A New SURVEY OF THE Justice of Peace HIS OFFICE.  
Wherein is briefly, yet clearly opened the several Parts thereof: And what one, or more Justices of Peace may do therein, in, or out of the Sessions of the Peace, by all the Laws made to this Day; and now in force.  
With the Names, or Times, of the Statutes, Acts, and Ordinances themselves, relating to this Office.  
Alphabetically set down under apt Titles.  
By W. S. Sergeant at Law.  
LONDON: Printed by J. S. and are to be sold in Fleetstreet, the Temple, and Holburn. 1659.   

To the READER.  
Courteous Reader,  
THere is a little Piece on this Subject made by one (as I am informed) That is dead, of which there hath been several Editions: And being earnestly Entreated to make some Additions to it, especially of the New Laws that hath come forth since that time; The which while I considered thereon, I concluded within myself, That the Labour would not be much more to make a New Book, by way of an Abridgement, to all the Larger Volumes: For the Office of a Justice of Peace being Large, and the Books that have been writ on that Subject so numerous, that those who have much other business Incumbent on them, will not have leisure to read those Larger Treatises. There are some things very obscure, Therefore I have digested this small Piece for a more Compendious and plain help therein, Observing this Method in it, That in things which happen but seldom, I am very short, and do only refer to the Laws themselves that give directions about them; But in those things that are Common, and of daily use to the Justices of Peace, I am more Exact, and Full. At the latter end of this Work, you shall meet with Certain Questions and their Answers; which will be of very great Concernment and use. And so I shall send this amongst you, after the rest of my former Pieces, and desire to continue  
Your true Friend, W. S.   


CHAP. I. Of some things necessary to be known for the better understanding of this Work.  
FOr the better understanding of this whole WORK, we must know,  
1. That which we shall do in this whole Work, is, 1. To say a little to the general power of the Justices of the Peace. 2. To show what the Justices of Peace may do out of the Sessions of the Peace. 3. What they may do in their Sessions of the Peace. 4. What they may do, in or out of the Sessions of the Peace. 5. What they may not do, in or out of the Sessions of the Peace.  
2. By that which we say may be done by one Justice of the Peace, we inteud that it may also be done by two or more Justices of the Peace. And so by that which may be done by two, that it may also be done by three or more Justices of the Peace.  
3. Where we say, A thing may be done by two or more Justices; there it cannot be done by fewer than that number.  
4. When we say, That it is requisite to the doing of a thing by the Justices, that one or two of them that do it, be of the Quorum, than it cannot be done by others.  
5. Where we say, That one or more Justices of the Peace may do a thing, we do hereby intent also, that he or they ought, and it is his or their duty, to do it. And it may be expected from him or them if it be required; and he or they may in one way or other be blamed for his or their not doing of it. And wherein we say, He is commanded, or aught to to do, or must do, or is to do, such a thing; by this we intent also, That he may and hath power to do the same thing.  
6. Where we say, One, or two Justices may do a thing, and do not add, (and one of them of the Quorum), there we intent, that any Justices, whether of the Quorum, or not of the Quorum may do it.  
7. Where we say, Justices of Peace have power to do a thing; there we intent, That not only the Justices of the Peace of Counties, have power to do the 
Mayors, Bailiffs, etc.  same thing within their Counties; but that Mayors, and other Head-Officers also that are Justices of the Peace within Cities, etc. may do the same thing within their Cities, etc.  
8. Where we say, The Conviction is 
Conviction. Confession.  to be by the Confession of the party, or by Confession only; by this we mean, the Confession of the party offending. Where we say, It is to be by view; by 
View.  this we mean the view, or sight of the Justice of the Peace himself. Where we say, the Conviction must be by proof of Witness, we do not intent by this, 
Witness.  that it must be by proof of Witness upon Oath; unless we so express it.  
9 Where we speak of a Warrant, 
Warrant.  that the Justice or Justices of the Peace may make; and say not, what kind of Warrant, or to whom it shall be directed, we do generally intent a Warrant in Writing under the hand and seal of the Justice or Justices of the Peace. And that it be directed to the Constable, Tythingman, or other Officer of the place. And where we say, That the warrant is to be sent to the Constable, and no more, we do by this generally intent the Constable of the place where the offender dwells.  
10. Where we speak of sale of goods, 
Rendering, etc.  rendering, etc. and say no more, we do by this intent, That the Officer is to prze and sell the goods Distrained, and to keep up so much of the money as the Forfeiture is, and return the overplus to him that did owe the goods.  
11. Where we say, Levied by his or 
His or Their.  their Warrant, we do intent hereby the Warrant of the Justice or Justices of the Peace.  
12. Where we say, The Justices 
Where &c.  where, etc. or the poor where, etc. and no more, we do hereby intent, the Justices of the County, or the poor of the place where the offence is committed. But where we say, the Justices or the Poor, where or where, etc. by this we 
Where or where, etc.  do generally intent, that the case is such, That the Warrant must be penned and directed according to the Act which sometimes is meant of the Justices of the County, and poor of the place where the offender doth live, or is first apprehended. And sometimes where the offender doth live, or the offence is done. In this case the Statute must be looked into.  
13. Where we say, That the Forfeiture shall go to the use of the poor, 
Poor.  etc. and say not what poor; we do generally intent the poor of the place where the offence is committed.  
14. Where we say an offender is to be punished, to be convicted, or the penalty 
Before, or In the last.  levied, or the offender disabled, etc. [as before, or as in the last]; we do by this intent, that the proceeding against the offender is in that offence, as it is directed to be done for that offence which went last before it.  
15. Where we set down times of the Kings and Queens; as 1 jac. 27. 43 Eliz. 2. and times of the year of the Lord; as 6 April, 1654. and the like; By this we mean the Acts and Ordinances of Parliament set forth in those days and times, which by search may by this light be found out.  
16. Where the Justice doth intent to act any thing upon any one Head, our advice is, that he read it through before he do it.   

CHAP. II. Of the Power of justices of the Peace in the general.  
AS to this Point, Of the Power of the Justices of the Peace in general, these things are to be known:  
1. That the Power that the Justices 
How derived to them.  of the Peace have, is given to them partly by, and from the Commission of the Peace, and therein by the Common Law. And partly, by certain Acts and Ordinances of Parliament. And some of it is conversant about Criminal matters for the restraint, and punishment of divers offences. Some of it is about other things necessary to be done in the Commonwealth, and for the better ordering of the County; as for the making of Officers, settling of Rates, and the like. By their Commission of the Peace, they are authorized to look to the Peace of the County, to punish according to the Law those that break it, require and take Surety of the Peace of all such as threaten hurt to others in their bodies, or to burn their houses, and send to Gaol such as refuse to give Surety. And to punish many offences tending to the breach of the Peace. Some offences that are offences by the Common-Law, and some by the Acts and Ordinances of Parliament. Some of which Acts and Ordinances have made new offences, and have given the Justice's power to punish them. And some of these also give them power to punish offences that were offences by the Common-Law in a higher degree, or in a greater measure than they were punished before by the Common-Law.  
2. This power is over all persons 
Over whom it is.  within the County, Except their Fellow-Justices, and the persons that live in such places within the County, that are exempt, having Justices within themselves.  
3. This power the Justice of Peace may exercise and execute, part of it, as 
What they may do out of their county.  to take Informations against offenders, to prove offences done in the County where they are committed, or to take the Oath of a man rob, whether he know the parties that rob him or not; or to take a Recognizance by Supplicavit, or the like, in any place out of his County; where also he may take a Recognizance to prosecute, if any man will voluntarily give it. But he cannot exercise any coercive power; as to commit a Felon, make an order, about a Bastard, comm●t to prison for any offence, or the like in any place out of his own County, wherein he is Justice of Peace. Hellier's Case. 7. Car. B. R. Sir George Croke Report. 153.  
4. Some of these things wherein they 
Where it is to be Acted.  have Conusance, may be done out of, and some of them must be done in, the Sessions of the Peace for the County, and cannot be done elsewhere.  
5. That which is to be done in the 
What they may do together, and asunder.  Sessions of the Peace, may generally be done by two Justices of the Peace, one of them being of the Quorum. But there are some few things by certain Acts of Parliament that cannot be done there but by more than two Justices.  
6. The things to be done out of the Sessions, may some of them be done by one, some by two, and some by more Justices of the Peace, and cannot be done by sewer.  
7. Where sewer Justices of Peace in or out of the Sessions have power to do a thing, there regularly more Justices of the Peace may do the same thing in the same way, and in the same place. Yet see Chap. 7. Sect. 6. Numb. 30.  
8. That which one, two, or three Justices of the Peace may do out of the Sessions of the Peace, regularly, the same thing in the same (but not in another) way, may by the same number of Justices of the Peace, be done within the Sessions of the Peace.  
9 Where a thing is ●● be done by the Justices, with the assent of others, neither of them alone without the other may do this thing.  
10. What a private man, or Inferior Officer of the Peace may do, in order to the keeping of the peace; that doubtless a Justice of Peace may do.  
11. Any one Justice of Peace in the execution of his Office; as to apprehend 
Posse Comitatus.  Felons, keep the peace, or the like, may require the Assistance of what able men he pleaseth. And those required, must assist him; or they may be punished for Refusal.  
12. For any thing the Justices do out of the Sessions, they are liable to a suit for the same, as another man is. But for such Acts as are done in a Session's way, as Acts of the Court, they are not liable to a Suit. But any man that is grieved thereby, may upon his Appeal to the Upper-Bench, have Relief there, and avoid such Acts.  
But we shall open this Power now by the particulars thereof. And first in what they may do out of, and then in what they may do in their Sessions of the Peace. And first of the first.   

CHAP. III. Of the Power of one or more justices of the Peace out of the Sessions.  

SECT. 1. About Armour; and Armed Men.  
AS to Armour and Armed-men, these things are to be known:  
1. That any one Justice of Peace, if he see men go, or ride armed in an unusual way, (with secret Coats of Mail, Daggs, Pistols, or the like) by day, or by night, to the terror of the people; he may, if he think fit, and aught (if he judge it necessary to be done) to cause them to be disarmed, imprisoned, and bound to the Peace. But 
Sheriff's Soldiers.  Soldiers, and Officers, in the doing of Justice, may go armed, and are not to be interrupted. Upon Stat. of Northhampton. 2. Ed. 3.  
2. Any Justice may (if he see cause) cause to be disarmed any man that is brought before him upon any Suspicion of Crime.  
3. If any man keep in his house, carry in his Journey, or do shoot in any 
Guns.  Gun, Crossbow, Stone-bow, or Pistol, contrary to 33 H. 8. 6. And another man shall according to that Act bring him before a Justice of Peace; The Justice of Peace may by that Law, upon examination of the offender himself, and proof of Witness, commit the offender to Goal, till he pay the penalty of 10 l. 
Escheat:  And this fine the Justice is to extreat and send into the Exchequer. But if any 
Caution to justices.  Justice shall resolve upon the doing of any thing, upon this Branch, our Counsel is, that he do it by very good advice; especially in case where the offender doth deny the matter of Fact.  
4. For the disarming of Recusants, ●ee Recusants. Sect. 45. of this Chapter.   

SECT. 2. About Bail or Bailment.  
AS to this, these things are to be known:  
1. Any one Justice of Peace may ●ad or deliver out of prison, any p●●soner that is a prisoner for any offence within the Connusance of the Justices of the Peace, and that is bailable by the Law; as, where a man is arrested on a Session's process for Trespass, or such like thing. But no one Justice may bail a man in 
Felony.  prison on a suspicion of Fclony, or greater Crime. 3 Ed. 1. 15.  
2. But there must be two or three Justices of the Peace, and one of them of the Quorum, to Bail such as are in prison upon a suspicion of Felony. And they two must be together when they do it. And before they do it, they must take the Examination of the prisoner in writing. And this Examination, with the Bail and Recognizances for the appearance of the Witnesses, they must certify to the next Gaol-delivery; or they 
Certificate.  may be fined by the Judges. And so they may be, for bayling a man not 
caution to justices.  bailable. 2 Mar. 13. 3 H. 7. 3.  
3. No Justices may bail one in prison for Treason, or for the death of a man, or for any great offence, in case where he doth confess the offence, and the Mittimus of the Justice or Justices of Peace by which he is sent to Gaol, doth so express it.  
4. No Justice may bail a prisoner in any case, where any Law doth expressly forbid the taking of Bail in that case. 1 & 2 Ph. and M. 13.  
5. Where any Statute doth appoint the Bail to be taken by more Justices than one; there no one Justice may bail the prisoner. 3 H. 7. 3. 2 Mar. 13.  
6. Where two Justices may bail one that hath recanted his blasphemous opinions. See Blasphemy.  
7. How Bail is to be given, and the Recognizance to be given in such cases, See my Justice of Peace Clerk's Cabinet. Chap. 24.   

SECT. 3. About Bargain and Sale.  
ANy one Justice may join with the Clerk of the Peace, to take, and enrol a Deed of Bargain and Sale of Land acknowledged before them within six months. Upon 27 H. 8. 16.   

SECT. 4. About binding to the good Behaviour.  
AS to persons of ill Name and Fame, 
Suspect-Theeves.  such as are generally suspected to be Thiefs or Robbers, or that keep company with such men. Common Cheaters or Couzeners, that get money 
Cheaters.  by false Tokens, false Dice, counterfeit Letters, or the like. Common-Quarrellers, Fighters, or Breakers of the 
Common-Quarrellers.  Peace. Such as are like to commit Murder, or outrage. Such as are common Libelers and Slanderers. Such as 
Libelers and Slanderers. Poisoners.  are common hedge-breakers, and woodstealers. Such as endeavour to poison men, or do poison , or the like. Such as lie in wait to rob, maim, or kill men: Rioters, Common-Drunkards, 
Rioters. Drunkard's  (as some say) yet see for this, 4 jac. 5. which as to the Drunkard makes it a little doubtful. Lewd and incontinent persons, that either keep or 
Incontinent persons. Eavesdroppers. Barrators. Nightwalkers.  haunt Bawdy-houses. One that hath or is suspected to have a Bastard. Common Eavesdroppers, common Nightwalkers. Common-Barrettors. Persons that live idly and into dinately, having no Esture nor Calling to live by, and yet spend much. Such as manifest contempt of Magistrates, and such like persons. And any one Justice of Peace may (as it is generally held, and practised) upon his own knowledge, and of his own head, or at the request of others, and upon Information of Witnesses upon Oath, as in his discretion he shall judge it meet, send his Warrant to apprehend them, and bring them before him, or some other Justice of the Peace, to put in Sureties for their good Behaviour, and 
Surety of the good Behaviour.  to appear at the next Sessions. And if the offender be in his presence, require him to put in such Surety as the Justice shall think meet. The which if he will not, or cannot do; the same Justice may by his Mittimus send him to the Common Gaol till he so do. But in all these cases it is most safe for the Justices to go upon generals, and not upon a particular. And it is good for Justices of the Peace to have this work (as much as may be) 
Caution to the Justices.  done upon Articles exhibited, and well proved. And before two Justices of the Peace; and indeed most safe to do it in the public Sessions. But for this, see the Books at large, and my Books of this Office, Chap 18.  
For a Warrant for the good Behaviour, and Mittimus to send the party refusing to be bound, to the Goal, see Clark's Cabinet for Justices, Chap. 9 Numb. 3. Chap. 25. Numb 3. Chap. 24. Numb. 17.   

SECT. 5. About Binding over.  
1. IT is said, that in cases where a Justice of Peace hath power given him by an Act of Parliament, to enforce a man to do a thing, and he is in his presence, and doth refuse to do it, That in this case he may send him to the Goal, or bind him over to the Sessions, etc. And that a Justice of Peace may bind over a man that is an offender against a penal Law, and that before he is Indicted. But it is good to be well advised 
Caution to Justices.  herein, before a man doth it; and to consider what he may do to the party, in case he refuse to be bound.  
2. One Justice may bind over to the 
Challenge.  Sessions him that fighteth, or is about to fight a Duel. See Challenge.  
3. There must be three or more Justices 
Depravers of the Sacrament.  of the Peace, and one of them of the Quorum, after examination taken against him that depraveth the Sacrament, to bind over the Accuser and Witnesses. Upon 1 Ed. 6. 1. See more of this in other Titles.   

SECT. 6. About Blasphemy and Heresy.  
AS to him that maintaineth any of the blasphemous opinions first named in the Ordinance of May 2. 1648. That there is no God, or he is not present in all places, doth not know all things, is not Almighty, etc. There must be two Justices of the Peace, who upon proof thereof before them by the Oath of two Witnesses, (which the Justices may administer) or the Confession of the party himself, may commit the offender to prison without Bail, and bind over the Witnesses to appear at the next Gaol-delivery. And so likewise they may take bond, with two Sureties, Subsidy-men, of the offender herein, being convicted upon his Trial, and having renounced his opinion, that he will never hold it again.  
2. And as to the opinions lastly named in this Ordinance, (viz.) That all men shall be saved, or that man by nature hath  to turn to God, or that God may be worshipped in or by pictures, etc. there must be two Justices of the Peace, and one of them of the Quorum, who upon the like Conviction as in the last, may order him to renounce his opinions in the Congregation whence the complaint came, or where the opinion was held; or if he refuse so to do, to send him to Gaol till he give bond never to do so again. But here the Justice must see to it, what it is that he 
Caution to Justices.  is about to punish. For it is provided by a late Act, That such as profess faith in God the Father, and in Jesus Christ his eternal Son the true God, and in the holy Spirit God coequal with the Father and the Son, one God blessed for ever, and do acknowledge the holy Scriptures of the Old and New Testament to be the revealed Will and Word of God; and shall in other things differ in doctrine, discipline, or worship of God; they are not (except in case of Popery and Prelacy) to be punished for this, but to be protected therein from wrong or trouble in the exercise of their Religion, while they are peaceable, and do not hold forth any horrible blasphemy, or teach or practise licentiousness or prophanoness under the profession of Christ. So 17 Sept. 1656. the Humble Petition. This Clause (it is probable) may reach to many of the things of this Rank; as that about the Directory, and 
Directory.  perhaps that of the Baptising of Infants, and some others. It is good for the Justice to be well advised therefore what he doth upon this.  
3. And as to him that maintaineth any of the blasphemous opinions named in the Ordinance of Parliament of the 9th of August, 1650. That he is a God, or is Almighty, Infinite, etc. Any one Justice of Peace may upon the proof thereof by the Oath of two Witnesses before him, (which Oath he may give) or upon the confession of it by the party accused, send him to prison, or to the 
Bridewell.  house of Correction for six months without Bail, and until he put in Surety to be of good Behaviour for a year. 
Good Behaviour.   
See the cabinet for clarks. Two Warrants prepared for this Case. Chap. 3.   

SECT. 7. About challenges and Duels.  
AS to any that be fight, or about to fight a Duel, and be for this brought before a Justice of Peace: this Justice of Peace may for this bind them 
Surety of the Peace.  to the Peace, and to appear at the next Sessions. And he may send for the witnesses, and bind them to appear there 
Bind over.  also. Upon Ord. June 29. 2654. Confirmed by Act of 17 of Septemb. 1656. See Chap. 3. Sect. 5.   

SECT. 8. About Cheaters, or confiners.  
AS to him that is a common Cheater, by false Letters, Tokens, Dyce, or otherwise, especially if he be idle, and go about and make a Trade of Cozening; these things are to be known:  
1. That any one Justice of Peace upon his own knowledge, or proof thereof before him, by the Oaths of credible witness, may (as some say) put him to give Surety for the good Behaviour, and 
Good Behaviour.  to appear at the next Sessions; or if he refuse, send him to Goal for it.  
2. But there must be two Justices (and one of them of the Quorum) to call in, examine, and bind over to the 
Bind over.  Sessions; or if they refuse, send to Goal such as by colour of false Tokens, or 
Counterfeit Tokens.  false Letters in other men's names, shall compass and get into their hands, the money or goods of other men. Upon 33 H. 8. 1.  
3. If a man live at a high Rate, and great expense, having no visible Estate or Calling to answer it, and make it his Trade and Livelihood to cheat, deboist, cousin and deceive the young Gentry and others; Any one Justice of Peace may by Warrant under his hand and seal send for him, and warn him to come before him; and being before him, may require of him sufficient Sureties for his Appearance at the next Quarter-Sessions, and for his good Behaviour; and if he refuse, send him to Goal till he do so. Upon the New Act. 17 Sept. 1656. But how the Justice shall take Conusance of this offence, except he come before him, by this Law, I know not. Therefore it is best, in this case, for him to proceed upon his general power at the Common Law, and by the Commission of the Peace, so to take Informations against him upon Oath. And if he find him to be such a man, to bind him to the good Behaviour, and to appear at Sessions. And this is the same remedy in effect, as that which the Statute doth prescribe.   

SECT. 9 Of a Church, Churchwardens, Isle, etc.  
AS to the Repair of Churches, Churchyards, or Chapels, when they are decayed, these things are to be known: 
Reparations of the Church.   
1. Any one or more of the Justices of the Peace near to the place where any Church, or Chapel is in decay, upon any Information thereof, may if he please, view it himself, or appoint the Minister and some of the Parish to certify to him how it is, and what Reparations must be done. And then may he or they, by a Warrant under his or their hands and seals, sent to the Churchwardens of the place, order and direct what reparations shall be made there, and in, and by what time. And in case it be not be done by that time, may for their neglect bind over the Churchwardens 
Bind over.  to the next Sessions, where they may be fined 40 s. apiece, and committed to prison till they pay the Fine.  
2. But there must be two or more of the Justices near to the place where all or any part of a Chancel, or Isle, or Church, or other place belonging to it, that is to be repaired by the Parson, or other, by Custom or Prescription, is in decay, to order them that are liable to the same Reparations what to do, and to do the same by a certain day. Which not done, they may be indicted, and fined for their neglect, at the Sessions.  
3. There must be two or more of the next Justices to the place, yearly to join 
Churchwardens choice.  with the Parish in their choice of their Churchwardens. And these Justices must, within a month after their choice made by the Parish, under their hands and seals, allow and approve of the same Choice.  
4. There must be two such Justices 
Rates confirmed.  to confirm such Rates duly made by the Churchwardens and Overseers of the poor, for the Repair of the Church, Church-yard, and for other matters concerning the Church. And to give Warrants under their hands and seals to be directed to the present, or subsequent Churchwardens, to do all or any of these following things, viz. 1. To levy by distress and sale of goods upon every man all the Church-Rates, and the Arrears thereof. 2. To levy by distress and sale of goods, all the Forfeitures committed for any offence within the Act. 3. To levy all the money that shall be remaining in the hands of any Churchwarden upon his Account. 4. To levy the 2 s. 6 d. Forfeiture, given to the Churchwardens that are put to distrain for their Rate on him that will not pay it without a di●stess. 5. To send to the Goal the party that doth not pay his Rate. 6. To send to the Goal the Churchwarden that doth refuse to account, till he do account and pay over 
Account.  to the succeeding Churchwardens the money remaining in his hands. 7. And to join with the subsequent Churchwardens in the taking of the Account 
Caution to the Justices.  of the precedent Churchwardens. But it seems not safe here for a Justice of Peace to send his Warrant to levy any Forfeiture upon this Law, or to follow the Precedents we have for this purpose given in our clarks cabinet, because there is no way for the Conviction of the offender set down, and therefore that then it must be in the Sessions, or no where. And there the offender may be punished by way of Indictment or presentment, upon the general power of Oyer and Terminer given by the Act to the Justices of the Peace.  
5. There must be two Justices, and 
Lands given to the Church.  any two Justices may examine by proof of Witnesses the case of Lands or Rents to be had, or paid towards the repair of any Churches within any Parish; And to send their Warrant to the Churchwardens of the place, to cause the parties who ought to pay the same to be bound over to the next Sessions, where 
Bind over.  the parties are to be ordered. And in this case it seems to me, that the clearest way for the Justice of Peace, is to send his Warrant fi●st of all to the Churchwardens, to warn the party to be bound (if he live within the County) to come before him to be bound over. And if he refuse upon proof by Oath thereof by way of Information, to send for him by his Warrant, and bind him to the 
Good Behaviour.  good Behaviour, and to appear at Sessions. See for all this, Act. 9 February, 1647. And  Precedents of Warrants in the case. The clarks cabinet. Chap. 8.  
6. There must be three Justices of the Peace, who out of Sessions may call Ministers and Schoolmasters before them, that have Houses, Chancels, and Churchyards belonging to them that are in decay, and to order them to repair them. And if they do neglect it, to cause to be levied of their goods by way of distress, and sale thereof so much as to do it. Upon Ord. 29 August, 1654.  
7. Any two Justices of the Peace may 
Sexton.  order the payment of the due Fees to the Sexton, or Parish-Clerk, that is duly chosen to the place. And where his Fees are denied, they may order the payment thereof; and in case it be not paid, they may send their Warrant to the Constable, to levy it as they do for the levying of a Church-Rate, what he shall have for his service. Upon the same Act. 9 February, 1647. See a Precedent for this in the cabinet. Ch●p. 8. Numb. 9 And that seems to be all that a Justice of Peace may safely do herein, (that is) call the party refusing before him, and examine the matter; and if he find it ve: y clear, order the party to pay him. And if he show himself obstinate herein, the party grieved he must apply himself to the Justices of the Peace in their Quarter-Sessions, where they may by the general power of Oyer and Terminer given to them by the Act, find a way to bring him to it. Or if the case be so clear, that the party shall confess before the Justice what is due; there perhaps the Justice might cause a distress to be made of his goods, as in case of a distress for a Church-Rate: But it 
Caution to the Justices.  is good to be well advised: for the Law is very obscure herein. And it is dangerous for a Justice of Peace so to do, where he hath not a clear authority for it.   

SECT. 10. About Cloth and Clothiers.  
AS to Cloth and Clothiers, and to the things that relate to their Trade, this is to be known:  
1. Any one Justice of Peace may enter 
Tenters, Winches.  into any house to search for Tenters, Winches, and such kind of Engines used to make deceitful Cloth; and finding them, he may deface them: And in case of second offence, he may sell them. And he with another Justice of Peace may join together, and distribute the money, made thereby to the poor. 39 Eliz. 20. 43 Eliz. 18.  
2. There must be two Justices to 
Special Sessions.  hear and determine the offences about faulty Cloth. And this (for much of it) must be done in and by a Special Sessions kept for the purpose. 39 Eliz 20. 21 jac. 18.  
3. There must be two Justices to sell, divide, and distribute the money made of faulty Broadcloth. 39 Eliz. 20. 21 jac. 18. 4 & 5 Ph. and M. 2. 4 jac. 2. And so to sell and divide the money made of Kerseys, Frizes, or Cottons, 5 and 6 Ed. 6.  
4. There must be two Justices to 
Searches and Overseers of Cloth.  make and appoint Searchers, and Overseers of Cloth in Towns, not Incorporate, and to bind them by Oath, and Bond, to look to, and punish the defaults in Cloath-making. Upon 4 ●d. 4. 1. 39 Eliz 20. 43 Eliz. 10. 2 Ed. 6. 2. 4 jac. 2. 21 jac. 28. 5 Ed. 6. 6. 7. jac. 16. & 3. 1.  
5. So there must be two Justices to punish Carders, Weavers, Sorters, Spinners, that imbesil or detain any Wool or 
Imbesiling of Wool or Yarn.  Yarn, and to punish them that receive it; and upon proof made thereof before them, by the oath of one witness to order them to give satisfaction, or to be whipped. 7 jac. 7.  
6. There must be two Justices, that upon an Officer's Complaint of bad Cloth made, by the mixing of Flocks, Nails, Thrums, Hairs, etc. may call before them the parties accused, and their Witnesses; and if they find it true, punish it, according to 21 jac. 18.  
7. There must be two Justices, and 
Clothier.  one of them of the Quorum, that upon proof of two Witnesses, or confession of the Clothier himself, that doth refuse to pay his Workman the wages set down, 
Wages.  may send their Warrant to levy of him the 10 s. forfeiture, by distress and sale of his goods. 1 jac. 6.  
8. There must be two such Justices also, that may take Information of deceitful 
Linen Cloth.  Linen Cloth made, and that may bind the offender over to the Sessions, to give Evidence that seized it. 1 Eliz. 12.  
9 Any one Justice of Peace upon 
Dyers. Blockwood.  Complaint, That a Dyer doth use Blockwood, or is suspected of it, may call for the Dyer and his Servants before him, and examine them on oath. And if he see cause, bind him and the Witnesses over to the next Sessions. And if he refuse to be bound, send him to Goal till he do it. But there must be two Justices when it is found, to give power to burn the stuff. 39 Eliz. 11. See more, Ord. 12. Novemb. 1653, and 17 Septemb. 1656.   

SECT. 11. About Constables.  
AS to these Officers, these things are to be known in this place:  
1. It is said, That any one Justice 
Election of Him.  of Peace, in case of necessity, in a Hundred or Parish, where there is no Constable for the Hundred or Parish for the present, (the Officer being dead, or otherwise gone) and the Sessions is far off, no Leet in the place, or it is far off in the time of keeping of it, much to do for an Officer, and the like; in such Cases, that one Justice alone may make and swear a Constable for the Hundred, or Parish. And we would have this to be Law, if we knew how to make it good, for the necessity thereof in many places where otherwise this Officer will fail, except it may be supplied by the Country Leet, there being no Leet in the place. But truly we look upon this as a thing somewhat dangerous to be done by a Justice of Peace out of Sessions, especially where the Election of the Officer is for a place that hath a Leet, for haply the Election may he void, and the Lord of the Franchise may have his Action of the Case against 
Caution to Justices,  the Justice. So also if an unfit Constable be chosen, that he may after this way (as hath been held and used) be removed by the Justices in, or out of 
Remove of him.  Sessions, and another more fit put in his place. So if there be need of more Constables in any Hundred or Parish, that the Justices out of the Sessions may make, and swear them. This we agree to be generally practised, and so seems now to have the Countenance of Custom to warrant it. And yet we much doubt of this. And therefore would advise rather to have what is done herein, to be done in the Sessions only. See Steels Rep. 362. and Chap. 7. Sect. 6.  
2. These Officers are the most proper Officers under the Justices of the Peace, (as to the matters of the Peace) and to them are their Warrants to be directed, except it be in special Cases, where by Acts of Parliament they are to be directed to some others.  
3. If any of these Constables show 
Neglect and Contempt by them.  themselves any way to neglect or contemn the Authority or Commands of these Justices, or any of them, in the execution of their Warrants or otherwise, such Justice may cause him to be Indicted and sinned for it in the Sessions.  
4. If a Justice be to swear this Officer, he may do it to this effect:  
You shall swear, you shall well and truly execute the office of High-Constable 
His Oath.  of and within the Hundred of H. [or if it be a Parish] of petit constable for and within the Parish of S.] and liberties thereof, to the best of your power and skill, until another be chosen in your room, or you be otherwise discharged by order of Law.  
The Warrants for this, see in Clark's Cabinet. Chap. 20.  
5. How Constables may offend by not doing their duties in the Execution of Warrants sent to them, upon penal Laws, and otherwise against the Statutes, and what the Justices of Peace may do hereupon, See in other Titles; as Innkeepers, Rogues, Lordsday, Trespasses, etc.  
6. See more of this in Officers, Numb 4. Oath, Numb. 10. and in Oath, Sect. 37. Numb. 11.   

SECT. 12. Of the correction-House or Bridewell.  
THis House is appointed for the punishment of Rogues, Vagahonds, wand'ring, idle, and disorderly persons, that by the express words of 7 jac. 4. are to be sent thither by the Justices. But they cannot by this send thither who they please, nor such persons for every cause.  
How the Blasphemous Heretic is by them to be sent thither, see Blasphemy, Sect. 6. of this Chapter.  
And what Rogues and Idle persons may be sent thither by the Justices, of the Peace out of their Sessions, See Rogues, Vagabonds, and Idle persons. Sect. 48. of this Chapter.  
And what Lewd persons may be sent thither for Incontinency, see Incontinency, Sect. 27 of this Chapter.  
And what Servants or Apprentices may be sent thither, see in Masters and Servants. Sect. 33. of this Chapter.  
And what other persons may be sent thither, see in other Titles.   

