CHOICE PRESIDENTS Upon all Acts of Parliament, Relating to the OFFICE and DUTY OF A JUSTICE of PEACE. WITH Necessary Notes and Instructions thereupon taken out of the said Acts of Parliament, and other particular Cases in Law adjudg'd therein. As also A more usefull method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq late one of His Majestie's Justices of the Peace for the County of Kent, and Principal of Staple-Inn.
The second Edition, with many usefull Additions. Made publick by G. F. of Grayes-Inn, Esq
LONDON, Printed by the Assigns of Rich. and Edw. Atkins, Esquires, for Richard Tonson within Grayes-Inn-Gate next Grayes-Inn-Lane. 1681.
THE Publisher's Preface TO THE READER.
THE good Reception this Treatise hath met with in the World, hath put me upon the Revising of several of the Author's Papers that came to my hands since his Death, which, for the publick good, I have with all Faithfulness and Candour (strictly observing his own Method) reduced into order. But withall, I cannot but let the Reader know, that tho' the Title Courts be added to this Collection, which at first sight may seem something Foreign to the rest of the Matter, yet it being collected by the same Author (who was an Attorney as well as a Justice of the Peace,) and his Design alwaies [Page] being to improve the Method of making up Court-Rolls in a more succinct and beneficial manner than others understood, I thought it my Duty to oblige all Persons concerned in that Practice, by incerting that Title in the second Impression of this Book. The other Additions the Reader will find extreamly suitable to the first Intention of the Author, being Precedents which have received their Forms from late Acts of Parliament, and otherwise since the Author's Death to the time of this second Publication. Only I must further add that no small pains hath been taken in this second Edition, to fit the several Authorities quoted in the Margin to the last Impressions of the Statutes at large, and Dalton's Iustice, which I hope will find a favourable Acceptance and Esteem from the Purchaser, which is the utmost desire of
OF ALEHOUSES, &c.
A Licence to keep an Alehouse.
Kent ss. MEmorandum, That we5 & 6 Ed. 6. cap. 25. 2 Iustices, 1 of the Quorum. whose Names are hereunto subscribed, Justices of the Peace within the said County, have Admitted, Licensed, and Allowed A. B. Victualler, to keep a common-Ale-house in the house where he now dwelleth in C. in the County aforesaid; and not elsewhere, for the space of one whole year next ensuing the date hereof and no longer. Which said A. B. hath entred into Recognizance with two Sureties before us in certain summs of money, to the use of our Sovereign Lord the King, under Condition that he shall not, during the time aforesaid, permit, or suffer, or have any playing at Dice, Cards, Tables, Shovel-board, Bowls, Quoits, or any other unlawfull Game or Games, in his House, Yard, Garden, or Backside; nor shall suffer to be or remain in his house any person or persons (not being of his ordinary [Page 2] Family) to drink any Beer, Ale, or Tobacco, on the Lord's day, Humiliation or Thanksgiving-day, during the time of Divine Service or Sermon; nor shall suffer any person to lodge or stay in his house above one day and one night, but such whose true Name and Sirname he shall deliver to some one of the Constables, or (in his absence) to some one of the Officers of the same Parish, the next day following, or such as he will answer for; nor shall refuse to lodge any person that shall be brought to him by the Constable or Officer; nor suffer any person to remain in his house tippling or drinking, contrary to the Law; nor shall willingly admit or receive into his House, Barns, Stables, or otherwhere, any Players of Interludes, Rogues, Vagabonds, sturdy Beggars, Masterless men, or any person notoriously defamed for Theft, Incontinency, Drunkenness, or any other notorious Crime; nor shall buy or take to pawn any stoln Goods, or other, of any Wayfaring man, or other that shall bring the same to sell, but of such as he shall be able always to produce, and have forth-coming: And also shall sell his Beer and Ale by sealed Measure, according to the Assise, and not otherwise: And lastly, shall in all things behave himself according to the Laws and Statutes of this Kingdom in that case provided. In witness whereof we have hereunto set our hands and seals, the 6. day of S. in the 31. year of the Reign of our Sovereign Lord Charles the Second, of England, &c. Annoque Domini 1679.
Or thus:
We whose Names are hereunto written; His Majestie's Justices of the Peace of the said County, [Page 3] do (according to the form of the Statute in that case made and provided) License, Admit and Allow A. B. Victualler, to keep a common Alehouse or Tipplinghouse in the house wherein he now dwelleth in C. aforesaid. Provided always, that the said A. B. do not suffer any unlawfull Games to be used in his said House, but do use and maintain good Order and Rule within the same. Provided also, that this our Licence shall not continue in force above the space of one year now next ensuing at the most. G [...] ven under our hands and seals at, &c.
A License to Brew, and keep an Alehouse.
K. ss. WHereas A. B. of C. in the said County of K. &c. hath come before us I. Doe and Ric. Roe, two of His Majestie's Justices of the Peace within the said County, and bound himself in a Recognizance with sufficient Sureties to Brew, to Sell, and to keep a common Alehouse, according to the Statu [...]e of Brewers made in the fifth year of the Reign of our late Sovereign Lord King Edward the Sixth: Now know ye us, the said Iohn Doe and Rich. Roe, to have Licensed the said A. B. to Brew, Sell, and keep a common Alehouse, according to the said Statute. Given under our hands the 10. of September, in the, &c.
A Recognizance thereupon.
Kanc. ss. MEmorandum, Quod primo die5 & 6. E. 6. cap. 25. Two Justices, one of the Quorum. Octobris, Anno Regni Domini Caroli Secundi, Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensoris, &c. vicesimo [...]ono apud C. in Com' praedict' A. B. de, &c. D. E. de, &c. [Page 4] & F. G. de, &c. personaliter venerunt coramObserve to bind the Principal in 20 li. and each of the Sureties in 10 li. nobis H. J. & K. L. Iustic' dicti Domini Regis ad pacem in Com' praedicto conservand' assignat', & recognoverunt se debere dicto Domino Regi modo & forma sequen', viz. praedict' A. B. viginti libras legalis monetae Angliae, & uterque praedictorum D. E. & F. G. decem libras consimilis monetae, separalit' levand' de separalibus bonis & catallis, terris & tenementis suis, ad opus & usum dicti Domini Regis, haered' & successorum suorum, si defalt' fieret in performatione Conditionis sequen'.
The Condition of this Recognizance is such, That whereas the within bounden A. B. is by the Justices within named licensed, admitted and allowed to keep a common Alehouse in the house wherein he now dwelleth in C. within written: If therefore the said A. B. shall not (during the continuance in force of the said Licence) suffer any unlawfull Games to be used in his said house, but does use and maintain good Order and Rule within the same, That then this Recognizance to be void, or else it shall stand in full force.
Another Recognizance for an Alehouse-keeper.
Kanc. ss. MEmorandum, Quod die & Anno supradictis J. R. de G. in Com' [Page 5] praedict' victualler recog' se debere dicto Domino Regi—&c. T. N. de eadem in Com' praedict' victualler & G. B. de eadem in Com' praedict' Yeoman, & uterque eorum recog' se debere Domino Regni 5. li. si praedict' Johannes Desalt' fecerit in performatione Conditionis indorsat; Capt' & Recog' coram nobis E. F.
The Condition.
The Condition of this Obligation is such, That whereas I. R. of G. in the within named County, is by the Justice within named Licensed and allowed to keep a Common Alehouse or Victualling-house in [...]. aforesaid for the space of one whole year next ensuing the Date hereof, If therefore the said I. R. shall and do observe and perform all the Restitutions and Clauses mentioned in his said Licence, That then this Recognizance to be void, or else to stand in full force and vertue.
Against an Inn-keeper, Alehousekeeper, &c. suffering to Tipple▪ Inn-keeper, Victualler, or Alehousekeeper. 1 Iac. c. 9. 21 Iac. c. 7. View. Confession. 1 Witness that can or will justifie.
Kent. ss. FOrasmuch as it hath been duly proved before me this present day, That A. B. of C. aforesaid, Victualler, did upon the first day of A. suffer D. E. of, &c. to remain and continue drinking and tippling in the house of the said A. B. in C. aforesaid, contrary to the form of the Statute in that case [Page 6] made and provided: These are therefor [...] (in1 Car. c. 4. Vintners within the Statute. And I conceive by 1 Car. c. 4. it must be 2 Witnesses for suffering a stranger to tipple. The Alehousekeeper is disabled for 3 years. 7 Iac. c. 10. 21 Iac. c. 7. His Majestie's name) to command you, that you the said Constable and Church-wardens do levy for the offence aforesaid ten shillings, (to the use of the Poor of the said Parish) by way of Distress of the goods and chattels of the said D. E. to be taken and detained for the same. And for default of satisfaction within six days, that then you do presently appraise and sell the same, and deliver the Surplusage or Remainder over and above the said ten shillings unto the said D. E. And for want of sufficient Distress, that you certifie the same unto me within twenty days next ensuing, (to the end that I may farther proceed therein as to Justice doth appertain.) Here of fail not at your perils. Given under my hand and seal at, &c.
A Warrant to levy Money for Tippling.
K. ss. FOr [...]smuch as it hath been this present1 Iac. c. 9. 4 Iac. c. 5. 21 Iac. c. 7. 1 Iustice. View. Confession. 1 Witness. Within six months. In Inn, Victualling-house, or Alehouse. day duly proved before me, That A. B. of the Parish of C. aforesaid, did upon the first day of A. last past remain and continue drinking and tippling in the house of C. D. in C. aforesaid, (contrary to the form of the Statute in that case made and provided:) These ar [...] therefore (in His Majestie's name) to command you, that you the said Constable or Church-wardens do require the said A. B. to pay for the said Offence (to the hands of you [Page 7] the Church-wardens, to be by you accompted for to the use of the Poor of the same Parish) the summe of three shillings four pence of currant money of England, within one week now next ensuing. And if the said A. B. shall refuse or neglect to pay the same as aforesaid, that then you the said Constable or Church-wardens do levy (to the use aforesaid) the said three shillings four pence of the goods of the said A. B. (by Distress and Sale of the same, rendring unto him the overplus of the money remaining of the said Sale.) And if the said A. B. be not able to pay the said three shillings four pence, that then you the said Constable do set him in the Stocks by the space of four hours. H [...]eof fail not at your perils. Given under my hand and seal at, &c.
A Mittimus (for an Alehouse-keeper suffering to Tipple) for want of Distress.
Kent ss. WHereas upon the first day of1 Iac. c. 9. 1 Iustice. 2 Witnesses forfeit 10 s. to the use of the poor. A. last past it was duly proved before me, That W. L. of the Parish of C. in the County aforesaid, Alehouse-keeper, did upon the tenth day of, &c. suffer I. G. to remain drinking and tippling in the house of the said W. L. in C. aforesaid, (contrary to the form [Page 8] of the Statute in that case made and provided;) And whereas, by Warrant under my hand and seal, I did upon the said first day of August command, that you the said Constable or the Church▪wardens of the said Parish should levy (for the offence aforesaid) ten shillings to the use of the Poor of the said Parish, by way of Distress of the goods and chattels of the aforesaid W. L. to be taken and detained for the same, and for want of sufficient Distress, you the said Constable or the Church-wardens aforesaid should certifie the same unto me within twenty days then next ensuing, (to the end that I might farther doe therein as to Justice doth appertain;) And forasmuch as the said Constable and Church-wardens have this present day certified unto me, that the said W. L. hath no sufficient Distress to be taken for the said ten shillings, and that the same is not yet satisfied: The [...]e▪ are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do take the said W. L. and him safely convey to the Gaol aforesaid, and there deliver him to the aforesaid Keeper of the same, together with this Precept. Commanding also you, the said Keeper, to receive the said W. L. into the said Gaol, and him there safely to keep, untill the said ten shillings be truly paid to the use aforesaid. Hereof fail not at your peril. Given under my hand and seal at, &c.
