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<DATE>2011-07-21</DATE>
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<NAME>Lauren Proux</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A New SURVEY OF THE Ju&s;tice of Peace HIS OFFICE.</P>
<P>Wherein is briefly, yet clearly opened the &s;everall Parts thereof: And what one, or more Ju&s;tices of Peace may do therein, in, or out of the Se&s;&s;ions of the Peace, by all the Laws made to this Day; and now in force.</P>
<P>With the Names, or Times, of the Statutes, Acts, and Ordinances them&s;elves, relating to this Office.</P>
<P>Alphabetically &s;et down under apt Titles.</P>
<P>By <HI>W. S.</HI> Serjeant at Law.</P>
<P><HI>LONDON:</HI> Printed by <HI>J. S.</HI> and are to be &s;old in <HI>Fleet-&s;treet,</HI> the <HI>Temple,</HI> and <HI>Holburn. 1659.</HI></P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2" MS="y">
<HEAD>To the READER.</HEAD>
<OPENER><SALUTE>Courteous Reader,</SALUTE></OPENER>
<P>THere is a little Piece on this Sub|ject made by one (as I am informed) That is dead, of which there hath been &s;everal Edi|tions:
<PB REF="3"> And being ear|ne&s;tly Intreated to make &s;ome Additions to it, e&s;pecially of the <HI>New Lawes</HI> that hath come forth &s;ince <HI>that time;</HI> The which while I con|&s;idered thereon, I con|cluded within my &s;elf, That the Labour would not be much more to make a <HI>New Book,</HI> by way of an <HI>Abridge|ment,</HI> to all the Larger Volumes: For the
<PB REF="3"> Office of a <HI>Ju&s;tice</HI> of <HI>Peace</HI> being Large, and the Books that have been writ on that Sub|ject &s;o numerous, that tho&s;e who have much other bu&s;ine&s;&s;e Incum|bent on them, will not have lei&s;ure to read tho&s;e Larger Treati|&s;es. There are &s;ome things very ob&s;cure, Therefore I have di|ge&s;ted this &s;mall Piece for a more Compendious
<PB REF="4"> and plain help therein, Ob&s;erving this Method in it, That in things which happen but &s;el|dome, I am very &s;hort, and do only refer to the Lawes them&s;elves that give directions about them; But in tho&s;e things that are Common, and of daily u&s;e to the <HI>Ju&s;tices</HI> of <HI>Peace,</HI> I am more Exact, and Full. At the latter end of this Work, you &s;hall meet
<PB REF="4"> with Certain Que&s;tions and their An&s;wers; which will be of very great Concernment and u&s;e. And &s;o I &s;hall &s;end this among&s;t you, after the re&s;t of my former Pieces, and de&s;ire to continue</P>
<CLOSER><SIGNED>Your true Friend, W. S.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<DIV2 N="1" TYPE="chapter">
<PB REF="5">
<PB N="1" REF="5">
<HEAD>CHAP. I. Of &s;ome things nece&s;&s;ary to be known for the better under|&s;tanding of this Work.</HEAD>
<P>FOr the better under&s;tanding of this whole WORK, we mu&s;t know,</P>
<P N="1">1. That which we &s;hall do in this whole Work, is, 1. To &s;ay a little to the general power of the Ju&s;tices of the Peace. 2. To &s;hew what the Ju&s;tices of Peace may do out of the Se&s;&s;ions of the Peace. 3. What they may do in their Se&s;&s;ions of the Peace. 4. What they may do, in or out of the Se&s;&s;ions of the Peace. 5. What they may not do, in or out of the Se&s;&s;ions of the Peace.</P>
<P N="2">2. By that which we &s;ay may be done by one Ju&s;tice of the Peace, we inteud that it may al&s;o be done by two or more Ju&s;tices of the Peace. And &s;o by that which may be done by two, that it may al&s;o be done by three or more Ju&s;tices of the Peace.</P>
<P N="3"><PB N="2" REF="6">3. Where we &s;ay, A thing may be done by two or more Ju&s;tices; there it can|not be done by fewer then that num|ber.</P>
<P N="4">4. When we &s;ay, That it is requi&s;ite to the doing of a thing by the Ju&s;tices, that one or two of them that do it, be of the <HI>Quorum,</HI> then it cannot be done by others.</P>
<P N="5">5. Where we &s;ay, That one or more Ju&s;tices of the Peace may do a thing, we do hereby intend al&s;o, that he or they ought, and it is his or their duty, to do it. And it may be expected from him or them if it be required; and he or they may in one way or other be blamed for his or their not doing of it. And where|in we &s;ay, He is commanded, or ought to to do, or mu&s;t do, or is to do, &s;uch a thing; by this we intend al&s;o, That he may and hath power to do the &s;ame thing.</P>
<P N="6">6. Where we &s;ay, One, or two Ju&s;tices may do a thing, and do not adde, (and one of them of the <HI>Quorum),</HI> there we intend, that any Ju&s;tices, whether of the <HI>Quorum,</HI> or not of the <HI>Quorum</HI> may do it.</P>
<P N="7">7. Where we &s;ay, Ju&s;tices of Peace have power to do a thing; there we in|tend, That not onely the Ju&s;tices of the Peace of Counties, have power to do the <NOTE PLACE="marg">Mayors, Bayliffs, &amp;c.</NOTE> &s;ame thing within their Counties; but that Mayors, and other Head-Officers
<PB N="3" REF="6"> al&s;o that are Ju&s;tices of the Peace within Cities, &amp;c. may do the &s;ame thing within their Cities, &amp;c.</P>
<P N="8">8. Where we &s;ay, The Conviction is <NOTE PLACE="marg">Conviction. Confe&s;&s;ion.</NOTE> to be by the Confe&s;&s;ion of the party, or by Confe&s;&s;ion onely; by this we mean, the Confe&s;&s;ion of the party offending. Where we &s;ay, It is to be by view; by <NOTE PLACE="marg">View.</NOTE> this we mean the view, or &s;ight of the Ju&s;tice of the Peace him&s;elf. Where we &s;ay, the Conviction mu&s;t be by proof of Witne&s;&s;e, we do not intend by this, <NOTE PLACE="marg">Witne&s;&s;e.</NOTE> that it mu&s;t be by proof of Witne&s;&s;e upon Oath; unle&s;&s;e we &s;o expre&s;&s;e it.</P>
<P N="9">9. Where we &s;peak of a Warrant, <NOTE PLACE="marg">Warrant.</NOTE> that the Ju&s;tice or Ju&s;tices of the Peace may make; and &s;ay not, what kind of Warrant, or to whom it &s;hall be direct|ed, we do generally intend a Warrant in Writing under the hand and &s;eal of the Ju&s;tice or Ju&s;tices of the Peace. And that it be directed to the Con&s;table, Tything-man, or other Officer of the place. And where we &s;ay, That the warrant is to be &s;ent to the Con&s;table, and no more, we do by this generally intend the Con&s;table of the place where the offender dwells.</P>
<P N="10">10. Where we &s;peak of &s;ale of goods, <NOTE PLACE="marg">Rendring, &amp;c.</NOTE> rendring, &amp;c. and &s;ay no more, we do by this intend, That the Officer is to prze and &s;ell the goods Di&s;trained, and
<PB N="4" REF="7"> to keep up &s;o much of the money as the Forfeiture is, and return the overplus to him that did owe the goods.</P>
<P N="11">11. Where we &s;ay, Levied by his or <NOTE PLACE="marg">His or Their.</NOTE> their Warrant, we do intend hereby the Warrant of the Ju&s;tice or Ju&s;tices of the Peace.</P>
<P N="12">12. Where we &s;ay, The Ju&s;tices <NOTE PLACE="marg">Where &amp;c.</NOTE> where, &amp;c. or the poor where, &amp;c. and no more, we do hereby intend, the Ju&s;ti|ces of the County, or the poor of the place where the offence is committed. But where we &s;ay, the Ju&s;tices or the Poor, where or where, &amp;c. by this we <NOTE PLACE="marg">Where or where, &amp;c.</NOTE> do generally intend, that the ca&s;e is &s;uch, That the Warrant mu&s;t be penned and directed according to the Act which &s;ometimes is meant of the Ju&s;tices of the County, and poor of the place where the offender doth live, or is fir&s;t apprehend|ed. And &s;ometimes where the offender doth live, or the offence is done. In this ca&s;e the Statute mu&s;t be looked in|to.</P>
<P N="13">13. Where we &s;ay, That the For|feiture &s;hall go to the u&s;e of the poor, <NOTE PLACE="marg">Poor.</NOTE> &amp;c. and &s;ay not what poor; we do ge|nerally intend the poor of the place where the offence is committed.</P>
<P N="14">14. Where we &s;ay an offender is to be puni&s;hed, to be convicted, or the penal|ty <NOTE PLACE="marg">Before, or In the la&s;t.</NOTE> levied, or the offender di&s;abled, &amp;c. <HI>[as before, or as in the la&s;t];</HI> we do by
<PB N="5" REF="7"> this intend, that the proceeding again&s;t the offender is in that offence, as it is di|rected to be done for that offence which went la&s;t before it.</P>
<P N="15">15. Where we &s;et down times of the Kings and Queens; as 1 <HI>Iac.</HI> 27. 43 <HI>Eliz.</HI> 2. and times of the year of the Lord; as 6 April, 1654. and the like; By this we mean the Acts and Ordinan|ces of Parliament &s;et forth in tho&s;e dayes and times, which by &s;earch may by this light be found out.</P>
<P N="16">16. Where the Ju&s;tice doth intend to act any thing upon any one Head, our advice is, that he read it through before he do it.</P>
</DIV2>
<DIV2 N="2" TYPE="chapter">
<PB N="6" REF="8">
<HEAD>CHAP. II. Of the Power of Iu&s;tices of the Peace in the general.</HEAD>
<P>AS to this Point, Of the Power of the Ju&s;tices of the Peace in general, the&s;e things are to be known:</P>
<P N="1">1. That the Power that the Ju&s;tices <NOTE PLACE="marg">How deri|ved to them.</NOTE> of the Peace have, is given to them partly by, and from the Commi&s;&s;ion of the Peace, and therein by the Common Law. And partly, by certain Acts and Ordinances of Parliament. And &s;ome of it is conver&s;ant about Criminal mat|ters for the re&s;traint, and puni&s;hment of divers offences. Some of it is about other things nece&s;&s;ary to be done in the Common-wealth, and for the better or|dering of the County; as for the ma|king of Officers, &s;ettling of Rates, and the like. By their Commi&s;&s;ion of the Peace, they are authorized to look to the Peace of the County, to puni&s;h accord|ing to the Law tho&s;e that break it, re|quire and take Surety of the Peace of all &s;uch as threaten hurt to others in their bodies, or to burn their hou&s;es, and &s;end to Gaol &s;uch as refu&s;e to give Sure|ty. And to puni&s;h many offences tend|ing to the breach of the Peace. Some
<PB N="7" REF="8"> offences that are offences by the Com|mon-Law, and &s;ome by the Acts and Ordinances of Parliament. Some of which Acts and Ordinances have made new offences, and have given the Ju&s;ti|ces power to puni&s;h them. And &s;ome of the&s;e al&s;o give them power to puni&s;h offences that were offences by the Com|mon-Law in a higher degree, or in a greater mea&s;ure than they were puni&s;h|ed before by the Common-Law.</P>
<P N="2">2. This power is over all per&s;ons <NOTE PLACE="marg">Over whom it is.</NOTE> within the County, Except their Fellow-Ju&s;tices, and the per&s;ons that live in &s;uch places within the County, that are exempt, having Ju&s;tices within them|&s;elves.</P>
<P N="3">3. This power the Ju&s;tice of Peace may exerci&s;e and execute, part of it, as <NOTE PLACE="marg">What they may do out of their county.</NOTE> to take Informations again&s;t offenders, to prove offences done in the County where they are committed, or to take the Oath of a man robbed, whether he know the parties that robbed him or not; or to take a Recogn<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;ance by <HI>Supplicavit,</HI> or the like, in any place out of his County; where al&s;o he may take a Recognizance to pro&s;ecute, if any man will voluntarily give it. But he cannot exerci&s;e any co|ercive power; as to commit a Felo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, make an order, about a Ba&s;tard, comm<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t to pri&s;on for any offence, or the like in any place out of his own County, whe<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e|in
<PB N="8" REF="9"> he is Ju&s;tice of Peace. <HI>Hellier's</HI> Ca&s;e. 7. <HI>Car. B. R.</HI> Sir <HI>George Croke</HI> Report. 153.</P>
<P N="4">4. Some of the&s;e things wherein they <NOTE PLACE="marg">Where it is to be Acted.</NOTE> have Conu&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">nce, may be done out of, and &s;ome of them mu&s;t be done in, the Se&s;|&s;ions of the Peace for the County, and cannot be done el&s;ewhere.</P>
<P N="5">5. That which is to be done in the <NOTE PLACE="marg">What they may do to|gether, and a&s;under.</NOTE> Se&s;&s;ions of the Peace, may generally be done by two Ju&s;tices of the Peace, one of them being of the <HI>Quorum.</HI> But there are &s;ome few things by certain Acts of Parliament that cannot be done there but by more then two Ju&s;tices.</P>
<P N="6">6. The things to be done out of the Se&s;&s;ions, may &s;ome of them be done by one, &s;ome by two, and &s;ome by more Ju&s;tices of the Peace, and cannot be done by &s;ewer.</P>
<P N="7">7. Where &s;ewer Ju&s;tices of Peace in or out of the Se&s;&s;ions have power to do a thing, there regularly more Ju&s;tices of the Peace may do the &s;ame thing in the &s;ame way, and in the &s;ame place. Yet &s;ee Chap. 7. Sect. 6. Numb. 30.</P>
<P N="8">8. That which one, two, or three Ju&s;tices of the Peace may do out of the Se&s;&s;ions of the Peace, regularly, the &s;ame thing in the &s;ame (but not in ano|ther) way, may by the &s;ame number of
<PB N="9" REF="9"> Ju&s;tices of the Peace, be done within the Se&s;&s;ions of the Peace.</P>
<P N="9">9. Where a thing is <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> be done by the Ju&s;tices, with the a&s;&s;ent of others, nei|ther of them alone without the other may do this thing.</P>
<P N="10">10. What a private man, or Inferiour Officer of the Peace may do, in order to the keeping of the peace; that doubtle&s;&s;e a Ju&s;tice of Peace may do.</P>
<P N="11">11. Any one Ju&s;tice of Peace in the execution of his Office; as to apprehend <NOTE PLACE="marg">Po&s;&s;e Comi+tatus.</NOTE> Felons, keep the peace, or the like, may require the A&s;&s;i&s;tance of what able men he plea&s;eth. And tho&s;e required, mu&s;t a&s;&s;i&s;t him; or they may be puni&s;hed for Refu&s;al.</P>
<P N="12">12. For any thing the Ju&s;tices do out of the Se&s;&s;ions, they are liable to a &s;uit for the &s;ame, as another man is. But for &s;uch Acts as are done in a Se&s;&s;ions way, as Acts of the Court, they are not liable to a Suit. But any man that is grieved thereby, may upon his Appeal to the Upper-Bench, have Relief there, and avoid &s;uch Acts.</P>
<P>But we &s;hall open this Power now by the particulars thereof. And fir&s;t in what they may do out of, and then in
<PB N="10" REF="10"> what they may do in their Se&s;&s;ions of the Peace. And fir&s;t of the fir&s;t.</P>
</DIV2>
<DIV2 N="3" TYPE="chapter">
<HEAD>CHAP. III. Of the Power of one or more Iu&s;tices of the Peace out of the Se&s;&s;ions.</HEAD>
<DIV3 N="1" TYPE="section">
<HEAD>SECT. 1. About Armour; and Armed Men.</HEAD>
<P>AS to Armour and Armed-men, the&s;e things are to be known:</P>
<P N="1">1. That any one Ju&s;tice of Peace, if he &s;ee men go, or ride armed in an unu&s;ual way, (with &s;ecret Coats of Maile, Daggs, Pi&s;tols, or the like) by day, or by night, to the terrour of the people; he may, if he think fit, and ought (if he judge it nece&s;&s;ary to be done) to cau&s;e them to be di&s;armed, im|pri&s;oned, and bound to the Peace. But <NOTE PLACE="marg">Sheriff's Souldiers.</NOTE> Souldiers, and Officers, in the doing of Ju&s;tice, may go armed, and are not to be interrupted. Upon Stat. of <HI>North|hampton.</HI> 2. <HI>Ed.</HI> 3.</P>
<P N="2">2. Any Ju&s;tice may (if he &s;ee cau&s;e) cau&s;e to be di&s;armed any man that is brought before him upon any Su&s;pition of Crime.</P>
<P N="3"><PB N="11" REF="10">3. If any man keep in his hou&s;e, car|ry in his Journey, or do &s;hoot in any <NOTE PLACE="marg">Guns.</NOTE> Gun, Cro&s;&s;e-bow, Stone-<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ow, or Pi&s;tol, contrary to 33 <HI>H.</HI> 8. 6. And another man &s;hall according to that Act bring him before a Ju&s;tice of Peace; The Ju|&s;tice of Peace may by that Law, upon examination of the offender him&s;elf, and proof of Witne&s;&s;e, commit the offender to Goal, till he pay the penalty of 10 l. <NOTE PLACE="marg">E&s;cheat:</NOTE> And this fine the Ju&s;tice is to extreat and &s;end into the Exchequer. But if any <NOTE PLACE="marg">Caution to Iu&s;tices.</NOTE> Ju&s;tice &s;hall re&s;olve upon the doing of any thing, upon this Branch, our Coun|&s;el is, that he do it by very good advice; e&s;pecially in ca&s;e where the offender doth deny the matter of Fact.</P>
<P N="4">4. For the di&s;arming of Recu&s;ants, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ee <HI>Recu&s;ants.</HI> Sect. 45. of this Chap|ter.</P>
</DIV3>
<DIV3 N="2" TYPE="section">
<HEAD>SECT. 2. About Baile or Bailment.</HEAD>
<P>AS to this, the&s;e things are to be known:</P>
<P N="1">1. Any one Ju&s;tice of Peace may <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ad or deliver out of pri&s;on, any p<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">&s;oner that is a pri&s;oner for any offence within the Connu&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">nce of the Ju&s;tices of the Peace, and that is baylable by the Law;
<PB N="12" REF="11"> as, where a man is arre&s;ted on a Se&s;&s;ions proce&s;s for Tre&s;pa&s;&s;e, or &s;uch like thing. But no one Ju&s;tice may bayl a man in <NOTE PLACE="marg">Felonie.</NOTE> pri&s;on on a &s;u&s;pition of Fclony, or grea|ter Crime. 3 <HI>Ed.</HI> 1. 15.</P>
<P N="2">2. But there mu&s;t be two or three Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> to Bayl &s;uch as are in pri&s;on upon a &s;u&s;picion of Felony. And they two mu&s;t be together when they do it. And before they do it, they mu&s;t take the Examination of the pri&s;oner in writing. And this Examination, with the Bayl and Recognizances for the appea|rance of the Witne&s;&s;es, they mu&s;t cer|tifie to the next Gaol-delivery; or they <NOTE PLACE="marg">Certificate.</NOTE> may be fined by the Judges. And &s;o they may be, for bayling a man not <NOTE PLACE="marg">caution to Iu&s;tices.</NOTE> bailable. 2 <HI>Mar.</HI> 13. 3 <HI>H.</HI> 7. 3.</P>
<P N="3">3. No Ju&s;tices may bayl one in pri&s;on for Trea&s;on, or for the death of a man, or for any great offence, in ca&s;e where he doth confe&s;&s;e the offence, and the <HI>Mit|timus</HI> of the Ju&s;tice or Ju&s;tices of Peace by which he is &s;ent to Gaol, doth &s;o ex|pre&s;&s;e it.</P>
<P N="4">4. No Ju&s;tice may bayl a pri&s;oner in any ca&s;e, where any Law doth expre&s;ly forbid the taking of Bayl in that ca&s;e. 1 &amp; 2 <HI>Ph.</HI> and <HI>M.</HI> 13.</P>
<P N="5">5. Where any Statute doth appoint
<PB N="13" REF="11"> the Bail to be taken by more Ju&s;tices then one; there no one Ju&s;tice may bayl the pri&s;oner. 3 <HI>H.</HI> 7. 3. 2 <HI>Mar.</HI> 13.</P>
<P N="6">6. Where two Ju&s;tices may bayl one that hath recanted his bla&s;phemous opi|nions. See <HI>Bla&s;ph<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">my.</HI></P>
<P N="7">7. How Bayl is to be given, and the Recognizance to be given in &s;uch ca&s;es, See my Ju&s;tice of Peace Clerk's Cabi|net. Chap. 24.</P>
</DIV3>
<DIV3 N="3" TYPE="section">
<HEAD>SECT. 3. About Bargain and Sale.</HEAD>
<P>ANy one Ju&s;tice may joyn with the Clerk of the Peace, to take, and inroll a Deed of Bargain and Sale of Land acknowledged before them within &s;ix moneths. Upon 27 <HI>H.</HI> 8. 16.</P>
</DIV3>
<DIV3 N="4" TYPE="section">
<PB N="14" REF="12">
<HEAD>SECT. 4. About binding to the good Behaviour.</HEAD>
<P>AS to per&s;ons of ill Name and Fame, <NOTE PLACE="marg">Su&s;pect-Theeves.</NOTE> &s;uch as are generally &s;u&s;pected to be Theeves or Robbers, or that keep company with &s;uch men. Common Cheaters or Couzeners, that get money <NOTE PLACE="marg">Cheaters.</NOTE> by fal&s;e Tokens, fal&s;e Dice, counterfeit Letters, or the like. Common-Quar|rellers, Fighters, or Breakers of the <NOTE PLACE="marg">Common-Quarrel|lers.</NOTE> Peace. Such as are like to commit Murder, or outrage. Such as are com|mon Libellers and Slanderers. Such as <NOTE PLACE="marg">Libellers and Slan|derers. Poy&s;oners.</NOTE> are common hedge-breakers, and wood|&s;tealers. Such as endeavour to poy&s;on men, or do poy&s;on Cattel, or the like. Such as lye in wait to rob, maime, or kill men: Rioters, Common-Drun|kards, <NOTE PLACE="marg">Rioters. Drunkards</NOTE> (as &s;ome &s;ay) yet &s;ee for this, 4 <HI>Iac.</HI> 5. which as to the Drunkard makes it a little doubtfull. Lewd and incontinent per&s;ons, that either keep or <NOTE PLACE="marg">Inconti|nent per|&s;ons. Eve&s;-droppers. Barretors. Night-walkers.</NOTE> haunt Bawdy-hou&s;es. One that hath or is &s;u&s;pected to have a Ba&s;tard. Com|mon Eve&s;droppers, common Night-walkers. Common-Barrettors. Per&s;ons that live idly and into dinately, having no E&s;ture nor Calling to live by, and yet &s;pend much. Such as manife&s;t contempt
<PB N="15" REF="12"> of Magi&s;trates, and &s;uch like per&s;ons. And any one Ju&s;tice of Peace may (as it is generally held, and practi&s;ed) upon his own knowledge, and of his own head, or at the reque&s;t of others, and upon Information of Witne&s;&s;es upon Oath, as in his di&s;cretion he &s;hall judge it meet, &s;end his Warrant to apprehend them, and bring them before him, or &s;ome other Ju&s;tice of the Peace, to put in Sureties for their good Behaviour, and <NOTE PLACE="marg">Surety of the good Behaviour.</NOTE> to appear at the next Se&s;&s;ions. And if the offender be in his pre&s;ence, require him to put in &s;uch Surety as the Ju&s;tice &s;hall think meet. The which if he will not, or cannot do; the &s;ame Ju&s;tice may by his <HI>Mittimus</HI> &s;end him to the Com|mon Gaol till he &s;o do. But in all the&s;e ca&s;es it is mo&s;t &s;afe for the Ju&s;tices to go upon generals, and not upon a particular. And it is good for Ju&s;tices of the Peace to have this work (as much as may be) <NOTE PLACE="marg">Caution to the Ju&s;ti|ces.</NOTE> done upon Articles exhibited, and well proved. And before two Ju&s;tices of the Peace; and indeed mo&s;t &s;afe to do it in the publique Se&s;&s;ions. But for this, &s;ee the <HI>Books at large, and my Books of this Office,</HI> Chap 18.</P>
<P>For a Warrant for the good Beha|viour, and <HI>Mittimus</HI> to &s;end the party refu&s;ing to be bound, to the Goal, &s;ee <HI>Clark's Cabinet for Ju&s;tices,</HI> Chap. 9. Numb. 3. Chap. 25. Numb 3. Chap. 24. Numb. 17.</P>
</DIV3>
<DIV3 N="5" TYPE="section">
<PB N="16" REF="13">
<HEAD>SECT. 5. About Binding over.</HEAD>
<P N="1">1. IT is &s;aid, that in ca&s;es where a Ju&s;tice of Peace hath power given him by an Act of Parliament, to enforce a man to do a thing, and he is in his pre&s;ence, and doth refu&s;e to do it, That in this ca&s;e he may &s;end him to the Goal, or bind him over to the Se&s;&s;ions, &amp;c. And that a Ju&s;tice of Peace may bind over a man that is an offender again&s;t a penal Law, and that before he is In|dicted. But it is good to be well advi&s;ed <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> herein, before a man doth it; and to con&s;ider what he may do to the party, in ca&s;e he refu&s;e to be bound.</P>
<P N="2">2. One Ju&s;tice may bind over to the <NOTE PLACE="marg">Challenge.</NOTE> Se&s;&s;ions him that fighteth, or is about to fight a Duell. See <HI>Challenge.</HI></P>
<P N="3">3. There mu&s;t be three or more Ju|&s;tices <NOTE PLACE="marg">Depravers of the Sa|crament.</NOTE> of the Peace, and one of them of the <HI>Quorum,</HI> after examination taken again&s;t him that depraveth the Sacra|ment, to bind over the Accu&s;er and Witne&s;&s;es. Upon 1 <HI>Ed.</HI> 6. 1. See more of this in other <HI>Titles.</HI></P>
</DIV3>
<DIV3 N="6" TYPE="section">
<PB N="17" REF="13">
<HEAD>SECT. 6. About Bla&s;phemie and Here&s;ie.</HEAD>
<P>AS to him that maintaineth any of the bla&s;phemous opinions fir&s;t na|med in the Ordinance of <HI>May</HI> 2. 1648. That there is no God, or he is not pre&s;ent in all places, doth not know all things, is not Almighty, &amp;c. There mu&s;t be two Ju&s;tices of the Peace, who upon proof thereof before them by the Oath of two Witne&s;&s;es, (which the Ju|&s;tices may admini&s;ter) or the Confe&s;&s;ion of the party him&s;elf, may commit the offender to pri&s;on without Bayl, and bind over the Witne&s;&s;es to appear at the next Gaol-delivery. And &s;o likewi&s;e they may take bond, with two Sureties, Sub&s;idie|men, of the offender herein, being con|victed upon his Tryall, and having re|nounced his opinion, that he will never hold it again.</P>
<P>2. And as to the opinions la&s;tly na|med in this Ordinance, <HI>(viz.)</HI> That all men &s;hall be &s;aved, or that man by na|ture hath Free-will to turn to God, or that God may be wor&s;hipped in or by pictures, &amp;c. there mu&s;t be two Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> who upon the like Conviction as in the la&s;t, may order him to renounce
<PB N="18" REF="14"> his opinions in the Congregation whence the complaint came, or where the opi|nion was held; or if he refu&s;e &s;o to do, to &s;end him to Gaol till he give bond never to do &s;o again. But here the Ju&s;tice mu&s;t &s;ee to it, what it is that he <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> is about to puni&s;h. For it is provided by a late Act, That &s;uch as profe&s;&s;e faith in God the Father, and in Je&s;us Chri&s;t his eternal Sonne the true God, and in the holy Spirit God co-equal with the Fa|ther and the Sonne, one God ble&s;&s;ed for ever, and do acknowledge the holy Scri|ptures of the Old and New Te&s;tament to be the revealed Will and Word of God; and &s;hall in other things differ in doctrine, di&s;cipline, or wor&s;hip of God; they are not (except in ca&s;e of Popery and Prelacy) to be puni&s;hed for this, but to be protected therein from wrong or trouble in the exerci&s;e of their Religion, while they are peaceable, and do not hold &s;orth any horrible bla&s;phemy, or teach or practi&s;e licenciou&s;ne&s;&s;e or pro|phanone&s;s under the profe&s;&s;ion of Chri&s;t. So 17 Sept. 1656. <HI>the Humble Peti|tion.</HI> This Clau&s;e (it is probable) may reach to many of the things of this Rank; as that about the Directory, and <NOTE PLACE="marg">Directory.</NOTE> perhaps that of the Baptizing of In|fants, and &s;ome others. It is good for the Ju&s;tice to be well advi&s;ed therefore what he doth upon this.</P>
<P>3. And as to him that maintaineth
<PB N="19" REF="14"> any of the bla&s;phemous opinions named in the Ordinance of Parliament of the 9th of Augu&s;t, 1650. That he is a God, or is Almighty, Infinite, &amp;c. Any one Ju&s;tice of Peace may upon the proof thereof by the Oath of two Witne&s;&s;es before him, (which Oath he may give) or upon the confe&s;&s;ion of it by the party accu&s;ed, &s;end him to pri&s;on, or to the <NOTE PLACE="marg">Bridewell.</NOTE> hou&s;e of Correction for &s;ix moneths without Bayl, and untill he put in Sure|ty to be of good Behaviour for a year. <NOTE PLACE="marg">Good Be|haviour.</NOTE></P>
<P>See the <HI>cabinet for clarks.</HI> Two War|rants prepared for this Ca&s;e. Chap. 3.</P>
</DIV3>
<DIV3 N="7" TYPE="section">
<HEAD>SECT. 7. About challenges and Duells.</HEAD>
<P>AS to any that be fighting, or about to fight a Duell, and be for this brought before a Ju&s;tice of Peace: this Ju&s;tice of Peace may for this bind them <NOTE PLACE="marg">Surety of the Peace.</NOTE> to the Peace, and to appear at the next Se&s;&s;ions. And he may &s;end for the witne&s;&s;es, and bind them to appear there <NOTE PLACE="marg">Bind over.</NOTE> al&s;o. Upon Ord. June 29. 2654. Con|firmed by Act of 17 of Septemb. 1656. See Chap. 3. Sect. 5.</P>
</DIV3>
<DIV3 N="8" TYPE="section">
<PB N="20" REF="15">
<HEAD>SECT. 8. About Cheaters, or confiners.</HEAD>
<P>AS to him that is a common Chea|ter, by fal&s;e Letters, Tokens, Dyce, or otherwi&s;e, e&s;pecially if he be idle, and go about and make a Trade of Cozening; the&s;e things are to be known:</P>
<P N="1">1. That any one Ju&s;tice of Peace up|on his own knowledge, or proof thereof before him, by the Oaths of credible witne&s;&s;s, may (as &s;ome &s;ay) put him to give Surety for the good Behaviour, and <NOTE PLACE="marg">Good Be|haviour.</NOTE> to appear at the next Se&s;&s;ions; or if he refu&s;e, &s;end him to Goal for it.</P>
<P N="2">2. But there mu&s;t be two Ju&s;tices (and one of them of the <HI>Quorum)</HI> to call in, examine, and bind over to the <NOTE PLACE="marg">Bind over.</NOTE> Se&s;&s;ions; or if they refu&s;e, &s;end to Goal &s;uch as by colour of fal&s;e Tokens, or <NOTE PLACE="marg">Counter|feit To|kens.</NOTE> fal&s;e Letters in other mens names, &s;hall compa&s;&s;e and get into their hands, the money or goods of other men. Upon 33 <HI>H.</HI> 8. 1.</P>
<P N="3">3. If a man live at a high Rate, and great expence, having no vi&s;ible E&s;tate or Calling to an&s;wer it, and make it his Trade and Livelihood to cheat, deboi&s;t, cozen and deceive the young Gentry and others; Any one Ju&s;tice of Peace may
<PB N="21" REF="15"> by Warrant under his hand and &s;eal &s;end for him, and warn him to come before him; and being before him, may require of him &s;ufficient Sureties for his Appearance at the next Quarter-Se&s;|&s;ions, and for his good Behaviour; and if he refu&s;e, &s;end him to Goal till he do &s;o. Upon the New Act. 17 Sept. 1656. But how the Ju&s;tice &s;hall take Conu|&s;ance of this offence, except he come be|fore him, by this Law, I know not. Therefore it is be&s;t, in this ca&s;e, for him to proceed upon his general power at the Common Law, and by the Com|mi&s;&s;ion of the Peace, &s;o to take Infor|mations again&s;t him upon Oath. And if he find him to be &s;uch a man, to bind him to the good Behaviour, and to ap|pear at Se&s;&s;ions. And this is the &s;ame remedy in effect, as that which the Sta|tute doth pre&s;cribe.</P>
</DIV3>
<DIV3 N="9" TYPE="section">
<HEAD>SECT. 9. Of a Church, Church-Wardens, I&s;le, &amp;c.</HEAD>
<P>AS to the Repair of Churches, Church-yards, or Chappels, when they are decayed, the&s;e things are to be known: <NOTE PLACE="marg">Reparati|ons of the Church.</NOTE></P>
<P N="1">1. Any one or more of the Ju&s;tices of the Peace near to the place where any
<PB N="22" REF="16"> Church, or Chappel is in decay, upon any Information thereof, may if he plea&s;e, view it him&s;elf, or appoint the Mini&s;ter and &s;ome of the Pari&s;h to cer|tifie to him how it is, and what Repara|tions mu&s;t be done. And then may he or they, by a Warrant under his or their hands and &s;eales, &s;ent to the Church-Wardens of the place, order and direct what reparations &s;hall be made there, and in, and by what time. And in ca&s;e it be not be done by that time, may for their neglect bind over the Church-Wardens <NOTE PLACE="marg">Bind over.</NOTE> to the next Se&s;&s;ions, where they may be fined 40 s. apiece, and com|mitted to pri&s;on till they pay the Fine.</P>
<P N="2">2. But there mu&s;t be two or more of the Ju&s;tices near to the place where all or any part of a Chancel, or I&s;le, or Church, or other place belonging to it, that is to be repaired by the Par&s;on, or other, by Cu&s;tome or Pre&s;cription, is in decay, to order them that are liable to the &s;ame Reparations what to do, and to do the &s;ame by a certain day. Which not done, they may be indicted, and fined for their neglect, at the Se&s;&s;ions.</P>
<P N="3">3. There mu&s;t be two or more of the next Ju&s;tices to the place, yearly to joyn <NOTE PLACE="marg">Church-Wardens choyce.</NOTE> with the Pari&s;h in their choyce of their Church-Wardens. And the&s;e Ju&s;tices mu&s;t, within a moneth after their choyce made by the Pari&s;h, under their
<PB N="23" REF="16"> hands and &s;eals, allow and approve of the &s;ame Choyce.</P>
<P N="4">4. There mu&s;t be two &s;uch Ju&s;tices <NOTE PLACE="marg">Rates con|firmed.</NOTE> to confirm &s;uch Rates duly made by the Church-Wardens and Over&s;eers of the poor, for the Repair of the Church, Church-yard, and for other matters con|cerning the Church. And to give War|rants under their hands and &s;eales to be directed to the pre&s;ent, or &s;ub&s;equent Church-Wardens, to do all or any of the&s;e following things, <HI>viz.</HI> 1. To levy by di&s;tre&s;s and &s;ale of goods upon every man all the Church-Rates, and the Ar|rears thereof. 2. To levy by di&s;tre&s;s and &s;ale of goods, all the Forfeitures committed for any offence within the Act. 3. To levy all the money that &s;hall be remaining in the hands of any Church-Warden upon his Accompt. 4. To levy the 2 s. 6 d. Forfeiture, gi|ven to the Church-Wardens that are put to di&s;train for their Rate on him that will not pay it without a di<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;te&s;s. 5. To &s;end to the Goal the party that doth not pay his Rate. 6. To &s;end to the Goale the Church-warden that doth refu&s;e to account, till he do account and pay over <NOTE PLACE="marg">Account.</NOTE> to the &s;ucceeding Church-Wardens the money remaining in his hands. 7. And to joyn with the &s;ub&s;equent Church-Wardens in the taking of the Account <NOTE PLACE="marg">Caution to the Ju&s;tices.</NOTE> of the precedent Church-wardens. But it &s;eems not &s;afe here for a Ju&s;tice of
<PB N="24" REF="17"> Peace to &s;end his Warrant to levy any Forfeiture upon this Law, or to follow the Pre&s;idents we have for this purpo&s;e given in our <HI>clarks cabinet,</HI> becau&s;e there is no way for the Conviction of the offender &s;et down, and therefore that then it mu&s;t be in the Se&s;&s;ions, or no where. And there the offender may be puni&s;hed by way of Indictment or pre|&s;entment, upon the general power of Oyer and Terminer given by the Act to the Ju&s;tices of the Peace.</P>
<P N="5">5. There mu&s;t be two Ju&s;tices, and <NOTE PLACE="marg">Lands gi|ven to the Church.</NOTE> any two Ju&s;tices may examine by proof of Witne&s;&s;es the ca&s;e of Lands or Rents to be had, or paid towards the repair of any Churches within any Pari&s;h; And to &s;end their Warrant to the Church-Wardens of the place, to cau&s;e the parties who ought to pay the &s;ame to be bound over to the next Se&s;&s;ions, where <NOTE PLACE="marg">Bind over.</NOTE> the parties are to be ordered. And in this ca&s;e it &s;eems to me, that the cleare&s;t way for the Ju&s;tice of Peace, is to &s;end his Warrant fi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;t of all to the Church-Wardens, to warn the party to be bound (if he live within the County) to come before him to be bound over. And if he refu&s;e upon proof by Oath thereof by way of Information, to &s;end for him by his Warrant, and bind him to the <NOTE PLACE="marg">Good Be|haviour.</NOTE> good Behaviour, and to appear at Se&s;|&s;ions. <HI>See for all this, Act. 9. February, 1647. And &s;or Pre&s;idents of Warrants
<PB N="25" REF="17"> in the ca&s;e. The clarks cabinet.</HI> Chap. 8.</P>
<P N="6">6. There mu&s;t be three Ju&s;tices of the Peace, who out of Se&s;&s;ions may call Mini&s;ters and School-ma&s;ters before them, that have Hou&s;es, Chancels, and Church-yards belonging to them that are in decay, and to order them to re|pair them. And if they do neglect it, to cau&s;e to be levied of their goods by way of di&s;tre&s;s, and &s;ale thereof &s;o much as to do it. Upon <HI>Ord.</HI> 29 Augu&s;t, 1654.</P>
<P N="7">7. Any two Ju&s;tices of the Peace may <NOTE PLACE="marg">Sexton.</NOTE> order the payment of the due Fees to the Sexton, or Pari&s;h-Clerk, that is duly cho&s;en to the place. And where his Fees are denyed, they may order the payment thereof; and in ca&s;e it be not paid, they may &s;end their Warrant to the Con&s;table, to levy it as they do for the levying of a Church-Rate, what he &s;hall have for his &s;ervice. Upon the &s;ame Act. 9. February, 1647. See a Pre&s;ident for this in the <HI>cabinet.</HI> Ch<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">p. 8. Numb. 9. And that &s;eems to be all that a Ju&s;tice of Peace may &s;afely do herein, (that is) call the party refu&s;ing before him, and examine the matter; and if he find it ve: y clear, order the party to pay him. And if he &s;hew him&s;elf ob&s;tinate herein, the party grieved he mu&s;t apply him&s;elf to the Ju&s;tices of the Peace in their Quarter-Se&s;&s;ions, where they may by the general power of Oyer and
<PB N="26" REF="18"> Te<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">miner given to them by the Act, find a way to bring him to it. Or if the ca&s;e be &s;o clear, that the party &s;hall con&s;e&s;&s;e before the Ju&s;tice what is due; there perhaps the Ju&s;tice might cau&s;e a di|&s;tre&s;s to be made of his goods, as in ca&s;e of a di&s;tre&s;&s;e for a Church-Rate: But it <NOTE PLACE="marg">Caution to the Ju&s;tices.</NOTE> is good to be well advi&s;ed: for the Law is very ob&s;cure herein. And it is dange|rous for a Ju&s;tice of Peace &s;o to do, where he hath not a clear authority for it.</P>
</DIV3>
<DIV3 N="10" TYPE="section">
<HEAD>SECT. 10. About Cloath and Clothiers.</HEAD>
<P>AS to Cloath and Clothiers, and to the things that relate to their Trade, this is to be known:</P>
<P N="1">1. Any one Ju&s;tice of Peace may en|ter <NOTE PLACE="marg">Tenters, Winches.</NOTE> into any hou&s;e to &s;earch for Tenters, Winches, and &s;uch kind of Engines u&s;ed to make deceitfull Cloath; and finding them, he may deface them: And in ca&s;e of &s;econd offence, he may &s;ell them. And he with another Ju&s;tice of Peace may joyn together, and di&s;tri|bute the money, made thereby to the poor. 39 <HI>Eliz. 20. 43 Eliz.</HI> 18.</P>
<P N="2">2. There mu&s;t be two Ju&s;tices to <NOTE PLACE="marg">Speciall Se&s;&s;ions.</NOTE>
<PB N="27" REF="18"> hear and determine the offences about faulty Cloath. And this (for much of it) mu&s;t be done in and by a Speciall Se&s;&s;ions kept for the purpo&s;e. 39 <HI>Eliz 20. 21 Iac.</HI> 18.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices to &s;ell, divide, and di&s;tribute the money made of faulty Broad-Cloth. 39 <HI>Eliz. 20. 21 Iac. 18. 4 &amp; 5 Ph.</HI> and <HI>M. 2. 4 Iac.</HI> 2. And &s;o to &s;ell and divide the money made of Ker&s;ies, Frizes, or Cottons, 5 and 6 <HI>Ed.</HI> 6.</P>
<P N="4">4. There mu&s;t be two Ju&s;tices to <NOTE PLACE="marg">Searches and Over-&s;eers of Cloth.</NOTE> make and appoint Searchers, and Over-&s;eers of Cloth in Towns, not Incorpo|rate, and to bind them by Oath, and Bond, to look to, and puni&s;h the de|faults in Cloath-making. Upon 4 <HI><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d. 4. 1. 39 Eliz 20. 43 Eliz. 10. 2 Ed. 6. 2. 4 Iac. 2. 21 Iac. 28. 5 Ed. 6. 6. 7. Iac.</HI> 16. &amp; 3. 1.</P>
<P N="5">5. So there mu&s;t be two Ju&s;tices to puni&s;h Carders, Weavers, Sorters, Spin|ners, that imbe&s;il or detain any Wooll or <NOTE PLACE="marg">Imbe&s;il|ing of Wooll or Yarn.</NOTE> Yarn, and to puni&s;h them that receive it; and upon proof made thereof before them, by the oath of one witne&s;&s;e to or|der them to give &s;atisfaction, or to be whipped. 7 <HI>Iac.</HI> 7.</P>
<P N="6">6. There mu&s;t be two Ju&s;tices, that upon an Officer's Complaint of bad
<PB N="28" REF="19"> Cloth made, by the mixing of Flocks, Nails, Thrums, Hairs, &amp;c. may call before them the parties accu&s;ed, and their Witne&s;&s;es; and if they find it true, puni&s;h it, according to 21 <HI>Iac.</HI> 18.</P>
<P N="7">7. There mu&s;t be two Ju&s;tices, and <NOTE PLACE="marg">Clothier.</NOTE> one of them of the <HI>Quorum,</HI> that upon proof of two Witne&s;&s;es, or confe&s;&s;ion of the Clothier him&s;elf, that doth refu&s;e to pay his Workman the wages &s;et down, <NOTE PLACE="marg">Wages.</NOTE> may &s;end their Warrant to levy of him the 10 s. forfeiture, by di&s;tre&s;s and &s;ale of his goods. 1 <HI>Iac.</HI> 6.</P>
<P N="8">8. There mu&s;t be two &s;uch Ju&s;tices al&s;o, that may take Information of de|ceitfull <NOTE PLACE="marg">Linnen Cloath.</NOTE> Linnen Cloath made, and that may bind the offender over to the Se&s;|&s;ions, to give Evidence that &s;eized it. 1 <HI>Eliz.</HI> 12.</P>
<P N="9">9. Any one Ju&s;tice of Peace upon <NOTE PLACE="marg">Dyers. Block|wood.</NOTE> Complaint, That a Dyer doth u&s;e Blockwood, or is &s;u&s;pected of it, may call for the Dyer and his Servants be|fore him, and examine them on oath. And if he &s;ee cau&s;e, bind him and the Witne&s;|&s;es over to the next Se&s;&s;ions. And if he refu&s;e to be bound, &s;end him to Goal till he do it. But there mu&s;t be two Ju&s;tices when it is found, to give power to burn the &s;tuff. 39 <HI>Eliz.</HI> 11. See more, <HI>Ord.</HI> 12. Novemb. 1653, and 17 Septemb. 1656.</P>
</DIV3>
<DIV3 N="11" TYPE="section">
<PB N="29" REF="19">
<HEAD>SECT. 11. About Con&s;tables.</HEAD>
<P>AS to the&s;e Officers, the&s;e things are to be known in this place:</P>
<P N="1">1. It is &s;aid, That any one Ju|&s;tice <NOTE PLACE="marg">Election of Him.</NOTE> of Peace, in ca&s;e of nece&s;&s;ity, in a Hundred or Pari&s;h, where there is no Con&s;table for the Hundred or Pari&s;h for the pre&s;ent, (the Officer being dead, or otherwi&s;e gone) and the Se&s;&s;ions is far off, no Leet in the place, or it is far off in the time of keeping of it, much to do for an Officer, and the like; in &s;uch Ca&s;es, that one Ju&s;tice alone may make and &s;wear a Con&s;table for the Hundred, or Pari&s;h. And we would have this to be Law, if we knew how to make it good, for the nece&s;&s;ity thereof in many places where otherwi&s;e this Officer will fail, except it may be &s;upplyed by the Country Leet, there being no Leet in the place. But truly we look upon this as a thing &s;omewhat dangerous to be done by a Ju&s;tice of Peace out of Se&s;|&s;ions, e&s;pecially where the Election of the Officer is for a place that hath a Leet, for haply the Election may he void, and the Lord of the Franchi&s;e may have his Action of the Ca&s;e again&s;t <NOTE PLACE="marg">Caution to Ju&s;tices,</NOTE> the Ju&s;tice. So al&s;o if an unfit Con|&s;table