SECT. 13. About crows.  
AS to him that refuseth to pay to another that doth take old Crows, Choughs, or Rooks upon his Land, having Land in his occupation worth 5 l. a year, after the Rate of 2. d. a dozen; It is said, Any one Justice of Peace may cause it to be levied by distress upon the Goods and Chattels of the Refusers. But how this may be 
Caution to Justices.  warranted out of Sessions, I understand not, because there is no way of Conviction of him for his Refusal, set down. Upon 24 H. 8. 10. The words whereof are doubtful in this point. See Chap. 7. Sect. 6. Quest. 19   

SECT. 14. About the Excise.  
AS to the Vintner, Inne-kepper, Victualler, Alehousekeeper, or one that Retails Ale or Beer, and that shall brew his own Beer or Ale, before he give security to the Sub-Commssioners of Excise, for the due payment of the Excise. That upon due proof thereof made by Oath of two or more Witnesses, or other sufficient Evidence, before any Justice of Peace within any County where the offender doth reside and dwell, the offender shall forfeit for every such offence, 40 s. for the first, and 3 l. for the second time, to be levied by distress and sale of goods, rendering, etc. And if he offend after a second Conviction, the Justices are to declare him disabled to keep any such Common-house any longer, and to commit him to Goal, till he give security never so to offend again. And after this, he is to be punished as an unlicensed Alehousekeeper. And after the Act is penned in these words, All Justices of Peace are required and authorized to put this Clause and Article in execution; and the said penalty is to cause to be paid to the laid Comnissioners of Excise. Act. 14 August, 1649.  
We here conceivem that by these general words thus penned, [they may do execution] that by this, any one Justice may take the Conviction; and haply one may send the Warrant to do the Execution: But it will be more warily 
Caution to Justices.  done by two Justices. And we suppose he or they may give the Oath for Conviction, albeit there be no clause to enable it; And that they may make their Warrant to whom they will, that will undertake to do the Execution. But we conceive it most proper to be done by the Constable of the place, and therefore more convenient to make the Warrant to him then to others. See Chap. 7. Sect. 6.  
●● If any Fine be imposed, Imprisonment, ponality, or Forfeiture inflicted, or seicure of goods be made for, or about the Nonpayment of the Excise; by the Sub-Commissioners, or Farmers thereof, (out of London and the district therens) or by their Agents, Deputies, or Officers, In this case there must be two such Justices as are not interessed or concerned in the thing in Question, or Landlord, or Tenant, or of him or relation to the parties, that must upon complaint made to them, send their Warrant under their hands and Seal, for the execution thereof. And these two Justices, if Complaint be made of either side, may examine the matter upon Oath, and end it. And if they find any error, and that it is by Mistake only, they may mitigate the Fine, so it be not less than the one half of what is to be paid; and they may also give reasonable Costs to the Officer employed in the business, for his trouble therein. Act. 17. Septemb. 1657.   

SECT. 15. About Fasting, and feast-days.  
AS to this matter of fast-days, and Feast, Festival, or Holidays, these things are to be known in this place:  
1. That for out Religious days of 
Days of Humiliation and Thanksgiving.  Humiliation and Thanksgiving, the serving of piocess, the going with Coaches, Horses, Boats, and Sedans, Tippling and Idling, and the Entertainment of such as Tipple, or are idle in houses, and grinding at a Mill on such a day, is penal, Upon the 10th of April, 165●. But there being no way of Conviction for this upon that Act out of Sessions, there is nothing that the Justice of Peace can do out of Sessions against any man for the same, or for his doing of his ordinary business now on alday of Humiliation or Thanksgiving. And as to the Ordinances of August 24. 1642, and of Decemb. 2d. 1646, we take them to be of no use at this day.  
2. For the Ancient Festival or Holidays, 
Holy-da●es.  called Christmas, Easter, Whitsuntide, Midsummer, and the like; we ●ake these to be all abolished, and done away at this day, by the Ordinance for the Directory and by the Directory itself; and by the Ordinance of 3d. of June, 1647.  
3. That the second Tuesday of every 
Second Tuesday a Playday.  month is to be a playday, for recreation of Scholars, Appsentices, and Servants, by Ord● 3. June, 1647. And that if any difference be between the Mastery Apprentice, or Scholar about this, any one Justice of Peace may end it.  
4. That the Law for the Observation 
Lent.  of Lent and Fish-days, remains as it was, 5. Eliz. 5. 1●. Eliz. 7. And therefore if any Justice of Peace shall 
Fish-days  (as he may, if he will) in the Lent-time search any Victualling-house for Flesh; and if he find any dressed or killed, ●ill three days before Easter, he may, upon his own sight of it, seize it, and give it to the poor, or to the prisoners. Upon 1 jac. 29. 3 Car. 4. 5 Eliz. 5. & 35 7. But there is some doubt made upon the Continuance of some of these Statutes.   

SECT. 16. About Felons and Felonies.  
1. Where any Tr●a●●●, 〈◊〉 any Felony greaten, or lester is committed, by killing stealing, burning of ●●elling houses, or otherwise, upon the Common-Law, or upon any Statute Law; in all such cases those things are to be done by the Justices of the Peace out of their Sessions. 1. Any one Justice of Peace upon Notice, or Report 〈◊〉 〈◊〉 max 〈◊〉 forth his Warrant under 〈◊〉 〈◊〉 of 〈◊〉 〈◊〉 Cry, and Search 
〈◊〉 〈◊〉 Cry. Search.  〈◊〉 the 〈◊〉 Felon; and if they) 〈◊〉 him, or one they have good cause to suspect that he may be the; man, That they do him apprehend, and bring before 〈◊〉 Justice of Peace, to be examined theseof. And this he may direct to the Sheriffs, and to all Constables of 〈◊〉 Town and place within the Coun● 〈◊〉 For which, see the Precedent in the Clarks Cabinet, Chap. 5. Numb. 6.  
2. If the Felony be by the taking away of goods, he may send his Warrant to send to search in suspicious places 
Warrant to search.  for the goods stolen; and if he find the goods to secure them, to the end that the owner may have them; and if the Officer suspect the party in whose hands the goods are, to bring him to a Justice to be examined. But this Warrant must be warily and tenderly made 
Caution to the Justices.  and used. And for this, see in the Clarks Cabinet, Chap. 5. Numb. 1. What Warrant may safely be made in this case, and Chap. 7. Sect. 6. 3. When any man is suspected of Felony by another that is willing to inform against the Felon, the Justice may take his Information upon oath (if he will so give it). Or he may (if he please) take it (as we conceive) without Oath. And if the party will not give it upon oath, yet the Justice shall do well to take it so. Nor will we advise a Justice to force any thing in this case; but to take such Information as the Informer will give, and bind him over. 4. If a Felony hath been done, and there are some that can discover the Felon, and will not voluntarily come in and inform; the Justice of Peace may send his Warrant to require them to come in to him, and give such Evidence as they can against the person suspect; and if they be obstinate, and refuse, he may perhaps bind them to the good Behaviour, and to appear at the Sessions to answer their contempt therein. 5. The Justice of Peace when the Suspect-person is brought before him, is to examine him, which he is not to do upon Oath. But he may examine others against him; and this he may do upon Oath, if they will be so examined. 6. He must put the 
Examination.  Examination, or the Effect thereof in writing, and let the person examined (if he will) put his hand to it. 7. If the Justice see any cause of suspicion in the Case, he is to send the person Suspect, by a Mittimus to the Goal, and bind 
Mittimus.  over the Informer, if there be any in the Case, or if not, some other person interested 
Bind over.  in it, or one that doth appear to prosecute it, or one of the Witnesses to prosecute the suspected person at the next General Goal-delivery or Sessions (as the case is). And also bind over such of the Witnesses as can give the best evidence, to be then there to give Evidence. 8. All these Examinations and Informations, or the Copies thereof, together with the Recognizances for the appearance of the Prosecutors and the Witnesses he is to certify, and send 
Certificate.  in to the next Goal-delivery or Quarter-Sessions, where the oftender is to be tried. 9 One Justice alone may not safely in any case bail such a person 
Bail.  accused of Felony. But if he see cause, or desire to Bail him, because the offence is small, as perhaps but a Petit Larceny; or if it be greater, and the evidence against him is very little, or none at all; he must call to his assistance, another Justice of Peace: For there must be two Justices of the Peace, and one of them of the Quorum, and they must be together to do this work. See Bail, and 1 & 2 Ph. and M. 13. 10 Any one Justice may send his Warrant to arrest any one that stands indicted of a Felony. See the Precedents in the Cabinet for all these things, Chap. 5. throughout. Chap. 25. 1, etc.  
2. Any two Justices, before whom 
Reward for the taking of Felons.  any one shall be convict of a Robbery, or Burglary, may give order to the Sheriff to pay to the party that did apprehend and prosecute him, 10 l. for his reward therein. Act. 17th of Septemb. 1656.  
3. How Felonies done beyond Sea, may be prosecuted here by the Prosecutor thereof, and what the Justice of Peace is to do in it, see Act. 20th of September, 1649.  
4. How and at whose charge Felons shall he carried to Goal, see Sect. 20th of this Chapter.   

SECT. 17. About Fish, and Fishers.  
AS to this we are to know, 1. That no Fisherman is to be forced to be a Mariner, under the Lord Pro●ector's Commission, unless he be chosen by the two next Justices to the place where he dwells. 5 Eliz. 5.  
2. Justices of the Peace are to be Conservators of the Rivers, and shall have power to ●arch Wears, lest by their straightness the Fly of Fish be destroyed. Upon we●●. 2. ●●. and 13 ●. ●●9. And they may appoint under-Officers to look to the Rivers, and to inform against offenders therein. West. 2. 47. & 13 R. 2. 19   

SECT. 18. About a Forcible Entry.  
AS to such as make Forcible Entries into Lands, in this case any one Justice of Peace, upon Complaint hereof made to him, and that the Force doth continue, may go to the place to view it: And if he find it upon his own view to be so, he may remove it, Record the Force, and (as some would have it) Fine the offenders according to his discretion, bind them to the good Behaviour, send them to Goal till they have paid or secured the Fine; And then make a Record of all this, and certify it into the Upper-Bench, or Quarter-Sessions, which he will. And when the Fine is paid or secured, he may deliver the offender. But if the Force be done and passed, Then hath he nothing to do, but to summon a Jury to inquire of it; which he must do by his Warrant to the Sheriff, and do it within a month of the Complaint, or it will be very panal to him. And by this Jury, upon a Traverse, he must inquire; And if the Jury find any Forcible Entry, or detainer in the Case; then is the Justice to send his Warrant to the Sheriff to restore the party put out of, into possession again; and may Fine, etc. 15 R. 2. 2. 8 H. 6. 9 31 Eliz. 11. 21 jac. 15. See for this, the Books at large; and in my justice of Peace Book, Chap. 15. and in the Clarks Cabinet. See all the Precedents of Warrants for it in Chap. 7. of that Book. And because there is some difficulty in 
Caution to Justices.  this work, it will be the Justice's wisdom to call in for the help of some, or (at least) of one of his Fellow-Justices of Peace herein.   

SECT. 19 About Freequarter.  
AS to Soldiers that take Freequarter in men's houses against the owner's consent; In this case any two Justices of the Peace may examine the offence upon Oath. And when they have done this, they are to send this Examination under their hands and seals up to the Committee of 
Examination. Certificate.  the Army. And so satisfaction will be made to him that is wronged, Upon Act. 19 December, 1651. 24 April, 1648. and 24 December, 1647.   

SECT. 20. About Goals or Prisons, and Prisoners.  
AS to this, take these things, 1. Justices of the Peace regularly, are to send such prisoners as they do commit to prison, to none other but the Common-Goal of the County. Upon 5. H. 4. 10. And yet where any Statute directs them to send to another prison, as to the Bridewell, Stocks, or the like, there they must pursue the same direction.  
2. The Gaoler is to receive such a prisoner so sent to him by a Justice of Peace, and that without Fee. And if ●he Goaler do not so, he may be punished by the Justices of the Peace, by Fine, for his Contempt, etc. But not upon the Statute of 4 Ed. 3. 10. For the Justices of the Peace have not the power of Execution of that Statute.  
3. An offender to be conveyed to 
Charges of Convey of a Prisoner to Goal.  Goal, is to bear all the charge of himself, and of those that guard him thither, if he be able. And in case he refuse so to do, Any one Justice of Peace may send his Warrant to the Constable of any Township in the County, where he hath goods, and take them, and prise them by four of the Neighbours, and sell so much thereof as the Justice shall think fit to satisfy the charge. And if the offender have no goods, a Rate for 
Rate.  the raising of the money, may be made by the Constables and Churchwardens, and two or three others; or for lack of such Officers, by four of the more sufficient men of the place where he was taken. And any one Justice of Peace may by putting his hand to it, confirm it. And after give his Warrant under his hand, to levy it by distress of the goods of them that refuse; and after apprisal by four of the Inhabitants by sale thereof, to give back the overplus; And so to pay over the money to them that did bear the charge of his Convey to prison. Upon 3. jac. 10. See the Precedent for this in the Clark's Cabinet, Chap. 17.   

SECT. 21. About Habeas-Corpus, Certiorario Supersedeas, Writ of Error.  
AS to these four things, which are Writs that serve to prevent, stop, or undo the power of the Justices of the Peace, these things are to be known,  
1. The Habeas-Corpus is to remove 
Remove of Records and Prisoners.  the prisoner, and his cause from the Justices, into a higher Court, upon supposal that they are doing, or have done illegally. The Certiorani, to remove the Cause and Record from before the Justices, before a higher power, upon this pretence. The Supersedeas, is from a Higher Court, to forbid any further or other proceeding before the Justices, The Writ of Error, to undo what hath been; done before the Justices, where, upon on Indictment or Information, a Judgement is given against Law.  
2. Every Habeas-Corpus, and Certiorari to remove a Record, or Prisoner, aught to be signed by one of the Judges of the Court whence it comes. Upon 1 and 2 Ph. and M. 13. And yet if this be omitted, the Justice of Peace must notwithstanding obey it.  
3. Writs of Supersedeas out of the Higher Courts are to be void, that are not granted upon Motion in the open Court, and upon good cause also showed by Oath, and the same set down on the back of the Writ. And if this be not done, it seems the Justices of the Peace may refuse to obey it. Upon 21 Iuc. 8.  
4. No Remove shall be of an Indictment grounded upon the Ordinance of June, 1654., about Challenges. Nor 
Challenges  upon the Act of the 6th of October, 1650. where the proceeding is upon any penal Law, for the buying, selling, searching, viewing, ordering, or disposing of any Corn, Wint, Beer, Ale, Fish, Flesh, Sale-Butter, Cheese, or any other dead Victuals whatsoever. Nor upon any Indictment grounded upon the last Act made the 17th of September, 1656, about the Sabbath. Nor to remove any Presentment, or Conviction for a Popish Recusancy. Nor shall any Writ 
Recusants.  of Error be granted to reverse any such Conviction. Upon the Act of 17th of September, 1656.  
5. The Justices of the Peace may refuse to send away an Indictment upon any such W●it, if it be for a Ri●t, Forcible Entry, Assault and Battery, except the Writ he delivered in ●● the Justices of Peace in their Quarter-Sessions, sitting the Court; and except the party indicted, will be bound with good Sureties to pay the Prosecutor his Costs. But in case of Indictments for a Foreible Detainer, and for any other offence then that before named, it is otherwise. Upon 21 jac. 8.  
6. The Justices of the Peace when any such Writ is duly issued ●orth and sent to them, must obey it: for it is penal to them if they do not so. And if the Writ for bid the Justice to do, that which he hath sent out his Warrant to command to be done, he must recall and countermand his Warrant.  
7. If the Writ do not require the sending away of the Recognizance that the Justice hath taken, he ●● to send the Writ and Recognizance to the next Sessions, to be siled there.  
8. The Judges of the Higher Courts that do send for any such Record, or prisoner, may, if they please, send it down again, to be determined by the Justices of the Peace. Upon 6 H. 8. 6. See Steels Rep. 475. 322. 399.   

SECT. 22. About Highways and Bridges.  
AS to Highways and Bridges, these things are to be known:  
1. Any one Justice of Peace may upon his own View, make a Presentment to the Sessions (in the nature of an indictment) against any place or Parish, for that their ways are not sufficiently amended. And also against any man, for any offence by him done, against the Statutes of 2 & 3 Ph. and M. 8. and 5. Eliz. 13. (That is to say) The Constables and Churchwardens of the place for not choosing the Surveyors, or not setting down the time for the six day's work, or for not giving public notice thereof in the Church. Or the Surveyors for refusing the Office, or for their neglect in their office, and in particular, for not making Presentment to a Justice of Peace, of such defaults as they find upon these Statutes. Or the Parishioners that do not observe and attend to do the dayes-works appointed them. Or such as suffer any Nuisances in their Grounds, hedges or ditches near to the Highways. Or the Baylifts or High. Constables for their neglect in the levy of the Amercements sent to them by the Clerk of the Peace against oftenders about the Highways, or for the not making of their Account, and the like. And this presentment of the Justice, if he have cause to have it drawn up, he may put the Clerk of the Peace to do it: And being put in, it is of the same source as if it were found by Grand-Jury.  
2. Any one Justice may and must receive from the Surveyors of the Highways, any Presentment that they shall make and tender to him, of any default upon these two before named Statutes about the Highways. And this Presentment he is to certify and send in to 
Certificate.  the next Sessions, under pain of 5 l. upon 5 Eliz. 13.  
3. There must be two Justices (one of them of the Quorum) to enforce and take the Account of any Officer, that hath in his hands any of the Forfeitures upon the Statute of 2 & 3 Ph. & M. 8. about Highways. And to imprison them who do account and are sound to have money in their hands, till they pay it. But if in this case the Officer be 
Caution to the Justices.  obstinate, they cannot tell what to do to order him. But it must be in the Sessions, or no where, See Steels Rep. 399. Chap. 7. Sect. 6.  
4. Any one Justice might have caused Highways to be enlarged and cleared of Trees and Bushes, upon the Statute of Winchester, 1 Ed. 3. But now they do nothing out of Sessions, but according to the two afore-named Statutes.  
5. There must be four Justices of the Peace, (one of them of the Quorum, 
Bridges.  And where so many Justices are not met together, it cannot be done) who with the Constables, and two of the Inhabitants of every Parish, (and without their consent also it cannot be done) to tax the Inhabitants of any place or places, for the repairing of a Bridge, or Highway within 300 foot of the Bridge, when it is unknown who ought to repair it. And they may appoint two Collectors to gather the money, and two Surveyors to look to the work, and to give an Account thereof, and of the 
Account.  money. And they may call these Officers their Executors or Administrators, to an Account. Upon 5 Eliz. 13. and 18 Eliz. 9  
6. For the Repair of Chepslow Bridge, see 3. jac. 23.  
7. For the Repair of the Highways in the Wild of Kent, see 14. 15. H. 8. 6. Of Huntingdon. Lane near to Chester, see 37 H. 8. 3. In Sussex, see 39 Eliz 19 26 H. 8. 7. 15 H. 8. 6. Of the Cauce-way between Dorchester and Sherborn, see 1 Mar. Parl. 2. Chap. 5. Of the King's Ferry in Kent, see 18 Eliz. 10.   

SECT. 23. About Horses  
AS to this; there is this only as belonging to the Office of the Justice of Peace, out of Sessions, to be known; That if any horse be stolen and sold in an open Market, the true owner thereof, or his Executors, may within six months after the stealing thereof, make his claim for him before any one Justice of Peace near to the place where the horse is found. And this Claym the Justice of Peace to whom it is made, must take and hear. And if within forty days after the claym, he can make proof his property by two Witnesses upon oath before the Justice, and will pay down to the buyer so much as he before the Justice will depose that he bond side gave for the horse, he shall have his horse again. This Claym of the property by the true owner, and Oath of buyer for the price, the Justice of Peace when called upon herein, he must take. Upon 31 Eliz. 12. 2 & 3 P●. and M. 3.   

SECT. 24. About Hue-and Cry.  
AS to this, any Justice of Peace may may do these things:  
1. He may b●nd, or at the Session's 
Good Behaviour.  cause to be bound to the good Behaviour, such as shall raise false Hue-and Cry without any cause.  
2. If any Felony be done, any Justice of Peace may command Hue-and-Cry to be made after the Felon; and if he perceive Neglect in any Officer of his duty herein, he may bind him, or cause him to be bound at the Sessions, to the good Behaviour. And so upon any Hue-and-Cry raised by others, if the Justice have Information upon Oath of any Neglect in the following of it by any Officer, this is cause enough for a Justice to have the Officer bound to his good Behaviour, and to appear at the next Sessions to answer his Neglect. See 27 Eliz. 13.   

SECT. 25. Of Hunters, Hawkers, Fowlers, and Hunting, Hawking, Fowling.  
AS to these things, the Justice of Peace his power out of Sessions is thus;  
1. If any man Hunt or Hawk with 
Hawking in Corn.  Spaniels in the Corn of another man's, before it be shocked, without his consent; In this case any one Justice of Peace may examine the matter, if it hath not been before heard and determined in the Sessions; and if he ●●● cause, bind over the party offending 
Bind over.  with good Sureties, to appear at the next Sessions, to answer the offence, and to pay the penalty, or receive the punishment appointed by the Act of 23 Eliz. 10.  
2. If any man Hawk at, or kill, any Pheasant, or Partridge, with any Hawk, or Dog, between the first day of July, and the last day of August; In this case any two Justices of the Peace of the County wherein the offender dwells, or is apprehended, may within six months of the offence done, upon proof thereof by the Oath of two witnesses before him, be committed to the Common-Goal of the place where he is so Convicted for a month without bail, unless he forthwith pay to the Churchwardens or Overseers of the place 40 s. for every time he so hawketh, and 20 s. for every Pheasant and Partridge so killed; But he may not punish it after the six months. 7 jac. 11.  
3. As to him that humeth Dear, or Coneys in any Parks, Forests or Warrens, in the night disguised; In this case any one Justice of Peace upon complaint to him made thereof, may send his Warrant to the Sherift, or any Bailiff or other Officer within the County, to arrest and bring the offender before him to be examined, and may examine him. If he deny it, it is Felony, and then the Justice is to prosecute it as a Felony. But if he confess it, he is only to bind him over to appear at the Sessions, where he is to be sinned for it. 3 H. 7. 7. And if any man purposely destroy or take Partridges or Pheasants in the night; Any one Justice of Peace upon the bare Examination of the party offending, may, if he see cause to suspect him, bind him with good Sureties in a Recognizance, to appear at the next Sessions, to answer the offence, and to pay the penalty of the Statute. Upon 23 Eliz. 20. But there being no way given to the Justice to convict the oftender, he cannot levy the penality.  
4. If any one not qualified, by having 10 l. a year of his own Inheritance, or 30 l. of his own , or 200 l. in goods, or is eldest son to a Knight, or to a greater man, etc. shall keep any Greyhound, Dog, or Net, to take Partridges, or Pheasants, Any two Justices in this case, upon suspicion hereof, may send their Warrant to search in places they suspect, for them, and give the Searchers power if they find any, to kill the dogs, and tear the Nets. And may also upon the confession of the party, or proof of the thing by two Witnesses, send him to Goal for three months, unless he will forthwith pay to the Churchwardens of the place where, etc. the forfeiture of 40 s. Upon 1 jac. 27. And if any such unqualified person kill or destroy any Pheasants or Partridges by night or day. by Nets or otherwise, any two Justices upon his confession thereof, or oath of one witness, may send him to the Goal for a month, unless he forthwith pay to the Churchwardens or Overseers of the Poor, where, etc. 20 s. for every Pheasant and Partridge. upon 7. jac. 11.  
5. If any kill, hunt, or take away any red, or fallow Deer in any Porrest, Chase, Park, or other enclosed ground, without consent of the owner, or shall be aiding or assisting therein; any, one or more Justices of the Peace, upon the confession of the party, or oath of one witness, (which the Justice may give) shall forfeit 15 l. half to the Informer, and half to the Poor of the place; which the Justice may by Warrant under his hand levy by way of distress, and sale of goods. And for want of distress, the offender to be committed for 12 months without Bayl. The offender must be punished within three months of the offence done. And he that is punished on this Law, may not be punished upon any other Law. Act. 24. July, 1651.  
6. If any man buy or sell any wild Partridge, Pheasant, Deer, or Hare, Any two Justices of the place where, etc. or where, etc. upon the Confession of the party, or Oath of two Witnesses, may Commit him to Goal for three months without bail, unless he forthwith pay to the the Churchwardens of the place where, etc. 40 s. for every Deer, 10 s. a Hare or Paritridge, and 20 s. a Pheasant; or until he enter into a Recognizance of 20 l. with two Sureties, never to do so again.  
7. If any shoot at, with Gun or Bow, or doth kill by Nets, or other engines, 
Guns.  a Hare, Paritridge, Pheasant, Pigeon, Hearn, Mallard, Duck, Teal, or any such Fo●l; or taken the Eggs of a 
Eggs of Pheasants, Paritridges, ●c.  Pheasant, Partridge, or Swan, or doth trace a Hare in the Snow; Any two Justices of the Peace where, etc. or where, etc. may commit him to Goal, (as in the last case) till he pay 20 s. for every Pheasant, Partridge, Pigeon, or other Fowl; 20 s. for every egg so taken; and 20 s. for every Hare so traced. Upon 1 jac. 27. 3 jac. 13.   

SECT. 26. About Imprisonment, Arrest, and Commitment  
AS to this, these things are to be known;  
1. That the Justice of Peace must 
Caveat to Justices.  take very great care, that he do not give Warrant to arrest or imprison, or to send to the Goal or Bridewell, any man in any cause, but where he hath a clear authority so to do, either by the Common-Law, as in the Cases of Felony, the Peace, and Good Behaviour, or the like; o● by the express words of some Statute-Law, and therein also with good advice. He must be sure there is a power of Commitment to prison in the Case well given to him.  
2. He must be sure also, that this power to commit to Prison, etc. is given to the Justices: For if there be a power of Commitment, as there is by some Statutes. that do say an offender shall be committed, but it doth not say by whom; we conceive it dangerous in this case, for any Justice or Justices, but in a Sessions-way, and by an Act of the Court, to give Warrant to commit him.  
3. He must be sure (if it be one Justice that doth it) that the power is given to one Justice alone to do it. For if power be given to two or more Justices to commit a man to prison, and one Justice alone doth it; this is an unlawful Imprisonment: or which an Action may lie against the Justice.  
4. He must take care in his Commitment, that he do pursue the order and direction that the Law gives therein: (Viz) Where he is to commit to prison, he may not commit to the the Stocks, or to Bridewell. And so on the other side; for if he so do, the Commitment to that place is unlawful. And so for the time, where the Law gives him power to commit for three days, and he commit of three weeks, this is an unlawful Imprisonment; ye● perhaps unlawful for the three days also. But where a Statute gives power to a Justice or Justices to commit indefinitely, and doth not say for what time, 
Sessions.  there they may commit accordingly. And in such cases, the Justice's use at the Sessions to discharge such prisoner according to their discretion.  
5. Any Justice of Peace may commit a man that stands indicted for a Felony, or a man he doth suspect of Felony. But for this, see Felony. Sect. 16. of this Chapter.  
6. For Commitments to Prison by the Justice for particular offences, see in the Title itself.   

SECT. 27. About Incontinency.  
AS to this, these things are to be known of the Justice's power out of the Sessions;  
1. As to such as keep, or haunt Bawdy-houses, 
Good Behaviour.  or are suspected to be lewd and Incontinent; that in this case a Justice of Peace may upon good Information hereof, upon the oaths. of credible 
Bawdry.  persons by his Warrant send for such persons, and bind them to the good Behaviour; or if they refuse to give Sureties, he may send them to Go●l till they do.  
2. Any one Justice of Peace may also bind to the good Behaviour the Putative 
Putative Father of a Bastard-Child.  father of such a Bastard-Child as is like to be chargeable to any Parish. And this before or after the Birth of the Child. But this is best to be done upon Information upon Oath of some other besides the woman with child, that the man is suspect for Incontinency: for there is no Statute to enable the Justice so to do; nor may he (as we conserve) do it, and justify it upon any other account. See Chap. 7. Sect. 6. Numb. 39  
3. It is also conceived as clear, That any one Justice of Peace may before or 
Good Behaviour.  after the Birth of a Bastard-child, bind to the good Behaviour any one that shall have any hand in the shifting away of the putative Father or Mother of a Bastard-child, whereby it may be left to the charge of a Parish. But the binding in both these cases, must be discretional Acts in the Justices by the Common-Law, and not grounded upon the Statutes.  
4. There must be two Justices of the 
Bastard-Child.  Peace, (and one of them of the Quo●um) to take course, and make orders for the relief of the Bastard, ease and safety of the Parish, corporal punishment of the Mother and reputed father, and to commit them to prison, ●ill they obey the same Order, or appeal to the Sessions. Or if they do appeal to the Sessions, (as they may) then there must be two such Justices to bind them to appear there, and to stand to the Order of the Sessions, (if it make any) otherwise to the Order that the two Justices of Peace hath made. For one Justice alone may not do either of these things. But that the Justices be not mistaken in the making of this Order, and the exercise of their power upon this Statute, they are to know these things: 1. This Order must be made by two Justices, and one of them must be of the Quorum; and it cannot be done by one, or by two, and neither of them of the Quorum. Also some make question, if it may be done by more than two Justices. See Steel's Report. 114. 2. It is necessary they be the nearest or next Justices to the place where the Parish to be relieved is, but it may be made by any two such Justices of the County. See Steels Rep. 154. 245. 246. 3. This Order must be made at a private meeting. And therefore such an Order made at the Quarte-Sessions, is not good, but illegally made; a●d all the p●oceeding thereupon will be also illegal. style's Rep. 475. 4. It must be made about a Bastard-Child. And therefore an Order made against a man in these words, [That he shall keep his reputed child,] not expressing, [Whether it be a bastard-child, or not] is held to be naught. Styles Rep. 154. 5. It must be made against the person that is suspect to have the bastard-child, and not another person. And for this, An Order made by the two Justices of Peace, that another man should contribute to the half charge of the keeping of the child, because he had suffered a Soldier to get it upon his Maid, was held to be void. Steeles Rep. 267. 6. The Order must be pursuing the Act of Parliament to this effect, to save the Parish harmless, or to secure it from the charge of the child. Or to keep the child. And therefore it hath been ruled, That an Order to pay money weekly, towards the keeping of the bastard-child, is not good, Steels Rep. 14. 386. 7. This Security must be given to the Parish where the bastard-child is born, and it must a Parish within the County, where the two Justices of Peace have power Steels Rep. 14. 368. 8. The Order must express how long, and a certain time; that the reputed Father is to keep the child, or to secure the Parish. Steels Rep 154. And the Order is plainly to express all these things; Or else it will no: be good: but being removed into the Upper-Bench, will be quashed for insufficiency. 9 This Order being made, we do not conceive what the Justices of Peace can do more upon this Act, out of their Quarter-Sessions; but what is expressed in the Act of 18. Eliz. 3. 10. It is made a question, Whether the Justices upon this Law, may examine upon oath? And as to this, we do conceive, that they may (if they please) examine without Oath, and thereupon ground their Order; and this will be good enough: Or perhaps they may examine upon Oath; for the matter about which it is, being Incontinency, it is within their Connusance; and that about which they take Informations upon Oath, and for which they bind to the good Behaviour. See Chap. 7. Sect. 6. For the power of sending the woman to the house of Correction, is 
Bridewell.  only in the Sessions, and was appointed by 7 jac. 4. And therefore could not be intended by that of 18 Eliz. 3. And we take it, that no punishment can be intended therein, but the binding of them both to the good Behaviour, and to appear at the Sessions: which for 
Good Behaviour.  Incontinency they might do by the Common-Law.  
5. But now by 7 jac. 4. it is said, That for a lewd woman that hath had a Bastard-Child that may be chargeable to the Paris●●● That two Justices of Peace may out of Sessions send her to the House of Correction. But there 
Caution to Justices.  being no way of Conviction before the Justice, or how they may be assured of the matter of fact, we think it not safe for any Justices of the Peace to do this out of the Sessions, see Chap. 7. Sect. 6.  
6. We know nothing that the Justices of the Peace can do out of Sessions upon the Act of 10th of May, 1650. against Incest, etc. save only in the case of Fornication, any one of the 
Fornication.  Justices of the Peace before whom the Conviction shall be had, may take the Recognisance of the offender for the good Behaviour for a year; the which he must give, before he can be delivered after his three month's Imprisonment.   