A Mittimus for an Unlicensed Alehouse-keeper.
K. ss. FOrasmuch as A. B. of C. &c. hath5 & 6 Ed. 6. cap. 25. 2 Iustices one of the Quorum. been this present day convicted before us of (obstinately and of his own authority) keeping a common Alehouse at C. in the County aforesaid, contrary to our commandment: These are therefore (in his Majestie's name) to command you, the said Constable and Borsholders, that you, some or one of you, do take him the said A. B. and him safely convey to the Gaol aforesaid, and there deliver him to the said Keeper of the same, together with this Precept. Commanding also you, the said Keeper, to receive the said A. B. into the said Gaol, and him there safely to keep, without Bail or Mainprise, by the space of three days, and untill he shall enter into Recognizance withPay 20 s. 2 Witnesses. This Conviction is to be certified to the next Sessions. two Sureties, (according to the form of the Statute in that case provided) that he shall not keep any common Alehouse or Tipplinghouse, or use commonly selling of Ale or Beer, besides the penalty of 20 s. Hereof fail not at your perils. Given under our hands and seals at, &c.
The like upon the Statute 3 Car. the first Conviction.
K. ss. FOrasmuch as A. B. of C. aforesaid3 Car. c. 3. 1 Iustice. View. Confession. 2 Witnesses that can or will. To keep a common Alehouse or Tipplinghouse. To use commonly selling of Ale, Beer, Cyder, or Perry. hath this present day been (according to the form of the Statute in that case made and provided) convicted before me of taking upon him, upon his own authority, (not being thereunto lawfully Licensed) to keep a common Alehouse in the Parish aforesaid; by reason whereof he hath forfeited and lost the summe of twenty shillings of currant money of England, to the use of the Poor of the said Parish: These are the [...]fore (in his Majestie's name) to command you, that you the said Constable or Church-wardens do levy (by way of Distress of the goods and chattels of the said A. B. to be by you taken and detained) the said twenty shillings, (to the use aforesaid.) And for default of satisfaction of the said twenty shillings within three days after such Distress taken, you do appraise and sell the said Distress, and deliver the overplus thereof to the said A. B. And if he shall not have sufficient goods and chattels whereby the said twenty shillings may be levied by way of Distress, as aforesaid, and shall not pay the said summe of twenty shillings within six days next ensuing, that then you the said Constable and Borsholders, or some or one of you, do openly whip him for the offence aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
The like, for the second Conviction.
K. ss. FOrasmuch as A. B. of the Parish of3 Car. c. 3. 1 Iustice. View. Confession. 2 Witnesses that can or will. To keep a common Alehouse or Tipplinghouse. To use commonly selling of Ale, Beer, Cyder, or Perry. C. &c. hath this present day been (according to the form of the Statute in that case made and provided) convicted before me of taking upon him of his own authority (not being thereunto lawfully Licensed) to keep a common Alehouse in the Parish aforesaid; [...]d forasmuch also as the said A. B. hath been once before in like manner convicted of the like offence: These are therefore (in his Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do take the said▪ A. B. and him safely convey to the aforesaid House of Correction, and there deliver him to the Keeper of the same, together with this Precept. Commanding also you, the said Keeper, to receive him into the said House, and him there safely to keep for the space of one month, and to deal with him as an Idle, Lewd and Disorderly person. Hereof, &c.
The like, for the third Conviction.
K. ss. FOrasmuch as A. B. of the Parish of3 Car. c. 3. 1 Iustice. View. Confession. 2 Witnesses that can or will. To keep a common Alehouse or Tipplinghouse. To use commonly selling of Ale, Beer, Cyder, or Perry. C. &c. hath this present day been (according to the form of the Statute in that case made and provided) convicted before me of taking upon him, of his own authority, (not being thereunto lawfully Licensed) to keep a common Alehouse in the Parish aforesaid; And forasmuch as the said A. B. hath been twice before in like manner convicted of the like offence; [...]ese are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do take the said A. B. and him safely convey to the aforesaid House of Correction, and there deliver him to the said Keeper of the same, together with this Precept. Commanding also you, the said Keeper, to receive him into the said House, and him there safely to keep, untill by good order of the Justices in their general Sessions for the County he shall be delivered from thence. And that you do in the mean time deal with him as an Idle, Lewd and Disorderly person. Hereof fail not, &c.
A Warrant for Witnesses against an Unlicensed Alehouse-keeper.
K. ss. FOrasmuch as complaint hath been3 Car. c. 3. 1 Iustice. made unto me, That A. B. of the Parish of C. &c. doth take upon him of his own authority (not being thereunto lawfully Licensed) to keep a common Alehouse in theKeep a common Alehouse or Tipplinghouse. To use commonly selling of Beer, Ale, Perry, or Cyder. Parish aforesaid; And forasmuch as I am credibly informed, that the several persons here undernamed can (if they will) testifie that the said A. B. doth so doe: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do give notice unto the said several persons, that they and every of them are by me required to come before me at C. upon Monday the first day of, &c. at eight of the clock in the Forenoon of the same day, then and there to testifie their several knowledges touching the premisses. Whereof they nor any of them are to fail at their perils. And what you shall doe herein, you shall make known unto me at the time and place aforesaid. And have you there then this Precept. Given under my hand and seal at, &c.
For Suppression of an Alehouse for Disorder.
Kent ss. FOrasmuch as we are credibly informed,Dalt. 34. 2 Iustices, 1 Quorum. That A. B. of C. &c. doth suffer evil Rule and Disorder to be kept in his house in C. aforesaid, (contrary to the Laws and Statutes of this Realm) for whichImprisonment, Fine, and Bond for the good Behaviour. we have thought fit to Suppress him from any longer keeping any Alehouse or Tippling-house, or using commonly selling of Ale, Beer, Perry, or Cyder: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do forthwith repair to the said A. B. and charge him to surcease from keeping any longer any Alehouse or Tipplinghouse, and from common selling of Ale, Beer, Perry, or Cyder, at his peril. And that what you shall doe in the premisses, you, some or one of you, (so giving notice) do make known unto us, some or one of us, with all convenient speed. Hereof fail not at your perils. Given under our hands and seals at [...]. in the said County, the, &c.
For renewing Licenses of Alehousekeepers.
Kent ss. THese are (in his Majestie's name) to command you, to warn all [Page 15] the licensed Alehouse-keepers, Victuallers, and such others within the said Hundred, as do use commonly selling of Ale, Beer, Perry, or Cyder, personally to appear before us at the house of I. G. &c. upon Friday the ninth day of O. at ten of the clock in the [...]renoon of the same day; and to bring with them then and thither, as well their former Licences, as also a Certificate of the civil Demeanours and Fitness of themselves for that purpose to be new licensed; and of the conveniency of Situation and Accommodation of their said respective houses for that purpose. The same Certificate to be signed with the hands at least of two substantial, honest, discreet, and civil Inhabitants of the respective Parishes where they do so now dwell. And have you there the names of such persons as you shall have so warned, together with the names of the several Parishes and places of the said Parishes where their said houses are situate, and by what Signs the same are known; to the end that such of them may be continued, and such of them suppressed, as shall be thought fit. And have you there also this precept. Given under our hands and seals at, &c.
Against an Alehouse-keeper for selling less than Measure.
Kent ss. FOrasmuch as it hath been duly1 Iac. c. c. 9. 1 Iustice. 1 Witness. View, or Confession by 21 Iac. c. 7. Inn-keeper, Alehousekeeper, or Victualler. Disabled for 3 years. 21 Iac. c. 7. proved before me, That A. B. of the aforesaid Parish of C. did lately utter and fell in his house in C. aforesaid less than one full Ale-quart of the best Beer for a penny, (against [Page 16] the form of the Statute in that case made and provided) by reason whereof the said A. B. hath forfeited for his said offence twenty shillings to the use of the Poor of the said Parish of C. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do levy to the use aforesaid the said twenty shillings by way of Distress of the goods and chattels of the said A. B. to be by you, some or one of you, taken and detained for the same; And for default of satisfaction within six days next ensuing, that then you presently appraise and sell the said Distress, and deliver the surplusage or remainder over and above to the said A. B. And for want of sufficient Distress, that then you, some or one of you, do within twenty days next ensuing certifie unto me the default of such Distress, to the end that I may farther doe therein as to Justice doth appertain. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Mittimus for selling less than Measure for want of Distress.
Kent ss. WHereas it hath been duly1 Iustice. 1 Iac. c. 9. proved before me, That A. B. of the Parish of C. in the said County did lately utter and sell in his house in C. aforesaid less than one full Ale-quart of the best Beer for a penny (against the form of the Statute in that case made and provided;) And whereas I did thereupon, by Warrant under my hand [Page 17] and seal, command you the said Constable and Borsholders and the Church-wardens of the Parish of C. aforesaid, that you, they, or some or one of you or them, should levy (to the use of the Poor of the said Parish) twenty shillings, for the offence aforesaid, by way of Distress of the goods and chattels of the said A. B. to be taken and detained for the same; and that for want of sufficient Distress, you, they, or some or one of you or them, should within twenty days then next ensuing certifie unto me the default of such Distress, to the end that I might farther doe therein as to Justice doth appertain; And forasmuch as it hath been certified unto me, that no sufficient Distress can be found whereby the said twenty shillings may be levied, and that the same is not yet satisfied: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do take the said A. B. and him safely convey to the Gaol aforesaid, and there deliver him to the Keeper of the same, to be by him there kept untill the said twenty shillings shall be truly paid. Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep, untill the said twenty shillings shall be paid accordingly. Hereof fail not at your perils. Given under my hand and seal at, &c.
For Suppressing an Alehouse after Suppression at the Quarter-Sessions.
Kent ss. WHereas at the general Quarter-Sessions of the Peace of our Sovereign Lord the King holden at M. in the said County, upon Tuesday in the first week next after the Close of Easter last past; it was (for the reasons therein mentioned) ordered by the said Court, That A. B. of G. in the said County should forthwith surcease, and be suppressed from selling Ale- or Beer in his then dwelling-house, (or elsewhere) and that the Constables of the said Parish of G. or one of them should require him to forbear to sell any more Ale or Beer; which if he should refuse to doe, that then he should be immediately afterwards dealt withall as an unlicensed Victualler, (any Licence to the contrary in any wise notwithstanding;) of which said Order the said A. B. had notice; And whereas notwithstanding the said Order at the last monthly meeting of the Justices of the Peace of the said County for this lower Division of the Lath of Scray, upon Thursday the fourth day of September last past, being the day for new Licensing of the Alehouse-keepers in that Division, amongst the multiplicity of business there that day, a new Licence for the said A. B. to keep a common Alehouse in the house wherein he dwelt (at the time of his aforesaid Suppression) was, amongst several other such Licences, laid [Page 19] down before us, and by us signed and sealed, in the so doing whereof we were surprized: Upon consideration of all which, and forasmuch also as the same reasons and causes for which the said A. B. was as aforesaid suppressed do (as we are informed and believe) still remain; We have therefore thought fit to suppress him from any longer keeping any Alehouse or Tippling-house, or using commonly selling of Ale, Beer, Cyder, or▪ Perry. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do forthwith repair to the said A. B. and charge him to surcease from keeping any longer any Alehouse or Tipplinghouse, and from commonly selling of Ale, Beer, Perry, or Cyder; and that what you shall doe in the premisses, you, some or one of you, (so giving notice) do make known unto us, or one of us, with all convenient speed. Hereof fail not at your perils. Given under our hands and seals at C. in the said County, the second day of October 1679. 31 Car. II. Regis.
A Licence to keep an Alehouse with Articles.
