upon
any
such
Presentment
or
Information
,
to
make
Process
against
the
Offenders
of
this
Act
,
like
as
is
commonly
used
upon
Indictment
of
Trespass
.
§
33.
N.
1.
And
all
such
Forfeitures
as
according
to
the
Tenor
of
this
Act
shall
be
determinable
before
the
Iustices
of
the
Peace
,
Forfeiture
.
shall
be
to
the
use
of
the
Queens
Majesty
her
Heirs
and
Successors
.
§
43.
N.
1.
Provided
always
,
and
be
it
further
Enacted
,
Admiral
.
that
no
Fisher-man
using
or
haunting
the
Sea
,
shall
be
taken
by
the
Queens
Majesties
Commission
to
serve
her
Highness
as
a
Mariner
upon
the
Sea
,
but
that
the
said
Commission
be
first
brought
by
her
Highnesses
Taker
or
Takers
to
two
Iustices
of
Peace
next
inhabiting
to
the
said
Sea-Coasts
,
Towns
or
other
Places
where
the
said
Mariners
are
so
to
be
taken
,
to
the
intent
the
siad
Iustices
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
as
is
aforesaid
.
C.
9.
§
9.
N.
1.
And
be
it
also
Enacted
,
Oath
.
&c.
that
as
well
the
Iudge
and
Iudges
of
every
of
the
said
Courts
where
any
such
Suit
(
viz.
for
Perjury
or
Subornation
,
&c.
is
or
shall
be
,
and
whereupon
any
such
Perjury
is
or
shall
happen
to
be
committed
,
as
also
the
Iustices
of
Assizes
and
Goal-delivery
in
their
several
Circuits
,
and
the
Iustices
of
the
Peace
in
every
County
within
this
Realm
or
in
Wales
,
at
their
Quarter
Sessions
both
within
the
Liberties
and
without
,
shall
have
full
Power
and
Authority
by
vertue
hereof
,
to
inquire
of
all
and
every
the
Defaults
and
Offences
perpetrated
commited
or
done
contrary
to
this
Act
,
by
Inquisition
,
Presentment
,
Bill
or
Information
before
them
exhibited
or
otherwise
,
lawfully
to
hear
and
determine
the
same
,
and
thereupon
to
give
Iudgment
,
award
Process
and
Execution
of
the
same
,
according
to
the
Course
of
the
Laws
of
this
Realm
.
Licence
.
In
Consideration
whereof
,
C.
12.
§
4
N.
1.
(
viz.
of
the
Decay
of
Husbandry
and
high
Prices
by
too
great
number
.
&c.
)
be
it
Enacted
&c.
that
no
Drover
of
Cattle
,
Badger
,
Lader
,
Kidder
,
Carrier
,
Buyer
or
Transporter
of
Corn
or
Grain
,
Butter
and
Cheese
be
,
&c.
licenced
,
admitted
,
assigned
or
allowed
to
those
Offices
or
Doings
,
or
to
any
of
them
,
but
only
in
the
general
and
open
quarter
Sessions
of
the
Peace
,
to
be
holden
in
the
Shire
where
such
person
,
&c.
shall
dwell
,
and
hath
or
shall
have
dwelled
there
by
the
space
of
three
years
next
before
the
Test
of
his
said
Licence
,
5
&
6
Ed.
6.
Cap.
14.
§
N.
Justices
.
Which
said
Licences
and
every
of
them
,
§
5.
N.
1.
shall
bear
date
of
the
Day
and
Place
where
the
said
Sessions
shall
be
holden
,
and
shall
be
signed
and
sealed
with
the
proper
Hands
and
Seals
of
three
of
the
said
Iustices
of
the
Peace
being
present
at
the
sa●●e
Sessions
,
at
the
least
,
whereof
one
to
be
of
the
Quorum
.
Process
.
Be
it
also
Enacted
,
§
8.
N.
1.
&c.
that
the
Iustices
of
Peace
in
every
County
within
this
Realm
or
Wales
at
the
quarter
Sessions
,
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
,
to
inquire
,
hear
and
determine
all
and
every
the
Defaults
and
Offences
perpetrated
committed
or
done
contrary
to
this
Act
within
the
County
where
any
such
Sessions
shall
be
kept
,
by
Inquisition
,
Presentment
,
Bill
or
Information
before
them
exhibited
,
and
by
Examination
of
two
lawful
Witnesses
,
or
by
any
of
the
same
ways
or
means
by
the
discretion
of
the
said
Iustices
,
and
to
make
Process
there
upon
as
though
they
were
indicted
before
them
by
Inquisition
or
by
Verdict
of
twelve
men
or
more
.
Amercements
.
And
upon
the
Conviction
of
the
Offender
by
Information
or
Suit
of
any
other
then
the
Queen
to
make
Extracts
of
the
Moity
of
the
Forfeitures
to
be
levyed
to
the
Queens
use
,
§
8.
N.
2.
as
they
use
to
do
of
other
Fines
and
Amercements
grown
in
the
Sessions
of
the
Peace
,
and
to
award
Execution
of
the
other
Moity
for
the
Complainant
or
Informer
against
the
Offender
by
Fieri
facias
or
Capias
,
as
the
Queens
Iustices
at
Westminster
may
do
.
Forfeiture
.
And
if
any
such
Conviction
or
Attainder
shall
hereafter
happen
to
be
at
the
Queens
Suit
only
,
§
8.
N.
3.
that
then
the
whole
Forfeitures
to
be
extracted
and
levyed
to
the
Queens
use
only
.
Ways
.
And
be
it
further
Enacted
,
&c.
that
,
C.
13.
§
8.
N.
1.
&c.
all
and
every
such
Supervisor
and
Supervisors
for
the
time
being
,
(
viz.
of
High-ways
)
within
one
Month
next
after
Default
or
Offence
made
,
done
or
committed
by
any
person
,
&c.
contrary
to
the
Provision
,
&c.
(
viz
of
2
&
3
Ph.
&
Mar.
Cap.
8.
)
or
contrary
to
the
Provision
,
&c.
of
this
present
Act
,
shall
present
every
such
Default
or
Offence
to
the
next
Iustice
of
Peace
for
the
time
being
,
(
viz.
on
Forfeit
of
40
s.
)
Certificate
.
And
that
every
such
Iustice
of
Peace
to
whom
any
such
Default
or
Offence
(
viz.
of
High-ways
)
shall
be
presented
as
is
aforesaid
,
§
8.
N.
3.
shall
certify
the
same
Presentment
so
to
him
made
,
at
the
next
general
Sessions
within
the
said
County
then
next
after
to
be
holden
.
Certificate
.
Vpon
Pain
to
forfeit
for
not
certifying
of
every
such
Presentment
of
every
such
Default
or
Offence
as
is
aforesaid
,
§
8.
N.
4
100
l.
Process
.
And
that
the
Iustices
of
Peace
of
every
County
where
the
said
Defaults
or
Offences
(
viz.
of
High-ways
)
shall
be
committed
,
§
8.
N.
5.
shall
immediately
have
Authority
to
inquire
of
any
such
Default
or
Offence
committed
within
the
limits
of
their
Commission
at
every
their
quarter
Sessions
,
and
to
assess
such
Fines
for
the
same
,
as
they
or
two
of
them
,
whereof
one
to
be
of
the
Quorum
,
shall
think
meet
.
●ustices
.
And
be
it
further
Enacted
,
&c.
that
every
Iustice
of
Peace
,
§
9.
N.
1
shall
have
Authority
by
this
Statute
of
his
own
Proof
,
Knowledge
in
the
open
general
Sessions
,
to
make
Presentment
of
any
High-way
not
well
and
sufficiently
repared
and
amended
,
or
of
any
other
Default
or
Offence
committed
and
done
within
the
County
and
limits
of
his
Commission
contrary
to
the
Provision
and
Intent
of
this
Statute
,
or
of
,
&c.
(
viz.
2
&
3
Ph.
&
Mar.
Cap.
8.
)
§
9.
N.
2.
And
that
every
such
Presentment
made
by
any
such
Iustice
of
Peace
upon
his
own
knowledge
as
is
aforesaid
,
Inquest
.
shall
be
as
good
and
of
the
same
force
,
&c.
as
if
the
same
had
been
presented
,
found
and
adjudged
by
the
Oath
of
twelve
men
.
§
9.
N.
3.
And
that
for
every
such
Default
so
presented
as
is
aforesaid
,
Amercement
.
the
Iustices
of
the
Peace
of
the
said
County
,
shall
immediately
at
the
said
general
Sessions
,
have
Authority
to
assess
such
Fines
as
to
them
or
two
of
them
,
whereof
the
one
to
be
of
the
Quorum
,
shall
be
thought
meet
.
§
9.
N.
4.
Saving
every
person
,
Pleading
.
&c.
that
shall
be
touched
by
any
such
Presentment
,
to
have
his
or
their
lawful
Traverse
to
the
same
Presentment
,
as
they
might
have
upon
any
Indictment
of
Trespass
,
or
forcible
Entry
by
the
Laws
of
this
Realm
before
the
making
of
this
Statute
.
§
10.
N.
1.
And
that
all
such
Fines
,
Forfeitures
.
Forfeitures
and
Amercements
to
be
assessed
by
the
said
Iustices
of
the
Peace
at
their
general
Sessions
in
any
of
the
Cases
aforesaid
,
shall
be
Estreated
by
the
Clerk
of
the
Peace
of
the
said
County
,
and
shall
be
levyed
in
such
m●nner
and
form
,
and
imployed
to
such
uses
and
intents
as
in
the
said
Statute
,
&c.
(
viz.
2
&
3
Ph.
&
Mar.
Cap.
8.
§
6.
N.
1.
)
is
limited
and
appointed
.
C.
15.
§
4.
N.
1.
And
be
it
further
Enacted
,
&c.
that
all
and
every
Iustice
of
Assize
,
Slander
.
&c.
of
Oyer
and
Determiner
,
and
Iustice
of
Peace
,
shall
have
full
Power
and
Authority
by
vertue
hereof
,
to
inquire
,
hear
and
determine
all
and
every
Offence
,
&c.
(
viz.
of
false
Prophesies
on
occasion
of
War
,
&c.
)
committed
or
done
within
the
limits
of
their
Commission
,
contrary
to
the
Tenor
and
Meaning
of
this
Act.
C.
21.
§
6.
N.
1.
And
be
it
further
Enacted
,
Forest
.
&c.
that
the
Iustices
of
Oyer
and
Determiner
,
&c.
of
Assize
in
their
Circuits
,
and
Iustices
the
of
Peace
and
Goal-delivery
in
their
Sessions
,
shall
by
vertue
hereof
,
have
Power
and
Authority
to
inquire
,
hear
and
determine
all
and
singular
the
Offences
,
&c.
(
viz.
of
cutting
Heads
or
Dams
of
Ponds
,
breaking
Parks
or
Ground
inclosed
,
stealing
Fish
,
Hawks
or
Eggs
,
&c.
)
and
to
make
and
award
Process
thereupon
,
as
well
upon
Indictments
taken
before
them
,
as
by
Bill
of
Complaint
,
Information
or
any
other
Action
,
in
which
Suit
or
Action
,
no
Essoyn
,
Wager
of
Law
nor
Protection
shall
be
allowed
.
8
Eliz.
Cap.
3.
§
4.
N.
1.
And
be
it
further
Enacted
,
&c.
that
the
Iustices
of
Oyer
and
Terminer
,
Cattle
.
&c.
of
Goal-delivery
,
and
Iustices
of
the
Peace
in
every
County
and
Shire
within
this
Realm
of
England
and
Wales
,
and
other
the
Queens
Majesties
Dominions
,
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
to
inquire
of
every
Offender
,
&c.
(
viz.
that
Ships
any
Sheep
to
be
conveyed
out
of
any
the
Queens
Dominions
,
&c.
)
contrary
to
the
form
and
effect
of
this
Act
,
and
to
hear
and
determine
,
&c.
according
to
the
Course
of
the
Laws
of
this
Realm
,
C.
9.
§
5.
N.
1.
And
where
such
Vessels
(
Viz.
Barrel
,
Measures
.
Kilderkin
or
Firkin
for
Ale
or
Beer
)
shall
be
made
or
sold
out
of
any
City
,
Borough
or
Town
Corporate
,
the
Prices
thereof
shall
be
rated
and
taxed
by
the
Iustices
of
Peace
or
the
more
part
of
them
,
being
present
in
the
general
Quarter
Sessions
,
yearly
next
after
Easter
,
at
such
reasonable
prices
as
they
shall
think
reasonable
by
their
discretions
,
the
said
Statute
,
&c.
(
viz.
23.
H.
8.
Cap.
4.
§
5.
N.
1.
)
or
any
other
Law
,
&c.
notwithstanding
.
13
Eliz.
Cap.
2.
§
8.
N.
1.
Provided
nevertheless
,
and
be
it
further
Enacted
,
Pope
.
&c.
that
if
any
person
to
whom
any
such
Agnus
Dei
or
other
the
things
aforesaid
,
(
viz.
Crosses
,
Pictures
,
Beads
,
&c.
)
shall
be
tendred
and
offered
to
be
delivered
,
shall
apprehend
the
party
so
offering
the
same
,
and
bring
him
to
the
next
Iustice
of
the
Peace
of
that
Shire
where
such
tender
shall
be
made
,
if
he
shall
be
of
power
and
able
so
to
do
,
or
for
lack
of
such
ability
,
shall
within
the
space
of
three
days
next
after
such
Offer
made
,
&c.
disclose
the
Name
and
Names
of
such
person
,
&c.
as
so
shall
make
the
same
Offer
,
and
the
Dwelling-place
or
Place
or
Resort
of
the
same
person
,
&c.
(
which
he
shall
endeavour
himself
to
know
by
all
the
means
and
ways
he
can
)
to
the
Ordinary
of
the
Diocess
,
or
to
any
Iustice
of
Peace
of
that
Shire
where
such
person
,
&c.
to
whom
such
offer
shall
be
made
,
&c.
shall
be
resiant
.
Days
.
And
also
if
such
person
,
&c.
to
whom
such
offer
shall
be
made
,
§
8.
N.
2.
shall
happen
to
receive
any
such
Agnus
Dei
,
&c.
and
shall
within
the
space
of
one
day
next
after
such
receit
,
deliver
the
same
to
any
Iustice
of
Peace
within
the
same
Shire
,
where
the
Party
so
receiving
shall
be
then
resiant
,
or
shall
happen
to
be
.
Forfeiture
.
That
then
every
such
person
and
persons
doing
any
the
Acts
or
Things
in
this
Provision
above
mentioned
,
in
form
above
declared
,
§
8.
N.
3
shall
not
by
force
of
this
Statute
incur
any
Danger
or
Penalty
,
&c.
Justices
.
Provided
also
,
and
be
it
further
Enacted
,
§
10.
N.
1.
&c.
that
if
any
Iustice
of
Peace
to
whom
any
Matter
or
Offence
before
mentioned
,
shall
be
uttered
,
shewed
or
declared
as
is
aforesaid
,
do
not
within
the
space
of
fourteen
days
next
after
it
shall
be
to
him
shewed
or
uttered
,
signify
or
declare
the
same
to
some
one
of
the
Queens
Majesties
Privy-Council
,
that
then
the
same
Iustice
of
Peace
shall
incur
the
Danger
,
Pain
and
Forfeiture
Provided
by
the
said
Statute
,
&c.
(
viz.
16
Rich.
2.
Cap.
5.
§
2.
N.
6.
)
Usury
.
And
be
it
further
Enacted
,
C.
8.
§
6.
N.
1.
that
Iustices
of
Oyer
and
Terminer
and
Iustices
of
Assize
in
their
Circuits
,
Iustices
of
Peace
in
their
Sessions
,
&c.
shall
also
have
full
Power
and
Authority
to
inquire
,
hear
and
determine
of
all
and
singular
Offences
(
viz.
of
Usury
)
committed
against
the
said
Statute
(
viz.
37
H.
8.
Cap.
9.
)
now
revived
.
Sewers
.
And
that
the
Iustices
of
Peace
in
the
Shire
,
C.
9.
§
2.
N.
2.
&c.
where
the
same
Laws
,
Ordinances
and
Constitutions
,
(
viz.
of
Sewers
)
are
to
be
executed
within
their
several
Commissions
or
Limits
,
or
six
of
them
,
whereof
two
to
be
of
the
Quorum
,
shall
have
Power
and
Authority
by
the
space
of
one
whole
year
next
after
the
expiration
of
every
such
Commission
,
to
execute
the
same
Laws
,
Ordinances
and
Constitutions
and
every
of
them
,
as
fully
and
in
as
ample
manner
and
form
,
as
the
Commissioners
or
any
of
them
named
and
appointed
in
every
or
any
Commission
so
expired
,
might
or
should
have
done
to
all
Intents
and
Purposes
,
as
if
the
said
Commission
or
Commissions
had
continued
in
force
.
Justices
.
Provided
always
,
and
be
it
nevertheless
Enacted
,
§
3.
N.
1.
that
if
any
new
Commission
of
Sewers
shall
be
made
within
the
said
year
,
that
then
immediately
from
and
after
such
Commission
newly
made
and
published
,
the
Power
of
the
said
Iustices
of
Peace
and
every
of
them
in
any
wise
concerning
the
Execution
of
any
such
Laws
,
Ordinances
and
Constitutions
of
Sewers
,
shall
utterly
cease
,
any
thing
or
things
in
this
Act
to
the
contrary
expressed
,
in
any
wise
notwithstanding
.
Corn.
Provided
nevertheless
,
C.
13.
§
2.
N.
1.
that
neither
any
of
the
said
Presidents
and
Councils
,
nor
the
said
Iustices
of
Assize
,
nor
the
said
Iustices
of
Peace
,
&c.
shall
publish
any
their
Determinations
,
&c.
(
viz.
for
Permission
or
Prohibition
of
the
Transportation
of
Corn
)
until
the
same
shall
be
first
by
Writing
notified
to
the
Queens
Majesty
or
to
her
Privy-Council
,
and
by
her
Majesty
,
or
her
Privy-Council
shall
be
liked
or
allowed
.
Imprisonment
.
And
by
the
said
Iustice
or
Head-Officer
,
14.
Eliz.
Cap.
5.
§
2.
N.
3.
(
viz.
before
whom
sturdy
Beggar
,
&c.
above
fourteen
shall
be
brought
)
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
Iustices
of
Peace
of
that
County
or
three
of
them
,
at
their
general
Sessions
shall
be
appointed
.
Licence
.
Be
it
also
further
Provided
,
that
no
Licence
,
§
10.
N.
1
&c.
(
viz.
of
Pasport
or
to
beg
,
&c.
)
shall
give
any
manner
of
liberty
,
or
be
of
any
manner
of
force
,
but
only
in
the
Shire
whereof
the
Grantor
,
&c.
of
such
Licence
,
shall
be
Iustice
,
&c.
of
the
Peace
.
Taxes
.
And
that
done
,
(
viz.
the
numbe
of
Poor
registred
,
§
14.
N.
7
&c.
)
they
the
said
Iustices
,
Mayors
,
Sheriffs
,
Bailiffs
and
other
Officers
,
within
every
their
several
Commissions
,
&c.
shall
by
their
good
discretions
,
tax
and
assess
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
people
.
Account
.
And
further
be
it
Enacted
,
§
18.
N.
1.
that
the
said
Collectors
(
viz.
for
the
Poor
)
and
every
of
them
,
&c.
shall
make
their
just
Account
half
yearly
,
&c.
to
two
Iustices
of
the
Peace
dwelling
next
the
said
abiding
place
or
places
,
not
being
within
any
City
,
Borough
or
Town-Corporate
.
§
21.
N.
1.
Provided
,
&c.
and
be
it
further
Enacted
,
Poor
.
&c.
that
three
Iustices
of
Peace
,
whereof
one
to
be
of
the
Quorum
,
of
and
with
the
Surplusages
and
Forfeitures
(
the
said
Poor
,
&c.
provided
for
)
shall
by
their
discretions
in
such
convenient
place
,
&c.
within
their
said
Shires
as
they
shall
think
meet
,
place
and
settle
to
work
the
Rogues
and
Vagabonds
,
&c.
§
24.
N.
1.
And
be
it
further
Enacted
,
Justices
.
&c
that
three
Iustices
of
Peace
within
all
the
Shires
of
this
Realm
,
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
,
&c.
to
hear
and
determine
all
Causes
(
Except
Forfeitures
of
Justices
of
Peace
)
that
shall
come
in
question
by
reason
of
this
Act.
§
33.
N.
1.
Also
be
it
provided
,
that
if
any
,
Taxes
.
&c.
shall
find
him
or
her self
grieved
with
any
Taxation
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
Iustices
of
the
Bench
,
and
to
be
eased
of
their
excessive
charge
by
the
discretion
of
the
whole
Bench
or
the
most
part
of
them
.
18
Eliz.
C.
3.
§
2.
N.
2.
It
is
Ordained
,
&c.
that
two
Iustices
of
the
Peace
,
Bastardy
.
whereof
one
to
be
of
the
Quorum
,
in
or
next
unto
the
limits
where
the
Parish
Church
is
,
within
which
Parish
such
Bastard
shall
be
born
,
upon
examination
of
the
Cause
and
Circumstance
,
shall
and
may
by
their
discretion
,
take
order
as
well
for
the
punishment
of
the
Mother
and
reputed
Father
of
such
Bastard
Child
,
as
also
for
the
better
relief
of
every
such
Parish
in
part
or
in
all
,
39
Eliz.
Cap.
4.
§
1.
N.
1.
3
Car.
1.
Cap.
4.
(
5.
)
§
15.
N.
2.
§
2.
N.
3.
And
shall
and
may
likewise
by
like
descretion
,
Poor
.
take
order
for
the
keeping
of
every
such
Bastard
Child
,
by
charging
such
Mother
or
reputed
Father
with
the
payment
of
mony
weekly
,
or
other
sustentation
for
the
relief
of
such
Child
,
in
such
wise
as
they
shall
think
meet
and
convenient
.
§
2.
N.
4.
And
if
after
the
same
Order
by
them
subscribed
under
their
hands
,
Imprisonment
.
any
the
said
persons
(
viz
Mother
or
reputed
Father
)
upon
notice
thereof
,
shall
not
for
their
part
observe
and
perform
the
said
Order
,
that
then
every
such
party
so
making
default
in
not
performing
of
the
said
Order
,
to
be
committed
to
Ward
to
the
common
Goal
.
§
5.
N.
3.
And
that
likewise
in
every
other
Market-Town
or
other
Place
(
viz.
not
Corporate
)
within
every
County
of
this
Realm
,
Justices
.
whereto
the
Iustices
of
Peace
or
greater
part
of
them
,
in
their
general
Sessions
next
after
Easter
,
within
every
limit
shall
be
thought
meet
and
convenient
,
a
like
competent
store
and
stock
of
Wool
,
Hemp
,
Flax
,
Iron
or
other
Stuff
as
the
Country
is
most
meet
for
,
by
Appointment
and
Order
of
the
said
Iustices
of
Peace
,
or
the
greater
part
of
them
in
their
general
Sessions
,
of
all
the
Inhabitants
within
their
several
Authorities
,
to
be
taxed
,
levyed
and
gathered
,
shall
be
provided
(
viz.
for
the
Poor
.
)
§
6.
N.
1
And
moreover
be
it
Ordained
,
Poor
.
&c.
that
within
every
County
of
this
Realm
one
,
two
or
more
abiding
houses
or
places
convenient
in
some
Market-Town
,
or
Corporate-Town
or
other
place
,
&c.
by
Purchase
,
Lease
,
Building
or
otherwise
,
by
the
appointment
and
order
of
the
Iustices
of
Peace
or
the
more
part
of
them
in
their
said
general
Sessions
(
of
Inhabitants
within
their
several
Authorities
,
to
be
taxed
,
levyed
and
gathered
)
shall
be
provided
,
and
called
the
house
or
houses
of
Correction
.
§
7.
N.
1.
And
be
it
also
further
Enacted
,
Officer
.
&c.
that
the
said
Iustices
of
Peace
or
the
more
part
of
them
in
their
said
general
Sessions
in
every
County
,
shall
and
may
appoint
from
time
to
time
,
persons
which
shall
be
Overseers
of
every
such
house
of
Correction
.
&c.
§
7.
N
2.
And
shall
also
,
Taxes
.
&c.
appoint
others
for
the
gathering
of
such
mony
as
shall
be
taxed
upon
any
person
,
&c.
towards
the
maintenance
of
the
said
houses
of
Correction
.
§
15.
N.
1.
Provided
always
,
and
be
it
Enacted
,
Justices
.
&c.
that
if
any
Iustice
of
the
Peace
assembled
at
any
the
said
Sessions
next
after
Easter
,
shall
from
thence
depart
before
conference
had
touching
the
Execution
of
this
Statute
,
he
shall
for
every
such
Offence
forfeit
5
l.
to
be
recovered
and
levyed
as
a
Fine
,
upon
Indictment
and
Conviction
of
Trespass
,
&c.
Information
And
that
Iustices
of
Oyer
and
Terminer
,
C.
5.
§
4.
N.
4.
Iustices
of
Assize
in
their
Circuits
and
Iustices
of
Peace
in
their
quarter
Sessions
,
shall
have
full
Power
and
Authority
to
hear
and
determine
,
all
Offences
to
be
committed
or
done
(
viz.
in
Suits
upon
any
Penal
Statutes
)
contrary
to
the
true
intent
and
meaning
of
this
present
Act.
Ways
.
And
be
it
further
Enacted
,
&c.
that
all
and
every
Iustices
of
Assize
,
C.
10.
§
9.
N.
1.
Iustices
of
Oyer
and
Terminer
,
Iustices
of
Peace
in
the
Sessions
and
Stewards
of
Leets
and
Law-days
in
their
Leets
and
Law-days
,
shall
hear
and
determine
all
and
every
Offence
,
Matter
and
Cause
that
shall
grow
,
come
or
rise
by
reason
of
this
Statute
.
(
viz.
of
amending
High-ways
.
)
Pope
.
And
be
it
likewise
Enacted
,
23
Eliz.
C.
1.
§
8.
N.
1.
that
all
and
every
Offences
against
this
Act
,
or
against
the
Acts
,
&c.
(
viz.
1
Eliz.
Cap.
1.
&
5
Eliz.
Cap.
1.
&
13.
Eliz.
Cap.
2.
&c.
)
touching
acknowledging
her
Majesties
supreme
Government
in
Causes
Ecclesiastical
,
or
other
matters
touching
the
Service
of
God
,
or
coming
to
Church
,
or
Establishment
of
true
Religion
in
this
Realm
,
shall
and
may
be
inquirable
,
as
well
before
Iustices
of
Peace
as
other
Iustices
named
in
the
same
Statutes
,
within
one
year
and
a
day
after
every
such
Offence
committed
,
any
thing
,
&c.
notwithstanding
.
Justices
.
And
Iustices
of
Peace
in
their
open
quarter
Sessions
of
Peace
,
§
9.
N.
2.
shall
have
Power
by
vertue
of
this
Act
,
to
inquire
,
hear
and
determine
of
all
Offences
against
this
Act
,
except
Treason
and
misprision
of
Treason
.
Slander
.
And
also
that
all
Iustices
of
Peace
as
well
within
Liberties
as
without
,
C.
2.
§
8.
N.
1.
within
the
limits
of
their
several
Commissions
in
their
general
or
quarter
Sessions
,
shall
by
vertue
hereof
,
have
full
Power
and
Authority
to
inquire
of
all
and
every
the
Offences
aforesaid
,
(
viz.
of
false
News
and
Prophesies
against
the
Queen
,
&c.
)
and
to
cause
the
Offender
,
&c.
therein
,
to
be
indicted
without
any
further
proceeding
therein
.
Imprisonment
.
And
that
also
every
Iustice
of
Peace
within
the
limits
of
his
Commission
,
§
8.
N.
2.
shall
have
full
Power
and
Authority
to
commit
any
person
being
vehemently
suspected
of
any
of
the
said
Offences
,
to
Ward
,
unless
he
do
put
in
Sureties
to
make
his
personal
appearance
at
the
next
quarter
Sessions
or
Goal-delivery
,
&c.
Days
.
Provided
always
,
and
be
it
Enacted
,
&c.
that
no
manner
of
person
,
§
10.
N.
1.
&c.
shall
be
molested
or
impeached
for
any
the
Offences
concerning
speaking
or
reporting
,
&c.
unless
he
or
they
be
thereof
accused
within
one
Month
next
after
such
words
so
spoken
or
reported
,
before
some
one
Iustice
of
the
Peace
,
and
the
Witnesses
therein
to
be
used
,
named
to
the
same
Iustice
.
Proof
.
And
the
same
Accusation
and
Witnesses
Names
,
§
10.
N.
2.
put
in
Writing
by
the
said
Iustice
,
and
certified
at
the
next
quarter
Sessions
or
Goal-delivery
.
Drapery
.
For
Reformation
,
&c.
be
it
Ordained
,
C.
9.
§
2.
N.
1.
&c.
that
all
such
Log-wood
alias
Block-wood
,
in
whose
hands
soever
the
same
shall
be
found
,
&c.
shall
be
forfeited
and
openly
burned
by
Authority
of
the
Mayor
,
&c
or
of
two
Iustices
of
Peace
of
the
County
where
it
shall
be
found
.
Fowl
.
The
same
Bond
(
viz.
not
to
take
Fesant
or
Partridge
in
two
years
)
to
be
taken
by
some
Iustice
of
Peace
of
the
County
where
the
said
Offence
(
viz.
of
undue
taking
with
Nets
,
&c.
)
shall
be
committed
,
C.
10.
§
2.
N.
6.
Justices
.
Provided
always
,
and
be
it
further
Enacted
,
§
5.
N.
1.
&c.
that
the
Iustices
of
Assizes
in
their
Circuits
,
and
Iustices
of
Peace
in
every
Shire
,
County
and
Town-Corporate
within
this
Realm
,
in
their
Sessions
within
their
several
limits
of
their
Commission
,
and
Stewards
of
Leets
,
Liberties
and
Law-days
within
their
several
Iurisdictions
,
shall
and
may
by
vertue
hereof
,
hear
,
inquire
and
determine
of
all
and
every
Offence
or
Offences
(
viz.
of
taking
Fesant
or
Partridge
in
the
Night
with
Nets
or
before
Corn
Shockt
,
&c.
)
which
shall
be
committed
within
the
precinct
of
their
Liberties
,
Iurisdictions
or
Franchises
against
the
Tenor
of
this
Act.
Leet
.
And
further
,
§
5.
N.
2.
that
every
Iustice
of
the
Peace
within
every
County
of
this
Realm
,
shall
within
the
limits
of
his
Commission
,
have
Power
and
Authority
by
vertue
hereof
,
to
examine
all
Offenders
in
the
Premises
(
viz.
taking
Fesant
or
Partridge
in
the
Night
with
Nets
or
before
Corn
Shockt
)
within
the
County
where
he
is
or
shall
be
Iustice
,
if
so
be
that
the
said
Offence
or
Offences
shall
not
before
be
heard
or
determined
by
the
Iustices
of
Assize
in
their
Circuits
,
or
by
the
Stewards
of
Leets
,
Liberties
or
Law-days
within
their
said
several
Iurisdictions
.
§
5.
N.
3.
And
also
take
Bond
with
good
Sureties
for
his
and
their
Appearance
that
shall
so
offend
,
Recogniz
.
to
appear
at
the
next
general
Sessions
of
the
Peace
to
be
holden
in
the
same
County
where
the
same
Offence
shall
be
committed
,
to
answer
the
said
Offence
,
and
to
pay
the
Penalties
or
receive
the
Punishment
by
this
Act
appointed
or
limited
.
27
Eliz.
C.
2.
§
13.
N.
2.
And
that
if
such
Iustice
of
Peace
,
Pope
.
&c.
to
whom
such
matter
shall
be
discovered
,
(
viz
that
Jesuit-Priest
,
&c.
remain
in
this
Realm
)
do
not
within
eight
and
twenty
days
then
next
following
give
Information
thereof
to
some
of
the
Queens
Privy-Council
,
or
to
the
Presedent
of
the
Queens
Council
established
in
the
North
,
or
in
the
Marches
of
Wales
for
the
time
being
,
that
then
he
or
they
so
offending
,
shall
for
every
such
Offence
forfeit
the
sum
of
two
hundred
Marks
.
C.
7.
§
3.
N.
1.
And
be
it
further
Enacted
,
&c.
that
Iustices
of
Oyer
and
Terminer
,
Inquest
.
&c.
Iustices
of
Assize
,
&c.
and
Iustices
of
Peace
as
well
within
Liberties
as
without
,
within
the
limits
of
their
Commission
,
shall
by
vertue
of
this
present
Act
,
have
full
Power
and
Authority
to
inquire
,
hear
and
determine
all
and
evrey
the
Offences
aforesaid
,
(
viz.
Abuses
in
collecting
Issues
lost
by
Jurors
of
the
same
Name
not
summoned
)
committed
,
&c.
within
the
several
limits
,
circuit
and
precinct
of
their
several
Commission
,
&c.
and
to
award
forth
Process
of
Execution
for
the
levying
of
the
Forfeitures
C.
12.
§
6.
N.
1.
And
be
it
further
Enacted
,
Sheriffs
.
&c.
that
the
Iustices
of
Assize
and
Iustices
of
Peace
in
their
open
Sessions
,
shall
have
full
Power
within
the
limits
of
their
Authority
,
to
hear
and
determin
the
Defaults
done
contrary
to
this
Act
,
(
viz.
of
Under-Sheriffs
,
Bailiffs
,
Clerks
,
&c.
not
taking
their
Oaths
,
&c.
)
as
well
by
Presentment
and
Information
as
Indictment
.
C.
13.
§
2.
N.
7.
And
that
the
same
Moity
(
viz.
against
Hundreds
that
do
not
make
Fresh-Suit
after
Robbery
)
shall
and
may
be
recovered
by
Action
of
Debt
,
Bill
,
Fresh
suit
.
Plaint
or
Information
in
any
of
the
Queens
Majesties
Courts
of
Record
at
Westminster
,
by
and
in
the
Name
of
the
Clerk
of
the
Peace
for
the
time
being
,
of
or
in
every
such
County
within
this
Realm
where
any
such
Robbery
and
Recovery
by
Party
or
Parties
robbed
shall
be
,
without
naming
the
Christian-name
or
Sirname
of
the
said
Clerk
of
the
Peace
.
§.
5.
N.
1.
For
Remedy
,
Execution
.
&c.
(
viz.
of
Contribution
for
Party
on
whom
Execution
is
done
,
&c.
)
be
it
Enacted
,
&c.
that
after
Execution
of
Dammages
by
the
party
or
parties
so
Robbed
had
,
it
shall
and
may
be
lawful
upon
complaint
made
by
the
party
or
parties
so
charged
,
to
and
for
two
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
of
the
same
County
,
inhabiting
within
the
said
Hundred
or
near
unto
the
same
where
any
such
Execution
shall
be
had
,
to
assess
and
tax
rateably
and
proportionably
according
to
their
discretions
,
all
and
every
the
Towns
,
Parishes
,
Villages
and
Hamlets
,
as
well
of
the
said
Hundred
where
any
such
Robbery
shall
be
committed
,
as
of
the
Liberties
within
the
said
Hundred
,
to
and
towards
an
equal
Contribution
to
be
had
and
made
for
the
Relief
of
the
Inhabitant
or
Inhabitants
against
whom
the
Party
or
Parties
robbed
before
that
time
had
his
or
their
Execution
.
C.
24.
§
2.
N.
1.
For
Remedy
,
&c.
be
it
Enacted
,
Sewers
.
that
&c.
the
Iustices
of
Peace
within
the
County
of
Norfolk
,
shall
and
may
yearly
at
any
general
Sessions
to
be
holden
within
the
said
County
,
for
and
towards
the
making
and
amening
of
the
said
Sea-banks
or
Sea-works
now
being
,
or
that
hereafter
shall
be
in
ruin
or
decay
,
limit
and
appoint
so
many
of
the
aforesaid
Day-works
(
viz.
by
2
&
3
Ph.
&
Mar.
Cap.
8.
&
5
Eliz.
Cap.
13.
§
N.
&
18
Eliz.
Cap.
10.
§
N.
Appointed
for
the
Amendment
of
High-ways
)
as
by
their
discretions
shall
be
thought
superfluous
and
not
needful
to
be
imployed
towards
the
Amendment
of
the
aforesaid
High-ways
within
three
Miles
of
the
said
Sea-banks
or
Sea-works
,
which
shall
needfully
require
any
such
reparation
or
amendment
.
Information
And
that
all
Suits
,
31
Eliz.
C.
5.
§
7.
N.
2.
&c
to
be
persued
upon
any
Statute
for
using
any
unlawful
Game
,
or
for
not
using
any
lawful
Game
.
Games
.
Or
for
not
having
Bows
and
Arrows
according
to
the
Law
.
§
7.
N.
3.
Apprentice
.
Or
for
using
any
Art
or
Mistery
in
which
the
Party
hath
not
been
brought
up
,
according
to
the
Statute
(
viz.
5
Eliz.
Cap.
4.
§
31.
N.
1.
§
7.
N.
4.
)
in
that
behalf
made
,
Justices
.
Shall
be
sued
and
prosceuted
in
the
general
quarter
Sessions
of
the
Peace
or
Assizes
of
the
same
County
where
the
Offence
shall
be
committed
,
or
otherwise
inquired
of
,
heard
and
determined
in
the
Assizes
,
§
7.
N.
5.
or
general
Quarter
Sessions
of
the
Peace
of
the
same
County
where
such
Offence
shall
be
committed
,
or
in
the
Leet
within
which
it
shall
happen
and
not
in
any
wise
out
of
the
same
County
where
such
Offence
shall
happen
or
be
committed
,
Poor
.
And
be
it
further
Enacted
,
&c.
that
all
Iustices
of
Assizes
,
C.
7.
§
4.
N.
1.
Iustices
of
Peace
in
their
open
Sessions
and
every
Lord
within
the
Precinct
of
his
Leet
and
no
others
,
shall
have
full
Power
and
Authority
within
their
several
Limits
and
Iurisdictions
,
to
inquire
of
,
hear
and
determine
all
Offences
contrary
to
this
present
Act
,
(
viz.
of
Cottages
)
as
well
by
Indictments
,
as
otherwise
by
Presentment
or
Information
.
Execution
.
And
to
award
Execution
for
the
levying
of
the
several
Forfeitures
,
§
4.
N.
2.
&c.
by
Fieri
facias
,
Elegit
Capias
,
or
otherwise
as
the
Cause
shall
require
.
Poor
.
Nor
(
viz.
this
Statute
shall
not
extend
)
to
any
Cottage
to
be
made
,
§
6.
N.
4.
which
for
any
just
respect
upon
Complaint
to
the
Iustices
of
Assize
at
the
Assizes
,
or
to
the
Iustices
of
Peace
at
the
Quarter
Sessions
,
be
decreed
to
continue
for
Habitation
,
or
for
and
during
so
long
time
only
as
by
such
Decree
shall
be
altered
and
limited
.
Force
.
Be
it
Ordained
,
Declared
,
and
Enacted
,
&c.
(
viz.
on
8
H.
6.
Cap.
9.
C.
11.
§
3.
N.
3.
§
7.
N.
1.
)
that
no
restitution
upon
any
Indictment
of
forcible
Entry
or
holding
with
force
,
be
made
to
any
person
or
persons
,
if
the
person
or
persons
so
indicted
hath
had
the
Occupation
,
or
hath
been
in
quiet
Possession
for
the
space
of
three
whole
years
together
next
before
the
day
of
such
Indictment
so
found
,
and
his
,
her
or
their
Estate
or
Estates
therein
not
ended
or
determined
.
Restitution
.
Which
the
Party
indicted
shall
and
may
alledge
for
stay
of
Restitution
,
§
3.
N.
4.
and
Restitution
to
stay
until
that
be
tryed
,
if
the
other
will
deny
or
traverse
the
same
.
Market
Overt
.
The
one
half
of
all
which
Forfeitures
(
viz
of
not
Tolling
,
C.
12.
§
2.
N.
9.
or
Vouching
or
Entring
Sale
of
Horses
in
Market
,
&c.
)
to
be
to
the
Queens
Majesty
,
her
Heirs
and
Successors
,
and
the
other
half
to
him
or
them
that
will
sue
for
the
same
,
before
the
Iustices
of
Peace
,
or
in
any
of
her
Majesties
ordinary
Courts
of
Record
,
by
Bill
,
Plaint
,
Action
of
Debt
or
Information
,
in
which
no
Essoyn
or
Protection
shall
be
allowed
.
Cattle
.
And
be
it
further
Enacted
,
§
3.
N.
1.
that
the
Iustices
of
Peace
in
every
Place
and
County
,
as
well
within
Liberties
as
without
,
shall
have
Authority
in
their
Sessions
within
the
limits
of
their
Authority
and
Commission
,
to
inquire
,
hear
and
determine
all
Offences
against
this
Statute
(
viz.
of
selling
Horses
in
Fairs
and
Markets
)
as
they
may
do
any
other
matter
tryable
before
them
.
Pope
.
And
that
the
Iustices
of
Peace
before
whom
any
such
Abjuration
shall
happen
to
be
made
,
&c.
(
viz.
by
Party
absent
a
Month
from
Church
,
35
Eliz.
C.
1.
§
2.
N.
3.
or
at
Conventicle
,
&c.
)
shall
cause
the
same
presently
to
be
entred
of
Record
before
them
,
and
shall
certify
the
same
to
the
Iustices
of
Assizes
and
Goal-delivery
of
the
County
,
at
the
next
Assizes
or
Goal-delivery
to
be
holden
in
the
same
County
.
Pope
.
That
in
every
such
Case
,
C.
2.
§
8.
N.
4.
(
viz.
where
a
restrained
Papist
exceeds
five
Miles
of
Home
,
and
is
unable
to
pay
Fine
,
and
doth
not
reform
)
every
such
Offender
being
thereunto
warned
or
required
,
by
any
two
Iustices
of
Peace
or
Coroner
of
the
same
County
where
such
Offender
shall
then
be
,
shall
upon
his
or
their
Corporal
Oath
before
any
two
Iustices
of
the
Peace
or
Coroner
of
the
same
County
,
abjure
this
Realm
of
England
and
all
other
the
Queens
Majesties
Dominions
for
ever
.
Justices
.
And
that
every
Iustice
of
Peace
and
Coroner
before
whom
any
such
Abjuration
shall
happen
to
be
made
as
is
aforesaid
,
§
9.
N.
1.
shall
cause
the
same
presently
to
be
entred
of
Record
before
them
,
and
shall
certify
the
same
to
the
Iustices
of
Assizes
or
Goal-delivery
of
the
said
County
at
the
next
Assizes
or
general
Goal-delivery
to
be
holden
in
the
same
County
.
C.
4.
§
1.
N.
1
,
Be
it
Enacted
,
Poor
.
&c.
that
every
Parish
within
this
Realm
of
England
and
Wales
,
shall
be
charged
to
pay
weekly
such
a
sum
of
mony
towards
the
relief
of
the
sick
,
hurt
and
maihmed
Souldiers
and
Mariners
,
that
,
&c.
shall
lose
their
Limbs
,
or
disable
their
Bodies
,
having
been
pressed
and
in
pay
for
her
Majesties
Service
,
as
by
the
Iustices
of
Peace
or
the
more
part
of
them
in
their
general
quarter
Sessions
to
be
holden
in
the
several
Counties
,
&c.
about
the
Feast
of
St.
John
Baptist
,
yearly
shall
be
appointed
.
§
1.
N.
3.
So
as
no
Parish
be
rated
above
the
sum
of
six
pence
,
Taxes
.
nor
under
the
sum
of
one
penny
weekly
to
be
paid
.
39
Eliz.
C.
2.
§
9.
N.
1.
And
be
it
further
Enacted
,
Husbandry
.
&c.
that
the
Iustices
of
Assize
or
Iustices
of
Peace
in
every
County
within
this
Realm
,
at
the
Assizes
or
quarter
,
or
general
Sessions
,
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
,
to
inquire
,
hear
and
determine
all
and
every
the
Defaults
and
Offences
committed
or
done
contrary
to
this
Act
,
(
viz.
Husbandry
and
Tillage
)
within
the
County
where
any
such
Assizes
or
Sessions
shall
be
kept
,
by
Inquisition
,
Presentment
,
Indictment
,
Bill
or
Information
,
or
by
any
of
the
same
ways
or
means
.
§
9.
N.
2.
And
upon
the
Conviction
of
the
Offender
,
Forfeitures
by
Information
or
Suit
of
any
other
than
her
Majesty
,
her
Heirs
or
Successors
,
to
make
Extracts
of
one
third
part
of
the
Forfeitures
to
be
levyed
for
the
Queens
Majesty
,
her
Heirs
and
Successors
,
as
they
use
to
do
of
other
Fines
,
Issues
and
Amercements
grown
in
the
Sessions
of
the
Peace
.
§
9.
N.
3.
And
to
award
Execution
of
the
two
other
third
parts
,
Execution
.
the
one
for
the
Complainant
or
Informer
,
and
the
other
to
the
Poor
,
by
the
discretion
of
the
Iustices
of
Peace
of
the
general
Sessions
against
the
Offender
,
by
Fieri
facias
and
Capias
,
as
her
Majesties
Iustices
at
Westminster
may
do
and
use
to
do
.
§
9.
N.
4.
And
if
any
such
Conviction
shall
hereafter
happen
to
be
at
her
Majesties
Suit
only
,
Process
.
that
then
the
Forfeitures
to
be
Extracted
and
levyed
for
her
Majesty
,
her
Heirs
and
Suecessors
,
to
the
uses
aforesaid
.
§
9.
N.
5.
And
it
is
also
further
Enacted
,
Husbandry
.
that
if
any
person
shall
hereafter
be
punished
by
vertue
of
this
Act
,
(
viz.
of
Husbandry
and
Tillage
)
that
the
same
person
shall
not
otherwise
be
vexed
,
troubled
,
sued
or
put
to
any
pain
or
punishment
for
the
thing
wherefore
he
or
they
shall
have
been
so
punished
.
C.
3.
§
1.
N.
1.
Be
it
Enacted
,
&c.
that
the
Church-wardens
of
every
Parish
,
Poor
.
and
four
substantial
Housholders
there
being
Subsidy-men
,
or
for
want
of
Subsidy-men
,
some
other
substantial
Housholder
of
the
said
Parish
,
who
shall
be
nominated
yearly
in
Easter
week
,
under
the
Hand
and
Seal
of
two
or
more
Iustices
of
the
Peace
in
the
same
County
,
whereof
one
to
be
of
the
Quorum
,
dwelling
in
or
near
the
same
Parish
,
shall
be
called
Overseers
of
the
Poor
of
the
same
Parish
,
43
Eliz.
Cap.
2.
§
1.
N.
1.
§
1.
N.
4.
And
also
to
raise
weekly
or
otherwise
,
Taxes
.
(
by
Taxation
of
every
Inhabitant
and
every
Occupier
of
Lands
in
the
same
Parish
,
in
such
competent
,
&c.
sums
of
mony
as
they
shall
think
fit
)
a
convenient
stock
of
Flax
,
Hemp
,
Wool
Thred
Iron
and
other
necessary
Ware
and
Stuff
to
set
the
Poor
on
work
,
and
also
competent
sums
of
mony
for
and
towards
the
necessary
relief
of
the
same
impotent
,
old
,
blind
and
such
other
among
them
,
being
poore
and
not
able
to
work
,
and
also
for
the
putting
out
of
such
Children
to
be
Apprentices
to
be
gathered
out
of
the
same
Parish
,
according
to
the
ability
of
the
same
Parish
,
43
Eliz.
Cap.
2.
§
1.
N.
4.
5.
§
1.
N.
10.
And
be
it
also
Enacted
,
Justices
.
that
if
the
said
Iustices
of
Peace
do
perceive
that
the
Inhabitants
of
any
Parish
are
not
able
to
levy
among
themselves
sufficient
sums
of
mony
for
the
purposes
aforesaid
,
that
then
the
said
Iustices
shall
and
may
tax
,
&c.
any
other
of
other
Parishes
,
or
out
of
any
Parish
within
the
Hundred
where
the
said
Parish
is
,
to
pay
such
,
&c.
sums
of
mony
to
the
Church-wardens
and
Overseers
of
the
said
poor
Parish
for
the
said
purposes
as
the
said
Iustices
shall
think
fit
,
according
to
the
intent
of
this
Law
,
43
Eliz.
Cap.
2.
§
3.
N.
1.
Poor
.
And
if
the
said
Hundred
shall
not
be
thought
to
the
said
Iustices
,
§
1.
N.
11.
able
and
fit
to
relieve
the
said
several
Parishes
,
nor
able
to
provide
for
themselves
as
aforesaid
,
then
the
Iustices
of
Peace
at
their
general
Quarter
Sessions
,
or
the
greater
number
of
them
,
shall
rate
and
assess
as
aforesaid
,
other
of
any
other
Parishes
,
or
out
of
any
Parish
within
the
said
County
for
the
purposes
aforesaid
,
as
in
their
discretion
shall
seem
fit
,
43
Eliz.
Cap.
2.
§
3.
N.
2.
Process
.
And
that
it
shall
be
lawful
for
the
said
Church-wardens
and
Over-seers
or
any
of
them
,
by
Warrant
from
any
two
Iustices
of
the
Peace
,
to
levy
,
§
2.
N.
1.
&c.
by
distress
and
sale
,
&c.
43
Eliz.
Cap.
2.
§
4.
N.
1.
Justices
.
And
the
said
Iustices
of
Peace
or
any
one
of
them
,
§
2.
N.
3.
to
send
to
the
House
of
Correction
such
as
shall
not
imploy
themselves
to
work
,
being
appointed
as
aforesaid
,
43
Eliz.
Cap.
2.
§
4.
N.
3.
Imprisonment
.
And
also
any
two
Iustices
,
§
2.
N.
4.
to
commit
to
Prison
every
one
of
the
said
Church-wardens
and
Overseers
which
shall
refuse
to
account
,
&c.
43.
Eliz.
Cap.
2.
§
4.
N.
4.
Apprentice
.
And
be
it
further
Enacted
,
§
3.
N.
1.
that
it
shall
be
lawful
for
the
said
Church-wardens
and
Overseers
or
the
greater
part
of
them
,
by
the
assent
of
any
two
Iustices
of
the
Peace
,
to
bind
any
such
Children
as
aforesaid
,
to
be
Apprentice
where
they
shall
see
convenient
,
&c.
43
Eliz.
Cap.
2.
§
5.
N.
1.
Error
.
Provided
always
,
that
if
any
,
&c.
shall
find
themselves
aggrieved
,
§
3.
N.
4.
with
any
Sess
or
Tax
,
or
other
Act
done
by
the
said
Church-wardens
,
&c.
or
by
the
said
Iustices
of
Peace
,
that
then
it
shall
be
lawful
for
the
Iustices
of
Peace
at
their
general
Quarter
Sessions
or
the
greater
number
of
them
,
to
take
such
Order
therein
as
to
them
shall
be
thought
convenient
,
and
the
same
to
conclude
and
bind
all
the
same
Parties
,
43
Eliz.
Cap.
2.
§
6.
N.
1.
Franchise
.
And
be
it
also
Enacted
,
§
6.
N.
1
that
if
it
shall
happen
any
Parish
to
extend
it self
into
more
Counties
than
one
,
or
part
to
lye
within
the
Liberties
of
any
City
or
Town-Corporate
,
and
part
without
,
that
then
as
well
the
Iustices
of
Peace
of
every
County
,
as
also
the
Head-Officers
of
such
City
or
Town-Corporate
,
shall
deal
or
intermeddle
only
in
so
much
of
the
said
Parish
as
lyeth
within
their
Liberty
,
and
not
any
further
,
39
Eliz.
Cap.
4
§
8.
N
1.
&
43
Eliz.
Cap
2
,
§
9.
N
1.
Taxes
.
Which
sums
so
taxed
,
(
viz.
not
above
six
pence
on
every
Parish
weekly
,
§
10.
N.
3.
and
not
under
a
half-penny
)
shall
be
yearly
assessed
by
the
agreement
of
the
Parishioners
within
themselves
,
or
in
default
thereof
,
by
the
Church-wardens
and
Constables
of
the
same
Parish
or
the
more
part
of
them
,
or
in
default
of
their
agreement
,
by
the
Order
of
such
Iustice
or
Iustices
of
Peace
as
shall
dwell
in
the
same
Parish
,
or
if
none
be
there
dwelling
,
in
the
Parts
next
adjoyning
,
43.
Eliz.
Cap.
2.
§
12.
N.
3.
Imprisonment
.
And
be
it
also
Enacted
,
§
11.
N.
1.
that
the
said
Iustices
of
the
Peace
at
their
general
Quarter
Sessions
to
be
holden
at
the
time
of
such
taxation
,
shall
set
down
what
competent
sum
of
mony
shall
be
sent
Quarterly
out
of
every
County
or
Place
Corporate
for
the
relief
of
the
poor
Prisoners
of
the
Kings
Bench
and
Marshalsey
&c.
so
as
there
be
sent
out
of
every
County
yearly
twenty
shillings
at
the
least
to
the
said
Prisoners
of
the
Kings
Bench
and
Marshalsey
,
14
Eliz.
Cap.
5.
§
37.
N.
1.
&
43
Eliz.
Cap.
2.
§
14.
N.
1.
Account
.
And
every
such
Constable
shall
pay
over
the
same
viz.
Collections
of
Tax
for
the
Poor
)
to
two
such
Iustices
of
the
Peace
or
to
one
of
them
,
§
11.
N.
3.
as
shall
be
by
the
more
part
of
the
Iustices
of
Peace
of
the
County
elected
to
be
Treasurers
of
the
said
Collection
,
which
Treasurers
in
every
County
so
chosen
,
shall
continue
but
for
the
space
of
one
whole
year
,
and
then
give
up
their
Charge
,
with
a
due
Account
of
their
Receits
and
Disbursements
at
their
meeting
in
the
Quarter
Sessions
to
be
holden
after
the
Feast
of
Easter
in
every
year
,
to
such
others
as
shall
from
year
to
year
in
form
aforesaid
,
successively
be
elected
,
43
Eliz.
Cap.
2.
§
14.
N.
3.
4.
Justices
.
And
that
,
&c.
from
time
to
time
it
shall
and
may
be
lawful
,
C.
4.
§
1.
N.
●
to
and
for
the
Iustices
of
the
Peace
of
any
County
or
City
in
this
Realm
,
or
the
Dominions
of
Wales
,
assembled
at
any
Quarter
Sessions
of
the
Peace
within
the
same
County
,
City
,
Borough
or
Town
Corporate
,
or
the
more
part
of
them
,
to
set
down
order
,
to
erect
or
cause
to
be
erected
one
or
more
Houses
of
Correction
within
their
several
Counties
or
Cities
.
§
1.
N.
3.
For
the
doing
and
performing
whereof
,
Imprisonment
.
and
for
the
Providing
of
Stocks
of
Mony
and
all
other
things
necessary
for
the
same
,
and
for
the
raising
and
governing
of
the
same
,
and
for
the
Correction
and
Punishment
of
Offenders
thither
to
be
committed
,
such
Orders
as
the
same
Iustices
or
the
more
part
of
them
shall
from
time
to
time
take
,
reform
or
set
down
in
any
their
said
Quarter
Sessions
in
that
behalf
,
shall
be
of
force
,
and
be
duly
performed
and
put
in
Execution
.
§
3.
N.
1.
And
be
it
Enacted
,
Poor
.
&c.
that
every
person
which
is
by
this
present
Act
declared
to
be
a
Rogue
,
Vagabond
or
sturdy
Begger
,
which
shall
be
,
&c.
taken
begging
,
vagrant
wandring
or
misordering
themselves
in
any
part
of
this
Realm
or
the
Dominions
of
Wales
,
shall
upon
their
Apprehension
,
by
the
Appointment
of
any
Iustices
of
the
Peace
,
Constable
,
Head-borough
or
Tything-man
of
the
same
County
,
Hundred
,
Parish
or
Tything
where
such
person
shall
be
taken
,
&c.
be
stripped
naked
from
the
Middle
upwards
,
and
shall
be
openly
whipped
until
his
or
their
Body
be
bloody
.
§
4.
N.
1.
Provided
always
,
and
be
it
Enacted
,
Imprisonment
.
if
any
of
the
said
Rogues
shall
appear
to
be
dangerous
to
the
Inferior
sort
of
People
where
they
shall
be
taken
,
or
otherwise
be
such
as
will
not
be
reformed
of
their
Roguish
kind
of
Life
by
the
former
Provisions
of
this
Act
,
that
in
every
such
Case
,
it
shall
and
may
be
lawful
to
the
said
Iustices
of
the
limit
where
any
such
Rogue
shall
be
taken
,
or
any
two
of
them
,
whereof
one
to
be
of
the
Quorum
,
to
commit
that
Rogue
to
the
House
of
Correction
,
or
otherwise
to
the
Goal
of
the
County
,
there
to
remain
until
the
next
Quarter
Sessions
to
be
holden
in
that
County
.
§
8.
N.
1.
Provided
always
,
Franchise
.
that
the
Iustices
of
Peace
within
any
County
of
this
Realm
or
Wales
,
shall
not
intromit
or
enter
into
any
City
,
Borough
or
Town-Corporate
where
be
any
Iustice
or
Iustices
of
the
Peace
for
any
such
City
,
Borough
or
Town-Corporate
,
for
the
Execution
of
any
Branch
,
&c.
of
this
Act
,
for
or
concerning
any
Offence
,
Matter
or
Cause
growing
or
rising
within
the
Precincts
,
Liberties
or
Iurisdiction
of
such
City
,
Borough
or
Town-Corporate
,
39
Eliz.
Cap.
3.
§
6.
N.
1.
43
Eliz.
Cap.
2.
§
9.
N.
1.
§
12.
N.
1.
And
be
it
also
further
Enacted
,
Justices
.
&c.
that
any
two
or
more
Iustices
of
the
Peace
within
all
the
said
several
Shires
,
Cities
,
Boroughs
or
Towns-Corporate
,
whereof
one
to
be
of
the
Quorum
,
shall
have
full
Power
by
the
Authority
of
this
present
Act
,
to
hear
and
determine
all
Causes
that
shall
come
in
question
by
reason
of
this
Act.
C.
11.
§
2.
N.
2.
And
if
upon
the
same
Examination
they
(
viz.
any
Justice
of
Peace
)
shall
find
any
person
,
Drapery
.
&c.
to
have
used
or
caused
to
be
used
in
the
dying
or
colouring
of
any
Cloth
,
Wool
,
Yarn
,
Grograin
,
Buffins
or
Silk
,
or
any
thing
made
of
Woolen-Yarn
or
Silk
,
any
Logwood
alias
Block-wood
,
or
now
or
heretofore
reputed
and
taken
for
Log-wood
alias
Block-wood
,
then
the
said
Iustices
or
Iustice
,
Mayor
,
Bailiffs
or
other
Head-Officer
being
a
Iustice
of
Peace
,
shall
not
only
bind
with
Surety
all
such
,
&c.
whom
they
shall
find
so
suspected
to
have
offended
,
and
such
others
as
may
discover
the
same
Offence
to
the
next
Quarter
Sessions
,
or
Goal-delivery
which
shall
happen
to
be
holden
for
that
County
,
City
or
Town-Corporate
,
but
also
to
certify
all
such
Examinations
and
Depositions
as
tend
to
the
finding
out
or
discovery
of
the
said
Offences
,
at
the
Goal-delivery
or
Quarter
Sessions
.
C.
12.
§
1.
N.
9.
(
viz.
that
5
Eliz.
Cap.
4.
§
15
)
hath
not
been
duely
executed
,
Apprentice
.
&c.
by
reason
of
Ambiguity
,
and
Question
have
risen
and
been
made
,
whether
the
raising
of
all
manner
of
Artificers
,
Work-men
and
Workwomen
,
his
or
their
Wages
other
than
such
as
by
some
Statute
and
Law
have
been
rated
,
or
else
such
as
did
work
about
Husbandry
,
forasmuch
as
the
said
Law
hath
been
found
beneficial
for
the
Common-wealth
,
1.
Jac.
Cap.
6.
§
2.
N.
2.
§
2.
N.
1.
Be
it
Enacted
,
that
the
said
Statute
(
viz.
5
Eliz.
Cap.
4.
§
15.
N.
3.
4.
Fees
.
)
and
the
Authority
by
the
same
Statute
given
to
any
person
or
persons
for
assessing
and
rating
of
Wages
,
and
the
Authority
to
them
in
the
said
Act
committed
,
shall
be
expounded
and
construed
,
and
shall
by
force
of
this
Act
,
give
Authority
to
all
persons
having
any
such
Authority
to
rate
wages
of
any
Laborers
,
Weavers
,
Spinsters
,
and
Work-men
or
Work-women
whatsoever
,
either
working
by
the
Day
,
Week
,
Month
,
Year
,
or
taking
any
Work
at
any
person
or
persons
hand
whatsoever
,
to
be
done
,
1
Jac.
Cap.
6.
§
3.
N.
1.
And
whereas
in
divers
Shires
within
this
Realm
,
§
2.
N.
2.
the
Iustices
of
Peace
have
not
usually
kept
their
general
Sessions
in
one
Place
of
the
Shire
together
,
but
the
general
Sessions
have
been
kept
in
several
Places
for
several
Divisions
,
by
reason
whereof
,
the
most
part
of
the
Iustices
of
the
Peace
coming
not
together
,
nor
rating
of
wages
could
well
be
made
in
the
said
Shire
where
such
general
Sessions
have
been
used
,
1
Jac.
Cap.
6.
§
4.
N.
1.
Justices
.
Be
it
Enacted
,
&c.
that
the
most
Iustices
of
Peace
,
§
2.
N.
3.
or
the
more
part
of
them
resiant
in
such
Division
in
any
Shire
within
this
Realm
where
such
Sessions
have
been
usually
severally
kept
,
shall
at
the
same
Sessions
,
or
at
such
time
of
rating
of
wages
as
is
limited
by
the
said
Act
,
&c.
(
viz.
5
Eliz.
Cap.
4.
§
15.
N.
6.
)
have
as
full
Authority
and
Power
to
rate
all
manner
of
wages
to
be
rated
within
the
limits
of
such
Division
in
any
such
Shire
,
as
if
the
same
were
done
in
the
general
Sessions
for
the
said
County
,
or
by
the
most
part
of
the
Iustices
meeting
for
the
rating
of
wages
by
the
said
Act
,
1
Jac.
Cap.
6.
§
5.
N.
1.
Certificate
.
And
be
it
further
Enacted
,
that
no
person
,
§
3.
N.
1.
&c.
shall
incur
any
Danger
or
Penalty
for
not
making
Certificate
into
the
,
&c.
Chancery
,
of
any
rates
of
wages
appointed
to
be
Certified
by
the
said
Act
,
(
viz.
5
Eliz.
Cap.
4.
§
15.
N.
6.
)
1
Jac.
Cap.
6.
§
8.
N.
1.
Fees
.
But
the
said
Rates
ingrossed
in
Parchment
and
sealed
,
&c.
shall
,
§
3.
N.
2.
if
the
same
be
in
any
Shire
,
be
kept
by
the
Custos
Rotulorum
of
the
said
County
amongst
the
Records
in
his
Custody
for
the
said
Shire
,
and
in
any
City
or
Town-Corporate
amongst
the
Records
of
the
said
City
or
Town
Corporate
,
1
Jac.
Cap.
6.
§
8.
N.
2.
Corn.
Whereas
greater
quantity
of
Mault
is
daily
made
than
either
in
time
past
was
or
is
now
needful
,
Be
it
Enacted
,
&c.
that
from
time
to
time
,
Cap.
16.
and
at
all
times
hereafter
,
it
shall
and
may
be
lawful
for
the
Iustices
of
Peace
within
this
Realm
in
their
open
Quarter
Sessions
,
to
suppress
discharge
or
restrain
the
superfluous
and
unnecessary
number
of
Malsters
in
part
or
in
whole
,
and
also
to
restrain
such
,
&c.
as
to
their
Discretions
shall
seem
meet
,
from
the
buying
of
Barly
to
convert
into
Mault
in
part
or
in
all
,
for
such
time
,
&c.
as
to
their
discretions
shall
seem
meet
.
Poor
.
And
be
it
further
Enacted
,
C.
17.
§
4.
N.
1.
that
it
shall
be
lawful
for
the
Iustices
of
Assizes
,
Iustices
of
Goal-delivery
and
the
Iustices
of
Peace
of
every
County
,
and
all
Iustices
of
Peace
in
Towns-Corporate
having
Authority
to
hear
and
determine
Felonies
,
to
hear
and
determine
all
such
Offences
(
viz.
of
wandring
idle
Souldiers
and
Mariners
hereby
made
Felony
without
Clergy
)
in
their
General
Sessions
.
Mettle
.
The
same
(
viz.
three
shillings
forfeit
by
carriage
from
Iron
Mills
between
the
first
of
May
and
the
twelfth
of
October
)
to
be
levyed
after
default
of
payment
thereof
(
viz.
to
Justice
of
Peace
near
adjoyning
to
Annoyance
of
way
)
by
such
Iustice
of
Peace
,
C.
19.
§
3.
N.
2.
or
assignee
by
way
of
distress
of
any
of
the
Goods
and
Chattels
remaining
in
the
said
County
of
such
person
as
so
should
have
paid
such
sums
.
Drapery
.
And
,
&c.
it
may
be
also
Enacted
,
that
every
Iustice
of
Peace
,
C.
20.
§
8.
N.
1.
Head-Constable
or
other
the
Overseers
,
&c.
(
viz.
of
Northern
Cloths
)
shall
have
full
Power
,
&c.
to
enter
in
or
upon
any
the
Messuages
,
&c.
of
any
person
,
&c.
to
search
for
any
such
Tenters
of
what
sort
or
kind
soever
,
or
any
manner
of
Ropes
,
Rings
,
Heads
,
Wrinches
or
other
Engines
whatsoever
,
whereby
any
falshood
or
deceit
may
be
used
in
or
about
the
stretching
and
straining
of
any
the
said
Cloths
,
Kerseys
,
Dozens
,
Frizes
,
Cottons
,
Pennistones
,
Kighley
,
Whites
or
any
other
Cloth
by
what
name
or
names
soever
they
be
called
,
or
any
of
them
.
Process
.
And
that
the
said
Iustices
of
Peace
in
the
Quarter
Sessions
,
§
10.
N.
●
.
shall
and
may
inquire
,
hear
and
determine
every
Fault
or
Offence
,
&c.
except
the
Offences
,
&c.
made
by
the
Iustices
of
Peace
,
by
Presentment
,
Bill
or
Information
,
and
upon
proof
thereof
made
by
two
sufficient
Witnesses
openly
given
to
the
Iury
,
and
then
to
give
Order
for
the
Execution
of
this
Statute
.
43
Eliz.
C.
7.
§
1.
N.
2.
Be
it
therefore
Enacted
,
&c.
that
all
and
every
such
lewd
person
,
Trespass
.
&c.
which
,
&c.
shall
cut
,
or
unlawfully
take
away
any
Corn
or
Grain
growing
,
or
rob
any
Orchards
or
Gardens
,
or
break
or
cut
any
Hedges
,
Pales
,
Rails
or
Fence
,
or
dig
,
or
pull
up
or
take
up
any
Fruit-Tree
or
Trees
in
any
Orchard
,
Garden
or
elsewhere
,
to
the
intent
to
take
and
carry
the
same
away
,
or
shall
cut
or
spoyl
any
Woods
or
Vnder-woods
,
Poles
or
Trees
standing
,
not
being
Felony
by
the
Laws
of
this
Realm
.
§
1.
N.
3.
And
their
Procuror
and
Procurors
,
Accessary
.
Receiver
or
Receivers
knowing
the
same
.
§
1.
N.
4.
Being
thereof
lawfully
convicted
by
the
Confession
of
the
Party
,
Proof
.
or
by
the
Testimony
of
one
sufficient
Witness
upon
Oath
,
before
some
one
Iustice
of
Peace
,
Mayor
,
&c.
of
the
County
,
City
or
Town-Corporate
.
§
1.
N.
5.
Which
said
Iustice
or
other
Head-Officer
,
Oath
.
shall
have
Power
by
force
of
this
Statute
,
to
minister
the
said
Oath
where
the
Offence
shall
be
committed
,
or
the
Party
offending
apprehended
.
§
1.
N.
6.
Shall
give
the
Party
,
&c.
such
recompence
and
satisfaction
,
Damages
.
&c.
as
by
any
one
Iustice
,
of
Peace
&c.
shall
be
ordered
and
appointed
,
and
the
same
to
be
only
for
the
first
Fault
.
§
1.
N.
8.
And
for
every
such
Offence
,
&c.
Eftsoons
committed
,
the
person
,
Justices
.
&c.
so
offending
,
to
receive
the
said
punishment
of
whipping
,
(
viz.
if
the
Justice
think
him
unable
to
satisfie
,
&c.
)
§
2.
N.
1.
And
be
it
Eniacted
,
Process
.
&c.
that
if
any
Constable
or
other
inferior
Officer
do
refuse
,
or
do
not
at
the
Commandment
of
any
Iustice
of
Peace
or
other
Head-Officer
,
execute
by
himself
or
some
other
to
be
by
him
appointed
,
upon
the
Offender
,
the
Punishment
limited
by
this
Statute
,
that
in
that
Case
it
shall
and
may
be
lawful
for
the
said
Iustice
of
Peace
,
to
commit
the
Constable
or
other
inferior
Officer
so
refusing
,
&c
to
the
Common
Goal
,
&c.
there
to
remain
without
Bail
or
Mainprize
until
the
said
Offender
,
&c.
be
by
the
said
Constable
,
&c.
punished
and
whipped
,
&c.
§
3.
N.
1.
Provided
always
,
Justices
.
that
no
Iustice
of
Peace
or
other
Head-Officer
do
execute
this
Statute
for
any
the
Offences
aforesaid
done
unto
himself
,
unless
he
be
associated
and
assisted
with
one
or
more
other
Iustices
of
Peace
whom
the
Offence
doth
not
concern
.
C.
13.
§
4.
N.
1
Be
it
,
&c.
Enacted
,
Outlawry
.
that
every
Clerk
of
the
Peace
within
every
of
the
said
Counties
,
(
viz.
Cumberland
,
Northumberland
,
Westmerland
and
Durham
)
shall
within
the
space
of
two
Months
next
after
any
Outlawry
within
any
of
the
said
Counties
,
deliver
or
cause
to
be
delivered
by
Writing
under
his
Hand
,
the
Names
of
all
and
every
such
as
are
or
shall
be
hereafter
out-lawed
within
their
several
Counties
,
to
all
and
every
the
Sheriffs
of
the
said
several
Counties
.
§
6.
N.
1.
And
be
it
further
Enacted
,
Coron.
that
the
Iustices
of
Assize
within
any
of
the
said
Counties
,
Iustices
of
Goal-delivery
,
Iustices
of
Oyer
and
Terminer
or
Iustices
of
Peace
within
any
of
the
said
Counties
,
at
any
of
their
General
Sessions
,
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
,
to
inquire
,
hear
and
determine
of
the
Offences
and
Defaults
of
the
said
Sheriffs
,
Mayors
,
Bailiffs
,
Aldermen
and
other
Officers
,
and
of
the
Clerks
of
the
Peace
within
the
said
Counties
(
viz.
in
proceeding
against
Robbers
,
Felons
,
&c.
)
and
proceed
against
them
by
Information
or
Indictment
,
and
punish
them
by
Fine
,
Imprisonment
or
otherwise
,
as
they
shall
think
fit
.
Statuta
Jac.
Drapery
.
AND
that
if
the
said
Offence
,
1
Jac.
6.
§
7.
N.
2.
&c.
of
not
paying
so
much
or
so
great
Wages
to
their
said
Workmen
,
&c.
(
viz.
Clothiers
,
&c.
)
shall
be
confessed
by
the
Offender
,
or
that
the
same
shall
be
prooved
by
two
sufficient
and
lawful
Witnesses
before
the
Iustices
of
Peace
in
their
Quarter
Sessions
of
the
Peace
,
the
Iustices
of
Assize
in
their
Sessions
or
before
any
two
Iustices
of
Peace
,
whereof
one
to
be
of
the
Quorum
,
that
then
every
such
person
shall
forthwith
stand
and
be
in
Law
convicted
thereof
Justices
.
Provided
nevertheless
,
and
be
it
Enacted
,
§
9.
N.
1.
&c.
that
no
Cothier
being
a
Iustice
of
Peace
in
any
Precinct
or
Liberty
,
shall
be
any
Rater
of
any
Wages
for
any
Weaver
,
Tucker
,
Spinster
or
any
other
Artizan
that
dependeth
upon
the
making
of
Cloth
.
Fees
.
And
in
Case
there
be
not
above
the
number
of
two
Iustices
of
Peace
within
such
Precinct
or
Liberty
,
but
such
as
are
Clothiers
,
§
9.
N.
2.
that
in
such
Case
the
same
Wages
shall
be
rated
and
assessed
by
the
major
part
of
the
Common-Council
of
such
Precinct
or
Liberty
,
and
such
Iustice
and
Iustices
of
Peace
(
if
any
there
be
)
as
are
not
Clothiers
.
Ale
.
(
Viz.
Inn-Keeper
,
C.
9.
§
2.
N.
6.
Ale-house
Keeper
or
Victualler
to
forfeit
Ten
Shillings
for
suffering
Tipling
,
&c.
)
The
same
Offence
being
viewed
and
seen
by
any
Mayor
,
Bailiff
or
Iustices
of
Heace
within
their
several
Limits
,
or
prooved
by
the
Oath
of
two
Witnesses
,
to
be
taken
before
any
Mayor
,
Bailiff
or
any
other
Head-Officer
,
or
any
one
or
more
,
&c.
Iustices
of
the
Peace
,
who
by
vertue
of
this
Act
shall
be
authorized
to
minister
the
said
Oath
to
any
,
&c.
that
can
or
will
justifie
the
same
,
being
within
the
limits
of
their
said
Commission
.
Imprisonment
.
And
for
want
of
sufficient
Distress
,
(
viz
for
the
Penalties
,
§
3.
N.
3.
&c.
)
the
Party
,
&c.
offending
,
to
be
by
the
Mayor
,
Bailiff
or
other
Head-Officer
,
or
Iustice
,
(
&c.
committed
to
the
Common-Goal
,
there
to
remain
until
the
said
Penalty
,
&c.
be
truly
paid
.
Franchise
.
Provided
always
,
and
be
it
Enacted
,
§
6.
N.
1.
&c.
that
the
Correction
and
Punishment
of
such
as
shall
offend
against
this
Act
or
any
part
thereof
,
within
either
of
the
two
Vniversities
of
this
Realm
,
or
the
Precincts
or
Liberties
of
the
same
shall
be
done
upon
the
Offenders
,
and
Iustice
shall
be
administred
in
this
behalf
,
according
to
the
intent
and
true
meaning
of
this
Law
,
by
the
Governors
,
Magistrates
,
Iustices
of
the
Peace
or
other
Principal
Officers
of
either
of
the
same
Vniversities
,
to
whom
in
other
Cases
the
Admission
of
Iustice
,
and
Correction
and
Punishment
of
Offenders
,
by
the
Laws
of
this
Realm
and
their
several
Charters
doth
belong
or
appertein
.
Leather
.
And
for
the
better
Execution
of
this
Act
(
viz.
of
Tanners
,
Curryers
,
C.
22.
§
5.
N.
1.
Cord
wayners
,
Shoe-makers
,
Sadlers
Coachmakers
,
&c.
)
be
it
further
Enacted
,
that
all
Iustices
of
Assize
,
Iustices
of
Goal-delivery
,
Iustices
of
Peace
and
Stewards
of
Franchises
,
Leets
and
Law-days
within
their
several
Iurisdictions
and
Liberties
,
Precincts
,
Offices
and
Authorities
,
shall
inquire
of
all
the
Premises
in
their
Sessions
,
Leet
or
Law-day
,
and
hear
or
determine
the
same
,
and
also
by
their
discretions
examine
all
persons
suspected
to
offend
this
Act
or
any
parcel
thereof
,
5
Eliz.
Cap.
8.
§
40.
N.
1.
Fowl
.
And
the
same
Offence
,
&c.
(
viz.
destroying
Phesant
,
Partridge
,
C.
27.
§
2.
N.
1.
&c.
with
Guns
,
or
Bows
,
or
Nets
,
or
Setting
Dogs
,
&c
)
being
prooved
by
the
Confession
of
the
Party
,
or
by
the
Testimony
of
two
sufficient
Witnesses
upon
Oath
before
two
or
more
Iustices
of
the
Peace
of
the
same
County
,
City
or
Town-Corporate
wherein
the
Offence
shall
be
committed
,
or
the
Party
offending
apprehended
,
shall
be
by
the
said
Iustices
of
Peace
for
every
such
Offence
,
committed
,
&c.
for
three
Months
,
&c.
unless
the
said
Offender
do
,
or
shall
forthwith
upon
the
said
Conviction
pay
,
&c.
to
the
use
of
the
Poor
of
the
same
Parish
,
the
sum
of
20
s.
for
every
Phesant
,
Partridge
,
House-dove
,
Pidgeon
,
Hern
,
Mallard
,
Duck
,
Teale
,
Widgeon
,
Goose
,
Heath
Rook
,
More-game
or
any
such
Fowle
,
and
for
every
Egg
of
Phesant
,
Partridge
or
Swans
,
and
for
every
Hare
which
any
and
every
such
person
,
&c.
shall
take
,
kill
,
or
wilfully
destroy
contrary
to
the
true
purport
,
&c.
of
this
Statute
.
§
5.
N.
2.
And
that
all
Iustices
of
Assize
in
their
several
Circuits
,
Justices
.
and
all
Iustices
of
Peace
in
their
general
Quarter
Sessions
,
and
any
two
Iustices
of
Peace
or
more
together
out
of
any
Sessions
,
shall
and
may
by
force
of
this
present
Act
,
have
full
Power
and
Authority
to
examine
,
hear
,
punish
and
determine
all
Offences
to
be
committed
against
this
present
Statute
,
and
to
administer
Oath
as
aforesaid
,
and
perform
and
execute
all
and
every
Act
and
Thing
,
fit
or
requisite
for
the
due
Execution
of
this
present
Act.
§
7.
N.
1.
And
be
it
also
further
Enacted
,
&c.
that
it
shall
and
may
be
lawful
,
Licence
.
to
and
for
every
person
,
&c.
keeping
any
Hawk
,
&c.
which
at
the
general
Quarter
Sessions
of
the
County
where
he
and
they
shall
dwell
,
and
shall
be
licenced
to
shoot
Hail-shot
in
Hand-guns
or
Birding
pieces
,
at
Crow
,
Chough
,
Pye
,
Rook
,
Ringdove
,
Iay
or
smaller
Birds
,
for
Hawks
meat
only
,
to
shoot
and
kill
Hawks
meat
,
according
to
the
said
Licence
only
.
C.
29.
§
3.
N.
1.
And
be
it
further
Enacted
,
that
all
Iustices
of
the
Peace
,
Mayors
,
Fish
.
Bailiffs
,
Head-Officers
and
Constables
,
as
well
of
Cities
and
Towns-Corporate
as
in
every
Counity
of
this
Realm
,
shall
have
Power
and
Authority
by
force
of
this
Act
,
yearly
in
the
time
of
Lent
,
to
enter
into
all
houses
of
Victuallers
and
common
victualling
houses
within
their
Iurisdictions
where
such
Offences
(
viz.
dressing
Flesh
contrary
to
5
Eliz.
Cap.
5
,
§
4.
N.
1.
)
shall
be
committed
.
C.
31.
§
2.
N.
1.
Be
it
therefore
Enacted
,
&c.
that
the
Mayors
,
Bailiffs
,
Poor
.
Head-Officers
and
Iustices
of
Peace
of
every
City
,
Borough
,
Town-Corporate
and
Places
priviledged
,
where
any
,
&c.
are
or
shall
be
,
or
any
two
of
them
,
shall
have
Power
and
Authority
from
time
to
time
,
to
tax
and
assess
,
all
and
every
Inhabitant
and
all
houses
of
Habitation
,
Lands
and
Tenements
within
the
said
City
,
&c.
or
the
Liberties
or
Precinets
thereof
,
at
such
reasonable
Taxes
and
Payments
as
they
shall
think
fit
,
for
the
reasonable
relief
of
such
persons
infected
,
or
inhabiting
in
houses
and
places
infected
in
the
same
Cities
,
Boroughs
,
Towns-Corporate
and
Places
previledged
.
3
Jac.
4.
§.
3.
N.
5
And
(
viz
the
Forfeiture
for
Recusants
not
receiving
the
Sacrament
,
Religion
.
&c.
)
to
be
recovered
in
any
of
the
Kings
Courts
of
Record
at
Westminster
,
or
before
Iustices
of
Assize
or
Goal-delivery
,
or
before
Iustices
of
Peace
at
their
general
Quarter
Sessions
,
by
Action
of
Debt
Bill
,
Plaint
or
Information
,
wherein
no
Essoyn
,
Protection
or
Wager
of
Law
shall
be
allowed
.
§
4.
N.
1.
And
be
it
further
Enacted
,
Indictment
&c.
that
the
Church-wardens
and
Constables
of
every
Town
,
Parish
or
Chappel
for
the
time
being
,
or
some
one
of
them
,
or
if
there
be
none
such
,
then
the
Chief
Constables
of
the
Hundred
,
where
such
Town
,
Parish
or
Chappel
is
or
shall
be
,
or
one
of
them
,
as
well
in
Places
Exempt
as
not
Exempt
,
shall
once
in
every
year
present
the
Monthly
absence
from
Church
,
of
all
,
and
all
manner
of
Popish
Recusants
within
such
Towns
and
Parishes
.
§
4.
N.
2.
And
shall
present
the
Names
of
every
of
the
Children
of
the
said
Recusants
,
being
of
the
Age
of
nine
years
and
upwards
,
Infant
.
abiding
with
their
said
Parents
,
and
as
near
as
they
can
the
Age
of
every
of
the
said
Children
,
as
all
the
names
of
the
Servants
of
such
Recusants
at
the
general
or
Quarter
Sessions
of
that
Shire
,
Limit
,
Division
or
Liberty
.
§
5.
N.
1.
And
be
it
further
Enacted
,
Peace
.
&c.
that
all
such
Presentments
shall
be
accepted
,
entred
and
recorded
in
the
said
Sessions
,
by
the
Clerk
of
the
Peace
,
or
Town-Clerk
for
the
time
being
,
or
his
Deputy
,
without
any
Fee
to
be
had
,
asked
or
taken
for
the
same
.
§
7.
N.
1.
And
be
it
further
Enacted
,
Pope
.
&c.
that
the
Iustices
of
Assize
and
Goal-delivery
at
their
Assizes
,
and
the
said
Iustices
of
Peace
at
any
of
their
said
Sessions
,
shall
have
Power
and
Authority
by
vertue
of
this
Act
,
to
inquire
,
hear
and
determine
of
all
Recusants
and
Offences
,
as
well
for
not
receiving
the
Sacrament
,
&c.
as
for
not
repairing
to
Church
according
to
the
meaning
of
former
Laws
,
in
such
manner
and
form
as
the
said
Iustices
of
Assize
and
Goal-delivery
,
do
or
may
do
by
former
Laws
in
Case
of
Recusancy
,
for
not
repairing
to
Church
.
Justices
.
And
also
shall
have
Power
at
their
Assizes
and
Goal-delivery
,
§
7.
N.
2.
and
at
the
Sessions
,
(
in
which
any
Indictment
against
any
person
,
either
for
not
repairing
to
Church
according
to
former
Laws
,
or
not
receiving
the
said
Sacrament
according
to
this
Law
,
shall
be
taken
)
to
make
Proclamation
,
by
which
it
shall
be
commanded
,
that
the
Body
of
every
such
Offender
shall
be
rendred
to
the
Sheriff
of
the
same
County
,
or
Bailiff
,
or
other
Keeper
of
the
Goal
of
the
Liberty
,
before
the
next
Assizes
and
general
Goal-delivery
,
or
before
the
next
general
or
Quarter
Sessions
respectively
to
be
holden
for
the
said
Shire
,
Limit
,
Division
or
Liberty
.
Process
.
And
if
at
the
next
Assizes
and
general
Goal-delivery
,
or
Sessions
,
§
7.
N.
3.
the
same
Offender
so
proclaimed
shall
not
make
appearance
of
Record
,
that
then
upon
every
such
Default
Recorded
,
the
same
shall
be
as
sufficient
a
Conviction
in
Law
of
the
said
Offence
whereof
the
Party
shall
stand
Indicted
as
aforesaid
,
as
if
upon
the
same
Indictment
a
Tryal
by
Verdict
thereupon
had
Proceeded
,
and
been
found
against
him
or
her
and
Recorded
.
Certificate
.
And
that
every
Conviction
recorded
for
any
Offence
before
mentioned
,
§
9.
N.
1.
shall
from
the
Iustices
before
whom
the
Record
of
such
Conviction
shall
be
remaining
,
be
certified
into
the
Kings
Majesties
Court
of
Exchequer
before
the
end
of
the
Term
following
,
such
Conviction
in
such
convenient
certainty
for
the
time
and
other
Circumstances
,
as
the
Court
of
Exchequer
may
thereupon
award
out
Process
for
the
Seisure
of
the
Lands
and
Goods
of
every
such
Offender
,
as
the
Cause
shall
require
.
Ordinary
.
Be
it
also
Enacted
,
&c.
that
,
§.
13.
N.
2.
&c.
it
shall
be
lawful
to
and
for
any
Bishop
in
his
Diocess
,
or
any
two
Iustices
of
Peace
,
whereof
one
of
them
to
be
of
the
Quorum
,
within
the
limits
of
their
Iurisdiction
out
of
the
Sessions
,
to
require
any
person
of
the
Age
of
Eighteen
years
or
above
,
being
,
or
which
shall
be
convict
or
indicted
of
or
for
any
Recusancy
,
other
than
Noble-men
or
Noble-women
,
for
not
repairing
to
Divine
Service
,
according
to
the
Laws
of
this
Realm
.
Religion
.
Or
which
shall
not
have
received
the
said
Sacrament
twice
within
the
year
then
next
past
,
Noble-men
and
Noble-women
excepted
.
§
13.
N.
3.
Oath
.
Or
any
person
passing
in
or
through
the
County
,
§
13.
N.
4.
Shire
or
Liberty
and
unknown
,
except
,
as
is
last
before
excepted
,
that
being
examined
by
them
upon
Oath
,
shall
confess
or
not
deny
him
or
herself
to
be
a
Recusant
,
or
shall
confess
or
not
deny
that
he
or
she
had
not
received
the
Sacrament
twice
within
the
year
then
last
past
,
to
take
the
Oath
hereafter
following
,
&c.
(
viz.
of
Allegiance
.
)
Certificate
.
Which
said
Bishop
or
two
Iustices
of
the
Peace
,
§
13.
N.
5.
shall
certify
in
Writing
subscribed
with
his
or
their
Hands
,
at
the
next
general
or
Quarter
Sessions
for
that
Shire
,
Limit
,
Division
or
Liberty
within
which
the
said
Oath
shall
be
so
taken
,
the
Christian-name
,
Sir-name
and
Place
of
abode
of
every
person
which
shall
so
take
the
said
Oath
,
which
Certificate
shall
be
there
recorded
by
the
Clerk
of
the
Peace
or
Town-Clerk
,
and
kept
amongst
the
Records
of
the
said
Sessions
.
Imprisonment
.
And
be
it
further
Enacted
,
that
if
any
such
person
,
§
14.
N.
1.
&c.
other
than
Noble-men
or
Noble-women
,
shall
refuse
to
answer
upon
Oath
to
such
Bishop
or
Iustices
of
the
Peace
examining
him
or
her
as
aforesaid
,
or
to
take
the
said
Oath
(
viz.
of
Allegiance
)
so
duely
tendred
unto
him
or
her
by
such
Bishop
,
or
two
such
Iustices
of
Peace
out
of
Sessions
,
that
then
the
said
Bishop
or
Iustices
of
Peace
,
shall
and
may
commit
the
same
person
to
the
common
Goal
,
there
to
remain
without
Bail
or
Mainprize
until
the
next
Assize
,
or
General
or
Quarter
Sessions
to
be
holden
for
the
said
Shire
,
Division
,
Limit
or
Liberty
.
Oath
.
Where
the
said
Oath
(
viz.
of
Allegiance
)
shall
be
again
in
the
said
open
Assizes
or
Sessions
,
§
14.
N.
2.
required
of
such
person
by
the
said
Iustices
of
Assize
or
Iustices
of
Peace
then
and
there
present
,
or
the
greater
number
of
them
.
§
14.
N.
3.
And
if
the
said
person
or
persons
,
or
any
other
person
whatsoever
,
Forfeiture
.
other
than
Noble-men
or
Noble-women
of
the
Age
of
eigteen
years
or
above
,
shall
refuse
to
take
the
said
Oath
,
(
viz.
of
Allegiance
)
being
tendred
unto
him
or
her
by
the
Iustices
of
Assize
and
Goal-delivery
in
the
open
Assizes
,
or
the
Iustices
of
Peace
,
or
the
greater
part
of
them
in
their
said
general
or
Quarter
Sessions
,
every
person
so
refusing
,
shall
incur
the
Danger
and
Penalty
of
Premunire
,
(
viz.
●6
.
Rich.
2.
Cap.
5.
§
2.
N.
6
)
§
14.
N.
4.
Except
Women
Convert
,
who
upon
refusal
of
the
said
Oath
,
Women
.
(
viz.
of
Allegiance
)
shall
be
by
the
said
Iustices
of
Assize
in
their
open
Assize
,
or
Iustices
of
Peace
in
their
general
or
Quarter
Sessions
for
the
said
Offence
,
committed
only
to
the
Common
Goal
,
there
to
reman
without
Bail
or
Mainprize
till
they
will
take
the
said
Oath
.
§
24.
N.
1.
Provided
nevertheless
,
that
the
last
mentioned
Clause
,
Pope
.
&c.
(
viz.
of
Reconcilement
to
Rome
)
shall
not
extend
,
&c.
to
any
person
or
persons
whatsoever
,
which
shall
hereafter
be
reconciled
to
the
Pope
or
See
of
Rome
,
&c.
(
for
and
touching
the
point
of
so
being
reconciled
only
)
that
shall
return
into
this
Realm
,
and
thereupon
within
six
days
next
after
such
Return
,
before
the
Bishop
of
the
Diocess
,
or
two
Iustices
of
the
Peace
joyntly
or
severally
,
of
the
County
where
he
shall
arrive
,
submit
himself
to
his
Majesty
and
his
Laws
,
and
take
the
Oath
,
&c.
(
viz.
1
Eliz.
Cap.
1.
§
19.
N.
4.
of
Supremacy
)
as
also
the
Oath
before
set
down
,
&c.
(
viz.
of
Allegiance
.
)
§
24.
N.
2.
Which
said
Oaths
,
Oath
.
(
Viz.
of
Supremacy
and
Allegiance
)
the
said
Bishop
and
Iustices
respectively
,
shall
have
Power
and
Authority
by
this
present
Act
,
to
minister
unto
such
persons
as
aforesaid
.
§
24.
N.
3.
And
the
said
Oaths
so
taken
,
Certificate
.
the
said
Bishop
and
Iustices
before
whom
the
said
Oaths
shall
be
so
taken
respectively
,
shall
certifie
at
the
next
general
or
Quarter
Sessions
of
the
Peace
to
be
holden
within
the
said
Shire
,
Limit
,
Division
or
Liberty
wherein
such
person
as
aforesaid
shall
submit
himself
and
take
the
said
Oaths
as
aforesaid
,
upon
Pain
of
every
one
neglecting
to
certifie
the
same
as
aforesaid
,
the
sum
of
forty
pounds
.
§
25.
N.
1.
And
be
it
further
Enacted
,
that
all
,
Justices
.
&c.
that
shall
offend
contrary
to
this
present
Branch
of
this
Statute
,
shall
be
indicted
,
tryed
,
and
proceeded
against
,
by
and
before
the
Iustices
of
Assize
and
Goal-delivery
of
that
County
for
the
time
being
,
or
before
the
Iustices
of
the
Court
of
Kings
Bench
,
&c.
§
27.
N.
1.
And
be
it
further
Enacted
,
that
if
any
Subject
of
this
Realm
,
Religion
.
&c.
shall
not
resort
or
repair
every
Sunday
to
some
Church
,
Chappel
or
some
other
usual
Place
appointed
for
Common-Prayer
,
and
there
hear
Divine
Service
according
to
the
Statute
,
&c.
(
viz.
1
Eliz.
Cap.
2.
§
14.
N.
1.
)
that
then
it
shall
and
may
be
lawful
,
to
and
for
any
one
Iustice
of
Peace
of
that
Limit
,
Division
and
Liberty
wherein
the
said
Party
shall
dwell
,
upon
proof
unto
him
made
of
such
Default
,
by
Confession
of
the
Party
or
Oath
of
Witnesses
,
to
call
the
Party
before
him
.
§
27.
N.
2.
And
if
he
or
she
shall
not
make
a
sufficient
Excuse
and
due
proof
thereof
,
to
the
satisfaction
of
the
said
Iustice
of
Peace
,
Proof
.
that
it
shall
be
lawful
for
the
said
Iustice
of
Peace
to
give
Warrant
to
the
said
Church-warden
of
the
said
Parish
wherein
the
Party
shall
dwell
,
under
his
Hand
and
Seal
,
to
levy
12
d.
for
every
such
Default
by
distress
and
sale
of
the
Goods
of
every
such
Offender
,
&c.
§
27.
N.
3.
And
that
in
default
of
such
distress
,
Justices
.
it
shall
and
may
be
lawful
for
the
said
Iustice
of
Peace
,
to
commit
every
such
Offender
to
some
Prison
within
the
said
Shire
,
Division
,
Limit
or
Liberty
wherein
such
Offender
shall
be
inhabiting
,
until
payment
be
made
of
the
said
sum
or
sums
so
to
be
forfeited
.
§
36.
N.
2.
And
all
Offences
other
than
Treason
,
shall
be
inquired
,
Offence
.
heard
and
determined
before
the
Iustices
of
Peace
,
in
their
general
or
Quarter
Sessions
to
be
holden
within
the
Shire
,
Division
,
Limit
or
Liberty
wherein
such
Offence
shall
happen
.
C
〈…〉
§
1.
N.
5.
And
such
person
so
discovering
the
same
,
(
viz.
any
Recusant
,
Pope
.
or
other
which
shall
entertain
or
relieve
any
Jesuit
,
Seminary
,
Popish
Priest
or
any
Mass
,
to
any
Justice
of
Peace
)
after
Conviction
of
the
Offender
,
shall
have
a
Certificate
from
the
Iudges
or
Iustices
of
Peace
before
whom
such
Conviction
shall
happen
to
be
,
directed
to
the
Sheriff
or
other
Officer
of
the
same
County
,
Limit
or
Place
that
shall
seise
the
Goods
or
levy
the
said
Forfeiture
,
commanding
the
said
Sheriff
or
other
Officer
to
pay
the
same
(
viz.
Fifty
Pounds
)
to
him
that
so
discovered
the
same
,
out
of
the
monies
to
be
levyed
by
vertue
of
the
said
Forfeitures
,
&c.
Licence
.
And
if
any
of
the
persons
which
are
so
confined
(
viz.
Popish
Recusants
)
&c.
shall
have
necessary
occasion
or
business
to
go
and
travail
out
of
the
compass
of
the
said
five
Miles
,
that
then
and
in
every
such
Case
,
§
7.
N
2.
upon
Licence
in
Writing
in
that
behalf
to
be
gotten
under
the
Hands
and
Seals
of
four
of
the
Iustices
of
Peace
of
the
sane
County
,
Limit
,
Division
or
Place
next
adjoyning
to
the
Place
of
abode
of
such
Recusant
,
with
the
Privity
and
Assent
in
Writing
of
the
Bishop
of
the
Diocess
,
or
of
the
Lieutenant
,
or
of
any
Deputy
Lieutenant
of
the
same
County
residing
within
the
said
County
or
Liberty
,
under
their
Hands
and
Seals
.
Oath
.
It
shall
and
may
thereupon
be
lawful
for
every
such
person
so
licenced
,
§
7.
N.
4.
to
go
and
travail
about
such
their
necessary
business
,
and
for
such
time
only
for
their
travailing
attending
and
returning
as
shall
be
comprized
in
the
said
Licence
,
the
said
Party
so
licenced
first
taking
his
Corporal
Oath
before
the
said
four
Iustices
of
Peace
or
any
of
them
,
(
who
shall
have
Authority
by
vertue
of
this
Act
to
punish
the
same
)
that
he
hath
truly
informed
them
of
the
cause
of
his
Iourny
,
and
that
he
shall
not
make
any
causeless
stays
.
Ouster
le
mere
.
Be
it
further
Enacted
,
§
17.
N.
2.
&c.
that
if
any
of
the
said
persons
(
viz.
Popish
Recusants
,
no
Merchants
,
Factors
,
Apprentices
,
Souldiers
nor
Mariners
)
so
gone
beyond
the
Seas
without
Licence
which
are
not
yet
returned
,
shall
not
within
six
Months
next
after
their
return
into
this
Realm
,
then
being
of
the
Age
of
eighteen
years
or
more
,
take
the
Oath
,
&c.
(
viz.
of
Allegiance
)
before
some
Iustice
of
Peace
of
the
County
,
Liberty
or
Limit
where
such
person
shall
inhabit
or
remain
,
that
then
every
such
Offender
shall
take
no
Benefit
by
any
Gift
,
Conveyance
,
Discent
,
Devise
or
otherwise
,
of
or
to
any
Lands
,
Tenements
,
Hereditaments
,
Goods
or
Chattels
,
until
he
or
they
being
of
the
said
Age
of
eighteen
years
or
above
,
take
the
said
Oath
.
Justices
.
And
that
it
shall
be
lawful
for
any
two
Iustices
of
Peace
within
the
Limits
of
their
Iurisdiction
or
Authority
,
and
to
all
Mayors
,
§
26.
N.
1.
Bailiffs
and
chief
Officers
of
Cities
and
Towns-Corporate
in
their
Liberties
,
from
time
to
time
to
search
the
Houses
and
Lodgings
of
every
Popish
Recusant
convict
,
or
of
every
person
whose
Wife
is
or
shall
be
a
Popish
Recusant
convict
,
for
Popish
Books
and
Reliques
of
Popery
.
Pope
.
And
that
if
any
Altar
,
Pix
,
Beads
,
§
26.
N.
2.
Pictures
or
such
like
Popish
Reliques
,
or
any
Popish
Book
or
Books
shall
be
found
in
their
or
any
of
their
Custody
,
as
in
the
Opinion
of
the
said
Iustices
,
Mayor
,
Bailiffs
or
Chief-Officer
as
aforesaid
,
shall
be
thought
unmeet
for
such
Recusant
as
aforesaid
,
to
have
or
use
the
same
,
shall
be
presently
defaced
and
burnt
,
if
it
be
meet
to
be
burned
.
Religion
.
And
if
it
be
a
Crucifix
,
or
other
Relique
of
any
Price
,
§
26.
N.
3.
the
same
to
be
defaced
at
the
general
Quarter
Sessions
of
the
Peace
in
the
County
where
the
same
shall
be
found
,
and
the
same
so
defaced
to
be
restored
to
the
Owner
again
.
War
.
And
be
it
also
Enacted
,
&c.
that
all
such
Armor
,
§
27.
N.
1.
Gun-powder
and
Munition
of
whatsoever
kinds
,
as
any
Popish
Recusant
convict
within
this
Realm
of
England
hath
or
shall
have
in
his
house
,
&c.
or
elsewhere
,
or
in
the
Hands
or
Possession
of
any
other
,
at
his
or
their
disposition
,
shall
be
taken
from
such
Popish
Recusant
by
Warrant
of
four
Iustices
of
Peace
at
their
general
or
Quarter
Sessions
to
be
holden
in
the
same
County
where
such
Popish
Recusant
shall
be
resident
(
other
than
such
necessary
Weapons
as
shall
be
thought
fit
by
the
said
four
Iustices
of
Peace
)
to
remain
and
be
allowed
for
the
defence
of
the
person
or
persons
of
such
Recusant
,
or
for
the
defence
of
his
,
her
or
their
house
or
houses
.
Justices
.
And
that
the
said
Armor
and
Munition
so
taken
,
§
27.
N.
2.
shall
be
kept
and
maintained
at
the
Costs
of
such
Recusants
,
in
such
places
as
the
said
four
Iustices
of
Peace
at
their
said
Sessions
of
Peace
shall
set
down
and
appoint
.
§
28.
N.
1.
And
be
it
further
enacted
,
&c.
that
if
any
such
Recusant
,
Forfeiture
.
&c.
which
shall
have
any
such
Armor
,
&c.
shall
refuse
to
declare
or
manifest
unto
the
said
Iustices
of
Peace
or
any
of
them
what
Armor
he
she
or
they
have
or
shall
have
,
or
shall
let
,
hinder
or
disturb
the
delivery
thereof
to
any
of
the
said
Iustices
,
or
to
any
other
person
,
&c.
Authorized
by
their
Warrant
to
take
and
seize
the
same
,
then
every
such
person
so
offending
,
contrary
to
this
Statute
in
this
behalf
,
shall
forfeit
and
lose
to
the
Kings
Majesty
his
Heirs
and
Successors
,
his
and
their
said
Armor
,
&c.
and
shall
also
be
Imprisoned
by
Warrant
of
or
from
any
Iustices
of
Peace
of
such
County
by
the
space
of
three
months
,
without
Bail
or
Mainprize
.
C.
10.
§
1.
N.
2.
Be
it
Enacted
,
&c.
that
all
,
Imprisonment
.
&c.
that
&c.
shall
be
Committed
to
the
Common
or
usual
Goal
,
within
any
County
or
Liberty
within
this
Realm
by
any
Iustice
or
Iustices
of
the
Peace
for
any
offence
or
misdemeanor
to
any
such
Goal
,
that
the
said
person
,
&c.
so
to
be
committed
,
&c.
having
means
or
ability
thereunto
shall
bear
their
own
reasonable
charges
for
so
conveying
or
sending
them
to
the
said
Goal
,
and
the
charges
also
of
such
as
shall
be
appointed
to
Guard
them
to
such
Goal
,
and
shall
so
Guard
them
thither
.
§
1.
N.
3.
And
if
any
such
person
,
&c.
so
to
be
committed
,
Process
.
&c.
shall
refuse
at
the
time
of
their
commitment
,
and
sending
to
the
said
Goal
to
defray
the
said
charges
,
or
shall
not
then
pay
or
bear
the
same
,
that
then
such
Iustice
or
Iustices
of
the
Peace
,
shall
and
may
by
writing
under
his
or
their
Hand
and
Seal
,
or
Hands
and
Seals
,
give
Warrant
to
the
Constable
,
&c.
of
the
Hundred
,
or
Constable
,
or
Tythingman
of
the
Tything
or
Township
where
such
person
or
persons
shall
be
dwelling
and
Inhabit
,
or
from
whence
he
or
they
shall
be
committed
as
aforesaid
,
or
where
he
or
they
shall
have
any
Goods
within
the
County
or
Liberty
to
sell
such
,
and
so
much
of
the
Goods
and
Chattels
of
the
said
persons
,
so
to
be
committed
as
by
the
discretion
of
the
said
Iustice
or
Iustices
of
the
Peace
,
shall
satisfie
and
pay
the
charges
of
such
his
or
their
conveying
and
sending
to
the
said
Goal
,
the
appraisement
to
be
made
by
some
of
the
honest
Inhabitants
of
the
Parish
,
or
Tything
where
such
Goods
or
Chattels
shall
remain
and
be
,
and
the
overplus
of
the
mony
which
shall
be
made
thereof
to
be
delivered
to
the
party
to
whom
the
said
Gooods
shall
belong
.
§
2.
N
1.
And
be
it
further
Enacted
,
&c.
that
if
the
said
person
,
Taxes
.
&c.
so
to
be
committed
,
&c.
shall
not
have
or
be
known
to
have
any
Goods
or
Chattels
,
which
may
be
sold
for
the
purpose
aforesaid
within
the
County
or
Liberty
,
that
then
an
indifferent
Tax
or
assessemement
shall
be
made
by
the
Constables
and
Church-wardens
,
and
two
or
three
other
the
honest
Inhabitants
of
the
Parish
,
Township
,
or
Tything
,
where
the
said
Offender
,
&c.
shall
be
taken
or
apprehended
,
the
said
Taxation
being
allowed
under
the
hand
of
one
or
more
Iustice
or
Iustices
of
the
Peace
,
if
there
be
such
Constables
or
Church-wardens
there
Inhabiting
,
and
in
default
of
them
,
by
four
of
the
principal
Inhabitants
of
the
said
Parish
,
Township
or
Tything
,
where
such
Offenders
shall
be
taken
or
apprehended
.
§
2.
N
2.
And
if
any
so
Taxed
or
assessed
,
Justices
.
shall
refuse
to
pay
their
said
Taxation
,
then
the
Iustice
or
Iustices
by
whom
the
said
offenders
shall
be
committed
,
&c.
or
any
other
Iustice
of
Peace
near
adjoyning
shall
and
may
give
Warrant
as
aforesaid
,
to
the
Constable
,
Tythingman
,
or
other
Officer
there
,
to
distrain
the
Goods
of
any
so
assessed
,
which
shall
refuse
to
pay
the
same
,
and
to
sell
the
same
.
C.
12.
§
2.
N.
3.
The
said
forfeitures
,
Fish
.
(
viz.
For
Fishing
within
five
Miles
of
Haven
with
Net
under
three
Inches
meash
,
&c.
)
to
be
levyed
,
&c.
by
the
Mayor
,
Bailiff
,
or
other
Head-Officer
of
every
City
,
Borough
or
Town
Corporate
,
and
by
Warrant
of
one
or
more
Iustices
of
Peace
,
&c.
C.
13.
§
3.
N.
1.
And
be
it
likewise
Enacted
,
Forest
.
&c.
that
the
Iustices
of
Oyer
and
Terminer
,
Iustices
of
Assize
in
their
Circuits
and
Iustices
of
Peace
and
Goal
delivery
in
their
Sessions
,
shall
by
vertue
hereof
have
power
and
Authority
to
enquire
hear
and
determine
all
and
singular
the
said
offences
(
viz.
Of
breaking
Grounds
inclosed
in
the
day
,
or
killing
Deer
or
Connies
in
the
night
)
by
Examination
of
the
Offenders
,
and
to
make
and
award
Process
thereupon
,
as
well
upon
Indictments
taken
before
them
,
as
by
Bill
of
Complaint
,
Information
or
any
other
Action
,
in
which
Suit
or
Action
,
no
Essoyn
,
Wager
of
Law
or
Protection
shall
be
allowed
.
Damages
.
And
be
it
also
Enacted
,
§
4.
N.
1.
&c.
that
it
shall
and
may
be
lawful
to
the
Party
grieved
,
to
sue
and
take
his
further
remedy
against
all
and
every
such
Offender
,
&c.
(
viz.
in
breaking
Grounds
inclosed
in
the
day
,
or
killing
Deer
or
Conies
in
the
night
,
&c.
)
for
his
loss
and
damages
,
and
to
recover
the
treble
value
of
the
same
in
that
behalf
,
as
well
before
the
Iustices
of
Oyer
and
Terminer
,
Iustices
of
Assize
in
their
Circuits
,
and
Iustices
of
Peace
and
Goal
delivery
in
their
Sessions
or
elsewhere
in
any
other
the
Kings
Majesties
Courts
of
Record
at
Westminster
.
Behavior
.
And
that
upon
true
satisfaction
of
the
said
treble
Damages
to
the
Party
grieved
,
§
4.
N.
2.
or
upon
the
Confession
or
Acknowledgement
thereof
by
the
said
Party
offending
,
before
the
Iustices
in
open
Sessions
holden
for
the
County
wherein
the
same
Offence
shall
be
committed
,
it
shall
be
at
the
liberty
of
the
said
Party
grieved
to
whom
the
said
Offence
shall
be
committed
,
to
release
at
his
pleasure
the
Surety-ship
of
the
Good-behavior
at
any
time
within
the
said
seven
years
or
before
,
&c.
Release
.
And
be
it
further
Enacted
,
&c.
that
if
any
,
§
6.
N.
1.
&c.
at
any
time
hereafter
shall
fortune
to
be
bound
before
any
the
Iustices
before
mentioned
,
to
the
King
his
Heirs
or
Successors
for
his
or
their
good
abearing
for
seven
years
,
&c.
and
the
same
Party
so
bound
,
shall
afterwards
within
the
said
seven
years
come
before
the
Iustices
of
Peace
of
the
said
County
where
the
Offence
was
committed
or
some
of
them
,
in
open
Quarter
Sessions
,
and
there
in
the
said
Sessions
confess
and
acknowledge
his
or
their
said
Offence
,
&c.
and
that
he
or
they
is
or
are
sorry
therefore
,
and
satisfie
the
Party
or
Parties
grieved
according
to
the
tenor
of
this
Act
,
that
then
the
same
Iustices
before
whom
the
said
Confession
shall
be
so
made
,
shall
and
may
have
Power
,
&c.
in
the
same
open
Sessions
,
or
in
any
other
Sessions
afterwards
to
be
holden
before
the
said
Iustices
in
the
said
County
within
the
said
Term
of
Seven
Years
,
if
it
shall
seem
good
in
their
discretions
to
discharge
the
said
Recognizance
and
Bond
so
taken
,
and
also
the
said
Party
and
Parties
so
bound
,
&c.
Ways
.
And
that
the
Iustices
of
Peace
or
any
four
of
them
in
either
of
the
said
Counties
,
whereof
one
to
be
of
the
Quorum
,
C.
23.
§
4.