SECT. 28. About Inns, Alehouses, Taverns, Victualling-houses; And Innkeepers, Ale-house-keepers, etc.  
AS to all these things, this first of 
Innkeeper.  all is to be known;  
1. That any one that will may erect and keep up an Inn, for the Entertainment 
Licence.  of strangers only, without any Licence of the Justices of the Peace. But if an Innkeeper will sell Ale, Beer, or Cider by retail, in his house, or will entertain others besides strangersin any case there to be drinking or eating for money; in this case he must have a Licence from the Justices. Resolution of the judges, 22 jac. Hutton's Report. 99  
2. The Justices of the Peace cannot in, or out of their Sessions, put down an Inn, or discharge an Innkeeper from selling of Ale, Beer, etc. although the man be unfit, the place inconvenient, or he keep disorder. But he and his house must be suppressed by 
Indictment. Common Nuisance.  way of Indictment against it, as a Common Nuisance at the Assizes or Sessions. And if an Indictment be against a man for keeping of all order only, the Judgement must he to disable him only as to that Inn. But another man may keep and continue it an Inn still. Hutton's Rep. 100  
3. The Justices may at their pleasure stint the number of their Alehouses. But they may not stint the number of Inns. Nor is there any way to suppress or restrain the Inns so likely, as to hold them to the strict observance of the Laws for the Assize, and against Tippling, made 1 jac. 9 4 jac. 4. 1 Car. 4.  
4. A disability of an Innkeeper cannot be for three years, upon the 
Disability.  Statutes of 21 jac. 1.  
5. Vintners that keep Inns and Victualling-houses, are to be bound by the Statutes of 1 Car. 4. 1 jac. 9 and 4. jac. 1. as to Tippling, and the other offences named in those Statutes. But the other Statutes made against Ale-house-keepers, do not bind Vintners or Innkeepers, unless they be named in the Statute. And therefore they are 
Victuallers  not taken to be included within 5 and 6 Ed. 6. 25.  
6. The Quarter-Sessions, or any two Justices, one of them of the Quorum, (out of Sessions) may put down Alehouses at their pleasure. Upon 5. and 6 Ed. 6. 25.  
7. Victuallers and Ale-house-keepers, and such like Tradesmen, may buy and sell again in their houses by way of Retail, and not be under the penalty of the Laws made against Forestall, 
Forestall, etc.  etc. 5 Ed. 6. 14. 13 Eliz. 25.  
2. As to him that doth use to sell 
Selling without Licence.  Ale, Beer, Cider, or Perry, by Retail, without Licence, except in Fairs at Fair-time; In this case any one Justice of Peace may upon his own view, the offender's confession thereof, or upon the proof thereof by the oath of two Witnesses; for the first offence, send his Warrant to the Constables and Churchwardens of the place where the offence is done, to levy of the offender's goods 20 s. to the use of the Poor of the place where the offence is done by distress, and after three days past, by sale thereof rendering the overplus. And for lack of distress and payment thereof in six days, he may send his Warrant to the Constable; to command him to see the offender to be openly whipped. And for the second offence, the Justice of Peace may by his Warrant send him to Bridewell for a month. And for the third offence, he may send him to the Bridewell till the Sessions discharge him. And if the Officer 
Officer.  neglect his duty in this; The Statute doth give the Justice of Peace power to send him to the Goal till he pay the 40 s. Forfeiture to the poor, or to cause him to be whipped. 3 Car. 3. But the Statute doth not say how the Officer is to be convicted of this offence; and 
Caveat to Justices.  therefore it is not safe for the Justice of Peace out of the Sessions, to act against the Officer upon this branch of the Statute. But to have him punished in the Sessions upon the Common-Law. See the Warrant for this in the Cabinet, Chap. 12. Sect. 10. and Ch. 7. Sect. 6. But upon 5 and 6 Ed. 6. 25. There must be two Justices to send to prison him that so selleth Ale, Beer, etc. (but in a Town in the Fair-time) against the Justices of Peace order, or without Licenses of the Justice's first had either in their Sessions, or (at least) of two of them, and one of them of the Quorum, out of Sessions, there to remain in prison for three days without bail; and after, till he enter into Recognisance with two Sureties, never so to do again. And to certify the offences and Recognisance to the Sessions, to make the offender liable to the Fine of 20 s. But 
Caveat to the Justices.  we conceive this sending to prison, not warrantable out of Sessions, upon this Statute, and that it is not safe for two Justices out of the Sessions, to send out such a Warrant. For there is no way to convict the offender. Of his offence set down by the Act. See Chap. 7. Sect. 6.  
3. As to the Innkeeper, Alehousekeeper, 
Tippling suffered by the Innkeeper.  Taverner, or Victualler, that doth suffer any one of the same, or of another Parish to sit Tippling in his house. In this case any one Justice of Peace may upon his own fight hereof, or the confession of the offender, or the proof thereof by the oath of one witness, (which he may administer) convict him of it. And after this Conviction, he is to give notice of it to the Constables or Churchwardens of the place where the offence is done, and call upon them to do their office therein, which is to levy of the offender's goods 10 s. forfeiture for the offence, to the use of the poor of the place where, etc. by way of distress of goods, and after six days by sale thereof rendering, etc. And if it be not paid, or there be no distress to be had, the Constables or Churchwardens that had the notice, they are to certify the same to any one of the Justices of the Peace, And thereupon the same Justice of Peace may send his Warrant to commit the offender to Goal, till he pay the same forfeiture. And also to give him notice, That he is disabled for three years to keep any Alehouse again. And if these Officers do not levy the money, 
Officers.  nor certify the lack of distress, or nonpayment, within 20 days to the Justice of Peace; The Statute saith, That the Justice of Peace by Warrant under his hand and seal shall levy 40 s. penalty ●pon them by way of dist●ess● of goods. And this distress to be detained six days, then prized and sold, rendering, etc. And for lack of such distress, the same Officers to be sent by the same Justice to the Goal, till they pay their forfeiture. But doth not say how the Constable or Churchwardens shall be convicted of this offence. And therefore the Justice may 
Caveat to Justices.  not send such a Warrant to levy it; but this punishment may be inflicted by the Justices of the Peace in their Quarter-Sessions against the Officers for their neglect, by the general power of Oyer and Terminer given to them by the Act. Also the Justices in this case must take heed of sending their Warrant against the Innkeeper etc. for the 10 s. For the Constable and Churchwardens are by their Office to do it without Warrant. 1 jac. 9 21 jac. 7. 1 Car. 4. 3 Car. 3. See Chap. 7. Sect. 6. Quest. 19  
4. As to the Innkeeper, Alehousekeeper, 
Assife.  Vintner, etc. that shall sell less than one quart of the best, and two quarts of the small Ale or Beer for a penny; In this case any one Justice of the Peace may upon his own sight of it, the confession of it by the party, or proof thereof by the oath of one Witness, (which he may administer) convict him of it, and after his conviction, proceed against him, as he is to do in the last case before against the Alehousekeeper, for suffering tippling in his house. And so also against the Officers throughout. 1 jac. 9 21 jac. 
Caveat to Justices.  7. 1 Car. 4. with the same Caveat as in the last. See for the Warrant in the Cabinet, Chap. 12. Sect. 6.  
5. As to him that is drunk; In this 
Drunkenness.  case any one Justice of Peace may upon his own view, or the offender's confession thereof, or proof by the oath of one witness, convict him. And for the first offence, he may within a week after the conviction, send his Warrant to the Constable of the place where, etc. to levy of the offender's goods to the use of the poor, etc. 5 s. if it he not paid in within a week after the Conviction, by way of distress, and sale of goods, etc. And for lack of distress, the offender is to be put in the Stocks six hours. And 
Caveat to Justices.  albeit there is no express power by the Act given to the Justice, nor to any others to do this. Yet it is conceived, that the Justice may safely do it. And therefore that he may safely follow my Precedents in the clark's Cabinet herein, to make his Warrant forth in this case to do it. For the words of 4. jac. 5. are, That if the offender lack a distress, he shall be committed to the Stocks six hours. But it doth not say the Justice shall commit him to the Stocks. Or that he shall send his Warrant to do it. But this must (as it is conceived) be necessarily understood. For the Act of 21 jac. 7. hath these words; That one Justice may convict him, and the offender shall be punished as in the Statute is appointed. And if it be the. Alehousekeeper that is drunk, the Justice is to give him notice, that he is disabled for three years to keep an Alehouse again. And for the second offence in any Drunkard, the Justice of Peace is to put him to give two Sureties for his good Behaviour in a Recognizance of 10 l. And in this Statute there is the like Clause to punish the Officers neglect, as is in the two last before the third and fourth Number. But no way of Conviction, except it may be by the parties own confession, upon the general words of 21 jac. 7. in the beginning thereof. But 
Caveat to Justices.  this being doubtful, it is not safe for the Justice of Peace to grant his Warrant against the Officers for this. But to leave it to the Sessions. 4 jac. 5. See the Warrant on this part in the Cabinet, Chap. 12. Sect. 3. But no Justice of Peace can punish any man for this offence of Drunkenness after six month's is passed, after the offence is committed. See Chap. 7. Sect. 6. Numb. 24.  
6. As to the Townsman or Stranger that shall be tippling in an Inn, 
Tippling.  Alehouse, or Victualling-house, and not invited by a Traveller, and during the Traveller's stay there only, and labourers, that are there for the conveniency of their work, or one that is there for cause, to be allowed by two Justices of the Peace; In this case any one Justice of Peace may upon his own view thereof, the confession of the party, or proof thereof by the oath of one witness, send his Warrant to the Constables of the place where, etc. to levy of the offender's goods to the use of the poor, etc. 3 s. 4 d. by way of distress and sale, rendering, etc. And for want of distress, to set him in the Stocks for four hours. And to give the Innkeeper notice, that he is disabled, etc. 4 jac. 5. 21 jac. 7. See the Warrants for these things in the Cabinet, Chap. 12. Sect. 4.  
7. No man is to be punished twice for the same offence in any case upon these Statutes. 3 Car. 3.  
8. There must be two Justices, and 
Licence.  one of them of the Quorum, to give licence to any man out of Sessions, to sell Ale, Beer, Cider, or Perry, and to take his Recognisance for the keeping of good order; and this they must certify it into the Sessions, or forfeit five marks. Upon 5 and 6 Ed. 6. 25.  
9 There must be two Justices to 
Licence.  Licence Labourers and others to be in an Alehouse tippling. Upon 1 jac. 9  
10. There must be two Justices, and one of them of the Quorum, to discharge or put down an Alehousekeeper at their own discretion. Upon 5 & 6 Ed. 6. 25.  
11. The oath of the party confessing he hath been tippling or drunk in an Alehouse, shall be sufficient to convince the Alehousekeeper of his offence by suffering tippling, etc. 21 jac. 7.  
For Innkeepers and Victuallers dressing of meat in the Lent, see Lent.   

SECT. 29. About a Libeler or Slanderer; and Libel, etc.  
AS to this kind of offender, and his offence, which we take now to be clearly within the words of the Act against Challenges, forbidding all provoking Words and Gestures, and so punishable thereupon by way of Indictment in the Sessions. But there is this more in it; As to one that hath his hand in the Contrivance, procuring, or publishing of a Libel, especially if it be against a Magistrate. Or one that doth use commonly libelling against others, or is a common Slanderer or Tale-bearer, and his Tales and Slanders are of dangerous consequence, and do much mischief; In such a case as this, any Justice may doubtless (out of the Sessions) take Informations hereof by good witnesses against him; and if he find it so, bind him to the good Behaviour, and to appear 
Good Behaviour.  at the Sessions; and if he refuse to be bound, send him to Goal till he so do. See Chap. 3. Sect. 4,   

SECT. 30. About Licenses.  
1. ANy one Justice of Peace dwelling near the place where any poor Mariner or other person 
Mariner.  having suffered Shipwreck shall land, may give a Testimonial under his hand 
Testimonial.  of his case, and thereby licence him to pass the next way to his place of birth, or last dwelling, and to ask relief as he goeth, and limit him a convenient time for it. upon 39 Eliz. 4. 17. 1 jac 25.  
2. One Justice may under his hand and Seal licence Labourers to go out of 
Labourers.  one into another Country, to work at Harvest-work in the Harvest-time. Upon 5 Eliz 4.  
3. One Justice may licence a man upon good cause, to travail, or to do 
Lordsday.  a work of mercy or necessity on the Lordsday. Or to come in later on the Saturday night; or go out earlier on the Monday morning, than the Laws do prescribe for this; or to grind at a Mill; or be in, go, or send to, a common Alehouse, Wine-Tavern, Tobacco-house; or to have, or use a Coach, Sedan, Horselitter, Boat, or Horse on this day. Upon the Act of 6th of April, 1654.  
4. There must be two Tustices of the 
Churchwardens and Overseers to set up a Trade for the Poor.  Peace, and one of them of the Quorum, to give allowance and licence to Churchwardens and Overseers of the Poor of a Parish, to set up a Trade there, for the better Relief of the Poor there. Upon 43 Eliz.  
5. So to set up an Alehouse. See 
To sell Ale.  Alehouses.  
6. Any two Justices of Peace may licence poor people to travail to Bath or 
To travail to Bath.  Buxton for cure of their diseases, at their own charge. Upon 5 Eiz. 4. But no Justices can licence poor people to beg, but in the Case before of a Mariner. 
To beg.   
7. There must be two Justices of the 
Servants.  Peace to licence Servants to departed out of their Master's Service. Upon 5 Eliz. 4.  
8. There must be sour Justices to 
Recusant.  join with the Lieutenant, to licence a confined Recusant to go about any special business. upon 3. jac. 5. and 35 Eliz. 2.  
See for Precedents of Licenses in most of these Cases, in the Cabinet, Chip. 2. 8.   

SECT. 31. About the Lord's Day.  
AS to this thing, and the Justice's power herein out of the Sessions, these things are to be known.  
1. That as to such as use, or meet 
Sports.  for Bear-bayting, Bull-bayting, Interludes, Common-Playes, or other unlawful pastimes whatsoever in, or out of their own Parishes on the Lord's Day. In this Case, any one Justice of the Peace, may upon his own sight hereof, the Confession of the party, or the Oath of one witness (which he may administer) send his warrant under his hand and Seal, to the Constable or Churchwardens of the place where, etc. to levy of the goods of the Offender, by way of distress and Sale thereof, rendering, etc. the 3 s. 4 d. Forfeiture. The Act goeth further and saith. That in default of Distress, the Party Offending be set publicly in the Stocks three hours. And these words, albeit they are so penned that they are ambiguous, whether they shall be understood to be a part of the warrant to be made under the hand and Seal of the Justice, or of a new power in case of lack of distress. And it is given to no body in certain, yet that the Justice of Peace hath power to do it, and we conceive the Justice may safely make out his Warrant so to do. And therefore in this (as to this branch) that he may safely follow our Precedent in the Clarks Cabinet. chap. 4. Warrant 1. But no man may be punished upon this Law of 1 Car. 1. unless he be questioned for his offence within a Month after it is done. And the Justice in this case may (if he please) reward the Informer with a third part of the Forfeiture. See chap. 7. Sect. 6. Numb. 24.  
2. As to such as use, or be at Wrestle, Ringing of Bells for pleasure, Masques, Wakes, Church-Ales Dancing in their own, or in other Parishes on this day; In this Case any one Justice of peace may upon his own view thereof, the confession of the party, or proof thereof by the oath of one Witness send his Warrant under his hand and Seal to the Constables and Churchwardens of the place where, etc. If he be above 14 years old (which the Justice in the taking of his information must inform himself of) to levy of his goods by distress, etc. to the use of the poor of the place, etc. 5 s. And if he be under 14 years of age, than so to levy of the Governor of the Offender 12 d. And then the Act is penned further, in such like words, that the Offender shall be put in the stocks three hours, as the last Act was penned, and is likewise doubtful. And therefore we here leave the same advice with the Justice as we did in the former Case, that he may give warrant to put in the Stocks for three hours. Act. 6th. of April, 1644. And to follow our Precedent in the Cabinet herein. See chap. 7. Sect. 6. Here the Justice may also if he please, reward the Informer with a third part of the Forseiture. See in the Cabinet, a Warrant for it, chap. 4. Sect. 3.  
3. As to Carriers with Houses, 
Carriers. Drovers of Cattle.  Wains, or Carts, and Drovers of Cattle that Travel on this day; In this Case any one Justice of Peace may upon his own fight of it, the Confession of the party, or proof of it by the Oath of two Witnesses, send his Warrant to the Constables or Churchwardens, of the place where, etc. to levy of the goods of the Offender 20 s. to the use of the poor of the place where, etc. by way of distress and sale thereof, rendering, etc. upon 3. Car. 1. But no man is to be punished upon this Law, unless he be questioned for his offence within six Months after it is done. And here the Justice may also, if he please reward the Informer with a third part of the Forseiture. See the Precedent for it, in the Clarks Cabinet, Chap. 4. Sect. 4.  
4. As to Butchers that by themselves 
Butchers.  or others kill, or sell their meat on this Day. In this case any one Justice of Peace, may upon his own sight thereof, the Confession of the patry, or Oath of two Witnesses send his Warrant to the Constables and Churchwardens of the place where, etc. to levy to the use of the poor of the place, of the Offenders goods 6 s. 8 d. by way of distress and sale thereof, etc. upon 3. Car. 1. But no man is to be punished upon this Law for his offence after the six months. And here also the Justice may if he please reward the Informer with a third part of the Penalty. See the Warrant in the Cabinet, Chap. 4. Sect. 5.  
5. As to such as Cry, show forth, 
Crying and showing of Wares.  offer, or put to sale any Goods, Wares, or Commodities, (except it he provision in an Inn, or Alehouse, or milk in London) upon this day; the things are to forfeited; and any Churchwardens, Constables, or Overseers of the poor, may without warrant from a Justice of Peace seize and secure them. Also any one Justice of Peace may give a Warrant to any such Officers so to do. Upon the Act of 6th of April, 1644; and 19th of April, 1650. And now it is added, That any one Justice of Peace upon proof of the offence by his own view, the confession of the party, or oath of witness, may give order to sell the goods, and give the money to the poor of the place where the goods were first seized. Or the Justice, if he please, may give the thirds thereof to the Informer, the rest to the poor. But this new thing must be done within a month after the offence is done, or it cannot now be done. Upon the new Act. 17th September, 1646. See in the Cabinet, a Precedent for it in the same place.  
6. As to such as Travail abroad on horseback, or on foot, without Licence 
Travellers.  of a Justice of Peace on this day. Any one Justice of Peace may upon his own sight of it, the confession of the offender, or proof thereof by oath of one witness, send his Warrant under his hand and seal to the Constables or Churchwardens of the place where, etc. to levy of the goods of the offender 10 s. to the use of the poor of the place where &c. by way of distress and sale thereof, rendering, etc. And then the Ordinance is further, That for lack of distress, the offender shall be put in the Stocks three hours. But the words being doubtfully penned, (as we shown before) and that it may be safe to put this clause, and to follow my Precedent for this in my Cabinet. Upon Ordinance of 6th of April, 1644. And here also the Justice may (if he please) give a third part of the forfeiture to the Informer.  
7. As to such as carry any Burdens, 
Carrying of Burdens.  or do any worldly work on this day; In this case, any one Justice of Peace. upon sight hereof, the Confession of the offender, or proof thereof by the Oath of one witness, may send his Warrant under his hand and Seal to the Constables or Churchwardens of the place where, etc. to levy of the oftenders goods ● s. to the use of the poor of the place where, etc. by way of distress and sale thereof, rendering, etc. And this is by the same Ordinance of 6th of April, 1644. where the case is the same, as in the last offence. And therefore the Justice (we conceive) may here also use the Clause, of putting in the Stocks three hours. And here also the Justice may (if he please) give a third part of the Forfeiture to the Informer.  
8. As to the Travellers, Wagoners, 
Time of coming in, and going out of the Inn Saturday nights.  Butchers, Higlers, Drovers, and their Servants, that shall come into their Inn Saturday night after 12 of the Clock, and go out Monday morning before one of the clock, without leave of a Justice of Peace. And as for such as Dance, prosanely sing, drink, or tipple in an Inn, Tavern, Alehouse, or Tobacco-house, or is there, or doth grind at a Corn-Mill on this day, without leave of a Justice of Peace; the traveller and Innkeeper, and all the rest forfeit 10 s. a piece. And as to them that execute any Writs, Orders, or Warrants (but in case of Treason, Felony, Breach of the Peace, or profanation of 
Serving process.  the Lordsday) upon this day; they forfeit 5 l. And as to them that use Coaches, Boats, Lighters, Horses, or 
Going wi●● Coaches, etc.  Sedans, but in case of God's Service, and for cause allowed by one Justice of Peace on this day, they forfeit 10 s. for every offence. And all these Forfeitures in these four cases lastly named, are by Warrant of one Justice of Peace under his hand and seal, to be levied of the goods of the offenders by distress and sale of their goods, etc. And for lack of distress, the offender is to be put six hours in the Stocks. But there is no 
Caution to the Justices.  way of Conviction of either of these offenders set down by the Act. of 19th of April, 1650. And therefore we conceive, that no Justice may grant his Warrant in either of these cases to levy the Forfeitures. But that it must be done by the Justices of the Peace in their Quarter-Sessions, if they have any 
Sessions.  power given to them therein by the Law; If not, it cannot be done at all.  
9 As to the common Brewers of Beer or Ale, the Soap-boiler, or distiller 
Brewers.  of Aqua-vita, or hot-Waters, that shall brew, or Tun any Beer, or Ale; boil or make any Soap, or distil or make any Aqua-vita, or hot-waters on this day; In this case any one Justice of Peace may within three months after the offence committed, upon the confession of the party, or oath of one witness, send his Warrant to the Constable of the place where, etc. to levy of the offender's goods the double value of what is brewed, etc. to the use of the poor of the place where, etc. and of the Informer, by way of distress and sale thereof, rendering, etc. And for lack of distress and nonpayment thereof, to send him to Bridewell for three months, and until he pay it. See Chap. 7. Sect. 6. Ord. Excise, 17th Septemb. 1656.  
10. As to Books written against the 
Books against the Day.  Morality of this day, and to countenance the profanation thereof; In this case any one Justice of Peace may burn them himself, or cause them to be burnt by others. Upon Ord. 6th of April, 1644.  
11. All persons must on this day apply 
How the Day is to be kept.  themselves to the Sanctification of it, by exercising themselves thereon in the duties of Piety and Religion, publicly and privately. Upon Ord. 6th of April, 1644. And this is added thereunto by the new Act, That if he be not allowed by some one Justice of Peace to absent himself, he is every Lordsday to resort to some Church, Chappel, or other convenient meetingplace of Christians, not distering in matters of Faith from the public profession of the Nation, being the true Protestant Christian Religion, contained in the Holy Scriptures of the New and Old Testament; under pain of 2 s. 6 d. The which any one Justice of Peace, upon his own Sight, the confession of the party, or the Oath of one witness, may by his Warrant cause to be levied of the offender's goods by way of distress and sale thereof, rendering, etc. But nothing can be done upon this new Act of 17. Septemb. 1656, but what is done within a month after the offence is done.  
12. Any one Justice may licence a 
Licence.  man to be absent from Church, to travail, or do worldly business, to be in an Inn, or such like house; to go earlier out of his Inn Manday morning, or come later into his Inn Saturday night; or to have a Coach, Horselitter, Boat, to travail and paste in it on this day. Upon the Law's beforenamed.  
13. By the new Act of 17th of September, 1656, most of all the offences before named, are called a profanation of this day; and some others, as playing on Instruments, vain sing, Dancing, the going of Fulling-Mills, the working in the washing, whiting, or drying of , thread, or yarn; the setting up, or burning of Turf or Beer, the gathering of Rates, except it be for the poor; the melting of Tallow and Wax by Chandler's, the baking by Bakers, the fitting and carrying home of  by Tailors, the Trimming of men by Barbers; the keeping of Fairs and Markets, and vain and idle walking about in any place. And by this new Law, my one Justice of Peace, in case of any of these offences done, may upon his own sight thereof, the Confession of the party, or oath of one witness, send his Warrant to the Constable of the place where, etc. to levy of the offender's goods 10 s. by way of distress, sale, etc. to the use of the poor of the place where, etc. But no Conviction can be of any man for any offence within this Law, but what is made within a month after the offence done. And by this new Law, any one Justice of Peace may within this month's time after the offence, send his Warrant to search for, discover, apprehend and bring before him such persons as he is informed, have profaned, or do profane the day in any of the particulars before named. But here we 
Caution.  cannot but tell you, That the offences formerly named, of Travelling, carrying burdens, and doing worldly labours or work of their ordinary Calling, the keeping, using, or being present at Wakes, Revels, wrestle, shootings, leapings, ringing of Bells for pleasure, Bowling, Feasts, Church-ales, Maypoles, Gaming, Bear-bayting, Bull-baiting, Butchers, and others, using of their Trades, which were offences against other laws, before the making of this Law, seem all tobe comprehended within this time now by the words of this Law, as to this purpose are provided, That no person shall be impeached or molested for any offence within this Act, unless he be thereof convicted within one month after the offence committed. And then it will follow, That as to all these offences newly named by this Act, they cannot be punished by any of the former Laws, but it must be done within the month. And the Justice of Peace must therefore be wary what he doth herein, and take heed how he useth the Warrants we have advised and drawn in the Clarks Cabinet, as touching the Lordsday, that do not agree with the Advice now herein laid down, without very good Advice.   

SECT. 32. About Malt.  
1. ANy one Justice of Peace may direct the Constable to sell such deceitful Malt, as he upon Search shall find, at the price the Justice shall set down. Upon 2 Ed. 6. 10 27 Eliz. 14. 1 jac. 25. 3 Car. 4. 21 jac. 28.  
2. There must be two Justices of the 
Recognisance.  Peace to convict an offender by his own Confession, or the Testimony of two witnesses of his breach of a Sessions-Order made for the Restraint of Maulsters, and to commit him to Goal three days, and after, till he become bound in a Recognisance of 40 l. to obey the Order. Upon 39 Eliz. 16.  
3. Any one Justice of Peace alone may take the Recognisance of 40 l. mentioned in the last head. Upon 39 Eliz. 16.   

SECT. 33. About Masters, Servants, and Apprentices.  
1. ANy two Justices of the Peace, 
Special Sessions.  (one of them being of the Quorum) may twice a year, between Micha●mas and Christmas, and Lady Day, and john the Baptist, for three days at a time, keep a special Sessions only to inquire of the matters, and severely to punish the offences against the Stat. of 5. Eliz. 4. about the Hiring, Keeping, Departing, working, wages, and order of Servants, Workmen, Artificers, Apprentices, and Labourers,. And the Justices are to have each of them 5 s. a day out of the Forfeitures, for the time the Sessions doth last, for their pains herein.  
2. It is said that any one Justice of Peace may out of Sessions upon this Law, do any one of these things following. 1. By the Agreement of the Master and his Apprentice, and by writing under the Master's hand, discharge the Apprentice of his Apprenticeship. 2. Allow of the cause of putting away of a Servant, but not of an Apprentice within his time 3. Hear and end any difference that shall arise between the Master and his Servant, or Apprentice, about his not Serving being hired, his parting before his tinie be ended, or his misbehaviour in the time of his service, and make an order herein between them. And if the Master will not obey it, bind him to appear at the Sessions; and if the Servant or Apprentice refuse to obey it, bind him to the good behaviour, and to appear there also. 4. Put in the Stocks for two days and one night such a one, as he in his discretion shall think fit, and shall command to wo●k in the Harvest time for the saving of Corn or Hay. 5. Send to the Goal or house of Correction, common Labourers that will not work for the wages set down by the Justices, and others that have nothing but their work to live by, and will not work for reasonable wages. 6. Hear and end any difference between the Clothiers and their Workmen, Upon 4. Ed. 4. 1. 7. Send for and commit to ward him that refuseth to serve as an Apprentice according to 5 Eliz. 4.  
3. There must be two Justices to do any of these following things. 1. To bind to the good behaviour, and to appear at the Sessions, or to send to the Bridewell such as having no ability to live by, but their work, and live out of Service, and have been by the Justices limited to a time to put themselves into Service and have not done it within the time. 2. To punish the Servant by Imprisonment that is retained according to, and in, the Trades named by the Statute, and doth refuse to serve, till he give bond to serve or to punish him so for any miscarriage in his Service, or to punish him for his going away before his time be expired; or to punish him for. his going away without giving warning when his time is ended. 3. To imprison such Women above 12 years old, and under 40 years old, unmarried, as are compellable to serve by the Statute, and refuse to go to service till they give bond to do it. 4. To lay the 40 s. Fine upon the Master● for putting away his Servant within his time, or at the end of his time, without giving of him a quarter's warning. 5. To punish the Master by the 5 l. Fine, and Imprisonment ten days, for giving of more wages than is set down by the Justice upon the Statute. And to imprison the Servant 21 days for the taking of that wages. 6. To put in Prison for one year, or for less time, the Servant that upon his own Confession or the oath of two witnesses before them is proved to have made an Assray, or assault on his Master, Mistress, or Governor. 7. To inflict the Fine of Five pound upon the Master that retaineth the Servant without a Testimonial according to the Statute. 8. To commit him to Prison that doth hire a Servant for less time than a year. 9 To imprison a Labourer, and Fine him 5 l. for departing from the Work he hath undertaken against the will of the Master, before he hath ended it.  
4. But our Advise to the Justices of Peace herein is. That they be very 
Caveat to the Justices.  cautious what they do out of Sessions, these things upon this Statute, and that they use not some of my Warrants, as to this, I have given in the Clarks Cabinet. See chap. 7. Sect. 6. For there is a Clause in it. That every Retainer, and giving of wages, contrary to the true meaning of the Statute shall be void. And there are few Retainers according to the Statute. Besides there is some doubt either in the power and way of Conviction of the Offender, or levying of the Forseiture for the Offence, upon most of the branches of the Statute. And yet this perhaps, a Justice may adventure to do. If a Labourer be in his presence, and idle, and disengaged, and he refuse to work in a time of need in the Harvest, to commit him according to the Statute. And such as have had time set them by the Justices, wherein to set themselves into a Service, and they do it not, and the parties be before them and confess it, and are wilful; there the Justices may Proceed against them according to the Stitute. And in case of purloining by Servants from their Masters, and where the Contumacy, and miscarriage of Servants towards their Masters is very fowl, there they may adventure, and so may one Justice (perhaps by the very Common-Law, and of his own discretion) to bind him to the good behaviour, and to appear at the Sessions. And for differences that arise between Masters and Servants, and Apprentices, any Justice may of his discretion labour to set them agreed, and by consent of both parties, order any thing between them. And in some Cases where he seethe a stubbornness, bind over the party to appear at Sessions. But other wise the safe way is to refer these matters to, and to have all these offenders punished at the Quarter-Sessions. For we do not perceive that it can well be done any where else.  
5. Every Justice not hindered by Sickness, or other good cause, is to be present at the Taxing of wages, under pain of 10 l. by 5 Eliz. 4. 1. jac. 6.  
6. As to a Clothier, or other, that 
Clothiers for wages.  refuseth to pay to his Workmen the wages set down by the Justices at the Sessions. In this case, two Justices of the Peace (one of them of the Quorum) may upon the Confession of the offender himself, or the proof thereof, [but doth not say, upon oath] of two lawful and sufficient witnesses, before them, send their Warrant to the Constables of the place where, etc. to levy the 10 s. Forfeiture upon the offender by distress and sale of his goods. Upon 1 jac. 6.  
7. If any Servant or Apprentice shall imbecile or steal away the goods of his Master, any one Justice of Peace, if by circumstances the case comes to a plain Felony, may deal with him, as he doth with other men in cases of Felony, according to the nature of the case. But for this, see 21 H. 8 7. & 33 H. 6. 1. and Dalton's justice of Peace, page 95. and 320. See the Cabinet for the Precedents to some of these things, in Chap. 13.  
8. Poor people that have many children, 
Binding poor children Apprentices.  The Overseers of the poor, with the consent of two Justices, may bind them Apprentices. And if their Parents hinder their binding, or being bound, entice them away, the Parents may be sent to Bridewell by the Resolution of the Judges, 1633. But this we conceive must be by the Justices in, and not out of, their Sessions.  
9 If any such person as by the 
Servants to service. Bridewell.  5 Eliz. 4. are appointed to be in service, as one brought up in husbandry under 30 years old, or a Maid-Servant brought up in any of the Trades named in the Statute, live out of Service, not having visible means to maintain themselves without their labour, and refuse to serve as an hired servant by the year, and he or she hath been warned by two Justices, to put herself into service by such a time, and doth not, such person may be sent to the house of Correction; Resol. of judges, 1633. But this we conceive also must be done by the Justices within, and may not be done by any of the Justices out of their Sessions: And that if the Justices will do any thing against such persons out of the Sessions, it is more safe to do it by binding of them to the 
Good Behaviour.  good Behaviour.   

