THE Justice of Peace His CLERK'S CABINET: OR, A Book of Precedents, or Warrants, fitted and made ready to his hand for every Case that may happen within the compass of his Masters Office. FOR The ease of the Justice of Peace, and more speedy dispatch of Justice. By WILLIAM SHEPHARD Esquire. LONDON: Printed by D. Maxwell, for William Lee, Daniel Pakeman, and Gabriel Bedell, and are to be sold at their Shops in Fleetstreet. 1660. The REASON Of the Printing of this BOOK. WHen we laid down and gave you the learning of the Office of the Justice of the Peace without Warrants, we shown you what they might do: but did not show you how they might do it: By the want whereof it hath been found, in our own and other men's experience, that Justice hath been sometimes hindered; for the Justice of the Peace, well knowing the danger of sending abroad a Warrant not warranted by the Law, both to himself, and the inferior Officer that shall execute it, and not having a safe Warrant in readiness, he hath not (especially in a case not common) thought it safe to trust his Clerk herein, and ofttimes by this means the offender hath escaped. We have been therefore much pressed to make a supply herein, and did purpose to have done it in the next Edition of the Office of the Justice of Peace, which (if God will) may ere long with many additions and alterations be dispatched, but that it would then have made the Book too big. Wherefore we have thought it best to let the Reader have them asunder, that they may be fit Pocketbooks for the Master and his Man, as they please. We know that something hath been done of this subject before by others, But by that time it hath been seen what we have done, we are well assured it will be said, That which we have done herein was not without need, and will be very pleasing and profitable to the Justice of Peace his Clerk, and his Master also: and will be well accepted of all men. The TABLE A. Alehouses and Drunkards. Warrants about them. Chap. 10. Mittimus concerning this, Chap. 21. Numb. 6. Apprentices. See Poor, Master and Servants, in Chap. 11. B. Bailment and Mainprize, See Recognizances. Bastard, See Poor. Behaviour. Warrants of the good Behaviour, Chap. 7. Numb. 2. See Mittimus for it, in Chap. 21. Numb. 3. See Recognizances for it, in Chap. 20. Numb. 14. Bind over. Warrants to bring in to bind over, Chap. 18. Bridges, See High ways. C. Certificate. Some Precedents for it, Chap. 2●. Constables. Warrants for making new Constables. Chap. 16. F. Felony. Warrants concerning this. Chap. 4. Mittimus concerning this. Chap. 21. Numb. 1. Supersedeas, in Chap. 22. In Recognisance, Chap. 20. Numb. 8. Forcible Entry. Warrants in it. Chap. 5. H. Highways. Warrants about it. Chap. 17. I. Indentures for Apprentices, See Poor. Chap. 6. Numb. 11. Indictments. Chap. 26. L. Liberate, Precedents for it, Chap. 23. Licence, Precedents for it, Chap. 24. Lord's Day: Warrants about this, Chap. 3. M. Masters, Servants, Labourers and Apprentices: Warrants concerning these, Chap. 11. Misdemeanour. A general Warrant for Misdemeanour. See it in Chap. 19 Numb. 1, 3. Mittimus, Some Rules for, and some Precedents of it. Chap. 21. Forcible Entry. Chap. 5. O. Orchard: Warrant for Robbing Orchards, in Chap. 19 Numb. 2. P. Peace, Warrants concerning it, and against Tumults. Chap. 2. A Warrant of the Peace. Chap. 7. In supersedeas. Chap. 21. Numb. 2. See in Recognizances, Chap. 20. Numb. 1, 3. Plague, Warrants about it. Chap. 15. Poor, Warrants concerning this. Chap. 6. Prisoner, Warrant to sell his own goods, to pay the charge to carry him to Gaol. Chap. 13. R. Rates: Warrants to make Rates. Chap. 12. Riot, Warrants about it. Chap. 5. Rogues, Warrants concerning them. Chap. 13. Mittimus concerning them. Chap. 21. Numb. 8. Recognisance and Bailment, the Rules of it, and Precedents for it. Chap. 20. S. Sabbath, See Lords Day. Supersedeas. Chap. 22. T. Testimonial, See Licence Trespass. Warrant for small Trespasses, in Orchards, Hedges, Woods. See it in Chap. 19 Numb. 2. W. Warrants in general. Chap. 1. About Felony. Chap. 4. About the Poor. Chap. 6. About a Riot. Chap. 5. About a forcible Entry. Chap. 5. About the public Peace. Chap. 2. About a Bastard. Chap. 6. Numb. 4. About Alehouses. Chap. 10. To sell the Goods of a Prisoner. Chap. 13. About Masters, Servants and Apprentices. Chap. 11. About Rates. Chap. 12. For good Behaviour, and Peace. Chap. 7. About Highways, and Bridges. Chap. 17. About making Constables. Chap. 16. About the Lord's Day. Chap. 3. For Misdemeanour. Chap. 19 Num. 1. About the Plague. Chap. 15. For robbing Orchards. Chap. 19 About Rogues. Chap. 14. Weights and Measures, Warrants about it. Chap. 19 Numb. 5. Watch and Ward, Warrants about it. Chap. 9 Witnesses, Warrants to call them in. Chap. 8. Recognizances to bind them. Chap. 20. Numb. 2, 3. Wood Warrants for stealing Wood See it in Chap. 19 Numb. 2. CHAP. I. Of a Warrant and Order of the Justices of the Peace in general. A Warrant of the Justice of Peace is his Command What it is. to an inferior Officer to do something belonging to his Office. And this in some special cases may be good by word of mouth without writing. But of this we speak not here. Or it may be and must be in most cases in writing. And herein these Rules and Advises are to be observed and heeded. 1. The Justice is to take care to pen his Warrant Rules concerning it. plain and clear, and not ambiguous and doubtful, so that the Officer must be forced to inquire what may be his meaning by his words. 2. Let the Warrant be complete when the Justice of Peace doth put his hand to it; for it is dangerous to let it go with blanks, and give other men leave to fill it up. 3. The stile of his Warrant, it may be in the name of the King's Majesty, thus, Charles the Second, by the Grace of God, etc. with the Teste under the name of the Justice that makes it (which is not usual) or it may be styled and made in the name of the Justice of Peace, thus. W. S. Esquire, one of the Justices, etc. and this is the usual form. Or it may be made without any stile, only under the Tes●e of the Justice of Peace, thus, Complaint being made to me, etc. These are, etc. Witness the said W. S. etc. Or it may be without any Teste of the Justice of Peace, being subscribed by him, and sealed where sealing is necessary. 4. We do not conceive it necessary to use these words in the Warrant, These are (in the name of the King's Majesty) to require: but it is sufficient to say, These are to require you: howbeit the Warrant doth carry the more majesty in it, when th●se words are used in it. 5. The Title of direction may be either above the Warrant, thus, To the Constable of Dale: o● in the body of the Warrant, thus, W. S. Esquire, etc. to the Constable of Dale. Whereas, etc. 6. The Warrant may be directed to any Officer, as the Sheriff, his Bailiffs, Constables, Tything-men, or to others that are no Officers, thus, To the Sheriff of the County of G. or to the Bailiff Itinerant of the County of G. or to the Bailiff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale, or to the Tythingman of Dale; as the Officer there is called, if it can be known. Otherwise, the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them. Or it may be directed to all these Officers together, to the Sheriff, and to all Bailiffs, High-constables of Hundreds, and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally. Or it may be directed to these Officers and to others that are no Officers together. Or to them that are no Officers alone, thus. To I S. and W S. both of Dale in the County of Glouc. and to either of them. But this must be understood of Warrants of the Peace, good Behaviour, and such like Warrants, wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will: For if the Law doth direct him to whom he must send his Warrant, as divers Acts of Parliament do; some of them appointing him to direct his Warrant to the Constables, some to the Constables and Churchwardens, some to the Churchwardens, some to the Constables or Churchwardens, some to the Churchwardens and Overseers of the Poor; He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually; for it is dangerous to vary from it ever so little: And therefore the Title set down in the Precedents for the Warrants must be followed, and not altered. And when the Title of direction is to more than one, there it is good to add these words, [And to every of them] and to say in the body of the Warrant, These are to authorise and require you, and every of you. But the best way is, to direct it to the common and known Officer, which is the High-Constable of the Hundred, or Constable of the Town, in all cases where it is left to the Justice of Peace to direct it to whom he please. 7. The word [greeting] To I S. etc. Greeting, used in Warrants, may be left out: so may these words of Addition, To the Justices of our Lord the King, assigned to keep the Peace, and to hear and determine Felonies, etc. and it is enough to say, Justices of the Peace of (or within) the County of Gloucester. 8. It is not amiss to say the place wherein the Officer dwells to whom the Warrant is directed is within the County. To the Constable of Dale within the County of Gloucester. And so of other places named within the Warrant, to say they are within the same County. 9 It is not amiss, if the Warrant recite a Conviction of an offence, to let it express where the offence was done, thus; I S. being convict before me that he was drunk (at Dale in this County;) because in many cases the forfeiture is given to the poor of the place where the offence is done. 10. It is good also now to express the time when the offence was committed, thus; I S. being duly convict before me that he was drunk at Dale in this County (the first day of May last) or within three month's last passed, or since the first of May last past, that it may appear the offence was done since the general Pardon: and in some cases this is, if not necessary, yet very convenient, when the offence is by the Law to be punished within a certain time, or not at all, there it is good to say that the offence was done within that time. 11. It is good also to express the place of the making of the Warrant, and it must be some place within the County, thus; Dated at Dale, given under my Hand and Seal at Dale in the same County. But if it say it was dated at one place, and be dated at another place, yet the Warrant is good, and it shall be taken to be dated where the Warrant doth say it was dated. 12. The day and year also, being the time of the making of the same Warrant, must be expressed in the Warrant. 13. The Warrant (being a Warrant of Arrest) may be to require the Officer to bring the offender before the Justice that makes the Warrant, or before him or some other Justice of the County; and either of these forms is good: but the best form is, to require the Officer to bring him before the Justice of Peace himself that made the Warrant. 14. In every Warrant for the Peace, or good Behaviour, where Sureties are to be found or required, the Warrant ought to contain the special cause or matter, to the intent that the party arrested may be provided with Sureties. But if it be for some great crime, the cause may be concealed. 15. In every Warrant to command an Officer to carry a man to Goal, it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him, to this purpose. That you him convey to the common Gaol of this County, and him deliver to the Gaoler or his Deputy there, who are hereby required him to receive and detain in their custody as a Prisoner, until he shall be from thence delivered by a due course of Law. 16. There is a necessity in it, that the Justice of Peace do subscribe his name to his Warrant. But that he should put to his Seal in every case, is not needful; for in a Warrant of the Peace, or good Behaviour it is not needful, nor where an Act of Parliament saith, That the Justice by Warrant (or by Warrant under his hand) may do such a thing. But if the Law say, He may or shall do it by Warrant under his Hand and Seal, there the Warrant must be under his Hand and Seal, or it is not good. And therefore heed must be given to our Precedents herein, where we say, Given under our Hands and Seals; and in those cases the Justice must put his Hand and Seal to the Warrant, or it is not well done. And for this cause we do advise the Justice to put his Seal to every Warrant. 17. There is little difference between a Warrant of Commitment, and a Mittimus; for both are to do one thing, and they differ a little only in the form. It will be easy therefore to make one of them by the other. 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence, in cases where there is no special power or direction given by the Statute so to do. But we dare not advise men so to do, being unsatisfied of the lawfulness thereof. But we agree it to be clear and safe, that after the offender is indicted of the offence, and the Bill found, or after the offence found by Presentment of the grand Jury, to be bound over to the next Quarter Sessions to answer it, and also to put in Sureties for his good Behaviour in the mean time, if the offence for which he is indicted will warrant it. As if he be indicted for selling Ale, contrary to the Justice's order, or the like. So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions, as the Statute of 5 Eliz. 4. touching Masters and Apprentices; the Law of 23 Eliz. 10. touching Hawking in eared or codded corn; 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do. In these cases they may bind them over before Indictment. But than it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter; and than if he appear, and he see no cause to forbear to bind him over, to do it. And if he do not appear, than he may send for him, and bind him over, and bind him to the good Behaviour also for his contempt. For which there are Precedents prepared amongst the Precedents set down in this Book. 19 Where a Statute doth give power to a Justice of Peace to compel men to do any thing, in order hereunto he may send his Warrant to require them to come before him, and in case of their refusal, proceed in the law. 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions, either to compel appearance or attendance there, or execution of any thing there done, under their own Hands, if they please; or they may let it be done by the Clerk of the Peace, as the business of the Quarter-Sessions is done. 21. What may be done by the Warrant of one Justice of the Peace alone, may be known by the penning of the Precedent; for if it be penned to be made by one Justice, (as, W S. etc. Whereas it hath been proved before me, etc.) than you may be sure that one Justice of Peace alone may do the thing contained in the Warrant. And where two are named, there in most of the cases two are necessary. 22. The same Precedent that serves upon a conviction by witness, will serve upon a conviction by view or hearing. For I S. being lawfully convicted before me, is appliable to either, and will serve to both. 23. It is a good close of every Warrant sent to an Officer, to require him to give an account how he hath executed it, after this wise. And that you be then there with this Precept to give us an account of your execution of it. Or thus; And that you give me an account within fourteen days next following, of your execution of my Warrat. 24. Where a Statute is penned thus, That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act, in this case we conceive the Justice may justify the making of that Warrant. 1. Warrants and Precedents which concern the exercise of the Office of a Justice of Peace out of the General Sessions, are of several sorts, viz. They concern either Treasons, Felonies, Misprisions, Praemunires, forcible Entries, forcible Detainers, Riots, Routs, and unlawful Assemblies, Security of the Peace, and good Behaviour, or other misdemeanours or offences of several sorts. 2. As concerning Treasons and Felonies, upon Information made of any Treason or Felony committed, any one Justice of Peace may direct his Warrant to the Sheriff, or to the High-Constables, or Petty Constables, or to all or any of them, to make search for the Traitors or Felons, and also for the stolen goods. A Warrant to apprehend a Traitor may be thus. A B. Esquire, one of his Majesty's Justices of Peace within the County of E. To the Sheriff of Comitat. Essex. the said County, and to all High-Constables, Petty-Constables, and other his Majesty's Officers, Greeting, etc. Whereas M N. and S T. are vehemently suspected to have committed Treason, whereof I have received Information: These are therefore in His Majesty's Name straight to charge and command you, and every of you, upon sight hereof, without any delay, within your several Bailiwicks, Hundreds, and Constablewicks', to make diligent search for the bodies of the said M N. and S T. and them or either of them so found, to arrest and attach, and immediately upon such arrest, to bring before me at my house at D. in the said County, whereof you may not fail at your peril. Sealed with my Seal, and dated the first day of J. in the twelfth year of the Reign of our Sovereign Lord King Charles the Second, etc. The like Warrant may be made for the apprehension of Felons, mutatis mutandis. When any such Traitors or Felons shall be so arrested and brought before the Justice of Peace, the Justice must take the Examination of the Traitors or Felons in writing, but not upon Oath, and must examine them upon all circumstances whereof he shall receive Information from the Accusers, and upon such other circumstances as he in his own discretion shall think fit, for the discovery of the Treason or Felony. The form of the Examination may be thus. The Examination of A B. etc. taken before me C D. one of his Majesty's Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Sovereign Lord Charles the Second by the Grace of God King, etc. The said Examinate being duly examined, saith, etc. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him. This being done, the Justice of Peace must take the Examination of the Accusers, and such other as can give any Evidence material against the prisoner; and their Examinations must be taken in writing severally, and that upon Oath. The form whereof may be thus. The Examination of D E. taken before me G H. Esquire, one of his Majesty's Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of, etc. This Examinate being duly sworn upon the holy Evangelists, and examined upon his Oath, saith, etc. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony. This being done, the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol, several forms whereof you may see towards the end of this Book. A Warrant for the bringing forth of Corn in the time of dearth. To the Churchwardens and Overseers of the Poor of D. and to every of them. Whereas we have lately received Letters from the Lords of his Majesty's most Honourable Privy Council, commanding us thereby in his Majesty's Name, to cause a diligent and exact survey to be taken of all the Corn and Grain within this Hundred; now for so much as they whose names are here under-written, are presented to us, by such as have enquired thereof, to have Corn to spare more than is needful for the maintenance of their Families: These are therefore to command you, to summon and warn all the said parties to be and appear before us at M. the 16th. of this instant July, by one of the clock in the afternoon of the same day, there to receive such further directions as then and there shall be given them in charge, according to such Orders as are appointed by his Majesty to be straight observed in that behalf. Hereof fail you not at your peril. Dated at P. this 10th. of July, in the twelfth year of the Reign of our Sovereign Lord Charles, etc. Anno Dom. _____ To all Constables, Bailiffs, and other his Majesty's Officers within the Hundred of M. and to every of them. Sussolk ss. A Licence to beg. A C. and L B. Esquires, two of his Majesty's Justices of the Peace within the County aforesaid assigned, Greeting. Whereas the Bearer hereof, T W. of E. in the County aforesaid, being a very poor man, and blind, by reason whereof he is not able to labour, nor get to live of himself, without charitable relief of others, and being now resident in the same Town, is therefore to be relieved; and being likewise informed, that the Town is at this present charged with more poor and impotent folk than it is able to relieve: Know you therefore, that We the said Justices have licenced and allowed the said poor man and his leader to go abroad and beg, gather and receive the charitable Alms of well-disposed people, inhabiting and dwelling within the said Hundred of M. in the said County, requiring you not to molest or trouble the said poor man or his leader for so doing; but desiring you rather to relieve him and his leader in their necessity, as to you shall seem meet. This our Licence to remain in force one whole year next ensuing the date hereof, and no longer. In Witness whereof We have hereunto set our Hands and Seals, the of, etc. A Passport. Sussex ss. T P. Esquire, one of his Majesty's Justices of Peace in the County aforesaid; To all Constables, Bailiffs, and other of his Majesty's Officers of the same County, and to every of them, Greeting. For as much as the Bearer hereof E D. being brought into great poverty and necessity, hath desire to travel unto the City of C. in the County of where he saith he was born, and hath some friends yet living, by whose means he hopeth greatly to be relieved and helped; in consideration whereof, Know you, That I the said T P. have licenced the same E D. to travel and pass the direct way from L. unto the said City of C. so that his journey be not of longer or further continuance than thirty days next after the date hereof, praying you, and every of you, to permit, and also to aid and relieve the said E D. in his journey, so that he show himself in no respect offensive to his Majesty's Laws. In Witness whereof I have, etc. Note, That in Passports it is necessary there be a description of the parry, lest that he make any other partaker of the use of his Passport; unless he be a Rogue, for he always remains in the Constable's hands. See the Statute of 39 Elizabethae cap. 4. To the Constables of B. their