N
3.
severally
and
respectively
,
shall
have
Power
and
Authority
by
this
Act
,
to
tax
,
assess
and
rate
all
and
every
the
Inhabitants
of
the
said
several
Counties
of
Glocester
and
Monmouth
,
severally
and
respectively
as
well
within
Liberties
as
without
,
to
such
reasonable
sum
and
sums
of
mony
from
time
to
time
as
to
the
said
Iustices
or
any
four
of
them
in
either
of
the
said
Counties
severally
and
respectively
,
whereof
one
to
be
of
the
Quorum
,
shall
be
thought
fit
,
needful
and
convenient
for
the
building
,
new
making
up
and
erecting
of
the
said
Bridge
,
(
viz.
of
Chepstow
)
and
for
the
continual
reparation
thereof
.
Ways
.
And
be
it
further
Enacted
,
C.
24.
§
3.
N.
1.
&c.
that
the
Iustices
of
Peace
of
the
said
County
of
Worcester
,
or
any
three
,
four
or
more
of
them
to
be
nominated
and
agreed
on
by
the
Iustices
of
Peace
of
the
said
County
or
the
more
part
of
them
in
their
general
Quarter
Sessions
,
shall
have
full
Power
and
Authority
from
time
to
time
as
often
as
need
shall
require
,
untill
the
said
Bridge
(
viz.
over
the
Severn
near
Upton
)
shall
be
fully
reedified
,
&c.
to
rate
,
tax
and
assess
the
said
County
of
Worcester
,
and
the
several
Hundreds
,
Towns
,
Parishes
,
Villages
and
Hamlets
within
the
same
,
and
every
Inhabitant
or
Dweller
within
any
the
said
Hundreds
,
&c.
other
than
the
said
City
of
Worcester
and
the
Citizens
aforesaid
concerning
their
Lands
,
Goods
and
Chattels
aforesaid
,
to
such
reasonable
sum
and
sums
of
mony
,
as
to
the
said
Iustices
so
nominated
as
aforesaid
,
or
any
three
,
four
or
more
of
them
shall
be
thought
fit
and
convenient
.
Scotland
.
And
be
it
further
Enacted
,
4
Jac.
Cap.
1.
§
28.
N.
1.
&c.
that
every
Iustice
of
Peace
of
the
Counties
aforesaid
(
viz.
of
Cumberland
,
Northumberland
,
Westmerland
,
&c.
unto
whom
Complaint
shall
be
made
,
(
viz.
of
Offences
in
England
by
Scots
,
or
in
Scotland
by
English
)
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
,
to
bind
over
by
Recognizance
in
a
convenient
Sum
taken
to
his
Majesties
use
,
as
well
the
Party
prosecuting
,
as
any
Witnesses
which
he
shall
desire
to
produce
,
so
as
the
said
Witnesses
may
have
their
reasonable
charges
first
tendred
unto
them
,
to
prosecute
and
give
in
Evidence
before
such
his
Majesties
Iustices
as
aforesaid
,
as
the
Case
shall
require
,
7
Jac.
Cap.
1.
§
3.
N.
1.
C.
4.
§
2.
N.
1.
And
be
it
further
Enacted
,
Ale
.
&c.
that
all
Offences
to
be
done
or
committed
contrary
to
the
true
meaning
of
this
Act
,
(
viz.
of
selling
Ale
without
Licence
,
&c.
)
and
all
Penalties
aforesaid
,
shall
be
inquired
of
,
sued
for
,
heard
and
determined
in
the
Sessions
of
the
Peace
for
the
County
,
City
or
Borough
,
Town
or
Liberty
,
or
in
the
Court
of
Record
of
the
City
,
Borough
,
Town
or
Liberty
wherein
such
Offence
shall
be
committed
,
by
Action
of
Debt
,
Information
,
Indictment
or
Presentment
wherein
no
Essoyn
,
Protection
or
Wager
of
Law
shall
be
allowed
to
the
Defendant
.
C.
5.
§
2.
N.
2.
And
if
the
said
person
,
Ale
.
&c.
so
convicted
(
viz.
of
being
drunk
)
shall
refuse
or
neglect
to
pay
,
&c.
(
viz.
5
s.
)
then
the
same
shall
be
from
time
to
time
levyed
of
the
Goods
of
every
such
person
,
&c.
so
refusing
or
neglecting
to
pay
the
same
,
by
Warrant
or
Precept
from
the
same
Court
,
Iudge
or
Iustices
before
whom
the
same
conviction
shall
be
.
§
2.
N
3.
And
if
the
Offender
,
Imprisonment
.
&c.
be
not
able
to
pay
the
said
sum
of
five
shillings
,
then
the
Offender
,
&c.
shall
be
committed
to
the
Stocks
for
every
Offence
,
there
to
remain
by
the
space
of
six
hours
.
§
3.
N.
1.
And
be
it
further
Enacted
,
&c.
that
if
any
Constable
,
Constable
.
or
any
other
inferior
Officer
of
that
Parish
or
Place
where
the
Offence
shall
be
committed
,
to
whom
that
shall
be
given
in
Charge
by
the
Precept
of
any
Mayor
,
Bailiff
,
other
Head-Officer
or
Iustices
of
the
Peace
within
their
several
Limits
,
do
neglect
the
due
Correction
of
the
said
Offender
,
or
the
due
levying
of
the
said
Penalties
where
Distress
may
be
had
,
then
every
person
so
offending
shall
forfeit
the
sum
of
ten
shillings
,
&c.
to
be
levyed
by
way
of
distress
by
any
other
person
,
&c.
having
Warrant
from
any
Mayor
,
Bailiff
,
or
other
Head-Officer
,
Iustices
of
Peace
or
Court
where
any
such
Conviction
shall
be
,
&c.
§
5.
N.
2.
Be
it
further
Enacted
,
Justices
.
&c.
that
all
the
Offences
in
this
and
the
said
former
Act
(
viz.
1
Jac.
Cap.
9.
)
mentioned
,
(
viz.
selling
Ale
without
Licence
,
being
drunk
,
&c.
)
shall
be
from
time
to
time
diligently
inquired
of
and
presented
before
the
Iustices
of
Assizes
in
their
Circuit
,
Iustices
of
Peace
in
their
Quarter
or
Ordinary
Sessions
,
and
before
the
Mayors
,
Bailiffs
or
other
Head-Officers
of
every
City
or
Town-Corporate
who
have
Power
to
inquire
of
Trespasses
,
Riots
,
Routs
forces
and
such
like
Offences
,
and
in
every
Court-Leet
,
and
thereupon
such
due
proceeding
shall
be
against
the
Offender
,
&c.
for
their
due
Conviction
in
that
behalf
as
in
such
like
Cases
upon
any
Indictment
or
Presentment
is
used
by
the
Laws
of
the
Realm
,
or
Customs
of
the
City
,
Town
or
Place
where
such
Presentment
or
Indictment
shall
be
inquired
of
and
found
.
7
Jac.
Cap.
1.
§
3.
N
1.
For
the
preventing
,
Scotland
.
&c.
(
viz.
of
not
sending
English
into
Scotland
for
Offences
there
&
Contra
)
Be
it
Enacted
,
&c.
that
if
any
time
,
&c.
any
person
,
&c.
shall
commit
,
&c.
pety
Treason
,
Murder
,
Manslaughter
,
Felonious
burning
of
Houses
and
Corn
,
Burglary
,
Robbing
of
Houses
by
day
,
Robbery
,
Theft
or
Rape
,
and
do
or
shall
fly
or
escape
into
the
Realm
of
England
,
and
be
or
shall
be
apprehended
,
&c.
within
the
Parts
,
&c.
lying
on
the
North-side
of
the
River
Tyne
,
&c.
that
then
it
shall
and
may
be
lawful
to
and
for
the
Iustices
of
Assize
or
any
one
of
them
in
the
absence
of
the
other
,
the
Iustices
of
Goal-delivery
at
their
Goal-delivery
or
any
four
of
them
,
or
the
Iustices
of
Peace
in
their
General
or
Quarter
Sessions
or
any
four
of
them
upon
due
and
mature
Examination
of
the
said
Offence
,
&c.
in
open
Sessions
,
and
pregnant
proofs
of
the
same
by
Warrant
under
their
Hands
and
Seals
to
remand
and
send
all
and
every
such
Offender
,
&c.
into
the
Realm
of
Scotland
,
there
to
receive
their
Tryal
for
any
the
Offences
aforesaid
by
them
there
committed
,
any
thing
in
the
said
Statute
(
viz.
4
Jac.
Cap.
1.
§
37.
N.
1.
)
to
the
contrary
thereof
notwithstanding
.
Apprentices
And
for
the
better
Execution
of
this
Act
,
be
it
further
Enacted
,
C.
3.
§
6.
N.
1.
&c.
that
all
,
&c.
appointed
by
this
Act
to
have
the
imploying
and
disposing
of
any
sum
or
sums
of
mony
so
given
or
to
be
given
as
aforefaid
,
(
viz.
for
binding
out
Apprentices
,
&c.
)
within
any
Town
or
Parish
not
Corporate
,
shall
,
&c.
once
every
year
in
the
Easter
week
,
or
within
one
Month
next
after
Easter
day
,
make
a
true
and
perfect
Account
before
four
,
three
or
two
Iustices
of
the
Peace
dwelling
in
or
next
to
every
of
the
said
Towns
or
Parishes
,
of
all
such
sum
and
sums
of
mony
as
they
or
any
of
them
have
imployed
,
in
binding
of
Apprentices
by
vertue
of
this
Act
,
and
of
all
Bonds
and
Obligations
taken
for
the
paiment
thereof
,
and
also
of
all
such
sums
of
mony
as
then
shall
haypen
to
be
remaining
in
their
hands
not
imployed
.
Poor
.
Which
houses
(
viz.
of
Correction
)
shall
be
purchased
,
C.
4.
§
2.
N.
2.
conveyed
or
assured
unto
such
person
or
persons
as
by
the
Iustices
of
Peace
or
the
more
part
of
them
in
their
Quarter
Sessions
of
the
Peace
,
to
be
holden
within
every
County
of
this
Realm
of
England
and
Wales
upon
Trust
,
to
the
intent
the
same
shall
be
used
and
imployed
for
the
keéping
,
correcting
and
setting
to
work
of
the
said
Rogues
,
Vagabonds
or
sturdy
Beggers
,
and
other
idle
and
disorderly
persons
.
Justices
.
And
be
it
further
Enacted
,
§
4.
N.
1.
&c.
that
the
Iustices
of
Peace
of
every
County
within
the
Realm
of
England
and
Wales
at
their
Quarter
Sessions
of
the
Peace
to
be
holden
before
their
several
Counties
(
next
after
the
erecting
,
providing
or
building
of
the
said
house
or
houses
,
and
from
time
to
time
)
or
the
most
part
of
them
,
shall
elect
,
nominate
and
appoint
at
their
Will
and
Pleasure
,
one
or
more
honest
,
fit
person
or
persons
,
to
be
Governour
or
Masters
of
the
said
house
or
houses
,
so
to
be
purchased
,
erected
,
built
or
provided
.
Process
.
And
be
it
further
Enacted
,
§
5.
N.
1
&c.
that
the
said
Iustices
of
Peace
of
every
County
within
every
of
their
several
Divisions
,
twice
in
every
year
at
the
least
,
and
oftner
if
there
be
occasion
,
shall
assemble
and
meet
together
for
the
better
Execution
of
this
Statute
,
and
that
some
four
or
five
days
before
their
Assembly
and
meeting
,
the
said
Iustices
,
or
the
more
part
of
them
,
shall
by
their
Warrant
,
command
the
Constables
and
Tything-men
of
every
Hundred
,
Town
,
Parish
,
Village
and
Hamlet
within
their
several
Divisions
,
which
shall
be
assisted
with
sufficient
men
of
the
same
Places
,
to
make
a
general
privy
search
in
one
Night
within
their
said
Hundreds
.
Towns
,
Villages
and
Hamlets
for
the
finding
out
and
apprehending
of
the
said
Rogues
,
Vagabonds
,
wandring
and
idle
persons
.
Poor
.
And
that
such
Rogues
,
Vagabonds
,
§
5.
N.
2.
wandring
and
idle
persons
as
they
shall
then
find
and
apprehend
in
the
said
search
,
shall
by
them
be
brought
before
the
said
Iustices
at
the
said
Assembly
or
Meeting
,
there
to
be
examined
of
their
idle
and
wandring
Life
,
there
to
be
punished
,
or
otherwise
by
their
Warrant
to
be
sent
or
conveyed
unto
the
said
House
,
&c.
of
Correction
within
the
said
County
,
or
to
his
Deputy
,
or
assigned
to
be
set
to
labor
and
work
Constables
.
At
which
days
and
times
of
Assembly
and
Meeting
so
to
be
held
by
the
said
Iustices
of
Peace
,
§
5.
N.
3.
the
Constables
and
Tything-men
of
every
Hundred
,
Parish
,
Town
,
Village
and
Hamlet
,
shall
then
appear
in
every
their
several
Divisions
before
the
said
Iustices
of
Peace
at
the
said
Assemblies
or
Meetings
,
and
there
shall
give
Account
and
Reckning
upon
Oath
in
Writing
,
and
under
the
Hand
of
the
Minister
of
every
Parish
,
what
Rogues
,
Vagabonds
,
and
wandring
and
disorderly
persons
they
have
apprehended
,
both
in
the
same
search
,
and
also
between
every
such
Assemblies
and
Meetings
,
and
how
many
have
been
by
them
punished
or
otherwise
sent
unto
the
Houses
of
Correction
,
which
if
the
said
Constables
or
Tything-men
shall
neglect
to
perform
,
as
also
to
convey
safely
all
such
Rogues
,
with
all
other
idle
and
disorderly
persons
at
the
Charge
of
the
Hundred
,
as
by
the
Iustices
of
Peace
their
Warrants
shall
be
sent
unto
the
houses
of
Correction
in
the
same
County
,
that
then
they
shall
forfeit
such
further
Fines
,
Pains
and
Penalties
as
by
the
said
Iustices
of
Peace
or
the
most
part
of
them
shall
be
thought
fit
and
convenient
,
not
exceeding
the
sum
of
40
s.
for
every
Offence
.
§
6.
N.
1.
Be
it
therefore
Enacted
,
Poor
.
&c.
that
the
said
Masters
or
Governours
of
the
said
houses
of
Correction
,
shall
have
such
sums
of
mony
yearly
as
shall
be
thought
meet
by
the
most
part
of
the
Iustices
of
Peace
within
the
said
County
at
the
Quarter
Sessions
of
the
Peace
,
the
same
to
be
paid
Quarterly
beforehand
by
the
Treasurers
,
appointed
,
&c.
(
viz.
43
Eliz.
Cap.
2.
§
N.
)
during
the
time
they
the
said
Masters
and
Governours
shall
be
imployed
in
the
said
Service
,
the
said
Master
and
Governor
giving
sufficient
Security
for
the
continuance
and
performance
of
the
said
Service
.
§
7.
N.
1.
And
because
great
Charge
ariseth
upon
many
places
within
this
Realm
,
by
reason
of
Bastardy
,
Bastardy
.
beside
the
great
Dishonour
of
Almighty
God
.
Be
it
therefore
Enacted
,
&c.
that
every
lewd
Woman
which
,
&c.
shall
have
any
Bastard
,
which
may
be
chargeable
to
the
Parish
,
the
Iustices
of
Peace
shall
commit
such
lewd
Women
to
the
house
of
Correction
,
there
to
be
punished
and
set
on
work
during
the
term
of
one
whole
year
.
§
7.
N.
2.
And
if
she
shall
Eftsoons
offend
again
,
Imprisonment
.
that
then
to
be
committed
to
the
said
house
of
Correction
as
aforesaid
,
and
then
to
remain
until
she
can
put
in
good
Sureties
for
her
good
behavour
not
to
offend
so
again
.
§
8.
N.
3.
And
if
either
such
Man
or
Woman
(
viz.
having
Children
likely
to
charge
the
Parish
)
being
able
to
work
,
Process
.
and
shall
threaten
to
run
away
and
to
leave
their
Families
,
&c.
the
same
being
proved
by
two
sufficient
Witnesses
upon
Oath
before
two
Iustices
of
Peace
in
that
Division
,
that
then
the
said
persons
so
threatning
,
shall
by
the
said
Iustices
of
Peace
be
sent
to
the
houses
of
Correction
,
(
unless
he
or
she
can
put
in
sufficient
Sureties
for
the
discharge
of
the
Parish
)
there
to
be
dealt
with
and
detained
as
a
sturdy
wandring
Rogue
,
and
to
be
delivered
at
the
said
Assembly
or
Meeting
,
or
at
the
Quarter
Sessions
,
and
not
otherwise
.
§
9.
N.
1.
Be
it
therefore
Enacted
,
Amercement
.
&c.
that
if
they
(
viz.
the
Masters
of
houses
of
Correction
)
shall
not
every
Quarter
Sessions
yield
a
true
and
lawful
Account
unto
the
Iustices
of
Peace
of
all
such
persons
as
have
been
committed
to
their
Custody
;
or
if
the
said
persons
committed
to
their
Custody
or
any
of
them
,
shall
be
troublesome
unto
the
Country
,
by
going
abroad
or
otherwise
,
shall
escape
away
from
the
said
house
of
Correction
before
they
shall
be
from
thence
lawfully
delivered
,
that
then
the
said
Iustices
shall
set
down
such
Fines
and
Penalties
upon
the
said
Master
and
Governors
,
as
the
most
part
of
them
in
their
Quarter
Sessions
shall
think
fit
and
convenient
.
C.
6.
§
6.
N.
1.
All
and
every
Temporal
Iudge
,
Iustices
of
Peace
,
Oath
.
and
every
other
person
,
&c.
that
doth
or
shall
receive
any
Fee
of
your
Highness
,
your
Heirs
and
Successors
(
viz.
shall
take
the
Oath
of
Allegiance
)
before
the
Lord
Chancellor
,
&c.
Lord
Treasurer
,
Lord
Admiral
,
Lord
Warden
of
the
five
Ports
for
the
time
being
,
or
one
of
them
,
or
before
one
of
the
Chief
Iustices
,
&c.
or
before
the
Iustices
of
Assize
of
the
same
County
where
the
Parties
reside
,
or
other
such
persons
as
the
Lord
Chancellor
,
&c.
shall
thereunto
Authorize
.
§
26.
N.
2.
And
(
viz.
it
shall
be
lawful
)
to
and
for
any
two
Iustices
of
Peace
within
any
County
,
City
or
Town-Corporate
,
whereof
one
to
be
of
the
Quorum
,
Justices
.
to
require
any
person
or
persons
of
the
Age
of
eighteen
years
or
above
,
under
the
degree
of
a
Baron
or
Baroness
,
to
take
the
said
Oath
.
§
26.
N.
4.
And
if
any
person
or
persons
whatsoever
of
and
above
the
said
Age
,
Pope
.
and
under
the
said
Degree
,
&c.
shall
stand
and
be
presented
,
indicted
or
convicted
for
not
coming
to
Church
,
or
receiving
the
Holy
Communion
,
&c.
according
to
the
Laws
and
Statutes
of
this
Realm
,
before
the
Ordinary
,
or
any
other
having
lawful
Power
to
take
such
Presentment
or
Indictment
,
or
if
the
Minister
,
Pety-Constable
and
Church-Wardens
or
any
two
of
them
,
shall
at
any
time
hereafter
complain
to
any
Iustice
of
Peace
near
adjoyning
to
the
Place
where
any
person
complained
of
shall
dwell
,
and
the
said
Iustice
shall
find
cause
of
Suspition
,
that
then
any
one
Iustice
of
Peace
within
whose
Commission
or
Power
such
person
shall
at
any
time
hereafter
be
,
or
to
whom
Complaint
shall
be
made
as
aforesaid
,
shall
upon
notice
thereof
require
such
person
or
persons
to
take
the
said
Oath
.
Imprisonment
.
And
that
if
any
person
or
persons
being
of
the
Age
of
eighteen
years
or
above
,
§
26.
N.
5.
shall
refuse
to
take
the
said
Oath
duly
tendered
to
him
or
her
according
to
the
true
intent
and
meaning
of
this
Statute
,
that
then
the
persons
authorized
by
this
Law
to
give
the
said
Oath
,
shall
and
may
commit
the
said
Offender
to
the
Common
Goal
,
there
to
remain
without
Bail
or
Mainprize
until
the
next
Assizes
or
general
Quarter
Sessions
to
be
holden
for
the
said
Shire
,
Division
,
Limit
or
Liberty
,
where
the
said
Oath
shall
be
again
in
the
said
open
Sessions
required
of
such
person
by
the
said
Iustices
of
Assize
,
or
Iustices
of
the
Peace
then
and
there
present
,
or
the
greater
number
of
them
.
Oath
.
And
if
the
said
person
,
§
26.
N.
6.
&c.
shall
refuse
to
take
the
Oath
being
tendered
to
him
or
her
by
the
said
Iustices
of
Assize
and
Goal-delivery
in
their
own
Assizes
or
Goal-delivery
,
or
the
Iustices
of
Peace
or
the
greater
part
of
them
in
their
general
or
Quarter
Sessions
,
every
person
so
refusing
shall
incur
the
Danger
and
Penalty
of
Premunire
mentioned
in
a
Statute
,
&c.
(
viz.
16
Rich.
2.
Cap.
5.
§
2.
N.
6.
)
except
Women
Covert
,
who
shall
be
committed
only
to
Prison
,
there
to
remain
without
Bail
or
Mainprize
till
they
will
take
the
said
Oath
,
Drapery
.
For
the
preventing
and
reformation
,
&c.
(
viz.
of
Deceits
,
C.
7.
§
2.
N.
1.
&c.
)
be
it
Enacted
,
&c.
that
all
,
&c.
who
shall
,
unjustly
,
falsely
or
deceitfully
convey
away
,
imbezil
,
purloyn
,
sell
or
detain
any
part
of
the
Wool
or
Yarn
delivered
by
any
Clothier
,
Maker
of
Bays
,
Says
,
,
or
by
any
other
person
,
&c.
making
such
Cloths
or
Stuffs
,
to
any
such
Sorter
,
Carder
,
Kember
,
Spinster
or
Weaver
of
Wool
or
Yarn
,
that
in
every
such
Case
and
Cases
,
as
well
the
Sorter
,
Carder
,
Kember
,
Spinster
and
Weaver
so
offending
,
as
the
Buyer
,
&c.
Receiver
,
&c.
of
the
same
,
knowing
the
same
,
being
thereof
lawfully
convicted
by
Confession
of
the
Party
,
&c.
so
offending
,
or
by
one
sufficient
Witness
upon
Oath
before
two
or
more
of
the
Kings
Majesties
Iustices
of
the
Peace
of
the
same
County
or
Liberty
where
the
same
Offence
,
&c.
shall
be
committed
,
or
if
it
be
within
a
Town-Corporate
,
before
the
Mayor
,
Bayliff
or
Chief-Officer
and
one
more
of
the
Aldermen
,
or
most
substantial
persons
of
the
said
Town
.
Justices
.
Who
shall
by
force
of
this
Act
have
full
Power
and
Authority
to
minister
the
same
Oath
,
§
2.
N.
2.
and
finally
to
hear
and
determine
all
and
every
the
Offences
aforesaid
.
Damages
.
Shall
give
and
make
to
the
Party
,
&c.
grieved
,
§
2.
N.
3.
such
recompence
and
satisfaction
for
such
their
damage
and
loss
,
as
by
the
said
Iustices
or
Chief-Officers
shall
be
ordered
and
appointed
.
Fowl
.
For
the
preventing
,
&c.
(
viz.
of
Destruction
of
Corn
,
C.
11
§
2.
N.
1.
Partridge
and
Phesants
,
&c.
)
be
it
Enacted
,
&c.
that
all
,
&c.
which
,
&c.
doth
or
shall
hawk
or
destroy
,
or
kill
any
Phesant
,
&c.
or
Partridges
with
any
kind
of
Hawk
,
&c.
or
Dogs
by
colour
of
hawking
,
between
the
first
day
of
July
and
the
last
day
of
August
,
and
the
same
Offence
or
Offences
being
proved
by
the
Confession
of
the
Party
,
or
by
the
Testimony
of
two
sufficient
Witnesses
upon
Oath
,
before
two
or
more
Iustices
of
Peace
of
the
said
County
,
City
or
Town-Corporate
wherein
the
Offence
shall
be
committed
,
or
the
Party
offending
apprehended
,
shall
be
by
the
said
Iustices
of
the
Peace
for
every
such
Offence
,
committed
to
the
Common-Goal
of
the
said
County
,
City
or
Town-Corporate
where
the
Offence
shall
be
committed
or
the
Parties
apprehended
.
Days
.
Provided
that
no
Offenders
shall
be
impeached
or
punished
by
vertue
of
this
Act
,
§
4.
N.
1.
unless
he
or
they
be
accused
as
delinquent
before
the
said
Iustices
of
Peace
,
within
six
Months
next
after
the
said
Offence
,
&c.
committed
or
done
.
Imprisonment
.
Be
it
therefore
further
Enacted
,
&c.
that
all
,
&c.
which
,
&c.
shall
take
,
§
8.
N.
1.
kill
or
destroy
any
Phesant
or
Partridge
with
setting
Dogs
and
Nets
or
otherwise
,
with
any
manner
of
Nets
Snares
or
Engines
,
and
the
same
Offence
or
Offences
being
proved
by
the
Confession
of
the
Party
,
or
by
the
Testimony
of
one
sufficient
Witness
upon
Oath
before
two
or
more
Iustices
of
the
Peace
of
the
same
County
,
City
or
Town-Corporate
wherein
the
Offence
shall
be
committed
,
or
the
Party
offending
apprehended
,
shall
be
by
the
said
Iustices
of
the
Peace
for
every
such
Offence
committed
to
the
Common-Goal
of
the
said
County
,
City
or
Town-Corporate
where
the
said
Offence
shall
be
committed
,
or
the
Party
apprehended
§
8.
N.
5.
And
further
to
become
bound
by
Recognizance
in
the
sum
of
twenty
pounds
to
his
Majesty
,
his
Heirs
and
Successors
,
Recognizance
.
with
Condition
that
they
the
said
Party
so
offending
,
shall
not
at
any
time
hereafter
take
,
kill
or
destroy
any
Phesant
or
Partridge
.
§
8.
N.
6.
Which
said
Recognizance
shall
be
taken
by
any
one
or
more
Iustices
of
the
Peace
of
the
said
County
,
Justices
.
City
or
Town-Corporate
where
the
said
Offence
shall
be
committed
as
aforesaid
,
and
shall
be
returned
to
the
next
Quarter
Sessions
,
and
there
to
remain
of
Record
as
other
Recognizances
taken
for
the
Peace
.
§
9.
N.
1.
And
be
it
further
Enacted
,
Constable
.
that
every
Constable
and
Head-borough
in
every
County
,
City
,
Town-Corporate
and
other
Place
where
they
shall
be
sworn
Officers
,
shall
and
may
by
vertue
of
this
present
Act
,
(
bringing
with
them
to
that
purpose
,
a
Lawful
Warrant
under
the
Hands
of
two
Iustices
of
the
Peace
of
the
County
,
City
Liberties
or
Town-Corporate
)
have
full
Power
and
Authority
to
enter
into
and
search
the
house
,
&c.
of
any
person
,
&c.
other
than
such
as
by
this
present
Act
are
allowed
to
take
Phesants
and
Partridges
with
Nets
as
aforesaid
,
being
suspected
to
have
any
setting
Dogs
or
Nets
for
the
taking
of
Phesants
and
Partridges
.
21
Jac.
Cap.
7.
§
3.
N
1.
And
be
it
further
Enacted
,
that
any
Iustice
of
Peace
in
any
County
,
Ale
.
and
any
Iustice
of
Peace
or
other
Head-Officer
in
any
City
or
Town-Corporate
within
their
Limits
respectively
,
shall
from
henceforth
have
Power
and
Authority
upon
his
own
view
,
confession
of
the
party
or
proof
of
one
Witness
upon
Oath
before
him
,
which
he
by
vertue
of
this
Act
shall
have
Power
to
administer
,
to
convince
any
person
of
the
Offence
of
Drunkenness
,
whereby
such
person
so
convict
shall
incur
the
Forfeiture
of
five
shillings
for
every
such
Offence
,
and
the
same
to
be
levyed
,
or
the
Offender
otherwise
punished
,
as
in
the
said
Statute
is
appointed
.
§
3.
N.
2.
And
for
the
second
Offence
,
Behavior
.
he
shall
become
bound
to
the
Good-behavior
as
if
he
had
been
convicted
in
open
Sessions
,
any
thing
in
the
said
former
Statute
,
&c.
(
viz.
4
Jac.
Cap.
5.
)
to
the
contrary
notwithstanding
.
Cap.
8.
Whereas
divers
turbulent
and
contentious
persons
,
Peace
.
some
out
of
Malice
and
others
in
hope
of
Gain
by
way
of
Composition
,
do
oftentimes
upon
their
Corporal-Oaths
peremptorily
and
corruptly
taken
,
or
otherwise
upon
false
Suggestions
and
Surmises
,
procure
Process
of
the
Peace
or
Good-behaviour
out
of
his
Majesties
Courts
of
Chancery
and
Kings
Bench
,
against
divers
of
his
Majesties
quiet
Subjects
,
whose
dwellings
and
abodes
are
for
the
most
part
in
Counties
far
distant
and
remote
from
the
said
Courts
,
to
their
intolerable
trouble
and
vexation
,
whereas
they
might
upon
good
cause
shewed
,
receive
Iustice
at
the
hands
of
the
Iustices
of
Peace
in
the
Counties
where
they
dwell
.
§
2.
N.
1.
For
remedy
whereof
,
be
it
Enacted
,
Process
.
&c.
that
all
Process
of
the
Peace
or
Good-behaviour
after
the
end
of
this
Session
of
Parliament
to
be
granted
or
awarded
out
of
the
same
Courts
or
either
of
them
against
any
person
or
persons
whatsoever
,
at
the
Suit
of
or
by
the
Prosecution
of
any
person
or
persons
whatsoever
,
shall
be
void
and
of
none
effect
,
unless
such
Process
shall
be
so
granted
or
awarded
upon
motion
first
made
before
the
Iudge
or
Iudges
of
the
same
Courts
respectively
fitting
in
open
Court
,
and
upon
Declaration
in
Writing
upon
their
Corporal
Oaths
to
be
then
exhibited
unto
them
by
the
said
Parties
which
shall
desire
such
Process
of
the
Causes
for
which
such
Process
shall
be
granted
or
awarded
,
by
or
out
of
any
of
the
said
Courts
respectively
,
and
unless
that
such
motion
and
declaration
be
mentioned
to
be
made
upon
the
back
of
the
Writ
,
the
said
Writings
there
to
be
entred
and
remain
of
Record
.
§
2.
N.
2.
And
that
if
it
shall
afterwards
appear
unto
the
said
Courts
or
either
of
them
respectively
,
Damages
.
that
the
Causes
expressed
in
such
Writings
or
any
of
them
be
untrue
,
that
then
the
Iudge
or
Iudges
of
the
said
Courts
or
either
of
them
respectively
,
shall
and
may
award
such
Costs
and
Damages
unto
the
Parties
grieved
for
their
or
any
of
their
wrongful
Vexations
in
that
behalf
,
as
they
shall
think
fit
,
and
that
the
Party
or
Parties
so
offending
,
shall
and
may
be
committed
to
Prison
by
such
Iudge
or
Iudges
,
until
he
or
they
pay
the
said
Costs
and
Damages
.
Supersedeas
.
And
whereas
divers
turbulent
and
contentious
persons
deservedly
fearing
to
be
bound
to
the
Peace
or
Good-behavior
by
the
Iustices
of
Peace
of
the
Counties
where
they
dwell
,
§
2.
N.
3.
do
oftentimes
procure
themselves
to
be
bound
to
the
Peace
or
Good-behavior
in
the
said
Courts
or
one
of
them
,
upon
insufficient
Sureties
,
or
upon
colourable
Prosecution
of
some
person
or
persons
who
will
be
ready
at
all
times
to
release
them
at
their
own
pleasure
,
whereupon
his
Majesties
Writs
of
Supersedeas
are
oftentimes
directed
to
the
Iustices
of
Peace
and
other
his
Majesties
Officers
,
requiring
them
and
every
of
them
to
forbear
to
arrest
or
imprison
the
Parties
aforesaid
for
the
Causes
aforesaid
,
by
means
whereof
the
said
turbulent
and
contentious
persons
misdemean
themselves
amongst
their
Neigbours
with
Impunity
,
to
the
great
Offence
and
Disturbance
of
their
Neighbours
amongst
whom
they
converse
and
live
,
and
to
the
affront
of
the
Iustices
of
Peace
,
and
to
the
evil
Example
and
Incouragement
of
like
evil
disposed
persons
.
Oath
.
Be
it
further
Enacted
by
the
Authority
aforesaid
,
§
3.
N.
1.
that
all
Writs
of
Supersedeas
after
the
end
of
this
present
Session
of
Parliament
to
be
granted
by
or
out
of
either
of
the
Courts
aforesaid
,
shall
be
void
and
of
none
effect
,
unless
such
Process
be
granted
,
likewise
upon
motion
in
open
Court
first
made
as
aforesaid
,
and
upon
such
sufficient
Sureties
as
shall
appear
unto
the
Iudge
or
Iudges
of
the
same
Court
respectively
upon
Oath
,
to
be
assessed
at
five
pound
Lands
,
or
ten
pounds
in
Goods
in
the
Subsidy-book
,
at
the
least
.
Record
.
Which
Oaths
,
and
the
Names
of
such
Sureties
,
§
3.
N.
2.
with
the
Places
of
their
abode
,
and
where
they
stand
so
assessed
in
the
Subsidy-books
,
shall
be
entred
and
remain
of
Record
in
the
same
Courts
.
Process
.
And
unless
it
shall
also
first
appear
unto
the
said
Iudge
or
Iudges
before
whom
such
Supersedeas
is
desired
,
§
3.
N.
3.
that
the
Process
of
the
Peace
or
Good-behavior
is
prosecuted
against
him
or
them
,
desiring
such
Supersedeas
bona
fide
by
some
Party
grieved
in
that
Court
out
of
which
such
Supersedeas
is
desired
to
be
so
awarded
and
directed
.
Bail
.
And
whereas
divers
lewd
and
evil
disposed
persons
commonly
called
Common-Bailers
,
or
Knights
of
the
Post
,
being
base
or
beggarly
persons
,
§
4.
N.
11
do
oftentimes
procure
themselves
to
be
assessed
at
high
rates
in
the
Subsidy-books
,
and
sometimes
do
falsely
take
upon
them
the
names
of
other
men
of
good
ability
,
of
purpose
to
enable
themselves
to
be
accepted
for
Bail
,
which
persons
being
of
small
or
no
ability
or
worth
,
are
ready
for
Lucre
and
Gain
,
to
become
bound
by
Recognizance
as
Sureties
for
such
persons
as
shall
procure
themselves
to
be
bound
to
the
Peace
,
or
Good-behavior
as
aforesaid
,
by
means
whereof
the
Iudge
or
Iudges
of
the
said
Courts
not
knowing
them
,
may
be
easily
abused
and
Iustice
deluded
.
Coron.
Be
it
therefore
Enacted
by
the
Authority
aforesaid
,
§
5.
N.
1.
that
the
Iudge
or
Iudges
of
the
Courts
aforesaid
respectively
or
either
of
them
,
upon
proof
of
any
the
misdemeanors
aforesaid
,
to
be
committed
in
the
obtaining
of
the
aforesaid
Writs
of
Supersedeas
,
or
procuring
such
Sureties
as
aforesaid
,
shall
and
may
likewise
punish
the
false
and
insufficient
Sureties
and
Bailers
aforesaid
,
and
the
Procurors
thereof
according
to
their
discretions
,
so
as
such
Punishment
extend
not
to
the
loss
of
Life
or
Member
.
Indictment
And
whereas
divers
Bills
of
Indictments
of
Riot
,
§
6.
N.
1.
forcible
Entry
or
of
Assault
and
Battery
being
found
before
the
Iustices
of
Peace
at
the
Quarter
Sessions
of
the
Peace
or
otherwise
,
are
oftentimes
removed
from
the
Counties
where
such
Indictments
are
found
by
Writs
of
Certiorari
unto
them
directed
out
of
the
said
Courts
,
by
,
or
by
the
means
of
the
persons
so
indicted
,
who
well
know
that
few
or
no
persons
grieved
by
such
their
Outrages
and
Misdemeanors
whereof
they
stand
so
indicted
,
will
undergo
the
travail
or
charge
of
Prosecution
of
such
Indictment
so
removed
by
bringing
the
Parties
so
indicted
to
tryal
,
by
means
whereof
such
Offenders
for
the
most
part
escape
unprosecuted
or
unpunished
,
and
the
King
loseth
the
Fines
which
ought
and
should
have
been
imposed
upon
them
,
if
such
Iudgements
had
been
prosecuted
and
not
removed
.
§
7.
N.
1.
Be
it
therefore
Enacted
,
Certiorari
.
that
all
such
Writs
shall
from
and
after
the
end
of
this
present
Session
of
Parliament
,
be
delivered
at
some
Quarter
Sessions
of
the
Peace
in
open
Court
§
7.
N.
2.
And
that
the
Parties
indicted
,
Bail
.
shall
before
the
allowance
of
such
Certioraries
,
become
bound
unto
such
person
or
persons
which
shall
prosecute
such
Bills
of
Indictment
against
them
,
in
the
sum
of
ten
pounds
,
with
such
sufficient
Sureties
as
the
Iustices
of
Peace
at
their
Quarter
Session
of
the
Peace
shall
think
fit
,
with
Condition
to
pay
unto
the
said
Prosecutors
of
such
Bills
of
Indictment
,
within
one
Month
after
the
Conviction
of
such
Parties
indicted
,
such
reasonable
Costs
and
Damages
as
the
said
Iustices
of
Peace
of
such
Counties
where
such
Bills
of
Indictment
shall
be
found
,
in
the
said
Sessions
of
the
Peace
shall
assess
or
allow
.
§
7.
N.
3.
And
that
in
Default
thereof
,
Certiorari
.
it
shall
be
lawful
for
the
said
Iustices
to
proceed
to
Tryal
of
such
Indictments
,
any
such
Writs
of
Certiorari
to
remove
the
same
Indictments
notwithstanding
.
C.
12.
§
4.
N.
1.
And
whereas
notwithstanding
the
said
Statute
(
viz.
7
Jac.
Cap.
5.
§
1.
N.
of
Justice
of
Peace
pleading
the
General
Issue
,
Justices
.
and
giving
special
matter
in
Evidence
.
)
the
Plaintiff
is
at
liberty
to
lay
his
Action
which
he
shall
bring
against
any
Iustice
of
Peace
or
other
Officer
in
any
Foreign
County
at
his
choice
,
which
hath
proved
very
inconvenient
unto
sundry
,
&c.
that
have
been
impleaded
by
some
contentious
and
troublesome
persons
in
Counties
far
remote
from
their
place
of
Habitations
.
§
5.
N.
1.
Be
it
therefore
Enacted
,
&c.
that
if
any
Action
,
Bill
,
Information
Plaint
or
Suit
upon
the
Case
,
Trespass
,
Battery
or
false
Imprisonment
shall
be
brought
,
&c.
against
any
Iustice
of
Peace
,
Mayor
or
Bailiff
of
City
or
Town-Corporate
,
Head-borough
,
Portreeve
,
Tythingman
,
Constable
,
Collector
of
Subsidy
or
Fifteens
,
Church-wardens
and
persons
called
Sworn-men
executing
the
Office
of
Church-warden
or
Overseer
of
the
Poor
,
and
their
Deputies
or
any
of
them
,
or
any
other
which
in
their
Aid
and
Assistance
,
or
by
their
Commandment
shall
do
any
thing
touching
or
concerning
his
or
their
Office
,
&c.
for
or
concerning
any
Matter
,
Cause
or
Thing
by
them
or
any
of
them
done
,
by
vertue
or
reason
of
their
or
any
of
their
Office
,
&c
that
the
said
Action
,
&c.
shall
be
laid
within
the
County
where
the
Trespass
or
Fact
shall
be
done
and
committed
,
and
not
elsewhere
,
Cap.
15.
Be
it
Enacted
,
&c.
that
such
Iudges
,
Force
.
Iustices
or
Iustice
of
Peace
as
by
reason
of
any
Act
,
&c.
(
viz.
5
Rich.
2.
Cap.
7.
15
Rich.
2.
Cap.
2.
8
H.
6.
Cap.
9.
31
Eliz.
11.
&c.
)
now
in
force
are
authorized
and
enabled
upon
Inquiry
,
to
give
Restitution
of
Possession
unto
Tenants
of
any
Estate
of
Free-hold
of
their
Lands
or
Tenements
which
shall
be
entred
upon
with
Force
,
or
from
them
witholden
by
force
,
shall
by
reason
of
this
present
Act
,
have
the
like
and
the
same
Authority
and
Ability
from
henceforth
upon
Indictment
of
such
forcible
Entries
or
forcible
witholdings
before
them
duely
found
,
to
give
like
Restitution
of
Possession
unto
Tenants
for
term
of
years
,
Tenants
by
Copy
of
Court-Roll
,
Gardians
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
.
C.
18.
§
4.
N.
3.
It
shall
be
lawful
for
any
two
or
more
Iustices
of
the
Peace
within
the
County
,
or
within
the
City
,
Drapery
.
Borough
or
Town-Corporate
where
such
deceivable
Cloth
(
viz.
with
Flocks
,
Thrums
,
Noyles
and
Hairs
,
&c.
)
shall
be
made
or
suspected
to
be
made
,
upon
Information
or
Complaint
of
any
of
the
said
Overseers
,
&c.
Searchers
,
or
any
other
of
their
Knowledge
or
Suspition
of
any
such
Offence
,
to
grant
their
Warrant
to
call
before
them
any
person
or
persons
whatsoever
that
shall
be
thought
in
their
discretions
fit
to
discover
any
such
Offence
.
Proof
.
And
to
examin
upon
Oath
such
person
,
§
4.
N.
4.
&c.
for
the
tryal
and
better
finding
out
of
the
Offence
aforesaid
,
and
if
upon
Examinations
it
shall
be
found
by
Testimony
of
two
Witnesses
or
more
,
or
by
the
Confession
of
the
Party
or
Parties
offending
,
that
any
such
Offence
,
&c.
have
been
committed
as
aforesaid
,
then
the
Party
,
&c.
that
shall
so
confess
his
or
their
said
Offence
,
&c.
or
who
shall
be
found
to
have
offended
,
shall
remain
convicted
of
such
his
Offence
,
&c.
Certificate
.
And
that
then
it
shall
and
may
be
lawful
for
the
said
two
Iustices
,
§
4.
N.
5.
to
certifie
such
Offence
,
&c.
unto
the
Church-wardens
and
Overseers
for
the
time
being
of
the
Poor
of
the
Parish
,
&c.
where
such
deceivable
Cloth
,
&c.
shall
be
made
under
the
Hands
and
Seals
of
the
said
Iustices
.
Process
.
And
be
it
further
Enacted
,
§
5.
N.
1.
&c.
that
immediately
from
and
after
such
Certificate
shall
be
delivered
to
any
of
the
Church-wardens
and
Overseers
of
the
Poor
of
any
Parish
,
&c.
where
such
Offender
,
&c.
shall
dwell
,
and
Warrant
by
them
(
viz.
the
two
Justices
)
made
to
the
said
Overseers
and
Church-wardens
for
the
levying
of
the
said
Forfeiture
,
it
shall
and
may
be
lawful
to
and
for
the
said
Church-wardens
and
Overseers
for
the
time
being
or
any
of
them
,
or
for
the
Successor
,
&c.
of
them
,
&c.
to
levy
the
sum
,
&c.
which
by
the
said
Certificate
and
Warrant
shall
appear
to
be
forfeited
by
way
of
Distress
and
Sale
,
&c.
Imprisonment
.
And
in
defect
of
such
Distress
,
§
5.
N.
2.
it
shall
be
lawful
to
and
for
the
said
two
Iustices
of
Peace
,
to
commit
the
Party
,
&c.
so
certified
to
have
offended
,
to
the
Common-Goal
,
there
to
remain
without
Bail
or
Mainprize
until
Payment
shall
be
made
of
the
said
sum
,
&c.
Pleading
.
And
that
if
any
Action
,
&c.
shall
,
§
5.
N.
3.
&c.
hereafter
happen
to
be
brought
or
commenced
against
any
person
,
&c.
for
taking
of
such
Distress
,
&c.
or
for
or
about
any
matter
or
thing
concerning
the
same
,
that
then
it
shall
and
may
be
lawful
to
and
for
every
such
person
,
&c.
against
whom
such
Action
,
&c.
shall
be
brought
,
&c.
to
plead
the
General
Issue
,
and
give
in
Evidence
,
and
to
be
allowed
double
costs
in
every
respect
and
degree
,
as
by
the
Statute
,
&c.
(
viz.
7
Jac.
Cap.
5.
)
is
already
Provided
and
Enacted
.
Forfeitures
.
And
be
it
further
Enacted
,
§
12.
N.
1.
&c.
that
all
Penalties
and
Forfeitures
for
want
of
length
,
breadth
and
weight
of
Cloth
,
&c.
limited
by
any
former
Act
now
in
force
,
or
by
this
present
Act
,
shall
be
distributed
into
three
equal
parts
,
whereof
one
third
part
shall
be
unto
the
said
Overseers
and
Searchers
finding
and
certifying
the
said
Default
of
length
,
breadth
and
weight
as
aforesaid
,
to
be
recovered
by
them
,
at
or
in
the
General
Quarter
Sessions
of
the
Peace
to
be
holden
for
the
County
,
City
or
Town-Corporate
where
the
Offence
therein
shall
happen
to
be
done
or
committed
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
,
wherein
no
Essoyn
,
Protection
,
Previledge
or
Wager
of
Law
shall
be
allowed
.
Bankrupts
.
And
be
it
further
Enacted
,
C.
19.
§
7.
N.
1.
&c.
that
if
any
Bankrupt
shall
upon
his
or
her
Examination
or
Examinations
to
be
taken
before
the
said
Commissioners
executing
the
said
Commission
,
be
found
fraudulently
or
deceitfully
to
have
conveyed
away
his
or
her
Goods
,
Chattels
,
Lands
,
Tenements
,
Offices
,
Fees
,
Rents
or
Annuities
or
other
Estate
,
or
any
part
thereof
to
the
value
of
twenty
pounds
or
above
,
to
the
end
and
purpose
to
hinder
the
Execution
of
this
Statute
,
or
of
any
other
the
aforesaid
Statutes
,
(
viz.
13
Eliz.
Cap.
7.
&
1
Jac.
Cap.
15.
&c.
)
or
thereby
to
defraud
,
delay
or
hinder
his
or
her
Creditors
of
the
same
,
and
shall
not
upon
his
or
her
Examination
discover
unto
the
said
Commissioners
,
and
if
it
lye
in
his
or
her
Power
,
deliver
unto
the
said
Commissioners
all
that
Estate
,
Goods
and
Chattels
so
fraudulently
and
deceitfully
conveyed
away
as
aforesaid
,
or
by
him
or
her
,
his
or
her
means
kept
or
detained
from
the
said
Commissioners
,
or
that
cannot
make
it
appear
unto
the
said
Commissioners
that
he
or
she
hath
sustained
some
casual
loss
whereby
he
or
she
is
disabled
to
pay
what
he
or
she
then
owed
,
shall
or
may
be
indicted
for
such
fraud
or
abuse
,
at
the
Assizes
or
General
Sessions
to
be
holden
before
the
Iudges
of
Assize
or
Iustices
of
Peace
,
of
the
County
or
Place
where
he
or
she
shall
become
Bankrupt
.
§
7.
N.
●
.
Coron.
And
if
upon
such
Indictment
or
Indictments
the
Bankrupt
be
thereof
convicted
,
he
or
she
so
convicted
,
shall
be
set
upon
the
Pillory
in
some
publick
place
for
the
space
of
two
hours
,
and
have
one
of
his
or
her
Ears
nailed
to
the
Pillory
and
cut
off
.
C.
20.
§
1.
N.
2.
And
that
if
any
,
&c.
shall
,
&c.
offend
herein
,
Oath
.
(
viz.
in
prophane
swearing
or
cursing
)
either
in
the
hearing
of
any
Iustice
of
Peace
of
the
County
,
or
of
any
Mayor
,
Iustice
of
Peace
,
Bailiff
or
Head-Officer
of
any
City
or
Town-Corporate
where
such
Offence
is
or
shall
be
committed
,
or
shall
thereof
be
convicted
by
the
Oaths
of
two
Witnesses
,
or
by
the
Confession
of
the
Party
before
any
such
Iustice
of
Peace
,
&c.
where
such
Offence
is
or
shall
be
committed
,
to
which
end
every
Iustice
of
Peace
and
every
such
Head-Officer
shall
have
Power
by
this
Act
to
minister
the
same
Oath
,
that
then
every
such
Offender
shall
for
every
time
so
offending
,
forfeit
and
pay
to
the
use
of
the
Poor
of
that
Parish
where
the
same
Offence
is
or
shall
be
committed
,
the
sum
of
twelve
pence
.
§
1.
N.
3.
And
it
shall
also
be
lawful
for
the
Constable
,
Process
.
Church-wardens
and
Overseers
of
the
Poor
of
that
Parish
,
by
Warrant
from
such
Iustice
of
Peace
or
Head-Officer
to
levy
the
same
,
&c.
by
Distress
and
Sale
,
&c.
§
1.
N.
4.
And
in
discharge
of
such
Distress
the
Offender
,
Infant
.
if
he
or
she
be
above
the
Age
of
twelve
years
,
shall
by
Warrant
from
such
Iustice
of
the
Peace
or
Head-Officer
,
be
set
in
the
Stocks
by
three
whole
hours
,
but
if
the
Offender
be
under
the
Age
of
twelve
years
,
and
shall
not
forthwith
pay
the
said
sum
of
twelve
pence
,
then
he
or
she
by
Warrant
of
such
Iustice
of
Peace
or
Head-Officer
,
shall
be
whipped
by
the
Constable
,
or
by
the
Parent
or
Master
in
his
presence
.
§
2.
N.
1.
And
be
it
further
Enacted
,
Pleading
.
that
if
any
such
Offender
shall
commence
any
Suit
in
Law
against
any
Officer
or
other
,
for
such
distraining
Sale
of
Goods
,
whipping
or
setting
in
the
Stocks
,
the
Defendant
,
&c.
may
plead
the
general
Issue
,
and
give
the
special
Matter
in
Evidence
,
&c.
and
if
it
be
found
against
the
Plaintiff
,
or
that
the
Plaintiff
be
nonsuit
,
the
Defendant
,
&c.
shall
be
allowed
good
costs
to
be
taxed
by
the
Court.
§
3.
N.
1.
Provided
nevertheless
,
Days
.
that
every
Offence
against
this
Law
shall
be
complained
of
,
and
Proved
as
abovesaid
,
within
twenty
days
after
the
Offence
committed
.
C.
21.
§
4.
N
1.
And
be
it
further
Enacted
,
Corn.
&c.
that
if
the
Horse-bread
which
any
of
the
said
Hostlers
or
Inholders
shall
make
,
be
not
sufficient
,
lawful
and
of
due
Assize
,
according
to
the
Price
of
Grain
and
Corn
as
abovesaid
,
or
that
if
any
of
them
shall
offend
in
any
thing
contrary
to
this
Act
,
then
the
Iustices
of
Assize
,
Iustices
of
Oyer
and
Terminer
,
Iustices
of
the
Peace
in
every
Shire
,
Liberty
or
Franchise
within
this
Realm
,
Sheriffs
in
their
Turns
,
and
Stewards
in
their
Leets
and
Law-days
shall
have
full
Power
and
Authority
,
to
inquire
,
hear
and
determine
the
said
Defaults
and
Offences
,
of
the
said
Hostlers
and
Inholders
hereafter
to
be
committed
against
the
form
of
this
present
Statute
.
C.
22.
§
7.
N.
1.
Provided
nevertheless
,
and
be
it
Enacted
,
Victuals
.
&c
,
that
if
the
Iustices
of
the
Peace
of
any
of
the
Counties
of
this
Realm
of
England
or
the
Dominion
of
Wales
,
at
their
Quarter
Sessions
of
any
of
the
said
Counties
,
shall
declare
and
publish
in
open
Sessions
,
that
the
Traders
aforesaid
in
Butter
and
Cheese
,
(
viz.
from
London
,
&c.
)
shall
forbear
to
buy
any
Butter
and
Cheese
for
any
time
within
the
said
County
or
Counties
,
or
within
any
Parts
or
Places
of
the
same
,
that
then
for
and
during
the
time
of
such
Restraint
,
the
said
Traders
in
Butter
and
Cheese
that
shall
buy
any
such
Butter
(
viz.
above
a
Barrel
)
or
Cheese
,
(
viz.
above
a
Weigh
)
and
sell
the
same
again
by
Retail
,
contrary
to
the
Acts
aforesaid
,
(
viz.
3
&
4
Ed.
6.
Cap.
21.
§
2.
N.
1.
and
5
&
6
Ed.
6.
Cap.
14.
§
3.
N.
1.
)
shall
not
be
freed
of
or
from
any
Penalties
of
the
said
Acts
,
but
shall
be
subject
to
the
same
as
if
this
Act
had
never
been
made
.
Statuta
Car.
1.
Games
.
AND
that
any
one
Iustice
of
the
Peace
of
the
County
,
1
Car.
1.
Cap.
1.
§
1.
N.
5.
or
the
Chief
Officer
or
Officers
of
any
City
,
Borough
or
Town-Corporate
where
such
Offence
,
(
viz.
of
resorting
to
Sports
on
the
Sunday
&c.
)
shall
be
committed
upon
his
or
their
View
,
or
Confession
of
the
Party
,
or
Proof
by
one
or
more
Witness
by
Oath
,
(
which
the
said
Iustice
,
or
Chief-Officer
or
Officers
shall
by
vertue
of
this
Act
have
Authority
to
Minister
)
shall
find
any
offending
in
the
Premisses
,
the
said
Iustice
or
Chief-Officer
,
&c.
shall
give
Warrant
under
his
or
their
Hand
and
Seal
to
the
Constables
and
Church-wardens
of
the
Parish
,
&c.
where
such
Offence
shall
be
committed
to
levy
the
said
Penalty
so
to
be
assessed
by
way
of
Distress
,
and
Sale
,
&c.
rendring
to
the
said
Offenders
the
overplus
,
&c.
and
in
default
of
such
Distress
,
that
the
party
offending
be
set
publickly
in
the
Stocks
by
the
space
of
three
hours
.
Religion
.
The
said
Offences
(
Viz.
Travailing
,
3
Car.
1.
C.
1.
2.
§
1.
N.
4.
or
Killing
or
Selling
Victual
on
Sunday
)
and
every
of
them
,
being
done
in
view
of
any
Iustice
of
Peace
,
Mayor
or
other
Head-Officer
of
any
City
or
Town-Corporate
within
their
Limits
respectively
,
or
being
proved
upon
Oath
by
two
or
more
Witnesses
,
or
by
the
Confession
of
the
Party
offending
,
before
any
such
Iustice
,
Mayor
or
Head-Officer
within
their
several
Limits
respectively
wherein
such
Offence
shall
be
committed
,
to
which
end
every
such
Iustice
,
Mayor
or
Head-Officer
shall
have
Power
by
this
Act
,
to
minister
an
Oath
to
such
Witness
or
Witnesses
.
Forfeitures
.
All
which
sums
,
&c.
(
viz.
of
twenty
shillings
forfeit
for
travailing
,
§
1.
N.
5.
and
six
shillings
and
eight
pence
for
killing
or
selling
Meat
on
Sunday
,
&c.
)
shall
or
may
be
levyed
by
any
Constable
or
Church-warden
,
by
Warrant
from
any
●uch
Iustice
or
Iustices
of
Peace
,
Mayor
or
other
Head-Officer
,
&c.
within
their
several
Limits
where
such
Offence
shall
be
committed
or
done
,
by
distress
and
sale
of
the
Offenders
Goods
,
&c.
or
shall
be
recovered
by
any
person
,
&c.
by
Bill
,
Plaint
or
Information
in
any
of
his
Majesties
Courts
of
Record
in
any
City
or
Town-Corporate
,
before
his
Majesties
Iustices
of
the
Peace
in
their
General
Sessions
of
the
Peace
.
Poor
.
All
which
Forfeitures
shall
be
imployed
to
and
for
the
use
of
the
Poor
of
the
Parishes
where
the
said
Offences
shall
be
committed
or
done
,
§
1.
N.
6.
saving
only
that
it
shall
be
lawful
to
and
for
any
such
Iustice
,
Mayor
or
Head-Officer
out
of
the
said
Forfeitures
,
to
reward
any
such
person
,
&c.
that
shall
inform
or
otherwise
prosecute
any
person
,
&c.
offending
against
this
present
Act
,
according
to
their
discretions
,
so
that
such
Reward
exceed
not
the
third
part
of
the
Forfeiture
.
Ale
.
Which
Law
(
viz.
5
&
6
Ed.
6.
Cap.
25.
§
4.
5.
)
hath
not
wrought
such
Reformation
as
was
intended
,
C.
3.
4.
§
1.
N.
6.
for
that
the
said
Fine
of
20
s.
is
seldom
levyed
,
and
for
that
many
of
the
said
Offenders
by
reason
of
their
Poverty
,
are
neither
able
to
pay
the
said
Fine
of
20
s.
nor
yet
to
bear
their
own
charges
of
conveying
them
to
the
Goal
,
and
moreover
do
leave
a
great
charge
of
Wife
and
Children
upon
the
Parishes
wherein
they
live
,
in
regard
whereof
,
the
Constables
and
other
Officers
are
much
discouraged
in
presenting
them
,
and
the
Offenders
become
obstinate
and
incorrigible
.
Licence
.
For
remedy
whereof
,
be
it
Enacted
,
&c.
that
if
any
,
§
2.
N.
1.
&c.
shall
upon
his
own
Authority
,
not
being
thereunto
Lawfully
licenced
,
take
upon
him
or
them
to
keep
a
Common
Ale-house
or
Tipling-house
,
or
use
commonly
selling
of
Ale
or
Beer
,
Cyder
or
Perry
,
that
then
every
such
,
&c.
shall
for
every
such
Offence
forfeit
and
lose
,
&c.
20
s.
to
the
use
of
the
Poor
of
the
Parish
,
&c.
the
same
Offence
being
viewed
and
seen
by
any
Mayor
,
Bailiff
,
or
Iustices
of
Peace
or
other
Head-Officer
within
the
several
Limits
,
or
confessed
by
the
Party
so
offending
,
or
approved
by
the
Oath
of
two
Witnesses
to
be
taken
before
any
Mayor
,
Bailiff
,
or
other
Head-Officer
,
or
any
one
or
more
Iustice
or
Iustices
of
the
Peace
who
by
vertue
of
this
Act
shall
be
authorized
to
minister
the
said
Oath
to
any
,
&c.
that
can
or
will
justifie
the
same
being
within
the
limits
of
their
said
Commission
.
§
2.
N.
2.
The
said
Penalties
to
be
levyed
by
the
Constables
or
Church-wardens
of
the
Parish
,
&c.
where
the
said
Offence
shall
be
committed
,
Forfeiture
.
who
shall
be
accountable
therefore
to
the
use
of
the
Poor
of
the
said
Parish
,
by
way
of
distress
to
be
taken
and
detained
,
by
Warrant
or
Precept
from
the
said
Mayor
,
Bailiff
,
Iustice
or
Iustices
or
other
Head-Officer
by
whom
the
said
Offence
shall
be
viewed
,
or
before
whom
the
same
shall
be
confessed
or
proved
as
aforesaid
.
§
2.
N.
3.
And
for
default
of
satisfaction
within
three
days
next
ensuing
,
Process
.
the
said
Distress
to
be
by
the
said
Constables
or
Church-wardens
apprised
and
sold
,
and
the
overplus
to
be
delivered
,
&c.
and
this
to
be
only
for
the
first
Offence
.
§
2.
N.
4.
And
if
such
Offender
,
Imprisonment
.
&c.
shall
not
have
sufficient
Goods
and
Chattels
whereby
the
said
20
s.
may
be
levyed
by
way
of
distress
as
aforesaid
,
or
shall
not
pay
the
said
sum
,
&c.
within
six
days
after
such
Conviction
as
aforesaid
,
that
then
the
said
Mayor
,
Bailiff
,
Iustice
or
Iustices
or
other
Head-Officer
before
whom
the
said
Offender
shall
be
convicted
as
aforesaid
,
shall
commit
all
and
every
the
said
Offender
,
&c.
to
some
Constable
,
&c.
or
other
inferior
Officer
,
&c.
of
the
City
,
Borough
,
Town
,
Parish
or
Hamlet
where
the
Offence
shall
be
committed
or
the
Party
apprehended
,
to
be
openly
whipped
for
the
said
Offence
,
as
the
said
Iustice
or
Iustices
shall
limit
or
appoint
.
§
3.
N.
1.
And
be
it
Enacted
,
Constable
.
&c.
that
if
any
Constable
or
inferior
Officer
shall
neglect
to
execute
the
said
Precept
or
Warrant
,
or
do
refuse
,
or
do
not
execute
by
himself
or
some
other
to
be
by
him
appointed
upon
the
Offender
the
Punishment
limited
by
this
Statute
,
that
in
that
Case
it
shall
and
may
be
lawful
for
the
said
Mayor
,
Bailiff
,
Iustice
or
Iustices
of
Peace
or
other
Head-Officer
,
to
commit
the
Constable
or
other
inferior
Officer
so
refusing
or
not
executing
,
&c.
to
the
Common
Goal
of
the
said
County
City
or
Town
Corporate
,
there
to
remain
without
Bail
or
Mainprize
until
the
said
Offender
,
&c.
shall
by
the
said
Constable
,
&c.
be
punished
and
whipped
as
is
above
limited
and
declared
,
or
until
he
or
they
so
neglecting
or
refusing
,
shall
have
paid
the
sum
of
40
s.
&c.
§
4.
N.
1.
And
be
it
further
Enacted
,
that
if
the
said
Offender
,
Ale
.
&c.
being
an
unlicenced
Ale-house-keeper
,
shall
offend
in
any
the
Premises
the
second
time
and
be
thereof
lawfully
convicted
in
manner
and
form
aforesaid
,
that
then
the
said
Mayor
,
Bailiff
,
Iustice
or
Iustices
of
the
Peace
or
other
Head-Officer
shall
commit
him
,
her
or
them
unto
the
house
of
Correction
,
there
to
remain
for
the
space
of
one
Month
,
and
be
dealt
withal
as
idle
and
disorderly
persons
.
§
4.
N.
2.
And
if
such
shall
again
offend
and
be
thereof
convicted
as
aforesaid
,
Imprisonment
.
that
then
the
said
Offender
,
&c.
for
every
such
Offence
shall
be
committed
unto
the
said
House
of
Correction
as
aforesaid
,
there
to
remain
,
until
by
the
Order
of
the
Iustices
in
their
General
Sessions
for
the
County
,
City
,
Borough
or
Franchise
,
he
,
she
or
they
shall
be
delivered
from
thence
.
§
5.
N.
1.
Provided
always
,
that
such
,
Process
.
&c.
as
shall
be
punished
by
vertue
of
this
Act
,
shall
not
be
punished
again
for
the
same
Offence
by
the
former
Act
,
&c.
(
viz.
5
&
6.
Ed.
6.
Cap.
25.
§
4.
N.
5.
§
5.
N.
2.
And
that
such
,
Information
&c.
as
shall
be
punished
by
vertue
of
the
before
mentioned
Act
,
(
viz.
5
&
6
Ed.
6.
Cap.
25.
§
4.
N.
5.
)
shall
not
be
punished
again
for
the
same
Offence
by
vertue
of
this
present
Act
,
nor
any
thing
there
contained
.
C.
4.
5.
§
15.
N.
1.
And
so
much
of
an
Act
,
Bastardy
.
&c.
(
viz.
18
Eliz.
Cap.
3.
§
2.
N.
1.
)
as
concerneth
Bastards
begotten
out
of
lawful
Matrimony
(
viz.
continued
to
the
next
Parliament
,
&c.
§.
15.
N.
2.
With
this
,
Justices
.
that
all
Iustices
of
Peace
within
their
several
Limits
and
Precincts
,
and
in
their
several
Sessions
may
do
and
execute
all
things
concerning
that
part
of
the
said
Statute
(
viz.
18
Eliz.
Cap.
3.
§
N.
)
that
by
the
Iustices
of
Peace
in
the
several
Counties
are
by
the
said
Statute
limited
to
be
done
.
Apprentices
And
be
it
Enacted
,
§
22.
N.
9.
that
all
persons
to
whom
the
overseers
of
the
Poor
shall
according
to
the
said
Act
(
viz.
43
Eliz.
Cap.
2.
§
N.
)
bind
any
Children
Apprentices
,
may
take
,
receive
and
keep
them
as
Apprentices
,
and
also
the
Church-wardens
and
Overseers
of
the
Poor
mentioned
in
the
said
Act
,
&c.
may
by
and
with
consent
of
two
or
more
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
within
their
respective
Limits
wherein
shall
be
more
Iustices
than
one
,
and
where
no
more
shall
be
than
one
;
with
the
Assent
of
that
one
Iustice
of
the
Peace
,
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
of
,
or
within
which
they
shall
be
Church-wardens
or
Overseers
of
the
Poor
,
any
former
Statute
to
the
contrary
notwithstanding
.
Measures
.
(
Viz.
Keeping
of
Measures
)
Or
Weights
other
than
according
to
the
Standard
of
Exchequer
,
forfeits
five
shillings
,
16
&
17
Car
1.
C.
19.
§
2.
N.
4.
being
thereof
lawfully
convicted
by
the
Oath
of
one
sufficient
Witness
before
any
Iustice
of
Peace
,
Mayor
or
other
Head-Officer
,
&c.
respectively
,
where
the
said
offence
shall
be
committed
,
who
by
vertue
of
this
Act
shall
have
Power
to
administer
an
Oath
in
that
behalf
.
Imprisonment
.
And
in
default
of
such
distress
,
§
2.
N.
3
it
shall
be
lawful
for
any
Iustices
of
Peace
,
Mayor
or
other
Head-officer
,
&c.
to
commit
the
said
Party
to
the
Prison
or
Goal
,
there
to
remain
without
Bail
or
Mainprize
,
until
he
shall
pay
such
sums
of
mony
forfeited
as
aforésaid
.
Justices
.
Provided
also
,
that
no
Iustice
or
Iustices
of
the
Peace
,
Mayor
,
§
8.
N.
1.
Bailiff
or
other
Head-officer
,
&c.
or
any
other
authorized
by
this
Statute
for
the
due
Execution
thereof
in
any
point
,
shall
be
sued
,
impleaded
or
otherwise
impeached
,
for
doing
or
executing
their
said
Offices
respectively
.
Pleading
.
And
if
any
Suit
,
&c.
shall
be
commenced
against
them
,
§
8.
N.
2.
their
Agents
and
Assistants
touching
the
Premises
,
that
then
it
shall
and
may
be
lawful
for
them
,
&c.
to
plead
the
general
Issue
,
not
guilty
,
and
to
give
this
Statute
in
Evidence
,
or
any
other
special
matter
in
Evidence
.
Statuta
Car.
2.
Ale
.
PRovided
always
,
&c.
that
the
Lord
Treasurer
,
12
Car.
2.
C.
23
§
29.
N.
1
&c.
shall
not
within
six
Months
after
the
commencement
of
this
Act
(
viz.
of
Excise
on
Beer
,
Ale
,
Syder
,
&c.
to
his
Majesty
for
Life
)
treat
,
conclude
or
agree
with
any
&c.
touching
the
farming
of
this
duty
upon
Beer
and
Ale
in
any
the
respective
Counties
or
Places
of
this
Realm
or
Dominions
thereof
,
other
than
with
such
persons
,
&c.
as
by
the
Iustices
of
Peace
of
the
said
Counties
or
Places
,
or
the
major
part
of
them
at
their
publick
Quarter
Sessions
shall
be
nominated
and
appointed
in
that
,
behalf
,
which
person
,
&c.
is
to
have
the
first
refusal
of
any
such
Farm
respectively
,
and
may
take
the
same
,
any
thing
,
&c.
notwithstanding
,
12
Car.
2.
Cap.
24
§
43.
N.
1.
Leases
.
Provided
,
§.
30.
N
1.
that
the
said
Duty
shall
not
be
let
to
any
other
person
or
persons
than
to
the
person
or
persons
recomended
by
the
Iustices
under
the
rate
that
it
shall
be
tendered
to
and
refused
by
such
person
,
&c.
so
recomended
,
12
Car.
2
Cap.
24.
§
44.
N.
1.
Forfeiture
.
And
all
such
Forfeitures
and
Offences
made
and
committed
within
all
or
any
the
Counties
,
Cities
,
§
31.
N.
3.
Towns
or
Places
within
this
Kingdom
or
Dominions
thereof
,
shall
be
heard
and
determined
by
any
two
or
more
of
the
Iustices
of
the
Peace
residing
near
the
Place
where
such
Forfeitures
shall
be
made
,
or
Offence
committed
,
12
Car.
2.
Cap.
24.
§
45.
N.
3.
Justices
.
And
in
Case
of
neglect
or
refusal
of
such
Iustices
of
the
Peace
by
the
space
of
fourteen
days
next
after
complaint
made
and
notice
thereof
given
to
the
Offender
,
then
the
Sub-Commissioners
or
the
major
part
of
them
,
§
31.
N.
4.
appointed
for
any
such
City
,
County
,
Town
or
Place
,
shall
and
are
hereby
impowered
to
hear
and
determine
the
same
.
Error
.
And
if
the
Party
find
himself
aggrieved
by
the
Iudgement
given
by
§
31.
N.
●
.
the
Sub-Commissioners
,
he
shall
and
may
appeal
to
the
Iustices
of
the
Peace
at
the
next
Quarter
Sessions
,
who
are
hereby
impowred
and
authorized
to
hear
and
determine
the
same
,
whose
Iudgement
therein
shall
be
final
,
12
Car.
2.
Cap.
24.
§
45.
N.
5.
§
31.
N.
6.
Which
said
Commissioners
for
Appeals
and
regulating
of
this
Duty
and
the
Chief-Commissioners
for
Exercise
,
Process
.
and
all
Iustices
of
Peace
and
Sub-Commissioners
aforesaid
respectively
,
are
hereby
authorized
,
and
straitly
enjoyned
and
required
,
upon
any
Complaint
or
Information
exhibited
and
brought
of
any
such
Forfeiture
made
,
or
Offence
committed
contrary
to
this
Act
,
to
summon
the
Party
accused
,
and
upon
his
appearance
or
contempt
,
to
proceed
to
the
Examination
of
the
Matter
of
Fact
,
and
upon
due
proof
made
thereof
,
either
by
the
voluntary
Confession
of
the
Party
,
or
by
the
Oath
of
one
or
more
credible
Witnesses
,
which
Oath
they
,
or
any
two
or
more
of
them
have
hereby
Power
to
administer
,
to
give
Iudgement
or
Sentence
according
as
in
and
by
this
Act
is
before
ordained
and
directed
,
and
to
award
and
issue
all
Warrants
under
their
Hands
for
the
levying
of
such
Forfeitures
,
Penalties
and
Fines
as
by
this
Act
is
imposed
for
any
such
offence
committed
,
upon
the
Goods
and
Chattels
of
the
Offender
,
and
to
cause
sale
to
be
made
of
the
said
Goods
and
Chattels
if
they
shall
not
be
redeemed
within
fourteen
days
,
rendring
to
the
Party
the
overplus
if
any
be
,
and
for
want
of
sufficient
Distress
,
to
imprison
the
Party
offending
till
satisfaction
be
made
,
12
Car.
2.
Cap.
24
§
45.
N.
6.
§
32.
N.
1.
Provided
nevertheless
,
that
it
shall
and
may
be
lawful
to
and
for
the
said
respective
Iustices
of
Peace
,
Justices
.
Commissioners
for
Excise
or
any
two
of
them
from
time
to
time
where
they
shall
see
cause
,
to
mitigate
,
compound
or
lessen
such
Forfeitue
,
Penalty
or
Fine
as
in
their
discretions
they
shall
think
fit
,
&c.
so
as
by
such
Mitigation
the
same
be
not
less
than
double
the
value
of
the
Duty
of
Excise
which
should
or
ought
to
have
been
paid
besides
the
reasonable
costs
and
charges
of
such
Officer
,
&c.
or
others
as
were
imployed
therein
,
to
be
to
them
allowed
by
the
said
Iustices
,
any
thing
&c.
notwithstanding
,
12
Car.
2.
Cap.
24
§
46.
N.
1.
§
33.
N.
1.
And
be
it
Enacted
,
&c.
that
no
person
,
Oaths
.
&c.
shall
be
capable
of
intermedling
with
any
Office
or
Imployment
relating
to
the
Excise
,
until
he
or
they
shall
before
two
or
more
Iustices
of
Peace
in
the
County
where
his
or
their
Imployment
shall
be
,
&c.
take
the
Oaths
of
Allegiance
and
Supremacy
,
which
Oaths
they
have
hereby
Power
to
administer
together
with
this
Oath
following
,
&c.
12
Car.
2.
Cap.
24.
§
47.
N.
1.
§
34.
N.
1.
And
it
is
further
Enacted
,
&c.
that
every
such
Iustice
of
Peace
shall
certifie
the
taking
of
such
oath
to
the
next
Quarter
Sessions
,
Certificate
.
there
to
be
recorded
,
12
Car.
2.
Cap.
24.
§
48.
N.
1.
§
36.
N.
1.
Provided
also
,
and
be
it
Enacted
,
that
no
Writ
or
Writs
of
Certiorari
shall
supersede
Execution
or
other
Proceedings
upon
any
Order
,
Certiorari
.
&c.
made
by
the
said
Iustices
aforesaid
in
Pursuance
of
this
Act
,
but
that
Execution
and
other
Proceedings
shall
and
may
be
had
and
made
thereupon
,
any
such
Writ
,
&c.
or
allowance
thereof
notwithstanding
,
12.
Car.
2.
Cap.
24.
§
50.
N.
1.
C.
24.
§
14.
N.
3.
And
if
any
,
&c.
shall
make
Provision
or
Purveyance
for
his
Majesty
,
Purveyance
.
his
Heirs
or
Successors
,
or
any
the
Queens
or
Children
aforesaid
,
or
impress
or
take
any
such
Carriages
or
other
things
aforesaid
,
on
any
pretence
or
colour
of
any
Warrant
aforesaid
,
under
the
Great
Seal
or
otherwise
contrary
to
the
intent
hereof
,
it
shall
be
lawful
for
the
Iustices
of
Peace
or
such
two
or
one
of
them
as
dwell
neer
,
and
to
the
Constables
of
such
Parish
or
Village
,
where
such
occasion
shall
happen
,
at
the
request
of
the
Party
grieved
,
and
they
are
hereby
enjoyned
to
commit
or
cause
to
be
committed
,
the
Party
,
&c.
so
doing
or
offending
to
Goal
till
the
next
Sessions
,
there
to
be
indicted
and
proceeded
against
for
the
same
,
and
that
the
Officers
and
Inhabitants
of
the
Village
or
Parish
where
such
offence
shall
happen
,
shall
be
assistant
therein
,
13
Car.
2.
Cap.
8.
§
2.
N.
1.
C.
34.
§
2.
N.
1.
And
it
is
hereby
further
Enacted
,
that
all
Sheriffs
,
Husbandry
.
Iustices
of
the
Peace
,
Mayors
,
Bailiffs
,
Constables
and
every
of
them
upon
Information
and
Complaint
made
unto
them
or
any
of
them
,
by
any
of
the
Officers
of
the
Customs
,
or
by
any
other
person
,
&c.
that
there
is
any
Tobacco
set
,
sown
,
planted
or
growing
within
their
Iurisdictions
or
Precincts
contrary
to
this
Act
,
shall
within
ten
days
after
such
Information
or
Complaint
,
cause
to
be
burnt
,
plucked
up
,
consumed
or
utterly
destroyed
all
such
Tobacco
so
set
,
sown
,
planted
or
growing
.
Wages
.
Provided
also
,
and
be
it
Enacted
,
&c.
that
no
person
,
&c.
shall
be
capable
of
having
,
using
or
exercising
the
Office
of
Port-Master
General
,
C.
35.
§
1.
3
N.
1.
or
any
other
imployment
relating
to
the
said
Office
,
unless
he
or
they
shall
first
take
the
Oaths
of
Allegiance
and
Supremacy
,
before
any
two
Iustices
of
the
Peace
of
the
respective
Counties
wherein
such
person
,
&c.
are
or
shall
be
resident
,
which
said
Iustices
are
hereby
Authorized
to
administer
the
said
Oaths
accordingly
.
Peace
.
Whereas
it
hath
been
found
by
sad
Experience
,
13
Car.
2.
C.
5.
that
tumultuous
and
other
disorderly
soliciting
and
procuring
of
Hands
by
private
persons
to
Petitions
,
Complaints
,
Remonstrances
and
Declarations
,
and
other
Addresses
to
the
King
,
or
to
both
or
either
Houses
of
Parliament
for
alteration
of
matters
established
by
Law
,
redress
of
pretended
Grievances
in
Church
or
State
,
or
other
publick
Concernments
have
been
made
use
of
,
to
serve
the
ends
of
factious
and
seditious
persons
gotten
into
power
to
the
violation
of
the
publick
Peace
,
and
have
been
a
great
means
of
the
late
unhappy
Wars
,
Confusions
,
and
Calamities
in
this
Nation
for
preventing
the
like
mischiefs
for
the
future
.
Process
.
Be
it
Enacted
by
the
Kings
most
excellent
Majesty
,
§
2.
N.
1
:
&c.
that
no
person
or
persons
whatsoever
,
shall
from
and
after
the
first
of
August
one
thousand
six
hundred
sixty
and
one
,
sollicite
,
labour
or
procure
the
getting
of
Hands
,
or
other
consent
of
any
persons
above
the
number
of
twenty
or
more
,
to
any
Petition
,
Complaint
,
Remonstrance
,
Declaration
or
other
Address
to
the
King
,
or
both
or
either
Houses
of
Parliament
for
alteration
of
matters
established
by
Law
in
Church
or
State
,
unless
the
matter
thereof
have
been
first
consented
unto
and
ordered
by
three
or
more
Iustices
of
the
County
,
or
by
the
major
part
of
the
Grand-Iury
of
the
County
or
Division
of
the
County
where
the
same
matter
shall
arise
,
at
their
publick
Assizes
or
General
Quarter
Sessions
,
or
if
arising
in
London
,
bp
the
Lord-Mayor
,
Aldermen
and
Commons
in
Common-Council
assembled
.
Joynder
.
And
that
no
person
or
persons
whatsoever
,
shall
repair
to
his
Majesty
,
§
2.
N.
2.
or
both
or
either
of
the
Houses
of
Parliament
,
upon
pretence
of
presenting
or
delivering
any
Petition
,
Complaint
,
Remonstrance
or
Declaration
,
or
other
Addresses
accompanied
with
excessive
number
of
people
,
not
at
any
one
time
with
above
the
number
of
ten
persons
.
Forfeiture
.
Vpon
pain
of
incurring
a
Penalty
not
exceeding
the
sum
of
one
hundred
pounds
in
mony
and
three
Months
Imprisonment
without
Bail
or
Mainprize
,
for
every
Offence
.
§
2.
N.
3.
Days
.
Which
Offence
to
be
Prosecuted
at
the
Court
of
the
Kings
Bench
,
§
2.
N.
4.
or
at
the
Assizes
or
General
Quarter
Sessions
within
six
Months
after
the
Offence
committed
,
and
proved
by
two
or
more
credible
Witnesses
.
Parliament
.
Provided
always
,
that
this
Act
or
any
thing
therein
contained
,
§
3.
N.
1.
shall
not
be
construed
to
extend
to
debar
or
hinder
any
person
or
persons
not
exceeding
the
number
of
ten
aforesaid
,
to
present
any
publick
or
private
Grievance
or
Complaint
to
any
Member
or
Members
of
Parliament
after
his
Election
,
and
during
the
Continuance
of
the
Parliament
,
or
to
the
Kings
Majesty
for
any
remedy
to
be
thereupon
had
.
Prerog
.
Nor
to
extend
to
any
Address
whatsoever
to
his
Majesty
,
§
3.
N.
2.
by
all
or
any
of
the
Members
of
both
or
either
Houses
of
Parliament
during
the
sitting
of
the
Parliament
,
but
that
they
may
enjoy
their
freedom
of
access
to
his
Majesty
as
heretofore
hath
been
used
.
Purveyance
.
Be
it
therefore
Enacted
,
Cap.
8.
§
2.
N
1.
&c.
that
the
Clerk
or
Chief-Officer
of
his
Majesties
Carriages
,
shall
three
days
at
least
before
his
Majesties
Arrival
by
Warrant
from
the
Green-Cloth
,
give
notice
in
Writing
to
two
or
more
of
his
Majesties
Iustices
of
the
Peace
next
adjoyning
,
to
provide
such
a
number
of
Carts
and
Carriages
from
the
Places
next
adjacent
as
his
Majesty
shall
have
present
use
of
,
expressing
the
certainty
,
&c.
Forfeiture
.
And
that
in
Case
any
,
§
2.
N.
2.
&c.
shall
refuse
to
provide
and
furnish
his
Majesty
that
now
is
,
or
his
Queen
that
shall
be
,
or
his
or
her
Houshould
in
their
Progress
for
Removals
,
&c.
that
then
upon
due
Proof
and
Conviction
,
&c.
by
the
Oath
of
the
Constable
or
other
Officer
,
or
two
other
credible
Witnesses
before
the
said
Iustices
of
Peace
of
the
County
,
or
Mayor
or
other
Chief-Officer
of
the
City
or
Corporation
where
he
or
they
inhabit
,
which
Oath
they
shall
have
Power
to
administer
,
the
Party
so
refusing
,
shall
,
&c.
forfeit
the
sum
of
forty
shillings
to
the
Kings
Majesties
use
,
to
be
fortwith
levyed
by
Distress
and
Sale
,
&c.
by
Warrant
from
the
said
Iustices
of
the
Peace
,
Mayor
or
other
Chief-Officer
.
§
3.
N.
2.
And
in
Case
any
Iustice
of
the
Peace
,
Mayor
,
Fees
.
Chief-Officer
or
Constable
,
shall
take
any
Gift
or
Reward
to
spare
any
,
&c.
or
shall
impress
more
Carriages
then
he
shall
be
directed
,
&c.
that
then
upon
due
Proof
and
Conviction
thereof
,
the
Party
so
offending
,
shall
forfeit
the
sum
of
ten
pounds
to
the
Party
thereby
grieved
,
or
any
other
who
shall
sue
for
the
same
,
&c.
§
5.
N.
1.
And
be
it
further
Enacted
,
Justices
.
&c.
that
any
two
or
more
of
the
Iustices
of
the
Peace
near
adjoyning
to
the
Road
through
which
his
Majesty
is
to
pass
,
shall
immediately
after
notice
in
Writing
from
the
said
Green-Cloth
and
Avener
under
their
Hands
and
Seals
,
set
down
and
appoint
such
reasonable
Rates
and
Prices
,
to
be
paid
during
his
Majesties
abode
there
,
both
for
Hay
and
Oats
,
and
other
Accomodations
for
Horses
,
as
they
in
their
discretion
shall
think
meet
;
which
Rates
,
one
day
at
the
least
before
his
Majesties
coming
to
such
Place
,
the
said
Iustices
shall
cause
to
be
proclaimed
in
the
Market
Town
next
to
such
place
,
and
in
such
of
the
Neighbouring
Towns
and
Villages
as
to
them
shall
seem
meet
,
to
the
end
that
notice
may
be
taken
of
such
Rates
and
Prices
.
§
5.
N.
2
And
if
any
person
shall
take
any
other
sum
than
what
is
or
shall
be
so
limited
,
either
for
Lodging
,
Horse-meet
,
Forfeiture
.
Stable-room
or
other
such
Accommodations
,
and
be
thereof
convicted
by
Confession
of
the
Party
,
or
by
the
Oath
of
one
credible
Witness
before
any
one
Iustice
of
the
Peace
,
(
which
Oath
,
the
said
Iustice
of
the
Peace
is
hereby
authorized
to
administer
)
that
then
in
such
Case
every
person
so
offending
,
shall
forfeit
and
pay
to
the
Party
grieved
the
sum
of
40
s.
the
same
to
be
levyed
by
Distress
by
Warrant
from
the
said
Iustice
of
the
Peace
,
and
Sale
there
of
,
&c.
C.
10.
§
1.
N.
3.
(
Viz.
The
Forfeiture
of
20
l.
by
Deer-stealer
)
to
be
levyed
by
the
way
of
Distress
upon
the
Goods
and
Chattels
of
every
such
Offender
,
Forest
.
by
Warrant
under
the
Iustices
Hand
before
whom
such
Conviction
shall
be
made
.
§
1.
N.
5.
And
for
want
of
sufficient
Distress
,
Imprisonment
.
the
Offender
shall
be
committed
to
the
House
of
Correction
for
six
Months
,
and
there
to
be
put
to
hard
Labour
,
or
to
the
Common-Goal
for
one
whole
year
without
Bail
or
Mainprize
,
at
the
discretion
of
the
Iustices
of
the
Peace
before
whom
such
Conviction
shall
be
,
and
not
to
be
discharged
from
thence
,
till
he
or
they
have
given
sufficient
Sureties
for
their
Good-behavior
,
for
one
whole
year
next
ensuing
,
after
his
or
their
Enlargement
.
13
Car.
2.
St.
2.
C.
1.
§
10.
N.
2.
And
from
and
after
the
Expiration
of
the
said
respective
Commissions
,
Coporation
.
(
viz.
for
regulating
of
Corporations
,
March
25.
1663.
)
the
said
three
Oaths
,
(
viz.
of
Allegiance
,
Supremacy
,
and
against
taking
up
Arms
against
the
King
,
&c.
)
and
Declaration
(
viz.
that
no
Obligation
lyeth
on
any
by
the
solemn
League
and
Covenant
)
shall
be
from
time
to
time
administred
,
&c.
by
such
,
&c.
persons
respectively
,
who
by
the
Charters
or
Vsages
of
the
said
respective
Cities
,
Corporations
and
Boroughs
,
and
Cinque-Ports
and
their
Members
,
and
other
Port-Towns
ought
to
administer
the
Oath
for
due
executing
the
said
Places
,
&c.
(
viz.
of
Mayor
,
Alder-men
,
Recorder
,
Bailiffs
,
Town-Clerks
,
Common-Council-men
,
&c.
§
10.
N.
3.
And
in
default
of
such
by
two
Iustices
of
the
Peace
of
the
said
Cities
,
Justices
.
&c.
for
the
time
being
,
if
any
such
there
be
,
or
otherwise
by
two
Iustices
of
Peace
for
the
time
being
of
the
respective
Counties
where
the
said
Cities
,
&c.
are
.
§
11.
N.
1.
And
be
it
likewise
Enacted
,
&c.
that
the
said
Commissioners
,
Oath
.
Iustices
of
the
Peace
and
other
persons
hereby
authorized
to
administer
the
said
Oaths
,
and
tender
the
said
Declaration
respectively
,
shall
cause
Memorandums
or
Entries
to
be
made
of
all
Oaths
taken
before
them
,
and
subscriptions
made
as
aforesaid
,
and
deliver
the
same
once
in
a
Year
to
the
respective
Town-Clerks
or
other
Register
or
Clerk
of
the
said
respective
Cities
,
&c.
who
shall
cause
the
same
to
be
fairly
Entred
into
the
Books
or
Registries
belonging
to
the
said
respective
Cities
,
&c.
Religion
.
And
it
is
Ordained
,
&c.
that
all
and
every
Iustice
of
Oyer
and
Terminer
,
13
&
14
Car.
2.
C.
1.
§
3.
N.
1.
Iustices
of
Assize
and
Goal-delivery
,
and
the
Iustices
of
the
Peace
,
shall
have
full
Power
and
Authority
in
every
of
their
open
and
General
Sessions
,
to
Inquire
Hear
and
Determine
all
and
every
the
said
Offences
,
(
viz.
of
Quakers
refusing
Oath
lawfully
tendered
;
or
assembling
above
Five
for
Religious
Worship
,
&c.
)
within
the
limits
of
their
Commission
to
them
Directed
,
and
to
make
Process
for
the
Execution
of
the
same
,
as
they
may
do
against
any
Person
being
Indicted
before
them
of
Trespass
,
or
lawfully
Convicted
thereof
.
Imprisonment
.
And
be
it
also
Enacted
,
That
it
shall
and
may
be
lawful
to
and
for
any
Iustice
of
Peace
,
Mayor
or
other
Chief
Officer
of
any
Corporation
,
§
4.
N.
1.
within
their
several
Iurisdictions
to
Committ
to
the
Common
Goal
,
or
bind
over
with
sufficient
Sureties
to
the
Quarter-Sessions
any
Person
,
&c.
offending
in
the
Premises
,
in
order
to
his
or
their
Conviction
aforesaid
.
Wayes
.
And
for
the
more
spéedy
reformation
,
C.
2
§
24.
N.
1.
&c.
(
viz.
of
Paving
the
Streets
hanging
out
Lights
,
carrying
away
Dust
,
and
Hackney-Coaches
,
&c.
)
Be
it
further
Enacted
,
&c.
That
every
one
of
his
Majesties
Iustices
of
either
Bench
,
and
Barons
of
the
Exchequer
,
and
every
Iustice
of
Peace
of
the
said
Cities
of
London
and
Westminster
,
&c.
within
their
several
Limits
respectively
,
shall
have
Power
and
Authority
upon
his
own
Knowledge
or
View
,
confession
of
the
Party
or
proof
of
one
credible
Witness
upon
Oath
before
him
,
which
Oath
by
vertue
of
this
Act
such
Iustice
shall
have
Power
to
Administer
,
to
Convict
any
Person
or
Persons
of
any
the
Offences
aforesaid
,
whereby
such
Person
or
Persons
so
Convict
shall
Incur
the
Penalties
and
Forfeitures
aforesaid
,
one
Moiety
whereof
shall
be
disposed
and
imployed
for
and
towards
the
Reparation
,
Paving
and
cleansing
of
the
Stréets
or
Place
where
the
Offence
shall
be
Committed
,
and
as
much
or
all
of
the
other
Moiety
as
the
Iustices
shall
think
fit
for
him
or
them
that
shall
discover
and
prosecute
the
same
,
in
case
the
said
Conviction
be
by
such
Discovery
and
Prosecution
.
Process
.
And
if
the
Conviction
be
by
the
View
or
Knowledge
of
such
Iustices
,
N.
2.
then
the
said
whole
Penalty
to
go
and
be
Imployed
for
and
towards
the
Repairing
,
Paving
and
Cleansing
of
the
said
Stréet
or
Place
,
&
shall
be
Levied
by
Distress
and
Sale
of
the
Goods
and
Chattels
of
the
Offender
,
by
Warrant
under
the
Hand
and
Seal
of
any
such
Iustice
,
to
be
directed
to
the
Constable
or
any
other
Officer
of
the
same
Parish
,
rendring
the
overplus
to
the
Party
:
and
in
default
of
Distress
or
not
payment
of
the
said
Penalties
within
six
dayes
after
demand
thereof
,
or
notice
in
Writing
left
at
the
House
or
Dwelling
place
of
the
Offender
by
the
said
Constable
or
any
other
Officer
,
(
the
said
Offender
not
being
a
Peer
of
this
Realm
,
)
shall
be
committed
to
the
Common
Goal
of
the
said
County
or
City
respectively
,
by
the
Warrant
of
any
such
Iustice
under
his
Hand
and
Seal
,
there
to
remain
without
Bail
or
Mainprise
until
payment
.
Taxes
.
And
be
it
further
Enacted
,
§
26.
N.
1.
&c.
That
within
Twenty
dayes
after
the
Election
and
Confirmation
of
the
said
Scavengers
,
&c.
the
Constables
Church-wardens
and
Overseers
for
the
Poor
,
and
of
the
High-wayes
of
the
said
Parishes
and
Places
respectively
,
or
the
greater
number
of
them
,
giving
notice
unto
or
calling
together
such
Inhabitants
of
their
respective
Parishes
,
as
have
formerly
born
the
like
Office
therein
;
they
or
the
greater
number
of
them
then
present
,
shall
make
and
settle
a
Tax
,
Rate
or
Assessment
,
according
to
a
pound
rate
to
be
imposed
or
set
upon
the
Inhabitants
of
the
said
Parish
,
Ward
or
Division
,
for
the
Year
following
for
the
purposes
aforesaid
,
which
being
allowed
and
confirmed
by
any
two
of
the
Iustices
of
the
Peace
of
the
Places
aforesaid
respectively
,
shall
be
Quarterly
paid
by
every
respective
Inhabitant
upon
demand
made
thereof
by
the
Beadle
of
the
Parish
,
or
other
Officer
appointed
to
Gather
and
Collect
the
same
.
Process
.
And
in
case
of
refusal
or
neglect
,
N.
2.
shall
by
Warrant
of
any
two
Iustices
of
the
Peace
under
their
Hands
and
Seals
,
be
levyed
by
Distress
and
Sale
of
the
Offenders
Goods
,
and
for
want
of
Distress
,
by
Imprisonment
of
the
Offender
,
&c.
War
.
And
the
said
Account
so
to
be
taken
(
viz.
by
the
Lieutenants
,
C.
3.
§
12.
N.
2.
&c.
of
the
Militia
of
the
Treasurers
,
Receivers
,
&c.
)
shall
be
forthwith
certified
to
the
Lords
of
His
Majesties
most
Honourable
Privy
Council
,
and
a
Duplicate
thereof
shall
be
Certified
to
the
Iustices
of
Peace
at
the
next
General
Quarter
Sessions
.
§
19.
N.
2.
Which
Oathes
(
viz.
of
Allegiance
,
and
Supremacy
,
Oaths
.
and
against
taking
Arms
against
the
King
,
&c.
)
any
one
Iustice
of
Peace
of
the
respective
Counties
and
Places
aforesaid
,
is
Enabled
to
Administer
to
such
respective
Lieutenant
,
(
viz.
of
the
County
before
he
act
in
Militia
,
&c.
)
as
is
not
a
Peer
of
this
Realm
,
and
the
said
Lieutenant
or
any
one
Iustice
of
the
Peace
of
the
respective
Counties
and
Places
aforesaid
,
is
Enabled
to
Administer
to
the
respective
Deputy-Lieutenants
not
being
Péers
,
&c.
C.
4.
§
7.
N.
2.
(
Viz.
Parson
having
Curate
,
shall
in
Person
read
Common
Prayers
,
Religion
.
&c.
)
upon
pain
to
forfeit
the
Sum
of
Five
Pounds
to
the
use
oft
he
Poor
of
the
Parish
for
every
Offence
,
upon
Conviction
,
by
Confession
,
or
Proof
of
two
credible
Witnesses
upon
Oath
before
two
Iustices
of
the
Peace
of
the
County
,
City
,
or
Town
Corporate
,
where
the
Offence
shall
be
committed
,
which
Oath
the
said
Iustices
are
hereby
Impowered
to
Administer
,
and
in
default
of
payment
within
ten
dayes
,
to
be
levied
by
Distress
and
Sale
,
&c.
by
the
Warrant
of
the
said
Iustices
,
&c.
§
21
N.
1.
And
that
any
two
Iustices
of
the
Peace
of
any
County
of
this
Kingdom
,
Imprisonment
.
&c.
and
the
Mayor
or
other
Chief
Magistrate
of
any
City
,
or
Town
Corporate
within
the
same
,
upon
Certificate
from
the
Ordinary
of
the
Place
made
to
him
or
them
of
the
Offence
Committed
,
shall
and
are
hereby
required
to
Commit
the
Person
or
Persons
so
Offending
(
viz.
Preaching
Lecture
or
Sermon
,
while
dissable
by
this
Act
of
Uniformity
)
to
the
Goal
of
the
same
County
,
City
or
Town
Corporate
accordingly
.
C.
5.
§
3.
N.
3.
Which
By-Laws
,
Rules
,
and
Ordinances
,
Drapery
.
(
viz.
by
the
Wardens
and
Assistants
of
the
Weavers
of
Norwich
Stuffs
,
&c.
)
being
Ratified
and
Confirmed
by
the
Mayor
and
two
Iustices
of
the
Peace
of
the
said
City
and
County
of
Norwich
,
for
the
time
being
,
and
thrée
other
Iustices
of
Peace
of
the
said
County
of
Norfolk
,
whereof
one
to
be
of
the
Quorum
,
shall
be
published
four
times
in
the
Year
at
the
least
,
at
four
publick
Assemblies
for
the
said
Trade
and
Manufacture
,
and
shall
be
obeyed
and
kept
by
the
several
Persons
within
and
under
the
said
Regulation
.
§
14.
N.
1.
And
that
if
any
Person
shall
Counterfeit
any
Seal
of
the
said
Trade
,
Forfeiture
.
(
viz.
of
Norwich
Stuffs
weaving
,
&c.
)
or
shall
Seal
any
piece
of
Stuff
under
the
Regulation
with
any
counterfeit
Seal
,
or
shall
remove
a
Seal
off
one
piece
and
set
it
unto
another
piece
which
hath
not
been
Sealed
by
the
Wardens
,
&c.
and
being
thereof
Convicted
by
his
own
Confession
,
or
by
the
Oath
of
two
or
more
Witnesses
to
be
taken
before
the
Mayor
of
the
said
City
,
or
his
Deputy
,
or
any
one
Iustice
of
the
Peace
of
the
City
of
Norwich
or
County
of
Norfolk
,
who
respectively
have
hereby
power
to
Administer
an
Oath
for
that
purpose
,
shall
forfeit
,
&c.
xx
l.
§
19.
N.
2.
And
that
if
any
Person
&c.
shall
refuse
,
hinder
,
Process
.
or
will
not
permit
the
said
Wardens
or
Assistants
,
or
any
two
or
more
of
them
to
Exercute
their
Office
according
to
the
Tenure
of
this
Act
,
&c.
being
thereof
Convicted
,
by
the
Oath
of
one
or
more
credible
Witnesses
before
the
Mayor
,
&c.
or
his
Deputy
,
or
any
one
Iustice
of
Peace
of
the
said
City
of
Norwich
,
or
County
of
Norfolk
respectively
,
who
are
hereby
Authorized
to
Administer
such
Oath
,
shall
forfeit
the
Sum
of
xl
s.
&c.
§
20.
N.
2.
Which
said
Penalties
and
Forfeitures
,
Forfeiture
.
together
with
all
other
Fines
and
Penalties
,
which
are
appointed
to
go
to
the
Poor
of
the
Trade
and
Manufacture
,
or
for
the
use
thereof
mentioned
in
this
Act
;
the
means
of
recovery
of
which
is
not
already
,
otherwise
herein
provided
and
set
forth
,
shall
be
levied
by
Distress
and
Sale
of
the
Offenders
Goods
and
Chattels
,
by
Warrant
to
be
granted
by
the
said
Mayor
,
or
his
Deputy
for
the
time
being
,
or
any
one
Iustice
of
Peace
of
the
City
of
Norwich
,
or
County
of
Norfolk
,
&c.
C.
6.
§
3.
N.
5.
And
every
such
Assessment
so
made
,
(
viz.
by
the
Surveyers
of
High-wayes
,
Taxes
.
with
two
Househoulders
of
the
Parish
Vill.
&c.
)
shall
within
six
dayes
after
be
presented
to
some
Iustice
of
the
Peace
near
adjoyning
to
the
Parish
where
it
is
made
,
to
be
seen
,
allowed
,
and
signed
by
him
.
N.
6.
And
after
such
allowance
,
every
Person
so
Assessed
,
Process
.
&c.
That
shall
not
within
twenty
dayes
after
demand
made
by
the
Surveyers
,
or
one
of
them
pay
such
Sum
,
&c.
shall
forfeit
and
pay
double
,
&c.
unless
upon
complaint
made
to
the
said
Iustice
of
wrong
done
to
such
Person
by
that
Assessment
,
the
said
Iustice
shall
think
fit
to
alter
the
same
.
Justices
.
And
if
any
Question
shall
arise
about
the
value
or
worth
of
such
work
,
§
4.
N.
3.
or
labour
,
or
Man
,
and
Team
(
viz.
in
High-wayes
,
&c.
)
some
Iustice
of
the
Peace
near
adjoyning
,
and
not
living
in
the
said
Parish
,
shall
determine
what
is
fit
to
be
allowed
for
such
work
.
Wayes
.
And
be
it
further
Enacted
,
&c.
That
it
shall
and
may
be
lawful
,
§
6.
N.
1.
to
and
for
the
said
Surveyers
of
the
High-wayes
for
the
time
being
of
every
such
Parish
,
Town
,
Village
,
or
Hamlet
,
within
their
several
Precincts
,
from
time
to
time
,
by
Order
from
the
Quarter
Sessions
,
and
upon
the
View
,
and
by
the
Allowance
and
Consent
of
two
or
more
Iustices
of
the
Peace
of
the
County
,
Authorized
thereunto
by
the
Sessions
;
wherein
such
Parish
,
Town
,
Village
,
or
Hamlet
,
shall
lye
,
under
their
Hands
and
Seals
in
Writing
,
where
any
Common
or
Publick
Highway
is
not
of
the
breadth
of
Eight
Yards
,
from
the
Shores
and
Banks
of
the
Ditches
on
either
side
,
or
from
the
Banks
and
Hedges
where
there
are
no
Ditches
,
to
assign
and
lay
out
so
much
of
any
Mans
several
Lands
next
adjoyning
to
the
said
Common
and
Publick
Highway
,
where
they
shall
think
it
néedful
,
and
it
may
conveniently
be
done
as
shall
enlarge
the
said
way
to
the
full
bredth
of
Eight
Yards
,
or
so
much
broader
towards
the
bredth
of
Eight
Yards
then
now
it
is
,
as
conveniently
the
place
will
bear
from
the
said
Shores
,
Ditches
,
Banks
,
or
Hedges
,
by
the
consent
of
the
owner
or
owners
of
the
said
Lands
,
according
to
his
or
their
respective
Interests
therein
,
or
otherwise
by
Order
of
the
Iustices
of
Peace
at
their
Quarter
Sessions
,
after
a
Writ
of
ad
quod
Damnum
first
Issued
out
and
returned
,
to
assign
and
lay
out
a
more
near
and
commodious
way
in
and
over
the
said
Lands
near
adjoyning
to
the
said
common
and
publick
Highwayes
,
the
said
Surveyers
first
giving
such
satisfaction
for
the
said
Ground
unto
the
respective
Owners
of
the
same
,
according
to
their
several
and
respective
Interest
,
in
the
whole
not
exceeding
twenty
years
purchase
.
Forfeitures
.
And
(
viz.
all
Assessments
,
Fines
,
and
Penalties
for
the
Highwayes
,
§
12.
N.
2.
&c.
)
be
Levied
,
Collected
,
and
Gathered
,
by
the
said
Surveyers
,
or
any
of
them
,
by
Warrant
under
the
Hands
and
Seals
of
any
two
Iustices
of
the
Peace
within
the
County
,
City
,
Riding
,
Town
Corporate
,
Liberty
,
or
Limit
,
wherein
the
same
lieth
by
Distress
and
Sale
of
the
Goods
.
&c.
Account
.
And
if
the
said
,
&c.
Surveyors
shall
not
make
such
an
Account
,
§
13.
N.
3.
and
Payment
,
&c.
(
viz.
within
the
year
following
,
new
Election
,
&c.
)
any
two
Iustices
of
the
Peace
living
near
to
,
or
in
the
said
Parish
,
shall
and
may
upon
Complaint
unto
them
made
,
Examine
the
business
upon
Oath
,
and
upon
default
found
in
the
Surveyor
,
&c.
shall
and
may
commit
him
or
them
to
the
Common
Gaol
of
that
County
,
City
,
Riding
,
Town
Corporate
,
Liberty
or
Limit
,
there
to
remain
until
be
hath
made
a
true
and
perfect
Account
and
Payment
,
&c.
Justices
.
And
be
it
further
Enacted
,
That
all
and
every
Iustices
of
Assize
,
§
14.
N.
1.
Oyer
and
Terminer
,
and
Iustices
of
the
Peace
,
&c.
are
hereby
Enabled
and
Impowered
,
to
Inquire
after
,
Hear
and
Determine
all
matters
concerning
charitable
Gifts
,
for
the
Making
,
Amending
,
and
keeping
in
Repair
any
Common
,
High-wayes
,
Pavements
,
Streets
,
and
Caus-wayes
,
within
the
Limits
of
their
Commisson
,
and
to
make
Orders
therein
,
for
the
due
Imployment
of
such
Charitable
Gifts
,
according
to
the
true
intent
and
meaning
of
the
Donors
thereof
,
except
Gifts
to
the
aforesaid
Vses
,
made
in
any
Colledge
,
Hall
,
Frée-School
,
or
Hospital
,
which
have
Visitors
of
their
own
,
and
also
to
Hear
and
Determine
all
Offences
,
Defaults
,
and
Defects
in
Surveyors
,
or
others
concerning
the
Premisses
.
Error
.
Provided
,
that
if
any
Person
be
agrieved
with
such
Order
,
§.
15.
N.
1.
they
shall
have
Liberty
to
appeal
to
the
Court
of
Chancery
,
as
in
the
Case
of
a
Decrée
made
upon
the
Statute
(
viz.
43
Eliz.
4.
)
of
Charitable
Vses
.
Certiorari
.
And
be
it
further
Enacted
,
&c.
That
,
§
16.
N.
1.
&c.
no
Certiorari
shall
be
allowed
to
remove
any
Information
,
Indictment
,
Presentment
,
Order
or
other
Procéedings
in
the
Quarter
Sessions
,
of
for
or
concerning
any
matter
or
thing
in
this
Act
,
unless
the
Party
or
Parties
against
whom
any
such
Information
,
Indictment
,
Presentment
,
Order
,
or
other
Proceeding
shall
be
had
by
Vertue
of
this
Act
,
shall
before
the
Allowance
of
such
Certioraries
,
become
bound
to
the
Person
or
Persons
prosecuting
in
the
Sum
of
xl
l.
with
sufficient
Sureties
as
the
Iustices
of
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
of
such
parties
Indicted
,
their
full
Costs
and
Damages
,
to
be
ascertained
upon
their
Oaths
,
and
that
in
default
thereof
,
it
shall
be
lawful
for
the
said
Iustices
to
proceed
to
Tryal
of
such
Indictments
,
any
such
Writs
of
Certiorari
to
remove
the
same
Indictments
notwithstanding
.
C.
7.
§
7.
N.
1.
And
be
it
further
Enacted
,
&c.
That
it
shall
and
may
be
lawful
,
Leather
.
to
and
for
the
Masters
and
Wardens
of
the
Cordwainers
,
Sadlers
,
Girdlers
,
and
Curriers
of
the
City
of
London
,
&c.
and
to
and
for
all
Iustices
of
the
Peace
,
Mayors
,
and
Chief
Officecs
of
Corporations
within
this
Realm
,
&c.
Wales
,
&c.
as
well
by
Land
as
by
Water
,
to
search
for
and
seize
any
Leather
or
raw
Hides
,
wrought
or
unwrought
,
cut
or
uncut
,
packed
up
or
unpacked
,
intended
or
purposed
to
be
Transported
by
any
person
,
&c.
Into
any
parts
beyond
the
Sea
,
or
into
Holland
,
other
then
Calves
skins
,
and
Shéep
skins
,
&c.
C.
9.
§
2.
N.
6.
And
the
said
two
Iustices
(
viz.
next
Parish
of
Poor
and
maimed
Officer
in
the
late
Wars
,
&c.
)
upon
the
Examination
of
the
truth
of
such
Certificate
,
Poor
.
(
viz.
of
Captain
or
Commission
Officer
,
&c.
)
which
the
said
two
Iustices
are
hereby
Impowered
to
take
upon
Oath
of
the
Party
,
and
of
such
Witnesses
as
he
shall
produce
,
shall
by
Warrant
unto
the
Treasurer
Assign
him
relief
,
until
the
next
Quarter
Sessions
to
be
holden
for
that
County
or
Liberty
,
at
which
time
a
yearly
Pension
shall
be
by
the
said
Iustices
or
the
major
part
of
them
granted
in
manner
and
form
,
and
with
power
of
Revocation
or
Alteration
,
as
by
the
said
Statute
(
viz.
43
Eliz.
3.
§
N.
)
is
further
declared
and
directed
.
C.
10.
§
4.
N.
1.
And
be
it
further
Enacted
,
&c.
that
the
several
Constables
and
other
Officers
,
Taxes
.
who
are
hereby
Authorized
to
take
the
Account
of
the
aforesaid
Hearths
&
Stoves
,
within
their
particular
Limits
as
aforesaid
,
shall
at
the
next
Quarter
Sessions
,
after
the
last
day
of
May
to
be
holden
for
their
respective
Counties
,
deliver
all
such
Accounts
in
Writing
,
as
they
shall
receive
,
reform
or
take
by
their
own
view
,
unto
the
Iustices
of
the
Peace
in
their
respective
Quarter
Sessions
of
the
said
Counties
,
together
with
a
true
note
of
the
Names
of
all
such
Persons
,
who
shall
refuse
or
neglect
to
give
unto
them
an
account
,
under
their
Hands
of
such
Hearths
and
Stoves
,
within
their
respective
Houses
,
Edifices
,
Chambers
,
and
Lodgings
as
aforesaid
.
§
5.
N.
1.
And
be
it
further
Enacted
,
That
the
said
Iustices
of
the
Peace
shall
cause
all
the
said
Accounts
of
the
several
Hearths
and
Stoves
,
Account
.
within
the
respective
Counties
,
to
be
Inrolled
by
the
Clerk
of
the
Peace
of
the
said
respective
Counties
,
Ridings
in
York-Shire
,
and
Divisions
in
Lincolnshire
,
and
also
a
Duplicate
thereof
in
parchment
under
the
Hands
and
Seals
of
thrée
or
more
of
the
Iustices
of
Peace
of
the
respective
Counties
and
Places
aforesaid
,
who
are
hereby
required
to
sign
the
Sum
to
be
returned
into
His
Majesties
Court
of
Exchequer
,
within
one
month
next
after
such
Account
delivered
unto
them
at
their
respective
Quarter
Sessions
aforesaid
.