<PB N="30" REF="20"> be cho&s;en, that he may after this way (as hath been held and u&s;ed) be removed by the Ju&s;tices in, or out of <NOTE PLACE="marg">Remove of him.</NOTE> Se&s;&s;ions, and another more fit put in his place. So if there be need of more Con&s;tables in any Hundred or Pari&s;h, that the Ju&s;tices out of the Se&s;&s;ions may make, and &s;wear them. This we agree to be generally practi&s;ed, and &s;o &s;eems now to have the Countenance of Cu|&s;tome to warrant it. And yet we much doubt of this. And therefore would advi&s;e rather to have what is done here|in, to be done in the Se&s;&s;ions onely. See <HI>Steel's</HI> Rep. 362. and Chap. 7. Sect. 6.</P>
<P N="2">2. The&s;e Officers are the mo&s;t pro|per Officers under the Ju&s;tices of the Peace, (as to the matters of the Peace) and to them are their Warrants to be directed, except it be in &s;pecial Ca&s;es, where by Acts of Parliament they are to be directed to &s;ome others.</P>
<P N="3">3. If any of the&s;e Con&s;tables &s;hew <NOTE PLACE="marg">Neglect and Con|tempt by them.</NOTE> them&s;elves any way to neglect or con|temn the Authority or Commands of the&s;e Ju&s;tices, or any of them, in the execution of their Warrants or other|wi&s;e, &s;uch Ju&s;tice may cau&s;e him to be Indicted and &s;ined for it in the Se&s;|&s;ions.</P>
<P N="4">4. If a Ju&s;tice be to &s;wear this Offi|cer, he may do it to this effect:</P>
<PB N="31" REF="20">
<P><HI>You &s;hall &s;wear, you &s;hall well and truly execute the office of High-Con|&s;table</HI> <NOTE PLACE="marg">His Oath.</NOTE> <HI>of and within the Hundred of</HI> H. [or if it be a Pari&s;h] <HI>of petit con&s;table for and within the Pari&s;h of</HI> S.] <HI>and liberties thereof, to the be&s;t of your pow|er and skill, untill another be cho&s;en in your room, or you be otherwi&s;e di&s;char|ged by order of Law.</HI></P>
<P>The Warrants for this, &s;ee in <HI>Clark's Cabinet.</HI> Chap. 20.</P>
<P N="5">5. How Con&s;tables may offend by not doing their duties in the Execution of Warrants &s;ent to them, upon penall Lawes, and otherwi&s;e again&s;t the Sta|tutes, and what the Ju&s;tices of Peace may do hereupon, See in other Titles; as <HI>Inne-Keepers, Rogues, Lords-day, Tre&s;pa&s;&s;es, &amp;c.</HI></P>
<P N="6">6. See more of this in <HI>Officers,</HI> Numb 4. <HI>Oath,</HI> Numb. 10. and in <HI>Oath,</HI> Sect. 37. Numb. 11.</P>
</DIV3>
<DIV3 N="12" TYPE="section">
<PB N="32" REF="21">
<HEAD>SECT. 12. Of the correction-Hou&s;e or B<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ide-well.</HEAD>
<P>THis Hou&s;e is appointed for the puni&s;hment of Rogues, Vaga|honds, wandring, idle, and di&s;or|derly per&s;ons, that by the ex|pre&s;&s;e words of 7 <HI>Iac.</HI> 4. are to be &s;ent thither by the Ju&s;tices. But they can|not by this &s;end thither who they plea&s;e, nor &s;uch per&s;ons for every cau&s;e.</P>
<P>How the Bla&s;phemous Heretick is by them to be &s;ent thither, &s;ee <HI>Bla&s;phemy,</HI> Sect. 6. of this Chapter.</P>
<P>And what Rogues and Idle per&s;ons may be &s;ent thither by the Ju&s;tices, of the Peace out of their Se&s;&s;ions, See <HI>Rogues, Vagabonds,</HI> and <HI>Idle per&s;ons. Sect.</HI> 48. of this Chapter.</P>
<P>And what Lewd per&s;ons may be &s;ent thither for Incontinency, &s;ee <HI>Incontinen|cy,</HI> Sect. 27 of this Chapter.</P>
<P>And what Servants or Apprentices may be &s;ent thither, &s;ee in <HI>Masters</HI> and <HI>Servants. Sect.</HI> 33. of this Chapter.</P>
<P>And what other per&s;ons may be &s;ent thither, &s;ee in other Titles.</P>
</DIV3>
<DIV3 N="13" TYPE="section">
<PB N="33" REF="21">
<HEAD>SECT. 13. About crows.</HEAD>
<P>AS to him that refu&s;eth to pay to another that doth take old Crows, Choughs, or Rooks upon his Land, having Land in his occupation worth 5 l. a year, after the Rate of 2. d. a dozen; It is &s;aid, Any one Ju&s;tice of Peace may cau&s;e it to be levied by di|&s;tre&s;&s;e upon the Goods and Chattels of the Refu&s;ers. But how this may be <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> warranted out of Se&s;&s;ions, I under&s;tand not, becau&s;e there is no way of Con|viction of him for his Refu&s;al, &s;et down. Upon 24 <HI>H.</HI> 8. 10. The words where|of are doubtfull in this point. See Chap. 7. Sect. 6. Que&s;t. 19.</P>
</DIV3>
<DIV3 N="14" TYPE="section">
<HEAD>SECT. 14. About the Exci&s;e.</HEAD>
<P>AS to the Vintner, Inne-kepper, Victualler, Ale-hou&s;e-keeper, or one that Retailes Ale or Beer, and that &s;hall brew his own Beer or Ale, before he give &s;ecurity to the Sub-Comm&s;|&s;ioners of Exci&s;e, for the due payment
<PB N="34" REF="22"> of the Exci&s;e. That upon due proof thereof made by Oath of two or more Witne&s;&s;es, or other &s;ufficient Evidence, before any Ju&s;tice of Peace within any County where the offender doth re&s;ide and dwell, the offender &s;hall forfeit for every &s;uch offence, 40 s. for the fir&s;t, and 3 l. for the &s;econd time, to be le|vied by di&s;tre&s;&s;e and &s;ale of goods, ren|dring, &amp;c. And if he offend after a &s;e|cond Conviction, the Ju&s;tices are to de|clare him di&s;abled to keep any &s;uch Common-hou&s;e any longer, and to commit him to Goal, till he give &s;ecu|rity never &s;o to offend again. And af|ter this, he is to be puni&s;hed as an un|licen&s;ed Ale-hou&s;e-keeper. And after the Act is penned in the&s;e words, All Ju&s;tices of Peace are required and authorized to put this Clau&s;e and Ar|ticle in execution; and the &s;aid penalty is to cau&s;e to be paid to the laid Com|ni&s;&s;ioners of Exci&s;e. <HI>Act.</HI> 14 Augu&s;t, 1649.</P>
<P>We here conceivem that by the&s;e ge|neral words thus penned, [they may do execution] that by this, any one Ju&s;tice may take the Conviction; and haply one may &s;end the Warrant to do the Execution: But it will be more warily <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> done by two Ju&s;tices. And we &s;up|po&s;e he or they may give the Oath for Conviction, albeit there be no clau&s;e to enable it; And that they may make their Warrant to whom they will, that
<PB N="35" REF="22"> will undertake to do the Execution. But we conceive it mo&s;t proper to be done by the Con&s;table of the place, and therefore more convenient to make the Warrant to him then to others. See Chap. 7. Sect. 6.</P>
<P><GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> If any Fine be impo&s;ed, Impri|&s;onment, ponality, or Forfeiture inflicted, or &s;eicure of goods be made for, or about the Non-payment of the Exci&s;e; by the Sub-Commi&s;&s;ioners, or Far|mers thereof, (out of <HI>London</HI> and the di&s;trict theren&s;) or by their Agents, Deputies, or Officers, In this ca&s;e there mu&s;t be two &s;uch Ju&s;tices as are not intere&s;&s;ed or concerned in the thing in Que&s;tion, or Landlord, or Tenant, or of him or relation to the parties, that mu&s;t upon complaint made to them, &s;end their Warrant under their hands and Seal, for the execution thereof. And the&s;e two Ju&s;tices, if Complaint be made of either &s;ide, may examine the matter upon Oath, and end it. And if they find any errour, and that it is by Mi&s;take onely, they may mitigate the Fine, &s;o it be not le&s;&s;e then the one half of what is to be paid; and they may al&s;o give rea&s;onable Co&s;ts to the Officer imployed in the bu&s;ine&s;&s;e, for his trouble therein. <HI>Act.</HI> 17. Septemb. 1657.</P>
</DIV3>
<DIV3 N="15" TYPE="section">
<PB N="36" REF="23">
<HEAD>SECT. 15. About Fa&s;ting, and Fea&s;t-dayes.</HEAD>
<P>AS to this matter of Fa&s;t-dayes, and Fea&s;t, Fe&s;tival, or Holy-dayes, the&s;e things are to be known in this place:</P>
<P N="1">1. That for out Religious dayes of <NOTE PLACE="marg">Dayes of Humilia|tion and Thank&s;|giving.</NOTE> Humiliation and Thank&s;giving, the &s;er|ving of pioce&s;s, the going with Coaches, Hor&s;es, Boats, and Sedans, Tipling and Idling, and the Entertainment of &s;uch as Tipple, or are idle in hou&s;es, and grinding at a Mill on &s;uch a day, is penal, Upon the 10th of April, 165<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. But there being no way of Conviction for this upon that Act out of Se&s;&s;ions, there is nothing that the Ju&s;tice of Peace can do out of Se&s;&s;ions again&s;t any man for the &s;ame, or for his doing of his or|dinary <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">u<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ine&s;&s;e now on a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">day of Humi|liation or Thank&s;giving. And as to the Ordinances of Augu&s;t 24. 1642, and of Decemb. 2d. 1646, we take them to be of no u&s;e at this day.</P>
<P N="2">2. For the Ancient Fe&s;tival or Ho|ly-dayes, <NOTE PLACE="marg">Holy-da<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">es.</NOTE> called Chri&s;tmas, Ea&s;ter, Whit&s;ontide, Mid&s;ummer, and the like; we <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ake the&s;e to be all aboli&s;hed, and
<PB N="37" REF="23"> done away at this day, by the Ordinance for the <HI>Direct<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ry</HI> and by the <HI>Direct<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ry</HI> it &s;elf; and by the Ordinance of 3d. of June, 1647.</P>
<P N="3">3. That the &s;econd Tue&s;day of every <NOTE PLACE="marg">Second Tue&s;day a Play-day.</NOTE> moneth is to be a play-day, for recrea|tion of Schollers, App&s;entices, and Ser|vants, by Ord<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> 3. June, 1647. And that if any difference be between the Ma&s;tery Apprentice, or Scholler about this, any one Ju&s;tice of Peace may end it.</P>
<P N="4">4. That the Law for the Ob&s;erva|tion <NOTE PLACE="marg">Lent.</NOTE> of Lent and Fi&s;h-dayes, remains as it was, 5. <HI>Eliz. 5. 1<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. Eliz. 7.</HI> And therefore if any Ju&s;tice of Peace &s;hall <NOTE PLACE="marg">Fi&s;h-dayes</NOTE> (as he may, if he will) in the Lent|time &s;earch any Victualling-hou&s;e for Fle&s;h; and if he find any dre&s;&s;ed or killed, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ill three dayes before Ea&s;ter, he may, upon his own &s;ight of it, &s;eize it, and give it to the poor, or to the pri&s;o|ners. Upon 1 <HI>Iac. 29. 3 Car. 4. 5 Eliz.</HI> 5. &amp; 35 7. But there is &s;ome doubt made upon the Continuance of &s;ome of the&s;e Statutes.</P>
</DIV3>
<DIV3 N="16" TYPE="section">
<PB N="38" REF="24">
<HEAD>SECT. 16. About Felons and Felonies.</HEAD>
<P N="1">1. VVHere any Tr<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="3 letters">, <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> any Felony greaten, or le&s;ter is committed, by killing &s;tealing, burn|ing of <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">elling hou&s;es, or otherwi&s;e, upon the Common-Law, or upon any Statute Law; in all &s;uch ca&s;es tho&s;e things are to be done by the Ju&s;tices of the Peace out of their Se&s;&s;ions. 1. Any one Ju&s;tice of Peace upon Notice, or Report <GAP DESC="illegible" RESP="apex" EXTENT="2 words"> max <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> forth his Warrant under <GAP DESC="illegible" RESP="apex" EXTENT="2 words"> of <GAP DESC="illegible" RESP="apex" EXTENT="2 words"> Cry, and Search <NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="2 words"> Cry. Search.</NOTE> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> the <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Felon; and if they) <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> him, or one they have good cau&s;e to &s;u&s;pect that he may be the; man, That they do him apprehend, and bring before <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Ju&s;tice of Peace, to be exami|ned theseof. And this he may direct to the Sheriffs, and to all Con&s;tables of <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Town and place within the Coun<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> For which, &s;ee the <HI>Pre&s;ident in the Clarks Cabinet,</HI> Chap. 5. Numb. 6.</P>
<P N="2">2. If the Felony be by the taking away of goods, he may &s;end his War|rant to &s;end to &s;earch in &s;u&s;pitious pla|ces <NOTE PLACE="marg">Warrant to &s;earch.</NOTE> for the goods &s;tollen; and if he find the goods to &s;ecure them, to the end that the owner may have them; and
<PB N="39" REF="24"> if the Officer &s;u&s;pect the party in who&s;e hands the goods are, to bring him to a Ju&s;tice to be examined. But this War|rant mu&s;t be warily and tenderly made <NOTE PLACE="marg">Caution to the Ju&s;ti|ces.</NOTE> and u&s;ed. And for this, &s;ee in the <HI>Clarks Cabinet,</HI> Chap. 5. Numb. 1. What Warrant may &s;afely be made in this ca&s;e, and Chap. 7. Sect. 6. 3. When any man is &s;u&s;pected of Felony by an|other that is willing to inform again&s;t the Felon, the Ju&s;tice may take his In|formation upon oath (if he will &s;o give it). Or he may (if he plea&s;e) take it (as we conceive) without Oath. And if the party will not give it upon oath, yet the Ju&s;tice &s;hall do well to take it &s;o. Nor will we advi&s;e a Ju&s;tice to force any thing in this ca&s;e; but to take &s;uch Information as the Informer will give, and bind him over. 4. If a Felony hath been done, and there are &s;ome that can di&s;cover the Felon, and will not voluntarily come in and inform; the Ju&s;tice of Peace may &s;end his Warrant to require them to come in to him, and give &s;uch Evidence as they can again&s;t the per&s;on &s;u&s;pect; and if they be ob|&s;tinate, and refu&s;e, he may perhaps bind them to the good Behaviour, and to appear at the Se&s;&s;ions to an&s;wer their contempt therein. 5. The Ju&s;tice of Peace when the Su&s;pect-per&s;on is brought before him, is to examine him, which he is not to do upon Oath. But he may examine others again&s;t him; and
<PB N="40" REF="25"> this he may do upon Oath, if they will be &s;o examined. 6. He mu&s;t put the <NOTE PLACE="marg">Examina|tion.</NOTE> Examination, or the Effect thereof in writing, and let the per&s;on examined (if he will) put his hand to it. 7. If the Ju&s;tice &s;ee any cau&s;e of &s;u&s;pition in the Ca&s;e, he is to &s;end the per&s;on Su&s;pect, by a <HI>Mittimus</HI> to the Goal, and bind <NOTE PLACE="marg">Mittimus.</NOTE> over the Informer, if there be any in the Ca&s;e, or if not, &s;ome other per&s;on in|tere&s;ted <NOTE PLACE="marg">Bind over.</NOTE> in it, or one that doth appear to pro&s;ecute it, or one of the Witne&s;&s;es to pro&s;ecute the &s;u&s;pected per&s;on at the next General Goal-delivery or Se&s;&s;ions (as the ca&s;e is). And al&s;o bind over &s;uch of the Witne&s;&s;es as can give the be&s;t evidence, to be then there to give Evidence. 8. All the&s;e Examinations and Informations, or the Copies there|of, together with the Recognizances for the appearance of the Pro&s;ecutors and the Witne&s;&s;es he is to certifie, and &s;end <NOTE PLACE="marg">Certificate.</NOTE> in to the next Goal-delivery or Quar|ter-Se&s;&s;ions, where the oftender is to be tryed. 9. One Ju&s;tice alone may not &s;afely in any ca&s;e baile &s;uch a per&s;on <NOTE PLACE="marg">Baile.</NOTE> accu&s;ed of Felony. But if he &s;ee cau&s;e, or de&s;ire to Bail him, becau&s;e the of|fence is &s;mall, as perhaps but a Petit Larceny; or if it be greater, and the evidence again&s;t him is very little, or none at all; he mu&s;t call to his a&s;&s;i|&s;tance, another Ju&s;tice of Peace: For there mu&s;t be two Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> and
<PB N="41" REF="25"> they mu&s;t be together to do this work. See <HI>Baile,</HI> and 1 &amp; 2 <HI>Ph.</HI> and <HI>M.</HI> 13. 10 Any one Ju&s;tice may &s;end his War|rant to arre&s;t any one that &s;tands in|dicted of a Felonie. See the <HI>Pre&s;idents</HI> in the <HI>Cabinet</HI> for all the&s;e things, Chap. 5. throughout. Chap. 25. 1, &amp;c.</P>
<P>2. Any two Ju&s;tices, before whom <NOTE PLACE="marg">Reward for the taking of Felons.</NOTE> any one &s;hall be convict of a Robbery, or Bu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">glary, may give order to the Sheriff to pay to the party that did ap|prehend and pro&s;ecute him, 10 l. for his reward therein. Act. 17th of Sep|temb. 1656.</P>
<P>3. How Felonies done beyond Sea, may be pro&s;ecuted here by the Pro&s;ecu|tor thereof, and what the Ju&s;tice of Peace is to do in it, &s;ee Act. 20th of September, 1649.</P>
<P>4. How and at who&s;e charge Felons &s;hall he carried to Goal, &s;ee Sect. 20th of this Chapter.</P>
</DIV3>
<DIV3 N="17" TYPE="section">
<PB N="42" REF="26">
<HEAD>SECT. 17. About Fi&s;h, and Fi&s;hers.</HEAD>
<P>AS to this we are to know, 1. That no Fi&s;herman is to be forced to be a Marriner, under the Lord Pro|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ector's Commi&s;&s;ion, unle&s;&s;e he be cho|&s;en by the two next Ju&s;tices to the place where he dwells. 5 <HI>Eliz.</HI> 5.</P>
<P>2. Ju&s;tices of the Peace are to be Con&s;ervators of the Rivers, and &s;hall have power to <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">arch We<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">res, le&s;t by their &s;traitne&s;&s;e the Fly of Fi&s;h be de|&s;troyed. Upon <HI>we<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">.</HI> 2. <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">. and 13 <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">9. And they may appoint under-Offi|cers to look to the Rivers, and to in|form again&s;t offenders therein. <HI>We&s;t. 2. 47. &amp; 13 R. 2. 19.</HI></P>
</DIV3>
<DIV3 N="18" TYPE="section">
<HEAD>SECT. 18. About a Forcible Entry.</HEAD>
<P>AS to &s;uch as make Forcible Entries into Lands, in this ca&s;e any one Ju&s;tice of Peace, upon Complaint hereof made to him, and that the Force doth continue, may go to the place to
<PB N="43" REF="26"> view it: And if he find it upon his own view to be &s;o, he may remove it, Re|cord the Force, and (as &s;ome would have it) Fine the offenders according to his di&s;cretion, bind them to the good Behaviour, &s;end them to Goal till they have paid or &s;ecured the Fine; And then make a Record of all this, and certifie it into the Upper-Bench, or Quarter-Se&s;&s;ions, which he will. And when the Fine is paid or &s;ecured, he may deliver the offender. But if the Force be done and pa&s;t, Then hath he nothing to do, but to &s;ummon a Jury to enquire of it; which he mu&s;t do by his Warrant to the Sheriff, and do it within a moneth of the Complaint, or it will be very panal to him. And by this Jury, upon a Traver&s;e, he mu&s;t enquire; And if the Jury find any Forcible Entry, or detainer in the Ca&s;e; then is the Ju&s;tice to &s;end his Warrant to the Sheriff to re&s;tore the party put out of, into po&s;&s;e&s;&s;ion again; and may Fine, &amp;c. 15 <HI>R.</HI> 2. 2. 8 <HI>H. 6. 9. 31 Eliz. 11. 21 Iac. 15. See for this, the Books at large; and in my Iu|&s;tice of Peace Book,</HI> Chap. 15. <HI>and in the Clarks Cabinet. See all the Pre&s;idents of Warrants for it in Chap. 7. of that Book.</HI> And becau&s;e there is &s;ome difficulty in <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> this work, it will be the Ju&s;tices wi&s;e|dome to call in for the help of &s;ome, or (at lea&s;t) of one of his Fellow-Ju&s;tices of Peace herein.</P>
</DIV3>
<DIV3 N="19" TYPE="section">
<PB N="44" REF="27">
<HEAD>SECT. 19. About Free-Quarter.</HEAD>
<P>AS to Souldiers that take Free-Quarter in mens hou&s;es again&s;t the owners con&s;ent; In this ca&s;e any two Ju&s;tices of the Peace may exa|mine the offence upon Oath. And when they have done this, they are to &s;end this Examination under their hands and &s;eals up to the Committee of <NOTE PLACE="marg">Examina|tion. Certificate.</NOTE> the Army. And &s;o &s;atisfaction will be made to him that is wronged, Upon Act. 19. December, 1651. 24 April, 1648. and 24 December, 1647.</P>
</DIV3>
<DIV3 N="20" TYPE="section">
<HEAD>SECT. 20. About Goals or Pri&s;ons, and Pri&s;oners.</HEAD>
<P N="1">AS to this, take the&s;e things, 1. Ju|&s;tices of the Peace regularly, are to &s;end &s;uch pri&s;oners as they do com|mit to pri&s;on, to none other but the Common-Goal of the County. Upon 5. <HI>H.</HI> 4. 10. And yet where any Sta|tute directs them to &s;end to another pri|&s;on, as to the Bride-well, Stocks, or the
<PB N="45" REF="27"> like, there they mu&s;t pur&s;ue the &s;ame direction.</P>
<P N="2">2. The Goaler is to receive &s;uch a pri&s;oner &s;o &s;ent to him by a Ju&s;tice of Peace, and that without Fee. And if <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">he Goaler do not &s;o, he may be puni&s;h|ed by the Ju&s;tices of the Peace, by Fine, for his Contempt, &amp;c. But not upon the Statute of 4 <HI>Ed.</HI> 3. 10. For the Ju&s;tices of the Peace have not the power of Execution of that Statute.</P>
<P N="3">3. An offender to be conveyed to <NOTE PLACE="marg">Charges of Convey of a Pri&s;oner to Goal.</NOTE> Goal, is to bear all the charge of him|&s;elf, and of tho&s;e that guard him thi|ther, if he be able. And in ca&s;e he re|fu&s;e &s;o to do, Any one Ju&s;tice of Peace may &s;end his Warrant to the Con&s;table of any Town&s;hip in the County, where he hath goods, and take them, and prize them by four of the Neighbours, and &s;ell &s;o much thereof as the Ju&s;tice &s;hall think fit to &s;atisfie the charge. And if the offender have no goods, a Rate for <NOTE PLACE="marg">Rate.</NOTE> the rai&s;ing of the money, may be made by the Con&s;tables and Church-wardens, and two or three others; or for lack of &s;uch Officers, by four of the more &s;uf|ficient men of the place where he was taken. And any one Ju&s;tice of Peace may by putting his hand to it, confirm it. And after give his Warrant under his hand, to levy it by di&s;tre&s;&s;e of the goods of them that refu&s;e; and after ap|pri&s;al
<PB N="46" REF="28"> by four of the Inhabitants by &s;ale thereof, to give back the over-plus; And &s;o to pay over the money to them that did bear the charge of his Convey to pri&s;on. Upon 3. <HI>Iac.</HI> 10. See the <HI>Pre&s;i|dent</HI> for this in the <HI>Clark's Cabinet,</HI> Chap. 17.</P>
</DIV3>
<DIV3 N="21" TYPE="section">
<HEAD>SECT. 21. About Habeas-Corpus, Certiorario Super&s;edeas, Writ of Errour.</HEAD>
<P>AS to the&s;e four things, which are Writs that &s;erve to prevent, &s;top, or undo the power of the Ju&s;tices of the Peace, the&s;e things are to be known,</P>
<P N="1">1. The <HI>Habeas-Corpus</HI> is to remove <NOTE PLACE="marg">Remove of Records and Pri&s;o|ners.</NOTE> the pri&s;oner, and his cau&s;e from the Ju&s;tices, into a higher Court, upon &s;up|po&s;all that they are doing, or have done illegally. The <HI>Certiorani,</HI> to remove the Cau&s;e and Record from before the Ju|&s;tices, before a higher power, upon this pretence. The <HI>Super&s;edeas,</HI> is from a Higher Court, to forbid any further or other proceeding before the Ju&s;tices, The <HI>Writ of Errour,</HI> to undo what hath been; done before the Ju&s;tices, where, upon on Indictment or Information, a Judgment is given again&s;t Law.</P>
<P N="2"><PB N="47" REF="28">2. Every <HI>Habeas-Corpus,</HI> and <HI>Cer|tiorari</HI> to remove a Record, or Pri&s;oner, ought to be &s;igned by one of the Judges of the Court whence it comes. Upon 1 and 2 <HI>Ph.</HI> and <HI>M.</HI> 13. And yet if this be omitted, the Ju&s;tice of Peace mu&s;t notwith&s;tanding obey it.</P>
<P N="3">3. Writs of <HI>Super&s;edeas</HI> out of the Higher Courts are to be void, that are not granted upon Motion in the open Court, and upon good cau&s;e al&s;o &s;hewed by Oath, and the &s;ame &s;et down on the back of the Writ. And if this be not done, it &s;eems the Ju&s;tices of the Peace may refu&s;e to obey it. Upon 21 <HI>Iuc.</HI> 8.</P>
<P N="4">4. No Remove &s;hall be of an Indict|ment grounded upon the Ordinance of June, 1654, about <HI>Challenges.</HI> Nor <NOTE PLACE="marg">Challenges</NOTE> upon the Act of the 6th of October, 1650. where the proceeding is upon any penall Law, for the buying, &s;elling, &s;earching, viewing, ordering, or di&s;po|&s;ing of any Corn, Wint, Beer, Ale, Fi&s;h, Fle&s;h, Sale-Butter, Chee&s;e, or any other dead Victuals what&s;oever. Nor upon any Indictment grounded upon the la&s;t Act made the 17th of September, 1656, about the Sabbath. Nor to remove any Pre&s;entment, or Conviction for a Po|pi&s;h Recu&s;ancy. Nor &s;hall any Writ <NOTE PLACE="marg">Recu&s;ants.</NOTE> of Errour be granted to rever&s;e any &s;uch Conviction. Upon the Act of 17th of September, 1656.</P>
<P N="5"><PB N="48" REF="29">5. The Ju&s;tices of the Peace may re|fu&s;e to &s;end away an Indictment upon any &s;uch W<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">it, if it be for a Ri<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t, For|cible Entry, A&s;&s;ault and Battery, except the Writ he delivered in <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> the Ju&s;tices of Peace in their Quarter-Se&s;&s;ions, &s;it|ting the Court; and except the party indicted, will be bound with good Sure|ties to pay the Pro&s;ecutor his Co&s;ts. But in ca&s;e of Indictments for a Foreible Detainer, and for any other offence then that before named, it is otherwi&s;e. Upon 21 <HI>Iac.</HI> 8.</P>
<P N="6">6. The Ju&s;tices of the Peace when any &s;uch Writ is duly <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;&s;ued <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">orth and &s;ent to them, mu&s;t obey it: for it is penal to them if they do not &s;o. And if the Writ for bid the Ju&s;tice to do, that which he hath &s;ent out his Warrant to command to be done, he mu&s;t recall and countermand his Warrant.</P>
<P N="7">7. If the Writ do not require the &s;ending away of the Recognizance that the Ju&s;tice hath taken, he <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> to &s;end the Writ and Recognizance to the next Se&s;|&s;ions, to be &s;iled there.</P>
<P N="8">8. The Judges of the Higher Courts that do &s;end for any &s;uch Record, or pri|&s;oner, may, if they plea&s;e, &s;end it down again, to be determined by the Ju&s;tices of the Peace. Upon 6 <HI>H.</HI> 8. 6. See <HI>Steel's Rep.</HI> 475. 322. 399.</P>
</DIV3>
<DIV3 N="22" TYPE="section">
<PB N="49" REF="29">
<HEAD>SECT. 22. About High-wayes and Bridges.</HEAD>
<P>AS to High-wayes and Bridges, the&s;e things are to be known:</P>
<P N="1">1. Any one Ju&s;tice of Peace may up|on his own View, make a Pre&s;entment to the Se&s;&s;ions (in the nature of an in|dictment) again&s;t any place or Pari&s;h, for that their wayes are not &s;ufficiently amended. And al&s;o again&s;t any man, for any offence by him done, again&s;t the Statutes of 2 &amp; 3 <HI>Ph.</HI> and <HI>M.</HI> 8. and 5. <HI>Eliz.</HI> 13. (That is to &s;ay) The Con|&s;tables and Church-wardens of the place for not choo&s;ing the Surveyors, or not &s;etting down the time for the &s;ix dayes work, or for not giving publike notice thereof in the Church. Or the Sur|veyors for refu&s;ing the Office, or for their neglect in their office, and in par|ticular, for not making Pre&s;entment to a Ju&s;tice of Peace, of &s;uch defaults as they find upon the&s;e Statutes. Or the Pari&s;hioners that do not ob&s;erve and attend to do the dayes-works appointed them. Or &s;uch as &s;uffer any Nu&s;ances in their Grounds, hedges or ditches near to the High-wayes. Or the Baylifts or High. Con&s;tables for their neglect in
<PB N="50" REF="30"> the levy of the Amercements &s;ent to them by the Clerk of the Peace again&s;t oftenders about the High-wayes, or for the not making of their Account, and the like. And this pre&s;entment of the Ju&s;tice, if he have cau&s;e to have it drawn up, he may put the Clerk of the Peace to do it: And being put in, it is of the &s;ame &s;orce as if it were found by Grand-Jury.</P>
<P N="2">2. Any one Ju&s;tice may and mu&s;t receive from the Surveyors of the High-wayes, any Pre&s;entment that they &s;hall make and tender to him, of any default upon the&s;e two before named Statutes about the High-wayes. And this Pre|&s;entment he is to certifie and &s;end in to <NOTE PLACE="marg">Certificate.</NOTE> the next Se&s;&s;ions, under pain of 5 l. upon 5 <HI>Eliz.</HI> 13.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices (one of them of the <HI>Quorum)</HI> to enforce and take the Account of any Officer, that hath in his hands any of the Forfeitures upon the Statute of 2 &amp; 3 <HI>Ph.</HI> &amp; <HI>M.</HI> 8. about High-wayes. And to impri&s;on them who do account and are &s;ound to have money in their hands, till they pay it. But if in this ca&s;e the Officer be <NOTE PLACE="marg">Caution to the Ju&s;tices.</NOTE> ob&s;tinate, they cannot tell what to do to order him. But it mu&s;t be in the Se&s;|&s;ions, or no where, See <HI>Steel's</HI> Rep. 399. Chap. 7. Sect. 6.</P>
<P N="4"><PB N="51" REF="30">4. Any one Ju&s;tice might have cau|&s;ed High-wayes to be enlarged and clee|red of Trees and Bu&s;hes, upon the Sta|tute of <HI>Winche&s;ter,</HI> 1 <HI>Ed.</HI> 3. But now they do nothing out of Se&s;&s;ions, but ac|cording to the two afore-named Sta|tutes.</P>
<P N="5">5. There mu&s;t be four Ju&s;tices of the Peace, (one of them of the <HI>Quorum,</HI> <NOTE PLACE="marg">Bridges.</NOTE> And where &s;o many Ju&s;tices are not met together, it cannot be done) who with the Con&s;tables, and two of the In|habitants of every Pari&s;h, (and without their con&s;ent al&s;o it cannot be done) to tax the Inhabitants of any place or pla|ces, for the repairing of a Bridge, or High-way within 300 foot of the Bridg, when it is unknown who ought to re|pair it. And they may appoint two Collectors to gather the money, and two Surveyors to look to the work, and to give an Account thereof, and of the <NOTE PLACE="marg">Account.</NOTE> money. And they may call the&s;e Offi|cers their Executors or Admini&s;trators, to an Account. Upon 5 <HI>Eliz.</HI> 13. and 18 <HI>Eliz.</HI> 9.</P>
<P N="6">6. For the Repair of <HI>Chep&s;low</HI> Bridge, &s;ee 3. <HI>Iac.</HI> 23.</P>
<P N="7">7. For the Repair of the High-way<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">s in the <HI>Wild</HI> of <HI>Kent,</HI> &s;ee 14. 15. <HI>H.</HI> 8. 6. Of <HI>Huntington.</HI> Lane near to <HI>Che&s;ter,</HI> &s;ee 37 <HI>H.</HI> 8. 3. In <HI>Su&s;&s;ex,</HI> &s;ee 39 <HI>Eliz</HI> 19.
<PB N="52" REF="31"> 26 <HI>H. 8. 7. 15 H. 8. 6.</HI> Of the Cauce|way between <HI>Dorche&s;ter</HI> and <HI>Sherborn,</HI> &s;ee 1 <HI>Mar.</HI> Parl. 2. Chap. 5. Of the <HI>King's Ferry</HI> in <HI>Kent,</HI> &s;ee 18 <HI>Eliz.</HI> 10.</P>
</DIV3>
<DIV3 N="23" TYPE="section">
<HEAD>SECT. 23. About Hor&s;es</HEAD>
<P>AS to this; there is this onely as belonging to the Office of the Ju|&s;tice of Peace, out of Se&s;&s;ions, to be known; That if any hor&s;e be &s;tolne and &s;old in an open Market, the true owner thereof, or his Executors, may within &s;ix moneths after the &s;tealing thereof, make his claym for him before any one Ju&s;tice of Peace near to the place where the hor&s;e is found. And this Claym the Ju&s;tice of Peace to whom it is made, mu&s;t take and hear. And if within fourty dayes after the claym, he can make proof his property by two Witne&s;&s;es upon oath before the Ju&s;tice, and will pay down to the buyer &s;o much as he before the Ju&s;tice will depo&s;e that he <HI>bond &s;ide</HI> gave for the hor&s;e, he &s;hall have his hor&s;e again. This Claym of the pro|perty by the true owner, and Oath of buyer for the price, the Ju&s;tice of Peace when called upon herein, he mu&s;t take. Upon 31 <HI>Eliz.</HI> 12. 2 &amp; 3 <HI>P<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">.</HI> and <HI>M.</HI> 3.</P>
</DIV3>
<DIV3 N="24" TYPE="section">
<PB N="53" REF="31">
<HEAD>SECT. 24. About Hue-and Cry.</HEAD>
<P>AS to this, any Ju&s;tice of Peace may may do the&s;e things:</P>
<P N="1">1. He may b<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">nd, or at the Se&s;&s;ions <NOTE PLACE="marg">Good Be|haviour.</NOTE> cau&s;e to be bound to the good Beha|viour, &s;uch as &s;hall rai&s;e fal&s;e Hue-and Cry without any cau&s;e.</P>
<P N="2">2. If any Felony be done, any Ju|&s;tice of Peace may command Hue-and-Cry to be made after the Felon; and if he perceive Neglect in any Officer of his duty herein, he may bind him, or cau&s;e him to be bound at the Se&s;&s;ions, to the good Behaviour. And &s;o upon any Hue-and-Cry rai&s;ed by others, if the Ju&s;tice have Information upon Oath of any Neglect in the following of it by any Officer, this is cau&s;e enough for a Ju&s;tice to have the Officer bound to his good Behaviour, and to appear at the next Se&s;&s;ions to an&s;wer his Neglect. See 27 <HI>Eliz.</HI> 13.</P>
</DIV3>
<DIV3 N="25" TYPE="section">
<PB N="54" REF="32">
<HEAD>SECT. 25. Of Hunters, Hawkers, Fowlers, and Hunting, Hawking, Fowling.</HEAD>
<P>AS to the&s;e things, the Ju&s;tice of Peace his power out of Se&s;&s;ions is thus;</P>
<P N="1">1. If any man Hunt or Hawk with <NOTE PLACE="marg">Hawking in Corn.</NOTE> Spanniels in the Corn of another mans, before it be &s;hocked, without his con|&s;ent; In this ca&s;e any one Ju&s;tice of Peace may examine the matter, if it hath not been before heard and deter|mined in the Se&s;&s;ions; and if he <GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> cau&s;e, bind over the party offending <NOTE PLACE="marg">Bind over.</NOTE> with good Sureties, to appear at the next Se&s;&s;ions, to an&s;wer the offence, and to pay the penalty, or receive the puni&s;h|ment appointed by the Act of 23 <HI>Eliz.</HI> 10.</P>
<P N="2">2. If any man Hawk at, or kill, any Phea&s;ant, or Partridge, with any Hawk, or Dogg, between the fir&s;t day of July, and the la&s;t day of Augu&s;t; In this ca&s;e any two Ju&s;tices of the Peace of the County wherein the offender dwells, or is apprehended, may within &s;ix moneths of the offence done, upon proof thereof by the Oath of two witne&s;&s;es before him,
<PB N="55" REF="32"> be committed to the Common-Goal of the place where he is &s;o Convicted for a moneth without bayl, unle&s;&s;e he forth|with pay to the Church-Wardens or Over&s;eers of the place 40 s. for every time he &s;o hawketh, and 20 s. for every Phea&s;ant and Partridg &s;o killed; But he may not puni&s;h it after the &s;ix moneths. 7 <HI>Iac.</HI> 11.</P>
<P N="3">3. As to him that humeth Deer, or Conies in any Parks, Forre&s;ts or War|rens, in the night di&s;gui&s;ed; In this ca&s;e any one Ju&s;tice of Peace upon complaint to him made thereof, may &s;end his Warrant to the Sherift, or any Bayliff or other Officer within the County, to arre&s;t and bring the offender before him to be examined, and may examine him. If he deny it, it is Felony, and then the Ju&s;tice is to pro&s;ecute it as a Felony. But if he con&s;e&s;&s;e it, he is onely to bind him over to appear at the Se&s;&s;ions, where he is to be &s;ined for it. 3 <HI>H.</HI> 7. 7. And if any man purpo&s;ely de&s;troy or take Partridges or Phea&s;ants in the night; Any one Ju&s;tice of Peace upon the bare Examination of the party offending, may, if he &s;ee cau&s;e to &s;u&s;pect him, bind him with good Sureties in a Recognizance, to appear at the next Se&s;&s;ions, to an&s;wer the offence, and to pay the penalty of the Statute. Upon 23 <HI>Eliz.</HI> 20. But there being no way
<PB N="56" REF="33"> given to the Ju&s;tice to convict the of|tender, he cannot levy the penality.</P>
<P N="4">4. If any one not qualified, by hav|ing 10 l. a year of his own Inheri|tance, or 30 l. of his own Free-hold, or 200 l. in goods, or is elde&s;t &s;on to a Knight, or to a greater man, &amp;c. &s;hall keep any Gray-hound, Dogg, or Nett, to take Partridges, or Phea&s;ants, Any two Ju&s;tices in this ca&s;e, upon &s;u&s;pition hereof, may &s;end their Warrant to &s;earch in places they &s;u&s;pect, for them, and give the Searchers power if they find any, to kill the doggs, and tear the Netts. And may al&s;o upon the confe&s;|&s;ion of the party, or proof of the thing by two Witne&s;&s;es, &s;end him to Goal for three moneths, unle&s;&s;e he will forthwith pay to the Church-Wardens of the place where, &amp;c. the forfeiture of 40 s. Upon 1 <HI>Iac.</HI> 27. And if any &s;uch un|qualified per&s;on kill or de&s;troy any Phea&s;ants or Partridges by night or day. by Nets or otherwi&s;e, any two Ju&s;tices upon his confe&s;&s;ion thereof, or oath of one witne&s;&s;e, may &s;end him to the Goal for a moneth, unle&s;&s;e he forthwith pay to the Church-Wardens or Over&s;eers of the Poor, where, &amp;c. 20 s. for every Phea&s;ant and Partridge. upon 7. <HI>Iac.</HI> 11.</P>
<P N="5">5. If any kill, hunt, or take away any red, or fallow Deer in any Porre&s;t,
<PB N="57" REF="33"> Cha&s;e, Park, or other inclo&s;ed ground, without con&s;ent of the owner, or &s;hall be ayding or a&s;&s;i&s;ting therein; any, one or more Ju&s;tices of the Peace, upon the confe&s;&s;ion of the party, or oath of one witne&s;&s;e, (which the Ju&s;tice may give) &s;hall forfeit 15 l. half to the Informer, and half to the Poor of the place; which the Ju&s;tice may by Warrant under his hand levy by way of di&s;tre&s;&s;e, and &s;ale of goods. And for want of di&s;tre&s;&s;e, the offender to be committed for 12 moneths without Bayl. The offender mu&s;t be puni&s;hed within three moneths of the offence done. And he that is puni&s;hed on this Law, may not be puni&s;hed upon any other Law. Act. 24. July, 1651.</P>
<P N="6">6. If any man buy or &s;ell any wilde Partridge, Phea&s;ant, Deer, or Hare, Any two Ju&s;tices of the place where, &amp;c. or where, &amp;c. upon the Confe&s;&s;ion of the party, or Oath of two Witne&s;&s;es, may Commit him to Goal for three moneths without bayl, unle&s;s he forthwith pay to the the Church-Wardens of the place where, &amp;c. 40 s. for every Deer, 10 s. a Hare or Paritridge, and 20 s. a Phea&s;ant; or untill he enter into a Recognizance of 20 l. with two Sureties, never to do &s;o again.</P>
<P N="7">7. If any &s;hoot at, with Gun or Bow, or doth kill by Nets, or other engines, <NOTE PLACE="marg">Guns.</NOTE> a Hare, Paritridge, Phea&s;ant, Pigeon,
<PB N="58" REF="34"> Hearn, Mallard, Duck, Teal, or any &s;uch Fo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l; or taken the Eggs of a <NOTE PLACE="marg">Eggs of Phea&s;ants, Paritridges, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">c.</NOTE> Phea&s;ant, Partridge, or Swan, or doth trace a Hare in the Snow; Any two Ju&s;tices of the Peace where, &amp;c. or where, &amp;c. may commit him to Goal, (as in the la&s;t ca&s;e) till he pay 20 <HI>s.</HI> for every Phea&s;ant, Partridge, Pigeon, or other Fowl; 20 <HI>s.</HI> for every egge &s;o taken; and 20 <HI>s.</HI> for every Hare &s;o tra|ced. Upon 1 <HI>Iac.</HI> 27. 3 <HI>Iac.</HI> 13.</P>
</DIV3>
<DIV3 N="26" TYPE="section">
<HEAD>SECT. 26. About Impri&s;onment, Arre&s;t, and Commitment</HEAD>
<P>AS to this, the&s;e things are to be known;</P>
<P N="1">1. That the Ju&s;tice of Peace mu&s;t <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> take very great care, that he do not give Warrant to arre&s;t or impri&s;on, or to &s;end to the Goal or Bride-well, any man in any cau&s;e, but where he hath a clear authority &s;o to do, either by the Common-Law, as in the Ca&s;es of Fe|lony, the Peace, and Good Behaviour, or the like; o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> by the expre&s;&s;e words of &s;ome Statute-Law, and therein al&s;o with good advice. He mu&s;t be &s;ure there is a power of Commitment to pri|&s;on in the Ca&s;e well given to him.</P>
<P N="2"><PB N="59" REF="34">2. He mu&s;t be &s;ure al&s;o, that this power to commit to Pri&s;on, &amp;c. is gi|ven to the Ju&s;tices: For if there be a power of Commitment, as there is by &s;ome Statutes. that do &s;ay an offender &s;hall be committed, but it doth not &s;ay by whom; we conceive it dangerous in this ca&s;e, for any Ju&s;tice or Ju&s;tices, but in a Se&s;&s;ions-way, and by an Act of the Court, to give Warrant to commit him.</P>
<P N="3">3. He mu&s;t be &s;ure (if it be one Ju|&s;tice that doth it) that the power is gi|ven to one Ju&s;tice alone to do it. For if power be given to two or more Ju&s;tices to commit a man to pri&s;on, and one Ju&s;tice alone doth it; this is an unlaw|full Impri&s;onment: or which an Action may lye again&s;t the Ju&s;tice.</P>
<P N="4">4. He mu&s;t take care in his Com|mitment, that he do pur&s;ue the order and direction that the Law gives there|in: <HI>(Viz)</HI> Where he is to commit to pri&s;on, he may not commit to the the Stocks, or to Bride-well. And &s;o on the other &s;ide; for if he &s;o do, the Com|mitment to that place is unlawful. And &s;o for the time, where the Law gives him power to commit for three dayes, and he commit of three weeks, this is an unlaw<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ll Impri&s;onment; ye<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> per|hap unla<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">full for the three dayes al&s;o.