SECT. 34. About Ministers or Preachers.  
1. AS to him that shall wilfully disturb a Minister in his open Sermon, 
Disturb him in his Sermon.  or rescue him that hath so done; In this case any one Justice of Peace upon Complaint hereof only, may commit him to safe keeping for six days. But then there must be two Justices; (one of them being the same Justice that did commit him) who within the six days must examine the matter. And if they find either by his own Confession, or the proof of two Witnesses, that he is guilty of the offence, then may they commit him to prison for three months. Upon 1 Mar. 3. But this Statute doth 
Caveat to Justices.  not say, Whether the proof shall be by oath, nor give power to the Justices to administer the Oath. And therefore it is best to let such an offender be punished by the Sessions.  
2. But now by the New Act of 17th of September, 1656, If any do of purpose molest a Minister in his Preaching, or other public duty, upon any day, or in his going to, or coming from it. Or do make any public disturbance upon any part of the Lordsday, And he be thereupon brought (as he may be) 
Lordsday.  to a Justice of Peace, The Justice of Peace may either upon sight of it, the parties own confession, or the proof thereof by the oath of one Witness, commit the offender to Prison without Bail, till the next Quarter-Sessions. But this may not be done, neither by this Act, except it be done within the month after the offence is committed.  
3. As to a Scandalous Minister duly 
Eeected Ministers disturbed by them that were cast out.  put out of any Living by authority of Parliament, that doth enter upon and out the Minister put in his Room, and by himself or others binder him to receive the profits thereof; In this case any two Justices of Peace may upon proof hereof by two witnesses, (but doth not say, upon Oath) give such damages to the party wronged, as they think fit, and settle him that is so put out, in his quiet possession; and in this raise the Trained-Bands to assist him. And if he shall by himself, or other, make any disturbance upon the Minister so put in, in the execution of his Office; the same Justices upon proof thereof, by the Oath of two witnesses, may commit the offender to prison for one month. Upon Ord. 23 of August, 1647. and 8th of November, 1644. and 4th of April, 1648. and August, 1654. and 17th of Septemb. 1656.   

SECT. 35. About a Mittimus.  
AS to this Mittimus, which is the Justice of Peace his Warrant by which he sends a Prisoner to the Goal, or to Bridewell, take these things:  
1. It must be in Writing, under the Name, Hand and Seal of the Justice.  
2. It must express his Office, Place, and Authority: as, W. S. Esquire, one of the Justices, etc.  
3. It must be directed to the Gaoler, or keeper of the Prison.  
4. It must express both the Names, the Christian and Surname of the party committed.  
5. It must express the cause somewhat certainly of his Commitment, as that it is for Treason, Burglary, or Robbery, or for Felony, or the Suspicion thereof; and where it is for Felony, to say, for Felony, by stealing a horse, and the like.  
6. It must have an apt Conclusion, The prisoner safely to keep, until he be delivered by due order of Law, and the like.  
7. And lastly, it must express the time of the making of it. Coo. 2. Part of Instit. 591. And a Mittimus, with this cause, To answer to such matters as shall be objected against him. Or, To keep the prisoner, till he that made it, shall give order for his deliverances, is not good. And so if it be a Commitment to Bridewell, it is good to set down the cause, as to say, because he is an idle, or inordinate person, etc. See Presidents for it, in the Clark's Cabinet, Chap. 25. and in Chap. 6.   

SECT. 36. About Nightwalkers.  
AS to Nightwalkers, that are idle Fellows, who use to sleep by day, and walk abroad by night, and are suspected to live by some dishonest courses; In this Case any one Justice of Peace, either of his own head, if he know them to besuch, or by the Information of others upon Oath thereof by his Warrant may cause them to be arrested, and to be brought before some Justice of Peace, to put in Surety for their good Behaviour, or else to be sent to Gaol till they so do. And if any Watchmen of their own heads do arrest such (as they may) and bring them to the Justice of Peace to be so dealt with, the Justice may so proceed against them. See Good Behaviour.   

SECT. 37. About Oaths.  
AS to this, these things are to be known,  
2. The Oaths of Allegiance, Obedience, and Supremacy, named in 1. Eliz. 
Oath of Allegiance, etc.  3. 4 jac. and other Statutes, they are all of them taken away by the Act. 9 january, 1648.  
2. Any one Justice of the four that do Licence a confined Recusant to Travel, 
To a Recusant.  may give him the Oath appointed, by the Statute of 3 jac. 5.  
3. Any one Justice of the County where a Robbery is done, and dwelling 
To him that is rob.  in or near to the Hundred wherein it is done, may within 40 days of the doing thereof, take his Oath that is rob, whether he knew any of the Thiefs, upon 27 Eliz. 13.  
4. Any one Justice of Peace may 
To him that desires surety of the Peace.  give the Oath to him that desires surety of the Peace against another. See Peace.  
5. Any one Justice of Peace may give the Oath to these Offices following when they come into their Officers. By common usage they give the Oath to the High-Constable, and the Petty-Constable; 
To Constables and some other Officers.  And they may give the Oath to the under Conservators of Rivers: But to swear Overseers of Cloth, there must be two Justices.  
6. There must be two Justices of the Peace, (one of them of the Quorum) without Commission to give the Oaths of the under Sheriffs, their Bailiffs, Deputies, and Clarks at their first entrance 
To the Undersheriff and his Officers.  into their Offices. Upon 27. Eliz. 12.  
7. There must be two such Justices to give the Oath to the Collectors of the Sheriff's Amercements for the County Court, that they shall Collect no more than is due. Upon 11. H. 7. 15.  
8. Any two Justices of the Peace may give to the Overseers of Cloth their 
To Overseers of Cloth.  Oath. upon 3. Ed. 6. 2. 39 Eliz. 20. 43. Eliz. 12.  
9 Any two Justices may give them 
To Overseers of them that are sick of the Plague.  their Oath that are to be Overseers of them that are infected with the Plague, upon 1 jac. 31.  
10. There must be three Justices 
To them that deprave the Sacrament  (one of them of the Quorum) to take the Information of witnesses against such as speak irreverently of the Lords Supper. Upon 1 Ed. 6. 1.  
11. And what Justices may take the Informations upon Oath against other Offenders upon penal Laws, see in the Several Titles.  
12. The Justices must take heed of 
New oaths.  imposing new Oaths (especially out of Sessions) For it is a Rule. That the giving of every Oath must be warranted by Act of Parliament, or by the Common law, time out of Mind. Coo. 2. part. Inst. 479. They must also take heed of imposing the old Ceremony of 
How an Oath must be taken.  laying the right hand on the Bible in the taking of an Oath. For any man may now (if he will) in stead thereof during the time of his taking of it, hold up his right hand (only.) See the Act of 5 Septemb. 1649. For the Oaths of Mayors, etc.   

SECT. 38. About Officers, and Offices.  
AS to this, And what the Justices of peace may do about this out of their Sessions, these things are to be known.  
1. That the Justices of the Peace of the County have somewhat to do in the making and Government of divers of the Officers of the County, Hundreds, Parishes, and Places within the County.  
2. The Treasurers of the County-stock, albeit they be chosen and made at 
Treasurers of the County-stock. Masters of Bridewell  and are under the Government, and order of the Quarter-Sessions; yet may any two Justices, by order of the Sessions levy by sale of goods, the Fine set by the Sessions, on the Treasures for the neglect of their office, Upon 43 Eliz. 2.  
3. Any one Justice may punish the defaults of Sheriffs, by not returning 
Sher●ff●●,  good Jurors to inquire in a case of Forcible entry, before him, upon 8 H. 6. 9 But see more of this in Sheriffs, Sect. 50.  
4. What one Justice may do in the making or remove of Constables; See 
constables  Constables, Sect. 11. of this chap.  
5. The Justices themselves being all of them Conservators of the Rivers, 
Conservators of Rivers.  each of them may choose others under them to oversee the Rivers, upon 27 R. 2. 9  
6. Any two Justices may appoint searchers of Tiles, upon 17 Ed. 4. 4. 
Searchers of tiles.   
7. Two Justices may make and call to account once a year Overseers of 
Overseers of Cloth.  Cloth, and bind them by Oath and bond to do their duty. Upon 3. and 4. Ed. 6. 2.  
8. Two Justices of the nearest to the 
Overseers of the poor.  Parish, are within a Month of Easter every year, to appoint two or more of every Parish, to be Overseers of the Poor of the Parish. For which See 43. Eliz. 2. and poor. Sect. 43. of this chap.  
9 Two Justices of the nearest to the Parish must under their hands and feals 
Churchwardens.  approve the yearly choice of the Churchwardens of Parishes. For this, see Church, Sect. 9 of this chap.  
10. Two Justices may call Treasurers of the County stock, High-Constables, 
Calling them to Account.  Petty-Constables, or others their Executors or Administrators, who have been formerly trusted with the Receipt of any Money charged on a Parish by the Statute of 43 Eliz and order the payment thereof to the County Treasurers. So they may call them to an account for any money belonging to maimed Soldiers. And so Officers that have received any money to the use of the poor, Upon the Ord. of May 1647, and 24. of December 1647. But for the Accounts of Churchwardens, Overseers of the Poor, Surveyors of the High way, See in the Titles themselves.  
11. Any one Justice may call Watchmen 
Watchmen.,  to an account of the Execution of their Office. And if he find them negligent therein, cause them to be bound to the good behaviour, or to be indicted at the Sessions for it.  
12. For other things about. Rogues, Drunkards, Sabbath-breakers, Poor, Church, and the like, what Warrants Justices may send to Officers, and what they are to do upon them, See in the proper Titles.   

SECT. 39 About the Peace, and Surety of the Peace.  
ANy one Justice of Peace may of his own head, without Motion of another, and by his own power, put him to give Sureties for the Peace that he knows to be a common Ryotor, or common Barretor, or that maketh an Affray upon him, or upon another in his presence, or that is about to make an Affray, or that doth threaten another to beat or kill him, or burn his house; or that doth go or ride armed in a terrible way, or the like, without any information, complaint, or Oath of anyother man; Also he may upon the request of another, and the offer of his Oath, that he standeth in fear of his life, or some bodily hurt, or the firing of his house by another man, whether it be true or false, take his Oath, or perhaps he may do it without Oath, for we conceive it to be in his discretion. And then he may send his Warrant to bring the party before him, or some other Justice of the Peace (if he be not in his presence) to give surety for the Peace, or if he refuse, to carry him to Goal, till he so do. And if he be in his presence, he may require him to put in Sureties to keep the Peace. And the Sureties, and the Sum in which they are to be bound, must be according to his discretion, which is to be guided by reason, and to be greater or less, as the case is more or less dangerous. And if he refuse so to do, he may send him by a Mittimus to the Goal, till he shall so do. But for, and after an Affray past, and without any such Oath taken, or cause of Suspicion of a new Affray, 
Caution to Justices.  to send this Warrant, and take this. Surety, or to send to Goal any man refusing, is not safe for a Justice of Peace. And yet if he have proof, that the Affrayors are newly parted, and like enough to fight again, there perhaps he may put them both to give surety for the Peace.   

SECT. 40. About Plays, and Games.  
AS to such as keep houses of Dicing 
Cards, Dice, Tables, etc.  Carding, Tables, and of the like unlawful Games, and such as haunt such houses, and play there, not Licenced by the Lord Protector. Any one Justice of Peace may in this case go into the house he doth suspect, where such Play is, And if he catch them in the manner, and they be not such as are excepted in the Law, he may commit the keeper of the house, and those that play in his house, to prison, until they enter into Recognizance never to offend so again. But he (as we conceive) 
Caution to Justices.  may not without good advice send his Warrant to levy the 40 s. on him that keeps the house, and the 6 s. 8 d. on him that playeth, because no such power is given him by the Statute of 33 H. 8. 9 2 & 3 Ph. and M. 9 12 R. 2. 6. 11 H. 4. 4. 17 Ed. 3. 4.  
2. As to the Artificer, or his Journeyman, a Hushandman, an Apprentice, Labourer, Servant at Husbandry, or other Servant, without his Master's leave; Mary-man, Fisherman, or Servingman, that playeth at Tables, Tennis, Dice, Cards, Bowls, clash-coyting, Logating, or other unlawful game out of Christmas, or then out of their Master's house and presence. And as to any man whatsoever that shall play at Bowls in any open place out of his Garden or Orchard; In this case any one Justice of Peace that doth find him at it, and that he is not excepted out of the Statute, may commit him to prison, till he enter into Recognizance never to do so again. Upon 33 H. 8. 9 But he may not give Warrant to levy the Forfeitures of 20 s. and 6 s. 8 d. in these cases.  
3. Any one Justice may inquire into 
Archery.  the execution of the Statute of 33 H. 8. 9 about Bows and Arrows, and acquaint the Sessions with what he findeth. And may estreat the 10 l. into the Exchequer, against such as are Convict before him for shooting in a Crossbow, or Hand-Gun. Upon 
Guns.  33 H. 8. 6. See Armour.  
4. As to Stage-Players, these things 
Stage-Players, etc.  are to be known: 1. That they are after one Conviction, albeit they do not wander up and down, yet to be accounted incorrigible Rogues: and so any one Justice may deal with them, as he may deal with a Rogue. By Ord. 
Rogue.  11 Febr. 1647. 2. So much as the money there received for to see a Play, shall be forfeit to the poor of the place. 3. Any two Justices of the Peace of the County wherein such a Collection hath been made, upon complaint and proof thereof before him upon Oath, may by Warrant under their hands and seals command the Constables and Churchwardens to levy the same by way of distress and sale of Goods, rendering, etc. 4. As to such as have been at such a Play; In this case any one Justice of Peace, upon the confession of the party, or proof thereof by one witness, may send his Warrant to theChurch-wardens or Constables of the place where, etc. to levy 5 s. of him ' to the use of the poor of the place where, etc. by way of distress and sale of goods, rendering, etc. Ord. 11th of Febr. 1647. 5. The Lord Mayor of London, and Justices of Peace of London, Westminster, Middlesex, and Surrey, or any two of them within their limits, may destroy Stage-Play-boxes, Galleries, etc. 6. As to the Actors in such Plays within the last named places, any two Justices of the Peace of the same Counties within their own limits, upon their own view thereof, or Oath of two witnesses, within two months after the offence done, may by their Warrants under their hands and seals, cause the offender to be apprehended, and openly whipped in some Market-Town, and cause him also to enter into a Recognisance with two sufficient Sureties, that he will never so offend again; and commit to prison till he shall so do. And if after he offend again, they are to deal with him as an incorrigible Rogue. But this power in 
jucorrigible-rogue.  this thing is not given to the Justices of the Peace of any other County. Upon this Ordinance of 11th of February, 1647.  
5. If any Maypole be set up in any 
Maypoles.  place, Any one Justice of Peace may upon sight thereof, or Confession of the party, or proof of one witness upon Oath, give Warrant under his hand and seal to the present Constables or Churchwardens of the place where, etc. to levy by way of distress and sale of the goods of them that were the Constables and Churchwardens of the Parish at the time of the setting, and continuance of it up, 5 s. a week, for every week it stood aster it was erected, before it was taken down. And for lack of distress, or where there is an inability to pay the Forfeiture, to put them in the Stocks three hours. Ord. 6th of April, 1644. where the words of the Law, as to this last branch of putting in the Stocks three hours, are a little doubtful. And yet we think the Justice may safely insert that clause in his Warrant in this case also, and follow our Precedent in that, in the Cabinet, Chap. 23. Sect. 4.  
6. The Justices are authorized to 
Cock-Matches.  hinder, disturb. and disperse Meetings for Cock-Matches. Upon Ordinance of 31 March, 1654. and 17 of Septemb. 1656. And by this we conceive, the Justices may entreat or command them to departed. And if they show themselves disobedient, etc. perhaps bind them to the Peace or Good Behaviour, upon good advice.   

SECT. 41. About the Plague.  
ANy one Justice of Peace may compel him that hath the Plague to keep in. And if after command, he refuse, albeit he have not the Sore upon him; yet the Justice may punish him as a Vagabond, and also bind to 
Vagabond. Good Behaviour.  the good Behaviour for one year. And one Justice also may according to his discretion appoint Searchers, Watchmen, and Keepers to look to and govern them that are sick of the disease. But there must be two Justices to set, and issue out Warrants to levy the Rate 
Rate.  for the Relief of the persons infected. 1 jac. 31. 21 jac. 28.   

SECT. 42. About the poor.  
AS to this, and what the Justices of Peace may do herein out of the Quarter-Sessions, take these things.  
1. It is said that two Justices may send to the Bridewell, or common Goal, such idle poor as will not work, being thereunto appointed by the Overseers, Upon 43 Eliz. 2. But there is no way of Conviction of them by that Statute, 
Caution to Justices.  and therefore we do not conceive it warrantable for Justices so to do out of the Quarter-Sessions. See Correction-house. See chap. 7. Sect. 6.  
2. There must be two Justices of them that are nearest to the place, that must yearly within a Month of Easter, under 
Making Overseers of the poor.  their hands and Seals, appoint two, or more Overseers of the Poor, to be joined with the Churchwardens of the Parish, to look to the Poor of the Parish. And if the Justices do not do it, they forfeit 5 l. a piece. So there must be two such Justices to allow of, and subscribe the Rates there made for the 
Rates.  poor; to force them that refuse to pay it, and to force the Overseers at the end of their year to Accounts, and to pay over the Money remaining in their 
Account.  hands to their Successors. And these two Justices may if they perceive a Parish overcharged with their Poor, and not able to bear the poor thereof, lay a Rate upon any other Parish within the Hundred to help them. But if they go 
Sessions.  further than the Hundred with the Rate, than it must be done at the Sessions. And there a Rate may be imposed upon any part of the County for Contribution to that Parish. And there also a Rate may be imposed upon the Parents, Grand-Parents, or Children of 
Parents to relieve Children.  such as are poor towards their relief. The which they are to pay, or forfeit 20 s. a Month. And these two Justices may give their Warrant to the Churchwardens and Overseers of the Poor, to levy the Rate by distress and sale of goods, upon such as rated, and for lack of distress, to send them to prison till it be paid. Also these two Justices may send their Warrant to the present, or subsequent Churchwardens, and Overseers, to levy by distress and sale of goods, all Arrears of Rates remaining in any man's hands. And for lack of distress to send them to Goal, till it be paid, Upon 49 Eliz. 2. 39 Eliz. 3.  
3. Any two Justices may compel the Overseers and Churchwardens at the end of their year to account, and pay over to their Successors the Money remaining in their hands at the end of their year, or the 20 s. forfeiture for neglect of it, or of one part of the Duty of their Office, and cause it to be levied by way of distress and sale of goods, and for lack of distress to imprison the parties, upon 43 Eliz. 2. And so may two Justices take account of these Officers yearly of their Employment of all such Money as they have in their hands of any man's gift, for the binding of poor Children Apprentices, Upon 7. jac. 3.  
4. Any two Justices may join with the Churchwardens and Overseers of the Poor, in the placing of the children of Poor people at the Parish-charge, or otherwise, with Husbandmen, or other Tradesmen, and punish them that will not take them, by putting them to give surety of the good Behaviour, and to appear at Sessions. And 
Good Behaviour.  punish also the Parents that refuse to let their Children to go, and the Children that refuse to go, Upon 43 Eliz. 2. 5. Any two Justices may agree to and Licence the setting up of a Trade in the Parish to set the Poor on work there, Upon 43 Eliz. 2.  
5. Any two Justices may under their hands appoint present Relief to any poor Soldier hurt in the late Wars, and the Wives and Children of such 
Poor Soldiers and Mariners, their Wives and Children.  as were slain or died in the same Wars, till the Quarter-Sessions. But for this, take these things, 1. There must be two Justices living near to the place where the maimed Soldier or Mariner in the last Wars, before the 22d of May, 1647, settled when he took up Arms, that upon a Certificate of his Service and or his hurt, under the hand of his Captain, or his Commissary Officer, or (in case where they be dead) under the hands of other persons of credit, who may examine the Truth of the thing by his own Oath, and by Witnesses, and appoint the Treasurer of the public money to this use, to give him Relief till the next Quarter-Sessions, And then a Pension 
Pension.  may be given to him. 2. And as to the Widows and Orphans of the Soldiers 
Widows and Orphans of Soldiers slain or dead.  or Mariners that were slain, or died in those Wars; In this case, the two next Justices may by warrant under their hands, appoint the Treasurers what to give them for their Relief, and to acquaint the next Sessions therewith, to the end it may be continued, or determined. Ord. May 22. 1647. August, 1647. December, 1647. September, 1651. 3. Every Justice is to take order for the Relief of all the maimed Soldiers belonging to the Ar●its in England, Scotland, and Ireland, and the Widows and Orphans of such Soldiers as have been slain there, as soon as they bring into them such a Certificate as is mentioned in the Ord. of 30th Septemb. 1651. or be sent unto them by the Treasurer for maimed Soldiers by a Pass, under their hands and the public seal of their Office, for that purpose, the same allowance not exceeding 4 s. a week to one such Soldier, or Widow, Or if they be able to work, the same Justice is to provide that they may have such work, as to get 4 s. a week. And the Justices are to help to place their Children Apprentices. The same Ordinance of 30th September, 1651.  
6. Any two Justices next to the place where a poor Mariner or Soldier that is become from beyond Sea to his place of Settlement, and can get no work, to take order to set him on work, and to 
Rate.  tax the Hundred for his Relief, till he can have work. 39 Eliz. 17.  
7. How the idle poor that will not work, shall be ordered; and disorderly poor punished, see Rogues, Sect. 48. of this Chapter.  
For the binding of poor Children Apprentices, see Sect. 33. Numb. 8.   

SECT. 43. About Rates and Assessments.  
AS to this, what may be done herein out of Sessions, take these things:  
1. Four Justices may with the Consent of the Constables of a place set a Rate for the repair of a Bridge. Upon 
For Bridges.  12 H. 8. 5.  
2. In case where the Parishioners, 
For Kings-Bench, etc. Maimed Soldiers, etc.  Constables, and Churchwardens of a Parish shall all of them neglect to set and distribute upon the Parishioners the Rate set by the Justices of the Peace in the Quarter-Sessions, for the Kings-Bench and Marshalsies; In this case, any one or more Justices of the Peace, may by him or themselves alone set the Rate, and give Warrant to levy it by distress and sale of goods, etc. and for lack of distress, to send the party to Goal till payment. Upon 43 Eliz. 2. And so likewise he may do (save only as to Commitment upon the Rate for Relief of maimed Soldiers and Mariners. Upon 43 Eliz. 3.  
3. There must be two Justices of the Peace (and one of them of the Quorum) to Rate, and give Warrant to levy the 
Poor.  Rate set upon other Parishes of the Hundred, for the help of another Parish not able to keep the poor thereof. Upon 43 Eliz. 2. So for a Rate set upon a Hundred for the Relief of a poor Soldier or Mariner that is come from the Sea, and wanteth work or relief. Upon 39 Eliz. 17. See Sect. 38. of this Chapter.  
4. The Justices may (and, as it seems, out of Sessions) set down the 
For Barrels and Firkins of Ale.  Rates that the Brewers of Ale and Beer within the County shall sell by, their Barrels, Kilderkins or Firkins of Ale or Beer, which they may not exceed. Upon 23 H. 34. But the fittest place to do this, is in the public Sessions.  
5. For the Rate of a Hundred charged with the money lost by a Robbery, see Robbery, Sect. 47. of this Chapter.  
6. For the Rates of Poor, see Poor. Of Churches, see Churches.  
7. For the Rate to carry a Prisoner to Goal, and what the Justices may do therein out of Sessions, see it in Goal, Sect. 20. of this Chapter.  
8. For the Plague, see Plague, Sect. 41. of this Chapter.   

SECT. 40. About the Posse-Comitatus.  
ANy one Justice of Peace, if he have cause; as to keep the Peace, suppress a Riot, take a Felon, or the like, may raise, command, and use all the power of the County; and every man required by him, is to obey him herein; or may be punished by the Sessions for his neglect or contempt of his authority herein.   

SECT. 44. About Recognizances.  
1. ANy one Justice of Peace may take a Recognisance for the Peace, or good Behaviour, or for a man's appearing at the Assizes, or at the Sessions, to prosecute or give evidence, to bail a prisoner where he is bailable, or the like: And this by the Common-Law.  
2. Any one Justice may take a Recognisance upon divers Statutes; as of such as keep, or use houses of unlawful games, that they shall do so no more. Of such as are suspect to use Logwood, and of their witnesses: of such as take Partridges, and Hawkers in corn, to appear at Sessions: of such as are convict for taking or killing of Pheasants and Partridges, to do so no more: of the Master that shall abuse his Apprentice, that he appear at Sessions: of him that is rob, that intends to be relieved against the Hundred, Upon 27 Eliz. and some others.  
3. There must be 2 Justices of the Peace (one of them of the Quorum) to take Recognizances of Ale housekeepers, to bail a Prisoner bailable for Felony. And so in other cases where the Statute doth say, there must be 2. Justices.  
4. Every Justice is to see to it, that the Recognizances taken by himself, or by himself, another, or other Justices; that they be (especially if they be for the bailing of Felons) returned into the next Assizes, or Sessions, (as the case is) before the Judges or Justices there, to be proceeded upon there.   

SECT. 45. About Recusants.  
AS to this sort of people, these things are to be known:  
1. If any Jesuit or Priest be made 
Jesuit. Priest.  known to him, he must acquaint one of the Privy-Council with it within 28 days, under pain of 200 Marks. Upon 27 Eliz. 2.  
2. If any Agnus Dei be discovered to 
Agnus Dei.  him, he must acquaint one of the Privy-Council with it, within 14 days. Upon 13 Eliz. 2.  
3. One Justice may require a Popish Recusant within three months after his Conviction, to submit and declare his conformity to the Laws of Recusants. And in case he do not so, he may, if it he not a Feme Cevert, require him to abjure the Realm: But the Abjuration must be in the Quarter-Sessions, 
Abjuration.  35 Eliz. 1. 21 jac. 28. So one Justice may within 3. days after Mass said, take Information of it. Upon 
Mass.  3 jac. 5. So he may require a Popish Recusant above 16 years old, who shall travail above five miles from his dwelling 
Travail.  without Licence, if he have less than 20 Marks a year, or 40 l. in goods, to conform. Upon 35 Eliz. 2. So to send to Goal without Bail a suspected Jesuit or Priest, that being brought before him upon a suspicion, refuseth to answer directly, whether he be a Popish Priest or Jesuit. Upon 35 Eliz. 2.  
4. There must be two Justices of Peace to give an Oath to a Recusant, 
Oath.  licenced by them two, and two other Justices, to travail● Upon 3 jac. 5. and 35 Eliz. 2. So to search the houses of such men who, or whose Wives, are suspect Papists for Popish Books and 
Books Popish.  Relics, and to burn them; or if they be of value, to deface and restore them. Upon 3 jac. 4. So to take the submission of one that hath been Reconciled to the Church, who within six days after his Return, shall tender it to them. Upon 3 jac. 4. So to take the Abjuration of a Popish Recusant. By 35 Eliz. 2. So to require a Popish Recusant above 16 years old, which shall travail above five Miles from his dwelling, without licence, if he have less than twenty Marks  by the year, or forty pound in goods, to conform in three months, or else abjure, and to certify it to the Assizes. Upon 35 Eliz. 2. So if being 16 years, and have not 20 marks a year, etc. and to travail, and required by one Justice of Peace to conform within three months, then to require him to abjure, and to certify the Abjuration 
Abjure.  to the next Assizes. Upon 35 Eliz 2. And there must be two (and one of them of the Quorum) to send to prison a woman Covert Recusant, not conforming in three months, unless her husband will pay ten pound a month, or the thirds of his Lands. On 7 jac. 6.  
5. Any two Justices of the Peace may send for any person above 16 years old, that they suspect to be a Papist, and cause him to be bound by Recognizance, to appear at the next Sessions, to take the Oath of Abjuration. And upon his refusal, commit him to safe custody without bail, till the next Quarter-Sessions: And if he come not upon this to the Sessions, they are to present him to the Sessions as suspicious, or they sorfeit 20 l. Act. 17 Septemb. 1656.  
6. Two or more of them of every Division, must send their Warrant four times in the year, once a Quarter, and 28 days at least before the Quarter-Sessions, to the Constables and Churchwardens of the Parishes within their limits, to require them at some time and place, 14 days before the Quarter-Sessions, to present upon their Oaths to them the Names, Surnames, Additions and places of abode, of all such of 16 years old or upwards, as are suspect to be Papists, or Popishly affected. And then taking their Oath to the Presentment, shall by their Warrant to the Constable, require him to summon such persons presented, either by delivering a Note in writing, or leaving it at his house or usual place of abode, to appear in person at the next Quarter-Sessions, when and where they. shall deliver in the same Presentment openly in the Court to be Recorded. Act. 17. Septemb. 1656.   

SECT. 46. About a Riot, Rout, and unlawful Assembly.  
AS to Riots, Routs, and unlawful Assemblies; In these Cases any one Justice of Peace, upon complaint to him made, or notice to him given thereof, if it continue, he must if he be able, go to the place and view it; And there he must first of all quiet it, and remove the Force. For the doing whereof, he may (if he see cause) raise the power of the County to assist him. And if he find the Ryotors at the place, he is to disarm them, send them to Prison, and 
Good Behaviour.  bind them to the good behaviour. And if the Justice cannot go himself to the place, he may command his servants or others to go to the place to suppress it, and bring the Riotors before him, to find the Sureties for the good behaviour, or if they refuse so to do, send them to Goal. But if the Riot be past. Then the Justice is to call in to his help, another Justice, and let one of them be of the Quorum, and by a special Sessions called and commanded by the Warrant to the Sherists, to bring a Jewry before them, and to charge this Jewry to inquire of the Oftence. And if the Jewry find the Offenders guilty, the Justices are to record it, fine them, and send them to Goal till they pay their Fine, upon 1 H. 5. 4. 13 H. 4. 7. 19 H. 7. 13. See in chap. 3. sect. 4.   

SECT. 47. About a Robbery.  
AS to Robberies, where the Hundred is chargeable for the Money taken away. And where default is found in the prosecution of the Felon by another hundred, and the one half of the Money is recoverable upon that hundred, by the party rob, in the name of the Clerk of the Peace of the County; by 13 Ed. 1. 2. and 28 Ed. 3. 11. And for an equal distribution in both these Cases; any two Justices of Peace (one of them of the Quorum) living in or near to the place, may set the Rate upon the Towns of the Hundreds. And after the Constables of the Towns and Parishes have distributed and set it, and 
Rate.  levied it by distress and sale of goods, which they are to do by their Offices without Warrant from any other, And therefore we would not advise you to use for this, the Warrant in the Clark's Cabinet, chap. 16. Numb. 1. And then they are to deliver the same money to one of the same Justices of Peace. And this money the Justice that receiveth it, is to see paid to them for whose use it was raised, Upon 27 Eliz. 13.   