Kent ss. IMprimis, If he here of any Robery or other hainous offence committed against the peace of our Sovereign Lord the King, he shall certifie to the Constable or Borsholders of the Hundred where for the time [Page 20] he then dwelleth, or some of His Majestie's Justices of the Peace for this County, of such persons as lodged at his house within two days before or after such Robery or hainous offence committed, and what apparrel they had and used, and the Christian name, or Sirname, or names of them or as many of them, as he shall know.
2. Also he shall not use or keep, nor suffer to be used or kept any Carding, Dicing, Bowling, or any other unlawfull Game or Games at any time in his house or yard.
3. Also he shall not permit or suffer any person or persons to continue drinking, or remain tippling in his house otherwise then is permitted and allowed by the several Statutes in that case made and provided.
4. Also he shall not suffer any person or persons to lodge at his house above one day and one night together, but such as he will answer for, and have forth coming if occasion shall require.
5. Also he shall keep one or more beds in his house, as also Mens meat and Horse meat during the time of Licence, conveniently furnished to lodge any way-faring Man or Travellor.
Lastly, He shall not utter or sell less than one full Ale-quart of the best Beer or Ale for one penny, and of the small two Quarts for one penny, and shall have in his house Beer and Ale of both sorts, and also Bread for the Poor and sueh others as will buy the same.
We whose Names are hereunder written, Justices of the Peace of our Sovereign Lord the King within this County of K. do hereby license and allow the said A. B. [Page 21] to keep a common Alehouse or Victuallinghouse in his now dwellinghouse, known by the name of the Sign of the George in C. aforesaid, for the space of one whole year next ensuing.
The said A. B. observing and keeping all and singular the Articles above written, for observing whereof he is bound by a Recognizance in 10 li. and two sufficient Sureties with him, viz. C. D. and E. F. in 5 li. a piece to the use of our said Sovereign Lord the King, his Heirs and Successors. Dated at C. the 8 day of Septemb. 1671.
The Recognizance as in Pag. 3.
The Condition.
The Condition of the Recognizance within written is such, That whereas the within named A. B. is by the Justices within named, licensed, admitted, and allowed to keep a common Alehouse or Victuallinghouse in C. for the space of one whole year next ensuing; If therefore the said A. B. doe well and truly observe and keep all and singular the Articles contained in his said Licence, That then, &c.
Apprentices.
A Warrant to put out poor Children Apprentices.
Kent ss. THese are (in His Majestie's name)Dalt. 162. 1 Iac. c. 25. 21 Iac. 28. 3 Car. c. 4. 2 Iustices, 1 of the Quorum. 43 Eliz. cap. 2. to command you, that you do present unto us, or some of us, in writing under your hands, at the house of A. B. in, &c. upon the third day of Iune next, at nine of the clock in the morning of the same day, the names of all such poor Children of your said Parish as are Orphans, or whose Parents shall not by you, or the greater number of you, be thought able to keep and maintain them; together with the names of the Parents of the said Children, (if they have any living) and the several Ages of the Children aforesaid: And that you do cause such of the said Children as be able to come thither, (and more especially such of them as by you shall be thought fit to be put forth Apprentices) to appear before us, (at the time and place aforesaid,) to be by us there viewed: And likewise that you do then and there also present unto us (in writing as aforesaid) the names of such substantial Inhabitants of your said Parish, to whom you shall think fit to put the said Children, or any of them, Apprentices; and more especially of such of the said Inhabitants as have not formerly taken such poor Children of the said Parish Apprentices: And lastly, that you do give notice7 Iac. 3. [Page 23] to the said Inhabitants, that they are by us required then and there to appear before us, to shew cause why you (by our assent) shall not bind such of the said Children Apprentices unto them, (as to you shall seem convenient) unless they shall in the mean time consent to take and receive the same accordingly; and that you your selves be then and there also present, and have there this Precept. Of all which you are not to fail at your Perils. Given under our hands and seals the, &c.
An Indenture for an Apprentice so put out.
THis Indenture made the, &c. day of, &c. 43 Eliz. cap. 2. 2 Iustices, 1 of the Quorum. Man-child till he shall come to the age of 24 years; Woman-child till she shall come to the age of 21, or the time of her marriage. in the year of the Reign, &c. Between A. B. and C. D. Church-wardens of the Parish of E. in the County of &c. and F. G. H. I. Overseers of the Poor of the same Parish, &c. of the one part, and K. L. of, &c. of the other part, Witnesseth, That the said Churchwardens and Overseers, by the Assent of His Majestie's Justices of the Peace of the said County, whose names are hereunto written, (according to the form of the Statute made in the 23. year of the Reign of the late Queen Elizabeth, intituled, An Act for the Relief of the Poor) have put out and bound M. L. a poor Child of the said Parish of E. Apprentice to the said K. L. till the said M. L. shall come to the age of 24 years. During which time the said Apprentice his said Master well and faithfully shall serve, his Secrets keep, his Commandments lawfull and honest every-where willingly shall doe. He shall do no hurt nor damage to his said Master, nor consent to be done of [Page 24] others, but to his power shall lett the same, or forthwith give notice to his said Master thereof. He shall not waste the Goods of his said Master, nor lend them to any person without his consent. He shall not frequent Taverns, Inns or Alehouses, (except it be about his said Master's business there to be done.) He shall not (during the said term) play at Cards, Dice, or other unlawfull Games. He shall not, either by day or night, absent himself from his said Master's service: But in all things (as a good and faithfull Servant) shall demean himself towards his said Master and all his. And the said K. L. his said Apprentice shall (during the term aforesaid) educate and bring up, or cause to be educated and brought up, in his Trade, with due and reasonable Chastisement; and find and allow unto him (during the said term) sufficient wholesome and competent meat, drink, lodging, washing, apparel, and all other necessaries meet for such an Apprentice: And in the end of the said term shall find, provide for, and deliver unto his said Apprentice double Apparel, that is to say, Apparel meet for him to have and wear as well on the Lord's days as on the working-days, both of Linnen, Woollen, Hose, Shoes, and all other necessaries meet for such an Apprentice to have and wear. In Witness whereof the parties above said to these present Indentures their hands and seals interchangeably have set, the day and year first above written.
A Warrant against them which refuse to take Apprentices.
Kent ss. WHereas the Church-wardensOn refusal to be bound to good Behaviour, or Indicted for a Contempt, and thereupon to be Fined and Imprisoned. Dalt. 163. and Overseers of the Poor of the Parish of A. in the County aforesaid did by our assent by Indenture, bearing date the, &c. put and bind out unto B. C. of the Parish aforesaid D. E. a poor Child of the said Parish Apprentice, (according to the form of the Statute in that case made and provided in the 43 year of the Reign of the late Queen Elizabeth, intituled, An Act for the Relief of the Poor,) And forasmuch as the said B. C. doth refuse to take, receive and keep the said Apprentice accordingly, and doth likewise refuse to seal the Counterpart of the said Indenture: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do cause the said B. C. to come before us, or one of us, or some other Justice of the Peace of the said County, to enter into Recognizance unto His said Majesty conditioned for personal appearance at the next general Sessions of the Peace to be holden at E. in the County aforesaid, then and there to answer the premisses, and farther to doe and receive as the said Court shall then consider of him in this behalf. Hereof fail not at your perils, Given under our hands and seals at, &c.
A Warrant against a Master for abusing his Apprentice.
Kent ss. FOrasmuch as Complaint hath5 Eliz. 4. been made unto me by A. B. an Apprentice, against C. D. his Master, both of the Parish aforesaid, That he the said C. D. doth not allow unto his said Servant competent meat, drink, and apparel, and doth immoderately correct him without any cause at all, (or turneth him out of his house and will not suffer him to return) as the Case requireth. These are therefore (in his Majestie's name) to command you, that some or one of you, do cause both the said Parties to come before me at H. on Monday the tenth day of this instant Iune, at four of the clock in the afternoon, to the end that I may examine the same matter. Hereof fail not, &c. Given under my hand and seal this, &c.
A Warrant against a disorderly Apprentice.
Kent ss. FOrasmuch as Complaint hath5 Eliz. 4. been made unto me by A. B. Joyner, against C. D. his Apprentice, both of your Parish of H. in this County, That the said C. D. is a stubborn and disobedient Servant, and doth very much misbehave himself towards his said Master, (or that the said C. D. [Page 27] hath departed from his said Master, &c.) These are therefore, &c. as in the foregoing Warrant.
A Discharge of an Apprentice.
K. ss. WE R. K. H. D. E. F. G. H. four5 Eliz. 4. of His Majestie's Justices of the Peace, &c. for the County of K. aforesaid, Whereas Complaint having been made unto us by A. B. an Apprentice, against C. D. his Master, both of your Parish of H. within this County, That the said C. D. his Master hath not allowed to his said Servant competent diet, and apparel befitting such Apprentice, and hath sometimes corrected him without any just cause at all, and when he had cause, corrected him above measure, and we having ordered the said Parties to appear before us, and having examined the Complainant find it to be true, and therefore we do think fit to discharge the said Apprentice of his Apprenticeship, And therefore do by these presents, under our hands and seals pronounce and declare, That we have for the causes aforesaid, discharged the said A. B. the Apprentice of his Apprenticehood the eighth day of Iuly, Annoque Dom. 1679. Giv [...]n under our hands, &c.
A Warrant against one that departeth out of Service before his time expired.
Kanc. ss. WHereas Complaint hath been made unto me this [Page 28] present day by A. B. of, &c. That one C. D. having been bound and put Apprentice to him the said A. B. is now lately, contrary to Law, departed from his said Master without his Licence, or other Lawfull discharge. These are therefore (in His Majestie's name) to charge and command you, that you, some or one of you, do attach the said C. D. when and where he shall be found within your several Limits and Precincts. And thereupon do further bring him before me, or some other of his Majestie's Justices of and within the said County to answer to the premisses. And further to be dealt withall according to Law. Hereof. &c.
Bail.
Recognizances for Bail.
Kanc. ss. MEmorandum, Quod primo dieIf it be taken before 1 Justice, say, uno Iusticiarior' Domini Regis, &c. Maii, Anno Regni, &c. A. B. de, &c. personalit' venit coram me C. D. uno Iusticiar' dicti Domini Regis ad pacem suam in Com' suo praedicto conservand' assign', & recognovit se debere eidem Domino Regi decem libras legalis monetae Angliae, de bonis & catallis, terris & tenementis suis fieri & levari, ad opus & usum dicti DominiAnno Domini not necessary. Regis, haered' & successorum suorum, si defalt' fieret in performatione Conditionis indorsat'.
Kanc. ss. MEmorandum, Quod quinto dieIf it be taken before 1 Justice, say, uno Iusticiarior' Domini Regis, &c. Octobris, Anno Regni, &c. A. B. de, &c. G. H. de, &c. & J. K. de, &c. personalit' venerunt coram nobis [Page 29] C. D. & E. F. Iusticiar' dicti Domini Regis ad pacem suam in Com' suo praedicta conservand' assignat', & recognoverunt se de bere eidem Domino Regi modo & forma sequen', viz. praedict' A. B. viginti libras legalis monetae Angliae, & uterque praedictorum G. & J. decem libras consimilis monetae, de separalibus bonis & catallis, terris & tenementis suis, separalit' fieri &Anno Domini not necessary. levari, ad opus & usum dicti Domini Regis, haered' & successorum suorum, si defalt' fieret in performatione Conditionis indorsat'.
A Condition to prefer a Bill and give Evidence.
The Condition of this Recognizance is such, That if the within bound A. B. do personally appear before His Majestie's Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of Kent, and do then and there prefer or cause to be preferred a Bill of indictment against W. T. for the matters wherewith the said W. T. is charged before, The Iustices within named (or the within named Iustices.) and do also then and there give such evidence as he knoweth concerning the same, as well to the Jurors that shall enquire thereof on the behalf of our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trial of the said W. T. for the same; That then this Recognizance shall be void, or else it shall stand in full force.