<PB N="60" REF="35"> But where a Statute gives power to a Ju&s;tice or Ju&s;tices to commit indefinite|ly, and doth not &s;ay for what time, <NOTE PLACE="marg">Se&s;&s;ions.</NOTE> there they may commit accordingly. And in &s;uch ca&s;es, the Ju&s;tices u&s;e at the Se&s;&s;ions to di&s;charge &s;uch pri&s;oner according to their di&s;cretion.</P>
<P N="5">5. Any Ju&s;tice of Peace may com|mit a man that &s;tands indicted for a Felony, or a man he doth &s;u&s;pect of Felony. But for this, &s;ee <HI>Felony.</HI> Sect. 16. of this Chapter.</P>
<P N="6">6. For Commitments to Pri&s;on by the Ju&s;tice for particular offences, &s;ee in the Title it &s;elf.</P>
</DIV3>
<DIV3 N="27" TYPE="section">
<HEAD>SECT. 27. About Incontinency.</HEAD>
<P>AS to this, the&s;e things are to be known of the Ju&s;tices power out of the Se&s;&s;ions;</P>
<P N="1">1. As to &s;uch as keep, or haunt Baw|dy-hou&s;es, <NOTE PLACE="marg">Good Be|haviour.</NOTE> or are &s;u&s;pected to be lewd and Incontinent; that in this ca&s;e a Ju&s;tice of Peace may upon good Infor|mation hereof, upon the oaths. of cre|dible <NOTE PLACE="marg">Bawdry.</NOTE> per&s;ons by his Warrant &s;end for &s;uch per&s;ons, and bind them to the good
<PB N="61" REF="35"> Behaviour; or if they refu&s;e to give Sureties, he may &s;end them to Go<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l till they do.</P>
<P N="2">2. Any one Ju&s;tice of Peace may al|&s;o bind to the good Behaviour the Pu|tative <NOTE PLACE="marg">Putative Father of a Ba&s;tard-Child.</NOTE> father of &s;uch a Ba&s;tard-Child as is like to be chargeable to any Pari&s;h. And this before or after the Birth of the Child. But this is be&s;t to be done upon Information upon Oath of &s;ome other be&s;ides the woman with child, that the man is &s;u&s;pect for Incontinency: for there is no Statute to enable the Ju|&s;tice &s;o to do; nor may he (as we con|cerve) do it, and ju&s;tifie it upon any other account. See Chap. 7. Sect. 6. Numb. 39.</P>
<P N="3">3. It is al&s;o conceived as clear, That any one Ju&s;tice of Peace may before or <NOTE PLACE="marg">Good Be|haviour.</NOTE> after the Birth of a Ba&s;tard-child, bind to the good Behaviour any one that &s;hall have any hand in the &s;hifting away of the putative Father or Mother of a Ba|&s;tard-child, whereby it may be left to the cha<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ge of a Pari&s;h. But the bind|ing in both the&s;e ca&s;es, mu&s;t be d<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;cre|tional Acts in the Ju&s;tices by the Com|mon-Law, and not grounded upon the Statutes.</P>
<P N="4">4. There mu&s;t be two Ju&s;tices of the <NOTE PLACE="marg">Ba&s;tard-Child.</NOTE> Peace, (and one of them of the <HI>Quo|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">um)</HI> to take cour&s;e, and make orders
<PB N="62" REF="36"> for the relief of the Ba&s;tard, ea&s;e and &s;afety of the Pari&s;h, corporal puni&s;h|ment of the Mother and reputed fa|ther, and to commit them to pri&s;on, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ill they obey the &s;ame Order, or ap|peal to the Se&s;&s;ions. Or if they do ap|peal to the Se&s;&s;ions, (as they may) then there mu&s;t be two &s;uch Ju&s;tices to bind them to appear there, and to &s;tand to the Order of the Se&s;&s;ions, (if it make any) otherwi&s;e to the Order that the two Ju&s;tices of Peace hath made. For one Ju&s;tice alone may not do either of the&s;e things. But that the Ju&s;tices be not mi&s;taken in the making of this Or|der, and the exerci&s;e of their power up|on this Statute, they are to know the&s;e things: 1. This Order mu&s;t be made by two Ju&s;tices, and one of them mu&s;t be of the <HI>Quorum;</HI> and it cannot be done by one, or by two, and neither of them of the <HI>Quorum.</HI> Al&s;o &s;ome make que&s;tion, if it may be done by more then two Ju&s;tices. See <HI>Steel's</HI> Report. 114. 2. It is nece&s;&s;ary they be the neare&s;t or next Ju&s;tices to the place where the Pari&s;h to be relieved is, but it may be made by any two &s;uch Ju&s;ti|ces of the County. See <HI>Steel's</HI> Rep. 154. 245. 246. 3. This Order mu&s;t be made at a private meeting. And therefore &s;uch an Order made at the Quarte-Se&s;&s;ions, is not good, but ille|gally made; a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d all the p<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">oceeding thereupon will be al&s;o illegall. <HI>Stile's</HI>
<PB N="63" REF="36"> Rep. 475. 4. It mu&s;t be made about a Ba&s;tard-Child. And therefore an Order made again&s;t a man in the&s;e words, [That he &s;hall keep his reputed child,] not expre&s;&s;ing, [Whether it be a ba&s;tard-child, or not] is held to be naught. <HI>Stiles</HI> Rep. 154. 5. It mu&s;t be made again&s;t the per&s;on that is &s;u&s;pect to have the ba&s;tard-child, and not an|other per&s;on. And for this, An Order made by the two Ju&s;tices of Peace, that another man &s;hould contribute to the half charge of the keeping of the child, becau&s;e he had &s;uffered a Soul|dier to get it upon his Maid, was held to be void. <HI>Steeles</HI> Rep. 267. 6. The Order mu&s;t be pur&s;uing the Act of Parliament to this effect, to &s;ave the Pari&s;h harmle&s;&s;e, or to &s;ecure it from the charge of the child. Or to keep the child. And therefore it hath been ruled, That an Order to pay money weekly, towards the keeping of the ba|&s;tard-child, is not good, <HI>Steel's</HI> Rep. 14. 386. 7. This Security mu&s;t be given to the Pari&s;h where the ba&s;tard-child is born, and it mu&s;t a Pari&s;h within the County, where the two Ju&s;tices of Peace have power <HI>Steel's</HI> Rep. 14. 368. 8. The Order mu&s;t expre&s;&s;e how long, and a certain time; that the reputed Father is to keep the child, or to &s;ecure the Pari&s;h. <HI>Steel's</HI> Rep 154. And the Order is plainly to expre&s;&s;e all the&s;e things; Or el&s;e it will no: be
<PB N="64" REF="37"> good: but being removed into the Up|per-Bench, will be qua&s;ht for in&s;uffi|ciency. 9. This Order being made, we do not conceive what the Ju&s;tices of Peace can do more upon this Act, out of their Quarter-Se&s;&s;ions; but what is expre&s;t in the Act of 18. <HI>Eliz.</HI> 3. 10. It is made a que&s;tion, Whether the Ju&s;ti|ces upon this Law, may examine upon oath? And as to this, we do conceive, that they may (if they plea&s;e) examine without Oath, and thereupon ground their Order; and this will be good enough: Or perhaps they may examine upon Oath; for the matter about which it is, being Incontinency, it is within their Connu&s;ance; and that about which they take Informations upon Oath, and for which they bind to the good Behaviour. See Chap. 7. Sect. 6. For the power of &s;ending the woman to the hou&s;e of Correction, is <NOTE PLACE="marg">Bridewell.</NOTE> onely in the Se&s;&s;ions, and was appointed by 7 <HI>Iac.</HI> 4. And therefore could not be intended by that of 18 <HI>Eliz.</HI> 3. And we take it, that no puni&s;hment can be intended therein, but the binding of them both to the good Behaviour, and to appear at the Se&s;&s;ions: which for <NOTE PLACE="marg">Good Be|haviour.</NOTE> Incontinency they might do by the Common-Law.</P>
<P N="5">5. But now by 7 <HI>Iac.</HI> 4. it is &s;aid, That for a lewd woman that hath had a Ba&s;tard-Child that may be charge|able
<PB N="65" REF="37"> to the Pari&s;<GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> That two Ju&s;tices of Peace may out of Se&s;&s;ions &s;end her to the Hou&s;e of Correction. But there <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> being no way of Conviction before the Ju&s;tice, or how they may be a&s;&s;u|red of the matter of fact, we think it not &s;afe for any Ju&s;tices of the Peace to do this out of the Se&s;&s;ions, &s;ee Chap. 7. Sect. 6.</P>
<P N="6">6. We know nothing that the Ju&s;ti|ces of the Peace can do out of Se&s;&s;i|ons upon the Act of 10th of <HI>May,</HI> 1650. again&s;t <HI>Ince&s;t,</HI> &amp;c. &s;ave onely in the ca&s;e of Fornication, any one of the <NOTE PLACE="marg">Fornica|tion.</NOTE> Ju&s;tices of the Peace before whom the Conviction &s;hall be had, may take the Recogni&s;ance of the offender for the good Behaviour for a year; the which he mu&s;t give, before he can be delivered after his three moneths Im|pri&s;onment.</P>
</DIV3>
<DIV3 N="28" TYPE="section">
<PB N="66" REF="38">
<HEAD>SECT. 28. About Innes, Ale-hou&s;es, Taverns, Victualling-hou&s;es; And Inne-keepers, Ale-hou&s;e-keepers, &amp;c.</HEAD>
<P>AS to all the&s;e things, this fir&s;t of <NOTE PLACE="marg">Inne-kee|per.</NOTE> all is to be known;</P>
<P N="1">1. That any one that will may erect and keep up an Inne, for the Entertain|ment <NOTE PLACE="marg">Lycen&s;e.</NOTE> of &s;trangers onely, without any Li|cen&s;e of the Ju&s;tices of the Peace. But if an Inne-keeper will &s;ell Ale, Beer, or Cyder by retail, in his hou&s;e, or will entertain others be&s;ides &s;trangers|in any ca&s;e there to be drinking or eating for money; in this ca&s;e he mu&s;t have a Licen&s;e from the Ju&s;tices. <HI>Re|&s;olution of the Iudges, 22 Iac. Hut|ton's Report.</HI> 99.</P>
<P N="2">2. The Ju&s;tices of the Peace cannot in, or out of their Se&s;&s;ions, put down an Inne, or di&s;charge an Inne-keeper from &s;elling of Ale, Beer, &amp;c. although the man be unfit, the place inconve|nient, or he keep di&s;order. But he and his hou&s;e mu&s;t be &s;uppre&s;&s;ed by <NOTE PLACE="marg">Indict|ment. Common Nu&s;ance.</NOTE> way of Indictment again&s;t it, as a Com|mon Nu&s;ance at the A&s;&s;izes or Se&s;&s;ions. And if an Indictment be again&s;t a man
<PB N="67" REF="38"> for keeping of all order onely, the Judg|ment mu&s;t he to di&s;able him onely as to that Inne. But another man may keep and continue it an Inne &s;till. <HI>Hut|ton's</HI> Rep. 100.</P>
<P N="3">3. The Ju&s;tices may at their plea|&s;ure &s;tint the number of their Ale-hou&s;es. But they may not &s;tint the num|ber of Innes. Nor is there any way to &s;uppre&s;&s;e or re&s;train the Innes &s;o likely, as to hold them to the &s;trict ob|&s;ervance of the Lawes for the A&s;&s;ize, and again&s;t Tipling, made <HI>1 Iac. 9. 4 Iac. 4. 1 Car.</HI> 4.</P>
<P N="4">4. A di&s;ability of an Inne-keeper cannot be for three years, upon the <NOTE PLACE="marg">Di&s;ability.</NOTE> Statutes of 21 <HI>Iac.</HI> 1.</P>
<P N="5">5. Vintners that keep Innes and Vi|ctualling-hou&s;es, are to be bound by the Statutes of <HI>1 Car. 4. 1 Iac. 9.</HI> and 4. <HI>Iac.</HI> 1. as to Tipling, and the other offences named in tho&s;e Statutes. But the other Statutes made again&s;t Ale-hou&s;e-keepers, do not bind Vintners or Inne-keepers, unle&s;&s;e they be named in the Statute. And therefore they are <NOTE PLACE="marg">Victuallers</NOTE> not taken to be included within 5 and 6 <HI>Ed.</HI> 6. 25.</P>
<P N="6">6. The Quarter-Se&s;&s;ions, or any two Ju&s;tices, one of them of the <HI>Quorum,</HI> (out of Se&s;&s;ions) may put down Ale-hou&s;es at their plea&s;ure. Upon 5. and 6 <HI>Ed.</HI> 6. 25.</P>
<P N="7">7. Victuallers and Ale-hou&s;e-keepers, and &s;uch like Trade&s;men, may buy and
<PB N="68" REF="39"> &s;ell again in their hou&s;es by way of Re|tail, and not be under the penalty of the Lawes made again&s;t Fore&s;talling, <NOTE PLACE="marg">Fore&s;tall|ing, &amp;c.</NOTE> &amp;c. 5 <HI>Ed. 6. 14. 13 Eliz.</HI> 25.</P>
<P>2. As to him that doth u&s;e to &s;ell <NOTE PLACE="marg">Selling without Lycen&s;e.</NOTE> Ale, Beer, Cyder, or Perry, by Retail, without Licen&s;e, except in Fairs at Fair-time; In this ca&s;e any one Ju&s;tice of Peace may upon his own view, the offenders confe&s;&s;ion thereof, or upon the proof thereof by the oath of two Wit|ne&s;&s;es; for the fir&s;t offence, &s;end his Warrant to the Con&s;tables and Church-Wardens of the place where the offence is done, to levy of the offender's goods 20 s. to the u&s;e of the Poor of the place where the offence is done by di|&s;tre&s;&s;e, and after three dayes pa&s;t, by &s;ale thereof rendring the over-plus. And for lack of di&s;tre&s;s and payment there|of in &s;ix dayes, he may &s;end his War|rant to the Con&s;table; to command him to &s;ee the offender to be openly whip|ped. And for the &s;econd offence, the Ju&s;tice of Peace may by his Warrant &s;end him to Bridewell for a moneth. And for the third offence, he may &s;end him to the Bridewell till the Se&s;&s;ions di&s;charge him. And if the Officer <NOTE PLACE="marg">Officer.</NOTE> neglect his duty in this; The Statute doth give the Ju&s;tice of Peace power to &s;end him to the Goal till he pay the 40 s. Forfeiture to the poor, or to cau&s;e him to be whipped. 3 <HI>Car.</HI> 3. But the
<PB N="69" REF="39"> Statute doth not &s;ay how the Officer is to be convicted of this offence; and <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> therefore it is not &s;afe for the Ju&s;tice of Peace out of the Se&s;&s;ions, to act again&s;t the Officer upon this branch of the Statute. But to have him puni&s;hed in the Se&s;&s;ions upon the Common-Law. See the <HI>Warrant</HI> for this in the <HI>Cabinet,</HI> Chap. 12. Sect. 10. and Ch. 7. Sect. 6. But upon 5 and 6 <HI>Ed.</HI> 6. 25. There mu&s;t be two Ju&s;tices to &s;end to pri&s;on him that &s;o &s;elleth Ale, Beer, &amp;c. (but in a Town in the Fair-time) again&s;t the Ju&s;tices of Peace order, or without Licen&s;es of the Ju&s;tices fir&s;t had either in their Se&s;&s;ions, or (at lea&s;t) of two of them, and one of them of the <HI>Quorum,</HI> out of Se&s;&s;ions, there to remain in pri|&s;on for three dayes without bayl; and after, till he enter into Recogni&s;ance with two Sureties, never &s;o to do again. And to certifie the offences and Recog|ni&s;ance to the Se&s;&s;ions, to make the of|fender liable to the Fine of 20 s. But <NOTE PLACE="marg">Caveat to the Ju&s;ti|ces.</NOTE> we conceive this &s;ending to pri&s;on, not warrantable out of Se&s;&s;ions, upon this Statute, and that it is not &s;afe for two Ju&s;tices out of the Se&s;&s;ions, to &s;end out &s;uch a Warrant. For there is no way to convict the offender. Of his offence &s;et down by the Act. See Chap. 7. Sect. 6.</P>
<P>3. As to the Inne-keeper, Ale-hou&s;e-keeper, <NOTE PLACE="marg">Tipling &s;uffered by the Inne-keeper.</NOTE> Taverner, or Victualler, that
<PB N="70" REF="40"> doth &s;uffer any one of the &s;ame, or of another Pari&s;h to &s;it Tipling in his hou&s;e. In this ca&s;e any one Ju&s;tice of Peace may upon his own fight hereof, or the confe&s;&s;ion of the offender, or the proof thereof by the oath of one wit|ne&s;&s;e, (which he may admini&s;ter) con|vict him of it. And after this Con|viction, he is to give notice of it to the Con&s;tables or Church-wardens of the place where the offence is done, and call upon them to do their office there|in, which is to levy of the offender's goods 10 s. forfeiture for the offence, to the u&s;e of the poor of the place where, &amp;c. by way of di&s;tre&s;&s;e of goods, and after &s;ix dayes by &s;ale thereof rendring, &amp;c. And if it be not paid, or there be no di&s;tre&s;&s;e to be had, the Con&s;tables or Church-Wardens that had the notice, they are to certifie the &s;ame to any one of the Ju&s;tices of the Peace, And thereupon the &s;ame Ju&s;tice of Peace may &s;end his Warrant to commit the offender to Goal, till he pay the &s;ame forfeiture. And al&s;o to give him no|tice, That he is di&s;abled for three years to keep any Ale-hou&s;e again. And if the&s;e Officers do not levy the money, <NOTE PLACE="marg">Officers.</NOTE> nor certifie the lack of di&s;tre&s;&s;e, or non-payment, within 20 dayes to the Ju&s;tice of Peace; The Statute &s;aith, That the Ju&s;tice of Peace by Warrant under his hand and &s;eal &s;hall levy 40 s. pe|nalty <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">pon them by way of di&s;t<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e&s;&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">
<PB N="71" REF="40"> of goods. And this di&s;tre&s;&s;e to be de|tained &s;ix dayes, then prized and &s;old, rendring, &amp;c. And for lack of &s;uch di&s;tre&s;&s;e, the &s;ame Officers to be &s;ent by the &s;ame Ju&s;tice to the Goal, till they pay their forfeiture. But doth not &s;ay how the Con&s;table or Church-Wardens &s;hall be convicted of this of|fence. And therefore the Ju&s;tice may <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> not &s;end &s;uch a Warrant to levy it; but this puni&s;hment may be inflicted by the Ju&s;tices of the Peace in their Quarter-Se&s;&s;ions again&s;t the Officers for their neglect, by the general power of Oyer and Terminer given to them by the Act. Al&s;o the Ju&s;tices in this ca&s;e mu&s;t take heed of &s;ending their War|rant again&s;t the Inne-keeper &amp;c. for the 10 s. For the Con&s;table and Church-Wardens are by their Office to do it without Warrant. 1 <HI>Iac. 9. 21 Iac. 7. 1 Car. 4. 3 Car.</HI> 3. See Chap. 7. Sect. 6. Que&s;t. 19.</P>
<P>4. As to the Inne-keeper, Ale-hou&s;e-keeper, <NOTE PLACE="marg">A&s;&s;ife.</NOTE> Vintner, &amp;c. that &s;hall &s;ell le&s;&s;e then one quart of the be&s;t, and two quarts of the &s;mall Ale or Beer for a penny; In this ca&s;e any one Ju&s;tice of the Peace may upon his own &s;ight of it, the confe&s;&s;ion of it by the party, or proof thereof by the oath of one Wit|ne&s;&s;e, (which he may admini&s;ter) con|vict him of it, and after his conviction, proceed again&s;t him, as he is to do in
<PB N="72" REF="41"> the la&s;t ca&s;e before again&s;t the Ale-hou&s;e-keeper, for &s;uffering tipling in his hou&s;e. And &s;o al&s;o again&s;t the Officers throughout. 1 <HI>Iac.</HI> 9. 21 <HI>Iac.</HI> <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> 7. 1 <HI>Car.</HI> 4. with the &s;ame Caveat as in the la&s;t. See for the <HI>Warrant</HI> in the <HI>Cabinet,</HI> Chap. 12. Sect. 6.</P>
<P>5. As to him that is drunk; In this <NOTE PLACE="marg">Drunken|ne&s;&s;e.</NOTE> ca&s;e any one Ju&s;tice of Peace may upon his own view, or the offenders confe&s;|&s;ion thereof, or proof by the oath of one witne&s;&s;e, convict him. And for the fir&s;t offence, he may within a week after the conviction, &s;end his Warrant to the Con&s;table of the place where, &amp;c. to levy of the offenders goods to the u&s;e of the poor, &amp;c. 5 s. if it he not paid in within a week after the Conviction, by way of di&s;tre&s;&s;e, and &s;ale of goods, &amp;c. And for lack of di&s;tre&s;&s;e, the offender is to be put in the Stocks &s;ix hours. And <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> albeit there is no expre&s;&s;e power by the Act given to the Ju&s;tice, nor to any others to do this. Yet it is conceived, that the Ju&s;tice may &s;afely do it. And therefore that he may &s;afely follow my Pre&s;idents in the <HI>clark's Cabinet</HI> here|in, to make his Warrant forth in this ca&s;e to do it. For the words of 4. <HI>Iac.</HI> 5. are, That if the offender lack a di|&s;tre&s;&s;e, he &s;hall be commited to the Stocks &s;ix hours. But it doth not &s;ay the Ju&s;tice &s;hall commit him to the Stocks. Or that he &s;hall &s;end his War|rant
<PB N="73" REF="41"> to do it. But this mu&s;t (as it is conceived) be nece&s;&s;arily under&s;tood. For the <HI>Act</HI> of 21 <HI>Iac.</HI> 7. hath the&s;e words; That one Ju&s;tice may convict him, and the offender &s;hall be puni&s;hed as in the Statute is appointed. And if it be the. Ale-hou&s;e-keeper that is drunk, the Ju&s;tice is to give him no|tice, that he is di&s;abled for three years to keep an Ale-hou&s;e again. And for the &s;econd offence in any Drunkard, the Ju&s;tice of Peace is to put him to give two Sureties for his good Behaviour in a Recognizance of 10 l. And in this Statute there is the like Clau&s;e to puni&s;h the Officers neglect, as is in the two la&s;t before the third and fourth Num|ber. But no way of Conviction, ex|cept it may be by the parties own con|fe&s;&s;ion, upon the general words of 21 <HI>Iac.</HI> 7. in the beginning thereof. But <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> this being doubtfull, it is not &s;afe for the Ju&s;tice of Peace to grant his War|rant again&s;t the Officers for this. But to leave it to the Se&s;&s;ions. 4 <HI>Iac.</HI> 5. See the <HI>Warrant</HI> on this part in the <HI>Cabinet,</HI> Chap. 12. Sect. 3. But no Ju&s;tice of Peace can puni&s;h any man for this of|fence of Drunkenne&s;&s;e after &s;ix moneths is pa&s;t, after the offence is committed. See Chap. 7. Sect. 6. Numb. 24.</P>
<P>6. As to the Towne&s;man or Stran|ger that &s;hall be tipling in an Inne, <NOTE PLACE="marg">Tipling.</NOTE> Ale-hou&s;e, or Victualling-hou&s;e, and
<PB N="74" REF="42"> not invited by a Traveller, and during the Traveller's &s;tay there onely, and labourers, that are there for the con|veniency of their work, or one that is there for cau&s;e, to be allowed by two Ju&s;tices of the Peace; In this ca&s;e any one Ju&s;tice of Peace may upon his own view thereof, the confe&s;&s;ion of the party, or proof thereof by the oath of one wit|ne&s;&s;e, &s;end his Warrant to the Con|&s;tables of the place where, &amp;c. to levy of the offenders goods to the u&s;e of the poor, &amp;c. 3 s. 4 d. by way of di&s;tre&s;s and &s;ale, rendring, &amp;c. And for want of di&s;tre&s;&s;e, to &s;et him in the Stocks for four hours. And to give the Inne-keeper notice, that he is di&s;|abled, &amp;c. 4 <HI>Iac. 5. 21 Iac. 7.</HI> See the <HI>Warrants</HI> for the&s;e things in the <HI>Ca|binet,</HI> Chap. 12. Sect. 4.</P>
<P>7. No man is to be puni&s;hed twice for the &s;ame offence in any ca&s;e upon the&s;e Statutes. <HI>3 Car. 3.</HI></P>
<P>8. There mu&s;t be two Ju&s;tices, and <NOTE PLACE="marg">Licen&s;e.</NOTE> one of them of the <HI>Quorum,</HI> to give licen&s;e to any man out of Se&s;&s;ions, to &s;ell Ale, Beer, Cyder, or Perry, and to take his Recogni&s;ance for the keep|ing of good order; and this they mu&s;t certifie it into the Se&s;&s;ions, or for|feit five marks. Upon 5 and 6 <HI>Ed.</HI> 6. 25.</P>
<PB N="75" REF="42">
<P>9. There mu&s;t be two Ju&s;tices to <NOTE PLACE="marg">Licen&s;e.</NOTE> Licen&s;e Labourers and others to be in an Ale-hou&s;e tipling. Upon 1 <HI>Iac.</HI> 9.</P>
<P>10. There mu&s;t be two Ju&s;tices, and one of them of the <HI>Quorum,</HI> to di&s;|charge or put down an Ale-hou&s;e-kee|per at their own di&s;cretion. Upon 5 &amp; 6 <HI>Ed.</HI> 6. 25.</P>
<P>11. The oath of the party confe&s;|&s;ing he hath been tipling or drunk in an Ale-hou&s;e, &s;hall be &s;ufficient to convince the Ale-hou&s;e-keeper of his offence by &s;uffering tipling, &amp;c. 21 <HI>Iac.</HI> 7.</P>
<P>For Inne-keepers and Victuallers dre&s;&s;ing of meat in the Lent, &s;ee <HI>Lent.</HI></P>
</DIV3>
<DIV3 N="29" TYPE="section">
<PB N="76" REF="43">
<HEAD>SECT. 29. About a Libeller or Slanderer; and Libell, &amp;c.</HEAD>
<P>AS to this kind of offender, and his offence, which we take now to be clearly within the words of the <HI>Act</HI> again&s;t <HI>Challenges,</HI> forbidding all provoking Words and Ge&s;tures, and &s;o puni&s;hable thereupon by way of Indictment in the Se&s;&s;ions. But there is this more in it; As to one that hath his hand in the Contrivance, procuring, or publi&s;hing of a Libell, e&s;pecially if it be again&s;t a Magi&s;trate. Or one that doth u&s;e commonly libell|ing again&s;t others, or is a common Slanderer or Tale-bearer, and his Tales and Slanders are of dangerous con&s;equence, and do much mi&s;chief; In &s;uch a ca&s;e as this, any Ju&s;tice may doubtle&s;&s;e (out of the Se&s;&s;ions) take Informations hereof by good witne&s;&s;es again&s;t him; and if he find it &s;o, bind him to the good Behaviour, and to ap|pear <NOTE PLACE="marg">Good Be|haviour.</NOTE> at the Se&s;&s;ions; and if he refu&s;e to be bound, &s;end him to Goal till he &s;o do. See Chap. 3. Sect. 4,</P>
</DIV3>
<DIV3 N="30" TYPE="section">
<PB N="77" REF="43">
<HEAD>SECT. 30. About Licen&s;es.</HEAD>
<P N="1">1. ANy one Ju&s;tice of Peace dwell|ing near the place where any poor Mariner or other per&s;on <NOTE PLACE="marg">Mariner.</NOTE> having &s;uffered Shipwrack &s;hall land, may give a Te&s;timonial under his hand <NOTE PLACE="marg">Te&s;timo|niall.</NOTE> of his ca&s;e, and thereby licen&s;e him to pa&s;&s;e the next way to his place of birth, or la&s;t dwelling, and to ask relief as he goeth, and limit him a convenient time for it. upon 39 <HI>Eliz.</HI> 4. 17. 1 <HI>Iac</HI> 25.</P>
<P N="2">2. One Ju&s;tice may under his hand and Seal licen&s;e Labourers to go out of <NOTE PLACE="marg">Labourers.</NOTE> one into another Country, to work at Harve&s;t-work in the Harve&s;t-time. Up|on 5 <HI>Eliz</HI> 4.</P>
<P N="3">3. One Ju&s;tice may licen&s;e a man upon good cau&s;e, to travail, or to do <NOTE PLACE="marg">Lords-day.</NOTE> a work of mercy or nece&s;&s;ity on the Lords-day. Or to come in later on the Saturday night; or go out earlier on the Munday morning, than the Lawes do pre&s;cribe for this; or to grind at a Mill; or be in, go, or &s;end to, a com|mon Ale-hou&s;e, Wine-Tavern, To|bacco-hou&s;e; or to have, or u&s;e a Coach, Sedan, Hor&s;e-Litter, Boat, or Hor&s;e
<PB N="78" REF="44"> on this day. Upon the <HI>Act</HI> of 6th of April, 1654.</P>
<P N="4">4. There mu&s;t be two Tu&s;tices of the <NOTE PLACE="marg">Church-Wardens and Over-&s;eers to &s;et up a Trade for the Poor.</NOTE> Peace, and one of them of the <HI>Quo|rum,</HI> to give allowance and licen&s;e to Church-Wardens and Over&s;eers of the Poor of a Pari&s;h, to &s;et up a Trade there, for the better Relief of the Poor there. Upon 43 <HI>Eliz.</HI></P>
<P N="5">5. So to &s;et up an Ale-hou&s;e. See <NOTE PLACE="marg">To &s;ell Ale.</NOTE> <HI>Ale-hou&s;es.</HI></P>
<P N="6">6. Any two Ju&s;tices of Peace may licen&s;e poor people to travail to <HI>Bath</HI> or <NOTE PLACE="marg">To travail to Bath.</NOTE> <HI>Buxton</HI> for cure of their di&s;ea&s;es, at their own charge. Upon 5 <HI>Eiz.</HI> 4. But no Ju&s;tices can licen&s;e poor people to begg, but in the Ca&s;e before of a Mar|riner. <NOTE PLACE="marg">To begg.</NOTE></P>
<P N="7">7. There mu&s;t be two Ju&s;tices of the <NOTE PLACE="marg">Servants.</NOTE> Peace to licen&s;e Servants to depart out of their Ma&s;ters Service. Upon 5 <HI>Eliz.</HI> 4.</P>
<P N="8">8. There mu&s;t be &s;our Ju&s;tices to <NOTE PLACE="marg">Recu&s;ant.</NOTE> joyn with the Lievtenant, to licen&s;e a confined Recu&s;ant to go about any &s;pe|ciall bu&s;ine&s;&s;e. upon 3. <HI>Iac.</HI> 5. and 35 <HI>Eliz.</HI> 2.</P>
<P>See for <HI>Pre&s;idents</HI> of <HI>Licen&s;es</HI> in mo&s;t of the&s;e Ca&s;es, in the <HI>Cabinet,</HI> Chip. 2. 8.</P>
</DIV3>
<DIV3 N="31" TYPE="section">
<PB N="79" REF="44">
<HEAD>SECT. 31. About the Lords Day.</HEAD>
<P>AS to this thing, and the Ju&s;tices power herein out of the Se&s;&s;i|ons, the&s;e things are to be known.</P>
<P N="1">1. That as to &s;uch as u&s;e, or meet <NOTE PLACE="marg">Sports.</NOTE> for Bear-bayting, Bull-bayting, Enter|ludes, Common-Playes, or other un|lawfull pa&s;times what&s;oever in, or out of their own Pari&s;hes on the Lords Day. In this Ca&s;e, any one Ju&s;tice of the Peace, may upon his own &s;ight hereof, the Confe&s;&s;ion of the party, or the Oath of one witne&s;&s;e (which he may admini&s;ter) &s;end his warrant under his hand and Seal, to the Con&s;table or Church-Wardens of the place where, &amp;c. to levy of the goods of the Offen|der, by way of di&s;tre&s;&s;e and Sale thereof, rendring, &amp;c. the 3 s. 4 d. Forfeiture. The Act goeth further and &s;aith. That in default of Di&s;tre&s;&s;e, the Party Offen|ding be &s;et publiquely in the Stocks three hours. And the&s;e words, albeit they are &s;o penned that they are ambi|guous, whether they &s;hall be under&s;tood to be a part of the warrant to be made under the hand and Seal of the Ju&s;tice,
<PB N="80" REF="45"> or of a new power in ca&s;e of lack of di&s;tre&s;&s;e. And it is given to no body in certain, yet that the Ju&s;tice of Peace hath power to do it, and we conceive the Ju&s;tice may &s;afely make out his War|rant &s;o to do. And therefore in this (as to this branch) that he may &s;afely fol|low our Pre&s;ident in the <HI>Clarks Cabinet.</HI> chap. 4. <HI>Warrant</HI> 1. But no man may be puni&s;hed upon this Law of 1 <HI>Car.</HI> 1. unle&s;&s;e he be que&s;tioned for his offence within a Moneth after it is done. And the Ju&s;tice in this ca&s;e may (if he plea&s;e) reward the Informer with a third part of the Forfeiture. See chap. 7. Sect. 6. Numb. 24.</P>
<P N="2">2. As to &s;uch as u&s;e, or be at Wre&s;t|lings, Ringing of Bells for plea&s;ure, Ma&s;ques, Wakes, Church-Ales Dan|cing in their own, or in other Pari&s;hes on this day; In this Ca&s;e any one Ju|&s;tice of peace may upon his own view thereof, the confe&s;&s;ion of the party, or proof thereof by the oath of one Wit|ne&s;&s;e &s;end his Warrant under his hand and Seal to the Con&s;tables and Church-wardens of the place where, &amp;c. If he be above 14 years old (which the Ju|&s;tice in the taking of his information mu&s;t inform him&s;elf of) to levy of his goods by di&s;tre&s;&s;e, &amp;c. to the u&s;e of the poor of the place, &amp;c. 5 s. And if he be under 14 years of age, then &s;o to levy of the Governour of the Offender 12 d.
<PB N="81" REF="45"> And then the Act is penned further, in &s;uch like words, that the Offender &s;hall be put in the &s;tocks three hours, as the la&s;t Act was penned, and is likewi&s;e doubtfull. And therefore we here leave the &s;ame advi&s;e with the Ju&s;tice as we did in the former Ca&s;e, that he may give warrant to put in the Stocks for three hours. Act. 6th. of <HI>April,</HI> 1644. And to follow our Pre&s;ident in the <HI>Ca|binet</HI> herein. See chap. 7. Sect. 6. Here the Ju&s;tice may al&s;o if he plea&s;e, re|ward the Informer with a third part of the For&s;eiture. See in the <HI>Cabinet,</HI> a Warrant for it, chap. 4. Sect. 3.</P>
<P N="3">3. As to Carriers with Hou&s;es, <NOTE PLACE="marg">Carriers. Drovers of Cattle.</NOTE> Wains, or Carts, and Drovers of Cattle that Travell on this day; In this Ca&s;e any one Ju&s;tice of Peace may upon his own fight of it, the Con&s;e&s;&s;ion of the party, or proof of it by the Oath of two Witne&s;&s;es, &s;end his Warrant to the Con&s;tables or Church-Wardens, of the place where, &amp;c. to levy of the goods of the Offender 20 s. to the u&s;e of the poor of the place where, &amp;c. by way of di|&s;tre&s;&s;e and &s;ale thereof, rendring, &amp;c. upon 3. <HI>Car.</HI> 1. But no man is to be puni&s;hed upon this Law, unle&s;&s;e he be que&s;tioned for his offence within &s;ix Moneths after it is done. And here the Ju&s;tice may al&s;o, if he plea&s;e reward the Informer with a third part of the For|&s;eiture. See the Pre&s;ident for it, in
<PB N="82" REF="46"> the <HI>Clarks Cabbinet,</HI> Chap. 4. Sect. 4.</P>
<P N="4">4. As to Butchers that by them&s;elves <NOTE PLACE="marg">Butchers.</NOTE> or others kill, or &s;ell their meat on this Day. In this ca&s;e any one Ju&s;tice of Peace, may upon his own &s;ight thereof, the Con&s;e&s;&s;ion of the patry, or Oath of two Witne&s;&s;es &s;end his Warrant to the Con&s;tables and Churchwardens of the place where, &amp;c. to levy to the u&s;e of the poor of the place, of the Offenders goods 6 s. 8 d. by way of di&s;tre&s;&s;e and &s;ale thereof, &amp;c. upon 3. <HI>Car.</HI> 1. But no man is to be puni&s;hed upon this Law for his offence after the &s;ix months. And here al&s;o the Ju&s;tice may if he plea&s;e reward the Informer with a third part of the Penalty. See the War|rant in the <HI>Cabinet,</HI> Chap. 4. Sect. 5.</P>
<P N="5">5. As to &s;uch as Cry, &s;hew &s;orth, <NOTE PLACE="marg">Crying and &s;hewing of Wares.</NOTE> offer, or put to &s;ale any Goods, Wares, or Commodities, (except it he provi|&s;ion in an Inne, or Ale-hou&s;e, or milk in <HI>London)</HI> upon this day; the things are to forfeited; and any Church-wardens, Con&s;tables, or Over&s;eers of the poor, may without warrant from a Ju&s;tice of Peace &s;eize and &s;ecure them. Al&s;o any one Ju&s;tice of Peace may give a Warrant to any &s;uch Officers &s;o to do. Upon the Act of 6th of Aprill, 1644; and 19th of April, 1650. And now it
<PB N="83" REF="46"> is added, That any one Ju&s;tice of Peace upon proof of the offence by his own view, the confe&s;&s;ion of the party, or oath of witne&s;&s;e, may give order to &s;ell the goods, and give the money to the poor of the place where the goods were fir&s;t &s;eized. Or the Ju&s;tice, if he plea&s;e, may give the thirds thereof to the In|former, the re&s;t to the poor. But this new thing mu&s;t be done within a moneth after the offence is done, or it cannot now be done. Upon the new Act. 17th September, 1646. See in the <HI>Cabinet,</HI> a Pre&s;ident for it in the &s;ame place.</P>
<P N="6">6. As to &s;uch as Travail abroad on hor&s;eback, or on foot, without Licen&s;e <NOTE PLACE="marg">Travailers.</NOTE> of a Ju&s;tice of Peace on this day. Any one Ju&s;tice of Peace may upon his own &s;ight of it, the confe&s;&s;ion of the offen|der, or proof thereof by oath of one witne&s;&s;e, &s;end his Warrant under his hand and &s;eal to the Con&s;tables or Church-Wardens of the place where, &amp;c. to levy of the goods of the offender 10 s. to the u&s;e of the poor of the place where &amp;c. by way of di&s;tre&s;&s;e and &s;ale thereof, rendring, &amp;c. And then the Ordinance is further, That for lack of di&s;tre&s;&s;e, the offender &s;hall be put in the Stocks three hours. But the words be|ing doubtfully penned, (as we &s;hewed before) and that it may be &s;afe to put this clau&s;e, and to follow my Pre&s;ident for this in my <HI>Cabinet.</HI> Upon <HI>Ordinance</HI>
<PB N="84" REF="47"> of 6th of April, 1644. And here al&s;o the Ju&s;tice may (if he plea&s;e) give a third part of the forfeiture to the In|former.</P>
<P N="7">7. As to &s;uch as carry any Burdens, <NOTE PLACE="marg">Carrying of Bur|dens.</NOTE> or do any worldly work on this day; In this ca&s;e, any one Ju&s;tice of Peace. upon &s;ight hereof, the Con&s;e&s;&s;ion of the offender, or proof thereof by the Oath of one witne&s;&s;e, may &s;end his Warrant under his hand and Seal to the Con|&s;tables or Church-Wardens of the place where, &amp;c. to levy of the often|ders goods <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> s. to the u&s;e of the poor of the place where, &amp;c. by way of di|&s;tre&s;&s;e and &s;ale thereof, rendring, &amp;c. And this is by the &s;ame Ordinance of 6th of April, 1644. where the ca&s;e is the &s;ame, as in the la&s;t offence. And therefore the Ju&s;tice (we conceive) may here al&s;o u&s;e the Clau&s;e, of putting in the Stocks three hours. And here al&s;o the Ju&s;tice may (if he plea&s;e) give a third part of the Forfeiture to the In|former.</P>
<P N="8">8. As to the Travellers, Wagoners, <NOTE PLACE="marg">Time of coming in, and going out of the Inne Sa|turday nights.</NOTE> Butchers, Higlers, Drovers, and their Servants, that &s;hall come into their Inne Saturday night after 12 of the Clock, and go out Munday morning before one of the clock, without leave of a Ju&s;tice of Peace. And as for &s;uch as Dance, pro&s;anely &s;ing, drink, or tipple in an
<PB N="85" REF="47"> Inne, Tavern, Ale-hou&s;e, or Tobacco|hou&s;e, or is there, or doth grind at a Corn-Mill on this day, without leave of a Ju&s;tice of Peace; the travailer and Inne-keeper, and all the re&s;t forfeit 10 s. a piece. And as to them that execute any Writs, Orders, or War|rants (but in ca&s;e of Trea&s;on, Felony, Breach of the Peace, or profanation of <NOTE PLACE="marg">Serving proce&s;s.</NOTE> the Lords-day) upon this day; they forfeit 5 l. And as to them that u&s;e Coaches, Boats, Lighters, Hor&s;es, or <NOTE PLACE="marg">Going wi<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> Coaches, &amp;c.</NOTE> Sedans, but in ca&s;e of Gods Service, and for cau&s;e allowed by one Ju&s;tice of Peace on this day, they forfeit 10 s. for every offence. And all the&s;e Forfeitures in the&s;e four ca&s;es la&s;tly named, are by Warrant of one Ju&s;tice of Peace under his hand and &s;eal, to be levied of the goods of the offenders by di&s;tre&s;&s;e and &s;ale of their goods, &amp;c. And for lack of di&s;tre&s;&s;e, the offender is to be put &s;ix hours in the Stocks. But there is no <NOTE PLACE="marg">Caution to the Ju&s;ti|ces.</NOTE> way of Conviction of either of the&s;e offenders &s;et down by the <HI>Act.</HI> of 19th of April, 1650. And therefore we conceive, that no Ju&s;tice may grant his Warrant in either of the&s;e ca&s;es to levy the Forfeitures. But that it mu&s;t be done by the Ju&s;tices of the Peace in their Quarter-Se&s;&s;ions, if they have any <NOTE PLACE="marg">Se&s;&s;ions.</NOTE> power given to them therein by the Law; If not, it cannot be done at all.</P>
<P N="9"><PB N="86" REF="48">9. As to the common Brewers of Beer or Ale, the Soape-boyler, or di|&s;tiller <NOTE PLACE="marg">Brewers.</NOTE> of <HI>Aqua-vita,</HI> or hot-Waters, that &s;hall brew, or Tunne any Beer, or Ale; boyl or make any Soape, or di&s;till or make any <HI>Aqua-vita,</HI> or hot-waters on this day; In this ca&s;e any one Ju&s;tice of Peace may within three moneths after the offence committed, upon the confe&s;&s;ion of the party, or oath of one witne&s;&s;e, &s;end his Warrant to the Con&s;table of the place where, &amp;c. to levy of the offenders goods the dou|ble value of what is brewed, &amp;c. to the u&s;e of the poor of the place where, &amp;c. and of the Informer, by way of di&s;tre&s;s and &s;ale thereof, rendring, &amp;c. And for lack of di&s;tre&s;&s;e and non-payment thereof, to &s;end him to Bride-well for three moneths, and untill he pay it. See Chap. 7. Sect. 6. <HI>Ord.</HI> Exci&s;e, 17th Septemb. 1656.</P>
<P N="10">10. As to Books written again&s;t the <NOTE PLACE="marg">Books again&s;t the Day.</NOTE> Morality of this day, and to countenance the profanation thereof; In this ca&s;e any one Ju&s;tice of Peace may burn them him&s;elf, or cau&s;e them to be burnt by others. Upon <HI>Ord.</HI> 6th of April, 1644.</P>
<P N="11">11. All per&s;ons mu&s;t on this day ap|ply <NOTE PLACE="marg">How the Day is to be kept.</NOTE> them&s;elves to the Sanctification of it, by exerci&s;ing them&s;elves thereon in
<PB N="87" REF="48"> the duties of Piety and Religion, pub|likely and privately. Upon <HI>Ord.</HI> 6th of April, 1644. And this is added there|unto by the new Act, That if he be not allowed by &s;ome one Ju&s;tice of Peace to ab&s;ent him&s;elf, he is every Lords-day to re&s;ort to &s;ome Church, Chappel, or other convenient meeting-place of Chri|&s;tians, not di&s;tering in matters of Faith from the publike profe&s;&s;ion of the Na|tion, being the true Prote&s;tant Chri|&s;tian Religion, contained in the Holy Scriptures of the New and Old Te&s;ta|ment; under pain of 2 s. 6 d. The which any one Ju&s;tice of Peace, upon his own Sight, the confe&s;&s;ion of the party, or the Oath of one witne&s;&s;e, may by his Warrant cau&s;e to be levied of the offenders goods by way of di&s;tre&s;&s;e and &s;ale thereof, rendring, &amp;c. But nothing can be done upon this new <HI>Act</HI> of 17. Septemb. 1656, but what is done within a moneth after the offence is done.</P>
<P N="12">12. Any one Ju&s;tice may licen&s;e a <NOTE PLACE="marg">Licen&s;e.</NOTE> man to be ab&s;ent from Church, to tra|vail, or do worldly bu&s;ine&s;&s;e, to be in an Inne, or &s;uch like hou&s;e; to go ear|lier out of his Inne Manday morning, or come later into his Inne Saturday night; or to have a Coach, Hor&s;e-Litter, Boat, to travail and pa&s;le in it on this day. Upon the Lawes before-named.</P>
<P N="13"><PB N="88" REF="49">13. By the new Act of 17th of September, 1656, mo&s;t of all the offen|ces before named, are called a profa|nation of this day; and &s;ome others, as playing on In&s;truments, vain Sing|ing, Dancing, the going of Fulling-Mills, the working in the wa&s;hing, whi|ting, or drying of Cloaths, threed, or yarn; the &s;etting up, or burning of Turf or Beere, the gathering of Rates, except it be for the poor; the melting of Tallow and Wax by Chandlers, the baking by Bakers, the fitting and car|rying home of Cloaths by Taylors, the Trimming of men by Barbers; the keeping of Fairs and Markets, and vain and idle walking about in any place. And by this new Law, my one Ju&s;tice of Peace, in ca&s;e of any of the&s;e offences done, may upon his own &s;ight thereof, the Confe&s;&s;ion of the party, or oath of one witne&s;&s;e, &s;end his Warrant to the Con|&s;table of the place where, &amp;c. to levy of the offenders goods 10 s. by way of di&s;tre&s;&s;e, &s;ale, &amp;c. to the u&s;e of the poor of the place where, &amp;c. But no Conviction can be of any man for any offence within this Law, but what is made within a moneth after the offence done. And by this new Law, any one Ju&s;tice of Peace may within this moneths time after the offence, &s;end his Warrant to &s;earch for, di&s;cover, appre|hend and bring before him &s;uch per|&s;ons
<PB N="89" REF="49"> as he is informed, have profaned, or do profane the day in any of the par|ticulars before named. But here we <NOTE PLACE="marg">Caution.</NOTE> cannot but tell you, That the offences formerly named, of Travelling, carry|ing burdens, and doing worldly labours or work of their ordinary Calling, the keeping, u&s;ing, or being pre&s;ent at Wakes, Revells, wre&s;tlings, &s;hootings, leapings, ringing of Bells for plea&s;ure, Bowlings, Fea&s;ts, Church-ales, May-poles, Gaming, Bear-bayting, Bull|baiting, Butchers, and others, u&s;ing of their Trades, which were offences again&s;t other lawes, before the making of this Law, &s;eem all tobe comprehended within this time now by the words of this Law, as to this purpo&s;e are provided, That no per&s;on &s;hall be impeached or mole&s;ted for any offence within this <HI>Act,</HI> unle&s;&s;e he be thereof convicted within one moneth after the offence committed. And then it will follow, That as to all the&s;e offences newly named by this Act, they cannot be puni&s;hed by any of the former Lawes, but it mu&s;t be done within the moneth. And the Ju&s;tice of Peace mu&s;t therefore be wary what he doth herein, and take heed how he u&s;eth the Warrants we have advi&s;ed and drawn in the <HI>Clarks Cabinet,</HI> as touching the <HI>Lords-Day,</HI> that do not agree with the Advice now herein laid down, without very good Advice.</P>
</DIV3>
<DIV3 N="32" TYPE="section">
<PB N="90" REF="50">
<HEAD>SECT. 32. About Mault.</HEAD>
<P N="1">1. ANy one Ju&s;tice of Peace may direct the Con&s;table to &s;ell &s;uch deceitfull Mault, as he upon Search &s;hall find, at the price the Ju|&s;tice &s;hall &s;et down. Upon 2 <HI>Ed. 6. 10 27 Eliz. 14. 1 Iac. 25. 3 Car. 4. 21 Iac. 28.</HI></P>
<P N="2">2. There mu&s;t be two Ju&s;tices of the <NOTE PLACE="marg">Recogni|&s;ance.</NOTE> Peace to convict an offender by his own Confe&s;&s;ion, or the Te&s;timony of two witne&s;&s;es of his breach of a Se&s;&s;ions-Order made for the Re&s;traint of Maul|&s;ters, and to commit him to Goal three dayes, and after, till he become bound in a Recogni&s;ance of 40 l. to obey the Order. Upon 39 <HI>Eliz.</HI> 16.</P>
<P N="3">3. Any one Ju&s;tice of Peace alone may take the Recogni&s;ance of 40 l. mentioned in the la&s;t head. Upon 39 <HI>Eliz.</HI> 16.</P>
</DIV3>
<DIV3 N="33" TYPE="section">
<PB N="91" REF="50">
<HEAD>SECT. 33. About Ma&s;ters, Servants, and Apprentices.</HEAD>
<P N="1">1. ANy two Ju&s;tices of the Peace, <NOTE PLACE="marg">Speciall Se&s;&s;ions.</NOTE> (one of them being of the <HI>Quo|rum)</HI> may twice a year, between <HI>Mi|cha<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">mas</HI> and <HI>Chri&s;tmas,</HI> and <HI>Lady Day,</HI> and <HI>Iohn</HI> the <HI>Bapti&s;t,</HI> for three dayes at a time, keep a &s;peciall Se&s;&s;ions onely to enquire of the matters, and &s;everely to puni&s;h the offences again&s;t the Stat. of 5. <HI>Eliz.</HI> 4. about the Hiring, Keeping, De|parting, working, wages, and order of Servants, Workmen, Artificers, Appren|tices, and Labourers,. And the Ju&s;tices are to have each of them 5 s. a day out of the Forfeitures, for the time the Se&s;|&s;ions doth la&s;t, for their pains here|in.</P>
<P N="2">2. It is &s;aid that any one Ju&s;tice of Peace may out of Se&s;&s;ions upon this Law, do any one of the&s;e things following. 1. By the Agreement of the Ma&s;ter and his Apprentice, and by writing under the Ma&s;ters hand, di&s;charge the Appren|tice of his Apprenti&s;hip. 2. Allow of the cau&s;e of putting away of a Servant, but not of an Apprentice within his time 3. Hear and end any difference that
<PB N="92" REF="51"> &s;hall ari&s;e between the Ma&s;ter and his Servant, or Apprentice, about his not Serving being hired, his parting before his tinie be ended, or his misbehaviour in the time of his &s;ervice, and make an order herein between them. And if the Ma&s;ter will not obey it, bind him to ap|pear at the Se&s;&s;ions; and if the Servant or Apprentice refu&s;e to obey it, bind him to the good behaviour, and to appear there al&s;o. 4. Put in the Stocks for two dayes and one night &s;uch a one, as he in his di&s;cretion &s;hall think fit, and &s;hall command to wo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">k in the Harve&s;t time for the &s;aving of Corn or Hay. 5. Send to the Goal or hou&s;e of Correction, common Labourers that will not work for the wages &s;et down by the Ju&s;tices, and others that have nothing but their work to live by, and will not work for rea&s;onable wages. 6. Hear and end any difference between the Clothiers and their Workmen, Upon 4. <HI>Ed.</HI> 4. 1. 7. Send for and commit to ward him that refu&s;eth to &s;erve as an Apprentice according to 5 <HI>Eliz.</HI> 4.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices to do any of the&s;e following things. 1. To bind to the good behaviour, and to ap|pear at the Se&s;&s;ions, or to &s;end to the Bridewell &s;uch as having no ability to live by, but their work, and live out of Service, and have been by the Ju&s;tices limited to a time to put them&s;elves into
<PB N="93" REF="51"> Service and have not done it within the time. 2. To puni&s;h the Servant by Impri&s;onment that is retained according to, and in, the Trades named by the Sta|tute, and doth refu&s;e to &s;erve, till he give bond to &s;erve or to puni&s;h him &s;o for any mi&s;carriage in his Service, or to pu|ni&s;h him for his going away before his time be expired; or to puni&s;h him for. his going away without giving warning when his time is ended. 3. To impri|&s;on &s;uch Women above 12 years old, and under 40 years old, unmarried, as are compellable to &s;erve by the Statute, and refu&s;e to go to &s;ervice till they give bond to do it. 4. To lay the 40 s. Fine upon the Ma&s;ter<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> for putting away his Servant within his time, or at the end of his time, without giving of him a quarters warning. 5. To puni&s;h the Ma&s;ter by the 5 l. Fine, and Impri&s;on|ment ten dayes, for giving of more wa|ges then is &s;et down by the Ju&s;tice upon the Statute. And to impri&s;on the Ser|vant 21 dayes for the taking of that wa|ges. 6. To put in Pri&s;on for one year, or for le&s;&s;e time, the Servant that up|on his own Con&s;e&s;&s;ion or the oath of two witne&s;&s;es before them is proved to have made an A&s;&s;ray, or a&s;&s;ault on his Ma&s;ter, Mi&s;tre&s;&s;e, or Governour. 7. To inflict the Fine of Five pound upon the Ma&s;ter that retaineth the Servant without a Te&s;timoniall according to the Statute. 8. To commit him to Pri&s;on
<PB N="94" REF="52"> that doth hire a Servant for le&s;&s;e time then a year. 9. To impri&s;on a Labou|rer, and Fine him 5 l. for departing from the Work he hath undertaken a|gain&s;t the will of the Ma&s;ter, before he hath ended it.</P>
<P N="4">4. But our Advi&s;e to the Ju&s;tices of Peace herein is. That they be very <NOTE PLACE="marg">Caveat to the Ju&s;ti|ces.</NOTE> cautious what they do out of Se&s;&s;ions, the&s;e things upon this Statute, and that they u&s;e not &s;ome of my Warrants, as to this, I have given in the <HI>Clarks Cabinet.</HI> See chap. 7. Sect. 6. For there is a Clau&s;e in it. That every Retainer, and giving of wages, contrary to the true meaning of the Statute &s;hall be void. And there are few Retainers according to the Statute. Be&s;ides there is &s;ome doubt ei|ther in the power and way of Convicti|on of the Offender, or levying of the For&s;eiture for the Offence, upon mo&s;t of the branches of the Sta|tute. And yet this perhaps, a Ju&s;tice may adventure to do. If a Labourer be in his pre&s;ence, and idle, and di&s;enga|ged, and he refu&s;e to work in a time of need in the Harve&s;t, to commit him ac|cording to the Statute. And &s;uch as have had time &s;et them by the Ju&s;tices, wherein to &s;et them&s;elves into a Ser|vice, and they do it not, and the parties be before them and con&s;e&s;&s;e it, and are willfull; there the Ju&s;tices may Pro|ceed again&s;t them according to the Sti|tute.