N.
2.
Vpon
pain
that
the
Clerk
of
the
Peace
of
every
such
County
,
Riding
,
Forfeiture
.
or
Division
,
respectively
offending
therein
,
shall
forfeit
to
his
Majesty
,
his
Heirs
and
Successors
,
the
Sum
of
two
Hundred
pounds
for
the
first
month
,
and
for
the
second
month
he
shall
so
neglect
,
every
such
Clerk
of
the
Peace
shall
forfeit
and
lose
his
or
their
Place
and
Office
,
and
the
same
shall
become
void
accordingly
,
&c.
§
18.
N.
1.
Provided
always
▪
and
be
it
hereby
Enacted
,
Poor
.
That
if
the
Church-wardens
and
Overséers
of
the
Poor
of
the
Parish
,
together
with
the
Minister
of
the
same
or
any
two
of
them
,
whereof
the
Minister
to
be
one
,
shall
in
Writing
under
their
Hands
yearly
Certifie
their
belief
,
that
the
House
wherein
any
Person
doth
Inhabit
,
is
not
of
greater
value
then
of
twenty
shillings
per
Annum
,
upon
the
full
Improved
Rent
:
and
that
neither
the
Person
so
Inhabiting
,
nor
any
other
using
the
same
Messuage
,
hath
,
useth
or
occupieth
any
Lands
or
Tenements
of
their
own
or
others
of
the
yearly
value
xx
s.
per
Annum
,
nor
hath
any
Lands
,
Tenements
,
Goods
or
Chattels
of
the
value
of
Ten
pounds
in
their
own
possession
,
or
in
the
possession
of
any
other
in
trust
for
them
,
that
then
in
such
Case
,
upon
such
Certificate
made
by
the
two
next
Iustices
of
the
Peace
,
and
allowed
,
for
which
Certificate
and
Allowance
no
fée
shall
be
paid
,
the
person
on
whose
behalf
such
Certificate
is
made
,
&c.
shall
not
be
returned
by
the
Constable
or
other
Officer
,
and
the
said
house
is
hereby
for
that
year
discharged
,
of
and
from
all
the
Duties
by
this
Act
Imposed
.
Merchants
.
Be
it
Enacted
,
&c.
That
where
any
Officer
,
C.
11.
§
6.
N.
5.
&c.
(
viz.
in
Execution
of
this
Act
against
concealing
of
Customes
,
&c.
)
shall
be
by
any
person
,
&c.
Armed
with
Club
or
any
manner
of
Weapon
,
forcibly
hindered
,
afronted
,
abused
,
beaten
or
wounded
,
&c.
either
on
Board
any
Ship
or
Vessel
,
or
upon
the
Land
or
Water
in
the
due
execution
of
their
Office
,
all
and
every
person
,
&c.
so
refusing
,
afronting
;
abusing
,
beating
or
wounding
the
said
Officer
,
&c.
or
their
Deputies
,
or
such
as
shall
act
in
their
Aid
or
Assistance
,
shall
by
the
next
Iustice
of
Peace
or
other
Magistrate
,
be
committed
to
Prison
,
there
to
remain
till
the
next
Quarter
Sessions
.
Process
.
And
the
Iustices
of
Peace
of
the
said
Quarter
Sessions
,
N.
6.
shall
and
are
hereby
Impowered
to
punish
the
Offender
by
Fine
,
not
exceeding
one
Hundred
pounds
,
and
the
Offender
is
to
remain
in
Prison
till
he
be
discharged
by
order
of
the
Exchequer
,
both
of
the
Fine
and
of
the
Imprisonment
,
or
discover
the
Person
that
set
him
on
work
,
to
the
End
he
may
be
legally
proceeded
against
.
Merchants
.
And
further
,
that
in
Case
any
Carman
▪
Porter
,
Waterman
or
other
Person
,
§
7.
N.
3.
&c.
shall
assist
in
the
taking
up
or
Landing
,
Shiping
off
,
or
carrying
away
any
such
Goods
,
Wares
,
or
Merchandize
,
(
viz.
not
Landed
in
the
presence
of
an
Officer
of
the
Customes
,
&c.
)
that
then
such
Carman
,
Porter
,
Waterman
,
or
other
person
or
persons
so
offending
,
being
apprehended
by
Warrant
of
any
Iustice
of
the
Peace
for
that
County
,
City
,
or
Borough
,
which
the
said
Iustices
and
every
of
them
,
are
hereby
Authorized
,
to
Issue
,
and
to
Examine
Witnesses
upon
Oath
concerning
that
fact
,
and
the
same
being
proved
by
the
Oath
of
two
Witnesses
,
the
said
Offender
for
such
first
Offence
,
shall
and
may
by
such
Iustice
of
the
Peace
be
committed
to
the
next
Goal
,
there
to
remain
till
he
and
they
find
sufficient
Surety
,
to
be
of
the
good
Behaviour
for
so
long
time
,
until
he
and
they
shall
be
thereof
discharged
by
the
Lord
Treasurer
,
Chancellor
,
under
Treasurer
,
and
Barons
of
the
Exchequer
.
Imprisonment
.
And
in
Case
he
or
they
(
viz.
Carmen
,
Porters
,
or
Watermen
,
&c.
)
so
Convicted
,
shall
afterwards
at
any
time
Offend
in
like
kind
,
N.
4.
(
viz.
taking
up
Goods
landed
without
presence
of
Customer
,
&c.
)
that
then
he
and
they
shall
and
may
by
any
Iustice
of
Peace
as
aforesaid
,
be
committed
to
the
next
Goal
;
there
to
remain
for
the
space
of
two
months
without
Bail
or
Mainprise
,
or
until
he
shall
pay
unto
the
Sheriff
of
that
County
the
Sum
of
five
pounds
to
the
use
of
his
Majesty
,
or
until
he
shall
by
the
Lord
Treasurer
;
Chancellor
,
under
Treasurer
,
or
Court
of
Exchequer
be
thence
discharged
.
Poor
.
Be
it
therefore
Enacted
,
C.
12.
§
1.
N.
4.
&c.
That
it
shall
and
may
be
lawful
upon
complaint
made
by
the
Church-wardens
,
or
Overséers
of
the
Poor
of
any
Parish
,
to
any
Iustice
of
Peace
within
forty
dayes
after
any
such
person
,
&c.
(
viz.
Vagrant
)
coming
so
to
settle
as
aforesaid
,
in
any
Tenement
under
the
yearly
value
of
ten
pounds
,
for
any
two
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
of
the
Division
where
any
such
person
,
&c.
that
are
likely
to
be
chargeable
to
the
Parish
,
shall
come
to
Inhabit
,
by
their
Warrant
to
remove
and
convey
such
person
or
persons
to
such
Parish
,
where
he
or
they
were
last
legally
settled
,
either
as
a
Native
,
Householder
,
Sojourner
,
Apprentice
,
or
Servant
,
for
the
space
of
forty
dayes
at
the
least
,
unless
he
or
they
give
sufficient
Security
for
the
discharge
of
the
said
Parish
,
to
be
allowed
by
the
said
Iustices
.
Error
.
Provided
alwayes
,
that
all
such
persons
who
think
themselves
agrieved
by
any
such
Iudgment
of
the
said
two
Iustices
,
§
2.
N.
1.
may
appeal
to
the
Iustices
of
the
Peace
of
the
said
County
at
their
next
Quarter
Sessions
,
who
are
hereby
required
to
do
them
Iustice
according
to
the
merits
of
their
Cause
.
Husbandry
.
And
in
such
Case
(
viz.
of
Harvest
work
,
&c.
)
if
the
person
,
§
3.
N.
2.
&c.
shall
not
return
to
the
place
aforesaid
,
(
viz.
of
last
abode
,
)
or
shall
fall
sick
or
impotent
whilest
he
or
they
are
in
the
said
work
,
it
shall
not
be
accounted
a
settlement
,
&c.
but
that
it
shall
and
may
be
lawful
,
for
two
Iustices
of
the
Peace
,
to
convey
the
said
person
,
&c.
to
the
place
of
his
or
their
Habitation
,
&c.
under
the
pains
and
penalties
in
this
Act
prescribed
.
Poor
.
And
if
such
person
,
&c.
shall
refuse
to
go
,
N.
3.
or
shall
not
remain
in
such
Parish
where
they
ought
to
be
settled
,
&c.
but
shall
return
of
his
own
accord
to
the
Parish
from
whence
he
was
removed
.
It
shall
and
may
be
lawful
for
any
Iustice
of
the
Peace
of
the
City
,
County
,
or
Town
Corporate
,
where
the
said
Offence
shall
be
Committed
,
to
send
such
person
,
&c.
to
the
House
of
Correction
,
there
to
be
punished
as
a
Vagabond
,
or
to
a
publick
work-house
in
this
present
Act
hereafter
mentioned
,
there
to
be
Imployed
in
Work
or
Labour
.
N.
4.
And
if
the
Church-wardens
and
Overséers
of
the
Poor
of
the
Parish
,
Justices
.
to
which
he
or
they
shall
be
removed
,
refuse
to
receive
such
person
,
&c.
and
to
the
provide
work
for
them
as
other
Inhabitants
of
the
Parish
,
any
Iustice
of
the
Peace
of
that
Division
,
may
and
shall
thereupon
bind
any
such
Officer
,
&c.
to
the
Assizes
or
Sessions
,
there
to
be
Indicted
for
his
or
their
contempt
in
that
behalf
.
§
5.
N.
1.
And
for
the
said
places
within
the
Weekly
Bills
of
Mortality
in
the
said
Counties
of
Middlesex
and
Surrey
respectively
,
Corporation
.
there
shall
be
elected
and
chosen
by
the
major
part
of
the
Iustices
of
the
Peace
for
the
said
Counties
in
their
respective
Quarter
Sessions
Assembled
,
out
of
the
most
able
and
honest
Inhabitants
and
Fréeholders
of
every
of
the
said
Counties
of
Middlesex
and
Surrey
respectively
,
a
President
,
a
Deputy
President
,
a
Treasurer
,
and
Assistants
for
the
Corporation
,
&c.
or
Work-houses
,
&c.
and
that
upon
the
vacancy
by
death
or
otherwise
,
&c.
the
power
to
Elect
others
in
their
Rooms
,
be
in
the
major
part
of
the
respective
Iustices
of
Peace
,
who
in
their
General
Quarter-Sessions
from
time
to
time
,
shall
accordingly
supply
such
vacant
places
.
N.
2.
And
that
at
every
Quarter-Sessions
,
Account
.
they
shall
require
and
take
an
Account
in
Writing
of
all
the
Receipts
,
Charges
and
Disbursements
of
the
Officers
and
Treasurer
of
such
Corporation
,
&c.
or
Work-houses
,
how
and
how
many
poor
People
have
been
Imployed
and
set
to
work
in
the
year
last
past
,
and
what
stock
there
was
and
is
remaining
.
§
6.
N.
2.
And
it
shall
and
may
be
lawful
for
the
major
part
of
the
Iustices
of
Peace
in
their
Quarter-Sessions
,
Justices
.
to
signifie
unto
His
Majesties
Privy
Council
the
Names
of
such
Rogues
,
Vagabonds
,
Idle
and
Disorderly
persons
,
and
sturdy
Beggers
,
as
they
shall
think
fit
to
be
Transported
to
the
English
Plantations
.
N.
3.
And
upon
the
Approbation
of
His
Majesties
Privy
Council
to
the
said
Iustices
of
Peace
,
signified
what
persons
shall
be
Transported
,
it
shall
and
may
be
lawful
for
any
two
or
more
of
the
Iustices
of
the
Peace
them
to
Transport
or
cause
to
be
Transported
,
from
time
to
time
,
during
the
space
of
thrée
years
next
ensuing
the
End
of
this
present
Sessions
of
Parliament
,
to
any
of
the
English
Plantations
beyond
the
Seas
,
there
to
be
disposed
of
in
the
usual
way
of
Servants
,
for
a
term
not
excéeding
seven
years
.
§
7.
N.
3.
With
which
Tax
(
viz.
made
by
Justices
of
Liberty
or
County
for
stock
for
the
Poor
,
)
if
any
,
&c.
find
him
or
themselves
Agrieved
,
Error
.
supposing
the
same
to
be
unequal
,
he
or
they
shall
and
may
make
their
Complaint
known
to
the
Iustices
of
Peace
at
the
next
Open
Sessions
,
who
shall
take
such
open
order
therein
,
as
in
like
Cases
is
already
by
the
Law
provided
.
§
8.
N.
1.
And
it
is
further
Enacted
,
&c.
That
it
shall
and
may
be
lawful
,
Taxes
.
to
and
for
any
two
Iustices
of
the
respective
Counties
of
Middlesex
and
Surrey
by
their
Warrant
under
their
Hands
and
Seals
,
to
Authorize
the
Church-wardens
or
Overseers
for
the
Poor
,
&c.
to
demand
,
gather
and
receive
of
every
person
,
&c.
such
Sum
,
&c.
as
shall
be
Assessed
upon
them
,
&c.
N.
2.
And
for
default
of
payment
within
ten
dayes
after
,
Process
.
&c.
demand
thereof
made
,
or
notice
in
Writing
left
at
the
dwelling
House
or
Lodging
,
&c.
to
levy
the
same
by
Distress
and
Sale
,
&c.
§
12.
N.
1
:
Provided
the
said
Orders
and
By-Laws
,
Corporation
.
(
viz.
made
by
the
Corporations
for
the
Poor
,
&c.
)
shall
from
time
to
time
be
presented
to
the
Iustices
of
Peace
in
their
Quarter
Sessions
Assembled
,
to
be
allowed
by
the
major
part
of
them
,
and
confirmed
by
order
of
the
said
Court
.
§
15.
N.
1.
Be
it
therefore
Enacted
,
&c.
That
in
case
any
Constable
,
Headborough
or
Tithingmen
,
shall
dye
or
go
out
of
the
Parish
,
any
two
Iustices
of
the
Peace
,
Constable
.
may
make
and
swear
a
new
Constable
,
Headborough
or
Tythingman
,
until
the
said
Lord
(
viz.
of
the
Leet
)
shall
hold
a
Court
,
or
until
next
Quarter
Sessions
,
who
shall
approve
of
the
said
Officers
so
made
and
sworn
as
aforesaid
;
or
appoint
others
as
they
shall
think
fit
.
N.
3.
And
if
any
Officer
shall
continue
above
a
year
in
his
or
their
Office
,
Justices
.
that
then
in
such
Case
the
Iustices
of
Peace
in
their
Quarter-Sessions
may
discharge
such
Officers
,
and
may
put
another
fit
person
in
his
or
their
place
,
until
the
Lord
of
the
Mannor
shall
held
a
Court
,
&c.
Poor
.
Be
it
therefore
Enacted
,
§
16.
N.
2.
&c.
that
it
shall
and
may
be
lawful
to
and
for
any
Iustice
of
the
Peace
to
whom
any
Rogue
,
Vagabond
or
sturdy
Beggars
so
apprehended
shall
be
brought
,
to
reward
any
,
&c.
that
shall
apprehend
any
Rogue
,
Vagabond
or
sturdy
Beggar
,
by
granting
,
&c.
an
Order
or
Warrant
under
his
Hand
and
Seal
to
the
Constable
,
Headborough
or
Tithingman
of
such
Parish
where
such
Rogue
,
&c.
passed
thorough
unapprehended
,
requiring
them
to
pay
such
person
,
&c.
the
Sum
of
two
shillings
for
every
Rogue
,
&c.
which
shall
be
so
apprehended
.
Constable
.
And
if
such
Constable
,
&c.
refuse
or
neglect
to
pay
the
two
shillings
,
N.
3.
&c.
that
then
the
said
Iustices
of
the
Peace
,
or
any
other
Iustice
or
Iustices
of
Peace
shall
procéed
against
any
such
Constable
,
&c.
according
to
the
said
Statutes
(
viz.
39
Eliz.
4.
&
1
Jac.
7.
)
and
to
compel
him
to
pay
,
&c.
by
,
&c
(
viz.
1
Jac.
7.
§
N.
)
and
to
allow
out
of
the
said
Forfeiture
the
said
two
shillings
,
and
such
reasonable
means
and
allowances
for
the
loss
of
time
,
as
they
shall
think
fit
.
Forfeiture
.
And
if
any
,
&c.
shall
apprehend
any
Rogue
,
&c.
at
the
Confines
of
any
County
,
which
passed
thorough
any
Parish
of
another
County
unapprehended
;
§
17.
N.
1.
it
shall
be
lawful
for
such
person
,
&c.
to
go
to
some
Iustice
of
Peace
of
that
County
through
which
such
Rogue
,
&c.
passed
unapprehended
,
who
is
hereby
required
upon
a
Certificate
under
the
Hand
of
some
Iustice
of
Peace
of
the
County
where
such
Rogue
,
&c.
was
apprehended
,
to
grant
his
Order
or
Warrant
under
his
Hand
and
Seal
,
requiring
the
said
Constable
,
&c.
to
pay
,
&c.
the
Sum
of
two
shillings
;
which
if
he
shall
refuse
or
neglect
to
do
,
then
such
Iustice
is
hereby
required
to
procéed
against
such
Constable
,
&c.
and
to
cause
him
to
pay
x
s.
or
so
much
thereof
for
his
expenses
and
loss
of
time
,
as
the
said
Iustice
of
the
Peace
shall
think
fit
to
such
,
which
he
hath
forfeited
by
the
Statute
.
(
viz.
39
Eliz.
4.
)
Taxes
.
Which
rate
(
viz.
by
Constables
,
Church-wardens
,
&c.
for
Charges
,
§
18.
N.
3.
&c.
)
being
confirmed
under
the
Hands
and
Seals
of
any
two
Iustices
of
the
Peace
,
&c.
the
said
Constable
,
&c.
shall
have
power
by
Warrant
under
the
Hands
and
Seals
of
two
Iustices
of
Peace
,
to
Levy
by
Distress
and
Sale
of
the
Goods
of
any
person
refusing
to
pay
the
same
,
&c.
Bastardy
.
Be
it
therefore
Enacted
,
§
19.
N.
2.
&c.
That
it
shall
and
may
be
lawful
for
the
Church-wardens
and
Overséers
for
the
poor
of
any
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
and
profits
of
the
Lands
of
such
pu●ative
Father
or
lewd
Mother
as
shall
be
ordered
by
any
two
Iustices
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
Bastard-Child
.
Process
.
And
thereupon
it
shall
be
lawful
for
the
Sessions
,
N.
3.
to
make
an
Order
for
the
Church-wardens
or
Overseers
for
the
poor
of
such
Parish
to
dispose
of
the
Goods
by
sale
or
otherwise
,
or
so
much
of
them
for
the
purposes
aforesaid
,
as
the
Court
shall
think
fit
,
and
to
receive
the
rents
and
profits
,
or
so
much
of
them
as
they
shall
be
ordered
by
the
Sessions
as
aforesaid
,
of
his
or
her
Lands
.
Justices
.
And
be
it
further
Enacted
,
§
22.
N.
1.
&c.
that
the
Iustices
of
Peace
within
the
said
Counties
,
(
viz.
of
Lancashire
,
Cheshire
,
Derbyshire
,
York
shire
,
Northumberland
;
Durham
,
Cumberland
,
and
Westmerland
,
&c.
)
shall
have
and
enjoy
such
and
the
like
Powers
and
Authorities
to
raise
and
Levy
Monies
,
and
to
do
and
execute
all
and
every
such
other
act
and
thing
whatsoever
within
every
Township
or
Village
within
the
said
County
where
they
are
Iustices
,
as
is
given
,
&c.
within
any
Parish
,
&c.
in
and
by
the
said
Act
,
&c.
(
viz.
43
Eliz.
2.
)
under
such
and
the
like
pains
and
penalties
,
&c.
Merchants
.
And
be
it
further
Enacted
,
&c.
that
,
C.
13.
§
3.
N.
1.
&c.
upon
Complaint
and
Information
given
to
the
Iustices
of
Peace
,
or
any
or
either
of
them
within
their
respective
Counties
,
Cities
and
Towns
Corporate
at
times
reasonable
,
he
or
they
are
hereby
Authorised
and
Required
to
Issue
forth
his
or
their
Warrants
to
the
Constables
of
their
respective
Counties
,
Cities
and
Towns
Corporate
;
to
enter
and
search
for
such
Manufactures
in
the
Shops
being
open
,
or
Ware-houses
and
Dwelling-houses
of
such
person
or
persons
as
shall
be
suspected
to
have
any
such
Forreign
Bonelaces
,
Imbroyderies
,
Cutwork
,
Fringe
,
Band-strings
,
Buttons
or
Needlework
,
within
their
respective
Counties
,
Cities
and
Towns
Corporate
,
and
to
seize
the
same
,
any
Act
,
Statute
,
&c.
notwithstanding
.
C.
15.
§
2.
N.
2.
(
Viz.
None
to
be
Silk-Thrower
,
unless
seven
years
Apprentice
,
)
Drapery
.
upon
pain
that
every
person
so
Offending
contrary
to
this
Act
shall
pay
,
&c.
forty
shillings
for
every
month
,
&c.
the
one
Moiety
,
&c.
to
the
use
of
his
said
Majesty
,
&c.
and
the
other
,
&c.
to
such
,
&c.
as
shall
sue
for
the
same
in
any
of
the
Courts
of
Record
within
this
Realm
,
&c.
or
before
any
the
Iustices
of
Oyer
and
Terminer
,
or
the
Iustices
of
the
Peace
at
their
Quarter
Sessions
of
the
Peace
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
,
&c.
§
6.
N.
2.
Be
it
further
Enacted
,
&c.
That
every
such
silk
winder
and
doubler
,
Collusion
.
who
shall
at
any
time
hereafter
unjustly
or
deceitfully
and
falsely
Purloin
,
Imbezil
,
Pawn
,
Sell
or
Detain
any
part
of
Silk
delivered
,
&c.
by
any
Silk-thrower
or
other
person
to
them
or
any
of
them
to
wind
or
double
,
that
in
every
such
Case
,
&c.
as
well
the
Winder
or
Iourneyman
so
offending
as
the
buyer
,
&c.
receiver
,
&c.
of
such
Silk
being
thereof
lawfully
Convicted
by
confession
of
the
party
,
&c.
or
by
one
Witness
upon
Oath
before
one
or
more
of
the
Iustices
of
Peace
of
the
County
or
Liberty
where
the
same
Offence
,
&c.
shall
be
committed
;
or
if
it
be
within
any
City
or
Town
Corporate
,
before
the
Mayor
,
&c.
who
by
force
of
this
Act
are
Impowered
,
&c.
to
minister
the
same
Oath
,
and
finally
to
hear
and
determine
all
and
every
the
Offences
aforesaid
,
and
to
give
and
make
to
the
party
,
&c.
Grieved
such
recompence
and
satisfaction
for
such
their
Damage
,
and
Loss
and
Charges
thereabouts
,
as
by
the
said
Iustice
or
Iustices
or
chief
Officers
shall
be
ordered
and
appointed
.
§
7.
N.
1.
Provided
,
that
no
more
Damage
be
given
,
Damages
.
&c.
then
the
party
grieved
shall
prove
he
is
damnified
and
hath
expended
in
looking
after
the
same
;
and
if
the
party
,
&c.
so
offending
shall
not
be
able
,
&c.
to
make
recompence
,
&c.
within
fourtéen
days
next
after
such
Conviction
,
&c.
as
by
the
Iustice
,
&c.
or
chief
Officers
shall
be
ordered
,
&c.
then
the
party
,
&c.
so
offending
for
the
first
Offence
shall
be
apprehended
and
whipped
,
or
set
in
the
Stocks
,
in
the
place
where
the
Offence
is
Committed
or
in
some
Market
Town
in
the
said
County
near
unto
the
place
,
&c.
as
shall
be
limitted
and
appointed
by
the
said
Iustice
or
Iustices
of
the
Peace
,
or
chief
Officers
;
and
for
the
second
Offence
to
incur
the
like
or
such
further
punishment
,
by
whipping
or
being
put
in
the
Stocks
,
as
the
said
Iustice
or
Iustices
of
the
Peace
or
chief
Officers
shall
in
their
Discretion
think
fit
and
convenient
.
C.
18
§
12.
N.
1.
And
for
the
better
execution
of
this
Act
,
Merchants
.
(
viz.
against
Exportation
of
Sheeps
Wool
,
Woolfels
,
Mortlings
,
Shorlings
,
Yarn
made
of
Wool
,
Wool-flocks
,
Fullers
Earth
,
fulling
Clay
or
Tobacco-pipe
Clay
,
&c.
)
Be
it
further
enacted
,
That
all
Iustices
of
Assize
,
&c.
and
Iustices
of
Peace
shall
Inquire
of
all
the
Premisses
in
their
General
Quarter
Sessions
,
and
hear
and
determine
the
same
.
C.
20.
§
1.
N.
2.
Be
it
notwithstanding
(
viz.
12
Car.
2.
24.
§
13.
)
Enacted
,
&c.
that
,
Purveyance
.
&c.
as
often
as
the
Service
of
his
Majesties
Navy
or
Ordnance
shall
require
any
Carriages
by
Land
,
&c.
upon
notice
given
in
Writing
by
Warrant
under
the
Hand
and
Seal
of
the
Lord
High
Admiral
,
&c.
of
two
or
more
of
the
principal
Officers
or
Commissioners
of
his
Majesties
Navy
,
&c.
the
Master
,
&c.
the
Lieutenants
of
his
Majesties
Ordnance
,
for
the
providing
of
Carriages
for
the
respective
Service
of
the
Navy
or
Ordnance
unto
two
or
more
Iustices
of
the
Peace
dwelling
near
unto
the
place
where
the
said
Carriages
shall
be
required
,
the
said
Iustices
of
the
Peace
may
and
shall
immediately
Issue
forth
their
Warrants
unto
such
of
the
adjacent
Parishes
,
Hundreds
or
Divisions
,
as
they
shall
judge
fit
within
their
respective
Counties
and
Divisions
,
not
being
above
Twelve
miles
distant
from
the
place
of
Lading
,
for
the
sending
to
a
certain
place
and
at
certain
times
,
to
be
specified
and
appointed
in
the
said
Warrants
such
numbers
of
Carriages
with
Horses
or
Oxen
sufficient
for
the
said
service
,
as
by
the
Lord
High
Admiral
,
&c.
or
by
the
Master
or
Lieutenant
of
his
Majesties
Ordnance
,
&c.
or
by
the
principal
Officers
or
Commissioners
of
his
Majesties
Navy
respectively
,
&c.
shall
be
by
writing
under
their
Hands
and
Seals
required
.
Cap.
22.
Whereas
a
great
Number
of
lewd
,
Scotland
.
disorderly
and
lawless
persons
being
Thieves
and
Robbers
,
who
are
commonly
called
Moss-Troopers
,
have
successively
for
many
and
sundry
years
last
past
béen
bred
,
resided
in
and
frequented
the
Borders
of
the
two
respective
Counties
of
Northumberland
and
Cumberland
,
and
the
next
adjacent
parts
of
Scotland
;
and
they
taking
the
opportunity
of
large
wast
Grounds
,
Heaths
and
Mosses
,
and
the
many
Intricate
and
Dangerous
wayes
and
by-paths
in
those
parts
,
do
usually
after
the
most
notorious
Crimes
committed
by
them
,
escape
over
from
the
one
Kingdom
into
the
other
respectively
,
and
so
avoid
the
hand
of
Iustice
,
in
regard
the
Offences
done
and
perpetrated
in
the
one
Kingdom
,
cannot
be
punished
in
the
other
,
29
&
30
Car.
2.
2.
War
.
And
whereas
since
the
time
of
the
late
unhappy
Distractions
,
§
2.
N.
1.
such
Offences
and
Offenders
as
aforesaid
,
have
excéedingly
more
increased
and
abounded
,
and
the
several
Inhabitants
of
the
said
respective
Counties
have
béen
for
divers
years
last
past
necessitated
at
their
own
frée
and
voluntary
Charge
,
to
maintain
several
Parties
of
Horse
for
the
necessary
defence
of
their
Persons
,
Families
and
Goods
,
and
to
the
end
the
aforesaid
evil
and
pernitious
members
might
be
apprehended
and
brought
to
Iudgment
.
Taxes
.
And
whereas
the
most
part
of
the
Inhabitants
of
the
said
Counties
,
N.
2.
being
more
remote
from
the
Borders
then
other
persons
,
and
consequently
not
so
much
exposed
to
eminent
dangers
as
others
,
are
therefore
unwilling
to
contribute
their
proportionable
parts
of
the
aforesaid
Charge
,
and
yet
notwithstanding
it
cannot
probably
or
possibly
be
Avoided
,
but
that
those
Inhabitants
of
the
respective
Counties
who
hold
themselves
most
secure
,
most
certainly
sustein
much
Damage
and
Detriment
in
their
Goods
and
Estates
,
in
case
the
aforesaid
Moss-Troopers
be
not
timely
suppressed
,
but
suffered
to
grow
numerous
,
strong
and
potent
;
which
they
must
needs
do
in
case
there
be
no
restraint
upon
them
.
Scotland
.
Be
it
Enacted
,
N.
3.
&c.
That
from
and
after
the
Feast
of
St.
Michael
the
Archangel
,
which
shall
be
in
the
year
of
our
Lord
One
thousand
six
hundred
sixty
and
two
,
for
and
during
the
term
of
Five
years
next
ensuing
the
date
of
this
present
Act
,
it
shall
and
may
be
lawful
for
the
respective
Iustices
of
Peace
of
the
said
respective
Counties
;
or
the
major
part
of
them
,
at
any
General
Sessions
of
the
Peace
to
be
holden
for
the
said
Counties
respectively
,
on
the
behalf
of
the
said
Counties
or
either
of
them
,
from
time
to
time
as
they
shall
sée
occasion
,
to
make
an
Order
in
open
Court
of
Sessions
for
charging
according
to
their
several
proportions
,
all
and
every
the
several
Inhabitants
of
the
said
respective
Counties
,
for
the
safeguard
and
securing
of
the
said
several
Counties
and
Inhabitants
thereof
from
all
injury
,
violence
,
spoil
and
rapine
of
the
Moss-Troopers
aforesaid
.
Taxes
.
Provided
that
the
said
County
of
Northumberland
be
not
by
force
of
this
Act
at
any
time
charged
above
the
Sum
of
Five
hundred
pounds
in
the
year
,
§
3.
N.
1.
nor
the
said
County
of
Cumberland
charged
above
the
Sum
of
Two
hundred
pounds
in
the
year
.
Justices
.
And
for
this
end
and
purpose
the
said
several
Iustices
of
the
Peace
of
the
respective
Counties
aforesaid
,
N
2.
are
hereby
Impowered
and
Authorized
at
their
General
Quarter
Sessions
aforesaid
,
to
appoint
and
imploy
from
time
to
time
,
if
occasion
require
,
any
person
or
persons
to
have
the
Conduct
and
Command
of
a
certain
Number
of
men
,
not
exceeding
the
number
of
Thirty
men
in
the
County
of
Northumberland
,
and
Twelve
in
the
County
of
Cumberland
,
whereby
the
Malefactors
aforesaid
may
be
searched
out
,
discovered
,
persued
,
apprehended
and
brought
to
tryal
of
the
Law
.
Justices
.
And
all
and
every
the
said
Iustices
of
the
Peace
of
the
respective
Counties
aforesaid
,
or
the
major
part
of
them
,
N.
3.
at
any
General
Sessions
of
the
Peace
to
be
holden
for
the
said
Counties
or
either
of
them
respectively
,
are
hereby
further
Impowered
and
Authorized
by
force
of
this
present
Act
,
to
make
and
issue
forth
their
respective
Warrants
under
their
Hands
,
for
the
levying
and
collecting
any
Sum
or
Sums
of
Money
ordered
to
be
paid
for
and
towards
the
safeguard
and
securing
of
the
said
Counties
respectively
as
aforesaid
,
and
to
give
full
power
to
the
several
Constables
and
other
Officers
to
Raise
,
Levy
and
Collect
the
said
money
,
and
all
and
every
the
Inhabitants
of
the
said
several
Counties
,
according
to
their
respective
proportionable
Estates
in
Lands
or
Goods
,
by
Distress
and
Sale
of
Goods
,
rendring
the
overplus
,
if
there
be
any
,
to
the
respective
Owner
or
Owners
.
Peace
.
And
the
said
Iustices
of
Peace
in
the
said
several
Counties
,
N.
4.
or
any
one
of
them
respectively
,
are
hereby
also
Authorized
to
Examine
any
complaint
made
against
the
Collectors
and
Constables
,
or
any
other
Officers
or
Ministers
of
Iustice
whatsoever
,
or
any
of
them
;
or
any
other
refractory
person
or
persons
whatsoever
,
that
at
any
time
hereafter
shall
neglect
,
refuse
or
fail
to
give
obedience
to
this
Act
,
or
shall
do
any
act
or
acts
in
disturbance
or
obstruction
thereof
,
and
to
bind
over
such
person
or
persons
to
the
next
Quarter-Sessions
according
to
the
known
Laws
of
the
Land
,
to
the
end
such
person
or
persons
may
be
procéeded
withal
according
to
Iustice
.
§
4.
N.
1.
And
the
said
respective
Iustices
of
the
Peace
as
aforesaid
,
Account
,
are
hereby
further
impowered
and
authorized
on
behalf
of
the
said
several
Counties
respectively
,
to
appoint
a
Treasurer
to
receive
from
the
said
Collectors
the
Monies
by
them
Collected
,
and
to
pay
over
the
same
according
to
the
Orders
they
shall
receive
from
the
said
Iustices
at
their
General
Sessions
of
the
Peace
to
be
holden
for
the
said
respective
Counties
.
N.
2.
And
the
said
Iustices
are
also
impowered
to
agree
and
article
with
such
person
or
persons
yearly
as
they
shall
think
fit
to
Imploy
in
the
said
Service
,
Justices
,
and
to
take
sufficient
security
of
them
for
the
faithful
and
most
effectual
performance
thereof
for
the
best
safeguard
,
advantage
and
benefit
of
the
People
according
to
the
true
intent
and
meaning
of
this
Act.
§
5.
N.
1.
And
in
case
any
person
or
persons
shall
in
pursuance
of
this
Act
be
imployed
in
the
border
Service
,
and
shall
at
any
time
hereafter
wilfully
and
corruptly
,
War
.
or
for
any
sinister
respect
whatsoever
,
neglect
or
forbear
to
discover
or
apprehend
,
or
to
bring
to
Tryal
any
of
the
said
persons
called
Moss-Troopers
as
aforesaid
,
and
shall
be
Convicted
thereof
according
to
Law
;
he
or
they
shall
from
thenceforth
be
disabled
and
made
uncapable
for
ever
after
,
to
manage
or
take
upon
him
or
them
the
said
Imployment
;
and
to
suffer
such
Fine
and
Imprisonment
according
to
the
Quality
of
his
or
their
Offence
,
as
the
Iustices
of
Peace
at
their
General
Sessions
shall
think
fit
to
inflict
.
§
6.
N.
1.
Provided
nevertheless
,
and
be
it
hereby
declared
,
Taxes
.
that
it
shall
be
lawful
for
the
Iustices
of
Peace
of
either
of
the
said
Counties
as
aforesaid
respectively
,
at
any
time
hereafter
,
to
moderate
or
lessen
the
said
Charge
,
if
they
sée
cause
.
§
7.
N.
1.
Provided
,
that
this
Act
shall
continue
and
be
in
force
for
Five
years
,
Dayes
.
and
no
longer
.
18.
Car.
2.
3.
§
1.
N.
2.
§
8.
N.
1.
Provided
alwayes
,
and
be
it
further
Enacted
,
Scotland
.
&c.
That
for
better
suppression
and
punishment
of
the
said
Moss-Troopers
flying
out
of
England
into
Scotland
,
or
out
of
Scotland
into
England
,
the
Statutes
made
in
the
several
Sessions
of
Parliament
in
the
Fourth
and
Seventh
years
of
King
James
.
(
viz.
4
Jac.
1.
&
7
Jac.
1.
)
shall
be
renewed
and
put
in
execution
according
to
the
true
Intent
.
C.
26
§
6.
N.
4.
All
and
every
of
which
said
Offences
(
viz.
want
of
weight
and
mark
of
Vessels
,
and
ill
salting
and
packing
of
Butter
)
are
to
be
inquired
of
,
sued
for
,
Victual
.
heard
and
determined
in
the
Sessions
of
Peace
for
the
County
,
City
,
Borough
,
Town
or
Liberty
,
or
in
the
Court
of
Record
of
the
City
,
Borough
,
Town
or
Liberty
wherein
such
Offence
shall
be
Committed
,
by
Action
of
Debt
,
Indictment
,
Information
or
Presentment
;
wherein
no
Essoin
,
Protection
or
wager
of
Law
shall
be
allowed
to
the
Defendant
.
C.
28.
§
5.
N.
1.
And
be
it
further
Enacted
,
&c.
that
if
any
Idle
or
Suspitious
person
,
Fish
.
&c.
shall
in
the
night
assemble
and
flock
together
about
the
Boats
,
Wells
or
Cellars
belonging
to
any
Pilchard
Coast
,
upon
any
the
Coasts
of
Cornwal
or
Devon
.
having
no
business
there
to
do
,
and
being
warned
by
the
Company
or
Owner
of
such
Boats
or
Cellars
to
be
gone
,
that
then
upon
complaint
made
to
any
one
Iustice
of
the
Peace
,
every
such
person
or
persons
refusing
so
to
do
,
shall
pay
Five
shillings
to
the
Poor
of
the
Parish
where
such
Offence
was
committed
;
or
shall
be
set
in
the
Stocks
for
the
space
of
five
hours
.
C.
32.
§
2.
N.
1.
For
prevention
of
all
which
abuses
,
Drapery
.
and
deceits
(
viz.
in
broad
Wollen
Cloth
.
)
It
is
Enacted
,
&c.
that
,
&c.
there
be
and
shall
be
a
Corporation
to
continue
forever
within
the
said
West
Riding
of
the
County
of
York
,
consisting
of
all
the
Iustices
of
the
Peace
of
the
said
West
Riding
,
for
the
time
being
two
Masters
,
ten
Wardens
,
twelve
Assistants
and
Commonalty
.
N.
6.
And
the
said
Wardens
,
Masters
and
Assistants
respectively
,
Oath
.
shall
within
Eight
dayes
after
their
first
Choice
and
Election
,
take
the
Oaths
of
Allegiance
and
Supremacy
,
which
any
two
Iustices
of
the
Peace
within
the
West
Riding
,
whereof
one
to
be
of
the
Quorum
,
have
hereby
power
to
administer
,
&c.
§
13.
N.
2.
And
for
want
of
such
distress
,
(
viz.
in
him
that
forfeits
xx
l.
for
Counterfeiting
,
Forfeiture
.
Seal
,
&c
,
)
such
person
,
&c.
to
be
committed
to
the
Common
Goal
of
the
County
where
he
or
they
shall
be
found
,
by
Warrant
under
the
Hand
and
Seal
of
any
one
of
the
Iustices
of
the
Peace
of
the
said
County
,
there
to
remain
without
Bail
or
Mainprise
for
the
space
of
six
months
;
or
until
such
person
,
&c.
shall
have
paid
the
Fine
,
&c.
Books
.
And
if
any
Iourneyman
,
&c.
Printers
,
or
Founders
of
Letters
for
Printing
;
C.
33.
§
14.
N.
4.
shall
refuse
Imployment
being
offered
to
him
or
them
by
any
Master
Printer
,
or
Master
Founder
of
Letters
respectively
,
or
neglect
it
when
he
or
they
have
undertaken
it
;
he
or
they
so
refusing
or
neglecting
,
shall
suffer
Thrée
months
Imprisonment
at
the
least
without
Bail
or
Mainprise
,
upon
Conviction
of
such
his
said
refusal
or
neglect
by
Two
Witnesses
before
any
one
or
more
Iustice
or
Iustices
of
the
Peace
,
who
are
hereby
Impowered
to
hear
and
examine
the
said
Offences
,
and
to
commit
the
said
Offender
,
&c.
to
the
Common
Goal
of
the
County
where
he
or
they
shall
be
apprehended
.
License
.
And
if
the
said
Books
(
viz.
found
by
Searchers
,
&c.
)
so
Imprinting
,
§
15.
N.
2.
Binding
or
Stiching
,
shall
not
be
Licensed
,
then
to
seize
upon
so
much
thereof
as
shall
be
found
Imprinted
,
together
with
the
several
Offenders
,
and
to
bring
them
before
one
or
more
Iustices
of
the
Peace
,
who
are
hereby
Authorized
and
required
to
Commit
such
Offenders
to
Prison
,
there
to
remain
until
they
shall
be
tryed
and
acquitted
,
or
convicted
and
punished
for
the
said
Offences
.
Apprentice
.
And
for
the
second
Offence
(
viz.
by
Printers
or
Founders
against
this
Act
,
§
18.
N.
2.
they
&c.
)
shall
forever
thence
after
be
dissabled
to
use
or
exercise
the
Art
or
Mystery
of
Printing
,
or
of
Founding
Letters
for
Printing
,
and
shall
also
have
and
receive
such
further
punishment
by
Fine
,
Imprisonment
,
or
other
Corporal
punishment
not
extending
to
Life
,
or
Limb
,
as
by
the
Iustices
of
the
Court
of
Kings-Bench
,
or
Iustices
of
Oyer
,
and
Terminer
,
or
Iustices
of
Assize
in
their
several
Limits
,
or
Iustices
of
the
Peace
in
their
several
Quarter-Sessions
,
shall
be
thought
fit
to
be
Inflicted
.
Justices
.
The
which
said
Iustices
of
the
Peace
,
in
their
several
Quarter
Sessions
,
N.
3.
shall
have
full
power
and
authority
to
hear
and
determine
all
and
every
Offence
,
&c.
that
shall
be
committed
against
this
Act
,
(
viz.
of
Printing
,
&c.
)
or
against
any
branch
thereof
,
upon
Indictment
or
Information
by
any
person
,
&c.
to
be
taken
before
them
in
their
Sessions
of
the
Peace
respectively
,
and
shall
certifie
into
the
Court
of
Exchequer
,
as
in
other
like
Cases
they
are
bound
to
do
,
the
Fines
by
them
Imposed
,
&c.
and
shall
and
may
also
by
vertue
hereof
Award
Process
and
Execution
for
the
taking
or
punishing
such
Offenders
,
as
in
any
other
Case
they
lawfully
may
do
,
by
any
the
Laws
and
Statutes
of
this
Realm
.
Statuta
15
Car.
2.
Wayes
.
ANd
,
&c.
the
Iustices
of
Peace
at
the
Sessions
of
the
Peace
to
be
holden
next
after
Easter
every
year
for
the
said
respective
Counties
(
viz.
Hertford
,
15
Car.
2.
C.
1.
Cambridge
and
Huntington
)
from
time
to
time
,
shall
and
are
hereby
Impowered
to
nominate
and
appoint
nine
sufficient
and
able
Persons
residing
&
Inhabiting
within
the
said
several
and
respective
Counties
,
to
be
Surveyers
in
the
several
Places
in
the
said
Highwayes
for
the
year
from
thence
next
ensuing
,
16.
&
17.
Car.
2.
Cap.
10.
§
4.
N.
1.
Forfeiture
.
And
be
it
further
Enacted
,
That
if
any
,
§
8.
N.
1.
&c.
not
having
any
lawful
cause
to
be
allowed
as
aforesaid
,
shall
neglect
or
refuse
to
take
upon
him
or
them
the
said
Office
of
Surveyer
,
being
thereunto
Nominated
and
Chosen
according
as
by
this
Act
is
appointed
,
or
to
do
or
perform
his
or
their
duty
in
the
due
and
speedy
Execution
of
this
present
Act
,
the
said
Iustices
of
the
Peace
for
the
several
and
respective
Counties
where
such
Surveyer
,
&c.
dwell
at
thier
Quarter
Sessions
shall
and
may
hereby
have
power
to
Impose
,
&c.
such
Fine
,
&c.
not
excéeding
Ten
pounds
,
upon
Each
Person
so
refusing
or
neglecting
,
as
to
them
shall
séem
meet
,
and
to
cause
the
same
to
be
levied
by
Distress
and
Sale
of
his
or
their
Goods
,
&c.
Officer
.
And
in
Case
of
refusal
,
or
if
any
,
&c.
so
Chosen
,
&c.
shall
happen
to
dye
,
§
9.
N.
2.
or
shall
for
any
lawful
Impediment
be
discharged
,
&c.
that
then
some
other
fit
Person
,
&c.
within
that
County
shall
be
appointed
by
two
or
more
Iustices
in
the
said
County
living
near
the
said
Highway
,
&c.
and
the
person
,
&c.
so
Chosen
shall
and
are
hereby
upon
notice
thereof
to
him
or
them
given
under
the
Hands
and
Seals
of
the
said
Iustices
,
by
whom
he
or
they
shall
be
so
Chosen
,
to
take
upon
him
or
them
the
said
Office
of
Surveyer
,
&c.
and
under
such
and
the
like
penalties
,
as
if
he
or
they
had
been
Chosen
by
the
Iustices
at
their
Sessions
of
the
Peace
in
manner
as
aforesaid
,
16.
&
17.
Car.
2.
10.
§
4.
N.
1.
C.
2.
§
2.
N.
3.
And
(
viz.
any
Person
,
&c.
)
by
Warrant
under
the
Hand
and
Seal
of
any
one
Iustice
of
the
Peace
directed
to
any
Officer
,
Woods
.
such
Officer
shall
have
power
to
enter
into
and
search
the
Houses
,
Outhouses
,
Yards
,
Gardens
or
other
places
belonging
to
the
Houses
,
of
all
and
every
Person
,
&c.
they
shall
suspect
to
have
any
kind
of
Wood
,
under-Woods
,
Poles
or
young
Trées
,
or
Bark
or
Bark
of
any
Trees
,
or
any
Gates
,
Stiles
,
Posts
,
Pales
,
Rails
or
Hedgewood
,
Broom
or
Furze
.
§
3.
N.
2.
And
if
such
Offender
,
&c.
do
not
make
recompence
,
&c.
to
the
said
owner
,
Imprisonment
.
&c.
and
also
pay
the
said
Sum
(
viz.
set
by
the
said
Justice
not
exceeding
x
s.
for
Breaking
,
Cutting
or
Stealing
,
&c.
)
to
the
Poor
,
&c.
then
the
said
Iustice
shall
Commit
the
said
Offender
,
&c.
to
the
House
of
Correction
for
such
time
as
the
said
Iustice
shall
think
fit
,
not
excéeding
one
month
,
or
to
be
whipped
by
the
Constable
or
other
Officer
,
as
in
his
Iudgment
shall
séem
expedient
.
C.
11.
§
7.
N.
1.
Be
it
Enacted
,
That
,
&c.
two
able
Artists
(
viz.
Gagers
,
Measures
.
&c.
)
shall
be
appointed
,
&c.
which
,
&c.
shall
take
an
Oath
;
which
Oath
any
one
Iustice
hath
hereby
power
to
administer
,
to
take
and
compute
the
Iust
Contents
and
Gage
of
all
Coppers
,
Fatts
,
Tuns
,
Backs
and
Corters
,
and
all
other
Brewing
Vessels
of
that
nature
,
&c.
§
8.
N.
1.
And
be
it
further
Enacted
,
that
no
Commissioner
,
Farmer
,
or
sub-Commissioner
for
the
Excise
,
or
Common
Brewer
of
Ale
or
Beer
to
sell
,
Justice
.
or
Inn-keeper
whatsoever
,
shall
,
&c.
have
power
to
act
in
or
execute
as
a
Iustice
of
Peace
any
of
the
Powers
,
Clauses
or
things
contained
in
any
of
the
Laws
made
for
and
concerning
the
Excise
or
in
this
present
Act
;
and
if
any
,
&c.
shall
presume
to
act
or
Execute
any
thing
contrary
hereunto
,
it
is
hereby
further
declared
,
that
all
such
things
so
acted
or
executed
by
any
of
them
,
are
and
shall
be
utterly
void
and
null
to
all
intents
and
purposes
.
§.
15.
N.
1.
And
be
it
further
Enacted
,
&c.
that
,
&c.
no
Person
or
Persons
shall
be
permitted
to
Sell
of
Retail
any
Coffée
,
Chocolet
,
Sherbet
or
Tea
,
License
.
without
License
first
obtained
and
had
by
order
of
the
General
Sessions
of
the
Peace
in
the
several
respective
Counties
,
Certificate
being
first
shewed
that
they
have
given
good
Security
for
the
due
payment
of
their
dues
to
the
King
,
or
the
Chief
Magistrate
of
the
Place
in
whose
Iurisdiction
he
or
they
do
or
shall
Inhabit
or
Dwell
,
for
the
selling
or
retailing
of
the
same
.
§
16.
N.
3.
All
and
every
of
which
said
respective
Offences
(
viz.
of
Bribery
of
Gagers
or
other
Officers
of
Excise
)
shall
be
proved
by
the
Oaths
of
two
Lawful
and
Credible
Witnesses
before
two
Iustices
of
the
Peace
or
chief
Magistrate
of
the
Place
where
such
Offence
shall
be
Committed
;
Proof
.
which
said
Iustices
or
Magistrates
respectively
have
hereby
power
to
administer
the
said
Oaths
,
and
also
to
examine
,
adjudge
and
determine
the
same
,
and
to
cause
such
Penalties
by
Warrants
under
their
Hands
and
Seals
to
be
levied
by
Distress
and
Sale
of
the
Offenders
goods
,
rendring
to
the
Party
the
overplus
;
and
for
want
of
such
Distress
,
to
commit
every
such
Offender
to
the
Common
Goal
of
such
County
or
Place
,
there
to
remain
by
the
space
of
thrée
months
without
Bail
or
Mainprise
.
§
19.
N.
1.
Provided
also
,
and
be
it
further
Enacted
,
Error
.
&c.
That
no
appeal
in
any
Cause
of
Excise
whatsoever
shall
be
admitted
,
until
the
party
appellant
shall
have
first
deposited
and
laid
down
the
single
duty
of
Excise
in
the
Hands
of
the
Commissioners
,
Farmers
or
sub-Commissioners
of
Excise
,
within
whose
Iurisdiction
or
Division
the
said
Cause
was
originally
heard
and
determined
,
and
have
given
Security
to
the
Commissioners
of
the
appeal
,
or
Iustice
of
Peace
respectively
,
where
such
Cause
is
to
be
finally
adjudged
,
for
all
such
Fine
,
Forfeiture
and
Penalty
as
upon
such
hearing
and
determination
was
adjudged
against
him
.
N.
2.
And
that
if
upon
the
hearing
and
determining
of
any
such
appeal
,
Costs
.
the
said
original
Iudgment
shall
happen
to
be
reversed
and
made
null
,
then
and
in
every
such
Case
the
said
Commissioners
,
Farmers
or
Sub-Commissioners
of
Excise
in
whose
hands
the
said
single
duty
of
Excise
was
deposited
,
shall
restore
and
deliver
back
the
same
,
or
as
much
thereof
as
shall
be
adjudged
by
the
Commissioners
of
Appeals
,
or
Iustices
of
the
Peace
respectively
to
the
said
appellant
,
and
the
Party
originally
prosecuted
shall
pay
him
the
double
Costs
.
Lieu.
Provided
also
,
and
be
it
Enacted
,
That
all
Differences
,
§
22.
N.
1.
Appeals
and
Complaints
that
shall
happen
and
arise
betwéen
party
and
party
in
order
to
the
payment
of
the
duty
of
Excise
,
shall
be
heard
and
determined
in
the
proper
County
,
or
in
the
several
Ridings
and
Divisions
of
York-shire
and
Lincoln-shire
where
they
shall
arise
,
and
not
elsewhere
.
Justices
.
And
be
it
further
Enacted
,
§
24.
N.
1.
&c.
That
the
Iustices
of
the
Peace
or
any
two
or
more
of
them
,
or
Chief
Magistrates
in
the
several
Counties
,
Cities
,
Divisions
and
Places
within
England
and
Wales
respectively
,
shall
meet
once
in
every
month
in
there
respective
Divisions
,
or
oftner
if
their
shall
be
occasion
,
to
hear
and
determine
,
and
to
adjudge
all
matters
and
offences
against
this
or
the
aforesaid
Acts
,
(
viz.
12
Car.
2.
Cap.
23.
24.
Taxes
.
Be
it
therefore
Enacted
,
C.
13.
§
1.
N.
2.
&c.
(
viz.
against
obstructions
of
13.
&
14.
Car.
2.
10.
)
That
the
Iustices
of
Peace
of
the
respective
Counties
,
Corporations
,
Places
and
Limits
within
their
respective
Iurisdictions
,
at
the
next
Sessions
to
be
held
after
the
Feast
of
St.
Michael
the
Archangel
next
ensuing
or
the
major
part
of
them
then
present
,
shall
Issue
out
Warrants
under
their
Hands
and
Seals
to
the
respective
High
Constables
or
other
like
next
Officer
,
who
shall
Issue
the
like
Warrants
unto
the
petty
Constables
,
Headboroughs
and
Tythingmen
,
requiring
them
on
the
next
Sunday
after
Morning
Service
ended
,
to
give
publick
notice
in
the
Church
or
Chappel
,
Generally
to
all
the
Inhabitants
,
and
also
to
give
notice
publickly
in
the
Church
,
and
particularly
as
aforesaid
to
every
Inhabitant
within
their
respective
Precincts
that
shall
then
be
occupier
of
any
House
,
Edifice
,
Lodging
or
Chamber
,
that
within
ten
dayes
next
after
such
notice
,
he
give
a
true
and
just
Account
in
writing
under
his
Hand
of
all
Hearths
and
Stoves
in
such
respective
House
,
Edifice
,
Lodging
and
Chamber
,
to
such
respective
Constable
,
Headborough
and
Tythingman
.
Certificate
.
Which
(
viz.
the
Account
of
Hearths
taken
and
received
by
Petty
Constable
,
N.
5.
Headborough
and
Tythingman
,
)
being
so
received
by
such
respective
High
Constable
or
other
like
Officer
as
aforesaid
,
and
compared
together
,
shall
within
six
dayes
after
such
receipt
be
transmitted
to
the
two
next
respective
Iustices
of
the
Peace
,
who
are
hereby
Impowered
to
examine
the
said
respective
High
Constable
,
or
other
like
Officer
as
aforesaid
,
Petty-Constable
,
Headborough
or
Tything-man
,
upon
Oath
,
concerning
the
truth
and
faithfulness
of
their
Actings
in
the
Premisses
;
which
being
done
,
the
said
Iustices
shall
within
ten
dayes
after
such
Examination
,
sign
and
transmit
the
said
Book
and
Roll
,
together
with
the
said
original
Accounts
so
endorsed
as
aforesaid
and
filed
,
together
unto
the
respective
Clerk
of
the
Peace
,
who
shall
within
Twenty
dayes
next
after
the
receipt
thereof
,
engross
the
said
Book
or
Roll
in
Parchment
,
to
be
still
kept
in
the
respective
County
and
Places
aforesaid
,
and
shall
also
within
two
months
engross
in
Parchment
a
true
Duplicate
of
the
said
Book
or
Roll
,
which
being
signed
by
him
and
by
two
Iustices
of
the
Peace
at
least
of
the
respective
County
and
Places
aforesaid
,
shall
be
transmitted
within
one
month
after
such
Engrossment
into
his
Majesties
Court
of
Exchequer
.
Alien
.
And
all
Forreigners
that
shall
really
and
bona
fide
set
up
and
use
any
of
the
Trades
and
Manufactures
aforesaid
,
(
viz.
Weaving
,
C.
15.
§
3.
N.
1.
Hemp-dressing
Netts
and
Tapestry
hangings
,
&c.
)
shall
,
&c.
taking
the
Oaths
of
Allegiance
and
Supremacy
before
two
Iustices
of
the
Peace
near
unto
their
Dwellings
,
who
are
hereby
Authorised
to
administer
the
same
,
enjoy
all
priviledges
whatsoever
as
natural-born
Subjects
.
Common
.
Provided
also
,
and
be
it
further
Enacted
,
&c.
That
if
any
,
C.
17.
§
53.
N.
1.
&c.
having
a
right
of
Common
in
any
of
the
Mannors
,
Wasts
,
Commons
or
Lands
within
the
said
Great
Level
of
the
Feus
called
Bedford
Level
,
or
any
other
Person
or
Persons
whatsoever
at
any
time
after
such
Division
or
Inclosure
made
or
set
out
as
aforesaid
,
(
viz.
by
Commissioners
,
&c.
)
shall
break
,
throw
down
,
disturb
,
obstruct
,
or
by
any
means
hinder
or
lay
open
the
said
Improvements
and
Inclosures
,
at
,
in
or
after
the
making
thereof
,
or
the
Hedges
,
Ditches
or
Fences
of
the
same
or
any
part
thereof
shall
destroy
,
and
shall
be
thereof
Convicted
by
two
Credible
Witnesses
upon
Oath
,
before
two
Iustices
of
the
Peace
of
the
County
where
such
disturbance
or
destruction
shall
be
made
;
every
such
person
,
&c.
shall
forfeit
for
every
such
Offence
xx
l.
to
be
Levied
by
distress
upon
the
Goods
and
Chattels
of
every
such
Offender
,
&c.
by
Warrant
under
the
Hands
and
Seals
of
the
said
Iustices
of
the
Peace
before
whom
such
Conviction
shall
be
made
,
&c.
or
for
want
of
sufficient
Distress
,
the
Offender
shall
be
Committed
to
the
House
of
Correction
or
Common
Goal
for
Thrée
Months
without
Bail
or
Mainprise
,
at
the
said
Iustices
discretion
.
Statuta
16
Car.
2.
16.
Car.
2.
3.
§
2.
N.
7.
ANd
if
they
(
viz.
the
Officers
for
search
and
view
of
Fire-Hearths
,
&c.
)
shall
find
any
Variance
in
the
Number
retorned
,
both
the
Officer
,
Taxes
.
&c.
and
the
Constable
or
Tythingman
,
&c.
to
certifie
the
same
under
his
and
their
Hands
to
the
Clerk
of
the
Peace
;
which
Certificate
they
are
hereby
enjoyned
to
make
.
N.
8.
And
after
approbation
thereof
by
the
Iustices
of
Peace
at
their
Sessions
,
Certificate
.
the
same
shall
be
Certified
to
his
Majesties
Remembrancer
in
the
Exchequer
.
§
4.
N.
2.
And
in
Case
of
violent
opposition
or
Injury
done
by
any
,
Peace
.
to
any
such
Officer
or
his
Deputy
in
the
due
Execution
of
this
Act
,
and
the
same
proved
by
Oath
before
any
one
Iustice
of
the
Peace
or
Chief
Magistrate
,
&c.
of
the
City
,
Town
or
Place
Dwelling
near
unto
the
Place
,
who
are
hereby
Authorized
to
Administer
the
said
Oath
.
It
shall
and
may
be
lawful
to
and
for
such
Iustice
of
the
Peace
,
&c.
or
Magistrates
,
to
punish
such
Offender
,
&c.
if
he
shall
find
cause
,
by
Imprisonment
in
the
Common
Goal
for
any
time
not
exceeding
the
space
of
one
month
.
●§
8.
N.
1.
And
if
any
Question
or
difference
,
shall
arise
about
the
taking
any
distress
or
levying
any
Money
by
Vertue
of
this
Act
,
(
viz.
of
Fire-Hearths
,
Process
.
&c.
)
the
same
shall
be
heard
and
finally
determined
by
one
or
more
of
the
Iustices
of
the
Peace
near
adjoyning
,
or
Chief
Magistrate
of
the
Place
respectively
upon
complaint
in
that
behalf
.
§
9.
N.
2.
And
the
Iustices
of
Peace
and
Chief
Magistrates
,
Constables
and
other
his
Majesties
Officers
within
their
several
Limits
and
Iurisdictions
,
Justices
.
are
hereby
Authorized
and
required
to
give
assistance
from
time
to
time
to
such
Officers
as
shall
be
appointed
,
&c.
for
the
Collecting
of
the
said
Duty
,
&c.
§
10.
N.
1.
Provided
,
that
no
person
,
Taxes
.
&c.
shall
be
questioned
for
any
Arrears
due
on
or
before
our
Lady
day
,
&c.
(
viz.
1664.
)
who
shall
produce
to
the
Collector
a
Certificate
approved
or
to
be
approved
of
by
the
two
next
Iustices
of
the
Peace
,
for
their
Exemption
from
the
said
duty
for
that
time
,
according
to
the
rules
prescribed
in
the
said
first
recited
Act.
(
viz.
13
,
&
14.
Car.
2.
10.
)
N.
2.
Nor
any
Person
who
hath
truly
paid
the
said
duty
,
and
shall
,
if
it
be
required
,
Proof
.
make
proof
thereof
before
any
one
Iustice
of
the
Peace
or
other
Chief
Magistrate
of
the
Peace
,
&c.
C.
4.
§
3.
N.
1.
Be
it
Enacted
,
Religion
.
&c.
That
if
any
Person
of
the
Age
of
Sixtéen
years
or
upwards
,
being
a
Subject
of
this
Realm
,
&c.
shall
be
present
at
any
Assembly
,
Conventicle
or
Méeting
,
under
colour
or
pretence
of
any
Exercise
of
Religion
,
in
other
manner
then
is
allowed
by
the
Liturgy
or
practice
of
the
Church
of
England
,
&c.
at
which
Conventicle
,
&c.
there
shall
be
five
Persons
or
more
Assembled
together
over
and
above
those
of
the
same
Household
,
then
it
shall
and
may
be
lawful
to
and
for
any
two
Iustices
of
Peace
of
the
County
,
Limit
,
Division
or
Liberty
,
where
such
Offence
aforesaid
shall
be
Committed
,
or
for
the
Chief
Magistrate
,
&c.
if
it
be
within
a
Corporation
where
there
are
not
two
Iustices
of
the
Peace
,
and
they
are
hereby
required
and
enioyned
upon
proof
to
them
or
him
respectively
made
of
such
Offence
,
either
by
Confession
of
the
Party
,
or
Oath
of
Witnesses
,
or
notorious
Evidences
of
the
fact
(
which
Oath
the
said
Iustices
of
the
Peace
and
Chief
Magistrate
respectively
,
are
hereby
Impowered
and
required
to
administer
)
to
make
a
Record
of
every
such
Offence
and
Offences
under
their
Hands
and
Seals
respectively
.
N.
2.
Which
Record
so
made
as
aforesaid
,
Process
.
shall
to
all
Intents
and
purposes
be
in
Law
taken
and
adjudged
to
be
a
full
and
perfect
Conviction
of
every
such
Offender
for
such
Offence
,
and
thereupon
the
said
Iustices
and
Chief
Magistrate
respectively
,
shall
commit
every
such
Offender
so
Convicted
as
aforesaid
,
to
the
Goal
or
House
of
Correction
,
there
to
remain
without
Bail
or
Mainprise
for
any
time
not
excéeding
the
space
of
thrée
months
,
unless
such
Offender
shall
pay
down
to
the
said
Iustices
or
Chief
Magistrate
such
Sum
of
Money
not
excéeding
Five
pounds
as
the
said
Iustices
or
Chief
Magistrate
,
who
are
thereunto
Authorized
and
required
as
aforesaid
,
shall
fine
the
said
Offender
at
for
his
or
her
said
Offence
,
&c.
Indictment
.
And
be
it
further
Enacted
,
&c.
that
if
any
,
§
4.
N.
1.
&c.
shall
at
any
time
again
Commit
the
like
Offence
,
&c.
then
such
Offender
so
Convict
of
such
second
Offence
,
shall
Incur
the
penalty
of
Imprisonment
in
the
Goal
or
House
of
Correction
for
any
time
not
excéeding
Six
months
without
Bail
or
Mainprise
,
unless
such
Offender
shall
pay
down
to
the
said
Iustices
or
Chief
Magistrate
such
Sum
of
Money
not
excéeding
Ten
pounds
,
as
the
said
Iustices
or
Chief
Magistrate
,
&c.
shall
Fine
the
said
Offender
at
,
&c.
Imprisonment
.
And
be
it
further
Enacted
,
&c.
That
if
any
such
Offender
so
Convicted
of
a
second
Offence
,
&c.
shall
at
any
time
again
Commit
the
like
Offence
,
§
5.
N.
1.
&c.
then
any
two
Iustices
of
the
Peace
and
Chief
Magistrate
,
&c.
shall
Commit
every
such
Offender
to
the
Goal
or
House
of
Correction
,
there
to
remain
without
Bail
or
Mainprise
,
until
the
next
General
Quarter-Sessions
,
Assizes
,
Goal
delivery
,
great
Sessions
or
sitting
of
any
Commissioner
of
Oyer
and
Terminer
in
the
respective
County
,
Limit
,
Division
or
Liberty
which
shall
first
happen
.
Indictment
.
When
and
where
every
such
Offender
shall
be
procéeded
against
by
Indictment
,
&c.
and
shall
forthwith
be
Arraigned
,
N.
2.
&c.
Process
.
And
if
such
,
&c.
shall
be
lawfully
Convicted
,
&c.
either
by
Confession
or
Verdict
,
or
if
such
Offender
shall
refuse
to
plead
the
General
Issue
,
N.
3.
then
the
respective
Iustices
of
the
Peace
at
their
General
Quarter-Sessions
,
&c.
are
hereby
enabled
and
required
to
cause
Iudgment
to
be
Entred
,
&c.
that
such
Offender
shall
be
Transported
beyond
the
Seas
to
any
of
his
Majesties
Forreign
Plantations
,
(
Virginia
and
new-England
only
excepted
)
there
to
remain
seven
years
.
Ouster
le
nere
.
And
shall
forthwith
under
their
Hands
and
Seals
make
out
Warrants
to
the
Sheriff
,
N.
4.
&c.
of
the
same
County
where
such
Conviction
or
refusal
to
plead
,
or
to
confess
as
aforesaid
,
shall
be
safely
to
Convey
such
Offender
to
some
Port
or
Haven
nearest
or
most
Commodious
to
be
appointed
by
them
respectively
,
and
from
thence
to
Imbark
such
Offender
to
be
safely
Transported
,
&c.
Process
.
And
the
said
respective
Court
shall
then
also
make
out
Warrants
to
the
several
Constables
,
N.
6.
Headboroughs
or
Tythingmen
of
the
respective
places
where
the
Estate
real
or
personal
of
such
&c.
shall
happen
to
be
,
Commanding
them
thereby
to
sequester
,
&c.
the
profits
of
the
Lands
,
and
distrain
and
fell
all
the
Goods
of
the
Offender
,
&c.
for
the
reimbursing
of
the
said
Sheriff
,
all
such
reasonable
Charges
as
he
shall
be
at
,
and
shall
be
allowed
him
by
the
said
respective
Court
.
Forfeiture
.
Provided
alwayes
,
and
be
it
further
Enacted
,
That
in
case
the
Offender
,
§
7.
N.
1.
&c.
shall
pay
into
the
hands
of
the
Register
or
Clerk
of
the
Court
or
Sessions
where
he
shall
be
Convicted
,
before
the
said
Court
or
Sessions
shall
be
ended
,
the
Sum
of
one
Hundred
pounds
,
that
then
the
said
Offender
shall
be
discharged
from
Imprisonment
and
Transportation
,
and
the
Iudgment
for
the
same
.
Certificate
.
Be
it
further
Enacted
,
That
the
Lieutenants
,
§
10.
N.
2.
&c.
and
also
the
Sheriffs
and
Iustices
of
the
Peace
,
&c.
or
any
of
them
joyntly
or
severally
,
&c.
with
such
other
Assistance
as
they
shall
think
meet
or
can
get
in
readiness
with
the
soonest
,
on
Certificate
made
to
them
respectively
under
the
Hand
and
Seal
of
any
one
Iustice
of
the
Peace
,
&c.
of
his
particular
Information
and
Knowledge
of
such
unlawful
Méetings
or
Conventicles
held
,
&c.
and
that
he
with
such
Assistance
as
he
can
get
together
is
not
able
to
supprese
or
dissolve
the
same
,
shall
and
may
,
&c.
repair
unto
the
place
where
they
are
so
held
,
&c.
and
by
the
best
means
they
can
to
dissolve
and
dissipate
or
prevent
all
such
unlawful
Méetings
,
and
take
into
their
Custody
such
of
those
Persons
so
unlawfully
Assembled
,
as
they
shall
judge
to
be
the
readers
and
seducers
of
the
rest
,
&c.
Force
.
Provided
also
;
and
be
it
Enacted
,
&c.
That
the
Iustices
of
the
Peace
,
§
15.
N.
1.
&c.
shall
and
may
with
what
aid
,
force
and
assistance
they
shall
think
fit
for
the
better
Execution
of
this
Act
,
after
refusal
or
denial
,
enter
into
any
House
or
other
place
where
they
shall
be
Informed
any
such
Conventicle
,
&c.
is
or
shall
be
held
.
§
16.
N.
1.
Provided
,
That
no
dwelling
House
of
any
Péer
,
Priviledge
.
&c.
whilest
he
or
his
Wife
shall
be
there
resident
,
shall
be
searched
,
&c.
but
by
Immediate
Warrant
from
his
Majesty
under
his
Sign
Manual
,
or
in
the
presence
of
the
Lieutenant
or
one
of
the
Deputy
Lieutenants
,
or
two
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
of
the
same
County
,
&c.
N.
2.
Nor
shall
any
other
dwelling
House
of
any
Peer
or
other
Person
whatsoever
be
entred
into
with
force
,
Justices
.
&c.
but
in
presence
of
one
Iustice
of
the
Peace
&c.
except
in
London
,
&c.
§
17.
N.
1.
Provided
also
,
and
be
it
Enacted
,
Imprisonment
.
&c.
That
no
Person
shall
by
vertue
of
this
Act
be
Committed
to
the
House
of
Correction
,
that
shall
satisfie
the
said
Iustices
of
the
Peace
,
&c.
that
he
or
she
,
or
in
Case
of
a
Feme
Covert
,
that
her
Husband
hath
an
Estate
of
Frée-hold
or
Copy-hold
to
the
value
of
Five
pounds
per
Annum
,
or
personal
Estate
to
the
value
of
Fifty
pounds
.
16
&
17
Car.
22.
§
1
N.
4.
(
Viz.
Coals
to
be
xxxvi
.
Bushels
Guildhal
Measure
,
Measures
.
or
cxii
l.
Aver
du
Pois
weight
,
&c.
)
upon
pain
of
Forfeiture
of
all
the
Coals
which
shall
be
otherwise
Sold
or
exposed
to
Sale
by
any
Woodmonger
or
Retailer
of
Coals
,
and
the
double
value
thereof
,
to
be
recovered
by
any
,
&c.
in
any
Court
of
Record
,
or
by
way
of
Complaint
made
unto
the
Lord
Mayor
of
London
for
the
time
being
,
and
the
Iustices
of
Peace
within
the
City
of
London
and
Liberties
thereof
,
or
to
any
two
of
them
,
or
to
the
Iustices
of
Peace
of
the
several
and
respective
Counties
and
Places
where
such
Coals
shall
be
exposed
to
Sale
,
or
any
of
them
,
who
are
hereby
Impowred
and
required
to
call
the
Parties
before
them
,
and
to
hear
and
Examine
such
Complaint
upon
Oath
,
which
by
vertue
of
this
Act
is
to
be
Administred
by
them
or
any
two
of
them
,
and
upon
due
proof
thereof
made
to
their
satisfaction
,
to
Convict
the
Offenders
and
to
give
Warrant
under
their
Hands
and
Seals
for
levying
the
Forfeitures
accordingly
.
N.
6.
And
the
said
Lord
Mayor
of
London
and
the
Court
of
Aldermen
for
the
time
being
,
and
the
Iustices
of
Peace
of
the
several
Counties
respectively
,
Fuel
.
or
any
thrée
or
more
of
them
,
whereof
one
to
be
of
the
Quorum
,
are
hereby
Impowred
to
set
the
Rates
and
Prices
of
all
such
Coals
as
shall
be
sold
by
Retail
,
as
they
from
time
to
time
shall
Iudge
reasonable
,
allowing
a
Competent
profit
to
the
said
Retailer
beyond
the
Price
paid
by
him
to
the
Importer
,
and
the
ordinary
Charges
thereupon
accrewing
.
§
2.
N.
2.
And
in
Case
of
refusal
(
viz.
by
Woodmonger
,
&c.
to
sell
at
Prices
set
,
Process
.
the
Officer
appointed
by
the
Lord
Mayor
,
or
by
the
Justices
,
to
enter
,
&c.
)
taking
a
Constable
to
force
entrance
,
and
the
said
Coals
to
Sell
or
cause
to
be
Sold
at
such
Rates
,
&c.
§
4.
N.
2.
And
if
any
Action
shall
be
Commenced
against
any
Iustice
of
Peace
,
Constable
or
other
Officer
or
Person
for
any
thing
done
by
colour
of
this
Act
,
Pleading
.
the
Defendant
in
every
such
action
may
plead
the
General
Issue
,
and
give
the
special
matter
in
Evidence
.
N.
2.
And
if
the
Verdict
be
found
for
him
,
or
the
Plaintiff
become
Non-suited
,
Damages
.
shall
recover
his
Damages
and
double
Costs
of
Suit
for
his
unjust
vexation
in
that
behalf
.
C.
3.
§
3.
N.
1.
Be
it
further
Enacted
,
that
every
Sheriff
shall
on
the
first
day
of
every
General
Quarter-Sessions
yearly
held
next
after
the
Feast
of
Easter
,
Inquest
.
deliver
and
cause
to
be
delivered
unto
the
Iustices
of
Peace
sitting
at
the
same
Sessions
the
names
of
all
Persons
of
such
Estates
(
viz.
xx
l.
per
Annum
in
England
,
and
viij
.
l.
per
Annum
in
Wales
)
as
are
by
the
true
meaning
of
this
Act
to
be
Returned
for
Iury-men
,
to
the
end
the
Estates
of
such
Persons
may
be
enquired
after
,
and
such
Persons
approved
by
the
said
Iustices
of
Peace
,
or
the
greater
number
of
them
then
present
,
to
be
Persons
of
such
Estates
to
be
retornable
for
Iury-men
for
the
year
then
next
ensuing
.
N.
2.
And
the
said
Iustices
shall
have
power
to
add
such
Persons
having
Estates
of
the
respective
values
before
mentioned
,
Justices
.
as
they
shall
find
to
be
omitted
by
the
Sheriff
amongst
the
Names
by
him
delivered
,
and
such
a
Competent
number
,
and
no
more
of
such
Persons
as
aforesaid
,
shall
be
retornable
to
serve
of
Iuries
for
the
year
next
Ensuing
,
as
the
said
Iustices
,
or
the
greater
number
of
them
as
aforesaid
,
shall
think
fit
.
Statuta
17
Car.
2.
Religion
.
(
VIz.
Non-Conformist
Parson
not
to
come
within
five
miles
of
City
,
17
Car.
2.
2.
§
3.
N.
4.
Town
Corporate
or
Borough
that
sends
Burgesses
to
Parliament
,
or
of
place
where
he
was
Vicar
or
Preacher
,
&c.
)
before
he
or
they
have
taken
and
subscribed
the
Oath
aforesaid
(
viz.
against
taking
Arms
against
the
Kings
Commissioner
)
before
the
Iustices
of
the
Peace
at
their
Quarter-Sessions
to
be
holden
for
the
County
,
Riding
or
Division
,
next
unto
the
Corporation
,
City
or
Borough
,
Parish
,
Place
or
Town
,
in
open
Court
;
which
said
Oath
,
the
said
Iustices
are
hereby
Impowred
there
to
Administer
.
Forfeiture
.
Vpon
Forfeiture
,
&c.
of
xl
l.
&c.
one
third
,
&c.
to
the
King
,
N.
5.
&c.
the
other
third
,
&c.
to
the
use
of
the
Poor
,
&c.
and
the
other
third
,
&c.
to
such
&c.
as
shall
or
will
sue
for
the
same
,
&c.
before
any
Iustices
of
Peace
in
their
Quarter-Sessions
,
&c.
Imprisonment
.
Provided
also
,
and
be
it
further
Enacted
,
§
5.
N.
1.
&c.
That
it
shall
be
Lawful
for
any
two
Iustices
of
the
Peace
of
the
respective
County
upon
Oath
to
them
of
any
Offence
against
this
Act
;
which
Oath
they
are
hereby
Impowered
to
Administer
,
to
Commit
the
Offender
for
six
months
without
Bail
or
Mainprise
,
unless
upon
or
before
such
Commitment
he
shall
before
the
said
Iustices
of
the
Peace
swear
and
subscribe
the
aforesaid
Oath
and
Declarations
,
(
viz.
of
Conformity
,
and
against
taking
Arms
,
&c.
)
Statuta
18
Car.
2.
Cattle
.
(
VIz.
any
Constable
,
&c.
may
seize
Cattle
alive
or
dead
,
fat
or
lean
Imported
,
18
Car.
2.
2.
§
1
N.
4.
&c.
)
and
kéep
the
same
during
the
space
of
Eight
and
Forty
hours
in
some
publick
or
convenient
place
where
such
seisure
shall
be
made
;
within
which
time
if
the
owner
,
&c.
or
any
for
them
,
&c.
shall
make
it
appear
unto
some
Iustice
of
the
Peace
of
the
same
County
where
the
same
shall
be
so
seised
,
by
the
Oath
of
two
credible
Witnesses
,
which
Oath
the
said
Iustice
of
Peace
is
hereby
Impowered
and
required
to
Administer
,
that
the
same
were
not
Imported
from
Ireland
,
or
from
any
other
place
beyond
the
Seas
not
herein
after
excepted
,
after
the
said
second
day
of
February
;
then
the
same
upon
the
Warrant
of
such
Iustice
of
the
Peace
shall
be
delivered
without
delay
,
20
Car.
2.
7.
§
5.
N.
3.
Scotland
.
Be
it
therefore
Enacted
,
&c.
That
the
said
Act
,
C.
3.
§
1.
N.
2.
(
viz.
13
&
14
Car.
2.
22.
)
and
every
Clause
,
&c.
therein
contained
,
and
all
and
every
the
Powers
and
Authorities
thereby
given
,
be
,
continue
and
remain
in
force
until
the
end
of
seven
years
from
the
Expiration
or
Determination
of
the
forementioned
Act
,
29
&
30
Car.
2.
2.
Clergy
.
And
be
it
further
Enacted
,
§
2.
N.
1.
&c.
That
the
benefit
of
Clergy
shall
be
taken
away
from
great
,
known
,
and
notorious
Thieves
and
Spoil-takers
in
the
said
Counties
of
Northumberland
,
Cumberland
,
or
either
of
them
during
the
continuance
of
this
present
Act
,
who
shall
be
duly
Convicted
for
theft
done
or
committed
within
the
said
Counties
,
or
either
of
them
.
Ouster
le
nere
.
Or
otherwise
,
That
it
shall
and
may
be
lawful
to
and
for
the
Iustices
of
the
Assize
and
Commissioners
of
Oyer
and
Terminer
or
Goal
Delivery
,
N.
●
before
whom
such
Offenders
shall
be
Convicted
within
the
said
Counties
,
or
either
of
them
,
to
Transport
or
cause
to
be
Transported
the
said
Offenders
and
every
of
them
,
into
any
of
his
Majesties
Dominions
in
America
,
there
to
remain
and
not
to
return
,
&c.
C.
4.
§
1.
N.
3.
(
None
to
be
Buried
but
in
Woollen
only
,
Drapery
.
&c.
)
upon
pain
of
the
Forfeiture
of
the
Sum
of
Five
pounds
,
&c.
to
be
levied
by
the
Church-wardens
and
Overseers
of
the
Poor
,
&c.
by
Warrant
from
any
Iustice
of
the
Peace
,
or
Mayor
,
Alderman
or
Head
Officer
of
such
City
,
Town
or
place
Corporate
respectively
within
their
several
Limits
,
by
Distress
and
Sale
of
the
Goods
of
the
Party
Interred
contrary
to
this
Act
,
&c.
or
in
default
thereof
,
by
Distress
and
Sale
of
the
Goods
of
any
that
had
a
hand
in
the
putting
such
Person
into
such
Shift
,
Shirt
,
Shéet
or
Coffin
,
contrary
to
this
Act
,
or
did
order
or
dispose
the
doing
thereof
.
Statuta
19
Car.
2.
19
Car.
2.
3.
§
3.
N.
2.
ANd
if
any
,
&c.
shall
presume
to
build
Contrary
,
London
.
&c.
(
viz.
against
the
rules
for
Rebuilding
the
City
of
London
,
)
and
be
Convicted
of
the
same
by
the
Oaths
of
two
or
more
Credible
Witnesses
to
be
taken
before
the
Lord
Mayor
for
the
time
being
,
or
any
two
or
more
of
the
Iustices
of
the
Peace
for
the
said
City
,
who
are
hereby
Impowered
to
Administer
the
same
Oaths
;
that
then
,
and
in
such
Case
the
said
House
so
irregularly
built
,
&c.
shall
be
déemed
as
a
Common
Nusance
.
C.
4.
§
1.
N.
2.
For
remedy
,
&c.
be
it
Enacted
,
Poor
.
&c.
That
the
Iustices
of
the
Peace
of
the
respective
Counties
,
(
viz.
where
Poor
Prisoners
have
no
Work
,
&c.
)
at
any
their
General
Sessions
,
or
the
major
part
of
them
then
there
Assembled
,
if
they
shall
find
it
needful
so
to
do
,
may
provide
a
stock
of
such
Materials
as
they
find
convenient
for
the
setting
Poor
Prisoners
on
work
,
in
such
manner
and
by
such
wayes
as
other
County
Charges
by
the
Laws
and
Statutes
of
the
Realm
are
and
may
be
levied
and
raised
,
and
to
pay
and
provide
fit
Persons
to
oversee
and
set
such
Prisoners
on
work
.
N.
3.
And
make
such
Orders
for
accounts
of
and
concerning
the
Premisses
as
shall
by
them
be
thought
néedful
,
and
for
punishment
of
neglects
and
other
abuses
,
Justices
.
and
for
bestowing
of
the
profit
arising
by
the
labor
of
the
Prisoners
so
set
on
work
,
for
their
relief
,
which
shall
be
duely
observed
and
may
alter
,
revoke
or
amend
such
their
Orders
from
time
to
time
.
N.
4.
Provided
,
Taxes
.
That
no
Parish
be
rated
above
Six
pence
by
the
Wéek
towards
the
Premisses
,
having
respect
to
the
respective
values
of
the
several
Parishes
.
§
2.
N.
2.
For
some
remedy
,
&c.
Be
it
&c.
Enacted
,
Imprisonment
.
That
any
Sheriff
of
the
respective
Counties
(
viz.
where
numbers
of
Prisoners
,
Plague
,
or
Diseases
are
,
&c.
)
having
the
Custody
of
the
Goal
,
or
such
Persons
who
have
the
Custody
of
the
Goal
,
with
the
Advice
and
Consent
of
three
or
more
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
may
,
if
they
shall
on
Inquiry
or
Information
find
it
needful
,
upon
Emergent
occasions
in
the
respective
Counties
,
provide
other
safe
Places
for
the
removal
of
Sick
or
other
Persons
from
and
out
of
the
ordinary
and
usual
Goals
.
Statuta
20
Car.
2.
20
Car.
2.
3.
§
5.
N.
2.
ANd
whensoever
any
Wood
or
Timber
shall
at
any
time
,
Wood.
&c.
be
directed
to
be
fallen
in
any
part
of
the
Wasts
of
the
said
late
Forest
(
viz.
of
Dean
in
Gloucestershire
,
Inclosed
or
not
Inclosed
,
the
same
shall
be
first
viewed
and
allowed
to
be
fallen
by
two
or
more
of
the
Iustices
of
the
Peace
for
the
said
County
unconcerned
in
the
Premisses
,
and
shall
not
be
Cut
or
Fallen
until
the
same
be
viewed
and
allowed
by
such
two
or
more
Iustices
,
as
fit
and
convenient
to
be
Cut
and
Fallen
,
and
that
the
said
Iustices
shall
have
marked
with
a
broad
Arrow
and
Crown
,
that
it
may
remain
to
be
séen
,
as
they
are
hereby
required
and
Impowered
to
do
)
so
many
and
such
Trées
as
are
the
most
fit
to
be
preserved
for
growth
for
Timber
upon
every
Acre
intended
to
be
Fallen
;
and
also
shall
have
Certified
,
as
they
are
hereby
likewise
required
to
do
,
unto
the
Lord
Treasurer
,
or
Lords
Commissioners
of
the
Treasury
for
the
time
being
;
the
names
of
the
Places
and
number
of
Trées
so
viewed
and
allowed
to
be
fallen
;
and
so
marked
to
be
preserved
as
aforesaid
.
Cattle
.
And
also
that
it
shall
and
may
be
Lawful
to
and
for
any
Iustice
of
Peace
of
the
County
,
C.
7.
§
5.
N.
5.
or
Chief
Officer
of
the
Port-Town
in
or
near
the
place
where
such
Importation
,
(
viz.
of
Irish
Cattle
,
&c.
)
shall
be
made
,
or
where
any
of
the
Cattle
,
Shéep
,
Swine
,
Béef
,
Pork
or
Bacon
so
Imported
,
shall
be
driven
or
brought
by
Warrant
under
the
Hand
and
Seal
of
such
Iustice
or
Chief
Officer
,
to
cause
to
be
apprehended
all
and
every
the
Masters
,
Mariners
and
Seamen
,
having
Charge
of
or
belonging
to
such
Ship
or
Vessel
in
which
such
Importation
shall
be
made
,
and
all
and
every
other
Person
and
Persons
acting
or
imployed
in
the
landing
,
driving
,
attending
on
or
taking
care
or
charge
of
the
said
Cattle
,
Shéep
,
Swine
,
Beef
,
Pork
or
Bacon
Importer
as
aforesaid
,
and
them
to
Commit
to
the
Common
Goal
of
the
said
County
,
there
to
remain
without
Bail
or
Mainprise
for
the
space
of
thrée
Months
.
Statuta
22
Car.
2.
Religion
.
BE
it
Enacted
,
&c.
That
if
any
Person
of
the
Age
of
Sixteen
years
or
upwards
being
a
Subject
of
this
Realm
,
22.
Car.
2.
1.
§
1.
N.
2.
&c.
shall
be
present
at
any
Assembly
,
Conventicle
or
Méeting
,
under
Colour
or
Pretence
of
any
Exercise
of
Religion
in
other
manner
then
according
to
the
Liturgy
and
Practice
of
the
Church
of
England
,
in
any
Place
within
,
&c.
(
viz.
England
,
Wales
,
or
Berwick
,
)
at
which
Conventicle
,
&c.
there
shall
be
Five
Persons
or
more
Assembled
together
,
over
and
besides
those
of
the
same
Househould
,
&c.
It
shall
and
may
be
Lawful
to
and
for
any
one
or
more
Iustices
of
the
Peace
of
the
County
,
Limit
,
Division
,
Corporation
or
Liberty
wherein
the
Offence
aforesaid
shall
be
Committed
,
or
for
the
Chief
Magistrate
,
&c.
and
he
and
they
are
hereby
required
and
enjoyned
upon
proof
to
him
or
them
respectively
made
of
such
Offence
,
either
by
Confession
of
the
Party
,
or
Oath
of
two
Witnesses
;
which
Oath
the
said
Iustice
and
Iustices
of
the
Peace
and
Chief
Magistrate
respectively
are
hereby
Impowered
and
required
to
Administer
,
or
by
notorious
Evidence
and
Circumstance
of
the
Fact
,
to
make
a
Record
of
every
such
Offence
under
his
or
their
Hands
and
Seals
respectively
.
Certificate
.
Which
Record
so
made
as
aforesaid
,
N.
3.
shall
to
all
Intents
and
purposes
be
in
Law
taken
and
adjudged
to
be
a
full
and
perfect
Conviction
of
every
such
Offender
for
such
Offence
,
and
thereupon
the
said
Iustice
,
&c.
and
Chief
Magistrate
respectively
,
shall
Impose
on
every
such
Offender
so
Convict
as
aforesaid
,
a
Fine
of
Five
shillings
for
such
first
Offence
;
which
Record
and
Conviction
shall
be
Certified
by
the
said
Iustice
,
&c.
at
the
next
Quarter-Sessions
of
the
Peace
for
the
County
or
Place
where
the
Offence
was
Committed
.
Amercement
.
Which
Fine
,
&c.
for
the
first
and
every
other
Offence
,
shall
be
Levyed
by
Distress
and
Sale
of
the
Offenders
Goods
and
Chattels
,
§
2.
N.
2.
or
in
the
Case
of
the
poverty
of
such
Offender
,
upon
the
Goods
and
Chattels
of
any
other
,
&c.
who
shall
be
then
Convicted
in
manner
aforesaid
of
the
like
Offence
at
the
same
Conventicle
at
the
discretion
of
the
said
Iustice
,
&c.
so
as
the
Sum
so
to
be
Levied
on
any
one
Person
in
Case
of
the
poverty
of
other
Offendors
,
amount
not
in
the
whole
to
above
,
&c.
Ten
Pounds
upon
occasion
of
any
one
Meeting
,
&c.
And
every
Constable
,
Headborough
,
Tythingman
;
N.
3.
Church-wardens
and
Overseers
of
the
Poor
respectively
,
Constable
.
are
hereby
Authorized
and
required
to
Levy
the
same
accordingly
,
having
first
received
a
Warrant
under
the
Hands
and
Seals
of
the
said
Iustice
,
Iustices
or
Chief
Magistrate
respectively
so
to
do
.
N.
4.
The
said
Monies
so
to
be
Levied
to
be
forthwith
delivered
to
the
same
Iustice
,
Forfeitures
.
&c.
and
by
him
or
them
to
be
distributed
the
one
third
part
thereof
to
the
use
of
the
Kings
Majesty
,
his
Heirs
and
Successors
to
be
paid
to
the
High-Sheriff
of
the
County
for
the
time
being
in
manner
following
;
That
is
to
say
,
the
Iustice
,
&c.
of
Peace
shall
pay
the
same
into
the
Court
of
the
respective
Quarter-Sessions
;
which
said
Court
shall
deliver
the
same
to
the
Sheriff
,
and
make
a
Memorial
of
Record
of
the
payment
and
delivery
thereof
;
which
said
Memorial
shall
be
a
sufficient
and
final
discharge
to
the
said
Iustice
,
&c.
and
a
Charge
to
the
Sheriff
:
which
said
Discharge
and
Charge
shall
be
Certified
into
the
Exchequer
together
,
and
not
one
without
the
other
;
and
no
Iustite
shall
or
may
be
questioned
or
accountable
for
the
same
in
the
Exchequer
or
elsewhere
,
then
in
the
Quarter-Sessions
,
&c.
§
3.
N.
2.
And
if
the
said
Preacher
or
Teacher
so
Convicted
be
a
Stranger
,
Process
.
or
his
Name
and
Habitation
not
known
,
or
is
fled
and
cannot
be
found
,
or
in
the
Iudgment
of
the
Iustice
,
Iustices
or
Chief
Magistrate
before
whom
he
shall
be
Convicted
,
shall
be
thought
unable
to
pay
the
same
,
the
said
Iustice
,
&c.
are
hereby
Impowered
and
required
to
Levy
the
same
by
Warrant
as
aforesaid
upon
the
Goods
and
Chattels
of
any
such
Persons
who
shall
be
present
at
the
same
Conventicle
,
any
thing
in
this
or
any
other
Act
,
Law
or
Statute
to
the
contrary
notwithstanding
,
&c.
§
6.
N.
1.
Provided
also
,
and
be
it
further
Enacted
,
Error
.
That
in
all
Cases
of
this
Act
where
the
Penalty
or
Sum
charged
on
any
Offender
excéeds
the
Sum
of
Ten
shillings
,
and
such
Offender
shall
find
himself
agrieved
,
it
shall
and
may
be
lawful
for
him
within
one
Week
after
the
said
Penalty
or
Money
charged
,
shall
be
paid
or
Levied
,
to
appeal
in
writing
from
the
Person
,
&c.
Convicting
,
to
the
Iudgment
of
the
Iustices
of
the
Peace
in
their
next
Quarter-Sessions
.
N.
2.
To
whom
the
Iustice
,
Justices
.
&c.
that
first
Convicted
such
Offender
shall
return
the
Money
Levied
upon
the
Appellant
,
and
shall
Certifie
under
his
and
their
Hands
and
Seals
the
Evidence
upon
which
the
Conviction
past
with
the
whole
Record
thereof
and
the
said
Appeal
.
N.
4.
And
in
Case
such
Appellant
shall
not
prosecute
with
Effect
,
Costs
.
or
if
upon
such
Tryal
he
shall
not
be
acquitted
,
or
Iudgment
pass
not
for
him
upon
his
said
Appeal
,
the
said
Iustices
at
the
Sessions
shall
give
trebble
Costs
against
such
Offender
for
his
unjust
Appeal
.
N.
5.
And
no
other
Court
whatsoever
shall
Intermeddle
with
any
Cause
or
Causes
of
Appeal
upon
this
Act
,
Certiorari
.
but
they
shall
be
finally
determined
in
the
Quarter-Sessions
only
.
§
7.
N.
1.
Provided
alwayes
,
and
be
it
further
Enacted
,
Recognizance
.
That
upon
the
delivery
of
such
Appeal
as
aforesaid
,
the
person
Appellant
shall
enter
before
the
person
,
&c.
Convicting
,
into
a
Recognizance
to
prosecute
the
said
Appeal
with
effect
.
N.
2.
Which
said
Recognizance
,
the
Person
,
&c.
so
Convicting
,
Certificate
.
is
hereby
Impowered
to
take
and
required
to
Certifie
the
same
to
the
next
Quarter-Sessions
.
N.
3.
And
in
Case
no
such
Recognizance
be
Entred
into
,
Bail
.
the
said
Appeal
to
be
null
and
void
.
§
9.
N.
1.
And
be
it
further
Enacted
,
&c.
That
the
Iustice
,
&c.
of
the
Peace
and
Chief
Magistrate
respectively
,
or
the
respective
Constables
,
Process
.
Headboroughs
and
Tithingmen
,
by
Warrant
from
the
said
Iustice
,
&c.
shall
and
may
with
what
aid
,
force
and
assistance
they
shall
think
fit
for
the
better
Execution
of
this
Act
,
after
refusal
or
denial
,
to
enter
,
break
open
and
enter
into
any
House
or
other
place
where
they
shall
be
Informed
,
any
such
Conventicle
as
aforesaid
is
or
shall
be
held
as
well
within
Liberties
as
without
.
N.
2.
And
take
into
their
Custody
the
Persons
there
unlawfully
Assembled
,
Imprisonment
.
to
the
Intent
they
may
be
proceeded
against
according
to
this
Act.
N.
3.
And
that
the
Lieutenants
,
or
Deputy-Lieutenants
,
or
any
Commissioned
Officer
of
the
Militia
or
other
of
his
Majesties
Forces
,
War
.
with
such
Troops
or
Companies
of
Horse
and
Foot
,
and
also
the
Sheriffs
and
other
Magistrates
and
Ministers
of
Iustice
,
or
any
of
them
jointly
or
severally
,
within
any
the
Counties
or
Places
within
,
&c.
(
viz.
England
,
Wales
,
or
Berwick
,
)
with
such
other
Assistance
as
they
shall
think
méet
or
can
get
in
readiness
with
the
soonest
,
on
Certificate
made
to
them
respectively
under
the
Hand
and
Seal
of
any
one
Iustice
of
the
Peace
,
or
Chief
Magistrate
of
his
particular
Information
or
knowledge
of
such
unlawful
Méeting
or
Conventicle
held
or
to
be
held
in
their
respective
Counties
or
Places
,
and
that
he
with
such
Assistance
as
he
can
get
together
,
is
not
able
to
suppress
and
dissolve
the
same
,
shall
and
may
,
and
are
hereby
required
and
enjoyned
to
repair
unto
the
Place
where
they
are
so
held
or
to
be
held
,
and
by
the
best
means
they
can
to
dissolve
,
dissipate
or
prevent
all
such
unlawful
Méetings
,
and
take
into
their
Custody
such
and
so
many
,
&c.
as
they
shall
think
fit
,
&c.
Priviledge
.
Provided
alwayes
,
that
no
Dwelling
House
of
any
Peer
of
this
Realm
,
§.
10.
N.
1.
where
he
or
his
wife
shall
then
be
resident
,
shall
be
searched
by
vertue
of
this
Act
,
but
by
Immediate
Warrant
from
his
Majesty
under
his
Sign
Manual
,
or
in
the
presence
of
the
Lieutenant
,
or
one
Deputy-Lieutenant
,
or
two
Iustices
of
Peace
,
whereof
one
to
be
of
the
Quorum
,
of
the
same
County
or
Riding
.
Constable
.
And
be
it
further
Enacted
,
&c.
That
if
any
Constable
,
Headborough
,
§
11.
N.
1
▪
Tythingman
,
Church-warden
or
Overséer
of
the
Poor
,
who
shall
know
or
be
credibly
Informed
of
any
such
Meeting
,
&c.
held
within
his
Precincts
,
Parishes
or
Limits
,
and
shall
not
give
Information
thereof
to
some
Iustice
of
the
Peace
or
the
Chief
Magistrate
,
and
endeavour
the
Conviction
of
the
Parties
according
to
his
duty
,
but
such
,
&c.
or
any
,
&c.
lawfully
called
in
aid
,
&c.
shall
wilfully
and
wittingly
omit
the
performance
of
his
duty
in
the
Execution
of
this
Act
,
and
be
thereof
Convicted
in
manner
aforesaid
,
he
shall
forfeit
,
&c.
Five
pounds
,
&c.
Justices
.
And
that
if
any
Iustice
of
Peace
or
Chief
Magistrate
shall
wilfully
and
wittingly
omit
the
performance
of
his
duty
in
the
Execution
of
this
Act
,
N.
2
▪
he
shall
forfeit
,
&c.
one
hundred
pounds
,
&c.
Certificate
.
And
in
Case
any
Person
offending
against
this
Act
,
§
13.
N.
3.
shall
be
an
Inhabitant
in
any
other
County
or
Corporation
,
or
fly
into
any
other
County
or
Corporation
after
the
Offence
Committed
,
the
Iustice
of
Peace
or
Chief
Magistrate
before
whom
he
shall
be
Convicted
as
aforesaid
,
shall
Certifie
the
same
under
his
Hand
and
Seal
to
any
Iustice
of
Peace
or
Chief
Magistrate
of
such
other
County
or
Corporation
wherein
the
said
Person
or
Persons
are
Inhabitants
,
or
are
fled
into
.
Process
.
Which
said
Iustice
or
Chief
Magistrate
respectively
,
N.
4.
is
hereby
Authorized
and
required
to
Levy
the
Penalty
,
&c.
in
this
Act
mentioned
,
upon
the
Goods
and
Chattels
of
such
Person
,
&c.
as
fully
as
the
said
other
Iustice
of
Peace
might
have
done
in
Case
he
or
they
had
been
Inhabitants
in
the
place
where
the
Offence
was
Committed
.
Measures
.
(
Viz.
the
xl
s.
forfeit
by
Selling
Corn
or
Salt
,
&c.
by
unsealed
Measures
,
C.
8.
§
2.
N.
3.
&c.
)
to
be
Levied
in
such
manner
,
and
such
other
Penalties
;
for
want
of
Distress
,
to
be
inflicted
,
as
in
and
by
the
said
former
Act
,
(
viz.
16.
&
17.
Car.
2.
19.
§
3.
N.
1.
)
is
directed
by
the
Warrant
or
Order
of
any
one
or
more
of
his
Majesties
Iustices
of
Peace
within
the
County
▪
City
or
place
where
such
Offence
shall
be
Committed
;
which
said
Iustices
respectively
are
hereby
required
and
enabled
to
sée
this
Statute
duely
Executed
.
Forfeiture
.
(
Viz.
if
Mayor
or
Head
Officer
knowingly
permit
Sale
by
false
Measures
,
§
3.
N.
4.
or
reform
not
on
Complaint
,
&c.
)
then
he
or
they
so
offending
,
for
every
such
Offence
upon
due
Proof
and
Conviction
thereof
by
Presentment
or
Indictment
before
the
Iustices
of
Peace
of
the
County
where
such
Offence
shall
be
Committed
,
at
the
General
Sessions
,
&c.
held
for
the
same
,
shall
forfeit
the
Sum
of
Five
pounds
.
Wayes
.
And
every
Constable
or
Surveyer
of
the
High-wayes
refusing
or
neglecting
to
put
the
said
Acts
(
viz.
heretofore
made
)
in
Execution
,
C.
12.
§
1.
N.
3.
or
wilfully
suffering
any
Waggons
or
Carts
to
pass
through
his
respective
Limits
with
any
more
Horses
or
other
Cattle
,
or
in
other
manner
then
by
this
Act
is
allowed
,
shall
upon
Complaint
thereof
made
to
any
Iustice
of
the
Peace
of
the
Place
or
Division
where
such
neglect
shall
be
proved
to
be
done
by
the
Oath
of
any
one
Credible
Witness
,
which
Oath
such
Iustice
is
hereby
Impowered
to
Administer
,
or
upon
view
of
the
Iustice
himself
be
thereof
Convicted
.
Amercement
.
And
shall
incur
such
Fine
as
the
same
Iustice
shall
think
fit
to
Impose
on
such
Officer
,
not
excéeding
the
Sum
of
xl
s.
for
any
one
Offence
;
N.
4.
the
same
Fine
to
be
Levied
by
the
High
Constable
of
such
Place
or
Division
,
or
any
other
Officer
by
Warrant
under
the
Hand
and
Seal
of
such
Iustice
of
the
Peace
upon
the
Goods
and
Chattels
of
the
Person
so
offending
,
rendring
the
overplus
to
the
owner
thereof
,
all
necessary
Charges
in
Levying
the
same
being
first
deducted
,
to
be
Imployed
for
the
Amending
of
the
High-wayes
of
the
Parish
or
Place
where
such
neglect
shall
be
found
,
as
the
said
Iustice
or
Iustices
shall
appoint
for
the
doing
thereof
.
§
2.
N.
2.
And
that
the
Iustices
of
Peace
in
their
open
Sessions
shall
and
may
enquire
by
such
wayes
and
means
as
they
think
fitting
,
Justices
.
into
the
value
of
all
such
Lands
so
given
or
to
be
given
,
and
order
the
Improvement
and
Imployment
of
the
Rents
and
profits
thereof
according
to
the
Will
and
direction
of
the
Donor
of
such
Lands
,
if
they
find
that
the
Persons
so
intrusted
have
béen
negligent
or
faulty
in
the
performance
of
their
Trust
,
except
such
Lands
as
have
béen
given
to
the
uses
aforesaid
to
any
Colledge
or
Hall
in
either
of
the
Vniversities
of
this
Kingdom
which
have
visitors
of
their
own
,
any
Law
,
&c.
notwithstanding
.
§
3.
N.
3.
And
in
Case
he
(
viz.
the
rescuer
or
resister
,
&c.
do
not
pay
the
said
Sum
viz.
xl
s.
)
within
seven
dayes
after
notice
of
such
Conviction
,
Forfeiture
.
that
it
shall
and
may
be
lawful
for
any
Iustice
of
the
Peace
where
any
such
opposition
or
rescue
shall
be
made
,
to
Commit
such
Person
,
&c.
to
the
Common
Goal
of
the
County
where
such
Offence
shall
be
Committed
,
there
to
remain
until
the
said
Forfeiture
shall
be
paid
to
the
Surveyor
,
&c.
of
the
Highwayes
for
that
Parish
where
the
Offence
was
Committed
,
&c.
§
5.
N.
2.
And
that
where
any
Ground
shall
lye
at
the
end
of
any
of
the
said
Streets
or
Lanes
,
Wayes
.
or
any
other
place
of
which
there
may
be
a
dispute
who
ought
to
Pave
or
Amend
the
same
,
that
in
such
Cases
the
Iustices
of
Peace
for
the
said
Places
respectively
,
shall
have
hereby
full
power
and
authority
in
their
Quarter-Sessions
to
order
and
determine
the
same
;
which
order
,
&c.
shall
be
binding
to
all
Persons
whatsoever
therein
concerned
,
any
Law
,
&c.
notwithstanding
.
§
9.
N.
1.
Provided
also
,
and
it
is
further
Enacted
,
&c.
That
if
any
Person
,
Forfeiture
.
&c.
shall
fail
or
make
default
to
make
their
respective
dayes
labour
in
every
year
for
and
towards
the
Repairing
of
the
Highwayes
,
or
neglect
to
send
their
respective
Carriages
,
Horses
and
Carts
according
as
by
Law
they
are
respectively
required
,
it
shall
and
may
be
Lawful
for
the
Surveyor
,
&c.
of
every
Parish
,
and
they
are
hereby
required
to
make
Complaint
thereof
to
the
next
Iustices
of
the
Peace
;
who
are
hereby
authorized
and
required
upon
proof
of
any
such
default
or
neglect
made
before
them
by
the
Oath
of
one
Credible
Witness
,
(
which
Oath
they
are
hereby
Impowered
to
Administer
)
to
Levy
by
Distress
and
Sale
of
the
Goods
of
every
Person
failing
or
neglecting
as
aforesaid
,
and
not
having
a
reasonable
Excuse
to
be
allowed
by
the
said
Iustices
the
several
Penalties
hereafter
mentioned
,
&c.
§
10.
N.
1.
And
be
it
further
Enacted
,
&c.
That
where
the
Iustices
of
the
Peace
of
any
County
,
City
or
other
Place
,
Taxes
.
or
the
major
part
of
them
at
their
General-Quarter-Sessions
,
shall
be
fully
satisfied
that
the
Common
Highways
,
Causeys
or
Bridges
within
any
Parish
,
Township
or
Hamlet
within
their
respective
Iurisdiction
,
may
not
or
will
not
be
sufficiently
Amended
,
Repaired
and
Supported
by
means
of
the
Laws
now
in
force
,
without
the
help
of
this
present
Act
in
all
such
Cases
one
or
more
Assessment
,
&c.
upon
all
and
every
the
Inhabitants
,
Owners
and
Occupiers
of
Lands
,
Houses
,
Tenements
and
Hereditaments
,
or
any
personal
Estate
usually
ratable
to
the
Poor
within
any
such
Parish
,
Township
or
Hamlet
,
shall
be
made
,
Levied
,
Collected
and
Allowed
by
such
Person
,
&c.
and
in
such
manner
as
the
said
Iustices
by
their
order
at
such
Sessions
shall
direct
and
appoint
in
that
behalf
.
§
12.
N.
3.
And
the
said
Surveyors
and
Orderers
(
viz.
of
Highwayes
)
shall
make
return
of
the
Defaulters
and
every
of
them
,
Certificate
.
within
one
Month
after
every
default
made
,
to
some
neighbouring
Iustice
of
the
Peace
of
the
same
County
,
and
the
said
Iustice
shall
present
the
same
at
the
Quarter-Sessions
of
the
Peace-held
next
after
such
return
made
unto
him
.
§
13.
N.
2.
Therefore
(
viz.
Because
of
great
Rivers
in
Cheshire
and
Lancashire
.
)
Be
it
further
Enacted
,
&c.
That
for
Ten
years
next
following
,
and
no
longer
,
Sewers
.
the
respective
Iustices
of
the
Peace
within
the
said
respective
Counties
,
shall
upon
the
Presentment
of
the
Grand
Iury
at
their
respective
and
General
Quarter-Sessions
,
have
Power
and
Authority
by
Order
or
Warrant
under
the
Hands
and
Seals
of
all
or
the
major
part
of
the
said
Iustices
,
being
six
at
the
least
then
Present
,
to
cause
to
be
Erected
and
builded
any
new
Bridge
or
Bridges
in
such
Place
,
&c.
in
any
of
the
said
Highwayes
over
any
of
the
said
Rivers
within
their
respective
Iurisdictions
,
as
they
shall
Iudge
fit
and
necessary
,
and
so
declare
by
such
Order
as
aforesaid
,
and
likewise
to
repair
or
rebuild
such
other
Bridges
as
were
demolished
in
the
late
War
.
Wayes
.
Provided
alwayes
,
and
be
it
Enacted
,
§
14.
N.
1.
&c.
That
it
shall
and
may
be
lawful
for
any
six
or
more
Iustices
of
the
Peace
of
the
County
of
Monmouth
,
whereof
two
to
be
of
the
Quorum
,
at
their
General
Sessions
of
the
Peace
to
be
held
for
that
County
,
at
any
time
hereafter
during
ten
years
,
and
no
longer
,
to
Impose
and
Levy
any
Sum
,
&c.
upon
the
said
County
for
the
Repairing
and
Amending
of
Uske
and
Basaley
Bridges
which
are
Situate
upon
great
Rivers
,
and
lye
on
very
publick
Rodes
of
the
County
,
so
as
the
Sum
,
&c
excéed
not
,
&c.
xl
l.
&c.
Statuta
22
&
23
Car.
2.
Corn.
ANd
be
it
further
Enacted
and
Declared
,
That
in
Case
any
Person
,
22
&
23
Car
2.
7
§
4.
N.
1.
&c.
who
shall
be
Convict
or
Attainted
of
any
the
Offences
,
(
viz.
that
in
the
Night
time
malitiously
,
unlawfully
and
willingly
burn
or
Cause
to
be
burned
or
destroyed
any
Ricks
or
Stacks
of
Corn
,
Hay
or
Grain
,
Barns
,
or
other
Houses
or
Buildings
,
or
Kilns
,
or
shall
,
&c
,
kill
or
destroy
any
Horses
,
Sheep
or
other
Cattle
,
&c.