If at the Sessions, then say:
Do personally appear before His Majestie's Justices assigned to keep His Peace in the within named County of Kent, at the next general Sessions of the Peace to be holden for the said [Page 30] County at M. in the County aforesaid, and do then and there prefer, &c. as in the foregoing Condition.
A Condition to give Evidence.
The Condition of this Recognizance is such, That if thé within bound A, B. do personally appear before His Majestie's Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of Kent, and do then and there give such Evidence as he knoweth against I. K. concerning the matters wherewith he is charged, as well to the Jurors that shall enquire thereof on the behalf of our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trial of the said I. K. for the same; That then this Recognizance shall be void, or else it shall stand in full force.
If it be to appear at the Sessions, then say:
Do personally appear before His Majestie's Justices assigned to keep His Peace in the within named County of K. at the next general Sessions of the Peace to be holden for the said County at T. in the County aforesaid, and do then and there give such Evidence, &c. as before.
A Condition for Felony or suspicion of Felony.
The Condition of this Recognizance is2 Iustices, 1 of the Quorum. If charged but with suspicion, then say, such, That if the within bound A. B. do personally appear before His Majestie's Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of [Page 31] Kent, then and there to answer our Sovereign Lord the King for and concerning the the suspicion of his, &c. Felonious taking and stealing of (as the Case is) whereof he stands charged. wherewithall he standeth charged before, &c. and to doe and receive, &c. and do not depart the said Court without licence for the same; That then this Recognizance to be void, or else it shall stand in full force.
If it be to appear at the Sessions, then say:
Do personally appear before His Majastie's Justices assigned to keep His Peace in the within named County of K. at the next general Sessions of the Peace to be holded for the said County at T. in the County aforesaid, then and there to answer, &c. as before.
If the Fellon be in Prison.
These are to charge and require you that immediately you bring before me the body of A. B. now in your Custody to be Bailed, as Law requireth. Whereof fail you not, &c. Given, &c.
Bastards.
For the apprehending and conveying the Woman to the House of Correction.
Kent ss. THese are (in His Majestie's name) to command you, that you, some or one of you, do apprehend I. L. of B. in the said County, Single woman, and her safely convey to the House of Correction for the said County at T. in the County aforesaid; and there deliver her to the Keeper of the same, together with the Mittimus herewithall delivered unto you. Hereof fail not at your perils. Given under our hands and seals at H. in the said County the second day of Iune 1679. Annoque Regni Regis Caroli Secundi 31.
A Mittimus of the Mother of a Bastard-Child to the House of Correction.
Kent ss. FOrasmuch as C. D. hath lately7 Iac. c. 4. May be chargeable to the Parish. 2 Iustices, Quaere, if not fit one to be of the Quorum, according to 18 El. c. 3. If she put in security to discharge the Parish, she cannot▪ be punished by the Statute 7 Iac. but by that of 18 Eliz. Coke▪ Magna Charta, fol. 733. had a Bastard-Child; These are therefore (in his Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said C. D. and her safely convey to the aforesaid House of Correction, and there deliver her to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive her into the said House, and there punish and set her on work during the term of one whole year, (according to the form of the Statute in that case made and provided.) Hereof fail not at your perils. Given under our hands and seals, &c.
A Warrant against the Mother (for the second Offence) to commit to the House of Correction, and find Sureties of good Behaviour.
Kent ss. FOrasmuch as A. B. hath lately7. Iac. cap. 4. &c. May be chargeable to the Parish. 2 Iustices; if not fit one be of the Quorum, according to [...]8 El. c. 4. If she put in surety to discharge the Parish, she cannot be punished by the Statute 7 Iac. but by that of 18 Eliz. Coke Mag. Ch. fol. 733. had a Bastard-Child; And for asmuch as she hath before offended in the like kind: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders and every of you, That you, some or one of you, do take the said A. B. and her safely convey to the aforesaid House of Correction, and there deliver her to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive her into the said House, and there punish and set her on work, untill she do put in good security for her good Behaviour not to offend so again, (according to the form of the Statute in that case made and provided.) Hereof fail not at your perils. Given under our hands and seals at, &c.
To convene the Mother and reputed Father.
Kent ss. FOrasmuch as we are informed, That A. D. of the Parish of B. [Page 35] in the County aforesaid (within the said Parish)18 Eliz. cap. 3. hath lately been delivered of a Bastard-Child (begotten and born out of lawfull Matrimony) yet living, and chargeable to the Parish aforesaid; And forasmuch as the said A. D. upon her Examination taken hath charged E. F. of, &c. to have begotten her with Child of the Bastard-Child aforesaid: These are therefore (in His Majestie's name) to command you and every of you, that you, some or one of you, do bring the said Woman before us at the house of R. in T. in the County aforesaid, upon the tenth day of Iune at nine of the clock in the forenoon of the same day, to be by us farther examined touching the premisses; and that you give notice thereof unto the said E. F. (if conveniently you can) to the end that he may likewise be at the time and place aforesaid to make his lawfull Defence therein, (if he shall so think fit.) And farther, that you, some or one of you, do give notice to the several persons whose names are here under written, that they and every of them are by us required to appear at the time and place aforesaid, to certifie their several knowledges touching the premisses; to the end that upon the examination of the Cause and Circumstance, we may take such order therein as to Justice doth appertain. And lastly, that what you shall doe in execution of this our Precept, you do make known unto us at the time and place aforesaid. Hereof fail not at your perils. Given under our hands and seals at, &c.
A Warrant against the reputed Father of a Bastard-Child.
Kent ss. FOrasmuch as upon ExaminationDalt. 39. of A. B. of, &c. Single woman, this day taken before me, (upon Oath) it appeareth that she is at present with Child of a Bastard-Child, which is likely to be chargeable to the Parish when it shall happen to be so born; And forasmuch as (upon her Examination) she hath confessed that C. D. of, &c. did beget her with Child of the Child aforesaid, and hath before me charged him with the same: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do cause the said C. D. to come before me, or some one of His Majestie's Justices of the PeaceLamb. 122. Cromp. 196. of the said County at, &c. aforesaid, then and there to receive as by the said Court shall be injoyned; and also that he shall in the mean time be of good Behaviour, as well towards His said Majesty, as towards all His liege people. Which if he shall refuse to doe, that then (without expecting any farther or other Warrant) you, some or one of you, do safely convey him to the Gaol of, &c. and him there deliver to the Keeper of the same, together with this Precept. Commanding also you, the aforesaid Keeper, to receive him into the said Gaol, and him there safely to keep, untill he shall find such sufficient Security as aforesaid. Hereof fail not at your peril. Given under my hand and seal at, &c.
An Order for Releif of the Parish touching a Bastard-Child, and for punishing the Mother and reputed Father.
Kent ss. THE Order of us W. B. and R. K. 18 Eliz. cap. 3. 2 Iustices, 1 of the Quorum. Esquires, two of His Majestie's Justices of the Peace of the said County, (whereof one of us is of the Quorum) and both residing in the limits where the Parish-Church of H. in the County aforesaid is the 19. day of April in the year of our Lord 1672. (according to the form of the Statute in that case made and provided) touching the male Bastard-Child late born in the Parish of H. aforesaid, of the body of A. G. of the same Parish, Single woman, (the keeping of which said Bastard-Child hath ever since the birth thereof been, and still is chargeable to the Parish aforesaid, and so likely to continue chargeable.)
First, (upon our Examination of the Cause and Circumstance, and due Consideration thereof by us had) we do adjudge W. S. late of H. aforesaid, Tayler, the reputed Father of the said Bastard-Child.
And for Punishment of the said Mother and reputed Father, and the better Relief of the said Parish, we do hereby order as followeth: that is to say,
We do order, That the said Mother shall by the Constable and Borsholders of the Hundred of Great B. in the said County, or by some or one of them, (upon some day, between the hours of nine and twelve in the forenoon, in the common High-way at or [Page 38] near, &c. in the Parish aforesaid) be stripped naked from the middle upwards, and then and there shall be tied to the tail of a Cart or Dungcourt, and being so stripped and tied, shall be there openly whipped untill her body be bloudy.
We do also order, That the said reputed Father shall by the Constable and Borsholders of the Hundred aforesaid, or some or one of them, (upon some day, between the hours of nine and twelve in the forenoon, in the common High-way in the Parish aforesaid, over against the dwelling-house of I. S. there) be stripped naked from the middle upwards, and shall then and there be tied to the tail of a Cart or Dungcourt, and being so stripped and tied, shall be from thence drawn to the Watch-house aforesaid, and on the way well whipped, in such manner as is in such cases accustomed.
We do farther order, That the said Mother shall within three days next after notice of this our Order render her body to the said Constable and Borsholders, or to some or one of them, ready to undergo her Punishment before ordered:
And that the said reputed Father shall within six days next after notice of this our Order render his body to the said Constable and Borsholders, or to some or one of them, ready to undergo his punishment before ordered.
We do likewise farther order, That the said reputed Father shall within six days next after notice given unto him of this our Order pay, or cause to be paid, to the Overseers of the Poor of the Parish aforesaid, or to some or one of them, twenty shillings of lawfull money of England, towards the moneys by them disbursed (before the said notice given) for or [Page 39] towards the charges of the keeping of the said Bastard-Child, from the time of the birth thereof untill the time of the giving of the said notice.
And that upon every Friday which shall be next after the end of the said six days, untill the said Bastard-Child shall attain unto his age of ten years, the said reputed Father shall likewise pay unto the Overseers of the Poor of the said Parish (for the time being, (or unto some or one of them, sixteen pence of lawfull mony of England, towards the charges by them disbursed towards the keeping of the Bastard-Child aforesaid,) meaning between the end of the said six days, and the time that he shall attain unto his said age of ten years.)
We do farther order, That the said Bastard-Child shall be kept and nourished by his said Mother untill he shall attain unto the age aforesaid; and that she (so far as she shall be able) shall during the said time so keep and nourish the same.
We do lastly order, That both the said Mother and reputed Father shall (for ever from and after such time as the said Bastard-Child shall attain unto his said age of ten years) joyntly and severally discharge the said Parish of and from all charges whatsoever, for, touching or concerning the keeping or relieving of the same.
In Witness whereof we have hereunto subscribed our names the day and year first above written.
A Warrant to be written under the Order aforesaid, for giving notice thereof to the Mother and reputed Father.
THese are (in His Majestie's name) to command you and every of you, that you, some or one of you, do (with all convenient speed) give or cause to be given notice of our Order, (a Copy whereof is herewith delivered unto you) both unto the Mother and reputed Father therein mentioned; to the end that they and every of them may the better observe and perform the same: And what you shall doe in execution of this our Precept, you, some or one of you, do certifie unto us, or one of us, (with all convenient speed next after the Execution of the same) to the end that farther proceedings may be thereupon had as the Case shall require, and to Justice doth appertain. Given under our hands and seals at, &c. aforesaid the, &c.
A Warrant for the Punishment of the Mother and reputed Father of a Bastard-Child.