<PB N="95" REF="52"> And in ca&s;e of purloyning by Servants from their Ma&s;ters, and where the Contumacy, and mi&s;carriage of Ser|vants towards their Ma&s;ters is very fowl, there they may adventure, and &s;o may one Ju&s;tice (perhaps by the very Com|mon-Law, and of his own di&s;cretion) to bind him to the good behaviour, and to appear at the Se&s;&s;ions. And for diffe|rences that ari&s;e between Ma&s;ters and Servants, and Apprentices, any Ju&s;tice may of his di&s;cretion labour to &s;et them agreed, and by con&s;ent of both parties, order any thing between them. And in &s;ome Ca&s;es where he &s;eeth a &s;tubborn|ne&s;&s;e, bind over the party to appear at Se&s;&s;ions. But other wi&s;e the &s;afe way is to refer the&s;e matters to, and to have all the&s;e offenders puni&s;hed at the Quarter-Se&s;&s;ions. For we do not perceive that it can well be done any where el&s;e.</P>
<P N="5">5. Every Ju&s;tice not hindered by Sickne&s;&s;e, or other good cau&s;e, is to be pre&s;ent at the Taxing of wages, under pain of 10 l. by <HI>5 Eliz. 4. 1. Iac. 6.</HI></P>
<P N="6">6. As to a Clothier, or other, that <NOTE PLACE="marg">Clothiers for wages.</NOTE> refu&s;eth to pay to his Workmen the wages &s;et down by the Ju&s;tices at the Se&s;&s;ions. In this ca&s;e, two Ju&s;tices of the Peace (one of them of the <HI>Quorum)</HI> may upon the Con&s;e&s;&s;ion of the offen|der him&s;elf, or the proof thereof, [but doth not &s;ay, upon oath] of two lawfull
<PB N="96" REF="53"> and &s;ufficient witne&s;&s;es, before them, &s;end their Warrant to the Con&s;tables of the place where, &amp;c. to levy the 10 s. Forfeiture upon the offender by di&s;tre&s;&s;e and &s;ale of his goods. Upon 1 <HI>Iac.</HI> 6.</P>
<P N="7">7. If any Servant or Apprentice &s;hall imbe&s;ill or &s;teal away the goods of his Ma&s;ter, any one Ju&s;tice of Peace, if by circum&s;tances the ca&s;e comes to a plain Felony, may deal with him, as he doth with other men in ca&s;es of Felony, ac|cording to the nature of the ca&s;e. But for this, &s;ee 21 <HI>H.</HI> 8 7. &amp; 33 <HI>H.</HI> 6. 1. and <HI>Dalton's Iu&s;tice of Peace,</HI> page 95. and 320. See the <HI>Cabinet</HI> for the Pre&s;idents to &s;ome of the&s;e things, in Chap. 13.</P>
<P N="8">8. Poor people that have many chil|dren, <NOTE PLACE="marg">Binding poor chil|dren Ap|prentices.</NOTE> The Over&s;eers of the poor, with the con&s;ent of two Ju&s;tices, may bind them Apprentices. And if their Pa|rents hinder their binding, or being bound, entice them away, the Parents may be &s;ent to Bride-well by the Re&s;o|lution of the Judges, 1633. But this we conceive mu&s;t be by the Ju&s;tices in, and not out of, their Se&s;&s;ions.</P>
<P N="9">9. If any &s;uch per&s;on as by the <NOTE PLACE="marg">Servants to &s;ervice. Bridewell.</NOTE> 5 <HI>Eliz.</HI> 4. are appointed to be in &s;er|vice, as one brought up in husbandry under 30 years old, or a Maid-Ser|vant brought up in any of the Trades
<PB N="97" REF="53"> named in the Statute, live out of Ser|vice, not having vi&s;ible means to main|tain them&s;elves without their labour, and refu&s;e to &s;erve as an hired &s;ervant by the year, and he or &s;he hath been warned by two Ju&s;tices, to put her &s;elf into &s;ervice by &s;uch a time, and doth not, &s;uch per&s;on may be &s;ent to the hou&s;e of Correction; <HI>Re&s;ol. of Iudges,</HI> 1633. But this we conceive al&s;o mu&s;t be done by the Ju&s;tices within, and may not be done by any of the Ju&s;tices out of their Se&s;&s;ions: And that if the Ju&s;tices will do any thing again&s;t &s;uch per&s;ons out of the Se&s;&s;ions, it is more &s;afe to do it by binding of them to the <NOTE PLACE="marg">Good Be|haviour.</NOTE> good Behaviour.</P>
</DIV3>
<DIV3 N="34" TYPE="section">
<HEAD>SECT. 34. About Mini&s;ters or Preachers.</HEAD>
<P N="1">1. AS to him that &s;hall wilfully di|&s;turb a Mini&s;ter in his open Ser|mon, <NOTE PLACE="marg">Di&s;turb him in his Sermon.</NOTE> or re&s;cue him that hath &s;o done; In this ca&s;e any one Ju&s;tice of Peace upon Complaint hereof onely, may com|mit him to &s;afe keeping for &s;ix dayes. But then there mu&s;t be two Ju&s;tices; (one of them being the &s;ame Ju&s;tice that did commit him) who within the &s;ix dayes mu&s;t examine the matter. And if they find either by his own Con&s;e&s;&s;ion,
<PB N="98" REF="54"> or the proof of two Witne&s;&s;es, that he is guilty of the offence, then may they commit him to pri&s;on for three moneths. Upon 1 <HI>Mar.</HI> 3. But this Statute doth <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> not &s;ay, Whether the proof &s;hall be by oath, nor give power to the Ju&s;tices to admini&s;ter the Oath. And therefore it is be&s;t to let &s;uch an offender be puni&s;h|ed by the Se&s;&s;ions.</P>
<P N="2">2. But now by the New Act of 17th of September, 1656, If any do of pur|po&s;e mole&s;t a Mini&s;ter in his Preach|ing, or other publike duty, upon any day, or in his going to, or coming from it. Or do make any publick di&s;turbance upon any part of the Lords-day, And he be thereupon brought (as he may be) <NOTE PLACE="marg">Lords-day.</NOTE> to a Ju&s;tice of Peace, The Ju&s;tice of Peace may either upon &s;ight of it, the parties own con&s;e&s;&s;ion, or the proof thereof by the oath of one Witne&s;&s;e, com|mit the offender to Pri&s;on without Bayl, till the next Quarter-Se&s;&s;ions. But this may not be done, neither by this Act, except it be done within the moneth af|ter the offence is committed.</P>
<P N="3">3. As to a Scandalous Mini&s;ter duly <NOTE PLACE="marg">Eeected Mini&s;ters di&s;turbed by them that were ca&s;t out.</NOTE> put out of any Living by authority of Parliament, that doth enter upon and out the Mini&s;ter put in his Room, and by him&s;elf or others binder him to re|ceive the profits thereof; In this ca&s;e any two Ju&s;tices of Peace may upon
<PB N="99" REF="54"> proof hereof by two witne&s;&s;es, (but doth not &s;ay, upon Oath) give &s;uch damages to the party wronged, as they think fit, and &s;ettle him that is &s;o put out, in his quiet po&s;&s;e&s;&s;ion; and in this rai&s;e the Trained-Bands to a&s;&s;i&s;t him. And if he &s;hall by him&s;elf, or other, make any di&s;turbance upon the Mini&s;ter &s;o put in, in the execution of his Office; the &s;ame Ju&s;tices upon proof thereof, by the Oath of two witne&s;&s;es, may commit the offen|der to pri&s;on for one moneth. Upon <HI>Ord.</HI> 23 of Augu&s;t, 1647. and 8th of November, 1644. and 4th of April, 1648. and Augu&s;t, 1654. and 17th of Septemb. 1656.</P>
</DIV3>
<DIV3 N="35" TYPE="section">
<HEAD>SECT. 35. About a Mittimus.</HEAD>
<P>AS to this <HI>Mittimus,</HI> which is the Ju&s;tice of Peace his Warrant by which he &s;ends a Pri&s;oner to the Goal, or to Bride-well, take the&s;e things:</P>
<P N="1">1. It mu&s;t be in Writing, under the Name, Hand and Seal of the Ju&s;tice.</P>
<P N="2">2. It mu&s;t expre&s;&s;e his Office, Place, and Authority: as, <HI>W. S.</HI> E&s;quire, one of the Ju&s;tices, &amp;c.</P>
<P N="3"><PB N="100" REF="55">3. It mu&s;t be directed to the Gaoler, or keeper of the Pri&s;on.</P>
<P N="4">4. It mu&s;t expre&s;&s;e both the Names, the Chri&s;tian and Sirname of the party committed.</P>
<P N="5">5. It mu&s;t expre&s;&s;e the cau&s;e &s;ome|what certainly of his Commitment, as that it is for Trea&s;on, Burglary, or Robbery, or for Felony, or the Su&s;pi|tion thereof; and where it is for Felo|ny, to &s;ay, for Felony, by &s;tealing a hor&s;e, and the like.</P>
<P N="6">6. It mu&s;t have an apt Conclu&s;ion, The pri&s;oner &s;afely to keep, untill he be delivered by due order of Law, and the like.</P>
<P N="7">7. And la&s;tly, it mu&s;t expre&s;&s;e the time of the making of it. <HI>Coo. 2. Part of In&s;tit.</HI> 591. And a <HI>Mittimus,</HI> with this cau&s;e, To an&s;wer to &s;uch matters as &s;hall be objected again&s;t him. Or, To keep the pri&s;oner, till he that made it, &s;hall give order for his deliverances, is not good. And &s;o if it be a Com|mitment to Bride-well, it is good to &s;et down the cau&s;e, as to &s;ay, becau&s;e he is an idle, or inordinate per&s;on, &amp;c. See Pre&s;idents for it, in the <HI>Clark's Cabinet,</HI> Chap. 25. and in Chap. 6.</P>
</DIV3>
<DIV3 N="36" TYPE="section">
<PB N="101" REF="55">
<HEAD>SECT. 36. About Night-walkers.</HEAD>
<P>AS to Night-walkers, that are idle Fellowes, who u&s;e to &s;leep by day, and walk abroad by night, and are &s;u&s;pected to live by &s;ome di&s;hone&s;t cour&s;es; In this Ca&s;e any one Ju&s;tice of Peace, either of his own head, if he know them to be&s;uch, or by the Infor|mation of others upon Oath thereof by his Warrant may cau&s;e them to be ar|re&s;ted, and to be brought before &s;ome Ju&s;tice of Peace, to put in Surety for their good Behaviour, or el&s;e to be &s;ent to Gaol till they &s;o do. And if any Watchmen of their own heads do ar|re&s;t &s;uch (as they may) and bring them to the Ju&s;tice of Peace to be &s;o dealt with, the Ju&s;tice may &s;o proceed again&s;t them. See <HI>Good Behaviour.</HI></P>
</DIV3>
<DIV3 N="37" TYPE="section">
<PB N="102" REF="56">
<HEAD>SECT. 37. About Oaths.</HEAD>
<P>AS to this, the&s;e things are to be known,</P>
<P>2. The Oaths of Allegiance, Obedi|ence, and Supremacy, named in 1. <HI>Eliz.</HI> <NOTE PLACE="marg">Oath of Allegi|ance, &amp;c.</NOTE> 3. 4 <HI>Iac.</HI> and other Statutes, they are all of them taken away by the Act. 9. <HI>Ia|nuary,</HI> 1648.</P>
<P>2. Any one Ju&s;tice of the four that do Licen&s;e a confined Recu&s;ant to Tra|vel, <NOTE PLACE="marg">To a Re|cu&s;ant.</NOTE> may give him the Oath appointed, by the Statute of 3 <HI>Iac. 5.</HI></P>
<P>3. Any one Ju&s;tice of the County where a Robbery is done, and dwelling <NOTE PLACE="marg">To him that is rob|bed.</NOTE> in or near to the Hundred wherein it is done, may within 40 dayes of the doing thereof, take his Oath that is robbed, whether he knew any of the Thieves, up|on 27 <HI>Eliz. 13.</HI></P>
<P>4. Any one Ju&s;tice of Peace may <NOTE PLACE="marg">To him that de|&s;ires &s;urety of the Peace.</NOTE> give the Oath to him that de&s;ires &s;urety of the Peace again&s;t another. See <HI>Peace.</HI></P>
<PB N="103" REF="56">
<P>5. Any one Ju&s;tice of Peace may give the Oath to the&s;e Offices following when they come into their Officers. By common u&s;age they give the Oath to the High-Con&s;table, and the Petty-Con&s;ta|ble; <NOTE PLACE="marg">To Con|&s;tables and &s;ome other Officers.</NOTE> And they may give the Oath to the under Con&s;ervators of Rivers: But to &s;wear Over-&s;eers of Cloath, there mu&s;t be two Ju&s;tices.</P>
<P>6. There mu&s;t be two Ju&s;tices of the Peace, (one of them of the <HI>Quorum)</HI> without Commi&s;&s;ion to give the Oaths of the under Sheriffs, their Bayliffs, De|puties, and Clarks at their fir&s;t entrance <NOTE PLACE="marg">To the Under&s;he|riff and his Officers.</NOTE> into their Offices. Upon 27. <HI>Eliz.</HI> 12.</P>
<P>7. There mu&s;t be two &s;uch Ju&s;tices to give the Oath to the Collectors of the Sheriffs Amercements for the Coun|ty Court, that they &s;hall Collect no more then is due. Upon 11. <HI>H. 7. 15.</HI></P>
<P>8. Any two Ju&s;tices of the Peace may give to the Over&s;eers of Cloath their <NOTE PLACE="marg">To Over-&s;eers of Cloath.</NOTE> Oath. upon 3. <HI>Ed. 6. 2. 39. Eliz. 20. 43. Eliz. 12.</HI></P>
<P>9. Any two Ju&s;tices may give them <NOTE PLACE="marg">To Over-&s;eers of them that are &s;ick of the Plague.</NOTE> their Oath that are to be Over&s;eers of them that are infected with the Plague, upon 1 <HI>Iac. 31.</HI></P>
<PB N="104" REF="57">
<P>10. There mu&s;t be three Ju&s;tices <NOTE PLACE="marg">To them that de|prave the Sacrament</NOTE> (one of them of the <HI>Quorum)</HI> to take the Information of witne&s;&s;es again&s;t &s;uch as &s;peak irreverently of the Lords Supper. Upon 1 <HI>Ed.</HI> 6. 1.</P>
<P>11. And what Ju&s;tices may take the Informations upon Oath again&s;t other Offenders upon penall Lawes, &s;ee in the Severall Titles.</P>
<P>12. The Ju&s;tices mu&s;t take heed of <NOTE PLACE="marg">New oaths.</NOTE> impo&s;ing new Oaths (e&s;pecially out of Se&s;&s;ions) For it is a Rule. That the giving of every Oath mu&s;t be warranted by Act of Parliament, or by the Com|mon law, time out of Mind. <HI>Coo. 2. part. In&s;t. 479.</HI> They mu&s;t al&s;o take heed of impo&s;ing the old Ceremony of <NOTE PLACE="marg">How an Oath mu&s;t be taken.</NOTE> laying the right hand on the Bible in the taking of an Oath. For any man may now (if he will) in &s;tead thereof during the time of his taking of it, hold up his right hand (onely.) See the Act of 5 <HI>Septemb.</HI> 1649. For the Oaths of May|ors, &amp;c.</P>
</DIV3>
<DIV3 N="38" TYPE="section">
<PB N="105" REF="57">
<HEAD>SECT. 38. About Officers, and Offices.</HEAD>
<P>AS to this, And what the Ju&s;tices of peace may do about this out of their Se&s;&s;ions, the&s;e things are to be known.</P>
<P N="1">1. That the Ju&s;tices of the Peace of the County have &s;omewhat to do in the making and Government of divers of the Officers of the County, Hundreds, Pari&s;hes, and Places within the Coun|ty.</P>
<P N="2">2. The Trea&s;urers of the County|&s;tock, albeit they be cho&s;en and made at <NOTE PLACE="marg">Trea&s;urers of the County|&s;tock. Ma&s;ters of Bride-well</NOTE> and are under the Government, and or|der of the Quarter-Se&s;&s;ions; yet may any two Ju&s;tices, by order of the Se&s;&s;i|ons levy by &s;ale of goods, the Fine &s;et by the Se&s;&s;ions, on the Trea&s;ures for the neglect of their office, Upon 43 <HI>Eliz.</HI> 2.</P>
<P N="3"> 3. Any one Ju&s;tice may puni&s;h the defaults of Sheriffs, by not returning <NOTE PLACE="marg">Sher<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ff<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">,</NOTE> good Jurors to enquire in a ca&s;e of For|cible entrie, before him, upon 8 <HI>H.</HI> 6. 9. But &s;ee more of this in <HI>Sheriffs,</HI> Sect. 50.</P>
<P N="4"><PB N="106" REF="58">4. What one Ju&s;tice may do in the making or remove of Con&s;tables; See <NOTE PLACE="marg">con&s;tables</NOTE> Con&s;tables, Sect. 11. of this chap.</P>
<P N="5">5. The Ju&s;tices them&s;elves being all of them Con&s;ervators of the Rivers, <NOTE PLACE="marg">Con&s;erva|tors of Ri|vers.</NOTE> each of them may choo&s;e others under them to over-&s;ee the Rivers, upon 27 <HI>R.</HI> 2. 9.</P>
<P N="6">6. Any two Ju&s;tices may appoint &s;earchers of Tiles, upon 17 <HI>Ed.</HI> 4. 4. <NOTE PLACE="marg">Searchers of tiles.</NOTE></P>
<P N="7">7. Two Ju&s;tices may make and call to account once a year Over&s;eers of <NOTE PLACE="marg">Over&s;eers of Cloath.</NOTE> Cloath, and bind them by Oath and bond to do their duty. Upon 3. and 4. <HI>Ed.</HI> 6. 2.</P>
<P N="8">8. Two Ju&s;tices of the neare&s;t to the <NOTE PLACE="marg">Over&s;eers of the poor.</NOTE> Pari&s;h, are within a Moneth of Ea&s;ter every year, to appoint two or more of every Pari&s;h, to be Over&s;eers of the Poor of the Pari&s;h. For which See 43. <HI>Eliz.</HI> 2. and poor. Sect. 43. of this chap.</P>
<P N="9">9. Two Ju&s;tices of the neare&s;t to the Pari&s;h mu&s;t under their hands and feals <NOTE PLACE="marg">Church-Wardens.</NOTE> approve the yearly choice of the Church-wardens of Pari&s;hes. For this, &s;ee Church, Sect. 9. of this chap.</P>
<P N="10"><PB N="107" REF="58">10. Two Ju&s;tices may call Trea&s;urers of the County &s;tock, High-Con&s;tables, <NOTE PLACE="marg">Calling them to Account.</NOTE> Petty-Con&s;tables, or others their Exe|cutors or Admini&s;trators, who have been formerly tru&s;ted with the Receipt of any Money charged on a Pari&s;h by the Statute of 43 <HI>Eliz</HI> and order the pay|ment thereof to the County Trea&s;urers. So they may call them to an account for any money belonging to maimed Soul|diers. And &s;o Officers that have re|ceived any money to the u&s;e of the poor, Upon the Ord. of <HI>May</HI> 1647, and 24. of <HI>December</HI> 1647. But for the Accounts of Church-wardens, Over&s;eers of the Poor, Surveyors of the High way, See in the Titles them&s;elves.</P>
<P N="11">11. Any one Ju&s;tice may call Watch-men <NOTE PLACE="marg">Watch-men.,</NOTE> to an account of the Execution of their Office. And if he find them negli|gent therein, cau&s;e them to be bound to the good behaviour, or to be indicted at the Se&s;&s;ions for it.</P>
<P N="12">12. For other things about. Rogues, Drunkards, Sabbath-breakers, Poor, Church, and the like, what Warrants Ju&s;tices may &s;end to Officers, and what they are to do upon them, See in the proper Titles.</P>
</DIV3>
<DIV3 N="39" TYPE="section">
<PB N="108" REF="59">
<HEAD>SECT. 39. About the Peace, and Surety of the Peace.</HEAD>
<P>ANy one Ju&s;tice of Peace may of his own head, without Motion of another, and by his own power, put him to give Sureties for the Peace that he knows to be a common Ryotor, or common Barretor, or that maketh an Affray upon him, or upon another in his pre&s;ence, or that is about to make an Affray, or that doth threaten ano|ther to beat or kill him, or burn his hou&s;e; or that doth go or ride armed in a terrible way, or the like, without any information, complaint, or Oath of anyother man; Al&s;o he may upon the re|que&s;t of another, and the offer of his Oath, that he &s;tandeth in fear of his life, or &s;ome bodily hurt, or the firing of his hou&s;e by another man, whether it be true or fal&s;e, take his Oath, or perhaps he may do it without Oath, for we conceive it to be in his di&s;cretion. And then he may &s;end his Warrant to bring the party before him, or &s;ome o|ther Ju&s;tice of the Peace (if he be not in his pre&s;ence) to give &s;urety for the Peace, or if he refu&s;e, to carry him to Goal, till he &s;o do. And if he be in
<PB N="109" REF="59"> his pre&s;ence, he may require him to put in Sureties to keep the Peace. And the Sureties, and the Sum in which they are to be bound, mu&s;t be according to his di&s;cretion, which is to be guided by rea&s;on, and to be greater or le&s;&s;e, as the ca&s;e is more or le&s;&s;e dangerous. And if he refu&s;e &s;o to do, he may &s;end him by a Mittimus to the Goal, till he &s;hall &s;o do. But for, and after an Affray pa&s;t, and without any &s;uch Oath taken, or cau&s;e of Su&s;pition of a new Affray, <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> to &s;end this Warrant, and take this. Surety, or to &s;end to Goal any man refu&s;ing, is not &s;afe for a Ju&s;tice of Peace. And yet if he have proof, that the Affrayors are newly parted, and like enough to fight again, there per|haps he may put them both to give &s;ure|ty for the Peace.</P>
</DIV3>
<DIV3 N="40" TYPE="section">
<HEAD>SECT. 40. About Playes, and Games.</HEAD>
<P>AS to &s;uch as keep hou&s;es of Dicing <NOTE PLACE="marg">Cards, Dice, Ta|bles, &amp;c.</NOTE> Carding, Tables, and of the like unlawfull Games, and &s;uch as haunt &s;uch hou&s;es, and play there, not Licen|&s;ed by the Lord Protectour. Any one Ju&s;tice of Peace may in this ca&s;e go into the hou&s;e he doth &s;u&s;pect, where &s;uch Play is, And if he catch them in
<PB N="110" REF="60"> the manner, and they be not &s;uch as are excepted in the Law, he may com|mit the keeper of the hou&s;e, and tho&s;e that play in his hou&s;e, to pri&s;on, untill they enter into Recognizance never to offend &s;o again. But he (as we con|ceive) <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> may not without good advice &s;end his Warrant to levy the 40 s. on him that keeps the hou&s;e, and the 6 s. 8 d. on him that playeth, becau&s;e no &s;uch power is given him by the Statute of 33 <HI>H. 8. 9. 2 &amp; 3 Ph.</HI> and <HI>M.</HI> 9. 12 R. 2. 6. 11 <HI>H. 4. 4. 17 Ed.</HI> 3. 4.</P>
<P>2. As to the Artificer, or his Jour|neyman, a Hushandman, an Appren|tice, Labourer, Servant at Husbandry, or other Servant, without his Ma&s;ters leave; Mary-man, Fi&s;her-man, or Ser|ving-man, that playeth at Tables, Ten|nis, Dice, Cards, Bowls, cla&s;h-coyting, Logating, or other unlawful game out of Chri&s;tmas, or then out of their Ma|&s;ters hou&s;e and pre&s;ence. And as to any man what&s;oever that &s;hall play at Bowls in any open place out of his Gar|den or Orchard; In this ca&s;e any one Ju&s;tice of Peace that doth find him at it, and that he is not excepted out of the Statute, may commit him to pri|&s;on, till he enter into Recognizance never to do &s;o again. Upon 33 <HI>H.</HI> 8. 9. But he may not give Warrant to levy the Forfeitures of 20 s. and 6 s. 8 d. in the&s;e ca&s;es.</P>
<PB N="111" REF="60">
<P>3. Any one Ju&s;tice may enquire into <NOTE PLACE="marg">Archery.</NOTE> the execution of the Statute of 33 <HI>H.</HI> 8. 9. about Bowes and Arrowes, and ac|quaint the Se&s;&s;ions with what he find|eth. And may e&s;treat the 10 l. into the Exchequer, again&s;t &s;uch as are Convict before him for &s;hooting in a Cro&s;&s;e-bow, or Hand-Gun. Upon <NOTE PLACE="marg">Guns.</NOTE> 33 <HI>H.</HI> 8. 6. See <HI>Armour.</HI></P>
<P>4. As to Stage-Players, the&s;e things <NOTE PLACE="marg">Stage-Players, &amp;c.</NOTE> are to be known: 1. That they are after one Conviction, albeit they do not wander up and down, yet to be accounted incorrigible Rogues: and &s;o any one Ju&s;tice may deal with them, as he may deal with a Rogue. By <HI>Ord.</HI> <NOTE PLACE="marg">Rogue.</NOTE> 11 Febr. 1647. 2. So much as the money there received for to &s;ee a Play, &s;hall be forfeit to the poor of the place. 3. Any two Ju&s;tices of the Peace of the County wherein &s;uch a Collection hath been made, upon complaint and proof thereof before him upon Oath, may by Warrant under their hands and &s;eals command the Con&s;tables and Church-wardens to levy the &s;ame by way of di&s;tre&s;&s;e and &s;ale of Goods, ren|dring, &amp;c. 4. As to &s;uch as have been at &s;uch a Play; In this ca&s;e any one Ju&s;tice of Peace, upon the confe&s;&s;ion of the party, or proof thereof by one witne&s;&s;e, may &s;end his Warrant to theChurch-wardens or Con&s;tables of the
<PB N="112" REF="61"> place where, &amp;c. to levy 5 s. of him' to the u&s;e of the poor of the place where, &amp;c. by way of di&s;tre&s;&s;e and &s;ale of goods, rendring, &amp;c. <HI>Ord.</HI> 11th of Febr. 1647. 5. The Lord Mayor of <HI>London,</HI> and Ju&s;tices of Peace of <HI>London, We&s;tmin&s;ter, Middle&s;ex,</HI> and <HI>Surrey,</HI> or any two of them within their limits, may de&s;troy Stage-Play-boxes, Galleries, &amp;c. 6. As to the Actors in &s;uch Playes within the la&s;t named pla|ces, any two Ju&s;tices of the Peace of the &s;ame Counties within their own li|mits, upon their own view thereof, or Oath of two witne&s;&s;es, within two moneths after the offence done, may by their Warrants under their hands and &s;eals, cau&s;e the offender to be appre|hended, and openly whipt in &s;ome Market-Town, and cau&s;e him al&s;o to enter into a Recogni&s;ance with two &s;uf|ficient Sureties, that he will never &s;o offend again; and commit to pri&s;on till he &s;hall &s;o do. And if after he offend again, they are to deal with him as an incorrigible Rogue. But this power in <NOTE PLACE="marg">Iucorrigi|ble-Rogue.</NOTE> this thing is not given to the Ju&s;tices of the Peace of any other County. Upon this <HI>Ordinance</HI> of 11th of February, 1647.</P>
<P>5. If any May-pole be &s;et up in any <NOTE PLACE="marg">May-Poles.</NOTE> place, Any one Ju&s;tice of Peace may upon &s;ight thereof, or Confe&s;&s;ion of the party, or proof of one witne&s;&s;e upon
<PB N="113" REF="61"> Oath, give Warrant under his hand and &s;eal to the pre&s;ent Con&s;tables or Church-Wardens of the place where, &amp;c. to levy by way of di&s;tre&s;&s;e and &s;ale of the goods of them that were the Con&s;tables and Church-Wardens of the Pari&s;h at the time of the &s;etting, and continuance of it up, 5 s. a week, for every week it &s;tood a&s;ter it was erected, before it was taken down. And for lack of di&s;tre&s;&s;e, or where there is an inability to pay the Forfeiture, to put them in the Stocks three hours. <HI>Ord.</HI> 6th of April, 1644. where the words of the Law, as to this la&s;t branch of putting in the Stocks three hours, are a little doubtfull. And yet we think the Ju&s;tice may &s;afely in&s;ert that clau&s;e in his Warrant in this ca&s;e al&s;o, and follow our Pre&s;ident in that, in the <HI>Cabinet,</HI> Chap. 23. Sect. 4.</P>
<P>6. The Ju&s;tices are authorized to <NOTE PLACE="marg">Cock-Matches.</NOTE> hinder, di&s;turb. and di&s;per&s;e Meetings for Cock-Matches. Upon Ordinance of 31 March, 1654. and 17 of Septemb. 1656. And by this we conceive, the Ju&s;tices may entreat or command them to depart. And if they &s;hew them&s;elves di&s;obedient, &amp;c. perhaps bind them to the Peace or Good Behaviour, upon good advice.</P>
</DIV3>
<DIV3 N="41" TYPE="section">
<PB N="114" REF="62">
<HEAD>SECT. 41. About the Plague.</HEAD>
<P>ANy one Ju&s;tice of Peace may compell him that hath the Plague to keep in. And if after command, he refu&s;e, albeit he have not the Sore upon him; yet the Ju&s;tice may puni&s;h him as a Vagabond, and al&s;o bind to <NOTE PLACE="marg">Vagabond. Good Be|haviour.</NOTE> the good Behaviour for one year. And one Ju&s;tice al&s;o may according to his di&s;cretion appoint Searchers, Watch-men, and Keepers to look to and go|vern them that are &s;ick of the di&s;ea&s;e. But there mu&s;t be two Ju&s;tices to &s;et, and i&s;&s;ue out Warrants to levy the Rate <NOTE PLACE="marg">Rate.</NOTE> for the Relief of the per&s;ons in&s;ected. 1 <HI>Iac.</HI> 31. 21 <HI>Iac.</HI> 28.</P>
</DIV3>
<DIV3 N="42" TYPE="section">
<PB N="115" REF="62">
<HEAD>SECT. 42. About the poor.</HEAD>
<P>AS to this, and what the Ju&s;tices of Peace may do herein out of the Quarter-Se&s;&s;ions, take the&s;e things.</P>
<P N="1">1. It is &s;aid that two Ju&s;tices may &s;end to the Bride-well, or common Goal, &s;uch idle poor as will not work, being thereunto appointed by the Over&s;eers, Upon 43 <HI>Eliz.</HI> 2. But there is no way of Conviction of them by that Statute, <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> and therefore we do not conceive it war|rantable for Ju&s;tices &s;o to do out of the Quarter-Se&s;&s;ions. See <HI>Correction-hou&s;e.</HI> See chap. 7. Sect. 6.</P>
<P N="2">2. There mu&s;t be two Ju&s;tices of them that are neare&s;t to the place, that mu&s;t yearly within a Moneth of <HI>Ea&s;ter,</HI> under <NOTE PLACE="marg">Making Over&s;eers of the poor.</NOTE> their hands and Seals, appoint two, or more Over&s;eers of the Poor, to be joy|ned with the Church-wardens of the Pari&s;h, to look to the Poor of the Pari&s;h. And if the Ju&s;tices do not do it, they forfeit 5 l. a piece. So there mu&s;t be two &s;uch Ju&s;tices to allow of, and &s;ub|&s;cribe the Rates there made for the <NOTE PLACE="marg">Rates.</NOTE> poor; to force them that refu&s;e to pay it, and to force the Over&s;eers at the
<PB N="116" REF="63"> end of their year to Accounts, and to pay over the Money remaining in their <NOTE PLACE="marg">Account.</NOTE> hands to their Succe&s;&s;ours. And the&s;e two Ju&s;tices may if they perceive a Pa|ri&s;h overcharged with their Poor, and not able to bear the poor thereof, lay a Rate upon any other Pari&s;h within the Hundred to help them. But if they go <NOTE PLACE="marg">Se&s;&s;ions.</NOTE> further then the Hundred with the Rate, then it mu&s;t be done at the Se&s;&s;ions. And there a Rate may be impo&s;ed up|on any part of the County for Contri|bution to that Pari&s;h. And there al&s;o a Rate may be impo&s;ed upon the Pa|rents, Grand-Parents, or Children of <NOTE PLACE="marg">Parents to relieve Children.</NOTE>&s;uch as are poor towards their relief. The which they are to pay, or forfeit 20 s. a Moneth. And the&s;e two Ju&s;ti|ces may give their Warrant to the Church-wardens and Over&s;eers of the Poor, to levy the Rate by di&s;tre&s;&s;e and &s;ale of goods, upon &s;uch as rated, and for lack of di&s;tre&s;&s;e, to &s;end them to pri|&s;on till it be paid. Al&s;o the&s;e two Ju|&s;tices may &s;end their Warrant to the pre&s;ent, or &s;ub&s;equent Churchwardens, and Over&s;eers, to levy by di&s;tre&s;&s;e and &s;ale of goods, all Arrears of Rates re|maining in any mans hands. And for lack of di&s;tre&s;&s;e to &s;end them to Goal, till it be paid, Upon 49 <HI>Eliz. 2. 39 Eliz. 3.</HI></P>
<P N="3">3. Any two Ju&s;tices may compell the Over&s;eers and Church-wardens at the
<PB N="117" REF="63"> end of their year to account, and pay over to their Succe&s;&s;ours the Money re|maining in their hands at the end of their year, or the 20 s. forfeiture for neglect of it, or of one part of the Duty of their Office, and cau&s;e it to be levi|ed by way of di&s;tre&s;&s;e and &s;ale of goods, and for lack of di&s;tre&s;&s;e to impri&s;on the parties, upon 43 <HI>Eliz.</HI> 2. And &s;o may two Ju&s;tices take account of the&s;e Offi|cers yearly of their Imployment of all &s;uch Money as they have in their hands of any mans gift, for the binding of poor Children Apprentices, Upon 7. <HI>Iac.</HI> 3.</P>
<P N="4">4. Any two Ju&s;tices may joyn with the Church-wardens and Over-&s;eers of the Poor, in the placing of the children of Poor people at the Pari&s;h-charge, or otherwi&s;e, with Hu&s;band-men, or o|ther Trade&s;-men, and puni&s;h them that will not take them, by putting them to give &s;urety of the good Beha|viour, and to appear at Se&s;&s;ions. And <NOTE PLACE="marg">Good Be|haviour.</NOTE> puni&s;h al&s;o the Parents that refu&s;e to let their Children to go, and the Chil|dren that refu&s;e to go, Upon 43 <HI>Eliz.</HI> 2. 5. Any two Ju&s;tices may agree to and Licen&s;e the &s;etting up of a Trade in the Pari&s;h to &s;et the Poor on work there, Upon 43 <HI>Eliz. 2.</HI></P>
<P N="5">5. Any two Ju&s;tices may under their hands appoint pre&s;ent Relief to any
<PB N="118" REF="64"> poor Souldier hurt in the late Wars, and the Wives and Children of &s;uch <NOTE PLACE="marg">Poor Soul|diers and Mariners, their Wives and Chil|dren.</NOTE> as were &s;lain or dyed in the &s;ame Wars, till the Quarter-Se&s;&s;ions. But for this, take the&s;e things, 1. There mu&s;t be two Ju&s;tices living near to the place where the maimed Souldier or Mariner in the la&s;t Wars, before the 22d of May, 1647, &s;ettled when he took up Arms, that upon a Certificate of his Service and or his hurt, under the hand of his Captain, or his Comi&s;|&s;ary Officer, or (in ca&s;e where they be dead) under the hands of other per|&s;ons of credit, who may examine the Truth of the thing by his own Oath, and by Witne&s;&s;es, and appoint the Trea&s;urer of the publike money to this u&s;e, to give him Relief till the next Quarter-Se&s;&s;ions, And then a Pen&s;ion <NOTE PLACE="marg">Pen&s;ion.</NOTE> may be given to him. 2. And as to the Widows and Orphans of the Soul|diers <NOTE PLACE="marg">Widows and Or|phans of Souldiers &s;lain or dead.</NOTE> or Mariners that were &s;lain, or dyed in tho&s;e Wars; In this ca&s;e, the two next Ju&s;tices may by warrant under their hands, appoint the Trea&s;urers what to give them for their Relief, and to acquaint the next Se&s;&s;ions therewith, to the end it may be continued, or de|termined. <HI>Ord.</HI> May 22. 1647. Au|gu&s;t, 1647. December, 1647. Sep|tember, 1651. 3. Every Ju&s;tice is to take order for the Relief of all the maimed Souldiers belonging to the Ar|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">its in <HI>England, Scotland,</HI> and <HI>Ireland,</HI>
<PB N="119" REF="64"> and the Widowes and Orphans of &s;uch Souldiers as have been &s;lain there, as &s;oon as they bring into them &s;uch a Certificate as is mentioned in the <HI>Ord.</HI> of 30th Septemb. 1651. or be &s;ent unto them by the Trea&s;urer for maimed Souldiers by a Pa&s;&s;e, under their hands and the publike &s;eal of their Office, for that purpo&s;e, the &s;ame allowance not exceeding 4 s. a week to one &s;uch Souldier, or Widow, Or if they be able to work, the &s;ame Ju&s;tice is to pro|vide that they may have &s;uch work, as to get 4 s. a week. And the Ju&s;tices are to help to place their Children Appren|tices. The &s;ame <HI>Ordinance</HI> of 30th Sep|tember, 1651.</P>
<P N="6">6. Any two Ju&s;tices next to the place where a poor Mariner or Souldier that is become from beyond Sea to his place of Settlement, and can get no work, to take order to &s;et him on work, and to <NOTE PLACE="marg">Rate.</NOTE> tax the Hundred for his Relief, till he can have work. 39 <HI>Eliz. 17.</HI></P>
<P N="7">7. How the idle poor that will not work, &s;hall be ordered; and di&s;orderly poor puni&s;hed, &s;ee <HI>Rogues,</HI> Sect. 48. of this Chapter.</P>
<P>For the binding of poor Children Apprentices, &s;ee Sect. 33. Numb. 8.</P>
</DIV3>
<DIV3 N="43" TYPE="section">
<PB N="120" REF="65">
<HEAD>SECT. 43. About Rates and A&s;&s;e&s;&s;ements.</HEAD>
<P>AS to this, what may be done herein out of Se&s;&s;ions, take the&s;e things:</P>
<P N="1">1. Four Ju&s;tices may with the Con|&s;ent of the Con&s;tables of a place &s;et a Rate for the repair of a Bridge. Upon <NOTE PLACE="marg">For Brid|ges.</NOTE> 12 <HI>H.</HI> 8. 5.</P>
<P N="2">2. In ca&s;e where the Pari&s;hioners, <NOTE PLACE="marg">For Kings-Bench, &amp;c. Maimed Souldiers, &amp;c.</NOTE> Con&s;tables, and Church-wardens of a Pari&s;h &s;hall all of them neglect to &s;et and di&s;tribute upon the Pari&s;hioners the Rate &s;et by the Ju&s;tices of the Peace in the Quarter-Se&s;&s;ions, for the Kings-Bench and Mar&s;hal&s;ies; In this ca&s;e, any one or more Ju&s;tices of the Peace, may by him or them&s;elves alone &s;et the Rate, and give Warrant to levy it by di&s;tre&s;&s;e and &s;ale of goods, &amp;c. and for lack of di&s;tre&s;&s;e, to &s;end the party to Goal till payment. Upon 43 <HI>Eliz.</HI> 2. And &s;o likewi&s;e he may do (&s;ave onely as to Commitment upon the Rate for Re|lief of maimed Souldiers and Mariners. Upon 43 <HI>Eliz.</HI> 3.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices of the
<PB N="121" REF="65"> Peace (and one of them of the <HI>Quorum)</HI> to Rate, and give Warrant to levy the <NOTE PLACE="marg">Poor.</NOTE> Rate &s;et upon other Pari&s;hes of the Hundred, for the help of another Pari&s;h not able to keep the poor thereof. Up|on 43 <HI>Eliz.</HI> 2. So for a Rate &s;et upon a Hundred for the Relief of a poor Souldier or Mariner that is come from the Sea, and wanteth work or relief. Upon 39 <HI>Eliz.</HI> 17. See Sect. 38. of this Chapter.</P>
<P N="4">4. The Ju&s;tices may (and, as it &s;eems, out of Se&s;&s;ions) &s;et down the <NOTE PLACE="marg">For Bar|rels and Firkins of Ale.</NOTE> Rates that the Brewers of Ale and Beer within the County &s;hall &s;ell by, their Barrels, Kilderkins or Firkins of Ale or Beer, which they may not exceed. Upon 23 <HI>H.</HI> 34. But the fitte&s;t place to do this, is in the publike Se&s;&s;ions.</P>
<P N="5">5. For the Rate of a Hundred char|ged with the money lo&s;t by a Robbery, &s;ee <HI>Robbery,</HI> Sect. 47. of this Chapter.</P>
<P N="6">6. For the Rates of Poor, &s;ee <HI>Poor.</HI> Of Churches, &s;ee <HI>Churches.</HI></P>
<P N="7">7. For the Rate to carry a Pri&s;oner to Goal, and what the Ju&s;tices may do therein out of Se&s;&s;ions, &s;ee it in <HI>Goal,</HI> Sect. 20. of this Chapter.</P>
<P N="8">8. For the Plague, &s;ee <HI>Plague,</HI> Sect. 41. of this Chapter.</P>
</DIV3>
<DIV3 N="40" TYPE="section">
<PB N="122" REF="66">
<HEAD>SECT. 40. About the Po&s;&s;e-Comitatus.</HEAD>
<P>ANy one Ju&s;tice of Peace, if he have cau&s;e; as to keep the Peace, &s;uppre&s;&s;e a Riot, take a Felon, or the like, may rai&s;e, command, and u&s;e all the power of the County; and every man required by him, is to obey him herein; or may be puni&s;hed by the Se&s;&s;ions for his neglect or contempt of his authority herein.</P>
</DIV3>
<DIV3 N="44" TYPE="section">
<HEAD>SECT. 44. About Recogni&s;ances.</HEAD>
<P N="1">1. ANy one Ju&s;tice of Peace may take a Recogni&s;ance for the Peace, or good Behaviour, or for a mans appearing at the A&s;&s;izes, or at the Se&s;&s;ions, to pro&s;ecute or give evidence, to bayl a pri&s;oner where he is baylable, or the like: And this by the Common-Law.</P>
<P N="2">2. Any one Ju&s;tice may take a Re|cogni&s;ance upon divers Statutes; as of &s;uch as keep, or u&s;e hou&s;es of unlawfull
<PB N="123" REF="66"> games, that they &s;hall do &s;o no more. Of &s;uch as are &s;u&s;pect to u&s;e Logwood, and of their witne&s;&s;es: of &s;uch as take Partridges, and Hawkers in corn, to ap|pear at Se&s;&s;ions: of &s;uch as are con|vict for taking or killing of Phea&s;ants and Partridges, to do &s;o no more: of the Ma&s;ter that &s;hall abu&s;e his Apprentice, that he appear at Se&s;&s;ions: of him that is robbed, that intends to be relieved again&s;t the Hundred, Upon 27 <HI>Eliz.</HI> and &s;ome others.</P>
<P N="3">3. There mu&s;t be 2 Ju&s;tices of the Peace (one of them of the <HI>Quorum)</HI> to take Recogni&s;ances of Ale hou&s;e-keepers, to baile a Pri&s;oner baylable for Felo|ny. And &s;o in other ca&s;es where the Statute doth &s;ay, there mu&s;t be 2. Ju|&s;tices.</P>
<P N="4">4. Every Ju&s;tice is to &s;ee to it, that the Recogni&s;ances taken by him&s;elf, or by him&s;elf, another, or other Ju&s;tices; that they be (e&s;pecially if they be for the bayling of Felons) returned into the next A&s;&s;izes, or Se&s;&s;ions, (as the ca&s;e is) before the Judges or Ju&s;tices there, to be proceeded upon there.</P>
</DIV3>
<DIV3 N="45" TYPE="section">
<PB N="124" REF="67">
<HEAD>SECT. 45. About Recu&s;ants.</HEAD>
<P>AS to this &s;ort of people, the&s;e things are to be known:</P>
<P N="1">1. If any Je&s;uit or Prie&s;t be made <NOTE PLACE="marg">Je&s;uit. Prie&s;t.</NOTE> known to him, he mu&s;t acquaint one of the Privy-Council with it within 28 dayes, under pain of 200 Marks. Upon 27 <HI>Eliz.</HI> 2.</P>
<P N="2">2. If any <HI>Agnus Dei</HI> be di&s;covered to <NOTE PLACE="marg">Agnus Dei.</NOTE> him, he mu&s;t acquaint one of the Privy-Council with it, within 14 dayes. Upon 13 <HI>Eliz.</HI> 2.</P>
<P N="3">3. One Ju&s;tice may require a Popi&s;h Recu&s;ant within three moneths after his Conviction, to &s;ubmit and declare his conformity to the Lawes of Recu|&s;ants. And in ca&s;e he do not &s;o, he may, if it he not a <HI>Feme Cevert,</HI> require him to abjure the Realm: But the Abjuration mu&s;t be in the Quarter-Se&s;&s;ions, <NOTE PLACE="marg">Abjura|tion.</NOTE> 35 <HI>Eliz.</HI> 1. 21 <HI>Iac.</HI> 28. So one Ju&s;tice may within 3. dayes after Ma&s;&s;e &s;aid, take Information of it. Upon <NOTE PLACE="marg">Ma&s;&s;e.</NOTE> 3 <HI>Iac.</HI> 5. So he may require a Popi&s;h Recu&s;ant above 16 years old, who &s;hall trava<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l above five miles from his dwel|ling <NOTE PLACE="marg">Travail.</NOTE>
<PB N="125" REF="67"> without Licen&s;e, if he have le&s;&s;e then 20 Marks a year, or 40 l. in goods, to conform. Upon 35 <HI>Eliz.</HI> 2. So to &s;end to Goal without Bail a &s;u&s;pected Je&s;uit or Prie&s;t, that being brought before him upon a &s;u&s;pition, re|fu&s;eth to an&s;wer directly, whether he be a Popi&s;h Prie&s;t or Je&s;uit. Upon 35 <HI>Eliz.</HI> 2.</P>
<P N="4">4. There mu&s;t be two Ju&s;tices of Peace to give an Oath to a Recu&s;ant, <NOTE PLACE="marg">Oath.</NOTE> licen&s;ed by them two, and two other Ju&s;tices, to travail<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Upon 3 <HI>Iac.</HI> 5. and 35 <HI>Eliz.</HI> 2. So to &s;earch the hou&s;es of &s;uch men who, or who&s;e Wives, are &s;u&s;pect Papi&s;ts for Popi&s;h Books and <NOTE PLACE="marg">Books Po|pi&s;h.</NOTE> Reliques, and to burn them; or if they be of value, to deface and re&s;tore them. Upon 3 <HI>Iac.</HI> 4. So to take the &s;ubmi&s;|&s;ion of one that hath been Reconciled to the Church, who within &s;ix dayes af|ter his Return, &s;hall tender it to them. Upon 3 <HI>Iac.</HI> 4. So to take the Abju|ration of a Popi&s;h Recu&s;ant. By 35 <HI>Eliz.</HI> 2. So to require a Popi&s;h Re|cu&s;ant above 16 years old, which &s;hall travail above five Miles from his dwel|ling, without licen&s;e, if he have le&s;&s;e then twenty Marks Free-hold by the year, or fourty pound in goods, to conform in three moneths, or el&s;e ab|jure, and to certifie it to the A&s;&s;izes. Upon 35 <HI>Eliz.</HI> 2. So if being 16
<PB N="126" REF="68"> years, and have not 20 marks a year, &amp;c. and to travail, and required by one Ju&s;tice of Peace to conform within three moneths, then to require him to abjure, and to certifie the Abjuration <NOTE PLACE="marg">Abjure.</NOTE> to the next A&s;&s;izes. Upon 35 <HI>Eliz</HI> 2. And there mu&s;t be two (and one of them of the <HI>Quorum)</HI> to &s;end to pri&s;on a wo|man Covert Recu&s;ant, not conforming in three moneths, unle&s;&s;e her hus|band will pay ten pound a moneth, or the thirds of his Lands. On 7 <HI>Iac.</HI> 6.</P>
<P N="5">5. Any two Ju&s;tices of the Peace may &s;end for any per&s;on above 16 years old, that they &s;u&s;pect to be a Papi&s;t, and cau&s;e him to be bound by Recognizance, to appear at the next Se&s;&s;ions, to take the Oath of Ab|juration. And upon his refu&s;all, com|mit him to &s;afe cu&s;tody without bayl, till the next Quarter-Se&s;&s;ions: And if he come not upon this to the Se&s;|&s;ions, they are to pre&s;ent him to the Se&s;&s;ions as &s;u&s;pitious, or they &s;orfeit 20 l. Act. 17 Septemb. 1656.</P>
<P N="6">6. Two or more of them of every Divi&s;ion, mu&s;t &s;end their Warrant four times in the year, once a Quar|ter, and 28 dayes at lea&s;t before the Quarter-Se&s;&s;ions, to the Con&s;tables and Church-Wardens of the Pari&s;hes
<PB N="127" REF="68"> within their limits, to require them at &s;ome time and place, 14 dayes before the Quarter-Se&s;&s;ions, to pre&s;ent upon their Oaths to them the Names, Sir|names, Additions and places of abode, of all &s;uch of 16 years old or up|wards, as are &s;u&s;pect to be Papi&s;ts, or Popi&s;hly affected. And then taking their Oath to the Pre&s;entment, &s;hall by their Warrant to the Con&s;table, re|quire him to &s;ummon &s;uch per&s;ons pre&s;ented, either by delivering a Note in writing, or leaving it at his hou&s;e or u&s;uall place of abode, to appear in per&s;on at the next Quarter-Se&s;&s;ions, when and where they. &s;hall deliver in the &s;ame Pre&s;entment openly in the Court to be Recorded. Act. 17. Sep|temb. 1656.</P>
</DIV3>
<DIV3 N="46" TYPE="section">
<HEAD>SECT. 46. About a Riot, Rout, and unlawfull A&s;&s;embly.</HEAD>
<P>AS to Ryots, Routs, and unlawfull A&s;&s;emblies; In the&s;e Ca&s;es any one Ju&s;tice of Peace, upon complaint to him made, or notice to him given there|of, if it continue, he mu&s;t if he be a|ble, go to the place and view it; And there he mu&s;t fir&s;t of all quiet it, and re|move the Force. For the doing where|of,