)
made
Felony
by
vertue
of
this
Act
as
aforesaid
,
to
Avoid
Iudgment
of
death
or
Execution
thereupon
for
such
Offence
,
shall
make
his
Election
to
be
Transported
beyond
the
Seas
to
any
of
his
Majesties
Plantations
,
that
then
the
Iustices
of
Assize
,
Oyer
and
Terminer
,
Goal
delivery
,
or
Iustices
of
the
Peace
before
whom
such
Offender
shall
be
Convict
or
Attaint
by
vertue
of
this
Act
and
every
of
them
respectively
,
shall
cause
Iudgment
to
be
Entred
against
every
such
Offender
,
that
he
be
Transported
beyond
the
Seas
to
some
of
his
Majesties
Plantations
,
in
the
said
Iudgment
to
be
particularly
mentioned
,
&c.
there
to
remain
for
the
space
of
Seven
years
.
Trespass
.
And
be
it
further
Enacted
,
&c.
That
upon
the
Complaint
or
request
of
the
Party
,
&c.
Injured
in
any
such
manner
(
viz.
by
maiming
Cattle
,
§
6.
N.
1.
or
destroying
Plantations
of
Trees
or
Inclosures
,
&c.
)
any
thrée
or
more
Iustices
of
the
Peace
for
the
County
,
Division
,
City
,
Town
Corporate
or
Place
,
whereof
one
to
be
of
the
Quorum
,
shall
and
may
,
and
they
are
thereunto
Authorized
and
required
by
vertue
of
this
Act
to
enquire
as
well
by
the
Oaths
of
twelve
lawful
men
or
more
of
the
same
County
,
as
by
Examination
of
Witnesses
upon
Oath
,
or
by
any
lawful
wayes
or
means
which
to
them
shall
séem
méet
,
of
and
concerning
any
the
Offences
before
Incurred
,
and
Offenders
therein
and
in
order
thereunto
to
Issue
out
Warrants
as
well
for
the
Summoning
of
Iurors
,
as
for
the
apprehending
of
all
such
Persons
as
shall
or
may
be
thereof
suspected
,
and
to
take
their
Examination
touching
the
same
;
as
also
to
cause
all
such
other
Persons
as
to
them
shall
seem
likely
to
make
discovery
thereof
,
to
appear
before
them
,
and
to
give
Information
upon
Oath
,
of
and
concerning
their
knowledge
of
the
Premisses
,
so
as
no
Person
so
to
be
Examined
by
the
said
Iustices
of
the
Peace
shall
be
Convicted
,
or
in
any
wise
proceeded
against
for
or
by
reason
of
any
Offence
concerning
which
he
or
they
shall
be
so
Examined
as
a
Witness
,
and
shall
upon
such
his
Examination
make
a
true
discovery
thereof
.
Process
.
And
in
case
any
Person
or
Persons
,
N.
2.
who
by
the
said
Iustices
be
thought
likely
to
make
discovery
as
aforesaid
,
shall
refuse
to
appear
or
to
be
Examined
as
a
Witness
,
being
duely
Summoned
by
the
said
Iustices
in
pursuance
of
this
Act
,
it
shall
and
may
be
lawful
for
the
said
Iustices
of
the
Peace
to
Commit
the
party
so
refusing
to
the
Common
Goal
for
the
said
County
without
Bail
or
Mainprise
,
until
he
shall
submit
to
be
Examined
upon
Oath
of
and
concerning
his
knowledge
touching
the
same
Offence
,
or
the
Offenders
by
whom
the
same
was
Committed
.
Drapery
.
(
Viz.
all
Fines
,
Forfeitures
and
Penalties
for
defective
Kidderminster
Stuffs
,
C.
8.
§
15.
N.
2.
&c.
)
shall
and
may
be
Levied
by
Distress
and
Sale
of
the
Goods
and
Chattels
of
the
Offender
,
&c.
by
Warrant
under
the
Hands
and
Seals
of
the
Bailiff
,
and
one
of
the
Iustices
of
the
Peace
of
the
said
Borough
,
&c.
22
&
23
Car.
2.
St.
2.
C.
12.
(
2.
)
§
3.
N.
2.
Be
it
further
Enacted
,
Corn.
That
upon
Complaint
made
to
any
one
or
more
Iustices
of
the
Peace
,
that
any
kind
of
Corn
ground
or
unground
,
or
Salt
,
hath
béen
sold
or
bought
,
or
delivered
contrary
to
this
Act
,
the
proof
shall
lie
upon
the
Defendant
to
make
it
appear
by
the
Oaths
of
one
or
more
Credible
Witnesses
,
that
he
or
they
did
sell
or
buy
the
same
in
every
respect
according
to
this
and
the
said
former
Act
,
(
viz.
22
Car.
2.
8.
)
wherein
if
such
Person
complained
of
shall
fail
,
he
or
they
shall
forfeit
and
lose
as
is
by
this
Act
before
directed
(
viz.
the
Corn
,
&c.
or
the
value
,
&c.
)
to
be
Levied
by
Distress
and
Sale
of
his
or
their
Goods
or
Chattels
,
restoring
the
overplus
,
by
Warrant
under
the
Hand
and
Seal
of
one
or
more
Iustice
before
whom
he
or
they
shall
be
so
Convicted
;
which
Penalties
,
by
this
Act
appointed
to
be
Levied
,
shall
by
the
said
Iustice
or
Iustices
be
distributed
one
half
to
the
Poor
of
the
Parish
where
such
Offence
was
committed
,
and
the
other
half
to
the
Informer
or
Prosecutor
.
C.
16.
(
10
)
§
4.
N.
1.
And
likewise
that
all
Iudges
and
Iustices
of
Assize
and
General
Goal
delivery
,
Poor
.
and
all
Iustices
of
the
Peace
in
their
Quarter
Sessions
shall
in
open
Court
give
in
Charge
to
the
Grand
Iuries
to
enquire
of
and
present
such
Offenders
(
viz.
as
conceal
or
defraud
Gifts
to
poor
of
London
burnt
or
infected
.
)
§
5.
N.
1.
And
that
upon
Complaint
made
to
any
Iustice
of
Peace
in
any
County
,
London
.
City
or
Town
Corporate
by
the
Chamberlain
of
the
City
of
London
,
or
his
Attornies
,
Solicitors
,
Receivers
,
Agents
or
any
of
them
,
made
or
appointed
by
him
by
any
Writings
under
his
Hand
and
Seal
for
prosecuting
the
recovery
,
or
for
recovering
the
said
Mannors
or
any
of
them
against
any
Person
or
Persons
for
their
unjust
detaining
of
any
Monies
Collected
for
the
uses
aforesaid
or
any
of
them
,
that
then
such
Iustice
of
Peace
shall
grant
his
Warrant
against
such
Persons
so
complained
of
,
for
the
bringing
of
them
before
him
.
N.
2.
And
upon
their
Appearance
before
him
,
Recognizance
.
if
it
shall
séem
probable
to
the
said
Iustice
upon
Examining
of
the
Matter
and
Evidence
given
by
any
Witness
upon
Oath
,
which
the
said
Iustice
may
Administer
,
or
other
Evidence
that
the
Person
complained
of
doth
unjustly
detain
any
Monies
Collected
or
appointed
for
the
uses
aforesaid
or
any
of
them
,
then
such
Iustice
shall
by
sufficient
Recognizance
bind
him
to
appear
at
the
next
General
Quarter-Sessions
,
to
answer
the
matter
complained
of
,
and
to
observe
and
abide
such
Order
touching
the
same
as
the
Iustices
shall
then
make
,
and
upon
his
refusal
so
to
be
bound
,
to
commit
to
the
Goal
,
there
to
remain
without
Bail
or
Mainprise
until
he
shall
become
bound
by
such
Recognizance
.
N.
3.
And
at
the
said
Quarter-Sessions
whether
he
shall
there
appear
or
make
default
,
Process
.
yet
the
Iustices
then
shall
summarily
procéed
to
the
Examination
of
the
matter
complained
of
,
and
if
upon
Oath
of
one
or
more
Witness
or
Witnesses
,
or
any
other
Evidence
the
Court
shall
be
satisfied
,
that
he
doth
unjustly
detain
any
such
Monies
,
the
Court
shall
adjudge
and
order
the
payment
of
the
same
presently
,
together
with
the
penalty
hereby
appointed
for
not
paying
thereof
,
and
such
Costs
for
the
prosecution
of
the
same
as
the
Court
shall
think
fit
,
and
if
he
shall
not
presently
pay
the
same
accordingly
(
to
the
said
Chamberlain
of
London
,
or
his
Attornies
or
Agents
or
some
of
them
)
shall
Commit
him
to
the
Goal
if
he
be
there
present
,
there
to
remain
without
Bail
or
Mainprise
until
he
shall
observe
the
said
Order
of
Sessions
.
N.
4.
And
if
he
shall
be
absent
,
That
then
they
shall
grant
their
Warrant
for
the
Apprehending
or
Committing
of
him
to
the
Goal
,
Imprisonment
.
there
to
remain
until
he
pay
the
Money
so
ordered
,
and
that
if
he
cannot
be
taken
,
then
for
the
distraining
of
his
Goods
and
Chattels
and
sale
of
the
same
,
rendring
the
overplus
whereby
the
Monies
so
ordered
,
may
be
answered
and
paid
.
N.
5.
And
that
the
definitive
Order
of
the
said
Iustices
shall
be
final
as
touching
the
matter
complained
of
or
contained
in
such
Order
,
Certiorari
.
from
which
there
shall
be
no
Appeal
or
Review
,
nor
shall
any
Writ
of
Error
or
Certiorari
lye
for
the
Removal
or
Reversal
of
the
same
,
nor
shall
the
same
be
any
wayes
Impeached
.
C.
17.
(
11
)
§
6.
N.
1.
And
that
the
Parties
offending
therein
(
viz.
not
yielding
obedience
to
Orders
in
London
for
Drayning
,
Paving
,
and
other
works
,
&c.
)
contrary
to
this
Act
,
London
.
shall
and
may
be
procéeded
against
,
and
thereof
Convicted
by
Indictment
at
the
next
Sessions
of
the
Peace
to
be
held
for
the
said
City
and
Liberties
thereof
,
according
to
his
or
their
several
Offences
,
unless
they
shall
submit
to
the
Iudgment
and
Censure
of
the
Persons
so
to
be
Authorized
and
Appointed
as
aforesaid
,
or
any
Seven
or
more
of
them
,
and
shall
satisfie
and
pay
such
mulct
or
penalty
as
by
them
shall
be
Set
and
Imposed
for
such
Offence
into
the
Chamber
of
the
City
of
London
,
&c.
Poor
.
And
that
the
Officers
of
the
said
Corporations
Erected
and
Constituted
(
viz.
for
the
Poor
by
13
&
14
Car.
2.
12.
)
in
pursuance
of
the
said
Act
,
C.
18.
(
12
)
§
●
.
N.
3.
and
their
Treasurers
shall
make
and
give
Quarterly
Accounts
to
the
Iustices
of
the
Peace
,
who
are
hereby
required
to
demand
and
call
for
the
said
Accounts
and
are
not
to
raise
any
more
Monies
upon
any
new
Certificates
whatsoever
,
until
there
be
a
just
Account
given
to
;
and
allowed
by
the
Iustices
of
the
Peace
aforesaid
,
according
to
the
true
Intent
and
meaning
of
the
said
former
and
this
present
Act.
License
.
And
be
it
further
Enacted
,
that
no
Drover
from
and
after
,
&c.
(
viz.
24
June
,
Cap.
19.
(
18.
)
1671.
)
shall
be
licensed
,
appointed
or
assigned
by
the
Iustices
of
Peace
in
their
Quarter-Sessions
or
otherwise
within
London
and
Westminster
,
or
fourscore
Miles
,
&c.
and
that
all
such
Licenses
shall
be
null
and
void
,
any
former
Law
,
&c.
notwithstanding
.
Justices
.
And
that
,
&c.
(
viz
from
24.
June
,
§
5.
N.
1.
1671.
)
It
shall
not
be
lawful
for
any
Iustices
of
the
Peace
at
their
Quarter-Sessions
or
otherwise
to
License
any
Person
to
be
a
Drover
,
who
doth
use
or
Exercise
the
Profession
or
Trade
of
a
Grasier
or
Butcher
,
nor
any
other
Person
or
Persons
whatsoever
,
unless
the
Person
or
Persons
so
Licensed
,
shall
become
bound
to
his
Majesty
,
his
Heirs
and
Successors
with
two
sufficient
Sureties
of
the
same
County
,
Division
or
Place
where
such
License
shall
be
obtained
,
by
a
Recognizance
in
such
Sum
as
the
said
Iustices
shall
think
fit
,
not
to
sell
any
Cattel
by
him
or
them
to
be
bought
within
the
distance
of
sixty
miles
from
the
place
where
he
bought
the
same
.
Recognizance
.
And
that
the
Person
so
Licensed
shall
be
known
to
the
said
Iustices
or
some
of
them
to
be
of
sufficient
Estate
and
Ability
to
answer
the
Penalty
of
such
Recognizance
in
case
he
shall
Incur
the
forfeiture
thereof
.
N.
2.
Information
.
But
nevertheless
,
for
preventing
of
vexatious
Informations
and
Prosecutions
by
Colour
of
this
Act.
§
7
N.
1.
Costs
.
Be
it
further
Enacted
,
N.
2.
That
if
upon
any
Information
or
other
Prosecution
grounded
upon
this
Act
,
it
shall
appear
to
the
Iustices
before
whom
the
said
Cause
shall
be
brought
,
that
any
such
Information
or
Prosecution
was
promoted
only
for
vexation
and
without
any
reasonable
Cause
,
the
said
Iustices
shall
and
are
hereby
required
by
vertue
of
this
Act
,
to
Award
to
the
Party
so
unjustly
accused
or
prosecuted
,
treble
Costs
to
be
occasioned
by
such
vexatious
Prosecution
;
the
same
to
be
recovered
by
Action
of
Debt
or
upon
the
Case
;
wherein
no
Essoin
,
Protection
or
Wager
of
Law
shall
be
allowed
.
Cattle
.
And
be
it
further
Enacted
,
§
8.
N.
1.
&c.
that
the
Iustices
of
the
Peace
in
every
County
,
Riding
,
Division
,
City
or
Town
Corporate
within
the
Kingdom
of
England
,
Dominion
of
Wales
,
or
Town
of
Berwick
upon
Tweed
,
at
their
Quarter-Sessions
shall
have
full
Power
and
Authority
by
vertue
of
this
Act
to
enquire
,
hear
and
determine
all
and
every
the
Defaults
and
Offences
in
buying
or
selling
of
Cattle
,
committed
contrary
to
this
Act
or
any
other
Law
or
Statute
now
in
Force
within
the
County
,
Riding
,
Division
,
City
or
Town
Corporate
,
where
any
such
Offence
shall
be
Committed
,
by
Inquisition
,
Presentment
,
Bill
or
Information
before
them
exhibited
,
and
to
make
process
thereupon
.
Execution
.
And
upon
Conviction
of
the
Offender
,
to
make
extracts
of
the
one
moiety
of
the
Forfeitures
to
be
Levied
to
the
Kings
use
,
as
they
use
to
do
of
other
Fines
,
N.
2.
Issues
and
Amercements
grown
in
Sessions
of
the
Peace
,
and
to
award
Execution
of
the
other
moiety
to
the
Informer
or
Prosecuter
by
Fieri
facias
or
Capias
,
as
the
Kings-Bench
at
Westminster
may
do
,
and
use
to
do
.
Certiorari
.
And
be
it
Enacted
,
§
9.
N.
1.
&c.
That
no
Certiorari
shall
be
allowed
to
remove
any
Information
or
other
procéedings
in
the
Quarter-Sessions
for
or
concerning
any
matter
or
thing
in
this
Act
or
before
recited
Acts
(
viz.
2.
&
3.
Ed.
6.
15.
&
3.
&
4.
Ed.
6.
20.
&
15.
Car.
2.
8.
)
or
any
of
them
,
but
the
Iustices
of
the
Peace
then
present
shall
procéed
thereupon
,
any
Writ
or
Writs
of
Certiorari
notwithstanding
.
Imprisonment
.
Be
it
therefore
Enacted
,
C.
20.
(
7.
)
§
1.
N.
2.
&c.
That
it
shall
and
may
be
Lawful
to
and
for
any
Iustice
of
the
Peace
of
any
County
,
City
,
Town
or
Liberty
within
,
&c.
(
viz.
England
,
Wales
or
Berwick
,
)
by
Warrant
under
his
Hand
and
Seal
to
require
the
Sheriff
,
Goaler
or
Kéeper
of
any
Prison
within
his
respective
Iurisdiction
,
to
bring
without
delay
the
body
of
any
Person
being
in
Prison
for
Debt
,
&c.
(
viz.
on
14
April
,
1671.
)
or
Damages
,
and
petitioning
such
Iustice
to
be
discharged
to
some
Convenient
place
within
the
Distance
of
one
mile
from
the
said
Prison
.
N.
3.
And
shall
certifie
the
Cause
and
Causes
of
the
Imprisonment
before
the
same
Iustice
.
Certificate
.
§
2.
N.
1.
And
in
Case
such
Prisoner
coming
before
such
Iustice
,
Oath
.
shall
take
an
Oath
to
this
effect
,
&c.
I
A.
B.
upon
my
Corporal
Oath
solemnly
profess
and
declare
before
Almighty
God
,
that
I
have
not
any
Estate
real
or
personal
in
Possession
,
Reversion
or
Remainder
,
of
the
value
of
Ten
pounds
in
the
whole
,
or
sufficient
to
pay
the
Debt
or
Damages
for
which
I
am
Imprisoned
.
N.
2.
And
that
I
have
not
directly
or
Indirectly
sold
,
leased
,
Collusion
.
or
otherwise
conveyed
,
disposed
of
or
entrusted
,
all
or
any
part
of
my
Estate
thereby
to
secure
the
same
to
receive
or
expect
any
profit
or
advantage
thereof
,
or
defraud
or
deceive
any
Creditor
or
Creditors
whatsoever
to
whom
I
stand
Indebted
.
§
3.
N.
1.
Then
after
the
taking
of
such
Oath
,
Poor
.
the
said
Iustice
shall
remand
the
Prisoner
to
Prison
,
and
shall
give
a
Certificate
thereof
in
Writing
under
his
Hand
and
Seal
to
the
same
Prisoner
,
to
be
served
upon
such
Person
,
&c.
his
or
her
Executors
or
Administrators
,
or
to
be
left
at
the
place
of
the
usual
abode
of
such
Person
,
&c.
at
whose
Suit
the
Prisoner
standeth
Charged
and
Imprisoned
,
thereby
appointing
as
well
the
said
Person
,
&c.
as
the
said
Prisoner
to
appear
before
the
Iustices
at
the
next
General
Quarter-Sessions
of
the
Peace
to
be
holden
for
the
same
County
,
City
,
Town
or
Liberty
.
N.
2.
When
if
it
shall
appear
upon
Oath
,
Execution
.
(
which
Oath
the
said
Iustices
are
Impowered
to
Administer
)
that
the
said
Certificate
was
so
served
or
left
xl
dayes
or
more
before
the
said
Sessions
,
and
that
the
said
Oath
taken
by
the
said
Prisoner
be
not
disproved
by
good
Testimony
of
any
Credible
Person
,
&c.
upon
Oath
to
be
Administred
by
the
said
Iustices
by
vertue
of
this
Act
,
then
the
said
Iustices
being
satisfied
therewith
,
shall
direct
their
Warrant
under
their
Hands
and
Seals
,
commanding
the
said
Sheriff
,
Goaler
or
Kéeper
of
the
Prison
,
to
set
at
Liberty
and
Discharge
the
said
Prisoner
if
Imprisoned
for
the
Causes
aforesaid
,
and
no
other
,
without
paying
any
thing
for
Fée
or
Chamber
Rent
.
N.
3.
Which
Warrant
shall
be
a
sufficient
Discharge
to
the
same
Sheriff
,
Escape
.
Goaler
or
Kéeper
of
Prison
,
and
no
Action
of
Escape
or
other
Action
shall
be
brought
against
them
or
any
of
them
for
the
same
in
any
wise
.
§
4.
N.
1.
Provided
also
,
and
be
it
Enacted
,
&c.
That
(
viz.
after
xl
dayes
Process
and
Oath
not
disproved
)
then
if
such
Creditor
,
&c.
will
not
be
satisfied
therewith
,
Poor
.
that
the
said
Prisoner
,
&c.
may
be
set
at
Liberty
,
or
will
Insist
to
have
the
said
Prisoner
continued
in
Goal
,
that
then
the
said
Creditor
,
&c.
shall
at
his
and
their
own
proper
Costs
and
Charges
allow
and
pay
Wéekly
a
reasonable
maintenance
to
the
said
Prisoner
,
&c.
such
as
the
said
Commissioners
of
the
Peace
or
any
three
of
them
in
their
respective
Divisions
shall
order
and
appoint
not
exceeding
xviii
d.
a-Week
.
§
8.
N.
1.
Provided
,
and
be
it
Enacted
,
&c.
That
in
Case
any
Sheriff
,
Sheriff
.
Goaler
or
Kéeper
of
Prison
,
shall
refuse
or
delay
to
bring
or
discharge
or
set
at
Liberty
any
Prisoner
according
to
the
Order
of
the
Iustice
or
Iustices
to
be
made
in
manner
as
aforesaid
,
every
such
Sheriff
,
&c.
shall
forfeit
and
pay
to
such
Prisoner
detained
contrary
to
such
Order
,
the
Sum
of
One
hundred
pounds
,
to
be
recovered
by
Action
of
Debt
in
any
Court
of
Record
,
and
shall
be
also
subject
to
any
Fine
and
punishment
as
the
said
Iustices
shall
order
or
Award
.
§
9.
N.
5.
Nor
(
viz.
Sheriffs
,
Goalers
or
Keepers
of
Prisons
,
&c.
shall
not
)
take
nor
receive
any
other
or
greater
Sum
,
&c.
(
viz.
of
Persons
Arrested
for
Debt
,
)
Fees
.
for
each
Nights
lodging
or
other
Expenses
then
what
is
reasonable
and
fitting
in
such
Cases
,
or
shall
be
so
adjudged
by
the
next
Iustice
of
the
Peace
,
or
at
the
next
Quarter-Sessions
.
§
10.
N.
2.
Nor
shall
demand
,
take
or
receive
of
the
said
Person
,
&c.
any
other
or
greater
Fée
or
Fées
whatsoever
for
his
,
her
or
their
Commitment
,
Imprisonment
.
Release
or
Discharge
;
or
for
his
or
their
Chamber
Rent
,
then
what
is
allowable
by
Law
,
until
the
same
shall
be
settled
by
thrée
Iustices
of
the
Peace
whereof
one
to
be
of
the
Quorum
,
of
each
particular
County
,
City
and
Town
Corporate
in
their
several
Precincts
,
and
for
the
City
of
London
and
Counties
of
Middlesex
and
Surrey
the
two
Lord
Chief
Iustices
of
the
Kings-Bench
and
Common-Pleas
,
and
the
Lord
Chief
Baron
,
or
any
two
of
them
,
and
the
Iustices
of
the
Peace
of
the
same
in
their
several
Iurisdictions
.
Poor
.
And
likewise
that
the
said
Lord
Chief
Iustices
,
Lord
Chief
Baron
,
§
11.
N.
1.
and
Iustices
of
Peace
in
their
several
Iurisdictions
,
and
all
Commissioners
for
Charitable
uses
,
do
their
best
endeavours
and
diligence
to
Examine
and
find
out
the
several
Legacies
,
Gifts
,
and
Bequests
bestowed
and
given
for
the
benefit
and
advantage
of
the
poor
Prisoners
for
Debt
in
the
several
Goals
and
Prisons
in
this
Kingdom
,
and
to
send
for
any
Deeds
,
Wills
,
Writings
and
Books
of
Accounts
whatsoever
,
and
any
Person
,
&c.
concerned
therein
,
and
to
Examine
them
upon
Oath
,
and
to
make
true
discovery
thereof
,
which
they
have
full
Power
and
Authority
hereby
to
do
;
and
the
same
so
found
out
and
ascertained
,
to
order
and
settle
in
some
manner
and
way
that
the
Prisoners
hereafter
may
not
be
defrauded
,
but
receive
the
full
benefit
thereof
according
to
the
true
Intent
of
the
Donors
.
Fees
.
And
that
these
Accounts
of
the
several
Legacies
,
§
12.
N.
1.
Gifts
and
Bequests
given
and
bestowed
upon
the
several
Prisoners
for
Debt
within
this
Kingdom
,
and
the
several
Rates
of
Fées
and
the
future
Government
of
Prisons
be
signed
and
Confirmed
by
the
Lord
Chief
Iustices
,
and
Lord
Chief
Baron
,
or
any
two
of
them
for
the
time
being
,
and
the
Iustices
of
the
Peace
in
London
,
Middlesex
and
Surrey
,
and
by
the
Iudges
for
the
several
Circuits
,
and
Iustices
of
Peace
for
the
time
being
in
their
several
Precincts
,
and
fairly
written
and
hung
up
in
a
Table
in
every
Goal
and
Prison
before
the
first
day
of
November
,
1671.
and
likewise
be
registred
by
each
and
every
Clerk
of
the
Peace
within
his
or
their
particular
Iurisdiction
,
and
after
such
Establishment
,
no
other
or
greater
Fee
or
Fees
then
shall
be
so
Established
,
shall
be
Demanded
or
Received
.
Games
.
And
moreover
,
that
the
said
Game-Keeper
,
Cap.
25.
(
17.
)
§
2.
N.
●
.
&c.
(
viz.
made
by
Lord
of
Royalty
,
that
is
Esq
&c.
)
or
any
other
Person
,
&c.
being
thereunto
Authorized
by
Warrant
under
the
Hand
and
Seal
of
any
Iustice
of
the
Peace
of
the
same
County
,
Division
or
Place
,
may
in
the
day
time
search
the
Houses
,
Out-Houses
or
other
places
of
any
such
Person
,
&c.
by
this
Act
prohibited
to
kéep
or
use
the
same
,
as
upon
good
Ground
shall
be
suspected
to
have
or
kéep
in
his
or
their
Custody
any
Guns
,
Bows
,
Grey-hounds
,
Setting-dogs
,
Ferrets
,
Cony-dogs
,
or
other
Dogs
,
to
destroy
Hares
or
Conies
,
Hayes
,
Tramels
or
other
Nets
,
Lowbels
,
Hare-pipes
,
Snares
or
other
Engines
aforesaid
,
and
the
same
and
every
or
any
of
them
to
Seize
,
Detain
and
keep
to
and
for
the
use
of
the
Lord
of
the
Mannor
or
Royalty
where
the
same
shall
be
so
found
or
taken
;
or
otherwise
to
cut
in
pieces
or
destroy
as
things
by
this
Act
prohibited
to
be
kept
by
Persons
of
their
Degrées
.
Forrest
.
For
remedy
,
&c.
be
it
Enacted
and
Declared
,
§
4.
N.
●
.
that
if
any
&c.
shall
at
any
time
enter
wrongfully
into
any
Warren
or
Ground
lawfully
used
or
kept
for
the
breeding
or
kéeping
of
Conies
,
although
the
same
be
not
Inclosed
,
and
there
shall
take
,
chace
or
kill
any
Conies
against
the
will
of
the
Owner
or
Occupier
thereof
,
not
having
lawful
Title
or
Authority
so
to
do
,
and
shall
be
thereof
lawfully
Convicted
in
manner
hereafter
following
;
the
Parties
so
Offending
shall
yield
to
the
Party
grieved
treble
Damages
and
Costs
,
and
suffer
Imprisonment
by
the
space
of
three
Months
and
after
till
they
shall
find
Sureties
for
their
good
abearing
.
Damages
.
(
Viz.
None
to
take
or
kill
Conies
in
the
Night
,
§
5.
N.
3.
&c.
)
upon
pain
that
every
Person
so
Offending
and
being
thereof
lawfully
Convicted
in
manner
hereafter
following
,
shall
give
the
Party
or
Parties
injured
such
Recompence
or
Satisfaction
for
his
or
their
Damages
,
and
within
such
time
as
shall
be
appointed
by
the
Iustice
before
whom
such
Offender
shall
be
Convicted
,
and
over
and
above
pay
down
presently
unto
the
Overseers
for
the
use
of
the
Poor
of
the
Parish
where
such
Offence
shall
be
Committed
such
Sum
of
Money
not
excéeding
Ten
shillings
,
as
the
said
Iustice
shall
think
méet
.
Imprisonment
.
And
if
such
Offender
,
N.
4.
&c.
do
not
make
Recompence
or
Satisfaction
to
the
said
Party
or
Persons
Injured
,
and
also
pay
the
said
Sum
to
the
Poor
in
manner
and
form
aforesaid
,
then
the
said
Iustice
shall
Commit
the
said
Offender
,
&c.
to
the
House
of
Correction
for
such
time
as
the
said
Iustice
shall
think
fit
,
not
exceeding
One
month
.
Forrest
.
And
it
is
hereby
further
Enacted
and
Declared
,
&c.
That
if
any
,
§
6.
N.
●
.
&c.
shall
be
found
or
Apprehended
Setting
or
using
any
Snares
,
Harepipes
or
other
like
Engines
,
and
shall
be
thereof
Convicted
in
manner
following
,
the
Person
,
&c.
so
offending
shall
be
liable
to
the
Penalties
in
the
Immediate
foregoing
Clause
of
this
Act
in
manner
as
aforesaid
.
§
7.
N.
2.
Be
it
therefore
further
Enacted
,
&c.
That
if
any
shall
at
any
time
use
any
Casting
Net
,
Thief
Net
,
Drag
Net
,
Tramel
,
Shove
Net
,
Fish
.
or
other
Net
whatsoever
,
or
any
Angle
,
Hair
noose
,
Troll
or
Spear
,
or
shall
lay
any
Wears
,
Pots
,
Nets
,
Fish-hooks
,
or
other
Engines
,
or
shall
take
any
Fish
by
any
means
or
device
whatsoever
in
any
River
,
Stew
Pond
,
Mote
,
or
other
water
as
aforesaid
,
or
shall
be
aiding
or
assisting
thereunto
without
the
Licence
or
Consent
of
the
Lord
or
Owner
of
the
said
Water
,
and
be
thereof
or
of
any
other
the
Offence
or
Offences
mentioned
in
this
Act
,
Convict
by
Confession
of
the
Offender
,
or
by
Oath
of
one
sufficient
Witness
within
One
month
after
the
Offence
Committed
,
before
any
Iustice
of
Peace
of
such
County
,
Riding
,
Division
or
Place
wherein
such
Offence
as
aforesaid
shall
be
Committed
;
which
Oath
the
said
Iustice
of
Peace
is
hereby
Impowered
to
Administer
,
every
such
Offender
,
&c.
in
stealing
,
taking
or
killing
Fish
,
shall
for
every
such
Offence
give
to
the
Party
,
&c.
Injured
such
Recompence
or
Satisfaction
for
his
or
their
Damages
and
within
such
time
as
the
said
Iustice
shall
appoint
,
not
excéeding
treble
Damages
.
N.
3.
And
over
and
above
pay
down
presently
unto
the
Overséers
for
the
use
of
the
Poor
where
the
said
Offence
shall
be
Committed
,
Poor
.
such
Sum
of
money
not
excéeding
x
s.
as
the
said
Iustice
shall
think
méet
.
N.
4.
And
in
default
of
payment
as
aforesaid
,
Process
.
the
same
to
be
Levied
by
Distress
and
Sale
of
the
Offenders
Goods
,
by
Warrant
under
the
Hand
and
Seal
of
such
Iustice
before
whom
the
Offender
shall
be
Convicted
,
rendering
the
overplus
,
if
any
be
.
N.
5.
And
for
want
of
Distress
the
Offender
,
&c.
shall
be
Commited
to
the
House
of
Correction
for
such
time
as
the
Iustice
shall
think
fit
,
Imprisonment
.
not
excéeding
One
month
,
unless
the
Party
offending
shall
enter
into
Bond
with
one
competent
Surety
or
Sureties
to
the
Party
injured
,
not
excéeding
the
Sum
of
Ten
pounds
,
never
to
offend
in
like
manner
.
§
8.
N.
1.
And
be
it
further
Enacted
,
That
it
shall
and
may
be
Lawful
for
every
Iustice
of
the
Peace
before
whom
such
Offender
as
aforesaid
shall
be
Convict
,
to
take
,
Justices
.
cut
in
Pieces
and
destroy
all
and
every
such
Angles
,
Speers
,
Hairs
,
Nooses
,
Troles
,
Wears
,
Pots
,
Fish-hooks
,
Nets
or
other
Engines
whatsoever
,
wherewith
such
Offender
as
aforesaid
shall
be
taken
or
Apprehended
,
§
9.
N.
1.
Provided
alwaies
,
and
be
it
Enacted
,
&c.
That
if
any
,
Error
.
&c.
shall
find
him
or
themselves
agrieved
by
any
Iudgment
which
shall
happen
to
be
given
by
any
Iustice
of
the
Peace
by
vertue
of
this
Act
,
it
shall
and
may
be
Lawful
for
such
Person
or
Persons
so
agrieved
,
to
appeal
unto
the
Iustices
of
the
Peace
in
their
General
Quarter-Sessions
which
shall
happen
to
be
held
next
after
such
Iudgment
given
,
who
or
the
greater
number
of
them
are
hereby
Authorized
and
Impowered
to
give
such
relief
and
make
such
Order
therein
as
shall
be
agréeable
to
the
Tenor
of
this
Act.
N.
2.
And
such
Iudgment
Order
or
Determination
as
by
the
said
Iustices
shall
be
made
upon
the
said
Appeal
,
Certiorari
.
shall
be
final
to
all
Intents
and
purposes
whatsoever
,
if
no
title
to
any
Land
,
Royalty
or
Fishery
be
therein
concerned
.
Cap.
26.
(
18.
)
§
2.
N.
1.
And
forasmuch
as
the
Remedies
and
Provisions
by
those
Laws
,
Husbandry
.
(
viz.
12
Car.
2.
34
,
&
15.
Car.
2.
7.
§
18.
)
are
found
not
large
enough
to
obviate
and
prevent
the
Planting
thereof
(
viz.
of
Tobacco
.
)
N.
2.
Be
it
therefore
Enacted
,
&c.
That
,
Justices
.
&c.
all
Iustices
of
the
Peace
within
their
several
Limits
and
Iurisdictions
,
shall
and
do
a
month
before
every
General
Quarter-Sessions
to
be
holden
for
their
respective
Counties
,
Issue
forth
their
Warrants
to
all
High-Constables
,
petty-Constables
and
Tythingmen
within
their
several
Limits
thereby
requiring
the
said
High-Constables
,
petty-Constables
and
Tythingmen
,
and
every
of
them
,
to
make
diligent
Search
and
Inquisition
what
Tobacco
is
then
Sown
,
Set
,
Planted
,
Growing
,
Curing
,
Cured
or
made
within
their
several
and
respective
Limits
and
Iurisdictions
,
and
by
whom
;
and
to
make
a
true
and
Lawful
Presentment
in
writing
upon
Oath
at
the
next
General
Quarter-Sessions
to
be
holden
for
such
County
,
of
the
Names
of
all
such
Persons
as
have
Sowen
,
Set
,
Planted
,
Cured
or
made
any
Tobacco
,
and
what
the
full
Quantity
of
Land
is
or
was
Sown
,
Set
or
Planted
therewith
,
and
who
are
the
Immediate
Tenant
or
Tenants
,
or
present
Occupiers
of
the
Land
so
Sown
,
Set
or
Planted
,
who
are
and
shall
be
déemed
Planters
thereof
to
all
Intents
and
purposes
.
Husbandry
.
Which
said
Presentment
upon
Oath
shall
be
received
and
filed
by
the
Clerk
of
the
Peace
of
the
said
County
in
open
Sessions
,
§
3.
N.
1
:
and
after
such
receipt
and
filing
,
shall
be
a
sufficient
Conviction
in
Law
to
all
Intents
and
purposes
of
all
such
Persons
as
shall
be
so
presented
for
the
Sowing
,
Setting
,
Planting
,
Improving
to
Grow
,
making
or
Curing
Tobacco
either
in
Séed
,
Plant
,
Leaf
or
otherwise
,
contrary
to
the
said
recited
Acts
(
viz.
12
Car.
2.
34.
&
15
Car.
2.
7.
§
18.
)
or
either
of
them
;
unless
such
Person
or
Persons
so
presented
having
notice
given
to
him
or
them
of
such
Presentment
made
by
the
delivery
of
a
Copy
of
such
Presentment
to
him
or
them
,
or
by
leaving
a
Copy
of
such
Presentment
at
his
or
their
dwelling
House
or
Houses
,
or
usual
place
of
abode
in
the
presence
of
one
or
more
Credible
Witnesses
,
Ten
dayes
at
the
least
before
the
next
Quarter-Sessions
,
shall
at
the
Quarter-Sessions
next
after
such
notice
shall
be
given
to
him
or
them
,
Traverse
such
Presentment
,
and
find
sufficient
Sureties
for
the
prosecuting
and
trying
such
Traverse
at
the
Quarter-Sessions
to
be
holden
for
the
said
County
next
after
such
Traverse
shall
be
entred
or
made
.
Process
.
And
it
is
hereby
further
Enacted
,
That
all
Constables
,
Tythingmen
,
§
4.
N.
1.
Bayliffs
and
other
publick
Officers
,
shall
and
do
within
their
respective
Iurisdictions
from
time
to
time
as
often
as
occasion
shall
require
,
within
Fourtéen
dayes
after
Warrant
from
two
or
more
of
the
Iustices
of
the
Peace
within
such
County
,
Town
,
City
or
Place
to
them
,
calling
to
their
Assistance
such
Person
and
Persons
as
they
and
every
of
them
shall
find
convenient
and
necessary
,
pluck
up
,
Burn
,
Consume
,
Tear
in
pieces
and
utterly
destroy
all
Tobacco
Seed
,
Plant
,
Leaf
,
Planted
,
Sowed
or
Growing
in
any
Field
,
Earth
or
Ground
.
Forfeiture
.
And
if
any
such
Tobacco
shall
be
suffered
or
permitted
to
Grow
or
be
unconsumed
in
Séed
,
Plant
,
or
Leaf
in
any
Township
,
Tything
,
Parish
,
§
5.
N.
1.
Hamlet
or
place
by
the
space
of
Fourteen
dayes
after
the
receipt
of
such
Warrant
or
Warrants
by
the
said
Constables
,
Tythingmen
,
Bayliffs
or
other
publick
Officers
of
the
respective
Townships
,
Tythings
,
Parishes
or
Hamlets
as
aforesaid
,
that
then
such
Constables
,
Tythingmen
,
Bayliffs
or
other
publick
Officers
respectively
shall
for
every
such
Offence
forfeit
and
pay
the
Sum
of
Five
shillings
for
every
Rod
,
Pearch
or
Pole
of
Ground
so
Set
,
Planted
or
Sowed
with
Tobacco
,
and
so
proportionably
for
a
greater
or
lesser
Quantity
of
Ground
one
moiety
thereof
to
the
Kings
Majesty
,
and
the
other
moiety
thereof
to
him
or
them
that
shall
sue
for
the
same
,
to
be
recovered
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
his
Majesties
Courts
of
Record
at
Westminster
.
Process
.
And
it
is
hereby
further
Enacted
,
That
in
Case
any
,
&c.
shall
refuse
or
neglect
to
Aid
or
Assist
,
being
thereunto
required
,
any
Constable
,
Bayliff
,
§
6.
N.
1.
or
other
publick
Officer
in
the
due
Execution
of
this
Act
,
that
every
such
person
,
&c.
for
every
such
Offence
upon
Conviction
thereof
made
before
two
of
the
Iustices
of
the
said
County
where
such
Offence
shall
be
Committed
,
shall
forfeit
and
pay
the
Sum
of
Five
shillings
,
to
be
Levied
by
Warrant
from
the
said
Iustices
by
Distress
and
Sale
of
the
Offenders
Goods
;
and
in
Case
no
Distress
can
be
found
,
then
every
such
Offender
shall
be
Committed
to
the
Common
Goal
of
the
said
County
,
there
to
remain
for
the
space
of
One
wéek
without
Bail
or
Mainprise
.
Process
.
And
if
any
person
,
&c.
whatsoever
shall
forceably
resist
any
Constable
,
§
7.
N.
1.
Baliff
,
or
other
publick
Officer
or
other
person
,
&c.
whatsoever
in
the
due
Execution
of
this
Act
,
That
then
every
such
person
for
every
such
Offence
upon
Conviction
thereof
made
before
two
Iustices
of
the
Peace
of
the
said
County
where
such
Offence
shall
be
Committed
,
shall
forfeit
and
pay
the
Sum
of
Five
pounds
,
to
be
Levied
by
Warrant
from
the
said
Iustices
by
Distress
and
Sale
of
the
Offenders
Goods
;
and
in
Case
no
Distress
can
be
found
,
then
every
such
Offender
shall
be
Committed
to
the
Common
Goal
of
the
said
County
,
there
to
remain
for
the
space
of
Thrée
months
without
Bail
or
Mainprise
.
Pleading
.
And
be
it
further
Enacted
,
&c.
That
if
any
Action
,
Plaint
,
§
8.
N.
1.
Suit
or
Information
shall
be
Commenced
or
Prosecuted
against
any
▪
&c.
for
what
he
or
they
shall
do
in
Pursuance
or
Execution
of
this
Act
,
or
either
of
the
recited
Acts
,
(
viz.
12
Car.
2.
34.
&
15
Car.
2.
7.
§
18.
)
such
Person
,
&c.
so
Sued
in
any
Court
whatsoever
shall
or
may
plead
the
General
Issue
,
Not
Guilty
,
and
upon
any
Issue
joyned
,
may
give
this
Act
and
the
said
recited
Acts
or
either
of
them
and
the
special
matter
in
Evidence
.
N.
2.
And
if
the
Plaintiff
or
Prosecutor
shall
become
Nonsuit
,
or
forbear
further
prosecution
,
or
suffer
Discontinuance
,
or
if
a
Verdict
shall
pass
against
him
,
Costs
.
the
Defendant
,
&c.
shall
recover
their
Costs
for
which
they
shall
have
the
like
remedy
as
in
Case
where
Costs
are
given
by
Law
to
the
Defendants
.
Statuta
25
Car.
2.
25.
Car.
2.
2.
§
2.
N.
2.
ANd
that
all
and
every
such
Person
,
&c.
(
viz.
Officer
,
or
Patentee
under
the
King
,
&c.
)
to
be
admitted
after
the
first
day
of
Easter
Term
,
Patents
.
&c.
(
viz.
1673.
)
not
having
taken
the
said
Oaths
viz.
of
Supremacy
and
Allegiance
,
in
the
said
Courts
aforesaid
,
(
viz.
B.
R.
or
Chancery
)
shall
at
the
Quarter-Sessions
for
that
County
,
or
place
where
he
or
they
shall
reside
,
next
after
such
his
Admittance
,
&c.
into
any
of
the
said
respective
Offices
or
Imployments
aforesaid
,
take
the
said
several
and
respective
Oaths
as
aforesaid
.
Statuta
29
Car.
2.
29.
Car.
2.
7.
§
2.
N.
2.
ANd
that
no
person
,
&c.
shall
use
Imploy
or
Travel
upon
the
Lords
Day
with
any
Boat
,
Wherry
,
Lighter
or
Barge
,
Religion
.
except
it
be
upon
Extraordinary
occasion
to
be
allowed
by
some
Iustice
of
the
Peace
of
the
County
,
or
head
Officer
,
or
some
Iustice
of
the
Peace
of
the
City
,
Borough
or
Town
Corporate
where
the
Fact
shall
be
Committed
.
N.
3.
Vpon
pain
that
every
Person
so
Offending
shall
forfeit
and
lose
the
Sum
of
Five
shillings
,
for
every
such
Offence
.
Forfeiture
.
N.
4.
And
that
if
any
person
Offending
in
any
of
the
Premisses
,
Dayes
.
shall
be
thereof
Convicted
(
viz.
for
Trading
on
the
Lords
Day
,
&c.
)
before
any
Iustice
of
Peace
of
the
County
,
or
the
Chief
Officer
or
Officers
,
or
any
Iustice
of
Peace
of
or
within
any
City
,
Borough
,
or
Town
Corporate
where
the
said
Offences
shall
be
Committed
,
upon
his
or
their
View
or
Confession
of
the
Party
,
or
proof
of
any
one
or
more
Witnesses
by
Oath
(
which
the
said
Iustices
,
Chief
Officer
,
or
Officers
is
by
this
Act
Authorized
to
Administer
)
the
said
Iustice
,
or
Chief
Officer
or
Officers
shall
have
Warrant
under
his
or
their
Hand
and
Seal
to
the
Constables
or
Church-wardens
of
the
Parish
,
&c.
where
such
Offence
shall
be
Committed
,
to
Seize
the
said
Goods
cried
,
shewed
forth
,
or
put
to
Sale
as
aforesaid
;
and
to
Sell
the
same
,
and
to
Levy
the
said
other
Forfeitures
and
Penalties
by
way
of
Distress
and
Sale
of
the
Goods
of
every
such
Offender
distrained
,
rendering
to
the
said
Offenders
the
overplus
of
the
Monies
raised
thereby
.
N.
5.
And
in
default
of
such
Distress
,
or
in
Case
of
Insufficiency
or
Inability
of
the
said
Offender
to
pay
the
said
Forfeitures
or
Penalties
,
Imprisonment
.
that
then
the
party
Offending
be
set
publickly
in
the
Stocks
by
the
space
of
Two
hours
.
N.
6.
And
all
and
singular
the
Forfeitures
or
Penalties
aforesaid
(
viz.
for
Trading
or
Travelling
,
Forfeiture
.
&c.
on
the
Lords
Day
)
shall
be
Imployed
and
Converted
to
the
use
of
the
poor
of
the
Parish
where
the
said
Offences
shall
be
Committed
,
saveing
only
that
it
shall
and
may
be
lawful
to
and
for
any
such
Iustice
,
Mayor
or
head
Officer
or
Officers
,
out
of
the
said
Forfeitures
or
Penalties
to
reward
any
person
,
&c.
that
shall
Inform
of
any
Offence
against
this
Act
according
to
their
Discretions
,
so
as
such
reward
excéed
not
the
third
part
of
the
Forfeitures
or
Penalties
.
Statuta
29
&
30
Car.
2.
Scotland
.
BE
it
therefore
Enacted
,
29
&
30
Car.
2.
2.
§
1.
N.
2.
&c.
(
viz.
because
found
necessary
)
that
the
said
two
former
Acts
(
viz.
13
&
14
Car.
2.
22
&
18
Car.
2.
3.
)
and
either
of
them
,
and
every
matter
Clause
and
Clauses
therein
contained
,
and
all
and
every
the
Powers
and
Authorities
thereby
given
,
shall
be
,
continue
,
and
remain
in
full
force
from
henceforth
for
and
during
the
space
and
time
of
Seven
years
,
and
also
from
thence
until
the
End
of
the
first
Session
of
the
next
Parliament
.
Peace
.
Be
it
further
Enacted
,
§
2.
N.
●
.
&c.
that
the
said
several
Iustices
of
the
Peace
of
the
said
respective
Counties
,
shall
from
time
to
time
at
the
respective
Quarter-Sessions
take
good
and
sufficient
Security
of
the
Person
or
Persons
by
them
Imployed
in
the
said
Service
for
the
preservation
of
the
said
respective
Counties
from
Theft
and
Rapine
,
to
answer
the
Damages
sustained
by
any
person
or
persons
by
his
or
their
neglect
or
default
therein
,
and
to
pay
and
satisfie
the
same
within
Four
months
after
that
proof
thereof
shall
be
made
by
the
Oath
of
one
or
more
Credible
Witnesses
before
the
Iustices
of
the
Peace
of
the
said
respective
Counties
,
at
the
next
Quarter-Sessions
in
the
respective
County
.
Oath
.
Which
Oath
or
Oaths
the
said
Iustice
or
Iustices
are
hereby
Authorized
to
Administer
,
N.
3.
so
as
the
Goods
stoln
be
entred
in
one
of
the
Books
to
be
kept
for
that
purpose
within
the
space
of
xlviii
hours
after
the
same
shall
be
stoln
or
gone
.
Record
.
And
that
Books
shall
be
kept
for
that
end
in
every
Market
Town
of
the
said
respective
Counties
,
and
at
such
other
Convenient
places
therein
,
N.
4.
and
by
such
person
or
persons
as
the
said
Iustices
of
the
Peace
in
the
said
respective
Counties
at
their
General
Sessions
of
the
Peace
shall
order
or
appoint
.
Justices
.
And
be
it
further
Enacted
,
§
3.
N.
1
:
&c.
that
the
said
several
Iustices
of
the
Peace
of
the
said
respective
Counties
at
the
General
Quarter-Sessions
of
the
Peace
for
the
said
County
respectively
,
shall
yearly
or
every
two
years
at
the
furthest
in
open
Court
make
choice
thereof
,
and
appoint
such
Person
or
Persons
as
they
shall
respectively
think
fit
for
the
said
Counties
respectively
to
be
Imployed
in
the
said
Service
.
Religion
.
Provided
that
every
Person
and
Persons
employed
for
the
preservation
of
the
said
respective
Counties
from
Theft
and
Rapine
,
§
4.
N.
1.
or
as
Treasurer
for
the
said
Service
,
do
receive
the
Sacrament
of
the
Lords
Supper
according
to
the
usage
of
the
Church
of
England
in
some
publick
Church
upon
some
Lords
Day
commonly
called
Sunday
,
within
the
space
of
Thrée
months
after
they
shall
enter
upon
such
Imployment
,
and
deliver
a
Certificate
thereof
to
the
next
Quarter-Sessions
in
the
respective
County
where
they
shall
be
so
Imployed
,
and
take
the
Oaths
of
Allegiance
and
Supremacy
,
and
make
and
subscribe
the
Declaration
appointed
to
be
made
and
subscribed
in
and
by
one
Act
in
this
present
Parliament
,
&c.
(
viz.
25
Car.
2.
2.
)
&c.
under
the
Penalties
and
Forfeitures
by
the
said
Act
appointed
.
Statuta
30
Car.
2.
30
Car.
2.
3.
§
4.
N.
4.
(
VIz.
The
Five
pounds
Penalty
for
not
Burying
in
Woolen
,
Drapery
.
&c.
)
to
be
Levied
by
way
of
Distress
and
Sale
thereof
,
by
Warrant
of
the
Chief
Magistrate
,
in
any
Town
Corporate
,
or
any
Iustice
of
the
Peace
,
&c.
§
5.
N.
1.
And
it
is
hereby
further
Enacted
,
&c.
that
the
said
Affidavit
,
Oath
.
(
viz.
of
Parties
being
Coffined
in
Woollen
only
)
shall
be
made
or
taken
before
some
Iustice
of
the
Peace
,
or
Master
of
the
Chancery
,
Ordinary
or
Extraordinary
,
Mayor
,
Baliff
,
or
other
Chief
Officer
of
the
City
,
County
,
Borough
,
Corporation
,
or
Market
Town
in
the
County
where
the
said
Party
was
Buried
,
who
are
hereby
Authorized
and
required
to
Administer
the
said
Oath
,
and
to
attest
the
same
under
their
Hands
upon
such
Affidavit
gratis
.
N.
2.
And
in
Case
no
such
Affidavit
shall
be
brought
to
the
Person
,
Church
.
&c.
where
the
said
Party
was
Buried
,
&c.
within
the
said
Eight
dayes
,
that
such
Person
,
&c.
shall
forthwith
,
&c.
cause
notice
thereof
to
be
given
in
Writing
under
his
Hand
to
the
Church-warden
or
Overseers
of
the
Poor
of
such
Parish
,
who
shall
within
Eight
dayes
after
such
notice
repair
to
the
Chief
Magistrate
in
any
Town
Corporate
,
&c.
or
else
to
any
Iustice
of
the
Peace
who
upon
the
Certificate
thereof
from
the
said
Person
,
&c.
shall
forthwith
grant
a
Warrant
for
the
Levying
of
the
said
Forfeiture
on
the
Goods
and
Chattels
,
&c.
rendering
the
overplus
,
&c.
§
6.
N.
3.
And
in
Case
such
Chief
Magistrate
or
Iustice
of
the
Peace
shall
neglect
his
Duty
,
Process
.
in
not
Issuing
his
Warrant
for
the
Levying
of
the
said
Forfeiture
.
N.
4.
He
or
they
so
neglecting
or
Offending
shall
forfeit
for
every
such
Offence
the
Sum
of
Five
pounds
.
Forfeiture
.
§
10.
N.
1.
And
it
is
further
Enacted
,
&c.
that
,
Justices
.
&c.
the
said
Iustices
at
their
respective
Assizes
,
and
the
Iustices
of
the
Peace
at
their
respective
Quarter-Sessions
shall
give
this
Act
in
Charge
.
C.
4.
§
3.
N.
1.
And
all
Iustices
of
the
Peace
within
their
several
Counties
and
Divisions
,
Poor
.
are
hereby
Authorized
and
Impowered
to
put
in
Execution
all
such
Powers
,
Directions
and
Authorities
for
the
full
Release
and
Discharge
of
such
Persons
as
were
in
Prison
,
&c.
(
viz.
on
14
April
,
1671.
)
N.
2.
And
of
all
such
other
Persons
as
have
béen
since
that
time
Committed
to
Prison
,
and
are
in
Prison
,
&c.
(
viz.
on
29
May
,
Imprisonment
.
1678.
)
as
the
said
former
Act
,
(
viz.
22
&
23
Car.
2.
Cap.
20.
(7)
hath
made
and
provided
for
the
Release
and
Discharge
of
such
who
were
in
Prison
for
Debt
or
Damages
,
&c.
(
viz.
on
14
April
,
1671.
)
§
4.
N.
3.
And
if
within
the
space
of
Thrée
months
after
such
Weekly
allowance
by
any
Creditor
,
Execution
.
no
Estate
of
the
Prisoner
shall
be
discovered
or
made
out
before
two
Iustices
of
the
Peace
of
that
County
and
Division
where
the
said
Prisoner
is
kept
in
Prison
,
then
the
said
Prisoner
shall
forthwith
be
Discharged
by
Warrant
under
the
Hands
and
Seals
of
any
two
Iustices
of
the
Peace
of
the
same
County
and
Division
where
the
said
Prisoner
shall
be
so
in
Prison
,
to
the
Keeper
of
such
Prison
in
that
behalf
directed
as
fully
and
amply
as
if
such
Prisoner
had
been
Discharged
by
the
Iustices
of
the
Peace
at
their
Quarter-Sessions
,
as
in
the
said
recited
Act
(
viz.
22
&
23
Car.
2.
20.
7.
)
is
mentioned
.
Sheriffs
.
And
be
it
Enacted
,
&c.
That
in
Case
any
Sheriff
,
Goaler
,
§
7.
N.
1.
and
Kéeper
of
Prison
shall
refuse
and
delay
to
bring
and
discharge
,
and
set
at
Liberty
any
Prisoner
,
&c.
according
to
the
Order
of
the
Iustice
or
Iustices
of
the
Peace
made
in
pursuance
of
this
Act
,
or
of
the
said
former
recited
Act
,
(
viz.
22
&
23
Car.
2.
20.
7.
)
every
such
Goaler
,
Sheriff
,
or
Keeper
of
Prison
shall
forfeit
and
pay
to
such
Prisoners
so
detained
contrary
to
such
Order
the
Sum
of
xx
l.
to
be
recovered
by
Action
of
Debt
in
any
of
his
Majesties
Courts
of
Record
.
Justices
.
And
shall
also
be
subject
to
such
Fine
and
Punishment
as
the
said
Iustices
of
Peace
shall
upon
Complaint
thereof
to
them
made
order
and
Award
.
N.
2.
Poor
.
And
in
Case
the
profit
of
his
Labor
(
viz.
of
Prisoner
kept
at
Work
on
request
of
Creditor
,
&c.
)
shall
excéed
the
value
of
his
maintenance
,
§
13.
N.
2.
one
moiety
of
the
overplus
shall
go
towards
the
payment
of
his
Debts
for
which
he
remains
in
Execution
,
the
other
moiety
shall
be
paid
to
the
Hands
of
the
said
Prisoner
,
the
said
moieties
to
be
distributed
accordingly
by
the
two
next
Iustices
of
the
Peace
.
Imprisonment
.
And
be
it
Enacted
,
§
15.
N.
1.
That
any
Iudge
of
such
Court
whereto
such
Debtor
is
a
Prisoner
,
or
the
two
next
Iustices
of
the
Peace
to
such
Work-house
shall
and
may
have
power
to
Commit
such
Debtor
being
brought
before
him
or
them
by
Habeas
Corpus
,
or
Order
under
the
Hands
and
Seals
of
such
two
Iustices
unto
any
Work-house
within
the
County
where
such
Prison
is
there
to
remain
according
to
this
Act.
Debt
.
But
such
Prisoner
(
viz.
upon
mean
Process
not
giving
Warrant
of
Attorney
before
any
Justice
of
Peace
that
is
applied
to
for
discharge
,
§
18.
N.
2.
&c.
)
shall
in
Case
of
his
refusal
to
give
such
Warrant
of
Attorney
,
lose
the
whole
benefit
of
this
Law
.
Oath
.
Provided
alwayes
,
that
no
Prisoner
shall
be
discharged
by
vertue
of
this
Act
,
§.
20.
N.
1.
until
he
shall
before
the
Iustices
of
Peace
who
are
by
this
Act
Impowered
to
discharge
him
,
declare
upon
his
Corporal
Oath
,
which
Oath
the
said
Iustices
are
hereby
appointed
to
Administer
,
what
Estates
are
belonging
to
him
,
or
what
Debt
or
Debts
are
then
owing
to
him
within
any
of
his
Majesties
Dominions
or
elsewhere
,
and
by
whom
,
and
for
what
Cause
,
and
upon
what
Security
.
Debt
.
Of
all
which
a
Schedule
shall
be
made
in
the
presence
of
such
Iustices
,
N.
2.
and
Subscribed
by
the
Prisoner
,
and
shall
be
by
such
Iustices
returned
to
the
next
Sessions
there
to
be
kept
for
the
better
Information
of
the
Creditors
of
such
Prisoner
.
Measures
.
And
it
is
hereby
further
Enacted
,
C.
8.
§
6.
N.
1.
&c.
That
in
Case
after
the
Admeasuring
or
Marking
of
any
Boat
,
or
Keel
,
or
Cart
,
or
Wain
,
(
viz.
for
Measuring
Coals
at
New-Castle
,
&c.
)
the
Marks
shall
be
removed
or
altered
,
that
every
person
or
persons
who
had
a
hand
in
the
doing
thereof
,
shall
upon
proof
thereof
by
one
or
more
credible
Witnesses
before
any
Iustice
of
the
Peace
,
forfeit
the
Sum
of
x
l.
to
be
Levied
upon
his
Goods
and
Chattels
by
Distress
and
Sale
thereof
,
by
Warrant
of
such
Iustice
of
the
Peace
,
rendring
the
overplus
,
and
for
failure
of
such
Distress
to
be
Committed
to
the
Common
Goal
,
there
to
remain
for
the
space
of
Thrée
months
without
Bail
or
Mainprise
.
Fish
.
And
to
the
Intent
that
a
perfect
Execution
may
be
had
of
this
present
Act
,
C.
9.
§
3.
N.
1.
(
viz.
against
Fishing
,
and
destroying
fry
of
Fish
in
the
Severn
,
&c.
)
Justices
.
Be
it
Enacted
,
N.
2.
&c.
That
the
Iustices
of
Peace
within
the
said
respective
Counties
of
Worcester
,
Salop
and
Glocester
wherein
they
shall
be
Iustices
,
shall
be
and
are
hereby
appointed
Conservators
of
the
said
River
,
and
to
make
one
or
more
under-Conservators
within
their
respective
Limits
.
Process
.
And
that
the
said
Iustices
of
the
Peace
shall
Issue
forth
their
Warrants
urder
the
Hands
and
Seals
of
any
two
of
them
,
N.
3.
directed
to
such
under-Conservator
or
Conservators
,
or
to
any
Constable
,
Tythingman
,
or
Headborough
where
any
such
Offence
shall
be
Committed
,
upon
their
own
Knowledge
or
Information
to
them
given
,
to
search
in
the
day
time
in
all
suspected
Houses
and
places
for
all
such
Nets
,
Instruments
,
Devices
,
and
other
Engines
,
and
the
same
to
Seize
and
bring
before
the
said
Iustices
or
in
their
open
Quarter-Sessions
,
that
the
said
unlawful
Nets
,
Instruments
,
Devices
,
and
Engines
may
upon
the
View
thereof
be
burnt
,
or
made
useless
.
§
4.
N.
1.
Provided
alwayes
,
That
no
Person
or
Persons
Offending
as
aforesaid
,
Fish
.
(
viz.
in
Fishing
or
watering
Hemp
in
the
Severn
,
&c.
)
shall
be
punished
for
any
of
the
Offences
aforesaid
,
unless
by
Information
or
Indictment
before
his
Majesties
Iustices
of
Assize
,
and
Nisi
prius
,
Oyer
and
Terminer
,
and
General
Goal
Delivery
,
or
in
the
General
Sessions
of
the
Peace
to
be
holden
for
the
said
County
respectively
wherein
the
same
shall
be
Committed
.
N.
2.
And
upon
Conviction
of
any
Person
,
&c.
for
any
of
the
Offences
aforesaid
,
Execution
.
(
viz.
Fishing
or
watering
Hemp
in
the
Severn
,
)
the
said
respective
Courts
shall
Award
Execution
for
the
said
Forfeitures
,
the
one
moiety
thereof
to
the
use
and
benefit
of
the
Poor
of
the
Parish
where
the
said
Offence
shall
be
Committed
,
and
the
other
moiety
to
such
person
or
persons
as
shall
prosecute
the
same
by
Fieri
facias
,
or
Capias
ad
satisfaciendum
,
as
the
Kings
Majesties
Iustices
at
Westminster
may
and
use
to
do
.
Statuta
31
&
32
Car.
2.
31
Car.
2.
2.
§
21.
N.
2.
BE
it
therefore
Enacted
,
Imprisonment
.
That
where
any
person
shall
appear
to
be
Committed
by
any
Iudge
or
Iustice
of
the
Peace
,
and
charged
as
Accessory
before
the
Fact
,
to
any
Petty
Treason
or
Felony
,
or
upon
suspition
thereof
or
with
suspition
of
Petty-Treason
or
Felony
,
which
Petty-Treason
or
Felony
shall
be
plainly
and
specially
expressed
in
the
Warrant
of
Commitment
,
that
such
person
shall
not
be
removed
or
Bailed
by
vertue
of
this
Act
,
or
in
any
other
manner
then
they
might
have
béen
before
the
making
of
this
Act.
Statuta
32
Car.
2.
32
Car.
2.
1.
§
3.
N.
1.
BE
it
therefore
Enacted
,
&c.
(
viz.
to
avoid
Travel
,
&c.
)
That
,
Drapery
.
&c.
where
no
Iustice
of
Peace
shall
reside
,
or
to
be
found
in
any
Parish
where
any
Party
shall
be
Interred
,
the
Oaths
and
Affidavits
(
viz.
30
Car.
2.
3.
§
4.
N.
2.
of
Burying
in
Woolen
,
&c.
)
may
be
Administred
not
only
by
any
Iustice
of
the
Peace
,
or
Master
of
Chancery
,
Ordinary
or
Extraordinary
,
Mayor
,
Bayliff
or
other
Chief
Officer
of
the
City
,
County
,
Borough
,
Corporation
,
or
Market
Town
in
the
County
where
any
Party
was
Buried
.
But
also
that
the
Parsons
,
Vicars
and
Curates
in
every
Parish
or
Chappel
of
Ease
within
the
County
where
any
Party
shall
be
Interred
,
except
only
the
Parson
,
Vicar
and
Curate
of
the
Parish
or
Chappel
of
Ease
where
the
Party
is
Interred
(
concerning
whose
Interment
in
Woollen
such
Affidavit
is
to
be
made
)
be
and
are
hereby
Authorized
and
required
to
Administer
the
said
Oaths
or
Affidavits
,
and
to
attest
the
same
under
their
hands
Gratis
.
C.
2.
§
6.
N.
2.
The
same
(
viz.
xl
.
s.
for
every
great
Cattle
,
Ireland
.
and
x
s.
for
every
Sheep
or
Swine
Import
from
Ireland
not
Seized
,
Killed
and
Distributed
by
Seizors
,
Church-wardens
,
and
Overseers
failing
of
their
Duty
,
&c.
)
to
be
Levied
by
Distress
and
Sale
of
the
Goods
and
Chattels
,
of
the
Person
,
&c.
so
Offending
,
by
Warrant
under
the
Hand
and
Seal
of
any
Iustice
of
Peace
of
the
said
County
or
place
where
the
said
Offence
shall
be
Committed
,
upon
Confession
of
the
party
,
View
of
the
said
Iustice
,
or
Oath
thereof
made
before
such
Iustice
by
one
or
more
Credible
Witness
,
&c.
other
then
the
Informer
,
which
Oath
the
said
Iustice
hath
hereby
power
to
Administer
,
rendering
the
overplus
to
the
Owners
thereof
,
necessary
Charges
of
distraining
being
first
deducted
.
And
for
want
of
such
Distress
the
said
Offender
,
N.
3.
&c.
to
be
Committed
to
the
common
Goal
of
the
said
County
or
place
,
there
to
remain
for
the
space
of
three
months
without
Bail
or
Mainprise
.
Several
Heads
wherein
Lambert
,
Crompton
,
and
Dalton
are
Reduced
,
and
the
Particular
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.
Husbandry
.
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
;
Surety
of
the
Peace
.
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
,
Homicide
.
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
.
Forest
.
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
.
Bail
.
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
.
Forest
.
VI.
By
9
Ed.
2.
cap.
15.
§
.
1.
N.
2.
a
Clerk
submitting
to
the
Law
,
Ecclesiastical
persons
.
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
.
Pain
.
VIII
.
By
22
H.
8.
14.
§
.
1.
N.
6.
Persons
taken
out
of
Sanctuary
after
Abjuration
,
to
be
Hang'd
,
3
Inst.
115.
Sanctuary
.
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
.
Certificate
.
XI
.
By
35
Eliz.
2.
§
.
8.
N.
4.
Popish
Recusant
(
unless
Feme
Covert
)
not
having
twenty
Marks
per
annum
,
shall
abjure
before
two
Justices
.
Pope
.
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
Dominions
without
his
special
license
.
Sessions
.
XIII
.
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.
Sanctuary
.
XIV
.
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
.
Abjutation
.
XV.
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.
Accessary
.
Accessary
,
Abettors
,
Principal
,
Coron.
Bayle
.
I.
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.
Mainprise
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.
Exposition
.
II.
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
.
Coron.
III.
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
Principal
,
and
be
also
present
with
him
that
doth
perpetrate
the
offence
,
&c.
eased
of
that
labour
,
Poult
.
de
pace
144.
§.
23.
Statutes
.
IV.
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
easie
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
,
Intendment
.
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
Conjuration
,
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
,
Exposition
.
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
Consenters
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
Treason
Br.
19.
makes
nothing
against
this
,
for
there
wanted
the
word
proditoriè
1.
Inst.
57.
Dyer
.
296.
pal.
Poult
.
de
pace
144.
§.
22.
and
3.
Inst.
138.
VII
.
Stamf.
1.
cap
,
Intendment
.
46.
fol.
44.
it
seemeth
that
if
an
offence
be
made
Felony
by
a
Statute
,
though
the
said
Statute
does
not
speak
expresly
of
Abettors
,
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
offence
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
,
Exposition
.
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
committed
,
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.
provided
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
,
Intendment
.
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
committed
,
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
.
Rape
XI
.
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
other
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
Felony
,
by
the
Statute
3
H.
7.
2.
§
.
1.
N.
3.
no
less
than
if
it
were
to
a
Felony
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
.
Intendment
.
XII
.
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
Remember
,
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.
Armor
.
XIII
.
3
Inst.
72.
73.
this
Act
(
viz.
)
8
H.
6.
12.
§
.
3.
N.
1.
of
Imbezeling
Armour
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
Accessaries
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
.
Treason
.
XIV
.
Stamf.
113.
But
yet
it
seemeth
that
the
Accessaries
to
Petit
Treason
,
shall
have
Sanctuary
.
(
viz.
)
notwithstanding
the
General
words
of
28
H.
8.
7.
§
.
20.
N.
1.
)
Admiral
.
XV.
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
expresly
in
the
letter
of
the
said
Statutes
.
Money
.
XVI
.
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
Trayterously
to
have
Made
and
Counterfeited
divers
pieces
of
Money
,
of
false
Mettle
to
the
likeness
of
Good
and
Lawful
Money
of
England
(
called
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
diversis
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
Comfort
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
committed
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
Principals
,
for
that
they
are
Participes
Criminis
in
the
very
Act
of
Counterfeiting
;
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
Received
,
Comforted
,
and
Ayded
Henry
Garret
Superior
of
the
Jesuits
,
knowing
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
Offence
,
should
have
more
favour
then
Felony
,
for
the
Releiver
and
Comforter
in
Case
of
Felony
is
punnished
by
death
,
and
so
is
not
he
that
committed
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
,
Treason
.
&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
Receiving
,
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
,
Statutes
.
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
,
Statutes
.
that
3.
and
4.
Ph.
and
Mar.
it
was
held
by
the
Court
in
B.
R.
that
an
Accessary
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
,
Intendment
.
which
was
not
so
before
by
the
Common-Law
,
and
yet
the
Statute
saith
not
,
that
the
Abettors
,
Aiders
,
Comforters
,
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
.
Exposition
.
XXII
.
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
Special
words
of
the
same
Statute
,
and
not
Accessaries
to
the
same
Felonies
.
Fresh
Suit
.
XXIII
.
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
Felony
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
.
Agreement
.
XXIV
.
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.
Indictment
.
XXV
.
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
received
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
Felony
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
Attainted
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.
Joynder
.
XXVI
.
Lamb.
pred
.
10.
pl.
27.
An
Indictment
against
the
Stealer
of
a
Horse
and
his
Accessary
after
.
Kanc.
ss.
Juratores
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.
infra
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
&
abduxit
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
Feloniam
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.
Joynder
.
XXVII
.
Lamb.
Prisidents
.
10.
pl.
29.
An
Indictment
against
the
Stealer
of
Cow
and
his
Accessary
before
.
Kanc.
ss.
Juratores
pro
Dom.
Rege
,
&c.
presentant
quod
A.
B.
de
C.
in
dicto
com
.
Shoemaker
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
malitiose
&
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
,
Coron.
with
an
Accessary
before
and
after
.
Inquiratur
pro
Dom.
Rege
si
W.
S.
nuper
de
O.
in
com
.
predict
Smyth
.
Staff
.
ss
;
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
tecturam
ejusdem
domus
vulgariter
nuncupat
the
Covering
of
the
House
ad
tunc
&
ibidem
cum
una
scula
ascendebat
&
seandebat
ea
intentione
pertecturam
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
desperabatur
ac
si
dict.
Willielmum
simul
cum
aliis
predictis
ad
tunc
&
ibidem
ex
malicia
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
Felonice
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
.
predict
Felonice
receperunt
comfortaverunt
hospitaverunt
&
concelaverunt
contra
pacem
dicti
Dom.
Regis
&c.
XXIV
.
West
.
Sym.
2
part
145.
§.
285.
An
Indictment
for
Receiving
,
Coron.
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
commitat
pred
.
Felonice
recepit
auxiliatus
fuit
&
comfortavit
contra
pacem
'
&c.
Staff
ss.
XXX
.
West
Sym.
2
part
147.
§.
299.
An
Indictment
for
Stealing
of
4.
Oxen
and
of
the
Accessaries
before
and
after
.
Joynder
.
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
.
Norff.
ss.
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.
Coron.
Juratores
pro
Dom.
Rege
super
sacramentum
suum
presentant
quod
I.
W.
nuper
de
L.
clericus
alias
dictus
,
Middles●x
.
ss.
&c.
X
die
May
Anno
Regni
&c.
apud
parochiam
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
Anglia
apud
St.
James
Clarkenwel
in
predict'
com
.
M.
infra
predict
hospitalem
predict'
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.
&
alia
bona
predicta
prioris
ibidem
existent
quam
quidem
abbettationis
&
procurationis
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
valentiam
X
l
:
S
:
&c.
de
bonis
&
catallis
dicti
prioris
ad
tunc
&
ibidem
invent
Felonice
furat
fuit
cepit
&
aspertavit
contra
pacem
&c.
Account
.
Church-Wardens
,
Collectors
,
Surveyors
,
Overseers
,
Ways
,
Poor
,
Taxes
.
Poor
.
1.
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-Wardens
of
the
Parish
,
at
which
account
such
of
the
Parish
as
will
may
be
present
.
Officers
.
II.
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
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
Bishops
,
Ordinary
,
Chancellors
,
or
Commissaries
and
Justices
of
the
Peace
shall
appoint
;
and
so
make
immediat
payment
of
the
Sums
,
wherewith
by
determination
of
the
said
account
they
shall
be
charged
.
Days
.
III.
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.
Contempt
.
IV.
Eliz.
5
:
§
:
18.
N
:
4.
and
if
any
Collector
for
the
Poor
refuse
or
Neglect
,
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
without
Bail
or
Mainprise
till
he
have
made
his
said
account
,
and
immediat
payment
of
all
such
sirplusage
as
he
hath
received
.
Ordinary
.
V.
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
any
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.
Process
.
VI.
14
Eliz:
5
§.
30
N.
5.
and
If
any
so
called
shall
refuse
to
account
or
entring
into
account
shall
refuse
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
,
Chancery
.
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
,
Ch.
Ward
.
and
after
other
Overseers
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
Indicted
must
be
certainly
expressed
,
Nosine
.
and
if
the
Indictment
be
of
an
Accessary
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
,
Averment
.
but
yet
quod
bona
cujusdam
ignoti
cepit
Felonice
or
quendam
ignotum
Felonice
depredavit
its
good
,
because
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
Indicted
,
Lieu.
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
Indictment
.
Crompt
.
J.
P.
120.
§.
23.
IV.
Lamb.
4.
cap.
5.
pag.
481.
but
Borough
Knight
,
Esq
Gentleman
,
Nosine
.
Alderman
,
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
,
Nosine
.
are
no
good
Additions
,
because
they
be
common
to
Gentlemen
and
Yeomen
,
and
therefore
uncertain
,
Crompt
.
104.
§.
44.
Trades
.
VI.
Lamb.
481.
ibid.
so
Chop-Church
,
Marchant
,
Grocer
,
Mercer
,
Taylor
,
Broker
,
Husbandman
,
Hostler
,
Labourer
,
Lighterman
,
Waterman
,
Spinster
,
&c.
be
good
Additions
of
Mystery
,
Cromp.
109.
§.
2.
Misnorum
.
VII
.
Lamb.
281.
ibid.
But
Citzen
is
no
good
Addition
,
because
it
is
no
Mystery
,
Act
,
or
Degree
,
Cromp.
101.
§.
11.
neither
is
Extortioner
,
Maintainer
,
Vagagond
,
Heretick
,
Dicers
,
Carders
,
or
such
like
,
any
good
Addition
,
because
they
are
every
one
against
the
Law
.
Lieu.
VIII
.
Lamb.
481.
482.
Also
by
1
H.
5.
5.
the
Addition
ought
to
comprehend
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.
Variance
.
IX
.
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.
Alias
dictus
.
X.
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
,
Mistery
,
or
Degree
,
and
place
at
the
first
,
then
cannot
the
alias
dictus
make
that
good
which
was
evil
before
,
Cromp.
102
§.
25.
Trades
.
XI
.
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
.
Days
.
XII
.
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.
Information
.
XIII
.
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
upon
it
.
Inquest
.
XIV
.
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
Juror
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.
Franchise
.
XV.
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
.
Return
.
XVI
.
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
certified
under
his
or
their
Hands
,
to
the
Sheriff
of
the
place
of
the
dwelling
,
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
.
Issues
.
XVII
27
Eliz.
7.
§
.
2.
N.
4.
And
that
no
extract
of
Issues
against
any
Juror
returned
as
aforesaid
,
shall
be
delivered
out
,
received
,
or
put
in
ure
,
without
such
Addition
as
is
put
in
the
Original
Pannel
or
Tales
,
wherein
such
Juror
shall
be
so
returned
.
XVI
.
Cromp.
J.
P.
101.
§.
10.
a
Person
was
Indicted
Mich:
Incumbent
.
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
,
Nosine
.
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
,
Menace
.
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.
otherwise
it
is
of
an
Assault
,
as
it
seemeth
by
those
very
Books
.
II.
Lamb.
126.
Ibidem
.
Yet
may
an
Affray
be
,
Peace
.
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
armed
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
,
Trespass
.
&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
,
Menace
.
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
,
Justices
.
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
,
A●id
.
(
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
,
Action
sup.
Cas.
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
,
Officer
.
and
one
cometh
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.
Imprisonment
IX
.
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
himself
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.
Arrest
.
X.
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
,
without
a
Warrant
contrary
,
before
the
Affray
,
and
in
time
of
the
Affray
.
Fresh
Suit
.
XI
.
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
Officer
.
XII
.
Lamb.
2.
cap.
3.
page
132.
Now
that
it
is
not
only
lawful
,
but
commanded
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
bestir
himself
to
attach
the
Murderer
.
Constable
.
XIII
.
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.
Slander
.
XIV
.
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.
Officer
.
XV.
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
present
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.
Arrest
.
XVI
.
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.
Officer
.
XVII
.
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.
Justification
.
XVIII
.
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
assaulted
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
,
Constable
.
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.
Bail
.
XXI
.
Lamb.
134.
If
one
do
make
an
Affray
upon
a
Justice
of
Peace
,
Process
.
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
,
Imprisonment
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
,
Fresh
Suit
.
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.
Ridgway's
Case
10
Co.
31.
b.
XXIV
.
Cromp.
146.
b.
An
Affray
was
in
the
Vill
where
the
Sessions
were
held
,
which
is
Corporate
,
Corporation
.
and
hath
Justices
of
the
Peace
within
themselves
,
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
,
Lieu.
and
is
continued
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
,
Justices
.
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
,
Fresh
Suit
.
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
.
Arrest
.
XXVIII
.
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
making
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
County
:
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
removed
by
a
Writ
,
&c.
Constable
.
XXIX
.
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.
Slander
.
XXX
.
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
another
,
or
shall
threaten
to
beat
another
,
or
shall
contend
only
in
hot
words
,
see
§.
14.
supra
Lamb.
77.
Peace
.
XXXI
.
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.
Bar.
&
Feme
.
XXXII
.
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.
in
t.
553.
Justices
.
XXXIII
.
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.
Gladiis
,
&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'
deliberand'
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
&
perturbationem
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.
Justices
.
Inquiratur
pro
Dom'
Rege
si
F.
F.
&c.
11.
die
,
&c.
vi
&
armis
,
Middlesex
ss.
&c.
Justic'
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
magno
periculo
vitae
suae
posuit
ita
quod
de
vita
sua
desparabatur
in
magnum
Justic'
&
Legum
hujus
Regni
Angliae
contempt'
&
pernitiosum
exemplum
aliorum
&
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'
Regis
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
&
Dignitatem
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
,
Seamen
.
Mayors
and
Bailiffs
,
within
Franchises
and
without
,
That
at
the
certification
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
,
Justices
.
after
Wages
received
,
&c.
and
to
hear
and
determine
the
same
.
Ships
.
III.
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.
War
.
IV.
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
consider
whether
this
entring
of
Record
have
any
use
now
.
Jurisdiction
.
V.
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
,
Liberty
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
Lieutenant
,
or
Deputy
,
according
to
28
H.
8.
15.
for
causes
of
Piracy
.
Justices
.
VI.
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
within
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
thereupon
to
hear
and
determine
the
same
.
War
.
VII
.
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
Commission
to
serve
her
Highness
as
a
Mariner
on
the
Sea
,
but
that
the
said
Commission
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.
License
.
VIII
.
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
literas
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
abfque
aliquibus
Roberiis
fractione
impeditione
perturbatione
aut
captione
ipsorum
alienigenorum
bonorum
&
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
armati
salvum
conductum
pred'
minime
verentes
&
spernentes
in
pred'
A.
B.
&
alios
alienigenos
ad
tunc
&
ibid'
insult'
fecerunt
&
ipsos
verberaverunt
vulneraverunt
&
male
tractanerunt
&
ipsos
in
Nav'
pred'
tanque
eorum
prisonarios
ad
tunc
&
ibid'
ceperunt
&
custodierunt
&
eos
in
Prisona
sub
custodia
sua
Diu
'
viz.
per
spatium
4
dierum
quousque
Iidem
A.
B.
&
D.
&
alii
alien
igine
in
eadem
Navi
existent'
finem
&
redemptionem
pro
salvo
conductu
&
deliberatione
suis
habend'
pro
sexcent
marcis
cum
prefat
'
H.
&
aliis
predict'
fecissent
detinuerunt
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
,
Measures
.
shall
be
through
Our
Realm
and
one
Measure
of
Ale
.
II.
Cromp.
J.P.
94
,
Nota
,
Exchequer
.
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
Carta
26
,
(
25
,
)
and
15.
R.
2.
4.
see
1
Jac.
9.
Alter
for
Ale
Dalt
.
148.
infra
.
80.
III.
Cromp.
94
b.
ibid.
But
note
,
that
the
Ale
Quart
is
the
greater
,
Wine
.
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
,
License
.
may
prohibit
and
remove
Common-Ale-selling
,
and
may
also
allow
the
same
,
taking
Bond
with
suretie
by
Recognizance
for
good
rule
to
be
kept
in
such
Ale-houses
,
&c.
by
their
discretion
;
and
they
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
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
,
Indictment
.
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
,
Recognizance
I
will
for
the
better
bridling
of
these
Nurseries
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
Elizabeths
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
suffer
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
defamed
,
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
person
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
selling
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.
G●mes
.
VII
.
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
.
Recogn
.
VIII
.
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
Quinque
libar
.
&
predict
.
W.
S.
assumpsit
pro
se
sub
pena
X.
li.
quas
concesserunt
se
debere
dicto
Dom.
Regi
,
&c.
sub
conditione
sequenti
.
Recogn
.
The
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
in
the
said
County
of
and
not
elsewhere
in
the
said
County
;
If
therefore
the
said
shall
not
during
the
time
aforesaid
,
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
,
Garden
,
or
Backside
.
2.
Nor
shall
suffer
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
Constables
,
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
suffer
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
Vttered
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
,
Justice
and
generally
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
,
Recogn
.
&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
,
Justice
.
City
,
or
Town
Corporate
within
this
Kingdom
and
Dominion
of
Wales
,
do
once
every
year
in
the
Months
of
April
and
May
,
Assemble
themselves
either
at
a
special
Sessions
,
or
such
other
Meeting
as
they
shall
appoint
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
Information
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
,
Licence
.
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
,
Bail
.
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
performance
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
,
Peace
.
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
duly
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
,
Officer
.
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
behaviour
.
Fees
.
XVII
.
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.
Appearance
.
XVIII
.
Dalt
.
377.
ibid.
8
that
in
case
the
Ale-house-keeper
not
knowing
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
Condition
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
.
Licene
.
XIX
.
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
Houses
,
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.
Justices
.
XX.
Dalt
.
378.
ibid.
10.
That
the
Justices
of
Peace
within
their
several
Precincts
do
not
permit
or
suffer
any
unlicensed
Alehouse-keeper
or
Victualler
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
.
Recognizance
XXI
.
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
Patentees
,
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
.
Justices
.
XXII
.
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
.
Fees
.
XXIII
.
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
,
Process
&
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
Offender
,
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
,
Forfeiture
.
(
viz.
the
Sessions
)
that
an
Alehouse-keeper
hath
done
any
act
whereby
he
hath
forfeited
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.
Certificate
.
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
common
order
of
assessing
Fines
,
&c.
XXVII
.
Cromp.
151.
b.
Process
shall
be
awarded
(
by
5
,
Suggestion
.
&
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
,
Process
.
that
wheresoever
any
Conviction
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.
Fine
.
Where
the
Conviction
is
for
trespass
against
the
Peace
,
Riots
and
such
other
Contempts
and
Offences
against
the
Commission
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.
Forfeiture
.
I
have
heard
that
even
in
Cases
where
the
Statutes
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.
Justices
.
XXXI
.
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.
Enquest
.
XXXII
.
Lamb.
599.
The
enquiry
whether
Alehouse-keepers
have
forfeited
their
Recognizances
ought
(
by
5
,
&
6
Ed.
6.
§
.
3.
N.
1.
)
to
be
at
the
Quarter
Sessions
.
Certificat
XXXIII
.
Lamb.
620.
If
the
Justices
of
Peace
,
having
taken
Recognizance
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.
Games
.
XXXIV
.
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.
Hostler
.
XXXV
.
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
indicted
,
Dalt
.
cap.
7.
page
31.
Hutt
.
99.
&
8.
Co.
32.
Process
.
XXXVI
.
Cromp.
126.
b.
The
Sessions
may
hear
and
determine
by
Information
,
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.
Certificate
.
XXXVII
.
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
Quorum
)
shall
be
a
Conviction
to
the
Offender
,
Lamb.
530.
Cromp.
172.
Bail
.
XXXVIII
.
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.
Recogn
.
XXXIX
.
Cromp.
196.
§
.
6.
The
Justices
of
Peace
shall
take
a
Recognizance
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.
Process
.
XL.
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
.
Licence
.
XLI
.
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.
Proofe
.
XLII
.
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.
Measures
.
XLIII
.
Dalt
.
26.
cap.
7.
If
any
Taverner
,
keeping
also
an
Inn
or
victualling
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
,
Hostler
or
victualling
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
,
Hostler
.
&
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
Victualling-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
,
Hostler
.
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.
Hostler
.
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
suppressed
,
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.
Indictment
.
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
refusing
to
Lodge
him
.
14
H.
22.
b.
Kell.
50.
pl.
XLIX
.
28.
ibid.
But
no
Inn-holder
,
Payment
.
Ale-house-keeper
or
other
Victualler
shall
be
compelled
to
sell
,
or
let
any
Traveller
or
other
,
to
have
any
Victuals
or
Lodging
except
the
party
shall
first
tender
and
pay
ready
Mony
for
the
same
,
if
it
be
required
,
10
H.
7.
8.
Hostler
.
L.
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.
Hostler
.
LI.
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
persons
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
delivered
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
pervert
the
end
for
which
they
were
appointed
first
,
or
else
it
seemeth
they
may
be
committed
as
Ale-house-keepers
without
Licence
by
two
Justices
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
.
Lisence
.
LII
.
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
Recognizance
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.
Nusance
.
LIII
.
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.
Justices
.
LIV.
Dalt
.
31.
ibid.
But
such
Inns
or
Hosteries
,
if
they
be
inconvenient
or
disordered
,
in
respect
either
of
the
Inn-keeper
,
or
of
the
resort
thither
,
or
that
the
place
be
unmeet
,
they
are
to
be
supressed
,
upon
an
Indictment
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
allowed
only
for
Travellers
,
Hutt.
100.
Hostler
.
LV.
Hutt
.
99.
Pl.
151.
Memorandum
,
That
upon
a
Conference
at
Serjeants-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
,
Baron
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.
License
.
LVI
.
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.
Hostler
.
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
Alehouses
,
as
being
haunts
and
receits
for
Robbers
,
Thieves
,
Rogues
,
Vagabonds
,
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.
Justices
.
Any
two
Justices
of
the
Peace
(
the
one
being
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.
License
.
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
Cambridge
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
,
Ability
.
Bailiff
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
,
Trades
.
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.
Lieu.
Also
in
the
Towns
which
are
no
thorow-fare
the
Justices
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.
Lieu.
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.
Warwick
.
ss.
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
Recognizance
,
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.
License
.
LXV
.
West
.
Presid.
1
part
.
§.
558.
A
License
to
keep
an
Alehouse
.
Berks.
ss.
To
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.
Fsque
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.
aforesaid
,
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
.
License
LXVI
.
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.
License
.
Cambr.
ss.
LXVII
.
Dalt
.
379.
or
thus
.
We
whose
Names
are
hereunto
under-written
,
Justices
of
Peace
of
our
Sovereign
Lord
the
King
,
within
the
County
of
Cambridge
,
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.
License
.
LXVIII
.
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
Statute
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.
Victuals
.
LXIX
.
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
.
Fish
.
These
are
in
the
Kings
Majesties
Name
to
command
you
to
warn
all
the
Inn-holders
,
Taverners
,
Cooks
,
Alehouse-keepers
,
Butchers
,
and
other
Victuallers
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
,
according
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.
Recogn
.
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
Majesties
Name
to
require
you
,
That
you
direct
your
Precepts
to
every
Petty-Constable
within
your
Hundred
,
requiring
them
that
they
warn
all
Alehouse-keepers
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
.
License
.
Cambr.
ss.
J.
C.
and
E.H.
Knts.
two
of
the
Kings
Majesties
Justices
of
the
Peace
within
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
disorder
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.
Forfeitures
.
A
Warrant
to
levy
money
forfeited
by
Alehouse-haunters
.
R.
S.
one
of
the
Kings
Majesties
Justices
of
the
Peace
within
the
said
County
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
,
Cambr.
ss.
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
Shillings
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.
Forfeiture
.
LXXIII
.
Dalt
.
362.
cap.
121.
ibid.
The
like
Warrant
may
be
made
to
levy
the
forfeiture
of
Inn-keepers
or
Alehouse-keepers
,
for
suffering
Townsmen
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.
Cambr.
ss.
LXXIV
.
Dalt
.
362.
To
levy
the
forfeiture
for
not
keeping
the
Assize
,
&c.
Measures
.
R.
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.
Cambr.
ss.
LXXV
.
A
Warrant
for
one
who
keepeth
an
Alehouse
without
License
.
Process
.
FOrasmuch
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.
Cambr.
ss.
LXXVI
.
A
Warrant
for
Inn-keeper
,
&c.
Selling
under
Measure
.
To
the
Constable
of
the
Town
of
,
&c.
Measures
.
These
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
being
accused
for
selling
less
then
an
Ale-Quart
of
the
best
Beer
for
a
penny
,
&c.
Imprisonment
LXXVII
.
A
Mittimus
to
send
to
the
Goal
an
Ale-house-keeper
that
Victualleth
contrary
to
commandment
.
S●ff
ss.
S.
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
misdemeanors
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
informed
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
.
Essex
ss.
Forfeiture
.
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
,
contrary
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.
Justices
.
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
,
Measures
.
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
,
Apraisment
.
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
,
Justices
.
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.
Lisence
.
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
,
Essex
ss.
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
communem
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
&
subditis
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.
Victuals
.
LXXXIV
.
Note
that
1
Jac.
9.
For
restraint
of
inordinate
Haunting
and
Tipling
in
Inns
,
Ale-houses
and
other
Victualing-houses
was
made
to
continue
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
.
Shiriff
.
LXXXV
.
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
,
Serjeant
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
Officer
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
,
Tobacco
,
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
infers
,
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.
Measures
.
LXXXVI
.
West
.
Symb.
2.
part
137.
Sect.
238.
An
Indictment
of
Selling
Ale
in
Kilderkins
23
H.
8.
4.
§
.
4.
N.
1.
Bucks.
ss.
Juratores
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
diversis
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
Domini
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.
Essex
.
ss.
Juratores
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
autoritate
propria
ipsius
A.
B.
sine
ulla
Justiciariorum
pacis
dicti
Dom'
Regis
in
Comitatu
predict
admissione
aut
allocatione
assumpsit
super
se
Custodire
&
Custodivit
unam
communem
Tabernam
Anglia
vocat
a
common
Tipling-house
,
&
ibidem
dicto
20
die
&
dictis
diebus
tunc
postea
communiter
&
publice
vendidit
Cervisium
&
Potum
Anglice
dict.
Ale
and
Beer
diversis
dicti
Dom'
Regis
ligeis
&
subditis
in
dicti
Dom'
Regis
contempt'
&
contra
formam
cujusd'
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.
●●m●s
.
LXXXVIII
.
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.
Precedents
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
,
Essex
.
&c.
&
continue
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
Custodivit
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
usitaverunt
ac
tunc
ibidem
cum
Globis
Anglice
vocat
Bowls
insimul
&
illicite
Inserunt
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
,
Essex
ss.
&c.
in
domo
sua
continue
recepit
hospitavit
&
supportat
vagabond'
meretrices
&
alios
diversos
homines
ociosos
suspect'
&
malae
conversationis
&
continue
custodivit
malam
regulam
&
Gubernationem
in
domo
suo
,
ad
grave
nocumentum
&
perturbationem
omnium
vicinorum
suorum
ac
contra
formam
diversorum
Statut
'
&c.
ac
contra
paecem
,
&c.
XC
.
West
Symb.
2.
part
15.
7.
b.
Sect.
355.
An
Indictment
of
disorders
&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
,
Essex
ss.
viz.
apud
Cards
and
Dice
,
in
noctibus
post
horas
debitas
&
legitimas
&
qui
vigilant
in
nocte
&
dormiunt
in
die
nec
non
habet
fidem
&
opinionem
contra
fidem
Dei
.
&
hec
verba
dixit
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
ligeorum
dicti
domini
Regis
in
malum
exemplum
&
magnum
nocumentum
omnium
aliorum
ligeorum
dicti
Dom.
Regis
Coron'
&
dignitat'
suas
.
XCI
.
Practick
Precedents
135.
An
Indictment
for
keeping
a
disordered
Ale-house
,
supra
89.
Juratores
pro
Dom'
Rege
super
Sacramentum
suum
presentant
quod
G.
R.
Midd.
ss.
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
parochiam
pred
.
in
com'
pred'
custodivit
&
manutenuit
&
adhuc
custodit
&
manutenet
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'
diversis
temporibus
tam
per
noctem
quam
per
diem
esse
&
remanere
tiplantes
bibentes
&
se
malegerentes
ad
magnam
inquietatem
&
perturbationem
omnium
ligeorum
&
subditorum
dicti
Dom'
Regis
ibidem
inhabitant'
in
contempt'
Legum
Angliae
in
malum
exemplum
omnium
aliorum
in
hujusmodi
casu
delilnquentium
,
ac
contra
pacem
dicti
Dommini
Regis
nunc
Coronam
&
dignitatem
suas
.
XCII
.
Practick
Precedents
89
,
90.
An
Indictment
against
a
common
Drunkard
.
Juratores
pro
Dom'
Rege
super
Sacramentum
suum
presentant
quod
A.
B.
nuper
de
C.
in
Com'
pred'
Yeoman
10
die
,
Midd.
ss.
&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
exemplum
fidelium
subditorum
dict'
Dom'
Regis
nunc
&
contra
pacem
dicti
Dom'
Regis
Coronam
&
Dignitatem
suas
,
&c.
Alien
&
Allegiance
.
Denizen
,
Foreigner
,
Strangers
.
Peace
.
I.
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
liveth
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.
War
.
II.
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
benefit
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
.
Apprentice
.
III.
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.
Merchant
.
IV.
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.
Amerciaments
.
Fines
,
Forfeitures
,
Contempts
,
Affearment
,
Estreats
.
Force
.
I.
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
Warrant
sent
to
the
Gaol
,
some
men
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
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
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
enquiry
,
so
ought
he
also
to
estreat
and
send
this
into
the
Exchequer
,
that
from
thence
the
Sheriff
may
be
commanded
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.
Justices
.
II.
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
,
Justice
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.
Fines
.
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.
Ale
.
The
said
Justices
of
Peace
in
Town
or
County
,
upon
the
said
Certificate
made
(
of
disorder
,
or
selling
Ale
without
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
,
Process
.
&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.
Exchequer
.
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
Exchequer
Crompt.
168.
VIII
.
Lamb.
4.
cap.
21.
pag.
617.
Fees
.
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.
Issues
.
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.
Fines
.
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
commit
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.
Amerciament
.
But
now
of
later
time
the
Justices
themselves
have
in
some
case
of
Amerciaments
also
used
to
Assess
and
Rate
the
same
without
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.
Justifices
.
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
.
Fines
.
XIII
.
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
placitare
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
.
Drapery
.
I.
1
Jac.
25.
§.
4.
5.
N.
1.
A
Repeal
of
all
Statutes
of
Apparel
.
Appeal
.
A
Procurer
,
Coron
.
Abatement
.
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
.
Fresh
Suit
.
II.
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
.
Dhyes
.
III.
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
Common
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
accounts
of
the
Death
,
not
from
the
stroke
,
but
from
the
Day
when
the
party
died
.
Appearance
.
Attorney
.
Attorny
.
I.
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
.
Sessions
.
II.
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
.
License
.
I.
5
Elix
.
4.
§
.
10.
N.
6.
The
Form
of
a
Testimonial
to
a
Servant
departing
,
to
be
signed
by
the
persons
,
&c.
where
the
last
Master
dwelt
.
Husbandry
.
Memorandum
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.
Husbandry
.
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
Husbandry
,
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
,
License
.
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
,
Lieu.
because
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.
Justices
.
Any
one
Justice
of
the
Peace
may
take
upon
him
to
hear
and
order
the
controversies
between
Masters
and
Servants
,
touching
their
departure
,
and
may
allow
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
persons
as
be
meet
to
Labour
by
his
discretion
to
serve
by
the
day
for
the
getting
,
cutting
,
Inning
,
or
carrying
thereof
,
according
to
the
skill
and
quality
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.
Justices
.
Any
two
Justices
of
the
Peace
upon
complaint
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
according
to
the
Statute
,
Crompt
198.
Dalt
.
78.
cap.
31.
VII
.
Lamb.
329.
330.
ibid.
They
also
(
viz.
2.
Imprison
.
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
unmarryed
,
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.
Justices
.
VIII
.
Lamb.
330.
ibid.
Any
two
Justices
of
the
Peace
may
make
Testimonial
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.
Poor
.
IX
.
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
.
Certificate
.
X.
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
,
Mercer
,
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.
Fees
.
XI
.
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
shillings
the
day
,
for
three
days
together
,
out
of
the
forfeitures
that
grow
upon
the
same
Statute
.
Fees
.
XII
.
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.
Trades
.
XIII
.
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.
Dayes
.
XIV
.
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
,
Turner
,
Capper
,
Hatmaker
,
Feltmaker
,
Bowyer
,
Fletcher
,
Arrowhead-maker
,
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.
Husbandry
.
XV.
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.
Fees
.
XVI
.
Lamb.
466.
ibid.
And
if
any
person
have
given
any
Wages
,
contrary
to
the
Rates
of
Wages
of
Servants
and
Labourres
,
appointed
and
proclaimed
5
Eliz.
4.
§
.
18.
N.
1.
Husbandry
.
XVII
.
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.
Notice
.
XVIII
.
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
before
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
Finishing
thereof
,
5
Eliz.
4
,
§
.
13.
N.
1.
XX.
Lamb.
467.
If
any
Servant
,
Workman
,
or
Labourer
,
Labourers
.
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
,
Peace
.
have
not
upon
complaint
put
into
the
Stocks
two
days
and
one
night
,
every
Artificer
or
Person
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
appointed
by
a
Justice
of
Peace
,
or
such
Constable
or
head
Officer
,
5
Eliz.
4.
§
.
22.
N.
1.
XXII
.
Lamb.
467.
Constable
.
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.
Trades
.
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
,
Informations
.
may
grant
Writs
of
capias
to
the
Sheriff
of
that
other
Shire
where
the
Servant
is
returnable
before
themselves
,
5
Eliz.
4.
§.
47
N.
1.
Crompt
.
149.
b.
109.
b.
infra
.
Process
:
XXV
.
Lamb.
571.
572.
No
doubt
but
51
H
3.
Stat.
5.
page
11.
de
scaccario
,
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.
Issues
.
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.
Justices
.
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.
Justices
.
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.
Proof
.
If
any
Justice
of
Peace
not
being
Sick
,
nor
having
other
Lawful
excuse
to
be
testified
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.
Justices
.
The
Wages
of
Servants
and
Labourers
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
aforesaid
,
Rate
and
Ingross
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.
Cromp.
124.
§
.
24.
Infra
.
Poor
.
XXXI
.
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
.
Coron.
XXXII
.
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
,
Imbezil
the
said
Caskets
,
Goods
or
Chattels
,
without
assent
or
command
of
their
Master
,
or
convert
them
to
their
own
use
,
with
like
purpose
and
intent
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.
Trades
.
XXXIII
.
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
Workman
,
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
.
Justices
.
XXXIV
.
Cromp.
124.
§
.
24.
The
Justices
may
hold
Sessions
annually
between
Michaelmas
and
Christmas
,
and
between
the
Feast
of
the
Annuntiation
,
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
.
Process
.
XXXV
.
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
necessary
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
returnable
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.
Bail
.
XXXVI
.
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
according
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
.
Justices
.
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
negligent
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.
Action
.
XXXIX
.
Cromp.
184.
Justices
of
Peace
may
Award
execution
to
the
informer
,
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.
Trades
.
Labourers
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.
Process
.
The
Justice
of
Peace
may
Award
Writs
of
Capias
in
any
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
,
Imprison
.
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.
extends
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
,
Deeds
.
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.
Process
.
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
;
Justices
.
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
aforesaid
,
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
,
Process
.
departed
out
of
Service
,
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.
Dalton
385.
cag
.
XLVII
.
Dalt
.
80.
cap.
31.
The
Reason
of
this
Law
,
(
viz
'
5
Eliz.
4.
§
.
27.
Corporat
.
N.
2.
)
seemeth
to
be
,
for
that
such
as
be
to
be
bound
Apprentices
in
Corporate
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
,
Certificate
.
(
on
5
Eliz.
4.
sect
;
.
27.
N
,
2
,
)
it
seemeth
not
much
in
use
at
this
day
,
neither
is
this
Certificate
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.
Trades
.
did
not
then
deliver
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
,
Trades
.
XLIX
.
Dalt
.
80.
cap.
31.
.
By
the
Common-Law
no
man
may
be
prohibited
to
Work
in
any
Lawful
Trade
,
for
the
Law
abhoreth
Idleness
,
11.
Co.
53.
b.
Trades
.
L.
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
Substance
,
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.
Trades
.
LI.
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
prohibited
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.
Trades
.
LII
.
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
any
Trade
or
other
Manual
Occupation
for
the
use
of
himself
,
or
of
his
Family
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
Indicted
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
.
Ale
.
LIV.
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
.
Infant
.
LV.
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
Husbandry
,
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
under
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
Retainer
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
agreement
,
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.
Poor
.
Such
Children
whose
Parents
are
not
able
to
maintain
them
,
though
they
be
under
12
,
yet
may
they
be
Bound
Apprentices
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
:
Husban-dry
.
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
;
Lieu.
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
;
Departure
.
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
,
without
shewing
a
Testimonial
before
his
Retainer
,
forfeits
5
li.
LX.
Dalt
.
84.
If
the
Master
or
his
Wife
shall
beat
the
Servant
,
Peace
.
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.
License
.
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
Judgment
,
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
within
that
Statute
.
LXII
.
Winch.
26.
ibid.
Hobard
.
Ch.
J.
said
,
Infant
.
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
plainly
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
punished
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
within
21
H.
8.
7.
as
another
Servant
is
.
Hob.
said
,
that
he
doubted
much
whether
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
Process
.
I.
C.
Miles
unus
Justiciar'
Dom'
Regis
,
&c.
Ballivis
Hundred
'
de
B.
&
T.
H.
Constabular'
de
M.
in
Com'
predict'
salutem
.
Camb.
ss.
Quia
E.
I.
retentus
in
Servitio
I.
T.
de
M.
predict'
sibi
serviend'
secundum
form'
&
effect'
Statut'
de
servientibus
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'
faciatis
&
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'
&
recipiend'
ea
quae
ei
tunc
&
ibidem
in
hac
parte
objicientur
.
Sigillo
meo
sigillat'
Dat'
apud
,
&c
,
West
.
Preced
'
●
part
Sect.
578.
Process
.
LXIV
.
Dalt
.
359
,
360
,
Another
Warrant
for
a
Fugitive
Servant
.
To
the
Sheriff
of
,
&c.
Cambr.
ss.
WHereas
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
,
contrary
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
Majesties
Goal
,
&c.
Labourers
.
LXV
.
Crompt
.
238.
de
Servientibus
ubi
requisit'
fuerunt
ad
serviend'
recusantibus
,
Dalt
.
360.
cap.
121
,
Staff
.
ss.
Will'
Basset
Arnig
'
unus
Justic
'
&c.
R
,
L
,
Ballivo
de
S.
in
Com'
pred'
salutem
.
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
,
transgress'
&
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
Servientibus
nuper
edit'
&
provisi
,
&
habeatis
ibi
tunc
hoc
mandatum
.
Teste
,
&c.
See
5
Eliz.
4.
Departure
.
LXVI
.
Crompt
.
238.
Warrant'
ad
capiend'
Servum
qui
recessit
ante
finem
termini
.
Staff
.
ss.
R.
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.
recessit
,
in
dicti
Domini
Regis
nunc
contemptum
,
&
ipsius
R.
grave
damnum
,
&
contra
form'
Statut'
inde
nuper
edit'
&
provisi
,
&
habeatis
seu
unus
vestrum
habeat
ibi
tunc
hoc
preceptum
.
Teste
,
&c.
See
5
Eliz.
4.
Dalt
.
359.
m.
see
Dalt
.
331.
infra
74.
Imprisonm
.
LXVII
.
Crompt
.
238.
b.
Warrantia
ad
deliberandum
servientem
extra
Goalam
.
Staff
.
ss.
Humfr'
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
formam
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.
Departure
.
Praeceptum
versus
servientem
recessum
de
Villa
ubi
morabatur
in
hyeme
.
J.
C.
Armig
'
Ballivis
,
&c.
salutem
.
Staff
.
ss.
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'
&
provisi
.
Dat'
&c.
Dalt
.
82.
see
5
Eliz.
4.
§
.
23.
N.
1.
LXIX
.
Crompt
.
238
,
239.
Imprisonm
.
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.
Staff
.
ss.
in
Com'
predict
'
Labourer
,
venit
coram
me
&
invenit
sufficient'
securitatem
essendi
coram
Justiciar'
dicti
Domini
Regis
ad
pacem
in
Com'
predict'
conservand'
,
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
deliberari
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
,
Process
.
or
other
Idle
persons
.
Infra
79.
I
Have
sent
you
herewithall
the
Body
of
E.
C.
in
the
said
County
,
Suff.
ss.
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
Justices
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
deserve
,
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
,
Departure
.
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
,
Suff.
ss.
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
presence
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
.
Midd.
ss.
FOrasmuch
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
require
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.
Deeds
.
LXXIII
:
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
honestly
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.
Justices
.
LXXIV
.
Dalt
.
331.
cap.
117.
There
be
sundry
Precedents
of
Attachments
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.
contrary
to
the
Statutes
,
(
viz.
before
any
Indictment
)
to
be
before
the
Justices
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
.
Process
,
FOrasmuch
as
it
appeareth
unto
me
,
Kent
ss.
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
,
absented
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
accordingly
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
,
Fees
.
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
,
Kent
ss.
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
unto
the
said
C.
D.
the
Wages
aforesaid
,
or
do
otherwise
give
satisfaction
unto
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
hereof
,
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.
Trades
.
An
Indictment
for
using
the
Art
of
a
Mercer
,
against
5
Eliz.
4.
Infra
89.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
Essex
.
quod
A.
B.
de
C.
in
Com'
E.
Mercer
,
20
die
mensis
Maii
,
Anno
regni
dicti
Domini
nostri
,
&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
abusing
his
Apprentice
,
5
Eliz.
4.
Process
.
To
the
Constable
,
&c.
of
H.
&c
:
FOrasmuch
as
Complaint
hath
been
made
unto
me
by
A.
B.
an
Apprentice
,
against
C.
D.
his
Master
,
both
of
the
Parish
aforesaid
,
Kent
ss.
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.
Peace
.
LXXIX
.
Kilb.
Preced.
2
Edit.
26.
b.
27.
a.
A
Warrant
against
a
disorderly
Apprentice
,
supra
70.
To
the
Constable
,
&c.
Kent
ss.
FOrasmuch
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.
Justices
.
LXXX
.
Kilb.
Preced.
2
Edit.
27.
A
discharge
of
an
Apprentice
.
To
the
Constable
,
&c.
Kent
ss.
WE
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
Master
,
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
discharge
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.
Treason
.
LXXXI
.
West
.
Symb.
2.
part
118.
sect.
153.
An
Indictment
of
Petty
Treason
against
a
Servant
.
Midd.
ss.
Juratores
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
mansionali
predict
'
B.
D.
apud
C.
predict'
in
Com'
predict'
,
vi
&
armis
,
viz.
gladiis
,
&c.
ad
valentiam
,
&c.
quos
idem
A.
B.
tunc
ibidem
in
manibus
suis
tenuit
,
in
prenominatum
B.
D.
tunc
Magistrum
suum
tunc
&
ibidem
in
pace
Dei
&
dictae
Dominae
Reginae
existentem
,
voludtarie
&
ex
malitia
sua
precogitata
insultum
fecit
,
&
eundem
B.
D.
tunc
Magistrum
suum
adtunc
&
ibidem
cum
dicto
gladio
felonice
&
proditorie
super
caput
suum
fortiter
&
valide
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
precogitata
eundem
B.
D.
Magistrum
suum
predict'
modo
&
forma
predict'
voluntarie
nequiter
felonice
&
proditorie
interfecit
,
contra
pacem
dicti
Domini
Regis
nostri
nunc
coronam
&
dignitatem
suas
.
Et
quod
quidem
I.
S.
de
C.
predict'
in
dicto
Com'
M.
Grocer
,
ante
proditionem
predict'
per
prefat
'
A.
B.
sic
ut
prefertur
voluntarie
perpetratam
&
commissam
,
viz.
sexto
die
Septemb.
anno
supradict'
eundem
A.
B.
apud
C.
predict'
in
Com'
predict'
ad
proditionem
predict'
in
forma
predict'
perpetrand'
&
committend'
,
felonice
consuluit
,
excitavit
&
procuravit
,
contra
pacem
dicti
Domini
Regis
,
ac
contra
coronam
&
dignitatem
suas
.
LXXXII
.
Kilb.
Preced.
2
Edit.
311.
Process
.
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
,
Kent
ss.
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
until
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.
Amerciament
.
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
,
Kent
ss.
that
A.