Deputies, or either of them. These are to will and require you, and in his Majesty's Name straight to charge and command you, that presently upon the receipt hereof, you bring before the next Justice of Peace unto your Town, the bodies of these persons hereunder named, to give an account for their refusing such Apprentices as were appointed unto them heretofore by his Majesty's Justices; or else to stand to such Order as shall be agreeable to Law, and his Majesty's pleasure declared therein. Herein fail you not, as you will answer the contrary. Given under our Hands this present day, being the third day of June, 1660. The form of a Warrant to enlarge a Prisoner that is bailed, may be thus. Middles. ss. A B. and C D. two of his Majesty's Justices of Peace in the said County, To the Keeper of his Majesty's Gaol there, Greeting. For as much as L M. of, etc. Bricklayer, hath before Us found sufficient mainprize to appear before the Justices of the Goal-delivery at the next general Gaol-delivery to be holden in the said County, there to answer to such things as shall be then on the behalf of our said Sovereign Lord objected against him, and namely, to the felonious taking of two Kine of the goods of I S. for the suspicion whereof he was taken and committed to the said Gaol: We command you on the behalf of our said Sovereign Lord, that if the said L M. do remain in your custody for the said cause, and for none other, than you forbear to grieve or retain him any longer, but that you deliver him thence, and suffer him to go at large; whereof you may not fail at your peril. Given under our Seals the day of, etc. CHAP. II. About the Peace. Glouc. ss. To raise the Power of the County. W S. and A B. Esquires, two of the Justices of the Peace within the County of Gloucest. Or thus, largely, W S. and A B. Esquires, two of the Justices of the Peace of our Sovereign Lord the King's Majesty, assigned for the keeping of the Peace, and hearing and determining of divers Felonies within the County of Gloucest, to the High Sheriff of the same County, and to all High-Constables, Petit-Constables, and other Ministers and Officers appointed to keep the Peace of the same County, Greeting. It being given us to understand, that divers evil doers and disturbers of the public Peace of this Commonwealth are assembled together in conventicles, and being armed, and in a warlike posture, are together in and about W. in this County, where they do riotously and forcibly enter into the houses, and take away the goods and of divers of the peaceable people of the Country, and where they have made a manifest commotion, and committed divers other Felonies and other outrages, to the terror of the good people thereabouts, the hazard of the whole Kingdom, in contempt of our Lord the King, and against the form of the Laws in that case provided; Therefore you, and every of you, the said Sheriff, High-Constables, and Petit-Constables, are hereby straight charged, so long as the same commotion and danger shall continue, to take especial care of the Peace of the County within your several Precincts; and in order thereunto, to keep a strong watch by night, and a good ward by day, and to apprehend all the breakers thereof. And you the said Sheriff are hereby by us commanded and authorized to come yourself unto us armed, and to bring with you an hundred able men, and armed men, to Dale in this County, on the first day of February next, to assist us in the suppressing of the same commotion, and in keeping of the Peace. And all other persons are hereby commanded to be obedient to you the said Sheriff, and the said Constables therein at their peril. And hereof you are not any of you to fail at your peril. Given under our Hands and Seals at S. within the same County, the first day of _____ Observations upon this first Warrant. 1. The Style and Teste of all the Warrants that do follow, may be after the same manner as this is. 2. A Warrant may be sent to the High-Constables, to cause so many armed men to come armed to such a place from every Hundred, and so an Army may be had; and these the Justices may lead or send any any where in the County to make o● keep the Peace. And by this Warrant you may know how to make such a Warrant. Glouc. ss. To command the keeping of the Peace. W S. and F B. Esquires, etc. To the Sheriff of the same County, and to all High-Constables and Petit-Constables, and other Ministers and Officers appointed to keep the Peace within the same County, Greeting. Whereas we are informed, that there is a great meeting appointed to be had at D. within this County, upon the first day of May next, under pretence of a Fair then and there to be kept, (or under pretence of a to be there had) (or under pretence of a Race to be there run) when and where, by occasion or under colour thereof, it is suspected there may be some notorious breach of the Peace, by a Fray, Riot, Insurrection, or otherwise: For the preventing whereof, and the keeping of the Peace, These are to authorise and require you, and every of you, that you, calling to your assistance and aid such a number of persons as you shall think fit, all which persons are by us required to assist you, and that you be then there provided during the same meeting, and by all the lawful ways and means you can, see that the public Peace be kept and preserved, and the breakers and disturbers thereof punished. And hereof, and to give us an account of your do herein, within fourteen days after the same day be past, you are not to fail at your peril. Given, etc. Observations upon this Warrant. What ever the Justices of the Peace may do, or the Sheriff or Constables ought to do in order to the keeping of the Peace, the Justices may by such a Warrant as this is command them to do. CHAP. III. About the Lord's day. 1 Glouc. ss. Against merry meetings. W S. Esquire, etc. To the Constables and Tythingmen of Dale within this County, and every of them, (or it may be directed to the Churchwardens of Dale,) Whereas the persons undernamed, all of your Parish of Dale, within this County, have been lawfully convict before me, that they, the first day of May last past, being the Lord's day, Either of these are sufficient. (so that they upon a Lord's day within a month past.) did cause, or maintain, or keep an assembly, meeting, This Warrant is grounded upon the Stat. of 1 Car. 1. or concourse at Sale in this County, being out of their own Parish, for sports and pastimes, viz. for Football, and for Wrestling, (or caused an assembly, meeting and concourse of people, and were present at it, or caused an assembly, meeting and concourse of people, without the other words,) for a Bear-baiting, or for a Bull-baiting, or for a common Play, or for Cards and Dice, or for Dicing, as the case is, contrary to the Act of Parliament in that case provided. By which either of them hath forfeited three shillings and four pence a piece for the use of the poor of your Parish, to be levied by the Constables or Churchwardens by distress and sale of the goods of the offender, and in default of distress, to be put in the Stocks three hours, These are therefore to authorise and require you, forthwith to levy the same sum of three shillings four pence of every of the said named persons, and of their goods respectively, by distress and sale thereof, rendering to them the overplus. And in case of lack of distress, that then you see that the same person or persons lacking distress, be set publicly in the Stocks by the space of three hours. And the same money forfeit being by you received, that you take care the same be by you employed to the use of the Poor of your Parish, according to the said Act. And hereof fail you not, etc. Given under my Hand and Seal, etc. W S. of Dale, Husbandman. I S. of the same, Yeoman. K L. of the same, Labourer. N M. of Sale, Husbandman. 2 Glouc. ss. W S. etc. To the Constables, etc. as in the last. Either of these is sufficient. It being duly proved before me, that I S. of your Parish of Dale, a Carrier, or Waggoner, the first day of, etc. being the Lords day, in your Parish of Dale aforesaid, did (being then a Carrier) with his horse or horses; (or being then a Waggonman) with his Wagon; (or being then a Carter) did with his Cart; (or being a Waynman) with his Wain, or a Drover with his , as the case is, travel into, and through your said Parish of Dale, contrary to the Statute in that case provided, by which he hath forfeited twenty shillings to the use This is grounded upon 3 Car. 1. of the Poor of your Parish of Dale. These are therefore to authorise and require you forthwith to levy the same twenty shillings of the goods of the said I S. by distress and sale thereof, rendering to him the overplus. And the same so by you received, that you see it to be employed to the use of the Poor of your Parish, according to the intent of the same stature. And hereof, etc. Given under my Hand and Seal, etc. 3 Glouc. ss. W S. etc. To the Constables and Tythingmen of D. and every of them, (or it may be to the Churchwardens of Dale.) It being duly proved before me, that I S. of your Town, Butcher, did in Dale aforesaid, the first day of May last past, Either of them is sufficient. This is upon 3 Car. 1. being the Lord's day, kill, or caused to be killed victuals (to wit) one Calf, or did sell victuals, contrary to the Act of Parliament in that case provided, whereby he hath forfeit 6 s. 8. d. to the use of, etc. as in the last. And the same so by you received, that you see it be employed to the use of the Poor of your Parish. And hereof, etc. Given under my Hand, etc. To the Constables, as in the last. 4 Glouc. ss. W S. etc. It being duly proved before me, that I S. of your Parish did the first day of May last (being the Lord's day) at Dale aforesaid, without reasonable cause, carry burdens, viz. a bushe● One of these is enough. of Wheat to a Mill there, or do worldly labour and work, viz. drive his from one groun● to another, half a mile distant, contrary to the Act of Parliament in that case provided. By which he hath forfeited five shillings to the use of, etc. as it is in the last, word by word. Given under my Hand and Seal, etc. We give you no Precedents here to levy the forfeitures upon them that serve Process, use Coaches or Boats, that come in late Saturday night, or g● out early on a Monday morning, nor against then that are singing, dancing, or tippling in an Alehouse, or Miller grinding on this day, nor against the Officers that neglect to punish them, because we conceive none can be granted against them til● they be convicted, which cannot be but by Indictment. 5 Glouc. ss. W S. and I S. two, etc. To all the Constables, Churchwardens; and Overseers of the Po● of the Parish of Newent in the County of Glouc▪ Information and Complaint being given in and made unto us, That the Profanation of the Lord● day is very much and frequently practised within your Parish, by the disorderly meetings of young people, by gaming, sports and pastimes, drinking, tippling, and by other means, contrary to the Laws in that case provided, and that you are negligent in the duties laid upon you by the same Laws. These are therefore straight to charge you henceforth to look to it, that no such disorders be hereafter among you, but that you forbidden the same, and that you do from time to time, according to the duty of your places, make diligent search for the finding out, apprehending and punishing of all them that shall be found offenders herein. And that you do inform us hereof as occasion shall be: And that you, or some one of you, appear before the Justices of the Peace, at the house of, etc. upon to bring in the names in writing of those persons who shall in the mean time offend in the premises. Letting you to know, that if you fail hereof, we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein. Given under our Hands at the Castle of Gloucest. this 21 day of, etc. CHAP. IU. About Felony. To all Constables and Tythingmen within the County of Gloucest. 1 Glouc. ss. To search for a Felon. W S. etc. Whereas information hath been given to me, that there hath been ten Sheep lately taken away from I S. of D. in this County, the which he doth suspect to be stolen, and the Felon is suspected to lie hid in some one of the places or Parishes adjacent. These are therefore to require you, and every of you, forthwith to make diligent search in all suspected places with in your Parishes for the said Felon: And in case you shall find the Felon, or any of the same sheep, or shall find any other just cause to suspect any person whatsoever of the same Felony, tha● you cause the same sheep to be secured, and the said Felon to be apprehended and brought before me, or some other Justice of the Peace of the said County, to be examined concerning the premises. And that you warn the said I S. to be, and that you yourself be also before the same Justice, at the time of his examination. Given under my Hand this, etc. To the Constable of Dale within this County. 2 Glouc. ss. Whereas complaint hath been made to me by N O. that of late he hath had feloniously taken from him certain goods, or six Oxen, or a grey Mare, etc. as the case is, and that he hath in suspicion Another of the same divers and evil disposed persons within your Parish of Dale. These are to require you, that immediately upon sight hereof, you make diligent search in all and every such suspected houses and places within your Parish, as you and the said N O. shall think convenient. And if upon your search, you find any of the said goods in the hand of any person, or shall have any other just cause of suspicion of any person, that then you bring such suspected person before me or some other, etc. to answer the premises. And hereof, etc. Observations on these Warrants. Some have disliked these Warrants, and upon some good reasons also: for it is a Rule, that no man can arrest for Felony upon the suspicion of another, but upon his own suspicion. And some unhappy use is ofttimes made of these Warrants, and honest men abused by them. But we conceive that common usage hath made these Warrants justifiable at this day; and that the same Justice of Peace, upon information, may take up the suspicion, and proceed upon his own suspicion. To the Constable of Dale within this County. 3 Glouc. ss. Information being given to me upon the Oath of I S. that he hath of late two sheep feloniously taken from him, and that he hath in suspicion one To apprehend a Felon. T K. of your Town, Tailor. These are to require you presently upon receipt hereof, to apprehend the said T K. and thereupon to bring him before me to answer to the premises. And hereof, etc. Observatians' upon this Warrant. This Warrant hath been also excepted against, but we conceive at this day there is no cause to doubt of it. And that Warrants may be granted by a Justice to attach persons suspected of Felony, before they be indicted for it. But upon an indictment of Felony, without question any Justice of Peace may arrest the party indicted by such a Warrant as this which followeth. To all Constables, as at the first. 4 Glouc. ss. W S. etc. These are to will and require you, presently upon receipt hereof to attach the body of A B. who stands indicted for a Felony, by an Indictment taken at the last general Quarter Sessions of the Peace for the County of Glouc. And him to bring before me, or some other Justice of the Peace of this County, to be dealt with according to the Law. Or thus, And him to carry to the common Gaol within the Castle of Glouc. there to be kept until he be delivered by due course of Law. It may be made both these ways. And hereof, etc. 5 Glouc. ss. W S. etc. To the Constables of, etc. These are to require you upon sight hereof, to warn to To bind men to give in evidence against a Felon. be before me, or some other Justice of Peace of this County, within three days next following, the persons undernamed, to the end that they may be bound before him to make their personal appearance at the next general Gaol delivery, or Quarter Sessions to be holden for this County, then and there to testify their knowledge concerning a Felony supposed to be done by A B. now a Prisoner in the Castle of G. And that you do then go with them to the same Justice with this Warrant. And hereof, etc. Or thus: W S. etc. You are hereby required forthwith to warn the persons undernamed of your Parish, to be before me at my dwelling house in D. upon Monday next, by nine a clock in the morning, to testify their knowledge concerning certain felonious acts supposed to be done by A B. and C D. of, etc. And that yourself be then there with this Warrant, to show how you have executed it. And hereof, etc. Observations here. We have seen a Precedent in this form for this purpose, That you cause to come before me the persons undernamed, to ●estifie, etc. which we cannot but disallow for its ambiguity: For how shall he cause him to come? Besides, the word seems to import, that he shall bring him in the nature of a prisoner, which is not lawful to do in this case. To all Constables, and other his Majesty's Officers, as well within the County of Gloucest. as elsewhere in the Kingdom of England. 6 Glouc. ss. To command hue and cry. W S. etc. Whereas complaint hath been made unto me by L M. of, etc. Husbandman, That upon Tuesday at night last (being the tenth day of this instant November) he was rob of certain Linen, taken out of his house, with some other things, and that he hath manifest cause of suspicion of one N K. a lewd rogue, (here describe his personage and apparel;) These are therefore to require you, and every of you, to make search within your several Precincts for the said N K. and also to make Hue and Cry after him from Town to Town, and from County to County, and that as well by Horsemen as Footmen. And if you shall find him the said N K. that then you carry him before some one of the Justices of the Peace within the County where he shall be taken, by him to be dealt withal according to Law, etc. And hereof, etc. To all Constables and Tythingmen of the Parishes and tithings within the County of Gloucest. and every of them, etc. 7 Glouc. ss. To apprehend one that hath dangerously hurt another. W S. etc. Forasmuch as I am credibly informed, that I B. of your Town, Blacksmith, hath now lately dangerously hurt one T G. of your said Town, Husbandman, by a blow which he hath given the said T G. on the face, and another on the back, so as the said T G. is in dange● of death thereby. These are therefore straight to charge and command you, that immediately upon the sight hereof, you, or one of you, do bring the said I B. before me, or some other of his Majesty's Justices of the Peace of this County, to find sufficient sureties, as well for his appearance before the Justices at the next Gaol-delivery to be holden for this County, then and there to answer unto the premises, and to do and receive therefore that which by the Court shall be enjoined him; as also, that he the said I B. shall in the mean time keep the Peace towards our Sovereign Lord the King, and all his Liege people, but especially towards the said T G. And hereof fail you not at your peril. Dated, etc. In some cases, where any Statute doth give power to the Justices of Peace, out of their Sessions, to hear and determine, either upon the confession of the offenders, or upon examination of witnesses; in all such cases, it seemeth, the Justices of Peace may grant out their Warrants against such offenders, to appear before them, to answer to their offences, and thereupon may proceed to examine, hear and determine the offence, as being convict thereof, upon such confession or examination, without any indictment or process. But where process are requisite, they may be as followeth. First, if the offender be absent, a Venire facias shall be awarded by the Justice or Justices of Peace under his or their own Tests; and if thereupon the offender be returned sufficient, (and maketh default) than a Distringas must be awarded, which Distringas shall go forth infinite, till the offender come in: But if a Nihil habet, etc. be at the first returned, then after the Venire facias, first a Capias, than an alias, and after a pluries shall issue, and after that an Exigent, till the party be taken or yield himself, or else be outlawed. And these are the ordinary Process upon all Indictments of Trespass against the Peace, or of other offences against penal Statutes, not being Felonies, or greater: But these several Processes are usually grounded upon an Indictment, to cause the offender to come in, and to make his answer; and therefore if he be present, and confess such indictment, information, or offence, then needeth no process; for he must be committed to prison until he hath paid his Fine, or given Sureties for it. And these Process must be directed to the Sheriff, except he be party; and if so, to the Coroners of the County, and must be in the King's Name, and with a Non omittas, but the Teste thereof may be under the Name of the Justice of Peace. The form of these Process out of Sessions, you may see in the Treatises of Justices of Peace at large. Nevertheless, all such process (as well of Capias, etc. as of Outlary) may be stayed by a Supersedeas, issuing from other Justices of Peace (out of Sessions) testifying, that the party hath come before them, and hath found Sureties for his appearance to answer to the Indictment, or to pay his Fine, etc. CHAP. V About a Riot and forcible Entry. The Record of a force found by the Justices own view. 1 Glouc. ss. MEmorand That the first day of March, I S. complained to me W S. one of the Justices of Peace of our Sovereign Lord the King for the County of Gloucest. that I D. of S. in the said County, Yeoman, and divers others unknown persons, troublers of the Peace of the Kingdom, the first day of May, into the dwelling house of the said I S. in Dale, in the said County, with strong hand did enter, and him the said I S. thereof disseised, and the same house with strong hand and armed power doth yet detain and hold; and therefore desired of me relief on this behalf to be yielded: Whereupon I the said W S. immediately in person came to the said dwelling house to view the same. And in the same house I then found the said I D. E F. of, etc. and G H. etc. the same house with force and arms, a strong hand and armed power, to wit, with Bows and Arrows, Swords and Daggers, Guns, and other Arms defensive and offensive, holding against the form of the Statutes in that case provided. And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest, and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest. as convict of the said forcible detaining by mine own view and record, there to abide till he shall make Fine to his said Majesty for his offences aforesaid. Dated at Dale aforesaid under my Seal, the day and year aforesaid. The Record of a Riot upon the view of the Justices. 