Kent ss. WHereas A. G. of Hawkh. in18 Eliz. cap. 3. 2 Iustices, 1 of the Quorum. the said County, Single woman, was lately delivered within the said [Page 41] Parish of a male Bastard-Child (begotten and born out of lawfull Matrimony) yet living, and chargeable to the Parish aforesaid, and so likely to continue chargeable, to the great burthen of the same Parish, and the defrauding of the Relief of the impotent and aged true Poor of the Parish aforesaid, and to the evil example and encouragement of lewd life; And whereas, upon our Examination of the Cause and Circumstance, (according to the form of the Statute in that case made and provided) we have (in and by an Order by us this present day made, and subscribed under our hands, touching the Bastard-Child aforesaid) adjudged W. B. the elder, late of Hawkh. aforesaid, Broad-weaver, the reputed Father of the said Bastard-Child; And for Punishment of the said Mother and reputed Father▪ (according to the form of the Statute aforesaid) we have thereby ordered, That the said Mother shall by you, some or one of you, (upon some day, between the hours of nine and twelve in the forenoon, in the common High-way, at or near the Watch-house at Highgate in the Parish aforesaid) be stripped naked from the middle upwards, and then and there shall be tied to the tail of a Cart or Dung-court, and being so stripped and tied, shall be there openly whipped untill her body be bloudy; and that the said reputed Father shall by you, some or one of you, (upon some day, between the hours of nine and twelve in the forenoon, in the common High-way in the Parish aforesaid, over against the house of I. B. there,) be stripped naked from the middle upwards, and then and there shall be tied to the tail of a Cart or Dungcourt, and being so stripped and tied, shall be from thence [Page 42] drawn to the Watch-house aforesaid, and on the way well whipped in such manner as is in such cases accustomed; And that the said Mother shall, within three days next after notice of that our Order, render her body to you, some or one of you, ready to nndergo her Punishment before ordered: And that the said reputed Father shall, within six days next after notice of our said Order, render his body to you, some or one of you, ready to undergo his Punishment before ordered: These are therefore (in His Majestie's name) to command you and every of you, that in case the said Mother and reputed Father, or either of them, shall so render her, his, or their body or bodies to you, or any of you, as aforesaid, that then you, they or he (to whom the same shall be so rendred) do (with all convenient speed afterwards) proceed with effect to execute your, their or his office according to the faid purport of the Order aforesaid, and do execute the same accordingly; And that what is done in the premisses, you, or one of you, do (with all convenient speed, after the aforesaid, &c. day of, &c.) make known unto us, or one of us, to the end that in case of failer by him or her of rendring his or her body to you or one of you, (according to the said Order) such farther proceedings may be thereupon had as to Justice doth appertain. Hereof fail not at your perils. Given under our hands and seals at Hawkh. aforesaid the first day of May, 1672.
A Warrant and Mittimus against the reputed Father for not obeying the Justices Order.
Kent ss. WHereas by an Order by us18 Eliz. cap. 3. It is not expresly said what Iustices shall commit: But I conceive it fit to be the 2 Iustices that made the Order. But likewise conceive that other Iustices may so doe, (mutatis mutandis.) But I also conceive it fit that then it should be done by 2 Iustices, whereof one of the Quorum. made, and subscribed under our hands the first day of May last past, touching a male Bastard-Child lately born in the Parish of Hawkh. in the said County of the body of Anne Gardiner of Hawkh. aforesaid, Single woman, (chargeable to the Parish aforesaid) we have adjudged Will. Bowman the elder late of Hawkh. aforesaid, Broad-weaver, the reputed Father of the said Bastard-Child; And for Punishment of the said reputed Father, (according to the form of the Statute in that case made and provided, among other things in the said Order contained) have ordered, That he shonld by you the said Constable and Borsholders, or by some or one of you, (upon some day, between the hours of nine and twelve in the forenoon, in the common High-way in the Parish of Hawkh. aforesaid, over against the house of I. B. there) be stripped from the middle upwards, and then and there should be tied to the tail of a Cart or Dungcourt, and (being so stripped and tied) should be from thence drawn to the Watch-house at Highgate in the Parish aforesaid, and on the way well whipped, in such manner as is in such cases accustomed; and [Page 44] that he should within six days next after notice of our said Order render his body to you the said Constable and Borsholders, or some or one of you, ready to undergo his punishment before ordered; And whereas it hath been duly proved before us, that after the making of the said Order, and by the space of six days and upwards before the day of the date hereof, the said Will. Bowman (so as aforesaid the reputed Father of the said Bastard-Child) had notice of the said Order, and yet notwithstanding hath not hitherto rendred his body to you the said Constable and Borsholders, or any of you, according to the purport of the same, and so hath not for his part observed and performed the Order aforesaid. These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do attach the body of the said Will. Bowman, and him deliver to the aforesaid Keeper of the Gaol aforesaid, to be by him kept in the same without Bail or Mainprise, (except he shall put in sufficient Surety to perform the said Order, or also personally to appear at the next general Sessions of the Peace to be holden in the said County;) And also to add such Order as the Justices of the Peace of the County aforesaid, or the more part of them, then and there shall take in that behalf, (if they then and there shall take any;) And that if at the said Sessions the said Justices shall take no other Order, then to abide and perform the Order before made as is abovesaid. Commanding also you, the said Keeper of the Gaol aforesaid, to receive then the said Will. Bowman into the same, and him there safely to keep, according to the purport and tenour of this Precept. [Page 45] Given under our hands and seals at Hawkh. aforesaid, the second day of Iune, Anno Dom. 1673. Annoque Regni Regis Caroli Secundi 25.
An Order for Relief of the Parish in case of a Bastard out of the Estate of the reputed Father.
Kent ss. FO [...]asmuch as (upon your Complaint14 Car. 2. cap. 12. 2 Iustices, 1 of the Quorum. to us) it appeareth, That A. B. the reputed Father, or Mother, of a Bastard-Child born in the Parish aforesaid, hath lately ran away out of the said Parish, and left the said Bastard-Child upon the charge of the Parish aforesaid, although A. B. hath Estate sufficient to discharge the said Parish: These are therefore (in His Majestie's name) to require and authorize you, and every of you, that you, some or one of you, do seize and take so much of the Goods and Chattels, and receive so much of the annual Rents and Profits of the Lands of the said A. B. as will amount unto the summe of, &c. which we doThis Order must be confirmed at the Sessions. 18 Eliz. cap. 3. 3 Car. c. 4. (according to the form of the Statute in that case lately made) order you to take and receive for or towards the discharge of the said Parish, for the bringing up and providing for the aforesaid Bastard-Child. Given under our hands and seals the, &c.
A Warrant for Punishment of the reputed Father of a Bastard-Child, for not keeping the Child, and obeying the Order.
Kent ss. WHereas upon our Examination of the Cause and Circumstance, and due Consideration thereof by us had, touching a male Bastard-Child late born in the Parish of C. in the said County, of the body of I. A. of C. aforesaid, Single woman, (the keeping of which said Bastard-Child was at the time of making of the said Order chargeable to the said Parish, and hath ever since continued chargeable) we did by an Order by us made, and subscribed under our hands the 19th. day of April last past, (according to the form of the Statute in such case made and provided) adjudge W. S. of H. in the said County, Tayler the reputed Father of the said Bastard-Child; and for the Punishment of the said reputed Father, and the better Relief of the said Parish, we did thereby order, That the said reputed Father should by the said Constable, or by the Borsholder of the Town-Burrough, (within the Hundred aforesaid) upon some day of the Market to be holden in the Town of C. in the said County, (within the Hundred aforesaid) between notice given of that our Order given unto him, and the 12. day of this instant A. (and now lately past) at the [Page 47] Market-Cross in the Town aforesaid, (between the hours of three and five in the afternoon of the same day) be stripped naked from the middle upwards, and tied to one of the Posts of the Market-Cross aforesaid, (most visible to the said Market) and then and there openly whipped untill his body be bloudy; and that he should in such convenient time after notice of that our Order to him given render his body to the said Constable and Borsholder, or one of them, (ready to undergo his Punishment so ordered) as that the said Punishment might be executed accordingly; And that the said reputed Father should pay to the Overseers of the Poor, or one of them 20 s. by them disbursed hefore the said notice given, for or towards the charge of keeping the said Child from the time of its Birth; And that upon every Friday which (after notice to him given of that our Order) should be during such time as the said Bastard-Child should be chargeable to the said Parish of C. pay unto the Overseers of the Poor of the Parish aforesaid for the time being, or to some or one of them, sixteen pence of lawfull money of England, towards the charges by them disbursed for relief of the Bastard-Child aforesaid; and that the reputed Father should for ever after such time as the said Bastard-Child shall first cease to be chargeable to the said Parish, discharge the Parish aforesaid of and from all future charges whatsoever, for, touching or concerning the keeping or reliving of the same; And whereas (after the making of the said Order, and by the space of six days and upwards before the day of the date hereof) the said W. S. had notice of the said Order, and yet hath not observed or performed any part thereof on his [Page 24] part to be observed and performed: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do attach the body of the said W. S. and him to deliver to the aforesaid Keeper of the Gaol aforesaid, to be by him kept in the same without Bail or Mainprise, (except he shall put in sufficient Surety to perform the said Order, or else personally to appear at the next general Sessions of the Peace to be holden in the said County) and also to abide such Order as the Justices of the Peace of the County aforesaid, or the more part of them then and there shall take in that behalf, (if they then and there shall take any;) and that if at the said Sessions the said Justices shall take no other Order, then to abide and perform the Order before made as is abovesaid. Commanding also you the said Keeper of the Gaol aforesaid, to receive then the said W. S. in the same, and him there safely to keep, according to the purport and tenour of this Precept. Given under our hands, &c.
A Warrant for sending a Bastard-Child (found wandring) to the place of its Birth.
K. ss. WHereas upon our examination we find, That A. B. being the Bastard-Child of C. D. and about the age of five years, hath been found wandring and going up and down the Parish of H. and other places thereabouts, and was, as we are credibly informed, [Page 49] born in the Parish of I. as appeareth by the Book of the said Parish: These are therefore (in His Majestie's name) to will and require you, That (according to the General usage, custome, and common acceptance of the Law in case of a lost Child) you do convey the same Child to the said Parish of I. and that you the Church-wardens and Overseers of the Poor of that Parish, do take due care, that the said Child may be there provided for. Hereof fail not at your perils. G [...] ven under our hands and seals the, &c.
A Warrant for apprehending a Woman on suspicion of having murthered her Bastard-Child.
K. ss. WHereas I am informed that A. B. hath had a Child lately born alive of her Body, and is suspected to have murthered or made away the said Child, since the birth thereof: These are therefore (in His Majestie's name) to charge and command you, that immediately upon sight hereof you do apprehend and bring the body of the said A. B. before me or some other Justice of the Peace of the said County to answer to all such matters and things as on the behalf of His Majesty shall be objected against her touching the premisses. Likewise you are to make diligent search, by all lawfull means, to find out the truth of the premisses, and to bring before me or some other Justice of the Peace of the said County, all such persons as can give any information on the behalf of His Majesty [Page 50] touching the premisses.. And hereof fail not, as you will answer the contrary at your perils. Given under my hand, &c.
A Condition of a Recognizance for the Appearance of the reputed Father of a Bastard-Child.
THe Condition of this Recognizance is such, That whereas the Overseers of the Poor of the Parish of H. within mentioned did on the day of the date within written complain to the Justice within named, that M. H. of the Parish aforesaid, Single woman, was then with Child of a Child, which when born is likely to be a Bastard, and chargeable to the said Parish; And whereas the said M. H. upon her Examination (the day aforesaid) before the said Justice did confess the same to be true, and charged the within bound I. N. to have begotten her with Child of the Child aforesaid: If therefore the said I. N. do answer unto such matters as shall be objected against him by the said M. H. touching the said Bastard-Child, then this Recognizance to be void, or else, &c.
The Condition of a Recognizance, of one charged to be the Father of a Bastard-Child, before its Birth, to appear at Sessions.