B.
of
your
Town
of
A.
Yeoman
,
hath
put
C.
D.
his
Servant
(
lawfully
retained
with
him
)
out
of
his
Service
before
the
end
of
the
term
agreed
,
contrary
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
overplus
,
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.
Poor
.
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
lawfully
retained
in
the
Service
of
C.
D.
of
your
Town
of
E.
Yeoman
,
Kent
ss.
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.
Coron.
An
Indictment
against
a
Servant
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
,
Essex
ss.
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
libris
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
.
Indictment
.
LXXXVI
.
West
.
Symb.
2
part
130.
b.
sect.
207.
An
Indictment
upon
21
H.
8.
cap.
7.
&c.
5
Eliz.
cap.
10.
supra
32.
Midd.
ss.
Juratores
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
penam
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'
contra
fiduciam
&
confidentiam
eodem
I.
per
predict
'
C.
Magistrum
suum
reposit'
,
ac
contra
form'
Statuti
predicti
inter
caeteros
Articulos
quorum
,
&c.
Crompt
.
J.
P.
267.
pl.
105.
Trades
.
LXXXVII
.
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.
Norf.
ss.
Inquiratur
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'
content'
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'
,
&
contra
form'
Statut'
predict'
.
LXXXVIII
.
West
.
Symb.
2
part
140
b.
sect.
251.
Trades
.
An
Indictment
on
5
Eliz.
4.
§
.
31.
N.
for
using
Trade
not
being
Apprentice
.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
Essex
ss.
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
primum
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'
tanquam
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
captionis
hujus
Inquisitionis
,
scil.
per
quatuor
menses
apud
A.
in
Com'
E.
predict'
occupavit
&
exercuit
Artem
,
Mysterium
sive
occupationem
de
,
&c.
in
dicti
Domini
Regis
contempt'
,
&
contra
form'
Statut'
predict'
.
LXXXIX
.
West
.
Symb.
2
part
143.
sect.
269.
Departure
.
An
Indictment
for
procuring
a
Servant
to
depart
,
Prac.
Preced.
63.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
Essex
ss.
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
,
Seizure
.
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
according
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
recompence
,
&c.
Poult
.
de
Pace
,
234.
Process
.
II.
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
examination
of
witnesses
before
one
or
two
Justices
of
the
Peace
.
Dalt
.
cap.
66.
Records
.
III.
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.
Accessory
.
IV.
9
Co.
119.
in
Sur
Zanchars
Ca.
these
word
,
while
the
Appellee
is
attaint
,
in
3
Ed.
1.
W.
1.
cap.
14.
§
.
1.
N.
2.
(
viz.
that
appeal
shall
not
be
intermit
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
.
Chancery
.
I.
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
Process
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.
Replevin
.
I.
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
.
Ability
.
II.
3
Ed.
1.
W.
1.
cap.
15.
§
.
1.
N.
3.
It
is
provided
,
&c.
that
such
Prisoners
as
before
were
Outlawed
,
and
they
which
have
abjured
the
Realm
,
Provers
,
and
such
as
be
taken
with
the
Mannor
,
and
those
which
have
broken
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
Excommunicate
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
,
Sheriffs
.
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
,
Prisoners
not
Replevisable
,
or
offended
against
3
Ed.
1.
15.
&c.
IV.
18
Ed.
2.
pag.
84.
§
.
32.
N.
1.
Leet
.
The
Frankpledge
shall
enquire
of
persons
Imprisoned
,
and
let
go
without
Mainprise
.
V.
23
H.
6.
10.
§
.
1.
N.
6.
(
viz.
Sheriffs
,
Imprisonm
.
&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
,
Justices
.
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
Indicted
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.
Escape
.
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
,
Justices
.
City
and
Town
,
or
two
of
them
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
have
authority
and
power
to
let
any
such
Prisoners
,
or
persons
Mainprisable
by
the
Law
,
that
have
been
imprisoned
within
their
several
Counties
,
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
hereafter
shall
be
.
IX
.
3
H.
7.
3.
§
.
1.
N.
4.
And
that
the
said
Justices
of
the
Peace
,
Certificate
.
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.
Justices
.
§
.
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
,
Ability
.
&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
forbinden
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
,
Justices
.
&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
,
Certificate
.
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.
Examination
.
XIV
.
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
.
Certificate
.
XV.
1
&
2
Phil.
&
Mar.
13.
§
.
4.
N.
2.
Which
said
Examination
,
together
with
the
said
Bailment
,
the
said
Justices
shall
certifie
at
the
next
general
Goal-delivery
to
be
holden
within
the
limits
of
their
Commission
.
Landon
.
XVI
.
1
&
2
Phil.
&
Mar.
13.
§
.
6.
N.
1.
Provided
,
&c.
and
be
it
further
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
.
Justices
.
XVII
.
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
compleat
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
Indicted
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.
Imprisonm
.
XVIII
.
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.
Justices
.
XIX
.
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
retaining
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.
Coron.
XX.
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
.
Days
.
XXI
.
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.
Indictment
.
XXII
.
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
Rebellion
issuing
out
of
the
Chancery
or
Star-Chamber
,
Process
.
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.
Ability
.
Further
me
thinketh
that
I
may
set
down
this
as
a
Rule
,
even
at
the
Common
Law
,
concerning
Bailments
,
That
the
Justices
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
,
Justices
.
that
two
Justices
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
competent
Judges
of
all
those
matters
,
insomuch
as
they
may
hear
and
determine
them
.
XXVI
.
Lamb.
344.
This
I
will
say
for
all
,
that
it
becometh
Justices
of
the
Peace
to
be
very
circumspect
in
granting
Bail
,
Imprisonm
.
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
advise
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
,
Prerogative
.
the
Prisoner
cannot
be
enlarged
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.
Justices
.
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.
Amerciament
.
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.
Error
.
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.
Imprisonm
.
Though
the
Justice
of
Peace
commits
one
to
the
Goal
for
certain
causes
shewed
in
the
Mittimus
without
Bail
or
Mainprise
,
yet
he
may
be
bail'd
,
if
he
be
bailable
:
But
if
he
be
committed
without
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
.
Process
.
XXXII
.
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
.
Examination
.
XXXIII
.
Crompt
.
156
b.
157
a.
Nota
,
that
when
he
that
is
taken
for
Felony
,
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.
Forfeiture
.
XXXIV
.
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
Trespass
,
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.
Process
.
XXXV
.
Crompt
.
153.
§
.
13.
The
Justices
of
Peace
may
discharge
Mainpernors
on
their
prayer
,
and
commit
the
party
to
prison
.
Imprisonm
.
XXXVI
.
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
Recognizance
that
first
Bail'd
him
,
50
Ed.
3.
11.
&
5
Ed.
4.
31.
N.
B.
B.
117.
Dalt
.
306.
cap.
114.
Justices
.
XXXVII
.
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
Sureties
,
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.
Ability
.
XXXVIII
.
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
Felony
,
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
,
concerning
their
sufficiency
,
or
whether
they
be
Subsidy-men
?
Escape
.
XXXIX
.
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
Mainprise
any
person
who
,
for
any
Offence
by
him
committed
,
Fines
.
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
,
Process
.
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
generally
,
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
,
Judgment
.
after
he
hath
pleaded
not
Guilty
,
be
attaint
by
Verdict
that
he
killed
a
man
se
defendendo
,
or
by
misfortune
,
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
,
Accessary
.
Stamf.
71.
Coron
200.
XLIV
.
Dalt
.
311.
cap.
114.
Process
.
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
Sessions
,
&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.
Money
.
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
,
Riot
.
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
.
Measures
.
8
H.
6.
4.
§
.
1.
N.
11
Wearing
Liveries
for
maintenance
shall
have
a
whole
years
Imprisonment
,
without
being
let
to
Bail
or
Mainprise
.
Maintenaece
.
22
H.
8.
5.
§
.
4.
N.
8.
Ways
.
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
,
Poor
.
six
Justices
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
,
Justices
.
may
commit
without
Bail
or
Mainprise
,
till
sufficient
Surety
by
Recognizance
,
&c.
to
pay
Tythes
,
&c.
32
H.
8.
7.
§
.
4.
N.
1.
Two
Justices
,
Quorum
unus
,
Ordinary
.
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.
Auster
le
mere
.
Imprison
without
Bail
or
Mainprise
,
until
Fine
before
two
Justices
in
their
Sessions
.
2
&
3
Ed.
6.
2.
§
.
3.
N.
1.
War
.
Souldier
selling
or
putting
away
Horse
or
Harness
,
Imprisonment
without
Bail
or
Mainprise
,
until
satisfaction
to
the
Owner
.
Ale
.
5
&
6
Ed.
6.
25.
§
.
4.
N.
1.
Seller
of
Ale
without
License
,
commit
by
two
Justices
,
Quorum
unus
,
without
Bail
or
Mainprise
,
for
three
days
.
Market
Overt
.
Cap.
14.
§
.
4.
N.
1.
Forestaller
,
&c.
convict
,
for
the
first
Offence
Imprison
two
months
,
without
Bail
or
Mainprise
.
Riot
.
1
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
.
Coron.
1
&
2
Ph.
&
Mar.
5.
§
.
4.
N.
1.
Transporting
Corn
without
license
Imprison
a
whole
year
without
Bail
or
Mainprise
.
War
.
4
&
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
.
Religion
.
1
Mar.
1
St.
2.
cap.
2.
§
.
6.
N.
3.
Not
recanting
at
next
Sessions
disturbance
of
Preacher
,
&c.
commit
without
Bail
or
Mainprise
,
till
reconcile
.
Religion
.
1
Eliz.
2.
§
.
4.
N.
6.
Depraver
of
Common
Prayer
,
Imprison
for
six
months
without
Bail
or
Mainprise
.
Fees
.
5
Eliz.
4.
§
.
9.
N.
1.
Taking
Wages
contrary
to
Stat.
imprison
twenty
days
without
Bail
or
Mainprise
.
Fish
.
Cap.
5.
Eating
Flesh
on
Fish-days
,
forfeit
3
l.
or
close
imprisonment
three
months
without
Bail
or
Mainprise
.
Forgery
.
Cap.
14.
§
.
3.
N.
7.
Imprisonment
a
year
,
&c.
without
Bail
or
Mainprise
for
Forgery
.
Conjuration
.
Cap.
15.
§
.
2.
N.
3.
Convicted
for
false
Prophesies
,
imprison
a
year
without
Bail
or
Mainprise
.
Forrest
.
Cap.
21
§
.
2.
N.
6.
After
three
months
imprison
for
taking
Deer
,
Fish
,
or
Hawks
,
imprison
without
Bail
or
Mainprise
until
Sureties
of
Good
behaviour
7
years
,
and
never
to
offend
again
.
Cattle
.
8
Eliz.
3.
§
.
2.
N.
1.
Transporting
Sheep
,
imprison
one
year
without
Bail
or
Mainprise
.
Purveyance
.
13
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
without
Bail
or
Mainprise
.
Bastardy
.
18
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.
Schools
.
23
Eliz.
1.
§
.
7.
N.
2.
Schoolmaster
without
License
,
imprison
one
year
without
Bail
or
Mainprise
.
Religion
.
35
Eliz.
1.
§
.
1.
N.
4.
Present
or
joyning
in
Conventicle
,
&c.
convicted
,
commit
without
Bail
or
Mainprise
until
Conformity
.
Drapery
.
39
Eliz.
11.
§
.
2.
N.
3.
Refusing
to
be
bound
to
Sessions
to
discover
Logwood
,
to
be
commit
to
the
next
Goal
till
bound
with
Sureties
,
&c.
War
.
Cap.
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
.
Poor
.
43
Eliz.
2.
§
.
4.
N.
2.
For
want
of
distress
,
commit
by
two
Justices
without
Bail
or
Mainprise
,
until
payment
of
Tax
to
the
Poor
.
Fowl
.
1
Jac.
27.
§
.
2.
N.
4.
Unlawful
destroyer
of
Pheasant
,
Hares
,
&c.
Partridge
,
Pidgeon
,
&c.
committed
for
three
months
without
Bail
or
Mainprise
,
unless
offender
pay
20
s.
&c.
Poor
.
Cap.
31.
§
.
3.
N.
1.
On
default
of
Goods
,
to
be
commit
without
Bail
or
Mainprise
until
satisfaction
of
Tax
to
Poor
inflicted
.
Oath
.
3
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
,
Forest
.
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
,
Fowl
.
&c.
imprison
three
months
without
Bail
or
Mainprise
,
unless
he
pay
20
s.
&c.
21
Jac.
8
§
.
7.
N.
2.
Certiorari
.
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
.
Nosm
.
XLVI
.
Lamb.
3.
cap.
2.
pag.
348.
The
form
of
Bailment
.
Mainprise
.
Memorand'
quod
20
die
mensis
Julii
,
Anno
regni
Dom'
nostri
Jacobi
,
Kanc.
ss.
&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
primum
supradict'
.
Dalt
.
387
,
388.
cap.
127.
XLVII
.
Lamb.
348
,
349.
The
Liberate
.
Imprisonm
.
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
Mainprise
to
appear
before
the
Justices
of
the
Goal-delivery
,
Kent
ss.
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
objected
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.
Sheriff
.
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
.
Recognizance
Kanc'
ss.
Memorand'
quod
1
die
Maii
Anno
regni
,
&c.
A.
B.
de
&c.
personaliter
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
&
tenementis
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
,
Recogn
.
&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
sequent'
,
viz.
predict
'
A.
B.
20
l.
legalis
monetae
Angliae
,
&
uterque
predictorum
G.
&
I.
10
l.
consimilis
monetae
,
de
separalibus
bonis
&
catallis
,
terris
&
tenementis
suis
separaliter
fieri
&
levari
ad
opus
&
usum
dicti
Domini
Regis
,
haered'
&
sucessorum
suorum
,
si
defalt'
fieret
in
performatione
conditionis
indorsat'
.
(
Anno
Dom.
not
necessary
.
)
Appearance
.
L.
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
depart
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
.
Appearance
.
I.
LAmb.
390.
The
Bailiffs
of
Franchises
,
and
the
Constables
of
Hundreds
,
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.
Oath
.
II.
Lamb.
4.
cap.
4.
pag.
428.
Article
in
charge
at
Sessions
,
if
any
Bailiff
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.
Enquest
.
III.
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
.
Fees
.
IV.
37
Eliz.
4.
Of
Franchise
or
Liberties
,
&c.
nor
any
of
their
Officers
,
Servants
,
Bailiffs
nor
Deputies
to
do
no
Extortion
.
Arrest
.
V.
22
&
23
Car.
2.
cap.
20.
(
7.
)
§
.
9.
N.
2.
Under-Sheriffs
,
Bailiffs
,
Serjeant
at
Mace
,
or
other
Officers
,
shall
not
carry
persons
Arrest
to
the
Tavern
,
Alehouse
,
or
Victualling-house
,
&c.
to
put
them
to
charge
,
without
consent
,
&c.
Baker
&
Badger
,
-
see
Corn.
Bankrupts
.
Indictment
.
I.
21
Jac.
19.
§
.
7.
N.
1.
That
Bankrupt
on
examination
concealing
Goods
,
&c.
may
be
Indicted
at
Assizes
,
or
the
General
Sessions
to
be
holden
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.
Forfeit
.
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
,
Women
.
(
whose
Husband
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
convict
,
be
a
Feme
covert
co-habiting
with
her
Husband
,
Forfeiture
.
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
,
Peace
.
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.
Justification
.
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.
Appearance
.
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
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.
Forfeiture
17.
VII
.
The
Laws
,
&c.
26.
abr
.
23.
Pope
.
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.
Religion
.
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
Judgment
:
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
Husband
,
1
Roll.
93
,
94.
Fosters
Ca.
Savell
25.
c.
59.
IX
.
The
Laws
,
&c.
75.
abr
.
79.
N.
10.
Information
.
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
Supersedeas
alone
without
her
Husband
,
for
both
must
appear
,
or
both
be
Outlawed
,
Hob.
179.
Lovedens
Ca.
Nor
can
she
plead
or
joyn
Issue
without
her
Husband
,
2
Roll.
90.
&
2
Cr.
530.
Poor
.
X.
Lamb.
206.
§
.
3.
If
the
Husband
or
Wife
have
a
House
,
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.
XI
.
Pract.
Preced
.
82.
An
Indictment
for
taking
away
a
woman
with
her
Husbands
Goods
.
Kanc.
ss.
Juratores
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.
gladiis
,
&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
injuste
detinet
,
contra
pacem
dicti
Domini
Regis
nunc
,
coronam
&
dignitatem
suas
,
&c.
XII
.
Pract.
Preced.
114.
An
Indictment
for
marrying
two
Wives
,
1
Jac.
11.
Middlesex
ss.
Juratores
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
.
Arrest
.
I.
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
suspected
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.
Good
behav
.
II.
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
putative
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.
Imprisonment
III.
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
without
Bail
or
Mainprise
,
till
he
or
she
will
be
bound
,
&c.
18
Eliz.
3.
§
.
1.
N.
4
,
5.
Poor
.
IV.
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
keeping
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.
Sessions
.
have
mention
of
the
Quarter-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
grounded
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
allowance
of
all
the
other
three
also
.
VI.
Lamb.
604.
Apprentice
▪
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.
Women
.
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
,
Women
.
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.
Bail
.
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
,
Good
behav
.
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
reasonable
,
Lamb.
119.
supra
2.
Dalt
.
191
,
&
255.
XI
.
Dalt
.
191.
cap.
75.
Good
behav
.
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
suspected
to
have
begotten
a
Bastard-child
,
to
the
end
that
he
may
be
forth-coming
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
,
Poor
.
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
conveyed
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
,
Justices
.
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.
Poor
.
XV.
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.
Justices
.
XVI
.
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
.
Justices
.
XVII
.
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
.
Oath
.
XIII
.
Dalt
.
37.
ibid.
Also
it
seemeth
the
Mother
may
be
examined
upon
Oath
concerning
the
reputed
Father
,
and
of
the
time
and
other
circumstances
,
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.
Imprisonm
.
XIX
.
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.
)
Women
.
XX.
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.
Imprisonm
.
XXI
.
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
Masters
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.
Justices
.
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.
Poor
.
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.
Imprisonm
.
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
relief
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
,
Infant
.
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.
Infant
.
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.
Sessions
.
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
discharged
,
and
the
former
Order
repeal
.
After
at
another
Quarter-Sessions
the
first
Order
was
confirm
,
and
he
commit
for
non-performance
:
and
per
Curiam
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
authority
,
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
,
Poor
.
that
it
hath
been
resolved
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
.
Justices
.
XXIX
.
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
Sessions
,
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.
Sessions
.
XXX
.
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
concerning
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.
Errour
.
XXXI
.
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
.
Poor
.
XXXII
.
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
Bastard-child
.
Women
.
XXXIII
.
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
examinable
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.
Process
.
XXXIV
.
Dalt
.
355
,
356.
cap.
121.
A
Warrant
for
the
reputed
Father
of
a
Bastard-child
.
Cumb.
ss.
WHereas
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
appearance
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
answer
the
contrary
at
your
perils
.
Dated
,
&c.
Dalt
.
37.
in
§
.
supra
.
XXXV
.
Dalt
.
356.
ibid.
Where
a
Maid-servant
is
gotten
with
child
,
Poor
.
and
from
thence
sent
to
her
place
of
birth
.
FOrasmuch
as
J.
M.
Essex
ss.
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
&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
convey
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
,
Imprisonm
.
of
the
reputed
Father
of
a
Bastard-child
,
&c.
I
Send
you
herewithal
the
body
of
R.
C.
of
C.
Labourer
,
Cambr.
ss.
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.
Poor
.
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
,
Cambr.
ss.
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
notwithstanding
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
County
;
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
;
Justices
.
But
such
their
threatening
must
be
proved
by
two
sufficient
Witnesses
upon
Oath
before
the
said
Justices
of
Peace
.
XXXIX
.
Dalt
.
385.
cap.
125.
Women
.
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.
Cambr.
ss.
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
receive
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.
Imprisonm
.
XL.
A
Mittimus
to
the
House
of
Correction
of
the
Mother
of
a
Bastard-child
,
after
Examination
taken
.
Suff.
ss.
WE
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.
Recogn
.
XLI
.
A
Condition
for
a
reputed
Father
of
a
Bastard-child
.
THe
Condition
,
&c.
That
if
the
above-bound
O.
M.
shall
and
do
personally
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.
Poor
.
XLII
.
An
Order
for
a
reputed
Father
of
a
Bastard-child
to
discharge
the
Town
.
Suff.
ss.
WHereas
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
woman
there
dwelling
at
P.
aforesaid
,
and
the
matter
being
heard
and
examined
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
therefore
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.
Poor
.
XLIII
.
An
Order
for
the
reputed
Father
of
a
Bastard-child
to
discharge
the
Town
.
Suff.
ss.
WHereas
S.
W.
of
G.
in
the
County
aforesaid
,
Widow
,
was
lately
delivered
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
circumstances
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
reputed
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
keeping
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
education
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
punished
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.
Women
.
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.
Sessions
.
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.
Justices
.
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
conference
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
.
Women
.
XLVII
.
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.
Poor
.
XLVIII
.
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.
Indictment
.
XLIX
.
West
.
Symb.
2
part
153.
sect.
323
,
An
Indictment
for
keeping
a
Bawdy-house
,
Pract.
Preccd.
186.
Midd.
ss.
Juratores
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.
Kent
ss.
THe
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
consideration
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
better
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
stripped
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
before
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
towards
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
nourished
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
,
Justices
.
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
whatsoever
,
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
.
Cattel
.
Calves
,
Sheep
,
Oxen
,
Cows
,
Butchers
,
Badgers
,
Drovers
,
Kidders
,
Horses
,
Replevin
.
Common
.
I.
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
authority
to
enquire
of
,
hear
and
determine
,
as
well
by
Examination
as
otherwise
,
the
offences
of
putting
Horses
under
measure
into
great
Commons
,
&c.
Lamb.
600.
Common
.
II.
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
,
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
hand
high
,
&c.
and
if
any
such
Forest
or
Grounds
have
not
been
yearly
driven
within
fifteen
days
after
Michaelmas
,
by
the
Owners
or
Officers
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.
Indictment
.
III.
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
.
Justices
.
IV.
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.
Forfeiture
.
V.
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.
License
▪
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
,
Husbandry
.
if
any
feeding
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.
Sessions
.
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.
Information
.
Justices
of
Peace
may
hear
and
determine
by
Presentment
,
Bill
,
Information
or
Plaint
,
the
offences
of
such
as
kill
Weanlings
under
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.
Indictment
.
may
hear
and
determine
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
,
Information
.
Present
,
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.
Days
.
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
,
Husbandry
.
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.
Market
overt
.
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
,
Sessions
.
&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
,
Justices
.
&c.
22
H.
8.
7.
XVII
.
2
&
3
Phil.
&
Mar.
7.
§
.
7.
N.
1.
Market
overt
.
The
Justices
of
Peace
of
every
and
County
,
as
well
within
Liberties
as
without
,
shall
have
Authority
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
.
Indictment
.
I.
LAmb.
4.
cap.
7.
pag.
505.
It
falleth
out
not
seldom
that
when
Justices
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
.
Courts
.
II.
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
removed
;
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
.
Record
.
III.
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
Attachment
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.
Supersedeas
.
IV.
Lamb.
507.
And
albeit
the
Certiorari
be
a
Supersedeas
of
it self
,
yet
may
the
party
upon
the
Certiorari
purchased
,
have
a
Supersedeas
also
directed
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
.
Justices
.
V.
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
Rotulorum
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
remove
an
Indictment
,
and
the
party
sueth
not
to
have
it
removed
,
Process
.
but
suffereth
it
to
lye
still
,
then
the
Justices
of
Peace
may
proceed
notwithstanding
the
Writ
,
as
Hobard
Attorney-General
said
,
6
H.
7.
16.
for
otherwise
the
tryal
of
a
Felon
(
if
the
Indictment
were
of
Felony
)
might
be
delayed
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
commandment
to
them
so
to
do
,
Dalt
.
408.
cap.
134.
Crompt
.
133.
VII
.
Lamb.
508.
Indictment
.
And
if
a
Certiorari
come
to
the
Justices
of
Peace
to
remove
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
,
Justices
.
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
Felony
,
or
of
a
Riot
,
as
taken
coram
Justiciariis
ad
pacem
,
Indictment
.
it
was
not
thought
enough
without
saying
further
,
necnon
ad
diversas
felonias
,
&c.
and
otherwise
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
,
Record
.
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.
Variance
.
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
joyntly
,
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.
Variance
.
Again
if
the
Indictment
be
of
the
stealing
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
certain
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.
Nosm
.
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
backside
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.
Justices
.
The
Keepers
of
the
Peace
shall
send
their
Indictments
before
the
Justices
Assign
,
&c.
Courts
.
XV.
6
H.
8.
6.
§
.
1.
N.
3.
And
Justices
of
B.
R.
may
command
all
Justices
of
Goal-delivery
,
Justices
of
Peace
,
and
all
other
Justices
and
Commissioners
,
and
every
of
them
,
to
proceed
and
determine
upon
all
the
aforesaid
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.
Utlary
.
XVI
.
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
conviction
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
Indictment
,
&c.
to
the
Ordinary
,
&c.
4
Inst.
182.
Lamb.
580.
Nosm
.
XVII
.
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.
Utlary
.
XVIII
.
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.
Imprisonm
.
XIX
.
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.
Sessions
.
XX.
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
.
Bail
.
XXI
.
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
Sureties
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
.
Process
.
XXII
.
21
Jac.
8.
§
.
7.
N.
3.
And
that
in
default
thereof
,
it
shall
be
lawful
for
the
said
Justices
to
proceed
,
any
such
Writs
of
Certiorari
to
remove
the
same
Indictments
notwithstanding
.
Ways
.
XXIII
.
13
&
14
Car.
2.
6.
§
.
16.
N.
1.
No
Certiorari
shall
be
allowed
to
remove
any
Information
,
Indictment
,
Presentment
,
Order
,
or
other
proceedings
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
,
Presentment
,
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
Certiorari
to
remove
the
same
Indictments
notwithstanding
.
XXIV
.
Crompt
.
131
b.
132
a.
Money
.
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
enquire
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.
Peace
.
that
such
a
man
hath
broken
the
Peace
in
his
presence
,
and
upon
this
Certificate
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
,
Records
.
and
is
discharg'd
of
his
Office
,
he
cannot
cerrifie
this
without
a
Writ
of
Certiorari
,
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.
Retorn
.
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
it
s
coram
Justiciariis
nostris
de
Banco
.
XXVIII
.
Crompt
.
132
b.
Riot
.
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
,
Recognizance
.
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
Recognizance
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.
Indictment
.
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.
Certiorari
,
Br.
8.
XXXI
.
Crompt
.
132
b.
A
Certiorari
of
an
Indictment
came
to
the
Justices
,
Execution
.
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
Execution
upon
the
Record
,
notwithstanding
the
second
Certiorari
,
&c.
because
otherwise
the
party
may
be
always
delayed
;
and
so
its
voucht
to
be
adjudg'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.
Variance
.
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
Indictment
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
.
Courts
.
XXXIII
.
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.
Records
.
XXXIV
.
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.
Justices
.
XXXV
.
Crompt
.
133
b.
A
Justice
of
Peace
may
deliver
in
B.
R.
an
Indictment
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.
Record
.
XXXVI
.
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.
Rot.
i
XXXVII
.
Crompt
.
133
A
Certiorari
to
remove
into
the
Chancery
an
Indictment
of
a
Riot
,
taken
before
Justices
of
Peace
in
the
Country
,
is
thus
:
Staff
.
ss.
Jacobus
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
cuilibet
,
salutem
.
Volentes
certis
de
causis
Certiorari
super
omnibus
&
singulis
Indictament'
fact'
&
habitis
coram
vobis
seu
aliquibus
vestrum
de
quibusvis
Riotis
,
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.
Indictamentis
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.
Retorn
.
XXXVIII
.
Dalt
.
407.
cap.
134.
The
retorn
of
a
Certiorari
sent
to
remove
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
annexa
.
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
Brevi
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
Schedule
,
and
seal
them
up
both
together
with
the
Certiorari
.
Riot
.
XXXIX
.
Dalt
.
410.
cap.
134.
Note
also
,
that
upon
a
Certiorari
to
remove
an
Indictment
of
a
Riot
,
or
Forcible
Entry
,
&c.
the
Retorn
must
have
these
words
,
necnon
ad
diversas
felonias
,
&c.
for
if
the
Retorn
mentions
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.
Recogn
.
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
nostro
de
corpore
suo
,
nec
faceret
nec
fieri
procuraret
quovismodo
:
Vobis
mandamus
quod
tenorem
securitatis
(
sive
boni
gestus
)
predict'
nobis
in
Cancellaria
nostra
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.
Peace
.
The
form
of
a
Certificate
of
a
Recognizance
of
the
Peace
on
the
said
Writ
of
Certiorari
,
is
in
this
manner
:
Virtute
istius
Brevis
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
Certificate
.
See
Rast.
Entr.
416.
Dalt
.
185
,
186.
cap.
73.
Crompt
.
125
b.
Lamb.
108.
XLII
.
Dalt
.
410.
cap.
134.
Also
note
,
Recogn
.
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.
Officer
.
certifie
in
B.
R.
a
true
transcript
of
every
Attainder
,
Outlawry
and
Conviction
,
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.
Accessory
,
And
if
a
Principal
be
attainted
of
Murder
or
Felony
in
one
County
,
whereunto
another
is
Accessory
in
any
other
County
,
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.
Indictment
.
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
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
commanded
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
,
Recogn
.
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
otherwise
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.
Pope
.
XLVII
.
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.
Purveyors
.
XLVIII
.
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
.
Records
.
XLIX
.
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
.
Supersedeas
.
L.
Lamb.
583.
Touching
the
Certiorari
it
is
of
force
,
if
it
be
made
accordingly
,
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
.
Courts
.
LI.
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
Conspiracy
brought
before
them
it
was
material
to
have
it
.
Indictment
.
LII
.
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
Warrant
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
.
Ale
.
LIII
.
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.
Ways
.
LIV.
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
default
,
2
&
3
Phil.
&
Mar.
8.
§
.
N.
5
Eliz.
13.
§
.
N.
Crompt
.
125
b.
Pope
.
LV.
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.
within
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.
Sheriffs
.
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.
Ways
.
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.
Peace
.
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.
Justices
.
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
Mainpernable
,
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
,
Fines
.
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
,
Recogn
.
that
the
Recognizance
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
,
Peace
.
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.
Recogn
.
§
.
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.
Riot
.
§
.
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
.
Variance
.
LXIV
.
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
it
s
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
.
Religion
.
I.
LAmb.
412
,
413.
Article
in
charge
at
Sessions
,
If
any
person
being
above
the
Age
of
sixteen
years
,
(
and
not
having
lawful
and
reasonable
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.
Affray
.
II.
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.
Market
.
III.
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.
Coron.
IV.
Lamb.
415.
Article
of
charge
in
Sessions
,
if
any
person
have
feloniously
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
.
Fish
.
VI.
3
Jac.
12.
§
.
2.
N.
3.
The
Constables
and
Church-wardens
,
(
where
offence
of
destroying
Spawn
or
Fry
of
Fish
is
committed
)
may
levy
forfeiture
by
distress
and
sale
of
offenders
Goods
,
Dalt
.
55.
cap.
21.
Poor
.
VII
.
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.
Ways
.
VIII
.
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.
Fish
.
IX
.
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
,
Poor
.
three
or
two
of
every
Parish
,
&c.
to
be
Overseers
of
the
Poor
,
&c.
XI
.
Lamb.
69
,
70.
ibid.
Fowl
.
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.
Indictment
.
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
quarto
,
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
pacem
dictoe
Dominoe
Reginoe
nunc
,
coronam
&
dignitatem
suam
.
XIII
.
West
.
Symb.
2
part
128.
b.
sect.
197.
Coron.
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.
Indictment
.
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
Ecclesia
,
&
tunc
ibidem
invent'
felonice
cepit
&
asportavit
,
contra
pacem
dicti
Domini
Regis
nunc
,
coronam
&
dignitatem
suam
.
XV.
West
.
Symb.
2
part
101.
sect.
93.
An
Indictment
for
drawing
a
Dagger
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
hujusmodi
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
Regni
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
,
Intentione
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
coram
Justiciar'
Assizar'
Justiciar'
audiend'
&
terminand'
sive
Justiciar'
Pacis
in
Sessionibus
suis
virtute
illius
actus
adjudicaret'
per
eosdem
Justiciar'
coram
quibus
talis
persona
sic
convinceretur
ad
Habend'
unam
Anrium
suarum
abscissam
,
&
si
illa
persona
sive
personoe
sic
offendent'
non
haberet
sive
non
haberent
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
habent
Hanc
literam
F.
per
quam
ipse
vel
ipsi
cognosci
&
haberi
possint
pugnar'
affectores
&
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'
Insultum
fecit
&
ipsum
T.
super
Caput
suum
ad
tunc
&
ibidem
malitiosè
percussit
,
&
alia
Enormia
ei
intulit
ad
grave
Damnum
ipsius
T.
&
contrà
Pacem
dicti
Domini
Regis
nunc
&c.
ac
Contra
form'
Statut'
predict
'
&c.
Cinque-Ports
.
Peace
.
I.
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
.
Forgery
.
I.
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
money
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.
Good
behav
.
II.
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
disorderly
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
,
Days
.
or
within
15
days
next
.
II.
Lamb.
475
,
476.
Enquiry
in
Sessions
,
Forest
.
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.
Indictment
.
An
Indictment
for
Inclosing
of
a
Common
,
&c.
Crompt
.
260.
pl.
92.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
Essex
ss.
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'
,
quodque
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
&
consueverunt
,
quousque
R.
C.
cum
aliis
ignotis
de
Communia
sua
ei
associatis
,
vi
&
armis
,
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
,
Slander
.
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
,
Coron.
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
,
Sorcery
,
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
Sorcery
,
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
provoke
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
.
Clergy
.
III.
Lamb.
556.
Conjurers
or
Witches
,
their
aiders
or
counsellors
,
shall
neither
have
Sanctuary
nor
Clergy
,
1
Jac.
12.
§
.
4.
N.
2.
Proof
.
IV.
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
certain
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.
Bernards
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
discover
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
bewitched
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
revenged
,
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
suspected
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
observations
,
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
,
Powders
,
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.
Proof
.
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.
Indictment
.
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.
Indictment
.
VII
.
Lamb.
Preced.
4.
pl.
9.
An
Indictment
for
killing
a
man
by
Witchcraft
,
West
.
Preced.
2
part
134.
sect.
222.
Kanc'
ss.
Juratores
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
Artes
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
predictas
apud
C.
predict'
in
Comitatu
predict'
obiit
,
&
sic
Juratores
predicti
presentant
,
quod
eadem
Sarah
ipsum
Johannem
N.
apud
C.
predict'
modo
&
forma
supradictis
,
ex
malitia
precogitata
voluntarie
diabolice
nequiter
&
felonice
per
Artes
predictas
occidit
ac
interfecit
,
contra
pacem
dicti
Domini
Regis
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
.
Indictment
.
VIII
.
Lamb.
Preced.
4.
pl.
10.
A
Presentment
for
bewitching
a
Horse
,
West
.
Preced.
2
part
134
b.
sect.
223.
Kanc'
ss.
Inquiratur
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
nequissimas
,
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
impejoratus
est
&
vastatus
,
contra
pacem
dicti
Domini
Regis
,
ac
contra
form'
Statuti
in
hujusmodi
casu
provisi
ac
editi
.
Indictment
.
IX
.
West
.
Symb.
2
part
134
b.
sect.
222.
An
Indictment
of
killing
a
man
by
Witchcraft
,
on
5
Eliz.
cap.
16.
Essex
ss.
Inquiratur
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
quendam
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
supradict'
&
ex
malitia
sua
precogitat'
interfecit
,
contra
pacem
dicti
Domini
Regis
,
&
contra
form'
Statuti
,
&c.
Conspiracy
.
Confederacy
.
Justices
.
I.
LAmb.
1.
cap.
12.
pag.
61.
And
if
the
Justices
of
the
Peace
may
by
vertue
of
their
Commission
,
deal
with
such
Conspirators
as
do
confederate
together
,
to
cause
any
person
unjustly
to
be
Indicted
of
Felony
,
whereof
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
,
Indictment
.
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
,
Treason
.
of
Conspiracy
to
enlarge
Prisoners
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
,
Justices
.
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
,
Market
.
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
,
against
2
&
3
Ed.
6.
15.
§
.
1.
N.
2.
Crompt
.
83.
Infra
8.
VI.
Lamb.
454.
Enquiry
at
Sessions
,
if
any
Artificer
,
Trades
.
Workman
or
Labourers
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
,
Trades
.
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
,
Victual
.
Artificers
,
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
convicted
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.
Coron.
An
Indictment
for
Conspiracy
to
Indict
one
for
stealing
a
Horse
,
Pract.
Preced.
83.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
Essex
ss.
quod
I.
P.
nuper
de
I.
in
Com'
E.
predict'
,
&
R.
B.
nuper
de
C.
in
predicto
Com'
E.
Generosos
,
una
cum
aliis
quamplurimis
personis
adhuc
ignotis
,
contra
legem
Domini
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
adnulland'
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
omnibus
&
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
placitum
movent
stare
&
perseverare
deberent
&
deberet
,
&
si
aliquis
eorum
aliquam
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
eorum
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
personarum
eis
falso
&
malitiose
congregat'
&
uniti
prosecuti
fuerunt
&
manutenuerunt
,
&
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.
Indictment
.
X.
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.
Lincoln
ss.
Juratores
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
,
conspiraverunt
,
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
posterum
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
.
Officer
.
I.
LAmb.
1.
cap.
3.
pag.
14.
These
Constables
were
ordained
(
as
it
appeareth
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
Prison
until
he
should
find
such
Surety
,
Br.
23.
Dalt
.
4.
cap.
1.
Peace
.
II.
Crompt
.
6
b.
§
.
5.
Item
the
Constables
of
Hundreds
,
Vills
,
Wapentakes
,
Laths
and
Tythings
,
were
and
are
Conservators
of
the
Peace
by
the
Common
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.
Commission
.
III.
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
Authority
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.
Pety-Sessions
.
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.
Peace
.
Every
Pety-Constable
within
the
limits
of
their
several
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.
Bail
.
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.
Process
.
And
if
a
Justice
of
Peace
make
any
Warrant
,
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
Constable
,
19
,
20.
VIII
.
Lamb.
2.
cap.
2.
pag.
118
,
119.
Imprisonm
.
Besides
this
,
you
may
see
admitted
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.
Affray
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
,
Process
.
command
assistance
of
the
Kings
people
for
the
pacifying
of
an
Affray
,
Dalt
.
33.
cap.
8.
Kitch.
48
a.
b.
XI
.
Lamb.
134.
ibid.
Fresh
Suit
.
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.
Escape
.
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.
Officer
.
of
Constable
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
Constables
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.
Officer
.
XIV
.
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.
Arrest
.
XV.
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
.
Force
.
XVI
.
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
Proclamation
made
21
Eliz.
they
are
specially
commanded
,
12
Rich.
2.
6.
Crompt
.
223
b.
Arrest
.
XVII
.
Lamb.
Duty
of
Constable
,
14.
If
any
man
do
threaten
to
kill
another
,
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.
Peace
.
XVIII
.
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
purpose
both
use
his
own
weapon
,
and
may
also
call
others
to
assist
him
,
3
H.
7.
10.
&
21
H.
7.
21.
Process
.
XIX
.
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.
Seisure
.
XX.
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.
Imprisonment
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
,
Imprisonment
that
in
the
cases
before
,
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.
Process
.
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
forthwith
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.
Process
.
If
a
Warrant
be
directed
to
a
Constable
,
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
cannot
otherwise
take
him
,
or
if
so
be
that
he
resist
,
or
fly
when
he
is
taken
,
22
Ass.
59.
Coron
261
,
288
,
328.
Justices
.
XXV
.
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.
concerning
Reteiners
,
Liveries
,
Maintenance
,
Imbracery
,
Bow-staves
,
Archery
,
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
.
Physitians
.
XXVI
.
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.
Purveyance
.
XXVII
.
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.
War
.
XXVIII
.
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.
Petty-sessions
.
XXIX
.
Lamb.
29.
§
.
24.
It
seemeth
to
me
that
the
words
High-Constable
,
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.
Officer
.
XXX
.
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
Parliament
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.
Indictment
.
XXXI
.
Lamb.
ibid.
30.
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
King's
Highways
not
enlarged
,
fenced
,
&c.
and
of
lodging
strangers
,
13
Ed.
1.
cap.
4
,
&
5.
of
Winchester
.
Petty-sessions
.
XXXII
.
Lamb.
Duty
of
Constable
,
30.
§
.
27.
And
every
Constable
of
Hundred
,
&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.
Forfeitures
.
XXXIII
.
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.
Poor
.
XXXIV
.
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
,
Pope
.
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
,
Hostler
.
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
,
Husbandry
.
&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.
Tax
.
After
the
two
Justices
of
Peace
have
ratably
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
,
Coron.
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
,
Poor
.
the
same
sturdy
Rogue
shall
have
a
Testimonial
,
subscribed
with
the
Hand
and
Seal
of
the
same
Justice
,
Constable
,
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
,
Poor
.
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
Constable
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
Constable
,
43.
XLII
.
Lamb.
Duty
of
Constable
50
,
51.
Ways
.
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
Inhabitants
of
every
Town
or
Parish
.
XLIII
.
Lamb.
ibid.
51.
§
.
47.
The
Constable
,
or
other
inferiour
Officer
,
Trespass
.
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
,
Poor
.
Headborough
,
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
infection
;
and
may
appoint
Searchers
,
Watch
,
&c.
XLV
.
Crompt
.
222
,
223.
Deputy
.
A
Constable
may
make
a
Deputy
to
execute
his
Office
in
his
absence
;
for
he
may
be
sick
,
when
,
&c.
XLVI
.
Crompt
.
223
b.
Hertion
.
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.
Peace
.
That
Guardians
of
the
Peace
at
the
Common-Law
may
enquire
of
Congregations
and
unlawful
Assemblies
,
and
also
of
Disseisin
with
Force
,
but
not
of
Entry
with
Force
.
Fowl
.
XLVIII
.
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.
Sessions
.
XLIX
.
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
controversie
be
amerced
,
if
they
make
default
.
Election
.
L.
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
seemeth
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.
Wales
.
LI.
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.
Election
.
LII
.
Dalt
.
46.
ibid.
And
yet
the
usual
manner
is
,
that
these
High-Constables
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
.
Justices
.
LIII
.
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.
Sheriffs
.
LIV.
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
Counties
committed
to
them
,
that
afterwards
by
reason
of
the
multitude
of
people
,
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
Borough-head
;
and
this
was
long
before
the
times
that
Mr.
Lambert
(
Constables
,
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.
Sheriff
.
But
in
ancient
time
both
the
High-Constables
of
Hundreds
,
as
also
the
Pety-Constables
of
every
Town
,
were
yearly
appointed
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
,
Ale
.
&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
,
Ale
.
Headboroughs
,
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.
Affray
.
That
a
man
cannot
Arrest
him
that
made
an
Affray
,
after
the
Affray
is
passed
,
without
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
removing
of
a
Pety-Constable
,
and
for
the
swearing
of
another
.
Supersedeas
.
Carolus
Secund'
Dei
gratia
,
&c.
Vicecom
'
Midd.
necnon
Capitali
Constabulario
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
&
singula
eidem
Officio
incumbentia
bene
&
fideliter
exercenda
&
exequenda
,
prout
ipsi
nobis
inde
respondere
voluerint
jurare
faciatis
;
dictisque
W.
P.
&
R.
S.
similiter
injungentes
,
quod
ipsi
de
dicto
Officio
ulterius
exercendo
&
exequendo
nullatenus
se
intromittant
,
quousque
aliud
de
nobis
habuerint
mandatum
,
&
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
,
Oath
.
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.
Leet
.
This
Authority
of
removing
Pety-Constables
,
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
accordingly
,
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
chosen
,
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
,
it
s
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.
Justices
.
LXIII
.
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
insufficiency
,
or
any
misdemeanour
or
other
cause
,
every
Justice
of
Peace
ex
officio
,
as
it
seemeth
,
may
remove
the
old
Constables
,
and
may
chuse
and
swear
new
:
which
also
we
see
to
be
warranted
by
common
experience
.
Oath
.
LXIV
.
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
,
Affray
,
or
other
breach
of
His
Majesties
Peace
.
4.
You
shall
do
your
best
endeavour
,
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
pursue
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
armed
,
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
Statutes
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
presentment
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
,
according
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.
Peace
.
LXV
.
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.
Constables
,
9.
supra
§.
14.
Officer
.
LXVI
.
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
.
Poor
.
LXVII
.
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.
Apprentice
.
LXVIII
.
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.
Games
.
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
,
Sewers
.
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.
Poor
.
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
,
Bail
.
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.
Recogniz
.
)
to
keep
the
Peace
,
but
an
Obligation
,
Surety
,
Br.
26.
LXXIV
.
Kitch.
48
b.
Stocks
are
ordained
properly
to
punish
Vagrants
,
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.
Imprisonm
.
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
,
Coron.
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.
Peace
.
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
,
Pety-Sessions
.
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
,
Peace
.
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
,
Officer
.
as
the
Borsholders
in
Kent
,
the
Third-borough
in
Warwickshire
,
and
the
Tythingman
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
,
Officer
.
Third-boroughs
,
Tythingmen
,
Headboroughs
,
and
such
other
,
being
in
a
Town
or
Parish
wherein
a
Constable
is
,
those
other
cannot
meddle
,
because
Constables
be
in
comparison
of
them
head
Officers
;
and
that
the
Tythingmen
,
&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
attend
the
Service
.
And
that
there
are
many
other
things
which
the
Constables
may
do
,
and
wherewith
the
Borsholders
and
the
rest
cannot
meddle
at
all
.
7.
And
yet
in
Towns
where
there
be
no
Constables
,
and
that
the
Borsholders
,
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
Husbandmen
,
and
so
most
part
of
the
day
in
the
Fields
;
it
would
prove
very
serviceable
,
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
.
Peace
.
9.
If
any
man
shall
make
an
Affray
or
Assault
upon
another
in
the
presence
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
Borsholder
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
Constable
,
he
may
Imprison
the
party
until
he
shall
do
it
.
Imprisonm
.
LXXVIII
.
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
Plaintiff
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
demurred
.
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
.
Peace
.
3.
In
the
argument
of
this
Case
,
Anderson
held
Constables
to
be
Conservators
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
.
Bail
.
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
.
Certificate
.
5.
And
if
he
should
take
an
Obligation
;
how
the
same
shall
be
certified
,
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
,
according
to
10
Ed.
4.
18.
Surety
,
Br.
26.
And
if
the
Affray
be
in
their
presence
,
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
ordained
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
,
Oath
.
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.
Arrest
.
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
broken
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.
Imprisonment
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
,
Obligation
.
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
broken
;
quod
Nota.
See
also
Finch
Nommot
.
127.
(
136.
cap.
22.
LXXIX
.
Pract.
Preced.
133.
Process
.
An
Indictment
against
a
Constable
for
neglecting
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
Warrantum
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
executione
Officii
sui
circa
premissa
tepide
,
remisse
&
negligenter
se
habuit
,
&
execution'
Warranti
predict'
per
tempus
supradict'
totaliter
neglexit
&
contemptuose
recusavit
,
contra
Officii
sui
debitum
in
hac
parte
,
in
manifestum
contempt'
dicti
Domini
Regis
nunc
Legumque
suarum
,
ad
magnam
justitiae
retardationem
,
in
malum
&
perniciosum
exemplum
omnium
aliorum
in
hujusmodi
casu
delinquent'
,
&
contra
pacem
dicti
Domini
Regis
nunc
,
coronam
&
dignitatem
suas
.
LXXX
.
Shepherds
Clerks
Cabinet
,
81.
cap.
16.
A
Warrant
for
the
making
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
execute
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
.
Indictment
.
LXXXI
.
Pract.
Preced.
108.
An
Indictment
for
not
watching
with
a
Constable
.
Midd.
ss.
Juratores
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
aliqua
parte
ejusd'
noctis
non
vigilavit
cum
predict'
Constabular'
apud
paroch'
predict'
in
Com'
predict'
,
sed
debitum
suum
in
hac
parte
facere
ad
tunc
&
ibidem
totaliter
neglexit
,
&
voluntarie
,
obstinate
&
contemptuose
ad
tunc
&
ibidem
defalt'
fecit
,
in
contempt'
dicti
Domini
Regis
nunc
,
Legumque
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
.
Ouster
Ie
mer.
I.
LAmb.
4.
cap.
4.
pag.
449.
If
any
have
against
Proclamation
transported
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.
License
.
II.
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.
Market
.
III.
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.
Merchants
.
IV.
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
.
Al●
.
V.
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
prohibit
it
.
VII
.
21
Jac.
21.
§
.
2.
N.
2.
Hostlers
or
Inholders
shall
sell
Horse-Bread
,
Hostler
.
Hay
,
Oats
,
Beans
,
Pease
,
&c.
for
reasonable
prices
,
Lamb.
465.
VIII
.
Dalt
.
147.
cap.
65.
Amerciament
For
the
punishment
of
the
Baker
for
their
unlawful
Breads
,
Quaere
whether
they
shall
only
be
Amerced
,
&c.
after
Indictment
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
,
Corporation
.
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
,
Hostler
.
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
,
Seisure
.
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.
Imprisonment
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.
Justices
.
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
commit
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
restraint
,
39
Eliz.
16.
§
.
1.
N.
1.
XIV
.
Lamb.
444
,
445.
Enquiry
in
Sessions
,
Husbandry
.
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
,
Ale
.
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.
Collusion
.
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
,
Market
overt
.
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.
Justices
.
XVIII
.
Lamb.
602.
The
Justices
of
the
Peace
,
or
the
more
part
of
them
,
may
by
their
discretions
in
their
open
Quarter-Sessions
restrain
the
converting
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
existent'
,
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
convenerunt
,
conspiraverunt
,
ac
mutuo
inter
se
promiserunt
,
quod
panem
denarii
de
integro
frumento
(
per
eos
seu
eorum
aliquem
tunc
deinceps
faciend'
ac
vendend'
)
non
amplius
quam
2
libr.
&
6
uncias
Troici
ponderis
habebit
&
ponderabit
,
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
provisi
&
edit
.
XXI
.
West
.
Symb.
2
part
145
b.
sect.
281.
An
Indictment
of
breaking
a
Barn
,
and
taking
Corn
,
Pract.
Preced.
64.
Essex
ss.
Juratores
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.
Essex
ss.
Juratores
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
invent'
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
,
commanding
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
forasmuch
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.
Process
.
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
Examination
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
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.
Proof
.
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
hateful
Homicides
.
III.
Lamb.
230.
ibid.
In
all
these
sorts
of
voluntary
Man-slaughter
,
Ability
.
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
,
Women
.
whereby
the
Child
either
dieth
within
her
Body
,
or
shortly
after
that
she
is
delivered
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
,
Imprisonm
.
Man-slaughter
,
Chance-medley
,
Misadventure
,
per
Infortunium
,
or
se
Defendendo
,
&c.
)
except
that
which
is
done
in
the
orderly
execution
of
a
Judgment
,
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
bailment
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
Coroners
,
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.
Offieer
.
VI.
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
unpunishable
for
it
;
whether
it
be
upon
a
certain
necessity
for
the
advancement
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
carrying
to
the
Goal
,
make
resistance
,
and
fly
;
for
then
those
that
have
the
conduction
of
him
may
without
blame
kill
,
if
they
cannot
otherwise
recover
him
,
Coron
288
,
328.
Peace
.
VII
.
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.
Imprisonm
.
VIII
.
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.
Riot
.
IX
.
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.
Fresh
Suit
.
X.
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
Imprisoned
,
nor
to
forfeit
any
thing
for
it
,
21
Ed.
1
St.
2.
pag.
59.
de
malefact'
in
Parcis
,
Crompt
.
30
b.
&
68
b.
§.
4.
Justification
.
XI
.
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
;
Diurnus
si
se
telo
defenderit
;
Impunà
occiditur
,
&c.
Infra
§
.
23.
Crompt
.
27
b.
§.
1
,
2
,
3
,
4
,
5.
Dalt
.
250
,
251.
cap.
98.
Murder
.
XII
.
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.
Intendment
.
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
outward
shew
of
any
present
quarrel
or
offence
,
draw
his
Weapon
,
and
therewithal
kill
another
that
standeth
by
him
,
the
Law
judgeth
it
to
have
proceeded
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
thrusteth
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
,
Cattle
.
that
measured
the
fault
not
by
the
event
,
but
by
the
intent
,
will
,
and
purpose
,
of
the
offender
;
took
it
for
Felony
(
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
accustomed
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
,
Physician
.
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.
Officer
.
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.
Bastardy
.
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.
Execution
.
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.
Poyson
.
XIX
.
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.
Accessary
.
XX.
Lamb.
241.
All
such
as
be
present
,
and
aiding
,
abetting
or
comforting
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.
Treason
.
XXI
..
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.
Games
.
XXII
.
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
Proclamation
;
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.
Justification
.
XXIII
.
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.
Chance
.
XXIV
.
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.
Treason
.
XXV
.
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
saying
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
Principal
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
adjudged
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
,
Justices
.
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.
Justices
.
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.
Justices
.
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.
Indictment
.
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
Murder
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
Dalison
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.
Certiorari
.
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
,
Justices
.
that
Justices
of
Goal-delivery
may
take
an
Indictment
of
killing
a
man
se
defendendo
,
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.
Justcies
.
An
Indictment
of
Murder
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
Indictment
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
,
Indictment
.
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
Felonies
,
that
they
may
enquire
of
this
,
Lamb.
497.
&
supra
31.
XXXIV
.
23
b.
§
.
28.
Riot
.
A
Sheriff
or
Justices
of
Peace
come
to
suppress
Rioters
,
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.
Forgery
.
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
therefore
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
Commissioners
(
leaving
out
the
Justices
of
Peace
)
to
enquire
of
,
hear
and
determine
,
or
to
try
Felons
,
&c.
there
the
Justices
of
Peace
at
their
Sessions
cannot
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.
Justices
.
XXXVI
.
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
Jurisdiction
given
them
by
the
Statutes
in
such
Cases
.
And
yet
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
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
Information
upon
Oath
,
Crompt
.
56
a.
b.
Imprisonm
.
XXXVII
.
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.
Treason
.
XXXVIII
.
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
Examination
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.
Enquest
.
XXXIX
.
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
enquire
of
Felonies
,
may
enquire
thereof
,
(
for
that
it
is
Felony
;
)
and
a
presentment
thereof
before
them
,
entituleth
the
King
in
his
Goods
,
Dalt
.
247.
cap.
97.
it
's
Quaere
.
XL.
Dalt
.
248.
cap.
98.
Treason
.
If
the
Justices
of
Peace
shall
Arraign
a
man
of
Treason
before
them
at
their
Sessions
,
who
is
found
Guilty
,
&c.
and
thereupon
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.
Justices
.
If
the
Justices
of
Peace
shall
Arraign
a
man
of
Felony
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.
Bail
.
because
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.
Bar.
&
Feme
.
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.
Escape
.
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.
Bail
.
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.
Escape
.
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.
Bail
.
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
,
Escape
.
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
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
,
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
.
Justices
.
XLIX
.
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.
Justices
.
L.
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.
Lieu.
LI.
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
County
,
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
taken
,
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
.
Commission
.
LII
.
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
Appeal
;
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'
&
terminand
'
,
and
so
the
Appeal
of
the
Approver
is
out
of
their
Commission
,
because
an
Approver
makes
not
his
Appeal
before
the
Justices
,
but
to
the
Coroner
,
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.
Process
.
LIII
.
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
whomsoever
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.
Imprisonm
.
LIV.
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
Felony
,
&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
,
Process
.
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
another
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
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
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
Authority
,
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
;
Information
.
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.
Imprisonment
None
shall
be
taken
by
petition
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.
Forgery
.
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
,
Apprentice
.
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
cannot
take
notice
of
his
default
in
B.
R.
by
which
default
it
first
beginneth
to
be
Felony
.
LX.
Lamb.
541.
Records
.
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
.
Precog
'
LXI
.
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.
Tryals
.
LXII
.
Lamb.
541.
Furthermore
,
they
cannot
make
tryal
of
such
as
were
Indicted
of
Felony
before
the
Coroners
,
or
before
the
Justices
of
Goal-delivery
,
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
Authority
extendeth
only
to
such
as
stand
Indicted
before
themselves
as
former
Justices
of
the
Peace
,
or
the
Sheriff
in
his
Tourn
.
Process
.
LXIII
.
Lamb.
541
,
542.
It
seemeth
by
Marrow
,
and
Fitzh.
16.
that
albeit
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
.
Imprisonm
.
LXIV
.
Lamb.
542.
Such
persons
,
if
they
cannot
be
Indicted
,
must
either
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
delivered
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
.
Appeal
.
LXV
.
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
stretcheth
not
so
far
,
but
only
to
such
Felonies
as
fall
out
by
enquiry
before
themselves
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
allow
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
another
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
.
Exile
.
LXVI
.
Lamb.
543.
They
cannot
Arraign
a
man
upon
his
Abjuration
,
saith
Marrow
.
Day
.
LXVII
.
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
.
Women
.
LXVIII
.
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
.
Clergy
.
LXIX
.
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
Minister
in
the
Tryal
of
Clergy
;
and
that
Clergy
may
lawfully
be
given
and
allowed
in
his
absence
.
LXX
.
Lamb.
Preced.
5.
pl.
13.
An
Indictment
for
Pety-Treason
in
a
Servant
,
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
&
pugione
districtis
ad
valentiam
10
solidorum
,
quos
idem
A.
B.
ad
tunc
&
ibidem
in
manibus
suis
tenuit
in
prenominatum
B.
D.
tunc
Magistrum
suum
tunc
&
ibidem
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
nequiter
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
proditionem
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
reputed
Father
as
Accessary
before
,
and
against
others
as
Accessary
after
.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
,
quod
H.
M.
Kanc.
ss.
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
parturiit
&
peperit
tuam
prolem
famelam
vivam
posteaque
quaedam
I.
S.
nuper
de
W.
in
dicto
Com'
vidua
apud
K.
predict'
in
Com'
predict'
vi
&
armis
,
ex
malitia
sua
precogitata
dicto
24
die
Maii
,
anno
supradict'
circa
horam
11
ante
meridiem
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
mortalem
in
Gutture
suo
predicto
de
qua
quidem
plaga
mortali
proles
famela
predict'
apud
C.
predict'
in
Com'
predict'
ad
tunc
&
ibidem
instanter
obiit
&
quod
predict
'
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.
feloniam
&
murdrum
predict'
in
forma
predict'
fecisse
&
perpetrasse
ipsam
tamen
H.
M.
apud
K.
predict'
in
Com'
predict
'
27
die
dicti
mensis
Maii
,
anno
supradict'
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
&
precogitata
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
supradict'
in
dicta
domo
suo
apud
C.
predict'
languebat
usque
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
presentant
,
quod
predict
'
T.
H.
prenominatum
W.
B.
apud
C.
predict'
in
Comitat'
predict'
modo
&
forma
supradict'
ex
malitia
sua
precogitata
voluntarie
&
felonice
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
interfecit
&
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'
Authoritate
ejusdem
quod
omnis
voluntaria
interfectio
per
venenum
,
Anglice
Poysoning
,
alicujus
personae
sive
personarum
quae
ad
aliquod
tempus
ex
tunc
imposterum
facta
perpetrata
sine
commissa
foret
:
Adjudicaretur
haberetur
&
existimaretur
voluntarium
murdrum
de
malitia
propensa
quodque
offensores
in
ea
parte
eorum
coadjutores
abettatores
,
procuratores
&
consiliatores
sustinerent
mortem
,
&
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
quendam
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
precogitata
machinans
&
intende●●s
eundem
I.
B.
nuper
virum
suum
vita
sua
primare
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
sacramentum
suum
dicunt
Juratrres
predicti
quod
predict
'
A.
die
&
anno
supradict'
predict
'
I.
B.
ad
tunc
virum
suum
apud
F.
&c.
felonice
&
proditorie
intoxicavit
&
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'
predict
'
Butcher
,
7
die
Septemb.
anno
regni
,
&c.
vi
&
armis
ex
malitia
sua
precogitata
&
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
existentem
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
predict
'
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
&
felonice
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
predicti
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
precogitata
voluntarie
&
felonice
interfecerunt
&
murdraverunt
,
contra
pacem
dicti
Domini
Regis
,
ac
contra
coronam
&
dignitatem
suam
,
Crompt
.
243
b.
pl.
38.
Chance
.
LXXVII
.
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.
predict'
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
&
prefodit
dans
eidem
E.
F.
vulnus
mortale
in
dicto
ventre
suo
latitudinis
unius
pollicis
&
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.
Clergy
.
LXXVIII
.
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.
Fresh-Suit
.
LXXIX
.
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
predict'
immediate
fugiebat
,
contra
pacem
,
&c.
Cromp.
243.
pl.
36.
&
244
b.
pl.
39.
Murder
.
LXXX
.
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'
Tayler
,
&
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
&
predict'
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'
predict'
modo
&
forma
predict'
prefat'
T.
B.
felonice
ac
ex
malitia
sua
precogitata
interfecerunt
&
murdraverunt
,
contra
pacem
dicti
Domini
Regis
nunc
,
coronam
&
dignitatem
suas
.
Et
si
J.
H.
de
S.
predict'
in
Com'
predict'
Husbandman
,
ante
feloniam
&
murdrum
predict'
per
prefat'
H.
&
W.
sic
in
forma
predict'
commissum
&
perpetrat'
viz.
predict'
primo
die
Martii
,
anno
regni
Regis
Jacobi
secundo
predict'
apud
S.
predict'
in
Com'
predict'
,
predict'
H.
W.
&
W.
C.
ad
feloniam
&
murdrum
predict'
sic
in
forma
predict'
faciend'
&
perpetrand'
malitiose
&
felonice
incitavit
,
abettavit
,
&
procuravit
,
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
another
,
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.
Murder
.
An
Indictment
against
him
that
Suffocated
a
man
.
Staff
.
ss.
Inquiratur
pro
Domino
Rege
,
si
I.
P.
nuper
de
W.
in
Com'
predict'
Tayler
,
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
vocat'
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.
Maihim
.
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
quodam
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
Domini
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
&
catallis
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
desparabatur
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
&
perpetrasse
eundem
W.
S.
postea
scil'
13
die
Octobr.
anno
predict'
apud
B.
predict'
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'
predict'
Yeoman
,
10
die
Maii
,
anno
regni
,
&c.
domum
mansionalem
cujusdam
P.
Armig
'
apud
H.
predict'
in
Com'
predict'
circa
horam
10
in
nocte
ejusdem
dici
felonice
&
burglariter
fregit
&
intravit
&
quadraginta
libr'
in
pecuniis
numerat'
de
bonis
&
callis
predict'
P.
in
quadam
cista
in
domo
predicto
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
eundem
T.
H.
dicto
10
die
Maii
,
anno
supra
dicto
past
feloniam
predict'
per
ipsum
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
numerata
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
pacem
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
existent'
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'
inventos
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'
fecisse
&
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'
deliberasset
&
cuidam
E.
F.
de
E.
predict'
in
dicto
Com'
Mercer
,
tunc
serviens
ipsius
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.
easdem
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
prefat'
A.
B.
tunc
Magistrum
suum
repositam
&
collocatam
,
&
ad
inde
dictum
A.
B.
Magistrum
suum
predict'
defraudand'
,
contra
pacem
dicti
Domini
Regis
,
ac
contra
formam
diversorum
Statutorum
hujus
regni
Angliae
in
hujusmodi
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
Parish
,
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
Require
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.
Ways
.
§
.
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
,
Glouc.
ss.
a
common
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
Authorize
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
overplus
:
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
,
Cattel
.
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.
Glouc.
ss.
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
)
contrary
to
the
Act
of
Parliament
in
that
case
provided
;
whereby
he
hath
forfeited
6.
s.
8.
d.
to
the
use
of
the
Poor
,
&c.
These
are
therefore
to
Authorize
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
,
Glouc.
ss.
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.
against
Officers
for
negligence
.
Games
.
To
the
Constables
,
Churchwardens
,
and
Overseers
of
the
Poor
of
the
Parish
of
N.
in
the
County
of
Glouc.
Glouc.
ff.
Information
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
disorderly
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
writing
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
therein
.
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
.
Addition
.
LAmbert
4.
cap.
5.
pag.
480.
even
so
ought
it
to
have
been
at
the
Common
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
Chancellor
,
Treasurer
,
Chamberlain
,
Sheriff
,
Coroner
,
Escheator
,
Bayliff
,
Dean
,
Arch-Deacon
,
Prebendary
,
or
Parson
:
Which
are
Names
of
Dignity
by
reason
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
,
Nosine
.
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
accounted
Noble
:
For
we
daily
see
that
both
Gentlemen
and
Knights
do
serve
in
the
Parliament
as
Members
of
the
Commons
:
Howbeit
in
cases
of
forcible
Entry
,
Riot
,
and
unlawful
Assembly
,
or
such
like
;
they
of
the
Nobility
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
,
Peace
.
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
against
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.
Recogn
.
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.
Arrest
.
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
Sufficiency
;
yet
in
cases
of
Contempt
it
seemeth
they
may
be
arrested
by
Capias
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.
Process
.
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
,
Corporation
.
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.
Officer
.
II.
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
Justices
are
appointed
to
have
the
one
half
.
Collusion
.
III.
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
Kersey
,
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
sufficiently
.
(
4.
)
If
any
have
dyed
any
Wool
for
Cloth
called
Russets
,
Marbles
,
Grays
,
Bays
,
or
such
like
;
or
Furr
Hats
or
Caps
,
unless
it
were
perfectly
woaded
,
boiled
,
and
maddered
,
or
have
died
with
Brazil
,
to
the
intent
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
certain
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.
Justices
.
IV.
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.
Measures
.
V.
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
.
Market
overt
.
VI.
Lamb.
463.
For
regrating
of
Woolls
by
Halifax
men
,
see
2
&
3
Ph
▪
&
Mar.
13.
Trades
.
VII
.
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.
Justices
.
VIII
.
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.
Forfeiture
.
IX
.
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.
Justices
.
X.
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
Tainters
,
&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.
Process
.
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
discretions
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
unto
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
levying
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
remain
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.
Justices
.
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.
Wooll
.
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
.
Collusion
.
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
&
defraudator
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
&
defraudavit
&
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
delinquentium
&
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
.
Pope
.
I.
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
,
heretofore
claimed
,
used
,
or
usurped
,
&c.
1
Eliz.
1.
§
.
N.
5
Eliz.
1.
§
.
3.
N.
1.
&
23
Eliz.
1.
§
.
8.
N.
1.
Incumbent
.
II.
Lamb.
411.
ibid.
Inquiry
if
any
person
hath
of
purpose
,
maliciously
,
or
contemptuously
molested
,
or
by
any
unlawful
means
misused
any
Preacher
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
,
Procurers
or
Abettors
,
1
Mar.
1.
St.
2.
cap.
3.
§
.
3.
N.
1.
learn
if
this
Statute
do
stand
for
this
part
.
Religion
.
III.
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
any
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.
Religion
.
IV.
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
Sacraments
,
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
Indictment
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.
Schools
.
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
instruct
Youth
,
being
thereof
convict
,
shall
be
disabled
and
shall
be
imprisoned
for
a
year
without
Bail
or
Mainprize
,
1
Jac.
4.
§
.
N.
VI.
West
.
Symb.
2.
part
137.
b.
sect.
239.
Bastardy
.
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
&
quandam
A.
B.
mulierem
defamat'
&
stuprosam
publicè
ac
notoriè
custodivit
occupavit
&
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
maximum
periculosum
exemplum
aliorum
malefactorum
contra
pacem
dicti
Domini
Regis
&c.
Market
.
VII
.
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
aliquibus
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
aliquem
ad
eorum
usum
Barganizat'
&
Emp'
ad
revendend'
in
contrarium
illius
presentis
actus
&
quod
quilibet
hujusmodi
Barganizatio
seu
contractus
imposterum
per
eas
fiendum
seu
per
aliquam
alium
ad
eorum
usum
in
contrarium
ejusdem
actus
penitus
forent
vacuae
&
nullius
effectus
&
quod
una
medietas
cujuslibet
talis
foris
facturae
esset
Domino
Regi
&
altera
medietas
inde
illi
qui
voluit
persequi
pro
eadem
per
breve
Original'
debit
:
Billam
seu
informat'
in
aliquibus
curiis
Domini
Regis
in
qua
actione
seu
secta
nulla
vadiat'
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'
minimè
ponderans
8.
die
Maii
,
Anno
Regni
&c.
Emit'
10.
boniculos
Angl'
Steers
pretii
eorum
cujuslibet
30.
s.
&
illos
cuidam
ignot'
postea
pro
lucro
&
proficiuo
suo
revendidit
contra
form'
Statut'
predict'
ac
contra
pacem
dicti
Domini
Regis
nunc
Coron'
&
dignitat'
suas
.
VIII
.
Pract.
Preced.
173.
An
Indictment
for
not
wearing
the
Surplice
.
Encumbent
.
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
ibidem
palam
&
publicè
dicebat
&
usus
fuit
preces
matutinas
&
vespertinas
Anglicè
vocat'
Morning
and
Evening
Prayers
,
diversis
Parochianis
&
Inhabitantibus
ejusdem
parochiae
in
Ecclesia
predict'
.
Ad
tunc
&
ibidem
presentibus
&
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
.
Fees
.
I.
9
H.
3.
26.
Magna
Charta
,
Nothing
shall
be
taken
for
Enquest
of
Life
or
Member
.
Amerciament
.
II.
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
.
Sheriffs
.
III.
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
.
Coron.
IV.
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.
Writs
.
V.
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
another
by
misfortune
,
or
in
his
own
defence
,
or
in
other
manner
,
without
Felony
.
Challenge
.
VI.
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
untaken
for
that
cause
.
Leet
.
VII
.
The
33
Articles
of
Charge
in
view
of
Frank-pledge
,
18
Ed.
2.
pag.
84.
Alien
.
VIII
.
14
Ed.
3
,
4.
§
.
1.
N.
2.
Englishire
shall
not
be
given
in
charge
,
&c.
Challenge
.
IX
.
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.
Process
.
X.
25
Ed.
3.
Stat.
5.
cap.
4.
None
shall
be
taken
by
Petition
or
Suggestion
,
made
to
the
King
or
Council
,
unless
it
be
by
Indictment
or
Presentment
,
&c.
XI
.
42
Ed.
3
,
4.
§
.
1.
N.
2.
Commissions
.
Commissions
of
Enquiry
shall
be
made
to
some
Justices
,
&c.
Poult
.
de
Pace
169
b.
§.
1.
XII
.
11
H.
4.
9.
§
.
1.
N.
3.
Retorn
.
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.
Ability
.
that
Enquire
of
forcible
Entry
.
XIV
.
3
H.
7.
1.
§
.
1.
N.
4.
Process
.
The
Justices
of
Peace
of
every
Shire
may
take
by
their
discretion
an
Inquest
thereof
,
each
to
have
xl
.
s.
&c.
per
Ann.
to
enquire
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.
Amerciament
.
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.
Sheriffs
.
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
Ministers
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
discretion
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.
Sessions
.
in
Crompt
.
11.
b
12.
a
Boult.
2.
pag.
83.
XVIII
.
Lambert
396.
And
because
the
Jurors
of
those
dayes
(
viz
3
H.
7.
Justices
.
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
Presentment
,
but
many
times
in
vitium
ducit
culpae
fuga
,
and
therefore
that
Ordinance
endured
not
long
,
&c.
(
1
H.
8.
6.
§
.
2.
N.
3.
)
XIX
.
Lambert
525.
Tryals
.
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.
Retorn
.
Our
Common
manner
in
Kent
(
agreeing
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
hinderance
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
Justices
may
take
a
Jury
de
Circumstantibus
,
and
hereunto
also
3
H.
8.
12.
§
.
1.
N.
5.
sheweth
good
Consent
.
Lieu.
XXI
.
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
.
Justices
.
XXII
.
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.
Verdit
.
XXII
.
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
together
it
hath
been
,
and
is
yet
otherwise
used
.
Imprisonment
XXIV
.
Lambert
395.
396.
The
Justices
ought
not
to
Commit
these
Jurors
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
another
place
to
give
their
Verdit
.
Evidence
.
XXV
.
Lambert
396
,
397.
Nevertheless
it
is
to
be
wished
that
these
and
such
other
Enquirors
would
more
carefully
imploy
themselves
in
that
service
,
which
is
the
chief
and
almost
the
only
ground
whereupon
the
Justices
are
to
work
,
&c.
and
this
shall
they
the
better
do
if
they
will
be
directed
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
fashion
sake
.
2.
That
they
give
Credit
to
Credible
persons
sworn
to
Inform
them
.
3.
That
they
measure
their
doings
by
the
right
line
of
Law
,
and
not
by
the
crooked
cord
of
pretended
Equity
and
counterfeit
conscience
.
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
doings
,
&c.
Maintenance
.
XXVI
.
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.
Essex
ss.
Juratores
pro
Domino
Rege
super
sacramentum
suum
presentant
quod
A.B.C.D.
&c.
(
naming
all
the
Jurors
,
&c.
)
Jurat'
in
quadam
Assiza
Novae
disseisinae
quae
nupersummonita
fuit
Coram
dilectis
&
fidelibus
dicti
Domini
Regis
,
&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.
Anno
&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
valenc'
20
s.
illigitime
ceperunt
&c.
&
predict'
J.
K.
(
Imbraciator
ejusdem
Assizae
ad
eandemducend'
&
procuran'd
)
de
prenominato
W.S.
summam
decem
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.
Fees
.
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
ejusdem
Domini
Regis
34.
factum
convincantur
sive
sit
ad
sectam
partis
aut
alterius
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
alteram
meditatem
&
quod
omncs
Imbraciatores
ducent'
&
procurant'
tales
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
capiend'
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.
Justices
.
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.
Leet
.
II.
Lambert
134
,
135.
If
the
Constables
do
arrest
one
that
hath
hurt
another
,
Constable
.
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
relation
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
Justices
.
III.
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
Arrested
and
Imprisoned
for
felony
,
Lambert
4.
cap.
4.
pag.
434.
Crompton
40.
§.
13.
Bayl.
IV.
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
afterwards
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
felony
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.
Arrest
.
V.
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
voluntarily
to
Escape
,
the
Master
shall
not
be
Impeacht
for
this
,
but
he
that
suffered
the
Escape
,
per
Curiam
10
Ed.
4.
17.
Poult
.
de
Pace
150.
b.
§
.
19.
Coron.
328.
337.
Indictment
.
VI.
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.
Amerciament
.
VI.
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.
Imprisonment
.
VIII
.
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
Prison
,
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.
Traverse
.
IX
.
Poult
.
de
Pace
151.
§
.
28.
And
touching
those
which
be
Prisoners
of
Record
,
the
Keeper
of
the
Prison
cannot
traverse
the
Escape
,
but
confess
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
.
Process
.
X.
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.
Imprisonment
.
XI
.
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.
Marriage
XII
.
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.
Officer
.
XIII
.
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
learned
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.
Lach.
This
difference
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
Sheriff
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.
Watch.
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.
Coron.
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
Comitatu
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
predict'
)
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
supradict'
apud
M.
predict'
in
Com'
K.
predict'
prefatum
A.
B.
(
ad
tunc
&
ibidem
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
Felony
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
conservand'
assignat'
salvo
&
secure
Custodiend
'
tradita
fuit
Quorsque
eadem
M.
a
Custodia
illa
secend'
legem
&
consuetudinem
Regni
Angl'
pro
suspitione
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
Goala
predicta
adtunc
&
ibidem
voluntarie
&
felonice
evadere
&
ad
largum
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
divers
,
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
&
intravit
ac
unam
Juvencam
Coloris
Brown
pretii
20
s.
de
bonis
&
Catallis
predicti
J.
G.
adtunc
&
ibidem
Invent'
felonice
cepit
&
effugavit
contra
pacem
dictae
Dominae
Reginae
&
pro
felonia
predict'
per
prefat'
J.
B.
sic
fact'
&
perpetrat'
Arrestat'
fuit
&
Coram
G.
R.
Arm'
uno
Justiciar'
dictae
Dominae
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
mittimus
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
ducend'
ad
&
usque
Goalam
predict'
de
J.
predict'
Ibidem
moratur'
quousque
idem
I.B.
abinde
secundum
legcm
&
consuetudinem
Regni
Angliae
deliberatus
foret
ipsi
predict'
I.
C.
R.
B.
&
R.
in
dicto
8.
die
Decemb.
Anno
predict'
prefat'
I.
B.
apud
C.
predict'
in
Com'
E.
predict'
in
eorum
custodiam
virtute
deliberationis
predict'
sic
existent'
adtunc
&
ibidem
negligenter
a
custodia
sua
ad
largum
Ire
&
evadere
permiserunt
contra
pacem
dictae
Dominae
Reginae
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'
predict'
Husbandman
tunc
deliber'
de
P.
predict'
ut
per
eundem
A.
adtunc
usque
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
supradict'
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'
predict'
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'
conservand
'
assignat'
salvo
&
secure
custodiend'
tradit'
fuit
quousque
idem
T.
W.
a
custodia
illa
secundum
legem
&
consuetudinem
regni
Angl.
pro
suspitione
feloniae
predict'
acquietat'
sive
deliberat'
foret
ipse
predict'
I.
F.
tunc
vicecomes
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
adtunc
&
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'
salvo
&
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.
minime
curans
nec
estimans
apud
M.
predict'
in
Com'
predict'
die
&
Anno
supradict'
eundem
R.
S.
ad
largum
ire
&
voluntarie
evadere
felonice
permisit
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
feloniae
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
custodiend'
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
debitam
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
&
consuetudinem
Regni
&c.
deliberat'
foret
idem
tamen
T.
R.
die
&c.
Anno
supradict
'
apud
Villam
predict'
in
Com'
predict'
eundem
I.B.
ad
largum
&
extra
Goalam
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'
predict'
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
Iidemque
J.
T.
&
T.
F.
eisdem
die
&
Anno
ad
Civitat'
predict'
quibusdam
R.
F.
&
J.
S.
Vicecom'
Comitat'
predict'
ac
custodibus
Prisonae
dicti
Domini
Regis
infra
Civitat'
predict'
ob
causam
predict'
tradit'
fuerunt
salvo
&
secure
custodiend'
Quousque
Iidem
J.
T.
&
T.
F.
a
custodia
illa
secundum
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'
predict'
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
suspitione
feloniae
capt'
&
per
ipsum
J.M.
apud
K.
predict'
in
Com'
predict'
pro
suspitione
ejusdem
feloniae
Imprisonat'
fuisset
&
in
cappis
per
ipsum
J.M.
ad
hunc
&
ibidem
posit'
salvo
custodiend'
quousque
secundum
legem
&
consuetudinem
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
ipsius
J.
L.
existent'
tam
negligenter
custodivit
quod
pro
defectu
bonae
&
sufficientis
custodiae
idem
J.
B.
a
Prisona
predict'
evasit
&
ad
largum
ubicunque
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
&
adtunc
&
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
&
terminand'
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
pendens
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
Commitment
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'
unum
Ballivor'
de
P.
predict'
&
H.
L.
Gen'
deputat'
J.
B.
Gen.
alium
Ballivorum
ejusdem
villae
in
Goala
sive
prisona
villae
predict'
pro
quibusdam
resistenc'
dissobedient'
&
malefact'
per
ipsum
D.
E.
versus
ipsum
R.
Ballivum
in
executione
officii
sui
virtute
literarum
Domini
Regis
eidem
R.
direct'
ibidem
moratur'
sub
salva
custodia
M.
unius
servientium
ad
Clavem
ad
Villam
predict'
quousque
predict'
D.
inde
deliberetur
&
dimissus
esset
per
debitam
legis
formam
prefat'
O.
circa
horam
xij
in
nocte
ejusdem
diei
Anno
supradict'
Regni
Regis
predict'
Prison'
in
qua
detentus
fuit
ut
predict'
est
adtunc
&
ibidem
malitiose
&
minus
juste
fregit
&
ab
hujusmodi
Prisona
sine
aliqua
licentia
evasit
&
escapuit
contra
form'
Statut'
&c.
edit'
&
provis'
&
contra
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
transgressiones
&
alia
malefacta
in
eodem
Com'
perpetrat'
audiend'
&
terminand
Assignat'
in
Generali
Sessione
pacis
tent'
apud
T.
in
Com'
E.
predict'
die
Martis
proxime
post
festum
sanctae
Trinitatis
Anno
&c.
mandaverunt
Vicecom'
ejusdem
Comitat'
E.
necnon
&
eorum
cuilibet
quod
non
omitterent
propter
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.
predict'
servient'
&
eos
Coram
Justiciariis
predict'
vel
uno
sociorum
Justic'
pacis
in
Com'
E.
predict'
venire
Compellerent
seu
eorum
unus
venire
compelleret
ad
inveniend'
sufficient'
manucaptionem
quod
ipsi
personaliter
comparerent
coram
dictis
Justiciariis
&
sociis
suis
predictis
ad
proximam
sessionem
pacis
in
Com'
E.
predict'
tenend'
&
quod
interim
se
bene
gerent
erga
dictum
Dominum
Regem
&
cunctum
populum
suum
secundum
formam
Statut'
in
hujusmodi
casu
editi
&
provisi
Cumque
prefat'
G.
L.
&
J.
B.
virtute
mandat'
predict'
Arrestassent
predict'
A.
J.
&
eum
coram
Justiciar'
predict'
vel
eorum
uni
ducere
voluissent
prout
mandatum
predict'
Justiciar'
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
assemblati
&
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.
vulneraret
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.
predict'
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
.
Contempt
.
I.
Lambert
4.
cap.
16.
pag.
565
,
566.
Where
the
Conviction
is
for
trespasses
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
calling
them
to
it
by
any
process
,
as
in
5
&
6.
Ed.
6.
25.
§
.
5.
N.
3.
of
Alehouses
,
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
.
Forfeiture
.
II.
Lambert
566.
ibid.
For
in
no
Case
(
as
I
take
it
)
can
they
of
themselves
levy
any
Fine
or
Forfeiture
due
to
the
King
;
insomuch
as
not
they
but
the
Sheriff
is
accountant
for
all
such
matters
.
Amerciament
.
III.
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
only
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.
Estreats
.
IV.
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.
Information
.
V.
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
determined
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
,
Acc.
S.
Stat.
the
Justices
of
the
Peace
may
make
Execution
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.
Maintenance
.
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.
Husbandry
.
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
process
as
shall
seem
fit
by
their
discretions
.
IX
.
Lambert
577.
Ways
.
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-wardens
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.
Sheriffs
.
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.
Enquest
.
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.
Husbandry
.
So
may
they
in
like
manner
award
Execution
by
Fieri
fac'
&
Capias
of
two
Thirds
of
the
forfeitures
,
the
one
for
the
complainant
,
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.
Bayl.
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
acknowledged
,
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
.
Enquest
.
I.
9
H.
3.
26
Magn'
Chart
'
nothing
shall
be
taken
for
an
Enquest
of
Life
or
Member
,
but
grant
freely
and
not
deny
.
Imprisonment
II.
4
Ed.
3.
10.
Nothing
shall
be
taken
by
Sheriffs
or
Goalers
on
receit
of
Felons
,
Lamb.
429.
Justices
.
III.
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
.
Ale
.
IV.
5
&
6
Ed.
6.
25.
Alehouse-keepers
to
pay
only
12
d.
for
recognizances
.
Lambert
431.
Crompt
.
176.
§.
10.
Justices
.
V.
5
Eliz.
4.
§
.
38.
N.
1.
Fees
of
Justices
of
Peace
sitting
in
Execuon
of
this
Act
of
Labourers
,
5
s
,
per
diem
.
Crompt
.
176.
b.
§.
21.
Licence
.
VI.
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.
Licence
.
VII
.
1
Jac.
27.
§
.
7.
N.
1.
Clerk
of
the
Peace
to
take
only
12
d.
for
licence
to
shoot
in
Hand-gun
,
&c.
Inrolment
.
VIII
.
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
Bargain
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
Licence
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.
Extortion
.
IX
.
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.
Officer
.
X.
Crompt
.
175.
b.
176.
§
.
5.
The
Commission
gives
power
to
the
Justices
of
Peace
to
enquire
of
Extortions
,
and
therefore
where
a
Statute
gives
Fees
to
an
Officer
who
takes
more
,
the
Justices
of
Peace
may
inquire
thereof
,
tho
the
Statute
doth
not
give
it
.
Justices
.
XI
.
Crompt
.
176.
§
.
9.
It
s
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
toucheth
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
,
Franchise
.
and
this
shall
be
intended
that
if
any
Lord
of
a
Franchise
hath
the
Fines
and
Amerciaments
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.
Justices
.
Every
one
of
the
eight
Justices
who
is
not
a
Baron
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.
Constable
.
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
Recognizance
of
the
Peace
taken
in
Court
,
2
s.
Officer
.
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.
Justices
.
)
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.
Exchequer
.
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
according
to
the
Indenture
,
so
that
I
see
no
liberty
of
such
nomination
left
unto
the
Barons
,
Lambert
572.
XVIII
.
Bolt
.
2.
cap.
22.
pag.
71.
Justices
.
It
would
be
somewhat
hard
indeed
to
strain
14
R.
2.
11.
§
.
1.
N.
2.
so
far
as
to
give
Wages
thereby
to
so
many
Justices
as
be
now
at
these
days
in
every
Shire
,
and
would
be
present
at
the
Sessions
;
and
it
might
breed
both
offence
against
the
Sheriff
,
and
a
jealousie
among
the
Justices
themselves
,
to
have
one
of
them
preferred
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
Sessions
,
Amerciaments
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.
Extortion
.
If
a
man
Indicted
and
Arraigned
of
Felony
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
,
Justices
.
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.
Justices
.
XXII
.
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.
Indictment
.
XIII
.
Lambert
619.
A
Justice
of
Peace
may
also
be
Indicted
of
the
unlawful
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
Extortion
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
requisitionem
Coronator'
fact'
ad
veniend'
&
inquirend'
super
visum
corporis
alicujus
personae
per
infortunium
occisae
,
mersae
seu
aliter
mortuae
coronat'
predict'
diligenter
faceret
officium
super
visum
corporis
cujuscunque
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'
predict'
apud
M.
in
Com'
predict'
colore
officii
sui
predict'
extorsive
&
injuriose
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
infortunium
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
magnum
dicti
Domini
Regis
contempt'
ac
contra
form'
Statut'
in
Parliamento
Domini
Henrici
nuper
Regis
Angl
'
8.
tent'
Anno
Regni
sui
primo
in
hujusmodi
casu
provisi
ac
editi
.
Lambert
Precedents
15
b.
Pl.
41.
XXV
.
West
.
Symb.
2.
part.
10
b.
sect.
110.
Leather
.
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
Regni
,
&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
&
ibidem
invent'
colore
officii
sui
extorsive
&
injuste
cepit
seisivit
&
asportavit
ad
grave
damnum
ipsius
J.
contra
leges
&
ordinationes
Dominae
Elizabeth
'
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
permissione
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.
Archiepiscopi
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
quinque
librarum
&
ubi
etiam
tota
dict'
script'
probationis
testament'
predict'
per
prefat'
Scribam
sive
Registrarium
sic
ut
prefertur
fact'
non
continebat
in
se
40
lin.
quorum
quaeque
linea
erat
12
Policem
in
logitudine
,
in
magnum
dicti
Domini
Regis
contempt'
ac
contra
formam
cujusd'
Statut'
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
.
Justices
.
I.
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.
Nusans
.
II.
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
Riding
,
&c.
to
survey
and
pull
down
all
Fish
Gorths
,
Pills
,
and
Stakes
in
Humber
and
Owse
,
Nets
wanting
Assize
,
&c.
Merchants
.
III.
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.
Alien
.
IV.
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.
Alien
.
V.
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.
Apraisment
.
VI.
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.
Licence
.
VII
.
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.
Merchants
.
VIII
.
Lambert
453.
If
any
have
made
or
brought
into
this
Realm
any
Barrels
of
Eels
not
containing
42
Gallons
,
or
Butt
of
Salmon
,
not
containing
eighty
four
Gallons
,
2
H.
6.
11.
§
.
N.
Crompt
.
92
b.
Admiral
.
IX
.
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.
Process
.
X.
Dalt
.
55.
cap
,
21.
By
Warrant
of
any
one
or
more
Justices
of
the
Peace
the
Constables
and
Church-Wardens
where
any
offence
is
committed
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.
Forfeiture
.
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.
Lieu.
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
,
being
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.
Amerciament
.
For
the
Justices
(
upon
Conviction
had
before
them
)
may
set
Fine
by
their
discretion
upon
such
as
take
Salmons
,
or
destroy
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.
Indictment
.
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
diversis
temporibus
ante
predict'
diem
&
postea
apud
H.
predict'
in
Com'
predict'
vi
&
Armis
in
uno
Stagno
ibiddem
vocat'
H.
milne
Poole
liberum
tene
ment'
R.
D.
Gen'
cum
Hamis
&
aliis
ingeniis
Piscat'
&
diversos
Pisces
ceperunt
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
diversis
temporibus
ante
predict'
ibidem
&
postea
apud
H.
predict'
in
Com'
predict'
vi
&
Armis
in
uno
Stagno
idem
vocat'
H.
Milne
Poole
,
liberum
tenement'
R.
D.
Gen'
cum
Hamis
&
Aliis
Ingeniis
piscat'
&
diversos
pisces
ceperunt
ad
grave
Damnum
predict'
R.
D.
ac
contra
pacem
&c.
Force
.
Posse
Comitatus
,
Entre
,
Riot
,
Rescous
,
Sheriffs
.
Sheriff
.
I.
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
.
Process
.
II.
13
Ed.
1.
W.
2.
cap.
39.
§
1.
N.
25.
And
if
Resisters
of
the
Kings
Process
Retorn
by
the
Sheriff
be
convict
of
such
resistance
,
they
shall
be
punished
at
the
Kings
pleasure
,
neither
shall
any
Officer
of
the
Kings
meddle
in
assigning
the
punishment
,
for
our
Lord
the
King
hath
reserved
it
specially
to
himself
,
because
that
resisters
have
been
reputed
disturbers
of
his
Peace
,
and
of
this
Realm
.
Entry
.
III.
Lambert
2.
cap.
4.
pag.
135.
It
seemeth
that
before
the
troublesome
Reign
of
King
Richard
the
Second
,
the
Common
Law
permitted
any
person
which
had
good
Right
or
Title
to
enter
into
any
Land
to
win
the
possession
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.
Disseisor
.
IV.
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
according
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
.
Trespass
.
V.
Lamber
.
135
,
136.
And
at
this
day
,
if
in
a
Common
Action
or
Indictment
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.
Entry
.
VI.
Lambert
136.
But
after
the
rebellious
tumult
and
Insurrection
of
the
Villains
,
and
other
the
base
Commons
which
happened
4
Rich.
2.
the
Parliament
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
Imprisonment
of
his
body
,
and
thereof
Ransomed
at
the
Kings
will
,
Crompt
.
67.
b.
§
2.
Boult
.
112.
cap.
29.
§
3.
Justices
.
VII
.
Lambert
136
,
137.
But
because
5
R.
2.
7.
provided
no
speedy
remedy
in
this
poinr
,
nor
extended
to
holding
with
force
,
nor
left
any
special
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
enacted
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
,
Restitution
.
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
gotten
.
4.
Nor
gave
any
pain
against
the
Sheriff
that
did
not
obey
the
Precepts
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
Tenements
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
possession
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
possessor
of
his
recovery
in
any
wise
,
if
after
in
Assize
or
other
Action
thereof
to
be
taken
or
pursued
before
Justices
of
Assize
,
or
other
the
Kings
Justices
whatsoever
by
due
enquiry
thereof
to
be
taken
,
the
same
Feoffments
and
discontinuances
may
be
duly
proved
to
be
made
for
maintenance
,
&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
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
Country
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
himself
,
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
Indictment
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
Expences
.
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
peaceably
,
and
after
holden
out
with
strong
hand
,
or
after
such
Entry
,
any
Feoffment
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
Disseisor
.
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
Tenements
,
or
them
after
his
Entry
,
did
hold
with
Force
,
that
the
Plaintiff
shall
recover
his
Treble
Damages
against
the
Defendant
.
3.
And
moreover
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
.
Justices
.
XIV
.
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
maintain
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.
Disseisin
.
XV.
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
disturbance
.
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
,
Riot
.
8
H.
6.
9.
for
that
he
Disseised
another
vi
&
Armis
,
viz.
Gladiis
&c.
without
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.
Seisin
.
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
,
Reeords
.
although
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.
Justices
.
If
a
man
enters
with
Force
upon
the
possession
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
Statute
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.
Costs
.
saith
that
this
ought
to
be
done
at
the
Costs
of
the
party
grieved
:
so
Marrow
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
,
Droit
.
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
exception
prohibit
all
Entry
with
Force
,
howsoever
the
Entry
be
otherwise
lawfull
,
and
seeing
also
that
8
H.
6.
9.
§
3.
N.
3.
permitteth
no
forcible
holding
,
but
only
where
three
years
possession
have
gone
before
:
and
weighing
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
perhaps
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
ingressus
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
,
although
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.
Justices
.
XXII
.
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
Convicted
by
his
own
Eye
,
Testimony
,
and
Record
,
Boult
.
123.
cap.
29.
§
8
,
9.
Record
.
XXIII
.
Lambert
.
149
,
150.
The
Record
of
the
Force
,
Kent
ss.
Record
.
Memorandum
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
ignoti
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
adtunc
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'
provisi
ac
contra
form'
diversorum
aliorum
Statutorum
ac
propterea
ego
prefat'
S.
L.
predictos
C.
D.
E.
F.
&
G.
H.
adtunc
&
ibidem
Arrestavi
proximaeque
Goalae
dicti
Domini
Regis
apud
M.
in
dicto
Comitatu
duci
feci
ut
de
dicta
manu
forti
tentione
per
visum
&
Recordum
meum
convictos
ibidem
moraturos
quousque
Fines
dicto
Domino
Regi
pro
transgressionibus
suis
predictis
fecerint
.
Dat'
apud
W.
predict'
sub
sigillo
meo
die
&
Anno
supradict'
per
me
prefat'
S.
L.
Dalt
.
391.
cap.
129.
Crompt
.
74.
b.
Imprisonment
.
XXIV
.
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
immediately
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
Parliament
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
thereof
.
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
,
Amerciament
.
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.
Justices
.
Though
the
Justices
of
Peace
will
not
Record
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
,
Lieu.
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.
Record
.
Also
the
Justice
ought
to
make
a
Record
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
Traverse
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
,
Imprisonment
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
Offendors
,
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.
Entry
.
cannot
be
without
an
actual
Entry
;
for
the
words
of
8
H.
6.
9.
§
.
N.
be
Whosoever
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
,
Menace
.
or
to
do
other
bodily
harm
,
&c.
amounteth
to
a
Forcible
Entry
or
deteiner
,
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.
Enquest
.
§
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.
Enquest
.
XXXIII
.
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
coming
.
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
Presentment
is
good
for
the
King
:
but
then
saith
he
the
party
shall
have
no
restitution
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.
Seisin
.
XXXIV
.
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
Forcible
Entry
,
Br.
13.
Crompt
.
166.
a.
Dalt.
210.
cap.
81.
Restitution
.
XXXV
.
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.
Enquest
.
XXXVI
.
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
sufficientes
&
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
quodam
ingressu
manu
forti
facto
in
Messuagium
cujusdam
A.
B.
apud
J.
predict'
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.
Process
.
XXXVII
.
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.
Verdit
.
XXXVIII
.
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
conservandum
,
necnon
ad
divers
'
felonias
transgr'
&
alia
malefacta
in
eodem
Comitatu
perpetrat'
Audiend'
&
terminand'
Assignat'
Qui
dicunt
super
sacramentum
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
Messuagium
predict'
&c.
Intraverunt
&
adtunc
&
ibidem
ipsum
C.
D.
inde
Disseisiverunt
&
manu
forti
expulerunt
,
&
eundem
C.
D.
sic
Disseisitum
&
expulsum
ab
eodem
messuagio
&c.
a
predicto
primo
die
&c.
usque
ad
diem
captionis
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
habuerunt
aut
habuit
aliquid
in
eodem
messuagio
&c.
aut
in
aliqua
inde
parcella
habuerunt
aut
habuit
infra
tres
Annos
proximos
ante
ingressum
suum
predictum
neque
alio
tempore
precedente
ad
notitiam
Juratorum
predictorum
,
Crompt
.
75.
b.
Dalt.
393.
cap.
129.
Poult
.
de
Pace
,
36.
b.
§
8.
XXXIX
.
Lambert
166
,
167.
Restitution
.
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'
salutem
.
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
comperrum
existit
quod
A.
B.
&c.
&
alii
&c
primo
die
Septembr
.
&c.
in
quoddam
messuagium
&c.
C.
D.
&c.
in
J.
predict'
vi
&
armis
ingressi
sunt
ac
ipsum
C.
D.
inde
tunc
manu
forti
Disseisiverunt
&
expulerunt
&
predictum
C.
D.
sic
expulsum
a
predicto
Messuagio
&c.
a
predicto
1.
die
Septembr
.
&c.
usque
ad
diem
captionis
inquisitionis
predict'
manu
forti
&
(
cum
armata
)
potentia
extra
tenuerunt
prout
per
inquisitionem
predictam
plenius
liquet
de
Recordo
ideo
ex
parte
dicti
Domini
Regis
tibi
mando
&
percipio
quod
(
ad
hoc
debito
requisitus
)
una
cum
posse
Comitatus
tui
si
necesse
fuerit
accedas
ad
messuagium
&
cetera
premissa
ac
eadem
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
Restitution
,
shall
be
under
the
Teste
of
one
of
the
Justices
only
,
as
it
seemeth
,
Process
.
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.
Sheriffs
.
XLII
.
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.
Courts
.
XLVIII
.
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.
Justices
.
XLIV
.
Lambert
157
,
158.
But
if
it
happen
that
the
Justice
of
the
Peace
before
whom
the
Enquiry
was
taken
,
do
dye
before
Restitution
delivered
by
him
:
It
may
be
doubted
whither
his
fellow
Justices
having
the
presentment
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.
Imprisonment
.
XLV
.
Lambert
158.
This
seemeth
upon
consideration
of
both
the
Statutes
,
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
coming
to
the
place
,
them
he
may
immediately
Commit
to
the
Goal
,
as
convict
of
that
offence
,
notwithstanding
any
their
gain-saying
whatsoever
,
Boult
.
123.
cap.
29.
§
9.
10.
Traverse
.
XLVI
.
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
Presentment
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
.
Enquest
.
XLVII
.
Dalt
.
58.
cap.
22.
§
6.
Also
the
Justice
of
Peace
notwithstanding
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.
Justices
.
XLVIII
.
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.
Amerciament
.
XLIX
.
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.
Justices
.
Two
Justices
of
Peace
Record
a
forcible
deteyner
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.
Amerciaments
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
Indicted
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
,
Seisin
.
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.
Restitution
.
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.
Courts
.
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.
Restitution
.
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
supersedeas
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.
Amerciament
.
LVI
.
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
Evidence
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
.
Certiorari
.
LVII
.
Crompt
.
162.
b.
Restitution
is
Awarded
,
the
party
having
a
Certiorari
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.
Restitution
.
LVIII
.
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
Restitution
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
Assizas
in
Com'
predicto
capiend'
assignat'
perform'
Statut'
in
hujusmodi
casu
provisi
compert'
est
quod
predict'
E.
&
W.
die
,
Anno
&c.
in
decem
Messuagia
&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
&
cetera
premissa
ac
Messuagia
nementa
illa
cum
pertinentiis
reseisiri
faciatis
&
predictum
H.
ad
&
in
plenam
possessionem
suam
inde
prout
ipse
ante
ingressum
&
Disseisinam
predict'
fuerat
restitui
&
mitti
faciatis
juxta
form'
dicti
Statuti
de
ingressionibus
manu
forti
factis
nuper
editi
&
hoc
nullatenus
omittatis
periculo
incumbente
Teste
,
&c.
20
H.
8.
Rot.
22.
Rast.
Intr.
338.
Courts
LIX
.
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
Statutorum
fact'
sive
perpetrat
.
Inquire
of
Forcible
Entries
,
which
was
at
another
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
,
Certiorari
.
he
may
have
a
Certiorari
ready
,
and
when
the
Bill
of
Indictment
is
found
,
he
may
deliver
this
presently
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
Indictment
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.
Traverse
.
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
,
it
s
not
material
,
because
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
,
Supersedeas
.
if
complaint
be
made
at
the
Quarter
Sessions
to
three
Justices
of
Peace
sitting
there
,
of
a
Forcible
Entry
,
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
,
Whether
any
other
Justice
of
Peace
who
was
absent
from
the
Sessions
may
lawfully
grant
a
supersedeas
in
this
Case
or
not
,
and
as
it
seemeth
,
if
the
Sessions
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
thereof
according
to
the
intent
of
the
Statute
,
and
afterwards
they
had
inquired
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
Justices
de
Banco
Regis
,
who
have
Supream
Authority
,
the
King
himself
sitting
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
Sessions
,
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
Erronious
,
and
he
that
should
have
had
Restitution
,
demanded
of
his
Counsel
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.
Joynder
.
Two
are
Indicted
of
a
Forcible
Entry
and
Deteyner
,
and
upon
the
Traverse
it
s
found
,
one
entred
,
and
another
deteyn'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
,
Traverses
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
discontinued
,
and
after
tender
another
Traverse
at
another
time
,
upon
Restitution
prayed
,
it
seemeth
that
the
Court
may
Award
Execution
,
notwithstanding
,
as
in
the
Case
of
a
Writ
of
Error
,
&c.
13
Ed.
4.
4
&
6
H.
7.
16.
Crompt
.
166.
LXV
.
Crompt
.
165.
b.
Traverse
.
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
.
Traverse
.
LXVI
.
Crompt
.
166.
He
that
tenders
the
Traverse
in
B.
R.
upon
an
Indictment
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
Indictment
Traverst
before
Justices
of
the
Peace
,
Costs
Br.
4.
Dalt
.
216.
cap.
84.
infra
78.
Justices
.
LXVII
.
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
,
because
8
H.
6.
9.
§
3.
N.
2.
gives
power
to
one
Justice
to
Inquire
of
Forcible
Entries
,
and
to
make
Restitution
.
Prerog
.
LXVIII
.
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.
Prerog
.
LXIX
.
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
Disseised
;
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.
Outlawry
.
LXX
.
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.
Prerog
.
LXXI
.
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
.
Chpihold
.
LXXII
.
Dalt
.
203.
cap.
77.
But
howsoever
the
Law
be
taken
for
the
Indictment
or
Restitution
thereupon
;
yet
in
case
that
Lessee
for
years
,
Tenant
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.
Restitution
.
LXXIII
.
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
Indictment
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
,
Copihold
.
one
was
Indicted
on
21
Jac.
15.
for
entring
into
a
house
in
Cobham
in
Oxford
'
ad
tunc
existens
liberum
tenementum
suum
ad
voluntatem
Domini
secundum
consuetud'
manerii
&c.
the
party
came
into
the
Court
,
and
being
put
out
of
possession
upon
this
Indictment
by
one
Justice
of
Peace
,
prayed
Restitution
,
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
Widows
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
,
Heir
.
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
,
Restitution
.
and
by
another
Enquest
taken
at
the
same
Sessions
,
it
s
found
that
I
am
Disseised
by
A.
B.
with
Force
,
I
may
Elect
upon
which
of
these
Indictments
I
will
be
restored
,
and
if
I
have
Restitution
against
J.S.
and
this
is
Retorn'd
,
I
shall
not
have
Restitution
upon
the
other
:
but
tho
I
be
in
possession
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.
Outlaw
.
Justices
of
Peace
cannot
Award
a
Capias
utlagatum
,
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
,
Traverse
.
it
seemeth
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.
Process
.
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
Traverse
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
safest
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
.
Joyntenants
.
LXXX
.
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
perlegem
;
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.
Restitution
.
LXXXI
.
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
.
Process
.
LXXXII
.
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
.
Sessions
.
LXXXIII
.
Crompt
.
124.
§
23.
on
8
H.
6.
9.
§
N.
of
Forcible
Entries
,
they
must
hold
Sessions
on
complaint
of
the
parties
grieved
within
covenient
time
.
Church
.
LXXXIV
.
Crompt
.
73.
If
a
man
keep
a
Prebend
with
Force
,
the
Encumbent
shall
have
a
Writ
to
the
Sheriff
.
Forest
.
Warren
,
Coneys
,
Deerhays
,
Buckstalls
,
Ferrets
,
Hunting
,
Parks
,
Chaces
,
Coursing
.
Sessions
.
I.
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.
Forfeiture
.
II.
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.
Catle
.
Inquiry
at
Sessions
of
such
who
keep
Dogs
or
Greyhounds
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
,
Sessions
.
by
any
way
,
24
H.
8.
10.
1
Jac.
27.
Lamb.
441.
V.
Lambert
440.
Inquiry
on
5
Eliz.
21.
§
3.
N.
1.
Deer
.
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
Inclosed
and
used
for
keeping
of
Deer
,
and
have
wrongfully
hunted
,
drove
out
,
hurt
or
killed
any
Deer
there
;
or
if
any
have
unlawfully
taken
away
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
,
Fowl
.
or
with
his
Spaniel
hunted
,
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
taking
or
slaying
of
any
Deer
,
or
for
such
taking
of
any
Hawk
or
Eggs
contrary
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
Offender
;
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
afterwards
Forfeit
his
Recognizance
,
if
he
Eftsoons
offend
against
the
said
Statutes
.
IX
.
Crompt
.
155.
Nor
can
Justices
of
Peace
Bail
him
that
is
committed
,
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
thither
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
Impaled
,
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
hunting
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
Examination
of
the
Offender
for
unlawfull
hunting
in
Parks
,
&c.
may
after
such
Examination
,
bind
the
Offender
to
his
Good-behaviour
,
as
it
seemeth
,
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
ejusdem
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
Comitat
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
Arcubalistis
emissis
&
Sagittatis
adtunc
&
ibidem
occiderunt
&
asportaverunt
contra
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.
predictum
T.
W.
unum
Justiciariorum
pacis
dicti
Domini
Regis
in
Com'
predict'
de
illicita
venatione
predict'
modo
&
forma
predictis
facta
,
Qui
quidem
Justiciarius
superinde
Warrantum
suum
in
scriptis
postea
,
viz.
dicto
tertio
die
August
.
Anno
supradicto
direxit
cuidem
K.
M.
uni
Constabulariorum
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
duceret
&
haberet
ad
eos
de
dicta
illicita
venatione
examinand'
&
quod
dicti
A
B.
de
&
G.
H.
postea
scil.
dicto
tertio
die
August
.
Anno
supradicto
coram
dicto
Justiciario
apud
C.
predict'
in
Com'
predict'
per
Constabularium
predict'
virtute
dicti
Warranti
adducti
ac
per
eundem
Justiciarium
per
suam
discretionem
de
dicta
illicita
venatione
&
de
factoribus
in
ea
parte
examinati
existentes
predict'
tamen
venationem
voluntarie
&
felonice
concealverunt
&
eorum
quilibet
voluntarie
&
felonice
concelavit
contra
pacem
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
presentem
diem
(
scil.
11.
die
Sept.
&c.
Anno
&c.
)
apud
C.
predict'
in
Com'
predict'
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
venatus
est
,
&
occidit
ubi
idem
A.
B.
nunquam
habuit
terras
aut
tenementa
ad
clarum
Annuum
valorem
xl
.
s.
in
dicti
Domini
Regis
contempt'
ac
contra
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
malefactoribus
&
Pacis
dicti
Domini
Regis
perturbatoribus
ignot'
vi
&
Armis
,
videlicet
Baculis
ferro
munit'
arcubus
sagittis
&c.
aliis
armis
tam
invasivis
q.
defensivis
clausum
&
Parcum
Eliz.
P.
viduae
apud
H.
sancti
Gregorii
in
Com'
predict'
injuste
fregerunt
&
intraverunt
&
Damas
ipsius
Eliz.
adtunc
&
ibidem
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
&
asportaverunt
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'
Yeoman
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
Greyhound
,
fugaverunt
&
chaceaverunt
&
dictum
Damam
apud
R.
infra
precinct'
forestae
predict'
cum
funibus
Anglice
vocat'
Halters
suspenderunt
&
occiderunt
&
ipsum
Damam
sic
suspens'
&
occisum
injuste
ceperunt
&
asportaverunt
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
Borshoulders
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
offence
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
unlawfull
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
Borshoulders
,
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
,
hereof
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
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
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
command
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
,
Setting
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
convenient
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
presentant
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
perturbatoribus
ignotis
vi
&
armis
,
viz.
Gladiis
&c.
clausum
&
parcum
cujusdam
P.L.
Armigeri
apud
J.
in
Com'
predict'
injuste
fregerunt
&
intraverunt
&
Damas
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
&
Chaceaverunt
&
unam
Damam
adtunc
&
ibidem
cum
Canibus
predictis
riotose
ceperunt
&
asportaverunt
contra
pacem
dicti
Domini
Regis
Coronam
&
dignitatem
suas
ad
Grave
Damnum
ipsius
F.
&
contra
form'
Statut'
in
hujusmod'
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
Warrant
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
behalf
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
Forfeiture
.
VII
.
Lambert
127.
Menacing
,
Affrays
,
Assaults
,
&c.
be
breaches
of
the
Peace
,
and
do
draw
after
them
the
Forfeiture
of
a
Recognizance
knowledged
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
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
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
Statutes
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
confession
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
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
,
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.
Justices
▪
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
attainted
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.
Coron.
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
distinctly
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
therefore
it
was
quasht
,
Crompt
.
120.
b.
§
7.
III.
Lambert
4.
cap.
4.
pag.