2 Glouc. ss. Memor. That the first day of March, we W S. and K L. Esquires, two of the Justices of our Sovereign Lord the King, now assigned to keep the Peace in the County of Gloucest. at the complaint of I S. of W. in the County aforesaid, Yeoman, in our proper persons came to the dwelling house of the said I S. at W. aforesaid, and there we found certain persons, A B. etc. and other evil doers and disturbers of the Peace of our Lord the King, to the number of eighty persons in a warlike manner arrayed, to wit, with Swords, Staves, Bows and Arrows, riotously and unlawfully gathered together, and the same house so keeping, to the great disturbance of the Peace of our said Lord the King, and the terror of his People, and against the form of the Statutes in that case provided. And therefore we the said Justices of the Peace, the bodies of the said A B. etc. did then arrest, and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid, convict in our presence, there to abide till they shall make their Fine to our said Lord the King for their trespass afore said. In testimony whereof, w● have put our Seals to this Record. Dated at W. aforesaid, the day and year aforesaid. The form of the Mittimus to the Gaol. W S. one of the Justices of the Peace of ou● Lord the King within his said County of Gloucest. 3 Glouc. ss. To the Keepers of his Highness' Gaol within the Castle of Glouc. within the same County, and to his Deputy there. Complaint being made to me this present first day of May, of a forcible and riotous detainer of a House made by K L. etc. and M N. of, etc. the which having viewed, I find to be true, against the Peace of our▪ said Lord the King, and the Statutes in that case provided: Therefore I send you, by the bringers hereof, the bodies of the said K L. and M N. convicted of the said forcible holding, (or Riot) by mine own view, testimony and record, commanding you in his Majesty's Name, them to receive, and safely keep in your said Goal, until such time as they shall make their Fines to our said Lord the King for the said trespasses, and shall be thence delivered by order of the Law of the Land, at your peril. Given at W. aforesaid, under my Seal, the day and year aforesaid. The Precept to the Sheriff to return a Jury. 4 Glouc. ss. W S. etc. To the Sheriff of the said County of Glouc. I command you, that you make to come before me at, etc. (time and place) twenty four honest, sufficient, and lawful men of the neighbourhood of W. within this County, whereof every one shall have forty shillings of Lands, Tenements and Rents by the year at least, above reptises, (or to inquire if A B. etc. and other malefactors and disturbers of the Peace of our Lord the King, in one Message, and twenty acres of Land of C D. of, etc. with a strong hand, upon the possession of the said C D. did enter, or the same with force do yet hold and occupy) to require upon their Oaths for our said Lord the King, of a certain entry (or detainer) made with strong hand in the Message or dwelling House of A B. at W. aforesaid, against the form of the Statutes in that case provided. And you are to see that you return upon every one of the Jurors by you to be impanelled, twenty shilling of issues at the same day of return. And hereof you are not to fail, under pain of twenty pounds, which you know you are to bear, if you be negligent in the premises. Witness me the said W S. the first day of, etc. The Verdict of the Jurors. 5 Glouc. ss. An inquisition for our Lord the King taken at Dale in the County of Gloucest. the first day of May, by the Oaths of A B. C D. good and lawful men of the County, before W S. one of ●he Justices of our said Lord the King, to keep the Peace in the said County assigned, and to hear and determine divers Felonies, Trespasses, and other evil deeds committed in the same County; who say upon their Oaths, that C L. of, etc. Yeoman, was lawfully and peaceably seized in his demesne, as of Fee, of and in one Message, etc. with the appurtenances in Dale aforesaid, and his possession and seisin aforesaid so continued, until A B. etc. and other unknown persons, the first day of May, by Force and Arms, to wit, with Swords and Staves, Bows and Arrows, into the said Message entered, and the said C D. thereof disseised, and with a strong hand him expelled; and him the said C D. so disseised and expulsed from the said Message, etc. from the aforesaid first day of May, until the day of the taking of this inquisition, with the same strength and armed power have hitherto kept out, and yet doth keep out, to the great disturbance of the Peace of our said Lord the King, and against the form of the Statutes in that case made and provided; whereas none of them, nor any other, whose state they or any of them had or have, or any thing in any parcel thereof had or have, within three years' last before his said Entry, nor at any time before, to the knowledge of the said Jurors. Warrant for Restitution. 6 Glouc. ss. W S. etc. To the Sheriff of the said County, Greeting. Whereas by a certain inquisition of the Country taken before me at Dale in the County aforesaid, the day of, etc. upon the Oath of A B. C D. etc. and according to the form of the Statute in that case of forcible entry provided, It was found, that A B. etc. and others, etc. as it is in the Inquisition (under those words in that case provided) as by the said inquisition doth more fully appear of Record. Therefore on the part of our said Lord the King, I command and require you, that you all together (with the power of the County) if need require, go to the said Message and other the premises, and the same with the appurtenances do cause to be res●ised, and the said C D. to and in his full possession there of, as he was in before the same Entry, you cause to be restored, according to the form of the aforesaid Statute. And hereof you are not to fail at your peril, etc. Given under my Seal, etc. The like Warrant may be made for Lessee for years, Tenant by Elegi●, Statute-Merchant, Statute-Staple, Guardian in Chivalry, and Copyholder, mutatis mutandis. CHAP. VI About the Poor. 1 Glouc. ss. To make Overseers of the Poor. WE the Justices of the Peace and Quorum of the County of G. next adjoining to the Parish of D. within the same County, whose Hands and Seals are hereunto annexed, do nominate and appoint I S. and W S. of the same Parish of D. together with the Churchwardens of the same Parish, to be Oversee● of the Poor of the same Parish for this present year, according to the Act of Parliament in that case provided. These W●rrant● are grounded upon 〈…〉. Da●ed, etc. There is another form to command Overseers of the Poor to undertake the Office: But this seems to me needless, and that the former Order is sufficient; for being duly chosen according to the Statute, they must undertake it. W S. and L S. Esquires, two of the Justices of 2 Glouc. ss. the Peace of the County of Gloucest. To the Churchwardens and Overseers of the Poor of the To distrain for money for the poor. Parish of D. in the County of G. Whereas the persons here undernamed, all of your Parish of D. have been duly assessed the sums of money here under at their names appearing, and set down and rated upon them towards the maintenance a●● relief of the Poor of you Parish, the which ra●● hath been duly confirmed by two of the Justices of the Peace of the said County, according to the form of the Statute in that case provided. The which sums they are in arrear, and refuse to p●y although the same have been demanded of the●. These are therefore to authorise and require yo●▪ once more to demand the said several sums of the said several persons respectively: And in case they refuse to pay the same, that then you lev● it by way of distress and sa●● of the goods and chattels of the persons refusing to pay the same respectively, randring to them the overplus accordi●● to the said Statute. And that you the same money pay and distribute to the use of the poor o● your Parish according to your Office. And hereof, etc. 3 Glouc. ss. W S. and I S. Esquires, etc. two of the, &c▪ (as in the last) To the, etc. (as in the last) These are to authorise and command you presently Another for the same. to demand of I S. of your Parish of Dale, th● sum of five shillings, being duly assessed and rat● upon him, for and towards the relief of the Poor of your said Town, according to the form of the Statute in that case provided. And if he refuse to pay the same, that then you presently levy the same by distress and sale of the offender's goods, rendering to him the overplus of the money made by sale thereof. And this shall be your Warrant herein. Dated, etc. 4 Glouc. ss. To warn all persons to appear to examine the matter of a bastard child. W S. and I S. two of the Justices, etc. near to the Parish of Dale in the County of G. To the Constables, Churchwardens, and Overseers of the Poor of the same Parish, and to I K. of, etc. and M S. of the same Parish of D. and every of them. It being proved before us, that the said M S. is delivered of a bastard child, likely to be chargeable to your Parish, which she doth father upon the said I K. who is therefore at the request of the said Officers, and on the behalf of the said Parish, bound to the good Behaviour, and to appear at the next Sessions. These are therefore to give you notice, that we have appointed on Monday the first day of May next, at the house of K L. in T. to meet to examine the said matter, and to take order for the punishment of the said parties, and relief of the said Parish, in case the same child shall become chargeable to it, and the keeping of the same child. You are therefore all of you hereby required to attend us, with such witnesses as you please to produce, in the place, and at the time aforesaid. And you the said Constables are in due time to give notice hereof to all the rest of the parties, Churchwardens, Overseers of the Poor, to the said I K. and M S. And that you yourself be present at the time and place aforesaid, to give an account how you have executed this our Warrant. And hereof not to fail, etc. Dated, etc. 5 Glouc. ss. An Order for a bastard child. W S. and T W. Esquires, etc. two of the Justices of the Peace of the said County. Imprimis, upon the examination of the said M S. duly by us taken, we do find that the said I K. is charged to have had divers times bodily and carnal knowledge of her (between such times) and to be the only Father of the said Bastard-child, etc. And having some other proofs to induce us to believe the truth hereof, therefore we do adjudge him to be the reputed Father of the said Child. We do further order as followeth: First, That the said M S. shall keep her said Child till it come to eight years of age. Secondly, That the said I K. upon notice of this our order, shall after such notice, pay into the hands of one of the Overseers of the Poor of D. for the time being, after the rate of 12 pence every week, to be paid monthly, every year towards the relief of the said Child, until it comes to eight years of age. Thirdly, And after the said Child shall come to eight, etc. that the said I K. pay to the Overseers, etc. 5 l. towards the putting out of the same Child to be an Apprentice. Fourthly, That the said I K. presently give good Security to one of the Overseers, etc. to perform this our Order. To the Constables of S. in the County of G. and to every of them. 6 Glouc. ss. W S. etc. Information being given, and complaint being made to us, that the persons undernamed of your Parish, have been duly taxed and assessed towards the raising of money for the relief of the Poor of your Parish, these several sums at their names set down, the which they have refused to pay upon demand. And a Warrant having been sent to the Churchwardens and Overseers of the Poor, to levy the same by distress and sale of the offender's goods; and information being given to us by the said Churchwardens and Overseers concerning the said persons undernamed, that there is no distress to be had of their goods, whereby the same assessments may be levied of them, and that they do still refuse to pay the same rate. These are therefore to authorise and require you, in case it be so, that no distress be now to be found or had, and that they do still refuse to pay the same rate, that you do apprehend the said To commit to prison for lack of distress. persons, and them do convey to the common Gaol in the Castle of Glouc. there to remain without Bail or Mainprise, till they pay all the same money taxed, and the arrears thereof from them due respectively. Dated, etc. I. S.— 10 s. W. S.— 5 s. etc. This Warrant we think to be scarce warrantable by Law, and shall not advise any Justice to make it without good advice. But if he will adventure, let him be sure that the thing is true, that he doth refuse, and there is no distress. To the Churchwardens and Overseers of the Poor of the Parish of Dale in the County of Gloucest. 7 Glouc. ss. W S. etc. Information being given, and complaint being made to us, that I C. and L M. of your Parish, the late Churchwardens and Overseers of the Poor of the said Parish, did at the end of their year make and yield up to the Justices of the Peace of the County, an account of the sums of money by them received and paid: To distrain for arrears of accounts in the Officers hands. And that it appeared by the same account, that there was ten pounds in money in the hands of the said Churchwardens and Overseers, the which they have not paid and delivered over unto the Overseers and Churchwardens newly nominated and appointed for this year, contrary to the Statute in that case provided. These are therefore to authorise, etc. that you levy the same of the goods of the said I C. and L M. and in case no distress can be had, that then, etc. (as in the last, changing that which is to be changed) leaving out respectively every where. Dated, etc. 8 Glouc. ss. To compel the Over-seets to account. W S. etc. For as much as A B. and C D. of the Parish of E. the late Churchwardens of the same Parish, and F G. and H I. the late Overseers of the Poor of the same Parish, have been duly required to come before us, and bring in an account of their receipts and disbursements in the time of their Office, according to the Statute in that case provided, and they refuse so to do: These are to authorise and require you to apprehend all the said late Churchwardens and Overseers of the Poor, and them to convey to the common Gaol within the Castle of Gloucester, there to abide without Bail or Mainprize until they have made a true account, and paid to the present Overseers and Churchwardens all the money that upon their account shall appear to be remaining in their hands. And hereof, etc. Observations upon this Warrant. I shall not assure you that this Warrant i● legally to be granted by the Justices, or may be safely executed by the subordinate Officers; for the Statute doth not direct how the Offenders shall be convicted. However, if the Justices grant such a Warrant as this, or that before for lack of distress, they must be sure they do it upon a sure ground, to wit, that the thing be true they do go upon, viz. That they do refuse to account, or that there doth want distress, etc. Otherwise it is dangerous. To the High Constable of the Hundred of W. 9 Glouc. ss. To call in the old Overseers of the Poor, and to name new ones. W S. etc. These are to authorise and require you to send your Warrants to all the Petit Constables and Tythingmen of your Hundred, to give notice to all the Churchwardens and Overseers of the Poor of their several Parishes respectively, that they or some of them be at the house of, etc. (day and place) with a true and perfect account in writing of all the sums of money by them received, or rated and sessed, and not received, as also of such stock as is in their hands, or in the hands of any setters of the Poor to work, and of all other things concerning their Office, and the same first examined and allowed by some of the most substantial persons of their Parishes under their hands. And also that they do then and there give us in writing the names and surnames of three or four of the most substantial inhabitants in their several Parishes, that we may choose some of them to be Overseers for the Poor of each several Parish for the next year. And hereof, etc. To the Churchwardens and Overseers of the Poor of the Parish of G. 10 Glou. ss. To levy 20● for their neglect in their Office. W S. etc. Complaint being made to us against I H. one of the Overseers of the Poor of the Parish of Dale in this County, for this year, that he hath not met with the rest of the Officers there monthly in the Church on the Sunday, according to the Act of Parliament in that case provided, whereby he hath forfeit 20 s. These are therefore to require and authorise you to levy the same twenty shillings of him by way of distress and sale of his goods, rendering to him the overplus. And the same money so received, that you ●mploy to the use of the Poor of your Parish. Given under our Hands, etc. Observations upon this Warrant. This Warrant is commonly made, but I cannot tell how warrantably, for there is no way of conviction set down in the Statute for this offence, and then I take it, it must be by indictment, and can be no way else. But let him that grants this Warrant be sure that the cause thereof be true, and let him be well advised that the Warrant be good. 2. The same Law will be if they do not accept the Office, set their Poor on work, make rates to raise money, and place poor children Apprentices, and the like. Such a Warrant must be, if any be: But I conceive its safe to do it by way of Indictment, and being convicted upon a traverse, than two Justices may send their Warrant to levy the twenty shillings according to the Statute. To the High Constable of the Hundred of W. and to all the Churchwardens, and Overseers of the Poor, of all the Parishes within the same Hundred. 11 Glou. ss. To bind poor children Apprentices. These are to require you, to send your Warrants, and give notice to all the Churchwardens and Overseers of all the Parishes within your Hundred, that they are to be and appear before us, some of the Justices of the Peace of this County, upon Monday next, the day, etc. at the house, etc. with a Note in writing of the names of all such poor people within their Parishes respectively, as are overburthened with Children, so that they are not able to keep their children by their labour, and what children they have that are fit to be placed Apprentices, and the names of such men of worth within their Parishes respectively that they think fit to make Masters for such poor children; to the end that we may then and there take a course to ease them by binding them to such Masters. And the said Churchwardens and Overseers are hereby required to take notice hereof by your Warrant, and to see they do attend us in the execution of the contents thereof. And you also the said High Constable are to bring with you to us then, and there, another Note in writing of all such persons within your Hundred, as you know or judge fit to make or take such kind of Apprentices. And hereof you are not to fail, etc. Name all the Overseers and Churchwardens. Indenture to bind a poor child Apprentice. This Indenture made the day of, etc. witnesseth, That A B. and C D. etc. Overseers of the Poor in the Town of D. in the County of O. and E F. and G H. Churchwardens of the same Town, by and with consent of W S. and I S. Esquires, two of the Justices of the Peace for the County of Glouc. have by these presents put, placed and bound I H. (being a poor fatherless and motherless child, or the child of W H. a poor man) as an Apprentice with R S. of, etc. Baker, and as an Apprentice with him the said R S. to dwell from the day of the date of these presents, until the said I H. shall come to the age of four and twenty years, (and if it be a woman, than it must be, Until her age of twenty one years, or day of marriage, which shall first happen) according to the Statute in that behalf provided. By, and during all which time, the said I H. the said R S. his Master shall faithfully and obediently serve, and in all things behave himself honestly and orderly as doth become such a servant. And the said R S. for his part promiseth, That he the said R S. during the said time, the said I H. in the craft and occupation the which he useth, after the best manner he can or may, shall teach and inform, and to him shall find meat, drink, and apparel, and all other things necessary and meet for an Apprentice of his condition, etc. In witness, etc. 12 Glou. ss. W S. and I S. Esquires, two of the Justices, etc. To the Constables, etc. Information being given to us upon Oath, that I S. of, etc. a poor child, being by the Churchwardens and Overseers of the Poor of Dale in this County, and two of the Justices of the Peace of the County, bound Apprentice to L M. according to the Statute in that case provided, and that he doth refuse to take him. These are therefore to authorise and require you to apprehend him the said L M. and bring him before some Justice of the Peace of this County, to enter into Bond to appear at the next general Gaol-delivery, or at the next Quarter Sessions to be held for the County of Glouc. to answer his contempt. And in case he refuse so to do, that then ye do him carry and convey to the common Gaol of the County of Glouc. there to remain till he shall so do. And hereof, etc. See more in Warrants to bring in and bind over, Chap. 18. All these Warrants in this Chapter are grounded upon 43 Eliz. 2. 