THe Condition of this Recognizance is such, That whereas upon Examination of A. B. in the said County of K. Single woman, lately taken before the within named Justice of the Peace, it appeareth that she was then [Page 51] with Child, which (when it shall be born) is likely to be chargeable to the Parish where it shall happen to be so born; And whereas the said A. B. upon her said Examination did charge the within bound C. D. with the begetting her with Child of the Child aforesaid: If therefore the said C. D. do personally appear before His Majestie's Justices assigned to keep the Peace in the County aforesaid, at the next general Sessions of the Peace to be holden for the said County at, &c. in the County aforesaid, to doe and receive as by the said Court shall be enjoyned, (and shall in the mean time be of good Behaviour, as well towards His said Majesty, as also towards all His liege people;) That then this Recognizance shall be void, or else it shall stand in full force.
A Condition to discharge Church-wardens and Parishioners of a Child born in the Parish.
K. ss. THe Condition of this Obligation is such, That whereas M. H. hath of late been delivered of a Man-child within the Parish of, &c. within written, to the which Child the within bound E. G. by his own voluntary Confession doth acknowledge himself to be the Father: If therefore the said E. G. his Heirs, Executours or Assigns, or every or any of them, do from time to time, and at all times hereafter, fully and clearly acquit, discharge and save harmless as▪ well the within named I. B. and H. T▪ Church-wardens of the Parish-Church of, &c. aforesaid, and their Successours for the time being, and every of them, as also all the Inhabitants and Parishoners of [Page 52] the said Parish, which now are or hereafter shall be for the time being, and every of them, of and from all and all manner of Costs, Charges and Expenses whatsoever, which shall or may in any manner of wise at any time hereafter arise, happen, come, grow, impose or be imposed upon them or any of them, for or by reason or means of the birth, education, nourishing and bringing up of the said Child, and of and from all other Actions, Suits, Charges, Troubles Impeachments and Demands whatsoever touching and concerning the same; That then, &c
Good Behaviour.
A Warrant and Mittimus for Good behaviour.
Kent ss. FOrasmuch as A. B. &c. These 2 or 3 Iustices Lam. 119. First Assignavimus in the Commission of the Peace. are therefore (in His Majestie's name) to command you the said Constable and Bolsholders, that you, some or one of you, do cause the said A. B. to come before me, or some other of His Majestie's Justices of the Peace of the said County, to find sufficient Security, [Page 53] as well for his Appearance at the next2 or 3 Witnesses. 34 E. 3. c. 1. general Session of the Peace to be holden for the said County at T. aforesaid, then and there to doe and receive as by the said Court shall be injoyned; as also that he shall in the mean time be of Good behaviour, as well towards His said Majesty, as towards all His liege people: Which if he shall refuse to doe, that then (without expecting any farther or other Warrant)Dalt. 290. to 297. you, some or one of you, do safely convey him to the Gaol aforesaid, and him there deliver to the said Keeper of the same, (together with this Precept.) Commanding also you, the aforesaid Keeper, to receive him into the said Gaol, and him there safely to keep untill he shall find such sufficient Security as aforesad. Hereof fail not at your perils. Given under my hand and seal at, &c.
Causes for the Good behaviour.
Threaten to hurt any in the body, of ill name and First Assignavimus in the Commission of the Peace. 34 E. 3. c. 1. Dalt. 290. to p. 297. Either of these are sufficient. fame, and of very lewd life and conversations, or common Barterer, or common Rioter, or common breaker of the Peace, or common Alehouse-haunter, or common Drunkard, or common Swearer, or common Woodstealer, or do keep a common Stew or Bawdyhouse, or common Hedge-breaker, or common Talebearer, or common Slanderer, or common Libeller, or common Whoremonger, or common Whores, or common sowers of Discord, a maker of strife amongst his Neighbours, or common Night-walker, common Cheater, or common Companions of Thieves, or common Messenger for Thieves, or common Pilferers, or commonly suspected to be Thieves, or do commonly practice Poysoning, or common Eve-droppers, or are commonly suspected of Incontinency, [Page 54] or common harberers and entertainers of Whores, Rogues, or Thieves, or common Robbers of Orchards, or have sold Ale or Beer without Licence, and contrary to the Command of the Iustice of the Peace, or are Idle persons, wandring up and down, fare well and spend much in Alehouses, and have no known and visible Estate to maintain it, or that A. B. hath begotten a Bastard Child on the Body of C. and is like to be chargeable to the Parish, or hath a hand in sending away the reputed Father of a Bastard Child then left to the Charge of the Parish, &c.
Another Warrant for Good behaviour.
K. ss. FOrasmuch as we have been credibly informed that A. B. of your Town of C. &c. is a man of Evil behaviour, and one that dayly moveth discord between his Neighbours, and a common disturber of His Majestie's Peace. These are therefore (in His Majestie's name) to charge and command you and every of you, that immediately upon the sight hereof you bring before me (or some other of His Majestie's Justices of the Peace of the said County) the Body of the said A. B. to answer such matters as on His Majestie's behalf shall be objected against him by C. D. and also that you require him to bring sureties for his Good behaviour untill the next Sessions. And hereof fail not. Given under, &c.
A Mittimus to the Gaol for one that refuses to find Sureties for his Good behaviour.
Kent ss. I Send herewithall the Body of A. B. Lamb. 120. 1 Iustice. of, &c. for that he refuseth to find sufficient Sureties to be of Good behaviour towards His Majesty and all His liege▪ people, and to appear at the next general Sessions of the Peace to be holden for this County at M. aforesaid, straightly charging and commanding you in the name of our said sovereign Lord the King to receive him the said A. B. into safe custody, and him safely to keep in the said Gaol untill he shall find sufficient Sureties as aforesaid. Hereof fail not at your perils. Given under, &c.
A Supersedeas for the Good behaviour.
Kent ss. FOrasmuch as A. B. of C. in theCrompt. 237. County of K. aforesaid, Yeoman, hath personally come before me, and hath found sufficient Sureties, That is to say, C. D. of F. in the said County, Yeoman, and E. F. of G. in the County aforesaid, Gent. either of the which hath undertaken for the aforesaid A. B. under the pain of 10 l. and the said A. B. hath undertaken for himself under the pain of 20 l. that he shall well, uprightly and honestly behave himself as well towards His said Majesty as towards all his liege people, and especially towards C. D. of K. in the said County, Yeoman, And that he will personally appear at the next Quarter Sessions to be holden in the said County of K. These are therefore to command you (in His Majestie's name) that you utterly surcease to molest, arrest, trouble, or imprison the said A. B. for the said occasion, And that if you have for the said occasion, (and for no other) taken and imprisoned him, That then you do cause him to be delivered and set at liberty without farther delay. Hereof fail not at your perils. Given under my hand and seal, &c.
A Recognizance thereupon.
Kanc. ss. MEmorandum, Quod primo die5 E. 6. c. 25. Two Justices, one of the Quorum. Observe to bind the Principal in 20. li. and each of the Sureties in 10 li. Octobris, Anno Regni Domini Caroli Secundi, Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensoris, &c. vicesimo nono, apud C. in Com' praedict' A. B. de, &c. D. E. de, &c. & F. G. de, &c. personaliter venerunt coram nobis H. J. & K. L. Iustic▪ dicti Domini Regis ad pacem in Com' praedicto conservand' assignat', & recognoverunt se debere dicto Domino Regi modo & forma sequen', viz. praedict' A. B. viginti libras legalis monetae Angliae, & uterque praedictorum D. E. & F. G. decem libras consimilis monetae, separalit' levand' de separalibus bonis & catallis, terris & tenementis suis, ad opus & usum dicti Domini Regis, haered' & successorum suorum, si defalt' fieret in performatione Conditionis sequen'.
A Condition of a Recognizance for the same.
THe Condition of this Recognizance is such, That if the within bound A. B. do personally appear before His Majestie's Justices assigned to keep His Peace in the within named County of K. at the If at the Assizes, then say, at the next Assizes and general Gaol-delivery to be holden for the said County, to doe and receive, &c. next general Assizes of the Peace to be holden for the said County at T. in the County aforesaid, to doe and receive what by the Court there shall be then and there enjoyned; and shall in the mean time be of Good behaviour towards our Sovereign [Page 58] Lord the King and all His liege people; That then this Recognizance shall be void, or else it shall stand in full sorce.
Another Condition.
The Condition of this Recognizance is such, That if the within bound A. B. do personally appear at the next general Sessions of the Peace of K. and M. in the County aforesaid, then and there to doe and receive as by the said Court shall be enjoyned; and do in the mean time keep His Majestie's Peace towards His Majesty and all His liege people, and especially to T. A. of C. within written; That then this Recognizance shall be void, or else to stand in full force.
Another Condition.
The Condition of this Recognizance is such, That if the within bound A. B. do personally appear before His Majestie's Justices assigned to keep His Peace in the within named County of K. at the next general Sessions of the Peace to be holden for the said County at M. in the County aforesaid, to doe and receive what by the Court there shall be then and there enjoyned; and shall in the mean time be of Good behaviour towards our Sovereign Lord the King and all His liege people; That then this Recognizance shall be void, or else it shall stand in full force.
Bridges.
A Warrant to a Hundred for Assessing a proportionable Rate of a Tax (appointed by the Body of the County) towards repair of the County Bridges.
Kent. ss. WHereas several common Bridges of the said County were much out of repair, The charges of Reparations whereof was estimated to amount to 750 li. which were ordered to be repaired by the Body of the County aforesaid, The proportionable part whereof to be born by the Hundred aforesaid do amount unto 20 li. These are therefore (by virtue of His Majestie's Commission of Oyer and Terminer) to us and others (on that behalf) directed (under the great Seal of England) To command you (the said Constable and Borsholders) sorthwith equally to assess and tax the said Hundred by a pound rate upon all Lands, Tenements, Goods and Chattels (both real and personal) within the Limits, Circuits and Bounds of the Hundred aforesaid (as hath usually been done within the said Hundred (for publick Taxes,) And that you do collect and gather the same so that you may have the same ready in the hands of you [Page 60] the aforesaid Constables within one and twenty days next after your receit of this Precept (to be paid and disposed of) for and towards the purpose aforesaid as we some or one of us shall (for that purpose) direct; And in case of refusal or neglect of any person or persons to pay his, her or their proportion or proportions of the said money (so by you assessed and taxed) within one week next after demand thereof, that then you some or one of you do cause the said person or persons (so refusing or neglecting) to come before us some or one of us to be bound over (according to an Order by the said Commissioners in that behalf made) to appear at the next general Assizes or Quarter-Sessions for this Western Division of the said County which shall next happen after such refusal or neglect to answer the same: and you are hereby further required to make known unto us some or one of us (with all convenient speed next after the end of the aforesaid one and twenty days) what you have done in execution of this Precept. Given under our hands and seals the second day of May, 1681.
A Warrant to make a Tax for County Bridges repaired.
Kent. ss. WHereas the usual BridgesIn allusion to the Statute of 22 Hen. 8. cap. 5. I conceive it fit to have 4. Iustices, whereof 1 of the Quor. of, &c. within the said County were lately in great decay and unrepaired, and by an Order made at C. &c. the said Decays and Irreparations were ordered to be mended at the Charges of the said County, and have lately been amended accordingly, the proportionable part of which said Charge thought fit to be imposed upon this Division doth amount unto, &c. of lawfull money of England, and the proportionable part of the same thought fit to be imposed upon the said Hundred doth amount unto, &c. of like money: These are therefore (in His Majestie's name) to command you the said Constable and Inhabitants, that you, or any three of you at the least, (whereof you the said Constable to be one) do forthwith (after publick notice before given, as is usual in other Taxations) make a Taxation of all and every the Inhabitants of the said Hundred as in such cases.
A Warrant to collect a Tax for repairing County Bridges.