SECT. 48. About Rogues, Vagabonds, and Idle persons.  
AS to all these kind of persons these things are to be known.  
1. That as for idle, lose, and dissolute persons, which wander from their 
Idle persons.  usual place of living and abode, and can give no good reason for their travel to satisfy a Justice of Peace, albeit they do not beg. Fiddlers, and Minstrels that shall be playing, or oftering, or desiring 
Fiddlers.  to play in any Inn, Alehouse, or Victualling house, albeit they do not beg. Soldiers and Mariners that have Pensions, and yet beg, or shall counterfeit a Certificate, Sergeant Egyptians,, Beggars, or others described to be Rogues 
Egyptians.  within 43 Eliz. 3. 39 Eliz. 4. 17. 1 jac. 7. 7. Septemb. 1656. that shall be taken and found begging, wand'ring and misordring themselves. In this case any one Justice of Peace, upon his ●wn sight hereof, may cause such persons to be whipped and send to their place of birth, etc. with a Testimonial of their Correction, limiting the place to which, and the time wherein they are to go thither, upon 39 Eliz. 4. 1 Jac. 7. But if this Offender be brought to a Justice, we do not conceive it needful, the Justice should order this Correction. For the Officers may, and aught to do it of their accord, without the Justice of Peace's Warrant.  
2. Any one Justice of Peace may secure an incorrigible Rogue (that is) 
Incorrigible Rogues  one that is dangerous to the inferior sort of people, and will not be reform of his Roguish life, one that is able to work, and doth run away from his Family, and leave it upon the charge of the Parish, Upon 7 jac. 4. till two Justices can send him to the Goal or Bridewell, upon 39 Eliz. 4.  
3. There must be two Justices of the Peace, and one of them of the Quorum, that by the words of 39 of Eliz. 4. are by warrant under their hands and seals upon the Confession of the offence by the party, or proof thereof by two witnesses, to give power to levy by distress, and sale of goods, the forfeirures within the Statute, (viz.) the 5 s. upon the Minister for not keeping a Register-book, the 10 s. upon the Constable for his neglect in the Apprehension, and punishment of Rogues, the 20 s. upon him for his not punishment, and not safe convey of a Rogue brought to him by another, the 10 s. of him that doth not apprehend a Rogue begging at his house, or that doth bring a Rogue out of Ireland hither. So also upon the like Conviction, to levy by distress and sale of goods, and bind to the good Behaviour, such as disturb the execution of the Statute, of 39 Eliz. As Officers that shall send a Rogue by a general Passport or that shall refuse to receive a Rogue when he is brought to them, or that shall shift him away, or that shall not bring him to the next Parish; Or other persons that are not Officers, that shall shift away, or Rescue a Rogue, or as hinder the settlement of a Rogue, or that when he is duly settled in any place shall remove him without Authority. But herein we must give notice to the Justice of Peace that this Statute is doubtfully penned. (as to the manner of 
Caution to the Justices.  Conviction) For the words are, That if the Offence shall be confessed by the Offender, or that the same shall be proved by two sufficient and lawful Witnesses. And doth not say what proof it shall be, nor give power to the two Justices to take the Conviction by such proof. And therefore it is not, as we conceive, safe for the two Justices out of Sessions to do it. And yet it is more clear that the Justices may do it upon the Confession of the Offender. But truly it is best to do it in the Sessions, and not safe to do it otherwise; Nor safe to follow our Precedents in the 18. chap. of the Clarks Cabinet, See chap. 7. Sect. 6. Numb. 19  
4. There must be two Justices of the Peace, (and one of them of the Quorum) to send to the house of Correction. or Goal of the County, till the next Quarter-Sessions, an incorrigible Rogue, 
Incorrigible Rogues Caution.  upon 39 Eliz. 4. And yet here we conceive the Justice must see him to be such a one, and he must be before him, for he hath no means to convict him hereof, or otherwise we know not how he shall justify it.  
5. There must be two Justices of the Peace, and one of them of the Quorum, to appoint a privy Sessions, and to send their Warrant to the Constables, and to command a privy search, three or four days before the meeting, and to apprehend, and bring before them all such suspicious persons, as in their search, they shall find out, and to command all the Constables of Hundreds to be then there, and the Constables of Parishes upon Oath, to present under the Minister's hand what Rogues they have taken, punished, and sent away. And to set a Fine of 40 s, or under, upon any of the same Constables, for not appearing before them, or for not making a Return, or for not making an Execution of their Warrant, or for not Executing the Justices warrant at any time in the Convey of Rogues, to the Bridewell, upon 7 jac. 4. 21 I●c. 28. But herein is no way of Conviction of Offenders, or of Levy of the penalty set down, and 
Caution to the Justices.  therefore we cannot see any way to punish these Officers herein with safety, out of the Sessions.  
6. As to the poor man or Woman, 
A poor man that doth threaten to run away from his Family.  that is able to work, and that shall threaten to run away, and leave his Family upon the charge of the Parish; in this case any two Justices of the Peace, upon proof hereof by the Oath of two witnesses, may send the Offender to the House of Correction, unless he or she can put in sufficient Security 
House of Correction.  for the discharge of the Parish, upon 7 jac. 4.  
7. As for such poor as have able bodies, 
Poor that will not work.  and nothing but their work to live by, and do not work in any ordinary and daily Trade to get their live by their work; And the Overseers of the poor do provide them work, and appoint them to do it, and they will not work; It is said in this case, that the Justices, or any of them, may commit such persons to the Goal, or to the Bridewell: And so are the words of the Statute of 43 Eliz. 20. But we cannot see how this can be done out of the Sessions; For there is no way of Conviction of the offence. And this therefore must be necessarily employed by the Act, that if they shall punish, they must first Convict the offender.  
8. It hath been said, that such poor persons as beg beyond their licence. 
Idle poor to be sent to Bridewell.  Such poor as are able to work, and are idle, or will not work, by the appointment of the Overseers of the poor; such common-Labourers, poor men, as refuse to work for the wages appointed, and some others, may be sent to Bridewell by the Justices of the Peace: But we cannot see by what Authority; only this in the 7 jac. 4. That if Constables shall neglect to convey safely all such Rogues, with all other idle and disorderly persons, etc. as by the Justices of Peace his Warrant shall be sent to the houses of Correction, etc. That then they shall forfeit, etc. By which is employed, that the Justice's might and do send such persons thither. But this must refer to the cases in which they are by other Laws empowred to send them thither. And howsoever it be, it is sure it cannot be safely done by any Justices of the Peace out of the public Sessions. See 39 Eliz. 4. 7 jac. 4.  
9 As to the Warrants then in the Clerks Cabins, in Chap. 18. and some 
Caution.  of the Mittimus, in Chap. 25. which are contrary to the Cautions we have herein given, we do now (upon better Consideration) utterly dislike them, and advise the Justices of the Peace not to use them.   

SECT. 49. About Sewers.  
Fix Justices of the Peace (two of them of the Quorum) have some power with the Commissioners of Sewers for a year. For which, see 13 Eliz. 9   

SECT. 50. About Sheriffs.  
AS to this head, these things are to be known:  
1. Any one Justice may punish the defaults of Sheriffs in not returning good Jurors to inquire of a Forcible Entry. Upon 8 H. 6. 9  
2. He may punish his defaults in the County Court, by entering a plaint in the name of a man not present, himself, or his Attorney; or by not taking care that the Plaintiff in every Suit do put in his pledges; Or by entering more Plaints than one; or more than the Plaintiff doth desire for one and the same cause. Or where a proceeding is against a Defendant in a Suit, and he hath no warning to appear; In these cases, any one Justice may examine the Sheriff, or any of his Officers. And if he find the thing by their confession, or otherwise, he is to certify it into the Exchequer, the Sheriff doth forfeit 40 s. Upon 11 H. 7. 15. So one Justice may examine the Collectors of the Sheriff's Amercements of the County-Court, if they have collected more than is due upon their Estreats. And if he find it so, he may certify the offence against them into the Exchequer. 11 H. 7. 15.  
3. There must be two Justices, and one of them of the Quorum, to overlook the Sheriff's Books and Amercements, and to seal the Indentures of his Estreats, and to swear the Bailiff, that he shall levy no more than is contained in those Estreats. Upon 12 H. 7. 15.  
4. Any two Justices (one of them being of the Quorum) may give the Under-Sherift, his Bailiffs of Franchiles, Deputies, and Clerks their Oaths, which they are to take, before they meddle with their Office. Upon 27 Eliz. 12.   

SECT. 51. About a Supplicavit.  
1. THis Writ, the Justice to whom it is sent and given, must see that he do execute it.  
2. He is thereupon to send his Warrant to the Constable, to bring the party to be bound, before him, to put in Sureties according to the Writ; or if he refuse, to carry him to Goal. And if the sum be left to his discretion, it is fit for him to set down a good Sum.  
3. After Sureties given, he is to grant a Supersedeas, to stop all other proceed upon Warrants granted by himself or other Justices, to the sanie end.  
4. He need not certify the Recognisance till a Cerciorari come to require it.   

SECT. 52. About Superstitious Relics.  
ANy one Justice of Peace where any Altars, Tables of Stone, Crucifixes, Crosses, Images, Pictures of any Person of the Trinity, or Saint, or like superstitious Relics, are yet remaining, may upon Information to him given thereof, cause the same to be taken down. Upon Ord. May, 1644.   

SECT. 53. About Swearing and Cursing.  
AS to him that doth prosanely Swear or Curse, Any one Justice of Peace, upon his own hearing thereof, the Confession of the patry, or Oath of one Witness, may send his Warrant to the Constable, to levy distress and sale of goods, to the use of the poor, etc. the Forfeitures appointed by the Act. Which is, if the offender be above 14 years old, and in degree, a Lord, or higher, 30 s. If a Baronet, or Knight, 20 s. If an Esquire, 10 s. If a Gentleman, 6 s. 8 d. If a common person, 3 s 4 d. And this for the first offence. And after one Conviction, for every offence afterwards twice as much. And in case no distress can be had, nor Surety given to pay the money; Then to put the offender (for the first offence) in the Stocks three hours. And for every offence after the first Conviction, six hours. And if the offender be under 12 years old, than the Justice may send his Warrant to the Constable to see him whipped by the Father, or Master of the offender, in presence of the Constable: Or that the Constable do it himself. And of this Conviction, the Justice of Peace is to keep a Record, and to make Certificates quarterly to the Clerk of the Peace. Upon 22 June, 1650. But he that is by Jury in a Sessions (being Indicted) found guilty of swearing the Tenth Oath (or ten times) once, is to be adjudged a common-Swearer, and to be bound to the good Behaviour, 
Good Behaviour.  with good Sureties, for three years, over and besides the Forfeitures aforesaid. Or the Justice of Peace may, if he will, after he hath taken the Conviction, send his Warrant to the Constable to apprehend the body of the offender, and bring him before him, to be proceeded against as before. And there the Justice may perhaps persuade him to pay to the Constable the Forfeiture imposed. But if he will not do it, the 
Caution to Justices.  Justice must let him go, and can do no more, but send his Warrant as before.   

SECT. 54. About a Testimonial, or Certificate.  
AS to this, these things are to be known:  
1. Any one Justice may give a 
Labourers.  Testimonial under his hand and Seal, to Labourers, to go into another County to work in the Harvest-time. Upon 5 Eliz. 4.  
2. There must be two Justices to give a Testimonial to a Servant of his departing 
Servant.  out of his Master's Service with his good will. Upon 5 Eliz. 4.  
3. There must be three Justices to certify under their hands and seals, the worth of the Parents or Children, to be taken in as Apprentices or Servants 
Apprentices  to Clothiers, or Merchants. Upon 5 Eliz. 4.  
4. There must be two Justices of the Peace, and one of them of the Quorum, to certify to the Sessions against an Alehousekeeper, that he doth sell Ale without Licence. Upon 
Alehousekeeper.  5 and 6 Ed. 6. 25.  
5. One Justice may certify deceive. able 
Deceivable Cloth.  Cloth. Upon 21 jac. 18.  
6. One Justice may join with a Customer, to certify the unlading, and selling of Corn, and Cattle carried from one part of the Land to another. Upon 5 & 6 Ed. 6. 14.  
7. One Justice may take and certify 
Jesuit.  into the Chancery, the submission, and Oath of a Jesuit, or Priest, given within three days of his landing in England. Upon 27 Eliz. 2.  
8. One Justice near to the place where a Soldier or Mariner shall land, 
Mariner or Soldier.  may give a Testimonial to him, showing where he landed, whither he is to go, and in what time he is to go it. Upon 39 Eliz. 17.  
9 One Justice may take and certify the Examinations of a Dyer and his Servants about Logwood. Upon 
Logwood.  39 Eliz. 11.  
10. One Justice may under his hand and seal, with the Constable or Minister, give a Testimonial of the whipping of a Rogue, and limit the place whither 
Rogue.  he is to go, and in what time he is to go it. Upon 39 Eliz. 4.  
11. Recognizances and Examinations 
Recognizances. Examinations.  taken before one Justice of Peace, may be certified by him alone unto the Sessions, Judges of the Goal-delivery, or Justices of the Sessions. But when they are taken before two or more Justices; there, a Certificate thereof by one of them is not sufficient.  
See more, Cerciorari Sect. 21. of this chap. Forcible Entry, Sect. 18. of this chap. Felony. chap. 3. Sect. 16. Numb. 8.   

SECT. 55. About Tithes.  
AS to the power of the Justices of the Peace, to hear and determine matters of Tithe, these things are to be known.  
Any two Justices of the Peace, not being Patron of the place wherein the Substraction is, nor parties, nor any way interested in the thing in question, may therein out of any Sessions, do these following things.  
1. They may send their Warrant of Summons to the Constable of the place where, etc. to call in the person complained of before them.  
2. They may upon his default send a second Summons.  
3. They may upon the parties second default (the same summons being proved upon Oath) in the absence of the defendant, or in his presence, upon his Appearance, proceed by the Oaths of Witnesses, and other proofs on either side to hear and determine the matter in difference between the parties, And by writing under their hands and Seals, adjudge the Case, and give reasonable costs and damages to either party, as they shall think fit.  
4. They may also if they please give triple damages where the Statute doth allow it.  
5. If the party do not within 30 days after he hath notice given to him of this Judgement given by the Justices of Peace, pay to the complainant, the Tithes, or Money so adjudged according to the Judgement, than the same two Justices upon complaint made to them, may give and send their warrant to the Plaintiff, the Constable, or such other persons as the Plaintiff shall name, to distrain and sell the goods, and Chattels of the Defendant to satisfy it, rendering the Over-plus.  
6. If no distress can be had to satisfy the Judgement, the same or any two Justices may by their warrant, send the Defendant to Goal without Bail, till he do satisfy the debt upon the Judgement.  
7. If the Officer or other person employed about the Execution of this Warrant of the two Justices, they may fine them for it, any sum not exceeding 40 s. to the use of the poor of the place where, etc. And send their warrant to whom they please to levy the Fine, to levy it of his goods and Chattels, upon Ord. 8. November 1644, 9th August, 1647. 20th October 1648. But in this work the Justices must take care of these four things. 1. That the Plaintiff 
Caution to Justices.  have a good Title to the thing in demand. 2. That the Defendant be a Parishioner. 3. That the thing demanded be a modus Decimandi, or a Tithe paid two years before the wars, 4. That the proceed be in every particular, according to the directions given by the Ordinance.   

SECT. 56. About Titles of Honour Assumed.  
IF any by writing or otherwise, do voluntarily, and knowingly give to any person any Title of Honour, or Dignity given to him by the late King, since January 4th, 1641; In this case  one Justice of Peace, upon the Confession hereof by the party, or Oath of one witness, may send his Warrant to the Constable of the place where, etc. to levy by way of distress and sale of goods, rendering, etc. the 10 s. Forfeiture named in the Act. And if there be no distress, to put him in the Stocks for three hours. Febr. 4th, 1641.   

SECT. 57 About Transportation.  
IF any load a ship, or carry away in any Ship or Vessel, with intent to transport any Wool, Yarn, Woollen Flox, Wooll-Fell, Fullers-Earth, Clay, 
Fuller's Earth.  Tobacco-pipe-Clay, or any other Earth or Clay, which may be used in the Art of Fulling beyond Sea, and the owner of the ground where it is digged, do by a note under his hand, ofter to discover it to any one Justice of Peace; This Justice must receive it, and within three months a●ter the discovery 
Certificate.  thereof, make it known by his Certificate under his hand and seal to the Batons of the Exchequer. 9 Jan. 1647.   

SECT. 58. About a Trespass in Orchards, Woods, etc.  
AS to him that shall cut, or carry away standing corn, rob Orchards or Gardens of Fruit, etc. break hedges, or do any such like thing, that is not Felony; In this case any one Justice of Peace, upon the confession of the offence by the party, or proof thereof by the Oath of one witness, may order the offender to give the party wronged such satisfaction as the Justice shall think fit. Or if he judge him unable to make any satisfaction by money; or however, in case of a second offence, the Justice may send his Warrant to the Constable to whip him. And if the Constable neglect to do his duty upon this Warrant, the Justice may send him to Goal till he procure the party to be whipped. according to the Justice of Peace his Warrant, 43 Eliz. 7. But there is no way nor power given to the Justice to convict the Constable of this neglect. And therefore this punishment may not be inflicted but in a Sessions-way. If the Justices have power of it there. Wherefore otherwise they may fine him, or bind him to the good Behaviour for his contempt, as an offence at the Common-Law. Some say also, that for a common-hedg-breaker, woodstealer, or robber of Orchards, That he may be sent to the House of Correction, 
Bridewell.  which is more than we dare affirm. But this is certain, That if it be done, it must be done by order of the Justices of the Peace in and not out of the Sessions.   

SECT. 59 About warrants made by the Justices.  
AS to the Warrants the Justices of Peace are to make, these things are to he heeded:  
1. It is safe for the Justice to make all his Warrants in writing.  
2. To see they be perfectly done when the Justice doth Subscribe them. And not to leave them with blanks, to be filled up afterwards by others.  
3. In all cases his hand must be subscribed; and in some cases his Seal is necessary. And therefore it is best in all cases to put his hand, and affix his seal to it.  
4. For the manner of penning it; He may (if he will) put the style of it in the Lord Protector's Name, thus; Glouc. ff. Oliver, Lord, etc. Or he may send it in his own Name, A. B. Esquire, one of the Justices, etc. Or without any style at all (thus); Complaint being made to me, etc. These are to require you, etc. And it may be with, or without, a Tesle. But it is 
Teste,  not amiss to say, Witness my hand and seal, etc. And a certain Date of the 
Date,  day, month, and year, may not be omitted. See in the Clerk's Cabinet, and in the 30th Chapter of my first Book of the Justice of Peace his Office, more of this.  
5. The Justice is to take care high Warrant be penned plainly and clear lie, that the Officer that is to execute it, may understand, and to declare ambiguous words in it. Such as this, That you cause to come before me: for by this he may not understand, whether he may fummon him to come, or bring him prisoner. And therefore to say rather, That you warn or summon been to come, or be, before me, etc.  
6. If the Warrant be to be grounded on a Statute-Law, the more care must be had in it, exactly to pursue the directions of the Statute therein. And where the Statute saith, It shall be under the hand and seal of the Justice; or to the Constables and Churchwardens, accordingly to pen it.  
7. If a Warrant be made by a Justice, to apprehend a man, and bring him before this, or some other Justice of the Peace, it is safe to set down in the Warrant the cause of it, as that it is to put in Sureties of the Peace, or for the good Behaviour, or because he is charged with a Felony, or the like, And to be sure, the cause will bear such a Warrant. And therefore we cannot approve (at any hand) the usual Warrant to attach or apprehend men, and bring them before a Justice of Peace; and say no more, but for misdemeanour only; or to answer to such matters as shall be objected against him. See for this, Coo. 2. Part of Inst. 59●.  
8. Where by a Statute-Law, power is given to a Justice or Justices of the 
Caution.  Peace, to commit to prison, Bride-weil, or the like, in case of lack of distress, or insufficiency, or the like, whereby to levy the forfeiture, There the best way for the Justices, is to do it by one Warrant thus, and therein pursue the words of the Warrant thus; That you levy of the goods, etc. And in case you can find no distress, [or for lack of distress] or that the party be insufficient, etc. That then you carry him to Goal for three days; Or that you whip him, etc. [as the case is] according to the Statute in that case provided. Rather than to take upon him to know his insufficiency, or lack of distress. And thereupon to send a second Warrant absolutely to do it.  
9 Where any of the Precedents in the Clarks Cabinet do differ from the things we have laid down in this Work, our advice is, that you do not follow them.   

SECT. 60. About Watch and Ward.  
ANy one Justice of Peace may cause Watches to be set from Sun to Sun, between Aseension and Michaelmas-day. But it is handsome to do this by two or more Justices of the Peace, at a Meeting of Justices. And if neglect be found in them that Watch, or look to the Watch, one Justice alone may punish it, perhaps by binding to the good Behaviour; or 
Good Behaviour.  (which is more safe) he may cause him to be Indicted at the Sessions for it.   

SECT. 61. About Weights and Measures.  
AS to him that shall buy, or sell by, or keep, any other Weight or Measure, whereby any thing is bought or sold then according to the Standard of the Exchequer; In this case any one Justice of Peace may upon the proof hereof by the oath of one witness, convict him, and then may send his Warrant to the Churchwardens and Overseers of the place where, etc. or one of them, to give them notice hereof, who by their Offices are to levy of him 5 s. to the use of the Poor of the place where, etc. by distress and sale of goods, rendering, etc. And if there be no distress, the Act is, to send the offender to Goal, till he pay the Forseiture. But it doth not give power to the Justice to do it; and yet it is conceived to be good. But see Chap. 7. Sect. 6. 16. and 17. Car. 19  
Two Justices of the Peace (one of them of the Quorum) may by examination and enquiry, hear and determine the desaults of Head-Officers, and Buyers and Sellers in Market-Towns, Cities, and Burroughs, that have not common Balances and Measures according to the Exchequer, and those sealed; Or that buy and sell with any other. And that have not their Weights and Measures viewed every car. 11 H. 7. 4. But this (we 
Caveat to Justices.  conceive) cannot be done, but by the holding of a Special Sessions by two Justices for this purpose.   

SECT. 62. About a Wood  
TWo Justices of the Peace, appointed by the Sessions of Justices, may divide a Wood between the Lord and his Commoners, where they cannot agree, 35 H. 8. 17.  
We have done with what we have to say of the Justices of Peace their power out of the Sessions. And now one word to what they may do within their Sessions.    