13 Glou. ss. Information being given unto us, that I S. a poor child of W S. of your Parish of D. being placed an Apprentice with K L. by the Churchwardens, Overseers of the Poor, and Justices of the Peace, that the said W S. will not suffer him to serve with his Master, but doth entice him from his service. These are therefore to require and authorise you to apprehend the said W S. and him to carry to the common Bridewell within the Castle of Glouc. until he do conform to the order of the Churchwardens, and Overseers of the Poor, and Justices of the Peace herein. And hereof, etc. CHAP. VII. About the Peace and good Behaviour. 1 Glouc. ss. For the Peace. W S. Esquire, one of the Justices, etc. To all Constables and Tythingmen within the County of G. and especially to the Constable of Dale in the same County. For as much as I S. of D. aforesaid, hath taken his Oath before me, that M O. of the Parish of D. aforesaid, hath assaulted and beate● the said I S. and further hath threatened him, (or thus only) hath taken his Oath before me, that M O. of, etc. hath threatened him in such sort that he is afraid that the said M O. will beat, wound or kill him, or do him some other bodily hurt, or burn his house: And thereupon the said I S. hath prayed security of the Peace to be granted against the said M O. These are therefore to authorise and require you, and every of you, that immediately upon sight hereof you cause him the said M O. to come, and in case of his refusal, to bring him before me, or some other Justice of the Peace of this County, to find sufficient Sureties, as well for his personal appearance at the next General Sessions of the Peace to be holden for this County, as also for the keeping of the Peace towards our Sovereign Lord the King, and all his good People, especially towards the said I S. And if he shall refuse so to do, that you carry him to the common Gaol of the County of Glouc. and deliver him to the Keeper thereof, who is hereby commanded him to receive, and keep a Prisoner until he become bound as aforesaid. And hereof fail not, etc. Some say that this Warrant may be granted against any man that hath broken the Peace, but I cannot consent to i●, unless the Peace be broken in the presence of a Justice of Peace. But upon Oath it is grantable always. 2 Glouc. ss. For the good Behaviour. W S. etc. To all, etc. (as in the last.) It appearing to me by the proofs of credible and substantial witnesses, against I S. and M S. both of your Parish of Dale, that they are people of ill name and fame, and of very lewd lives and conversations, Either of these are sufficient. or are common Barreters, or are common Rioters, or common Breakers of the Peace, or common Ale-house-haunters, or common Drunkards, or common Swearers, or common Wood-stealers, or do keep a common Stews or Bawdy-house, or common Hedge-breakers, or common Tale-bearers, or common Slanderers, or common libelers, or common Whoremongers; or common Whores, or common sowers of discord, and makers of strife amongst their Neighbours, or common Nightwalkers, or common Cheaters, or common companions of Thiefs, or common Messengers for Thiefs, or common Pilferers, or commonly suspected to be Thiefs, or do commonly practise Poisoning, or common Eavesdroppers, or common Nightwalkers, or are commonly suspected of incontinency, or common harbourers and entertainers of Whores, Rogues or Thiefs, or common Robbers of Orchards, or have sold Ale (or Beer) without Licence, and contrary to the command of the Justices of the Peace, or are idle persons wand'ring up and down, far well, and spend much in Alehouses, and having no known and visibl● estate to maintain it; or that I S. hath begotten a bastard child on the body of the said M. an● that the same is like to be chargeable to the Parish of Dale, or that he had his hand in the sending away of L M. the reputed Father of a bastard child, there left to the charge of your Parish These are therefore to authorise and require yo● and every one of you, forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me, or some other Justice of the Peace of this County, ●● the end that they may find sufficient Sureties f●● their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King, and all the People of this Commonwealth. And if they shall refuse ●● do the same, that then you carry, etc. as in the last, to the end. And hereof, etc. 3 Glouc. ss. Another of the same. W S. etc. To, etc. These are to require you that immediately upon sight hereof you cause to come, or bring before me I S. of, etc. to answer to such matters as on the behalf of the King's Majesty shall be objected against him by the complaint of M M. And also that you require him t● bring Sureties with him for his good appearing til● the next General Sessions of the Peace to be held for the County of Glouc. And hereof, etc. 4 Glouc. ss. For the reputed father of a bastard child. W S. Esquire, etc. To the Constable of, etc. Whereas it is proved before me, that M S. of, etc. single woman, is with child of a bastard child, and that I S. is the reputed Father of it: These ar● therefore to authorise and require you, and ever● of you, that presently upon the receipt hereof, yo● cause to come, or bring the said I S. and M S. before me, or some other Justice of Peace of this County, to find sufficient Sureties, as well for their appearance, etc. (as in the last.) And hereof, etc. 5 Glouc. ss. Against one indicted. W S. etc. To, etc. It appearing to me by the Records of the Sessions of the Peace for this County, that I S. of your Parish of D. stands indicted there for selling Ale and Beer, contrary to the command of the Justices of the Peace: And that he hath not as yet appeared nor pleaded to the same indictment, and that the same is still depending and in force against the said I S. These are therefore (as in the last.) And hereof, etc. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour, as for Incontinency, common Swearing, common Drunkenness, and the like. 6 Glouc. ss. Another very short for the good Behaviour. W S. etc. To, etc. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour. These are therefore, etc. as in the rest. This last Warrant may serve in any case, or for any cause whatsoever, for which a man is to be bound to the good Behaviour, unless it be where the offender is to be bound for a limited time only, And then the Warrant may say, I S. being convict before me of such an offence, for which he is to be bound to the good Behaviour seven years. These are, etc. as in the rest; but say, To the end he may be bound with Sureties, etc. for seven years, etc. And hereof, etc. A Warrant for the Peace upon a Supplicavit. G M. one of the Justices of the Peace of our Sovereign Lord the King's Majesty within the County of L. To the Sheriff of the said County, the Constables of the Hundred of W. the Borsholder of the Town of M. and to all and singular the King's Majesty's Bailiffs, and other Ministers, as well within Liberties as without in the said County, and to every of them, Greeting. Know ye, that I have received the Commandment of ou● said Sovereign Lord in these words, (reciting the whole Writ of Supplicavit, which many times differs in form, because it is sometimes directed to all the Justices of Peace, sometimes to them and the Sheriff, and sometimes to one Justice alone) or reciting only the effect of the Supplicavit, thus. Know ye, that I have received the Commandment of our said Sovereign Lord, to compel A P▪ of M. in the said County, Yeoman, to find sufficient Surety for his Majesty's Peace by him to be kept towards C D. of the said Town of M. Tail●r▪ And therefore on the behalf of our said Sovereign Lord, I command and charge you, jointly and severally, that immediately upon the receipt hereof, you cause the said A B. to come before me a● M. aforesaid, to find sufficient Surety and Mainprize, for the Peace to be kept towards our said Sovereign Lord, and all his liege People, and especially towards the said C D. And if he the said A B. shall refuse thus to do, that then you him safely convey, or cause to be safely conveye● to the next Gaol of his Majesty in the said County, there to remain until that he shall willingly do the same; so that he may be before the Justices of the Peace of our said Sovereign Lord within the said County, at the next General Sessions of the Peace (to be holden at N.) there to answer to our said Sovereign Lord for his contempt in this behalf. And see that you certify your doing in the premises to the said Justices at the said Sessions, bringing then with you this Precept. Given at M. aforesaid, under my Seal, etc. The Return upon the back of the Supplicavit may be thus. The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed. Then may that Schedule be thus. I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certify into the Chancery of our said Lord the King: That, by virtue of that Writ (unto me by C D. in the same Writ named, being first delivered) personally before me (such a day and year) have caused to come A B. in the said Writ named, and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ. In testimony whereof, to this my present Certificate I have set my Seal. Dated at, etc. The like proceed may be made into the King's Bench, if it issue thence, mutatis mutandis, but the Justice ●eed not return it, nor make a Certificate, till a Certiorari come. CHAP. VIII. About Witnesses. Glouc. ss. To call witnesses. W S. etc. To the Constables of Dale You are hereby required forthwith to warn I S. of your Parish to come before me on Monday by 9 a clock in the mor●ing; to testify his knowledge on the behalf of the King's Majesty. And not to fail, etc. Another of the same. You whose names are subscribed, are hereby required to appear before me, etc. to g●ve in evidence on the behalf of the King's Majesty. And not to fail, etc. To the Constables of Dale. For as much as I S. of your Town, Yeoma● is thought to be a fit and necessary Witness to ●● Or thus. examined on the behalf of the King's Majesty. These are to command you, that you do forthwith warn him personally to appear before the Justices of the Peace, at the next Sessions of th● Peace t● be holden for this County, then and there to testify his knowledge on the behalf of his said Majesty, to and upon such matters as he shall be then and there examined of. And hereof, etc. CHAP. IX. About Watch and Ward. Glouc. ss. W S. and I S. two of the Justices, etc. To the High Constable of the Hundred of W. and all the Petit Constables within the same Hundred. Information being given to us, that very many suspicious persons do wander about the County without controlment or question: For the preventing therefore of this in time to come, It is by us ordered, and you are hereby all of you straight charged to look to your Offices herein, and to see that you keep a careful and strong Watch by night, and Ward by day from Sun to Sun, in all the Parishes and places within your Hundred, by able and well armed men, and to charge them that they do pose all men, and arrest vagrants and persons that are suspicious, and bring them to a Justice of Peace to be examined and dealt with according to the Law. And all persons whatsoever are by us hereby commanded to be aiding, assisting, and obedient to you herein, under pain of contempt. And you the said Officers are to present to us the default of the refusers, and them that are otherwise. And you the said High Constable are to give notice hereof, and a strict charge herein to your Petit Constables, as you will answer the contrary. Given under our Hands, etc. It being proved to me by I K. of the Parish of D. that the first of May, etc. he the said I K. being then the Constable of Dale, commanded I S. etc. aforesaid, to keep watch with the inhabitants of the Town of Dale, from Sunsetting of that day, till Sunrising of the next day; but he refused and denied so to do, and made default therein, by which the watch at that time was not kept, etc. These are, etc. To bind him to the good Behaviour. CHAP. X. About Alehouses, Ale-house-keepers, Drunkards, etc. To all Officers whatsoever. 1 Glouc. ss. A licence to keep an Alehouse. WE the Justices of Peace and Quorum for the County of Glouc. do licence and authorise I S. of Dale in the said County to keep a common Alehouse, or Tippling-house, and to use common selling of Ale, Beer, This is grounded upon 5 and 6 of Ed. 6. 25. o● Cider in the said Town of D. according to the form of the Statute in that case provided, under the Orders and Articles hereunto subscribed, for one year only, next after the date hereof. Witness our Hands and Seals, this, etc. Orders to be observed by all the Innkeepers and Ale-house-keepers. 1. That they suffer no persons to be Tippling in their houses against the Laws herein provided. 2. That they suffer not any persons to play at unlawful games, in their houses. 3. That they suffer none but such that have necessary occasion, to be or remain drinking in their houses on the Lord's day. 4. That they suffer none to be drinking there at unseasonable times of the night. 5. That they suffer none other disorder or misrule in their houses. 2 Glouc. ss. To suppress an alehouse. W S. and K S. two of, etc. To the Constables of Dale within the County of G. Whereas we are informed, that I S. of your Town, Ale▪ housekeeper, is himself a man of evil behaviour, and doth also suffer ill rule and disorder in his house, contrary to the Laws in that case provided. These are therefore to require you forthwith to repair to the house of the said I S. and to charge him from us, and in our names, to surcease from common selling of Ale or Beer, at his peril. Given, etc. 3 Glouc. ss. To commit an alehouse keeper for selling without licence. Upon 5 and 6 Ed. 6. 25. W S. and K S. etc. To the Constables of D. in the County of G. and every of them. Whereas I S. of D. in the said County, hath of his own authority taken upon him to keep a common Alehouse in D. aforesaid, and still continueth so to do, contrary to the Statute in that case provided, albeit he hath been duly discharged and forbidden so to do by the Justices of the Peace of the County. We therefore do hereby command you, that you do him apprehend, and convey him to the common Gaol of this County, and him deliver to the Keeper there, who is hereby charged to receive him at your the said Constables hands, and him safely to keep for three days, and afterwards till he become bound with good Sureties before some Justices of the Peace of this County, that he shall not keep a common Alehouse or Tippling-house any more, according to the Statute in that case provided. And hereof, etc. Observations upon this Warrant. We find this Precedent amongst their Printed Warrants, but do not find a good ground for it: Nor can we see how the Justices may safely make it; for we know not how the offender may be convict upon 5. and 6. of Ed. 6. but by Indictment. But if the Alehousekeeper sell after he is discharged, this is a contempt; and then we conceive, upon proof of this, any Justice of Peace may send for him, and bind him to the good Behaviour, and to appear at Sessions; and if he cannot put in Sureties, may send him to Gaol. And by this way Ale-house-keepers may be made to give over their selling of Ale. Or he may proceed against him upon the Statute of 3 Car. 3. by the Warrant that comes after here, Numb. 10. 4 Glouc. ss. Against the Alehousekeeper for suffering tippling, and he tippler or tippling. W S. Esquire, etc. To the Constables of Dale in the County of G. and every of them; Or it may be directed to the Churchwardens of Dale in the County of G. For as much as it hath been duly proved before me, that the persons here under-named, inhabitants within your Parish of D. upon the first day of May last, were and did continue drinking and Tippling in the house of Grounded upon 2 Jac. 9 G. W. an Innkeeper, or an Alehousekeeper within your said Parish, and that the said G W. did then suffer it, contrary to the Statutes in that case provided: By which the said persons undernamed have forfeit each of them three shillings four pence a piece, and the said Innkeeper hath forfeit ten shillings to the use of the Poor of your Parish. You are therefore hereby required to take notice thereof, and according to the duty of your place forthwith to levy of the goods of the said G W. to the use of the poor of your Parish, ten shillings, by distress, apprisement, and sale thereof, according to the Statute, rendering to him the overplus. And likewise to levy by distress and sale of the goods of every of the said persons undernamed three shillings four pence a piece, in case the same persons shall refuse or neglect to pay the same three shillsngs four pence to the Churchwardens of the Parish within one week after the demand thereof, rendering back the overplus. And in case the said last offenders, or any of them be unable to pay the same forfeiture, that that then you put the same persons so unable in the Stocks, there to remain the space of four hours. And you are further to give notice to the said G W. that he is by this offence disabled to keep any common Alehouse by the space of three years next following. And hereof, etc. A B. C D. E F. G H. This offence of tippling must be punished within six months, and therefore the Warrant shall do well to express the offence to have been done within six months. 5 Glouc. ss. Another. Either of them will serve. W S. etc. To, etc. (as in the last.) It being duly proved before me, that I S. of, etc. an Innkeeper, or Victualler, or Alehousekeeper, or Taverner, or one that doth sell Wine in his house, did upon the first day of May last, in his house there, being an Alehouse, or Inn, or Tavern, (as the case is,) permit and suffer divers unknown persons to be and remain tippling, contrary to the Act of Parliament in that case provided, by which he hath forfeited ten shillings, etc. (as in the last.) And hereof, etc. Grounded upon 1 Car. 4. & 1 Jac. 9 6 Glouc. ss. For no● keeping the assize. Grounded upon 1 Jac. 9 W S. etc. To the Constables of D. in the County of G. and every of them, (or it may be to the Churchwardens.) Whereas I S. an Alehousekeeper, or an Innkeeper of your Parish of Dale, hath been lawfully convicted before me for selling Ale and Beer by unlawful measures, and less than a quart of the best for a penny, within three months now last passed, at D. aforesaid, contrary to the Statute in that case provided, whereby he hath forfeit twenty shillings to the use of the Poor of your Parish. You are therefore hereby required to take notice thereof, and according to the duty of your place forthwith to levy of the goods of the said I S. by distress, apprisement and sale thereof, according to the Statute in that case provided, to the use of your Poor, the same sum of twenty shillings. And you are hereby required to give notice to the said I S. that he is disabled for three years' next coming, to keep any such common Alehouse again. 7 Glouc. ss. Another. W S. etc. To, etc. (as in the last.) Every of the persons here undernamed being lawfully convicted before me, for selling Ale and Beer, the first day of May last, at the places of their several abodes hereunder mentioned, contrary to the Statute in that case provided. Upon 1 Jac. These are to require you to levy by distress and sale of the goods of every of the said persons so named, the sum of twenty shillings. And if they shall refuse to pay the said sum, you are to detain the said goods so distrained six days, and then for default of satisfaction, to prize and sell the same, rendering the overplus; which several forfeitures shall be by you employed to the use of the Poor of your Parish. And if any of them refuse to pay their several fofeitures, and that you find not a sufficient distress wherein to levy the same, That then you the Constables, or one of you, commit every such offender to the Stocks, there to remain by the space of four hours. And hereof, etc. Observations upon these four Warrants. In case of selling less than measure, and tippling, we conceive the Justice cannot command the Officer; for the Statutes do not give him power to make any Warrant: But the Officer is ex officio of his own power to do it. Therefore this last Warrant, however we find him in Print, yet we cannot justify him, especially the last branch, of putting the Alehousekeeper in the Stocks; for we do not find it warranted by any Law. My advice to the Justices of Peace therefore is, that they do not use it. 8 Glouc. ss. For Drunkards, upon 1 Jac. 5. W S. etc. To the Constables of D. and every of them. I S. of your Parish of Dale being lawfully convicted before me, for being drunk the first day of May last, at Dale aforesaid, contrary to the Statute in that case provided, this being the first offence, for which he is to forfeit five shillings, or to be put in the Stocks six hours. These are therefore to authorise and require you, and every of you, forthwith to demand the same five shillings of him; and in case he pay it not to the Churchwardens of your Parish within one week after demand, that then you levy the same by way of distress and sale of his goods, giving back the overplus. And in case he be not able to pay the same, that then you put and keep him in the Stocks by the space of six hours. And hereof, etc. 9 Glouc. ss. Another. W S. etc. To the Constables, etc. It appearing to me by my own view, that I S. of your Town was on Wednesday last drunk, contrary to, etc. By which, etc. (as in the last.) These are, etc. (as in the last.) This offence also must be punished within six months after it is done; and therefore the Warrant is to say when it was done. 10 Glou. ss. For selling Ale without licence; upon 3 Car. 3. The first offence. W S. etc. To the Constables of Dale in the County of G. or it may be to the Churchwardens of D. The persons undernamed, all of them of your Parish, being lawfully convicted before me, for an obstinate keeping and maintaining of a common Alehouse or Tippling-house the first of May last, in the places there mentioned, without lawful Licence, against the Laws in that case provided, for which each of them are to pay twenty shillings a piece, to the use of the Poor of your Parish, or to be openly whipped. These are therefore to authorise and require you, forthwith to levy the same of each of them by distress, apprisement, and (after three days the money not