Kent ss. THese are (in His Majestie'sIn allusion to the Statute of 22 H. 8. cap. 5. I conceive it fit to have 4 Iustices whereof one of the Quorum. name) to command you, That you do forthwith collect and gather the several summs of money (specified in the Taxation herewithall delivered unto you) of the several persons therein mentioned to be taxed upon them for the purpose in the said Taxation specified, and that you do pay the same unto R. T. (whom we have appointed general Receiver of the moneys raised for the purpose aforesaid within this Division of the several Hundreds) on or before the second day of May, (deducting out of the same onely 5 s.) as by us allowed unto you for and towards your pains in collecting and paying in of the same, and in case of refusal or neglect of payment of any of the said parties so taxed of the moneys taxed upon them as aforesaid (after demand made thereof by you or either of you) that then you do certify unto us, or some or one of us, the names of the said persons so refusing or neglecting,When moneys received as much as you can get. with all convenient speed, to the end that such farther proceeding may be had thereupon as to Justice doth appertain. Given under our hands and seals at, &c.
A Warrant for not paying the same.
Kent ss. FOrasmuch as complaint hath been made unto us by R. T. &c. (by us appointed collectors and gatherers of the moneys imposed upon the said Hundred for and towards the reparations of the several Bridges of D. in the said County) that the several persons (whose names are here under written) have refused to pay unto them the several summs of money adjoyned to their several names (being taxed upon them for the purpose aforesaid) although the same have been duly demanded of them: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do cause the said several persons to come before us, or one of us, or some other Justice of the Peace of the said County to answer the premisses, and farther to doe and receive as to Justice doth appertain, unless they shall forthwith pay the said moneys unto you, some or one of you, which if they shall so doe, that then you (so receiving the same) do forthwith pay the said moneys so received unto the said R. T. &c. or one of them, to the end that the same may be byAs aforesaid. them paid over to the general Receiver of the moneys raised for the purpose aforesaid by us formerly appointed. Hereof fail not at your perils. Given under our hands and seals at, &c.
Carriages for the King.
A Warrant to provide Carriages.
Kent ss. WHereas we have (by Warrant13 Car. 2. cap. 8. 2 Iustices. from the Green-cloath) received notice to provide Carts and Carriages from the places adjacent for the present service of His Majesty, (according to the form of the Statute in that case made and provided:) These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do cause four sufficient Carriages within the said Hundred (each Carriage to consist of four able Horses, or six Oxen, or four Oxen and two Horses) to be and attend for the service aforesaid at B. in the said County upon the first of April next ensuing at eight of the clock in the forenoon of the same day. Hereof fail not at your perils. Given under our hands and seals the, &c.
Another Warrant for providing of Carriages for the King's use.
Kent ss WHereas we have received13 Car. 2. cap. 8. 2 Iustices. notice in writing by Warrant under the hands and seals ofLord High Admiral of England, or 2 more of the principal Officers or Commissioners of His Majestie's Navy, or Master of His Majestie's Ordnance, or Lieutenants of His Majestie's Ordnance for providing of Carriages for the service of His MajestyService of the Navy or Ordnance. These are therefore (in His Majestie's name) to require you, and every of you, that you, some or one of you, do cause to be sent to A. ten Carriages on the second day of May next furnished with Horses or Oxen sufficient for the said service. Hereof fail not at your perils. Given under our hands and seals the, &c.
A Warrant to levy the Penalty for not appearing with Carriages for the King upon notice.
Kent ss. FOr as much as it hath been duly13 Car. 2. cap. 8. 2 Iustices, by oath of the Officer or two credible Witnesses. proved before us, That B. C. of C. &c. having had reasonable notice to bring one Carriage to T. upon the first day of May last for the service of his Majestie's Ordnance, (according to the form of the Statute in that behalf lately made) hath Refuse or wilfully neglect. wilfully neglected so to doe, by which he hath forfeited forty shillings (to the King's Majestie's use:) These are therefore (in His Majestie's name) to require you, and every of you, that you, some or one of you, do demand of the said B. C. (to His Majestie's use) the aforesaid forty shillings; and in default of payment upon demand, that then you, some or one of you, do forthwith levy the aforesaid forty shillings (to the use aforesaid) by Distress and Sale of the Goods and Chattels of the said B. C. rendring to him the overplus upon such Sale, (if there shall be any, the charge of Distraining being first deducted.) Hereof fail not at your perils. Given under our hands and seals the, &c.
A Mittimus for one that doth impress or take away any Cart or other thing from the Owner, under pretence of power from the Greencloath for Carriage of His Majestie's Provisions, without lawfull Authority.
K. ss. FOr as much as it hath been made appear unto me, upon (the complaint of A. B. of, &c. in the County aforesaid) That C. D. of E. hath impressed a Cart for Carriage of His Majestie's Provisions without consent of the Owner, on pretence or colour of a Warrant from the Green-cloath, (contrary to the intent of the Statute in that case made and provided:) These are therefore (in His Majestie's name) at the request of the said A. B. to will and require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said C. D. and him deliver to the said Keeper of the Gaol aforesaid, (together with this Precept.) Requiring and commanding also you, the said Keeper, to receive the said C. D. into the Gaol aforesaid, and him there safely to keep untill the next Sessions. And thereof neither you nor any of you are to fail at your perils. Given under my hand and seal the second day of May in the 31. year of the Reign of our Sovereign Lord Charles the Second, &c.
Certificates.
A Certificate from the Minister and chief Inhabitants of the Parish of a man's Honesty.
K. ss. WE I. [...]. Minister of the Word of God in the Parish of S. in the said County of Kent, I. B. of S. aforesaid Constable of the Hundred of S. wherein the said Parish standeth, I. B. and G. C. Churchwardens of the said Parish, W. V. T. L. T. W. A. W. T. I. and E. H. &c. of the said Parish, and most of us Freeholders within the same, Do hereby certify to all to whom it shall concern, That A. B. one of the Inhabitants of the said Parish of S. is, and by the space of five years last past, hath been a Householder within the said Parish, and by all that time hath behaved himself and lived in good sort, and reputed a man of honest Conversation, and hath paid according to his degree all manner of Scots and Assesments as other the Inhabitants of the said Parish have done. In witness whereof we have hereunto set our hands the ninth day of May, 1681.
A Certificate for continuing of an Alehouse-keeper.
WE whose names are hereunto subscribed, Inhabitants of the Parish of H. within the Division and County aforesaid, do humbly certify, That the now Dwelling-house of A. B. Victualler is conveniently situated there for a Victualling-house, and that he is of good name and fame, and the said House is well accommodated for entertainment of Travellers, and that he keepeth good Rule therein; And therefore we humbly desire your Worships that his Licence for keeping the said Victuallinghouse there may be continued.
A Certificate for the time of the Birth of a Child.
THese are to certify your Worships, That A. B. Son of E. B. Widow, was born in the month of August, in the year of our Lord God 1679. in the Parish of R. in the County of B. about the latter end of the month. In witness whereof we, the Neighbours and Godmother of the said Child, who were present at the birth of the said Child, are ready to testify the same when your Worships shall please to require it, and have hereunto set our hands this 30th day of November, Anno Dom. 1679.
A Certificate for one that hath not been touched of the Evil.
WE the Rector and Ancient Inhabitants of the Parish of A. in the County of B. whose names are hereunto subscribed, do upon good Information certify, that C. D. the Son or Daughter. of E. F. of the Parish aforesaid hath not as yet been touched for the Distemper commonly called the Evil. Given under our hands, and seals this 10th day of March, Anno (que) Dom. 1680.
Chimney-money.
A Mittimus for disturbing a Collectour.
K. ss. FOr as much as it hath been duly proved before me, That A. B. an Officer duly appointed to receive, collect and answer the Duty arising by Fire-hearths and Stoves in this County, (according to an Act of Parliament, intituled An Act for collecting the Duty arising by Hearth-money by Officers to be appointed [Page 71] by his Majesty) hath been violently opposed or injured. (in the due Execution of the said Act) by C. D. These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep by the space of for any time (not exceeding a month.) next after such delivery of him unto you. Hereof fail not at your perils. Given under my hand and seal the, &c.
Church.
For not coming to Church.
Kent. ss. FOr as much as I have received1 Eliz. c. 2. 3 Iac. c. 2. 14 Car. 2. cap. 4. 1 Iustice of that Division. 1 Witness within a month after default made. Information, That B. C. of D. in the County aforesaid, &c. did not upon any of the, &c. Sundays last past resort or repair to any Church, or Chapel, or other usual place appointed for Common Prayer, and there hear Divine Service, (according to the form of the Statute in that behalf made:) These are therefore (in His Majestie's name) to will and require you, that you, some or one of you, do cause the said B. C. to come before me, to answer the premisses. Hereof fail not at your perils. G [...]ven under my hand and seal the, &c.
To levy the Forfeiture for not coming to Church.
Kent. ss. FOr as much as B. C. of D. aforesaid,1 Eliz. c. 2. 3 Iac. c. 4. 14 Car. 2. cap. 4. 1 Iustice of that Division, &c. &c. did not upon Sunday the second day of May, nor upon Sunday then next following, nor upon Sunday then next following, resort or repair to any Church, Chapel, or other usual place appointed for Common Prayer, and there hear Divine Service, (according to the form of the Statute in that behalf made) and being called before me, did not make sufficient excuse of his said defaults to my satisfaction: These are therefore (in His Majestie's name) to will and require you, that you, or one of you, do levy by Distress and Sale of the Goods of the said B. C. three shillings for his defaults aforesaid, to be1 s. per Sunday. imployed to and for the use of the Poor of the said Parish, (rendring to him the overplus of the money raised of the Goods aforesaid so to be sold;) and in default of such Distress, that you do certify me thereof with all convenient speed, to the end I may further proceed therein as to Justice doth appertain. Hereof, fail not at your perils. Given under my hand and seal the, &c.
A Mittimus to the Gaol of one not repairing to Church (for want of Distress.)
Kent ss. WHereas (by Warrant under1 Eliz. c. 2. 3 Iac. c. 4. 14 Car. 2. cap. 4. 1 Iustice of that Division. my hand and seal) the Church-wardens of the Parish of A. in the said County were lately by me commanded to levy three shillings by Distress and Sale of the Goods of B. C. of the Parish of A. in the said County, (to be imployed to and for the use of the Poor of that Parish) for that he did not upon Sunday the second day of May, nor upon Sunday then next following, nor upon Sunday then next following, resort or repair to any Church, Chapel, or other usual place appointed for Common Prayer, and there hear Divine Service, (according to the form of the Statute in that behalf made;) and the Churchwardens aforesaid have returned to me, that the said B. C. hath no Goods or Chattels sufficient for the levying of the moneys aforesaid: These are therefore (in His Majestie's name) to will and require you, that you, some or one of you, do take the aforesaid B. C. and him safely convey to His Majestie's Gaol aforesaid, and him there deliver to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep, untill payment shall be made of the moneys [Page 74] aforesaid. Hereof fail not at your perils. Given under my hand and seal the, &c.
To Distrain for a Church-Tax.
Kent ss. FOr as much as complaint hath been by you made unto us, That the several persons hereunder named have refused or neglected to pay unto you the summs of money adjoyning to their several names, being assessed upon them for and towards the reparation and maintenance of the Parish-Church of H. aforesaid and other Church-duties, and for doing and performing such things as by an Ordinance of Parliament (made the 9th day of Febr. in the year of our Lord one thousand six hundred forty seven) are appointed to be done at the charge of the said Parish: These are therefore (in His Majesties name) to command you, that you, some or one of you, do levy the said several and respective summs of money by Distress and Sale of the several and respective Goods of the said several and respective Offenders, and likewise the summ of 2 s. more of every of them, for and towards the charge and expence in levying of the same, rendring to the said several and respective parties the overplus (if any be;) And in default of such Distress, that then you, or one of you, do certify the same unto us, to the end that there may be such farther and other proceedings touching the premisses as to Justice doth appertain. Given under our hands and seals at H. aforesaid the 17th day of May, Anno Domini 1679. Annoque Regni Regis Caroli Secundi 31.