<PB N="128" REF="69"> he may (if he &s;ee cau&s;e) rai&s;e the power of the County to a&s;&s;i&s;t him. And if he find the Ryotors at the place, he is to di&s;arm them, &s;end them to Pri&s;on, and <NOTE PLACE="marg">Good Be|haviour.</NOTE> bind them to the good behaviour. And if the Ju&s;tice cannot go him&s;elf to the place, he may command his &s;ervants or others to go to the place to &s;uppre&s;&s;e it, and bring the Riotors before him, to find the Sureties for the good behaviour, or if they refu&s;e &s;o to do, &s;end them to Goal. But if the Riot be pa&s;t. Then the Ju&s;tice is to call in to his help, ano|ther Ju&s;tice, and let one of them be of the <HI>Quorum,</HI> and by a &s;peciall Se&s;&s;ions called and commanded by the Warrant to the Sheri&s;ts, to bring a Jewry before them, and to charge this Jewry to en|quire of the Oftence. And if the Jew|ry find the Offenders guilty, the Ju&s;tices are to record it, fine them, and &s;end them to Goal till they pay their Fine, upon 1 <HI>H.</HI> 5. 4. 13 <HI>H.</HI> 4. 7. 19 <HI>H.</HI> 7. 13. See in chap. 3. &s;ect. 4.</P>
</DIV3>
<DIV3 N="47" TYPE="section">
<PB N="129" REF="69">
<HEAD>SECT. 47. About a Robbery.</HEAD>
<P>AS to Robberies, where the Hun|dred is chargeable for the Money taken away. And where default is found in the pro&s;ecution of the Felon by another hundred, and the one half of the Money is recoverable upon that hun|dred, by the party robbed, in the name of the Clark of the Peace of the Coun|ty; by 13 <HI>Ed.</HI> 1. 2. and 28 <HI>Ed.</HI> 3. 11. And for an equall di&s;tribution in both the&s;e Ca&s;es; any two Ju&s;tices of Peace (one of them of the <HI>Quorum)</HI> living in or near to the place, may &s;et the Rate upon the Towns of the Hundreds. And after the Con&s;tables of the Towns and Pari&s;hes have di&s;tributed and &s;et it, and <NOTE PLACE="marg">Rate.</NOTE> levied it by di&s;tre&s;&s;e and &s;ale of goods, which they are to do by their Offices without Warrant from any other, And therefore we would not advi&s;e you to u&s;e for this, the Warrant in the <HI>Clark's Cabbinet,</HI> chap. 16. Numb. 1. And then they are to deliver the &s;ame money to one of the &s;ame Ju&s;tices of Peace. And this money the Ju&s;tice that receiveth it, is to &s;ee paid to them for who&s;e u&s;e it was rai&s;ed, Upon 27 <HI>Eliz.</HI> 13.</P>
</DIV3>
<DIV3 N="48" TYPE="section">
<PB N="130" REF="70">
<HEAD>SECT. 48. About Rogues, Vagabonds, and Idle per&s;ons.</HEAD>
<P>AS to all the&s;e kind of per&s;ons the&s;e things are to be known.</P>
<P N="1">1. That as for idle, loo&s;e, and di&s;&s;o|lute per&s;ons, which wander from their <NOTE PLACE="marg">Idle per|&s;ons.</NOTE> u&s;uall place of living and abode, and can give no good rea&s;on for their travell to &s;ati&s;fy a Ju&s;tice of Peace, albeit they do not beg. Fidlers, and Min&s;trells that &s;hall be playing, or oftering, or de&s;iring <NOTE PLACE="marg">Fidlers.</NOTE> to play in any Inne, Ale-hou&s;e, or Vi|ctualling hou&s;e, albeit they do not beg. Souldiers and Mariners that have Pen&s;i|ons, and yet beg, or &s;hall counterfeit a Certificate, Counterfeit <HI>Egyptians,,</HI> Beg|gars, or others de&s;cribed to be Rogues <NOTE PLACE="marg">Egyptians.</NOTE> within 43 <HI>Eliz.</HI> 3. 39 <HI>Eliz.</HI> 4. 17. 1 <HI>Iac.</HI> 7. 7. <HI>Septemb.</HI> 1656. that &s;hall be taken and found begging, wandring and mi&s;ordring them&s;elves. In this ca&s;e any one Ju&s;tice of Peace, upon his <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">wn &s;ight hereof, may cau&s;e &s;uch per|&s;ons to be whipt and &s;end to their place of birth, &amp;c. with a Te&s;timoniall of their Correction, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">imitting the place to which, and the time wherein they are to go thither, upon 39 <HI>Eliz.</HI> 4. 1 <HI>Jac.</HI>
<PB N="131" REF="70"> 7. But if this Offender be brought to a Ju&s;tice, we do not conceive it needfull, the Ju&s;tice &s;hould order this Correction. For the Officers may, and ought to do it of their accord, without the Ju|&s;tice of Peace's Warrant.</P>
<P N="2">2. Any one Ju&s;tice of Peace may &s;ecure an incorrigible Rogue (that is) <NOTE PLACE="marg">Incorrigi|ble Rogues</NOTE> one that is dangerous to the inferiour &s;ort of people, and will not be reformed of his Rogui&s;h life, one that is able to work, and doth run away from his Fa|mily, and leave it upon the charge of the Pari&s;h, Upon 7 <HI>Iac.</HI> 4. till two Ju|&s;tices can &s;end him to the Goal or Bride-well, upon 39 <HI>Eliz.</HI> 4.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> that by the words of 39 of <HI>Eliz.</HI> 4. are by warrant under their hands and &s;eals upon the Confe&s;&s;ion of the offence by the party, or proof thereof by two wit|ne&s;&s;es, to give power to levy by di&s;tre&s;&s;e, and &s;ale of goods, the forfeirures within the Statute, <HI>(viz.)</HI> the 5 s. upon the Mini&s;ter for not keeping a Regi&s;ter|book, the 10 s. upon the Con&s;table for his neglect in the Apprehen&s;ion, and puni&s;hment of Rogues, the 20 s. upon him for his not puni&s;hment, and not &s;afe convey of a Rogue brought to him by another, the 10 s. of him that doth not apprehend a Rogue begging at his
<PB N="132" REF="71"> hou&s;e, or that doth bring a Rouge out of <HI>Ireland</HI> hither. So al&s;o upon the like Conviction, to levy by di&s;tre&s;&s;e and &s;ale of goods, and bind to the good Behavi|our, &s;uch as di&s;turb the execution of the Statute, of 39 <HI>Eliz.</HI> As Officers that &s;hall &s;end a Rogue by a generall Pa&s;port or that &s;hall refu&s;e to receive a Rogue when he is brought to them, or that &s;hall &s;hift him away, or that &s;hall not bring him to the next Pari&s;h; Or other per&s;ons that are not Officers, that &s;hall &s;hift away, or Re&s;cue a Rogue, or as hinder the &s;ettlement of a Rogue, or that when he is duly &s;etled in any place &s;hall remove him without Authority. But herein we mu&s;t give notice to the Ju&s;tice of Peace that this Statute is doubtfully penned. (as to the manner of <NOTE PLACE="marg">Caution to the Ju&s;ti|ces.</NOTE> Conviction) For the words are, That if the Offence &s;hall be confe&s;&s;ed by the Offender, or that the &s;ame &s;hall be pro|ved by two &s;ufficient and lawfull Wit|ne&s;&s;es. And doth not &s;ay what proof it &s;hall be, nor give power to the two Ju|&s;tices to take the Conviction by &s;uch proof. And therefore it is not, as we conceive, &s;afe for the two Ju&s;tices out of Se&s;&s;ions to do it. And yet it is more clear that the Ju&s;tices may do it upon the Confe&s;&s;ion of the Offender. But truly it is be&s;t to do it in the Se&s;&s;ions, and not &s;afe to do it otherwi&s;e; Nor &s;afe to follow our Pre&s;idents in the 18. chap. of the <HI>Clarks Cabinet,</HI> See chap. 7. Sect. 6. Numb. 19.</P>
<P N="4"><PB N="133" REF="71">4. There mu&s;t be two Ju&s;tices of the Peace, (and one of them of the <HI>Quo|rum)</HI> to &s;end to the hou&s;e of Correction. or Goal of the County, till the next Quarter-Se&s;&s;ions, an incorrigible Rogue, <NOTE PLACE="marg">Incorrigi|ble Rogues Caution.</NOTE> upon 39 <HI>Eliz.</HI> 4. And yet here we con|ceive the Ju&s;tice mu&s;t &s;ee him to be &s;uch a one, and he mu&s;t be before him, for he hath no means to convict him hereof, or otherwi&s;e we know not how he &s;hall ju&s;tify it.</P>
<P N="5">5. There mu&s;t be two Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> to appoint a privy Se&s;&s;ions, and to &s;end their Warrant to the Con&s;tables, and to command a privy &s;earch, three or four dayes before the meeting, and to ap|prehend, and bring before them all &s;uch &s;u&s;pitious per&s;ons, as in their &s;earch, they &s;hall find out, and to command all the Con&s;tables of Hundreds to be then there, and the Con&s;tables of Pari&s;hes upon Oath, to pre&s;ent under the Mini|&s;ters hand what Rogues they have ta|ken, puni&s;hed, and &s;ent away. And to &s;et a Fine of 40 s, or under, upon any of the &s;ame Con&s;tables, for not appear|ing before them, or for not making a Return, or for not making an Execution of their Warrant, or for not Executing the Ju&s;tices warrant at any time in the Convey of Rogues, to the Bridewell, up|on 7 <HI>Iac. 4. 21 I<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">c.</HI> 28. But herein is
<PB N="134" REF="72"> no way of Conviction of Offenders, or of Levy of the penalty &s;et down, and <NOTE PLACE="marg">Caution to the Ju&s;tices.</NOTE> therefore we cannot &s;ee any way to pu|ni&s;h the&s;e Officers herein with &s;afety, out of the Se&s;&s;ions.</P>
<P N="6">6. As to the poor man or Woman, <NOTE PLACE="marg">A poor man that doth threa|ten to run away from his Fami|ly.</NOTE> that is able to work, and that &s;hall threaten to run away, and leave his Family upon the charge of the Pari&s;h; in this ca&s;e any two Ju&s;tices of the Peace, upon proof hereof by the Oath of two witne&s;&s;es, may &s;end the Offender to the Hou&s;e of Correction, unle&s;&s;e he or &s;hee can put in &s;ufficient Secu|rity <NOTE PLACE="marg">Hou&s;e of Correcti|on.</NOTE> for the di&s;charge of the Pari&s;h, up|on 7 <HI>Iac.</HI> 4.</P>
<P N="7">7. As for &s;uch poor as have able bo|dies, <NOTE PLACE="marg">Poor that will not work.</NOTE> and nothing but their work to live by, and do not work in any ordinary and daily Trade to get their livings by their work; And the Over&s;eers of the poor do provide them work, and ap|point them to do it, and they will not work; It is &s;aid in this ca&s;e, that the Ju&s;tices, or any of them, may commit &s;uch per&s;ons to the Goal, or to the Bride-well: And &s;o are the words of the Statute of 43 <HI>Eliz.</HI> 20. But we cannot &s;ee how this can be done out of the Se&s;&s;ions; For there is no way of Conviction of the offence. And this therefore mu&s;t be nece&s;&s;arily implyed by the Act, that if they &s;hall puni&s;h,
<PB N="135" REF="72"> they mu&s;t fir&s;t Convict the offender.</P>
<P N="8">8. It hath been &s;aid, that &s;uch poor per&s;ons as begg beyond their licen&s;e. <NOTE PLACE="marg">Idle poor to be &s;ent to Bride-well.</NOTE> Such poor as are able to work, and are idle, or will not work, by the appoint|ment of the Over&s;eers of the poor; &s;uch common-Labourers, poor men, as refu&s;e to work for the wages appointed, and &s;ome others, may be &s;ent to Bride-well by the Ju&s;tices of the Peace: But we cannot &s;ee by what Authority; one|ly this in the 7 <HI>Iac.</HI> 4. That if Con|&s;tables &s;hall neglect to convey &s;afely all &s;uch Rogues, with all other idle and di&s;orderly per&s;ons, &amp;c. as by the Ju&s;ti|ces of Peace his Warrant &s;hall be &s;ent to the hou&s;es of Correction, &amp;c. That then they &s;hall forfeit, &amp;c. By which is implyed, that the Ju&s;tices might and do &s;end &s;uch per&s;ons thither. But this mu&s;t refer to the ca&s;es in which they are by other Lawes empowred to &s;end them thither. And how&s;oever it be, it is &s;ure it cannot be &s;afely done by any Ju&s;tices of the Peace out of the publick Se&s;&s;ions. See 39 <HI>Eliz. 4. 7 Iac.</HI> 4.</P>
<P N="9">9. As to the Warrants then in the <HI>Clerks Cabines,</HI> in Chap. 18. and &s;ome <NOTE PLACE="marg">Caution.</NOTE> of the <HI>Mittimus,</HI> in Chap. 25. which are contrary to the Cautions we have herein given, we do now (upon better Con&s;ideration) utterly di&s;like them, and advi&s;e the Ju&s;tices of the Peace not to u&s;e them.</P>
</DIV3>
<DIV3 N="49" TYPE="section">
<PB N="136" REF="73">
<HEAD>SECT. 49. About Sewers.</HEAD>
<P>SIx Ju&s;tices of the Peace (two of them of the <HI>Quorum)</HI> have &s;ome power with the Commi&s;&s;ioners of <HI>Sewers</HI> for a year. For which, &s;ee 13 <HI>Eliz.</HI> 9.</P>
</DIV3>
<DIV3 N="50" TYPE="section">
<HEAD>SECT. 50. About Sheriffs.</HEAD>
<P>AS to this head, the&s;e things are to be known:</P>
<P N="1">1. Any one Ju&s;tice may puni&s;h the defaults of Sheriffs in not returning good Jurors to enquire of a Forcible Entry. Upon 8 <HI>H.</HI> 6. 9.</P>
<P N="2">2. He may puni&s;h his defaults in the County Court, by entring a plaint in the name of a man not pre&s;ent, him|&s;elf, or his Atturney; or by not taking care that the Plaintiff in every Suit do put in his pledges; Or by entring more Plaints then one; or more then the Plaintiff doth de&s;ire for one and the &s;ame cau&s;e. Or where a proceeding
<PB N="137" REF="73"> is again&s;t a Defendant in a Suit, and he hath no warning to appear; In the&s;e ca&s;es, any one Ju&s;tice may exa|mine the Sheriff, or any of his Officers. And if he find the thing by their con|fe&s;&s;ion, or otherwi&s;e, he is to certifie it into the Exchequer, the Sheriff doth for|feit 40 s. Upon 11 <HI>H.</HI> 7. 15. So one Ju&s;tice may examine the Collectors of the Sheriff's Amercements of the Coun|ty-Court, if they have collected more then is due upon their E&s;treats. And if he find it &s;o, he may certifie the offence again&s;t them into the Exchequer. 11 <HI>H.</HI> 7. 15.</P>
<P N="3">3. There mu&s;t be two Ju&s;tices, and one of them of the <HI>Quorum,</HI> to over|look the Sheriff's Books and Amerce|ments, and to &s;eal the Indentures of his E&s;treats, and to &s;wear the Bayliff, that he &s;hall levy no more then is con|tained in tho&s;e E&s;treats. Upon 12 <HI>H.</HI> 7. 15.</P>
<P N="4">4. Any two Ju&s;tices (one of them be|ing of the <HI>Quorum)</HI> may give the Under-Sherift, his Bayliffs of Franchi|les, Deputies, and Clerks their Oaths, which they are to take, before they med|dle with their Office. Upon 27 <HI>Eliz.</HI> 12.</P>
</DIV3>
<DIV3 N="51" TYPE="section">
<PB N="138" REF="74">
<HEAD>SECT. 51. About a Supplicavit.</HEAD>
<P N="1">1. THis Writ, the Ju&s;tice to whom it is &s;ent and given, mu&s;t &s;ee that he do execute it.</P>
<P N="2">2. He is thereupon to &s;end his War|rant to the Con&s;table, to bring the par|ty to be bound, before him, to put in Sureties according to the Writ; or if he refu&s;e, to carry him to Goal. And if the &s;um be left to his di&s;cretion, it is fit for him to &s;et down a good Sum.</P>
<P N="3">3. After Sureties given, he is to grant a <HI>Super&s;edeas,</HI> to &s;top all other proceed|ings upon Warrants granted by him|&s;elf or other Ju&s;tices, to the &s;anie end.</P>
<P N="4">4. He need not certify the Recogni|&s;ance till a <HI>Cerciorari</HI> come to require it.</P>
</DIV3>
<DIV3 N="52" TYPE="section">
<HEAD>SECT. 52. About Super&s;titious Reliques.</HEAD>
<P>ANy one Ju&s;tice of Peace where any Altars, Tables of Stone, Cruci|fixes, Cro&s;&s;es, Images, Pictures of any Per&s;on of the Trinity, or Saint, or like &s;uper&s;titious Reliques, are yet remain|ing,
<PB N="139" REF="74"> may upon Information to him gi|ven thereof, cau&s;e the &s;ame to be taken down. Upon <HI>Ord.</HI> May, 1644.</P>
</DIV3>
<DIV3 N="53" TYPE="section">
<HEAD>SECT. 53. About Swearing and Cur&s;ing.</HEAD>
<P>AS to him that doth pro&s;anely Swear or Cur&s;e, Any one Ju|&s;tice of Peace, upon his own hearing thereof, the Confe&s;&s;ion of the patry, or Oath of one Witne&s;&s;e, may &s;end his Warrant to the Con&s;table, to levy di&s;tre&s;&s;e and &s;ale of goods, to the u&s;e of the poor, &amp;c. the Forfei|tures appointed by the Act. Which is, if the offender be above 14 years old, and in degree, a Lord, or higher, 30 s. If a Baronet, or Knight, 20 s. If an E&s;quire, 10 s. If a Gentleman, 6 s. 8 d. If a common per&s;on, 3 s 4 d. And this for the fir&s;t offence. And after one Conviction, for every offence afterwards twice as much. And in ca&s;e no di|&s;tre&s;&s;e can be had, nor Surety given to pay the money; Then to put the offen|der (for the fir&s;t offence) in the Stocks three hours. And for every offence after the fir&s;t Conviction, &s;ix hours. And if the offender be under 12 years old, then the Ju&s;tice may &s;end his War|rant to the Con&s;table to &s;ee him whip|ped
<PB N="140" REF="75"> by the Father, or Ma&s;ter of the offender, in pre&s;ence of the Con&s;table: Or that the Con&s;table do it him&s;elf. And of this Conviction, the Ju&s;tice of Peace is to keep a Record, and to make Certificates quarterly to the Clerk of the Peace. Upon 22 June, 1650. But he that is by Jury in a Se&s;&s;ions (be|ing Indicted) found guilty of &s;wearing the Tenth Oath (or ten times) once, is to be adjudged a common-Swearer, and to be bound to the good Behaviour, <NOTE PLACE="marg">Good Be|haviour.</NOTE> with good Sureties, for three years, over and be&s;ides the Forfeitures afore&s;aid. Or the Ju&s;tice of Peace may, if he will, after he hath taken the Convicti|on, &s;end his Warrant to the Con&s;table to apprehend the body of the offender, and bring him before him, to be pro|ceeded again&s;t as before. And there the Ju&s;tice may perhaps per&s;wade him to pay to the Con&s;table the Forfeiture impo&s;ed. But if he will not do it, the <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> Ju&s;tice mu&s;t let him go, and can do no more, but &s;end his Warrant as be|fore.</P>
</DIV3>
<DIV3 N="54" TYPE="section">
<PB N="141" REF="75">
<HEAD>SECT. 54. About a Te&s;timonial, or Certificat.</HEAD>
<P>AS to this, the&s;e things are to be known:</P>
<P N="1">1. Any one Ju&s;tice may give a <NOTE PLACE="marg">Labourers.</NOTE> Te&s;timonial under his hand and Seal, to Labourers, to go into another Coun|ty to work in the Harve&s;t-time. Upon 5 <HI>Eliz.</HI> 4.</P>
<P N="2">2. There mu&s;t be two Ju&s;tices to give a Te&s;timonial to a Servant of his de|parting <NOTE PLACE="marg">Servant.</NOTE> out of his Ma&s;ters Service with his good will. Upon 5 <HI>Eliz.</HI> 4.</P>
<P N="3">3. There mu&s;t be three Ju&s;tices to certifie under their hands and &s;eals, the worth of the Parents or Children, to be taken in as Apprentices or Servants <NOTE PLACE="marg">Appren|tices</NOTE> to Clothiers, or Merchants. Upon 5 <HI>Eliz.</HI> 4.</P>
<P N="4">4. There mu&s;t be two Ju&s;tices of the Peace, and one of them of the <HI>Quorum,</HI> to certifie to the Se&s;&s;ions again&s;t an Ale-hou&s;e-keeper, that he doth &s;ell Ale without Licen&s;e. Upon <NOTE PLACE="marg">Ale-hou&s;e-keeper.</NOTE> 5 and 6 <HI>Ed.</HI> 6. 25.</P>
<P N="5"><PB N="142" REF="76">5. One Ju&s;tice may certifie deceive. able <NOTE PLACE="marg">Deceive|able Cloth.</NOTE> Cloth. Upon 21 <HI>Iac.</HI> 18.</P>
<P N="6">6. One Ju&s;tice may joyn with a Cu&s;tomer, to certifie the unlading, and &s;elling of Corn, and Cattle carried from one part of the Land to another. Upon 5 &amp; 6 <HI>Ed.</HI> 6. 14.</P>
<P N="7">7. One Ju&s;tice may take and certifie <NOTE PLACE="marg">Je&s;uit.</NOTE> into the Chancery, the &s;ubmi&s;&s;ion, and Oath of a Je&s;uit, or Prie&s;t, given within three dayes of his landing in <HI>England.</HI> Upon 27 <HI>Eliz.</HI> 2.</P>
<P N="8">8. One Ju&s;tice near to the place where a Souldier or Mariner &s;hall land, <NOTE PLACE="marg">Mariner or Souldier.</NOTE> may give a Te&s;timonial to him, &s;hewing where he landed, whither he is to go, and in what time he is to go it. Upon 39 <HI>Eliz.</HI> 17.</P>
<P N="9">9. One Ju&s;tice may take and certifie the Examinations of a Dyer and his Servants about Logwood. Upon <NOTE PLACE="marg">Logwood.</NOTE> 39 <HI>Eliz.</HI> 11.</P>
<P N="10">10. One Ju&s;tice may under his hand and &s;eal, with the Con&s;table or Mini|&s;ter, give a Te&s;timonial of the whipping of a Rogue, and limit the place whither <NOTE PLACE="marg">Rogue.</NOTE> he is to go, and in what time he is to go it. Upon 39 <HI>Eliz.</HI> 4.</P>
<P N="11"><PB N="143" REF="76">11. Recogni&s;ances and Examinations <NOTE PLACE="marg">Recogni|&s;ances. Examina|tions.</NOTE> taken before one Ju&s;tice of Peace, may be certified by him alone unto the Se&s;|&s;ions, Judges of the Goal-delivery, or Ju&s;tices of the Se&s;&s;ions. But when they are taken before two or more Ju&s;tices; there, a Certificate thereof by one of them is not &s;ufficient.</P>
<P>See more, <HI>Cerciorari</HI> Sect. 21. of this chap. <HI>Forcible Entry,</HI> Sect. 18. of this chap. <HI>Felony.</HI> chap. 3. Sect. 16. Numb. 8.</P>
</DIV3>
<DIV3 N="55" TYPE="section">
<HEAD>SECT. 55. About Tythes.</HEAD>
<P>AS to the power of the Ju&s;tices of the Peace, to hear and determine mat|ters of Tythe, the&s;e things are to be known.</P>
<P>Any two Ju&s;tices of the Peace, not be|ing Patron of the place wherein the Sub|&s;traction is, nor parties, nor any way intere&s;ted in the thing in que&s;tion, may therein out of any Se&s;&s;ions, do the&s;e fol|lowing things.</P>
<P N="1">1. They may &s;end their Warrant of Summons to the Con&s;table of the place where, &amp;c. to call in the per&s;on com|plained of before them.</P>
<P N="2"><PB N="144" REF="77">2. They may upon his default &s;end a &s;econd Summons.</P>
<P N="3">3. They may upon the parties &s;e|cond default (the &s;ame &s;ummons being proved upon Oath) in the ab&s;ence of the defendant, or in his pre&s;ence, upon his Appearance, proceed by the Oaths of Witne&s;&s;es, and other proofs on either &s;ide to hear and determine the matter in difference between the parties, And by writing under their hands and Seals, ad|judge the Ca&s;e, and give rea&s;onable co&s;ts and damages to either party, as they &s;hall think fit.</P>
<P N="4">4. They may al&s;o if they plea&s;e give treble damages where the Statute doth allow it.</P>
<P N="5">5. If the party do not within 30 dayes after he hath notice given to him of this Judgment given by the Ju&s;tices of Peace, pay to the complaynant, the Tythes, or Money &s;o adjudged according to the Judgment, then the &s;ame two Ju&s;tices upon complaint made to them, may give and &s;end their warrant to the Plaintiff, the Con&s;table, or &s;uch other per&s;ons as the Plaintiff &s;hall name, to di&s;train and &s;ell the goods, and Chattels of the De|fendant to &s;atisfy it, rendring the Over-plus.</P>
<P N="6"><PB N="145" REF="77">6. If no di&s;tre&s;&s;e can be had to &s;atisfy the Judgment, the &s;ame or any two Ju&s;ti|ces may by their warrant, &s;end the De|fendant to Goal without Bayl, till he do &s;atisfy the debt upon the Judgment.</P>
<P N="7">7. If the Officer or other per&s;on im|ployed about the Execution of this Warrant of the two Ju&s;tices, they may fine them for it, any &s;um not exceeding 40 s. to the u&s;e of the poor of the place where, &amp;c. And &s;end their warrant to whom they plea&s;e to levy the Fine, to le|vy it of his goods and Chattels, upon Ord. 8. <HI>November</HI> 1644, 9th <HI>Augu&s;t,</HI> 1647. 20th <HI>October</HI> 1648. But in this work the Ju&s;tices mu&s;t take care of the&s;e four things. 1. That the Plain|tiff <NOTE PLACE="marg">Caution to Ju&s;tices.</NOTE> have a good Title to the thing in demand. 2. That the Defendant be a Pari&s;hioner. 3. That the thing de|manded be a <HI>modus Decimandi,</HI> or a Tythe paid two years before the wars, 4. That the proceedings be in every particular, according to the directions given by the Ordinance.</P>
</DIV3>
<DIV3 N="56" TYPE="section">
<PB N="146" REF="78">
<HEAD>SECT. 56. About Titles of Honour A&s;&s;umed.</HEAD>
<P>IF any by writing or otherwi&s;e, do voluntarily, and knowingly give to any per&s;on any Title of Honour, or Dignity given to him by the late King, &s;ince January 4th, 1641; In this ca&s;e ony one Ju&s;tice of Peace, upon the Confe&s;&s;ion hereof by the party, or Oath of one witne&s;&s;e, may &s;end his Warrant to the Con&s;table of the place where, &amp;c. to levy by way of di&s;tre&s;&s;e and &s;ale of goods, rendring, &amp;c. the 10 s. Forfeiture named in the <HI>Act.</HI> And if there be no di&s;tre&s;&s;e, to put him in the Stocks for three hours. Febr. 4th, 1641.</P>
</DIV3>
<DIV3 N="57" TYPE="section">
<HEAD>SECT. 57. About Tran&s;portation.</HEAD>
<P>IF any load a ship, or carry away in any Ship or Ve&s;&s;el, with intent to tran&s;port any Wool, Yarn, Woollen Flox, Wooll-Fell, Fullers-Earth, Clay, <NOTE PLACE="marg">Fullers Earth.</NOTE> Tobacco-pipe-Clay, or any other Earth or Clay, which may be u&s;ed in the
<PB N="147" REF="78"> Art of Fulling beyond Sea, and the owner of the ground where it is dig|ged, do by a note under his hand, ofter to di&s;cover it to any one Ju&s;tice of Peace; This Ju&s;tice mu&s;t receive it, and within three moneths a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ter the di&s;|covery <NOTE PLACE="marg">Certificate.</NOTE> thereof, make it known by his Certificate under his hand and &s;eal to the Batons of the Exchequer. 9. Jan. 1647.</P>
</DIV3>
<DIV3 N="58" TYPE="section">
<HEAD>SECT. 58. About a Tre&s;pa&s;&s;e in Orchards, Woods, &amp;c.</HEAD>
<P>AS to him that &s;hall cut, or carry away &s;tanding corn, rob Orchards or Gardens of Fruit, &amp;c. break hedges, or do any &s;uch like thing, that is not Felony; In this ca&s;e any one Ju&s;tice of Peace, upon the confe&s;&s;ion of the offence by the party, or proof thereof by the Oath of one witne&s;&s;e, may order the offender to give the party wronged &s;uch &s;atisfaction as the Ju&s;tice &s;hall think fit. Or if he judge him unable to make any &s;atisfaction by money; or however, in ca&s;e of a &s;econd offence, the Ju&s;tice may &s;end his Warrant to the Con&s;table to whip him. And if the Con&s;table
<PB N="148" REF="79"> neglect to do his duty upon this War|rant, the Ju&s;tice may &s;end him to Goal till he procure the party to be whipt. according to the Ju&s;tice of Peace his Warrant, 43 <HI>Eliz.</HI> 7. But there is no way nor power given to the Ju&s;tice to convict the Con&s;table of this neglect. And therefore this puni&s;hment may not be inflicted but in a Se&s;&s;ions-way. If the Ju&s;tices have power of it there. Wherefore otherwi&s;e they may fine him, or bind him to the good Beha|viour for his contempt, as an offence at the Common-Law. Some &s;ay al&s;o, that for a common-hedg-breaker, wood|&s;tealer, or robber of Orchards, That he may be &s;ent to the Hou&s;e of Cor|rection, <NOTE PLACE="marg">Bridewell.</NOTE> which is more then we dare affirm. But this is certain, That if it be done, it mu&s;t be done by order of the Ju&s;tices of the Peace in and not out of the Se&s;&s;ions.</P>
</DIV3>
<DIV3 N="59" TYPE="section">
<HEAD>SECT. 59. About warrants made by the Ju&s;tices.</HEAD>
<P>AS to the Warrants the Ju&s;tices of Peace are to make, the&s;e things are to he heeded:</P>
<P N="1"><PB N="149" REF="79">1. It is &s;afe for the Ju&s;tice to make all his Warrants in writing.</P>
<P N="2">2. To &s;ee they be perfectly done when the Ju&s;tice doth Sub&s;cribe them. And not to leave them with blanks, to be filled up afterwards by others.</P>
<P N="3">3. In all ca&s;es his hand mu&s;t be &s;ub&s;cribed; and in &s;ome ca&s;es his Seal is nece&s;&s;ary. And therefore it is be&s;t in all ca&s;es to put his hand, and affix his &s;eal to it.</P>
<P N="4">4. For the manner of penning it; He may (if he will) put the &s;tyle of it in the Lord Protector's Name, thus; <HI>Glouc.</HI> ff. <HI>Oliver,</HI> Lord, &amp;c. Or he may &s;end it in his own Name, <HI>A. B.</HI> E&s;quire, one of the Ju&s;tices, &amp;c. Or without any &s;tyle at all (thus); Com|plaint being made to me, &amp;c. The&s;e are to require you, &amp;c. And it may be with, or without, a <HI>Te&s;le.</HI> But it is <NOTE PLACE="marg">Te&s;te,</NOTE> not ami&s;&s;e to &s;ay, <HI>Witne&s;&s;e my hand and &s;eal,</HI> &amp;c. And a certain Date of the <NOTE PLACE="marg">Date,</NOTE> day, moneth, and year, may not be omitted. See in the <HI>Clerks Cabinet,</HI> and in the 30th Chapter of my fir&s;t Book of the Ju&s;tice of Peace his Office, more of this.</P>
<P N="5">5. The Ju&s;tice is to take care hi Warrant be penned plainly and clear
<PB N="150" REF="80"> ly, that the Officer that is to execute it, may under&s;tand, and to declare am|biguous words in it. Such as this, <HI>That you cau&s;e to come before me:</HI> for by this he may not under&s;tand, whether he may fummon him to come, or bring him pri&s;oner. And therefore to &s;ay rather, <HI>That you warn or &s;ummon bin to come, or be, before me,</HI> &amp;c.</P>
<P N="6">6. If the Warrant be to be grounded on a Statute-Law, the more care mu&s;t be had in it, exactly to pu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;ue the di|rections of the Statute therein. And where the Statute &s;aith, It &s;hall be un|der the hand and &s;eal of the Ju&s;tice; or to the Con&s;tables and Church-War|dens, accordingly to pen it.</P>
<P N="7">7. If a Warrant be made by a Ju|&s;tice, to apprehend a man, and bring him before this, or &s;ome other Ju&s;tice of the Peace, it is &s;afe to &s;et down in the Warrant the cau&s;e of it, as that it is to put in Sureties of the Peace, or for the good Behaviour, or becau&s;e he is charged with a Felony, or the like, And to be &s;ure, the cau&s;e will bear &s;uch a Warrant. And therefore we cannot approve (at any hand) the u&s;ual War|rant to attach or apprehend men, and bring them before a Ju&s;tice of Peace; and &s;ay no more, but for mi&s;demeanor onely; or to an&s;wer to &s;uch matters as &s;hall be objected again&s;t him. See
<PB N="151" REF="80"> for this, Coo. 2. Part of <HI>In&s;t.</HI> 59<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">.</P>
<P N="8">8. Where by a Statute-Law, power is given to a Ju&s;tice or Ju&s;tices of the <NOTE PLACE="marg">Caution.</NOTE> Peace, to commit to pri&s;on, Bride-weil, or the like, in ca&s;e of lack of di&s;tre&s;&s;e, or in&s;ufficiency, or the like, whereby to levy the forfeiture, There the be&s;t way for the Ju&s;tices, is to do it by one Warrant thus, and therein pur&s;ue the words of the Warrant thus; That you levy of the goods, &amp;c. And in ca&s;e you can find no di&s;tre&s;&s;e, [or for lack of di&s;tre&s;&s;e] or that the party be in&s;uffi|cient, &amp;c. That then you carry him to Goal for three dayes; Or that you whip him, &amp;c. [as the ca&s;e is] accord|ing to the Statute in that ca&s;e provided. Rather then to take upon him to know his in&s;ufficiency, or lack of di&s;tre&s;&s;e. And thereupon to &s;end a &s;econd War|rant ab&s;olutely to do it.</P>
<P N="9">9. Where any of the Pre&s;idents in the <HI>Clarks Cabinet</HI> do differ from the things we have laid down in this Work, our advice is, that you do not follow them.</P>
</DIV3>
<DIV3 N="60" TYPE="section">
<PB N="152" REF="81">
<HEAD>SECT. 60. About Watch and Ward.</HEAD>
<P>ANy one Ju&s;tice of Peace may cau&s;e Watches to be &s;et from Sun to Sun, between A&s;een&s;ion and Mi|chaelmas-day. But it is hand&s;ome to do this by two or more Ju&s;tices of the Peace, at a Meeting of Ju&s;tices. And if neglect be found in them that Watch, or look to the Watch, one Ju&s;tice alone may puni&s;h it, perhaps by binding to the good Behaviour; or <NOTE PLACE="marg">Good Be|haviour.</NOTE> (which is more &s;afe) he may cau&s;e him to be Indicted at the Se&s;&s;ions for it.</P>
</DIV3>
<DIV3 N="61" TYPE="section">
<HEAD>SECT. 61. About Weights and Mea&s;ures.</HEAD>
<P>AS to him that &s;hall buy, or &s;ell by, or keep, any other Weight or Mea&s;ure, whereby any thing is bought or &s;old then accord|ing to the Standard of the Exchequer;
<PB N="153" REF="81"> In this ca&s;e any one Ju&s;tice of Peace may upon the proof hereof by the oath of one witne&s;&s;e, convict him, and then may &s;end his Warrant to the Church-Wardens and Over&s;eers of the place where, &amp;c. or one of them, to give them notice hereof, who by their Offices are to levy of him 5 s. to the u&s;e of the Poor of the place where, &amp;c. by di&s;tre&s;&s;e and &s;ale of goods, rendring, &amp;c. And if there be no di&s;tre&s;&s;e, the Act is, to &s;end the offender to Goal, till he pay the For&s;eiture. But it doth not give power to the Ju&s;tice to do it; and yet it is conceived to be good. But &s;ee Chap. 7. Sect. 6. 16. and 17. Car. 19.</P>
<P>Two Ju&s;tices of the Peace (one of them of the <HI>Quorum)</HI> may by exami|nation and enquiry, hear and deter|mine the de&s;aults of Head-Officers, and Buyers and Sellers in Market-Towns, Cities, and Burroughs, that have not common Ballances and Mea|&s;ures according to the Exchequer, and tho&s;e &s;ealed; Or that buy and &s;ell with any other. And that have not their Weights and Mea&s;ures viewed every car. 11 <HI>H.</HI> 7. 4. But this (we <NOTE PLACE="marg">Caveat to Ju&s;tices.</NOTE> conceive) cannot be done, but by the holding of a Speciall Se&s;&s;ions by two Ju&s;tices for this purpo&s;e.</P>
</DIV3>
<DIV3 N="62" TYPE="section">
<PB N="154" REF="82">
<HEAD>SECT. 62. About a Wood.</HEAD>
<P>TWo Ju&s;tices of the Peace, ap|pointed by the Se&s;&s;ions of Ju|&s;tices, may divide a Wood be|tween the Lord and his Com|moners, where they cannot agree, 35 <HI>H.</HI> 8. 17.</P>
<P>We have done with what we have to &s;ay of the Ju&s;tices of Peace their power out of the Se&s;&s;ions. And now one word to what they may do within their Se&s;&s;ions.</P>
</DIV3>
</DIV2>
<DIV2 N="4" TYPE="chapter">
<PB N="155" REF="82">
<HEAD>CHAP. IV. Of the Power of the Iu&s;tices of the Peace, in the Se&s;&s;ions of the Peace.</HEAD>
<P>AS to this, the&s;e things are fir&s;t to be known,</P>
<P N="1">1. That the generall or Quarter-Se&s;&s;ions, for all the bu&s;ine&s;&s;e of the <NOTE PLACE="marg">The time.</NOTE> County, may be kept but once a Quar|ter. And that mu&s;t be at the time ap|pointed, and now u&s;ed. But the &s;peci|all or privy Se&s;&s;ions, (which is a Se&s;&s;i|on<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> appointed for &s;ome &s;pecial bu&s;ine&s;&s;e) may be kept o&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ner. as the Ju&s;tices of the Peace have occa&s;ion to keep it.</P>
<P N="2">2. That there being pre&s;ent (as there mu&s;t be) two Ju&s;tices of the Peace at <NOTE PLACE="marg">What Ju|&s;tices mu&s;t be there.</NOTE> lea&s;t, And one of the&s;e 2 of the <HI>Quo|rum.</HI></P>
<P N="3">3. They may exerci&s;e all the power given to them, by the Common-Law, <NOTE PLACE="marg">Their pow|er there.</NOTE> upon the Commi&s;&s;ion of the Peace; and all the power given them by the Statutes: which give them either a ge|neral power, as Ju&s;tices of Peace to hear and end, and do not &s;ay where or how. Or that give power to hear and end in their general or quarter Se&s;&s;ions; or<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> in
<PB N="156" REF="83"> their ordinary Se&s;&s;ions, or in their prin|cipal Se&s;&s;ions, or in their Se&s;&s;ions. And there they have power to hear and de|termine divers Criminal matters, or to puni&s;h divers offences. Some by the Common-law. And &s;o they can there puni&s;h divers offences that are again&s;t the publick peace, as &s;ome Felonies, Nu&s;ances, Frauds, Riots, Routs, For|cible Entries, Maims, Batteries, A&s;&s;aults, Extortions, Con&s;piracies, Libellings, and &s;landring Tre&s;pa&s;&s;es, and Mi&s;carriage of Officers, and other things. And &s;ome of the&s;e are oftences &s;o made by divers Acts of Parliament, and the pow|er of Hearing and Judging upon them (among&s;t others) is given to the Ju&s;tices of the Peace. And &s;o they can puni&s;h in this Court, 1. The Badgers, La|ders, <NOTE PLACE="marg">Badgers, Drovers. &amp;c.</NOTE> or Drovers, that do buy and &s;ell Corn without, or beyond their Licence, upon 5, and 6 <HI>Ed.</HI> 6. 14. 5 <HI>Eliz.</HI> 12. 13 <HI>Eliz.</HI> 25. Bakers, and Brewers, that <NOTE PLACE="marg">Bakers, Browers.</NOTE> break the A&s;&s;ize, upon 51 <HI>H.</HI> 3. 13 <HI>R.</HI> 2. 8. And that &s;ell at unrea&s;onable Rates, or at higher prices then the Ju|&s;tices &s;et down, upon 23 <HI>H.</HI> 8. 4. The Brewer for &s;elling Ale or Beer to an un|licen&s;ed Ale-hou&s;e-keeper, more then to &s;erve his hou&s;e, upon 4 <HI>Iac.</HI> 4. The Brewer that is a Cooper, and makes Barrells, upon 23 <HI>H</HI> 8. 4. The Baker, or Brewer, that con&s;pire together to &s;ell <NOTE PLACE="marg">C<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">n&s;pira|cy.</NOTE> their Victualls and drink but at certain prizes, upon 2, and 3. <HI>Ed.</HI> 6. 15. 3.
<PB N="157" REF="83"> The Baliffs of Sheriffs, and others, that gather the Sheriffs Amercements of <NOTE PLACE="marg">Bailiffs. In levy of Amearce|ments.</NOTE> his Courts, before the E&s;treats be ex|amined by two Ju&s;tices of the Peace, or before the Bayliff is &s;worn, o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> that &s;hall gather more then is upon his E&s;treat, upon 11 <HI>H.</HI> 7. 15. 4. Such as do not Bark Oaken Trees when they are felled, <NOTE PLACE="marg">Bark.</NOTE> upon 1 <HI>Iac.</HI> 22. 5. Bla&s;phemers and Hereticks, upon Ord. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. <HI>Augu&s;t</HI> 1650, <NOTE PLACE="marg">Bla&s;phe|mers and Hereticks. Butchers. Con&s;pira|cy. Cattle.</NOTE> and 2 <HI>May</HI> 1648. 6. Butchers, for a Con&s;piracy not to &s;ell their meat but at &s;uch Rates, upon 2, and 3 <HI>Ed.</HI> 6. 15. For buying and &s;elling again of live Cattell, upon 3, and 4 <HI>Ed.</HI> 6. 19. 1 <HI>Iac.</HI> 25. For killing of weanlings under two years old for &s;ale; upon 24 <HI>H.</HI> 8. 9. 1 <HI>Iac.</HI> 25. For &s;elling mea&s;l'd, or mur|rain fle&s;h, upon 51. <HI>H.</HI> 3. For ga&s;hing or hurting of Hides out of &s;ea&s;on, upon 1 <HI>Iac.</HI> 22. For &s;elling of Calves under five weeks old, upon 1 <HI>Iac.</HI> 22. For u|&s;ing <NOTE PLACE="marg">Calves.</NOTE> the Trade of a Tanner and Butcher together; upon 1 <HI>Iac.</HI> 22. Or for kil|ling or &s;elling on the Lords day. For which, &s;ee Lords day. 7. Here they may puni&s;h the Abu&s;es by the making, weigh|ing, and packing up of Butter, upon <NOTE PLACE="marg">Butter.</NOTE> the <HI>Act</HI> of 12 <HI>March,</HI> 1649. 3 and 4 <HI>Ed.</HI> 6. 21. 21 <HI>Iac.</HI> 22. And forbid &s;uch as buy butter and chee&s;e for a time upon 12 <HI>March,</HI> 1649. 8. Captains <NOTE PLACE="marg">Captains and Soal|diers.</NOTE> and Souldiers that offend about their Mu&s;ters, departure from their Service
<PB N="158" REF="84"> purloyning their Arms, and the like offences, upon 21 <HI>H.</HI> 6. 19. 18 <HI>H.</HI> 6. 19. 7 <HI>H.</HI> 7. 1. 3 <HI>H.</HI> 8. 5. 2 and 3 <HI>Ed.</HI> 6. 2. 5 <HI>Eliz.</HI> 5. 39 <HI>Eliz.</HI> 17. 9 Such as do not keep &s;o many Sheep, up|on 25 <HI>H.</HI> 8. 13. or do not breed &s;o ma|ny Cattle, upon 2 and 3 <HI>Pb.</HI> and <HI>M.</HI> <NOTE PLACE="marg">Cattel</NOTE> 3. 7 <HI>Iac.</HI> 8. 25 <HI>H.</HI> 8. 13. or buy and &s;ell Cattle again, again&s;t 3 and 4 <HI>Ed.</HI> 6. 19. 10. S<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">th as make any chal|lenges, or Fight any Duells, or conceal <NOTE PLACE="marg">Challenges and Duels. Quarrel|lers. Provoking words or Ge&s;tures. Cordwai|ners, Tan|ners, &amp;c.</NOTE> them, and know thereof. And &s;uch as u&s;e any di&s;gracefull, or provoking words or ge&s;tures again&s;t another, upon 29 <HI>June</HI> 1654, and 17 <HI>September</HI> 1656. 11. Here they may puni&s;h Cordwainers, Carriers, Tanners, Shoomakers, and the like, for their mi&s;carriage in their Trades, about Hides, Leather, Boots, and Shooes, Calves skinned, and the like. Upon 27 <HI>H.</HI> 8. 14. 5 <HI>Ed.</HI> 6. 15. 1 <HI>Mar.</HI> 2. 8. 5 <HI>Eliz.</HI> 22. 1 <HI>Iac.</HI> 22. 4 <HI>Iac.</HI> 6. 12. Such as keep Markets and Fairs in Churches, and Church-yards, <NOTE PLACE="marg">Church, and Church-yard.</NOTE> upon the Statute of <HI>Winche&s;ter,</HI> 1 <HI>Ed.</HI> 1. and the new Law of 17 <HI>Sep|temb.</HI> 1656. And &s;uch as &s;trike or draw weapon in a Church or Church-yard, upon 5 and 6. <HI>Ed.</HI> 6. 4. And the not repairing of Churches and I&s;les, upon Ord. 9. <HI>February,</HI> 1646, 13. Here they may puni&s;h the Offences, and Offenders, about the making and or|dering of Cloath, upon 21 <HI>Iac.</HI> 18. <NOTE PLACE="marg">Cloth, and Clothiers.</NOTE> 3 and 4 Ed. 6. 2. 23 Eliz. 9. 39
<PB N="159" REF="84"> Eliz. 20. 4 Jac. 2. 43 Eliz. 10. 21 Jac. 6. 7. 5 and 6 Ed. 6. 5. 22. 36 Eliz. 11. 39 Eliz. 11. 14. Puni&s;h Artificers, Labourers, that agree to do but &s;uch work, or to work at &s;uch a <NOTE PLACE="marg">Con&s;pira|cy of Ar|tificers, &amp;c.</NOTE> rate; or Butchers, Bakers, Brewers, Poul|terers, Cooks, Co&s;ter-mongers, or Fruiterers that agree to &s;ell their Vi|&s;tualls but at certain prizes, upon 2 and 4 Ed. 6. 15. and 5 Eliz. 4. if that Law continue, whereof &s;ome doubt. 15. Here they may order the &s;etting up of hou&s;es of Correction, and Rate the <NOTE PLACE="marg">Correcti|on-Hou&s;e.</NOTE> County to do it, make, and change the Governour, or Ma&s;ter of it, and order and puni&s;h him at their di&s;cretion, upon 7 Jac. 4. 16. Here they may puni&s;h &s;uch as turn Corn into meal, and Flow|er, <NOTE PLACE="marg">Corn.</NOTE> and &s;ell it otherwi&s;e thenis appoint|ed, by 23 <HI>October</HI> 1650. 17. Such <NOTE PLACE="marg">Cottages, and In-mates. Counter|feiters of fal&s;e To|kens. Crowes, Directory Service of God.</NOTE> as build or keep up Cottages again&s;t 31 Eliz. 7. 18. Such as cheat other men of their money, or goods, by fal&s;e tokens, upon 33 <HI>H.</HI> 8. 1. 19. Such as neglect their duty in taking Crowes, upon 24 <HI>H.</HI> 8. 10. 20. Such as ob|&s;erve it not in the &s;ervice of God, upon 21 <HI>Augu&s;t,</HI> 1645. (as &s;ome &s;ay.) But it &s;eems to me, the Ju&s;tices of Peace have not to do with it by that Ordi|nance. And that that law is Su&s;pen|ded by a Clau&s;e in 17 <HI>Septemb.</HI> 1656. 21. Such as oftend about Fa&s;ting, or <NOTE PLACE="marg">Fa&s;ting and Fi&s;h-dayes, Fi&s;h.</NOTE> Fi&s;h-dayes, upon 5 Eliz. 5. 22. Such as offend by taking, and de&s;troying of
<PB N="160" REF="85"> Fi&s;h, by cutting of the heads of Ponds, or otherwi&s;e, upon 13 Ed. 1. 46. 13 R. 2. 2. 17 R. 2 9. 1 Eliz. 17. 27. 5. Eliz. 21. 3 Jac. 12. 21 <HI>H.</HI> 8. 2. 5 Eliz. 5. or in the packing or &s;ale thereof, upon 22 Ed. 4. 2. 11 <HI>H.</HI> 7. 23. 5 and 6 Ed. 6. 14. 5 Eliz. 5. 3<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Ed. 3. Stat. 1. 2. 3. 23. Here they may puni&s;h a Servant, or Mari|ners, <NOTE PLACE="marg">Forgery.</NOTE> for forging a Te&s;timoniall, and others, for forging of fal&s;e Letters, and Tokens to get money, upon 5 Eliz. 5. 33 H. 8. 1. 24. So Fore-&s;tallers, <NOTE PLACE="marg">Fore&s;tal|lers, Re|grators, &amp;c.</NOTE> Regrators, and Ingro&s;&s;ers of Corn, Cat|tell, or other provi&s;ion, upon 5 and 6 Ed. 6. 14. 13 Eliz. 25. 5 Eliz. 12. Act 29th <HI>October</HI> 1650. Of Bark, up|on 1 Jac. 22. Of Hides, upon 1 Jac. 22. Of Wool, upon 1 and 2 Ph. and M. 13. of Tanned Leather, upon 5 and 6 Ed. 6. 15. 25. So al&s;o the Gold&s;miths, for their offences in their Trades, upon 2 H. 6. 14. <HI>Articuli &s;uper Chart.</HI> 20. <NOTE PLACE="marg">Gold|&s;miths, and Gilding.</NOTE> 28 Ed. 1. 4 H. 7. 2. 8 H. 5. 3. 2 H. 5. Stat. 2. cap. 4. 18 Eliz. 15. 17 Ed. 3. 14. 26. So al&s;o Offen|ders about Guns, upon 33 H. 8. 6. 2 <NOTE PLACE="marg">Guns.</NOTE> and 3 Ed. 6. 14. 27. So al&s;o offen|ders about High-wayes, upon two and <NOTE PLACE="marg">High-ways</NOTE> 3 <HI>Ph.</HI> and <HI>M.</HI> 8. 29 Eliz. 5. 5. Eliz. 13. 18 Eliz. 10. 22 H. 8. 5. by offi|cers; or others that do not help to a|mend them. And by any that do hurt them by Nu&s;ances done to them. 28.