paid) by sale of their goods respectively, giving back the overplus. And in case of lack of distress, or not payment thereof within six days now then next following, that then you see them openly whipped for the same. And the money by you received, you are to see to be employed to the use of the Poor of your Parish. And hereof, etc. I S. of M. for keeping an Alehouse in M. in this County. L M. of K. for keeping an Alehouse in K. in this County. N O. of S. for keeping an Alehouse in S. in this County. To the Constables of Dale. 11 Glou. ss. For selling Ale without licence the second time. W S. etc. Whereas I S. of your Parish of Dale hath been duly convicted before me the second time, for selling Ale and Beer without Licence, and for keeping a common Alehouse and Tippling-house; for which second offence he is to be committed to the Bridewell for one month, according to the Laws provided in that case. These are therefore Grounded upon 3 Car. 1. to require you forthwith to apprehend the said I S. and him to carry to the Bridewell within the Castle of Glouc. to the Governor thereof, who is hereby commanded to receive him, and there to keep him, by the space of one month, and to deal with him as an idle, lewd and disorderly person. And this shall be your Warrant. Dated, etc. So by this the Warrant may be made upon the third conviction to commit him to the house of Correction, there to remain till by order of the Justices in their General Quarter Sessions he be from thence delivered. No Warrant can be made (as it seems to me) by a Justice against the Officer that doth neglect, or refuse to levy the twenty shillings upon the Alehousekeeper for selling without licence, to commit him, or force him to pay the forty shillings upon 3 Car. 3. For there can be no conviction of him, and therefore no punishment of him thus, bue by way of Indictment. So the Officer upon 1 Jac. 9 that shall not execute his Office against Ale-house-keepers, for suffering tippling, or selling less than measure, or others for tippling. And the Officers that shall upon 4 Jac. 5. neglect to execute their Offices against Drunkards, cannot be punished upon the Justice's Warrant, because the Justice is not to command, but the Officer in the first case ex officio to do execution, and because the Justice cannot convict by witnesses: And yet it seems reasonable, that upon 1 Jac. for lack of certificate of want of distress, that the Justice should send his Warrant for that which is in his own knowledge. But if any Justice in these and such like cases will adventure to send his Warrant, he must be sure that there is such a neglect: And then if he will adventure, we conceive his Warrant must be after this form. 12 Glou. ss. W S. etc. To I S. and W S. of Dale in the County of G. Whereas W S. of your Parish, Alehousekeeper, was duly convict before me for selling less than one full quart of his Ale for one penny, and of the small less than two quarts so one penny; and I did thereupon send my Warrant to the Constable of your Parish, I S. being then the Constable there, to give him notice thereof, and to call upon him to do his duty in levying the sum of twenty shillings, forfeited by him for his said offence, by way of distress to be taken of the goods of the said W S. and that the same being detained six days, and no satisfaction made to him, that then he did presently apprise, and sell the same goods, and render the overplus, according to the power to him given by the Acts of Parliament in that case provided. But the said I S. hath not levied the same money, as is said, nor hath certified to me any lack of distress, albeit my said Warrant was sent to him more than twenty days since; by which the said Constable hath forfeited forty shillings, to the use of the Poor of your Parish. These are therefore to require you the said I S. and W S. forthwith to levy the same forty shillings of the goods of the said I S. the then Constable, in this wise, viz. to take and detain his goods by way of distress for six days, within which time if he pay you not, that then you presently apprise and sell the same, rendering to him the overplus. And if no distress can be had, that then you carry the said I S. to the common Gaol of the County, there to remain until he shall pay the same. And hereof, etc. CHAP. XI. About Masters, Servants, Labourers, Apprentices. WE have seen divers Precedents of Warrants by one Justice of Peace to apprehend a fugitive Servant, and one that refuseth to serve, and carry him to Gaol, unless he put in security to serve his Master, etc. We shall not give you any Precedent hereof, because we understand not upon what Law it is grounded. But some of those we conceive may be warranted upon the Laws in force, we have hereafter set down. For placing of the poor Apprentices, see in Poor. To the Constables of D. in the County of G. 1 Glouc. ss. To command one that works at her own hands to go to service. W S. and K S. two of the Justices, etc. Information being given to us, that I S. of your Town of Dale, is a person of an able body, and hath nothing whereby to live that can be seen, but her work, and liveth by working at her own hands, and refuseth to go to service: You are hereby required forthwith to give her notice, that she is before Michaelmas next to put herself into service, according to the Statute in that case provided. And she is hereby required to conform herself hereunto at her peril. Given, etc. All these warrants are grounded upon 5 Eliz. To the Constables of D. in the County of G. 2 Glouc. ss. To punish for disobedience to the last warrant. Whereas upon information given to us, that I S. of your Parish of Dale, a person of able body, not having any visible means whereby to maintain herself but her labour, did refuse to go to service, and did live by work at her own hands: We did thereupon order her to put herself in service before Michaelmas last; the which she hath not done, in contempt of authority. These are therefore to require you to take her the said I S. and to convey her to Bridewell in Glouc. and there to remain, until she be from thence delivered by order of Law. Given, etc. Observations on this Warrant. It seems to me a safer way in this case, to bind her to the good Behaviour for this contempt; for there is no way of conviction of this contempt. Given, etc. There are divers offences in Servants, Apprentices, and Labourers, and some in Masters, punishable by the Law of 5 Eliz. But because the Law is doubtful in the sense of it, in relation to these things, it seems to speak that they are only punishable at a Sessions of the Peace; therefore we give you no Precedents of Warrants for a Justice of Peace but of Sessions. In all differences between Masters and Servants, we think it best for the Justice to warn the parties only to be before him, and see if he can end the matter between them, after this manner. To the Constables of D. in the County of G. 3 Glouc. ss. Against a Master for wages. I S. of, etc. having made his complaint to me, that he being hired by I D. of your Parish; he hath turned him away within his time, and also refuseth to pay him his wages for the time he hath served him. These are therefore to require you to warn the said I D. to be before me (such a day) to answer the premises, and to warn the said I S. to be then there also to make good his complaint, etc. To the Constables of D. in the County of G. 4 Glouc. ss. Against a Servant that departeth being an Apprentice. I D. having complained to me, that I L. being his hired Servant for one year to be ended at Michaelmas next, hath wilfully departed out of his service within the time, contrary to the Laws in that case provided. These are (as in the other) changing the things to be changed. To the, etc. as in the last. 5 Glouc. ss. Against a Master that doth abuse his Servant Apprentice. W S. etc. Complaint being made to me by I S. an Apprentice, against I D. his Master, both of your Parish of Dale in this County, That the said I D. doth not allow to his said Servant, competent meat, drink, and apparel, or doth immoderately correct him, and without any cause at all, (or refuseth to receive and to keep him) as the case is. These are to require you to warn both the same parties to be before me at W. (such a day) to the end that I may then examine the same matter, and end it, if I can, etc. Given under my hand, etc. To the, etc. as in the last. 6 Glouc. ss. Against a Servant. W S. etc. Complaint being made to me by I D. a Master, against I S. his Apprentice, both of your Parish of Dale in this County, that the said I S. is a disobedient and stubborn Servant, and doth very much miscarry himself towards his Master, or that the said I S. hath departed out of his service. These are to require you, etc. (as in the last.) Given, etc. 7 Glouc. ss. Discharge of an Apprentice. W S. I H. L M. N O. four of the Justices, etc. Complaint having been made to us by I S. an Apprentice, against I K. his Master, both of your Parish of Dale within this County, That the said I K. his Master hath not allowed to his said Servant competent diet, and apparel befitting such Apprentice, and hath sometimes corrected him without any just cause at all, and when he had cause, corrected him above measure; and we having called the same parties before us, and examined the Complaint, find it to be true: And therefore we do think fit to discharge the said Apprentice of his Apprenticeship, And therefore do by these presents, under our Hands and Seals, pronounce and declare, That we have for the causes aforesaid, discharged the said I S. the Apprentice of his Apprenticehood, the first day of May. All these are grounded on the Statute 5 Eliz. 4. CHAP. XII. About Rates. 1 Glouc. ss. To have contribution for a sum charged upon a Hundred for a Robbery. W S. and I S. two of the Justices, etc. To the High Constable of the Hundred of W. in the County of G. and to all the Petit Constables and Tythingmen of the several Parishes and tithings within the said Hundred. Whereas one I S, was of late rob of an hundred pounds, within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgement to recover an hundred pounds against it, the which hath been levied of, and charged upon I S. This is upon 27 Eliz. cha. 13. and L S. two of the inhabitants of D. within the said Hundred. And upon their complaint to us hereof, we have according to the Act of Parliament in that case provided, for the raising of the same money, set a rate upon the Parishes and places with in the said Hundred, which rate is hereunto subscribed and annexed. These are therefore to require you the said High Constable, to give notice thereof to the Petit Constables and Tythingmen of your Hundred. And thereupon all the said Petit Constables and Tythingmen are required forthwith equally to distribute and set the same rate upon the inhabitants of their Parishes and tithings respectively, according to the rule of rating for their Poor. And the same being rated, that they do demand it, and in case of nonpayment, levy it by distress and sale of goods upon every of the inhabitants not paying it respectively. And having levied and received the same, that they do forthwith bring and pay it in to us, or one of us, to the end that the same may be paid over to the said I S. and L S. And that you do within fourteen days next following, give to one of us an account of your execution of this Warrant at your peril. Given, etc. The rate above mentioned in this Warrant, to be annexed thereunto. Then let the rate be affixed, and see that it be handsomely done, with an apt title above it, after this manner. A Rate made by I S. and W S. Esquires, two of the Justices of the Peace, etc. for the raising of an hundred pounds, upon the Hundred of W. charged upon it, and levied upon I S. and L S. two of the inhabitants, upon a Judgement had by one I S. against the Hundred, after a robbery. The Parish of Dale. I S. six d. I L. six d. 2 Glouc. ss. To carry a Prisoner to Gaol. W S. Esquire, etc. one of, etc. To the Constable of D. in the County of G. A rate being made by you the Constable and Churchwardens of your Parish of Dale, and two of the inhabitants there, the which rate is annexed and subscribed, for the raising of money of your Parish, for This is upon 3 Jac. chap. 10. the carrying of certain offenders within the Parish to Gaol, that had not ability in goods or chattels to defray their own charge, and the which you the said Constable have laid out of your own purse. And this rate having been duly allowed by a Justice of Peace under his hand, according to the Statute in that case provided: These are to require and authorise you the said Constable to demand the same; and in case of not payment, to levy it by distress and sale of goods, the same goods having been first apprised by four of the Parishioners, upon every of the persons not paying the same upon demand. And the same money when you have received you may keep, and retain to satisfy yourself for your disbursement aforesaid. And these shall be your Warrant for the same. Given, etc. A Rate made by the Constables, Churchwardens, and two of the inhabitants of Dale, etc. And by these, other Rates (if need be) for Quarter Sessions, Pavements, Bridges, and other things may be made. As for the Rating for Poor, Churches, Highways, and in the Plague time, see it in those Titles and other places. CHAP. XIII. About the Charge of carrying a Prisoner to Gaol. 1 Glouc. ss. For the sale of his own goods. Upon 3 Jac. 10. W S. Esquire, etc. To the Constable of the Parish of Dale in the County of Glouc. I S. a malefactor, being of late by me sent through your hands to the common Gaol of this County, in the convey of whom thereunto (as you have informed me) you have been necessarily enforced to lay out in charges and expenses upon him, and those that guarded him thither, the sum of twenty shillings, for which ye have not as yet received satisfaction, albeit the said I S. hath an ability of goods and chattels to make you satisfaction. These are therefore to authorise and require you, forthwith to take and s●ll such and so much of the goods of the said I S. within your Parish, or elsewhere in this County, as shall satisfy and pay you the same money by you laid out; but that you do before you sell the same, cause the same to be apprized by four of the inhabitants of the Parish where the goods are. And that you keep so much of the money as to satisfy yourself, and deliver to the said I S. all the overplus of the money made by sale of the same goods. And hereof, etc. Given under my Hand and Seal, etc. Or it may be directed to the High Constable of the Hundred, thus. Having received information, that I S. of D. being late sent from a Justice of Peace by the hand of L M. a Constable of D. within your Hundred, to the common Gaol of this County, and that in the convey of him thither the same Comstable was forced to lay out in expenses upon the Prisoner and those that did attend and guard him, twenty shillings; which the said I S. did refuse to pay at that time, and doth still refuse to pay the said Constable, albeit he hath an ability of goods and chattels to do it. These are therefore to authorise and require you forthwith to take and sell such and so much of the goods of the said I S. within your Hundred, as shall satisfy and pay the same Constable the charges so by him laid out. But that you do, [as in the last,] (with this,) And the same twenty shillings so by you made of the sale of the same goods, that you pay it over to the said L M. And this shall be your Warrant. Given under my Hand and Seal at S. in the same County, etc. CHAP. XIV. About Rogues. To the High Constable of the Hundred of W. in the County of Glouc. and to all the Petit Constables within the same Hundred. 1 Glouc. ss. For a general search. W S. and L S. Esquires, two of, etc. These are to require you the said High Constable and Petit Constables, that you (taking sufficient assistance with you) do make a general privy search within all the Towns, Parishes, and Hamlets within your Hundred, upon Monday night the first day of May next, at night, for the finding out, and apprehending of all Rogues, Vagabonds, and wand'ring, and idle persons, in, or about your said Towns, Parishes, and Hamlets. And such as you shall find in the same search, that you do apprehend and bring, or cause to be brought before us the next day, being the second day of May, to the house of, etc. in D. to be by us dealt withal according to the Statute in that behalf provided. At which time and place, you are all of you further required to appear before us, and then and there to give an account upon Oath in writing, and under the hands of the Minister of every several Parish within your Hundred, what Rogues, Vagabonds, wand'ring and disordered persons have been there apprehended, as well in the same search, as also since the last meeting of the Justices of Peace, made for this purpose, being upon, or about the tenth of October last. And hereof, etc. 2 Glouc. ss. Grounded upon 39 Eliz. 4. W S. etc. To the Constables of Dale in the County of Glouc. Forasmuch as one I S. a wand'ring, idle and misorderly person, was taken begging in Dale in this County, and brought before me. These are to require you forthwith him to correct, and by a Pass to convey, according to the Statute in that case provided. Given under my Hand and Seal, etc. 3 Glouc. ss. Grounded upon 39 Eliz. 4. W S. and K L. etc. To the Constable of Dale in the County of Glouc. It being duly proved before us, that I S. the Minister of your Parish of Dale, doth not keep a Register-book there, according to the Law in that case provided, to record the correction and pass of Rogues, by which he hath forfeited five shillings to the use of the Poor, or the Bridewells of the County, at our election. These are therefore to require you to levy the same five shillings of the goods of the said I S. by distress and sale thereof, and to pay over the same money (so by you levied) to the Overseers of the Poor of your Parish, to be employed to the use of the Poor of your Parish. And hereof, etc. Given under our Hands and Seals, etc. To the High constables of the Hundred of W. in the County of Glouc. 4 Glouc. ss. This is grounded upon 1 Jac. 7. W S. and K L. etc. It being duly proved before us against I S. the Constable of Dale, that he hath been negligent in his Office, in the apprehending and punishing of Rogues, and that upon the first of May now last passed, he being the Constable there, did willingly suffer an unknown wand'ring Rogue, to pass through his Town; and albeit he had timely notice given to him of him, and he might easily have apprehended him, yet he did not apprehend, correct, and pass him, as by the Law he ought to have done, whereby he hath forfeited ten shillings to the use of the Poor of the said Parish, or to the use of the Bridewell of the County, at our election. These are therefore to require you to levy the same ten shillings of the goods of the said I S. by distress and sale thereof, and to pay over the same money so by you levied, to the Overseers of the Poor of the said Parish of Dale, to be employed to the use of the Poor there. And hereof, etc. Given under our Hands and Seals, etc. To the High Constable of the Hundred of W. in the County of G. 5 Glouc. ss. So ●s this. W S. etc. It being duly proved before us against I S. the Constable of Dale, that he hath been negligent in his Office, in the correction and convey of Rogues and Vagrants, and that upon the first day of May last past, one I S. a vagrant idle person, being taken begging in Dale aforesaid, and brought and offered to him to be punished, he did not correct and pass him, as by Law he ought to have done, but did willingly suffer him to escape unpunished, whereby he hath forfeited, etc. (as in the last) to the use (as in the last to the end.) Given under our Hands and Seals. To the High Constable, etc. (as in the last.) 6 Glouc. ss. Either of these are sufficient, This is grounded on 39 Eliz. 4. W S. etc. It being duly proved before us against I S. Constable of Dale, that he hath been negligent in his Office, in the correction and punishment of Rogues and Vagrants. And that the first day of May now last passed, he sent one W K. a Rogue to be conveyed to the place of his birth by a general and illegal Pass; or, that one I K. a Rogue being passed according to the Law, and tendered to him, he did willingly refuse to receive him, and did suffer him to escape, or shift him away, or did not pass him to the next Parish, according to the Statute in that case provided, by which he hath forfeited five pounds to the use of, etc. (as in the last.) These are (as in the last,) and to bind him to the good Behaviour. Given under our Hands and Seals, etc. 5 Glouc. ss. The like may be made against the Churchwardens and Overseers of the Poor, for refusing to take one duly sent unto them, thus: That whereas one I W. a poor person, was by a Session's order sent to be settled in your Town, and received there by the Churchwardens and Overseers of the Poor there, I S. etc. being then Overseers, and tendered to them accordingly, they wilfully refused. To the Constables of Dale in the County of G. 6 Glouc. ss. Upon 1 Jac. 7. It being duly proved before us, that I S. of your Parish, the first day of May now last passed, did entertain an unknown person, a vagrant begging person at his doors, and did not bring him to the Constable of the Parish, as he ought to have done, but gave him an Alms, by which he hath forfeited ten shillings to the use of, etc. (as in the last.) Given under our Hands and Seals. To the Constable of Dale in the, etc. 7 Glouc. ss. Upon 1 Jac. 7. It being duly proved before us against I S. of your Parish, that one K L. a vagrant Rogue, being apprehended, corrected, and duly sent to your Parish, and delivered to the said F B. the Constable of the said Parish, the said I S. did rescue and shift him out of the Constable's hands, whereby he escaped; by which the said I S. hath forfeited, etc. (as in the last.) Given under our Hands and Seals. To the Constables of Dale. 8 Glou. ss. It being proved before us against I S. of your Parish, and M. his Wife, that they being able to work, do threaten to run away out of the Parish, and leave their Family to the Parish. These are therefore to require you, that unless they shall forthwith put in sufficient Sureties for the discharge of your Parish, that you do forthwith apprehend the said I S. and M. his Wife, and them to carry to the common Bridewell of the County in G. there to be dealt with and detained as sturdy and wand'ring Rogues, until they shall be discharged by order of Law, etc. Given under our Hands and Seals. All these eight Warrants (but the fifth) must be made by two of the Justices of the Peace, and one of the Quorum, and under their Hands and Seals. 