CHAP. IU. Of the Power of the justices of the Peace, in the Sessions of the Peace.  
AS to this, these things are first to be known,  
1. That the general or Quarter-Sessions, for all the business of the 
The time.  County, may be kept but once a Quarter. And that must be at the time appointed, and now used. But the special or privy Sessions, (which is a Session's appointed for some special business) may be kept os●ner. as the Justices of the Peace have occasion to keep it.  
2. That there being present (as there must be) two Justices of the Peace at 
What Justices must be there.  least, And one of these 2 of the Quorum.  
3. They may exercise all the power given to them, by the Common-Law, 
Their power there.  upon the Commission of the Peace; and all the power given them by the Statutes: which give them either a general power, as Justices of Peace to hear and end, and do not say where or how. Or that give power to hear and end in their general or quarter Sessions; or● in their ordinary Sessions, or in their principal Sessions, or in their Sessions. And there they have power to hear and determine divers Criminal matters, or to punish divers offences. Some by the Common-law. And so they can there punish divers offences that are against the public peace, as some Felonies, Nuisances, Frauds, Riots, Routs, Forcible Entries, Maims, Batteries, Assaults, Extortions, Conspiracies, Libel, and slandering Trespasses, and Miscarriage of Officers, and other things. And some of these are oftences so made by divers Acts of Parliament, and the power of Hearing and Judging upon them (amongst others) is given to the Justices of the Peace. And so they can punish in this Court, 1. The Badgers, Laders, 
Badgers, Drovers. etc.  or Drovers, that do buy and sell Corn without, or beyond their Licence, upon 5, and 6 Ed. 6. 14. 5 Eliz. 12. 13 Eliz. 25. Bakers, and Brewers, that 
Bakers, Browers.  break the Assize, upon 51 H. 3. 13 R. 2. 8. And that sell at unreasonable Rates, or at higher prices than the Justices set down, upon 23 H. 8. 4. The Brewer for selling Ale or Beer to an unlicensed Alehousekeeper, more than to serve his house, upon 4 jac. 4. The Brewer that is a Cooper, and makes Barrels, upon 23 H 8. 4. The Baker, or Brewer, that conspire together to sell 
Conspiracy.  their Victuals and drink but at certain prizes, upon 2, and 3. Ed. 6. 15. 3. The Baliffs of Sheriffs, and others, that gather the Sheriff's Amercements of 
Bailiffs. In levy of Amearcements.  his Courts, before the Estreats be examined by two Justices of the Peace, or before the Bailiff is sworn, o● that shall gather more than is upon his Estreat, upon 11 H. 7. 15. 4. Such as do not Bark Oaken Trees when they are felled, 
Bark.  upon 1 jac. 22. 5. Blasphemers and Heretics, upon Ord. ●. August 1650, 
Blasphemers and Heretics. Butchers. Conspiracy. Cattle.  and 2 May 1648. 6. Butchers, for a Conspiracy not to sell their meat but at such Rates, upon 2, and 3 Ed. 6. 15. For buying and selling again of live Cattles, upon 3, and 4 Ed. 6. 19 1 jac. 25. For killing of weanlings under two years old for sale; upon 24 H. 8. 9 1 jac. 25. For selling measled, or murrain flesh, upon 51. H. 3. For gashing or hurting of Hides out of season, upon 1 jac. 22. For selling of Calves under five weeks old, upon 1 jac. 22. For using 
Calves.  the Trade of a Tanner and Butcher together; upon 1 jac. 22. Or for killing or selling on the Lord's day. For which, see Lords day. 7. Here they may punish the Abuses by the making, weighing, and packing up of Butter, upon 
Butter.  the Act of 12 March, 1649. 3 and 4 Ed. 6. 21. 21 jac. 22. And forbidden such as buy butter and cheese for a time upon 12 March, 1649. 8. Captains 
Captains and Soaldiers.  and Soldiers that offend about their Musters, departure from their Service purloining their Arms, and the like offences, upon 21 H. 6. 19 18 H. 6. 19 7 H. 7. 1. 3 H. 8. 5. 2 and 3 Ed. 6. 2. 5 Eliz. 5. 39 Eliz. 17. 9 Such as do not keep so many Sheep, upon 25 H. 8. 13. or do not breed so many Cattle, upon 2 and 3 Pb. and M. 
  3. 7 jac. 8. 25 H. 8. 13. or buy and sell Cattle again, against 3 and 4 Ed. 6. 19 10. S●●th as make any challenges, or Fight any Duels, or conceal 
Challenges and Duels. Quarrellers. Provoking words or Gestures. Cordwainers, Tanners, etc.  them, and know thereof. And such as use any disgraceful, or provoking words or gestures against another, upon 29 June 1654., and 17 September 1656. 11. Here they may punish Cordwainers, Carriers, Tanners, Shoemakers, and the like, for their miscarriage in their Trades, about Hides, Leather, Boots, and Shoes, Calves skinned, and the like. Upon 27 H. 8. 14. 5 Ed. 6. 15. 1 Mar. 2. 8. 5 Eliz. 22. 1 jac. 22. 4 jac. 6. 12. Such as keep Markets and Fairs in Churches, and Churchyards, 
Church, and Churchyard.  upon the Statute of Winchester, 1 Ed. 1. and the new Law of 17 Septemb. 1656. And such as strike or draw weapon in a Church or Church-yard, upon 5 and 6. Ed. 6. 4. And the not repairing of Churches and Isles, upon Ord. 9 February, 1646, 13. Here they may punish the Offences, and Offenders, about the making and ordering of Cloth, upon 21 jac. 18. 
Cloth, and Clothiers.  3 and 4 Ed. 6. 2. 23 Eliz. 9 39 Eliz. 20. 4 Jac. 2. 43 Eliz. 10. 21 Jac. 6. 7. 5 and 6 Ed. 6. 5. 22. 36 Eliz. 11. 39 Eliz. 11. 14. Punish Artificers, Labourers, that agree to do but such work, or to work at such a 
Conspiracy of Artificers, etc.  rate; or Butchers, Bakers, Brewers, Poulterers, Cooks, Costermongers, or Fruiterers that agree to sell their Vistualls but at certain prizes, upon 2 and 4 Ed. 6. 15. and 5 Eliz. 4. if that Law continue, whereof some doubt. 15. Here they may order the setting up of houses of Correction, and Rate the 
Correction-House.  County to do it, make, and change the Governor, or Master of it, and order and punish him at their discretion, upon 7 Jac. 4. 16. Here they may punish such as turn Corn into meal, and Flower, 
Corn.  and sell it otherwise thenis appointed, by 23 October 1650. 17. Such 
Cottages, and Inmates. Counterfeiters of false Tokens. Crows, Directory Service of God.  as build or keep up Cottages against 31 Eliz. 7. 18. Such as cheat other men of their money, or goods, by false tokens, upon 33 H. 8. 1. 19 Such as neglect their duty in taking Crows, upon 24 H. 8. 10. 20. Such as observe it not in the service of God, upon 21 August, 1645. (as some say.) But it seems to me, the Justices of Peace have not to do with it by that Ordinance. And that that law is Suspended by a Clause in 17 Septemb. 1656. 21. Such as offend about Fasting, or 
Fasting and Fish-days, Fish.  Fish-days, upon 5 Eliz. 5. 22. Such as offend by taking, and destroying of Fish, by cutting of the heads of Ponds, or otherwise, upon 13 Ed. 1. 46. 13 R. 2. 2. 17 R. 2 9 1 Eliz. 17. 27. 5. Eliz. 21. 3 Jac. 12. 21 H. 8. 2. 5 Eliz. 5. or in the packing or sale thereof, upon 22 Ed. 4. 2. 11 H. 7. 23. 5 and 6 Ed. 6. 14. 5 Eliz. 5. 3● Ed. 3. Stat. 1. 2. 3. 23. Here they may punish a Servant, or Mariners, 
Forgery.  for forging a Testimonial, and others, for forging of false Letters, and Tokens to get money, upon 5 Eliz. 5. 33 H. 8. 1. 24. So Forestallers, 
Forestallers, Regrators, etc.  Regrators, and Engrossers of Corn, Cattell, or other provision, upon 5 and 6 Ed. 6. 14. 13 Eliz. 25. 5 Eliz. 12. Act 29th October 1650. Of Bark, upon 1 Jac. 22. Of Hides, upon 1 Jac. 22. Of Wool, upon 1 and 2 Ph. and M. 13. of Tanned Leather, upon 5 and 6 Ed. 6. 15. 25. So also the Goldsmiths, for their offences in their Trades, upon 2 H. 6. 14. Articuli super Chart. 20. 
Goldsmiths, and Gild.  28 Ed. 1. 4 H. 7. 2. 8 H. 5. 3. 2 H. 5. Stat. 2. cap. 4. 18 Eliz. 15. 17 Ed. 3. 14. 26. So also Offenders about Guns, upon 33 H. 8. 6. 2 
Guns.  and 3 Ed. 6. 14. 27. So also offenders about Highways, upon two and 
Highways  3 Ph. and M. 8. 29 Eliz. 5. 5. Eliz. 13. 18 Eliz. 10. 22 H. 8. 5. by officers; or others that do not help to amend them. And by any that do hurt them by Nuisances done to them. 28. Offenders about the breed and keeping of Horses, upon 32 H. 8. 13. 1 Ed. 
Horses.  6. 5. 8 Eliz. 8. 21 Jac. 28. The not Tolling of Horses in a Fair, upon 2 
Tolle.  and 3 Ph. and M. 2. 31 Eliz. 12. 29. The neglect of pursuit of Hue-and-Cry, upon 27 Eliz. ●3. 3 Ed. 1, 9 
Hue-and-Cry.  13 Ed. 1, 3. 30. The Offenders in Hunting, Hawking, etc. upon 1 
Hunting, Hawking, etc.  Jac. 27. 3 Jac. 13. 19 H. 7. 11. 1 H. 7, 7. 7 Jac. 11, 13. 5 Eliz. 21. 11 H. 7, 17. 23 Eliz. 10. 13 R. 2, 13. 31. Such idle persons as live at high Rates, and spend much, and have no visible 
Idle persons.  way to maintain it, upon Act, 17, Septemb. 1656. 32. Here they may 
Incontinent persons.  punish Incestuous persons, Adulterers, Fornicators, such as keep or use lewd houses, upon 10th of May, 1650. Such as have Bastards. And here they provide to secure Parishes against the charge of Bastard Children, upon 18 Eliz. 3. 7 Jac. 4. 33. Informers for their miscarriages about Informations, 
Informers.  upon 4 H. 7, 20. 18 Eliz. 5. 31 Eliz. 5. 21 Jac. 4. 34. Inn-holders', Ostlers, Victuallers, and Ale-house-keepers, 
Inn-holders'. Ale-house-keepers. Drunkard's  for their miscarriages in their entertainments, upon 21 Jac. 21. 23 Ed. 3, 6. 13 R. 2, 8. Also Drunkards and Tiplers, upon 4 Jac. 5. 7 Jac. 10. 1 Jac. 9 1 Car. 4. 35. Jurors of a Jewry, for concealment and perjury, 
Jewry. Libelers.  upon 3 H. 7, 1. 36. Libelers and slanderers, upon Ord. 25. june 1654. and 17 Septemb. 1656. 37. Here they may Licence badger's, Drovers of 
Licenses.  Cattle, Laders, Ridders, Carrier's, Buyers, and transporters of Corn, Grain, butter and cheese, upon 2 and 3 Ed. 6, 24. 5 Eliz. 12. 13 Eliz. 13. So here they may give a Licence to shoot in a Gun, for Hawks meat, upon 1 Jac. 27. So here they may give Licence to a man to sell Wine in a Town not Corporate, upon 7 Ed. 6, 5. So here they may give Licence to buy wheat, and turn it into Flower, Meal, etc. and to this there must be the hands and Seals of five Justices of the Peace, upon the 23 of October 1650. So they may here also, if they please, give Licences to sell Ale to Ale housekeepers, upon 5 and 6 Ed. 6. 25. 38, Here also they may restrain the number of Malsters, and buyers of Barley to convert into Malt, and punish 
Malsters,  the making of bad Malt, upon 2 and 3 Ed. 6, 10, 20. 39 Eliz. 16. 5, and 6 Ed. 6, 14. 39 Here they do punish Mariners for wand'ring, and Idleness, 
Mariners.  and making and using of false Testimonials, upon 39 Eliz. 17. 40. Here they may set down the rates for the wages of Servants and Labourers, 
Masters, and Servants. Labourers. Apprentices.  discharge Apprentices, and punish all the miscarriages of Masters, Apprentices, Servants and Labourers, upon 5 Eliz. 4, 2. 3 Ed. 6, 16. 1 Jac. 6. 21 H. ●, 7. 1 Jac. 17. 3 Jac. 9 41. Here they may punish Millers for their 
Miller's.  taking of excessive Toll, upon 31 Ed, 1, de pistoribus. 42. Such as openly 
Ministers.  revile Godly Ministers, and their Assemblies, or disturb them in the Service of God, upon the two new Acts of 
Service of God.  17 Septemb. 1656. 43. Here they give Oaths to divers Officers, the Commissioners 
Oaths.  of Sewers, upon 23 H. 8, 3. Constables, and others. 44. Here they make, remove, change, and order 
Officers.  their Treasurers for the County stock, for the King's Bench, and Marshalsea Money, and for the poor maimed Soldiers and Mariners, upon 43 Eliz. 2, 3. And for maimed Soldiers, and the Widows and Orphans of Soldiers slain in the late Wars, upon the Ordinances of August, and May 1647. The Collectors of the Goal-money, upon 14 Eliz, 5, The Masters of Bridewell, upon 30 Eliz. 4. 7 Jac. 4. Here they use to make and remove High-Constables, and Petit-Constables, Searchers for Pewter and Brass, upon 1 H. 8. 7. And punish their miscarriages; And so also they may here punish the defaults of Overseers of the Poor, Churchwardens and Surveyors of the Highways, upon 43 Eliz. 2, 3. 2 and 3 Ph. and M. 8. 7 Jac. 4. For which, see the several Titles of Poor, Church, Highways: Here also they may punish the offence of Sherifts, upon 27 Eliz. 12. 11 H. 7. 15. 4 Ed. 3, 9 23 H. 6, 10. 27 Eliz. 12. 42 Ed. 3, 9 of Coroners that resuse to inquire after the death of one slain, or take more for his Fee then is due, upon 1 H. 8. 7. 3 Ed. 1. 10. 3 H. 7. 1. 1 Jac. 25. 14 Eliz. 5. Clark of the Market for not doing his duty about weights, upon 16, 17 Car. 19 13 R. 2. 16 R. 3. So the Clerk of the Peace for his Offences, upon 12 R. 2. 10. 38 H. 8, 14. 3 Jac. 4. 34 H. 8. 14. 2 Ed. 6. 14. 5 Eliz. 4. 12. 18 Eliz. 5, So Stewards of Courts, upon 13 R. 2, 8. The common informer, upon 18 Eliz. 5. The owners of Markets and Fairs, upon 31 Eliz. 11. 2 and 3 Ph. and M. 7. Conservators of Rivers, upon 27 R. 2, 9 Overseers of Cloth, upon 3 and 4 Ed, 6, 2. Searchers of Leather, upon 1 Jac. 22. Gawgers of Vessels, upon twenty three H. 8. 14. Watchmen that do not their duty. See Watchmen. Ministers of Parishes. Upon 39 Eliz. 4. 17. And here they may order the Parishioners to pay the Clerk his wages, that two 
Clerk's wages.  Justices have set down out of Sessions. And here all these Officers may be called to account, and ordered to pay 
Account.  what they have of the public stock in their hands. 43 Eliz. 3. Ord. Decemb. 1647. See Account 45. Here they give and take away the Pensions of 
Pensions.  Soldiers, at their pleasures. Upon 43 Eliz. 3. 1 Jac. 25. Ord. of May, 1647. and December, 1647. 46. Here they may punish Perjury, upon 5 Eliz. 
Perjury.  9 13 Ed. 1. 1. 47. Here they may punish the keeping, or haunting of houses 
Plays and Sports.  of unlawful Games. And want of Bows and Arrows, upon 33 H. 8. 9 Cock-matches, upon 31 March, 1644. and 17 Septemb. 1650. Stage-Players, upon Ord. 9th Febr. And such as set and keep up Maypoles, upon 6th of April, 1644. 48. Here they 
Poor.  may punish all the miscarriages about the Poor, in the poor, and such as are to order, or to relieve them: Here they may give order with the Lords consent, 
Rates.  to set up a house on the Common for the poor where need is; give Relief to them that appeal to them from the Justices out of the Sessions, upon an overrate. Upon 43 Eliz. 2. 3. 39 Eliz. 4. So to see that poor Soldiers and Mariners, and the Wives and Children of them that were slain in the Wars, be relieved. Upon 30th Septemb. 1651. 24 Decemb. 1647. 28 May, 1647. Here they are to order where the poor shall be settled; and punish them that hinder the execution of the Statutes for the settling of the poor. upon 39 Eliz. 4. And here they set the Rate of the County for the Kings-Bench and Marshalsies, and dispose of the overplus thereof to charitable uses. Upon 43 Eliz. 3. 49. Here they may punish false Prophecies. upon 5 Eliz. 
Prophecies. Rates.  15. 50. Here the Rates are first to be made for the Kings-Bench and Marshalsea, upon 43 Eliz. 2. For the Prisoners in the Goal, upon 14 Eliz. 5. For the relief of maimed Soldiers, and the Widows and Orphans of Soldiers slain in the late Wars. Upon the Ordinances named before, August, 1647. May, 1647. Decemb. 1647. Septemb. 1651. And for relief of the old maimed Soldiers and Mariners, upon 43 Eliz. 3. And here the Rate is to be confirmed for them that are sick of the Plague, upon 1 Jac. 31. Here the Rate is to be made for the building of Bride-wells, upon 7 Jac. 4. Here they are to set down the Rates by which vessels of Ale and Beer shall be sold, upon 23 H. 8. 4. And by which Victuallers shall sell their Victuals, and Ostlers their Horsebread. Upon 13 R. 2. 8. 23 H. 6. 13. And here they that complain are to be relieved against all overrates made by the authority of the Justices of the Peace out of the Sessions, upon 43 Eliz. 2. 14 Eliz 5. 18 Eliz. 3. Ord. 8. February, 1647. 51. Here they do discharge Recognizances, such 
Recognizances.  as are to be discharged. And hence they must be certified into the Exchequer when they are forfeited. And here they may put in execution a Recognisance forfeited by an Ale-seller, Upon 5 & 6 Ed. 6. 25. 52. Here they may punish Recusants, Priests and Jesuits, 
Recusants.  upon 13 Eliz. 2. 23 Eliz. 1. 27 Eliz. 2. 35 Eliz. 2. 21 Jac. 28. 3 Jac. 4. 5. 6. 7 Jac. 6. 5 Eliz. 1. 17 Septemb. 1656. 53. Here they are to give Restitution of the owner's 
Restitution.  goods to him that hath been rob of them, and that hath by his Industry and evidence procured the Felon to be indicted and is found guilty, upon 21 H. 8. 11. 54. Here they are to punish Riots, Routs, Insurrections, 
Riots. Routs, etc.  and unlawful Assemblies, upon 13 H. 4. 7. 2 H. 5. 8. 8 H. 6. 14. 19 H. 7. 13. 1 Mar. 12. 1 Eliz, 16. 55. Here they are to dispose of the Rogues that are sent to Bridewell, 
Rogues.  to brand Incorrigible Rogues, and punish the Officers for neglect of their duty about Rogues; or others that hinder the execution of the Statutes against them. Upon 39 Eliz. 4. 17. 1 Jac. 7. 7 Jac. 4. 56. Here they are to punish such as come not to public 
Service of God.  meetings of God's Service on the Lord's day; and them that disturb such meetings; upon the New Law of 17. September. 1656. But nothing can be done now in, or out of Sessions against any man, for not coming to Church, upon the old Laws, of 1 Eliz. 23 Eliz. For they are all made void by the Act of 27 Septemb. 1650. 57 Here they may punish them that offend about 
Tile and Tile-making. Assuming Titles.  Tile-making, and Tile-selling; upon 17 Ed. 4. 4. 58. Here they must punish the Assuming of Titles given by the late King; upon Febr, 4. 1651. 59 The miscarriage of Tradesmen and Artificers in their Trades; upon 1 Jac. 
Tradesmen and Artificers.  22. 2 Ed. 6. 15. and other Statutes. 60. Here they are to punish the Transportation of things prohibited out of the Land; upon 1 & 2 Ph. and M. 5. 
Transportation.  21 Jac. 28. 1 Jac. 22. 25. 1 Jac. 4. 8 Eliz. 3. 13 Eliz. 13. 1 & 2 Ed 6. 5. 3 Jac. 11. But see the New Act now, 17 Septemb. 1656, that giveth power to transport many things. 61. Here 
Vintners.  they are to punish Vintners that sell their Wine without Licence, or above the Rates set down by the Justices here; upon 7 Ed. 6. 5. 28 H. 8. 14. 37 H. 8. 23. 62. So Victuallers, that conspire to 
Victuallers.  sell their Victuals at a set price, or above the prizes set by the Justices. 63. So to punish Usury; upon 13 Eliz. 
Usury.  8. 1 Ed. 4. 2. 64. The Abuses in the sale of Wines; upon 1 Ed. 6. 5. 
Wines.  28 H. 8. 14. 7 Ed. 6. 5. 65. Those that have not, or use not just Weights, 
Weights and Measures.  according to the Standard; upon 12th of March, 1649. 11 H. 7. 4. 8 H. 6. 5. 11 H. 6. 8. 1 H. 5. 10. 7 H. 7. 4. 66. Order the dividing of a Wood between Lord and Tenants; 
Wood  upon 25 H. 8. 17. And so generally all the offences that the Justices of the Peace, or any of them, may punish out of Sessions; all these the Justices may punish in the Sessions. And some others there may perhaps be, that we have not named in the one, nor in the other, that the Justices of the Peace may have Conusance of.  
And their ordinary way of proceeding herein for the trial of these offences, and Conviction of these offenders, is, The offender is to be Presented or Indicted; And thereupon Process go●h out against him, to come in to answer it. And he comes in, and doth either Confess, or Traverse it. And upon his Traverse, a Jury is charged to try the matter of Fact. And if the Jury find him guilty, Then Judgement is given. If it be an offence at Common-Law, the same is commonly by Fine and Imprisonment at the discretion of the Court. If upon a Statute-Law, he is judged to bear the penalty appointed by the Statute for the offence; which they may not mitigate, but in case of a special Submission before pleading. And execution followeth. And sometimes they use for a part of the punishment, to bind to the Peace, or to the good Behaviour.   

CHAP. V Of the things they may do out of a Sessions indifferently.  
THere are many things that the Justices may do within or without their Sessions indifferently as they please. So to set down the Prices of Ale and Beer; Upon 23 H. 8. 4. Hear 
Prices of Ale and Beer.  and end offences about Pheasants, etc. upon 1 jac. 27. Force the Clothier to pay his Workmen his wages; upon 1 jac. 6. So in divers other Cases, as 1 jac. 6. 2 & 3 Ed. 6. 10. 17 R. 2. 9 Ord. 21 May, 1647. where it is said, The Justices shall do a thing which may be done out of Sessions. But all things will be most safely done in the Sessions.  
We have showed what the Justices of the Peace may do out of, and in, their Sessions, we shall now show what they may not do at all within or without their Sessions. See more in Chap. 7.   

CHAP. VI Of the Things the justices of Peace have no Connusance.  
FOr answer to this, take these things:  
1. The Justices may in their general 
Treason.  Sessions, inquire of, and take Presentment of any High Treason, Petit Treason, or Misprision of Treason, by the Common Law; but they may not there further proceed therein. Not have they to do with the Statutes of Treason and Praemunire about Jesuits, Priests, and Popery; Upon 1 Eliz. 1. 5 Eliz 4. 1 jac. 4. 5. 3 jac. 5. 13 Eliz. 1.  
2. They may hear and determine all 
Folonies.  Felonies, that are Felonies, by the Common-Law. And such Felonies that are made so by the Statutes that give them power to hear and determine them. But they seldom or never m●ddle further with any such Felonies, then to commit, the Felons, and bind over the prosecutors and witnesses to be before the Judges of the Goal-delivery, to whom they always leave it, except in case only of Petit Larcenies. But for Felonies, by Imbezilling a Record; 
Felonies by Statute-Law.  upon 8 H. 6. 12. by forging of deeds; upon 5 Eliz. 14. By confederacy of Masons; upon 3 H. 6. 1. By carrying away a woman against her will; Upon 3 H. 7. 2. By double marriage; upon 1 Jac. 11. By Witchcrast; upon 1 Jac. 12. By a Gaoler, in making his Prisoner an Approver; upon 14 Ed. 3. 9 By acknowledging a Fine in another's Name; upon 21 Jac. 29. By Servants that imbesil their Master's goods; upon 21 H. 8. 7. 5 Eliz. 10. By burning of a house, or Frame of a house; upon 37 H. 8. 6. And some others, the Justices of Peace have nothing more to do with these within, or without their Sessions, but to examine the offender. send him to Goal, etc. as they do with other Felons.  
3. The Justices of the Peace have nothing to do about Maintenance and Champerty; upon 32 H. 8. 9 Nor 
Maintenance. Sheriffs. Clerk of the Market, Cooper's. Wool and Cloth. Servants. Bowes.  about Sheriffs; upon 1 Ed. 4 2. 4 Ed. 3. 10. Nor about the Clerk of the Market; upon 13 R. 2. 4. Nor about Cooper's; upon 23 H. 8. 4. 31 Eliz. 8. Nor about woollen Yarn; upon 7 Ed. 4. 3. Nor about Cloth; upon 43 Eliz. 10. 27 H. 8. 12. Nor about a Servants wasting of the dead Masters goods; upon 21 H. 8. 7. Nor about Bowes; upon 12 Ed. 4. 2. 1 R. 3. 13. Nor about selling of Cattle; upon the 3 & 4 Ed. 6. 19 Nor about 
Cattle. Importation.  bringing in of Foreign Wares; upon 5 Eliz. 7. Nor about the prices of Bows; upon 8 Eliz. 10. Nor about Usury; upon 8th of August, 1651. Nor about the Directory; upon Act. 
Directory.  23 August, 1645. 26 April, 1645. And some other Statutes and offences thereby made, there are, about other things wherewith the Justices of the Peace have not to do at all.  
4. They cannot here give a Remedy for a debt, a Legacy, or for Alimony: 
Legacy. Alimony.  But if a Wife be a charge to a Parish, they may rate the Husband to help the Parish. See more in Chap. 7.   

CHAP. VII. Of the Order of the proceeding by the justices of the Peace, in the punishment of offenders within and without the Sessions of the Peace.  

SECT. 1.  
THe Order and manner of proceeding against offenders for the punishment of the offences we have spoken of, is either within, or without the Sessions. The Course of the Justices of the Peace in the Sessions, is to inquire by Jury, and to take their Presentment, or to receive Indictments, and (in some cases) Informations preferred by others. And thereupon to grant out process against the offenders, to come in and answer the matter whereof they are accused. And upon they appearance, if they do not confess the offence, to take and enter their Traverse, charge a Jury with the matter of Fact. And if the Jury find them guilty thereof, the Justices do give Judgement (as the case deserves) of Fine, Imprisonment, or Amercement, or otherwise; And Execution is done thereupon accordingly. And so an offender there becomes attaint or convict of his offence, either by his confession of it, when he is to plead to it upon the Indictment, Presentment, or Information; or when upon his Traverse to it, the same is referred to a Jury, to try whether he Be guilty or not, And the Jury doth find him Guilty. And this is the common way of Trial. But there are in some special cases, other ways of Trial there, by Certificate, Examination of the offenders and witnesses; but this is very rarely used. The Statute-Lawes, Acts and Ordinances of Parliament wherewith the Justices of the Peace have to do, are many; And those (especially as to the point of Conviction of offenders, and the execution thereupon) they are variously penned; Not three of threescore of them do agree therein, but are of several forms of drawing in that part.  
For, 1. As to the persons that are to do the work, Some of them say, That the Justices of the Peace of the County may do it. Some, That all the Justices may do it. Some, That any of the Justices may do it. Some, That any one of the Justices may do it. Some direct, That the thing must be done by one, some by two, some by more Justices. And some, That one of them that do it must be of the Quorum.  
2. As to the place where they are to do it. Some of the Laws say, That it shall be done by the Justices, and do not say where is shall be done. Others say, It shall be done in the Quarter-Session. Others, in the General Sessions. Others, in the open Sessions, or in the public Sessions. Others, in the General or Quarter-Sessions, Others, in the ordinary Sessions. Others, at the usual and General Sessions. And others say, in the Sessions. Others, in any Sessions of the Peace, etc.  
3. As to the words by which the Justices are empowered; Some Statutes, etc. give to the Justice's power and authority by these express words, That they shall have power. Others are, That they shall do it. Others, That they may do it. Others, That it may be done before or by them. Others thus, Such a thing to be done by the Justices of the Peace, and the like.  
4. So for the manner of the doing of it: 1. For the Conviction of the offender of his offence; Some Statutes, etc. set down a penalty, and say, That the Justices shall hear and end it; and do not say, how. Others say, That the Conviction shall be by the Oath of witnesses; some, by one; some by more witnesses. Some, by the hearing, view or sight of Justice of Peace. Some, by the Confession of the offender. Some, by the proof (not saying, upon Oath) of Witness, or Witnesses. Some, by Information. Some, by Examination: And some, by Certificate. Some, by any one; some, by two or three of these ways. And some give power to administer the Oath; and some give no power to administer the Oath. 2. And so for Execution; Some direct somewhat to be done, and say not who shall do it. Some of them direct the Justice of Peace to make a Warrant, and say not what Warrant; whether in writing, or under hand or seal; or to whom it shall be directed. Some are appointed to be sent to the Constables; some, to the Churchwardens: some, to Overseers of the Poor; and some, to two sorts of them. Some appoint the Warrant to be in writing, and under the hand and seal of the Justice of the Peace.  
5. And so for the matter or thing to be done; Some to hear and determine in the offence; some, to punish the offender: some are to put the Statute in execution. Others, to punish offenders against that Law. Some give a power to commit the offender to the Goal; some, to the Bridewell; some, to distrain his goods, etc. Some are to convict the offender, and then to proceed to execution. Others are, That the Justices shall convict the offender, and then certify this Conviction to some other Court, etc.  
We shall lay down divers examples of these things. And then give our opinion upon them, by way of Question and Answer.   

SECT. 2.  
1. Some of the Statutes, etc. we speak of seem to give to the Justices of the Peace a power to do something only, or chiefly in the Sessions of the Peace. And some again seem to give them a power to do somewhat with out the Sessions of the Peace. And some again seem to give them a power to do something within and without the Sessions, as they please to do it. And some seem to give a Power to do the work, part of it without, and part of it within the Sessions.  
2. Some Statutes, Acts, and Ordinances of Parliament are penned, as to the Conviction of Offenders, to this 
To hear and Determine. Horses. Sheriffs. High ways and Bridges. Fish. Victuallers Guns. Perjury. Navy. Lordsday. Forcible Entry. Captains. Prophecies Hunting. Gold and Silver. Blasphemy. Wand'ring Soldiers and Mariners.  purpose. That the Justices of the Peace shall have power to hear and determine the offences, So is 2 and 3 Ph. and M. 7. 31 Eliz. 12. 32 H. 8. 13. of Horses, 27 Eliz. 7. 12. Of Sheriffs, 12 March, 1649. of Butter, 18 Eliz. 12. of Highways, 22 H. 8. 5. Of Bridges, 1 Eliz. 17. of Fish, 2 and 3 Ed. 6. 15. of Victuallers, 33 H. 8, 6. of Guns, 5 Eliz. 9 of Perjury, 8 Eliz. 5. of the Navy, 17 Septemb. 1656, of the Lords Day, 8 H. 6. 7. of Forcible Entry, 2 and 3 Ed 6. 2. of Captains, 5 Eliz. 15. of Prophecies, 5 Eliz. 21. 3 Jac. 13. of Hunting, 23 of Eliz. 10. of Hawking, 8 H. 5. 3. of Gold, 2 H. 6. 14. of Silver, 9 August, 1650. of Blasphemy, 39 Eliz. 17. of wand'ring Soldiers, and Mariners. All these and some others do run to this purpose. And yet the greatest part, if not all of these do differ amongst themselves the one from the other, some of them give power to the Justices of the Peace, to inquire, hear, and determine. Others to examine, inquire, hear, and determine; others to examine, and determine: And some of them are (only) to hear and determine. Some of these also are to hear and determine in the Quarter-Sessions, others in the general Sessions. Others in the Sessions. Others to hear and determine the offences. But doth not say where. And in some of them there are Additions of other things. Some give them power to hear and determine by Bill Plaint. etc. and some by one way and some by another way, and some by no way at all. Some of them do add that the Justices shall grant out process. Others that they shall fine. Others that they shall do execution thereupon, according to the Law, and the like.  
3. Others there are that are penned in other words, but much to the same purpose. As for example.  
One is penned to this purpose. That the Justices of the Peace in their Sessions, 
Adultery.  shall have power to give in charge to a Jewry to inquire, and shall inquire by the verdict of twelve men of all the said offences, etc. And upon indictment, or presentment, to hear, and determine, as in other cases of Felony, or Trespass, So 10th May, 1650, of Adultery.  
4. Others to this purpose. That a Presentment taken before a Steward of a Leet, shall be sent to the Justices in 
Horses.  their Sessions. And then that they shall proceed to hear and determine it, as if it were taken by themselves. So 32 H. 8. 13. of Horses. 1 Ed. 4. 21. of Sheriffs. 
Sherifts.   
5. Another is to this purpose. That the Justices of the Peace shall examine, hear, and determine the defaults of etc. and punish the offenders by imprisonment, according to their discretion. So 28 H. 8. 14. of Wines. 
Wines.   
6. Others are with reference to other Statutes, etc. That they shall have like power to punish these offences, as they have to punish the offences against another Statute, or another clause of the same Statute, So 3 H. 7 7. 17 Ed. 4. 4. May 10. 1650.  
7. Others are with reference to other offences, to this purpose: That the offender shall suffer [or be punished] in this case, the Justices of the peace as other Felons [or other Felonies] are punished by the Law. So 39 Eliz. 17. 8 Eliz. 3. 2 and 3 Ph. and M. 4. 21 H. 8. 7. 1 jac. 31.  
8. Another is to this purpose. That these Offences shall be diligently enquired of, and presented before them in their Ordinary Quarter-Sessions. And that 
Drunkenness.  thereupon there shall be such due proceeding, as in such like cases, upon an Indictment, or Presentment, is used by the Laws, etc. So 4 jac. 5. of Drunkenness.  
9 Another to this purpose. That the Justices of the Peace shall inquire thereof, and determine the same as well by examination, as by presentment. So 
Coroners.  1. H. 8. 7. of Coroners.  
10. Others thus. That the Justices of the peace shall inquire thereof at their Quarter-Sessions, and assess such Fines upon the Offenders, as they shall 
Highways.  think meet. So 2 and 3 Ph. and M. 8. and 5 E●●z. 13. of Highways.  
11. Another thus; That the Justices of the Peace in their Sessions, shall inquire as well by their office, as by the Information of others of all Trespasses, Misprisions, and defaults made against 
Fi●●.  any of the points of this Statute, and cause them that be thereof Indicted to come before them, and if they be thereof convict, they shall have Imprisonment, and make Fine according to the discretion of the same Justices. So 17 R. 2. of Fish.  
12. Another thus. That the Justices of the Peace shall have power to inquire, hear, and determine of all the defaults, etc. by presentment had before 
Coroners.  them at their Sessions, without any more words. So 12 Ed. 4, 9 of Coroners.  
13. Another to this purpose. That the Justices of the Peace shall inquire by the Oath of 12 men, as also by information of any of the King's Subjects, and make such like process upon every 
Sheep.  presentment, and Information, as they use to do upon every Presentment of Trespass before them. So 25 H. 8. 13. Of Sheep.  
14 Others to this purpose. That the ●ustices of the Peace shall inquire [or shall inquire by Jewry] of all the offences within the Statute. [without 
Forcible-Entry. Horses.  more words.] So 8 H. 6. 9 of Forcible Entry. 1 Ed. 6. 5. Of Horses.  
15. Another to this purpose, that the Justices of the Peace in their Sessions shall charge them that appear before them, duly to inquire, and put in execution the effect of the premises in due time, so that this Act may be fully executed. 
Crows.  So 24 H. 8. 10. of Crows.  
16. Another thus. That the Justices of the Peace shall have power to inquire of the said defaults, as well at the suit of the King, as of the parties. So 8 H. 
Yarn.  6. 5. of Yarn.  
17. Another thus, That the Justices of the Peace in their Sessions, shall inquire by the oath of twelve men, of these offences. And that their presentment shall be of the same force, as 
Wines.  theirs in the King's Bench are; And the Forfeitures found by the Verdict aforesaid, shall be divided, etc. so 7 Ed. 6. 5. of Wines.  
18. Another to this purpose. That the Justices of the Peace at their Quarter-Sessions shall have power to indict and try the Offenders by the usual course of Indictments, and Trials in like cases. And after such Conviction, 
Log-wood.  to adjudge the Offender to be set openly on the Pillory, So 39 Eliz. 11. about Log-wood.  
19 Another to this purpose. That the Justices of the peace in their Sessions, shall call before them any suspected persons, and to their discretion examine them in the Premises, and if they find any default in them, then that they be committed to prison till they find Sureties to pay the Forfeitures set down, etc. So 19 H. 7. 11. of 
Dear.  Deer.  
20. Another thus: That he that shall so offend, shall be grievously punished, according to the Justices of the Peace's discretion. And that they shall judge the offender to the same bodily punishment as the Offence requireth, 
Labourers.  and shall do execution thereof, So in 13 R. 2. 8. Of Labourers.  
21. Another thus: That the Justices of the Peace shall set down such Fines and Penalties upon the Offenders against that Law, as the most part of them in their Quarter-Sessions, shall think fit, etc. So in 7 jac. 4.  
22. Another thus; That for the offence, the offender shall suffer such further penalty, as by the more part of the Justices shall be thought fit, not exceeding 40 s. for every offence. So in 7 jac. 4.  
23. Another to this purpose: Upon 
Hawks Eggs.  pain of 10 l. the one half thereof to the party that will sue for the same by Action of debt, by Examination before the Justices of the Peace, Information or otherwise, and the other half to the King. So in 11 H. 7. 17. of Hawks eggs.   