<PB N="161" REF="85"> Offenders about the breed and keeping of Hor&s;es, upon 32 H. 8. 13. 1 Ed. <NOTE PLACE="marg">Hor&s;es.</NOTE> 6. 5. 8 Eliz. 8. 21 Jac. 28. The not Tolling of Hor&s;es in a Fair, upon 2 <NOTE PLACE="marg">Tolle.</NOTE> and 3 Ph. and M. 2. 31 Eliz. 12. 29. The neglect of pur&s;uit of Hue-and-Cry, upon 27 Eliz. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">3. 3 Ed. 1, 9. <NOTE PLACE="marg">Hue-and-Cry.</NOTE> 13 Ed. 1, 3. 30. The Offenders in Hunting, Hawking, &amp;c. upon 1 <NOTE PLACE="marg">Hunting, Hawking, &amp;c.</NOTE> Jac. 27. 3 Jac. 13. 19 H. 7. 11. 1 H. 7, 7. 7 Jac. 11, 13. 5 Eliz. 21. 11 H. 7, 17. 23 Eliz. 10. 13 R. 2, 13. 31. Such idle per&s;ons as live at high Rates, and &s;pend much, and have no vi|&s;ible <NOTE PLACE="marg">Idle per|&s;ons.</NOTE> way to maintain it, upon Act, 17, <HI>Septemb.</HI> 1656. 32. Here they may <NOTE PLACE="marg">Inconti|nent per|&s;ons.</NOTE> puni&s;h Ince&s;tuous per&s;ons, Adulterers, Fornicators, &s;uch as keep or u&s;e lewd hou&s;es, upon 10th of <HI>May,</HI> 1650. Such as have Ba&s;tards. And here they pro|vide to &s;ecure Pari&s;hes again&s;t the charge of Ba&s;tard Children, upon 18 Eliz. 3. 7 Jac. 4. 33. Informers for their mi&s;carriages about Informati|ons, <NOTE PLACE="marg">Informers.</NOTE> upon 4 H. 7, 20. 18 Eliz. 5. 31 Eliz. 5. 21 Jac. 4. 34. Inn-hol|ders, Ho&s;tlers, Victuallers, and Ale-hou&s;e-keepers, <NOTE PLACE="marg">Inn-hol|ders. Ale-hou&s;e-keepers. Drunkards</NOTE> for their mi&s;carriages in their entertainments, upon 21 Jac. 21. 23 Ed. 3, 6. 13 R. 2, 8. Al&s;o Drunk|ards and Tiplers, upon 4 Jac. 5. 7 Jac. 10. 1 Jac. 9. 1 <HI>Car.</HI> 4. 35. Jurors of a Jewry, for concealment and perju|ry, <NOTE PLACE="marg">Jewry. Libellers.</NOTE> upon 3 H. 7, 1. 36. Libellers and &s;landerers, upon Ord. 25. <HI>Iune</HI> 1654.
<PB N="162" REF="86"> and 17 <HI>Septemb.</HI> 1656. 37. Here they may Licen&s;e Badgers, Drovers of <NOTE PLACE="marg">Licen&s;es.</NOTE> Cattle, Laders, Ridders, Carryers, Buy|ers, and tran&s;porters of Corn, Grain, butter and chee&s;e, upon 2 and 3 Ed. 6, 24. 5 Eliz. 12. 13 Eliz. 13. So here they may give a Licen&s;e to &s;hoot in a Gun, for Hawks meat, upon 1 Jac. 27. So here they may give Licen&s;e to a man to &s;ell Wine in a Town not Corporate, upon 7 Ed. 6, 5. So here they may give Licen&s;e to buy wheat, and turn it into Flower, Meal, &amp;c. and to this there mu&s;t be the hands and Seals of five Ju|&s;tices of the Peace, upon the 23 of <HI>Octo|ber</HI> 1650. So they may here al&s;o, if they plea&s;e, give Licences to &s;ell Ale to Ale hou&s;e-keepers, upon 5 and 6 Ed. 6. 25. 38, Here al&s;o they may re&s;train the number of Mal&s;ters, and buyers of Barley to convert into Mault, and puni&s;h <NOTE PLACE="marg">Mal&s;ters,</NOTE> the making of bad Mault, upon 2 and 3 Ed. 6, 10, 20. 39 Eliz. 16. 5, and 6 Ed. 6, 14. 39. Here they do pu|ni&s;h Mariners for wandring, and Idle|ne&s;&s;e, <NOTE PLACE="marg">Mariners.</NOTE> and making and u&s;ing of fal&s;e Te|&s;timonials, upon 39 Eliz. 17. 40. Here they may &s;et down the rates for the wages of Servants and Labourers, <NOTE PLACE="marg">Ma&s;ters, and Ser|vants. Labourers. Apprenti|ces.</NOTE> di&s;charge Apprentices, and puni&s;h all the mi&s;carriages of Ma&s;ters, Apprenti|ces, Servants and Labourers, upon 5 Eliz. 4, 2. 3 Ed. 6, 16. 1 Jac. 6. 21 H. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, 7. 1 Jac. 17. 3 Jac. 9. 41. Here they may puni&s;h Millers for their <NOTE PLACE="marg">Millers.</NOTE>
<PB N="163" REF="86"> taking of exce&s;&s;ive Toll, upon 31 Ed, 1, <HI>de pi&s;toribus.</HI> 42. Such as openly <NOTE PLACE="marg">Mini&s;ters.</NOTE> revile Godly Mini&s;ters, and their A&s;|&s;emblies, or di&s;turb them in the Ser|vice of God, upon the two new Acts of <NOTE PLACE="marg">Service of God.</NOTE> 17 <HI>Septemb.</HI> 1656. 43. Here they give Oaths to divers Officers, the Com|mi&s;&s;ioners <NOTE PLACE="marg">Oaths.</NOTE> of Sewers, upon 23 H. 8, 3. Con&s;tables, and others. 44. Here they make, remove, change, and order <NOTE PLACE="marg">Officers.</NOTE> their Trea&s;urers for the County &s;tock, for the Kings Bench, and Mar&s;hal&s;ie Money, and for the poor maimed Soul|diers and Mariners, upon 43 Eliz. 2, 3. And for maimed Souldiers, and the Wi|dows and Orphans of Souldiers &s;lain in the late Wars, upon the Ordinances of <HI>Augu&s;t,</HI> and <HI>May</HI> 1647. The Collectors of the Goal-money, upon 14 Eliz, 5, The Ma&s;ters of Bridewell, upon 30 <HI>Eliz.</HI> 4. 7 Jac. 4. Here they u&s;e to make and remove High-Con&s;tables, and Petit-Con&s;tables, Searchers for Pewter and Bra&s;&s;e, upon 1 H. 8. 7. And puni&s;h their mi&s;carriages; And &s;o al&s;o they may here puni&s;h the defaults of Over-&s;eers of the Poor, Church-wardens and Surveyors of the High-wayes, upon 43 Eliz. 2, 3. 2 and 3 Ph. and M. 8. 7 Jac. 4. For which, &s;ee the &s;everall Titles of Poor, Church, Highwayes: Here al&s;o they may puni&s;h the offence of Sherifts, upon 27 Eliz. 12. 11 H. 7. 15. 4 Ed. 3, 9. 23 H. 6, 10. 27 Eliz. 12. 42 Ed. 3, 9. of Coroners that re|&s;u&s;e
<PB N="164" REF="87"> to enquire after the death of one &s;lain, or take more for his Fee then is due, upon 1 H. 8. 7. 3 Ed. 1. 10. 3 H. 7. 1. 1 Jac. 25. 14 Eliz. 5. Clark of the Market for not doing his duty about weights, upon 16, 17 <HI>Car.</HI> 19. 13 R. 2. 16 R. 3. So the Clark of the Peace for his Offences, upon 12 R. 2. 10. 38 H. 8, 14. 3 Jac. 4. 34 H. 8. 14. 2 Ed. 6. 14. 5 Eliz. 4. 12. 18 Eliz. 5, So Stewards of Courts, upon 13 R. 2, 8. The common informer, upon 18 Eliz. 5. The owners of Markets and Fairs, upon 31 Eliz. 11. 2 and 3 Ph. and M. 7. Con&s;ervators of Rivers, up|on 27 R. 2, 9. Over&s;eers of Cloth, upon 3 and 4 Ed, 6, 2. Searchers of Leather, upon 1 Jac. 22. Gawgers of Ve&s;&s;ells, upon twenty three H. 8. 14. Watch-men that do not their duty. See Watchmen. Mini&s;ters of Pari&s;hes. Upon 39 Eliz. 4. 17. And here they may order the Pari&s;hioners to pay the Clerk his wages, that two <NOTE PLACE="marg">Clerks wages.</NOTE> Ju&s;tices have &s;et down out of Se&s;&s;ions. And here all the&s;e Officers may be called to account, and ordered to pay <NOTE PLACE="marg">Account.</NOTE> what they have of the publick &s;tock in their hands. 43 Eliz. 3. Ord. Decemb. 1647. See <HI>Account</HI> 45. Here they give and take away the Pen&s;ions of <NOTE PLACE="marg">Pen&s;ions.</NOTE> Souldiers, at their plea&s;ures. Upon 43 Eliz. 3. 1 Jac. 25. Ord. of May, 1647. and December, 1647. 46. Here they may puni&s;h Perjury, upon 5 Eliz. <NOTE PLACE="marg">Perjury.</NOTE>
<PB N="165" REF="87"> 9. 13 Ed. 1. 1. 47. Here they may puni&s;h the keeping, or haunting of hou|&s;es <NOTE PLACE="marg">Playes and Sports.</NOTE> of unlawfull Games. And want of Bowes and Arrowes, upon 33 <HI>H.</HI> 8. 9. Cock-matches, upon 31 March, 1644. and 17 Septemb. 1650. Stage-Play|ers, upon Ord. 9th Febr. And &s;uch as &s;et and keep up May-Poles, upon 6th of April, 1644. 48. Here they <NOTE PLACE="marg">Poor.</NOTE> may puni&s;h all the mi&s;carriages about the Poor, in the poor, and &s;uch as are to order, or to relieve them: Here they may give order with the Lords con&s;ent, <NOTE PLACE="marg">Rates.</NOTE> to &s;et up a hou&s;e on the Common for the poor where need is; give Relief to them that appeal to them from the Ju|&s;tices out of the Se&s;&s;ions, upon an over-Rate. Upon 43 Eliz. 2. 3. 39 Eliz. 4. So to &s;ee that poor Souldiers and Ma|riners, and the Wives and Children of them that were &s;lain in the Wars, be relieved. Upon 30th Septemb. 1651. 24 Decemb. 1647. 28 May, 1647. Here they are to order where the poor &s;hall be &s;ettled; and puni&s;h them that hinder the execution of the Statutes for the &s;ettling of the poor. upon 39 Eliz. 4. And here they &s;et the Rate of the County for the Kings-Bench and Mar|&s;hal&s;ies, and di&s;po&s;e of the over-plus thereof to charitable u&s;es. Upon 43 Eliz. 3. 49. Here they may puni&s;h fal&s;e Prophecies. upon 5 Eliz. <NOTE PLACE="marg">P<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ophe|cies. Rates.</NOTE> 15. 50. Here the Rates are fir&s;t to be made for the Kings-Bench and Mar|&s;hal&s;ie,
<PB N="166" REF="88"> upon 43 Eliz. 2. For the Pri|&s;oners in the Goal, upon 14 Eliz. 5. For the relief of maimed Souldiers, and the Widows and Orphans of Souldiers &s;lain in the late Wars. Upon the Or|dinances named before, Augu&s;t, 1647. May, 1647. Decemb. 1647. Sep|temb. 1651. And for relief of the old maimed Souldiers and Mariners, upon 43 Eliz. 3. And here the Rate is to be confirmed for them that are &s;ick of the Plague, upon 1 Jac. 31. Here the Rate is to be made for the building of Bride-wells, upon 7 Jac. 4. Here they are to &s;et down the Rates by which ve&s;|&s;els of Ale and Beer &s;hall be &s;old, upon 23 <HI>H.</HI> 8. 4. And by which Victuallers &s;hall &s;ell their Victuals, and Ho&s;tlers their Hor&s;e-bread. Upon 13 <HI>R.</HI> 2. 8. 23 <HI>H.</HI> 6. 13. And here they that complain are to be relieved again&s;t all over-rates made by the authority of the Ju&s;tices of the Peace out of the Se&s;&s;ions, upon 43 Eliz. 2. 14 Eliz 5. 18 Eliz. 3. Ord. 8. February, 1647. 51. Here they do di&s;charge Recogni&s;ances, &s;uch <NOTE PLACE="marg">Recogni|&s;ances.</NOTE> as are to be di&s;charged. And hence they mu&s;t be certified into the Exche|quer when they are forfeited. And here they may put in execution a Recogni|&s;ance forfeited by an Ale-&s;eller, Upon 5 &amp; 6 Ed. 6. 25. 52. Here they may puni&s;h Recu&s;ants, Prie&s;ts and Je|&s;uits, <NOTE PLACE="marg">Recu&s;ants.</NOTE> upon 13 Eliz. 2. 23 Eliz. 1. 27 Eliz. 2. 35 Eliz. 2. 21 Jac. 28.
<PB N="167" REF="88"> 3 Jac. 4. 5. 6. 7 Jac. 6. 5 Eliz. 1. 17 Septemb. 1656. 53. Here they are to give Re&s;titution of the owners <NOTE PLACE="marg">Re&s;titu|tion.</NOTE> goods to him that hath been robbed of them, and that hath by his Indu&s;try and evidence procured the Felon to be indicted and is found guilty, upon 21 <HI>H.</HI> 8. 11. 54. Here they are to puni&s;h Riots, Routs, In&s;urrecti|ons, <NOTE PLACE="marg">Riots. Routs, &amp;c.</NOTE> and unlawful A&s;&s;emblies, upon 13 H. 4. 7. 2 H. 5. 8. 8 H. 6. 14. 19 H. 7. 13. 1 Mar. 12. 1 Eliz, 16. 55. Here they are to di&s;po&s;e of the Rogues that are &s;ent to Bride-well, <NOTE PLACE="marg">Rogues.</NOTE> to brand Incorrigible Rogues, and puni&s;h the Officers for neglect of their duty about Rogues; or others that hinder the execution of the Statutes again&s;t them. Upon 39 Eliz. 4. 17. 1 Jac. 7. 7 Jac. 4. 56. Here they are to puni&s;h &s;uch as come not to publike <NOTE PLACE="marg">Service of God.</NOTE> meetings of Gods Service on the Lords day; and them that di&s;turb &s;uch meet|ings; upon the New Law of 17. Sep|tember. 1656. But nothing can be done now in, or out of Se&s;&s;ions again&s;t any man, for not coming to Church, upon the old Laws, of 1 Eliz. 23 Eliz. For they are all made void by the <HI>Act</HI> of 27 Septemb. 1650. 57. Here they may puni&s;h them that offend about <NOTE PLACE="marg">Tile and Tile-ma|king. A&s;&s;uming Titles.</NOTE> Tile-making, and Tile-&s;elling; upon 17 Ed. 4. 4. 58. Here they mu&s;t puni&s;h the A&s;&s;uming of Titles given by the late King; upon Febr, 4. 1651.
<PB N="168" REF="89"> 59. The mi&s;carriage of Trade&s;men and Artificers in their Trades; upon 1 Jac. <NOTE PLACE="marg">Trade&s;-men and Artificers.</NOTE> 22. 2 Ed. 6. 15. and other Statutes. 60. Here they are to puni&s;h the Tran|&s;portation of things prohibited out of the Land; upon 1 &amp; 2 Ph. and M. 5. <NOTE PLACE="marg">Tran&s;por|tation.</NOTE> 21 Jac. 28. 1 Jac. 22. 25. 1 Jac. 4. 8 Eliz. 3. 13 Eliz. 13. 1 &amp; 2 Ed 6. 5. 3 Jac. 11. But &s;ee the New Act now, 17 Septemb. 1656, that giveth power to tran&s;port many things. 61. Here <NOTE PLACE="marg">Vintners.</NOTE> they are to puni&s;h Vintners that &s;ell their Wine without Licen&s;e, or above the Rates &s;et down by the Ju&s;tices here; upon 7 Ed. 6. 5. 28 H. 8. 14. 37 H. 8. 23. 62. So Victuallers, that con&s;pire to <NOTE PLACE="marg">Victual|lers.</NOTE> &s;ell their Victuals at a &s;et price, or above the prizes &s;et by the Ju&s;tices. 63. So to puni&s;h U&s;ury; upon 13 Eliz. <NOTE PLACE="marg">U&s;ury.</NOTE> 8. 1 Ed. 4. 2. 64. The Abu&s;es in the &s;ale of Wines; upon 1 Ed. 6. 5. <NOTE PLACE="marg">Wines.</NOTE> 28 H. 8. 14. 7 Ed. 6. 5. 65. Tho&s;e that have not, or u&s;e not ju&s;t Weights, <NOTE PLACE="marg">Weights and Mea|&s;ures.</NOTE> according to the Standard; upon 12th of March, 1649. 11 H. 7. 4. 8 H. 6. 5. 11 H. 6. 8. 1 H. 5. 10. 7 H. 7. 4. 66. Order the dividing of a Wood between Lord and Tenants; <NOTE PLACE="marg">Wood.</NOTE> upon 25 H. 8. 17. And &s;o generally all the offences that the Ju&s;tices of the Peace, or any of them, may puni&s;h out of Se&s;&s;ions; all the&s;e the Ju&s;tices may puni&s;h in the Se&s;&s;ions. And &s;ome others there may perhaps be, that we have not named in the one, nor in the
<PB N="169" REF="89"> other, that the Ju&s;tices of the Peace may have Conu&s;ance of.</P>
<P>And their ordinary way of proceeding herein for the tryall of the&s;e offences, and Conviction of the&s;e offenders, is, The offender is to be Pre&s;ented or In|dicted; And thereupon Proce&s;s go<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">h out again&s;t him, to come in to an&s;wer it. And he comes in, and doth either Con&s;e&s;&s;e, or Traver&s;e it. And upon his Traver&s;e, a Jury is charged to try the matter of Fact. And if the Jury find him guilty, Then Judgment is given. If it be an offence at Com|mon-Law, the &s;ame is commonly by Fine and Impri&s;onment at the di&s;cre|tion of the Court. If upon a Statute-Law, he is judged to bear the penalty appointed by the Statute for the offence; which they may not mitigate, but in ca&s;e of a &s;peciall Submi&s;&s;ion before ple<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">|ding. And execution followeth. And &s;ometimes they u&s;e for a part of the puni&s;hment, to bind to the Peace, or to the good Behaviour.</P>
</DIV2>
<DIV2 N="5" TYPE="chapter">
<PB N="170" REF="90">
<HEAD>CHAP. V. Of the things they may do out of a Se&s;sions indifferently.</HEAD>
<P>THere are many things that the Ju&s;tices may do within or without their Se&s;&s;ions indifferently as they plea&s;e. So to &s;et down the Prices of Ale and Beer; Upon 23 <HI>H.</HI> 8. 4. Hear <NOTE PLACE="marg">Prices of Ale and Beer.</NOTE> and end offences about Phea&s;ants, &amp;c. upon 1 <HI>Iac.</HI> 27. Force the Clothier to pay his Workmen his wages; upon 1 <HI>Iac.</HI> 6. So in divers other Ca&s;es, as 1 <HI>Iac. 6. 2 &amp; 3 Ed. 6. 10. 17 R.</HI> 2. 9. Ord. 21 May, 1647. where it is &s;aid, The Ju&s;tices &s;hall do a thing which may be done out of Se&s;&s;ions. But all things will be mo&s;t &s;afely done in the Se&s;&s;ions.</P>
<P>We have &s;hewed what the Ju&s;tices of the Peace may do out of, and in, their Se&s;&s;ions, we &s;hall now &s;hew what they may not do at all within or without their Se&s;&s;ions. See more in Chap. 7.</P>
</DIV2>
<DIV2 N="6" TYPE="chapter">
<PB N="171" REF="90">
<HEAD>CHAP. VI. Of the Things the Iu&s;tices of Peace have no Conn<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;ance.</HEAD>
<P>FOr an&s;wer to this, take the&s;e things:</P>
<P N="1">1. The Ju&s;tices may in their general <NOTE PLACE="marg">Trea&s;on.</NOTE> Se&s;&s;ions, enquire of, and take Pre&s;ent|ment of any High Trea&s;on, Petit Trea|&s;on, or Mi&s;pri&s;ion of Trea&s;on, by the Common Law; but they may not there further proceed therein. Not have they to do with the Statutes of Trea&s;on and Premunire about Je&s;uits, Prie&s;ts, and Popery; Upon 1 <HI>Eliz. 1. 5 Eliz 4. 1 Iac. 4. 5. 3 Iac. 5. 13 Eliz.</HI> 1.</P>
<P N="2">2. They may hear and determine all <NOTE PLACE="marg">Folonies.</NOTE> Felonies, that are Felonies, by the Com|mon-Law. And &s;uch Felonies that are made &s;o by the Statutes that give them power to hear and determine them. But they &s;eldome or never m<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ddle fur|ther with any &s;uch Felonies, then to commit, the Felons, and bind over the pro&s;ecutors and witne&s;&s;es to be before the Judges of the Goal-delivery, to whom they alwayes leave it, except in
<PB N="172" REF="91"> ca&s;e onely of Petit Larcenies. But for Felonies, by Imbezilling a Record; <NOTE PLACE="marg">Felonies by Statute-Law.</NOTE> upon 8 H. 6. 12. by forg<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ng of deeds; upon 5 Eliz. 14. By confederacy of Ma&s;ons; upon 3 H. 6. 1. By carrying away a woman again&s;t her will; Upon 3 H. 7. 2. By double marriage; upon 1 Jac. 11. By Witchcra&s;t; upon 1 Jac. 12. By a Goaler, in making his Pri|&s;oner an Approver; upon 14 Ed. 3. 9. By acknowledging a Fine in anothers Name; upon 21 Jac. 29. By Servants that imbe&s;il their Ma&s;ters goods; upon 21 H. 8. 7. 5 Eliz. 10. By burning of a hou&s;e, or Frame of a hou&s;e; upon 37 H. 8. 6. And &s;ome others, the Ju|&s;tices of Peace have nothing more to do with the&s;e within, or without their Se&s;&s;ions, but to examine the offender. &s;end him to Goal, &amp;c. as they do with other Felons.</P>
<P N="3">3. The Ju&s;tices of the Peace have nothing to do about Maintenance and Champertie; upon 32 H. 8. 9. Nor <NOTE PLACE="marg">Mainte|nance. Sheriffs. Clerk of the Mar|ket, Coopers. Wooll and Cloth. Servants. Bowes.</NOTE> about Sheriffs; upon 1 Ed. 4 2. 4 Ed. 3. 10. Nor about the Clerk of the Market; upon 13 R. 2. 4. Nor about Coopers; upon 23 H. 8. 4. 31 Eliz. 8. Nor about woollen Yarn; upon 7 Ed. 4. 3. Nor about Cloth; upon 43 Eliz. 10. 27 H. 8. 12. Nor about a Ser|vants wa&s;ting of the dead Ma&s;ters goods; upon 21 H. 8. 7. Nor about Bowes; upon 12 Ed. 4. 2. 1 R. 3. 13. Nor
<PB N="173" REF="91"> about &s;elling of Cattle; upon the 3 &amp; 4 Ed. 6. 19. Nor about <NOTE PLACE="marg">Cattle. Importa|tion.</NOTE> bringing in of Forreign Wares; upon 5 Eliz. 7. Nor about the prices of Bowes; upon 8 Eliz. 10. Nor about U&s;ury; upon 8th of Augu&s;t, 1651. Nor about the Directory; upon Act. <NOTE PLACE="marg">Directory.</NOTE> 23 Augu&s;t, 1645. 26 April, 1645. And &s;ome other Statutes and offences thereby made, there are, about other things wherewith the Ju&s;tices of the Peace have not to do at all.</P>
<P N="4">4. They cannot here give a Reme|dy for a debt, a Legacy, or for Ali|mony: <NOTE PLACE="marg">Legacy. Alimony.</NOTE> But if a Wife be a charge to a Pari&s;h, they may rate the Husband to help the Pari&s;h. See more in Chap. 7.</P>
</DIV2>
<DIV2 N="7" TYPE="chapter">
<PB N="174" REF="92">
<HEAD>CHAP. VII. Of the Order of the proceeding by the Iu&s;tices of the Peace, in the puni&s;h|ment of offenders within and without the Se&s;sions of the Peace.</HEAD>
<DIV3 N="1" TYPE="section">
<HEAD>SECT. 1.</HEAD>
<P>THe Order and manner of pro|ceeding again&s;t offenders for the puni&s;hment of the offences we have &s;poken of, is either within, or without the Se&s;&s;ions. The Cour&s;e of the Ju&s;tices of the Peace in the Se&s;|&s;ions, is to enquire by Jury, and to take their Pre&s;entment, or to receive Indictments, and (in &s;ome ca&s;es) Infor|mations preferred by others. And thereupon to grant out proce&s;s again&s;t the offenders, to come in and an&s;wer the matter whereof they are accu&s;ed. And upon theie appearance, if they do not con&s;e&s;&s;e the offence, to take and en|ter their Traver&s;e, charge a Jury with the matter of Fact. And if the Jury find them guilty thereof, the Ju&s;tices do give Judgment (as the ca&s;e de&s;erves) of Fine, Impri&s;onment, or Amercement, or otherwi&s;e; And Execution is done
<PB N="175" REF="92"> thereupon accordingly. And &s;o an offender there becomes attaint or con|vict of his offence, either by his con|fe&s;&s;ion of it, when he is to plead to it upon the Indictment, Pre&s;entment, or Information; or when upon his Tra|ver&s;e to it, the &s;ame is referred to a Jury, to try whether he Be guilty or not, And the Jury doth find him Guilty. And this is the common way of Tryall. But there are in &s;ome &s;pe|cial ca&s;es, other wayes of Tryall there, by Certificate, Examination of the of|fenders and witne&s;&s;es; but this is very rarely u&s;ed. The Statute-Lawes, Acts and Ordinances of Parliament where|with the Ju&s;tices of the Peace have to do, are many; And tho&s;e (e&s;pecially as to the point of Conviction of offen|ders, and the execution thereupon) they are variou&s;ly penned; Not three of three&s;core of them do agree therein, but are of &s;everall forms of drawing in that part.</P>
<P>For, 1. As to the per&s;ons that are to do the work, Some of them &s;ay, That the Ju&s;tices of the Peace of the County may do it. Some, That all the Ju&s;tices may do it. Some, That any of the Ju&s;tices may do it. Some, That any one of the Ju&s;tices may do it. Some direct, That the thing mu&s;t be done by one, &s;ome by two, &s;ome by more Ju|&s;tices. And &s;ome, That one of them that do it mu&s;t be of the <HI>Quorum.</HI></P>
<PB N="176" REF="93">
<P>2. As to the place where they are to do it. Some of the Lawes &s;ay, That it &s;hall be done by the Ju&s;tices, and do not &s;ay where is &s;hall be done. Others &s;ay, It &s;hall be done in the Quarter-Se&s;|&s;ion. Others, in the General Se&s;&s;ions. Others, in the open Se&s;&s;ions, or in the publike Se&s;&s;ions. Others, in the Ge|neral or Quarter-Se&s;&s;ions, Others, in the ordinary Se&s;&s;ions. Others, at the u&s;ual and General Se&s;&s;ions. And others &s;ay, in the Se&s;&s;ions. Others, in any Se&s;&s;ions of the Peace, &amp;c.</P>
<P>3. As to the words by which the Ju|&s;tices are empowered; Some Statutes, &amp;c. give to the Ju&s;tices power and au|thority by the&s;e expre&s;&s;e words, That they &s;hall have power. Others are, That they &s;hall do it. Others, That they may do it. Others, That it may be done before or by them. Others thus, Such a thing to be done by the Ju&s;tices of the Peace, and the like.</P>
<P>4. So for the manner of the doing of it: 1. For the Conviction of the offender of his offence; Some Statutes, &amp;c. &s;et down a penalty, and &s;ay, That the Ju&s;tices &s;hall hear and end it; and do not &s;ay, how. Others &s;ay, That the Conviction &s;hall be by the Oath of witne&s;&s;es; &s;ome, by one; &s;ome by more witne&s;&s;es. Some, by the hearing, view or &s;ight of Ju&s;tice of Peace. Some, by the Con&s;e&s;&s;ion of the offen|der. Some, by the proof (not &s;aying,
<PB N="177" REF="93"> upon Oath) of Witne&s;&s;e, or Witne&s;&s;es. Some, by Information. Some, by Exa|mination: And &s;ome, by Certificate. Some, by any one; &s;ome, by two or three of the&s;e wayes. And &s;ome give power to admini&s;ter the Oath; and &s;ome give no power to admini&s;ter the Oath. 2. And &s;o for Execution; Some direct &s;omewhat to be done, and &s;ay not who &s;hall do it. Some of them direct the Ju&s;tice of Peace to make a Warrant, and &s;ay not what Warrant; whether in writing, or under hand or &s;eal; or to whom it &s;hall be directed. Some are appointed to be &s;ent to the Con&s;tables; &s;ome, to the Church-war|dens: &s;ome, to Over&s;eers of the Poor; and &s;ome, to two &s;orts of them. Some appoint the Warrant to be in writing, and under the hand and &s;eal of the Ju|&s;tice of the Peace.</P>
<P>5. And &s;o for the matter or thing to be done; Some to hear and determine in the offence; &s;ome, to puni&s;h the offender: &s;ome are to put the Statute in execution. Others, to puni&s;h offenders again&s;t that Law. Some give a power to commit the offender to the Goal; &s;ome, to the Bride-well; &s;ome, to di|&s;train his goods, &amp;c. Some are to con|vict the offender, and then to proceed to execution. Others are, That the Ju|&s;tices &s;hall convict the offender, and then certifie this Conviction to &s;ome other Court, &amp;c.</P>
<PB N="178" REF="94">
<P>We &s;hall lay down divers examples of the&s;e things. And then give our opinion upon them, by way of <HI>Que&s;tion</HI> and <HI>An|&s;wer.</HI></P>
</DIV3>
<DIV3 N="2" TYPE="section">
<HEAD>SECT. 2.</HEAD>
<P N="1">1. Some of the Statutes, &amp;c. we &s;peak of &s;eem to give to the Ju|&s;tices of the Peace a power to do &s;ome|thing onely, or cheifly in the Se&s;&s;ions of the Peace. And &s;ome again &s;eem to give them a power to do &s;omewhat with out the Se&s;&s;ions of the Peace. And &s;ome again &s;eem to give them a power to do &s;omething within and without the Se&s;&s;ions, as they plea&s;e to do it. And &s;ome &s;eem to give a Power to do the work, part of it without, and part of it within the Se&s;&s;ions.</P>
<P N="2">2. Some Statutes, Acts, and Ordi|nances of Parliament are penned, as to the Conviction of Offenders, to this <NOTE PLACE="marg">To hear and De|termine. Hor&s;es. Sheriffs. High waies and Brid|ges. Fi&s;h. Victuallers Guns. Perjury. Navy. Lords-day. Forcible Entry. Captains. Prophecies Hunting. Gold and Silver. Bla&s;phe|my. Wandring Souldiers and Mari|ners.</NOTE> purpo&s;e. That the Ju&s;tices of the Peace &s;hall have power to hear and de|termine the offences, So is 2 and 3 Ph. and M. 7. 31 Eliz. 12. 32 H. 8. 13. of Hor&s;es, 27 Eliz. 7. 12. Of Sheriffs, 12 <HI>March,</HI> 1649. of Butter, 18 Eliz. 12. of High-wayes, 22 H. 8. 5. Of Bridges, 1 Eliz. 17. of Fi&s;h, 2 and 3 Ed. 6. 15. of Victuallers, 33 H. 8, 6.
<PB N="179" REF="94"> of Guns, 5 Eliz. 9. of Perjury, 8 Eliz. 5. of the Navy, 17 <HI>Septemb.</HI> 1656, of the Lords Day, 8 H. 6. 7. of Forci|ble Entry, 2 and 3 Ed 6. 2. of Cap|tains, 5 Eliz. 15. of Prophecies, 5 Eliz. 21. 3 Jac. 13. of Hunting, 23 of Eliz. 10. of Hawking, 8 H. 5. 3. of Gold, 2 H. 6. 14. of Silver, 9 <HI>Au|gu&s;t,</HI> 1650. of Bla&s;phemy, 39 Eliz. 17. of wandring Souldiers, and Mariners. All the&s;e and &s;ome others do run to this purpo&s;e. And yet the greate&s;t part, if not all of the&s;e do differ a|mong&s;t them&s;elves the one from the o|ther, &s;ome of them give power to the Ju&s;tices of the Peace, to enquire, hear, and determine. Others to examine, enquire, hear, and determine; others to examine, and determine: And &s;ome of them are (onely) to hear and deter|mine. Some of the&s;e al&s;o are to hear and determine in the Quarter-Se&s;&s;ions, others in the generall Se&s;&s;ions. Others in the Se&s;&s;ions. Others to hear and determine the offences. But doth not &s;ay where. And in &s;ome of them there are Additions of other things. Some give them power to hear and determine by Bill Plaint. &amp;c. and &s;ome by one way and &s;ome by another way, and &s;ome by no way at all. Some of them do add that the Ju&s;tices &s;hall grant out proce&s;s. Others that they &s;hall fine. Others that they &s;hall do execution thereupon, ac|cording to the Law, and the like.</P>
<P N="3"><PB N="180" REF="95">3. Others there are that are penned in other words, but much to the &s;ame purpo&s;e. As for example.</P>
<P>One is penned to this purpo&s;e. That the Ju&s;tices of the Peace in their Se&s;&s;i|ons, <NOTE PLACE="marg">Adultery.</NOTE> &s;hall have power to give in charge to a Jewry to enquire, and &s;hall enquire by the verdict of twelve men of all the &s;aid offences, &amp;c. And upon Endite|ment, or pre&s;entment, to hear, and de|termine, as in other ca&s;es of Felony, or Tre&s;pa&s;&s;e, So 10th May, 1650, of <HI>Adultery.</HI></P>
<P N="4">4. Others to this purpo&s;e. That a Pre&s;entment taken before a Steward of a Leet, &s;hal be &s;ent to the Ju&s;tices in <NOTE PLACE="marg">Hor&s;es.</NOTE> their Se&s;&s;ions. And then that they &s;hall proceed to hear and determine it, as if it were taken by them&s;elves. So 32 H. 8. 13. of Hor&s;es. 1 <HI>Ed.</HI> 4. 21. of Sheriffs. <NOTE PLACE="marg">Sherifts.</NOTE></P>
<P N="5">5. Another is to this purpo&s;e. That the Ju&s;tices of the Peace &s;hall examine, hear, and determine the defaults of &amp;c. and puni&s;h the offenders by impri&s;on|ment, according to their di&s;cretion. So 28 H. 8. 14. of Wines. <NOTE PLACE="marg">Wines.</NOTE></P>
<P N="6">6. Others are with reference to o|ther Statutes, &amp;c. That they &s;hall have like power to puni&s;h the&s;e offences, as they have to <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">uni&s;h the offences again&s;t
<PB N="181" REF="95"> another Statute, or another clau&s;e of the &s;ame Statute, So 3 <HI>H.</HI> 7 7. 17 <HI>Ed.</HI> 4. 4. <HI>May</HI> 10. 1650.</P>
<P N="7">7. Others are with reference to o|ther offences, to this purpo&s;e: That the offender &s;hall &s;uffer [or be puni&s;hed] in this ca&s;e, the Ju&s;tices of the peace as other Felons [or other Felonies] are puni&s;hed by the Law. So 39 <HI>Eliz.</HI> 17. 8 <HI>Eliz.</HI> 3. 2 and 3 <HI>Ph.</HI> and <HI>M. 4. 21 H.</HI> 8. 7. 1 <HI>Iac.</HI> 31.</P>
<P N="8">8. Another is to this purpo&s;e. That the&s;e Offences &s;hall be diligently enqui|red of, and pre&s;ented before them in their Ordinary Quarter-Se&s;&s;ions. And that <NOTE PLACE="marg">Drunken|ne&s;&s;e.</NOTE> thereupon there &s;hall be &s;uch due pro|ceeding, as in &s;uch like ca&s;es, upon an Indictment, or Pre&s;entment, is u&s;ed by the Laws, &amp;c. So 4 <HI>Iac.</HI> 5. of Drunk|enne&s;&s;e.</P>
<P N="9">9. Another to this purpo&s;e. That the Ju&s;tices of the Peace &s;hall enquire thereof, and determine the &s;ame as well by examination, as by pre&s;entment. So <NOTE PLACE="marg">Coroners.</NOTE> 1. <HI>H.</HI> 8. 7. of Coroners.</P>
<P N="10">10. Others thus. That the Ju&s;tices of the peace &s;hall enquire thereof at their Quarter-Se&s;&s;ions, and a&s;&s;e&s;&s;e &s;uch Fines upon the Offenders, as they &s;hall <NOTE PLACE="marg">High-wayes.</NOTE> think meet. So 2 and 3 <HI>Ph.</HI> and <HI>M.</HI> 8. and 5 <HI>E<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">z.</HI> 13. of High-wayes.</P>
<P N="11"><PB N="182" REF="96">11. Another thus; That the Ju&s;tices of the Peace in their Se&s;&s;ions, &s;hall en|quire as well by their office, as by the Information of others of all Tre&s;pa&s;&s;es, Mi&s;pri&s;ions, and defaults made again&s;t <NOTE PLACE="marg">Fi<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">.</NOTE> any of the points of this Statute, and cau&s;e them that be thereof Indicted to come before them, and if they be there|of convict, they &s;hall have Impri&s;on|ment, and make Fine according to the di&s;cretion of the &s;ame Ju&s;tices. So 17 <HI>R.</HI> 2. of Fi&s;h.</P>
<P N="12">12. Another thus. That the Ju&s;tices of the Peace &s;hall have power to en|quire, hear, and determine of all the defaults, &amp;c. by pre&s;entment had be|fore <NOTE PLACE="marg">Coroners.</NOTE> them at their Se&s;&s;ions, without any more words. So 12 <HI>Ed.</HI> 4, 9. of Coro|ners.</P>
<P N="13">13. Another to this purpo&s;e. That the Ju&s;tices of the Peace &s;hall enquire by the Oath of 12 men, as al&s;o by in|formation of any of the Kings Subjects, and make &s;uch like proce&s;&s;e upon every <NOTE PLACE="marg">Sheep.</NOTE> pre&s;entment, and Information, as they u&s;e to do upon every Pre&s;entment of Tre&s;pa&s;&s;e before them. So 25 <HI>H.</HI> 8. 13. Of Sheep.</P>
<P N="14">14 Others to this purpo&s;e. That the <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">u&s;tices of the Peace &s;hall enquire [or &s;hall enquire by Jewry] of all the
<PB N="183" REF="96"> offences within the Statute. [without <NOTE PLACE="marg">Forcible-Entry. Hor&s;es.</NOTE> more words.] So 8 <HI>H.</HI> 6. 9. of Forci|ble Entry. 1 <HI>Ed.</HI> 6. 5. Of Hor&s;es.</P>
<P N="15">15. Another to this purpo&s;e, that the Ju&s;tices of the Peace in their Se&s;&s;ions &s;hall charge them that appear before them, duly to enqui<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e, and put in exe|cution the effect of the premi&s;es in due time, &s;o that this Act may be fully exe|cuted. <NOTE PLACE="marg">Crows.</NOTE> So 24 <HI>H.</HI> 8. 10. of Crows.</P>
<P N="16">16. Another thus. That the Ju&s;tices of the Peace &s;hall have power to enquire of the &s;aid defaults, as well at the &s;uit of the King, as of the parties. So 8 <HI>H.</HI> <NOTE PLACE="marg">Yarn.</NOTE> 6. 5. of Yarn.</P>
<P N="17">17. Another thus, That the Ju&s;tices of the Peace in their Se&s;&s;ions, &s;hall en|qui<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e by the oath of twelve men, of the&s;e offences. And that their pre&s;ent|ment &s;hall be of the &s;ame force, as <NOTE PLACE="marg">Wines.</NOTE> theirs in the Kings Bench are; And the Forfeitures found by the Verdict afore|&s;aid, &s;hall be divided, &amp;c. &s;o 7 <HI>Ed.</HI> 6. 5. of Wines.</P>
<P N="18">18. Another to this purpo&s;e. That the Ju&s;tices of the Peace at their Quar|ter-Se&s;&s;ions &s;hall have power to indict and try the Offenders by the u&s;ual cour&s;e of Indictments, and Tryalls in like ca&s;es. And after &s;uch Conviction, <NOTE PLACE="marg">Log-wood.</NOTE> to adj<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">dge the O<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ender to be &s;et openly
<PB N="184" REF="97"> on the Pillory, So 39 <HI>Eliz.</HI> 11. about Log-wood.</P>
<P N="19">19. Another to this purpo&s;e. That the Ju&s;tices of the peace in their Se&s;&s;i|ons, &s;hall call before them any &s;u&s;pect|ed per&s;ons, and to their di&s;cretion exa|mine them in the Premi&s;es, and if they find any default in them, then that they be committed to pri&s;on till they find Sureties to pay the Forfei|tures &s;et down, &amp;c. So 19. <HI>H.</HI> 7. 11. of <NOTE PLACE="marg">Deer.</NOTE> Deer.</P>
<P N="20">20. Another thus: That he that &s;hall &s;o offend, &s;hall be grievou&s;ly pu|ni&s;hed, according to the Ju&s;tices of the Peace's di&s;cretion. And that they &s;hall judge the offender to the &s;ame bodily puni&s;hment as the Offence re|quireth, <NOTE PLACE="marg">Labourers.</NOTE> and &s;hall do execution thereof, So in 13 <HI>R.</HI> 2. 8. Of Labourers.</P>
<P N="21">21. Another thus: That the Ju&s;ti|ces of the Peace &s;hall &s;et down &s;uch Fines and Penalties upon the Offenders again&s;t that Law, as the mo&s;t part of them in their Quarter-Se&s;&s;ions, &s;hall think fit, &amp;c. So in 7 <HI>Iac.</HI> 4.</P>
<P N="22">22. Another thus; That for the offence, the offender &s;hall &s;uffer &s;uch further penalty, as by the more part of the Ju&s;tices &s;hall be thought fit, not ex|ceeding
<PB N="185" REF="97"> 40 s. for every offence. So in 7 <HI>Iac.</HI> 4.</P>
<P N="23">23. Another to this purpo&s;e: Upon <NOTE PLACE="marg">Hawks Eggs.</NOTE> pain of 10 l. the one half thereof to the party that will &s;ue for the &s;ame by Action of debt, by Examination before the Ju&s;tices of the Peace, Information or otherwi&s;e, and the other half to the King. So in 11 <HI>H.</HI> 7. 17. of <HI>Hawks</HI> eggs.</P>
</DIV3>
<DIV3 N="3" TYPE="section">
<HEAD>SECT. 3.</HEAD>
<P>THere are another &s;ort of them that &s;eem to give power to the Ju&s;tices to do &s;omething within, or without; or within and without the Se&s;&s;ions incer|tainly. As for Examples:</P>
<P N="1">1. One of them is penned to this purpo&s;e; That the Ju&s;tices &s;hall en|quire, <NOTE PLACE="marg">Phea&s;ants.</NOTE> hear, and determine all offences again&s;t that Law. And in ca&s;e it be not &s;o puni&s;hed, That any one Ju&s;tice may at his di&s;cretion examine all per|&s;ons &s;u&s;pect to offend, and bind them over. So 23 <HI>Eliz.</HI> 10. of <HI>Phea&s;ants.</HI></P>
<P N="2">2. Another thus; That the Ju&s;tices of the Peace &s;hall enquire of all the <NOTE PLACE="marg">Tanners.</NOTE> premi&s;&s;es in their Se&s;&s;ions, and hear, o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> (in the disjunctive) determine the
<PB N="186" REF="98"> &s;ame. And al&s;o by their di&s;cretion examine all per&s;ons &s;u&s;pected to offend again&s;t that Law. So 1 <HI>Iac.</HI> 22. Of <HI>Tanners.</HI></P>
<P N="3">3. Another thus; That the Ju&s;tices <NOTE PLACE="marg">Til<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"></NOTE> of the Peace &s;hall enquire, hear, and determine by their di&s;cretion, as well by Examination or otherwi&s;e, of the offences, &amp;c. And if it appear to them by Examination or otherwi&s;e, by their di&s;cretion, that any per&s;on hath offended again&s;t that Law, that then they &s;hall a&s;&s;e&s;&s;e no le&s;&s;e Fine, &amp;c. for every offence. So 17 <HI>Ed.</HI> 4. 4. of <HI>Tile.</HI> 32 <HI>H.</HI> 8. 13. of <HI>Hor&s;es.</HI> <NOTE PLACE="marg">Hor&s;es.</NOTE></P>
<P N="4">4. Another thus; That the Ju&s;tices <NOTE PLACE="marg">Mault.</NOTE> of the Peace &s;hall enquire, hear, and determine as well by the Pre&s;entment of 12 men, as by Accu&s;ation or Infor|mation of two hone&s;t witne&s;&s;es of, for, and upon the &s;ame offences. So 2 and 3 <HI>Ed.</HI> 6. 10. of <HI>Mault.</HI></P>
<P N="5">5. Another thus; That the Ju&s;tices <NOTE PLACE="marg">Tran&s;por|tation.</NOTE> of the Peace &s;hall enquire as well by the Oath of 12 men; as al&s;o to hear and examine the Ma&s;ters and Mariners of the Ship, and to hear and determine the &s;ame offences, as they may and ought to hear and determine other offences. So 1 &amp; 2 <HI>Ph.</HI> &amp; <HI>M.</HI> 5. of <HI>Tran&s;portation.</HI></P>
<P N="6">6. Another is to this purpo&s;e; That <NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ore&s;tal|ling.</NOTE> the Ju&s;tices of the Peace &s;hall enquire,
<PB N="187" REF="98"> hear, and determine at their Quarter-Se&s;&s;ions all offences, &amp;c. by Inqui&s;ition, Bill, Pre&s;entment, or Information be|fore them, and by examination of two lawfull witne&s;&s;es, or by any of the&s;e wayes or means, according to their di&s;|cretion. So 5 and 6 <HI>Ed.</HI> 6. of <HI>Fore|&s;talling,</HI> &amp;c.</P>
<P N="7">7. Another thus; That the Ju&s;tices <NOTE PLACE="marg">Weights.</NOTE> of the Peace &s;hall by examination or enquiry, hear and determine the de|&s;aults, &amp;c. and &s;et Fine according to their di&s;cretion. So 11 <HI>H.</HI> 7. 4. of <HI>Weights.</HI></P>
<P N="8">8. Another thus; That all the Ju&s;ti|ces <NOTE PLACE="marg">Phea&s;ants.</NOTE> of the Peace in their general Quar|ter-Se&s;&s;ions, and any two of them toge|ther out of any Se&s;&s;ions, &s;hall examin<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">, hear, puni&s;h, and determine the offences, &amp;c. and to admini&s;ter Oaths, and to perform every thing requi&s;ite for the due execution of that Law. So in 1 <HI>Iac.</HI> 27. of <HI>Phea&s;ants.</HI></P>
<P N="9">9. Another to this purpo&s;e; That all the For&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">itures that &s;hall grow by the Conviction of any per&s;on within the Statute, &s;hall be levied by Warran<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> under the hands and &s;eals of two Ju&s;tices by di&s;tre&s;&s;e and &s;ale of the offenders goods. And that if any of the &s;aid offences &s;hall be confe&s;&s;ed by the offen|der; or that the &s;ame &s;hall be proved. <NOTE PLACE="marg">Rogues.</NOTE>
<PB N="188" REF="99"> by two &s;ufficient witne&s;&s;es (not &s;aying, upon Oath) before two Ju&s;tices of the Peace, that then &s;uch per&s;on &s;hall forth|with &s;tand convicted in Law thereof And that any two Ju&s;tices of the Peace, &amp;c. &s;hall have power to hear and determine all cau&s;es that &s;hall come and grow in que&s;tion upon this Act. So 39 <HI>Eliz.</HI> 4. of <NOTE PLACE="marg">Such as <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ve at high Rates.</NOTE> <HI>Vagabonds.</HI></P>
<P N="10">10. Another to this purpo&s;e; That the Ju&s;tices &s;hall &s;end for the offender, and require Sureties of him for the good Behaviour, and to appear at the Se&s;&s;ions; or if he refu&s;e to give it, &s;end him to Goal. And that at the Se&s;&s;ions be &s;hall be indicted; upon which In|dictment, if he be legally convict of the offence, that he &s;hall be &s;ent to the Hou&s;e of Correction. So 17 Septemb. 1656. <HI>Of them that live at High Rates.</HI> <NOTE PLACE="marg">Clothes.</NOTE></P>
<P N="11">11. Another is to this purpo&s;e; That every Ju&s;tice of Peace of the County &s;hall have power to hear and determine the Complaints of them that are wrong|ed, &amp;c. by due examination of the par|ties, &amp;c. And to commit the &s;aid offenders to the next Goal, there to re|main till damages be paid, &amp;c. And that every of the &s;aid Ju&s;tices, upon complaint of any other, may cau&s;e the party complained of, to come before him, and to examine him upon it. And if thereby, or by other due proof he be
<PB N="189" REF="99"> found defective, that then he &s;hall for|feit, &amp;c. So 4 <HI>Ed.</HI> 4. 1. Of <HI>clothes.</HI></P>
<P N="12">12. Another to this purpo&s;e; That <NOTE PLACE="marg">Yarn.</NOTE> the Ju&s;tices of the Peace &s;hall have pow|er to enquire of the &s;aid defaults as well at the Suit of the King, as of the party. And that they &s;hall examine the Tre&s;|pa&s;&s;o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">s, and enquire and do execution upon them that be &s;ound faulty by In|que&s;t or Examination to be made by the Judges, &amp;c. So 8 <HI>H.</HI> 6. 5. Of <HI>Yarn.</HI></P>
<P N="13">13. Another to this purpo&s;e; That if the &s;aid offence &s;hall be confe&s;&s;ed by <NOTE PLACE="marg">Clothiers,</NOTE> the offender, or proved by two lawfull witne&s;&s;es before the Ju&s;tices of the Peace in their Se&s;&s;ions; Or before any two Ju&s;tices of the Peace: That then &s;uch per&s;on of &s;uch offence &s;hall be convict, and the Forfeiture &s;hall be levied by di&s;tre&s;&s;e and &s;ale of goods, by Warrant from the two Ju&s;tices of the Peace be|fore whom the Conviction &s;hall be. So 1 <HI>Iac.</HI> 6. Of <HI>clothiers.</HI></P>
<P N="14">14. Another to this purpo&s;e; That <NOTE PLACE="marg">Tokens.</NOTE> the offender being convict by examina|tion of witne&s;&s;es, or confe&s;&s;ion, taken before the Ju&s;tices of the Peace in their general Se&s;&s;ions, &s;hall &s;uffer any corporal puni&s;hment (but death) they &s;hall appoint. And that two Ju&s;tices of the Peace (one of them being of the <HI>Quorum)</HI> may to the Se&s;&s;ions call by proce&s;s, or otherwi&s;e, the per&s;ons &s;u&s;|&s;pect,
<PB N="190" REF="100"> or commit him to Ward, or let him to bayl till the next A&s;&s;izes or Ge|neral Se&s;&s;ions, there to be examined, and further ordered as afore&s;aid. So 33 <HI>H.</HI> 8. 1. Of <HI>Tokens.</HI></P>
<P N="15">15. Another is to this purpo&s;e; That the Ju&s;tices of the Peace, upon com|plaint <NOTE PLACE="marg">Sheriffs.</NOTE> to them, &s;hall examine the &s;u&s;pect offender, and his Servants: And if upon examination they &s;hall find him faulty, That then he &s;hall be convict and attaint of the &s;ame offence, with|out further Inqui&s;ition or examination. And he &s;hall forfeit, &amp;c. And that the Ju&s;tices &s;hall certifie this Forfeiture into the Exchequer. So in 11. <HI>H.</HI> 7. 15. Of <HI>sheriffs.</HI></P>
<P N="16">16. Another to this purpo&s;e; That the Ju&s;tices of the Peace dividing them|&s;elves <NOTE PLACE="marg">Servants.</NOTE> into &s;everal limits, &s;hall by all &s;uch wayes and means <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> to their wi&s;|domes &s;hall be thought mu&s;t meet, make a &s;peciall and diligent enquiry of the Articles of that Statute, and the exe|cution thereof, and where they &s;hall find defaults, &s;everely puni&s;h it. So in <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <HI>Eliz.</HI> 4. of <HI>Servants.</HI> Wherein there is al&s;o a general <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ower of Oyer and Terminer to the Ju&s;tices of the Peace.</P>
<P N="17">17. That the Ju&s;tices and every of them may examine, hear, and deter|mine all Complaints and offences that
<PB N="191" REF="100"> &s;hall be done again&s;t that Law; and according to their di&s;cretion puni&s;h &s;uch as &s;hall offend, &amp;c. So 2. and 3 Ph. and M. 16.</P>
<P N="18">18. Another to this purpo&s;e; That <NOTE PLACE="marg">Captains and Soul|diers.</NOTE> the offender upon due proof of the offence by the Ju&s;tices of the Peace, &s;hall &s;uffer, &amp;c. So in 2 &amp; 3 <HI>Ed.</HI> 6. Of <HI>Captains and Souldiers.</HI></P>
</DIV3>
<DIV3 N="4" TYPE="section">
<HEAD>SECT. 4.</HEAD>
<P>THere are another &s;ort of them, and they &s;eem to give to the Ju&s;tices of Peace a power to do &s;omething onely, or e&s;pecially, out of the Se&s;&s;ions of the Peace. As for Examples; 1. One of them is p<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">nned to this purpo&s;e:</P>
<P N="1">1. If any Ju&s;tice of Peace of &amp;c. up|on <NOTE PLACE="marg">Lords-Day.</NOTE> his or their view, or confe&s;&s;ion of the party, or proof of any one or more witne&s;&s;es by Oath, (which the &s;aid Ju|&s;tice may admini&s;ter) &s;hall find any per&s;on offending in the premi&s;&s;es, the &s;aid Ju&s;tice &s;hall give Warrant under <GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> hand and &s;eal to the Con&s;tables or Church-wardens of the place where &amp;c. to levy the &s;aid Forfeiture by way of di&s;tre&s;&s;e, &amp;c. rendring the overplus. And for lack of di&s;tre&s;&s;e, That the party offending &s;hall be &s;et in the
<PB N="192" REF="101"> &s;tocks three hours. See 6th of April, 1644. and 1 <HI>Car.</HI> 1. Of the <HI>Lords Day.</HI> 19th April, 1650. Of the <HI>Lords Day.</HI></P>
<P N="2">2. Another to this purpo&s;e; That if <NOTE PLACE="marg">Swearing.</NOTE> any &s;hall offend, &amp;c. in the pre&s;ence or hearing of any Ju&s;tice of Peace where the &s;ame offence &s;hall be committed, or &s;hall be thereof convicted by the Con|fe&s;&s;ion of the party, or by the Oath of one Witne&s;&s;e, before any Ju&s;tice of Peace, (which Oath he &s;hall admini|&s;ter) that he &s;hall forfeit, &amp;c. And that all and every the &s;aid Forfeitures &s;hall be levied of the Goods and Cat|tle of every per&s;on &s;o offending, by War|rant from &s;uch Ju&s;tice of Peace by di|&s;tre&s;&s;e and &s;ale thereof, re&s;toring, &amp;c. and in default of payment thereof, or &s;ecurity given for it, if no di&s;tre&s;&s;e be found, the offender if above 12 years, &s;hall by Warrant from &s;uch Ju&s;tices of Peace be &s;et in the &s;tocks for three hours. If above 12 years old, then that the Ju&s;tice of Peace &s;hall give his Warrant to the Con&s;table to whip him. So <HI>Act. 1650. Of Swearing.</HI></P>
<P N="3">3. Another to this purpo&s;e, That the offender &s;hall forfeit, &amp;c. being <NOTE PLACE="marg">Stage-Players.</NOTE> convicted thereof by his own Confe&s;&s;ion, or proof of any one witne&s;&s;e upon oath before any one Ju&s;tice of Peace, (which he &s;hall admini&s;ter) to be levied by
<PB N="193" REF="101"> the Con&s;tables or Church-wardens of the Pari&s;h where, &amp;c. by Warrant of the Ju&s;tice of the Peace, by di&s;tre&s;&s;e and &s;ale, &amp;c. See <HI>Old.</HI> 11th Febr. 1647. Of <HI>Stage-Players.</HI></P>
<P N="4">4. Another branch of the &s;ame Law <NOTE PLACE="marg">Stage-Playes.</NOTE> is to this purpo&s;e; That all &s;uch offen|ders as upon view of two Ju&s;tices of the Peace, or any of them. Or by the Oath of two witne&s;&s;es, (which they may admini&s;ter) &s;hall be proved before any two of them to have offended, &amp;c. that they by their Warrant under their hands and &s;eals, &s;hall cau&s;e them to be apprehended, and openly whipt in a Market-Town, 11th Febr. 1647. Of <HI>Stage-Playes.</HI></P>
<P N="5">5. Another branch of the &s;ame Law is to this purpo&s;e; That he that offends <NOTE PLACE="marg">Lords-Day.</NOTE> &s;hall forfeit, &amp;c. The &s;aid offence be|ing done in view of any Ju&s;tice of Peace, &amp;c. or being proved upon Oath by two or more witne&s;&s;es, or by the Confe&s;&s;ion of the party offending be|fore any &s;uch Ju&s;tice of Peace, (which they may admini&s;ter). All which penal|ties &s;hall be levied by any Con&s;table or Church warden, by Warrant from any &s;uch Ju&s;tice of Peace by di&s;tre&s;&s;e and &s;ale, &amp;c. So 3 <HI>Car.</HI> 1. Of the <HI>Lords Day.</HI></P>
<P N="6">6. Another to this purpo&s;e; That <NOTE PLACE="marg">Exci&s;e,</NOTE>
<PB N="194" REF="102"> the offender upon due proof thereof made by the Oath of two or more wit|ne&s;&s;es before any Ju&s;tice of the Peace of, &amp;c. &s;hall forfeit, &amp;c. To be levied by di&s;tre&s;&s;e, &amp;c. And that all Ju&s;tices of the Peace of the, &amp;c. are hereby required and authorized to put this Clau&s;e in Execution, and the &s;aid pe|nalties and forfeitures to cau&s;e to be paid to the Sub-Commi&s;&s;ioners of Exci&s;e. <HI>Act.</HI> 14. Augu&s;t, 1649. Of the <HI>Ex|ci&s;e.</HI> Another after the &s;ame manner, the offence being proved by the confe&s;|&s;ion of the party, and proof by the oath <NOTE PLACE="marg">Titles of Honour.</NOTE> of one or more witne&s;&s;es, before one or more Ju&s;tices of the Peace. Which &s;aid Ju&s;tice and Ju&s;tices are hereby authori|zed and required to cau&s;e the &s;ame to be paid accordingly; and in ca&s;e of Refu&s;al, to levy by di&s;tre&s;&s;e, &amp;c. And for want of di&s;tre&s;&s;e, to cau&s;e the &s;aid offender to be &s;et in the publike &s;tocks for three hours. So 4th of April, 1651. Of <HI>Titles of Honour.</HI></P>
<P N="7">7. Another to this purpo&s;e; That the offender &s;hall forfeit 10 5. the &s;ame <NOTE PLACE="marg">Ale-hou|&s;es.</NOTE> offence being &s;een and viewed by a Ju|&s;tice of Peace, &amp;c. or proved by the Oath of two witne&s;&s;es before any &s;uch Ju&s;tice of Peace (which he may admi|ni&s;ter). And that all the &s;aid penalties be levied by the Con&s;tables or Church-wardens of the place by Warrant from one Ju&s;tice of the Peace of the County, &amp;c.