9 Glou. ss. W S. etc. To the Constables of Dale, I S. of your Parish, having left his Family on the Parish, and being run away from them, and being by you brought before me for an incorrigible rogue; These are to require you to keep him safe, till by order of two Justices of the Peace he shall be delivered. Upon 7 Jac. 4. I am not satisfied in the safe granting of this Warrant, because there is no way of conviction of the offence set down in the Statute on which it is grounded. But for an incorrigible Rogue, taken and brought before a Justice of Peace by a Constable, in this case I take it warrantable. Thus. 10 Glou. ss. W S. and T S. etc. To the Constable of Dale. Forasmuch as I S. of your Parish, being brought by you before me for an incorrigible Rogue, was by me committed to you, to be secured till by order of two Justices of Peace you were delivered of him: These are now to require you, him to convey to the common Bridewell, and there to deliver him to, etc. there to remain till the next Quarter Sessions, and till he shall be delivered by order of Law. Given under our Hands and Seals. Observations upon these Warrants. In case where any are brought as Rogues, or incorrigible Rogues, to a Justice of Peace by an Officer, as such as will not work, or run from their Family's, or have a Bastard Child like to charge the Parish, or the like: In these cases it seems the Justice may send them to Bridewell, or to Gaol, as the Law is. There be no●●ays of conviction set down by these Statutes; for the Constable doth first apprehend, and he must see that he have good cause to do it. But I should choose rather to put them to find Sureties for their good Behaviour, and send them to Gaol upon this account. 11 Glou. ss. It having been duly proved before me, that I S. late of, etc. being an idle wand'ring person, hath counterfeited a false Testimonial under the name of W S. supposing him to be a Soldier, landed at Dover, and that he was allowed to travel to the place of his birth, etc. whereas in truth he never was a Soldier, neither did he land at Dover, nor was he allowed to travel, etc. These are, etc. to bind him to the good Behaviour. Or perhaps two Justices may make a Warrant, to send him to Bridewell, but one Justice may bind him to the good Behaviour. CHAP. XV. About the Plague. To the Churchwardens and Overseers of the Poor of the Parish of M. N. O. within this County. 1 Glouc. ss. On the same W S. and I S. two of the Justices, etc. Information being given to us, that the Parish of Dale within this County is infected with the Plague, and that it hath need of relief from the adjacent places five miles about it, according to the Statute in that case provided. The which, because we intent to provide for them, we command you, and every of you, to be before us upon the first day of May next, at the house of, etc. with your Church-books of Rates for the Poor, to the end that we may then make an equal weekly Rate and Assessment for the purpose aforesaid. And hereof, etc. A weekly Rate made the first day of May, by W S. and I S. Esquires, two of, etc. with the assistance of the Overseers of the Poor of the Parishes within five mile's compass of the Parish of Dale, at this time infected with the Plague, for the relief thereof during the time of the infection, to be paid by the inhabitants of the same Parishes weekly, according to the Act of Parliament in that case provided. The inhabitants of the Parish of S. to pay weekly as followeth. I S. 6 d. W S. 3 d. T S. 2 d. N O. 3 d. L M. 2 d. K N. 2 d. The inhabitants of the Parish of M. to pay weekly as followeth. S T. 6 d. etc. To the Churchwardens and Overseers of the Poor of the Parish of Dale. 2 Glouc. ss. W S. and I S. etc. There being a Rate made which is for your Parish, the Rate subscribed to this Warrant, for the relief of the inhabitants of the Parish of Dale, at the present infected with the Plague, according to the Act of Parliament in that case provided. These are to authorise and require you forthwith to levy and collect the same On the same. of the persons therein named respectively, by distress and sale of their goods, rendering to them the overplus. And the same money so by you received, that you pay over to the Overseers of the Poor of the said Parish of Dale, and give in the same upon your account at the end of your year. Given under our Hands and Seals, etc. To the Constables, Churchwardens and Overseers of the Poor of Dale in the County of G. 3 Glouc. ss. Whereas we are credibly informed, that the Plague is in the house of I S. of your Parish, whereof one died. And whereas also we are informed, that divers of the inhabitants of your Parish have resorted to the said house, both before and after the said party was dead, and especially two children in the house of I P. by reason whereof it is feared that they are sick, and so by reason thereof the sickness is like to increase and spread further in the Town, unless there be speedy provision made for the preventing thereof. These are to require you the said Constables forthwith to cause the said house so infected to be shut up, and that you appoint one or more Warders at the door, to keep them from coming forth, and others from coming at them. And if any shall wilfully disobey your orders and directions herein, attempting to resist their keepers, and go abroad, that then you and the said Wardsmen force them to keep their houses. And if any wilfully go abroad, having the Plaguesore upon them, that you and they apprehend them for, and deal with them as with Felons: And if they have no sore, that then you bring them before some Justice of Peace, to be dealt with as Vagabonds, and to be bound with Sureties to the good Behaviour. And that you the Churchwardens and Overseers of the Poor be careful that the parties shut up be sufficiently provided for, for their present relief and sustentation. And further, that you cause the said I S. and his Family to keep themselves within their own doors, and that in the mean time, he forbear to victual, or to let any come into his house, till he hath further order. And of your care, diligence and proceeding herein, that you do from time to time give us account, that we may give further direction herein. And we are further to advise the Parishioners, that they be very careful not to mingle themselves amongst them that have been in the same infected house. And of this our advertisement that you give them speedy notice, etc. Oath of Searchers. 4. Grounded upon 1 Jac. 31. 4. You shall swear, that you shall carefully search, inquire, and examine all such persons as shall die within this Parish of M. And you shall truly publish and declare, whether any such person do die of the Plague, by any sign that shall appear thereof, without any conniving in any manner whatsoever, to the uttermost of your skill and ability, or of what other disease they shall die. So help you God. Oath of the Bearer. 5. You shall well and truly serve in the place of a Bearer at the visited houses where you shall be employed and appointed; you shall not purloin, or carry away any goods forth of the said houses, or either of them. And you shall take care not to come into any company, but continually to remain in the place assigned to you, but at such times, as you are employed in your said Office, as a Bearer; and in every other thing that belongs to that place, you shall (as you shall be directed by the Officers) well and faithfully behave yourself. So help, etc. Oath of the Examiner. 6. You shall well and truly execute the Office for examiners of health within the Parish of Dale; you shall truly inquire and labour to know, from time to time, what houses within the said Parish be visited with sickness, and who therein are sick, and of what diseases they are sick, and upon doubt, command restraint of access, until it shall appear what the disease is. And if you find any person sick of the Plague, you shall give present order to the Constable, forthwith to shut up the house wherein he is. And if you find the Constable careless herein, you shall forthwith acquaint some Justice of Peace therewith. And you shall see that the visited persons be weekly provided for; and in every other thing shall do as belongs to your Office, So help you God. CHAP. XVI. About making of Constables. A Warrant for the making of a new Constable. To our loving friend, A B. of Dale, Yeoman. THese are to require you, to make your repair to us, or to some other Justice of the Peace of this County, to take the Oath of a Constable, to serve within your Town of Dale, you being chosen and ordered by the Leet of your Town to undertake the same Office. Or thus. Whereas A B. of your Town, the new Constable thereof, is by reason of his age and impotency very unable and insufficient to execute the said place. These are to require you whose names are under-written, to be before me at my house at W. to morrow by eight a clock in the morning, that I may make choice of one of you to be sworn to undertake the same Office. And hereof, etc. Observations upon this Warrant. We do not approve the making of Constables by one Justice of Peace, but in case of necessity only; when a Constable dies, and it is long to the Quarter Sessions, or Leet, at which Courts these Officers are regularly to be made. The Tythingman and Constable is now become all one Officer in most places, and it were well they were so sworn, called all of them Constables, or else Constables and Tythingmen both. CHAP. XVII. About Highways and Bridges. FOr the form of the Presentment of a Justice of Peace of a Highway in decay upon his own view. It differs not from a Presentment of a Jury, or Indictment; but only in the Title. I S. etc. one of the Justices doth present upon his own view, That, etc. But this the Clerk of the Peace is to draw up for the Justice. We give you no Precedent for the repair of Bridges by four Justices of Peace, or for the repair of Chepstow-bridge; for we suppose no Justices will care to do this out of the Quarter Sessions, from which Court it is best to get these things done. The wages appointed and set by the Justices, to be allowed to men that work at the Highways, for themselves, servants and blows, for this year, according to the new Ordinance; as followeth. To the labouring man for himself the days work, from 8 in the morning to 3 in the afternoon, 6 d. To the Ploughman for his Blow with four Oxen, or three Horses, and two Men the same time, 2 s. 6 d. And so after this rate for the rest. W S. I S. CHAP. XVIII. About Warrants to bind over. To the Constables of D. in the County of G. 1 Glouc. ss. A Warrant to bring a man in to be bound over. Master and Apprentices. W S. etc. Complaint being made, and Information being given to us against I S. of your Parish of Dale, that I F. of the same Parish, being a poor child, and his Parent● unable to maintain him, was by the Churchwardens and Overseers of the Poor there, and by allowance of the Justices of the Peace, duly and legally placed with, and bound to the said I S. according to the Laws in that case provided, and the said I S. ordered and appointed by the Justices to entertain him: But that he (albeit he hath had notice thereof) doth wilfully refuse so to do, in contempt of Authority. These are to require you forthwith to warn him to be before us, etc. at, etc. the first day, etc. to answer the premises, and to be then there yourself with this Warrant. Given under our Hands, etc. If he come not, then make this Warrant. To the Constable of D. in the County of G. W S. etc. Whereas complaint hath been made to us, etc. Recite the effect of the first part of the 2 Glouc. ss. former Warrant, and then say, And the said I S. having been duly summoned before to come before us to answer the premises, hath made default herein. These are therefore to require you, to apprehend the said I S. and him to bring before me, or some other Justice of Peace of this County, to put in Sureties for his appearance, at the next General Sessions of the Peace to be held for this County, to answer the premises; and in case he refuse so to do, that then you him convey to the common Gaol, etc. as in other Warrants of the Peace. To the Constables of D. in the County of G. Complaint having been made to me against I S. of your Town, Gent. that he in August last passed did hunt with his Spaniels in the ground of I M. where Corn did then grow, at the time when the same Corn was eared or codded, and standing, and without the consent of the said I S. then owner of the same ground, contrary to the Statute in that case, etc. By which he hath forfeited forty shillings to the said I M. the owner of the same ground. These are to require you (as in the first.) So for the next, if he come not, recite this. These are to require you to take, etc. and bring to put in Sureties to appear, and to answer the offence, and to pay the penalties, or receive the punishment by the Act appointed. And hereof, etc. So the like may be made against a Master that miscarries himself towards his Apprentice, and will not obey the Justice's Order. And so against them that refuse to repair Churches upon the Justice's Order, or that have Church-lands, and will not account for the profits; changing that that is to be changed. CHAP. XIX. Warrants for other things. 1 Glouc. ss. For Misdemeanour. W S. and I S. etc. To the Constables of Dale in the County of G. and every of them. These are to require and authorise you, and either of you, that upon sight hereof, or that upon Monday next by eight of the Clock in the Forenoon, you apprehend and bring before me to my house in Sale, I S. of your Town, Butcher, to answer to such matters of misdemeanour as on the behalf of our Sovereign Lord the King shall be objected against him. And not to fail. Given, etc. at Sale in the said County, etc. Another. That you attach the bodies of all and every the persons hereunder named, etc. Or thus: That you apprehend and bring before me, or some other of the Justices of the Peace of this County, the body of I S. of, etc. of whom C D. the bearer hereof will give you particular notice, to answer to such matters as on the part of the said C D. shall be objected against him. And hereof, etc. Observations upon this Warrant. This Warrant is very common, but not much approved by learned men; nor is it discretion in a Justice to grant, but in case of some great crime, which the Justice is not willing to name in his Warrant. But if it be for the Peace or good Behaviour, or any ordinary matter, it is very harsh not to give the party notice of it, that he may provide himself with Sureties, etc. 2 Glouc. ss. For robbing Orchards, etc. Either of these things are enough. W S. Esquire, etc. To the Constable of D. in the County of G. and to I S. of D. aforesaid, Labourer, and I B. of Dale aforesaid, Butcher. It being duly proved before me, that I S. of your Town, Labourer, hath within three month's last passed, cut and carried away the Corn and Hay of I K. of your Parish, or rob his Orchard of Apples, or cut his Hedges, Pales, or Fences, or digged and pulled up his Fruit-trees, or cut and spoiled his Trees and standing wood in Dale aforesaid, to the value of ten shillings; and that I B. of your said Town, Butcher, hath procured and abetted him so to do, and received from him, and bought of him divers of the same things, to the great damage of the said I K. contrary to the Act of Parliament in that case provided. I do therefore hereby require and order, that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order, pay to the said I K. ten shillings; and that the said I B. do within three days after notice to him given of this Order, pay to the said I K. twenty shillings, in recompense to him for his wrongs aforesaid. And that these payments be made in the presence of the said Constable, hereby commanded upon request to see it done. And hereof you are forthwith to give them notice; and if either of them shall not pay the same, that then you give me notice thereof, to the end that they may be whipped, according to the Statute in that case provided. And hereof, etc. Dated at D. etc. We think it not safe to give a Warrant to the Constable for nonpayment to whip: for how shall the Constable take conusance of it, or the offender be convicted of it? But rather let the Justice give his Warrant at first to whip him, after this manner. 3 Glouc. ss. W S. etc. (as in the last) to those words [in that case provided.] Wherefore the premises considered, and that I judge the said offenders, I S. and I B. unable to make satisfaction for the said wrong, I do hereby order, that they be forthwith committed to you the said Constable of Dale, to be whipped, the which you are hereby required forthwith to do at your peril. Given at L. in the said County, under, etc. The Officer is here to be punished by imprisonment for his neglect, if he do it not. But how he shall be convicted of the offence out of a Sessions, and by Indictment, we know not any way, and therefore offer no Precedents of Warrants for this. 4 Glouc. ss. For unlawful weights and measures. W S. Esquire, etc. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them. I S. of your Parish of D. being lawfully convicted before me, for selling by unlawful weights, or unlawful measures, and that he, the first day of May last, at Dale aforesaid, sold a pound of Currants Either of them w●ll serve. by a pound weight, or for selling a yard of Holland by a yard, not being according to the Standard of the Exchequer, contrary to the Act Grounded upon 16 Car. 19 of Parliament in that case provided; whereby he hath forfeited to the use of the Poor of your Parish five shilling, to be levied by the Churchwardens and Overseers of the Poor. The Churchwardens and Overseers are to do it without Warrant. These are therefore to give you notice hereof, and that you and every of you are by your Office forthwith to levy the same five shillings of the goods of the said I S. by distress and sale thereof, rendering to him the overplus. And in case you do receive the same money, that you do employ it to the use of your Poor, and give account thereof in the end of your year accordingly. And hereof, etc. Another. Either of them is sufficient. W S. etc. To, etc. I S. etc. being lawfully convicted before me, that he (such a time and place) did keep in his house or shop a pound weight, whereby he did usually buy and sell; or for keeping a yard-measure, whereby he did usually buy and sell; the same not being according to the Standard of the Exchequer, etc. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace. For shooting in Guns. If any man desire to put the Laws in execution against any man for shooting in a Gun, he may see the form of the Warrant and course of proceeding in Daltons' Just. of Peace, Chap. 126. CHAP. XX. Of Recognizances, and Bail and Mainprize. 1. Recognisance, what it is. A Recognisance is a Bond of Record, testifying that the Recognisor doth owe a certain sum of money to our Sovereign Lord the King, with Condition that the Recognisor shall do some other thing, for the which he is bound in that sum in the nature of a penalty. Wherein these things are to be known. 1. Justices of the Peace do take Recognizances for the Peace, good Behaviour, to bind men to appear at the Assizes, at the Sessions, and for many other causes. And for this any one Justice may do it. But to Bail a Prisoner for Felony, take a Recognisance of an Alehousekeeper, and the some other things, there must be two Justices to do it, and one alone cannot do it. 2. What sum the parties shall be bound in▪ or what Sureties the Recognisor shall have to be bound with him, it is left to the discretion of the Justice or Justices that doth take the Recognisance, in cases where the Law doth not set down the certainty, as in some cases it doth; and there they must not vary from what is prescribed, in the persons bound, sum, or manner of the Recognisance. But for the Peace and good Behaviour, appearance at the Assizes and Sessions, to give Evidence, and the like, the Justice may bind with what Sureties, and in what sums he pleaseth. 3. It is said, that Justices of Peace cannot bind over an offender against a penal Law, within their conusance, (not within the Commission of the Peace, nor committed to the power of any Justice of Peace,) except it be in a special case where the Law itself doth enable them to do it. 4. All such Recognizances must be made to our Sovereign Lord the King himself, and to none other, and in his own name. 5. The Justice of Peace need n●t affix his Seal to the Recognisance, but he must put his Name to it, and then it is good enough. Of Bail and Mainprize. Bailment what it is. BAilment or Mainprize (which is one kind of Recognisance) is the saving or delivering of a man out of prison, before that he hath satisfied the Law, by taking Surety of him that he shall appear and do it. Wherein these things are to be known. 1. The Justice of Peace must not bail one that is not bailable by Law. And on the other side, he must bail him that is bailable by Law, or he may be punished. 2. In case of Felony, there must be two Justices of Peace, and they two together present with the Felon to bail him. 3. The Sureties and the Sum are in his discretion; but if it be in case of Felony, he must see he take good Sureties for the Prisoners appearance, and bind him in a good sum to do it, or he may be fined for his neglect herein. If any Law appoint what the Sureties, and what the Sum shall be, that the party bailed must give, that must be pursued. 4. If the Justices shall at any time judge the Sureties insufficient, they may compel the party bailed to put him in better Sureties, or commit him to Gaol for lack of Bail. 5. It is said, That if the Sureties doubt the Prisoner, that he will run away and not appear, that they may take him and carry him to the Justice▪ and desire to be discharged, and that the Justice must discharge them, and that the principal is then to be committed till he put in new Sureties. The Forms of Recognizances. 