SECT. 3.  
THere are another sort of them that seem to give power to the Justices to do something within, or without; or within and without the Sessions incertainly. As for Examples:  
1. One of them is penned to this purpose; That the Justices shall inquire, 
Pheasants.  hear, and determine all offences against that Law. And in case it be not so punished, That any one Justice may at his discretion examine all persons suspect to offend, and bind them over. So 23 Eliz. 10. of Pheasants.  
2. Another thus; That the Justices of the Peace shall inquire of all the 
Tanners.  premises in their Sessions, and hear, o● (in the disjunctive) determine the same. And also by their discretion examine all persons suspected to offend against that Law. So 1 jac. 22. Of Tanners.  
3. Another thus; That the Justices 
Til●●  of the Peace shall inquire, hear, and determine by their discretion, as well by Examination or otherwise, of the offences, etc. And if it appear to them by Examination or otherwise, by their discretion, that any person hath offended against that Law, that then they shall assess no less Fine, etc. for every offence. So 17 Ed. 4. 4. of Tile. 32 H. 8. 13. of Horses. 
Horses.   
4. Another thus; That the Justices 
Malt.  of the Peace shall inquire, hear, and determine as well by the Presentment of 12 men, as by Accusation or Information of two honest witnesses of, for, and upon the same offences. So 2 and 3 Ed. 6. 10. of Malt.  
5. Another thus; That the Justices 
Transportation.  of the Peace shall inquire as well by the Oath of 12 men; as also to hear and examine the Masters and Mariners of the Ship, and to hear and determine the same offences, as they may and aught to hear and determine other offences. So 1 & 2 Ph. & M. 5. of Transportation.  
6. Another is to this purpose; That 
forestall.  the Justices of the Peace shall inquire, hear, and determine at their Quarter-Sessions all offences, etc. by Inquisition, Bill, Presentment, or Information before them, and by examination of two lawful witnesses, or by any of these ways or means, according to their discretion. So 5 and 6 Ed. 6. of Forestall, etc.  
7. Another thus; That the Justices 
Weights.  of the Peace shall by examination or enquiry, hear and determine the desaults, etc. and set Fine according to their discretion. So 11 H. 7. 4. of Weights.  
8. Another thus; That all the Justices 
Pheasants.  of the Peace in their general Quarter-Sessions, and any two of them together out of any Sessions, shall examin●●, hear, punish, and determine the offences, etc. and to administer Oaths, and to perform every thing requisite for the due execution of that Law. So in 1 jac. 27. of Pheasants.  
9 Another to this purpose; That all the Fors●itures that shall grow by the Conviction of any person within the Statute, shall be levied by Warran● under the hands and seals of two Justices by distress and sale of the offender's goods. And that if any of the said offences shall be confessed by the offender; or that the same shall be proved. 
Rogues.  by two sufficient witnesses (not saying, upon Oath) before two Justices of the Peace, that then such person shall forthwith stand convicted in Law thereof And that any two Justices of the Peace, etc. shall have power to hear and determine all causes that shall come and grow in question upon this Act. So 39 Eliz. 4. of 
Such as ●ve at high Rates.  Vagabonds.  
10. Another to this purpose; That the Justices shall send for the offender, and require Sureties of him for the good Behaviour, and to appear at the Sessions; or if he refuse to give it, send him to Goal. And that at the Sessions be shall be indicted; upon which Indictment, if he be legally convict of the offence, that he shall be sent to the House of Correction. So 17 Septemb. 1656. Of them that live at High Rates. 
Clothes.   
11. Another is to this purpose; That every Justice of Peace of the County shall have power to hear and determine the Complaints of them that are wronged, etc. by due examination of the parties, etc. And to commit the said offenders to the next Goal, there to remain till damages be paid, etc. And that every of the said Justices, upon complaint of any other, may cause the party complained of, to come before him, and to examine him upon it. And if thereby, or by other due proof he be found defective, that then he shall forfeit, etc. So 4 Ed. 4. 1. Of clothes.  
12. Another to this purpose; That 
Yarn.  the Justices of the Peace shall have power to inquire of the said defaults as well at the Suit of the King, as of the party. And that they shall examine the Trespasso●s, and inquire and do execution upon them that be sound faulty by Inquest or Examination to be made by the Judges, etc. So 8 H. 6. 5. Of Yarn.  
13. Another to this purpose; That if the said offence shall be confessed by 
Clothiers,  the offender, or proved by two lawful witnesses before the Justices of the Peace in their Sessions; Or before any two Justices of the Peace: That then such person of such offence shall be convict, and the Forfeiture shall be levied by distress and sale of goods, by Warrant from the two Justices of the Peace before whom the Conviction shall be. So 1 jac. 6. Of clothiers.  
14. Another to this purpose; That 
Tokens.  the offender being convict by examination of witnesses, or confession, taken before the Justices of the Peace in their general Sessions, shall suffer any corporal punishment (but death) they shall appoint. And that two Justices of the Peace (one of them being of the Quorum) may to the Sessions call by process, or otherwise, the persons suspect, or commit him to Ward, or let him to bail till the next Assizes or General Sessions, there to be examined, and further ordered as aforesaid. So 33 H. 8. 1. Of Tokens.  
15. Another is to this purpose; That the Justices of the Peace, upon complaint 
Sheriffs.  to them, shall examine the suspect offender, and his Servants: And if upon examination they shall find him faulty, That then he shall be convict and attaint of the same offence, without further Inquisition or examination. And he shall forfeit, etc. And that the Justices shall certify this Forfeiture into the Exchequer. So in 11. H. 7. 15. Of sheriffs.  
16. Another to this purpose; That the Justices of the Peace dividing themselves 
Servants.  into several limits, shall by all such ways and means ●● to their wisdoms shall be thought must meet, make a special and diligent enquiry of the Articles of that Statute, and the execution thereof, and where they shall find defaults, severely punish it. So in ● Eliz. 4. of Servants. Wherein there is also a general ●ower of Oyer and Terminer to the Justices of the Peace.  
17. That the Justices and every of them may examine, hear, and determine all Complaints and offences that shall be done against that Law; and according to their discretion punish such as shall offend, etc. So 2. and 3 Ph. and M. 16.  
18. Another to this purpose; That 
Captains and Soldiers.  the offender upon due proof of the offence by the Justices of the Peace, shall suffer, etc. So in 2 & 3 Ed. 6. Of Captains and Soldiers.   

SECT. 4.  
THere are another sort of them, and they seem to give to the Justices of Peace a power to do something only, or especially, out of the Sessions of the Peace. As for Examples; 1. One of them is p●nned to this purpose:  
1. If any Justice of Peace of etc. upon 
Lordsday.  his or their view, or confession of the party, or proof of any one or more witnesses by Oath, (which the said Justice may administer) shall find any person offending in the premises, the said Justice shall give Warrant under ●●● hand and seal to the Constables or Churchwardens of the place where &c. to levy the said Forfeiture by way of distress, etc. rendering the overplus. And for lack of distress, That the party offending shall be set in the stocks three hours. See 6th of April, 1644. and 1 Car. 1. Of the Lord's Day. 19th April, 1650. Of the Lord's Day.  
2. Another to this purpose; That if 
Swearing.  any shall offend, etc. in the presence or hearing of any Justice of Peace where the same offence shall be committed, or shall be thereof convicted by the Confession of the party, or by the Oath of one Witness, before any Justice of Peace, (which Oath he shall administer) that he shall forfeit, etc. And that all and every the said Forfeitures shall be levied of the Goods and Cattle of every person so offending, by Warrant from such Justice of Peace by distress and sale thereof, restoring, etc. and in default of payment thereof, or security given for it, if no distress be found, the offender if above 12 years, shall by Warrant from such Justices of Peace be set in the stocks for three hours. If above 12 years old, then that the Justice of Peace shall give his Warrant to the Constable to whip him. So Act. 1650. Of Swearing.  
3. Another to this purpose, That the offender shall forfeit, etc. being 
Stage-Players.  convicted thereof by his own Confession, or proof of any one witness upon oath before any one Justice of Peace, (which he shall administer) to be levied by the Constables or Churchwardens of the Parish where, etc. by Warrant of the Justice of the Peace, by distress and sale, etc. See Old. 11th Febr. 1647. Of Stage-Players.  
4. Another branch of the same Law 
Stageplays.  is to this purpose; That all such offenders as upon view of two Justices of the Peace, or any of them. Or by the Oath of two witnesses, (which they may administer) shall be proved before any two of them to have offended, etc. that they by their Warrant under their hands and seals, shall cause them to be apprehended, and openly whipped in a Market-Town, 11th Febr. 1647. Of Stageplays.  
5. Another branch of the same Law is to this purpose; That he that offends 
Lordsday.  shall forfeit, etc. The said offence being done in view of any Justice of Peace, etc. or being proved upon Oath by two or more witnesses, or by the Confession of the party offending before any such Justice of Peace, (which they may administer). All which penalties shall be levied by any Constable or Church warden, by Warrant from any such Justice of Peace by distress and sale, etc. So 3 Car. 1. Of the Lord's Day.  
6. Another to this purpose; That 
Excise,  the offender upon due proof thereof made by the Oath of two or more witnesses before any Justice of the Peace of, etc. shall forfeit, etc. To be levied by distress, etc. And that all Justices of the Peace of the, etc. are hereby required and authorized to put this Clause in Execution, and the said penalties and forfeitures to cause to be paid to the Sub-Commissioners of Excise. Act. 14. August, 1649. Of the Excise. Another after the same manner, the offence being proved by the confession of the party, and proof by the oath 
Titles of Honour.  of one or more witnesses, before one or more Justices of the Peace. Which said Justice and Justices are hereby authorized and required to cause the same to be paid accordingly; and in case of Refusal, to levy by distress, etc. And for want of distress, to cause the said offender to be set in the public stocks for three hours. So 4th of April, 1651. Of Titles of Honour.  
7. Another to this purpose; That the offender shall forfeit 10 5. the same 
Alehouses.  offence being seen and viewed by a Justice of Peace, etc. or proved by the Oath of two witnesses before any such Justice of Peace (which he may administer). And that all the said penalties be levied by the Constables or Churchwardens of the place by Warrant from one Justice of the Peace of the County, etc. by way of distress to be taken and detained for the Forfeiture; And for default of satisfaction within six days after the distress taken, the same to be presently apprised and sold, and the surplusage to be delivered, etc. And for want of such sufficient distress, the party offending, to be by the said Justice committed to the Common Goal, there to abide till the penalty be paid. So 1 jac. 9 21 jac. 7. Of Alehouses.  
8. Another to this purpose; That 
Drunkenness.  the offender shall forfeit, etc. to be levied by way of distress, by any person or persons, having Warrant from any Justice of Peace, or Court, where any such Conviction shall be. So 4 jac. 4. Of Drunkenness. And after by 21 jac. it is added, thus; That proof of one witness shall be enough-And that any one Justice of Peace shall have power upon his own view, Confession of the party, or proof of one witness upon Oath, (which he shall have power to administer) to convict any offender.  
9 Another to this purpose; That any two Justices of the Peace may 
Cloth.  grant their Warrant to call before them Witnesses, and to examine them upon Oath. And if it be found by the oath of two witnesses, or Confession of the party offending, that he hath done it, that he shall remain convict of it. And the Justices may certify it under their hands and seals unto the Churchwardens and Overseers of the Poor of the place where, etc. And that then immediately after the said Certificate shall be so delivered to such Churchwardens; etc. and Warrant by them made to the said Overseers and Churchwardens for the levying of the said Forfeiture, it shall be lawful for them to levy the same by distress, etc. And for lack of such distress, it shall be lawful for the said two Justices of Peace to commit the offender to the Common Goal without bail, till payment be made of the Forfeiture to the Churchwardens, etc. 21 jac. 18. Of cloth.  
10. Another is to this purpose; After 
Alehouses.  a good power given to convict of one offence, and to levy the Forfeiture for the same; That for another offence it being duly proved in manner as is before limited; To be levied in such manner as is before appointed by this Statute. So 1 Jac. 9 4. Jac. 4 & 5. Of Alehouses.  
11. Another thus; That any Justice 
Logwood.  or Justices of the Peace, etc. may cause the Servants or Workmen of the offender to come before him o● them; and them to examine by oath, or otherwise. And if upon Examination, they find the thing to be so, That then they may bind them and the Witnesses over, and certify the Examinations to the next Sessions; or if they refuse to be bound, send them to Goal. So 39 Eliz. 11. Of Log-wood.  
12. Another to this purpose; That they that shall offend, and the offence be proved by the Confession of the 
Pheasants.  party, or oath of one witness before two Justices of the Peace, That he shall be by the said Justices sent to Goal without bail, for three months, unless he forthwith pay the Forfeiture to the Churchwardens, etc. So 7 Jac. 10. Of Pheasants, etc.   

SECT. 5.  
THere are other Statutes, Acts, and Ordinances, that as to this point of the giving power to the Justices of the Peace about the Conviction of offenders, and doing of execution upon them, are more doubtfully penned, some appointing a thing to be done, and not giving power to any body to do it, or not saying by whom it shall be done.  
1. One of them is to this purpose. That upon complaint, and proof made, etc. before any one or more of the Justices 
Blasphemy  of the Peace, by the Oath of two or more Witnesses, (which he or they may administer) or Confession of the Offender, the same confessing, or convicted party, shall be committed to prison, or house of Correction for a Month. [And it doth not say by whom he shall be committed.] So in 9 August. 1650. Of Blasphemy. To the same purpose is another: That the offender shall forfeit; etc. And that it shall be levied, etc. and if he be not able to pay it, 
alehouses  than (saith the Act) he is to be committed to the Stocks; [and saith not by whom] So in 4 jac. 5. Of Alehouses. To the same purpose is another. That the Offender shall forfeit, etc. To be levied, etc. and for lack of 
Lord's day.  distress, or not payment thereof made, the offender to be committed to the house of Correction, for three Months or until he make payment thereof, So is it in 17 Septemb. 1657. of the Lords Day. To this purpose is also 19 H. 7. 
Buckstalls.  11. of Buckstalls, and 39 Eliz. 11. about Cloth. And the Acts of 1 jac. 1. and 6th of April, 1644. of the 
Cloth. Lord's day.  Lords Day, are in this part, and as to this point very incertainly penned.  
2. Others set forth how the offender shall be punished, and how execution of the penalty shall be made and done. But doth not say how the offender shall 
Highways.  be convicted of his offence before the Justices of the Peace. And of this sort we have one to this purpose. That the Surveyors of the Highways shall levy the Forfeitures, and if they levy it not by such a time that then the Constables shall levy it. So 18. Eliz. 10. of Highways. So to the like purpose is it by another. That appointeth Forfeitures upon Overseers of the Poor, for neglect of their office: And that their Successors by Warrant of two Justices of the Peace, by distress and sale of their goods shall levy: But there is no way set down by the Act, how they may be convicted of their offence. So in 43 Eliz 2. And so is the Act of 9th of F●●r. 1647. For the neglect of the Churchwardens in their Office, and 
Churchwardens.  of the Parish by not choice of Churchwardens, and of the Parishioners by not payment of their Rates, there are several 
Rates not paid.  Forteitures appointed for these several offences. And it is said in them. That it shall be lawful for the present, and subsequent Churchwardens by Warrant under the hands and Seals of two Justices of the Peace, to levy the same by distress and sale of the Offenders goods, etc. and for lack of distress, to send him to Goal, till payment. And to the same purpose is a part of 19th April, 1650, About the Lord's Day. So 
Lord's day.  is 3 car. 3. about the Ale-house-keepers, as to the Officers penalty. And so was 4 jac. 5. about drunkenness, until it was supplied by 21 jac. 7.  
3. Others they set down how the offender shall be convicted of his offence. But they say not how execution shall be done. For this, one of them is to this purpose, That any one Justice of Peace upon complaint, etc. may cause the party acensed to come before him, and examine him therein. And if by the same, and other due proof, he find him guilty, that he shall forfeit so much, etc. 
Cloth.  So in 4 El. 4. 1. of Cloth. Another thus, That upon due proof of such an offence before any Justice of Peace, the offender shall forfeit, etc. [and no words how it shall be levied]. So in two or 
Captains and Soldiers.  three Ed. 6. Of Captains.  
4. Others are so penned, that they do not give a clear power to the Justices either to convict the offender of the offence, or to do execution of the penalty, or pain to be inflicted for the offence. So is 14 Eliz. 5. about the Rates for 
Treasurer's Poor.  the Goal, there is a Forfeiture of 5 l. set upon an Offender. But no way set down to convict the Offender, or to levy the Forfeiture. So in 43 Eliz. 2. and 
Soldiers.  3. There are in those Statutes, some Forfeitures set upon offenders for their offences, and there is neither power of Conviction, nor of giving warrants for execution given to the Justices of Peace therein. 4. But in some cases, as in 1 jac. 9 as to the Forfeiture for Tippling, 
Tippling.  and selling less than measures; the Act itself, upon the Conviction of the Offender, before the Justice of Peace giveth power to the Constables, and Churchwardens, who of their own heads without warrant from any Justice of Peace, may levy the Forfeiture. So in 43 Eliz. 2. and 3.   

SECT. VI Certain Questions, and Answers for the opening of some of the Statutes, Acts, and Ordinances touching the Office of the justice of the Peace.  
Quest. 1. Where a Statute, Act, or Ordinance of Parliament, made for the punishment of any offence, shall not in any part thereof give any express power to the Justices of the Peace, to do any 
Justice's power.  thing upon it. As 1 jac. 12. 8 H. 6. 12. 21 jac. 29. and others. Whether in this case, the Justices of the Peace may do any thing upon it at their Sessions of the Peace?  
Answ. We Conceive, Nothing at all more than what they might have done therein, before the making of the Statute, etc. See C●●●. 2. Rep. ●43.  
Quest. 2. If the offence mentioned in such a Statute, etc. were an offence at the Common-Law, before the making of that Statute, etc. and within the Conusance of the Justices of the Peace, as in the Case of a Riot, Perjury, or the like. Whether in this Case the same offence may not still be punished as an offence at the Common-Law, before the Justices of the Peace?  
Answ. We conceive, yea: and yet that the offender shall not be twice punished for the same offence.  
Quest. 3. Where the Statutes, Acts, and Ordinances do give power to do things in a way of Conviction of offenders to the Justices of Peace diversely. It being in some of them, That all the Justices of the Peace of the County shall do it. In others: That all Justices of the Peace 
17 Of Septemb. 1656. of Recusants. 24 H. 8. 10. 21 jac. 27. 5 and 6 Ed. 6. 4. 1 jac 27 11 H. 7. 15. 4 Ed. 4. 1. of cloth. Act. 14 August 1649. of Excise. 1 and 2 Ph●and M. 5. 5. 17 Sept. 16●6. Of the Lord's Day, and of such as live at high Rates. 2 and 3 Ph. and M. 16.  of the County may do it. In others, that the Justices of the Peace of the County shall do it. In others, that any Justice of the Peace of the County shall do it. In others; th●● all and every Justice of the Peace in any County, may do it. In Others; that all and every Justice of the Peace shall do it. In others, that any of the Justices of the County shall do it. In othe●s, That a Justice of Peace may do it. In others, That upon proof of the offence before one or two Justices of the Peace, he or th●y may punish so and so. In others; That every person so offending, and being thereof convict, etc. How all these shall be taken, as to the persons to do the thing?  
Answ. As to this, we Answer; That ordinarily where in this case a power is given to the Justices of the Peace to do any thing, and it is not expressed where, or how the thing shall be done; In this case we conceive, That thing to be done (especially if it be to convict an Offender of an offence) it must be always done in the Sessions of the Peace, and in and by the ordinary way of Indictment, or Presentment, and Traverse, and Trial of a Jewry, or Confession. And then to hold a Sessions of the Peace, there must be two Justices 
Sessions.  of the Peace at the least, and one of them must be of the Quorum. But where the Act doth declare that the thing to be done, may be done without the Sessions, and that any Justices may do it, there it seems there must be two Justices to do it. If it say, all the Justices of the Peace, or every Justice of 
What one two, or three Justices may do.  Peace, or any Justic● 〈◊〉 the Peace, or any one Justice of the Peace of the County may do it; in these cases it may be done by any one Justice of Peace. And where it doth express the thing to be done before one, two, or three Justices of the Peace, there it must be done accordingly. But in some cases the Laws may perhaps be otherwise taken.  
Quest. 4. Where an Act, etc. doth give power to one or two Justices to do a thing, Whether it may not be done by more Justices?  
Answ. Where the Act, etc. is penned, That one or two Justices may do a thing, There we conceive it clear, It may be done by more Justices. But where it is penned, One Justice [or two Justices] shall do it; There it may be a little more doubtful. But in both Cases, we conceive it may be done by more. And yet in this last Case I should rather choose to do it by the very same number.  
Quest. 5. Where some of the Statutes, 
4 Jac. 5. and the rest named before, and next after.  etc. are penned thus, That the Justices shall have authority to do. Others, That they shall do. Others, That they may do. Some, That they may put the Statute in execution. Others, That they may take the Conviction, and do execution Others, That they shall punish the offences upon the Statute. Others, That upon Oath taken before the Justices, the Forfeiture to be levied by the Justices, etc. Others, That the thing shall be done before them. How these shall be taken?  
Answ. We conceive, they, or the most part of them, are much to one purpose in the Law, and do give a sufficient power to the Justices of the Peace in the thing spoken of: but how, and in what manner, we cannot set forth.  
Quest. 6. Where some of the Statutes, etc. do give power to the Justices of the Peace, of doing, and say not where they 
Act. 17. Septemb. 1656. of the Lordsday, and of Recusants. 5 Eliz. 4, 2 & 3 Ed. 6. 15. 25 H. 8. 13. 5 Eliz. 9 2 & 3 Ph. & M. 3. 4 jac. 5. 4 H. 7. 12. 21 jac. 21. 39 Eliz. 17. 24 H. 8. 10. 1 Jac. 27. 3 Jac. 13. 5 & 6 Ed. ● 4. 14 H. 8. 10. 19 H. 7. 11.  shall do it. Others say, They may do it at the Quarter-Sessions. Others, At the open Sessions. Others, at the principal Sessions. Others, At the general Sessions. Others, At the public Sessions. Others, At the usual Sessions. Some, At the ordinary Sessions. Others, At the Sessions only. How all these shall be taken?  
Answ. This is partly answered in the Answer to the third Questions. But by all these we conceive thus much; That the thing to be done by the Justices of the Peace, is to be done in, and not out of some Sessions of the Peace. And in all those Cases (but in the last) We conceive, is intended, That the thing must be done at the Quarter-Sessions. And in the last Case, where it is said, It may be done at a Sessions of the Peace, or at any Sessions, etc. there it is most safe also to do it at the Quarter-Sessions, though perhaps it may be done at a special Sessions held for that purpose.  
Quest. 7. Where a Statute, etc. doth say, That the Justices of the Peace of the County shall or may hear and determine the offence; but doth not say where, as 39 Eliz. 4. of Bridewell; 
Bridewell. Mariners.  and Chap. 17. of Mariners. Whether the Justices may by this do any thing out of the Sessions of the Peace?  
Answ. We conceive not. And yet perhaps if it be to make a Rate, or to do some such like thing, and not to punish an offence done, there happily it may be done by the major part of the Justices of the Peace out of, as well as within, the Sessions.  
Quest. 8. If a Statute, etc. do give power to Justices of the Peace, to hear and determine an offence, and it doth not say by what way it shall be done; Whether it may be done by any other, but by the ordinary way of Indictment, Traverse; & c?  
Answ. We conceive, No●.  
Quest. 9 Where some of the Statutes, etc. touching Crimes, do give power to the Justices to hear and determine them. 
5 and 6 Ed. 6. 4. & 14. 27 Eliz. 7. 12. 2 and 3 Ph. and M. 3. 7. 5 Eliz. 4. 5. 9 21. 10 May, 1650. 4 Jac. 5. 1 Jac. 22. 27. 3 Jac. 13. 2 and 3 Ed. 6. 2. 10. 23 Eliz. 10. 17 Ed. 4. 1. 1 Ed. 4. 21. 12 March. 1648. 18 Eliz. 10. 22 H. 8. 5. 31 Eliz. 12. 1 Eliz. 17. 32 H. 8. 13. 4 Ed. 4. 1. 33 H. 8. 1. 1 Ed. 6.  Others, To inquire, hear, and determine them. Others, to examine, inquire, hear, and determine them. Others, to examine, hear and determine them. Others, To examine and determine them. Others, To hear, or [in the disjunctive] determine them. Others, To determine them. And some of these also have divers Additions of other things to them: As that they may do it by Verdict; or, That they shall do it by Examination, or otherwise. Or, That it shall be by Witnesses, or by two lawful witnesses, or Confession; or that it shall be upon Presentment, Indictment, or Information. Or that the Justices shall call the parties before them, send out process, give Judgement, punish, do Execution, or the like. How all these shall be understood?  
Answ. We conceive, That generally all these words shall have one and the same Construction and operation in the Law. And that the Justices of the Peace by either sort of these words in a Statute, etc. have a complete power of Oyer and Terminer given to them of the offences named by the Statute. And that the same, or such other like Additions as are named in the Question, will not alter the Case. But how, and in what way, we cannot set forth.  
Quest. 10. Where some of the Statutes, etc. do give power to the Justices 
7 Ed. 6. 5. 8 H 6. 5. 9 1 Ed. 6. 5. 12 Ed 4. 9 4 Jac. 5. 1 H. 8. 7. 2 & 3 Ph. and M. 8. 5 Eliz. 13. 7 Ed. 6. 5. 24 H. 8. 10. 25 H. 8. 13. 14. 15 H. 8. 10.  of the Peace only, To inquire of the offence. Others, To inquire as well at the Suit of the King, as of the Party. Others, To charge the Juries before them to inquire. Others, That the offences shall be enquireable before them. Others, That they shall inquire by Presentment. Others, That they shall inquire and set Fines. How all these shall be taken, And what the Justices of Peace may do upon them?  
Answ. We conceive also, That these words, in the most of these Statutes, are of the same nature, and shall have the same Construction as those in the last Question had. And that they do not limit the power of the Justices of the Peace. But that they will have by either sort of these words, a complete power of Oyer and Terminer given to them of the offences named in the Statute. But how, and in what way, we cannot set forth.  
Quest. 11. Where some of the Statutes do give a power to the Justices of the Peace, to punish an offence according to their discretion. Others, for such an offence, to Fine or to imprison according to their discretion. Others, to Fine and Imprison according to their discretion, as is 7 Jac. 4. 17 R. 2. of Fish. How all these shall be taken, and what the Justices of the Peace may do upon them?  
Answ. We do conceive, That by this sort of words also, That there is a good power of Oyer and Terminer of the offences named in the Statute, etc. wherein they are used, given to the Justices of the Peace.  
Quest. 12. Where the Statute, etc. is thus penned, That the Justices of the Peace at their Quarter-Sessions shall have power to Indict, and try the offenders by the usual course of Indictments and Trials in the like cases. And after such Conviction, to adjudge the offender to the Pillory; as it 39 Eliz. 11. of Logwood. How this shall be 
Logwood.  taken, and what the Justices may do upon it?  
Answ. We conceive, That hereby there is given to the Justices of the Peace, a good power of Oyer and Terminer of the offence within that Law. But in what way, we cannot set forth.  
Quest. 13. Where the Statute, etc. is, That he that shall offend, shall be grievously punished according to the discretion of the Justices, and that they shall judge him to the same bodily punishment as his offence requireth, and shall do execution thereupon; as is 13 R. 2. 8. of Labourers. How this 
Labourers.  shall be taken, And what the Justices of the Peace may do upon it?  
Answ. We conceive, That by this he may be Indicted or presented for the offence; and if he be found guilty, he may be imprisoned what time the Justices of the Peace think fie. But for the way by which it is to be done, we do not set forth.  
Quest. 14. Where a Statute, etc. giveth power to the Justices of the Peace, to hear and end an offence by Examination according to their discretion. Or, as others, By examination of parties and witnesses; As it is 32 H. 8. 13. of Horses. 11 H. 7. 15. 
Horses. Sheriffs. Dear.  of Sheriffs. and 19 H. 7. 11. of Deer. How these shall be taken, and what the Justices of the Peace may do upon them. And whether they may examine upon Oath?  
Answ. We conceive, (as to this case) The words seem to hold forth a power of Oyer and Terminer, in the ordinary way. If otherwise, than we doubt whether they may examine by Oath, except it be in such a thing as whereabouts they do examine by Oath, before the making of the Statute. But it should seem to me, They may by these words examine without Oath, 
Examination.  and, upon that examination, order the punishment, as in the case of Provision for a Bastard child, and punishment of the Parents, upon 18 Eliz. The words of which Statute are the same in effect with the words of this Statute. And if the Justices of the Peace shall in this and such like cases, take upon them to hear and end, convict and punish in the ordinary way of Indictment, we can scarce tell how the offender will be relieved. But how the law will fall out herein, we cannot certainly set forth.  
Quest. 15. Where a Statute is penned thus; under pain of 10 l. the one half to the King, and the other half to him that will sue for it by Action of debt, by examination before the Justices of the Peace, information, or otherwise. As it is in 11 H. 7. 17. Of Pheasants. 
Pheasants.  How this shall be taken, and what the Justices may do upon it?  
Answ. This Act is very doubtful. And yet we conceive some use or other may be made of it, in order to the punishment of the Offender.  
Quest. 16. Where a Statute, etc. is penned thus. That the person offending being thereof convict by examination of Witnesses, or confession before the Justices of the Peace at their general Sessions, shall suffer, etc. And that two Justices, one of the Quorum, may convent him to the Sessions by process, or otherwise, or to commit him to ward, or let him to bail, till the next Assizes, or general Sessions, there to be examined, and further ordered, as aforesaid. As it is in 33 H. 8. 1. How this shall be taken. And what the Justices of the Peace may do upon it?  
Answ. This is partly answered before in the Answer to the 14th Question. But in this case we conceive that the offender may in the ordinary way be indicted, and if he confess the offence, he may be therein convicted. Or otherwise that the Justices may without oath, examine Witnesses, and order his punishment: as upon the Act of 18 Eliz. about a Bastard. But the words seem to me to contain in them probably a power of Oyer and Terminer, in the ordinary way of Trial. But we do not presume to give forth anything for certain herein.  
Quest. 17. Where a Statute, etc. in one part thereof giveth power to the Justices of the Peace, to hear and determine an offence, and in another part thereof, is this clause. That any two Justices out of the Sessions may examine, hear, inquire, and determine, and to administer Oaths, etc. As it is in 1 jac. 27. of Pheasants. How this 
Pheasants.  shall be taken: and what the two Justices of the Peace may do herein out of Sessions?  
Answ. We do not understand what the two Justices of the Peace may by these words do out of the Sessions, nor what the words do intent, except it be to give power to convict the offender at the general Sessions, and also at a special Sessions, kept for that purpose only.  
Quest. 18. Where a Statute, etc. giveth a power to one, two, or more Justices of the Peace in a special way, and out of the Sessions, to convict an offender of his offence. And the same Statute doth nor give to the Justices of the Peace, a general power also, to hear and determine the offence. As it is in the Act of 1650 about Swearing, and 
Swearing.  divers others. Whether in this case the Justices of the Peace may by their Ordinary way of Trial in the Sessions, hear, and punish this offence?  
Answ. As to this case, we do conceive, that there can be no conviction of this offender for his offence elsewhere, or otherwise then before the one, two, or three Justices of the Peace, out of a Sessions of the Peace, And that the Justices of the Peace in their Sessions, are not to intermeddle therewith. But that 
Session's  in cases where there is a general clause also inserted in the Statute, to give to the Justices a power to hear, and determine the offence, as there is in 23 Eliz. 10. 39 Eliz. 4. 1 jac. 27. 9 August, 1650. 9 Febr. 1647. There the offender may be proceeded against by the one, or by the other way.  
Quest. 19 Where a Statute, etc. doth give power to the Justices of the Peace to distrain the goods of an offender, or to send him to prison for a Forfeiture. But there is no way for the 
Poor. Mariners and maimed Soldiers.  Conviction of the offender set down by the Statute. As it is 43 Eliz. 2. of the Poor. and Chap. 3. of Mariners and maimed Soldiers. 13 Eliz. 10. of Highways. 5 and 6 of Ed. 6. 25. of Alehouses. 1 Jac 9 21 Jac. 7. 4 Jac. 
Highways. Alehouses Drunkenness. Lordsday.  5. 1 Car. 4. of Alehouses, and Drunkenness, and 19 April, 1650. of the Lordsday. 7 Jac. 4. What shall be done in this case, And whether it may not be supplied by the Sessions?  
Answ. We do conceive it will be in this as in the last Case, That where there are no general words in the Statute, etc. to give power to the Justices of the Peace, to hear, and determine 
Sessions.  the offence. That in this case there is no way to punish the offender. And so also it will be in case where the Statute doth give a power of Conviction, but no power of Execution. As it is in two and three of Ed 6. about Soldiers. 21 jac. 18. of Cloth. 17 Septemb. 
Soldiers. Cloth. Lordsday.  1656. of the Lordsday. And so also it will be, where the Statute, etc. doth not appoint a way of Conviction, or of Execution, but both are omitted. As it is in 7 jac. 4. of Bridgewell. and 21 jac. 28. And that it is 
Bridewell. Caution to the Justices.  not safe for the Justices of the Peace to give Warrants in these Cases.  
Quest. 20. Where a Statute, etc. doth say, a Conviction shall be before the Justices, by the proof [or by the Testimony] of witness. And it doth not say, upon Oath. As in 21 Jac. 18. of Cloth. 39 Eliz. 4. of Bridewell. 
Cloth. Bridewell. Crows.  24 H. 8. 10. of Crows. What proof this must be, Whether proof upon oath?  
Answ. We conceive it to be doubtful. But that the most sure way for the Justices, is to adventure to do it by the ordinary way of Indictment, and the Trial of a Jury.  
Quest. 21. Where a Statute, etc. doth direct, the Conviction of an offender to be by oath before one, or niore Justices of the Peace. But it doth not give power to the Justice to administer the oath: As in Act. 4th Febr. 1641. of Titles of Honour. 14 August, 
Titles of Hounour-Excise. Hue-and-Cry.  1649. of the Excise. 27 Eliz. 13. of Hue-and-Cry. Whether in this case the Justice of Peace may administer the oath?  
Answ. We conceive, Yea. And yet there are very few of the Statutes and Acts that do omit the inserting of a Clause to give power to the Justice to administer the oath. See for this, the manner of penning of the Act of 27 Eliz. 13. for the oath of him that is rob, to be taken before a Justice of Peace. Which is admitted to be good, and taken daily.  
Quest. 22. Where a Statute, etc. doth give power to a Justice or Justices of the Peace to convict an offender, and levy the Forfeiture by distress; with this; That in case of lack of distress, they may proceed further. How this lack of distress● shall be understood?  
Answ. By this we conceive shall be understood, Lack of distress in the place into which the Officer by his Warrant is to enter, and execute it.  
Quest. 23. Where a Statute, etc. gives a power to a Justice to distrain; and for lack of distress, to proceed further, to imprison, etc. How the Justice shall in this case take notice of the lack of distress, so as to grant his second Warrant upon it.  
Answ. In this case, we conceive i● safest for the Justice, (if the Statute will bear it out) to put it in his first Warrant, to the officer thus. That he shall distrain, and in case of lack of distress, that he shall carry the party to prison, [or put him in the stocks] etc. as the Case is.] And so put the work upon the Officer, to take care of it.  
Quest. 24. Where a Statute, etc. gives power to a Justice to convict an offender, and levy the Forfeiture for his offence. And then these words are added. That in case of lack of distress, the offender shall be committed [or the offender to be committed] but it doth not say by whom he shall be committed. As is 39 Eliz. 11 of Log-wood. 
Log-wood. Blasphemy. Dear. Drunkenness. Excise. Alehouses Lords day. Such as live at high Rates, etc.  9 August 1650, of Blasphemy, 19 H. 7. 11. of Deer. 4 Jac. 5. 21 jac. 7 of Drunkenness, 14 August 1649. of the Exercise, 6 April 1644, and 17 Sept. 1656. of the Exercise, 1 Car. 1. 6 April 1644, of the Lords Day, and 17 Septemb. 1656 of them that live at high Rates. Whether in these cases the Justice of Peace may safely send his Warrant to commit the offender. Or what may be done by him upon such a Law?  
Answ. This Case may be a little doubtful. But we conceive that it will be intended, as that which is necessarily understood, that the Justice of Peace may make such a warrant, and Justify it. And this is the opinion of some Learned men. But otherwise we conceive that the Justices of the Peace in their Quarter-Sessions, cannot supply it, but in cases where they have a general power of O●er and Terminer, of the offence by the same Law. And there it must be also in the ordinary way way of proceeding by Indictment, etc.  
Quest. 25. Where a Statute, etc. is that for lack of distress, the offender by warrant from a Justice of Peace, shall be whipped, etc. [without more words] as it is in 28 June, 1650. about Swearing. Whether the Justice may in this case, make his Warrant to do this?  
Answ. It seems, Yea. And so Iso, where the Act is penned thus, Upon pain of etc. To be levied by warrant from a Justice of Peace, etc. as it is in the Act of Excise. Septemb. 1656.  
Quest. 26. Where a Statute, etc. is penned thus. That upon proof, or Oath, or confession of the offence before a Justice of Peace [without more words] such a punishment shall be inflicted, or such a thing shall be done. As it is in Act 14 August 1649. of the 
Excise. Titles of Honour. Stageplays. Swearing. Lord's day.  Excise. 4 Febr. 1651. of Titles of Honour. Act 1656. of Excise. 12 Febr. 1647. of Stage-player. Act 1650. of Swearing. 3 Car. 1. of the Lordsday. Whether these words do give power to the Justice to take the Conviction?  
Answ. We conceive, Yea. And so also, where the Statute, etc. is penned to this purpose, that unless such a thing be done before a Justice of Peace, that such a punishment shall not be inflicted. That by this the Justice hath power in the thing, as it is in 27 Eliz. 13. about the Oath to be taken by him that is rob. And it seems, in all cases regalarly where a thing is directed to be done before a Justice of Peace in case of Conviction of an offender. That by this there is implicitly given to the Justice a power to do that thing. See Ca 2. Just. 689.  
Quest. 27. Where a Statute, etc. is thus penned. That after an offender is convicted before a Justice of Peace, the power is given to some others to levy the penalty, and the Justice of Peace hath no power given to him therein. As it is in 43 Eliz. 2. of Poor, and 3 of Soldiers and Mariner's, 
Poor. Soldiers and Mariners.  and 1 jac. 9 of Ale-house-keepers. Whether in this case the Justice of Peace may safely send any Warrant to do it?  
Answ. In this case, we conceive it not safe for the Justice of Peace to give any Warrant in it. And that he hath no more to do, but to give notice of the Conviction only to the person that is to do the E●●cution, and mind him of his duty therein. And yet some also are of another opinion in this point.  
Quest. 28. Where the words of a Statute, etc. are; That the Justice of the Peace shall cause an ossender to be imprisoned, or the like thing to be done. As it is in 14 August 1649. of Excise. 24 H. 8. 10. of Ctows. What the Justice of Peace may do herein.  
Answ. We conceive that by this word [Cause] is given a command and Authority also to do the thing. And that the Justice may thereupon send his Warrant to the officer, o● some other that will undertake it, to authorise him to do it.  
Quest. 29. Where a Statute, etc. besides a general power of Oyer and Terminer, of an offence, doth give to the Justices a special power, to give such Correction to the offender as they shall think meet. As it is in 5 Eliz. 4. about Masters, and Servants. What the 
Masters & Servants.  the Justices may do upon this?  
Answ. We cannot conceive what power is given hereby, except it be that two Justices of the Peace may out of Sessions, where they see cause, bind the Master to the good behaviour, and send the Servant to Bridewell; which is not but with good advice to be done.  
Quest. 30. Where a Statute, etc. besides a general power of Oyer, and Terminer, of an offence given to the Justices, doth add this Clanse. That they may d●v●de themselves, and by all means according to their discretion, make enquiry upon the Statute, and the execution thereo●, and punish the defaults. As it is in 5 Eliz. 4 of Masters and Servants. What the Justices 
Masters & Servants.  may do by these Additional words?  
Answ. We conceive nothing at all, except it be to keep a special Sessions, which (upon the matter) is all one with the general Sessions, for the Conviction and punishment of the offender.  
Quest. 31. Where the Statute, etc. as to the Conviction of an offender, is penned thus; That every person offending therein, and confessing the same, or being thereof Convicted by Verdict, upon Indictment or Presentment. As it is in Act 10 May. 1650, of Fornication. 
Fornication.  How this Confession shall be taken?  
Answ. By this Confession in this Act, we do conceive is clearly intended a Confession upon an Indictment, or Presentment only. And not a Confession also before any Justice, o● Justices of the Peace in, or out of a Sessions, without an Indictment, or Presentment.  
Quest. 32. Where a Statute, etc. is thus penned; That they that shall so offend, shall sorselt such further pains and penalties, as by the Justices of the Peace, or the more part of them, shall be thought sit, not exceeding 40 s. a piece for every offence. As it is in 7 jac. 4. of Bridewell, without any further addition of Words, of power to convict, or punish. How this shall be taken? And what the Justices may do upon it?  
Answ. This Statute is herein very doubtful; and yet haply, some use thereof in order to the punishment of the offender, may be made by the Justices of the Peace.  
Quest. 33. Where a Statute, etc. giveth to a Justice of Peace, power in case of an oftence, to examine the matter. And it he suspect the party, to bind him and the Witnesses over to the Sessions, or if he refuse to be bound, to send him to the Goal, as in 39 Eliz. 11. of Log-wood, and 23 Eliz. 10. of Highways. 
Logwood. Highways.  How this shall be taken; and what the Justice of Peace may do upon it?  
Answ. We conceive in this case, he may safely pursue the words of the Statute. See for this 33 H. 8. 6. and Coo. 5. 72.  
Quest. 34 Whether the Clause in the now Law, touching the Lord's Day, 
Lordsday.  17 Septemb. 1656. that forbids any man to be questioned for any offence within that Law, do not (as to this) reach to all the former Laws for so many of the offences therein mentioned, that are again named by this Act?  
Answ. We conceive that it doth so; For the words are these, That no person shall be impeached or molested for any oftence within this Act, unless he be thereof convicted, within one Month after the offence committed.  
Quest. 35. That where in part of 
Wines.  the Statute of 7 Ed. 6 5. of Wines. It is said, That men may sell Wine by Retail in a Market-Town, by Licence of the Justices of the Peace. And in another part thereof it is said. That no person shall by retail sell any Wine in his house, to be drunk or spent in his own house, or other place in his occupation, etc. How these words shall be understood?  
Answ. We take the meaning hereof to be, That none may sell Wine by Retail in his own house, by the Licence of the Justices of the Peace. Nor at all may he sell, or utter to others of other houses, in such a Town, but he must be first Licenced by the Justices of the Peace.  
Quest. 36. Where the Act of 17 Septemb. 1656. of the Lords Day, doth give power to the Justices of the Peace, to make a Warrant under their hands and Seals, to Constables, Church Wardens, and Overseers of the Poor, to search for, discover, secure, apprehend, and bring before some Justice of the Peace, all such as they shall find profaning the Day, or shall know, or be informed 
Lordsday.  to have profaned the day in any of the particulars in the Act mentioned. Or shall have just cause to suspect for the same. How this Warrant may be 
Warrant.  made?  
Answ. We do conceive in this Case. That the Justice of Peace may make such a Warrant, and strictly pursue the words of the Statute, and justify the same. And yet we conceive an unhappy use may he made thereof by the Officer. And the rather for that the Officer may forth with carry the supposed offender to the Justice, unless he will pay the penalty of the Statute. And if so, then must he be punished before he is convicted. Therefore it is good to be well advised in it.  
Quest. 37. Where a power is by an Act, etc. given to the Justices of Peace (and it is not said in any Sessions) to examine a matter, and so to make an order in it. As it is in 18 Eliz. 3. about provision for a Bastard child. And 
Bastard. Oath.  it is not said it shall be by Oath. Whether this Examination may be by Oath?  
Answ. The common practice is so to do, And we conceive in this case, it may be done with, or without an Oath, and the order will be well grounded by the one, or by the other way. But it is good to be well advised herein.  
Quest. 38. Where the Justice of Peace hath power to convict an offender out of the Sessions, upon View, Confession, or Oath of Witness, and he doth so, and the offender be to go to Goal, upon this Conviction. Whether in this Case it be needful for the Justice to make a Record of this in Writing?  
Answ. We conceive it is the safest way for the Justice of Peace so to do. And yet perhaps it may not be necessary, but in cases where the Laws do especially enjoin it. As in the Acts of Swearing, a Riot, and some Others.  
Quest. 39 Whether it be of necessity, in case where an oftender is to be convicted by Oath of Witnesses, that he be present, and to hear his Defence?  
Answ. We conceive it the safest and best way so to do.  
Quest. 40. Whether a Justice of Peace may bind to the Goodbehaviour 
Bastard. Goodbehaviour.  the Putative Father of a Bastard-Child, to th' end he may be forthcoming, when he shall be brought in question by the Parish to secure it?  
Answ. We conceive, Yea. But it must be by the ordinary way of binding to the Good Behaviour for Incontinency, and cannot be otherwise. And yet somewhat may be said against this.  
Quest. 41. What power the Justices of the Peace have in or out of the 
Constable's  Sessions of the Peace to make, or to remove High Constables of Hundreds, or Constables of Parishes?  
Answ. Custom seemeth now to Warrant this course. And there is a necessity of it, where Lects are gone, or not duly kept, or where insufficient men are chosen therein. And how this may be otherwise supplied, except it may be in the Sheriffs Turn, we understand not. And yet we conceive, that where the Leets do continue, and they do continue to elect, the Justices of the Peace are not to meddle with it at all, But what they do in the making, or removal of these Offices, it is safe for them to do it in the Quarter-Sessions?  
Quest. 42. Whether the Swearer be not to pay for many Oaths sworn 
Swearing.  at one time, so many times the penalty of the Statute as he sweareth Oaths?  
Answ. We conceive not. And yet perhaps if the Oaths be sworn in the hearing of a Justice of Peace, 
Hunting.  ●here he must pay for every Oath the penalty of the Statute. Otherwise he is first to be convicted of his Oath once sworn before he pay the increase of the penalty.  
Quest. 43. Whether hunting in 2 Coniger that is not a Free Warren, be within the Statute of 3 H. 7. 7.  
Answ. We conceive, Not. For the Statute speaketh only of Hunting in a Park, Forrest, or Warren.    
FINIS.   