<PB N="193" REF="102"> by way of di&s;tre&s;&s;e to be taken and de|tained for the Forfeiture; And for de|fault of &s;atisfaction within &s;ix dayes af|ter the di&s;tre&s;&s;e taken, the &s;ame to be pre&s;ently appri&s;ed and &s;old, and the &s;ur|plu&s;age to be delivered, &amp;c. And for want of &s;uch &s;ufficient di&s;tre&s;&s;e, the party offending, to be by the &s;aid Ju&s;tice committed to the Common Goal, there to abide till the penalty be paid. So 1 <HI>Iac. 9. 21 Iac. 7.</HI> Of <HI>Ale-hou&s;es.</HI></P>
<P N="8">8. Another to this purpo&s;e; That <NOTE PLACE="marg">Drunken|ne&s;&s;e.</NOTE> the offender &s;hall forfeit, &amp;c. to be le|vied by way of di&s;tre&s;&s;e, by any per|&s;on or per&s;ons, having Warrant from any Ju&s;tice of Peace, or Court, where any &s;uch Conviction &s;hall be. So 4 <HI>Iac.</HI> 4. Of <HI>Drunkenne&s;&s;e.</HI> And af|ter by 21 <HI>Iac.</HI> it is added, thus; That proof of one witne&s;&s;e &s;hall be enough-And that any one Ju&s;tice of Peace &s;hall have power upon his own view, Con|fe&s;&s;ion of the party, or proof of one witne&s;&s;e upon Oath, (which he &s;hall have power to admini&s;ter) to convict any offender.</P>
<P N="9">9. Another to this purpo&s;e; That any two Ju&s;tices of the Peace may <NOTE PLACE="marg">Cloth.</NOTE> grant their Warrant to call before them Witne&s;&s;es, and to examine them upon Oath. And if it be found by the oath of two witne&s;&s;es, or Confe&s;&s;ion of the party offending, that he hath done it,
<PB N="196" REF="103"> that he &s;hall remain convict of it. And the Ju&s;tices may certifie it under their hands and &s;eals unto the Church-War|dens and Over&s;eers of the Poor of the place where, &amp;c. And that then imme|diately after the &s;aid Certificate &s;hall be &s;o delivered to &s;uch Church-war|dens; &amp;c. and Warrant by them made to the &s;aid Over&s;eers and Church-Wardens for the levying of the &s;aid Forfeiture, it &s;hall be lawfull for them to levy the &s;ame by di&s;tre&s;&s;e, &amp;c. And for lack of &s;uch di&s;tre&s;&s;e, it &s;hall be lawfull for the &s;aid two Ju&s;ti|ces of Peace to commit the offender to the Common Goal without bayl, till payment be made of the Forfeiture to the Church-Wardens, &amp;c. 21 <HI>Iac. 18. Of cloath.</HI></P>
<P N="10">10. Another is to this purpo&s;e; Af|ter <NOTE PLACE="marg">Ale-hou|&s;es.</NOTE> a good power given to convict of one offence, and to levy the Forfeiture for the &s;ame; That for another offence it being duly proved in manner as is before limited; To be levied in &s;uch manner as is before appointed by this Statute. So 1 Jac. 9. 4. Jac. 4 &amp; 5. Of <HI>Ale-hou&s;es.</HI></P>
<P N="11">11. Another thus; That any Ju&s;tice <NOTE PLACE="marg">Logwood.</NOTE> or Ju&s;tices of the Peace, &amp;c. may cau&s;e the Servants or Workmen of the offender to come before him o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> them; and them to examine by oath,
<PB N="197" REF="103"> or otherwi&s;e. And if upon Examina|tion, they find the thing to be &s;o, That then they may bind them and the Witne&s;&s;es over, and certifie the Exa|minations to the next Se&s;&s;ions; or if they refu&s;e to be bound, &s;end them to Goal. So 39 <HI>Eliz.</HI> 11. Of <HI>Log-wood.</HI></P>
<P N="12">12. Another to this purpo&s;e; That they that &s;hall offend, and the offence be proved by the Con&s;e&s;&s;ion of the <NOTE PLACE="marg">Phea&s;ants.</NOTE> party, or oath of one witne&s;&s;e be|fore two Ju&s;tices of the Peace, That he &s;hall be by the &s;aid Ju&s;tices &s;ent to Goal without bayl, for three moneths, unle&s;&s;e he forthwith pay the Forfeiture to the Church-Wardens, &amp;c. So 7 Jac. 10. Of <HI>Phea&s;ants,</HI> &amp;c.</P>
</DIV3>
<DIV3 N="5" TYPE="section">
<PB N="198" REF="104">
<HEAD>SECT. 5.</HEAD>
<P>THere are other Statutes, Acts, and Ordinances, that as to this point of the giving power to the Ju&s;tices of the Peace about the Conviction of offenders, and doing of execution upon them, are more doubtfully penned, &s;ome appointing a thing to be done, and not giving power to any body to do it, or not &s;aying by whom it &s;hall be done.</P>
<P N="1">1. One of them is to this purpo&s;e. That upon complaint, and proof made, &amp;c. before any one or more of the Ju|&s;tices <NOTE PLACE="marg">Bla&s;ph<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">my</NOTE> of the Peace, by the Oath of two or more Witne&s;&s;es, (which he or they may admini&s;ter) or Confe&s;&s;ion of the Offender, the &s;ame confe&s;&s;ing, or con|victed party, &s;hall be committed to pri|&s;on, or hou&s;e of Correction for a Month. [And it doth not &s;ay by whom he &s;hall be committed.] So in 9 <HI>Augu&s;t.</HI> 1650. Of Bla&s;phemy. To the &s;ame purpo&s;e is another: That the offender &s;hall forfeit; &amp;c. And that it &s;hall be levi|ed, &amp;c. and if he be not able to pay it, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">le-hou&s;es</NOTE> then (&s;aith the Act) he is to be com|mitted to the Stocks; [and &s;aith not by whom] So in 4 <HI>Iac.</HI> 5. Of Ale-hou&s;es. To the &s;ame purpo&s;e is ano|ther.
<PB N="199" REF="104"> That the Offender &s;hall forfeit, &amp;c. To be levied, &amp;c. and for lack of <NOTE PLACE="marg">Lords day.</NOTE> di&s;tre&s;&s;e, or not payment thereof made, the offender to be committed to the hou&s;e of Correction, for three Months or untill he make payment thereof, So is it in 17 <HI>Septemb.</HI> 1657. of the Lords Day. To this purpo&s;e is al&s;o 19 <HI>H.</HI> 7. <NOTE PLACE="marg">Buck&s;talls.</NOTE> 11. of Buck&s;talls, and 39 <HI>Eliz.</HI> 11. a|bout Cloath. And the Acts of 1 <HI>Iac.</HI> 1. and 6th of <HI>Aprill,</HI> 1644. of the <NOTE PLACE="marg">Cloath. Lords day.</NOTE> Lords Day, are in this part, and as to this point very incertainly penned.</P>
<P N="2">2. Others &s;et forth how the offender &s;hall be puni&s;hed, and how execution of the penalty &s;hall be made and done. But doth not &s;ay how the offender &s;hall <NOTE PLACE="marg">High-wayes.</NOTE> be convicted of his offence before the Ju&s;tices of the Peace. And of this &s;ort we have one to this purpo&s;e. That the Surveyors of the High-wayes &s;hall levy the Forfeitures, and if they levy it not by &s;uch a time that then the Con|&s;tables &s;hall levy it. So 18. <HI>Eliz.</HI> 10. of Highwayes. So to the like purpo&s;e is it by another. That appointeth For|feitures upon Over&s;eers of the Poor, for neglect of their office: And that their Succe&s;&s;ours by Warrant of two Ju|&s;tices of the Peace, by di&s;tre&s;&s;e and &s;ale of their goods &s;hall levy: But there is no way &s;et down by the Act, how they may be convicted of their offence. So in 43 <HI>Eliz</HI> 2. And &s;o is the Act of
<PB N="200" REF="105"> 9th of <HI>F<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">r.</HI> 1647. For the neglect of the Church-wardens in their Office, and <NOTE PLACE="marg">Church-Wardens.</NOTE> of the Pari&s;h by not choice of Church-wardens, and of the Pari&s;hioners by not payment of their Rates, there are &s;eve|rall <NOTE PLACE="marg">Rates not paid.</NOTE> Forteitures appointed for the&s;e &s;e|verall offences. And it is &s;aid in them. That it &s;hall be lawfull for the pre&s;ent, and &s;ub&s;equent Church-wardens by Warrant under the hands and Seals of two Ju&s;tices of the Peace, to levy the &s;ame by di&s;tre&s;&s;e and &s;ale of the Offen|ders goods, &amp;c. and for lack of di&s;tre&s;&s;e, to &s;end him to Goal, till payment. And to the &s;ame purpo&s;e is a part of 19th <HI>April,</HI> 1650, About the Lords Day. So <NOTE PLACE="marg">Lords day.</NOTE> is 3 <HI>car.</HI> 3. about the Ale-hou&s;e-kee|pers, as to the Officers penalty. And &s;o was 4 <HI>Iac.</HI> 5. about drunkenne&s;&s;e, untill it was &s;upplied by 21 <HI>Iac.</HI> 7.</P>
<P N="3">3. Others they &s;et down how the of|fender &s;hall be convicted of his offence. But they &s;ay not how execution &s;hall be done. For this, one of them is to this purpo&s;e, That any one Ju&s;tice of Peace upon complaint, &amp;c. may cau&s;e the par|ty acen&s;ed to come before him, and ex|amine him therein. And if by the &s;ame, and other due proof, he find him guilty, that he &s;hall forfeit &s;o much, &amp;c. <NOTE PLACE="marg">Cloath.</NOTE> So in 4 <HI>El.</HI> 4. 1. of Cloath. Another thus, That upon due proof of &s;uch an offence before any Ju&s;tice of Peace, the offender &s;hall forfeit, &amp;c. [and no words
<PB N="201" REF="105"> how it &s;hall be levied]. So in two or <NOTE PLACE="marg">Captains and Soul|diers.</NOTE> three <HI>Ed.</HI> 6. Of Captains.</P>
<P N="4">4. Others are &s;o penned, that they do not give a clear power to the Ju&s;tices either to convict the offender of the of|fence, or to do execution of the penalty, or pain to be inflicted for the offence. So is 14 <HI>Eliz.</HI> 5. about the Rates for <NOTE PLACE="marg">Trea&s;urers Poor.</NOTE> the Goal, there is a Forfeiture of 5 l. &s;et upon an Offender. But no way &s;et down to convict the Offender, or to le|vy the Forfeiture. So in 43 <HI>Eliz.</HI> 2. and <NOTE PLACE="marg">Souldiers.</NOTE> 3. There are in tho&s;e Statutes, &s;ome Forfeitures &s;et upon offenders for their offences, and there is neither power of Conviction, nor of giving warrants for execution given to the Ju&s;tices of Peace therein. 4. But in &s;ome ca&s;es, as in 1 <HI>Iac.</HI> 9. as to the Forfeiture for Tip|ling, <NOTE PLACE="marg">Tipling.</NOTE> and &s;elling le&s;&s;e then mea&s;ures; the Act it &s;elf, upon the Conviction of the Offender, before the Ju&s;tice of Peace giveth power to the Con&s;tables, and Churchwardens, who of their own heads without warrant from any Ju&s;tice of Peace, may levy the Forfeiture. So in 43 <HI>Eliz.</HI> 2. and 3.</P>
</DIV3>
<DIV3 N="6" TYPE="section">
<PB N="202" REF="106">
<HEAD>SECT. VI. Certain Que&s;tions, and An&s;wers for the opening of &s;ome of the Statutes, Acts, and Ordinances touching the Office of the Iu&s;tice of the Peace.</HEAD>
<P>Que&s;t. 1. VVHere a Statute, Act, or Ordinance of Parliament, made for the puni&s;h|ment of any offence, &s;hall not in any part thereof give any expre&s;&s;e power to the Ju&s;tices of the Peace, to do any <NOTE PLACE="marg">Ju&s;tices power.</NOTE> thing upon it. As 1 <HI>Iac. 12. 8 H. 6. 12. 21 Iac.</HI> 29. and others. Whether in this ca&s;e, the Ju&s;tices of the Peace may do any thing upon it at their Se&s;&s;ions of the Peace?</P>
<P><HI>An&s;w.</HI> We Conceive, Nothing at all more then what they might have done therein, before the making of the Sta|tute, &amp;c. See <HI>C<GAP DESC="illegible" RESP="apex" EXTENT="3 letters">. 2. Rep.</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">43.</P>
<P><HI>Que&s;t.</HI> 2. If the offence mentioned in &s;uch a Statute, &amp;c. were an offence at the Common-Law, before the making of that Statute, &amp;c. and within the Co|nu&s;ance of the Ju&s;tices of the Peace, as in the Ca&s;e of a Riot, Perjury, or the like. Whether in this Ca&s;e the &s;ame
<PB N="203" REF="106"> offence may not &s;till be puni&s;hed as an offence at the Common-Law, before the Ju&s;tices of the Peace?</P>
<P><HI>An&s;w.</HI> We conceive, yea: and yet that the offender &s;hall not be twice pu|ni&s;hed for the &s;ame offence.</P>
<P><HI>Que&s;t.</HI> 3. Where the Statutes, Acts, and Ordinances do give power to do things in a way of Conviction of offen|ders to the Ju&s;tices of Peace diver&s;ly. It being in &s;ome of them, That all the Ju&s;tices of the Peace of the County &s;hall do it. In others: That all Ju&s;tices of the Peace <NOTE PLACE="marg">17 <HI>Of Septemb. 1656. of Recu&s;ants. 24 H. 8. 10. 21 Iac. 27. 5 and 6 Ed. 6. 4. 1 Iac 27 11 H. 7. 15. 4 Ed. 4. 1. of cloth. Act. 14 Augu&s;t 1649. of Exci&s;e. 1 and 2 Ph<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">and M. 5. 5. 17 Sept. 16<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">6. Of the Lords Day, and of &s;uch as live at high Rates. 2 and 3 Ph. and M.</HI> 16.</NOTE> of the County may do it. In others, that the Ju&s;ti|ces of the Peace of the County &s;hall do it. In others, that any Ju&s;tice of the Peace of the Coun|ty &s;hall do it. In others; th<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> all and every Ju&s;tice of the Peace in any County, may do it. In Others; that all and eve|ry Ju&s;tice of the Peace &s;hall do it. In others, that any of the Ju&s;tices of the County &s;hall do it. In othe<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">s, That a Ju&s;tice of Peace may do it. In others, That upon proof of the offence before one or two Ju&s;tices of the Peace, he or th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y may puni&s;h &s;o and &s;o. In others;
<PB N="204" REF="107"> That every per&s;on &s;o offending, and be|ing thereof convict, &amp;c. How all the&s;e &s;hall be taken, as to the per&s;ons to do the thing?</P>
<P><HI>An&s;w.</HI> As to this, we An&s;wer; That ordinarily where in this ca&s;e a power is given to the Ju&s;tices of the Peace to do any thing, and it is not expre&s;t where, or how the thing &s;hall be done; In this ca&s;e we conceive, That thing to be done (e&s;pecially if it be to convict an Offender of an offence) it mu&s;t be al|wayes done in the Se&s;&s;ions of the Peace, and in and by the ordinary way of In|dictment, or Pre&s;entment, and Tra|ver&s;e, and Tryall of a Jewry, or Con|&s;e&s;&s;ion. And then to hold a Se&s;&s;ions of the Peace, there mu&s;t be two Ju&s;tices <NOTE PLACE="marg">Se&s;&s;ions.</NOTE> of the Peace at the lea&s;t, and one of them mu&s;t be of the <HI>Quorum.</HI> But where the Act doth declare that the thing to be done, may be done without the Se&s;&s;ions, and that any Ju&s;tices may do it, there it &s;eems there mu&s;t be two Ju&s;tices to do it. If it &s;ay, all the Ju|&s;tices of the Peace, or every Ju&s;tice of <NOTE PLACE="marg">What one two, or three Ju|&s;tices may do.</NOTE> Peace, or any Ju&s;tic<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> the Peace, or any one Ju&s;tice of the Peace of the County may do it; in the&s;e ca&s;es it may be done by any one Ju&s;tice of Peace. And where it doth expre&s;&s;e the thing to be done before one, two, or three Ju&s;tices of the Peace, there it mu&s;t be done accordingly. But in &s;ome ca&s;es
<PB N="205" REF="107"> the Laws may perhaps be otherwi&s;e ta|ken.</P>
<P><HI>Que&s;t.</HI> 4. Where an Act, &amp;c. doth give power to one or two Ju&s;tices to do a thing, Whether it may not be done by more Ju&s;tices?</P>
<P><HI>An&s;w.</HI> Where the Act, &amp;c. is pen|ned, That one or two Ju&s;tices may do a thing, There we conceive it clear, It may be done by more Ju&s;tices. But where it is penned, One Ju&s;tice [or two Ju&s;tices] &s;hall do it; There it may be a little more doubtful. But in both Ca&s;es, we conceive it may be done by more. And yet in this la&s;t Ca&s;e I &s;hould rather choo&s;e to do it by the very &s;ame number.</P>
<P><HI>Que&s;t.</HI> 5. Where &s;ome of the Sta|tutes, <NOTE PLACE="marg">4 Jac. 5. <HI>and the re&s;t named be|fore, and next after.</HI></NOTE> &amp;c. are penned thus, That the Ju&s;tices &s;hall have authority to do. Others, That they &s;hall do. Others, That they may do. Some, That they may put the Statute in execution. Others, That they may take the Con|viction, and do execution Others, That they &s;hall puni&s;h the offences up|on the Statute. Others, That upon Oath taken before the Ju&s;tices, the For|feiture to be levied by the Ju&s;tices, &amp;c. Others, That the thing &s;hall be done before them. How the&s;e &s;hall be ta|ken?</P>
<PB N="206" REF="108">
<P><HI>An&s;w.</HI> We conceive, they, or the mo&s;t part of them, are much to one purpo&s;e in the Law, and do give a &s;uf|ficient power to the Ju&s;tices of the Peace in the thing &s;poken of: but how, and in what manner, we cannot &s;et forth.</P>
<P><HI>Que&s;t.</HI> 6. Where &s;ome of the Sta|tutes, &amp;c. do give power to the Ju&s;tices of the Peace, of doing, and &s;ay not where they <NOTE PLACE="marg"><HI>Act.</HI> 17. Septemb. 1656. <HI>of the Lords-Day, and of Recu&s;ants. 5 Eliz. 4, 2 &amp; 3 Ed. 6. 15. 25 H. 8. 13. 5 Eliz. 9. 2 &amp; 3 Ph. &amp; M. 3. 4 Iac. 5. 4 H. 7. 12. 21 Iac. 21. 39 Eliz. 17. 24 H.</HI> 8. 10. 1 Jac. 27. 3 Jac. 13. 5 &amp; 6 <HI>Ed. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> 4. 14 H. 8. 10. 19 H.</HI> 7. 11.</NOTE> &s;hall do it. Others &s;ay, They may do it at the Quarter-Se&s;&s;ions. Others, At the open Se&s;&s;ions. Others, at the principal Se&s;&s;ions. Others, At the general Se&s;&s;ions. Others, At the publike Se&s;&s;ions. Others, At the u&s;uall Se&s;&s;ions. Some, At the ordinary Se&s;&s;ions. Others, At the Se&s;&s;ions onely. How all the&s;e &s;hall be taken?</P>
<P><HI>An&s;w.</HI> This is partly an&s;wered in the An&s;wer to the third Que&s;tions. But by all the&s;e we conceive thus much; That the thing to be done by the Ju&s;ti|ces of the Peace, is to be done in, and not out of &s;ome Se&s;&s;ions of the Peace. And in all tho&s;e Ca&s;es (but in the la&s;t) We conceive, is intended, That the
<PB N="207" REF="108"> thing mu&s;t be done at the Quarter-Se&s;&s;ions. And in the la&s;t Ca&s;e, where it is &s;aid, It may be done at a Se&s;&s;ions of the Peace, or at any Se&s;&s;ions, &amp;c. there it is mo&s;t &s;afe al&s;o to do it at the Quarter-Se&s;&s;ions, though perhaps it may be done at a &s;pecial Se&s;&s;ions held for that purpo&s;e.</P>
<P><HI>Que&s;t.</HI> 7. Where a Statute, &amp;c. doth &s;ay, That the Ju&s;tices of the Peace of the County &s;hall or may hear and de|termine the offence; but doth not &s;ay where, as 39 <HI>Eliz.</HI> 4. of <HI>Bride-well;</HI> <NOTE PLACE="marg">Bride-well. Mariners.</NOTE> and Chap. 17. of <HI>Mariners.</HI> Whether the Ju&s;tices may by this do any thing out of the Se&s;&s;ions of the Peace?</P>
<P><HI>An&s;w.</HI> We conceive not. And yet perhaps if it be to make a Rate, or to do &s;ome &s;uch like thing, and not to puni&s;h an offence done, there happily it may be done by the major part of the Ju&s;tices of the Peace out of, as well as within, the Se&s;&s;ions.</P>
<P><HI>Que&s;t.</HI> 8. If a Statute, &amp;c. do give power to Ju&s;tices of the Peace, to hear and determine an offence, and it doth not &s;ay by what way it &s;hall be done; Whether it may be done by any other, but by the ordinary way of Indictment, Traver&s;e; &amp;c?</P>
<PB N="208" REF="109">
<P><HI>An&s;w.</HI> We conceive, No<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">.</P>
<P><HI>Que&s;t.</HI> 9. Where &s;ome of the Sta|tutes, &amp;c. touching Crimes, do give power to the Ju&s;tices to hear and determine them. <NOTE PLACE="marg">5 and 6 Ed. 6. 4. &amp; 14. 27 Eliz. 7. 12. 2 <HI>and</HI> 3 Ph. <HI>and</HI> M. 3. 7. 5 Eliz. 4. 5. 9. 21. 10 May, 1650. 4 Jac. 5. 1 Jac. 22. 27. 3 Jac. 13. 2 <HI>and</HI> 3 Ed. 6. 2. 10. 23 Eliz. 10. 17 Ed. 4. 1. 1 Ed. 4. 21. 12 March. 1648. 18 Eliz. 10. 22 H. 8. 5. 31 Eliz. 12. 1 Eliz. 17. 32 H. 8. 13. 4 Ed. 4. 1. 33 H. 8. 1. 1 Ed. 6.</NOTE> Others, To enquire, hear, and determine them. Others, to examine, en|quire, hear, and deter|mine them. Others, to examine, hear and de|termine them. Others, To examine and deter|mine them. Others, To hear, or [in the di&s;|junctive] determine them. Others, To determine them. And &s;ome of the&s;e al&s;o have divers Additions of other things to them: As that they may do it by Verdict; or, That they &s;hall do it by Examination, or otherwi&s;e. Or, That it &s;hall be by Witne&s;&s;es, or by two lawfull witne&s;&s;es, or Confe&s;&s;ion; or that it &s;hall be upon Pre&s;entment, Indictment, or Informa|tion. Or that the Ju&s;tices &s;hall call the parties before them, &s;end out pro|ce&s;s, give Judgment, puni&s;h, do Execu|tion, or the like. How all the&s;e &s;hall be under&s;tood?</P>
<PB N="209" REF="109">
<P><HI>An&s;w.</HI> We conceive, That generally all the&s;e words &s;hall have one and the &s;ame Con&s;truction and operation in the Law. And that the Ju&s;tices of the Peace by either &s;ort of the&s;e words in a Statute, &amp;c. have a compleat power of <HI>Oyer</HI> and <HI>Terminer</HI> given to them of the offences named by the Statute. And that the &s;ame, or &s;uch other like Addi|tions as are named in the Que&s;tion, will not alter the Ca&s;e. But how, and in what way, we cannot &s;et forth.</P>
<P><HI>Que&s;t.</HI> 10. Where &s;ome of the Sta|tutes, &amp;c. do give power to the Ju&s;tices <NOTE PLACE="marg">7 Ed. 6. 5. 8 H 6. 5. 9. 1 Ed. 6. 5. 12 Ed 4. 9. 4 Jac. 5. 1 H. 8. 7. 2 &amp; 3 Ph. and M. 8. 5 Eliz. 13. 7 Ed. 6. 5. 24 H. 8. 10. 25 H. 8. 13. 14. 15 H. 8. 10.</NOTE> of the Peace onely, To enquire of the offence. Others, To enquire as well at the Suit of the King, as of the Party. Others, To charge the Juries before them to enquire. Others, That the offences &s;hall be enquireable before them. Others, That they &s;hall en|quire by Pre&s;entment. Others, That they &s;hall enquire and &s;et Fines. How all the&s;e &s;hall be taken, And what the Ju&s;tices of Peace may do upon them?</P>
<P><HI>An&s;w.</HI> We conceive al&s;o, That the&s;e words, in the mo&s;t of the&s;e Statutes, are of the &s;ame nature, and &s;hall have the &s;ame Con&s;truction as tho&s;e in the la&s;t Que&s;tion had. And that they do not limit the power of the Ju&s;tices of
<PB N="210" REF="110"> the Peace. But that they will have by either &s;ort of the&s;e words, a compleat power of Oyer and Terminer given to them of the offences named in the Sta|tute. But how, and in what way, we cannot &s;et forth.</P>
<P><HI>Que&s;t.</HI> 11. Where &s;ome of the Sta|tutes do give a power to the Ju&s;tices of the Peace, to puni&s;h an offence ac|cording to their di&s;cretion. Others, for &s;uch an offence, to Fine or to impri&s;on according to their di&s;cretion. Others, to Fine and Impri&s;on according to their di&s;cretion, as is 7 Jac. 4. 17 R. 2. of <HI>Fi&s;h.</HI> How all the&s;e &s;hall be taken, and what the Ju&s;tices of the Peace may do upon them?</P>
<P><HI>An&s;w.</HI> We do conceive, That by this &s;ort of words al&s;o, That there is a good power of Oyer and Terminer of the offences named in the Statute, &amp;c. wherein they are u&s;ed, given to the Ju&s;tices of the Peace.</P>
<P><HI>Que&s;t.</HI> 12. Where the Statute, &amp;c. is thus penned, That the Ju&s;tices of the Peace at their Quarter-Se&s;&s;ions &s;hall have power to Indict, and try the offen|ders by the u&s;ual cour&s;e of Indictments and Tryals in the like ca&s;es. And af|ter &s;uch Conviction, to adjudge the offender to the Pillory; as it 39 Eliz. 11. of <HI>Logwood.</HI> How this &s;hall be <NOTE PLACE="marg">Logwood.</NOTE>
<PB N="211" REF="110"> taken, and what the Ju&s;tices may do upon it?</P>
<P><HI>An&s;w.</HI> We conceive, That hereby there is given to the Ju&s;tices of the Peace, a good power of Oyer and Ter|miner of the offence within that Law. But in what way, we cannot &s;et forth.</P>
<P><HI>Que&s;t.</HI> 13. Where the Statute, &amp;c. is, That he that &s;hall offend, &s;hall be grievou&s;ly puni&s;hed according to the di&s;cretion of the Ju&s;tices, and that they &s;hall judge him to the &s;ame bodily puni&s;hment as his offence requireth, and &s;hall do execution thereupon; as is 13 <HI>R.</HI> 2. 8. of <HI>Labourers.</HI> How this <NOTE PLACE="marg">Labourers.</NOTE> &s;hall be taken, And what the Ju&s;tices of the Peace may do upon it?</P>
<P><HI>An&s;w.</HI> We conceive, That by this he may be Indicted or pre&s;ented for the offence; and if he be found guilty, he may be impri&s;oned what time the Ju&s;tices of the Peace think fie. But for the way by which it is to be done, we do not &s;et forth.</P>
<P><HI>Que&s;t.</HI> 14. Where a Statute, &amp;c. giveth power to the Ju&s;tices of the Peace, to hear and end an offence by Examination according to their di&s;|cretion. Or, as others, By examinati|on of parties and witne&s;&s;es; As it is
<PB N="212" REF="111"> 32 H. 8. 13. of Hor&s;es. 11 H. 7. 15. <NOTE PLACE="marg">Hor&s;es. Sheriffs. Deer.</NOTE> of Sheriffs. and 19 H. 7. 11. of Deer. How the&s;e &s;hall be taken, and what the Ju&s;tices of the Peace may do upon them. And whether they may examine upon Oath?</P>
<P><HI>An&s;w.</HI> We conceive, (as to this ca&s;e) The words &s;eem to hold forth a power of <HI>Oyer</HI> and <HI>Terminer,</HI> in the or|dinary way. If otherwi&s;e, then we doubt whether they may examine by Oath, except it be in &s;uch a thing as whereabouts they do examine by Oath, before the making of the Statute. But it &s;hould &s;eem to me, They may by the&s;e words examine without Oath, <NOTE PLACE="marg">Examina|tion.</NOTE> and, upon that examination, order the puni&s;hment, as in the ca&s;e of Provi&s;ion for a Ba&s;tard child, and puni&s;hment of the Parents, upon 18 <HI>Eliz.</HI> The words of which Statute are the &s;ame in effect with the words of this Statute. And if the Ju&s;tices of the Peace &s;hall in this and &s;uch like ca&s;es, take upon them to hear and end, convict and puni&s;h in the ordinary way of Indictment, we can &s;carce tell how the offender will be re|lieved. But how the law will fall out herein, we cannot certainly &s;et forth.</P>
<P><HI>Que&s;t.</HI> 15. Where a Statute is pen|ned thus; under pain of 10 l. the one half to the King, and the other half to him that will &s;ue for it by Action of
<PB N="213" REF="111"> debt, by examination before the Ju&s;tices of the Peace, information, or otherwi&s;e. As it is in 11 H. 7. 17. Of Phe&s;ants. <NOTE PLACE="marg">Phea&s;ants.</NOTE> How this &s;hall be taken, and what the Ju&s;tices may do upon it?</P>
<P><HI>An&s;w.</HI> This Act is very doubtfull. And yet we conceive &s;ome u&s;e or other may be made of it, in order to the pu|ni&s;hment of the Offender.</P>
<P><HI>Que&s;t.</HI> 16. Where a Statute, &amp;c. is penned thus. That the per&s;on offending being thereof convict by examination of Witne&s;&s;es, or confe&s;&s;ion before the Ju|&s;tices of the Peace at their generall Se&s;|&s;ions, &s;hall &s;uffer, &amp;c. And that two Ju&s;tices, one of the <HI>Quorum,</HI> may con|vent him to the Se&s;&s;ions by proce&s;&s;e, or otherwi&s;e, or to commit him to ward, or let him to bayl, till the next A&s;&s;izes, or generall Se&s;&s;ions, there to be exami|ned, and further ordered, as afore&s;aid. As it is in 33 H. 8. 1. How this &s;hall be taken. And what the Ju&s;tices of the Peace may do upon it?</P>
<P><HI>An&s;w.</HI> This is partly an&s;wered before in the An&s;wer to the 14th Que&s;tion. But in this ca&s;e we conceive that the of|fender may in the ordinary way be in|dicted, and if he confe&s;&s;e the offence, he may be therein convicted. Or other|wi&s;e that the Ju&s;tices may without oath, examine Witne&s;&s;es, and order his pu|ni&s;hment:
<PB N="214" REF="112"> as upon the Act of 18 <HI>Eliz.</HI> about a Ba&s;tard. But the words &s;eem to me to contain in them probably a power of <HI>Oyer</HI> and <HI>Terminer,</HI> in the or|dinary way of Tryall. But we do not pre&s;ume to give forth anything for cer|tain herein.</P>
<P><HI>Que&s;t.</HI> 17. Where a Statute, &amp;c. in one part thereof giveth power to the Ju&s;tices of the Peace, to hear and de|termine an offence, and in another part thereof, is this clau&s;e. That any two Ju&s;tices out of the Se&s;&s;ions may exa|mine, hear, enquire, and determine, and to admini&s;ter Oaths, &amp;c. As it is in 1 <HI>Iac.</HI> 27. of Phe&s;ants. How this <NOTE PLACE="marg">Phe&s;ants.</NOTE> &s;hall be taken: and what the two Ju|&s;tices of the Peace may do herein out of Se&s;&s;ions?</P>
<P><HI>An&s;w.</HI> We do not under&s;tand what the two Ju&s;tices of the Peace may by the&s;e words do out of the Se&s;&s;ions, nor what the words do intend, except it be to give power to convict the offender at the generall Se&s;&s;ions, and al&s;o at a &s;peciall Se&s;&s;ions, kept for that purpo&s;e onely.</P>
<P><HI>Que&s;t.</HI> 18. Where a Statute, &amp;c. giveth a power to one, two, or more Ju|&s;tices of the Peace in a &s;pecial way, and out of the Se&s;&s;ions, to convict an offen|der of his offence. And the &s;ame Sta|tute
<PB N="215" REF="112"> doth nor give to the Ju&s;tices of the Peace, a generall power al&s;o, to hear and determine the offence. As it is in the Act of 1650 about Swearing, and <NOTE PLACE="marg">Swearing.</NOTE> divers others. Whether in this ca&s;e the Ju&s;tices of the Peace may by their Or|dinary way of Tryall in the Se&s;&s;ions, hear, and puni&s;h this offence?</P>
<P><HI>An&s;w.</HI> As to this ca&s;e, we do con|ceive, that there can be no conviction of this offender for his offence el&s;ewhere, or otherwi&s;e then before the one, two, or three Ju&s;tices of the Peace, out of a Se&s;&s;ions of the Peace, And that the Ju|&s;tices of the Peace in their Se&s;&s;ions, are not to intermeddle therewith. But that <NOTE PLACE="marg">Se&s;&s;io<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"></NOTE> in ca&s;es where there is a generall clau&s;e al&s;o in&s;erted in the Statute, to give to the Ju&s;tices a power to hear, and deter|mine the offence, as there is in 23 <HI>Eliz. 10. 39 Eliz. 4. 1 Iac. 27. 9</HI> Augu&s;t, 1650. 9 <HI>Febr.</HI> 1647. There the offen|der may be proceeded again&s;t by the one, or by the other way.</P>
<P><HI>Que&s;t.</HI> 19. Where a Statute, &amp;c. doth give power to the Ju&s;tices of the Peace to di&s;train the goods of an offen|der, or to &s;end him to pri&s;on for a For|feiture. But there is no way for the <NOTE PLACE="marg">Poor. Marriners and mai|med Soul|diers.</NOTE> Conviction of the offender &s;et down by the Statute. As it is 43 Eliz. 2. of the <HI>Poor.</HI> and Chap. 3. of <HI>Mariners and maimed Souldiers.</HI> 13 Eliz. 10. of
<PB N="216" REF="113"> <HI>High-wayes.</HI> 5 and 6 of Ed. 6. 25. of <HI>Ale-hou&s;es.</HI> 1 Jac 9. 21 Jac. 7. 4 Jac. <NOTE PLACE="marg">High-wayes. Ale-hou&s;es Drunken|ne&s;&s;e. Lords-Day.</NOTE> 5. 1 Car. 4. of <HI>Ale-hou&s;es,</HI> and <HI>Drunk|enne&s;&s;e,</HI> and 19 <HI>April,</HI> 1650. of the <HI>Lords-Day.</HI> 7 Jac. 4. What &s;hall be done in this ca&s;e, And whether it may not be &s;upplyed by the Se&s;&s;i|ons?</P>
<P><HI>An&s;w.</HI> We do conceive it will be in this as in the la&s;t Ca&s;e, That where there are no generall words in the Sta|tute, &amp;c. to give power to the Ju&s;tices of the Peace, to hear, and determine <NOTE PLACE="marg">Se&s;&s;ions.</NOTE> the offence. That in this ca&s;e there is no way to puni&s;h the offender. And &s;o al&s;o it will be in ca&s;e where the Sta|tute doth give a power of Conviction, but no power of Execution. As it is in two and three of <HI>Ed</HI> 6. about Soul|diers. 21 <HI>Iac.</HI> 18. of Cloath. 17 <HI>Sep|temb.</HI> <NOTE PLACE="marg">Souldiers. Cloth. Lords-day.</NOTE> 1656. of the Lords-Day. And &s;o al&s;o it will be, where the Statute, &amp;c. doth not appoint a way of Convi|ction, or of Execution, but both are omitted. As it is in 7 <HI>Iac.</HI> 4. of Bridge|well. and 21 <HI>Iac.</HI> 28. And that it is <NOTE PLACE="marg">Bride-well. Caution to the Ju&s;ti|ces.</NOTE> not &s;afe for the Ju&s;tices of the Peace to give Warrants in the&s;e Ca&s;es.</P>
<P><HI>Que&s;t.</HI> 20. Where a Statute, &amp;c. doth &s;ay, a Conviction &s;hall be before the Ju&s;tices, by the proof [or by the Te&s;timony] of witne&s;&s;es. And it doth not &s;ay, upon Oath. As in 21 Jac. 18.
<PB N="217" REF="113"> of <HI>Cloth.</HI> 39 Eliz. 4. of <HI>Bride-well.</HI> <NOTE PLACE="marg">Cloth. Bride-well. Crows.</NOTE> 24 H. 8. 10. of <HI>Crowes.</HI> What proof this mu&s;t be, Whether proof upon oath?</P>
<P><HI>An&s;w.</HI> We conceive it to be doubt|full. But that the mo&s;t &s;ure way for the Ju&s;tices, is to adventure to do it by the ordinary way of Indictment, and the Tryal of a Jury.</P>
<P><HI>Que&s;t.</HI> 21. Where a Statute, &amp;c. doth direct, the Conviction of an offen|der to be by oath before one, or niore Ju&s;tices of the Peace. But it doth not give power to the Ju&s;tice to admi|ni&s;ter the oath: As in Act. 4th Febr. 1641. of <HI>Titles of Honour.</HI> 14 Au|gu&s;t, <NOTE PLACE="marg">Titles of Hounour-Exci&s;e. Hue-and-Cry.</NOTE> 1649. of the <HI>Exci&s;e.</HI> 27 Eliz. 13. of <HI>Hue-and-Cry.</HI> Whether in this ca&s;e the Ju&s;tice of Peace may admini&s;ter the oath?</P>
<P><HI>An&s;w.</HI> We conceive, Yea. And yet there are very few of the Statutes and Acts that do omit the in&s;erting of a Clau&s;e to give power to the Ju&s;tice to admini&s;ter the oath. See for this, the manner of penning of the Act of 27 Eliz. 13. for the oath of him that is robbed, to be taken before a Ju&s;tice of Peace. Which is admitted to be good, and taken daily.</P>
<P><HI>Que&s;t.</HI> 22. Where a Statute, &amp;c.