3 Glouc. ss. Md. That the first day of May, I S. of D. in the County of G. Yeoman, came before me W S. Esquire, one of the Justices of the Peace of the County of G. at K. in the same County, and acknowledged himself by way of Recognisance, to owe unto our Lord the King, and his Successors, twenty pounds of lawful English money, to be levied of his lands and tenements, goods and chattels, to the use of our said Lord the King, and his Successors, if he fail in the Condition endorsed. If there be more than one to be bound, than it is thus: Md That the first day of May, I S. of, etc. C D. of, etc. and E F. of, etc. all three of them came before me, and acknowledged themselves severally to owe our Lord the King, and his Successors, ten pound● a piece, to be levied, etc. if I S. fail in the Condition endorsed. Another of the same. 4 Glou. ss. Md. That I S. of, etc. G D. of, etc. and E F. of, etc. the first day of May, etc. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawful money of England, to our Lord the King: And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece, of like lawful money, to our said Lord the King, to be levied of their lands and tenements, goods and chattels, by way of Recognisance, under the condition following, viz. Another of the same 5 Glouc. ss. Md, (As in the former) which several sums of money every of them hath acknowledged to owe to our Lord the King, and his Successors, if the said I S. shall make default in the Condition following, viz. Another of the same. 6 Glouc. ss. Md. That the first day of May, etc. at Dale in this County, I S. of, etc. C D. of, etc. and E F. of, etc. came before us W S. etc. two of the Justices, etc. and did undertake for L M. of, etc. each of them under the pain of twenty pound a piece of lawful English money: And the said L M. did then and there assume for himself in pain of forty pounds of like lawful money, and all of them to our Lord the King, and his Successors, to be levied of their lands and tenements, goods and chattels, by way of Recognisance, to the use of our Lord the King, if the said L M. shall fail in the Condition hereafter following, viz. If the party to be bound be within age, or a Woman married, than he or she must be bound by others after this manner, (as in the last, leaving out the last clause, And the said L M. etc.) And by these all other Recognizances may be made, for they are after one form, and the difference is in the Conditions, which do now follow. It is best to make them in Parchment; and yet being in Paper they are good enough in Law. If the Condition be on the back of the Parchment or Paper wherein the Recognisance is, as it must be to the two first Precedents abovesaid, that conclude (if he fail in the Condition aforesaid.) Then it must be thus: 7. To prefer a Bill of Indictment. The Condition of the Recognisance within written, is such, that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest. prefer, or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest. Labourer, now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep, of the goods of the said I S. (or for the felonious kill of T S.) and shall also then and there give the best evidence he can concerning the same, as well to the Grand Jury that shall then make enquiry of the Felony, as also to them that shall pass upon the Trial of the said A B. and not departed without licence of the Court; That then the same Recognisance shall be void. Or thus. The Condition, etc. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery, and shall then and there prefer, etc. (as in the last.) 8. To give in evidence. The Condition of the Recognisance within written, is, that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there, or at the general Sessions of the Peace to be held for the County of G. (as the case is) before the Justices of the Peace there, and then and there pursue and give the best evidence he can against one A B. late of C. in the said County, Labourer, now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not departed without licence of the Court; That then, etc. Or thus. That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden, then and there to inform the Court against one A B. of, etc. now a prisoner in the Castle, and not departed without licence of the Court; That then, etc. 9 To appear to answer a Felony upon a Bail. The Condition of this Recognisance is such, that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County, then and there to make answer to our Lord the King, for and concerning the suspicion of stealing certain corn; That then, etc. Another of the same, and to keep the Peace. 10. The condition, etc. That if the within bounden I S. shall personally appear before the Justices of the Gaol-delivery, to be holden in the said County of Glouc. at the next Assizes and Gaol-delivery there, (or before the Justices of the Peace of the County of Glouc. at the next general Sessions of the Peace to be held in the same County,) to do and receive that which by the Court shall be then and there enjoined him, and shall not departed thence without leave of the Court. And that in the mean time he be of good Behaviour, and do keep the Peace of our Lord the King, toward his Highness and all his People, etc. that then, etc. Another to the same purpose. 11. The Condition, etc. That whereas the within bounden I S. hath now lately dangerously hurt one L M. of, etc. so as the said L M. is thereby in danger of death: If therefore the said I S. shall make his personal appearance before the Justices of the Gaol-delivery, at the next General Gaol-delivery to be holden in the County of Gloucest. then and there to make answer to the premises, and to do and receive that which then by the same Court shall be enjoined him. That then, etc. Another. 12. The Condition, etc. That if the within bounden I S. shall personally appear, etc. then and there to make answer to such matters as on the behalf of our Lord the King shall be objected against him by I D. of, etc. concerning, etc. [then show the matter briefly, and conclude as in the rest before,] That then, etc. So in the Condition for the Peace, and good Behaviour, they may be made after the same manner, by changing only that which is to be changed. But if the Condition be annexed to the Recognisance, as it must be to the latter sort of Recognizances above named, that conclude thus, Under the Condition following, viz. then must they run in this manner. For the Peace. 13. That the said I S. shall personally appear at the next general Sessions of the Peace to be holden for the said County, and in the mean time that he shall keep the Peace towards our said Lord the King, and all other the people of this Commonwealth of England, and chief towards L M. For the good Behaviour. 14. That the said I S. shall personally. etc. (as in the last,) and in the mean time that he shall be of good Behaviour towards our Lord the King, and all, etc. (as in the last.) Where divers Recognizances are to be taken at once, some have used to put them all in one Roll of Parchment together, after this form. 15 Glou. ss. For Alehouse keepers. 15. Md. That at Dale in the County of Glouc. the first day of May, etc. I S. Victualler of, etc. came before me W S. Esquire, etc. and did acknowledge that he did owe to our Lord the King, and his Successors, by way of Recognisance, twenty pounds of lawful, etc. And G H. of, etc. and I K. of, etc. did then also acknowledge to owe to our said Lord the King ten pounds a piece of lawful English money, by way of Recognisance▪ to be levied of each of their, etc. under this Condition following, viz. That the said I S. being licenced to keep an Alehouse in the Town of Dale for one year now next following, shall not during the said term, suffer within his said house any play at unlawful Games; but shall there use and maintain good order and rule. And then writ under this. 16. G H. of I. etc. did then and there acknwledge to owe to our said Lord the King ten pounds; and N O. of, etc. and P Q. of, etc. did then and there acknowledge to owe to our said Lord the King five pounds a piece, in manner as aforesaid, and under the condition aforesaid. And so for the rest. Observations upon this Warrant. I cannot warrant the latter end of these Recognizances to be good, but am rather inclined to believe, they are all of them, but the first, naught. And therefore do advise the Justices of the Peace, and their Clerks, to make them at length, and to decline this form. Another form for the Peace, or good Behaviour. 17. Memorand. That A B. of C. etc. D E. of F. etc. G H. of I. etc. (such a time and place) came before me W S. Esquire, etc. and became Manucaptors, and undertook for T O. of, etc. That he should keep the Peace (or be of good Behaviour) towards our Lord the King and all his People, and especially towards I D. every of the Manucaptors under pain of ten pounds a piece, and T O. under pain of twenty pounds; and that the said T O. shall appear before the Justices of the Peace, etc. The Form of the Release of the Peace. Memorandum, quod primo die Julii, etc. prafatus E F. xenit noram me praefato T P. & gratis remisit & relaxavit (quantum in se est) praedictam securitatem pacis per ipsam coram me versus supra●●●inatum B C. petitam: In cujus eg● Testimonium ●● praefat T P. etc. Dat. etc. CHAP. XXI. Of a Mittimus. What it is. A Mittimus is an Order of Commitment of the person of a man to Prison, by a Justice of Peace, to an inferior Officer, for the time the Law appointeth, for some offence by him done. And as touching this in general, you may observe these things. 1. In every Mittimus care must be had to set down these two things: First, the offence; Secondly, the true manner and time of punishment. 2. That there is very little difference between a Mittimus, and a Warrant of Commitment. This is to the Officer to take and carry a man to Prison, and that to deliver him to the Gaoler, which doth imply a taking and carrying, both are to carry to Gaol: It may be easy therefore to change the form, and the one Precedent may serve for a light by which to make the other. 3. The Title and form of one of these hereafter set down, may serve to direct all the rest. 4. By these forms hereafter set down, any other may be easily drawn, with very little alteration. 5. If the Mittimus be for a Felony, and the Felon hath confessed it upon his examination, the Mittimus must say so, for than he is not bailable. Divers Forms of Mittimus. A Mittimus for Felony to the Gaol. 1 Glouc. ss. W S. and I S. Esquires, two of the Justices, etc. To the Keeper of the Gaol within the Castle of Glouc. or his Deputy there being. We send you herewithal the bodies of A B. and C D. charged before us with the felonious using, and practising of Witchcraft upon the body of a child of K L. (or charged before us by T C. of K. in the County of G. with robbing him on Friday last, and the taking of ten shillings from his person, which the said A B. and C D. upon their examination confessed.) Or thus; who stand charged before me upon the suspicion of stealing six Oxen, being the goods of Sir I E. Knight. Or thus; Who is charged before me with the suspicion of a certain Felony by him committed, as it is said: Or otherwise, as the case is. Commanding you to receive the same A B. and C D. into the said Gaol, and them there safely to keep, until they shall be from thence delivered by due order and course of Law. Hereof fail you not at your peril. Given under our Hands and Seals at C. within the said County, the day, etc. A Mittimus for a disturber of a Minister in the Service of God. 2 Glouc. ss. W S. etc. To the Constable of S. I send you herewith I S. of, etc. whom you are to take into your custody, and safely to keep for six days, for that he hath maliciously disturbed W S. of K. a Minister, in doing the service of God. Or thus; For that he caused W S. of K. a Minister, to be maliciously disturbed in doing the service of God. Or thus; For that he hath rescued L M. out of the hands of S T. an Officer, being by him apprehended for his malicious disturbance of W S. of K. a Minister, in doing the service of God. W S. and L M. etc. To the Keeper of the Gaol, etc. We send you herewith I S. of, etc. whom you are to take into your custody, and safely to keep in your said Gaol for three months, and till the next Quarter Sessions, for that it hath been proved before us by the Oaths of two Witnesses: Or thus, (by his own confession) if the case be so: that he hath maliciously disturbed W S. of K. Minister, in doing the service of God. And hereof, etc. Observations upon this Warrant. It is good to be well advised upon this Commitment, for some think the Statute upon which it is grounded is determined. A Mittimus for the good Behaviour. 3 Glouc. ss. W S. etc. Whereas C D. hath been, for matter of misbehaviour proved before me, by me required to find Sureties for his good Behaviour, which he hath refused to do. These are to require you, that presently upon sight hereof you receive him the said C D. herewith sent into your custody, and him to keep, and not deliver, till he shall find sufficient Surety for his good Behausour, and appearance at the next general Sessions to be holden for the said County. And hereof, etc. So for the Peace, changing that which is to be changed, after this manner. 4 Glouc. ss. Whereas C D. hath been for good cause by me required to find Sureties for the Peace, which he hath refused to do. These are, etc. (as in the last) till he shall find Sureties for the keeping of the Peace, and his appearance, etc. A Mittimus of the reputed Father of a Bastard-child. 5 Glouc. ss. W C. etc. I send you herewithal the body of I S. of D. in the said County, Labourer, brought before me this day, and charged by F O. of the same Town, to have gotten her with child: And for that the said I S. refuseth to put in security for his appearance at the next Quarter Sessions, and to the end he may be forthcoming, when as Order shall be taken for the relief and discharging of the said Town of G. and for the keeping of the said child, when it shall happen to be born, according to the Statute in that case provided. These are to require, that you do immediately receive the said I S. and him safely to keep in your Gaol, until such time as he shall be thence delivered by due course of Law. Dated, etc. A Mittimus for selling Ale, contrary to Command. 6 Glouc. ss. W C. and C D. etc. Whereas I S. of, etc. a common Alehousekeeper, upon complaint lately made to us, of the evil rule kept and suffered by him in his house, was by Warrant under both our Hands and Seals, discharged of his Ale-house-keeping, and forbidden to sell any more Ale or Beer. And we are credibly informed, that the said I S. doth notwithstanding obstinately, and of his own authority keep a common Alehouse, and commonly sell Ale and Beer. We do therefore herewith send you the body of the said I S. commanding you to receive him into your said Gaol, and there safely to keep him for three days without bail or mainprize, and afterwards, until he shall with two sureties enter into Recognisance, that he shall not keep any common Alehouse, or use common selling of Ale or Beer, and pay his Fine of twenty shillings, according to the Statute in that case provided. And hereof, etc. An Observation on this Mittimus. It is good to advise well upon this commitment, whether upon a bare complaint or information that a man doth sell after he is discharged, he may be committed? and whether there must not be before this a legal conviction of him for the crime. A Mittimus of an Overseer that refuseth to account. 7 Glouc. ss. W S. and L M. Esquires, two of the Justices, etc. To the Keeper of the Gaol within the Castle of Gloucest. We send you herewith I S. and W ●. the late Overseers of the poor of the parish of Dale, for that they being called before us, to give in a true account of the moneys by them received and laid out in the time of execution of their said Office, they did in our presence wilfully refuse so to do: We require you therefore them safely to keep without bail or mainprize, until they shall make a true account thereof, and satisfy and pay to the present Churchwardens and Overseers of the poor of the same parish, so much as shall thereby appear to be remaining in their hands. And hereof fail you not, etc. An Observation upon this Mittimus. This Commitment seemeth to me warrantable, because the offence is in the presence of the Justices, and there needs no conviction of it: But if he refuse to appear before the Justices, it may be doubtful. A Mittimus of a dangerous Rogue to the Bridewell. 8 Glou. ss. W S. and L M. etc. To the Master of Governor of the house of Correction, or his Deputy there. Whereas I S. a sturdy vagrant Beggar was this day brought before the Constable of Dale, and charged as well with begging and idle wand'ring abroad, as also with other disorderly behaviour, so as he appeareth to us to be dangerous to the inferior sort of people, contrary to the Laws of the Nation in that case provided. These are therefore to require you to receive the said I S. into your custody, and him safely to keep in your house of Correction, until the next Quarter Session's to be holden for this County. And that during all the time he shall continue with you, and be in his good health, you do hold him to work, and punish him by putting fetters and gyves upon him, and by moderate whipping of him. And that you give him no more for his maintenance, than what he shall deserve or earn by his labour. And that you have the said I S. and this Precept at the said next Quarter Sessions. A Mittimus of a vagrant or disorderly person. 9 Glouc. ss. W S. etc. We have sent you herewithal the body of E C. of G. in this County, being an idle, dissolute and disorderly person, and one that liveth idly, and wandreth begging about the Country, and brought before us by the Constable of Dale, whom you are hereby required to receive, and him to keep in your Bridewell to work, until he shall be from thence duly delivered by order and course of Law: And in the mean time you are to keep him to work, and see to it, that he have no more for his maintenance, than what he can get by his work. And hereof, etc. A Mittimus for one that runneth away, and leaveth her Charge to the Town. 10 Glou. ss. W S. etc. We have sent you herewithal the body of I L. of W. in the said County, single woman, being lately delivered of a child, and one that is able to labour, and thereby to relieve herself and her said child, and hath notwithstanding lately run away, and left her child upon the Parish, to the charge of the same Parish, contrary to the Statute in that behalf provided. These are therefore to require you to receive her, etc. (as in the last.) W S. etc. We send you herewith the body of I S. of, etc. for that she being a poor woman, able to work, and having a great charge of children, and like to charge the Parish, she doth threaten to run away from her charge, and leave it to the Parish. These are therefore, etc. (as in the last.) A Mittimus of the Mother of a Bastard-child. 12 Glou. ss. W S. We send you herewithal the body of I C. of W. in the said County, single woman, lately delivered of a Bastard-child, likely to be chargeable to the Parish of W. aforesaid; and for that the said I C. is able to labour, and that thereby she may the better relieve herself and her said child. These are to require you, to receive the said I C. in your Bridewell, there to be punished and set on work, during the term of one whole year, according to the Statute in that behalf provided. Observations upon these three last Precedents. These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them; for the Statute doth not prescribe any way of Conviction, unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons; for that being proved before by two witnesses, before two Justices, one of them being of the Qu●rum, this is a Conviction of Law. For a Mittimus for a forcible Entry, see it in Chap. 6. CHAP. XXII. About a Supersedeas. The Form of Supersedeas. 