The Table.  

A.  
ABjuration. See Recusants.  
Account. See Officers, Highways, Churchwardens. Poor.  
Agnus D●i. See Recusants.  
Alehouse and Ale-house-keepers. See Innkeepers.  
Amercements. See Bailiffs.  
Apprentice. See Master and Servant.  
Archery. See Sports.  
Armed men and Armed, Chap. 3. Sect 1.  
Arrest. See Imprisonment.  
Artisicers and Arts. See Trades.  
Assessment. See Rates.  
Assize of Bread and Beer. See Brewer, Baker.   

B.  
BAdger, Drover, Lader, Kidder, Carrier, or Transportr, of Corn or . Chap. 4. Numb. 1.  
Bailiff. See Sheriff. and in Chap. 4. Numb. 3.  
Bail or Bailement. Chap. 3. Sect. 2. 16. Numb. 9  
Hakers'. Chap. 4. Numb. 2.  
Bargain and Sale. Chap. 3. Sect. 3.  
Bark. Chap. 4. Numb. 4.  
Barrators. See Behaviour.  
Bastardy, see Incontinency.  
Bawd. See Incontinency.  
Beer. See Alehouse.  
Beggar. See Rogue.  
Behaviour, and Surety of the Good Behaviour, Chap. 3. Sect. 4. 6. 8. 9 27. 41. 42. Numb. 4. Sect. 53. 46. Chap. 7. Sect. 6. Numb. 40.  
Bind over. Chap. 3. Sect. 5. 7. 8. 9 10. 16. Numb. 1. 7. 25.  
Blasphemy. Chap. 3. Numb. 6. Chap. 4. Numb. 5. Chap. 7. Sect. 2. 3. 4. 5. Sect. 6. Numb. 24.  
Books Popish. See Recusant.  
Bowes. See Sports.  
Brewer. Chap. 4. Numb. 2.  
Bridewell. See Correction-house.  
Bridewell-Master. See Officers.  
Bridges. See Highways.  
Butchers. Chap. 4. Numb. 6.  
Butter and Cheese. Chap. 4. Numb. 7, 62.  
Butts. See Plays.   

C.  
Calf's. Chap. 4. Numb. 6.  
Captains and Soldiers. Chap. 3. Sect. 1. Ch. 4. Numb. 8.  
Cards. See Plays.  
Carders. See Cloth.  
Carrier. See Lordsday, Drover.  
Cattle. Chap. 4. Sect. 9  
Cerciorari. See Habeas Corpus.  
Certificate. See Testimonial; and in Chap. 3. Sect. 2, 16. Numb. 8. Sect. 19, 22.  
Challenges and Duels. Chap. 3. Sect. 7. Chap. 4. Numb. 10.  
Chancel. See Church.  
Cheators and Cheating. Chap. 3. Sect. 8. See Behaviour. Chap. 7. Sect. 3.  
Cheese. See Butter.  
Chepstow-Bridge. See Highways.  
Church. Chap. 3. Sect. 9 Chap. 4. Numn. 12.  
Churchwardens. Numb. 3. in Chap. 3. Sect. 9  
Churchyard, Numb. 2. in Chap. 3. Sect. 9  
Chancel. Chap. 3. Sect. 9 Numb. 2. Isle, the same.  
Clerk of the Parish in Chap. 3. Sect. 9 Numb. 7. Chap. 4. Numb. 45.  
Churchwardens. See Church.  
Clerk of the Parish or Sexton. See Church.  
Clerk of the Peace. See Officers.  
Clerk of the Market. See Weights and Measures, and Officers.  
Cloth and Clothiers. Chap. 3. Sect. 10, 33. ch. 4. Numb. 13. chap. 5. Chap. 7. Sect. 4. Numb. 8. Sect. 5. Numb. 1. Chap. 7. Sect. 6. Numb. 12, 19, 20, 24, 33.  
Cockmatches. See Plays.  
Collectors of the Gaol-money. See Officers.  
Commitment. See Imprisonment.  
Confession. See Conviction.  
Conservators of Rivers. See Officers.  
Conspiracy, Chap. 3. Numb. 6. Chap. 4. Numb. 6. 14.  
Constable. Chap. 3. Sect. 11. Chap. 7. Sect. 6. Numb. 41.  
Conviction or Hearing. Chap. 7.  
Confession. Chap. 7. 

Examination. Chap. 3. Sect. 16, 19 Chap. 7. Sect. 6. Numb. 14, 15, 16.  
Trial. Chap. 7.  
View. Chap. 7.  
Witnesses, Chap. 7.  
Traverse, Chap. 7.    
Cordwainers, Carriers, Tanners, Leather, etc. Chap. 4. Numb. 11. Chap. 7. Sect. 3.  
Corn. See Transportation; and Chap. 4. Numb. 16.  
Coroners. See Officers.  
Corpus cum Cause. See Habeas Corpus.  
Correction-House, or Bridewell. Chap. 3. Sect. 6. 12. 27. 28. 30. Numb. 8. 9 Sect. 33. Numb. 8 9 Sect. 48. Numb. 6. Sect. 58. Chap. 4. Numb. 16. Chap. 7. Sect. 6. Numb. 19 20. 32.  
Cottages, and Inmates. Chap. 4. Numb. 17.  
Counterfeiters of false Tokens and Letters, Chap. 3. Sect. 8. Chap. 4. Numb. 18.  
County-Court, See Sheriff.  
Crossbows. See Guns.  
Crosses. See Superstitious Relics and Recusants.  
Crows. Chap. 3. Sect. 16. chap. 4. Numb. 19 Chap. 7. Sect. 6. Numb. 20. 28.  
Currier. See Cordwainer.  
Cursing. See Swearing.   

D.  
Dear. See Hunting.  
Directory. Chap. 4. Numb. 20. Sect. 6. Numb. 2.  
Dogs. See Hunting.  
Drapery. See Cloth.  
Drovers. See badger's.  
Drunkards. See Inns, etc.  
Duels. See Challenge.  
Dyers. See Cloth.   

E.  
EGyptian. See Rogue.  
Error, and Writ of Error. See Habeat Corpus.  
Estreates. See Sheriffs.  
Examination. See Conviction.  
Excise. Chap. 3. Sect. 14. Chap. 7. Sect. 6. Numb. 21, 24, 25, 28.  
Exportation. See Transportation.  
Eavesdroppers. See Behaviour.   

F.  
FAirs and Markets. See Lordsday.  
Owners and Rulers of Fairs. See Officers.  
Fasting-days, and Feasting-dayes, and Fish-days, Chap. 3. Sect. 15. Chap. 4. Numb. 21.  
False Tokens. See Cheators.  
Felony and Felon. Chap. 3. Sect. 2. 4. 16. Chap. 6.  
Feasts or Feastival-dayes. See Fasting-days.  
Fiddlers. See Rogues.  
Fishers and Fish. Chap. 3. Sect. 17. Chap. 4. Numb. 22. Chap. 7. 

Cutting off the head of Ponds. Chap. 4. Numb. 22.    
Fish-days. See Fasting-days.  
Flocks, See Cloth and Clothiers.  
Forcible Entry. Chap. 3. Sect. 18. Chap. 7.  
Forgery. Chap. 4. Numb. 23.  
Forestallers, Regrators, Engrossers. Chap. 3. Sect. 3. 28. Chap. 4. Numb. 24.  
Fowl. See Hunting.  
Fraud and Deceit. See Cheating.  
Freequarter. Chap. 3. Sect. 19  
Fuller's Earth. See Transportation.   

G.  
GAoler and Goal, or Prison, Chap. 3. Sect. 20. See Officers.  
Games. See Plays.  
Goldsmith, Gold, Silver, and Gild, Chap. 4. Numb. 25. Chap. 7.  
Good Behaviour. See Behaviour.  
Guns and Crossbows. Chap. 3. Sect. 1, 25. Chap. 4. Numb. 26. Chap. 7.   

H.  
HAbeas Corpus. Chap. 3. Sect. 21. 

Remove a Record.  
Cerciorari.  
Supersedeas.  
Writ of Error.    
Hay and Oats. See Inne-holder.  
Hawking and Hawks. See Hunting.  
Hearing. See Conviction.  
Hedge-breakers. See Trespasses.  
Heresies See Blasphemy.  
Hide● See Butchers and Cordwainers.  
Highways and Bridges, Chap. 3. Sect. 22. Ch. 4.  
Numb. 27. Chap. 7. Sect. 1. Numb. 2. 10.  
Sect. 5. Numbi● Chap. 7. Sect. 6. Numb. 10, 33.  
Holidays. See fast-days.  
Honour ● See. Title of Honour.  
Horses. Chap. 3. Sect. 23. Chap. 4. Numb. 28. Chap. 7. Sect. 6. Numb. 14.  
Hospital. See Poor.  
Ostlers. See Inne-holders'.  
Horsebread. See Inne-holder.  
Hue-and Cry. Chap. 3. Sect. 16, 24. Chap. 4. Numb. 29.  
Hunters, Hawkers, Fowlers, etc. Chap. 3. Sect. 25. Chap. 4. Numb. 30. Chap. 5. Chip. 7. Sect. 6. Numb. 14, 15, 17, 24, 43.  
Humiliation-dayes. See fast-days.   

I.  
JEsuits. See Recusants.  
Idle-livers. See Rogues.  
Imprisonments, Arrest or Commitment, Chap, 3. Sect. 26.  
Incontinency. Chap. 3. Sect. 27. Ch. 4. Numb. 32. Chap. 7. 

Adultery, Chap. 4. Numb. 32.  
Incest. Chap. 4. Numb. 32.  
Fornication, Chap. 3. Sect. 27. Numb. 6. Chap. 4. Numb. 32.  
Bastardy, Chap. 3. Sect. 27. Numb. 1. 4. Ch. 4. Numb. 32. Ch. 7. Sect. 6. Numb. 37, 40.  
Bawd and Bawdry, Chap. 3. Sect. 27. Numb. 1. Chap. 4. Numb. 32.    
Informers, Chap. 4. Numb. 33. Innkeepers or Inn-holders', and Inns, Chap. 3. Sect. 28. Chap. 4. Numb. 34. 

Vintners or Taverns, Chap. 4. Numb. 63.  
Ale-house-keepers and Alehouses. Ch. 3. Sect. 28. Chap. 7. Sect. 6. Numb. 19  
Victuallers and Victuals, Chap, 3. Sect. 28.  
Hay and Oats, and horsebread, Brewer's Beer, etc. Chap. 3. Sect. 28.  
Ostlers and horsebread. For all this, see chap. 3. Sect. 28. Chap. 4. Numb. 34, Chap. 7. Sect. 1. Numb. 7. Sect. 4. Numb. 7, 8, 10. Sect. 5. Numb. 1, 2, 4. Chap. 7. Sect. 6. Numb. 19, 24, 25.    
Inmate. See Cottage.  
Inordinate person. See Rogue.  
Journeyman. See Servant.  
Isle of a Church. See Church.  
Jury. Chap. 4. Numb. 35.  
Justices of the Peace. Of their power in general, Chap. 2. and Chap. 6. 

Of their power out of Sessions. Chap. 3.  
Of their power in the Sessions. Chap. 4. Chap. 7. Sect. 6.  
Of their power in or out of the Sessions. Chap. 5. and Chap. 6. Chap. 7. Sect. 6.  
Cautions to them. Chap. 3. Sect. 1, 2, 4, 5, 6, 9, 11, 14, 16, 18, 22, 26, 28, 31, 33, 34, 39, 40, 42, 48, 53, 55, 59, 61. Chap. 7. Sect. 6. Numb. 19     

K.  
Kine. See .   

L.  
LAbourers. See. Masters and Trades. And Chap. 3. Sect. 30. Numb. 1. Chap. 7. Sect. 2. Chap. 7. Sect. 6. Numb. 13.  
Lader. See Badger.  
Leather. See Cordwainer.  
Lent. See Fast-d●yes.  
Libelers and Slanderers. Chap. 3. Sect. 29. Chap. 4. Numb. 36.  
Linen Cloth. See Cloth.  
Licence. Chap. 3. Sect. 28. Numb. 1. 2. Sect. 30. Chap. 4. Numb. 37.  
Logwood. See Cloth.  
Loiterer. See Rogue.  
Lordsday. Chap. 3. Sect. 30. Numb. 3. Sect. 31, 34. Chap. 7. Sect. 1. Numb. 2, 3. Sect 4. Numb. 1, 5. Sect. 5. Numb. 1, 2. Chap. 7. Sect. 6. Numb. 19, 24, 26, 34, 36.   

M.  
MAulsters and Malt. Chap. 3. Sect. 32. Chap. 4. Numb. 38. Chap. 7. Sect. 3.  
Mariners. Chap. 3. Sect. 30. Numb. 1. Sect. 42. Numb. 5. Chap. 4. Numb. 39 Chap. 7. Sect. 6. Numb. 19, 27.  
Markets. See Fairs.  
Mass. See Recusant.  
Masters and Servants. Chap. 3. Sect. 33. Chap. 4.  
Numb. 40. Chap. 7. Sect. 6. Numb. 29, 30.  
Labourers. Chap. 3. Sect. 33. Chap. 7. Sect. 2. Apprentices. Chap. 3. Sect. 33.  
Maypoles. See Plays.  
Measures See Assize.  
Miller's. Chap. 4. Numb. 41.  
Ministers. Chap. 3. Sect. 34. Chap. 4. Numb. 42. See Officers.  
Mittimus. Chap. 3. Sect. 16. Numb. 7. Sect. 35.   

N.  
NAme. See Behaviour and Titles Assumed. Night-Walkers. Chap. 3. Sect. 36. See Behaviour.  
Nuisances. Chap. 23. Sect. 28. Numb. 2.   

O.  
OAths. Chap. 3. Sect. 37. Chap. 4. Numb. 43. Chap. 7. Sect. 6. Numb. 37.  
Officers. Chap. 3. Sect. 38. Chap. 4. Numb. 44. Account, Chap. 4. Numb. 46. Chap. 3. Sect. 38. Numb. 10.  
Opinion. See Blasphemy.  
Orchards. See Trespasses.  
Overseers of the Poor. See Poor, and Officers.  
Overseers of Cloth. See Officers.   

P.  
PApist. See Recusant.  
Parks. See Hunting.  
Peace. Chap. 3. Sect. 39 Surety of the Peace.  
Pensions. See Soldiers.  
Perjury, Chap. 4. Numb. 48.  
Pictures. See Superstitious Relics.  
Plays. Chap. 3. Sect. 40. Chap. 4. Numb. 49. 

Chap. 7. Sect. 6. Numb. 26.  
Stageplays. Numb. 40.  
Maypoles. Numb. 5.  
Cock-Matches, Numb. 6.  
Cards, Tables, Dice. Numb. 12.  
Butts, Numb. 4.  
Archery and Bows, Numb. 4.    
Plague, Chap. 3. Sect. 41.  
Poor. Chap. 3. Sect. 30, 38, 42. Chap. 4. Numb. 50 Chap. 7. Sect. 6. Numb. 19, 27. Mariners. Chap. 3. Sect. 38. Hospital. Chap. 3.  
Posse Comitatus. Chap. 3. Sect. 40, 46.  
Preachers. See Ministers.  
Priest-Popish. See Recusant.  
Prison. See Gaol.  
Prophecies, Chap. 4. Numb. 51. Chap. 7.   

Q.  
Quarrellers. Chap. 4. Numb. 10.   

R.  
RAtes or Assessments, Chap. 3. Sect. 41, 43, 47. Chap. 4. Numb. 50, 52. Chap. 5.  
Receivers. See Collectors.  
Recognizances. Chap. 3. Sect. 44. Chap. 4. Numb. 53.  
Regrators. See Forestallers.  
Recusant. Chap. 3. Sect. 45. Chap. 4. Numb. 54.  
Religion. See Service of God.  
Relics. See Superstitious Relics.  
Remove of Prisoners and Causes. See Habeas Corpus.  
Restitution. Chap. 4. Numb. 55.  
Riot, Rout, etc. Chap. 3. Sect. 46. Chap. 4. Numb. 56.  
Robbery. Chap. 3. Sect. 47. Chap. 7. Sect. 6. Numb. 21.  
Rogue. Chap. 3. Sect. 40. Numb. 40. Sect. 41. Sect. 48. Chap. 4. Numb. 57 Chap. 7. Sect. 3. Numb. 9 

Idle-fellow, or Loiterer, Chap. 3. Sect. 48. Numb. 8. Chap. 4. Numb. 31.  
Beggar, Chap. 3. Sect. 48.  
Vageant, Wanderer, or Vagabond. Ch. 3. Sect. 43.  
Fidler. Chap. 3. Sect. 48.  
Egyptian. Chap. 3. Sect. 48.     

S.  
SAbbath. See Lordsday.  
Searcher of Leather. See Officers.  
Search. See Felony.  
Service of God. Chap. 4. Numb. 20, 42, 58.  
Servants. See Masters.  
Sessions. See Justices of Peace.  
Sewers. Chap. 3. Sect. 49.  
Sexton. See Clerk of a Parish.  
Sheriffs. Chap. 3. Sect. 1. Sect. 50. Chap. 7. Sect. 3. Chap. 7. Sect. 6. Numb. 14.  
Sheep. See Cattle.  
Shoemaker. See Cordwainer.  
Shooting. See Guns.  
Silver. See Gold.  
Slanderer. See Libeler.  
Soldiers. Chap. 3. Sect. 1. Chap. 4. Numb. 8. Sect. 42. Numb. 5. Chap. 7. Sect. 5. Chap. 7. Sect. 6. Numb. 19, 25. 

Pensions. Chap. 4. Numb. 47.    
Spinners and Carders. See Cloth.  
Sports. See Plays.  
Statutes expounded. Chap. 7. Sect. 6.  
Stock of the County. See Treasurers.  
Stolen Horses. See Horses.  
Stolen goods. See Restitution.  
Supersedeas. See Habeas Corpus.  
Supplicavit. Chap. 3. Sect. 51.  
Superstitious Relics. Chap. 5. Sect. 52.  
Surety of the Peace and good Behaviour. See Peace and Behaviour.  
Surveyors of the Highways. See Highways.  
Swearing and Cursing. Chap. 3. Sect. 53. Chap. 7.  
Sect. 6. Numb. 18, 25, 26, 42.   

T.  
Tanner's. See Cordwainers.  
Taverner and Taverns, See Innkeepers.  
Taxation. See Rates.  
Tenters for Cloth. See Cloth.  
Testimonial or Certificate. Chap. 3. Sect. 30. Numb. 1. Sect. 54.  
Tile and Tilemakers. Chap. 4 Numb. 59 Chap. 7. Sect. 3.  
Tippling. See Alehouses.  
Tithes. Chap. 3. Sect. 55.  
Titles of Honour assumed. Chap. 3. Sect. 56. Chap. 4. Numb. 60. Ch. 7. Sect. 6. Numb. 21, 25.  
Tokens counterfeit. See Cheators.  
Trades and Arts. Tradesmen, and Artificeas andLabourers, Chap. 4. Numb. 61.  
Transportation of , Corn or Victuals. Ch. 3.  
Sect. 57 Chap. 4. Numb. 62.  
Traverse. See Conviction.  
Treason. Chap. 6.  
Treasurers. See Officers.  
Trespasses, by cutting Corn, robbing Orchards, etc. Chap. 3. Sect. 58.  
Trial. See Conviction.   

V  
VAgabond or Vagrant. See Rogue.  
Victuallers and Victuals. Chap. 4. Numb. 64. Chap. 7.  
View. See Conviction.  
Vintners. See Innkeepers.  
Under-Sheriff. See Sheriff.  
Unlawful Games. See Plays.  
Usury. Chap. 4. Numb. 65.   

W.  
Ways. See High-wales.  
Warrens. See Hunting.  
Warrants. Chap. 3. Sect. 16. Sect. 59 Chap. 7● Sect. 6. Numb. 36.  
Watch and Ward. Chap. 3. Sect. 60.  
Watchmen. See Officers.  
Weavers. See Cloth.  
Weights and Measures. Chap. 3. Sect. 61. Ch. 4. Numb. 67. Chap. 7. Sect. 3.  
Widows and Orphans of Soldiers. See Poor.  
Wine. Chap. 4. Numb. 66. Chap. 7. Sect. 2. Chap. 7. Sect. 6. Numb. 34.  
Wool. See Cloth.  
Wood Chap. 3. Sect., 62.   

Y.  
Yarn. See Cloth.   
FINIS.