436.
Inquiry
on
33
H.
8.
1.
§
2.
N.
1.
Collusion
.
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
counterfeit
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
Tokens
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
Bargain
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
Parliament'
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
scienter
subtiliter
&
falso
fabricaret
sive
faceret
sive
subtiliter
causaret
,
seu
scienter
consentiret
fabricari
sive
fieri
aliquid
falsum
factum
,
Chartam
seu
scriptum
figillat'
Rotulos
Curiae
aut
Testament'
alicujus
personae
sive
personarum
in
scriptis
ea
intentione
quod
status
liberi
tenementi
seu
hereditatis
alicujus
personae
sive
personarum
de
in
aut
ad
aliqua
terras
tenement'
seu
hereditament'
liberae
tenurae
aut
customar'
vel
rectum
titulus
sive
interesse
alicujus
personae
sive
personarum
de
in
vel
ad
eadem
sive
aliquid
eorum
molestari
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
actionem
sive
actiones
fabricandi
falsa
facta
super
hoc
Statut'
fundand'
ad
sectam
partis
gravatae
vel
aliter
secundum
ordinem
&
debitum
cursum
legum
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
ubihujusmodi
convictio
foret
ac
etiam
statueretur
super
collistrigium
in
aliqua
aperta
villa
mercatoria
aut
alio
loco
aperto
&
ibidem
haberet
Ambas
aures
suas
abscissas
ac
nares
suas
interscissat'
&
in
partes
diversas
&
ferro
igneo
cauterisatas
sic
quod
remanere
possent
pro
perpetua
nota
&
signo
falsitatis
suae
&
foris
faceret
Domino
Regi
heredibus
&
successoribus
suis
integra
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
Statuto
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
&
falsa
imaginatione
conspiratione
&
Coruna
quoddam
falsum
factum
,
viz.
quandam
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
ostendit
,
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
presentant
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
exheredare
,
&
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
protectione
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
sigillum
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
&
contrafact'
Literis
Patent'
deceptive
&
proditorie
Apposuerunt
&
Annexerunt
,
&
easdem
literas
sigillaverunt
sigillum
illud
subtiliter
resciendendo
quasi
sic
non
fecissent
&
sic
magnum
sigillum
Domini
Regis
adtunc
&
ibidem
proditorie
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
&
proditorie
publicaverunt
&
diversas
pecuniarum
summas
de
diversis
ligeis
Domini
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
,
Forest
.
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
England
,
called
an
Niesse
,
Gossehawke
,
Tassell
,
Lanner
or
Lanneret
,
11
H.
7.
17.
§
1.
N.
2.
II.
Lambert
441.
License
.
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.
Market
overt
.
If
any
person
hath
Sold
,
or
hath
Bought
to
Sell
again
any
Partridge
,
Feasant
,
&c.
not
bred
up
in
house
.
IV.
Lambert
198
,
199.
Justices
▪
Every
Justice
of
Peace
may
examine
Offences
against
the
Statute
made
23
Eliz.
10.
§
5.
N.
1.
for
preservation
of
Pheasants
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
punishment
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
Freeholder
,
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
presentant
quod
W.
G.
de
S.
in
dicto
Com'
E.
Laborer
,
circiter
horam
10
ante
meridiem
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.
propria
)
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
contra
form'
cujusdem
Statut'
in
Parliament'
Domini
Henrici
nuper
Regis
Angl'
septimi
tent'
Anno
Regni
sui
11
in
hujusmodi
casu
provisi
ac
editi
.
Franchise
.
Liberties
,
Bayly
,
Sheriffs
.
I.
42
Ed.
3.
9.
§
1.
N.
6.
Green
Wax
.
Estreats
of
the
Green
Wax
shall
not
be
doubled
by
the
Sheriffs
,
but
the
Copy
of
the
Estreats
wherein
they
touch
the
Franchises
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.
Amerciament
.
And
that
the
Amerciaments
for
insufficient
Retorns
of
Writs
,
or
their
Process
made
by
Stewards
or
Bayliffs
of
Liberties
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
,
Justices
.
and
determine
defaults
of
Sheriffs
and
Bayliffs
,
on
Forcible
Entries
.
IV.
27
H.
8.
24.
§
17.
N.
1.
Appearance
.
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
,
Enquest
.
&c.
in
Retorn
of
Jurors
.
VI.
Crompt
.
80.
Justices
.
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.
Justices
.
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.
Affray
.
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.
Acc.
S.
Stat.
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
Hundred
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.
Franchise
.
III.
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.
Notice
.
IV.
13
Ed.
1.
&
2
Winch.
cap.
1.
§
1.
N.
4.
That
Cries
shall
be
solemnly
made
in
all
Counties
,
Hundreds
,
Markets
,
Fairs
,
and
all
other
places
,
where
great
resort
of
People
is
,
so
that
none
shall
excuse
himself
by
ignorance
,
that
from
henceforth
every
County
be
so
well
kept
,
that
immediately
upon
such
Roberies
and
Felonies
Committed
,
Fresh
Suit
shall
be
made
from
Town
to
Town
,
and
from
Country
to
Country
.
Limitation
▪
V.
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.
Sheriffs
.
VI.
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
provide
remdy
as
afore
is
said
,
2
Ed.
3.
6.
Coron.
VII
.
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
thereupon
,
shall
be
attached
to
be
before
the
Justices
of
the
Goal
,
&c.
Stamf.
50.
Lect.
VIII
.
18
Ed.
●
.
pag.
84.
§
1.
N.
17.
The
Frank
pledge
to
Inquire
of
Cries
levied
and
not
pursued
.
Enquest
.
IX
.
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
Hundreds
,
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
Counties
,
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
,
within
which
it
behoveth
them
to
make
Gree
,
&c.
Sessions
.
X.
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
Record
of
the
Tower
is
but
40
days
,
according
to
28
Ed.
3.
11.
§
1.
N.
7.
Crompt
.
179.
Notice
.
XI
.
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
Felons
,
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.
Officer
.
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
,
Trespass
.
If
one
Neighbour
may
not
take
anothers
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.
Process
.
No
Capias
lyeth
where
a
man
is
condemned
for
not
persuing
the
Hue
and
Cry
,
Execution
34.
XV.
Crompt
.
179.
If
the
Felon
be
not
taken
within
40
days
,
Action
S.
Stat
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
,
Joynder
.
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
apprehended
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
Defendants
,
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
Offenders
,
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
,
Justices
.
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.
Notice
.
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.
Officer
.
Also
the
Officers
of
every
Town
to
which
Hue
and
Cry
shall
come
,
ought
to
search
in
all
suspected
Houses
and
places
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.
Justices
.
XX.
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
.
London
.
XXI
.
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
Gulielmo
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
interfectorum
secundum
legem
&
consuetudinem
Regni
Teste
Rege
apud
Woodstock
22
die
August
.
Dayes
.
XXII
.
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.
Watch.
XXIII
.
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
presenttant
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'
Domini
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
presentant
quod
ubi
Homines
&
Inhabitantes
Hundredi
de
F.
in
Com'
predict'
Antiquitus
(
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
cujus
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
predictas
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
Henrici
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
Parliament'
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
minus
si
Malefactores
fuerunt
de
alia
patria
eorum
receptores
fuerunt
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
feloniis
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
ignorantiam
se
possint
excusare
&
quod
quaelibet
patria
extunc
sic
possint
custodiri
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
quaelibet
patria
scilicet
homines
in
Patria
Commorantes
responderent
de
roberiis
factis
&
Damnis
sic
quod
totum
Hundred
'
ubi
Roberia
facta
fuit
cum
Franchesiis
quae
essent
infra
precinctum
ejusdem
Hundred
'
responderet
de
Roberiis
factis
:
&
si
Roberia
foret
in
divisis
duorum
Hundred
'
in
hujusmodi
casu
responderent
inde
ambo
Hundred
'
simul
cum
Franchesiis
quae
forent
infra
precinct'
Hundred
'
predict'
&
longioris
temporis
spacium
non
haberet
patria
post
Roberiam
&
felonias
fact'
quam
Dimidium
Anni
(
nunc
40
dierum
)
infra
quod
faceret
emend'
de
Roberia
vel
de
Malefactis
vel
responderent
de
corporibus
malefactorum
prout
in
Statut'
predicto
plenius
continetur
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
&
Centum
libris
de
denariis
ipsius
O.
ibidem
invent'
felonice
ab
eodem
O.
spoliaverunt
ceperunt
&
asportaverunt
contra
pacem
&c.
qui
quidem
O.
immediate
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
ejusdem
Villae
de
Roberia
illa
dedit
&
post
Roberiam
illam
dimidium
Anni
(
nunc
40
dies
)
jam
preterierint
ibidem
tamen
Inhabitantes
emend'
de
Roberia
predict'
fact'
O.
huc
usque
non
fecerunt
nec
Corpora
felonum
&
malefactorum
predict'
ceperunt
neque
de
Corporibus
eorum
hucusque
responderunt
sed
malefactores
&
felones
illos
evadere
permiserunt
in
dicti
Domini
Regis
contempt'
&
ipsius
O.
Grave
Damnum
&
contra
form'
Statut'
predicti
&c.
3.
Brownl.
224.
XXVII
.
Kilb.
Precedents
161
,
162.
The
Examination
of
a
Person
Robbed
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
Second
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
Footmen
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
Examinant
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
present
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
Majesties
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
Feloniously
take
and
carry
away
from
him
the
said
A.
B.
100
l.
in
Moneys
Numbred
,
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
Committed
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
within
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
several
other
Felonies
;
and
notwithstanding
several
endeavours
for
the
apprehension
of
him
,
he
hath
not
as
yet
been
apprehended
,
but
hath
withdrawn
himself
and
is
fled
:
These
are
therefore
in
His
Majesties
Name
,
to
Command
you
,
and
every
of
you
,
to
make
diligent
search
within
your
several
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
prosecuting
the
Hue
and
Cry
on
Robery
and
Burglary
.
Essex
ss.
Juratores
pro
Domino
Rege
supra
Sacramentum
suum
presentant
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
&
asportaverunt
contra
Pacem
dicti
Domini
Regis
nunc
Coronam
&
dignitatem
suas
predictusque
A.
B.
immediate
post
Burglariam
&
Feloniam
predict'
in
forma
predict'
fact'
&
perpetrat'
viz.
20
die
Martii
Anno
supradicto
circa
horam
Nonam
in
nocte
ejusdem
diei
apud
C.
predict'
levavit
&
levari
procuravit
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
vestigationis
&
prosecutionis
Feloniae
&
Burglariae
Hutesii
&
Clamoris
predict'
per
notitiam
&
monitionem
adtunc
dat'
C.
D.
adtunc
Constabulario
de
S.
predict'
in
Com'
predict'
Yeoman
&
E.
F.
de
eodem
Laborer
Hutetiam
&
Clamorem
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'
predict'
&
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
,
Vnlawful
Games
.
I.
33
H.
8.
9.
§
3.
N.
5.
Apprentice
.
And
after
Children
and
Servants
come
to
the
age
of
17
years
,
every
of
them
shall
provide
and
have
a
Bow
and
four
Arrows
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.
Process
.
Every
Justice
of
Peace
may
as
well
within
the
Liberties
as
without
,
enter
into
any
Common
house
or
place
where
any
playing
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
untill
those
Keepers
find
Sureties
to
the
Kings
use
,
to
be
bound
by
a
Recognizance
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
Obligation
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.
Apprentice
.
III.
Lambert
174
,
&
175.
If
any
Artificer
of
any
occupation
,
or
any
Husbandman
,
Apprentice
,
Laborer
,
Servant
at
Husbandry
,
Journyman
,
or
any
servant
of
Artificer
,
or
any
Mariner
,
Fisherman
,
Waterman
,
or
Servingman
,
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.
War
.
IV.
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.
Ability
.
V.
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
spiritual
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
,
untill
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
,
having
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.
Archers
.
VI.
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
inhabitants
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.
Bowls
.
VII
.
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
Manwood
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.
Imprisonment
.
Justices
of
Peace
and
head
Officers
who
find
or
know
any
person
using
unlawfull
Games
against
33
H.
8.
9.
§
14.
N.
1.
may
Commit
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
,
Dayes
.
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
after
the
Offence
Committed
,
otherwise
no
advantage
or
Suit
thereof
shall
be
taken
,
as
appears
by
the
said
Statute
.
Prohibition
.
XI
.
Dalt
.
64.
cap.
23.
But
Inquire
what
Games
shall
be
said
to
be
unlawfull
,
&c.
Quaere
of
Dancing
of
the
Morrice
,
or
other
open
Dancings
,
Bear-baytings
,
Common
Playes
and
Fencings
,
all
these
seem
to
be
prohibited
by
39
Eliz.
4.
§
.
N.
Dayes
.
XII
.
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
Warrant
under
his
or
their
hand
and
Seal
to
the
Constables
and
Churchwardens
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.
Warren
.
XIII
.
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
Arrest
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
conveyer
,
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
.
Ability
.
XIV
.
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.
Warren
.
XVI
.
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.
Days
.
XVII
.
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.
Fowl
.
XVIII
.
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.
Enquest
.
XIX
.
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.
concerning
shooting
in
Guns
and
Cross-bows
,
and
the
Fine
of
every
such
Juror
that
is
Convict
of
such
Offence
is
20
s.
Justices
.
XX.
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
.
Apprentices
.
XXI
.
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
.
Process
.
XXII
.
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
admitmitted
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
presenttant
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
usitaverunt
ac
tunc
ibidem
cum
Globis
Anglice
vocat'
Bowls
insimul
&
illicite
luserunt
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.
Peace
.
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
Company
,
or
by
his
or
their
Weapons
or
Harness
,
Dalt
.
187.
infra
§
12.
Recognizance
II.
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
Dominum
Regem
&
cunctum
populum
suum
&
precipue
erga
T.
B.
with
those
other
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
,
Condition
.
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
defamed
,
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
nihil
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
,
Justices
.
to
understand
concerning
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
Chastice
Offenders
,
viz.
against
the
Peace
,
Rioters
and
Barretors
,
then
it
willeth
them
34
Ed.
3.
1.
§
1.
N.
4.
To
Inquire
of
such
as
having
been
Robbers
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
.
Writs
.
V.
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
perturbers
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
dispositionis
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
fuerimus
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
imponend'
tam
pro
die
sua
conservand'
quod
pro
seipsis
medio
tempore
b●ne
gerend'
in
Ballium
usque
ad
prefatum
Terminum
dimittatis
&
pro
officiorum
in
hac
parte
faciend'
duos
solidos
&
quatuor
denarios
de
utroque
prefatorum
A.
B.
&
J.
C.
solummodo
capias
&
hoc
nullatenus
omittatis
periculo
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
,
Barrators
,
Misfeasors
,
and
those
that
are
not
of
good
Fame
,
shall
be
bound
to
the
Good
Behaviour
.
Forfeiture
.
VI.
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
eftsoons
offend
against
the
said
Statutes
.
Imprisonment
VII
.
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
Constable
Arrest
him
to
find
Surety
of
his
Good
Abearing
,
Crompt
.
135.
b.
Dalt.
189.
Bastardy
.
VIII
.
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
mischiefs
might
be
either
prevented
or
punished
thereby
,
Dalt
.
191.
Suspition
.
IX
.
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.
Justices
.
Now
the
further
that
this
Bond
of
the
Good
Abearing
doth
extend
,
the
more
regard
there
ought
to
be
taken
in
the
Awarding
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.
Justices
.
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
,
Peace
.
(
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
causes
to
bind
a
man
to
the
Peace
,
yea
they
are
breaches
of
the
Peace
,
&c.
XIII
.
Dalt
.
187.
Recognizance
.
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.
Justices
.
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
,
Coron.
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
,
Suggestion
.
and
without
complaint
may
bind
to
the
Good
Behaviour
,
any
other
person
which
in
his
presence
or
hearing
,
shall
misbehave
himself
in
some
outragious
manner
of
Force
or
Fraud
,
and
may
Commit
such
person
to
the
Goal
if
he
refuse
to
be
bound
.
Recognizance
.
XVIII
.
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
account
,
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
.
London
.
XIX
.
Crompt
.
140.
§
21.
One
who
had
ill
Women
in
his
House
in
London
,
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.
Fresh
Suit
.
Also
the
Good
Behaviour
seemeth
grantable
against
such
as
shall
make
false
Outcryes
,
or
shall
raise
Hue
and
Cry
without
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
Committed
.
Collusion
.
XXI
.
Dalt
.
190.
Also
it
seemeth
grantable
against
Cheaters
and
Coseners
.
Slander
.
XXII
.
Dalt
.
190.
ibid.
Libellers
it
seemeth
also
my
be
bound
to
their
Good
Behaviour
as
Disturbers
of
the
Peace
,
whether
they
be
the
Contrivers
,
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
.
Execution
.
XXIII
.
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.
Contempt
.
XXIV
.
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
Behaviour
.
Religion
.
XXV
.
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
.
Pope
.
XXVI
.
Dalt
.
192.
§
5.
Popish
Recusants
absenting
from
Church
,
shall
be
bound
in
B.
R.
by
23
Eliz.
1.
§
5.
N.
2.
Pardon
.
XXVII
.
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.
Coro
XXVIII
.
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
,
Ale
.
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
,
Release
.
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.
Supersedeas
.
It
seemeth
also
a
Supersedeas
of
the
Good
Behaviour
my
be
granted
by
the
Justices
of
Peace
(
as
well
as
for
the
Peace
mutatis
mutandis
)
upon
Good
Sureties
,
&c.
Crompt.
237.
Dalt
.
365.
cap.
122.
&
390.
XXXII
.
Cr.
146.
Certiorari
.
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
Ashenhurst
,
Dalt.
193.
cap.
75.
&
366.
cap.
122.
18
Ed.
4.
17.
&
Condition
.
Br.
162.
XXXIII
.
Lambert
2.
cap.
2.
pag.
121.
Process
.
The
Precept
of
the
Good
Abearing
.
Kent
ss.
B.
A.
&
E.
S.
Two
of
the
Justices
of
the
Peace
of
our
Soveraign
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
Borsholders
of
the
Town
of
E.
in
the
said
Hundred
,
and
to
every
of
them
Greeting
:
Forasmuch
as
A.
B.
of
E.
aforesaid
,
is
not
of
Good
Fame
,
nor
of
honest
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
towards
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.
Recognizance
.
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
predict'
R.
P.
viz
quilibet
eorum
seperatim
sub
poena
Cent'
solid'
quod
idem
R.
P.
personaliter
comparebit
coram
Justiciariis
dicti
Domini
Regis
ad
pacem
&c.
ad
proximam
generalem
sessionem
&c.
&
quod
ipse
interim
se
bene
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
laedere
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
predict'
R.
P.
dict'
ducent'
librarum
Recognoverunt
se
debere
dicto
Domino
Regi
de
terris
&
tenement'
Bonis
&
Catallis
suis
&
quorumblibet
&
cujuslibet
eorum
ad
opus
ipsius
dicti
Domini
Regis
fieri
&
levari
si
contingat
prefatum
R.
P.
in
aliquo
premissorum
deficere
&
inde
legitimo
modo
convinci
,
&c.
Dat.
&c.
Dalt.
370.
cap.
123.
Kilborns
Precedents
192.
Condition
.
XXXV
.
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
Regem
&
cunctum
populum
suum
&
nullum
Damnum
Corporale
&c.
extunc
Recognitio
predicta
pro
nullo
teneatur
alioquin
in
suo
robore
permaneat
Dalt
.
●71
.
cap.
123.
Supersedeas
.
XXXVI
.
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
eodem
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
vestrum
mando
&
precipio
firmiter
injungens
quod
de
ipso
J.
S.
pro
hujusmodi
securitat'
&c.
inveniend'
capiend'
sive
Arrestand
'
omnino
supersed'
&
si
ipsum
J.
S.
ea
occasione
ceperitis
sive
Imprisonaveritis
tunc
eum
deliberari
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
notwithstanding
the
Joyning
of
two
Justices
herein
,
and
one
of
the
Quorum
if
they
may
conveniently
.
XXXVIII
.
Crompt
.
138.
§
3.
Justices
.
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
party
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.
Condition
.
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
Majesty
and
all
his
Liege
People
,
That
then
,
&c.
XL.
Dalt
.
371.
Or
this
,
Conditio
Recogn'
predict'
talis
est
quod
si
predict'
N.
G.
Imposterum
se
bene
Geret
(
&
pacem
Domini
Regis
conservabit
)
erga
dict'
Dominum
Regem
&
cunctum
populum
suum
quod
tunc
Recognitio
predicta
pro
nullo
teneatur
alioquin
in
suo
Robore
permanere
.
XLI
.
Dalt
.
365.
Note
that
such
supersedeas
,
(
viz.
supra
§
36.
)
is
good
,
Supersedeas
.
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
appear
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
.
Market
overt
.
I.
Lambert
448.
Inquiry
in
Sessions
,
if
any
Inholder
,
&c.
or
other
Seller
of
Victual
,
have
not
Sold
the
same
at
reasonable
prizes
,
23
rd
.
3.
6.
&
13
R.
2.
&
Crompt
.
67.
b.
91.
b.
Corporation
.
II.
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
Apprentice
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
,
Fees
.
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
,
Ale
.
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
(
except
such
as
shall
be
invited
thither
by
a
Travellor
,
and
during
his
necessary
abode
there
,
&c.
except
allowed
by
two
Justices
of
Peace
,
the
said
offence
being
seen
by
any
Justice
of
Peace
within
his
Limits
,
or
confest
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
Tavern
,
or
in
any
Inn
,
&c.
in
the
same
Town
where
he
dwelleth
,
nor
dwelling
within
two
Miles
thereof
,
except
he
be
a
Traveller
,
and
so
Sir
Francis
Harvey
Knight
delivered
it
in
his
charge
at
Cambridge
Summer
Assizes
,
Anno
1629.
VI.
Dalt
.
28.
cap.
7.
If
a
Common
Inholder
,
&c.
Wayes
.
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
Officer
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
Commission
.
And
at
Lent
Assises
Anno
1622.
Sir
James
Leigh
Lord
Cheif
Justice
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
grieved
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
,
Licence
.
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
Indicted
,
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
Abby
.
I.
Lambert
463.
Inquiry
in
Sessions
,
if
any
owner
of
any
Scite
or
Precinct
,
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.
Leases
.
II.
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.
Justices
.
III.
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
.
Catle
.
IV.
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
Indicted
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
.
Days
.
VI.
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
.
Justices
.
VII
.
Lamb.
463
,
464.
Note
that
the
Offences
against
the
Statute
of
Husbandry
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
presentant
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
&
custodit
ad
Grave
Nocument'
J.
R.
R.
T.
&
W.
M.
de
A.
predict'
in
Com'
E.
predict'
vicinorum
ibidem
existent'
ac
contra
formam
diversorum
Statutorum
in
hujusmodi
casu
provisorum
&
editorum
.
IX
.
West
.
Symb.
2.
part
131.
Sect.
209.
An
Indictment
of
decaying
houses
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
cultura
&
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
&
singulari
commodo
suo
tres
agricolas
dictorum
septem
de
tribus
de
predict'
septem
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
centum
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
captionis
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
,
Process
.
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
,
Peace
.
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
Justice
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
Process
.
III.
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.
Constable
.
IV.
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
without
any
Fine
taking
.
Affray
.
V.
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
Delivery
.
Constable
.
VI.
Lambert
133
,
134.
And
yet
when
the
Constable
hath
taken
an
Affrayer
,
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.
Justices
.
VII
.
3
Cr.
8.
29.
pl.
35.
Scamage
and
Tateham
,
Hill
.
43
Eliz.
Rot.
1831.
False
Imprisonment
in
London
from
10
Septemb.
unto
29
Septemb.
Defendant
Justifies
as
Mayor
and
Justice
of
Peace
of
P.
that
Robery
was
Committed
,
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
cannot
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
Examination
,
which
was
not
Lawfull
.
Dayes
.
VIII
.
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.
Sheriffs
.
IX
.
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
untill
that
convenient
provision
of
strength
may
be
made
to
convey
him
safely
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.
Process
.
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
it
s
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
,
Constable
.
and
the
Constable
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
Delivery
,
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
,
Justices
.
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
,
Amerciament
.
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
,
after
the
Fine
tendered
▪
Imprisonment
Br.
100.
which
saith
that
it
was
so
determined
in
Parliament
,
Ann.
2.
Mar.
1.
But
if
the
Statute
gives
Imprisonment
,
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
.
Arrest
.
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
,
Games
.
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
being
Licensed
,
Ale
.
the
Justices
may
Commit
to
Prison
without
Bayl
or
Mainprise
,
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.
peace
.
XX.
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.
Dignity
.
XXI
.
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.
Coverture
68.
Com.
364.
Dr.
&
Stud.
147
,
148.
Lamb.
81
,
82.
Coron.
XXII
.
Dalt
.
336.
cap.
118.
For
Misdemeanours
done
against
the
Kings
Peace
,
as
for
Treason
,
Felony
,
or
breaking
of
the
Peace
,
&c.
the
Offenders
as
well
by
the
Common
Law
,
as
by
divers
Statutes
,
may
be
arrested
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.
Arrest
.
XXIII
.
Dalt
.
337.
cap.
118.
Any
man
suspecting
another
of
a
Felony
committed
,
or
only
intended
,
may
arrest
him
,
so
as
thereupon
he
commits
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.
Suggestion
.
XXIV
.
Dalt
.
338.
cap.
118.
The
Justice
of
Peace
upon
his
own
motion
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
.
Process
.
XXV
.
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
.
Lieu.
XXVI
.
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
Common
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.
Fresh
Suit
.
XXVII
.
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
Authority
than
a
private
man
,
Fresh
suit
,
Br.
3.
Com.
37.
Days
.
XXVIII
.
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.
Escape
.
And
of
like
Condition
(
viz.
Vniversal
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
restrained
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.
Rescous
.
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.
Escape
.
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
Rescous
of
one
Imprisoned
in
the
Stocks
for
Felony
.
Kanc.
ss.
Juratores
pro
Domino
Rege
(
super
sacramentum
suum
)
presentant
quod
20
die
Junii
Anno
&c.
quidam
A.
B.
nuper
de
C.
in
Com'
predict'
Glover
,
apud
C.
predict'
in
Com'
predict'
captus
est
&
Arrestatus
per
E.
F.
de
C.
predict'
in
Com'
predict'
Yeoman
pro
suspitione
cujusdam
Feloniae
,
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
Cippis
ibidem
posuit
ad
eum
salvo
ibidem
custodiend'
donec
idem
Constabularius
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'
predict'
Glover
apud
C.
predict'
in
dicto
Comitatu
vi
&
armis
Cippos
predictos
effregit
ac
eundem
A.
B.
tunc
ibidem
existent'
ex
eisdem
custodia
Prisona
&
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.
predict'
in
Com'
predict'
vi
&
armis
predictam
Prisonam
ibidem
felonice
fregit
ac
extra
custodiam
dicti
Constabularii
tunc
ibidem
contra
ejus
voluntatem
felonice
evasit
contra
pacem
dicti
Domini
Regis
nostri
nunc
Coronam
&
Dignitatem
suas
,
necnon
contra
form'
Statuti
in
hujusmodi
casu
editi
&
provisi
.
XXXIV
.
Crompt
.
49.
b.
Escape
.
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
it
s
not
material
whither
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.
Coron.
XXXV
.
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
after
was
Indicted
for
the
Escape
,
but
here
considering
the
Prisoner
was
found
not
Guilty
for
the
first
Felony
,
therefore
his
Escape
from
the
Constable
was
holden
not
to
be
Felony
,
and
so
I
have
known
the
Jury
directed
by
the
Judge
of
Assize
.
Rescous
.
XXXVI
.
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
taken
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
.
Process
.
XXXVII
.
Lambert
.
294
,
295.
Such
Justice
of
Peace
as
Committed
for
any
offence
,
any
person
to
Prison
,
refusing
to
defray
the
Charges
for
conveying
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
according
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
herewithal
the
Body
of
A.
B.
late
of
C.
Laborer
,
brought
before
me
this
present
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
immediately
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
Warrant
or
Mittimus
to
answer
to
such
things
as
shall
be
Objected
against
him
,
is
utterly
against
the
Law
.
Poor
▪
XL.
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
,
Information
,
Aprovement
.
I.
Lambert
20.
&
21.
Justices
.
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.
Certiorari●
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.
Ordinary
.
The
King
will
that
his
Justices
shall
not
Impeach
the
Ordinaries
nor
their
Ministers
,
because
of
such
Indictments
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
,
Enquest
.
viz.
by
denomination
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.
Addition
.
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.
Sheriffs
.
(
viz.
That
no
Process
shall
be
made
by
them
)
but
that
Sheriffs
,
and
their
Under-Sheriffs
,
Clerks
or
Bayliffs
,
and
their
Ministers
,
shall
bring
,
present
,
and
deliver
all
such
Indictments
and
Presentments
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
,
Accessory
.
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
Justices
of
Goal
Delivery
,
Justices
of
Peace
,
Justices
.
and
all
other
Justices
and
Commissioners
to
proceed
upon
all
the
Bodies
,
and
Indictments
so
removed
(
and
remanded
from
B.
R.
)
after
the
course
of
the
Common
Law
,
as
if
never
removed
,
&c.
Amendment
.
IX
.
37.
H.
8.
8.
§
1.
N.
4.
That
these
words
Vi
and
armis
,
viz.
cum
Baculis
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.
Days
.
X.
Lambert
4.
cap.
4.
pag.
479.
This
also
is
generally
true
,
That
all
Bills
,
Informations
and
Indictments
grounded
upon
penal
Statutes
,
wherein
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
commence
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.
Amendment
.
XI
.
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.
Exposition
.
XII
.
Lambert
492
,
493.
In
an
Indictment
of
Murder
,
murdravit
is
necessary
,
Crompt
,
101.
§
4.
of
Burglary
must
be
burglariter
,
&c.
Crompt
.
106.
§
12.
of
Rape
quod
felonice
rapuit
,
&c.
Dalt
.
403.
cap.
131.
Acc.
S.
Stat.
XIII
.
Lambert
494
,
495.
And
if
the
Indictment
be
founded
upon
a
Statute
,
it
ought
to
say
contra
form'
Statuti
in
hujusmodi
casu
editi
&
provisi
;
or
when
many
Statutes
do
concern
one
Offence
,
as
in
the
case
of
Liveries
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
Statuti
,
&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
beginnings
,
Continuances
,
and
Prorogations
or
Dissolutions
of
the
Parliaments
,
lest
by
mistaking
any
of
them
,
the
whole
Indictment
fall
to
the
ground
thereby
;
Dyer
203.
Crompt
.
104.
§
51
,
53.
Justices
.
XIV
.
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
enquire
.
Sheriffs
.
XV.
Lambert
496.
And
they
may
also
receive
Indictments
taken
before
the
Sheriff
in
his
Turn
lawful
,
that
is
to
say
,
so
that
the
Turn
be
holden
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.
Lect.
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
,
Justices
.
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
within
the
space
of
forty
days
,
&c.
32
H.
8.
13.
§
8.
N.
2.
XVIII
.
Lamb.
497.
Justices
.
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.
Forests
.
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.
Records
.
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
.
Sheriffs
.
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.
Justices
.
And
for
that
end
viz.
that
the
Justices
of
office
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
rather
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
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
.
And
seeing
that
the
Justices
do
commonly
receive
the
Bills
from
the
Enquest
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
Justices
.
XXIII
.
Crompt
.
101.
§
1.
The
Court
of
Office
ought
to
see
that
the
Indictments
be
sufficient
in
matter
apparent
,
Lamb.
498.
&
24
Ed.
3.
74.
Counsel
.
XXIV
.
Crompt
.
105.
§
56.
The
Defendant
shall
not
have
Counsel
against
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.
Aprovement
.
XXV
.
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.
Justices
.
XXVI
.
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.
Suggestion
.
XXVII
.
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.
Officer
.
XXVIII
.
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.
Constable
.
XXIX
.
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.
Ways
.
XXX
.
Lamb.
500.
But
I
doubt
whether
any
such
force
be
in
a
Presentment
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
.
Suggestion
.
XXXI
.
25.
Ed.
3.
Stat.
5.
cap.
4.
§
1.
N.
2.
None
shall
be
taken
by
suggestion
or
Petition
to
the
King
or
Counsel
,
unless
it
be
by
Indictment
,
and
Presentment
,
&c.
Poult
.
de
Pace
148.
§
7.
Riot
.
XXXII
.
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.
Tryal
.
XXXIII
.
Crompt
.
125.
b.
A
Presentment
,
Bill
or
Information
against
Drovers
and
Badgers
on
5
Eliz.
12.
§
N.
on
Examination
of
two
lawful
Witnesses
shall
be
as
if
he
had
been
indicted
by
twelve
men
.
Infant
.
Amerclament
.
I.
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
.
War
.
II.
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.
Articles
on
Winch.
repeal'd
,
21
Jac.
28.
§
11.
N.
44
,
69.
Apprentice
.
III.
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.
Covenant
.
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.
Poor
.
That
Church-wardens
and
Overseers
by
consent
of
two
Justices
,
may
bind
poor
Children
Apprentices
,
until
Men
come
to
24
,
and
Women
to
20.
&c.
VI.
Dalt
.
199
,
200.
cap.
77.
Force
.
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
Justice
may
fine
him
therefore
,
but
yet
it
shall
be
good
Discretion
in
the
Justice
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
Infant
is
not
expresly
named
,
7
Jac.
6.
§
.
N.
VII
.
Dalt
.
222.
cap.
88.
Also
Women
and
Children
may
commit
a
force
,
Peace
.
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
,
Good
behaviour
.
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.
Ideor
.
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.
Forfeiture
.
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
Suggestion
,
Presentment
.
Suggestion
.
I.
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.
Acc.
S.
Stat.
II.
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
therefore
that
Course
is
holden
now
in
special
Statutes
only
,
2
Inst.
420.
Information
.
III.
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.
Addition
.
IV.
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.
Addition
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
.
Evidence
.
V.
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.
Suits
.
VI.
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
.
Parliament
.
VII
.
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
Party
;
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
other
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.
Enquest
.
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
enquired
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.
Cattel
.
Moity
of
forfeiture
for
not
rearing
Milch-Kine
,
&c.
to
party
,
that
within
one
year
after
the
Offence
committed
,
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
,
Tryals
.
(
viz.
3
H.
7.
1.
§
1.
N.
4.
)
were
wilful
in
their
Concealments
,
it
was
provided
within
eight
years
after
(
viz.
11
H.
7.
3.
§
1.
N.
3.
)
that
the
Justices
of
the
Peace
should
determine
Causes
upon
Information
without
any
such
Presentment
,
but
many
times
in
vitium
du●it
culpae
fuga
,
and
therefore
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
,
Evidence
.
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
,
Agreement
.
if
any
common
Informer
or
Promoter
(
as
he
is
commonly
called
)
have
compounded
or
agreed
with
any
person
for
any
Offence
against
any
Penal
Law
without
the
Order
and
Consent
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
,
Appearance
.
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
upon
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.
Cattel
.
Justices
of
Peace
may
hear
and
determine
by
Presentment
,
Bill
,
Information
,
or
Plaint
,
the
Offences
of
such
as
kill
Waynlings
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
examination
as
by
Presentment
,
Coron.
to
hear
and
determine
the
Offences
of
Coronors
for
not
executing
their
Office
according
to
the
Statute
.
Maintenance
.
XVI
.
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
,
Archery
,
Unlawfull
Games
,
Forestallers
,
Regrators
,
Victuallers
,
and
Innholders
,
by
33
H.
8.
10
§
N.
&
37
H.
8.
7.
Pope
.
XVII
.
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
.
Justice
.
I.
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.
Fees
.
II.
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
exceed
not
in
value
40
s.
by
the
year
,
and
2
s.
6
d.
if
it
do
exceed
that
value
,
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
exceeds
not
xl
.
s.
per
Annum
,
or
above
2
s.
6.
where
the
Land
exceeds
the
value
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
.
Bastardy
.
I.
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
Imprisonment
of
Ed.
2.
Commission
.
)
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
people
,
and
translated
to
the
Assignment
of
the
King
.
II.
Lambert
1.
cap.
5.
pag.
26.
Patents
:
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
ordinarily
given
to
the
Commissioners
of
the
Peace
by
their
Commission
,
Marrow
.
III.
Lambert
1.
cap.
7.
pag.
33
,
34.
Joynder
.
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
,
Peace
.
&c.
Salutem
,
2.
sciatis
quod
assignavimus
vos
conjunctim
&
divisim
&
quemlibet
vestrum
Justiciarios
nostros
ad
Pacem
nostram
in
Com'
nostro
Middlesex
conservand'
3.
ac
ad
ea
omnia
Ordinationes
&
Statuta
pro
bono
Pacis
ac
pro
conservatione
ejusdem
,
Statutes
.
&
pro
quieto
regimine
&
gubernatione
populi
nostri
edita
in
omnibus
&
singulis
suis
articulis
in
dicto
Comitatu
nostro
tam
infra
Libertates
quam
extra
,
juxta
vim
,
formam
,
&
effectum
eorundem
custodiend'
&
custodiri
faciend'
:
Contempt
.
4.
&
ad
omnes
contra
formam
&
Ordinationum
,
vel
Statutorum
,
vel
eorum
alicujus
in
Comitatu
predicto
Delinquentes
castigand'
&
puniend'
prout
secundum
formam
Ordinationum
vel
Statutorum
illorum
fuit
faciend'
,
Coron.
5.
&
ad
omnes
illos
qui
alicui
vel
aliquibus
de
populo
nostro
de
corporibus
suis
,
vel
de
incendio
domorum
suarum
minas
fecerint
ad
sufficientem
securitatem
de
pace
,
vel
bono
gestu
suo
erga
nos
&
populum
nostrum
inveniend'
coram
vobis
seu
aliquo
vestrum
venire
faciend'
,
&
si
hujusmodi
securitatem
inveniri
recusaverint
,
tunc
eos
in
Prisonis
nostris
quouscunque
hujusmodi
securitatem
invenerint
salvo
custodiri
faciend
.
Enquest
.
6.
Assignavimus
etiam
vos
&
quoslibet
duos
vel
plures
vestrum
quorum
aliquem
vestrum
vos
prefat'
Principem
Rupertum
,
Dom.
Cancellarium
Angliae
,
&c.
unum
esse
voluimus
Justiciarios
nostros
ad
inquirendum
per
Sacramentum
proborum
&
legalium
hominum
de
Comitatu
predicto
,
per
quos
rei
veritas
melius
sciri
poterit
de
omnibus
&
omnimodis
feloniis
,
veneficiis
incantationibus
sortilegiis
Arte
Magica
,
transgressionibus
forestallariis
regratariis
,
ingrossariis
&
extortionibus
quibuscunque
,
7.
ac
de
omnibus
&
singulis
aliis
maleficiis
&
offensis
,
Enquest
.
de
quibus
Justiciarii
pacis
nostrae
legitime
inquirere
possunt
aut
debent
per
quoscunque
&
qualitercunque
in
Comitatu
predicto
factis
sive
perpetratis
vel
quae
imposterum
ibidem
fieri
vel
attemptari
contigerit
,
Riot
.
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
,
Intendment
.
Measures
.
vel
imposterum
jacere
presumpserint
,
10.
ac
etiam
de
Hostellariis
&
iis
omnibus
&
singulis
personis
qui
in
abusu
ponderum
vel
mensurarum
sive
in
venditione
vectualium
contra
formam
Ordinationum
vel
Statutorum
vel
eorum
alicujus
inde
pro
communi
utilitate
regni
nostri
Angliae
&
populi
nostri
ejusdem
deliquerunt
vel
attemptanerunt
,
seu
imposterum
delinquere
vel
attemptare
presumpserint
in
Comitatu
predicto
,
Officers
.
11.
ac
etiam
de
quibuscunque
Vicecomitibus
Ballivis
Seschallisne
Constabulariis
Custodibus
Goalarum
&
aliis
Officiariis
qui
in
executione
officiorum
suorum
circa
premissa
,
seu
eorum
aliqua
indebite
se
habuerunt
,
aut
imposterum
indebite
se
habere
presumpserint
,
aut
tepidi
remissi
vel
negligentes
fuerunt
,
aut
imposterum
fore
contigerit
in
Com'
predicto
,
Enquest
.
12.
&
de
omnibus
&
singulis
Articulis
&
Circumstantiis
&
aliis
rebus
quibuscunque
,
per
quoscunque
&
qualitercunque
in
Com'
predicto
factis
sive
perpetratis
,
vel
quae
imposterum
ibidem
fieri
vel
attemplari
contigerit
qualitercunque
premissorum
,
vel
eorum
alicujus
concernentibus
plenius
veritatem
,
Endictment
.
13.
&
ad
indictamenta
quaecunque
sic
coram
vobis
seu
aliquibus
vestrum
capta
sive
capienda
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
imposterumindictari
contigerit
quousque
capiantur
reddant
se
vel
Utlagentur
faciend'
&
continuand'
,
Oyer
.
14.
&
ad
omnia
&
singula
felonias
veneficia
Incantationes
sortilegia
Artes
Magicas
transgressiones
forestallarias
regratarias
ingrossarias
extortiones
conventicula
Indictamenta
predicta
ceteraque
omnia
&
singula
premissa
secundum
Leges
&
Statuta
regni
nostri
Angliae
prout
in
hujusmodi
casu
fieri
consuevit
aut
debuit
audiendum
&
terminandum
&
ad
eosdem
delinquentes
&
quemlibet
eorum
pro
delictis
suis
per
fines
redemptiones
amerciamenta
forisfacturas
ac
alio
modo
prout
secundum
Legem
&
Consuetudinem
regni
nostri
Angliae
aut
formam
Ordinationum
vel
Statutorum
predictorum
fieri
consuevit
aut
debuit
castigandum
&
puniendum
,
Jurisdiction
▪
15.
proviso
semper
quod
si
casus
difficultatis
super
determinatione
aliquorum
premissorum
coram
vobis
vel
aliquibus
duobus
vel
pluribus
vestrum
evenire
contigerit
tunc
ad
judicium
inde
reddendum
(
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
,
Execution
.
vel
pluribus
vestrum
minime
procedatur
,
16.
&
ideo
vobis
&
cuilibet
vestrum
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
vestrum
ut
predictum
est
ad
hoc
provideritis
super
permissis
faciatis
inquisitiones
,
&
premissa
omnia
&
singula
audiatis
&
terminetis
,
ac
ea
faciatis
&
expleatis
in
forma
predicta
facturi
inde
quod
ad
justitiam
pertinet
secundum
Legem
&
Consuetudinem
regni
nostri
Angliae
salvis
nobis
Amerciamentis
,
&
aliis
ad
nos
inde
spectantibus
,
Sheriffs
.
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
.
Records
.
18.
Assignavimus
denique
te
praefatum
Gulielm
.
Comitem
Craven
custodem
Rotulorum
pacis
nostrae
in
dicto
Comitatu
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
Cambridgeshire
and
for
Ireland
,
see
Bolt
.
11
,
12.
cap.
2.
V.
Lamb.
45.
Peace
.
This
first
assignavimus
2.
makes
them
Justices
for
the
conservation
of
his
Majesties
Peace
,
by
force
of
which
words
they
have
singularly
,
dually
and
plurally
both
all
the
ancient
power
touching
the
Peace
which
the
Conservator
of
the
Peace
had
by
the
Common
Law
,
and
also
that
whole
Authority
which
the
Statutes
have
sithens
added
thereto
,
for
the
more
evident
Declaration
whereof
they
are
immediately
after
3.
assigned
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
,
Contempt
.
and
the
Execution
of
the
Statutes
be
several
things
,
so
is
there
in
this
first
rank
two
distinct
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
Majesties
Goal
or
Prison
,
Lamb.
77.
84.
Jurisdiction
.
VII
.
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
Judgment
,
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
proceed
without
such
advise
,
but
it
standeth
good
and
effectual
until
it
shall
be
Reversed
by
a
Writ
of
Error
,
Crompt
.
6.
ab
.
Oath
.
VIII
.
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
after
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
indifferent
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.
Process
.
IX
.
Lambert
56.
It
would
avail
greatly
to
the
furtherance
of
the
service
,
if
the
Ded
'
potestat
'
to
give
these
Oaths
(
viz.
of
Supremacy
and
Alleigance
,
&c.
)
were
dirigible
to
the
Justices
and
none
other
to
Minster
the
same
,
not
elsewhere
,
but
in
their
open
Sessions
.
Statutes
.
X.
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
conservation
of
the
Peace
,
and
the
Good
Government
of
the
Subjects
of
the
Realm
,
Fitzh
.
J.
P.
10.
&
10.
Ed.
3.
cap.
6.
Imprisonment
.
XI
.
Crompt
.
9.
b.
§
49.
The
Justices
of
the
Peace
have
no
power
to
deliver
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
,
Enquest
.
that
two
Justices
of
the
Peace
may
enquire
of
all
Articles
expressed
in
their
Commission
,
though
none
of
them
be
Justices
of
the
Quorum
,
but
the
Justices
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
,
Execution
.
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
Commission
,
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
,
Commission
.
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
executed
by
them
according
as
the
same
Statutes
themselves
do
severally
prescribe
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
,
Records
.
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
Brudnell
Peace
Br.
6.
14
H.
8.
16.
if
he
make
any
Warrant
,
though
it
be
beyond
his
Authority
,
it
is
not
disputable
by
the
Officer
,
&c.
F.
N.
B.
81.
E.
Crompt.
120.
XVI
.
Lamb.
65.
Yea
,
Supersedeas
.
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
,
Repealans
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
,
Repealans
.
when
the
Kings
Majesty
makes
other
Commissioners
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
Justices
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
,
because
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
granted
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.
Notice
.
XIX
.
Lamb.
68
,
69.
Howbeit
,
this
Determination
of
the
old
Commission
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
Commission
,
or
else
after
the
giving
of
notice
of
the
new
Commission
unto
the
old
Commissioners
,
for
otherwise
all
the
mean
Acts
of
the
old
Commissioners
are
good
in
Law
,
by
Marrow
,
&
21
H.
6.
29.
&
34.
Ass.
28.
Commission
.
Br.
14.
Crompt
.
189.
Abatement
.
XX.
Lamb.
69
,
70.
It
is
to
be
noted
,
that
in
all
Cases
whereby
an
Ancient
Commission
of
the
Peace
is
determined
by
a
new
,
yet
no
Process
or
Suit
hanging
before
the
old
Commissioners
shall
be
discontinued
thereby
,
11
H.
6.
6.
§
N.
&
1
Ed.
6.
7.
Commissioner
.
XXI
.
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.
Adjournment
.
XXII
.
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
.
Peace
.
XXIII
.
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.
Next
Justice
.
XXIV
.
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
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.
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
,
only
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
alled'gd
,
durst
not
go
to
give
it
for
fear
that
he
would
execute
upon
him
the
malice
that
he
bear
against
him
.
Supersedeas
.
XXV
.
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
Office
(
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.
Good
Behaviour
.
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.
Jurisdiction
.
A
Justice
of
Peace
is
undoubtedly
(
for
punishment
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.
Affray
.
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.
Force
.
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
entry
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
,
Riot
.
(
viz.
of
14
H.
7.
8.
Justice
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
Statute
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
imminent
,
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
person
,
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
,
Imprisonment
.
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
,
Recognizance
.
that
one
Justice
of
the
Peace
should
take
upon
him
to
bind
an
Offender
against
any
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
commanded
it
,
Crompt
.
122.
b.
§
3.
Dalt
.
159.
cap.
67.
Fish
.
XXXIII
.
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.
Apprentice
.
XXXIV
.
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.
Forest
.
XXXV
.
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.
Games
.
XXXVI
.
Lamb.
191
,
192.
Every
Justice
of
the
Peace
may
as
well
within
Liberties
as
without
,
enter
into
any
common
house
where
unlawful
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.
Ale
.
XXXVII
.
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.
Fish
.
XXXVIII
.
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.
Tiles
.
XXXIX
.
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.
War
.
XL.
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.
Pope
.
XLI
.
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.
Religion
.
XLII
.
Lamb.
195.
If
Disturbers
of
Preacher
be
arrest
and
brought
before
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.
Poor
.
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.
Inrolement
.
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.
Wax
.
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.
Fuel
.
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
Forfeiture
,
&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
,
Poor
.
Watchmen
,
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.
Pope
.
Any
Justice
of
the
Peace
of
the
County
where
a
person
above
16
absents
from
Church
,
dwelleth
,
may
make
Certificat
thereof
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
Ecclesiastick
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
,
Seminary
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
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.
Fowl
.
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
Sessions
of
the
Peace
,
to
answer
the
offence
,
&c.
Crompt.
124.
b.
Crompt.
195.
§
8.
Dalt
.
66.
cap.
25.
Sheriffs
.
LII
.
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.
Corn.
LIII
.
Lambert
199
,
200.
The
Certificate
of
one
Justice
of
the
Peace
joyned
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.
Imprisonment
.
LV.
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.
Sanctuary
.
LVI
.
Lambert
200.
One
Justice
of
Peace
may
take
out
of
Sanctuary
certain
persons
abjured
thither
,
and
others
being
Indict
of
some
kind
of
Offences
mentioned
,
done
after
they
became
Sanctuary
men
,
and
may
Commit
them
to
the
Goal
in
the
County
where
the
Indictment
is
found
,
till
they
be
Tryed
,
22
H.
8.
14.
§
N.
Crompt
195.
§
7.
Fresh
Suit
.
LVII
.
200.
No
person
shall
after
he
shall
be
Robbed
bring
any
Action
upon
any
the
Statutes
concerning
Hue
and
Cry
,
except
he
shall
first
within
Twenty
days
next
before
such
Action
brought
,
be
examined
upon
his
Corporal
Oath
before
some
one
Justice
of
the
Peace
of
the
County
wherein
the
Robery
was
Committed
,
Inhabiting
within
or
near
the
Hundred
,
&c.
then
also
shall
he
before
such
Action
be
brought
,
enter
into
Recognizance
before
the
same
Justice
,
effectually
to
prosecute
such
persons
known
,
&c.
27
Eliz.
13.
§
11.
N.
2.
Fish
.
LVIII
.
Lambert
201.
By
Warrant
of
any
one
Justice
of
Peace
,
the
Constables
and
Churchwardens
of
every
place
wherein
destroying
of
the
Spawn
and
Brood
of
Fish
is
Commit
,
may
levy
the
Forfeitures
by
distress
and
Sale
,
3
Jac.
12.
§
2.
N.
3.
Sewers
.
LIX
.
Lambert
201
,
202.
Every
Justice
of
Peace
as
it
seemeth
within
the
Shires
next
adjoyning
to
the
River
of
Thames
,
within
his
several
Jurisdiction
,
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
offences
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
discretion
to
punish
those
Overseers
and
Rulers
,
2
&
3
Phil.
&
Mar.
16.
§
6.
N.
1.
Cromp.
194.
§
2.
Dalt
.
155.
cap.
66.
LX.
Lambert
202.
Cattle
.
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.
Pope
.
Any
one
Justice
of
the
Peace
may
within
three
Months
after
the
Conviction
of
any
Seditious
Sectarie
,
require
the
Submission
of
him
to
Conformity
,
and
in
default
thereof
may
require
him
to
abjure
the
Realm
,
35
Eliz.
1.
§
2.
N.
1.
Poor
.
LXII
.
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
declared
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.
Drapery
.
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
strayning
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
,
Coron.
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.
Taxes
.
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
dwelling
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
,
Pope
.
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.
Imprisonment
.
LXVIII
.
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
apprehended
shall
be
Taxed
,
and
on
refusal
to
pay
,
Distress
and
Sale
by
Warrant
from
the
said
Justice
or
any
other
neer
adjoyning
to
the
Constable
,
&c.
3
Jac.
10.
§
2.
N.
1.
Dalt
.
103.
cap.
43.
Games
.
LXIX
.
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.
Imprisonment
.
LXX
.
Crompt
.
122.
§
33.
One
Justice
of
Peace
who
was
not
of
the
Quorum
rebuked
a
Justice
who
was
of
the
Quorum
;
yet
he
cannot
Commit
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
.
Ways
.
LXXI
.
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.
Slander
.
LXXII
.
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.
Poor
.
LXXIII
.
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.
Forest
.
LXXIV
.
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.
Riot
.
LXXV
.
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.
War
.
LXXVI
.
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.
Force
.
LXXVII
.
Crompt
.
75.
Tho
one
Justice
may
execute
the
said
Statute
,
8
H.
6.
9.
of
Forcible
Entry
,
it
s
better
to
have
two
or
more
to
avoid
partiality
.
Joynder
.
LXXVIII
.
Lambert
3.
cap.
1.
p.
308
,
309.
It
is
universally
true
that
whatsoever
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
Statutes
,
the
same
also
may
be
no
less
lawfully
performed
by
two
or
more
Justices
,
except
it
be
in
a
very
few
Cases
,
where
some
Statutes
do
seem
especially
to
appropriate
the
Execution
thereof
to
some
one
certain
Justice
,
either
in
respect
that
he
is
next
to
the
place
eldest
of
the
Quorum
,
or
the
like
.
Riot
.
LXXIX
.
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
,
whereof
the
parties
shall
be
for
ever
concluded
,
Fitzh
.
J.
P.
9.
whereto
he
addeth
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
,
Apprentice
.
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
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
according
to
the
Statute
,
5
Eliz.
4.
§
9.
N.
5.
Crumpt.
198.
Dalt
.
21.
cap.
6
&
154.
cap.
66.
LXXXI
.
Lamb.
330.
Poor
.
Any
two
Justices
of
the
Peace
may
make
Testimonial
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.
Apprentice
.
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.
Drapery
.
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.
Poor
.
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
confession
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.
Ale
.
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.
Corn.
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.
License
.
Such
two
Justices
may
License
diseased
Persons
living
of
Alms
,
to
travel
without
begging
to
Bath
,
or
to
Buckstone
for
remedy
of
their
Griefs
,
39
Eliz.
4.
§
7.
N.
1.
Crumpt.
198
,
ab
199.
b.
LXXXVIII
.
Lamb.
331.
By
the
oversight
of
any
two
Justices
,
Ways
.
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
Commodious
then
the
old
,
14
H.
8.
6.
§
2.
N.
1.
Crumpt.
198.
b.
LXXXIX
.
Lamb.
331.
Drapery
.
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
,
Religion
.
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.
Foul
Games
.
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.
Taxes
.
XCII
.
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
value
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
.
Pope
.
XCIII
.
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
hereafter
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.
Pope
.
XCIV
.
Lamb.
333
,
334.
Any
two
Justices
of
Peace
may
require
any
Popish
Recusant
,
not
making
submission
according
to
this
Statute
,
to
abjure
the
Realm
upon
his
Corporal
Oath
before
them
,
35
Eliz.
2.
§
8.
N.
4.
Pope
.
XCV
.
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
minister
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.
Pope
.
XCVI
.
Lamb.
334.
Any
two
Justices
of
the
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
Reliques
of
Popery
,
and
deface
them
,
or
if
of
value
reserve
to
the
General
Sessions
,
3
Jac.
5.
§
26.
N.
1.
Bail
.
XCVII
.
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
Justices
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.
Joyndre
.
XCVIII
.
Lamb.
343
,
344.
Out
of
Sessions
,
and
before
Indictment
a
Justice
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
.
Ale
.
XCIX
.
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.
Measures
.
Weights
.
C.
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
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.
§
.
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
,
Sheriffs
.
may
take
the
Oath
of
the
Under-Sheriff
of
their
County
before
that
he
medle
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.
Poor
.
The
Bishop
and
his
Chancellor
shall
call
the
two
Justices
of
Peace
next
inhabiting
to
any
Hospital
,
to
assist
them
in
taking
the
account
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
,
Bastard
.
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
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
,
Tythes
.
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
committed
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.
Tythes
.
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.
Fresh
Suit●
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
Execution
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
Execution
was
had
,
Dalt
.
22.
cap.
6.
27
Eliz.
13.
§
.
5.
N.
1.
CVII
.
Lamb.
354.
Two
Justices
of
Peace
,
Wayes
.
whereof
one
to
be
of
the
Quorum
,
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
within
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.
Poor
.
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.
Drapery
.
CX
.
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
Presenters
,
and
the
third
to
the
Justices
themselves
,
Crumpt.
200.
Dalt
.
21.
cap.
6.
&
154.
cap.
66.
Admiral
.
CXI
.
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.
Woods
.
CXII
.
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
.
Amerciaments
CXIII
.
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.
Poor
.
CXIV
.
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
Overseers
of
the
poor
,
and
the
Church-Wardens
,
and
Overseers
,
with
the
consent
of
two
or
more
such
Justices
of
Peace
,
set
the
Poor
on
work
,
Tax
Inhabitants
,
and
bind
Children
out
,
excuse
to
be
allowed
by
two
Justices
,
and
accounts
yearly
,
&c.
And
two
such
Justices
may
Tax
any
other
Parish
within
the
Hundred
to
contribute
,
to
levy
,
and
in
default
to
commit
,
42
Eliz.
2.
§
1.
N.
1.
&c.
Dalt
.
154.
cap.
66.
Drapery
.
CXV
.
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
Quorum
,
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.
Poor
.
CXVI
.
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
Infected
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.
Pope
.
CXVII
.
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
certifie
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
without
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
,
Apparel
.
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
,
Wales
.
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
,
Peace
.
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.
Purveyors
.
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
,
Ways
.
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.
Cottages
.
None
to
Erect
new
Building
for
Habitation
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
writing
,
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
,
License
.
Pedlers
,
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.
Riot
.
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
1
Mar.
1.
St.
3.
cap.
12.
§
.
11.
N.
1.
&
1
Eliz.
17.
§
.
N.
Crumpt
.
b.
CXXIX
.
Lamb.
360.
Apprentice
.
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
,
Imbroyderer
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
,
Pope
.
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.
Poor
ways
.
CXXXI
.
Lamb.
361.
The
Bishop
and
his
Chancellor
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
,
14
Eliz.
5.
§
.
N.
29
Eliz.
18.
§
.
N.
Crumpt.
200.
b.
Religion
.
CXXXII
.
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
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.
§
.
N.
but
enquire
of
this
matter
,
Dalt
.
133.
134.
cap.
49.
Crumpt.
124.
a.
Ways
.
CXXXIII
.
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.
Imprisonment
CXXXIV
.
Lamb.
362.
Six
Justices
of
the
Peace
may
in
sundry
Shires
,
take
order
for
the
common
Goals
whereof
the
Sheriff
shall
have
the
Custody
,
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.
Sewers
.
CXXXV
.
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.
Wales
.
CXXXVI
.
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.
Forfeiture
.
CXXXVII
.
Lamb.
365.
366.
The
Statutes
do
now
and
then
correct
the
dulness
of
these
Justices
with
some
strokes
of
the
Rod
or
Spur
,
and
therefore
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
punished
according
to
his
demerits
,
4
H.
7.
12.
§
.
1.
N.
5.
Crumpt.
144.
Lamb.
94.
95.
Sheriff
.
CXXXVIII
.
Lamb.
293.
The
Custos
Rotulorum
,
or
the
Eldest
of
the
Quorum
in
his
absence
ought
at
the
general
Sessions
after
St.
Michael
,
to
appoint
two
Justices
of
the
Peace
,
the
one
being
of
the
Quorum
,
to
have
the
Oversight
and
Controlment
of
the
Sheriffs
entring
of
Plaints
and
Amerciaments
,
and
one
of
those
Justices
may
Examine
,
and
without
further
enquiry
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.
Sessions
.
CXXXIX
.
Lamb.
4.
cap.
1.
pag.
373.
A
Sessions
of
the
Peace
,
is
an
Assembly
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
thereupon
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.
Indictments
.
The
Justices
of
Peace
do
at
their
Sessions
take
Knowledg
of
Causes
within
their
Jurisdiction
,
either
by
the
Oath
of
the
Inquirers
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
,
Process
.
yet
is
it
not
altogether
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
before
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.
Sessions
.
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
transgressiones
&
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
pacis
,
&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
.
liberum
per
Annum
ad
minus
ad
Inquirendum
&
ibidem
super
hiis
quae
ex
parte
dicti
Domini
Regis
iis
injungentur
;
scire
facias
etiam
omnibus
coronatoribus
comitatus
tui
seneschallis
constabulariis
,
subconstabulariis
&
Ballivis
libertatum
Infrà
hundreda
&
libertates
predicta
quod
sint
tunc
ibi
ad
faciend'
&
perimplend'
ea
quae
ratione
officiorum
suorum
sunt
facienda
:
proclamari
preterea
facias
per
totam
Ballivam
tuam
in
locis
Idoneis
predictam
Sessionem
pacis
ad
diem
&
locum
predict'
fore
tenendum
&
tu
ipse
tunc
sis
ibidem
ad
faciendum
&
exercendum
ea
quae
ad
officium
tuum
pertinent'
&
habeas
ibi
tunc
tam
nomina
Juratorum
Coronatorum
senechallorum
Constabulorum
subconstabulariorum
&
Ballivorum
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.
Joyndre
.
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
Session
of
the
Peace
,
all
their
fellow
Justices
cannot
discharge
it
by
their
Supersedeas
,
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
,
Estoppel
.
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
.
Lieu.
CXLV
.
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
presentments
shall
be
good
that
shall
be
taken
where
they
held
it
,
but
then
again
no
Amerciament
can
be
set
upon
any
man
for
his
default
of
appearance
there
,
because
he
had
no
warning
of
it
by
Marrrw
.
Process
.
CXLVI
.
Lamb.
376.
So
if
two
such
Justices
make
a
Precept
for
a
Session
to
be
holden
in
one
Town
,
and
two
other
Justices
make
another
Precept
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
default
at
the
other
,
&c.
Crumpt.
123.
b.
§
.
20.
Dalt
.
532.
cap.
185.
§.
4.
Amerciament
.
CXLVII
.
Lamb.
380.
The
Justices
of
the
Peace
be
so
necessary
as
without
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
Justices
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
.
Ryot
.
CXLVIII
.
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.
Appearance
.
CXLIX
.
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
reserved
till
the
Goal-delivery
,
&c.
the
rest
of
that
Kind
may
be
brought
forth
at
every
Sessions
of
the
Peace
.
Peace
.
CL.
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
.
Commission
.
CLI
.
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.
Record
.
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
Servants
wages
:
all
Recognizances
of
the
Peace
and
Good
abearing
,
Recognizances
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.
Recognizance
.
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
any
,
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
,
Records
.
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
remain
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.
Appearance
.
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
Coroners
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
commit
men
to
Prison
,
and
therefore
ought
to
be
at
the
Sessions
to
object
against
them
.
Ibid.
Sheriffs
.
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.
Ordinary
.
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.
Inquest
.
The
Justices
ought
not
to
commit
these
Jurors
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
another
place
to
give
their
Verdict
.
CLVIII
.
Lamb.
397.
398.
All
others
also
may
freely
attend
there
,
Priviledg
.
if
not
for
any
thing
that
especially
concerneth
themselves
,
yet
for
the
advancement
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
Access
,
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
compelled
,
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.
Inquest
.
CLIX.
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
.
Charge
.
CLX
.
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
open
before
the
whole
Assembly
,
the
benefits
of
the
service
in
hand
,
the
commodities
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
recontinued
and
brought
in
ure
again
,
Crumpt.
11.
a.
b.
Boult.
2.
cap.
4.
pag.
9.
Jurisdiction
.
CLXI
.
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
Justices
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
Justices
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
.
Indictment
.
CLXII
.
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
,
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
.
Sugestion
.
CLXIII
.
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
,
Information
.
these
Suggestions
and
Informations
both
of
private
Persons
,
be
they
by
word
or
writing
,
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
certain
Cases
where
that
validity
is
especially
given
by
the
Statutes
.
CLXV
.
Lamb.
506.
Process
.
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
,
Certiorari
.
and
yet
the
Custos
Rotulorum
only
hath
the
keeping
of
these
Records
,
but
the
ancient
Commissioners
of
the
Peace
had
no
Custos
Rotulorum
,
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.
Certificate
.
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
without
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
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
that
higher
Court
.
8
Ed.
4.
18.
CLXVIII
.
Lamb.
512.
Process
.
The
Authority
of
making
Process
upon
Indictments
,
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
necessity
in
the
words
hear
and
determine
,
which
cannot
be
performed
,
unless
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
§
.
Utlary
.
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
lyeth
against
the
Offendor
,
if
he
be
not
taken
before
,
or
do
not
otherwise
offer
and
yeild
himself
,
and
then
the
power
of
these
Justices
endeth
with
the
utlary
,
for
they
can
make
no
Capias
Vtlagatum
,
but
must
certify
the
utlary
in
B.
R.
CLXX
.
Lamb.
520.
Process
.
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
anoher
.
CLXXI.
Lamb.
525.
Judgment
.
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
.
Proof
.
CLXXII
.
Lamb.
526.
This
manner
of
Tryal
by
Examination
,
is
not
loosely
permitted
to
the
Justices
of
the
Peace
;
but
in
Cases
only
where
either
the
Statutes
do
generally
refer
the
Tryal
to
their
Discretions
,
or
else
do
specially
Authorize
them
to
take
the
Examinations
.
Traverse
.
CLXXIII
.
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
.
Sessions
.
CLXXIV
.
Lamb.
532.
The
Stile
of
the
Sessions
Kanc.
ss.
Alias
scilicet
ad
(
Generalem
)
Sessionem
pacis
(
Comitatus
predict
'
or
tent'
pro
Comitat'
predict'
)
tent'
apud
B.
in
Com'
predict'
die
Martis
proximè
ante
festum
Sancti
Mathei
Apostoli
Anno
Regni
,
&c.
Coram
J.
S.
Milite
,
Vmfrido
W.
&
aliis
sociis
suis
Justiciariis
Dict'
Domini
Reg'
ad
pacem
in
J.
M.
Comitatu
predict'
Conservand
'
necnon
ad
diversas
Felonias
transgressiones
&
alia
malefacta
in
eodem
Comitatu
perpetrat'
audiend'
&
terminand'
assignat'
per
Sacram
duod'
Juratorum
presentatum
existit
,
&c.
Lamb.
presidents
.
1.
§
1.
Coron.
CLXXV
.
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.
Process
.
CLXXVI
.
Lamb.
542.
And
such
Persons
if
they
cannot
be
Indicted
,
must
either
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
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
.
Dayes
.
CLXXVII
.
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
.
Pleadings
.
CLXXVIII
.
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
another
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
pleaded
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
.
Tryals
.
CLXXIX
.
Lamb.
545.
Thus
much
only
of
things
,
restraining
the
Justices
of
Peace
in
the
Tryal
of
Felonies
,
wherein
also
they
are
not
now
adayes
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
General
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
,
Certificate
.
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
persons
,
being
otherwhere
attainted
of
Felony
by
Utlary
,
or
being
Clerks
Convicted
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.
Judgment
.
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
,
Execution
.
Riots
and
such
other
Contempts
and
Offences
against
the
Commission
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
judicial
Process
goeth
out
till
he
be
Ut-lawed
,
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
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
,
Amerciaments
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.
Fines
.
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.
Process
▪
But
(
the
mitigation
where
Fines
are
certain
by
Statutes
,
&c.
)
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
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.
Fee●
.
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
immediate
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
Tillage
,
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
present
time
,
if
I
be
not
deceived
.
Execution
.
CLXXXVII
.
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
Justices
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
accordingly
,
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
.
Information
.
CXXXVIII
.
Lamb.
575.
Albeit
that
the
Justices
of
the
Peace
have
this
power
to
make
Warrant
for
levying
the
Amerciaments
,
Fines
,
or
other
Forfeits
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
.
Certiorari
.
CXXXIX
.
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
Commanded
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
,
Sessions
.
whether
you
respect
the
limits
of
the
place
within
their
Commission
,
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
respect
27
Eliz.
19.
§
2.
N.
7.
And
some
other
Statutes
do
give
the
name
of
open
Sessions
,
also
Infra
,
260.
Appointment
.
CXCI.
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
several
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
only
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
,
Execution
.
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
,
Lieu.
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
,
Days
.
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
,
Sessions
.
In
the
Commission
of
the
Justices
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
Vlas
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
,
Days
.
shall
keep
their
Sessions
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
Council
,
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
,
Sessions
.
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
throughout
the
Realm
of
England
in
the
same
weeks
every
year
from
henceforth
.
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
,
Day●
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
Labourers
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.
Sessions
.
CXCIX
.
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
.
Days
.
CC.
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.
Sessions
.
CCI.
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
Quarter
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.
Days
.
CCII.
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
Labourers
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.
Apprentice
.
CCIII
.
Lamb.
595.
Neither
was
there
ever
,
say
they
,
any
Quarter
Sessions
holden
,
only
for
the
Causes
of
Labourers
by
the
Justices
of
the
Peace
,
although
the
petty
Sessions
of
Constables
were
chiefly
holden
to
that
Service
.
Sessions
.
CCIV.
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.
because
the
rest
that
have
certainty
do
appoint
that
Session
,
either
at
the
Annunciation
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
grounded
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
.
Days
.
CCV
.
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
Statutes
shall
either
not
be
enquired
of
at
all
,
or
else
enquired
of
without
Warrant
,
both
which
be
very
great
inconveniencies
.
CCVI.
Lamb.
598.
Touching
the
continuance
of
these
Quarter
Sessions
:
Sessions
.
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
exceedingly
increased
,
and
consequently
more
need
to
prolong
them
now
then
before
,
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.
Pope
▪
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
,
Pope
.
enquire
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.
Maintenance
.
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
Ancient
Quarter
Sessions
,
37
H.
8.
7.
§
2.
N.
3.
Crumpt.
124.
CCX
.
Lamb.
599.
They
may
,
in
their
General
Sessions
,
Cattle
.
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
,
Marker
.
and
Determinations
of
Forestallings
,
Ingrossings
,
and
Regratings
,
may
be
at
the
Quarter
Sessions
,
5
&
6
Ed.
6.
14.
§
10.
N.
1.
Crumpt.
124.
b.
CCXII.
Lamb.
599.
Ale
.
The
Inquiry
whether
Ale-house-keepers
have
forfeited
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
,
Forrest
.
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.
Forrest
.
If
the
party
bound
to
his
Good
abearing
seven
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
Justices
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.
Fowl
▪
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
,
Cattle
▪
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
,
Ways
.
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
,
Husbandry
.
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.
Information
.
CCXIX.
Lamb.
600.
In
their
Quarter
Sessions
they
may
hear
and
determine
the
Offences
of
Informers
,
18
Eliz.
5.
§
.
4.
N.
4.
Crumpt.
125.
Oath
.
CCXX
.
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.
Collusion
.
CCXXI
.
Lamb.
600.
601.
Such
as
be
suspected
of
using
counterfeit
Tokens
,
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.
Woods
.
CCXXII
.
Lamb.
601.
Justices
of
the
Peace
may
in
their
open
Quarter
Sessions
,
call
before
them
the
owner
of
a
wood
,
and
12
of
the
Commoners
there
for
setting
out
the
fourth
Part
thereof
,
35
H.
8.
17.
§.
7
N.
2.
Poor
.
CCXXIII.
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.
Apprentice
.
CCXXIV.
Lamb.
601.
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.
§
.
8.
N.
1.
Licences
.
CCXXV.
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.
Corn.
CCXXVI
.
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.
Husbandry
.
CCXXVII
.
Lamb.
601.
The
Offences
against
the
new
Statute
of
Tillage
,
are
to
be
inquired
,
heard
,
and
determined
at
the
Quarter
or
General
Sessions
,
39
Eliz.
2.
§
.
9.
N.
1.
Poor
.
CCXXVIII
.
601.
602.
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
,
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
,
Assess
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
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.
§
.
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.
Drapery
.
CCXXXI
.
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.
Corn.
CCXXXII
.
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.
Wayes
.
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
,
License
.
the
Party
licenced
becoming
bound
in
Recognizance
of
xx
l.
to
shoot
but
only
according
to
this
Statute
1
Jac.
27.
§
.
7.
N.
1.
CCXXXV
.
Lamb.
603.
Drapery
.
The
Offences
against
the
Statute
of
deceitful
stretching
and
tentoring
of
Northern
Cloths
,
are
inquirable
and
determinable
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.
Poor
.
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
Pensions
,
43
Eliz.
3.
§.
3.
1.
CCXXXVII
.
Lamb.
603.
Wine
.
The
Assignment
of
such
as
shall
keep
any
Tavern
to
uttter
Wine
,
by
7
Ed.
6.
5.
§
.
3.
N.
6.
ought
to
be
made
at
the
General
Sessions
,
but
is
otherwise
used
by
Special
Grant
.
CCXXXVIII
.
Lamb.
604.
Apprentice
.
A
Beggers
Child
may
at
the
General
Sessions
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.
Purveyours
.
The
Dockets
of
Purveyors
ought
to
be
delivered
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
,
Poor
.
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
Inmates
,
31
Eliz.
7.
§
.
4.
N
1.
CCXLI.
Lamb.
604.
The
Conviction
of
a
Clothier
,
Drapery
.
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
given
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
,
Games
.
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
,
Riot
.
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.
Sheriffs
.
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.
Pope
.
CCXLV
.
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.
Pope
.
CCXLVI
.
Lamb.
605.
The
Penalties
forfeited
by
a
conformed
Recusant
,
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.
Pope
.
CCXLVII.
Lamb.
605.
606.
The
Monthly
absence
from
Church
of
Popish
Recusants
,
and
their
Childrens
Names
of
IX
.
years
old
and
upwards
,
abiding
with
them
,
and
their
Servants
Names
ought
by
the
Church-Wardens
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.
Oath
.
CCXLVIII
.
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.
Pope
.
CCXLIX
.
Lamb.
607.
If
a
Crucifix
or
other
Relick
of
any
price
be
found
in
a
Recusants
Lodging
or
Custody
,
upon
search
to
be
made
according
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.
Pope
.
CCL
.
Lamb.
607.
By
Warrant
of
Four
Justices
of
Peace
at
their
General
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.
Commission
.
CCLI
.
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
Sessions
,
for
some
do
think
that
it
was
to
endure
for
the
time
of
that
King
only
,
infra
,
269.
Sessions
.
CCLII
.
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
degrees
of
Power
,
so
also
the
same
Statutes
may
restrain
the
Authority
of
Enquiry
to
some
certain
Sessions
,
and
specially
to
the
Quarter
Sessions
,
in
respect
that
they
be
both
more
open
,
more
commonly
known
before
hand
,
and
better
furnished
with
Justices
,
and
consequently
the
matter
for
Administring
of
Justice
,
specially
in
Affairs
of
the
weightier
sort
,
Crumpt.
125.
CCLIII
.
Lamb.
609.
The
prices
of
Vessels
for
Soap
,
Ale
and
Beer
,
Measures
.
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
,
Apprentice
.
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
Quarter
Sessions
or
at
the
time
of
the
Easter
Sessions
as
is
aforesaid
,
Rate
and
Ingross
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.
Poor
.
And
they
must
yearly
in
the
same
Sessions
Examine
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
Michaelmas
,
Mettle
.
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.
CCLVIII.
Lamb.
610.
And
at
the
General
Sessions
after
Michaelmas
,
Sheriffs
.
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
Controlement
of
the
Sheriffs
Books
,
11
H.
7.
15.
§
.
N.
CCLIX
.
Lamb.
610.
Ways
.
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
Vpton
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
,
Sessions
.
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
Commission
,
§.
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
directed
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
Inquirable
and
Determinable
at
any
special
Session
of
the
Peace
,
Mr.
Fitz-herbert
,
19.
Lamb.
584.
suprà
190.
useth
a
third
difference
between
the
General
and
Special
Sessions
of
the
Peace
,
affirming
,
that
whereas
at
the
General
Sessions
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
.
Sessions
.
CCLXI
.
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
Indifferently
,
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
whether
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.
Sessions
.
CCLXII
.
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
between
the
Quarter
Sessions
to
deliver
the
Goals
of
unruly
Servants
,
Petty
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
commonly
populous
shall
be
easily
able
to
furnish
this
Service
,
without
calling
any
other
remote
part
of
the
County
unto
it
,
Crumpt.
123.
§.
18.
Process
.
CCLXIII
.
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
precipimus
firmiter
injungentes
quod
non
omittas
propter
aliquam
libertat'
infra
hundredmu
de
O.
P.
&
Q
aut
eorum
aliquod
in
Com.
predicto
quin
venire
facias
coram
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
Parliament'
nuper
Reg'
Eliz.
Anno
Regni
sui
Quinto
tent'
Edit
,
Artifices
,
laboratores
,
servientes
&
apprenticios
concernnent'
Quam
super
Articulis
Quibusdam
in
Statuto
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
mendicantes
&
alios
pauperes
seu
Eorum
aliquos
Conqueri
voluerint
,
sint
tunc
ibidem
coram
nobis
ad
prosequendum
versus
eos
parati
&
sis
ibi
vel
vicecomes
tuus
habens
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
.
Indictment
.
CCLXIV
.
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
punished
for
it
.
Records
.
CCLXV.
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
Enquire
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
,
Amendment
.
(
as
the
Book
leadeth
me
to
think
)
if
he
alter
an
Indictment
of
Trespass
into
an
Indictment
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
,
Fees
.
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.
Slander
.
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
,
Maintenance
.
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
,
Drapery
.
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
,
Supersedeas
▪
that
they
shall
not
keep
their
Sessions
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.
Wales
.
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
elsewhere
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
occasion
,
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
,
Recognizance
.
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
,
Process
.
and
he
doth
not
appear
,
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
,
Purveyors
.
36
Ed.
3.
2
,
3
,
4.
shall
be
proclaimed
by
the
Justices
of
Peace
Annually
.
CCLXXVI
.
Crumpt.
113.
b.
§
.
13.
Victualers
.
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
.
Games
.
Forces
.
CCLXXVIII
.
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
.
Sessions
.
CCLXXIX
.
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.
Ryot
.
CCLXXX
.
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
.
Force
.
CCLXXXI
.
Crumpt.
124.
§
23.
on
8
H.
6.
9.
§
.
N.
of
forcible
Entries
,
the
Sessions
must
be
held
upon
Complaint
of
the
Party
grieved
within
convenient
time
.
Apprentice
.
CCLXXXII
.
Crumpt.
124.
§
24.
They
may
hold
Sessions
Annually
between
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.
Measures
.
CCLXXXIII
.
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.
Fowl
.
CCLXXXIV
.
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.
Leather
.
CCLXXXV
.
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.
Coron.
CCLXXXVII
.
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.
Rejoynder
.
CCLXXXVIII
.
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
misdemeanor
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
.
Tryals
.
CCLXXXIX
.
Two
Justice
,
568.
And
likewise
Justices
of
Goal
Delivery
,
or
Justices
of
Peace
,
may
Try
the
Prisoner
the
same
day
or
any
day
after
;
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.
Justices
.
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
Delivery
,
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
,
generally
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
deliberand'
Goal
.
de
Prisonariis
in
eisdem
existent
'
;
but
they
cannot
take
Indictments
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
,
Indictment
.
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
Statute
,
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
Delivery
.
And
by
vertue
of
the
said
Statute
4
Ed.
3.
2.
§
1.
N.
7.
Indictments
taken
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'
Audiend
&
Terminand
,
they
may
inquire
of
all
Offences
mentioned
in
the
Commission
,
albeit
the
Offendors
be
at
large
;
but
they
cannot
Try
Prisoners
upon
Indictments
taken
before
any
other
then
themselves
,
as
the
Justices
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
Terminer
is
ad
Inquirend'
Audiend'
&
Terminand'
,
therefore
they
cannot
determine
of
things
unless
they
made
enquiry
first
.
And
on
the
other
side
,
also
the
Justices
of
Goal
Delivery
may
try
Indictments
taken
before
Justices
of
Peace
;
yet
if
one
be
Indicted
before
Commissioners
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
Justices
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
Indictment
is
.
8.
At
the
Assizes
in
the
Country
the
Justices
have
their
several
power
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
promiscuously
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
adjourned
to
Newgate
;
if
some
Indictments
be
at
Guild-hall
,
then
those
must
be
so
Certified
:
if
others
at
Newgate
,
then
the
Adjournment
must
be
mentioned
,
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
taken
before
the
Justices
of
Peace
of
London
,
as
in
the
Case
of
Indictments
taken
before
the
Justices
of
the
Peace
of
Middlesex
.
But
if
Indictments
at
Newgate
be
originally
taken
before
them
as
Justices
of
Goal
Delivery
,
then
it
is
Inquirable
how
the
Jury
sworn
and
Impannelled
to
Inquire
at
the
Sessions
of
the
Peace
for
London
or
Middlesex
do
serve
to
present
Indictments
before
the
Justices
of
Goal
Delivery
at
Newgate
,
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
Commission
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
resolution
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
,
Market
overt
.
if
any
person
have
regrated
,
ingrossed
,
or
got
into
his
hands
any
Oaken
Bark
,
to
the
intent
to
sell
the
same
again
,
1
Jac.
22.
§
19.
N.
1.
Lamb.
432.
II.
Lamb.
446.
Market
overt
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
,
Butchers
.
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.
Trades
.
If
any
during
the
time
that
he
hath
used
the
Occupation
of
a
Butcher
,
have
also
used
the
Mystery
of
a
Tanner
,
1
Jac.
22.
§
4.
N.
1.
V.
Lamb.
455.
Trades
.
If
any
person
during
the
time
that
he
hath
used
the
Mystery
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
,
Tanners
.
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
,
Market
overt
.
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
Leather
,
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
,
Tanners
.
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
negligently
wrought
the
Hides
in
the
Woozes
,
or
have
not
renewed
the
Woozes
,
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.
Deceit
.
IX
.
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.
Market
overt
.
X.
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
prepared
,
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.
Market
overt
.
XI
.
Lamb.
456.
Inquiry
in
Sessions
,
if
any
Tanner
have
put
to
sale
any
Leather
insufficiently
,
or
not
throughly
Tanned
,
or
not
well
and
throughly
dryed
,
1
Jac.
22.
§
15.
N.
1.
Tanners
.
XII
.
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.
Woods
.
XIII
.
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.
Curriers
.
XIV
.
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
Tallow
,
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
Leather
,
or
have
gashed
or
hurt
any
Leather
by
any
means
,
1
Jac.
22.
§
22.
N.
1.
&c.
Trades
.
XV.
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.
Days
.
XVI
.
Lamb.
458.
Inquiry
at
Sessions
,
if
any
Currier
have
refused
to
Curry
Leather
in
Eight
days
in
Summer
,
and
sixteen
days
in
Winter
,
in
all
degrees
perfectly
,
any
Leather
brought
by
any
Cutter
of
Leather
,
or
his
Servant
,
bringing
with
him
good
stuff
for
the
perfect
liquoring
of
the
same
,
1
Jac.
22.
§
●6
.
N.
1.
Shoomakers
.
XVII
.
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
dressed
like
Spanish
Leather
)
but
of
Leather
well
Tanned
or
Curried
,
and
well
Tanned
only
,
and
well
Sewed
with
Thread
well
Twisted
,
Waxed
and
Rosined
,
with
the
stitches
hard
drawn
with
Hand-leathers
,
and
without
mixing
Neats
and
Calves
Leather
in
the
Over-leathers
thereof
:
Or
have
put
into
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
Pantoffles
,
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
,
Market
overt
,
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
Searcher
,
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
,
Search
.
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
before
it
was
Registred
,
1
Jac.
22.
§
40.
N.
1.
&c.
41.
N.
1.
XX.
Lamb.
459
,
460.
If
any
person
,
Collusion
.
to
whom
any
unlawful
Leather
or
Stuff
hath
been
given
by
this
Act
,
have
given
or
sold
the
same
to
any
Person
that
hath
sold
the
same
again
,
1
Jac.
22.
§
47.
N.
1.
XXI
.
Crumpt.
97.
b.
124.
b.
Item
,
Justices
.
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
,
Sheriffs
.
Clerks
or
Bayliffs
,
and
their
Ministers
,
shall
bring
and
present
and
deliver
all
such
Indictments
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
Presentments
shall
be
taken
before
the
Justices
of
such
County
for
the
time
being
,
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
,
Justices
.
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
Felony
in
any
Leet
by
virtue
of
the
said
Statute
,
but
that
is
further
to
be
enquired
of
,
for
I
find
no
better
Warrant
for
it
.
Traverse
.
III.
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
.
Forrest
.
IV.
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.
Fees
.
V.
1
Jac.
5.
No
Stewards
of
Leets
,
&c.
to
receive
the
profits
to
their
own
use
.
Libels
,
-
see
Slander
.
Liberties
,
-
see
Franchise
.
(
License
.
)
Poor
.
I.
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.
Victuals
.
II.
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.
Fish
.
III.
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.
Cattle
.
IV.
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.
Poor
.
V.
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.
Apprentice
.
VI.
Dalt
.
127.
cap.
47.
Yet
any
one
Justice
of
Peace
may
License
Labourers
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
urgent
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
.
Games
.
X.
33
H.
8.
9.
§
13.
N.
1.
License
of
Gaming-house
to
contain
the
particular
Games
,
and
Persons
,
&c.
Poor
.
XI
.
1
&
2
Phil.
&
Mar.
4.
§
6.
N.
2.
License
to
Egyptians
to
continue
in
England
,
or
Wales
void
.
Fish
.
XII
.
5
Eliz.
5.
§
18.
N.
1.
License
to
eat
flesh
on
fish
days
,
otherwise
then
prescribed
in
this
Statute
,
void
.
Crumpt.
17.
Drapery
.
XIII
.
8
Eliz.
6.
§
5.
N
1.
License
to
Transport
Cloth
,
extends
not
to
Kentish
and
Suffolk
,
&c.
Pope
.
XIV
.
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
.
Wine
.
XVI
.
15
Car.
2.
11.
§
15.
N.
1.
None
to
Retail
Coffee
,
Ale
.
&c.
without
License
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
,
Sewers
.
&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
Chapman
;
and
it
appears
that
the
intent
of
this
Statute
is
to
repress
the
number
of
Drovers
,
Badgers
,
and
Laders
,
&c.
of
Corn
,
&c.
Therefore
see
if
the
Justices
can
License
petty
Chapmen
to
buy
Cattle
as
common
Drovers
.
XIX
.
Crumpt
.
17.
Charge
at
Sessions
,
That
no
Butcher
,
nor
other
person
,
Days
.
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
,
Poor
.
&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
,
Forfeiture
.
shall
forfeit
20
li.
and
be
Commited
at
discretion
of
the
Justices
,
Crumpt.
199.
b.
II.
Lamb.
435.
Inquiry
in
Sessions
,
if
any
have
by
himself
,
Liveries
.
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
,
Conspiracy
.
Confederators
,
Conspirators
,
Imbraceors
,
and
undertakers
of
Quarrels
,
Matters
,
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
Mony
or
Imprisonment
,
or
both
,
according
to
the
Statutes
thereof
made
,
whereof
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
confederatione
&
communia
predictorum
I.C.T.C.
&
I.P.
existentes
,
quoddam
placitum
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.
predict
.
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
progenitor'
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
convent'
factum
inde
habend'
nec
aliquis
jus
suum
sub
hujusmodi
conditione
alteri
dimittat
quidam
W.
P.
&c.
simul
cum
R.
B.
&c.
X
die
,
&c.
Anno
Regni
,
&c.
Quandam
quaerellam
cujusdem
Assizae
friscae
forciae
quae
est
in
curia
Domini
Regis
nunc
Comitatis
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
conventionem
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
,
cuidam
A.
B.
de
C.
predict'
in
Com'
E.
predic'
Yeoman
,
tres
ulnas
panni
lanei
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
revera
prefat'
A.
B.
&
C.
D.
aut
eorum
alter
nunquam
fuerant
aut
fuit
,
domestici
Servientes
aut
Domesticus
Serviens
,
Officiarii
,
sive
Officiarius
,
Ballivi
,
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
provis
.
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.
predict'
Armiger
,
apud
C.
predict'
in
dicto
Com'
E.
X
die
August
.
Anno
Regni
,
&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
familiaris
,
Officiarius
,
Ballivus
,
aut
de
Consilio
dicti
T.
B.
in
una
lege
aut
altera
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'
Domini
Henrici
nuper
Regis
Angliae
Quarti
,
Anno
Regni
sui
VII
,
ac
in
Statut'
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
cujuscunque
Status
,
Gradus
seu
conditionis
fuerit
,
dare
aliquam
liberatam
Vesturae
,
vel
capic'
alicui
personae
,
nisi
tantummodo
familiaribus
,
Officiariis
,
Ballivis
&
Servientibus
suis
,
ac
aliis
hominibus
de
Consilio
suo
in
una
lege
seu
altera
Eruditi
,
sub
poena
C.
S.
de
Terris
&
Tenement'
bonis
,
&
catallis
hujusmodi
liberat'
dantes
54.
s.
de
Terris
&
Tenement'
bonis
&
catallis
hujusmodi
liberat'
recipient'
sive
utent'
toties
quoties
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
coloris
Frost-Meadow
quibusdam
I.
de
B.
Yeoman
,
&c.
S.
C.
de
eodem
Yeoman
,
qui
nec
sunt
nec
unquam
fuerant
Servient'
Officiar'
Ballivi
seu
familiarum
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
supradict'
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
,
legisque
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
nulla
persona
de
Regno
Domini
Regis
Angliae
cujuscunque
status
,
gradus
seu
condition'
fuerit
,
aliquam
quaerelam
in
aliqua
curia
,
nec
alibi
manuteneat
,
nec
sustineat
super
penam
imprisonament'
&
faciend'
Domino
Regi
finem
&
redemptionem
,
ad
voluntatem
ipsius
Domini
Regis
prout
&c.
Quidem
tamen
P.
M.
de
P.
in
Com'
E.
predict'
Yeoman
,
Statut'
predict'
minimè
Ponderans
quandam
querelam
cujusdam
loquelae
quae
A.
in
curia
Domini
Regis
nunc
coram
Justiciariis
dicti
Domini
Regis
,
de
communi
Banco
apud
Westm.
predict'
per
Breve
ipsius
Domini
Regis
de
forma
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
,
&
sustentavit
,
&
adhuc
sustentat
in
dicti
Domini
Regis
nunc
contempt'
,
ac
contrà
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
'
cujuscunque
status
,
gradus
seu
conditionis
fuerit
,
aliqam
quaerelam
in
Patria
,
nec
in
curia
Domini
Regis
manuteneat
seu
sustineat
,
sub-poena
Imprisonament'
,
&
faciend'
dicto
Domino
Regi
finem
,
&
redemptionem
ad
voluntatem
dicti
Domini
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
eodem
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'
predict
.
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
Inchoat'
,
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
&
Temporalium
,
ac
Communitatis
in
eodem
Parliament'
Congregat'
nec
non
Autoritate
ejusdem
Parliament'
inter
alia
ad
tunc
&
ibidem
inactitat'
existit
,
quod
nulla
persona
sive
personae
cujuscunque
status
,
gradus
seu
conditionis
,
ipse
,
vel
ipsi
,
fuerit
,
vel
fuerint
,
ex
tunc
de
cetero
illicitè
manuteneret
,
sive
manutenerent
,
aut
causaret
sive
causarent
,
procuraret
sive
procurarent
,
aliquam
illicitam
manutentionem
in
aliqua
actione
,
demanda
,
secta
sive
quaerela
,
in
aliqua
curia
Domini
Regis
,
Cancellariae
,
Camerae
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
Commissionis
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
interesse
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
personarum
,
aut
aliquas
personas
,
sive
Imbrasiaret
,
vel
Imbrasiarent
,
aliquos
liberos
tenentes
vel
Juratores
,
aut
subornaret
aliquos
testes
per
literas
,
munera
promissa
,
sive
aliquem
alium
sinistrum
labor'
,
vel
medium
ad
manutenend'
aliquam
materiam
sive
causam
,
aut
ad
disturbation'
vel
impediment'
Justitiae
,
vel
ad
procuration'
sive
occasion'
alicujus
perjurium
per
falsum
verdict'
aut
aliter
in
aliquibus
curiis
antedictis
sub
paena
forisfaciend'
pro
qualibet
hujusmodi
offensa
x
l.
Quorum
una
medietas
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
Injunctio
allocabitur
,
prout
in
statut'
predict'
inter
alia
pleniùs
Continetur
.
Quidam
tamen
T.
L.
Statut'
predict'
minimè
ponderans
quandam
actionem
quae
fuit
in
curia
domini
regis
Coram
Justitiariis
suis
de
Banco
inter
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
retardationem
&
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
Archiepiscopus
,
Episcopus
,
Abbas
,
vel
Prior
,
nec
aliquis
alius
Ecclesiasticus
,
vel
temporalis
,
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
statutum
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
capiciorum
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
medietatem
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
&
stabilitum
existit
quod
cum
ordinatum
sit
per
diversa
statuta
facta
temporibus
nobilium
progenitorum
ipsius
regis
quod
nullus
miles
sive
aliquis
alius
de
minore
statu
daret
aliquam
liberatam
pannorum
seu
Capiciorum
aliquibus
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'
Habeant
potestatem
de
tempore
in
tempus
in
Sessionibus
suis
ad
Inquirend'
de
materia
predicta
,
&
illas
Audiend'
&
terminand'
prout
in
statuto
predicto
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
presentant
,
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
pertinent'
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
.
Ouster
le
mere
.
I.
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
Statute
of
the
Staple
,
Victuals
.
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
examine
the
Master
and
Marriners
,
and
all
others
of
Offendors
in
Transporting
Corn
,
Victuals
,
Wood
,
&c.
and
to
hear
and
determine
the
same
as
other
Trespasses
,
Lamb.
449.
503
Crumpt.
85.
b.
86.
Seisure
.
III.
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
,
Embroydery
,
Cut-work
,
Buttons
,
Silke-works
,
&c.
IV.
Lamb.
431.
Scavage
.
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.
Officer
.
A
warrant
against
those
who
abuse
the
Officers
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.
Anno
,
&c.
VI.
Kilb.
Presidents
.
119.
Customs
.
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
aforesaid
,
hath
assisted
in
the
taking
up
(
Landing
,
Shipping
off
,
or
Conveying
away
,
&c.
(
of
Goods
,
Wares
,
or
Merchandizes
)
prohibited
(
or
whereof
the
Custome
,
Subsidy
,
or
other
duty
are
payable
to
the
King
)
without
the
presence
of
any
of
the
Officers
of
his
Majesties
Customes
thereunto
appointed
(
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
Premisses
,
and
farther
to
do
and
receive
as
by
the
said
Statute
in
that
behalf
lately
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
Warrant
,
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
require
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
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
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
Exchequer
,
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.
Prohibited
,
&c.
without
the
presence
of
any
of
the
Officers
of
his
Majesties
Customes
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
Constable
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
until
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
.
Forestallers
.
I.
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.
Dayes
.
II.
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
,
Ingrossed
,
or
got
into
his
hands
any
Oaken
Bark
to
the
Intent
to
sell
the
same
again
,
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
killed
Beasts
for
their
own
Provision
,
1
Jac.
22.
§
7.
N.
3.
VII
.
Lamb.
446.
Drapery
.
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.
Process
.
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.
Execution
.
Doubtless
by
special
Provision
made
in
5
&
6
Ed.
6.
14.
§
10.
N.
4.
against
Forestallers
,
the
Justices
of
Peace
may
make
Execution
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
Forestallings
,
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
Chapman
,
and
it
appears
by
this
Statute
that
the
intent
was
to
repress
the
number
of
Drovers
,
Badgers
,
Laders
,
&c.
of
Corn
,
&c.
therefore
see
if
the
Justices
can
License
the
pety
Chapmen
to
buy
Cattle
as
the
common
Drovers
.
XII
.
Crumpt.
196.
b.
§
14.
Justices
of
Peace
in
Sessions
shall
take
recognizances
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
after
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
against
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
recovered
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
,
Trinity
Sunday
,
Assumption
of
our
Lady
,
all
Saints
,
&c.
)
and
Good
Friday
,
shall
clearly
cease
from
all
shewing
of
any
Goods
or
Merchandizes
(
necessary
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
,
Days
.
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
therefore
Indicted
for
the
King
,
either
at
the
Assizes
and
General
Goal
Delivery
,
or
at
the
Quarter
Sessions
of
the
Peace
within
that
County
.
Poor
.
XIX
.
Crumpt.
199.
b.
Two
Justices
of
Peace
may
give
License
to
Pedlers
,
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.
Toll
.
XXI
.
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
perfect
knowledge
of
the
same
Person
,
his
Name
,
sur
Name
,
and
place
of
Dweling
,
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
Testifier
,
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
Officer
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
Directions
out
of
the
Exchequer
,
&c.
XXV
.
West
Symb.
2.
part
124.
b.
sect.
179.
An
Indictment
for
Regrating
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
Domini
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.
predict'
Yeoman
,
&
H.
D.
nuper
de
N.
in
Com'
predict'
Yeoman
,
xx
die
Junii
Anno
regni
&c.
apud
B.
&
T.
in
Com'
predict'
Emerunt
&
regrataverunt
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
Domibus
mansion'
suis
ut
regratores
mercati
dicti
Domini
regis
accumulaver'
&
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
&
rariora
forent
in
grave
damnum
populi
Domini
regis
,
ac
contra
formam
statuti
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
Regrating
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
.
Bar
&
Feme
.
I.
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
declared
to
be
void
,
or
whose
former
Marriage
was
had
within
age
of
Consent
1
Jac.
11.
§
1.
N.
2.
Crumpt.
52.
Clergy
.
II.
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.
Ordinary
.
III.
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
.
Indictment
.
IV.
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
Ecclesiae
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
Communis
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
tempore
Celebrationis
sponsalia
predict'
,
aliquem
Annulum
non
dedit
contra
formam
Statut'
&
ordinationem
in
hujusmodi
Casu
Edit'
&
provis
.
in
depravationem
libri
Communis
precationis
ac
contra
pacem
dicti
Domini
Regis
Coronam
&
Dignitatem
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-making
,
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
digged
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
effectual
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
making
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
Assemblies
,
whereby
the
effect
of
the
Statutes
of
Labourers
is
destroyed
,
if
any
such
be
Assembled
;
These
who
make
such
Assemblies
,
and
hold
these
Chapters
,
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
exchange
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
buying
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
Silver
,
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
Dagger-hilt
of
Iron
,
Cujusdam
E.
F.
de
S.
predict'
in
Com'
predict
'
Yeoman
,
valoris
duorum
solidorum
deauravit
Anglice
did
guild
with
the
finest
Gold
in
magnum
reipublicae
detrimentum
ac
contra
form'
cujusdam
Statuti
in
Parliament'
Domini
Henrici
nuper
Regis
Angliae
quinti
,
tent'
Anno
Regni
sui
octavo
in
hujusmodi
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.
Wine
.
VIII
.
Lamb.
453.
If
any
have
made
or
brought
into
this
Realm
any
Tun
of
Wine
not
containing
252
Gallons
,
or
Pipe
not
containing
126
Gallons
,
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
manner
of
Grain
or
Corn
,
and
this
hath
to
the
Pound
12
Ounces
,
or
20
s.
Sterling
weight
.
2.
Averdupois
Weight
is
by
Custom
,
yet
confirmed
also
by
Statute
,
and
thereby
are
weighed
all
kind
of
Grocery
Wares
,
Physical
Drugs
,
Butter
,
Cheese
,
Flesh
,
Wax
,
Pitch
,
Tar
,
Tallow
,
Wools
,
Hemp
,
Flax
,
Iron
,
Steel
,
Lead
,
and
all
other
Commodities
,
especially
such
as
bear
the
name
of
Garbel
,
&c.
whereof
issueth
refuse
or
wast
.
Corn.
XI
.
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
without
any
good
Warrant
of
Law
have
used
to
have
,
and
to
buy
by
such
Measures
,
and
where
the
Clerk
of
the
Market
for
the
King
hath
forborn
or
neglected
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
carry
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
Country
.
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
unlawful
Bread
,
Quaere
,
Whither
they
shall
only
be
Amerced
,
&c.
after
Indictment
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
Officers
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
Gallons
,
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
Gallons
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
,
Kilderkin
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
Mayor
,
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
Barrel
,
Victuals
.
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
,
Billet
,
and
Faggot
,
see
7
Ed.
6.
7.
43
Eliz.
14.
XXI
.
Dalt
.
150.
cap.
65.
Note
,
That
the
Clerk
of
the
Market
may
enquire
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
Regulating
the
Measures
and
Prices
of
Coals
,
That
he
the
said
A.
B.
did
lately
expose
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
thereof
made
,
5
Eliz.
11.
&
18
Eliz.
1.
§
.
N.
but
Authority
is
not
given
to
Justices
of
Peace
,
by
these
Statutes
,
to
inquire
thereof
,
and
therefore
the
putting
this
into
the
Commission
is
void
,
but
by
3
H.
5.
St.
2.
cap.
7.
it
's
ordained
,
That
Justices
of
Peace
through
the
Realm
have
power
by
the
King's
Commission
to
enquire
of
Counterfeiting
,
and
of
Importing
of
false
Mony
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
Counterfeit
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
instigatione
Diabolica
Seducti
,
Machinantesque
dictum
Dominum
Regem
&
populum
suum
callidè
,
falsò
,
deceptivè
&
proditoriè
decipere
,
&
defraudare
12
die
Martii
,
An'
Regni
,
&c.
Sex
pecias
monetae
apud
B.
predict'
in
Com'
predict'
de
cupro
,
&
aliis
mixtis
Metallis
,
ad
instar
&
ad
similitudinem
,
bonae
,
legalis
,
&
current'
monetae
,
&
cunei
dicti
Domini
Regis
hujus
Regni
sui
Angliae
Anglicè
vocat'
Shillings
:
nec
non
duas
pecias
è
cupro
,
aere
,
&
aliis
mixtis
Metallis
,
ad
instar
&
similitudinem
bonae
,
legalis
,
&
current'
monet'
,
&
cunei
Auri
dicti
Domini
Regis
Regni
sui
Angliae
Anglicè
vocat'
half
Sovereigns
falsò
&
proditoriè
fabricaverunt
,
cuderunt
,
&
controfecerunt
,
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
exposuerunt
,
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
.
Simbol'
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
peceas
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
,
&
cunavit
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'
Lalourer
,
&
T.
S.
nuper
de
T.
in
Com'
predict'
Labourer
10
die
&c.
Anno
,
&c.
&
diversis
aliis
diebus
&
vicibus
,
tam
antea
quam
postea
,
deum
prae
oculis
suis
non
habentes
sed
instigatione
diabolica
seducti
,
machinantesque
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
pecias
falsae
monetae
ad
imaginem
&
similitudinem
peciarum
monetae
Auri
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'
controfact'
,
&
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'
diversorum
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
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.
&
22
Ed.
4.
2.
22
H.
6.
41.
V.
Lamb.
482.
As
for
the
alias
Dictus
which
is
often
put
in
the
Addition
,
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
,
Mystery
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
acknowledging
a
Recognizance
of
the
Peace
in
the
Name
of
another
without
his
Privity
,
on
21
Jac.
26.
§
2.
N.
1.
Derby
ss.
JVratores
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
Pacem
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
only
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
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
Commission
,
or
else
after
the
giving
of
Notice
of
the
new
Commission
unto
the
old
Commissioners
;
for
otherwise
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
Assemble
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
conjunctim
&
divisim
Potestatem
&
autoritatem
recipiendi
Sacrament'
dilecti
&
fidelis
nostri
Richardi
Keble
Armig
'
,
unius
Custod
'
pacis
nostrae
in
Com'
nostro
Suff.
de
officio
illo
bene
&
fideliter
faciend'
juxta
form'
cujusdam
Schedulae
huic
Brevi
nostro
annex'
ac
Sacrament'
specificat'
in
quodam
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
unius
vestrum
reddat
,
hoc
Breve
nobis
remittentes
teste
me
ipso
apud
Westminst'
&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
Keble
juxta
tenorem
&
formam
Schedularum
huic
Brevi
annex'
quas
quidem
Schedulas
una
cum
hoc
Breve
Domino
Regi
in
Cancellariam
suam
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
certifico
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
Domini
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
,
Justices
.
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
Forfeitures
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
accustomed
,
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
Memory
to
exact
this
latter
Oath
(
viz.
of
Supremacy
)
of
all
the
Justices
of
Peace
throughout
the
Realm
,
whereof
some
good
hath
Ensued
;
Pope
.
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
,
Information
.
&c.
without
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
strongly
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
,
Peace
.
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
Insufficient
Security
of
the
Peace
the
Justices
of
C.
B.
7
H.
6.
25.
pl.
did
examine
the
ability
of
the
Sureties
upon
their
Oaths
,
&c.
Swearing
.
IX
.
Kilb.
Presidents
.
207.
A
Warrant
to
pay
1
s.
for
Swearing
in
presence
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
command
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.
Constable
.
X.
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
Constable
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
Misdemeanors
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
Constable
,
so
long
as
you
shall
continue
in
your
Office
,
you
shall
well
and
truely
perform
and
do
so
near
as
you
can
.
So
help
you
God
.
Peace
.
XI
.
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
.
Proof
.
XII
.
Kilb.
Presidents
,
234.
The
Oath
to
Informers
or
Witnesses
.
The
Information
that
you
shall
give
on
the
Kings
Majesties
behalf
against
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
.
Imprisonment
.
XIII
.
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
hereby
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.
Exile
.
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
into
any
of
his
Majesties
Dominions
,
but
by
the
License
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.
Corruptly
,
during
the
time
that
I
shall
remain
therein
;
neither
shall
or
will
accept
,
receive
or
take
by
any
Colour
,
means
or
device
whatsoever
,
or
Consent
to
the
taking
of
any
manner
of
Fee
or
Reward
of
any
Person
or
Persons
for
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.
Church-wardens
.
The
usual
Oath
of
Church-wardens
.
You
shall
Execute
the
Office
of
Church-warden
in
the
Parish
where
you
are
Chosen
for
this
Ensuing
year
,
according
to
his
Majesties
Laws
Ecclesiastical
now
in
force
.
So
help
you
God
.
2.
Or
thus
,
You
shall
Execute
the
Office
of
Church-warden
in
the
Parish
where
you
are
Chosen
,
according
to
your
discretion
and
Skill
in
his
Majesties
Ecclesiastical
Laws
of
this
Realm
now
in
Force
.
So
help
you
God
.
XVI
.
Kilb.
Presidents
.
2
Edit.
239.
24.
Constable
.
The
Oath
of
an
High-Constable
.
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
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
,
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
elsewhere
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
Statutes
(
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
repressing
of
Drunkenness
.
10.
You
shall
there
likewise
true
Presentment
make
of
all
Blood-sheddings
,
Affrayes
,
Outcries
,
Rescues
and
other
Offences
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
Warrants
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
,
Reaping
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
belonging
to
the
Office
of
Constable
,
so
long
as
you
continue
in
the
said
Office
.
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
,
Official
,
Sheriff
,
Escheator
,
Coroner
,
Under-Sheriff
,
Bayliff
,
Goaler
or
other
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
unlawfully
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.
Justices
.
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
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
Justices
,
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
,
Amerciam
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
,
Treason
.
&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
Parliament
(
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.
Relation
.
III.
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
discharged
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.
Utlary
.
IV.
Lamb.
552
,
553.
One
that
had
committed
Man-slaughter
was
Indicted
of
Murder
,
and
thereupon
Utlawed
;
afterward
the
Parliament
pardoned
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.
Pleading
.
V.
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.
Non
obstante
.
VI.
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
Pardon
Coron.
502.
Stanff
.
101.
104.
Crumpt.
115.
b.
§
15.
Various
.
VII
.
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.
Attainder
.
VIII
.
Lamb.
554.
Neither
is
such
a
special
Pardon
of
all
Felonies
,
sufficient
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.
Joinder
.
IX
.
Lamb.
554.
If
the
King
do
Pardon
to
a
Goaler
the
Escapes
of
Prisoners
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.
Marriage
.
X.
Crumpt.
115.
§
4.
Bigamy
is
objected
against
him
that
prayeth
Clergy
,
and
after
he
sheweth
a
Charter
of
Pardon
,
and
because
it
made
no
mention
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
,
Bar.
&
Feme
.
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
Husband
,
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
Justices
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
;
Peace
.
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
,
Utlary
.
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
Attaint
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
it
s
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
matter
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
Manslaughter
for
killing
the
said
S.
would
have
had
the
benefit
of
the
said
General
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
,
Pleading
.
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
.
Bail
.
Rex
Vicecom
'
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
procurationem
suam
,
Damnum
vel
periculum
non
Eveniat
,
teste
&c.
Or
thus
,
de
Incendio
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
.
Oath
.
II.
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
,
without
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.
Supplicavit
.
IV.
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
People
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
pacem
nostram
in
Com'
S.
Conservand
'
Assignatis
salutem
.
Or
thus
,
Custodibus
pacis
nostroe
in
Comitat
'
S.
&c.
&
vicecom'
ejusdem
Comitat'
&
eorum
cuilibet
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
)
corporaliter
venire
faciatis
,
&
ipsum
ad
sufficientes
manucaptores
inveniend'
qui
eum
manucapere
voluerint
sub
certa
Poena
sibi
per
te
vel
vos
rationabiliter
imponend'
pro
quo
nobis
respondere
voluerint
,
vel
volueris
.
Or
thus
,
&
Ipsium
E.
ad
sufficient'
securitat'
inveniend'
sub
poena
centum
librarum
ad
opus
nostrum
solvend'
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
faciat
,
nec
fieri
procurabit
quovismodo
,
Compellatis
vel
Compellas
,
&
si
hoc
coram
vobis
(
vel
te
)
facere
recusaverit
,
tunc
ipsum
E.
proximo
Goal'
nostroe
Committatis
vel
Committas
,
in
eadem
salvo
custodiend'
quousque
hoc
gratis
facere
voluerit
,
&
cum
securitatem
illam
sic
receperitis
vel
ceperis
,
nos
inde
in
Cancellaria
nostra
sub
sigillis
vestris
vel
alicujus
vestrum
(
vel
sub
sigillo
suo
)
distincte
&
aperte
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
minister
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
delivered
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
Supplicavit
is
thus
,
G.
M.
One
of
the
Justices
of
Peace
of
our
Soveraign
Lord
the
King's
Majesty
within
the
County
of
K.
to
the
Sheriff
of
the
said
Shire
,
the
Constables
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
liberties
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
sufficient
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
unto
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
,
bringing
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
,
Certiorari
.