1 Glouc. ss. W S. To the Sheriff, Bailiffs, Constables, and other the Officers and Ministers of our Lord the King, for the keeping of the peace within the County of Gloucest. and every of them. Forasmuch as A B. of, etc. hath personally come before me at Dale in this County, and hath found sufficient sureties, that is, C D. of, etc. and E T. of, etc. either of which hath undertaken for the said A B. under pain of ten pounds a piece, and he the said A B. hath undertaken for himself under pain of twenty pound, that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people, especially towards G F. of, etc. Yeoman; and also that he shall personally appear before the Justices of the peace of the said County, at the next general Sessions of the peace to be held for the same County. Therefore I command you, and every of you, that you utterly forbear and surcease to arrest, take, ●mprison, or otherwise by any means for the said cause, to molest the said A B. And if you have for the said cause and none other taken or imprisoned him, that then you do cause him to be delivered and set at liberty without further delay. Given at Dale aforesaid, under my Hand and Seal, etc. Another for the same. 2 Glouc. ss. 2. For the Peace. W S. Esquire, etc. To the Sheriff of the County of Glouc. etc. and to all Constables, etc. Forasmuch as I S. of, etc. hath come before me, and found sufficient surety, that he shall keep the peace towards our Lord the King and all his people, especially towards I K. of D. aforesaid, and that he shall personally appear before the Justices of the Peace of the said County, at the next general Sessions of the peace to be holden for the said County. Therefore I require and command you, and every of you, that you do altogether forbear and surcease to attach, arrest, or imprison him the said I S. or otherwise to molest him by any means for the said cause. And if you have upon any Precept for the peace, and for that cause and none other already taken and imprisoned him, that then you do cause him to be delivered and set at liberty without further delay. And this shall be your Warrant. Given, etc. For a Felony. There may be a Supersedeas in case of Felony, where the prisoner is bailed, thus: Because A B. of, etc. hath come before us, etc. and put in sufficient bail to be before, etc. to answer the Felony wherewith he is charged, etc. Or thus. 3 Glouc. ss. W S. etc. To, etc. Forasmuch, etc. I do therefore require you, that from compelling and imprisoning the said A. and his Wife, or either of them any security for the peace towards our Lord the King, and all the People of this Commonwealth, before you or any of you again to find, you do supersede, or cause to be superseded. And if, etc. that then you do immediately them out of such prison, in which they, or either of them are detained, deliver or cause to be delivered, etc. Observations upon these Warrants. This last Supersedeas is good, though it name ●either the sureties, nor the sums wherein they are bound; but it is held the better Form to express both. 4 Glouc. ss. Upon a Supplicavit against an Infant. W S. &. To the Sheriff, etc. Know ye that I have received a Writ of our Lord the King, in these words; Charles, etc. (reciting all the Writ word for word.) Forasmuch as C D. of, etc. and E F. of, etc. and the said A B. (being the Infant against whom the Writ of Supplicavit was granted) have personally appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years, (to wit) either of the said manucaptors in twenty pounds a piece, which each of them have acknowledged to owe to our said Lord the King, by way of Recognisance, to be levied on their lands and tenements, goods and chattels, to the use of our said Lord the King, (to wit) that the said A B. no damage or ill shall do, or procure to be done to any of the people of this Commonwealth, in their bodies, or burning of their houses, and especially to T R. Therefore I require you, and every of you, to forbear, etc. (as in the rest.) This may also be to stay proceed of Arrest or Imprisonment against a man upon good Behaviour, or upon a Capias, upon an Indictment for Trespass, or the like, thus, 5 Glouc. ss. W S. To, etc. Forasmuch as I S. of, etc. came before me this first day of, etc. at Dale in this County, and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County, before the Justices of the Peace there, to answer to our Lord the King of certain trespasses, contempts and offences whereof he is indicted. Therefore I command you, etc. (as in the rest.) CHAP. XXIII. Of a Liberate. 1 Glouc. ss. W S. etc. To the Keeper of the Gaol in the Castle of Gloucest. Forasmuch as I S. of, etc. hath before us found sufficient mainprize to appear before the Justices of the Gaol-delivery, at the next general Gaol-delivery to be holden in the said County, there to answer the things that shall be objected against him touching the felonious stealing of two sheep, for the suspicion whereof he was committed to your Gaol. These are to require you, in case he be there detained in prison for this and no other cause, that you forthwith deliver him, and let him go at large. Given under our Hands, etc. 2 Glouc. ss. W S. etc. To the Keeper, etc. I S. being by me committed to your custody in your Gaol, till he put in sureties for the peace or good behaviour (as the case is.) These are, etc. (as in the last.) Observations on this. If one Justice of his own head commit a man to Gaol or Bridewell, he may again deliver him, and he need not show the cause: or if it be for the peace or, good behaviour, to tell the Keeper that he hath taken Sureties: we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner. By these other Liberates may be made. Of a Release. I have seen a Release of the Peace by a Justice of Peace that took it, and Precedents of Releases of the Peace and good Behaviour; but I understand not of what use they are; for the party must appear: only the Release of the Peace, etc. is an evidence that the Prosecutor is not afraid of him, and therefore the Court will not probably continue him bound. CHAP. XXIV. Of a Licence and Testimonial. 1 Glouc. ss. To sell Ale. W S. and I S. Two of the Justices, etc. Know all men by these presents, That we do hereby licence I M. of, etc. to keep a common Alehouse in L. aforesaid, in the house there where he now dwelleth, for one whole year next ensuing the date hereof, so that he do not, during that time, suffer any unlawful Games to be used, nor any evil rule or disorder to be done in the same house. Dated, etc. So to brew and sell Beer, and keep a common Alehouse, etc. 2 Glouc. ss. To travel on the Lord's day. W S. etc. To all, etc. I S. of, etc. where he now liveth, having informed me that he had a Father living at D. in the County of S. where he lieth now very sick, and he hath a desire to visit him. Now know ye, that for this cause I do hereby licence him to travel upon the next Lord's day the direct way to him; willing and requiring you not to molest him for the same, so he behave himself orderly in his travel. Dated, etc. 3 Glouc. ss. Describe him. To convey a Rogue. I S. a sturdy vagrant beggar of low personage, red haired, etc. and about twenty years, was this first day of May openly whipped at W. in the said County, according to the Law for a wand'ring Rogue, and is assigned to pass forthwith from Parish to Parish, by the Officers thereof, the next strait way to P. in the County of W. where (as he confesseth) he was born, (or dwelled last for one whole year, if the case be so) and he is limited to be at P. aforesaid within ten days now next ensuing at his peril. Given at W. under the Hands and Seals of W S. Esquire, one of. etc. and I D. the Constable of W. aforesaid. 4 Glou. ss. For one that hath suffered shipwreck, etc. Soldier, etc. W S. etc. one, etc. To all Constables, Tythingmen, etc. Forasmuch as I am credibly informed, that I S. the bearer hereof, of low personage, etc. hath been at Sea, and there the first day of May last suffered shipwreck, and hath not wherewith to relieve himself in his travel to the place of his birth (or last dwelling.) These are to desire you to suffer him to pass the next way to the said place, where he is limited to be within forty days next after the date hereof, and not to trouble, but rather to relieve him. The like may be for a poor Soldier. 5 Glouc. ss. To travel. W S. and I S. two of the Justices, etc. To all, etc. The bearer hereof, I S. of etc. having [show the cause of his travel] desired our Testimonial or Licence for his safe travel to the City of B. [show whither he is to go] wherefore we (as much as is in us) do licence him to travel the direct way from H. in the County of G. to the said City, so as his journey be not continued longer than twenty days next after the date hereof; and pray you to suffer him to pass in peace, so as he demean himself orderly. And by these a Testimonial may be made for other things; as, for a Labourer in Harvest-time to go into another Country to work, or a Servant departing at the end of his year. CHAP. XXV. Of a Certificate. A Certificate of the Presentment, or Verdict of the Jury may be made into the King's Bench; the like may be made of the Record of a Force viewed by the Justice. These Certificates (and the like) may be made by the Justice of Peace by way of a Letter, enclosing therein the Presentment of the Jury, or the Record of the Justice, except the same be removed by Certiorari, the forms whereof see in the end of this Cabinet, and Fitz. Nat. Brev. 242, etc. Or the Justice of Peace may deliver the same into the King's Bench without Certiorari, he being a Judge of Record. Of a Record or a Certiorari. It may be done on the back of the Writ, thus: I W S. etc. one of the Justices of the Peace of our Lord the King in the County of Gloucest. The tenor of the security of the Peace, of which there is mention in this Writ, (or whereof there is mention herein) to our said Lord the King into his Chancery under my Seal distinctly and openly, do send, as appeareth in the Schedule to this Writ annexed. Then writ the Recognisance verbatim. Md. that the first day of May, etc. came before me, etc. in witness whereof, I the said W S. have put to my Seal. Dated, etc. And let him set his Seal, and then file all this to the back of the Cerciorare. Writ upon the back of the Supplicavit thus: The execution of this Writ appeareth in the Schedule to the Writ annexed. And put his name to it. A Binding by Supplicavit. Then the Schedule may be thus, and filled to the back of the Writ. I W S. etc. certify in the Chancery to our Lord the King, That I by virtue of this Writ (to me first delivered by A B. in the Writ named) caused to come before me the first day of May, T R. in the same Writ named, and have compelled him to find sufficient security and manucaptors, according to the form of the said Writ (as the Writ doth appoint.) In witness whereof I have put my Seal to this present Certificate. Dated at C. aforesaid, in the County aforesaid, the said first day of May. And herewith the Justice may, if he will, send the Recognisance, or he may keep it till it be sent for by Certiorari. For Swearing, For Swearing. I W S. Esquire, one of the Justices, etc. do certify to the Clerk of the Peace for the County of Glouc. that the persons whose names are hereunto subscribed, were since the last Quarter Sessions convicted before me for swearing one profane oath a piece. Given under my Hand and Seal, this, etc. By these forms you may the better see how to make other Certificates. The Certificate of a Riot, see Dalt. Just. of P. Chap. 130. CHAP. XXVI. Indictments of Treason of several sorts, and the nature of the Judgements thereupon. For counterfeiting a Protection, and putting to it the Great Seal taken from other old Letters Patents. Juratores, etc. Praesentan● quod A B. nuper de C. in Com. H. Husbandman, & D E. praedict. Yeoman, machinantes quomodo populum Domini Regis nunc subtilissime possent decipere, vel defraudare, & Dominum Regem, de his quae ad ipsum Regem pertinent, & Regalia sua ut de feodi Magni Sigilli & hujusmodi exhaeredare, & veram Legem Angliae à toto tempore usitatam & approbatam subvertere & adnullare, 10ᵒ. die Janu. Anno, etc. apud R. in Com. S. deceptive, fals●, & proditoriè quasdam falsas Literas Patentes ad similitudinem scrip. Cancellar. Domini Regis, contrefect. quasi essent Literae Patentes de protectione ipsius Regis, sub nomine J C. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae praedictae script. hunc tenorem continent, viz. C. Dei gratia, etc. (reciting the Letters Patents verbatim.) A cum idem A B. & D E. dictas falsas Literas Patentes sic ut praemitt. contrafecissent, non habentes Magnum Sigillum Domini Regis, deceptiuè, falsò, & proditoriè machinant: qualiter ipsi falsas & fictas Literas Patentes hujusmodi subtilius possent sigillare, & Magnum Sigillum Domini Regis contrafacere, dicto 10ᵒ. die Janu. Anno supradict. apud H. in Com. praedict. quoddam Magnum Sigillum Domini Regis, super quasdam Literas Patentes ipsius Domini Regis praeantea pend. & debite impositum, acceperunt, assumentes sibi Regiam potestatem, & ipsum Regem regali sua authoritate (quantum in eis fuit) privant. adtunc & ibidem cum quodam cultello arripuerunt, & illud dictis falsis, fictis, & contrafactis Literis Patentibus, deceptiuè & proditoriè apposuerunt & annexerunt, & easdem literas sigillaver. sigill. ill. subtiliter recludend● quasi sic non fecissent, & sic Magnum Sigillum Dom. Regis, adtunc & ibidem proditoriè contrafecer. & cum praemissa sic fecissent, dictas falsas, & contrafactas Literas Patentes, (ut praedicitur,) sigillat. 7ᵒ. die Martii, Anno, etc. apud Villam de N. in Com. M. ac in diversis aliis locis ejusdem Com. tanquam Literas Patentes ipsius Domini Regis de protect. deceptivè, falsò, & proditoriè publicaverunt, & diversas pecuniar. summas de diversis ligeis Domini Regis receperunt colore dictarum falsarum, fictarum, & contrafact. Literarum Patent. in deceptionem Domini Regis, ac populi sui praejudicium, & exhaeredationem dicti Domini Regis manifestam, contra pacem ejusdem Domini Regis, Coronam & Dignitatem suas, ac contra formam Statut. in hujusmodi casu edit. & provisi. Judgement, to be drawn and hanged, for a man; and for a woman, to be burned. An Indictment for clipping of Gold and Silver, and uttering the same. Juratores, etc. quod E B. de Civitat. Lincoln. Pedlar, die & anno, etc. ac diversis diebus antea & postea apud Civitat. praedict. 40 pec. auri vocat. P. ac 400 pecias argenti voc. Groats, bonae & legalis monetae Angliae, & cunagii dict. Domini Reg. pro lucri causa falso, felon. & proditoriè totondit & filavit, i●a quod per tonsionem & filationem illas quaelibet pecia auri inde de 12 d. in suo debito pondere diminuebatur, & quaelibet argenti inde de un● obulo in debito suo pondere diminuebatur, & monet. ill. in forma praedict. tonsam & filat. diversis li geis dict. Dom. Regis apud Civitat. praedict. in Com. praedict. falsò, felon. & proditoriè exposuit & utteravit, contra formam Statut. etc. ac contra Pacem, etc. Judgement ut supra. For a Jesuit, and his Receiver. High Treason in the Jesuit, and Felony in the Receiver, without Clergy. Inquiratur pro Domino Rege: Si A B. nuper de C. in Gomitatu praedicto Clericus, natus apud D. in Comitatu praedicto, atque infra annum jam proxime praeteritum factus & prof●ssus Jesuita per authoritatem à Sede Romana derivatam, proditoriè apud D. praedict. in Comitatu praedict. septimo die Apr. anno Regni dicti Domini nostri Caroli, Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. duodecimo, à partibus transmarinis applicuit, & dicto septimo die anno supradicto, & nonnulliis aliis diebus tunc proximè sequentibus apud D. praedict. in Comitatu praedict. proditoriè moram fecit, ac remansit, contra formam cujusdam Statut. in Parliamento nuper Dominae Reginae Elizabethae tunc tente apud Westm●nasterium in Comitatu Middlesexiae, anno Regni sui vicesimo septimo, in hujusmodi casu provisi & editi, ac contra Pacem dicti Domini Regis, Coronam, & Dignitatem suas s Etsi N P. de D. praedict. in dicto Comitatu generosus scienter, voluntariè, & felonicè, postea scilicet, dicto septimo die dicti mensis Aprilis anno supradicto, praedict. A B. apud D. praedict. in Comitatu praedicto receptavit, & comfortavit: dict. N P. ad tunc & ibidem ad largum, & extra prisonam existent. ac Praefat. A B. hujusmodi Jesuitam esse, tunc & ibidem sciente, & cognoscente; contra formam Statuti praedicti, ac contra Pacem, Coronam, & Dignitatem dicti Domini Regis nostri. Indictments for Felonies of several sorts. For killing a man by Witchcraft. Felony, without Clergy. Juratores praesentant pro Domino Rege; Quod S B. de C. in Comitatu praedicto Spinster, 19 die Augusti anno regni dicti Domini nostri Caroli, Dei gratia Angliae, etc. duodecimo, ac diversis aliis diebus post dictum 29 diem, quasdam artes detestandas, Anglicè vocatas Witchcraft and Sorcery, nequiter & felonicè practicavit & exercuit apud C. praedict. in Comitatu praedict. in, super, & contra quendam Jacobum M. de C. praedict. in dicto Comitat. Yeoman, per quas quidem artes dictus I M. à praedicto 19 die Augusti, Anno 12o. supradicto, periculosissime ac mortaliter agrotabat & languebat: Ac 25 die dicti Augusti, Anno supradicto, idem I M. per artes praedictas apud C. praedict. in dicto Comitatu obiit. Et sic Juratores praedicti praesentant, quod eadem S. ipsum Jacobum M. apud C. praedict. modo & forma supradictis, ex malitia sua praecogitata, voluntariè, diabolicè, nequiter ac felonicè per Artes praedict. occidit ac interfecit, contra Pacem dicti Domini Regis nostri, ac contra formam Statuti in Parliamento Domini nostri nuper Regis Jacobi (tento apud Westm. in Comitatu Middlefexis, Anno Regni sui primo) in hujusmodi casu provisi ac editi. For Burghlary in a Church. Clergy denied. Juratores praesentant pro Domino Rege, quod W B. de D. in Comitatu praedict. Tailor, secundo die Maii Anno Regni dicti Domini nostri Caroli, Angliae, etc. 12ᵒ. vi & armis Ecclesiam parochialem de D. praedict. in dicto Comitatu, felonicè & burghlariter fregit & intravit noctanter, viz. inter horas 10am am. & 11 an. post meridiem ejusdem diei, ac unum Calicem Argenteum, (Anglicè vocat. A Communion Cup,) ad valentiam 70 Solidorum, de bonis & catallis Parochianorum de D. praedict. ad tunc existentem in eadem Ecclesia, & tunc ibidem inventum felonicè cepit, & asportavit, contra pacem dicti Domini Regis nunc, Coronam & Dignit atem suas. For the Rape of a Womanchild, under ten years of age. Clergy denied. Juratores pro Domino Rege praesentant, quod T S. de N. in Comitatu praedicto, Labourer, primo die Junii, Anno Regni dicti Domini nostri Caroli, Dei gratia Angliae, etc. 12ᵒ. apud N. praedict. in dicto Comitatu (in domo mansionali ibidem cujusdam R B. Yeoman) vi & armis in quandam M O. de N. praedict. in dicto Comitatu puellam, infra aetatem decem annorum tunc existentem, insultum fecit, ac tunc & ibidem, eandem M O. felonicè, ac carnaliter cognovit, ac eadem M O. nequiter abusus est, contra Pacem dicti Domini Regis nunc, ac contra formam Statuti in Parliamento nuper Dominae Reginae Elizabethae (tento apud Westm. in Comitatu Middlesex, Anno Regni sui decimo octavo) in hujusmodi casu provisi ac editi. For taking away a Widow (against her will) that hath Lands. Clergy denied. Juratores praesentant pro Domino Rege, quod A B. de C. in dicto Comitatu Taverner, nono die Maii, Anno Regni dicti Domini nostri Caroli Dei gratia Angliae, etc. 12. vi & armis in domum mansionalem cujusdam B H. de C. praedict. in Comitatu praedicto viduae, infra Parochiam de C. praedict. in Comitatu praedict. intravit, (quae quidem B H. tum setsitae fuit in dominico suo ut de feodo, de & in diversis terris & tenementis in C. praedict. in Comitatu praedict. clari annui valoris decem librarum ultra omnes reprisos existentibus) ac immediatè postea, viz. dicto nono die Maii, anno supradicto, idem A B. praedictam B H. tunc ibidem in dicta domo sua in pace Dei, ac dicti Domini Regis existentem, ex dicta domo sua mansionali contra voluntatem ipsius B H. illegitimè ac felonicè extraxit, eripuit & abduxit, ac eandem B H. postea (scilicet duodecimo die dicti mensis Maii, anno supradicto) in Ecclesia parochiali de C. praedict. in Comitatu praedicto cepit in Uxorem suani; ubi idem A B. dicto tempore extractionis & abductionis praedictae, non clamavit, nec clamare potuit eandem B H. tanquam wardam suam, aut tanquam nativam suam: In magnam pacis dicti Domini Regis nunc perturbationem, ac contra formam cujusdam Statuti in Parliamento Domini Henrici nuper Regis Angliae septimo, tento anno Regni sui tertio, in hujusmodi casu provisi ac editi. See 39 Eliz. cap. 9 whereby Clergy is taken away from Principals, Procurers, and Accessaries before the offence committed only. An Indictment for marrying a second Wife, the former being alive. Juratores pro Domino Rege, etc. praesentant, quod A B. de C. in Comitatu praedicto, Yeoman, die & anno, etc. apud D. in Comitatu praedicto secundum leges sanctae Ecclesiae cepit in Vxorem & maritavit quandam I F. modo in plena vita apud K. in Comitatu praedicto existentem. Et quod idem A B. posteà, scilicet die, etc. anno, etc. timorem nec honorem Dei omnipotentis prae oculis suis non habens quandam M B. apud L. in Comitatu praedicto nequiter & felonicè in Uxorem duxit & maritavit (praedict. I F, tunc vivente, & nullo divertio inter ●as praehabito) contra formam Statuti in hujusmodi casu editi & provisi, & contra Pacem, etc. An Indictment for acknowledging a Recognisance in the name of another 21 Jac. c. 26. without his privity. Clergy denied. Juratores pro Domino Rege, etc. praesentant, quod A B. de C. in Com. D. gen. die, etc. anno, etc. apud S. in Com. praedict. venit coram I H. Ar. uno Justitiariorum Dom. Regis nunc ad Pacem in Com. praedict. conservand. assignat. & tunc & ibidem coram praefato I H. in nomen cujusdam R P. Ar. quandam Recognitionem pro conservatione Pacis dicti Dom. Regis in summa viginti librarum Sterl. dicto Dom. Regi nunc absque notitia, aut consensu praedict. R P. felonlcè recognovit, contra formam Statuti, etc. The like for a Stat. Merchant, Staple, etc. upon 21 Jac. mutatis mutandis. An Indictment of Trespass De mulier● abducta cum bonis viri. Fine and Imprisonment. Juratores pro Domino Rege, etc. praesentant, quod I P. de, etc. die, etc. anno, etc. vi & armis, etc. quandam M. Vxorem cujusdam A. apud S. in Com. predict. rapuit, & eam cum bonis & catallis ipsius A. viz. una toga, etc. ad valentiam, etc. cepit, & ●bduxit, & ea ei adhuc injustè detinet, contra Pa●em Dom. Regis nunc, Coron. & Dign. suas, & con●ra formam Statut. in hujusmodi casu editi & provisi Against Bakers conspiring to make small Bread. Judgement, Fine and Imprisonment. Juratores pro Dom. Rege, etc. praesentant, quod A B. C D. E F. & G H. de M. in dicto Com. pistores, secundo die mensis Maii, Anno Regni dicti Domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Reg. fidei defensor. etc. 12. apud M. praedict. in Com. praedict. insimul convenerunt, conspiraverunt, ac mutuò inter se promiserunt, quod panis den●ari●, vocat. The penny Loaf, de integro frumento, per eos seu eorum aliquem tum d●inceps faciendus ac vendendus, non amplius quam sex uncias Trojae ponderis habebit & ponderabit, quodcunque in posterum foret unius quarterii ●r●●ium: in dicti Domini nostri Regis subditorum gravamen, nec non contra formam diversorum Statutorum in bujusmodi casu provisorum & editorum, & contra Pacem, etc. An Indictment against a Vintner for selling of Wine and Ale by false measures, and breaking the Affize. Judgement Ut supr●. Juratores, etc. dicunt & praesentant, quod A B. de C. in Com. M. Vintner, die, etc. anno, etc. assisam Vini & Cervisiae nimis cara venditione, & falsis mensuris eorundem apud C. praedict. fregit; contra formam Statut. in bujusmodi casu editi & provist, & contra Pacem, etc. Against a Butcher for selling unsound Meat. Judgement Ut supr●. Juratores, etc. praesentant, etc. quoth A B. de C. in Com. D. praedict. Macellarius, die, etc. anno, etc. apud C. praedict. carnes insalubres, (viz. putrid. corrupt. & ventilat) fraudulenter, subdolè, & deceptiuè venditioni exposuit; in malum exemplum, & magnum periculum subditorum Dom. Regis nunc, & contra Pacem, etc. The like against a Fishmonger, or any other that selleth corrupt Bread, Wine, Ale, or, etc. mutatis mutandis. FINIS.