<PB N="218" REF="114"> doth give power to a Ju&s;tice or Ju&s;tices of the Peace to convict an offender, and levy the Forfeiture by di&s;tre&s;&s;e; with this; That in ca&s;e of lack of di&s;tre&s;&s;e, they may proceed further. How this lack of di&s;tre&s;&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> &s;hall be under&s;tood?</P>
<P><HI>An&s;w.</HI> By this we conceive &s;hall be under&s;tood, Lack of di&s;tre&s;&s;e in the place into which the Officer by his Warrant is to enter, and execute it.</P>
<P><HI>Que&s;t.</HI> 23. Where a Statute, &amp;c. gives a power to a Ju&s;tice to di&s;train; and for lack of di&s;tre&s;&s;e, to proceed fur|ther, to impri&s;on, &amp;c. How the Ju&s;tice &s;hall in this ca&s;e take notice of the lack of di&s;tre&s;&s;e, &s;o as to grant his &s;econd Warrant upon it.</P>
<P><HI>An&s;w.</HI> In this ca&s;e, we conceive i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> &s;afe&s;t for the Ju&s;tice, (if the Statute will bear it out) to put it in his fir&s;t War|rant, to the officer thus. That he &s;hall di&s;train, and in ca&s;e of lack of di&s;tre&s;&s;e, that he &s;hall carry the party to pri&s;on, [or put him in the &s;tocks] &amp;c. as the Ca&s;e is.] And &s;o put the work upon the Officer, to take care of it.</P>
<P><HI>Que&s;t.</HI> 24. Where a Statute, &amp;c. gives power to a Ju&s;tice to convict an offender, and levy the Forfeiture for his offence. And then the&s;e words are added. That in ca&s;e of lack of di&s;tre&s;&s;e,
<PB N="219" REF="114"> the offender &s;hall be committed [or the offender to be committed] but it doth not &s;ay by whom he &s;hall be commit|ted. As is 39 <HI>Eliz.</HI> 11 of Log-wood. <NOTE PLACE="marg">Log-wood. Bla&s;phe|my. Deer. Drunken|ne&s;&s;e. Exci&s;e. Ale-hou&s;es Lords day. Such as live at high Rates, &amp;c.</NOTE> 9 Augu&s;t 1650, of Bla&s;phemy, 19 <HI>H.</HI> 7. 11. of Deer. 4 Jac. 5. 21 <HI>Iac.</HI> 7 of Drunkenne&s;&s;e, 14 Augu&s;t 1649. of the Exerci&s;e, 6 April 1644, and 17 Sept. 1656. of the Exerci&s;e, 1 Car. 1. 6 A|pril 1644, of the Lords Day, and 17 Septemb. 1656 of them that live at high Rates. Whether in the&s;e ca&s;es the Ju&s;tice of Peace may &s;afely &s;end his Warrant to commit the offender. Or what may be done by him upon &s;uch a Law?</P>
<P><HI>An&s;w.</HI> This Ca&s;e may be a little doubtfull. But we conceive that it will be intended, as that which is nece&s;&s;arily under&s;tood, that the Ju&s;tice of Peace may make &s;uch a warrant, and Ju&s;tify it. And this is the opinion of &s;ome Learned men. But otherwi&s;e we con|ceive that the Ju&s;tices of the Peace in their Quarter-Se&s;&s;ions, cannot &s;upply it, but in ca&s;es where they have a ge|nerall power of <HI>O<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">er</HI> and <HI>Terminer,</HI> of the offence by the &s;ame Law. And there it mu&s;t be al&s;o in the ordinary way way of proceeding by Inditement, &amp;c.</P>
<P><HI>Que&s;t.</HI> 25. Where a Statute, &amp;c. is that for lack of di&s;tre&s;&s;e, the offender
<PB N="220" REF="115"> by warrant from a Ju&s;tice of Peace, &s;hall be whipt, &amp;c. [without more words] as it is in 28 <HI>June,</HI> 1650. about Swea|ring. Whether the Ju&s;tice may in this ca&s;e, make his Warrant to do this?</P>
<P><HI>An&s;w.</HI> It &s;eems, Yea. And &s;o I&s;o, where the Act is penned thus, Upon pain of &amp;c. To be levied by warrant from a Ju&s;tice of Peace, &amp;c. as it is in the Act of Exci&s;e. <HI>Septemb.</HI> 1656.</P>
<P><HI>Que&s;t.</HI> 26. Where a Statute, &amp;c. is penned thus. That upon proof, or Oath, or confe&s;&s;ion of the offence be|fore a Ju&s;tice of Peace [without more words] &s;uch a puni&s;hment &s;hall be in|flicted, or &s;uch a thing &s;hall be done. As it is in Act 14 Augu&s;t 1649. of the <NOTE PLACE="marg">Exci&s;e. Titles of Honour. Stage-Playes. Swearing. Lords day.</NOTE> Exci&s;e. 4 Febr. 1651. of Titles of Ho|nour. Act 1656. of Exci&s;e. 12 Febr. 1647. of Stage-playe<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. Act 1650. of Swearing. 3 <HI>Car.</HI> 1. of the Lords-Day. Whether the&s;e words do give power to the Ju&s;tice to take the Conviction?</P>
<P><HI>An&s;w.</HI> We conceive, Yea. And &s;o al|&s;o, where the Statute, &amp;c. is penned to this purpo&s;e, that unle&s;&s;e &s;uch a thing be done before a Ju&s;tice of Peace, that &s;uch a puni&s;hment &s;hall not be in|flicted. That by this the Ju&s;tice hath power in the thing, as it is in 27 <HI>Eliz.</HI> 13. about the Oath to be taken by him that is robbed. And it &s;eems,
<PB N="221" REF="115"> in all ca&s;es regalarly where a thing is directed to be done before a Ju&s;tice of Peace in ca&s;e of Conviction of an offen|der. That by this there is implicitely given to the Ju&s;tice a power to do that thing. See Ca. 2. Ju&s;t. 689.</P>
<P><HI>Que&s;t.</HI> 27. Where a Statute, &amp;c. is thus penned. That after an offender is convicted before a Ju&s;tice of Peace, the power is given to &s;ome others to levy the penalty, and the Ju&s;tice of Peace hath no power given to him therein. As it is in 43 <HI>Eliz.</HI> 2. of Poor, and 3 of Souldiers and Ma<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">iners, <NOTE PLACE="marg">Poor. Souldiers and Mari|ners.</NOTE> and 1 <HI>Iac.</HI> 9 of Ale-hou&s;e-keepers. Whether in this ca&s;e the Ju&s;tice of Peace may &s;afely &s;end any Warrant to do it?</P>
<P><HI>An&s;w.</HI> In this ca&s;e, we conceive it not &s;afe for the Ju&s;tice of Peace to give any Warrant in it. And that he hath no more to do, but to give notice of the Conviction onely to the per&s;on that is to do the E<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">cution, and mind him of his duty therein. And yet &s;ome al&s;o are of another opinion in this point.</P>
<P><HI>Que&s;t.</HI> 28. Where the words of a Statute, &amp;c. are; That the Ju&s;tice of the Peace &s;hall cau&s;e an o&s;&s;ender to be impri|&s;oned, or the like thing to be done. As
<PB N="222" REF="116"> it is in 14 Augu&s;t 1649. of Exci&s;e. 24 <HI>H.</HI> 8. 10. of Ctows. What the Ju|&s;tice of Peace may do herein.</P>
<P><HI>An&s;w.</HI> We conceive that by this word [Cau&s;e] is given a command and Authority al&s;o to do the thing. And that the Ju&s;tice may thereupon &s;end his Warrant to the officer, o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> &s;ome other that will undertake it, to authorize him to do it.</P>
<P><HI>Que&s;t.</HI> 29. Where a Statute, &amp;c. be&s;ides a generall power of <HI>Oyer</HI> and <HI>Terminer,</HI> of an offence, doth give to the Ju&s;tices a &s;peciall power, to give &s;uch Correction to the offender as they &s;hall think meet. As it is in 5 <HI>Eliz.</HI> 4. about Ma&s;ters, and Servants. What the <NOTE PLACE="marg">Ma&s;ters &amp; Servants.</NOTE> the Ju&s;tices may do upon this?</P>
<P><HI>An&s;w.</HI> We cannot conceive what power is given hereby, except it be that two Ju&s;tices of the Peace may out of Se&s;&s;ions, where they &s;ee cau&s;e, bind the Ma&s;ter to the good behaviour, and &s;end the Servant to Bridewell; which is not but with good advice to be done.</P>
<P><HI>Que&s;t.</HI> 30. Where a Statute, &amp;c. be&s;ides a generall power of <HI>Oyer,</HI> and <HI>Terminer,</HI> of an offence given to the Ju|&s;tices, doth add this Clan&s;e. That they may d<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">v<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">de them&s;elves, and by all
<PB N="223" REF="116"> means according to their di&s;cretion, make enquiry upon the Statute, and the execution thereo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, and puni&s;h the defaults. As it is in 5 <HI>Eliz.</HI> 4 of Ma|&s;ters and Servants. What the Ju&s;tices <NOTE PLACE="marg">Ma&s;ters &amp; Servants.</NOTE> may do by the&s;e Additional words?</P>
<P><HI>An&s;w.</HI> We conceive nothing at all, except it be to keep a &s;peciall Se&s;&s;ions, which (upon the matter) is all one with the generall Se&s;&s;ions, for the Convi|ction and puni&s;hment of the offender.</P>
<P><HI>Que&s;t.</HI> 31. Where the Statute, &amp;c. as to the Conviction of an offender, is penned thus; That every per&s;on offen|ding therein, and confe&s;&s;ing the &s;ame, or being thereof Convicted by Verdict, upon Indictment or Pre&s;entment. As it is in Act 10 <HI>May.</HI> 1650, of Fornica|tion. <NOTE PLACE="marg">Fornica|tion.</NOTE> How this Confe&s;&s;ion &s;hall be ta|ken?</P>
<P><HI>An&s;w.</HI> By this Confe&s;&s;ion in this Act, we do conceive is clearly intended a Confe&s;&s;ion upon an Indictment, or Pre&s;entment onely. And not a Confe&s;|&s;ion al&s;o before any Ju&s;tice, o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Ju&s;tices of the Peace in, or out of a Se&s;&s;ions, without an Indictment, or Pre&s;ent|ment.</P>
<P><HI>Que&s;t.</HI> 32. Where a Statute, &amp;c. is thus penned; That they that &s;hall &s;o offend, &s;hall &s;or&s;elt &s;uch further pains
<PB N="224" REF="117"> and penalties, as by the Ju&s;tices of the Peace, or the more part of them, &s;hall be thought &s;it, not exceeding 40 s. a piece for every offence. As it is in 7 <HI>Iac.</HI> 4. of Bridewell, without any fur|ther addition of Words, of power to convict, or puni&s;h. How this &s;hall be taken? And what the Ju&s;tices may do upon it?</P>
<P><HI>An&s;w.</HI> This Statute is herein very doubtfull; and yet haply, &s;ome u&s;e thereof in order to the puni&s;hment of the offender, may be made by the Ju|&s;tices of the Peace.</P>
<P><HI>Que&s;t.</HI> 33. Where a Statute, &amp;c. giveth to a Ju&s;tice of Peace, power in ca&s;e of an oftence, to examine the mat|ter. And it he &s;u&s;pect the party, to bind him and the Witne&s;&s;es over to the Se&s;&s;ions, or if he refu&s;e to be bound, to &s;end him to the Goal, as in 39 <HI>Eliz.</HI> 11. of Log-wood, and 23 <HI>Eliz.</HI> 10. of High-wayes. <NOTE PLACE="marg">Logwood. High|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ayes.</NOTE> How this &s;hall be taken; and what the Ju&s;tice of Peace may do upon it?</P>
<P><HI>An&s;w.</HI> We conceive in this ca&s;e, he may &s;afely pur&s;ue the words of the Statute. See for this 33 <HI>H.</HI> 8. 6. and Coo. 5. 72.</P>
<P><HI>Que&s;t.</HI> 34 Whether the Clau&s;e in the now Law, touching the Lords Day, <NOTE PLACE="marg">Lords-Day.</NOTE>
<PB N="225" REF="117"> 17 <HI>Septemb.</HI> 1656. that forbids any man to be que&s;tioned for any offence within that Law, do not (as to this) reach to all the former Lawes for &s;o many of the offences therein mentioned, that are again named by this Act?</P>
<P><HI>An&s;w.</HI> We conceive that it doth &s;o; For the words are the&s;e, That no per|&s;on &s;hall be impeached or mole&s;ted for any oftence within this Act, unle&s;&s;e he be thereof convicted, within one Moneth after the offence committed.</P>
<P><HI>Que&s;t.</HI> 35. That where in part of <NOTE PLACE="marg">Wines.</NOTE> the Statute of 7 <HI>Ed.</HI> 6 5. of Wines. It is &s;aid, That men may &s;ell Wine by Retail in a Market-Town, by Licen&s;e of the Ju&s;tices of the Peace. And in ano|ther part thereof it is &s;aid. That no per&s;on &s;hall by retail &s;ell any Wine in his hou&s;e, to be drunk or &s;pent in his own hou&s;e, or other place in his occu|pation, &amp;c. How the&s;e words &s;hall be under&s;tood?</P>
<P><HI>An&s;w.</HI> We take the meaning hereof to be, That none may &s;ell Wine by Retail in his own hou&s;e, by the Li|cen&s;e of the Ju&s;tices of the Peace. Nor at all may he &s;ell, or utter to others of other hou&s;es, in &s;uch a Town, but he mu&s;t be fir&s;t Licen&s;ed by the Ju&s;tices of the Peace.</P>
<PB N="226" REF="118">
<P><HI>Que&s;t.</HI> 36. Where the Act of 17 <HI>Septemb.</HI> 1656. of the Lords Day, doth give power to the Ju&s;tices of the Peace, to make a Warrant under their hands and Seals, to Con&s;tables, Church War|dens, and Over&s;eers of the Poor, to &s;earch for, di&s;cover, &s;ecure, apprehend, and bring before &s;ome Ju&s;tice of the Peace, all &s;uch as they &s;hall find propha|ning the Day, or &s;hall know, or be in|formed <NOTE PLACE="marg">Lords-Day.</NOTE> to have prophaned the day in any of the particulars in the Act mentioned. Or &s;hall have ju&s;t cau&s;e to &s;u&s;pect for the &s;ame. How this Warrant may be <NOTE PLACE="marg">Warrant.</NOTE> made?</P>
<P><HI>An&s;w.</HI> We do conceive in this Ca&s;e. That the Ju&s;tice of Peace may make &s;uch a Warrant, and &s;trictly pur&s;ue the words of the Statute, and ju&s;tify the &s;ame. And yet we conceive an unhap|py u&s;e may he made thereof by the Officer. And the rather for that the Officer may forth with carry the &s;uppo|&s;ed offender to the Ju&s;tice, unle&s;&s;e he will pay the penalty of the Statute. And if &s;o, then mu&s;t he be puni&s;hed be|fore he is convicted. Therefore it is good to be well advi&s;ed in it.</P>
<P><HI>Que&s;t.</HI> 37. Where a power is by an Act, &amp;c. given to the Ju&s;tices of Peace (and it is not &s;aid in any Se&s;&s;ions) to examine a matter, and &s;o to make an
<PB N="227" REF="118"> order in it. As it is in 18 <HI>Eliz.</HI> 3. about provi&s;ion for a Ba&s;tard child. And <NOTE PLACE="marg">Ba&s;tard. Oath.</NOTE> it is not &s;aid it &s;hall be by Oath. Whether this Examination may be by Oath?</P>
<P><HI>An&s;w.</HI> The common practi&s;e is &s;o to do, And we conceive in this ca&s;e, it may be done with, or without an Oath, and the order will be well grounded by the one, or by the other way. But it is good to be well advi&s;ed herein.</P>
<P><HI>Que&s;t.</HI> 38. Where the Ju&s;tice of Peace hath power to convict an offen|der out of the Se&s;&s;ions, upon View, Confe&s;&s;ion, or Oath of Witne&s;&s;e, and he doth &s;o, and the offender be to go to Goal, upon this Conviction. Whether in this Ca&s;e it be needfull for the Ju|&s;tice to make a Record of this in Wri|ting?</P>
<P><HI>An&s;w.</HI> We conceive it is the &s;afest way for the Ju&s;tice of Peace &s;o to do. And yet perhaps it may not be nece&s;&s;a|ry, but in ca&s;es where the Laws do e&s;pecially enjoyn it. As in the Acts of Swearing, a Ryot, and &s;ome O|thers.</P>
<P><HI>Que&s;t.</HI> 39. Whether it be of nece&s;&s;i|ty, in ca&s;e where an oftender is to be convicted by Oath of Witne&s;&s;es, that
<PB N="228" REF="119"> he be pre&s;ent, and to hear his De|fence?</P>
<P><HI>An&s;w.</HI> We conceive it the &s;afe&s;t and be&s;t way &s;o to do.</P>
<P><HI>Que&s;t.</HI> 40. Whether a Ju&s;tice of Peace may bind to the Good-Behavi|our <NOTE PLACE="marg">Ba&s;tard. Good-Be|haviour.</NOTE> the Putative Father of a Ba&s;tard-Child, to th end he may be forth|comming, when he &s;hall be brought in que&s;tion by the Pari&s;h to &s;ecure it?</P>
<P><HI>An&s;w.</HI> We conceive, Yea. But it mu&s;t be by the ordinary way of bin|ding to the Good Behaviour for Incon|tinency, and cannot be otherwi&s;e. And yet &s;omewhat may be &s;aid again&s;t this.</P>
<P><HI>Que&s;t.</HI> 41. What power the Ju&s;ti|ces of the Peace have in or out of the <NOTE PLACE="marg">Con&s;tables</NOTE> Se&s;&s;ions of the Peace to make, or to remove High Con&s;tables of Hundreds, or Con&s;tables of Pari&s;hes?</P>
<P><HI>An&s;w.</HI> Cu&s;tome &s;eemeth now to Warrant this cour&s;e. And there is a nece&s;&s;ity of it, where Lects are gone, or not duly kept, or where in&s;ufficient
<PB N="229" REF="119"> men are cho&s;en therein. And how this may be otherwi&s;e &s;upplyed, except it may be in the Sheriffs Turn, we under|&s;tand not. And yet we conceive, that where the Leets do continue, and they do continue to elect, the Ju&s;tices of the Peace are not to meddle with it at all, But what they do in the making, or removall of the&s;e Offices, it is &s;afe for them to do it in the Quarter-Se&s;&s;i|ons?</P>
<P><HI>Que&s;t.</HI> 42. Whether the Swearer be not to pay for many Oaths &s;worn <NOTE PLACE="marg">Swearing.</NOTE> at one time, &s;o many times the penal|ty of the Statute as he &s;weareth Oaths?</P>
<P><HI>An&s;w.</HI> We conceive not. And yet perhaps if the Oaths be &s;worn in the hearing of a Ju&s;tice of Peace, <NOTE PLACE="marg">Hunting.</NOTE> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">here he mu&s;t pay for every Oath the penalty of the Statute. Otherwi&s;e he is fir&s;t to be convicted of his Oath once &s;worn before he pay the increa&s;e of the penalty.</P>
<P><HI>Que&s;t.</HI> 43. Whether hunting in 2 Coniger that is not a Free War|ren, be within the Statute of 3 <HI>H.</HI> 7. 7.</P>
<PB N="230" REF="120">
<P><HI>An&s;w.</HI> We conceive, Not. For the Statute &s;peaketh onely of Hunting in a Park, Forre&s;t, or Warren.</P>
</DIV3>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<PB REF="120">
<HEAD>The Table.</HEAD>
<LIST>
<HEAD>A.</HEAD>
<ITEM>ABjuration. See Recu&s;ants.</ITEM>
<ITEM>Account. See Officers, Highwayes, Church-wardens. Poor.</ITEM>
<ITEM><HI>Agnus D<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">i.</HI> See Recu&s;ants.</ITEM>
<ITEM>Ale-hou&s;e and Ale-hou&s;e-keepers. See Inne-keepers.</ITEM>
<ITEM>Amercements. See Bayliffs.</ITEM>
<ITEM>Apprentice. See Ma&s;ter and Servant.</ITEM>
<ITEM>Archery. See Sports.</ITEM>
<ITEM>Armed men and Armed, Chap. 3. Sect 1.</ITEM>
<ITEM>Arre&s;t. See Impri&s;onment.</ITEM>
<ITEM>Arti&s;icers and Arts. See Trades.</ITEM>
<ITEM>A&s;&s;e&s;sment. See Rates.</ITEM>
<ITEM>A&s;&s;i&s;e of Bread and Beer. See Brewer, Baker.</ITEM>
</LIST>
<LIST>
<HEAD>B.</HEAD>
<ITEM>BAdger, Drover, Lader, Kidder, Carrier, or Tran&s;portr, of Corn or Cattel. Chap. 4. Numb. 1.</ITEM>
<ITEM>Bayliff. See Sheriff. and in Chap. 4. Numb. 3.</ITEM>
<ITEM>Baile or Bailement. Chap. 3. Sect. 2. 16. Numb. 9.</ITEM>
<ITEM>Hakers. Chap. 4. Numb. 2.</ITEM>
<ITEM>Bargain and Sale. Chap. 3. Sect. 3.</ITEM>
<ITEM>Bark. Chap. 4. Numb. 4.</ITEM>
<ITEM>Barretors. See Behaviour.</ITEM>
<ITEM>Ba&s;tardy, &s;ee Incontinency.</ITEM>
<ITEM>Bawd. See Incontinency.</ITEM>
<PB REF="121">
<ITEM>Beer. See Ale-hou&s;e.</ITEM>
<ITEM>Beggar. See Rogue.</ITEM>
<ITEM>Behaviour, and Surety of the Good Behaviour, Chap. 3. Sect. 4. 6. 8. 9. 27. 41. 42. Numb. 4. Sect. 53. 46. Chap. 7. Sect. 6. Numb. 40.</ITEM>
<ITEM>Bind over. Chap. 3. Sect. 5. 7. 8. 9. 10. 16. Numb. 1. 7. 25.</ITEM>
<ITEM>Bla&s;phemy. Chap. 3. Numb. 6. Chap. 4. Numb. 5. Chap. 7. Sect. 2. 3. 4. 5. Sect. 6. Numb. 24.</ITEM>
<ITEM>Books Popi&s;h. See Recu&s;ant.</ITEM>
<ITEM>Bowes. See Sports.</ITEM>
<ITEM>Brewer. Chap. 4. Numb. 2.</ITEM>
<ITEM>Bride-well. See Correction-hou&s;e.</ITEM>
<ITEM>Bridewell-Ma&s;ter. See Officers.</ITEM>
<ITEM>Bridges. See High-wayes.</ITEM>
<ITEM>Butchers. Chap. 4. Numb. 6.</ITEM>
<ITEM>Butter and Chee&s;e. Chap. 4. Numb. 7, 62.</ITEM>
<ITEM>Butts. See Playes.</ITEM>
</LIST>
<LIST>
<HEAD>C.</HEAD>
<ITEM>CAlves. Chap. 4. Numb. 6.</ITEM>
<ITEM>Captains and Souldiers. Chap. 3. Sect. 1. Ch. 4. Numb. 8.</ITEM>
<ITEM>Cards. See Playes.</ITEM>
<ITEM>Carders. See Cloth.</ITEM>
<ITEM>Carrier. See Lords-Day, Drover.</ITEM>
<ITEM>Cattle. Chap. 4. Sect. 9.</ITEM>
<ITEM><HI>Cerciorari.</HI> See <HI>Habeas Corpus.</HI></ITEM>
<ITEM>Certificate. See Te&s;timonial; and in Chap. 3. Sect. 2, 16. Numb. 8. Sect. 19, 22.</ITEM>
<ITEM>Challenges and Duels. Chap. 3. Sect. 7. Chap. 4. Numb. 10.</ITEM>
<ITEM>Chancell. See Church.</ITEM>
<PB REF="121">
<ITEM>Cheators and Cheating. Chap. 3. Sect. 8. See Behaviour. Chap. 7. Sect. 3.</ITEM>
<ITEM>Chee&s;e. See Butter.</ITEM>
<ITEM><HI>Chep&s;tow-</HI>Bridge. See High-wayes.</ITEM>
<ITEM>Church. Chap. 3. Sect. 9. Chap. 4. Numn. 12.</ITEM>
<ITEM>Church-Wardens. Numb. 3. in Chap. 3. Sect. 9.</ITEM>
<ITEM>Church-Yard, Numb. 2. in Chap. 3. Sect. 9.</ITEM>
<ITEM>Chancel. Chap. 3. Sect. 9. Numb. 2. I&s;le, the &s;ame.</ITEM>
<ITEM>Clerk of the Pari&s;h in Chap. 3. Sect. 9. Numb. 7. Chap. 4. Numb. 45.</ITEM>
<ITEM>Church-Wardens. See Church.</ITEM>
<ITEM>Clerk of the Pari&s;h or Sexton. See Church.</ITEM>
<ITEM>Clerk of the Peace. See Officers.</ITEM>
<ITEM>Clerk of the Market. See Weights and Mea&s;ures, and Officers.</ITEM>
<ITEM>Cloth and Clothiers. Chap. 3. Sect. 10, 33. ch. 4. Numb. 13. chap. 5. Chap. 7. Sect. 4. Numb. 8. Sect. 5. Numb. 1. Chap. 7. Sect. 6. Numb. 12, 19, 20, 24, 33.</ITEM>
<ITEM>Cockmatches. See Playes.</ITEM>
<ITEM>Collectors of the Gaol-money. See Officers.</ITEM>
<ITEM>Commitment. See Impri&s;onment.</ITEM>
<ITEM>Confe&s;&s;ion. See Conviction.</ITEM>
<ITEM>Con&s;ervators of Rivers. See Officers.</ITEM>
<ITEM>Con&s;piracy, Chap. 3. Numb. 6. Chap. 4. Numb. 6. 14.</ITEM>
<ITEM>Con&s;table. Chap. 3. Sect. 11. Chap. 7. Sect. 6. Numb. 41.</ITEM>
<ITEM>Conviction or Hearing. Chap. 7.</ITEM>
<ITEM>Confe&s;&s;ion. Chap. 7.
<LIST>
<ITEM>Examination. Chap. 3. Sect. 16, 19. Chap. 7. Sect. 6. Numb. 14, 15, 16.</ITEM>
<ITEM>Tryal. Chap. 7.</ITEM>
<ITEM>View. Chap. 7.</ITEM>
<PB REF="122">
<ITEM>Witne&s;&s;es, Chap. 7.</ITEM>
<ITEM>Traver&s;e, Chap. 7.</ITEM>
</LIST></ITEM>
<ITEM>Cordwainers, Carriers, Tanners, Leather, &amp;c. Chap. 4. Numb. 11. Chap. 7. Sect. 3.</ITEM>
<ITEM>Corn. See Tran&s;portation; and Chap. 4. Numb. 16.</ITEM>
<ITEM>Coroners. See Officers.</ITEM>
<ITEM><HI>Corpus cum Cau&s;e.</HI> See <HI>Habeas Corpus.</HI></ITEM>
<ITEM>Correction-Hou&s;e, or Bride-well. Chap. 3. Sect. 6. 12. 27. 28. 30. Numb. 8. 9. Sect. 33. Numb. 8 9. Sect. 48. Numb. 6. Sect. 58. Chap. 4. Numb. 16. Chap. 7. Sect. 6. Numb. 19. 20. 32.</ITEM>
<ITEM>Cottages, and In-mates. Chap. 4. Numb. 17.</ITEM>
<ITEM>Counterfeiters of fal&s;e Tokens and Letters, Chap. 3. Sect. 8. Chap. 4. Numb. 18.</ITEM>
<ITEM>County-Court, See Sheriff.</ITEM>
<ITEM>Cro&s;&s;e-Bowes. See Guns.</ITEM>
<ITEM>Cro&s;&s;es. See Super&s;titious Reliques and Recu|&s;ants.</ITEM>
<ITEM>Crowes. Chap. 3. Sect. 16. chap. 4. Numb. 19. Chap. 7. Sect. 6. Numb. 20. 28.</ITEM>
<ITEM>Currier. See Cordwainer.</ITEM>
<ITEM>Cur&s;ing. See Swearing.</ITEM>
</LIST>
<LIST>
<HEAD>D.</HEAD>
<ITEM>DEer. See Hunting.</ITEM>
<ITEM>Directory. Chap. 4. Numb. 20. Sect. 6. Numb. 2.</ITEM>
<ITEM>Doggs. See Hunting.</ITEM>
<ITEM>Drapery. See Cloth.</ITEM>
<ITEM>Drovers. See Badgers.</ITEM>
<ITEM>Drunkards. See Innes, &amp;c.</ITEM>
<ITEM>Duels. See Challenge.</ITEM>
<ITEM>Dyers. See Cloth.</ITEM>
</LIST>
<LIST>
<PB REF="122">
<HEAD>E.</HEAD>
<ITEM>EGyptian. See Rogue.</ITEM>
<ITEM>Errour, and Writ of Errour. See <HI>Habeat Corpus.</HI></ITEM>
<ITEM>E&s;treates. See Sheriffs.</ITEM>
<ITEM>Examination. See Conviction.</ITEM>
<ITEM>Exci&s;e. Chap. 3. Sect. 14. Chap. 7. Sect. 6. Numb. 21, 24, 25, 28.</ITEM>
<ITEM>Exportation. See Tran&s;portation.</ITEM>
<ITEM>Eve&s;-droppers. See Behaviour.</ITEM>
</LIST>
<LIST>
<HEAD>F.</HEAD>
<ITEM>FAirs and Markets. See Lords-Day.</ITEM>
<ITEM>Owners and Rulers of Fairs. See Officers.</ITEM>
<ITEM>Fa&s;ting-dayes, and Fea&s;ting-dayes, and Fi&s;h-dayes, Chap. 3. Sect. 15. Chap. 4. Numb. 21.</ITEM>
<ITEM>Fal&s;e Tokens. See Cheators.</ITEM>
<ITEM>Felony and Felon. Chap. 3. Sect. 2. 4. 16. Chap. 6.</ITEM>
<ITEM>Fea&s;ts or Fea&s;tival-dayes. See Fa&s;ting-dayes.</ITEM>
<ITEM>Fidlers. See Rogues.</ITEM>
<ITEM>Fi&s;hers and Fi&s;h. Chap. 3. Sect. 17. Chap. 4. Numb. 22. Chap. 7.
<LIST>
<ITEM>Cutting off the head of Ponds. Chap. 4. Numb. 22.</ITEM>
</LIST></ITEM>
<ITEM>Fi&s;h-dayes. See Fa&s;ting-dayes.</ITEM>
<ITEM>Flocks, See Cloth and Clothiers.</ITEM>
<ITEM>Forcible Entry. Chap. 3. Sect. 18. Chap. 7.</ITEM>
<ITEM>Forgery. Chap. 4. Numb. 23.</ITEM>
<ITEM>Fore-&s;tallers, Regrators, Ingro&s;&s;ers. Chap. 3. Sect. 3. 28. Chap. 4. Numb. 24.</ITEM>
<ITEM>Fowl. See Hunting.</ITEM>
<PB REF="123">
<ITEM>Fraud and Deceit. See Cheating.</ITEM>
<ITEM>Free-Quarter. Chap. 3. Sect. 19.</ITEM>
<ITEM>Fullers Earth. See Tran&s;portation.</ITEM>
</LIST>
<LIST>
<HEAD>G.</HEAD>
<ITEM>GAoler and Goal, or Pri&s;on, Chap. 3. Sect. 20. See Officers.</ITEM>
<ITEM>Games. See Playes.</ITEM>
<ITEM>Gold&s;mith, Gold, Silver, and Gilding, Chap. 4. Numb. 25. Chap. 7.</ITEM>
<ITEM>Good Behaviour. See Behaviour.</ITEM>
<ITEM>Guns and Cro&s;&s;e-bowes. Chap. 3. Sect. 1, 25. Chap. 4. Numb. 26. Chap. 7.</ITEM>
</LIST>
<LIST>
<HEAD>H.</HEAD>
<ITEM>HAbeas Corpus. Chap. 3. Sect. 21.
<LIST>
<ITEM>Remove a Record.</ITEM>
<ITEM><HI>Cerciorari.</HI></ITEM>
<ITEM><HI>Super&s;edeas.</HI></ITEM>
<ITEM>Writ of Errour.</ITEM>
</LIST></ITEM>
<ITEM>Hay and Oats. See Inne-holder.</ITEM>
<ITEM>Hawking and Hawkes. See Hunting.</ITEM>
<ITEM>Hearing. See Conviction.</ITEM>
<ITEM>Hedge-breakers. See Tre&s;pa&s;&s;es.</ITEM>
<ITEM>Here&s;ie<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> See Bla&s;phemy.</ITEM>
<ITEM>Hide<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> See Butchers and Cordwainers.</ITEM>
<ITEM>High-wayes and Bridges, Chap. 3. Sect. 22. Ch. 4.</ITEM>
<ITEM>Numb. 27. Chap. 7. Sect. 1. Numb. 2. 10.</ITEM>
<ITEM>Sect. 5. Numbi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Chap. 7. Sect. 6. Numb. 10, 33.</ITEM>
<ITEM>Holidayes. See Fa&s;t-dayes.</ITEM>
<ITEM>Honour <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> See. Title of Honour.</ITEM>
<ITEM>Hor&s;es. Chap. 3. Sect. 23. Chap. 4. Numb. 28. Chap. 7. Sect. 6. Numb. 14.</ITEM>
<PB REF="123">
<ITEM>Ho&s;pital. See Poor.</ITEM>
<ITEM>Ho&s;tlers. See Inne-holders.</ITEM>
<ITEM>Hor&s;e-bread. See Inne-holder.</ITEM>
<ITEM>Hue-and Cry. Chap. 3. Sect. 16, 24. Chap. 4. Numb. 29.</ITEM>
<ITEM>Hunters, Hawkers, Fowlers, &amp;c. Chap. 3. Sect. 25. Chap. 4. Numb. 30. Chap. 5. Chip. 7. Sect. 6. Numb. 14, 15, 17, 24, 43.</ITEM>
<ITEM>Humiliation-dayes. See Fa&s;t-dayes.</ITEM>
</LIST>
<LIST>
<HEAD>I.</HEAD>
<ITEM>JE&s;uits. See Recu&s;ants.</ITEM>
<ITEM>Idle-livers. See Rogues.</ITEM>
<ITEM>Impri&s;onments, Arre&s;t or Commitment, Chap, 3. Sect. 26.</ITEM>
<ITEM>Incontinency. Chap. 3. Sect. 27. Ch. 4. Numb. 32. Chap. 7.
<LIST>
<ITEM>Adultery, Chap. 4. Numb. 32.</ITEM>
<ITEM>Ince&s;t. Chap. 4. Numb. 32.</ITEM>
<ITEM>Fornication, Chap. 3. Sect. 27. Numb. 6. Chap. 4. Numb. 32.</ITEM>
<ITEM>Ba&s;tardy, Chap. 3. Sect. 27. Numb. 1. 4. Ch. 4. Numb. 32. Ch. 7. Sect. 6. Numb. 37, 40.</ITEM>
<ITEM>Bawd and Bawdry, Chap. 3. Sect. 27. Numb. 1. Chap. 4. Numb. 32.</ITEM>
</LIST></ITEM>
<ITEM>Informers, Chap. 4. Numb. 33. Inne-keepers or Inn-holders, and Innes, Chap. 3. Sect. 28. Chap. 4. Numb. 34.
<LIST>
<ITEM>Vintners or Taverns, Chap. 4. Numb. 63.</ITEM>
<ITEM>Ale-hou&s;e-keepers and Ale-hou&s;es. Ch. 3. Sect. 28. Chap. 7. Sect. 6. Numb. 19.</ITEM>
<ITEM>Victuallers and Victuals, Chap, 3. Sect. 28.</ITEM>
<ITEM>Hay and Oats, and hor&s;e-bread, Brewers Beer, &amp;c. Chap. 3. Sect. 28.</ITEM>
<PB REF="124">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="124">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="125">
<ITEM>Ho&s;tlers and hor&s;e-bread. For all this, &s;ee chap. 3. Sect. 28. Chap. 4. Numb. 34, Chap. 7. Sect. 1. Numb. 7. Sect. 4. Numb. 7, 8, 10. Sect. 5. Numb. 1, 2, 4. Chap. 7. Sect. 6. Numb. 19, 24, 25.</ITEM>
</LIST></ITEM>
<ITEM>Inmate. See Cottage.</ITEM>
<ITEM>Inordinate per&s;on. See Rogue.</ITEM>
<ITEM>Journeyman. See Servant.</ITEM>
<ITEM>I&s;le of a Church. See Church.</ITEM>
<ITEM>Jury. Chap. 4. Numb. 35.</ITEM>
<ITEM>Ju&s;tices of the Peace. Of their power in general, Chap. 2. and Chap. 6.
<LIST>
<ITEM>Of their power out of Se&s;&s;ions. Chap. 3.</ITEM>
<ITEM>Of their power in the Se&s;&s;ions. Chap. 4. Chap. 7. Sect. 6.</ITEM>
<ITEM>Of their power in or out of the Se&s;&s;ions. Chap. 5. and Chap. 6. Chap. 7. Sect. 6.</ITEM>
<ITEM>Cautions to them. Chap. 3. Sect. 1, 2, 4, 5, 6, 9, 11, 14, 16, 18, 22, 26, 28, 31, 33, 34, 39, 40, 42, 48, 53, 55, 59, 61. Chap. 7. Sect. 6. Numb. 19.</ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>K.</HEAD>
<ITEM>Kine. See Cattel.</ITEM>
</LIST>
<LIST>
<HEAD>L.</HEAD>
<ITEM>LAbourers. See. Ma&s;ters and Trades. And Chap. 3. Sect. 30. Numb. 1. Chap. 7. Sect. 2. Chap. 7. Sect. 6. Numb. 13.</ITEM>
<ITEM>Lader. See Badger.</ITEM>
<ITEM>Leather. See Cordwainer.</ITEM>
<ITEM>Lent. See Fa&s;t-d<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">yes.</ITEM>
<ITEM>Libellers and Slanderers. Chap. 3. Sect. 29. Chap. 4. Numb. 36.</ITEM>
<ITEM>Linnen Cloth. See Cloth.</ITEM>
<PB REF="125">
<ITEM>Licen&s;e. Chap. 3. Sect. 28. Numb. 1. 2. Sect. 30. Chap. 4. Numb. 37.</ITEM>
<ITEM>Logwood. See Cloth.</ITEM>
<ITEM>Loyterer. See Rogue.</ITEM>
<ITEM>Lords-Day. Chap. 3. Sect. 30. Numb. 3. Sect. 31, 34. Chap. 7. Sect. 1. Numb. 2, 3. Sect 4. Numb. 1, 5. Sect. 5. Numb. 1, 2. Chap. 7. Sect. 6. Numb. 19, 24, 26, 34, 36.</ITEM>
</LIST>
<LIST>
<HEAD>M.</HEAD>
<ITEM>MAul&s;ters and Mault. Chap. 3. Sect. 32. Chap. 4. Numb. 38. Chap. 7. Sect. 3.</ITEM>
<ITEM>Mariners. Chap. 3. Sect. 30. Numb. 1. Sect. 42. Numb. 5. Chap. 4. Numb. 39. Chap. 7. Sect. 6. Numb. 19, 27.</ITEM>
<ITEM>Markets. See Fairs.</ITEM>
<ITEM>Ma&s;&s;e. See Recu&s;ant.</ITEM>
<ITEM>Ma&s;ters and Servants. Chap. 3. Sect. 33. Chap. 4.</ITEM>
<ITEM>Numb. 40. Chap. 7. Sect. 6. Numb. 29, 30.</ITEM>
<ITEM>Labourers. Chap. 3. Sect. 33. Chap. 7. Sect. 2. Apprentices. Chap. 3. Sect. 33.</ITEM>
<ITEM>May-Poles. See Playes.</ITEM>
<ITEM>Mea&s;ures See A&s;&s;i&s;e.</ITEM>
<ITEM>Millars. Chap. 4. Numb. 41.</ITEM>
<ITEM>Mini&s;ters. Chap. 3. Sect. 34. Chap. 4. Numb. 42. See Officers.</ITEM>
<ITEM>Mittimus. Chap. 3. Sect. 16. Numb. 7. Sect. 35.</ITEM>
</LIST>
<LIST>
<HEAD>N.</HEAD>
<ITEM>NAme. See Behaviour and Titles A&s;&s;umed. Night-Walkers. Chap. 3. Sect. 36. See Be|haviour.</ITEM>
<ITEM>Nu&s;ances. Chap. 23. Sect. 28. Numb. 2.</ITEM>
</LIST>
<LIST>
<PB REF="126">
<HEAD>O.</HEAD>
<ITEM>OAths. Chap. 3. Sect. 37. Chap. 4. Numb. 43. Chap. 7. Sect. 6. Numb. 37.</ITEM>
<ITEM>Officers. Chap. 3. Sect. 38. Chap. 4. Numb. 44. Account, Chap. 4. Numb. 46. Chap. 3. Sect. 38. Numb. 10.</ITEM>
<ITEM>Opinion. See Bla&s;phemy.</ITEM>
<ITEM>Orchards. See Tre&s;pa&s;&s;es.</ITEM>
<ITEM>Over&s;eers of the Poor. See Poor, and Officers.</ITEM>
<ITEM>Over&s;eers of Cloth. See Officers.</ITEM>
</LIST>
<LIST>
<HEAD>P.</HEAD>
<ITEM>PApi&s;t. See Recu&s;ant.</ITEM>
<ITEM>Parks. See Hunting.</ITEM>
<ITEM>Peace. Chap. 3. Sect. 39. Surety of the Peace.</ITEM>
<ITEM>Pen&s;ions. See Souldiers.</ITEM>
<ITEM>Perjury, Chap. 4. Numb. 48.</ITEM>
<ITEM>Pictures. See Super&s;titious Reliques.</ITEM>
<ITEM>Playes. Chap. 3. Sect. 40. Chap. 4. Numb. 49.
<LIST>
<ITEM>Chap. 7. Sect. 6. Numb. 26.</ITEM>
<ITEM>Stage-Playes. Numb. 40.</ITEM>
<ITEM>May-Poles. Numb. 5.</ITEM>
<ITEM>Cock-Matches, Numb. 6.</ITEM>
<ITEM>Cards, Tables, Dice. Numb. 12.</ITEM>
<ITEM>Butts, Numb. 4.</ITEM>
<ITEM>Archery and Bowes, Numb. 4.</ITEM>
</LIST></ITEM>
<ITEM>Plague, Chap. 3. Sect. 41.</ITEM>
<ITEM>Poor. Chap. 3. Sect. 30, 38, 42. Chap. 4. Numb. 50 Chap. 7. Sect. 6. Numb. 19, 27. Mariners. Chap. 3. Sect. 38. Ho&s;pital. Chap. 3.</ITEM>
<ITEM><HI>Po&s;&s;e Comitatus.</HI> Chap. 3. Sect. 40, 46.</ITEM>
<PB REF="126">
<ITEM>Preachers. See Mini&s;ters.</ITEM>
<ITEM>Prie&s;t-Popi&s;h. See Recu&s;ant.</ITEM>
<ITEM>Pri&s;on. See Gaol.</ITEM>
<ITEM>Prophecies, Chap. 4. Numb. 51. Chap. 7.</ITEM>
</LIST>
<LIST>
<HEAD>Q.</HEAD>
<ITEM>Quarrellers. Chap. 4. Numb. 10.</ITEM>
</LIST>
<LIST>
<HEAD>R.</HEAD>
<ITEM>RAtes or A&s;&s;e&s;sments, Chap. 3. Sect. 41, 43, 47. Chap. 4. Numb. 50, 52. Chap. 5.</ITEM>
<ITEM>Receivers. See Collectors.</ITEM>
<ITEM>Recogni&s;ances. Chap. 3. Sect. 44. Chap. 4. Numb. 53.</ITEM>
<ITEM>Regrators. See Fore-&s;tallers.</ITEM>
<ITEM>Recu&s;ant. Chap. 3. Sect. 45. Chap. 4. Numb. 54.</ITEM>
<ITEM>Religion. See Service of God.</ITEM>
<ITEM>Reliques. See Super&s;titious Reliques.</ITEM>
<ITEM>Remove of Pri&s;oners and Cau&s;es. See <HI>Habeas Corpus.</HI></ITEM>
<ITEM>Re&s;tit<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">tion. Chap. 4. Numb. 55.</ITEM>
<ITEM>Riot, Rout, &amp;c. Chap. 3. Sect. 46. Chap. 4. Numb. 56.</ITEM>
<ITEM>Robbery. Chap. 3. Sect. 47. Chap. 7. Sect. 6. Numb. 21.</ITEM>
<ITEM>Rogue. Chap. 3. Sect. 40. Numb. 40. Sect. 41. Sect. 48. Chap. 4. Numb. 57. Chap. 7. Sect. 3. Numb. 9.
<LIST>
<ITEM>Idle-fellow, or Loyterer, Chap. 3. Sect. 48. Numb. 8. Chap. 4. Numb. 31.</ITEM>
<ITEM>Beggar, Chap. 3. Sect. 48.</ITEM>
<ITEM>Vageant, Wanderer, or Vagabond. Ch. 3. Sect. 43.</ITEM>
<ITEM>Fidler. Chap. 3. Sect. 48.</ITEM>
<ITEM>Egyptian. Chap. 3. Sect. 48.</ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<PB REF="127">
<HEAD>S.</HEAD>
<ITEM>SAbbath. See Lords-Day.</ITEM>
<ITEM>Searcher of Leather. See Officers.</ITEM>
<ITEM>Search. See Felony.</ITEM>
<ITEM>Service of God. Chap. 4. Numb. 20, 42, 58.</ITEM>
<ITEM>Servants. See Ma&s;ters.</ITEM>
<ITEM>Se&s;&s;ions. See Ju&s;tices of Peace.</ITEM>
<ITEM>Sewers. Chap. 3. Sect. 49.</ITEM>
<ITEM>Sexton. See Clerk of a Pari&s;h.</ITEM>
<ITEM>Sheriffs. Chap. 3. Sect. 1. Sect. 50. Chap. 7. Sect. 3. Chap. 7. Sect. 6. Numb. 14.</ITEM>
<ITEM>Sheep. See Cattle.</ITEM>
<ITEM>Shoomaker. See Cordwainer.</ITEM>
<ITEM>Shooting. See Guns.</ITEM>
<ITEM>Silver. See Gold.</ITEM>
<ITEM>Slanderer. See Libeller.</ITEM>
<ITEM>Souldiers. Chap. 3. Sect. 1. Chap. 4. Numb. 8. Sect. 42. Numb. 5. Chap. 7. Sect. 5. Chap. 7. Sect. 6. Numb. 19, 25.
<LIST>
<ITEM>Pen&s;ions. Chap. 4. Numb. 47.</ITEM>
</LIST></ITEM>
<ITEM>Spinners and Carders. See Cloth.</ITEM>
<ITEM>Sports. See Playes.</ITEM>
<ITEM>Statutes expounded. Chap. 7. Sect. 6.</ITEM>
<ITEM>Stock of the County. See Trea&s;urers.</ITEM>
<ITEM>Stollen Hor&s;es. See Hor&s;es.</ITEM>
<ITEM>Stollen goods. See Re&s;titution.</ITEM>
<ITEM>Super&s;edeas. See Habeas Corpus.</ITEM>
<ITEM>Supplicavit. Chap. 3. Sect. 51.</ITEM>
<ITEM>Super&s;titious Reliques. Chap. 5. Sect. 52.</ITEM>
<ITEM>Surety of the Peace and good Behaviour. See Peace and Behaviour.</ITEM>
<ITEM>Surveyors of the High-wayes. See High-wayes.</ITEM>
<ITEM>Swearing and Cur&s;ing. Chap. 3. Sect. 53. Chap. 7.</ITEM>
<ITEM>Sect. 6. Numb. 18, 25, 26, 42.</ITEM>
</LIST>
<LIST>
<PB REF="127">
<HEAD>T.</HEAD>
<ITEM>TAnners. See Cordwainers.</ITEM>
<ITEM>Taverner and Taverns, See Inne-keepers.</ITEM>
<ITEM>Taxation. See Rates.</ITEM>
<ITEM>Tenters for Cloth. See Cloth.</ITEM>
<ITEM>Te&s;timonial or Certificate. Chap. 3. Sect. 30. Numb. 1. Sect. 54.</ITEM>
<ITEM>Tile and Tile-makers. Chap. 4 Numb. 59. Chap. 7. Sect. 3.</ITEM>
<ITEM>Tipling. See Alehou&s;es.</ITEM>
<ITEM>Tithes. Chap. 3. Sect. 55.</ITEM>
<ITEM>Titles of Honour a&s;&s;umed. Chap. 3. Sect. 56. Chap. 4. Numb. 60. Ch. 7. Sect. 6. Numb. 21, 25.</ITEM>
<ITEM>Tokens counterfeit. See Cheators.</ITEM>
<ITEM>Trades and Arts. Trade&s;men, and Artificeas andLabourers, Chap. 4. Numb. 61.</ITEM>
<ITEM>Tran&s;portation of Cattel, Corn or Victuals. Ch. 3.</ITEM>
<ITEM>Sect. 57. Chap. 4. Numb. 62.</ITEM>
<ITEM>Traver&s;e. See Conviction.</ITEM>
<ITEM>Trea&s;on. Chap. 6.</ITEM>
<ITEM>Trea&s;urers. See Officers.</ITEM>
<ITEM>Tre&s;pa&s;&s;es, by cutting Corn, robbing Orchards, &amp;c. Chap. 3. Sect. 58.</ITEM>
<ITEM>Tryall. See Conviction.</ITEM>
</LIST>
<LIST>
<HEAD>V.</HEAD>
<ITEM>VAgabond or Vagrant. See Rogue.</ITEM>
<ITEM>Victuallers and Victuals. Chap. 4. Numb. 64. Chap. 7.</ITEM>
<ITEM>View. See Conviction.</ITEM>
<ITEM>Vintners. See Inne-keepers.</ITEM>
<ITEM>Under-Sheriff. See Sheriff.</ITEM>
<PB REF="128">
<ITEM>Unlawfull Games. See Playes.</ITEM>
<ITEM>U&s;ury. Chap. 4. Numb. 65.</ITEM>
</LIST>
<LIST>
<HEAD>W.</HEAD>
<ITEM>WAies. See High-wales.</ITEM>
<ITEM>Warrens. See Hunting.</ITEM>
<ITEM>Warrants. Chap. 3. Sect. 16. Sect. 59. Chap. 7<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Sect. 6. Numb. 36.</ITEM>
<ITEM>Watch and Ward. Chap. 3. Sect. 60.</ITEM>
<ITEM>Watchmen. See Officers.</ITEM>
<ITEM>Weavers. See Cloth.</ITEM>
<ITEM>Weights and Mea&s;ures. Chap. 3. Sect. 61. Ch. 4. Numb. 67. Chap. 7. Sect. 3.</ITEM>
<ITEM>Widowes and Orphanes of Souldiers. See Poor.</ITEM>
<ITEM>Wine. Chap. 4. Numb. 66. Chap. 7. Sect. 2. Chap. 7. Sect. 6. Numb. 34.</ITEM>
<ITEM>Wooll. See Cloth.</ITEM>
<ITEM>Wood. Chap. 3. Sect., 62.</ITEM>
</LIST>
<LIST>
<HEAD>Y.</HEAD>
<ITEM>Yarn. See Cloth.</ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