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
certifie
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
Certiorari
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
certis
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
populo
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
Justices
have
power
to
bind
Men
by
Recognizance
to
keep
the
Peace
,
Recognizance
.
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
Congruity
,
because
that
they
have
Authority
to
cause
men
to
keep
the
Peace
,
and
to
hear
and
determine
offences
done
against
the
Peace
,
they
have
power
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.
Justices
.
X.
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
broken
his
Bond
,
the
Justices
of
Peace
ought
of
discretion
to
bind
him
of
new
,
21
Ed.
4.
40.
per
Marrow
,
Crumpt.
141.
infrà
87.
Conspiracy
.
XII
.
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
himself
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
.
Bar.
&
Fem.
XIII
.
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
another
,
by
Marrow
,
Crumpt.
133.
b.
Dalt.
163.
cap.
68.
Ability
.
XIV
.
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
themselves
,
Crumpt.
133.
b.
134.
b.
Dalt.
164.
cap.
68.
Ideot
.
XV.
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
discretion
of
the
Justices
,
as
I
think
:
Neither
shall
surety
of
the
Peace
be
granted
against
a
Mad-man
,
except
he
have
Lucida
Intervalla
,
Dalton
▪
163
,
164.
cap.
68.
Attainder
.
XVI
.
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.
Alien
.
XVII
.
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
Statutes
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
Authorize
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
,
Justices
.
saith
Mr.
Marrow
,
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
Recognizance
may
then
be
according
to
the
Common
Form
with
&
Precipuè
Versus
,
&c.
Crumpt.
134.
b.
Dalt.
162.
163.
cap.
68.
XIX
.
Lamb.
81.
But
some
others
there
be
,
perhaps
,
Dignity
.
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
promises
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
,
Dures
.
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
fecerint
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
Action
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.
Oath
.
XXI
.
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
malicious
vexation
of
another
,
but
of
very
fear
,
and
for
the
needful
safety
of
himself
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
Surety
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
.
YOV
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
.
YOV
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
.
Process
.
XXIII
.
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
Justice
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
Hundred
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.
Therefore
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
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
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
joyntly
,
&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.
Process
.
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
indifferent
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
accustomably
,
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
Command
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
Stranger
,
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.
Officer
.
False
Imprisonment
,
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
,
Return
.
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
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.
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
Conservator
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
needeth
not
demand
Surety
of
him
,
but
may
commit
him
if
he
do
not
offer
Surety
,
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
Action
of
false
Imprisonment
.
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
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
Authority
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
Imprisonment
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
persons
,
if
they
be
not
attendant
upon
Divine
Service
,
may
be
Arrested
for
the
Peace
also
,
by
Marrow
.
Release
.
XXXV
.
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.
Priviledg
.
XXXVI
.
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
discharged
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
,
Justices
.
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
remember
,
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
distance
of
his
Dwelling
,
or
for
other
Reasons
;
so
yet
without
good
Allegation
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
Officer
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
,
Supersedeas
.
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
Westminster
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
Nature
,
and
cannot
be
so
Avoided
)
then
shall
he
do
well
to
take
the
Recognizance
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
otherwise
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.
Supersedeas
.
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
Officer
to
whom
it
is
delivered
,
be
called
at
the
next
Sessions
by
the
Suit
of
him
that
sought
to
have
the
place
,
to
shew
he
hath
Executed
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
Gathered
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
Soveraign
Lord
within
the
said
County
,
and
to
every
of
them
,
sendeth
Greeting
:
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
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
said
County
at
the
next
General
Sessions
of
the
Peace
to
be
holden
at
M.
there
:
therefore
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
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
.
XLIV
.
Lamb.
99.
I
read
21
Ed.
4.
40.
Peace
,
Br.
17.
that
a
Supersedeas
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
awarded
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
contempt
,
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
Awarded
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.
Recognizance
.
If
the
Justice
of
Peace
deal
in
taking
of
the
Recognizance
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
Circumstances
,
are
referred
wholly
to
his
own
Consideration
:
and
if
he
be
deceived
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
Sureties
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
,
Supplicavit
.
then
must
he
behave
himself
as
the
Writ
it self
directeth
him
;
and
that
hath
not
been
alwayes
after
one
manner
,
for
some
Commandeth
him
to
take
sufficient
Manucaptors
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
sufficient
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
,
Bail
.
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
Justice
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
Specialties
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
seemeth
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
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-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
Justices
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
seemeth
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
acknowledgment
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.
Recogn
.
LVI
.
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
Justiciarior'
dicti
Domini
Regis
ad
Pacem
in
dicto
Comitat'
Conservand
'
assignat'
&
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
predict
'
R.
P.
(
viz.
)
quilibet
eorum
separatim
sub
poena
C.
solidorum
quod
idem
R.
P.
personaliter
comparebit
coram
Justiciariis
dicti
Domini
Regis
ad
Pacem
ad
proximam
Generalem
Sessionem
Pacis
in
Com'
predicto
ad
faciend'
&
recipiend'
quod
ei
per
Curiam
tunc
&
ibidem
injungetur
,
&
quod
ipse
interim
pacem
dicti
Domini
Regis
custodiet
erga
ipsum
Dom
Regem
,
&
cunctum
populum
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
loesionem
aut
perturbationem
Pacis
ipsius
Domini
Regis
cedere
valeat
quovismodo
non
faciet
nec
fieri
procurabit
.
Quam
quidem
Summam
xx
libr'
predict
'
R.
P.
&
quilibet
manucaptorum
predictorum
predictas
separales
Summas
C.
Solid'
recognoverunt
se
debere
dicto
Domino
Regi
,
de
terris
&
tenementis
,
bonis
&
catallis
suis
,
quorumlibet
&
cujuslibet
eorum
ad
opus
dict'
Domini
Regis
,
Heredum
&
Successorum
suorum
,
fieri
&
levari
ad
quorumcunque
manus
devenerint
,
si
contigerit
ipsum
R.
P.
premissa
,
vel
eorum
aliquod
in
aliquo
infringere
,
&
inde
legitimo
modo
convinci
.
In
cujus
rei
Testimonium
ego
predictus
I.
L.
Sigillum
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
venerunt
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.
quilibet
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
manucaptorum
predictorum
dictam
summam
xx
libr'
recognoverunt
&c.
Kilb.
Presidents
.
191.
Dalt
.
369.
cap.
123.
LVII
.
Lamb.
107.
And
this
may
be
well
done
also
by
a
single
Recognizance
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
before
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'
Conservand
'
assignat'
J.
S.
de
B.
in
Com'
predict'
Yeoman
,
&
W.
S.
de
eodem
Weaver
,
ac
R.
D.
de
S.
in
Com'
predict'
Taylor
,
&
recognoverunt
se
debere
Dicto
Domino
Regi
,
viz.
quilibet
manucapt'
predict'
v
libr'
,
&
predict'
J.
S.
x
libr'
bonoe
&
legalis
monetoe
Anglioe
solvend'
eidem
Domino
Regi
in
Festo
Purificationis
beatoe
Marioe
Virginis
proxim'
futur'
post
Dat'
present'
&
nisi
fecerint
concesserunt
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'
&
recognovit
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
separatim
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
predictum
recognovit
se
debere
dicto
Domino
Regi
,
de
terris
&
tenement'
,
bonis
&
Catallis
suis
fieri
&c.
si
predict'
W.
S.
defecerit
in
performatione
Condition'
infrascript'
▪
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.
Retorn
.
LIX
.
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
return
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
Supplicavit
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
sufficientem
securitatem
,
&
manucaptores
pacis
inveniend'
secundum
formam
dicti
Brevis
,
viz.
(
as
the
Writ
which
is
of
divers
forms
shall
appoint
)
Compulisse
,
in
cujus
rei
testimonium
huic
presenti
Certificationi
meoe
sigillum
meum
apposui
,
datum
apud
D.
predict'
in
Com'
predict'
25
Die
Febr'
Anno
&c.
Dalt
.
185.
cap.
73.
Certiorari
.
LX.
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
Schedula
huic
Brevi
consuta
.
Crumpt.
143.
ab
.
The
which
Schedule
may
be
thus
.
Reciting
.
MEmorand'
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.
Joyndre
.
LXI
.
Lamb.
108
,
109.
If
the
Supplicavit
be
against
divers
,
and
the
Party
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.
Retorn
.
LXII
.
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
Registre
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
Office
,
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
Rotulorum
,
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
,
Appearance
.
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
compelleth
one
to
give
Surety
of
the
Peace
until
a
certain
day
,
Release
.
may
by
like
discretion
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
taken
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
forfeited
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
consequently
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
Recognizance
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
cujus
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
coram
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'
Anno
&c.
venit
coram
me
J.
B.
Armig
'
uno
Justiciar'
,
dicti
Domini
Regis
ad
pacem
in
Com'
predict'
conservand'
assignat'
apud
W.
in
Com'
predict'
,
&
ibidem
remisit
&
gratis
relaxavit
R.
W.
de
S.
in
Com'
predict'
Laborer
securitatem
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'
,
&
securitatem
pacis
quam
habet
versus
J.
S.
de
&c.
penitus
remisit
&
relaxavit
,
dat'
Die
&
Anno
supradictis
.
Supersedeas
.
LXXI
.
Lamb.
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
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
peradventure
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.
Abatement
.
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.
Menace
.
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
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
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
command
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
,
Oath
.
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
Sheriff
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
appearance
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
appears
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
,
Affray
.
Servant
or
Child
reasonably
it
s
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.
Officer
.
LXXXII
.
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
Office
,
5
&
6
Ed.
6.
16.
§
.
N.
Oath
.
LXXXIII
.
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.
Justices
.
LXXXIV
.
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
.
Appearance
.
LXXXV
.
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.
Supplicavit
.
LXXXVI
.
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
cannot
go
to
be
bound
before
any
other
Justice
,
&c.
21
H.
7.
22.
Crumpt.
141.
&
9
Ed.
4.
32.
Dalt
.
182.
cap.
73.
Recognizance
.
LXXXVII
.
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
Recognizance
,
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
determined
,
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
Attorny
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.
Day●
.
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
,
Constable
.
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.
Joinder
.
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.
Forfeiture
.
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
before
,
per
Cur
'
10
H.
7.
11.
&
21
Ed.
4.
40.
Dalt
.
177.
cap.
71.
XCVI
.
Crumpt.
144.
Ability
.
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.
Bar.
&
Feme
.
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
Husband
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.
Supersedeas
.
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
compel
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
discharge
a
Precept
of
another
Justice
,
awarded
to
find
Surety
of
the
Peace
before
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
,
Affray
.
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.
Justices
.
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
common
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
content
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
indeed
he
neither
doth
fear
,
nor
hath
any
cause
,
this
Oath
shall
discharge
the
Justice
,
and
the
fault
shall
remain
upon
such
Complainant
.
Behaviour
.
CIII
.
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
malice
,
or
for
vexation
,
the
Justice
may
presently
in
good
discretion
bind
him
to
the
good
behaviour
that
so
required
the
Peace
.
Release
.
CIV
.
Dalt
.
176.
cap.
71.
But
yet
it
is
now
holden
,
That
neither
the
Justice
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
Recognizance
,
&c.
Lamb.
110
,
111.
Supplicavit
.
CV
.
Dalt
.
185.
cap.
73.
And
for
this
manner
of
Oppression
(
viz.
by
obtaining
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
motion
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
Process
shall
be
granted
,
and
unless
that
such
Motion
and
Declaration
be
mentioned
,
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
Offenders
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
&
pacis
Domini
regis
Perturbator
.
Et
quod
idem
J.
S.
apud
C.
predict'
in
Com'
N.
predict'
custodit
,
tenet
&
occupat
quandam
Domum
sive
Tabernam
non
habent'
usuale
signum
,
aptè
apposit'
vulgariter
dict'
a
blind
Tavern
.
Et
quod
primo
die
Junii
&c.
necnon
diversis
diebus
&
noctibus
antea
&
postea
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
inquietantur
&
gravantur
,
&
ministri
Domini
Regis
propter
pacis
Conservationem
,
officia
sua
ibidem
exercere
&
exequi
prohibentur
,
&
sepenumero
in
periculo
Amissionis
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
multipliciter
molestantur
,
inquietantur
&
gravantur
contra
pacem
dicti
Domini
Regis
&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
,
Justices
.
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
upon
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
Offences
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
themselves
,
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
,
Ability
.
F.
N.
B.
168
II.
23
Ed.
3.
7.
Item
,
Charity
.
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
necessary
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
,
Justices
.
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
,
Good
behavior
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
distrainable
,
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
,
Imprisonment
they
shall
be
sent
to
the
next
Goal
,
there
to
abide
till
the
coming
of
the
Justices
assigned
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
,
License
.
It
is
accorded
and
assented
that
of
every
person
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
,
Settlement
.
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
Proclamation
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
,
Religion
.
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.
Scholars
.
IX
.
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.
Ouster
le
mer.
X.
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.
Pasports
.
XI
.
12
Ric.
2.
8.
§
1.
N.
2.
And
the
same
Mayors
and
Bayliffs
,
shall
enquire
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.
Oath
.
XII
.
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.
Pain
.
XIII
.
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.
Appropriation
XIV
.
15
Ric.
2.
6.
§
1.
N.
2.
It
is
agreed
and
assented
that
in
every
Licence
from
henceforth
to
be
made
in
the
Chancery
,
of
the
Appropriation
of
any
Parish
Church
,
it
shall
be
expresly
contained
and
comprised
,
that
the
Diocesan
of
the
place
upon
the
Appropriation
of
such
Churches
,
shall
ordain
according
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
sustenance
for
ever
.
Abbe
.
XV.
2
H.
5.
1.
§
1.
N.
2.
The
King
,
&c.
hath
,
&c.
ordained
and
established
that
as
to
the
Hospitals
which
be
of
the
Patronage
and
Foundation
of
the
King
,
the
Ordinaries
by
vertue
of
the
Kings
Commissions
to
them
directed
,
shall
enquire
of
the
manner
and
foundation
of
the
said
Hospitals
,
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
,
Ordinary
.
XVI
.
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
.
Imprisonment
XVII
.
11
H.
7.
2.
Forasmuch
as
the
Kings
Grace
most
intirely
desireth
among
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
provided
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.
Imprisonment
XVIII
.
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
Parliament
,
it
be
ordained
and
enacted
,
that
where
such
misdoers
should
be
by
Examination
Committed
to
the
Common
Goal
,
there
to
remain
as
is
aforesaid
,
that
the
Sheriffs
,
Mayors
,
Baliffs
,
high
Constables
,
and
pety
Constables
,
and
all
other
Governours
and
Officers
of
Cites
,
Boroughs
,
Towns
,
Townships
,
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
,
Lieu.
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
,
Charity
.
give
any
other
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
every
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
,
Lieu.
&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
begging
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
,
Scholars
.
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
,
Officers
.
&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
within
this
Realm
,
and
the
Sheriff
in
his
Tourn
,
Leet
.
have
Authority
to
enquire
thereof
in
his
Leet
and
Tourn
;
and
the
Lord
of
the
Leet
to
have
for
every
default
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
Ordinance
be
forfeited
by
any
Officer
,
or
any
other
person
,
Forfeiture
.
for
non
punishment
of
Vagabonds
,
and
other
misruled
persons
,
within
every
City
,
where
Mayor
and
Aldermen
be
,
that
the
profit
of
every
such
penalty
be
unto
the
Alderman
of
that
Ward
,
where
such
forfeiture
is
had
or
made
,
to
his
own
profit
,
19
H.
7.
12.
§
1.
N.
12.
XXVI
.
11
H.
7.
2.
§
1.
N.
12.
And
also
it
is
ordained
and
enacted
,
Distress
.
&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.
Women
.
XXVII
.
11
H.
7.
2.
§
1.
N
,
14.
Provided
always
that
deminution
of
punishment
of
Vagabonds
and
Beggars
aforesaid
may
and
shall
be
had
for
women
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.
Alen.
XXVIII
.
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.
Forfeiture
.
XXIX
.
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
imprisonment
,
39
Eliz.
3.
§
N.
Lamb.
437.
Seisure
.
XXX
.
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
.
Enquest
.
XXXI
.
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
.
Exile
.
XXXII
.
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
Imprisonment
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
.
Restitution
.
XXXIII
.
22
H.
8.
10.
§
4.
N.
1.
Provided
always
that
every
such
person
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
Feloniously
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
Contrary
notwithstanding
.
Seisures
.
XXXIV
.
22
H.
8.
10.
§
5.
N.
1.
Provided
always
and
be
it
further
Enacted
,
that
if
any
Justice
of
Peace
,
Sheriff
or
Escheator
,
which
by
Authority
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
,
doing
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
,
according
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.
Seisure
.
Every
Justice
of
the
Peace
may
,
(
within
one
month
after
the
arrival
,
)
seize
all
the
Goods
of
any
Outlandish
persons
,
calling
themselves
Aegyptians
,
that
shall
come
into
this
Realm
,
and
may
also
keep
the
one
moity
thereof
to
his
own
use
,
making
account
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
incontinently
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
,
Seisure
.
calling
themselves
Aegyptians
,
that
he
shall
lawfully
seize
by
vertue
of
this
Statute
,
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
,
Restitution
.
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
himself
an
Aegyptian
,
or
any
such
stranger
commits
any
Murder
,
Enquest
.
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
England
,
Vagabonds
and
Beggars
,
have
of
long
time
increased
,
Laborors
.
and
daily
do
increase
in
Great
and
Excessive
Numbers
,
by
the
occasion
of
Idleness
,
the
Mother
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
inquietation
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
,
Contempt
.
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
augmented
and
increased
into
great
Routs
and
Companies
,
as
evidently
and
manifestly
it
doth
and
may
appear
.
XLI
.
22
H.
8.
12.
§
1.
N.
3.
Be
it
therefore
enacted
,
Justices
.
&c.
That
the
Justices
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
,
Bailiffs
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
,
Liberty
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
Authorities
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
Impotent
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
appointed
.
Records
.
XLII
.
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
.
Seals
.
XLIII
.
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
divided
,
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
.
License
.
XLIV
.
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
.
Seals
.
XLV
.
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
.
Lieu.
XLVI
.
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
,
Parish
or
Franchis
where
they
be
Authorised
to
beg
in
.
License
.
XLVII
.
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
after
the
Feast
of
St.
John
,
be
Vagrant
and
go
a
begging
,
having
no
such
Letter
under
Seal
,
as
is
above
specified
,
that
then
the
Constables
and
all
other
Inhabitants
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.
Pain
.
And
thereupon
the
said
Justice
of
Peace
or
high
Constable
,
shall
command
the
said
Constables
,
and
other
Inhabitants
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
,
Imprisonment
then
to
command
such
Begger
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.
Lieu.
And
thereupon
the
said
Justice
or
high
Constable
,
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
,
Ability
.
&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
Officers
,
Ministers
and
Subjects
,
of
every
Town
,
Parish
and
Hamlet
,
to
Arrest
the
said
Vagabonds
and
Idle
persons
,
and
them
bring
to
any
of
the
Justices
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
Corporate
.
LII
.
22
H.
8.
12.
§
3.
N.
2.
And
that
every
such
Justice
of
Peace
,
Pain
.
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.
Oath
.
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
forthwith
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
,
Pasport
.
every
such
person
so
punished
and
ordered
,
shall
have
a
Letter
Sealed
with
the
Seal
of
the
Hundred
,
Rape
Wapentake
,
City
,
Borough
,
Town
,
Liberty
,
or
Franchis
,
wherein
he
shall
be
punished
,
Witnessing
that
he
hath
been
punished
according
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
,
shewing
the
same
Letter
,
and
otherwise
not
.
Proces
.
LV.
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
without
begging
,
as
long
as
he
is
able
so
to
do
.
Imprisonment
LVI
.
22
H.
8.
12.
§
3.
N.
6.
And
if
the
person
so
whipped
,
be
an
Idle
person
,
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
Officer
,
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
Beggers
,
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
.
Justices
.
LVII
.
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
,
Constables
,
and
other
Officers
,
and
persons
that
shall
be
negligent
in
Executing
this
Act.
Constable
.
LVIII
.
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
negligent
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
Begger
,
as
is
above
limited
,
that
then
the
Township
,
or
Parish
,
where
such
default
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
.
Justices
.
LIX
.
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
.
Distress
.
LX.
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
distrain
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
Execution
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
,
Americament
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
abovesaid
,
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
,
Fines
.
if
it
grow
by
presentment
,
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
,
Issues
.
or
persons
distrained
,
appear
not
at
the
day
and
place
contained
in
such
distress
,
then
upon
the
return
of
the
Sheriff
,
or
other
Officers
to
whom
the
distress
was
delivered
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
Information
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
,
Scholars
.
&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
,
Chancellor
or
Vice-Chancellor
of
the
same
,
and
all
and
singular
the
men
pretending
losses
of
their
Ships
and
Goods
of
the
Sea
,
going
about
the
Country
begging
,
without
sufficent
authority
witnessing
the
same
,
shall
be
punished
and
ordered
in
manner
and
form
as
is
above
rehearsed
of
strong
Beggars
.
LXV
.
22
H.
8
12.
§
6.
N.
2.
Vagrants
.
And
that
all
Proctors
and
Pardoners
going
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
Physick
,
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
subjects
:
shall
upon
examination
had
before
two
Justices
of
the
Peace
,
whereof
the
one
shall
be
of
the
Quorum
,
if
he
by
probable
Witness
be
found
Guilty
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
offence
,
or
any
like
offence
,
to
be
scourged
two
days
,
Pain
.
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
,
Pain
.
to
have
like
punishment
with
whipping
,
standing
on
the
Pillory
,
and
to
have
his
other
ear
cut
off
.
LXVIII
.
22
H.
8.
12.
§
6.
N.
5.
And
that
Justices
of
the
Peace
,
Franchis
.
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
.
Notice
.
LXIX
.
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
.
Charity
.
LXX
.
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
.
Proces
.
LXXI
.
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
any
Mayor
,
Sheriff
,
Baliff
,
or
other
person
that
shall
endeavour
himself
for
the
due
Execution
thereof
,
it
s
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
every
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
.
Cinque
Ports
.
LXXII
.
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
Progenitors
,
Kings
of
England
,
to
the
said
Barons
,
or
other
Inhabitants
,
their
Ancestors
or
Predecessors
or
any
of
them
.
Cinque
Ports
.
LXXIII
.
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
.
Cinque
Ports
.
LXXIV
.
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
above
remembred
.
Cinque
Ports
.
LXXV
.
22
H.
8.
12.
§
9.
N.
4.
And
if
any
person
,
&c.
which
shall
Inhabit
within
the
said
Five
Ports
or
Members
,
be
impotent
,
or
other
Idle
person
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
punished
according
to
this
Act
,
any
thing
in
this
Proviso
to
the
contrary
notwithstanding
.
Seals
.
LXXVI
.
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
,
License
.
whereby
any
Impotent
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
,
License
.
for
reasonable
considerations
is
Licensed
to
beg
within
the
Hundred
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
,
License
.
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
,
License
.
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
Letter
shall
be
made
at
the
equal
costs
of
such
the
said
Justices
,
Mayors
,
Sheriffs
,
License
.
Bailiffs
or
other
Officers
within
whose
Jurisdiction
,
Powers
,
and
Authorities
,
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
Officers
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
,
Imprisonment
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
,
Fees
.
&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
person
so
delivered
shall
have
a
Letter
made
to
him
by
the
Clerk
of
the
Peace
of
the
Shire
,
within
the
which
he
was
delivered
,
License
.
if
he
be
delivered
in
the
Shire
,
and
if
he
be
delivered
in
any
City
,
Borough
or
Town
Corporate
,
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
afore
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
Letter
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
following
.
License
.
LXXXV
.
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
Fellows
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
appointed
to
do
by
this
act
,
27
H.
8.
25.
(
26
)
§
6.
Fees
.
LXXXVI
.
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
.
Escape
.
LXXXVII
.
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
deliverance
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
,
containing
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
.
License
.
LXXXVIII
.
22
H.
8.
12.
§
20.
N.
1.
And
it
is
Enacted
,
that
if
any
person
,
&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
contrary
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
limited
for
Non-Execution
of
the
punishment
of
strong
Beggers
.
LXXXIX
.
22
H.
8.
12.
§
21.
N.
1.
Charity
.
Provided
alway
that
it
be
lawful
to
every
person
,
&c.
Being
bounden
by
reason
of
any
Foundation
,
or
Ordinance
,
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
,
after
like
manner
and
form
,
as
they
have
been
accustomed
to
do
in
that
behalf
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
Masters
and
Governors
of
Hospitals
,
Abbe
.
to
lodge
and
Harbor
any
person
or
Persons
,
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
bounden
or
own
to
do
,
any
thing
in
this
Statute
to
the
Contrary
hereof
notwithstanding
.
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.
Continuance
.
XCII
.
23
H.
8.
15.
§
2.
N.
1.
Suits
.
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
admitted
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
,
Lieu.
&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
whipped
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.
Taxes
.
And
forasmuch
as
it
was
not
provided
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
Hundred
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
Vagabonds
at
their
said
repair
into
every
Hundred
of
this
Realm
.
XCV
.
27
H.
8.
25.
(
26.
)
§
2.
N.
2.
It
is
therefore
now
Ordained
,
Constable
.
&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
thither
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
order
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
Ministers
of
every
of
the
same
Cities
,
Shires
,
Towns
,
Hundreds
,
Corporation
.
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
without
,
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
Parishes
:
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
.
Sheriffs
.
XCVII
.
27
H.
8.
25.
(
26.
)
§
2.
N.
4.
And
every
Mayor
,
Alderman
,
Sheriff
,
Bailiff
,
Constable
,
and
all
other
head
Officers
and
Ministers
,
of
every
County
,
City
,
Town
and
Parish
,
within
this
Realm
,
or
within
any
the
Kings
Dominions
,
as
well
within
Liberties
as
without
,
and
all
other
persons
Inhabitants
within
any
of
the
same
,
shall
endeavour
themselves
to
order
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
enquired
of
at
every
Quarter
Sessions
,
and
to
be
duely
presented
and
found
by
the
verdict
of
twelve
men
.
Constable
.
XCVIII
.
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
towards
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
.
Ability
.
XCIX
.
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
specified
,
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
Rufflers
shall
be
suffered
to
be
resiant
and
abiding
by
the
space
of
two
days
,
and
not
punished
in
form
hereafter
declared
.
Corporation
.
C.
27
H.
8.
25.
(
26.
)
§
5.
N.
1.
It
is
Ordained
,
&c.
That
all
and
every
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
Diseased
people
,
being
not
able
to
Work
,
may
be
provided
,
holpen
and
relieved
,
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.
Forfeiture
.
Upon
pain
that
all
and
every
the
Mayors
,
Governors
,
Aldermen
,
head
Officers
,
and
others
the
Kings
Officers
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
,
Lieu.
&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
purport
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
notwithstanding
.
CIII
.
27
H.
8.
25.
(
26.
)
§
7.
N.
1.
Item
,
It
is
also
Enacted
,
Enfant
.
&c.
that
the
said
Governors
,
Aldermen
,
Justices
of
the
Peace
,
and
head
Officers
,
Bailiffs
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
fourteen
years
and
above
the
age
of
five
years
,
in
Begging
or
Idleness
,
and
to
appoint
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
,
giving
to
them
of
the
said
Charitable
collections
as
it
may
conveniently
be
sustained
,
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
,
Apprentice
.
refuse
such
service
or
depart
from
the
same
,
without
cause
reasonable
,
then
they
to
be
Arrested
and
apprehended
by
any
of
the
said
Officers
,
and
to
be
brought
before
the
Mayor
,
Aldermen
,
Justices
of
the
Peace
,
Baliffs
,
Governors
,
Constables
,
and
other
Officers
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
Parish
where
he
was
apprehended
,
be
openly
whipped
with
Rods
,
by
the
discretion
of
the
said
Governors
or
Bailiffs
,
and
thereupon
to
be
sent
again
unto
his
service
,
and
so
to
be
served
as
often
as
he
shall
be
apprehended
and
Convicted
in
form
aforesaid
.
CV
.
27
H.
8.
25.
(
26.
)
§
7.
N.
3.
And
if
any
person
or
persons
,
Proces
.
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
,
Search
.
&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
according
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.
Proces
.
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
aforesaid
,
for
and
concerning
the
making
of
all
the
said
searches
and
the
apprehending
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
.
Games
.
CVIII
.
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
,
taking
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
.
Encumbant
.
CIX
.
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
bountiful
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
continual
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
.
Pain
.
CX
.
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
Ministers
,
happen
to
wander
,
loyter
,
or
idly
to
use
themselves
and
play
the
Vagabonds
,
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
Examinations
and
proof
of
the
continuance
of
his
said
loytering
,
wandering
in
idleness
or
Vagaboncy
,
shall
be
Eftsoons
,
not
only
whipped
again
and
sent
into
the
City
,
Ward
,
Town
,
Hundred
or
Parish
,
whereunto
he
was
first
appointed
,
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
.
Constable
.
CXI
.
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
valiant
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
singular
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
,
Imprisonment
&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
continual
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
,
Search
.
&c.
That
the
Knight
Marshal
for
the
time
being
,
shall
have
full
power
and
Authority
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
Rufflers
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.
Charity
.
And
for
the
avoiding
of
such
inconveniences
and
Infections
as
oftentime
have
and
daily
do
chance
among
the
people
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
Enacted
,
&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
,
otherwise
than
to
the
common
Boxes
and
Common
Gatherings
in
Every
City
,
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
purposes
,
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
,
Taxes
.
&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
distribute
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
.
Account
.
CXVI
.
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
thereof
;
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
render
and
yield
account
of
all
summs
of
Mony
,
as
by
them
shall
be
gathered
,
and
how
,
and
in
what
manner
it
was
imployed
.
Account
.
CXVII
.
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
limited
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
,
Borough
or
Town
Corporate
,
which
Justice
or
Mayor
or
Bailiff
,
shall
cause
every
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
specified
and
declared
in
this
Act.
Incumbent
.
CXVIII
.
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
Parish
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
Inhabitants
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
always
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
.
Charity
.
CXIX
.
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
another
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
.
Constable
.
CXX
.
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
,
Charity
.
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
substantial
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
expressed
from
time
to
time
,
as
necessity
shall
require
,
making
always
mention
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
,
Days
.
&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
undone
.
CXXIII
.
27
H.
8.
25.
(
26.
)
§
20.
N.
2.
And
all
Justices
of
Peace
in
every
County
and
Liberty
of
this
Realm
,
Justices
.
shall
have
full
power
and
Authority
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
declared
.
CXXIV
.
27
H.
8.
25.
(
26.
)
§
21.
N.
1.
Finally
it
is
ordained
,
Continuance
.
&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.
Forfeiture
.
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
offence
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
Record
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.
Charity
.
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
Charity
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
,
Certificat
.
&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
writing
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.
Church
wardens
.
CXXVIII
.
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
.
Charity
.
CXXIX
.
27
H.
8.
25.
(
26.
)
§
24.
N.
2.
And
that
in
all
Cities
,
Boroughs
,
Towns
and
Parishes
of
this
Realm
,
the
overplus
of
all
,
and
all
manner
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
sustentation
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
,
Governors
,
Justices
of
Peace
,
and
high
Constable
of
the
same
.
Constable
.
CXXX
.
27
H.
8.
25.
(
26.
)
§
25.
N.
1.
Provided
alwais
that
in
such
Cities
,
Towns
,
Hundreds
,
Wapentakes
,
Lathes
,
Rapes
,
Ridings
,
Tythings
,
Hamlets
and
Parishes
,
where
the
voluntary
,
and
unconstrained
Alms
,
and
Charity
of
the
Parishioners
or
people
,
which
by
this
Act
shall
be
contributory
to
such
Alms
,
and
with
such
Mony
,
as
shall
be
added
and
given
to
the
same
,
from
any
Monasteries
,
or
other
persons
,
bodies
Politick
,
Corporate
or
other
,
will
not
suffice
to
the
sustentation
of
the
poor
,
needy
and
indigent
people
,
being
within
the
limits
of
such
contribution
,
neither
the
Mayors
,
Aldermen
,
Sheriffs
,
Bailiffs
,
Constables
or
other
head
Officers
,
Householders
,
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
extend
,
otherwise
than
that
the
persons
thereunto
appointed
by
this
Act
,
shall
well
and
truly
distribute
,
according
to
the
purport
of
the
same
,
the
said
Charity
and
Alms
that
shall
come
to
their
hands
,
of
voluntary
gift
,
upon
the
penalties
in
this
Act
for
the
same
provided
,
any
Clause
,
Sentence
or
Words
in
the
same
Act
,
being
or
founden
to
the
Contrary
thereof
notwithstanding
.
Charity
.
CXXXI
.
27
H.
8.
25.
(
26.
)
§
26.
N.
1.
Provided
also
it
shall
be
lawful
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
.
License
.
CXXXII
.
27
H.
8.
25.
(
26.
)
§
27.
N.
1.
Provided
furthermore
that
Servingmen
departing
from
their
service
by
License
,
Will
,
Death
or
Exclusion
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
testimony
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.
Abbe
.
CXXXIII
.
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
remaining
out
of
the
places
where
they
were
born
,
or
had
their
last
habitation
,
or
for
passing
abroad
to
gather
the
Alms
and
Charity
of
Christian
people
,
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
,
Abbe
.
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
,
Charity
.
for
receiving
of
the
same
,
or
for
their
abiding
in
such
Alms-houses
or
Hospitals
according
to
such
foundation
.
CXXXVI
.
27
H.
8.
25.
(
26.
)
§
29.
N.
3.
Ne
also
for
Alms
in
ready
Mony
,
Mariners
.
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
Riding
,
Going
or
passing
by
the
way
,
Charity
.
shall
after
his
or
their
Conscience
or
charity
,
give
Mony
or
other
thing
to
Lame
,
Blind
or
Sick
,
Aged
or
Impotent
people
,
any
thing
in
this
Act
to
the
contrary
mentioned
notwithstanding
.
CXXXVIII
.
1
Ed.
6.
3.
Forasmuch
as
Idleness
and
Vagaboncy
,
Laborers
.
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
,
Parliament
.
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
Executed
,
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
Members
,
or
rather
Enemies
of
the
Common-wealth
have
been
suffered
to
remain
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
common-wealth
,
yet
if
they
could
be
brought
to
be
made
profitable
and
do
service
,
it
were
much
to
be
wished
and
desired
.
CXL
.
1
Ed.
6.
3.
§
1.
N.
3.
Be
it
therefore
Enacted
,
Repealance
.
&c.
First
that
all
Statutes
and
Acts
of
Parliment
heretofore
made
for
the
punishment
of
Vagabonds
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.
Ability
.
Secondly
that
whosoever
after
the
first
day
of
April
next
following
,
Man
or
Woman
,
being
not
Lame
,
Impotent
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
.
Apprentice
.
CXLII
.
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
within
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
espying
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
witnesses
,
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.
Villenage
.
CXLIII
.
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
following
,
and
to
order
the
said
Slave
as
followeth
,
that
is
to
say
,
to
take
such
person
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.
Villenage
.
CXLIV
.
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
.
Villenage
.
CXLV
.
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
.
Villenage
.
CXLVI
.
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
.
Villenage
.
CXLVII
.
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
second
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
Runnaway
to
be
taken
as
a
Felon
,
and
thereof
being
lawfully
Indicted
and
attainted
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
,
Clergy
.
&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
hereafter
expressed
.
CXLIX
.
1
Ed.
6.
3.
§
4.
N.
1.
And
be
it
further
enacted
,
Ordinary
.
&c.
that
every
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
henceforth
find
any
man
,
if
they
can
,
who
shall
be
bound
with
two
sufficient
Sureties
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
person
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
Orders
,
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
person
,
being
bound
,
as
is
aforesaid
,
to
be
of
the
keeping
of
the
said
convict
,
clerely
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
,
Bail
.
cannot
find
any
man
to
be
bound
,
as
is
aforesaid
,
to
whom
he
may
be
adjudged
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
present
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
,
Imprisonment
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
demand
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
Penalties
for
running
away
,
and
other
orders
,
as
is
before
expressed
of
a
Vagabond
,
adjudged
to
any
man
for
a
Slave
,
(
the
burning
in
the
brest
only
excepted
)
and
upon
the
adjudgment
delivered
to
such
demandant
,
the
Ordinary
from
thenceforth
of
the
keeping
of
such
Clerk
convicted
or
attainted
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
,
Infant
.
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
after
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
,
Infant
.
go
idly
wandring
about
as
a
Vagabond
.
Infant
.
CLIV.
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
wandring
,
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
.
Infant
.
CLV
.
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
person
,
so
taking
and
promising
to
be
used
and
ordered
in
all
points
,
according
as
the
Law
and
custome
of
this
Realm
is
of
Servants
and
Apprentices
,
to
what
labor
,
occupation
or
service
soever
,
the
said
Master
shall
appoint
him
or
her
during
the
said
terme
.
Infant
.
CLVI
.
1
Ed.
6.
3.
§
7.
N.
5.
And
if
it
shall
fortune
such
Child
so
adjudged
,
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
.
Villenage
.
CLVII
.
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
adjudged
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
.
Villenage
.
CLVIII
.
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
resisting
their
correction
or
otherwise
,
or
when
they
be
manumitted
and
set
again
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
.
Villenage
.
CLIX.
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
offending
,
to
be
adjudged
to
the
person
so
willing
to
take
him
or
her
so
offending
,
slave
for
ever
,
and
thereupon
to
be
discharged
of
the
Felony
.
Villenage
.
CLX
.
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
Apprentices
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
,
Apprentice
.
&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
inquire
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.
Justices
.
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
,
Lieu.
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
County
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
,
Certificate
.
or
Head-Officer
of
the
Town
of
Z.
(
if
it
be
a
Town
)
or
to
the
Constable
or
Tything-man
of
the
Village
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
,
Certificate
.
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
,
Constable
.
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
,
Lieu.
Hamlet
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
,
Punishments
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
,
Laborer
.
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.
whereof
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
Protection
shall
be
allowed
.
Corporation
.
CLXIX
.
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.
Lieu.
CLXX
.
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
.
Alien
.
CLXXI.
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
,
marking
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
convenient
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
over
into
their
Countries
,
Ability
.
CLXXII
.
1
Ed.
6.
3.
§
13.
N.
1.
And
forasmuch
as
there
is
many
maimed
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
separated
,
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
.
Trades
.
CLXXIII
.
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
,
Impotent
,
maimed
and
aged
persons
,
who
otherwise
cannot
by
their
discretions
be
taken
for
Vagabonds
,
which
were
born
within
the
said
City
,
Town
or
Hundred
,
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
Tenantries
,
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
releived
and
cured
,
by
the
devotion
of
the
good
people
of
the
said
City
,
Borough
,
Town
or
Village
.
Lieu.
CLXXIV
.
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
Precincts
of
such
Cities
,
Towns
,
Villages
or
Hundreds
.
Forfeiture
.
CLXXV
.
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
Jurisdiction
,
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
hereof
,
be
it
Enacted
,
&c.
that
the
Mayor
of
the
City
of
London
,
Corporation
.
and
all
other
Mayors
,
Bailiffs
,
Sheriffs
,
Constables
,
and
other
Head-Officers
of
every
City
and
Town
Corporate
,
do
with
all
convenient
speed
,
by
themselves
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
,
Beggers
,
as
be
within
the
precinct
of
their
Jurisdiction
.
CLXXVII
.
1
Ed.
6.
3.
§
14.
N.
2.
And
see
all
such
as
were
not
born
,
Settlement
.
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
otherwise
,
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
,
Forfeiture
.
Sheriff
or
Constable
,
Head-borough
or
Head-Officer
,
not
making
view
,
not
sending
or
conveying
away
,
not
receiving
,
or
not
providing
,
as
is
before
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
,
Ability
.
that
if
any
of
the
said
aged
,
maihmed
or
Impotent
persons
of
the
Cities
,
Towns
or
Villages
,
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
provide
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
,
Pain
.
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
,
Ability
.
and
to
whom
Charity
ought
to
be
extended
.
CLXXXII
.
1
Ed.
6
3.
§
16.
N.
2.
Be
it
Enacted
,
Days
.
&c.
that
every
Sunday
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
relieving
of
them
,
which
be
their
Bretheren
in
Christ
,
born
in
the
same
Parish
and
needing
their
help
.
CLXXXIII
.
1
Ed.
6.
3.
§
17.
N.
1.
Provided
always
,
Apprentice
.
that
if
it
shall
chance
any
such
adjudged
Apprentice
,
Servant
or
Slave
,
as
is
before
rehearsed
,
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
notwithstanding
.
Villenage
.
CLXXXIV
.
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
hereafter
,
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
therein
contained
to
the
contrary
,
in
any
wise
notwithstanding
.
Women
.
CLXXXV
.
1
Ed.
6.
3.
§
18.
N.
2.
Any
Woman
being
a
Servant
,
Apprentice
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
.
Settlement
.
CLXXXVI
.
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
liberty
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
other
Counties
or
Places
,
by
Virtue
of
this
Act
,
any
thing
therin
contained
to
the
contrary
notwithstanding
.
Charity
.
CLXXXVII
.
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
charitable
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
.
Villenage
.
CLXXXVIII
.
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
abovesaid
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
.
Villenage
.
CLXXXIX
.
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
.
Notice
.
CXC
.
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
.
Continuance
.
CXCI.
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.
Commission
.
CXCII
.
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
,
decay
,
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
,
Charity
.
(
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
Chapel
or
Chantry
,
and
other
the
premisses
,
&c.
CXCIV
.
1
Ed.
6.
14.
§
12.
N.
2.
And
thereupon
to
make
assignments
,
Mortmain
.
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
premisses
,
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
,
Trades
.
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
,
Murders
,
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
,
Villenage
.
&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
,
Continuance
.
&c.
(
viz.
22
H.
8.
12.
)
And
every
matter
,
article
,
proviso
,
branch
and
sentence
therein
contained
,
to
be
from
henceforth
revived
,
made
good
and
stand
in
full
strength
and
vertue
,
and
shall
continue
and
remain
a
perfect
Act
of
Parliament
for
ever
.
CXCVIII.
3
&
4
Ed.
6.
16.
§
3.
N.
1.
And
be
it
therefore
Enacted
,
Justices
.
&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
together
and
make
their
several
division
according
to
the
purport
and
effect
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
diligent
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
impotent
person
,
after
the
Feast
of
Easter
next
to
come
,
Ability
.
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
,
Pain
.
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
,
Husbandry
.
&c.
that
such
common
laborers
(
viz.
in
Husbandry
)
being
persons
able
in
body
,
using
loytering
and
refusing
to
work
for
such
reasonable
wages
,
as
is
most
commonly
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.
)
Cottages
.
CCII.
3
&
4
Ed.
6.
16.
§
4.
N.
4.
Be
it
Enacted
,
&c.
that
all
and
singular
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
,
Impotent
,
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.
Continuance
.
CCIII
.
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
.
Records
.
CCIV.
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
delivered
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
according
to
the
form
of
the
said
Statute
.
Infant
.
CCV
.
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
going
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
,
without
a
reasonable
cause
before
the
end
of
their
terme
,
1
Ed.
6.
3.
§
7.
N.
5.
Justices
.
CCVI.
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
warrant
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
Masters
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
.
Apprentice
.
CCVII.
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
intice
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.
against
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
,
Justices
.
and
be
it
Enacted
,
&c.
that
if
the
Master
or
Mistres
,
to
whom
such
Child
,
as
is
aforesaid
,
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
appear
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
,
Infant
.
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
,
Fees
.
and
in
like
manner
shall
have
4
d.
and
not
above
,
for
the
first
entry
of
the
Child
to
be
servant
,
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
,
Women
.
&c.
that
if
the
Woman
Child
to
be
appointed
a
Servant
,
as
is
aforesaid
,
be
Marryed
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
contrary
notwithstanding
,
1
Ed.
6.
3.
§
18.
N.
2.
CCXII.
5
&
6
Ed.
6.
2.
§
1.
N.
2.
Be
it
Enacted
,
Continuance
.
&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
contained
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
,
Assembly
.
&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
Impotent
,
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
,
Overseers
.
and
two
of
his
Brethren
in
every
City
,
the
Bailiffs
,
or
other
Head-Officers
,
in
Boroughs
and
Towns-Corporate
;
The
Parson
,
Vicar
or
Curate
,
and
Church-wardens
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
.
Taxes
.
CCXV
.
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
.
Charity
.
CCXVI
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
.
Alms.
CCXVII
.
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
.
Beggers
.
CCXVIII
.
5
&
6
Ed.
6.
2.
§
2.
N.
6.
But
none
to
go
or
sit
openly
a
begging
,
upon
pain
limited
in
the
foresaid
Statutes
,
(
viz.
22
H.
8.
12.
&
3
&
4
Ed.
6.
16.
Officer
.
CCXIX.
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
truly
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
.
Account
CCXX
.
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
Curate
,
and
Church-wardens
of
the
Parish
.
Account
.
CCXXI
.
5
&
6
Ed.
6.
2.
§
4.
N.
2.
At
which
Account
,
such
of
the
Parish
as
will
may
be
present
.
Arearges
.
CCXXII
.
5
&
6
Ed.
6.
2.
§
4.
N.
3.
And
when
they
go
out
of
their
Office
,
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
.
Account
.
CCXXIII.
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
.
Charity
.
CCXXIV.
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
Curate
,
and
Church-wardens
of
the
Parish
where
he
dwelleth
,
shall
gently
exhort
him
or
them
towards
the
releif
of
the
Poor
.
Ordinary
.
CCXXV.
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
,
Abbe
.
&c.
that
whereas
the
late
King
of
Famous
Memory
,
King
Henry
the
eighth
,
by
his
several
Erections
and
foundations
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
Examine
how
and
after
what
manner
the
mony
is
bestowed
,
and
to
call
to
account
the
Parties
which
retain
the
said
mony
,
so
that
it
may
appear
the
same
is
distributed
to
the
Poor
,
according
to
the
Kings
Majesties
foundation
.
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
,
Franchis
.
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
,
Continuance
.
7
Ed.
6.
11.
§
11.
N.
4.
CCXXIX
.
5
&
6
Ed.
6.
21.
Forasmuch
as
it
is
evident
,
that
Tinkers
,
Trades
.
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
,
License
.
&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
compass
,
as
shall
be
to
him
or
them
Assigned
,
by
two
Justices
of
Peace
,
Justices
.
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
,
Justices
.
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
,
Continuance
.
&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
Statutes
,
and
either
of
them
.
Records
.
CCXXXIV
.
2
&
3
Ph.
&
Mar.
5.
§
3.
N.
1.
And
further
be
it
Enacted
,
&c.
that
yearly
on
some
one
Holyday
,
in
the
Christmas
,
in
every
City
,
Borough
and
Town-Corporate
,
the
Mayor
,
Bailiffs
,
and
other
Head-Officers
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
within
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.
Certificate
.
CCXXXV
.
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
persons
with
which
they
be
surcharged
.
License
.
CCXXXVI
.
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
Parishes
,
Cities
and
Towns
so
charged
.
License
.
CCXXXVII
.
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
.
Lieu.
CCXXXVIII
.
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
.
Corporation
.
CCXXXIX
.
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
another
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
Authorized
to
do
.
CCXL
.
2
&
3
Ph.
&
Mar.
5.
§
9.
N.
1.
And
be
it
Enacted
,
Corporation
.
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
Parish
,
and
if
the
same
Mayor
and
Officers
,
shall
understand
by
their
discretion
,
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
Parishioners
of
the
Wealthier
Parish
,
Charitably
to
contribute
somewhat
according
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
,
Notice
.
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
Garment
,
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
Parish
,
with
the
assent
of
the
Justices
of
Peace
,
that
shall
grant
the
same
License
,
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
,
Continuance
.
1
Eliz.
18.
§
3.
N.
5.
CCXLIII
.
2
&
3
Ph.
&
Mar.
5.
§
12.
N.
1.
Provided
always
and
be
it
Enacted
,
London
.
&c.
that
all
and
every
summ
and
summs
of
mony
from
henceforth
to
be
collected
or
gathered
within
the
City
of
London
,
or
the
liberties
of
the
same
by
vertue
of
this
Act
,
shall
be
paid
over
to
the
Governors
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
,
according
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
,
Continuance
.
&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
,
Forfeiture
.
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
.
Officer
.
CCXLVI
.
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
Collector
,
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
dwelleth
,
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
within
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
.
Church
wardens
.
CCXLVII.
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
information
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
defendent
.
Incumbent
.
CCXLVIII
.
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.
Incumbent
.
CCXLIX
.
5
Eliz.
3.
§
5.
N.
3.
And
if
the
Parson
,
Vicar
,
Curate
or
Minister
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
.
Church-wardens
.
CCL
.
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
.
Account
.
CCLI
.
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
present
.
Account
.
CCLII
.
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
accounts
all
such
surplusage
of
mony
,
as
then
shall
remain
of
their
Collection
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
discretion
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
,
Account
.
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
,
Ordinary
.
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
vertue
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
conditition
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
,
Borough
or
Town-Corporate
,
and
if
it
be
within
any
City
,
Borough
or
Town-Corporate
,
then
before
the
Mayors
,
Bailiffs
,
or
other
Head-Officers
of
every
such
City
,
Borough
or
Town-Corporate
,
at
the
next
General
Sessions
,
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
refuse
to
be
bound
as
is
aforesaid
,
that
then
the
said
Bishop
,
Ordinary
,
Imprisonment
Chancellor
or
Commissary
,
shall
have
Authority
by
this
Act
,
to
commit
the
said
Obstinate
person
to
prison
,
there
to
remain
without
Bail
or
mainprise
until
the
said
obstinate
person
shall
become
bound
as
is
aforesaid
.
CCLVI.
5
Eliz.
3.
§
8.
N.
1.
And
further
be
it
Enacted
,
Justices
.
&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
Charitably
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
,
Taxes
.
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
discretions
,
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
.
Taxes
.
CCLVIII.
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
,
taxed
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-Officers
of
every
such
City
,
Borough
or
Town-Corporate
,
shall
have
full
power
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
appointed
taxed
and
limited
,
together
with
the
Arrears
thereof
,
if
any
such
shall
fortune
to
be
.
Certificate
.
CCLIX
.
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
examination
of
the
said
Certificators
(
viz.
2
&
3
Ph.
&
Mar.
5.
§
7.
N.
4.
)
within
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
abroad
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
Consciences
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
oversight
and
appointment
of
the
Bishop
,
or
his
Chancellor
of
the
same
Diocess
,
to
be
levyed
in
sort
and
form
as
other
forfeitures
in
this
Statute
are
appointed
.
Justices
.
CCLX
.
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
Stanford
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
remembred
,
according
as
other
Justices
of
the
Counties
in
which
the
Parish
surcharged
standing
is
limited
and
Authorized
to
do
,
2
&
3
Ph.
&
Mar.
5.
§
8.
N.
1.
Continuance
.
CCLXI
.
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.
Incumbent
.
CCLXII
.
5
Eliz.
3.
§
16.
N.
1.
Provided
always
and
be
it
further
Enacted
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
Chappel
of
Ease
for
hearing
divine
service
,
the
same
inhabitants
to
be
nominated
and
chosen
by
the
same
Curate
,
Minister
or
Reader
.
Officer
.
CCLXIII
.
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
contained
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
,
according
to
the
purport
and
true
meaning
of
the
same
,
and
not
be
compelable
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
notwithstanding
.
CCLXIV
.
5
Eliz.
3.
§
17.
N.
1.
Provided
also
that
this
Act
,
Charity
.
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
,
Aegyptians
.
(
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
counterfeiting
,
&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
,
Hospital
.
&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
Kenelworth
,
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
,
Vagabonds
.
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
reason
of
numbers
of
Laws
concerning
the
premisses
standing
in
force
together
.
Parliament
.
CCLXIX
.
14
Eliz.
5.
§
1.
N.
3.
Be
it
Enacted
that
the
Statute
,
Continuance
.
&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
,
frustrate
and
of
none
effect
.
CCLXX.
14
Eliz.
5.
§
2.
N.
1
Be
it
also
Enacted
,
Nusans
.
&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
persons
,
whatsoever
they
be
,
being
above
the
age
of
fourteen
years
,
Infant
.
being
hereafter
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
.
Imprisonment
CCLXXII
.
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
.
Corporation
.
CCLXXIII
.
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
,
Bail
.
CCLXXIIII
.
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
.
Constable
.
CCLXXV
.
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
convenient
.
Sessions
.
CCLXXVI
.
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
.
Execution
.
CCLXXVII
.
14.
Eliz.
5
§
2.
N.
8.
Which
Judgment
shall
also
presently
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
honest
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
.
Fees
.
CCLXXVIII
.
14
Eliz.
5.
§
2.
N.
9.
The
said
Clerk
of
the
Peace
taking
for
the
said
Recognizance
,
but
12
d.
only
.
Departure
.
CCLXXIX
.
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
.
Bail
.
CCLXXX
.
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
County
,
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
,
Pain
.
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
Executed
,
or
Judgment
given
,
the
said
person
or
persons
,
Coron.
so
marked
or
haveing
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
,
Forfeiture
.
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
contented
before
such
Justices
,
as
the
said
Vagabond
is
or
shall
be
arrained
of
Felony
,
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
,
Departure
.
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
,
Coron.
after
40.
days
next
after
he
or
she
shall
be
two
several
times
taken
into
service
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
,
Vagabond
.
Vagabonds
and
Sturdy
Beggers
,
to
have
and
receive
the
punishment
aforesaid
for
the
said
lewde
manner
of
life
.
CCLXXXVII
.
14
Eliz.
5.
§
5.
N.
2.
It
is
now
published
,
Attorny
.
&c.
that
all
and
every
such
person
and
persons
,
that
be
or
utter
themselves
to
be
Proctors
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
.
Games
.
CCLXXXVIII
.
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.
Ability
.
CCLXXXIX
.
14
Eliz.
5.
§
5.
N.
4.
And
all
and
every
person
and
persons
,
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
.
Games
.
CCXC.
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
,
Bearwards
,
Common-players
in
Enterludes
,
Minstrels
,
Inglers
,
Pedlers
,
Tinkers
,
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.
Laborers
.
CCXCI.
14
Eliz.
5.
§
5.
N.
6.
And
all
Common
Laborers
,
being
persons
able
in
body
,
using
loytering
and
refusing
to
work
for
such
reasonable
wages
as
is
taxed
and
Commonly
given
in
such
parts
,
where
such
persons
do
or
shall
happen
to
dwel
.
Forgery
.
CCXCII
.
14
Eliz.
5.
§
5.
N.
7.
And
all
Counterfeiters
of
Licence
,
Pasports
,
and
all
users
of
the
same
,
knowing
the
same
to
be
Counterfeit
.
Scholars
.
CCXCIII
.
14
Eliz.
5.
§
5.
N.
8.
And
all
Scholars
of
the
Universities
of
Oxford
or
Cambridge
,
that
go
about
Begging
,
not
being
authorized
under
the
Seal
of
the
said
Universities
,
by
the
Commissary
,
Chancellor
or
Vice-Chancellor
of
the
same
,
12
Ric.
2.
7.
§
1.
N.
4.
Mariners
.
CCXCIV.
14
Eliz.
5.
§
5.
N.
9.
And
all
Shipmen
pretending
losses
by
Sea
,
other
then
such
as
shall
be
hereafter
provided
for
.
Imprisonment
CCXCV.
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
,
Vagabond
.
CCXCVI.
14
Eliz.
5.
§
5.
N.
11.
Shall
be
taken
,
adjudged
and
deemed
Rogues
,
Vagabonds
,
and
sturdy
Beggers
,
intended
of
by
this
present
Act.
Vagabonds
.
CCXCVII.
14
Eliz.
5.
§
5.
N.
12.
Together
with
all
and
every
such
other
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
Established
for
the
relief
of
the
aged
and
impotent
Poor
people
,
set
forth
and
declared
to
be
Vagabonds
.
Cottages
.
CCXCVIII
.
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
,
Vagabond
or
sturdy
Begger
,
either
marked
as
before
,
or
not
marked
not
having
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
General
Sessions
shall
be
assessed
,
so
as
the
same
exceed
not
20
s.
West
.
Symb.
2
part
127.
b.
Sect.
194.
Proces
.
CCXCIX
.
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
endeavour
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
,
Accessary
.
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
lawful
to
all
Masters
and
Governors
of
the
Hospitals
,
Hospital
.
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
notwithstanding
.
CCCII
.
14
Eliz.
5.
§
9.
N.
1.
Provided
always
that
Ship-men
and
Souldiers
having
Licence
of
the
next
two
Justices
of
the
Peace
,
Licence
.
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
,
Licence
.
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
Licenced
will
have
any
further
passage
,
without
the
danger
of
this
law
,
Licence
.
than
the
Shire
where
his
first
Licence
is
granted
,
it
shall
be
lawful
for
him
to
procure
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
,
Husbandry
.
nor
any
thing
therein
contained
,
do
in
any
wise
extend
to
any
Cockers
or
Harvest
Folks
that
travail
into
any
Country
of
this
Realm
,
for
harvest
work
,
either
Corn
Harvest
,
or
Hay-Harvest
,
if
they
do
work
and
labor
accordingly
.
CCCVI
.
14
Eliz.
5.
§
10.
N.
4.
Neither
yet
to
any
that
hapneth
to
be
robbed
or
spoiled
by
the
way
.
Robbery
.
CCCVII
.
14
Eliz.
5.
§
10.
N.
11.
Neither
yet
to
any
Serving-men
,
Apprentice
.
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
Serving-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
lawful
to
the
Lord
Chancellor
or
Lord
Keeper
of
the
Great
Seal
of
England
,
Licence
.
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
largly
extend
as
the
contents
of
them
will
bear
,
any
thing
herein
to
the
contrary
in
any
wise
notwithstanding
.
CCCIX
.
14
Eliz.
5.
§
12.
N.
1.
Provided
always
and
be
it
further
Enacted
,
Ouster
le
mers
;
&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
General
,
Lieutenant
,
or
other
Chief-Officer
,
appointed
by
the
Queens
Majesty
,
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
Successors
,
or
by
any
Private
Captain
,
upon
the
dispersing
of
any
Army
only
to
any
Souldier
or
Souldiers
,
or
any
other
person
or
persons
whatsoever
within
this
her
Realms
of
England
,
and
Ireland
,
passing
by
vertue
thereof
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
heretofore
hath
been
used
and
accustomed
,
any
thing
in
this
present
Act
mentioned
to
the
contrary
in
any
wise
notwithstanding
.
Infant
.
CCCX
.
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
punishment
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
every
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
contained
to
the
contrary
hereof
in
any
wise
notwithstanding
.
Constable
.
CCCXI.
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
punishment
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.
Cottages
.
CCCXII
.
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
Habitations
,
and
abiding
places
,
throughout
this
Realm
,
to
settle
themselves
upon
,
to
that
end
,
that
they
nor
any
of
them
should
hereafter
beg
or
wander
about
.
Justices
.
CCCXIII.
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
,
within
the
limits
of
their
Commissions
,
and
all
other
Justices
of
the
Peace
,
Mayors
,
Sheriffs
,
Bailiffs
,
and
other
Officers
,
and
all
and
every
City
,
Borough
,
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
decayed
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
Commissions
and
Authorities
.
CCCXIV
.
14
Eliz.
5.
§
14.
N.
4.
And
shall
upon
that
search
made
,
Records
.
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
,
Cottages
.
then
the
Justices
,
Mayors
,
Sheriffs
,
Bailiffs
and
other
Officers
,
shall
within
like
convenient
time
,
devise
and
appoint
,
within
every
of
their
several
divisions
,
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
,
Apportionment
.
and
thereupon
having
regard
to
the
number
set
down
,
what
portion
the
weekly
charge
towards
the
relief
and
sustentation
of
the
said
Poor
people
,
will
amount
unto
within
every
their
said
several
divisions
and
limits
.
CCCXVII
.
14
Eliz.
5.
§
14.
N.
7.
And
that
done
they
the
said
Justices
,
Taxe
.
Mayors
,
Sheriffs
,
Bailiffs
,
and
other
Officers
,
within
every
their
several
Commissions
,
Authorities
,
Divisions
and
limits
,
shall
by
their
good
discretions
,
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
people
.
CCCXVIII
.
14
Eliz.
5.
§
14.
N.
8.
And
the
names
of
all
such
Inhabitants
Taxed
,
shall
also
enter
into
the
said
Register-Book
,
Record
.
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
,
Officers
.
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
,
Overseers
.
to
continue
also
for
one
whole
year
.
CCCXXI.
14
Eliz.
5.
§
14.
N.
11.
And
if
they
do
refuse
to
be
Overseers
,
then
every
of
them
so
refusing
,
Officer
.
to
forfeit
10
s.
for
every
such
default
.
CCCXXII
.
14
Eliz.
5.
§
15.
N.
1.
And
be
it
further
Enacted
,
London
.
&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-Corporate
,
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
abiding
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
.
Lieu.
CCCXXIII
.
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
Horseback
,
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
.
Hospitals
.
CCCXXIV
.
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
appointed
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
.
Vagabonds
.
CCCXXV
.
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
.
Pain
.
CCCXXVI
.
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
degree
of
punishment
set
forth
by
this
Act
in
all
points
.
Forfeiture
.
CCCXXVII
.
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
levyed
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
.
Constable
.
CCCXXVIII
.
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
.
Justices
.
CCCXXIX
.
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
.
Corporation
.
CCCXXX
.
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
.
Account
.
CCCXXXI
.
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-Corporate
.
CCCXXXII
.
14
Eliz.
5.
§
18.
N.
3.
And
when
they
go
out
of
their
Offices
,
Account
.
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
refuse
to
make
his
said
account
,
Imprisonment
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
,
Taxes
.
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
discouragment
,
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
,
Laborers
.
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
refusal
,
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
further
Enacted
,
&c.
that
three
Justices
of
the
Peace
,
Justices
.
whereof
one
to
be
of
the
Quorum
,
of
and
with
the
surplusages
of
the
said
Collections
and
forfeitures
,
(
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
Counties
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
,
Apprentice
.
&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
into
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
,
Infant
.
to
have
their
remedy
by
order
of
laborers
,
(
viz.
23
Ed.
3.
2.
)
either
by
way
of
Action
or
otherwise
as
well
against
the
Child
as
against
the
taker
or
inticer
thereof
.
Forfeiture
.
CCCXXXIX
.
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
.
Justices
.
CCCXL
.
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
,
according
to
the
tenor
thereof
,
as
they
are
bound
to
do
the
Statute
of
Laborers
,
(
viz.
23
Ed.
3.
)
&c.
And
at
their
said
Sessions
shall
yearly
appoint
new
Collectors
and
new
Overseers
,
for
the
causes
aforesaid
,
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
further
the
intent
of
this
Act.
Justices
.
CCCXLI
.
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.
Alms.
CCCXLII
.
14
Eliz.
5.
§
25.
N.
1.
Provided
also
that
forasmuch
as
it
is
thought
that
the
Inhabitants
of
divers
Counties
,
Cities
and
Towns
,
within
this
Realm
,
be
not
able
to
relieve
the
Poor
,
Lame
and
Impotent
persons
,
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
.
Licence
.
CCCXLIII
.
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
Sessions
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
Charity
.
CCCXLIV
.
14.
Eliz.
5.
§
25.
N.
3.
To
ask
gather
and
receive
within
such
other
Township
,
or
Parishes
,
of
the
said
County
,
as
the
said
Justices
,
or
the
most
part
of
them
,
there
then
in
their
said
Sessions
assembled
,
shall
especially
name
and
appoint
,
limit
and
assign
,
the
Charitable
devotion
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
within
the
Towns
and
Parishes
,
being
within
the
divisions
of
the
same
Justices
,
that
so
shall
give
such
Licence
or
Licences
.
Lieu.
CCCXLV.
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
convenient
to
relieve
the
said
Poor
and
Impotent
persons
,
in
such
sort
as
the
said
Justices
there
assembled
shall
appoint
.
Corporation
.
CCCXLVI
.
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
Impotent
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
another
,
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
,
Licence
.
shall
give
Licence
and
follow
the
Order
above
remembred
,
according
as
other
Justices
of
the
Counties
in
the
which
any
Town
or
Parish
surcharged
standeth
,
are
before
limited
and
authorized
to
do
.
CCCXLVIII
.
14
Eliz.
5.
§
27.
N.
1.
Provided
always
and
be
it
Enacted
,
&c.
that
all
and
every
summ
and
summs
of
mony
,
London
.
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
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
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
,
Franchis
.
&c.
that
all
and
every
summ
and
summs
of
mony
,
from
henceforth
to
be
Collected
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
,
Charity
.
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
,
Franchis
.
&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
Gracious
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
,
Ordinary
.
&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
Hospital
be
then
Dead
,
and
to
see
and
take
order
,
that
the
said
Hospital
be
ordered
and
used
according
to
the
Statutes
,
and
Ordinances
of
the
Foundation
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
.
Ordinary
.
CCCLIII
.
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
.
Account
.
CCCLIV.
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
refuse
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
convenient
.
Account
CCCLV.
14
Eliz.
5.
§
30.
N.
6.
To
which
accounts
the
said
Bishop
or
Chancellor
shall
call
the
same
two
Justices
of
the
Peace
.
Ouster
le
mere
.
CCCLVI.
14
Eliz.
5.
§
31.
N.
1.
Provided
also
and
be
it
further
Enacted
,
&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
.
Ouster
le
mere
.
CCCLVII
.
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
aforesaid
,
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
.
Seisure
.
CCCLVIII
.
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
convey
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
.
Vagabond
.
CCCLIX
.
14
Eliz.
5.
§
31.
N.
4.
And
on
the
pain
of
the
same
Vagabonds
,
Rogues
and
Beggers
so
set
on
Land
to
be
punished
,
as
the
other
Vagabonds
and
sturdy
Beggers
,
in
this
Act
before
mentioned
,
and
declared
.
Ireland
.
CCCLX
.
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
County
,
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
,
Taxes
.
that
if
any
manner
of
person
shall
hereafter
find
him
or
her self
grieved
with
any
Taxation
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
,
Justices
.
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
,
Pasport
.
in
the
County
of
Somerset
,
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
Inhabitants
of
the
same
City
of
Bath
,
and
Town
of
Buckstone
,
are
greatly
overcharged
with
the
same
Poor
people
to
their
intolerable
charge
.
CCCLXIV
.
Be
it
Enacted
,
Licence
.
&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
Licenced
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
Inhabitants
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
,
punished
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
,
Hospital
.
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
,
Justices
.
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
Quorum
,
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
thereupon
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.
Imprisonment
CCCLXVII
.
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
heretofore
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
.
Sessions
.
CCCLXVIII
.
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-Sessions
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
within
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
discretions
,
so
that
the
said
Taxation
and
rate
doth
not
exceed
above
6
d.
or
8
d.
by
the
week
out
of
every
Parish
.
Church-wardens
.
CCCLXIX
.
14
Eliz.
5.
§
37.
(
2.
N.
2.
And
that
the
Church-wardens
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.
Constable
.
CCCLXX
.
14
Eliz.
5.
§
37.
(
2.
N.
3.
And
that
the
said
High-Constables
,
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
Quarter
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
.
Imprisonment
CCCLXXI
.
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
.
Church-wardens
.
CCCLXXII
.
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
contrary
in
any
wise
notwithstanding
.
Corporation
.
CCCLXXIII
.
14
Eliz.
5.
§
38.
(
3.
N.
1.
Provided
always
that
the
Justices
of
Peace
within
any
County
of
this
Realm
,
or
Wales
shall
not
intromit
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
Precincts
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
Justices
,
to
proceed
to
the
Execution
of
this
Act
,
within
the
precinct
and
compass
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
,
Justices
.
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
,
Corporation
.
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
number
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-Officer
of
the
same
City
,
or
Town-Corporate
,
the
Justices
may
by
their
discretions
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
Licence
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
,
Hospitals
.
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
,
Games
.
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
concerning
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
prescription
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
,
Continuance
.
then
next
following
,
18
Eliz.
3.
§
14.
N.
1.
Crompt
.
97.
b.
CCCLXXIX
.
Crompt
.
154.
b.
Nor
shall
Bail
be
received
for
the
Mother
,
nor
reputed
Father
of
any
Bastard-Child
,
Bail
.
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.
Account
.
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.
Pain
.
CCCLXXXII
.
Lambert
2.
cap.
7.
pag.
202.
Any
Justice
of
the
Peace
,
may
appoint
any
person
to
be
openly
whipped
naked
,
until
his
or
her
body
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.
Settlement
.
CCCLXXXIII
.
Lambert
202.
203.
And
shall
cause
such
person
so
whipped
,
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.
Pasport
.
CCCLXXXIV
.
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
Village
,
through
which
he
or
she
last
passed
without
punishment
,
be
conveyed
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.
Certificate
.
CCCLXXXV
.
Lambert
204.
The
form
of
which
Testimonial
may
in
efect
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
aforesaid
within
ten
days
now
next
Ensuing
at
his
peril
.
Pasport
.
CCCLXXXVI
.
Lambert
204.
205.
By
the
the
occasion
of
this
Testimonial
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
whatsoever
,
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
.
Justices
,
CCCLXXXVII
.
Lambert
205.
And
by
occasion
also
of
this
power
given
to
one
Justice
for
correction
of
Rogues
,
I
trust
that
I
may
without
offence
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
civilly
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
deliver
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
,
Lieu.
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
County
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
,
Lieu.
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
,
Bar.
&
Fem.
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
,
Bar.
&
Fem.
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
,
under
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
,
Bar.
&
Fem.
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
,
Bar.
&
Fem.
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
,
Infant
.
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
,
Trades
.
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
,
Vagrant
.
or
last
habitation
,
but
a
Vagrant
Rogue
,
nor
to
be
found
by
the
Town
,
except
the
party
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.
Fees
.
CCCXCVII
.
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
Given
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.
Lieu.
CCCXCVIII
.
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.
Lieu.
CCCXCIX
.
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.
Pasport
.
CCCC
.
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
continue
a
Rogue
to
be
punished
by
whipping
,
Dalt
.
128.
cap.
47.
Officer
.
CCCCI
.
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
forfeiture
of
5
l.
in
the
Officer
that
shall
not
receive
the
party
to
convey
him
or
her
over
,
Dalt
.
128.
cap.
47.
§
2.
Begging
.
CCCCII.
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
Parish
,
Dalt
.
97.
cap.
40.
Parents
.
CCCCIII
.
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.
Child
.
CCCCIV
.
Lambert
209.
§
17.
Within
the
word
Children
,
is
concluded
any
Child
or
Grand-Child
being
able
,
10
H.
7.
11.
a
Parson
.
CCCCV.
Lambert
209.
§
18.
Parsons
or
Vicars
,
&c.
be
bound
as
Inhabitants
to
the
relief
of
the
Poor
,
as
well
as
others
,
that
inhabit
within
the
Parish
.
Estates
.
CCCCVI
.
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
benefit
.
Church-wardens
.
CCCCVII
.
Lambert
209.
§
20.
If
there
be
but
one
Church-warden
in
the
Parish
he
sufficeth
with
the
other
four
Overseers
,
Dalt
.
96.
cap.
40.
Taxes
.
CCCCVIII
.
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-wardens
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
adjoyning
,
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
default
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.
Taxes
.
CCCCX
.
Lambert
293.
And
any
one
of
these
two
Justices
of
Peace
which
by
this
Statute
,
Justices
.
43
Eliz.
2.
§
N.
may
appoint
Overseers
for
the
Poor
,
may
also
send
to
the
House
of
Correction
,
such
as
will
not
imploy
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
,
Overseers
.
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
excuse
of
the
Church-wardens
and
Overseers
,
for
not
Executing
their
Office
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
refuse
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
,
Taxes
.
to
contribute
to
a
Poor
Parish
,
and
may
make
out
their
Warrants
to
the
Church-wardens
and
Overseers
of
every
Parish
,
to
levy
the
Taxtions
by
distress
and
Sale
of
the
Offenders
Goods
,
and
in
defect
of
distress
may
commit
the
party
refusing
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
,
Plague
.
Borough
,
Town-Corporate
and
places
priviledged
,
may
assesse
the
Inhabitants
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
,
Certificate
.
or
other
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
distress
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
,
Ordinary
.
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
,
Justices
.
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.
Imprisonment
CCCCXVII
.
Lambert
467.
468.
Enquiry
in
Sessions
,
if
the
Church-wardens
of
any
Parish
,
have
not
every
Sunday
levyed
the
Mony
for
relief
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
Quarter
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.
Cottages
.
CCCCXVIII
.
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
Cottage
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
.
Cottages
.
CCCCXIX
.
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
,
furnishing
or
Victualling
of
Ships
or
Vessels
used
to
serve
on
the
Sea
.
4.
Nor
to
any
Cottage
in
any
Forest
,
Chace
,
Warren
or
Park
,
inhabited
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
decreed
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.
Sessions
.
CCCCXX
.
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
.
Infant
.
CCCCXXI
.
Lambert
604.
A
Beggers
Child
,
may
at
the
General
Sessions
be
bound
to
serve
any
Subject
of
this
Realm
,
being
of
an
honest
caling
,
14
Eliz.
5.
§
N.
18
Eliz.
3.
§
N.
Cottages
.
CCCCXXII
.
Lambert
604.
A
Decree
may
be
made
at
the
Quarter-Sessions
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
Inmates
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
,
Sessions
.
&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
disabled
Souldiers
or
Mariners
,
Account
.
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
,
Constable
.
&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
Constables
,
Borsholders
,
and
such
like
to
meddle
therein
,
because
none
are
called
High
or
Head
,
but
in
comparison
of
low
and
base
.
CCCCXXVI
.
Lambert
49.
Duty
of
Constables
,
Officer
.
&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
Constable
only
and
not
to
any
of
them
.
CCCCXXVII
.
Crompt
.
7.
b.
§
17.
Nota
that
there
is
a
Statute
made
,
Apprentice
.
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
certain
special
points
.
CCCCXXVIII
.
Crompt
.
53.
If
any
infected
person
with
the
Plague
,
Plague
.
being
commanded
to
keep
his
House
,
contrary
to
that
command
,
voluntarily
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
,
Plague
.
who
is
infected
,
or
be
in
a
House
infected
with
the
Plague
,
and
will
not
keep
his
House
,
but
voluntarily
and
contemptuously
disobeys
such
direction
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.
It
s
extortion
in
the
Clerke
of
the
Peace
,
who
takes
above
12
d.
for
a
Recognizance
,
Fees
.
taken
of
him
that
takes
a
Rogue
in
service
for
a
year
,
by
14
Eliz.
5.
§
N.
CCCCXXXI
.
Crompt
.
86.
b.
Item
,
Bastardy
.
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
,
Apprentice
.
shall
be
taken
to
be
Apprentices
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
departs
,
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
.
Imprisonment
CCCCXXXIII
.
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.
Recognizance
CCCCXXXIV
.
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.
Licence
.
CCCCXXXV
.
Crompt
.
198.
Any
two
Justices
of
Peace
,
may
Licence
such
who
shall
be
delivered
out
of
Goals
,
to
Beg
for
their
fees
,
or
to
travail
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.
Justices
.
CCCCXXXVI
.
Crompt
.
198.
Two
Justices
of
Peace
may
certifie
to
the
Quarter
Sessions
,
that
a
City
or
Ville-Corporate
of
the
County
,
being
no
County
of
it self
,
is
surcharged
with
Poor
,
together
with
the
names
and
number
of
them
,
to
the
intent
that
order
may
be
taken
for
their
relief
there
,
14
Eliz.
5.
Licence
.
CCCCXXXVII
.
Crompt
.
198.
a.
b.
And
they
may
Licence
diseased
persons
,
living
of
Alms
,
to
travaile
to
Bath
,
or
Buckstone
,
for
ease
of
their
grief
,
14
Eliz.
5.
Lambert
331.
Games
.
CCCCXXXVIII
.
Crompt
.
199.
b.
Two
such
Justices
of
Peace
,
may
give
Licence
to
Fencers
,
Bearwards
,
Common-players
in
Interludes
,
Minstrels
,
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.
Constable
.
CCCCXXXIX
.
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.
Imprisonment
CCCCXL.
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
Hospital
,
and
they
three
may
charge
the
Accountant
(
under
the
penalty
of
losing
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.
Goodbehavior
CCCCXLI
.
Lambert
118.
Likewise
39
Eliz.
4.
§
N.
which
tyeth
to
the
Goodbehavior
,
all
such
as
disturbe
the
Execution
of
that
Statute
,
either
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
meaning
,
that
a
party
so
bound
may
afterwards
forfeit
his
Recognizance
,
if
he
Eftsoons
offend
against
the
said
Statutes
.
Licence
.
CCCCXLII
.
Lambert
302.
The
Justice
of
,
or
near
the
place
where
the
Seafaring
man
suffering
Shipwrack
,
and
not
having
to
relieve
himself
homewards
,
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
,
Pasport
.
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
thither
,
and
the
Justice
of
Peace
next
adjoyning
to
the
place
,
or
direct
way
where
any
Souldier
or
Mariner
,
coming
from
or
beyond
the
Seas
,
Landeth
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
relief
in
such
his
travail
that
which
any
persons
shall
willingly
give
him
,
39
Eliz.
17.
CCCCXLIV
.
Lambert
330.
Any
two
Justices
of
Peace
,
Forfeiture
.
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
Confession
of
the
offender
,
or
by
proof
of
two
lawful
and
sufficient
witnesses
before
them
upon
this
Statute
of
Rogues
,
39
Eliz.
4.
CCCCXLV
.
Lambert
354.
Any
two
Justices
of
Peace
,
Justices
.
have
power
to
hear
and
determine
all
causes
that
shall
grow
in
Question
by
the
Statute
of
Rogues
,
39
Eliz.
4.
CCCCXLVI
.
Lambert
354.
Two
Justices
of
Peace
,
Laborers
.
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
relieving
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
Aegyptians
,
or
being
commonlly
called
Aegyptians
,
Aegyptians
.
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
disguise
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
Sessions
)
1
&
2
Ph.
&
Mar.
4.
and
5
Eliz.
20.
&
39
Eliz.
3.
CCCCXLVIII
.
Lambert
422.
If
any
dangerous
Rogue
that
was
banished
the
Realm
,
or
adjudged
perpetually
to
the
Gallies
,
Exile
.
have
returned
into
the
Realm
,
without
lawful
Licence
(
viz.
enquire
at
Sessions
)
39
Eliz.
4.
CCCCXLIX
.
Lambert
422.
423.
Charge
in
Sessions
,
Lieu.
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
,
Warr.
if
any
Souldier
or
Marnier
have
wandred
idle
,
without
setting
himself
to
service
,
labor
,
or
other
lawful
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
carryed
the
same
,
knowing
it
counterfeit
39
Eliz
,
17.
CCCCLI
.
Lambert
436.
437.
Charge
in
Sessions
to
inquire
,
Infant
.
if
any
person
above
the
Age
of
seven
years
,
calling
himself
a
Scholar
,
hath
gone
about
Begging
,
12
Rich.
2.
7.
§
1.
N.
4.
Pasport
.
2.
Or
if
any
Seafaring
man
not
having
suffered
Shipwrack
,
nor
having
a
Lawful
testimonial
,
from
a
Justice
of
Peace
of
or
neer
the
place
where
he
Landed
,
have
gone
about
begging
,
or
have
transgressed
such
testimonial
.
Games
.
3.
Or
if
any
idle
person
have
gone
about
begging
,
or
have
used
any
subtile
craft
or
unlawful
game
,
or
play
,
or
have
feigned
knowledge
in
Physiognomy
,
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
Enterludes
,
Ingler
,
Tinker
,
Pedler
,
Pety-chapman
or
Glassemen
,
have
wandred
abroad
.
Suprà
439.
6.
Or
if
any
wandring
person
or
common
laborer
,
not
having
otherwise
than
by
labor
to
maintain
himself
,
being
able
of
body
,
have
used
loytering
.
7.
Or
refused
to
work
for
lawful
wages
.
8.
Or
if
any
person
delivered
out
of
Goal
,
have
begged
for
fees
,
or
travelled
begging
,
or
pretending
loss
by
fier
or
otherwise
,
have
wandred
beging
.
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
sturdy
Beggers
,
39
Eliz.
3.
and
1
Jac.
7.
Taxes
.
CCCCLII
.
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.
Plague
.
CCCCLIII
.
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.
Cottages
.
CCCCLIV
.
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.
Taxes
.
CCCCLV
.
Lambert
602.
And
they
may
also
at
such
General
Quarter
Sessions
,
assesse
the
Parents
or
Children
,
being
of
sufficient
ability
to
relieve
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
,
Sessions
.
CCCCLVI
.
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
.
Imprisonment
CCCCLVII
.
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
,
Sessions
.
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
,
Overseers
.
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
,
Clergy
.
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
,
Games
.
to
Players
of
Enterludes
,
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
,
Trades
.
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
,
Pain
.
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
thereupon
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
offender
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
,
Beggers
.
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
default
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
authorized
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
,
Constable
.
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
,
Continuance
.
Vagabonds
,
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.
Taxes
.
CCCCLXVII
.
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.
Justices
.
CCCCLXVIII
.
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.
Justices
.
CCCCLXIX
.
Dalt
.
40.
pag.
91.
Two
or
more
Justices
of
Peace
,
whereof
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.
Account
CCCCLXX
.
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
Overseers
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
writing
,
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
Overseers
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.
Overseers
.
By
vertue
of
the
Statute
,
made
in
the
three
and
fourtieth
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
,
Apprentice
.
with
the
consent
of
two
or
more
such
Justices
shall
take
order
from
time
to
time
,
for
setting
their
Poor
on
work
,
putting
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
Overseers
be
thought
able
to
keep
and
maintain
their
Children
,
Apprentice
.
which
Children
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
Apprentices
,
may
be
taken
and
kept
as
Apprentices
by
their
Masters
,
any
former
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
,
Estates
.
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
consent
of
two
or
more
Justices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
&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
amongst
them
as
are
Poor
and
impotent
or
not
able
to
work
.
Taxes
.
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
,
proportioning
them
to
an
Annual
benefit
,
&c.
in
the
same
Parish
,
such
competent
summs
of
mony
,
as
they
shall
think
fit
,
therewith
to
provide
a
convenient
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
,
impotent
,
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
Apprentices
,
there
must
be
regard
hard
to
the
Master
,
viz.
his
ability
and
honesty
,
Apprentices
.
otherwise
by
some
device
or
hard
intreaty
they
may
provoke
their
Apprentices
to
depart
or
run
away
.
2.
Secondly
to
his
trade
or
faculty
,
lest
the
Apprentice
consume
his
time
without
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
,
Apprentice
.
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
appointed
,
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.
Fines
.
CCCCLXXVIII
.
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
Warrant
to
levy
the
same
by
distress
and
sale
of
the
offenders
goods
,
&c.
Apprentice
.
CCCCLXXIX
.
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
every
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
number
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
Apprentices
,
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
,
Process
.
&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
bearing
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
Statute
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
forasmuch
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
Indenture
,
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
other
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
,
Account
.
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
received
.
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
,
within
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
levying
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
,
Settlement
.
may
be
raised
in
his
rates
towards
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
,
Infant
.
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
,
except
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
,
Women
.
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
,
Lieu.
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
.
Justices
.
CCCCLXXXVI
.
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
.
Bar.
&
Fem.
CCCCLXXXVII
.
Dalt
.
98.
cap.
40.
If
a
Man
hireth
an
House
in
A.
and
being
there
with
his
Wife
and
Children
,
he
afterwards
shall
bind
himself
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.
Bastardy
.
CCCCLXXXVIII
.
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
.
Imprisonment
CCCCLXXXIX
.
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
dispose
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
.
Lieu.
CCCCXC
.
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
County
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
relief
touching
the
premises
,
as
by
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
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
according
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
,
Lieu.
&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.
aforesaid
,
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.
Husbandry
.
The
like
Warrant
against
one
for
not
returning
,
&c.
(
when
his
work
is
finished
,
or
shall
fall
sick
or
Impotent
,
&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
formerly
he
was
,
given
under
our
Hands
and
Seals
,
&c.
CCCCXCIII
.
Kilborns
Precedents
,
184
,
185.
Lieu.
A
Warrant
for
apprehending
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
,
(
Householder
,
Sojourner
,
Apprentice
or
Servant
,
&c.
)
in
the
Parish
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
upon
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.
Inholder
called
the
George-Inn
,
in
the
said
County
,
the
first
day
of
June
next
ensuing
,
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.
Bar.
&
Fem.
CCCCXCIV
.
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
,
Commanding
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.
Pain
.
CCCCXCV
.
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.
Trades
.
CCCCXCVI
.
Kilborns
Precedents
242.
If
Inhabitants
of
the
County
go
with
Wares
to
sell
at
Houses
in
that
County
,
they
are
Rogues
,
Jenkins
318.
Taxes
.
CCCCXCVII
.
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
occupiers
of
Lands
,
and
not
the
Landlords
are
to
be
taxed
,
Jenkins
327.
pl.
48.
Taxes
.
CCCCXCVIII
.
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
several
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
according
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
offenders
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
under
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.
Imprisonment
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
relief
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
,
Relief
.
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
Constable
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
forfeiture
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
Justices
of
Peace
,
Licence
.
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
former
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
whatsoever
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
directing
them
from
Parish
to
Parish
,
Dalt
.
380.
cap.
124.
Relief
.
DII
.
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
either
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
.
Relief
.
DIII
.
Kilborns
Precedents
,
188.
A
Warrant
to
allow
a
poor
prisoner
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.
Taxes
.
DIV.
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
hereundernamed
do
refuse
to
contribute
or
pay
the
summs
of
mony
hereundermentioned
,
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
every
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
persons
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.
Indictment
.
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
Januarii
.
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
sciens
praefatum
A.
B.
modo
&
forma
praedictis
Vagantem
&
mendicantem
,
eundem
tamen
A.
B.
dicto
10.
die
Dec.
Anno
supradicto
in
Domo
.
Ipsius
G.
H.
mansionali
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.
Fresh
suits
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
Hundred
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
,
within
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
Hamlets
,
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
apprehended
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
Correction
,
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.
Fresh
suit
.
DVII
.
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
several
Towns
,
Parishes
and
Hamlets
upon
the
_____
day
of
,
&c.
at
night
next
coming
,
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
withal
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
,
Vagabonds
,
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.
Process
.
DVIII.
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
.
Fresh
suit
.
DIX
.
Dalt
.
358.
359.
cap.
121.
Another
Warrant
for
a
general
search
To
,
&c.
Cambridge
THese
are
in
the
Kings
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
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
Constables
of
every
several
Parish
respectively
,
and
by
them
also
further
to
be
conveyed
according
to
the
Statute
,
and
if
any
of
the
said
Rogues
shall
appear
to
be
dangerous
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
.
Licence
.
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
travail
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.
wherein
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
.
Licence
.
Norf.
A.
B.
of
C.
in
the
County
of
Norfolk
Esq
one
of
the
Kings
Majesties
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
suffered
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
homewards
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
Constables
of
every
Town
where
he
shall
come
,
to
help
him
with
lodging
in
convenient
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.
Imprisonment
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
person
,
&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
aforesaid
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.
Imprisonment
DXIII
.
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
Justices
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
County
,
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
,
Contrary
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
whipping
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.
Imprisonment
DXIV
.
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
Command
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.
Warr.
DXV
.
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
Statute
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.
Licence
.
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
appointment
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
limited
to
pass
thither
within
,
&c.
days
now
next
ensuing
at
his
peril
.
Given
under
my
hand
and
Seal
at
,
&c.
DXVII
.
Kilborns
Precedents
,
213.
Lieu.
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
himself
,
&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
Officers
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.
Forfeiture
.
A
Warrant
to
pay
2
s.
for
apprehending
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
Majesties
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.
Distress
.
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
levyed
,
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.
Certificate
.
DXX
.
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
County
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
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
aforesaid
,
by
R.
W.
Given
under
my
hand
the
_____
day
of
,
&c.
Forfeiture
.
DXXI
.
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
Parish
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
aforesaid
by
R.
W.
which
said
Parish
of
T.
was
then
in
your
Hundred
,
(
Borough
,
&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
aforesaid
C.
D.
according
to
the
form
of
the
Statute
in
that
case
lately
made
,
Hereof
sail
not
at
your
perils
.
Given
under
my
Hand
and
Seal
the
_____
day
of
,
&c.
Process
.
DXXII.
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.
Hereof
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
,
Imprisonment
apprehended
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
.
Bar.
&
Fem.
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.
Apprentice
.
DXXV
.
2
Inst.
734
,
735.
And
where
some
are
of
opinion
that
in
particular
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
.
Trades
.
DXXVI
.
2
Rol.
172
,
173.
Hollingworth
Trin.
18.
Jac.
B.
R
I.S.
Indicted
that
he
being
Inhabitant
at
B.
in
the
County
of
Midlesex
was
Circumferarius
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
it
s
not
alledged
he
was
taken
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.
It
s
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
wandring
he
is
a
Rogue
,
tho
he
sells
nothing
.
3.
Tho
the
value
of
the
things
sold
be
not
exprest
,
it
s
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
adjudged
a
Rogue
.
Bastard
.
DXXVII
.
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.
Bar.
&
Fem.
DXXVIII
.
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
Bulstrod
328.
(
346.
)
pl.
242.
Bastard
.
DXXIX
.
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
Whitlock
.
Quaere
.
Bar.
&
Fem.
DXXX
.
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.
Settlement
.
DXXXI
.
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
.
Bar.
&
Fem.
DXXXII
.
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
.
Infant
.
DXXXIII
.
2
Bulstrod
334
,
(
352.
)
pl.
247.
By
Jones
and
Whitlock
at
Stafford
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
.
Taxes
.
DXXXIV
.
2
Bulstrod
353
,
(
335.
)
pl.
248.
At
Worcester
Assizes
Summer
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
,
Taxes
.
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
,
Settlement
.
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
Correction
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.
Apprentice
.
Resolutions
of
the
Judges
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-wardens
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
,
Mony
.
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
agree
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
,
Estates
.
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
Quality
,
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
wanting
a
Servant
,
but
living
privatly
,
may
be
forced
to
take
such
an
Apprentice
,
Apprentice
.
if
not
,
then
whither
he
may
be
taxed
towards
the
putting
forth
of
such
an
Apprentice
?
Resolu
.
For
the
receiving
of
such
Apprentices
the
answer
may
be
referred
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
.
Lieu.
5.
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
Children
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.
Process
.
6.
Quest.
If
such
a
parishioner
may
be
enforced
to
take
such
an
Apprentice
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
.
Bail
.
7.
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
Apprentice
,
and
his
excuse
be
not
allowed
,
it
is
fit
he
be
bound
to
the
Good-behavior
.
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
being
able
to
maintain
them
,
let
them
be
committed
to
the
House
of
Correction
.
Americaments
.
8.
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
power
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
.
Justices
.
9.
Quest.
If
any
be
bound
to
appear
at
the
Sessions
,
and
shall
tender
submission
to
the
Court
,
whither
the
Sessions
may
stay
the
Indictment
and
mitigate
the
fine
aforesaid
upon
the
Confession
of
the
fact
?
Resolu
.
This
is
answered
before
to
the
next
Precedent
Article
8.
Question
.
Ale
.
10.
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
Sunday
contrary
to
the
Statute
4
Jac.
5.
in
that
case
provided
,
whither
the
Justiice
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
appointed
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
,
Constable
.
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
,
Settlement
.
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
direction
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
,
Bastard
.
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
,
Taxes
.
and
an
assessement
is
made
for
the
relief
of
the
maihemed
Souldiers
the
Goal
,
&c.
according
to
43
Eliz.
2.
§
12.
N.
2.
whither
the
Tenants
in
Ancient
Demesne
shall
contribute
with
the
Guildable
for
the
payments
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
,
Certiorari
.
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
sureties
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
driving
of
Cattle
on
the
Sunday
throughout
several
Parishes
,
Days
.
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
Sabbath
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
,
Husbandry
.
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
accordingly
,
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
.
Taxes
.
18.
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
ability
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
.
Estates
.
19.
Quest.
Whither
Shops
,
Salt-pits
,
Sheds
,
profits
of
a
market
,
&c.
be
taxable
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
.
Taxes
.
20.
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
occupy
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
.
Taxes
.
21.
Quest.
Whither
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
.
Women
.
22.
Quest.
Whither
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
expired
before
her
delivery
who
shall
provide
for
her
after
her
time
ended
?
Resolu
.
If
a
Woman
being
with
Child
procure
her self
to
be
retained
with
a
Master
who
knoweth
nothing
thereof
,
this
is
a
good
cause
to
discharge
her
from
her
service
,
and
if
she
be
gotten
with
Child
during
her
service
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
,
Settlement
.
and
so
is
sent
to
the
place
of
her
birth
,
her
Bastard-Child
being
under
the
age
of
seven
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
whither
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
provided
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
Wife
and
Children
takes
a
House
in
one
Parish
for
a
year
,
Bar.
&
Fem.
and
before
the
end
of
his
Term
is
unlawfully
put
out
of
possession
,
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
Wife
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.
Whither
an
Apprentice
put
out
by
the
Church-wardens
,
Apprentice
.
&c.
according
to
43
Eliz.
2.
§
N.
to
a
Master
in
another
Parish
,
if
his
Master
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
Apprentice
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.
What
is
accounted
a
lawful
setling
in
a
Parish
and
what
not
?
Settlement
.
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
Apprentice
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
,
Rogues
.
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
thereupon
the
Rogue
Confesseth
it
to
be
so
,
whither
he
might
without
any
more
Vagrancy
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
Quarter
Sessions
of
the
Peace
,
against
one
for
Murder
,
Man-Slaughter
,
Robbery
,
Justices
.
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
.
Constable
.
29.
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
.
Constable
.
30.
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
.
Constable
.
31.
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
.
Settlement
.
32.
Quest.
If
a
Nurse-Child
,
a
Scholar
at
a
Grammar
School
,
or
in
the
University
,
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
.
Taxes
.
33.
Quest.
What
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
deductions
.
Cottages
.
34.
Quest.
Whither
for
placing
the
Poor
of
the
Parish
,
not
to
be
removed
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.
Taxes
.
35.
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
.
Constables
.
36.
Quest.
For
warding
in
the
day
time
,
for
apprehending
of
Rogues
whither
the
Constable
may
not
enlarge
it
to
a
further
time
?
Resolu
.
Warding
in
the
day
time
is
of
great
use
,
and
must
be
left
to
the
discretion
of
the
Constables
or
direction
of
the
Justices
to
vary
according
to
the
occasion
.
Ale
.
37.
Quest.
Whither
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
,
Constable
.
or
of
other
Office
of
that
nature
,
procures
himself
to
be
the
Kings
Servant
extraordinary
,
and
by
that
means
would
excuse
himself
to
serve
in
the
Country
?
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
,
Indictment
.
Suprà
505.
in
Pract.
Precedents
82.
Midlesex
ss.
JVratores
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
supradict.
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
praefat.
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
panem
&
potum
voluntarie
dedit
in
contemptu
dicti
Dom.
Regis
,
&c.
ac
contra
form
.
Statutorum
praedict.
DXXXIX
.
Practical
Precedents
129
,
130.
Trades
.
An
Indictment
against
Vagrant
selling
Linnen-Cloath
,
5
&
6
Ed.
6.
21.
§
N.
Midlesex
ss.
JVratores
pro
Dom.
Rege
super
Sacrament
.
suum
praesentant
quod
T.
M.
nuper
de
paroch
.
sanct.
Buttolph
.
extrà
Aldersgate
London
,
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.
Marsellon
alias
White-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
White-Chappel
praedict.
in
Com.
M.
praedict.
&
diversis
aliis
locis
Infra
Com.
M.
praedict.
contra
leges
&
Statuta
hujus
Regni
Angl.
Circumvagrans
Anglice
hath
wandred
abroad
,
Circumferens
Angl.
carrying
about
secum
T.
M.
praedict.
&
venditioni
Exponens
pannum
lineum
praedict.
ac
in
hujusmodi
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
Circumvagrationem
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
White-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
hujusmodi
casu
delinquent
.
&
contra
pacem
,
&c.
nec
non
contra
form
.
Statut.
in
hujusmodi
casu
edit
.
&
provisi
,
&c.
Cottages
.
DXL.
Pract.
Precedents
190.
An
Indictment
for
maintenance
of
Inmates
.
Mid.
ss.
JVratores
pro
Dom.
Rege
super
Sacrament
.
suum
praesentant
quod
A.
B.
nuper
de
parochia
Sancti
Sepulchri
in
Com.
Midlesex
Bricklayer
15
die
Maij
Anno
Regni
,
&c.
Existens
proprietor
cujusd
.
Tenement
.
apud
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
.
inhabitant
.
ibidem
cum
pestilentia
&
aliis
morbis
contagiis
ac
ad
depauperationem
parochianorum
paroch
.
praedict.
&
ad
parochiam
istam
cum
multitudine
pauperum
onerand
.
ad
Commune
nocument
.
omnium
ligeorum
&
subditorum
dicti
Dom.
Regis
Ibidem
Commorant
.
nec
non
contra
pacem
dicti
Dom.
Regis
nunc
Coronam
&
dignitatem
suas
,
&c.
POPE
.
Recusants
,
Provisors
,
Rome
,
Crucifix
,
Jesuits
,
Agnus
Dei
,
Absolution
,
Bulls
Seminaries
,
Priests
,
Premunire
.
Commission
.
I.
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
.
[
](A87648-e329360-b)*
*
Quaere
de
omnibus
&
singulis
.
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
hujus
nostrae
Commissionis
ullo
modo
respective
requirunt
.
&
recipiant
.
in
aliquo
loco
in
dicto
Com.
Midlesex
,
qui
sit
infra
decem
Milliaria
a
Civitatibus
nostris
London
,
vel
Westminster
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
Novembris
Anno
Regni
nostri
tricesimo
.
BARKER
.
2.
Note
that
in
one
Englefields
Case
on
an
Indictment
of
Premunire
for
refusal
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
,
Alien
.
&c.
There
having
been
lately
presented
by
the
Justices
of
the
Peace
,
six
Quaeries
to
His
Majesty
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
following
Imployments
for
their
own
advantage
,
but
not
otherwise
Merchants
,
but
are
certified
to
be
Merchant
Strangers
,
shall
be
excused
from
taking
the
Oaths
,
or
finding
sureties
or
either
of
them
.
2.
Whether
such
Foreigners
being
certified
by
Ambassadors
or
other
Foreign
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.
Whether
native
Subjects
of
our
Soveraign
Lord
,
that
are
Menial
Servants
of
Foreign
Ministers
,
shall
be
excused
.
5.
Whether
Married
Women
being
Popish
Recusants
,
but
their
Husbands
Protestants
,
shall
be
excused
.
6.
Whether
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
Travellors
,
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
Papist
,
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
Judgement
.
-
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
opinion
of
his
Judges
,
and
did
this
day
order
,
as
it
is
hereby
ordered
accordingly
,
that
the
Justices
of
the
Peace
in
their
respective
Precincts
,
do
in
Execution
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
.
Days
.
III.
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
singulorum
dierum
,
allowing
twenty
eight
days
to
every
month
,
and
not
according
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.
Process
.
IV.
The
Laws
,
&c.
14.
Abr.
8.
Sir
Edw.
Coke
4
Inst.
331.
in
his
Construction
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
indicted
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
,
altho
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
offender
by
preaching
,
teaching
,
or
words
,
might
have
been
accused
,
taken
,
and
Imprisoned
a
day
or
two
before
the
half
year
next
after
the
offence
expired
,
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
compass
of
the
year
,
and
yet
in
that
Case
he
ought
to
be
set
at
liberty
by
the
express
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
Imprisonment
.
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
Supream
Government
in
Causes
Ecclesiastical
,
shall
and
may
be
inquirable
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
abrogated
by
23
Eliz.
1.
§
8.
N.
1.
V.
The
Laws
,
&c.
16.
Abr.
9.
Dignity
.
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
inserted
,
the
like
in
the
case
of
Felony
,
Stamf.
Coron.
159.
VI.
Lambert
2.
cap.
7.
pag.
227.
Justices
of
Peace
cannot
deal
with
Traytors
in
the
point
of
Treason
,
but
as
Breakers
of
the
Peace
,
Treason
.
saving
that
in
some
Cases
they
have
a
special
power
to
inquire
and
receive
Indictments
only
,
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
,
Oath
.
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
Potestatem
to
give
these
Oaths
were
dirigible
to
the
Justices
,
and
none
other
to
Miniister
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.
Justices
.
IX
.
Crompt
.
11.
Nota
,
Sessions
.
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
Stafford
,
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
.
Religion
.
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
contemptuous
words
,
or
by
any
words
of
depraving
,
despising
,
or
advisedly
hath
in
any
other
manner
contemned
,
despised
,
or
reviled
the
said
Sacrament
contrary
to
the
Edicts
and
Declarations
heretofore
,
&c.
1
Ed.
6.
1.
§
N.
1
Eliz.
2.
§
N.
and
23
Eliz.
1.
§
N.
Indictment
.
XI
.
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
second
Indictment
,
and
ought
to
give
Judgment
accordingly
;
but
if
the
second
Indictment
be
taken
by
other
Justices
,
then
without
mention
therein
of
the
first
Conviction
,
they
cannot
give
Judgment
for
the
second
offence
.
Bar.
&
Fem.
XII
.
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
.
Religion
.
XIII
.
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
.
Indictment
.
XIV
.
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
second
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
committed
after
the
Judgment
for
the
second
,
for
quod
non
apparet
non
est
,
&
non
apparet
Judicialiter
ante
Judicium
,
2
Inst.
479.
Dyer
323.
pl.
Bar.
&
Fem.
XV.
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
repair
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.
Alien
.
XVI
.
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
,
Godbolt
148.
pl.
191.
An.
Mannocks
Case
.
Averrment
.
XVII
.
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
reasonable
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.
Justices
.
XVIII
.
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
enquired
of
,
heard
,
and
determined
by
Mayors
and
Head
Officers
of
Corporations
,
&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
Conviction
of
the
offender
2.
And
1
Eliz.
2.
§
22.
N.
1.
Saith
(
to
which
Justices
of
Assize
do
not
commonly
repair
)
so
that
the
Mayor
or
head
Officer
of
such
places
were
only
intended
in
the
Lieu
and
Room
of
Justices
of
Assize
,
and
are
therefore
to
proceed
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
,
Days
.
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
otherwise
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
inquire
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.
Indictment
.
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
delivered
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
Indictment
,
the
Justices
here
named
have
power
to
take
,
by
force
of
the
word
Inquire
,
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
Indictment
,
2
Inst.
739.
and
as
well
the
one
as
the
other
,
touching
the
offences
aforesaid
,
must
be
certified
in
B.
R.
infra
72.
XX.
The
Laws
,
&c.
41.
Abr.
41.
Certificate
.
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
Exception
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
,
Inquest
.
can
do
no
more
in
this
Case
than
inquire
,
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
Offence
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
Juri
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
,
Previledges
.
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
.
Intendment
.
XXIII
.
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
enough
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
Receiver
of
such
superstitious
things
an
offender
within
it
,
there
must
be
a
Concurrence
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
material
;
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
Condition
precedent
to
the
obliquity
of
the
fact
in
receiving
them
;
for
the
Statute
13
Eliz.
2.
§
7.
N.
3.
saith
,
then
as
well
the
person
so
doing
as
also
every
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
incurre
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
used
,
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
incurrs
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
generally
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
.
Justices
.
XXIV
.
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
.
Justices
.
XXV
.
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
,
Certificate
.
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.
'T
is
plain
that
any
one
Privy
Counsellor
sufficeth
,
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
,
Infant
.
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
pursuant
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.
Lieu.
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
Informer
,
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
offence
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.
Proof
.
By
this
Being
thereof
lawfully
convicted
,
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
sufficient
conviction
within
the
meaning
of
this
Statute
:
And
so
are
all
penal
Statutes
which
have
in
them
those
words
(
being
thereof
lawfully
Convicted
)
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
Conviction
by
Verdict
,
and
therefore
if
the
offender
be
Convicted
upon
his
confession
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
attainted
,
as
't
is
in
many
other
Cases
,
for
until
Judgment
he
shall
forfeit
nothing
,
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.
Good-behavior
.
XXX
.
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.
Shephard
in
his
Sure
Guide
,
cap.
6.
Sect.
5.
by
whom
or
in
what
Court
the
Recusant
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
Certificate
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
after
such
Certificate
,
as
no
question
they
may
in
this
Case
as
well
as
upon
Certificate
of
a
presentment
or
of
refusal
of
the
Oath
of
Supremacy
against
5
Eliz.
1.
§
5.
N.
10.
Supra
39.
and
t
is
a
rule
in
Construction
of
Statutes
,
that
where
the
intention
plainly
appears
,
the
Law
ought
to
be
advanced
according
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.
Scholars
.
XXXII
.
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
Treason
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
Establishment
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
.
Justices
.
XXXIII
.
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
enquire
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
enquire
,
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
coming
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
coming
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
Justices
of
Peace
given
to
them
by
23
Eliz.
1.
§
9.
N.
2.
to
proceed
against
Recusants
,
and
taken
from
them
by
29
Eliz.
6.
§
2.
N.
2.
4.
Nor
doth
that
following
Clause
3
Jac.
4.
§
7.
N.
2.
Touching
Conviction
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
thereby
or
by
29
Eliz.
6.
§
2.
N.
5.
which
gives
them
likewise
Authority
to
proceed
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
offence
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
Sessions
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.
Justices
.
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
Authority
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
Sessions
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
Sessions
:
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.
t
is
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
open
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
refusing
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
incurre
a
Praemunire
,
which
clearly
shews
that
the
same
thing
is
intended
by
general
Quarter
Sessions
,
and
General
or
Quarter
Sessions
;
and
that
all
General
Sessions
which
are
not
Quarter
Sessions
are
excluded
out
of
the
meaning
of
those
Statutes
.
Indictment
.
XXXV
.
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
other
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
Statuti
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.
Bar.
&
Fem.
7.
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
Judgment
:
And
this
was
one
of
the
Causes
of
making
35
Eliz.
1.
§
10.
N.
1.
by
which
Statute
the
King
may
have
an
Action
of
debt
,
and
recover
the
forfeiture
against
the
Husband
,
1
Rol.
93.
94.
Roy
versus
Foster
,
Savile
25.
pl.
59.
Treason
.
XXXVI
.
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.
Certificate
.
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.
Alien
.
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
pretended
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.
Process
.
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
mentioned
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
appropriate
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.
Process
.
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
Justices
of
Peace
,
the
Court
was
to
remove
the
Indictment
in
B.
R.
and
there
process
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
,
Religion
.
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
offences
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
perswade
another
to
deny
or
Impugne
the
Kings
Authority
in
Causes
Ecclesiastical
,
or
to
that
end
or
purpose
advisedly
and
maliciously
move
or
perswade
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
offender
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
,
it
s
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.
Vnder
colour
or
pretence
of
any
exercise
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
assembly
or
meeting
of
Popish
Recusants
under
such
colour
or
pretence
is
an
assembly
or
meeting
contrary
to
the
Laws
and
Statutes
:
and
they
as
well
as
others
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
conform
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.
Process
.
XLIII
.
The
Laws
,
&c.
115.
Abr.
110.
Being
thereof
lawfully
Convicted
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.
)
going
to
Conventicles
,
or
moving
or
perswading
,
&c.
for
his
absence
from
Church
for
a
month
must
be
laid
down
precisely
in
the
Indictment
,
for
without
that
the
other
is
no
offence
within
this
Act.
2.
And
t
is
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
Indictment
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
Conventicles
,
to
which
they
pleaded
not
guilty
,
and
the
Indictment
was
removed
in
B.
R.
to
be
tryed
there
.
Oath
.
XLIV
.
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
required
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.
Conformity
.
That
35
Eliz.
1.
§
4.
N.
5.
appoints
the
Conformity
and
submission
to
be
At
any
Church
Chappel
,
or
usual
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-prayer
and
either
a
Sermon
or
the
Gospel
read
:
Infra
145.
But
if
he
be
required
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
number
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
,
before
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
limited
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
Conformity
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
,
Church
.
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
belonged
to
another
Church
,
2
Inst.
363.
where
the
issue
was
whither
it
had
Baptisterium
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
.
Forfeitures
.
XLVI
.
The
Laws
,
&c.
120.
121.
Abr.
114.
These
words
(
All
and
every
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
Indictment
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
recover
the
forfeiture
upon
23
Eliz.
1.
§
11.
N.
1.
he
shall
have
his
part
thereof
,
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
Proclamation
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
again
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
Privative
.
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.
before
:
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.
'T
is
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
colour
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
imprisoned
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
require
her
to
abjure
.
A
Married
Woman
by
this
Act
,
35
Eliz.
1.
§
10.
N.
2.
with
her
Husband
is
likewise
punishable
for
her
Recusancy
,
by
action
of
Debt
,
&c.
brought
against
her
and
her
Husband
at
the
Kings
Suit
,
so
that
't
is
a
great
mistake
to
say
she
is
not
punishable
by
this
Statute
.
Days
.
XLIX
.
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
declared
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
,
Parliament
.
whither
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.
Palmers
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
discontinuance
,
continued
for
a
longer
time
or
made
perpetual
,
and
a
Statute
discontinued
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
former
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
opinion
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
:
notwithstanding
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.
Days
.
Within
three
months
next
after
such
person
shall
be
apprehended
or
taken
35
Eliz.
2.
§
8.
N.
3.
Wingate
Crown
80.
clearly
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
presenting
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
misled
in
the
Execution
of
this
part
of
their
office
by
trusting
to
that
abridgment
.
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
required
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.
Exile
.
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
meaning
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
offence
it self
is
of
another
nature
,
viz.
his
not
repairing
to
the
place
the
Statute
appoints
him
,
or
his
removal
from
thence
contrary
to
the
Statute
,
or
his
not
presenting
himself
,
and
delivering
his
true
Name
,
as
aforesaid
:
Either
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
Justices
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
Abjuration
,
as
in
Case
of
Felony
;
and
altho
the
Felon
were
tied
to
these
Circumstances
,
yet
the
Recusant
is
not
,
nor
shall
be
a
Felon
for
omitting
them
,
but
't
is
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
Information
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
examine
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
inform
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
enabled
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
refuseth
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
,
Examinant
.
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.
Vrged
by
Process
,
Process
.
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
(
Vrged
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
,
Constable
.
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
,
Submission
.
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
,
Jurisdiction
.
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
't
is
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
Dispensation
)
which
are
a
very
material
part
of
the
Submission
,
are
likewise
omitted
by
Wingate
.
LVII
.
The
Laws
,
&c.
145.
Abr.
147.
Such
relapse
,
Certificate
.
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
,
Justices
.
&c.
3
Jac.
4.
§
3.
N.
5.
Note
,
that
notwithstanding
these
words
,
an
Information
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.
Constable
.
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
Popish
Recusant
,
although
such
Children
or
Servants
be
Recusants
,
unless
they
are
Popish
Recusants
;
and
that
't
is
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
.
Indictment
.
LX.
The
Laws
,
&c.
162.
163.
Abr.
165.
To
enquire
,
hear
,
and
determine
,
3
Jac.
4.
§
7.
N.
1.
This
is
intended
of
Indictments
only
,
and
revives
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
Affirmative
,
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.
Fosters
Case
,
11
Co.
61.
Appearance
.
LXI
.
The
Laws
,
&c.
164.
Abr.
169.
Shall
not
make
Appearance
of
Record
,
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
purpose
,
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
mistake
,
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
Indicted
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
Person
who
was
Indicted
,
and
against
whom
the
Proclamation
Issued
,
yet
if
he
deny
to
appear
upon
the
Proclamation
,
or
to
consent
that
his
Appearance
be
entred
of
Record
,
it
seems
that
his
Appearance
cannot
be
Recorded
,
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
:
Imprisonment
.
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
immediately
to
Goal
;
nor
can
any
other
Court
or
Justices
Bayl
him
in
this
Case
.
LXIV
.
The
Laws
,
&c.
175.
Abr.
183.
Justices
.
Vntil
the
next
Assizes
or
General
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
refusing
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.
Oath
.
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
't
is
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.
Error
.
Shall
incur
the
danger
and
penalty
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
refusal
.
And
after
they
have
there
made
the
Party
a
second
tender
of
the
Oath
,
Indictment
.
and
he
refuseth
it
,
by
which
he
incurs
a
Praemunire
,
the
Indictment
against
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
before
,
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
tendred
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
refusal
,
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
.
Oath
.
LXVII
.
The
Laws
,
&c.
179.
Abr.
186.
Vnto
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
,
't
is
a
refusal
of
the
whole
,
1
Bulstr.
198.
Lord
Vauxes
Case
.
Proof
.
LXVIII
.
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
sufficient
,
and
sufficiently
proved
;
and
the
same
cannot
be
brought
into
question
elsewhere
by
the
Party
.
Justices
.
LXIX
.
The
Laws
,
&c.
196.
197.
Abr.
211.
Where
any
Bishop
or
Justices
of
the
Peace
,
3
Jac.
4.
§
41.
N.
1.
The
Justices
of
Peace
have
a
twofold
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
General
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
Counsellors
,
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
Recusancy
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
Privy
Counsellors
,
was
as
Extensive
as
that
which
3
Jac.
4.
§
14.
N.
3.
is
given
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
woman
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
Counsellors
no
more
power
in
respect
of
the
Nobility
,
than
the
Bishop
had
in
reference
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
cannot
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
't
is
reported
1
Bulstr.
197.
the
Lord
Vaux's
Case
,
Pasch.
10
Car.
1.
is
to
the
contrary
:
For
't
is
said
there
,
he
was
Committed
to
the
Fleet
by
the
Privy
Council
for
refusing
the
Oath
of
Allegiance
,
and
afterwards
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
grounded
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.
Licence
.
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
Impowers
the
Justices
of
Peace
,
for
that
is
the
only
Proviso
which
gives
Power
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
other
Licences
given
by
35
Eliz.
2.
in
several
other
Cases
:
So
that
the
Provisoes
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
benefit
thereof
at
this
day
.
Justices
.
LXXI
.
The
Laws
,
&c.
207.
208.
Abr.
221.
by
(
such
Recusant
)
is
intended
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
Counsellors
,
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
recital
:
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
expresly
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
Counsellors
,
which
in
all
other
Particulars
is
so
much
more
absolute
and
extensive
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
Recital
,
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
without
any
Cause
shewn
,
or
Oath
made
;
but
he
who
is
not
Convicted
is
barred
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
Constitution
,
than
what
shall
naturally
flow
from
the
Act
it self
,
4
Inst.
331.
LXXII
.
The
Laws
,
&c.
208.
Abr.
222.
Licence
.
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
request
.
LXXIII
.
The
Laws
,
&c.
200.
Abr.
203.
Vnder
the
Hands
and
Seals
,
Indictment
.
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
Writing
,
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
,
Justices
.
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
disallowed
,
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
enough
.
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
Justice
of
Peace
and
Deputy-Lieutenant
,
he
cannot
act
herein
in
both
Capacities
;
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
Deputy-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
Mansfields
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
Persons
,
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
.
Licence
.
LXXVI
.
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
Recusants
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
particularly
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
necessary
business
seems
too
short
and
general
,
and
is
not
to
be
relied
on
.
Oath
.
LXXVII
.
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
it
s
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
before
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
.
Justices
.
LXXVIII
.
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
any
one
Justice
of
Peace
.
Books
.
LXXIX
.
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
deface
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
Superstition
.
So
that
in
this
Case
,
Books
written
in
a
language
or
stile
unintelligible
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.
Ware
.
In
the
same
County
where
such
Popish
recusant
shall
be
resident
,
3
Jac.
5.
§
27.
N.
1.
A
Popish
Recusant
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
County
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
;
Justices
.
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
County
,
as
was
resolved
in
that
Case
;
for
his
Potestas
Jurisdictionis
is
confined
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.
Imprisonment
.
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
't
is
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
,
Lieu.
3
Jac.
5.
§
28.
N.
1.
That
is
of
the
County
where
the
Popish
Recusant
is
resident
,
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
imprisoned
in
the
County
where
he
is
taken
,
and
the
Justice
of
Peace
who
pursued
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
.
Oath
.
7
Jac.
6.
of
Allegiance
.
LXXXIII
.
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
taking
this
Oath
of
Allegiance
,
for
that
he
is
here
declared
to
be
Persona
inhabilis
,
untill
he
take
it
,
Vaughan
355.
Thomas
and
Sorrel
,
Supra
,
and
3
Inst.
154.
Justices
.
LXXXIV
.
The
Laws
,
&c.
246.
For
any
two
Justices
of
Peace
within
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.
Oath
.
LXXXV
.
The
Laws
,
&c.
246.
Abr.
260.
To
require
any
person
or
persons
,
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
Justice
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
commit
some
contempt
to
the
King
.
Endictment
.
LXXXVI
.
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
.
Intendment
.
LXXXVII
.
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
suspected
,
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
Supposition
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.
Justices
.
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.
Lieu.
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
impowered
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
Justice
of
Peace
within
whose
Commission
or
Power
,
&c.
is
designed
or
intended
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
tender
at
the
Assizes
or
Sessions
;
all
which
must
be
comprised
in
the
Indictment
.
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
punished
in
another
Counry
,
unless
the
Statute
7
Jac.
6.
§
26.
N.
4.
had
expresly
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
likewise
to
examine
the
truth
of
the
Fact
,
and
take
Proofs
and
Evidences
thereof
.
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
punish
the
Offence
:
But
in
our
Case
,
the
cause
of
Suspition
arising
in
one
County
,
is
not
made
examinable
,
and
consequently
not
punishable
in
another
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
proceeded
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
Justice
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
Justice
,
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
Quarter-Sessions
,
as
is
appointed
3
Iac.
4.
§
.
13.
N.
5.
and
for
the
Clerk
of
the
Peace
or
Town-Clerk
to
Record
it
.
Oath
.
XC
.
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
,
unless
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
requisite
Circumstances
ready
to
enable
the
one
to
minister
,
and
the
other
to
take
the
Oath
.
And
't
is
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
never
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
Party
is
to
be
Committed
to
the
Prison
of
the
Marshalsey
,
which
is
the
ordinary
Prison
of
that
Court
,
until
the
next
Sessions
,
2
Bulstrode
155.
Dyer
297.
XCII
.
The
Laws
,
&c.
258.
259.
Or
of
Oyer
and
terminer
,
Justices
.
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
Candish
.
And
although
Justices
of
Peace
have
in
their
Commission
,
§
14.
an
express
Clause
,
ad
audiend
&
terminend
'
,
and
by
that
are
Justices
of
Oyerand
,
Terminer
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.
Justices
.
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
deliverer
,
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.
Coron.
Receiving
of
Jesuits
or
Seminary
Priests
contrary
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
abjuration
made
against
35
Eliz.
1.
§
3.
N.
1.
&
35
Eliz.
2.
§
10.
N.
1.
are
Felonies
against
the
Body
of
the
Commonwealth
.
XCV
.
Lambert
293.
294.
Any
one
Justice
of
Peace
of
that
Limit
,
Religion
.
Division
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
,
Oath
.
Liberty
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
benefit
of
any
gift
,
Conveyance
,
&c.
of
any
Lands
,
Tenements
,
&c.
3.
Iac.
5.
§
.
17.
N.
2.
XCVII
.
Lambert
294.
Lieu.
Popish
Recusants
indicted
or
Convicted
and
other
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
.
Submission
.
XCVIIII
.
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
Seminaries
,
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
.
Religion
.
XCIX
.
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.
Justices
.
C.
Lambert
197.
Any
Justice
of
Peace
within
the
County
in
which
any
Jesuit
,
Seminary
Priest
,
or
other
Priest
,
Deacon
,
or
Religious
or
Ecclesiastical
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
Ordinances
provided
in
Cases
of
Religion
,
27
Eliz.
2.
§
10.
N.
1.
supra
.
Dalt.
104.
cap.
45.
Notice
.
CI.
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
,
within
twelve
days
after
such
his
knowledge
,
under
the
pain
of
a
Fine
and
Imprisonment
;
and
that
Justice
of
Peace
ought
within
28
days
after
such
discovery
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.
Forfeiture
.
CII
.
Lambert
198.
The
Party
that
doth
first
discover
to
any
Justice
of
Peace
any
Recusant
or
other
,
entertaining
or
relieving
any
Jesuit
,
Seminary
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.
Oath
.
CIII
.
Lambert
333
,
334.
Any
two
Justices
of
Peace
may
require
any
Popish
Recusant
,
not
making
Submission
according
to
this
Statute
,
to
abjure
the
Realm
upon
his
Corporal
Oath
before
them
,
35
Eliz.
1.
§
2.
N.
1.
Dalt
.
104.
cap.
45.
infra
.
Justices
.
CIV
.
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
minister
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.
Process
.
CV
.
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
unmeet
for
such
Recusant
to
have
and
use
the
same
,
they
shall
be
presently
defaced
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
,
Bail
.
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.
Justices
.
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
.
Rome
▪
1.
If
any
Person
have
within
this
half
year
,
by
writing
,
printing
,
teaching
,
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
Dominions
,
have
refused
to
take
the
said
Oath
,
Oath
.
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.
Treason
.
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
,
Procurors
,
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
Obedience
,
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
Offender
,
or
knowing
such
offence
have
concealed
it
,
and
not
within
20
days
disclosed
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
voluntarily
served
any
such
foreign
Prince
,
&c.
not
having
taken
the
Oath
expressed
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
willingly
heard
Mass
,
23
Eliz.
1.
§
4.
N.
1.
12.
If
any
Person
have
used
or
put
in
ure
any
Bull
,
Writing
,
or
Instrument
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
reconcile
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
offence
.
15.
If
any
Person
have
,
after
such
offence
,
aided
,
comforted
,
or
maintained
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
disclosed
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
derived
,
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.
Certification
.
CIX
.
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
forfeit
for
every
such
offence
CC
Marks
,
27
Eliz.
2.
CX
.
Lambert
368.
Certificate
.
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.
Religion
.
Inquiry
in
Sessions
if
any
Person
being
above
the
Age
of
sixteen
years
,
and
not
having
lawful
and
reasonable
excuse
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
Statute
,
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
after
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
abiden
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
appointed
,
and
have
not
from
thence
departed
this
Realm
,
or
after
such
departure
have
returned
unto
any
his
Majesties
Dominions
without
his
special
licence
,
35
Eliz.
1.
§
2.
N.
1.
&
35.
Eliz.
2.
§
8.
N.
4.
5.
If
any
Person
have
kept
or
maintained
any
Schoolmaster
which
resorteth
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.
Justices
.
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.
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
.
Abjuration
.
CXIII
.
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
Justices
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
repairing
to
Church
,
according
to
former
Laws
in
such
manner
as
Justices
of
Assize
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
Proclamation
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
whereof
he
was
Indicted
,
3
Jac.
4.
§
.
7.
N.
2.
Oath
.
6.
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
mainprise
,
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
Sessions
,
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.
Justices
.
CXIV
.
Crompt
.
12
b.
By
23
Eliz.
1.
§
8.
N.
1.
Justices
of
Peace
may
enquire
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
Terminer
,
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
without
awarding
Process
,
because
they
have
no
Authority
by
23
Eliz.
1.
§
9.
N.
1.
but
only
to
enquire
,
&c.
CXV
.
Crompt
.
12
b.
Amerciament
.
It
seemeth
that
that
party
being
hereof
Indicted
(
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
,
Encumbent
.
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
local
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.
Forfeiture
.
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.
Church
.
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
lawful
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
Ordinary
,
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
himself
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
,
Baron
&
Feme
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.
Books
.
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
Supremacy
,
and
thereby
attributes
Jurisdiction
to
the
See
of
Rome
to
be
observed
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
secretly
,
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
allowance
,
&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
another
,
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
Contents
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
Supremacy
,
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
resolved
by
all
to
be
within
the
Danger
of
the
said
Law
.
Fish
.
CXX
.
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.
Jesuits
.
CXXI
.
Crompt
.
45.
Charge
in
Sessions
to
enquire
if
any
one
hath
voluntarily
received
,
aided
,
relieved
,
or
comforted
any
Seminary
Priest
,
Jesuit
,
&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.
Supra
.
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
Commission
,
to
inquire
of
all
Felonies
,
they
may
,
&c.
Ac●●ssory
.
CXXII
.
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.
It
s
held
a
good
Indictment
where
it
s
said
,
Indictment
.
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
Indictati
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
Indictment
,
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
,
Averment
.
Juratores
presentant
(
si
)
A.
B.
of
,
&c.
did
,
&c.
it
s
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.
Rome
.
Inquiry
at
Sessions
of
those
that
maintain
the
Authority
of
the
Bishop
of
Rome
against
5
Eliz.
1.
CXXVI
.
Crompt
.
144.
Good
behaviour
.
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.
Certificate
.
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.
Endictment
.
CXXVIII
.
Crompt
.
168.
The
Justices
shall
certifie
in
B.
R.
every
Presentment
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
it
s
taken
,
and
that
doth
not
make
such
Certificate
,
5
Eliz.
1.
CXXIX
.
Crumpt.
169.
Accessory
.
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
manner
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.
Church
.
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.
Oath
.
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.
Submission
.
CXXXII
.
Dalt
.
104.
cap.
45.
Any
one
Justice
of
Peace
may
require
the
submission
and
declaration
of
Conformity
to
his
Majesties
Laws
of
Recusants
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
.
Religion
.
CXXXIII
.
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.
Licence
.
CXXXIV
.
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
Convicted
,
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
,
Rome
.
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
Defensoris
,
&c.
apud
D.
in
Comitatu
predict'
scienter
,
consideratè
,
malitiose
,
&
directè
palam
in
presentia
multorum
dicti
Domini
Regis
nostri
nunc
subditorum
,
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
holy
Father
the
Pope
of
Rome
,
is
the
Supream
Head
of
the
Church
of
England
:
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
&
provisorum
,
&
Quod
A.
B.
de
D.
predict'
in
Comitatu
predict'
Wax-chandler
,
sciens
predict'
J.S.
dicta
verba
locutum
esse
ac
dicti
Papae
Autoritatem
modo
&
forma
,
ut
prefertur
defendisse
ipsum
J.
S.
apud
D.
predict'
postea
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
Statutorum
in
ejusmodi
casu
provisorum
&
editorum
,
West
.
Symbol
.
2
part.
131
b.
Sect.
210.
Rome
.
CXXXVI
.
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
Angliae
,
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
sequentibus
(
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
Parliament'
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.
Jesuit
.
For
a
Jesuit
and
his
Receivers
.
Essex
ss.
Inquiratur
pro
Domino
Rege
si
E.
C.
nuper
de
S.
in
Com.
predicto
Clericus
,
natus
apud
S.
predict'
in
Com.
predict'
atque
infra
Annum
jam
proximè
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
,
&
Hiberniae
Regis
,
Fidei
Defensoris
,
&c.
à
partibus
transmarinis
applicuit
,
&
dicto
sexto
die
Julij
Anno
supradicto
,
&
nonnullis
aliis
diebus
tunc
proximè
sequentibus
apud
S.
predict'
in
Comitatu
predict'
proditoriè
moram
fecit
ac
remansit
contrà
formam
cujusdam
Statuti
in
Parliamento
Dominae
Elizab
'
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.
Religion
.
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
Eliz.
nuper
Reginae
Angliae
tento
apud
Westm.
in
Com.
Middlesex
,
Anno
Regni
sui
vicessimo
tertio
in
hoc
casu
provisi
&
editi
,
&
contra
Pacem
dicti
Domini
Regis
Coronam
&
Dignitatem
suam
(
West
.
Symbol
.
2
part.
114.
Sect.
140.
Et
quod
Maria
B.
de
C.
praedict'
in
Comitatu
predict'
vidua
dicto
octavo
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.
Certificate
.
CXXXIX
.
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
named
,
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
Certificate
in
that
behalf
certified
and
expressed
;
and
that
they
did
see
the
Certificate
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
matters
or
things
in
the
said
Certificate
recited
,
mentioned
,
or
expressed
,
are
true
as
they
verily
believe
.
Religion
.
CXL
.
Kilborns
Precedents
93
:
A
Certificate
of
receiving
the
Sacrament
according
to
the
Act
,
25
Car.
2.
2.
Kent
ss.
Memorandum
,
That
at
the
Quarter-Sessions
for
the
said
County
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
Adjournment
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
Certificate
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
.
Religion
.
CLXI
.
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
Delivery
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
Minister
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
inhabit
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.
against
a
Priest
for
saying
Mass
in
the
Vestry
of
a
Church
,
&c.
Crompt.
259.
pl.
89.
tit
.
Religion
16.
CXLIII
.
Practical
Precedents
,
&c.
189.
Apprentice
.
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
presentant
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
scilicet
predicto
primo
die
Maij
Anno
supradict'
voluntariè
&
libenter
retinuit
&
custodivit
Anglicè
,
did
willingly
retain
and
keep
in
domo
sua
quendam
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
accessit
,
Anglicè
did
not
repair
alicui
Ecclesiae
,
Capellae
,
aut
usuali
loco
Communis
precationis
ad
audiend'
Divinum
Servitium
,
sed
abstinuit
ab
eisdem
Anglicè
did
forbear
the
same
per
predictum
spatium
predictorum
12
Mensium
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
.
Deeds
.
1.
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
Precept
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
Justice
himself
,
Crompt
.
149.
3.
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
,
for
I
see
no
cause
yet
why
it
should
be
directed
in
Latin
to
a
Constable
or
Bursholder
,
that
by
all
Presumption
understandeth
no
Latin
at
all
,
Dalt
.
328.
cap.
117.
Joindre
.
II.
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.
Sheriffs
.
2.
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
writing
any
Precept
,
Dalt
.
332.
cap.
117.
Deputy
.
3.
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
Imprisonment
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.
Monstr
.
5.
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
Authorize
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
.
Retorn
.
6.
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.
Lambert
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
Conservator
he
could
not
do
,
because
the
Writ
doth
so
enable
him
;
yet
Littleton
9
Ed.
4.
31.
is
to
the
contrary
.
III.
Lambert
90.
91.
Notice
.
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
,
Officer
.
this
nevertheless
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.
Lieu.
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
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
,
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
County
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.
Justifie
.
But
if
it
fall
out
that
he
refuse
to
come
and
put
in
Surety
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
Assault
upon
the
Officer
,
then
may
the
Officer
Justifie
the
beating
or
hurting
of
him
21
H.
7.
39.
by
Fineux
.
VI.
Lambert
.
93.
Arrest
.
And
an
Arrest
may
be
called
the
beginning
of
Imprisonment
;
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
taken
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.
Riot
.
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
Statute
of
Northampton
,
2
Ed.
3.
4.
or
of
forcible
Entry
,
8
H.
6
,
9.
&c.
Crompt.
148
b.
Justices
.
VIII
.
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
,
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
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
Offenders
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.
Indictment
.
IX
.
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
Justices
of
Peace
in
this
place
.
Many
of
them
do
use
to
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
;
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
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
,
4.
Inst.
177
,
178.
Crompt
.
148
b.
Dalt.
331.
cap.
117.
infra
.
Commission
.
X.
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.
Nosme
.
2.
This
Process
ought
always
to
be
in
the
name
of
the
King
,
thus
,
Jacobus
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
Authority
to
make
Process
upon
Indictments
taken
,
Abatement
.
as
well
before
former
Justices
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
before
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
,
Sheriffs
.
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
,
Utlary
.
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
the
Law
,
for
so
much
in
effect
do
the
words
of
the
Commission
§
13.
Quousque
Capiantur
reddant
se
aut
Vtlagentur
,
import
in
them
:
It
followeth
,
that
in
all
Cases
of
Endictments
,
if
the
Party
be
retorned
Insufficient
,
the
Process
of
Utlary
lieth
against
the
Offendor
,
if
he
be
not
taken
before
,
or
do
not
otherwise
offer
and
yield
himself
,
and
then
the
Power
of
the
Justices
endeth
with
the
Utlary
,
for
they
can
make
no
Capias
Vtlagatum
,
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
Commissioners
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
,
&
coram
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
Endictments
of
Trespasses
against
the
Peace
,
or
such
other
Contempts
,
the
Process
is
one
,
and
upon
Endictments
of
Treason
or
Felony
it
is
another
.
XIII
.
Lambert
514
,
515.
Upon
Endictments
of
Trespass
against
the
Peace
,
of
Conspiracies
,
and
of
Routs
in
the
Presence
of
the
Justices
,
Utlary
.
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
sufficient
,
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.
Marrow
.
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
specially
provided
by
those
same
Statutes
whereupon
such
Endictments
be
altogether
grounded
,
&c.
Ways
.
XIV
.
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
Amendment
of
those
Bridges
,
Crompt
.
151.
Maintenances
.
2.
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
transfer
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.
Apprentice
.
3.
The
Statute
of
Labourers
,
23
H.
6.
13.
§
1.
N.
10.
gave
after
the
Endictments
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.
Ale
.
4.
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
award
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
Recognizance
,
the
Justices
of
Peace
can
Award
any
Scire
Facias
,
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
.
Lieu.
XV.
Lambert
516.
517.
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
Endicted
for
depraving
the
Sacrament
,
by
two
Writs
of
Capias
and
the
Exigent
,
and
by
Capias
Vtlagatum
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.
Lieu.
4.
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
,
Lieu.
and
the
Endicttee
be
named
to
be
(
then
or
nuper
)
dwelling
in
any
other
County
,
there
is
a
special
Course
of
Process
in
that
behalf
,
for
his
benefit
appointed
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
,
retornable
before
the
same
Justices
of
the
Peace
,
before
whom
the
Endictment
was
taken
,
three
Months
at
the
least
after
the
date
thereof
,
for
all
Counties
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
commanded
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.
Nosme
.
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
Alias
dictus
is
not
to
be
traversed
,
1
Ed.
4.
1.
Crompt
.
149
b.
150
a.
XVIII
.
Lambert
518
,
519.
Supersedeas
:
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
Supersedeas
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.
Endictment
.
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
Exigent
.
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
incontinently
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
cometh
not
in
,
the
Exigent
shall
be
Awarded
,
and
the
Chattels
shall
be
forfeited
.
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
.
Lieu.
XX.
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
encouraged
.
3.
The
Statute
5
Ed.
3.
11.
§
1.
N.
2.
did
take
order
that
Justices
assigned
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.
Information
.
XXI
.
Lambert
520
,
521.
The
power
of
making
Process
upon
Informations
proceedeth
from
special
Statutes
,
and
may
not
therefore
vary
from
their
Directions
,
although
they
themselves
do
vary
greatly
one
from
another
.
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
Original
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
forfeit
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
.
Supplicavit
.
XXII
.
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
.
Certiorari
.
2.
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
Certiorari
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.
Market
overt
.
3.
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
.
Arrest
▪
XXIII
.
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
defend
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
Constable
,
or
such
other
Officer
of
the
Peace
,
then
ought
such
Officer
not
only
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
declare
the
same
to
any
such
Officer
of
the
Peace
,
then
such
Officer
may
Arrest
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.
Justices
.
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
manner
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
,
Oath
.
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
,
Trial.
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
Venire
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
.
XXVI
.
Lambert
534.
535.
Pleading
.
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
,
because
out
of
a
Leet
no
Process
can
be
Awarded
upon
it
.
And
this
peradventure
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
Process
ad
Respondendum
goeth
out
upon
such
an
Endictment
as
is
traversable
,
there
also
the
Party
may
offer
and
ought
to
have
his
Traverse
against
it
.
Officer
.
XXVII
.
Crompt
.
147.
A
Justice
of
Peace
may
make
whom
he
will
Officer
,
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.
Commission
.
4.
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.
Notice
.
5.
Nota
,
That
the
Officer
who
Arrests
a
Man
must
see
at
his
Peril
whither
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.
infra
.
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.
Monstrance
.
XXVIII
.
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.
Place
.
3.
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
seemeth
,
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.
Riot
.
XXIX
.
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
making
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
another
for
Felony
,
where
he
is
not
before
Indicted
,
Arrest
.
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
Authority
of
the
Justice
of
Peace
himself
;
For
the
Justice
himself
cannot
Arrest
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
Precept
,
upon
a
pain
contained
therein
,
as
Justices
of
B.
R.
may
,
&c.
XXX
.
Crompt
.
149.
Appearance
.
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
retorned
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
Counties
,
&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
,
Contempt
.
Dalt
.
334.
cap.
117.
4.
Crompt
.
149
b.
Jurisdiction
.
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
Warrant
supra
is
void
,
Dalt
.
334.
cap.
117.
XXXI
.
Crompt
.
150.
Accessory
.
Process
of
Exigent
shall
not
issue
against
the
Accessory
,
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
,
Appearance
.
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
Supersedeas
again
,
though
the
Chancery
be
the
higher
Court
,
as
7
Ed.
4.
9.
Supersedeas
Br.
31.
Crompt
.
151
b.
XXXII
.
Crompt
.
150
b.
Market
overt
.
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.
Maintenance
.
XXXIII
.
Crompt
.
151
b.
Justices
.
One
Justice
of
Peace
alone
cannot
Award
a
Capias
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.
Franchise
.
2.
Justices
of
Peace
may
Award
an
Attachment
to
the
Sheriff
of
any
County
in
England
,
as
well
within
Liberties
as
without
,
retornable
before
themselves
,
against
him
that
is
Commorant
that
should
Account
,
having
been
Collectors
of
Sums
Assest
for
making
of
Goals
,
23
H.
8.
5.
§
N.
&
5
Eliz.
24.
§
N.
Hostler
.
3.
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.
Sheriff
.
4.
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
.
Market
evert
.
5.
Process
shall
be
Awarded
against
Forestallers
,
Regrators
,
and
Ingrossers
,
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
.
War
.
6.
Process
shall
be
as
in
Trespass
where
a
man
is
Indict
on
4
&
5
Ph.
&
Mar.
3.
§
N.
for
not
coming
to
Musters
.
Measures
.
XXXIII
.
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.
Ftsh
.
2.
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
Escheator
who
offends
against
the
Statute
,
Officer
.
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.
Husbandry
.
4.
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
Trespass
Presented
before
Justices
of
Peace
.
Capias
.
XXXIV
.
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
Ingredias
&
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.
Alias
.
2.
Jacobus
,
&c.
Vicecom'
&c.
precipimus
tibi
sicut
alias
tibi
preceperimus
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
it
s
Entred
,
&
ipse
non
venat
,
Dalt
.
404
,
405.
cap.
132.
3.
Jacobus
&c.
Vicecom'
&c.
salutem
,
Pluries
.
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.
Exigint
.
4.
Jacobus
&c.
Vicecom'
&c.
salutem
,
Precipimus
quod
Exigi
facias
C.
D.
&
A.
in
Com.
tuo
Yeoman
,
quodque
secundum
legem
&
consuetudinem
Regni
nostri
Angliae
Utlagatur
si
non
comparuerit
,
&
si
comparuerit
tunc
eum
Capias
&
Salvo
Custodiri
facias
,
Ita
quod
Habeas
Corpus
ejus
Coram
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.
Dayes
.
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
mutandis
.
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
Awarded
,
as
it
seemeth
.
And
2
R.
3.
12.
it
appears
that
the
Writ
must
be
Warranted
by
the
Roll
,
See
Dyer
211.
4.
And
a
Man
that
hath
day
to
appear
by
the
Roll
,
or
is
to
have
corporal
Penance
,
or
is
to
loose
an
Inheritance
if
he
doth
not
come
there
he
shall
be
received
to
appear
notwithstanding
the
Writ
be
not
retorned
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
.
Monstr
.
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
England
,
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
Matters
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
Majesties
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
Parties
Name
,
nor
the
Matter
;
and
for
this
the
Justice
was
fined
in
the
Star-Chamber
,
as
Crompt
.
Jurisd.
34.
Laches
.
XXXVII
.
Dalt
.
330.
cap.
117.
Also
the
Justices
of
Peace
in
divers
Cases
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
Warrant
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
Offender
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
Person
before
them
,
that
so
they
may
take
Order
therein
,
Lambert
512
supra
.
Suggestion
XXXVIII
.
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
Warrant
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
Commandment
?
3.
Again
,
If
a
Felony
be
done
,
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
,
&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
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
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
Evils
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
unpunished
.
5.
Next
,
Indictment
For
the
Justices
of
Peace
to
bind
one
or
to
grant
a
Warrant
against
Offenders
upon
any
penal
Statute
to
appear
at
the
Sessions
to
answer
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
repealed
by
5
Eliz.
4.
§
2.
N.
1.
Lambert
187.
supra
.
7.
Also
it
is
usual
,
by
way
of
prevention
to
bind
by
Recognizance
such
as
do
Tramel
for
Larks
,
that
they
shall
destroy
no
Partridges
.
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.
Taverners
,
Inholders
,
Alehouse-keepers
,
Keepers
of
Ordinary
Tables
,
and
other
Victuallers
)
I
have
known
sundry
Proclamations
which
seem
to
Warrant
the
Justices
of
Peace
therein
;
but
for
the
other
,
what
Law
or
Warrant
there
be
for
it
,
I
know
not
,
untill
the
Offender
be
Convicted
.
XXXIX
.
Dalt
.
332.
cap.
117.
Officer
.
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
Warrant
.
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.
Notice
.
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
Action
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
Offender
,
&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.
supra
,
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.
Examination
.
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
Offender
shall
be
brought
by
the
Officer
before
the
Justice
upon
his
said
Warrant
,
or
else
happen
to
yield
himself
to
the
said
Justice
,
then
the
Party
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
Examination
,
&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.
Arrest
.
XLII
.
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
.
Dignity
.
2.
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
Justices
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
.
Venire
Fac.
XLIII
.
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
respondend'
nobis
super
quibusdam
Articulis
super
ipsum
A.
B.
presentatis
,
&
habeas
ibi
tunc
hoc
Preceptum
.
Teste
R.
M.
&
M.
D.
apud
Lynton
.
Distress
.
2.
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.
J●●tices
.
XLIV
.
Dalt
.
404.
cap.
132.
The
difference
between
Process
and
the
Precept
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
Indictment
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.
Imprisonment
.
Hereupon
it
appeareth
that
the
common
Warrant
or
Mittimus
to
answer
to
such
things
as
shall
be
objected
against
him
,
is
utterly
against
Law
,
4
Inst.
177.
Lambert
187.
supra
.
12
Co.
103.
supra
.
Proclamation
,
-
see
Notice
,
Process
.
Proof
.
Evidence
,
Examination
,
Witnesses
,
Testimony
,
Accusation
.
I.
LAmbert
210.
211.
Examination
.
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
Examination
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.
Oath
.
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
Informers
will
speak
coldly
against
a
Felon
before
the
face
of
the
Justice
,
having
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
,
Recogn
.
9.
seemeth
to
be
meant
of
a
Recognizance
acknowledged
unto
the
Kings
use
,
conditioned
to
the
performance
of
that
which
the
Statute
appointed
,
Crompt
.
196.
§
3.
3.
For
as
in
the
Case
of
Surety
of
the
Peace
and
good
abearing
,
Records
.
the
Justice
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
matter
,
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.
Evidence
.
If
a
Man
gives
Evidence
to
a
Justice
of
a
Felony
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.
Certification
.
IV.
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
Statute
.
Recognizance
.
V.
Crompt
.
197
b.
pl.
25.
A
Coroner
may
take
a
Recognizance
or
Obligation
of
such
who
give
Evidence
before
him
Super
visum
corporis
,
to
prove
him
that
Kill'd
the
Party
Culpable
,
and
bind
them
to
appear
before
the
Justices
of
Goal-delivery
,
2
&
3
Ph.
&
Mar.
10.
§
2.
N.
4.
&c.
Evidences
.
VI.
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
said
Justice
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
Justice
of
Peace
upon
his
Discretion
may
commit
to
Prison
such
Person
so
refusing
,
or
may
bind
him
to
his
Good-behaviour
.
Imprisonment
.
2.
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
.
Justices
.
3.
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
Evil
Fame
,
and
that
there
be
a
Felony
committed
,
in
these
cases
the
Justices
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
.
Examination
.
VII
.
Dalt
.
49.
cap.
20.
Every
Justice
of
Peace
may
and
must
take
the
Examinations
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
against
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
Justices
at
the
Goal-delivery
.
7.
It
the
Justice
of
Peace
shall
not
Certifie
such
Examinations
and
Informations
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
Examinations
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.
Coron.
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
Forgery
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
Statutes
in
such
Cases
.
And
yet
,
2.
Certificate
.
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.
Trial.
By
the
letter
of
2
&
3
Ed.
6.
24.
§
N.
the
Jurisdiction
over
the
last
recited
Felonies
(
of
stealing
goods
or
Strokes
in
another
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
Offenders
.
Also
the
Justices
of
Peace
may
enquire
thereof
,
and
take
Indictments
against
them
,
as
in
other
cases
of
Felony
.
X.
Dalt
.
54
,
cap.
20.
Pope
.
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
Examinations
,
Informations
,
and
Recognizances
by
him
taken
to
the
said
Sessions
or
Goal-delivery
,
or
in
B.
R.
&c.
XI
.
Dalt
.
296.
297.
●ar
.
&
F●●●
▪
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
others
in
case
of
Theft
wherein
her
Husband
was
a
Party
and
yet
her
Evidence
was
pregnant
and
material
to
have
proved
the
Felony
against
others
that
were
Parties
to
the
same
Felony
,
and
not
directly
against
the
Husband
,
1
Inst.
6
b.
Testimony
.
3.
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
commanded
,
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
Arraignment
.
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
thereupon
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
Witnesses
,
yet
it
seemeth
safest
for
the
Justices
of
Peace
to
take
their
Information
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.
Imprisonment
.
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
over
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
,
Testimony
.
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
Evidence
against
Felons
,
21
H.
8.
11.
N.
hath
enacted
,
Restitution
.
That
if
any
man
hath
any
Goods
stoln
from
him
,
if
the
Felon
be
thereof
Indicted
,
and
after
in
any
sort
Attainted
or
Arraigned
,
and
thereof
found
Guilty
by
reason
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
Servant
,
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
delivering
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
Midsomer
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
●ltered
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
Foregoer
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
proclaimed
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
Oaken
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
Oxford
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
provisoribus
&
emptoribus
Hospitij
dicti
Domini
Reg●s
dicto
primo
die
Anno
supradicto
(
Quo
quidem
tempore
nullum
ostendit
aut
secum
habuit
Warrantum
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
existentes
inventas
sub
colore
Purveyanciae
pro
dicto
Hospitio
Illegitimè
ac
Felonicè
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
complaint
of
A.B.
of
&c.
in
the
County
aforesaid
,
that
C.
D.
of
E.
hath
Impressed
a
Cart
for
Carriage
of
his
Majesties
provisions
,
without
consent
of
the
Owner
,
on
pretence
or
colour
of
a
Warrant
from
the
Green-Cloth
,
contrary
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
,
Requiring
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
Statute
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
horsemeet
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
between
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
Hundred
,
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
proclaimed
the
Rates
aforesaid
in
all
the
Towns
and
Villages
within
the
said
Hundred
,
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
appointed
,
contrary
to
the
form
of
the
Statute
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
levy
to
the
use
of
the
said
C.
D.
by
Distress
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
under
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
Majesties
Ordnance
,
)
for
providing
of
Carriages
for
the
Service
of
his
Majesties
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
refuseth
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.
having
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
neglected
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
.
Pledges
.
I.
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.
Bail
.
2.
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
.
Records
.
3.
F.
N.
B.
82.
D.
on
the
other
side
holdeth
that
such
an
Obligation
,
taken
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.
Obligation
.
4.
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.
Peace
.
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
matters
concerning
his
Office
specially
,
Dalt
.
171.
cap.
70.
2.
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
of
the
House
of
A.
or
by
such
like
Misdemeanor
,
Dalt
.
171.
cap.
70.
3.
Dayes
.
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
,
Dalt
.
172.
cap.
70.
4.
But
as
it
was
moved
,
2
H.
7.
1.
pl.
Records
.
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
the
Statute
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
,
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
coming
,
to
be
bound
over
if
he
be
so
required
.
6.
And
by
Mr.
Marrow
,
if
the
Recognizance
contain
a
duty
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
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
special
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
,
Appearance
.
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
persona
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
comparebit
coram
Justiciarijs
dicti
Domini
Regis
ad
Pacem
ad
proximam
generalem
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
populum
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
manucapt'
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
contigerit
Ipsum
R.
P.
premissa
vel
eorum
aliquid
in
aliquo
infringere
&
inde
legitimo
modo
convinci
.
In
cujus
rei
testimonium
,
Ego
predict'
J.
L.
Sigillum
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
Sessions
.
Supplicavit
.
IV.
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
Minister
,
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
eundem
T.
ad
sufficientem
securitatem
&
manucaptores
pacis
inveniend'
secundum
formam
dicti
brevis
,
videlicet
,
&c.
(
as
the
Writ
which
is
of
divers
forms
shall
appoint
)
Compulisse
.
In
cujus
rei
testimonium
hujus
presenti
Certificationi
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
apposui
.
Dat'
&c.
4.
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
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
desire
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.
Release
.
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
,
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
.
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
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
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
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
while
intending
to
Beat
B.
he
may
collude
with
A.
both
to
pray
and
Pardon
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
untill
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
.
Records
.
7.
Now
in
these
Cases
,
the
Recognizance
may
not
be
cancelled
,
lest
peradventure
the
Peace
was
broken
,
and
consequently
the
Recognizance
forfeited
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.
infra
.
8.
First
,
for
the
Release
of
the
Justice
thus
,
Ego
prefat.
T.
W.
Miles
,
Qui
supra
nominatum
A.
B.
ad
predictam
securitatem
pacis
inveniend'
ex
mea
discretione
compuli
eandem
securitatem
pacis
,
quantum
in
me
est
ex
mea
discretione
1
Die
Aug.
&c.
remisi
&
relaxavi
.
In
cujus
rei
testimonium
huic
presenti
relaxationi
meae
Sigillum
meum
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
pacis
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
Justice
,
which
hath
not
the
Recognizance
,
then
this
latter
form
must
be
framed
accordingly
,
Dalt
.
176.
cap.
71.
Appearance
.
VI.
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
Discharged
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
purchased
,
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
;
Abatement
.
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
Recognizance
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
unto
him
.
VII
.
Lambert
114.
115.
The
Condition
of
this
Recognizance
,
Forfeiture
.
of
what
good
form
soever
you
make
it
,
standeth
upon
two
points
,
1.
For
appearance
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
Recognizance
;
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.
&c.
and
shall
suppose
it
to
be
contra
pacem
.
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
Curiam
.
5.
Like
forfeiture
is
it
if
he
that
is
bound
do
but
command
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
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.
Good
behaviour
.
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
&
assumpsit
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.
Quilibet
eorum
seperatim
sub
paena
C
libr.
quod
Idem
R.
G.
personaliter
comparebit
coram
Justiciarijs
dicti
Domini
Regis
ad
Pacem
,
&c.
ad
proximam
generalem
Sessionem
,
&c.
&
quod
ipse
interim
se
bene
gerit
erga
Dominum
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
Regis
de
Corporibus
suis
per
insidias
insultus
seu
aliquo
alio
modo
quod
in
laesisionem
seu
parturbationem
pacis
dicti
Domini
Regis
cedere
valeat
quovismodo
,
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
permaneat
.
Release
.
3.
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
.
Obligation
.
IX
.
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.
Coron.
2.
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
,
personaliter
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
Felony
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.
〈◊〉
.
X.
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
several
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
Prisoner
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
Recognizance
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
Steward
in
a
Court
of
Pypowders
,
cannot
grant
Surety
of
the
Peace
,
unless
it
be
by
Prescription
,
Dalt
.
2.
cap.
1.
XI
.
Kilb.
Precedents
190.
Bailmen●
.
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
Justiciar'
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
prefatis
Justiciarijs
&
Socijs
suis
ad
proximam
Generalem
Sessionem
Pacis
in
Com.
predict
.
tenend'
ad
stand'
Rect.
in
Curia
si
quis
versus
eos
tunc
loqui
voluerit
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.
Justices
.
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
,
Games
.
and
every
other
Chief
Officers
who
find
or
know
of
any
other
using
or
exercising
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.
Sepersedeas
.
Justices
of
Assize
out
of
their
Places
granting
the
Peace
,
Another
Justice
of
Peace
there
may
make
a
Supersedeas
,
but
not
where
it
s
granted
sitting
the
Court
,
as
I
heard
was
done
at
Derby
,
43
Eliz.
Quaere
,
Dalt.
168.
cap.
69.
Ale
.
XV.
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.
Variance
.
XVI
.
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
Recognizance
shall
be
void
,
as
Com.
62.
&c.
Bastardy
.
XVII
.
Crompt
.
196
b.
§
8.
Quaere
,
If
a
Justice
of
Peace
may
by
his
Discretion
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.
Process
.
XVIII
.
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
.
Constable
.
XIX
.
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
Bailed
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
,
Supra
.
Sheriffs
.
XX.
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
.
Cattle
.
XXI
.
Crompt
.
196.
§
14.
Justices
of
Peace
in
their
Sessions
may
take
a
Recognizance
of
Badgers
and
Drovers
,
that
they
shall
not
forestall
nor
ingross
,
nor
do
any
other
thing
against
the
Statute
of
5
&
6
Ed.
6.
14.
Poor
.
XXII
.
Crompt
.
196
b.
§
15.
A
Justice
of
Peace
in
Sessions
may
take
a
Recognizance
of
him
that
takes
a
Rogue
in
Service
to
appear
at
the
same
Sessions
,
a
year
next
after
14
Eliz.
5.
§
N.
Fowl
.
XXIII
.
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
against
the
Statute
23
Eliz.
10.
§
2.
N.
5.
And
it
seemeth
it
shall
be
by
Recognizance
,
and
yet
the
Statute
doth
not
say
whether
it
shall
be
by
Recognizance
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.
Peace
.
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
,
Quaere
.
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.
Justices
.
The
Justices
of
Peace
have
no
Authority
to
take
Recognizance
of
any
to
appear
at
the
Sessions
to
Answer
to
their
default
or
offence
,
where
the
Statute
doth
not
give
it
,
as
it
seemeth
,
Quaere
.
XXVII
.
Crompt
.
197.
§
22.
Two
Justices
of
the
Peace
,
Tythes
.
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
Recognizance
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.
Apprentice
.
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.
Coron.
A
Coroner
may
take
a
Recognizance
or
Obligation
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.
Slander
.
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
Supra
.
XXXII
.
Crompt
.
197
b.
§
23.
Obligation
.
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
Recognizance
,
though
it
be
not
so
expresly
given
.
XXXIII
.
M.
2
H.
7.
1.
pl.
2.
Peace
Br.
11.
Certiorari
.
If
a
Recognizance
of
the
Peace
be
taken
by
a
Justice
of
Peace
,
this
may
be
Certified
by
a
Certiorari
(
supra
)
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
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
,
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.
Release
.
XXXV
.
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
.
Appearance
.
XXXVI
.
Dalt
.
174.
175.
cap.
71.
If
the
Justice
of
Peace
shall
not
Certifie
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
Party
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
whereupon
to
call
him
.
Bar.
&
sem.
3.
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.
Religion
.
XXXVII
.
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
Knowledge
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
Offenders
.
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
,
Sabbath
.
I.
LAmbert
118.
Recognizance
.
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
meaning
,
that
a
Party
so
bound
may
afterwards
forfeit
his
Recognizance
if
he
Eftsoons
offend
against
the
said
Statutes
.
II.
Lambert
195.
Church
.
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
Accusation
thereupon
to
be
had
by
the
said
Arrester
,
or
other
Person
,
shall
forthwith
Commit
the
party
so
taken
to
safe
Custody
by
his
Discretion
.
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.
Ecclesiastical
Persons
.
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
,
malitiously
or
contemptuously
hath
molested
or
troubled
,
or
by
any
other
unlawful
ways
or
means
,
disquieted
or
misused
any
Preacher
lawfully
Authorized
,
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
Reconciliation
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.
Process
.
V.
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
Commit
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
.
Slander
.
VI.
Lambert
411.
412.
Enquiry
at
Sessions
,
if
any
person
have
within
these
three
Months
,
by
contemptuous
or
reviling
words
,
or
have
advisedly
in
any
otherwise
depraved
,
despised
,
or
reviled
the
blessed
Sacrament
of
the
Body
and
Blood
of
Christ
,
1
Ed.
6.
1.
§
1.
N.
6.
revived
1
Eliz.
1.
§
14.
N.
1.
Crompt
.
12.
Justices
.
VII
.
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
Statute
,
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.
Sessions
.
VIII
.
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.
Process
.
IX
.
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
Vtlagatum
,
into
any
place
within
the
Kings
Dominions
.
Church
.
X.
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.
Encumbent
.
XI
.
Lambert
412.
413.
Enquiry
at
Sessions
,
if
any
Person
,
Vicar
,
or
Minister
have
refused
to
use
the
Common
Prayers
,
or
to
Minister
the
Sacraments
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
,
Slander
.
or
by
any
open
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
Prayer
,
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
lawful
and
reasonable
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.
XII
.
Crompt
.
12.
Ab.
Ecclesiastical
.
Persons
.
As
also
you
shall
enquire
if
such
Ecclesiastical
Person
who
should
say
Common
Prayer
,
and
Minister
the
Sacraments
in
any
Cathedral
or
Parish
Church
,
or
other
place
,
hath
not
within
this
year
and
day
said
and
used
the
Matins
,
Even-Song
,
Celebration
of
our
Lords
Supper
,
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
Enquire
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
Endictment
untill
he
appear
and
pleads
to
the
Endictment
,
Process
.
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
,
Amerciament
.
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
,
Encumbent
.
or
Stipendary
Chaplain
,
nor
obliged
nor
bound
by
his
Cure
to
serve
,
&c.
is
within
the
purview
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
Parliament
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
sufficient
to
prove
him
a
Priest
or
a
Minister
.
Pope
.
XIII
.
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
Imprisoned
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
Imprisonment
,
&c.
see
the
Statute
,
&c.
And
by
consequence
,
such
are
not
to
be
called
before
the
Ordinary
,
nor
to
be
Indicted
.
Church
.
XIV
.
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
commited
,
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
Ordinary
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
lawful
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.
Process
.
4.
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
doubted
per
Curiam
.
Church
.
5.
The
King
defends
,
and
commands
that
Fairs
nor
Markets
hence-forward
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.
Scholars
.
XV.
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
every
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.
Endictment
.
Inquiratur
per
Domina
Regina
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'
voluntariè
usus
fuit
privato
alio
Ritu
Ceremonia
forma
&
modo
Celebrationis
Coenae
Dominicae
vocat'
the
Lords
Supper
,
quam
in
quodam
libro
Intitulat'
Liber
Communis
Precationis
&
Administrat'
Sacrament'
&
aliorum
Rituum
&
Ceremoniarum
Ecclesiae
Anglicanae
Authorizat'
per
Actum
Parliament'
tent'
in
Annis
5
&
6
Regni
Domini
Edwardi
nuper
Regis
Augliae
sexti
declarat'
&
mentionat'
existit
,
videlicet
dicend'
&
Celebrand
'
unam
Privatum
Missam
contrà
formam
Statuti
in
Parliament'
dictae
Domiminae
Reginae
nunc
apud
Westm.
Anno
Regni
sui
primo
tent
edit'
&
provisi
,
&
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
contrà
pacem
,
&c.
Crompt
.
259.
pl.
89.
XVII
.
Lamberts
Precedents
2
b.
pl.
5.
Pope
.
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
Defensoris
,
&c.
apud
C.
predict'
in
Comitatu
predict'
voluntariè
Dixit
&
Celebravit
unam
Missam
contrà
formam
cujusdam
Statuti
in
Parliament'
Dominae
Elizab.
nuper
Reginae
Angliae
tento
apud
Westm.
in
Com.
Middlesex
,
Anno
Regni
sui
23.
in
hoc
casu
provisi
,
&
editi
,
&
contra
pacem
dicti
Domini
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
prefertur
dictam
ad
tunc
&
ibidem
voluntariè
Audivit
contra
formam
Statuti
predicti
ac
contrà
Pacem
Coronam
&
Dignitatem
dicti
Domini
Regis
nostri
.
XVIII
.
Lambert
Precedents
2
b.
pl.
6.
Church
.
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
,
Anno
Regni
Domini
nostri
Jacobi
,
&c.
Regis
,
fidei
Defensoris
,
&c.
fuit
etatis
16.
Annorum
,
&
ultra
,
non
accessit
,
Anglicè
,
did
not
repair
,
ad
Ecclesiam
suam
Parochialem
de
D.
predict'
nec
ad
aliquam
Ecclesiam
,
Capellam
,
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.
Scholars
.
XIX
.
Lamberts
Precedents
3.
pl.
7.
An
Indictment
against
a
School-Master
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
Comitatu
predict'
viduae
,
ausus
est
&
presumpsit
erudire
&
docere
Pueros
Dictae
E.
A.
ibidem
cum
idem
K.
M.
durante
dicto
tempore
non
accessit
nec
resortavit
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
legitimam
aut
rationabilem
dictae
suae
absentiae
excusationem
,
&
cum
idem
K.M.
non
est
per
Episcopum
Diocesis
loci
illius
in
quo
sita
est
predicta
Ecclesia
Parochialis
de
J.
predict'
aut
per
ejus
loci
Ordinarium
licentiatus
aut
allocatus
ad
erudiendum
&
docendum
in
magnum
dicti
Domini
nostri
Regis
contemptum
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'
erudientem
&
docentem
sciens
ipsum
K.M.
modo
&
forma
predict'
se
absentasse
in
contempt'
dicti
Domini
Regis
ac
contra
formam
Statuti
predicti
.
Pope
.
XX.
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
Regis
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'
predict'
J.
R.
ad
Missam
predict'
dicend'
et
Celebrand
'
contra
formam
Statuti
predicti
ac
contra
pacem
&c.
Endictment
.
XXI
.
Crompt
.
104
b.
§
53.
It
s
a
good
Indictment
where
it
s
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.
Sessions
.
XXII
.
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.
Good-behaviour
.
XXIII
.
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
,
according
to
the
intent
of
the
Statute
,
1
Eliz.
2.
§
14.
N.
1.
&c.
XXIV
.
Crompt
.
151.
Two
Capias
an
Exigent
,
Process
.
and
a
Capias
Vtlagatum
shall
issue
against
him
that
is
Indicted
upon
1
Eliz.
2.
§
4.
N.
4.
for
depraving
the
Sacrament
,
&c.
XXV
.
Crompt
.
155.
Ab.
Bail
.
Nor
he
shall
not
be
let
to
Bail
or
Mainprise
,
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
,
Church
.
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
Majesties
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.
Forfeiture
.
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
Sunday
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
require
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
imployed
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
convenient
speed
,
to
the
end
I
may
further
Proceed
therein
as
to
Justice
doth
appertain
;
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.
Imprisonment
.
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
Commanded
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
receive
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.
Encumbent
.
XXIX
.
Kilb.
Precedents
98.
A
Warrant
against
Encumbent
for
not
Officiating
,
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
Justices
,
&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
Vniformity
of
Publick
Prayers
and
Administration
of
the
Sacraments
,
and
other
Rights
and
Ceremonies
,
and
for
the
establishing
the
form
of
making
and
Ordaining
and
Consecrating
Bishops
,
Priests
,
and
Deacons
in
the
Church
of
England
;
in
the
Parish
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
occasion
,
Administer
each
of
the
Sacraments
and
other
Rites
of
the
Church
,
once
in
every
Month.
Encumbent
.
XXX
.
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
Majesties
Goal
for
the
said
County
at
M.
in
the
County
aforesaid
.
Kent
ss.
Forasmuch
as
we
(
viz.
two
Justices
)
have
received
a
Certificate
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
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
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.
Church
.
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
seditious
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
,
Church
.
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
Domini
Regis
nunc
22.
die
ultra
etatem
16.
Annorum
,
&
subditi
dicti
Domiin
Regis
ad
tunc
existent'
predict'
26.
die
Junij
,
Anno
22.
supradicto
insimul
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
,
Religionis
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
,
infra
,
Memorand'
etiam
quod
tempore
&
loco
supradict'
predict'
J.S.
assumpsit
super
se
docere
in
Conventiculo
predict'
&
in
eodem
ad
tunc
&
ibidem
docuit
contra
formam
Statuti
predicti
,
quodque
predict'
A.
B.
vidua
tempore
supradicto
scienter
,
Anglice
Wittingly
,
&
voluntariè
permisit
Conventiculum
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
:
Predictique
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
Statuti
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
prefertur
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
.
Forfeiture
.
XXXII
.
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
Tythingmen
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
County
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
upon
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
thereof
Convicted
as
aforesaid
,
the
said
G.
H.
did
forfeit
for
the
said
first
Offence
20
l.
and
that
he
the
said
Justice
had
by
Virtue
of
the
said
Act
imposed
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
aforesaid
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.
Proof
.
XXXIII
.
Kilb.
Precedents
57.
58.
A
Warrant
for
Witnesses
to
prove
the
Conventicle
.
To
the
Constable
,
Borshoulders
,
Headboroughs
,
and
Tythingmen
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
Instant
August
at
eight
of
the
Clock
in
the
Forenoon
of
the
same
day
,
then
and
there
to
testifie
their
several
Knowledges
touching
the
Premisses
,
whereof
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
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
,
Certificate
.
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
before
us
Convicted
according
to
an
Act
of
Parliament
to
prevent
and
suppress
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
,
upon
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
upon
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
aforesaid
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
therefore
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
present
at
the
same
Conventicle
:
And
forasmuch
as
the
said
W.
S.
is
an
Inhabitant
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.
Church
.
XXXV
.
Kilb.
Precedents
59.
60.
A
Record
of
the
Conviction
of
certain
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.
&
subdit'
&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
assemblaverunt
&
presentes
fuerunt
,
&
quilibet
eorum
presens
fuit
in
Donio
Mansionali
ipsius
Roberti
Kite
in
predicta
Parochia
de
S.
in
Com.
predict'
ad
assemblationem
sub
colore
,
&c.
pro
ut
&c.
&
ad
tunc
&
adhuc
in
pleno
robore
existent'
.
Memorand'
etiam
quod
predict'
homo
ignotus
ad
tunc
&
ibidem
assumpsit
super
se
docere
in
assemblat'
predict'
&
ad
tunc
&
ibidem
docuit
etiam
contra
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
predict
'
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'
fecimus
,
predictique
S.
B.
&
predict'
uxorejus
H.
S.
&c.
R.
K.
&
predict'
Hom'
ignot'
de
separalibus
offensis
suis
in
Record'
predict'
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
presertur
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
permisit
assemblationem
predict'
fore
tenend'
in
Domo
Mansionali
sua
predict'
forisfecit
Summam
20
libr.
Virtute
Statuti
illius
.
Et
quia
in
Judicijs
nostris
putamus
predict'
H.
S.
fore
pauperem
&
inhabilem
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
Bonis
et
Catallis
suis
non
potest
,
levari
ideo
ex
discretionibus
nostris
predict'
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
assemblat'
predict'
et
ad
tunc
et
ibidem
docuit
,
est
extraneus
,
Angl'
,
a
Stranger
,
et
nomen
et
habitatio
sua
incogn'
existit
,
ideo
ex
discretionibus
nostris
predict
'
summam
20
libr.
per
ipsum
pro
offensa
predict'
ut
prefertur
forisfact'
nos
prefati
Justiciarij
die
anno
et
loco
ultimo
mentionat'
de
Bonis
et
Catallis
separalium
personarum
hic
Postea
Mentionat'
levari
adjudicavimus
modo
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
aposuimus
.
XXXVI
.
Kilb.
Precedents
62.
63.
Forfeiture
.
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
Seditious
Conventicles
lately
made
and
provided
,
by
us
Convicted
of
his
wittingly
and
willingly
suffering
an
Assembly
to
be
holden
in
his
Dwelling
house
in
the
said
Parish
of
S.
upon
the
30.
day
of
March
now
last
past
,
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
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
further
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.
Religion
.
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
according
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
Chattels
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
Office
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
therefore
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
.
Forfeiture
.
XXXVIII
.
Kilb.
Precedents
65.
66.
67.
68.
A
Warrant
to
levy
the
Money
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
Yeoman
,
the
other
Church-Warden
of
the
said
Parish
,
T.
N.
of
the
Parish
aforesaid
,
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
,
contrary
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
Discretions
adjudged
the
same
to
be
levied
of
the
Goods
and
Chattels
of
the
aforesaid
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
distress
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
parcel
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
Offence
;
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
therefore
in
his
Majesties
Name
to
command
you
,
and
every
of
you
,
forthwith
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
being
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
incurred
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
distress
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
,
Bar
&
Feme
.
according
to
the
Act
aforesaid
,
of
being
present
at
the
Assembly
aforesaid
contrary
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
,
forthwith
to
levy
the
aforesaid
fine
of
5
s.
so
imposed
upon
the
said
Mary
as
aforesaid
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
aforesaid
,
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
,
●fficer
.
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
Overseers
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
Justice
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
before
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
aforesaid
,
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
according
to
the
said
Act
;
hereof
neither
you
,
nor
any
of
you
,
are
to
fail
at
your
peril
.
Given
,
&c.
Record
.
XXXIX
.
Kilb.
Precedents
70.
71.
A
Memorial
of
a
Record
of
a
Conventicle
.
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
tendred
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
Sessions
of
the
Peace
holden
for
the
said
County
at
M.
aforesaid
,
viz.
summa
patet
.
And
as
concerning
the
Moneys
in
the
said
Record
mentioned
to
be
payable
by
the
several
persons
here
under
named
,
his
Majesties
third
part
whereof
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
April
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.
Imprisonment
.
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
every
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
suppress
Seditious
Couventicles
)
Convicted
by
Record
by
us
(
viz.
two
Justices
)
made
of
being
present
in
the
Parish
of
C.
in
the
said
County
at
an
Assembly
,
Conventicle
,
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
,
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
into
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
Correction
,
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.
Imprisonment
.
A
Mittimus
upon
the
second
Offence
,
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
present
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
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
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.
Imprisonment
.
XLII
.
Kilb.
Precedents
74.
75.
A
Mittimus
upon
the
third
Conviction
.
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
present
at
the
Parish
of
T.
in
the
said
County
at
an
Assembly
,
Conventicle
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
,
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-division
of
this
County
,
the
next
Assises
,
Goal-delivery
,
Great-Sessions
or
sitting
of
Oyer
and
Terminer
in
the
County
aforesaid
,
which
shall
first
happen
,
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
Covert
)
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
Commissioned
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
Justices
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
prevent
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.
Record
.
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
Seditious
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.
Imprisonment
.
A
Mittimus
thereupon
upon
the
first
Conviction
.
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
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
,
(
Conventicle
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
command
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
delivery
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
Conviction
,
ut
supra
.
XLVI
.
Kilb.
Precedents
81
A
Certificate
for
the
taking
the
Oath
according
to
16
Car.
2.
4.
§
19.
N.
1.
Quakers
.
Kent
.
ss.
I
A.
B.
one
of
his
Majesties
Justices
of
the
Peace
of
the
County
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
refuse
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.
Escape
.
XLVII
.
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
every
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
levied
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
.
Escape
.
XLVIII
.
Kilb.
Precedents
82.
83.
the
like
Mittimus
for
suffering
one
at
large
to
Joyn
with
the
Offender
in
the
Exercise
of
Religion
.
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
Offender
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
.
Dignity
.
XLIX
.
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
every
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
,
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
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
Offence
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
suffering
a
Conventicle
the
first
and
second
conviction
.
L.
Kilb.
Precedents
868.
Imprisonment
.
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
Justices
&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
Parish
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
inhabiting
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
Precept
,
commanding
also
you
the
said
Keeper
to
receive
him
into
the
said
Goal
,
and
him
there
safely
keep
for
six
Months
without
Bail
or
Mainprise
;
hereof
fail
not
at
your
perils
.
Given
under
our
Hands
and
Seals
&c.
LI.
West
.
sym●●
2
part
101
b.
102.
sect.
95.
Church
.
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
habentes
nullam
legalem
seu
rationabilem
Excusationem
abessendi
adnitentur
adire
suam
Parochialem
Ecclesiam
vel
Capellam
consuetam
vel
super
rationabile
impediment'
aliquem
usitatum
locum
ubi
communes
precationes
&
Divina
servitia
,
in
Actu
illo
mentionat'
Celebrat'
fuerint
tempore
talis
impediment'
quodlibet
die
Dominico
&
alijs
diebus
ordinarijs
&
usitatis
observari
ut
Feestivis
Diebus
,
&
tunc
&
ibidem
man●re
secundum
ordinem
&
sobriè
durante
tempore
Precium
communium
Predecationum
aut
aliorum
divinorum
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
Ecclesiae
parochialis
ubi
talis
offensa
foret
fact'
ad
usum
pauperum
Inhabitent
'
ejusd'
parochiae
de
bonis
terris
&
tenementis
offend'
per
medum
districtionum
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'
scilicet
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
&
utebantur
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
adnillebantur
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
Precationum
et
divinorum
Servitiorum
ibidem
in
diebus
illis
dictorum
Habitorum
et
Ministratorum
,
sed
etiam
odio
Habent'
et
contemnent'
Evangelium
et
salubre
Dei
Verbum
et
dictum
Dominum
Reg.
et
Leges
suas
,
seipsos
voluntariè
absentaverunt
et
uterque
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
predict'
communum
Precum
,
Predicationum
et
Divinorum
Servitiorum
ibidem
in
diebus
illis
dictorum
habitorum
et
ministratorum
,
contra
pacem
et
in
contempt'
dicti
Domini
Regis
nunc
et
Legem
suam
et
Coronam
et
Dignitatem
suam
,
ac
contra
form'
Statut'
predict'
in
pernitiosum
Exemplum
Malefactorum
&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
Parochiali
de
C.
predict'
in
Com.
predict'
Sacrament'
Baptismi
cuidam
Infanti
Masculino
Existent'
filio
Cujusdam
'
C.
D.
ad
tunc
de
C.
predict'
in
Com.
predict'
Yeoman
,
administrant'
et
ad
tunc
et
ibidem
in
Ecclesia
predict'
ad
eundem
Infantem
masculinum
illum
,
Haec
Anglicana
verba
sequentia
,
And
do
sign
him
with
the
sign
of
the
Cross
;
Quae
quidem
verba
Anglicana
mentionat'
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
Domini
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
presentant
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
debuit
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
administrare
Sacrament'
in
Ecclesia
predict'
de
L.
predict'
in
tali
modo
et
forma
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'
recusabat
uti
et
dicere
nec
usus
est
precationem
Communem
in
Ecclesia
Parochiali
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
Parochiali
predict'
Ministravit
Sacrament'
Baptismi
cuidam
Infanti
cujusd'
C.
D.
in
alia
forma
quam
in
dicto
libro
Communis
Precationis
continetur
,
et
non
faciebat
signum
Crucis
super
frontem
ejusdem
Infantis
in
Ministrand'
Baptismum
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
Plurimorum
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
Anglicana
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
presentant
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
Sapientiam
Omnipotentiam
et
Majestatem
Domini
nostri
Jesu
Christi
Blasphemare
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
Intelligent'
falso
malitiose
et
advisatè
Diabolicè
Blasphematicè
et
Heretice
dixit
pronunciavit
et
alta
voce
publicavit
,
viz.
Jesu
Christo
,
Moyses
,
et
Mahomet
furmo
tre
grand
furbe
;
quae
quidem
verba
Italica
sic
significant
et
interpretantur
et
eundem
sensum
habent
pro
ut
haec
Anglicana
verba
sequentià
viz.
Jesus
Christ
,
(
predictum
Dominum
nostrum
Jesum
Christum
unigenitum
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
maximam
Die
Omnipotentis
displicentiam
,
in
malum
et
pernitiosum
exemplum
omnium
aliorum
in
hujusmodi
Casu
delinquent'
ac
contra
pacem
dicti
Domini
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
,
Assemblies
,
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
Trespasses
,
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
together
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
Common
,
Crompt
.
61.
§
4.
Or
to
Beat
a
Man
that
hath
done
unto
them
some
publick
Offence
or
Displeasure
.
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
accordingly
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
Action
.
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
gathered
together
;
for
so
it
is
commonly
holden
at
this
day
,
as
I
have
learned
.
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
intended
,
doth
not
always
excuse
or
accuse
the
Parties
to
a
Riot
,
Rout
,
or
unlawful
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
dreadfull
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
needeth
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
Reported
by
Dalison
,
Crompt.
61
b.
62.
§
13.
And
in
the
former
Case
it
is
not
material
,
whether
his
number
of
Servants
be
above
his
degree
,
or
no
,
so
long
as
they
be
his
Menials
or
Household
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
together
.
8.
But
if
a
number
of
Women
or
Children
,
under
the
Age
of
Discretion
,
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
Offence
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
Country
.
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
committed
to
Prison
,
there
to
remain
untill
some
other
commandment
be
given
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
another
Proclamation
;
The
Kings
Majesties
Justice
of
his
Peace
straitly
chargeth
,
and
in
his
Majesties
Name
Commandeth
all
and
every
Person
to
keep
Silence
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
Proclamation
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
Majesties
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
Proclamation
.
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
Prison
.
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
consuta
.
And
the
Schedule
may
be
thus
;
Dalt
.
396.
cap.
129.
Ego
K.
T
Armiger
,
unus
Custodum
Pacis
Domini
Regis
in
Com.
K.
certifico
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'
Laborers
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
pugiones
in
perturbationem
pacis
dicti
Domini
Regis
ac
terrorem
populi
sui
;
nec
non
in
contempt'
Statuti
in
dicto
Brevi
specificati
manifestum
,
ac
perinde
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'
appretiari
feci
per
A.
B.
C.
D.
&
E.
F.
de
B.
predict'
Yeoman
;
ad
hoc
Juratos
qui
dicunt
super
Sacrament'
suum
predict'
quod
predict'
duo
Galea
valent
10
s.
&
quod
dict'
Arcus
&
10.
Sagit'
valent
6
s.
&
quod
Gladij
predict'
valent
20
s.
&
quod
dict'
Pugiones
valent
5
s.
&
sic
quod
Armatura
predict'
valent'
in
toto
40
s.
de
quibus
paratus
sum
respondere
secundum
tenorem
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
himself
,
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
Execute
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
Certificate
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.
't
is
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
Northampton
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
Possession
.
VIII
.
F.
N.
B.
249.
F.
Rex
Vicecom'
&c.
Quia
datu'
est
nobis
intelligi
quod
quamplures
malefactores
&
pacis
nostrae
perturbatores
in
Conventiculis
Congregati
Armati
&
modo
Guerrimo
Arraiati
apud
C.
accederunt
&
Clausas
&
domos
quorundam
ligeorum
nostrorum
ibidem
per
vim
&
potentiam
Armatam
intrati
&
res
'
redditus
&
proventus
ac
alia
bona
sua
quaecunque
de
quibuscunque
possessionibus
suis
ibidem
proveinent'
capere
consentiunt
&
asportare
intendunt
&
ad
hoc
parant
in
nostri
contempt'
ac
quorundam
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
infringentes
Juxta
vim
et
effectum
ejusdem
Statut'
Castigari
facere
volentes
et
puniri
tibi
precipimus
quod
apud
villam
de
C.
et
alibi
in
Com.
tuo
ubi
necesse
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'
predict'
laedi
vel
populus
noster
terreri
turbari
aut
indebite
gravari
poterit
quov●smodo
sub
paena
Amissionis
Armorum
suorum
et
incarcerationem
corporum
suorum
ad
voluntatem
nostram
pro
ut
in
Statut'
predict'
plenius
continetur
:
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
secum
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
Respondere
facias
,
nos
vero
in
Cancellaria
nostra
sub
sigillo
tuo
de
nominibus
Arrestatorum
predict'
ac
de
Armis
et
Armaturis
suis
et
quid
et
cujusmodi
fuerint
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
Remittent'
&c.
Teste
Crompt
.
71
b.
72
a.
IX
.
Crompt
.
72.
Nota
,
if
a
Justice
executes
the
Statute
of
Northampton
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
Proclamation
as
it
seemeth
,
because
a
Proclamation
is
not
mentioned
in
the
Statute
.
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
Armor
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.
supra
.
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
.
Affray
.
XI
.
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
usually
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
against
the
wearing
of
Armor
and
Weapon
,
and
the
Writ
thereupon
grounded
(
supra
.
)
do
speak
of
it
by
the
words
Affray
del
pais
&
in
terrorem
populi
.
Justices
.
XII
.
Lambert
.
181.
182.
one
Justice
of
Peace
can
neither
make
enquiry
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
Trespass
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
.
Justices
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
party
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
being
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
Convicted
in
manner
and
form
as
it
is
contained
in
the
Statute
of
forcible
Entries
,
(
viz.
15
R.
2.
2.
)
13
H.
4.
7.
§
1.
N.
4.
And
if
such
Trespassers
be
departed
before
their
coming
,
then
these
Justices
of
Peace
,
or
three
,
or
two
of
them
,
shall
diligently
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
Counsell
all
the
Deeds
and
Circumstances
thereof
.
13
H.
4.
7.
§
2.
N.
2.
Which
Certificate
shall
be
of
like
force
as
the
verdict
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
Statute
,
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
Maintainers
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
committed
to
ward
,
there
to
remain
by
the
Discretion
of
the
Justices
.
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
Counsell
.
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
behalf
.
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
delivered
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
Indictment
or
other
Tryal
by
his
Peers
,
as
9
H.
3.
29.
Magna
Charta
speaketh
,
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
Justices
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
compelled
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
beating
,
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
compellable
to
wait
upon
him
.
XV.
Lambert
.
315
,
316
,
317.
The
Arrest
thus
made
,
these
Justices
,
Record
.
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
Recognizance
.
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
Riotose
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
going
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
Offences
.
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
private
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
Sheriff
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
offence
,
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
remedy
.
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
Comitatu
Yeoman
,
in
proprijs
personis
nostris
accessimus
ad
Domum
mansionalem
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
personarum
modo
guerrino
Arraiatos
,
viz.
Gladijs
,
Pugionibus
,
Galeis
,
Loricis
Arcubus
&
Sagittis
illicitè
&
riotosè
Aggregatos
,
&
eandem
Domum
obsidentes
&
multa
mala
in
ipsum
A.
B.
comminantes
in
magnam
pacis
dicti
Domini
Regis
perturbationem
ac
populi
sui
terrorem
,
&
contra
formam
Statuti
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
moraturos
quousque
finem
dict'
Domino
Regi
pro
inde
fecerint
;
incujus
rei
in
Testimonium
huic
presenti
Recordo
nostro
sigilla
nostra
apposuimus
.
Dat.
apud
predict'
die
&
Anno
primum
predictis
.
2.
Imprisonment
.
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
,
Enquest
.
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
therefore
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
Marrow
.
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
.
Certificate
.
XIX
.
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
,
countenances
,
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
Certificate
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.
Marrow
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
Council
,
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
,
because
the
Authority
of
the
Under-Sheriff
is
overshadowed
by
the
Sheriffs
own
presence
,
by
Marrow
:
But
otherwise
,
if
two
Certificates
be
equal
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
Enquiry
be
of
twelve
persons
,
and
the
truth
is
that
those
twelve
were
Harnassed
;
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
Enquiry
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
Rioters
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
Sheriff
,
or
Under-Sheriff
,
do
not
come
at
all
,
yet
those
Justices
shall
be
Excused
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
,
Sheriff
,
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
undecided
,
Dyer
100
,
pl.
25.
infra
.
Dalt.
110.
cap.
46.
XXI
.
Lambert
327
,
328
,
329.
The
Precept
to
the
Sheriff
for
Enquiry
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
Comitatu
predicto
,
quorum
quilibet
habeat
terras
&
tenementa
infra
dictum
Comitat'
liberi
tenement'
per
chartam
ad
Annuum
valorem
20.
solid'
aut
per
Copiam
rotulorum
curiae
ad
Annuum
valorem
16.
solid'
&
8.
denar'
aut
per
utrumque
ultra
omnes
reprisas
ad
inquirend'
pro
dicto
Domino
Rege
ac
pro
indemnitate
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
Regis
perturbatoribus
ignotis
ad
numerum
7
personarum
modo
guerrino
Arraiati
Vi
&
Armis
,
viz.
Hawberdis
,
Gladiis
,
Arcubus
,
&
Sagittis
20.
die
mensis
Januarij
ultimo
predicto
apud
C.
in
Com
,
predict'
inter
horas
octavam
&
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
vita
ejus
desperabatur
,
in
magnam
Pacis
dicti
Domini
Regis
perturbationem
&
Populi
terrorem
ac
contra
formam
Statuti
de
Riottis
,
Routis
,
&
Congregationibus
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
forcible
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
upon
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.
Imprisonment
.
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-Sheriff
,
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
Justices
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
Imprisoned
,
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
committed
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
Constables
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
notorious
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.
Traverse
.
XXXIV
.
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
malefacta
in
eisdem
Burgo
&
Parochia
perpetrata
Audienda
&
terminand'
assignaris
,
per
Sacrament'
12
Jurat'
extitit
presentatum
quod
A.
B.
C.
D.
E.
F.
de
G.
cum
diversis
alijs
malefactoribus
&
pacis
dicti
Domini
Regis
perturbatoribus
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'
Bonehilclose
,
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
&
Parochia
perpetrata
Audienda
&
terminanda
assignatis
,
venerunt
tam
prefatus
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
&
Parochiae
predict'
ad
hoc
impannellat'
&
exacti
,
viz.
F.
F.
Mercer
or
Draper
,
&c.
similiter
venerunt
,
qui
ad
veritatem
de
premissis
dicend'
triati
&
Jurati
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.
Capiantur
ad
satisfaciend'
dicto
Domino
Regi
de
finibus
suis
occasione
transgressionis
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
Angliae
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.
Endictment
.
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
described
,
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
party
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
.
Assemblies
.
XXXIX
.
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
Assemblies
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
assembled
,
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
after
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
inclosed
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
together
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
Persons
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
committed
or
put
in
ure
any
the
things
aforesaid
.
5.
And
if
any
Persons
,
to
the
Number
of
Forty
or
more
,
so
have
assembled
,
to
the
intent
to
do
any
the
said
things
,
or
any
other
Felonious
or
Rebellious
Act
,
and
have
continued
together
three
hours
after
such
Proclamation
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
Conventicles
.
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
mentioned
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
effect
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
intenderunt
conati
sunt
&
Practicaverunt
Vi
&
Armis
illegitimè
&
ex
authoritate
sua
propria
secare
&
prorsus
evertere
prosternere
ac
destruere
quoddam
caput
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
querimonia
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
habitationes
Loca
&
Domos
suas
unde
venerant
se
inde
in
Pacifico
modo
tetrahere
retirare
discedere
&
reverti
quae
quidem
Proclamatio
tunc
ibidem
modo
&
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
assembled
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
Justiciarium
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
&
continuè
Post
dictam
Proclamationem
sic
ut
prefertur
factam
&
habitam
sequentium
sed
riotosè
&
felonicè
insimul
remanserunt
&
continuaverunt
in
magnum
dicti
Domini
Regis
contemptum
ac
contra
pacem
coronam
&
Dignitatem
suas
,
nec
non
contra
formam
diversorum
Statutorum
in
hujusmodi
casu
provisorum
&
editorum
.
XLVII
.
Lamb.
Precedents
16.
pl.
43.
An
Indictment
for
a
Riotous
Affray
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.
Milite
,
&
socijs
suis
Justiciarijs
dicti
Domini
Regis
ad
pacem
in
dicto
Comitatu
conservand'
assignatis
tunc
ibidem
existentibus
&
in
plena
curia
sedentibus
quidam
A.
B.
C.
D.
E.
F.
G.
H.
&
J.
K.
de
S.
in
Com.
predict'
Generosi
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
&
Affraiam
maximam
tunc
ibidem
fecerunt
sese
invicem
verberantes
&
valuerantes
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
cancellariae
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
Tenementoram
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
predict'
R.
Armiger'
versus
dictum
H.
direct'
&
deliberat'
suit
eidem
Vicecom'
,
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
Domini
nostri
Jacobi
&c.
tertio
apud
N.
predict'
ad
dictum
Capitale
Messuagium
et
Tenementa
predict'
accesserunt
seseque
pro
Executione
Commissionis
ac
Brevis
predict'
ad
tunc
et
ibidem
assemblaverunt
ac
eundem
H.
A.
et
omnes
alios
ibidem
a
possessione
Messuagij
et
Tenementorum
predictorum
quiete
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
numerum
16.
personarum
servientium
et
famulant'
ejusdem
H.
A.
et
per
Mandatum
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
Commissionarum
predict'
et
servientes
suos
in
predict'
Capitale
Messuagium
et
Tenementa
predicta
intrare
offerentes
Riotosè
minati
sunt
,
ac
eosdem
Commissionar'
et
Vicecom'
ad
tunc
et
ibidem
violenter
et
Riotose
Extratenuerunt
et
Rescusserunt
et
possessionem
ejusdem
Messuagij
et
Tenementorum
predictorum
ad
tunc
et
ibidem
per
Spacium
sex
horarum
contra
eosdem
Vicom'
et
Commissionar'
Violenter
et
Riotose
tenuerunt
et
defenderunt
ita
quod
dictus
Vicecomes
ac
Commissionar'
predict'
ad
possessionum
predict'
virtute
Brevis
et
Commission'
predict'
habend'
et
prefat'
R.
N.
deliberandum
periculum
mortis
subierent
nonnullique
servientium
suorum
ad
tunc
et
ibidem
existent'
vuluerat'
fuerunt
contra
Pacem
dicti
Domini
Regis
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
insurrectionis
in
Conventiculis
illicitis
et
modo
Guerrino
Arraiati
,
Vi
et
Armis
viv
.
Bombardis
,
Gladiis
,
&c.
et
alijs
Armis
tam
invasivis
quam
defensivis
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
male
tractaverunt
,
Ita
quod
de
vita
sua
desperabatur
et
alia
Enormia
ei
intulerunt
ad
grave
Damnum
ipsorum
E.
H.
et
J.
S.
et
contra
Pacem
dicti
Domini
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.
Armiger'
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
prosternaverunt
et
fossat'
ibidem
existent'
ad
tunc
et
ibidem
cum
ligonibus
et
bipaliis
foderunt
planaverunt
et
impleverunt
ad
Grave
Damnu'
ipsius
R.
B.
contrà
formam
Diversorum
Statutorum
de
Riotis
er
Routis
,
et
alijs
Conventiculis
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
Comitat'
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.
Averia
sua
nuper
de
eadem
Villa
et
Com.
Clothier
,
cepissent
et
injustè
detinebant
ut
prefat'
T.H.
dicebat
,
et
quod
poneret
ipsos
W.
et
P.
per
vadios
et
salvos
plegios
,
Ita
quod
essent
ad
proximum
Comitat'
ipsius
Vicecom'
apud
Ilchester
in
Com.
predict'
tenen●
'
ad
respondend'
prefat'
T.
H.
de
placito
predicto
,
virtute
cujus
Warranti
predict'
A.
Die
et
Anno
supradictis
apud
S.
predict'
requisivit
prefat'
W.
S.
quod
dimitteret
sibi
averia
predict'
ad
deliberand'
eidem
prefat'
T.
H.
secundum
vim
formam
et
effectum
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
,
impediverunt
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
,
Justices
.
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.
2.
§
2.
N.
2.
Crompt
.
201
Dalt
.
134.
cap.
50.
II.
Lambert
571.
572.
Exchequer
.
No
doubt
but
this
Ordinance
51
H.
3.
St.
5.
pag.
11.
§
8.
N.
1
(
that
all
Justices
,
Commissioners
,
and
Inquirers
whatsoever
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
truly
and
indifferently
Execute
the
Authority
to
you
given
by
this
Commission
of
Sewers
,
without
any
favour
,
affection
,
corruption
,
dread
or
malice
to
be
born
to
any
manner
of
Person
or
persons
:
And
as
the
Case
shall
require
,
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
devised
by
the
most
discreet
and
indifferent
number
of
your
Fellows
being
in
Commission
with
you
,
for
the
due
redress
,
reformation
,
and
amendment
of
all
and
every
such
things
as
are
Contained
and
specified
in
the
said
Commission
,
and
the
same
Laws
and
Ordinances
to
your
cunning
,
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
Summoning
the
Sessions
.
II.
Lambert
352.
Two
Justices
of
the
Peace
,
the
one
being
of
the
Quorum
,
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
other
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
swearing
,
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
Sarjant
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
Wapentakes
.
2.
Or
have
Retorned
in
any
Pannels
any
Bayliffs
,
Officers
,
or
their
Servants
3.
Or
have
refused
to
let
to
Bail
upon
sufficient
Sureties
any
Person
being
in
his
Custody
,
because
of
any
Action
Personal
;
or
because
of
Endictment
in
Trespass
,
and
not
being
in
for
any
Condemnation
,
Execution
,
Utlary
,
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
Arrested
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
Justices
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
entred
any
more
Plaints
than
the
Plaintiff
supposeth
that
he
hath
cause
of
Action
for
;
or
have
levyed
the
Shire
Amerciaments
without
Book
indented
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
appertained
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
delivery
of
any
Constable
or
Townsh●ps
,
or
have
taken
any
thing
for
receiving
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
Author
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
Nobles
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
,
whereupon
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
Imprisonment
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
likewise
infected
with
Mal●ce
and
Envy
,
but
is
devised
and
practised
by
another
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
Offence
,
may
commit
any
one
that
is
vehemently
suspected
to
speak
or
report
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
presentant
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.
predict'
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
imaginatione
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
contra
Pacem
Coronam
&
Dignitatem
suas
necnon
contra
formam
Statuti
in
Parliament'
dictae
Dominae
nostrae
nuper
tent'
apud
Westm
'
in
Com.
Middlesex
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
Diabelica
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
proditorie
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
Martij
,
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
retordationem
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
presentant
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'
necnon
ad
diversas
Felonias
,
Transgressiones
,
&
alia
Malefacta
in
eodem
perpetrat'
Audiend'
&
terminand'
assignat'
de
quibusdam
Prisonarijs
in
eadem
Goala
ad
tunc
existent'
&
coram
eisdem
Justiciariis
ad
tunc
&
ibidem
indictat'
ritè
justè
&
secundum
leges
&
consuetund'
hujus
Regni
Angl.
deliberat'
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'
predict'
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
deliberationem
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
quatuor
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
Recognizance
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
Supersedeas
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
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
nature
,
and
cannot
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
,
T
it
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
Officer
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
Party
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
gathered
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
Soveraign
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
personally
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
undertaken
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
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
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
Chancery
,
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.
discharge
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
commanding
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
purchased
;
or
if
it
were
not
,
yet
he
shall
be
excused
,
and
the
Recognizor
never
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
Session
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
Precept
for
a
Sessions
of
the
Peace
,
all
their
fellow
Justices
cannot
discharge
it
by
their
Supersedeas
,
but
a
Supersedeas
out
of
the
Chancery
will
discharge
it
,
saith
Fitzh
.
VII
.
Lambert
518
,
519.
But
yet
you
must
presuppose
that
all
this
process
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
Endictment
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
Justice
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
Commission
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
Recognizance
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
appear
at
any
other
Sessions
,
and
not
at
that
Sessions
to
which
he
is
obliged
by
Recognizance
to
appear
,
because
he
cannot
discharge
that
Recognizance
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
Justice
if
he
doth
not
certifie
by
the
said
Statute
.
X.
Crompt
.
144.
145.
pl
1.
If
a
Supplicavit
be
Awarded
out
of
the
Chancery
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
Sheriff
to
cease
to
compel
A.
B.
to
find
Surety
upon
the
said
Writ
of
Supplicavit
.
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
Supersedeas
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
Trespass
,
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
Supersedeas
,
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.
ommibus
Ballivis
&
Ministris
Domini
Regis
infra
Com.
predict
&
eorum'
cuilibet
salutem
,
Quia
A.
B.
&
C.
D.
coram
me
personaliter
constitut'
Manuceperunt
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
censeatur
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
.
H.
B.
unus
Justiciar'
Domini
Regis
&c.
Vicecom'
&c.
salutem
;
Quia
J.
S.
sufficient'
securitat'
de
Pace
&
de
bono
Gestu
suo
erga
Dominum
Regem
&
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
Arrestand
.
omnino
Supersedeatis
,
&
si
ipsum
J.S.
ea
occasione
ceperitis
sive
Imprisonaveritis
tunc
eum
deliberari
facias
si
ipsum
ea
occasione
&
non
alia
detineatur
,
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
Minas
,
insidias
,
Insultum
seu
aliquo
alio
modo
quod
in
lesionem
seu
perturbationem
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
occasione
&
non
alia
existent'
indilatè
deliberari
facias
,
Dalt
.
&c.
4.
Note
,
that
upon
good
Sureties
taken
for
the
Good-behaviour
,
a
Supersedeas
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
Sessions
,
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
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
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
Domino
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'
omnino
supersed'
&
si
eum
ex
causa
&
non
alia
ceperitis
tunc
ipsum
sine
dilatione
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
otherwise
there
would
be
a
mischief
for
the
Imprisonment
,
and
he
may
be
Utlawed
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
upon
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
Curia
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'
audiend'
&
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'
assignat'
apud
Staff
'
D●e
&c.
ad
respondend'
dict'
Domino
Regi
de
divers
,
contemp●
'
&
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'
ulterius
faciend'
supersedeatis
omnino
&
si
ipsum
A.B.
ea
occasione
&
non
alia
ceperitis
&
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
Regis
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
Ministris
tam
infra
Libertates
quam
in
dicto
Com.
Salutem
;
Quia
A.B.
de
C.
in
Com.
predict'
Husbandman
,
venit
coram
me
&
invenit
,
sufficient'
securitatem
essendi
coram
Justiciar'
dicti
Domini
Regis
ad
pacem
in
Com.
predict'
conservand'
necnon
,
ad
divers
.
felon'
transgr'
&
alia
.
malefact'
in
eodem
Comitat'
Audiend'
&
terminand'
assignat'
ad
proximam
generalem
Sessionem
pacis
in
Com.
predict'
tenend'
ad
respondend'
dicto
Domino
Regi
de
divers
.
felon'
&
transgr'
unde
coram
eis
Indictat'
existit'
,
ideo
ex
parte
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
facias
,
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'
manucapt'
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
exigendo
prefat'
A.B.
ad
aliquem
Comitat'
tuum
vel
eum
Imprisonand'
sive
ipsum
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
Justices
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
&
singulis
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
verbatim
)
&
quia
predict'
J.
B.
&
C.
A.
coram
me
prefat'
E.
L.
personaliter
comparuerunt
&
predict'
J.
B.
Manucepit
pro
dicto
C.
A.
qui
infra
aetatem
21.
Annorum
Existit'
in
20
l.
Quas
recognovit
se
debere
dictae
Dominae
Reginae
ac
concessit
de
terris
&
tenement'
Bonis
&
Catallis
suis
ad
opus
dictae
Dominae
Reginae
levand'
,
viz.
quod
predict'
C.
A.
Damnum
seu
Malum
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
populum
suum
seu
alicui
de
eodem
populo
suo
coram
vobis
seu
aliquo
.
vestrum
iterum
inveniend'
Supersedeatis
seu
Supersederi
faciatis
omnino
&
si
ipsum
C.
A.
ea
occasione
&
non
alia
Ceperitis
seu
Capi
Mandaveritis
&
in
Prisona
ipsius
Dominae
Reginae
sub
Custodia
vestra
detinueritis
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
.
Tales
,
-
see
Enquest
.
Tanners
,
-
see
Leather
.
Taverns
,
-
see
Wine
.
Taxes
.
Tole
,
Merchants
,
Poor
,
Ways
,
Excise
,
Chimney-Money
,
Subsidies
,
Stock
,
Rates
,
Assessment
.
Ability
.
I.
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
double
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
Subsidymony
,
Justice
restored
51
,
52.
We
whose
Names
are
here
under
written
Commissioners
of
our
Soveraign
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
Majesties
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
Family
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
every
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
Borshoulders
,
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
,
commanding
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
exceeding
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
paying
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-keeper
&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
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.
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
Brewer
,
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
within
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
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
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
County
,
that
A.
B.
of
C.
in
the
County
aforesaid
Brewer
(
Innkeeper
,
Victualler
,
Retailer
of
Beer
,
Distiller
of
Strong-water
,
or
Retailer
of
Ale
,
Sider
,
Perry
,
Metheglin
,
or
Strong-water
)
hath
refused
to
permit
C.
D.
a
Gager
,
appointed
according
to
the
Statute
aforesaid
,
to
enter
into
his
House
,
Outhouse
&c.
to
Gage
or
take
account
of
his
Beer
,
&c.
yet
notwithstanding
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
Chattels
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
making
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
during
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
receive
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
under
our
Hands
and
Seals
the
10
day
of
May
&c.
XI
.
Kilb.
Precedents
139.
A
Certificate
upon
taking
the
Oath
of
Officers
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-Sessions
.
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
Justices
)
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
Return
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
therefore
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
Majesties
Goal
for
the
said
County
at
C.
in
the
County
aforesaid
.
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
Warrant
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
command
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
,
commanding
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
Mainprise
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
duties
of
Excise
.
To
T.
O.
and
J.
T.
Gent'
and
to
either
of
them
,
and
such
other
Persons
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
present
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
adjudged
that
the
several
and
respective
Persons
,
shall
for
his
and
their
seveveral
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
forfeiture
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
condemnation
)
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
Gager
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
touching
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
further
Commanded
to
dispose
of
all
such
Moneys
as
you
shall
by
virtue
hereof
levy
or
receive
,
in
such
manner
as
by
the
Laws
and
Statutes
aforesaid
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
taking
away
the
Court
of
Wards
and
Liveries
,
XV.
Dalt
.
167.
cap.
63.
Edit.
1666.
In
the
Default
of
the
Parishioners
,
Poor
.
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
,
dwelling
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
Overplus
,
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
Parishioners
,
Church-Wardens
and
Constables
that
shall
not
assess
the
Tax
imposed
upon
the
Parishioners
by
the
Justices
at
their
Easter-Sessions
towards
the
relief
of
maihmed
Souldiers
and
Mariners
,
any
Justice
of
Peace
dwelling
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
former
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
Parishes
,
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
Landlord
,
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
assessed
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
divers
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
Notabilia
,
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
complaint
to
the
Commissioners
,
and
his
Oath
taken
before
them
,
that
his
Goods
,
Coin
,
or
Debts
be
not
of
such
value
(
which
Oath
the
said
Commissioners
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
reasonable
,
having
regard
to
the
benefit
which
the
Parties
Assessed
or
charged
,
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
Burthensome
,
or
a
charge
to
the
Subject
,
when
he
shall
or
may
reap
benefit
thereby
,
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
equally
rated
upon
the
Inhabitants
,
and
levied
accordingly
,
Libr'
Sess.
Pacis
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
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
Execution
shall
be
had
,
may
Assess
and
Tax
rateably
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
Execution
was
had
,
27
Eliz.
13.
§
N.
XIX
.
Shepherds
Clerks
Cabinet
66
cap.
12.
A
Warrant
for
a
Rate
charged
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
provided
,
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
Misdemeanor
of
the
Defendant
in
a
Suit
of
Tythes
,
may
cause
him
to
be
Attached
or
Committed
to
Ward
till
he
find
Surety
unto
them
by
Recognizance
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
Ecclesiastical
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
Committed
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
,
preaching
,
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
thereof
.
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
Dominions
,
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
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
.
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
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
Obedience
,
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
Offendor
,
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
omnibus
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
confessed
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
Commission
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
,
Fishmonger
,
Innholder
,
Tipler
,
Brewer
,
Baker
,
Poulterer
,
or
other
Seller
of
Victual
,
have
not
sold
the
same
at
reasonable
prices
,
and
for
moderate
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
any
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
thereof
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
.
Vndertakers
,
-
see
Purveyance
.
Vniversities
,
-
see
Franchis
.
Vnlawful
Assemblies
,
-
see
Riot
.
Vnder-Sheriff
,
-
see
Sheriffs
.
Vnlawful
Games
,
-
see
Games
.
Vpholsters
,
-
see
Drapery
.
Vsury
.
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
dedisset
&
accommodasset
cuidam
D.E.
de
C.
predict'
in
dicto
Comitatu
Shoomaker
,
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'
20
l.
a
dicto
primo
die
Octob.
Anno
supradicto
usque
dictum
primum
diem
Aprilis
tunc
proximè
sequentem
qui
quidem
26
solidi
modo
&
forma
predictis
prae
manibus
capti
&
habiti
multo
excedant
&
superant
ratam
&
proportionem
decem
librarum
pro
Cent.
lib.
pro
uno
Anno
integro
accommodand'
ad
damnum
non
mediocre
ipsius
D.
E.
ac
in
contemptum
dicti
Domini
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
Reginae
Angliae
apud
Westm
'
in
Com.
Middlesex
secundo
die
Aprilis
Anno
Regni
sui
13
tent'
edit'
inter
alia
inactitat'
fuit
quod
quidam
Actus
in
Parliament
'
Domini
H.
nuper
Regis
Angliae
octavi
apud
Westm
'
predict'
Anno
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
corruptarum
bargainae
accommodationis
Exchambij
Chevansy
Cautelae
sive
Interesse
aliquarum
Merchandizarum
Mercium
aut
alicujus
alius
rei
sive
aliquarum
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
unius
Anni
integri
de
&
pro
ejus
vel
eorum
denarijs
vel
alia
re
quae
foret
debita
pro
ejusdem
Mercibus
Merchandizis
sive
alia
re
vel
rebus
ultra
summam
decem
librarum
pro
Centum
libris
&
sic
secundum
ratum
illum
,
&
non
ultra
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
Mercium
Merchandizarum
&
alius
rei
vel
rerum
sic
barganizat'
vendit'
Exchambiat'
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
esset
dict'
Domino
Regi
&
altera
medietas
illi
vel
illis
qui
pro
eadem
prosequerentur
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
predict'
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.
Vtlary
.
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
utlagentur
.
2.
It
followeth
,
that
in
all
Cases
of
Endictments
,
if
the
Party
be
retorned
insufficient
,
the
Process
of
Utlary
lyeth
against
the
Offender
,
if
he
be
not
taken
before
,
or
do
not
otherwise
offer
and
yield
himself
.
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
against
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
County
.
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
Justice
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
either
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
Moneys
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.
Justices
.
II.
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
commodious
than
the
old
,
14
H.
8.
6.
§
N.
Crompt.
198
b.
Justices
.
III.
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
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
20
days
next
after
lawful
demand
of
the
same
by
such
Officer
.
Bridges
.
IV.
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
amendment
of
the
same
,
Crompt
.
200
b.
22.
H.
8.
5.
Nusans
.
V.
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
thereof
,
13
Ed.
1.
St.
2
cap.
5.
§
1.
N.
1.
Winch.
Constables
.
VI.
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
,
Underwood
,
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.
Bridges
.
VII
.
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.
Overseers
.
2.
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.
T●xes
.
3.
And
if
any
Person
having
a
Plowland
in
Tillage
or
Pasture
,
or
keeping
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
,
Words
.
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
,
Forfeiture
.
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.
Justices
.
In
some
Cases
therefore
these
Justices
of
Peace
may
hear
one
another
,
for
every
Justice
of
the
Peace
may
upon
his
proper
knowledge
,
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.
Process
.
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
Amendment
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
,
Justices
.
enquire
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.
Reparation
.
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
valde
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
vicinorum
&
compatriatarum
in
dicto
Comitat'
habitantium
quorum
interest
ratione
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
consuetudine
reficere
&
reparare
debent
aut
consueverunt
,
9
H.
3.
15.
22
H.
8.
5.
XII
.
Lamb.
Precedents
20.
pl.
55.
Laborers
.
An
Endictment
for
not
working
upon
the
High-ways
.
Kent
ss.
Laborers
.
Juratores
pro
Domino
Rege
super
Sacrament'
suum
presentant
quod
ubi
die
Martis
in
septimana
Paschae
ultim'
preterit'
scil.
7.
die
mensis
Aprilis
Anno
Regni
Domini
nostri
Jacobi
&c.
A.
B.
tunc
Constabularius
Villae
de
C.
in
dicto
Com.
&
D.E.
&
F.G.
tunc
Guardiani
Ecclesiae
parochialis
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
Mercatorijs
ad
Villas
Mercatorias
,
ac
etiam
tunc
ibidem
Nomina
verunt
&
appunctuaverunt
sex
dies
,
viz.
1
,
2
,
3
,
4
,
5
,
6.
dies
mensis
Maij
tunc
proximè
sequent'
pro
dicta
emendatione
dictarum
Viarum
&
nominatim
pro
emendatione
illius
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
dicta
Ecclesia
Parochiali
:
Quid
am
tamen
T.
W.
tunc
&
ad
huc
Parochiani
de
C.
predicta
in
Com.
predict'
existens
ac
tunc
habens
&
occupans
in
dicta
Parochia
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
instructum
Anglice
dictum
,
A
Wain
or
Cart
furnished
,
equis
bobus
aut
alijs
animalibus
&
necessarijs
secundum
morem
Patriae
ibidem
nec
ullus
habiles
homines
erga
emendationem
&
reparationem
dictarum
viarum
aut
earum
aliquam
sive
aliquam
inde
percellam
sed
inde
tunc
ibidem
voluntarie
fecit
defaltam
in
dicti
Domini
Regis
contemptum
ac
contra
formam
diversorum
Statutorum
in
hujusmodi
casu
provisorum
&
editorum
,
West
.
Symb.
2
part
133
b.
Sect.
218.
Reparation
.
XIII
.
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
Episcopi
Cestriae
,
ibidem
est
ruinosa
pro
defectu
reparationis
paviament'
ibidem
ad
grave
&
commune
nocument'
populi
Domini
Regis
&
quod
predict'
Episcopus
debet
facere
&
reparare
predict'
paviament'
ex
suis
proprijs
expensis
&
juxta
formam
Statut'
&c.
Reparation
.
XIV
.
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
&
Commune
Nocumentum
populi
Domini
Regis
:
Et
quod
Dominus
Episcopus
Cestriae
&
Guardiani
Ecclesiae
Parochialis
beatae
Mariae
Virginis
de
S.
predict'
pro
tempore
Existent'
debent
reparare
sustentare
&
manutenere
predict'
Pontem
ex
suis
proprijs
Custagijs
&
expensis
,
viz.
predict'
Episcopus
ex
parte
occidentali
ejusdem
Pontis
&
prefati
Guardiani
ex
parte
orientali
.
XV.
West
.
Symb.
2.
part
,
156.
Sect.
347.
Nusance
.
An
Endictment
for
stopping
and
inclosing
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
jacet
in
vico
vocat'
&c.
&
extendit
se
usque
Regiam
viam
apud
Hospitalem
Sancti
Cornelij
,
ita
quod
homines
neque
pedestres
neque
equestres
per
predictam
viam
transire
possunt
&
quod
predicta
via
debet
&
a
tempore
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.
Officers
.
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
County
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
default
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
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
(
viz.
two
Justices
)
Hands
and
Seals
the
10
day
of
&c.
Anno
&c.
XVII
.
Kilb.
Precedents
154.
Taxes
.
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
appeareth
unto
us
that
the
several
Persons
here
under
named
,
have
not
paid
unto
you
the
several
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
therefore
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.
Laborers
.
XVIII
.
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
County
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
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
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
Statute
aforesaid
,
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.
in
the
year
,
&c.
-
A.
B.
of
C.
one
day
10
s.
-
C.
D.
of
H.
two
days
20
s.
&c.
Laborers
.
XIX
.
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
County
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
nevertheless
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
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
Neglect
,
according
to
the
Statute
aforesaid
,
rendring
to
the
Parties
so
Distrained
the
Overplus
,
if
any
be
,
and
that
you
do
employ
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
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.
Common
.
A
Licence
to
dig
in
another
Parish
for
Materials
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
within
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
Common
of
any
Parish
,
Town
,
Village
,
or
Hamlet
Neighbouring
to
the
Parish
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.
Dammages
.
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
within
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.
Account
.
A
Warrant
against
Surveyors
for
not
accounting
,
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
touching
their
said
Office
,
as
by
the
Statute
in
that
behalf
lately
made
,
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
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.
Account
.
XXIII
.
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
County
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
retorned
or
paid
to
the
next
Surveyors
,
or
either
of
them
,
as
by
the
said
Statute
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
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
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
;
hereof
fail
not
at
your
perils
.
Given
under
our
Hands
and
Seals
the
10
day
&c.
Anno
&c.
Approvement
.
XXIV
.
Crompt
.
257.
a.
b.
pl.
84.
An
Indictment
for
inclosing
a
Common
High-way
,
supra
.
Staff
.
ss.
Inquiratur
pro
Domino
Rege
si
E.S.
nuper
de
W.
in
Com.
predict'
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
custodit
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
Regis
&c.
Reparation
.
XXV
.
Crompt
.
264
b.
pl.
101.
A
Presentment
for
a
Bridge
in
decay
.
Staff
.
ss.
Juratores
pro
Domino
Rege
super
Sacrament'
suum
presentant
&c.
quod
quidam
Pons
situat'
super
aquam
de
Trent
in
Parochia
de
Newark
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
facere
reparare
&
emendare
debet
&
quod
idem
Dominus
Rex
&
omnes
Progenitores
sui
ac
omnes
alij
quorum
Status
ibidem
Dominus
Rex
modo
habet
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.
Approvement
.
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
,
Reparation
.
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.
Taxes
.
3.
Also
concerning
the
Causey
neer
Cambridge
,
called
Dr.
Harveys
Causey
(
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
,
Taxes
.
if
one
occupieth
a
Plow-land
in
Pasture
,
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
Statute
seem
to
charge
him
,
18
Eliz.
10.
§
N.
Rast.
Entr.
199.
Taxes
.
XXVIII
.
Kilb.
Precedents
229.
A
Warrant
to
Collect
the
Tax
for
repairing
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
specified
,
and
that
you
do
pay
the
same
unto
R.T.
whom
we
(
viz.
four
Justices
,
Quorum
unus
)
have
appointed
General
Receiver
of
the
Moneys
raised
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
neglecting
,
with
all
convenient
speed
,
to
the
end
that
such
further
proceeding
may
be
had
thereupon
as
to
Justice
doth
appertain
:
Given
under
our
Hands
and
Seals
the
10
day
&c.
Anno
&c.
Taxes
.
XXIX
.
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
therefore
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
,
unless
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
forthwith
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
appointed
;
hereof
fail
not
at
your
perils
.
Given
under
our
Hands
and
Seals
at
D.
&c.
the
10.
day
&c.
Anno
&c.
Charity
.
XXX
.
Crompt
.
200
b.
the
Bishop
and
his
Chancellor
and
three
Justices
of
the
Peace
have
Power
to
Examine
how
Mony
,
or
other
Relief
appointed
by
King
,
H.
8.
or
by
any
other
,
to
the
use
of
Poor
,
or
to
the
Amendment
of
High-ways
or
Bridges
,
is
bestowd
,
and
to
call
to
account
the
detainors
thereof
,
14
Eliz.
5.
§
N.
Reparation
.
XXXI
.
Crompt
.
J.
P.
82.
Enquiry
at
Sessions
of
Common
Bridges
decayed
,
whither
any
ought
to
repair
them
by
Prescription
,
or
by
their
Tenure
,
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
Pasture
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
Amendment
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
Carriages
,
but
shall
send
two
able
Men
for
every
Carriage
so
spared
to
labor
,
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
lawful
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.
Guns
.
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
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
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
seemeth
,
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
Powder
and
a
Pellet
at
a
Coney
,
in
a
certain
place
in
C.
within
the
said
County
,
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
manifestly
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
manner
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
Moiety
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
existent'
in
quodam
loco
ibidem
vocat'
C.
Sagittantem
&
exonerantem
dictum
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
Justiciariorum
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
aliqui
alij
ad
usum
ejusd'
J.
S.
haberent
terras
tenement'
feoda
Annuitates
aut
Officia
ad
clarum
Annuum
valorem
100
l.
in
Tormento
predict'
modo
&
forma
predict'
sagittasset
contra
formam
Statut'
predict'
ego
prefat'
J.
L.
prenominat'
J.
S.
die
&
Anno
supradict'
proximae
Goalae
dict'
Domini
Regis
apud
M.
in
Com.
predict'
de
transgressione
predict'
coram
me
Convictum
Commisi
,
ibidem
moraturum
quousque
paenam
&
forisfacturam
decem
librarum
legalis
monetae
Angliae
vere
solveret
,
viz.
unam
medietatem
inde
dicto
Domino
Regi
&
alteram
medietatem
inde
dictis
A.
B.
&
C.
D.
primo
ejusdem
J.
S.
coram
me
ductoribus
&
quorum
omnium
fidem
&
testimonium
ego
prefat'
J.
L.
hiis
presentibus
sigillum
meum
appofui
.
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
Parliament'
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
Tormento
infra
Civitat'
vel
Villam
ad
aliquam
volucrem
sive
aliam
metam
super
Ecclesiam
Domum
aut
Columbar'
neque
quod
aliqua
persona
sagittaret
in
aliquo
loco
,
aliquam
sagittationem
vocat'
Hailshot
,
aut
plures
glandines
plumbeas
quam
unam
uno
tempore
sub
paena
forisfact'
10
libr'
pro
quolibet
tempore
in
quo
ipse
contra
Statut'
predict'
delinqueret
&
imprisonament'
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
contra
Pacem
dictae
Dominae
Reginae
nunc
Coron'
et
Dignitatem
&c.
7.
Crompt
.
94.
See
43
Eliz.
3.
How
Souldiers
and
Mariners
,
Poor
.
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.
Justices
.
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
,
Guns
.
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
Marcarum
et
amplius
ultra
omnes
reprisas
habuerit
ac
tenuerit
,
idem
tamen
A.
B.
per
totum
tempus
predict'
viz.
a
dicto
primo
die
Junij
Anno
supradict'
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
.
Wax
.
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
other
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
Merchant
,
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
.
Wine
.
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
seemeth
,
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
Corporate
,
but
by
Licence
of
the
Justices
of
Peace
in
open
Sessions
by
writing
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
recovered
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
,
cannot
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
Commissioners
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
(
Vnder-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
before
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
;
hereof
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
every
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
Vnderwood
,
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
wheresoever
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
Apprehended
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
Vnderwood
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
cutting
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
misdemeanors
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
therefore
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
committed
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
Parliament
lately
made
,
Intituled
(
An
Act
for
the
punishment
of
unlawful
cutting
or
stealing
or
spoiling
of
Wood
and
Vnderwood
,
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
Constable
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
Precedent
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
forasmuch
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
,
Commanding
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
punishment
of
unlawful
cutting
or
stealing
or
spoiling
of
Wood
and
Vnderwood
,
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
value
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
Vnderwood
,
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
,
according
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
Command
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
levied
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
County
.
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
Borsholders
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
.
Given
under
my
Hand
and
Seal
the
10
day
&c.
Anno
&c.
Women
.
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
cujusdam
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
contra
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'
insultum
fecit
ac
tunc
&
ibidem
eandem
A.
contra
voluntatem
ipsius
A.
felonicè
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.
predict'
in
Com.
predict'
Viduae
,
infra
Parochiam
de
C.
predict'
in
Com.
predict'
intravit
,
quae
quidem
H.
B.
tunc
seisita
fuit
in
Dominico
suo
ut
de
feodo
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
existent'
ex
dicta
Domo
sua
Mansionali
contra
voluntatem
ipsius
H.
B.
illegitimè
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
extractionis
&
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
Statuti
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
voluntatem
suam
,
&
si
aliquis
h●c
fecerit
,
ad
sectam
illius
qui
hoc
sequitur
infra
40
dies
Dominus
Rex
sibi
faciet
Communem
Justitiam
:
&
si
nullus
Incipiat
sectam
in
hac
parte
infra
40
dies
Dominus
Rex
sequetur
&
illi
qui
invent'
fuerint
culpabiles
habeant
Prisonam
duorum
Annorum
&
postmodum
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
contra
formam
Statuti
predict'
ac
contra
Pacem
&c.
V.
Dalt
.
268.
269
cap.
104.
Note
,
That
a
Woman
Convicted
of
or
for
felonious
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
being
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
.