Against a Minister for not reading Prayers, &c. once in a month.
Kent▪ ss. FOr as much as it hath been duly13 & 14 Car. 2. c. 4. 2 Iustices. Confession, or 2 Witnesses. proved before us, That A. B, the proper Incumbent of theParsonage, Vicarage, or Benefice with Cure. The Ordinary may allow an Impediment. in the County aforesaid, doth reside on his Living and keep a Curate, and hath not himself in person within one month now last past openly and publickly read the Common Prayers in and by the Book prescribed (by the Statute made in the thirteenth year of His now Majestie's Reign, intituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of making, ordaining and consecrating Bishops, Priests and Deacons in the Church of England) in the Parish-Church of C. to the said Parishioners in such order, manner and form as in and by the said Book is appointed, whereby he hath (by virtue of the Statute aforesaid) forfeited five pounds to the use of the Poor of the Parish aforesaid: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, or some of you, do demand of the said A. B. the aforesaid five pounds to the use of the Poor aforesaid; and in default of payment thereof within ten days after such demand, that you, or some of you, do levy the same by Distress and Sale of the Goods and Chattels of the said A. B. rendring to him the surplusage. Hereof [...]ail not [Page 76] at your perils. Given under our hands and seals the, &c.
The like Warrant (mutatis mutandis) if he do not (if there be occasion) administer each of the Sacraments, and other Rites of the Church, once in every month.
A Mittimus for Preaching whilst Disabled.
K. ss. FOr as much as we have received a13 & 14 Car. 2. c. 4. 2 Iustices. Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate, That A. B. being (by virtue of the Statute in that behalf made) disabledSermon or Lecture. to preach any Sermon, did, during the time that he did continue and remain so disabled, preach a Sermon in the Parish-Church of T. aforesaid, (against the form of the Statute: These are therefore (in His Majestie's name) to will and require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him convey to the Gaol aforesaid, and there deliver him to the said Keeper thereof, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the Gaol aforesaid, and him there safely to keep by the space of three months, (without Bail or Mainprise.) Hereof fail not at your perils. Given under our hands, &c.
Coals.
Upon Complaint touching Coals.
Kent ss. THese are (in His Majestie's16 & 17 Car. 2. c. 2. 2 Iustices. name) to require you to cause A. B. of, &c. to come before us at the house of, &c. to answer such Complaint against him for Offences against an Act of Parliament lately made (intituled, An Act for the regulating the measures and prices of Coals) as hath lately been made unto us, and farther to doe and receive as to Justice doth appertain. Hereof fail not at your perils. Given under our hands and seals the, &c.
For delivering a Moiety of such Coals as are sold contrary to the Statute to the Informer.
Kent ss. FOr as much as A. B. of, &c. is16 & 17 Car. 2. c. 2. 2 Iustices. Sea-coals brought into the Thames must be sold by the Chauldro [...] containing 36 bushels heaped up, according to the Bushel sealed at Guild-hall, London: And Scotchcoals and other Coals (sold by weight) after the proportion of 112 li. to the hundred (of Avoirdupois weight) without fallacy or deceit. duly convicted before us, (according to the form of the Statute in that behalf made, intituled, An Act for regulating the measures and prices of Coals) That hesold or exposed to Sale. Half to the person prosecuting or complaining. Parish where the Offence committed, or any other adjoyning Parish or Parishes. did lately expose to sale forty Chauldron of Coals of the value of, &c. (contrary to the form of the Statute aforesaid:) These are therefore (in His Majestie's name) to will and require you [Page 78] to seize the Coals aforesaid, and the double value thereof; and that you do deliver the one half of the Coals and value aforesaid unto C. D. (being the person prosecuting in this behalf) to his use, and likewise that you do imploy and dispose the other half of the same to and for the use of the Poor, or Repairing of the High-ways of the Parish of M. where the said Offence was committed. Hereof fail not at your perils. Given under our hands and seals the, &c.
Touching Prices of Coals.
Kent ss. FOr as much as (according to an16 & 17 Car. 2. c. 2. 3 Iustices of the Quorum. Act of Parliament lately made, intituled, An Act for regulating the measures and prices of Coals) we did appoint and judge reasonable, that Coals coming into the River of Thames within this County, and sold by retail, should be sold at the rate and price of, &c. by the Chauldron; And forasmuch as A. B. anIngrosser or Retailer. of such Coals doth refuse to sell as a [...]oresaid: We do therefore (according to the said Act) appoint and impower C. D. and E. F. joyntly or severally, to enter into the saidWharf or place where the Coals are stored up. where the said Coals are stored up, (and in case of refusal to take a Constable to force entrance; which Constable is hereby required [Page 79] to act accordingly.) And you the said C. D. and E. F. joyntly and severally, are hereby farther appointed and impowered the said Coals to sell, or cause to be sold, at the rate aforesaid, (rendring to the said A. B. the money for which the said Coals shall be sold, necessary charges being deducted.) For all which this shall be your sufficient Warrant. Given under our hands and seals the, &c.
Constables Charges.
A Warrant for making of Constables.
THese are (in His Majestie's name) to charge and command you to make your2 Iustices. repair unto us, or to some other Justice of Peace of this County, to take the Oath of a Constable to serve His Majesty within the Town of A. (If not chosen at the Leet this Clause is to be omitted. according to the Choice made of you by the Jury at the last Leet holden in your Town) And hereof fail not. Dated, &c.
Or thus,
WHere [...]s A. B. of your Town of C. the now Constable thereof, is by reason of his Age and Impotency very unable and insufficient to execute the said Place: These are (in His Majestie's name) to charge and [Page 80] command you, whose names are hereabove written, to come and appear before me at my house at H. to morrow being Thursday by eight a Clock in the morning, that I may make Choice of one of you to be sworn to undertake the said Office. And hereof fail not, &c.
A Warrant for a Tax for the Constable's Charges in the Execution of his Office.
Kent ss. FOr as much as we are informedI conceive that it is fit to have 2 Iustices, and one of them of the Quorum. Dalt. 165. by A. B. Constable of the Hundred of D. in the County aforesaid, That he hath necessarily disbursed (for and on the behalf of the Inhabitants of the said Hundred, in the Execution of his said Office in and about the Service of His Majesty) several summs of money, and (for his Reimbursement of the same) hath craved from us such assistance as hath been in such cases accustomed: These are therefore (in His Majestie's name) to require and authorize you the Inhabitants of the Hundred aforesaid, whose names are hereunder written, or the greater number of you, to take and examine the Accompt of the said Constable touching the premisses; and for his Reimbursement of such money (as you or the greater number of you shall find upon the said Accompt to have been by him so necessarily disbursed as aforesaid,) that you or the greater number of you do forthwith make a Tax or Assessment of and upon all and every the Inhabitants of the said Hundred, in such manner as hath formerly in such cases been accustomed within the same; and to authorize you, the [Page 81] said Constable, to demand, collect, and gather the said money so taxed and assessed; and in case of refusal of payment thereof unto you, that then you do return unto us, (or some other of His Majestie's Justices of the Peace of the said County) the names of the persons so refusing, to the end that they may be farther proceeded against for the same as to Justice doth appertain. Hereof fail not, &c. Given under our hands and seals at, &c. the, &c.
To A. B. C. D. E. F. G. H. I. K. L. M. and N. O.
To appear and shew cause for their not paying the said Charges.
Kent ss. These are (in His Majestie's name)I think 2 Iustices best, Quorum 1. to command you, that you, some or one of you, do cause the several persons whose names are hereunder written to come before some or one of us at the house of T. N. Inn-holder at the George Inn, &c. in the [...]aid County the fifth day of Iune next ensuing, at nine of the clock in the forenoon of the same day, to shew cause why they did not pay unto A. B. late Constable of the said Hundred, the several summs of money hereunder mentioned, added to their several names, and severally assessed upon them, for and towards his Reimbursement of moneys by him necessarily laid out, (for and upon the behalf of the Inhabitants of the said Hundred in the Execution of his said Office in and about the Service of His Majesty) [Page 82] and farther to doe and receive as to Justice doth appertain. Hereof fail not at your perils. Given under our hands and seals at H. the first day of Iune 1679, &c.
For refusing to appear to shew Cause for not paying the said Charges.
Kent ss. FOrasmuch as the several personsBest 2 Iustices, Quorum unus. here-under named were (by virtue of a Warrant to you directed under the hands and seals of us A. B. &c. His Majestie's Justices of the Peace of the County aforesaid) warned to come before us, or some of us, this present day, &c. in the said County, to shew cause why they did not pay unto A. B. late Constable of the said Hundred, the several summs of money hereunder mentioned, (added to their several names, and severally assessed upon them, towards his Reimbursment for his necessary Disbursements for and on the behalf of the Inhabitants of the said Hundred, in the Execution of his said Office in and about the Service of His Majesty) yet the aforesaid persons have refused so to come, or to pay the moneys aforesaid: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do bring the aforesaid persons before us, or one of us, and other His Majestie's Justices of the Peace of the said County, at the house of, &c. in, &c. upon Monday the fifth day of May, at nine of the clock in the forenoon of the same, to shew cause why [Page 83] they do not pay they said moneys, and farther to doe and receive as to Justice doth appertain, (unless they shall pay the moneys aforesaid.) Hereof fail not at your perils. Given under our hands and seals at, &c.
To levy the Charges upon their refusing to pay the same.
Kent ss. FOrasmuch as (upon your Complaint)14 Car. 2. 2 Iustices. it appeareth unto us, That the several persons hereunder named have refused to pay unto you the several summs hereunder specified, and severally added to their several names, assessed on them (according to the form of the Statute lately made) towards your Reimbursement of such moneys as you have disbursed in and about the Execution of your said Office, (according to the Statute aforesaid:) These are therefore to require and authorize you, to levey the said several and respective summs so assessed upon the said respective persons so refusing to pay the same, (rendring the overplus to the owners, if any shall be.) Given under our hands and seals the, &c.
- A. B. 11 s.
- C. D. 13 s. &c.
A Condition of a Recognizance to appear and answer the not paying the same at next Sessions.
THe Condition of this Recognizance isSee Title Recognizances. such, That whereas the within bound C. D. hath refused to pay to A. B. late Constable of the Hundred of D. in the within named County of K. assessed upon him the said C. D. (for and towards the Reimbursement of the said late Constable of moneys by him necessarily laid out for and on the behalf of the Inhabitants of the said Hundred, in Execution of his said Office in and about the Service of His Majesty:) If therefore the said C. D. do personally appear before his Majestie's Justices assigned to keep the Peace in the said County at the next general Sessions of the Peace to be holden for the said County at T. in the County aforesaid, to doe and receive what by the said Court shall be enjoyned touching the premisses; That then this Recognizance shall be void, or else it shall stand in full force.
A Warrant for levying 3 s. 4 d. upon a Constable for neglect of his Duty, in giving an account of Rogues, Vagabonds, &c.
Kent ss. FOrasmuch as at our Assembly at7 Iac. c. 4. A. the second day of Iune last, [Page 85] for the adjusting the accounts of the under Constable, according to a Statute made in the reign of King Iames touching Rogues and Wanderers, A. B. of H. aforesaid, was fined at 3 s. 4 d. for being negligent in his Office, and refusing to make such account as by the said Statute is appointed: These are therefore (in His Majestie's name) to will and require you, that some or one of you, do forthwith upon the receipt hereof demand of the said T. C. the said Fine, and if he shall refuse or neglect to pay the same unto you within three days, that then you do immediately levy the said 3 s. 4. d. by Distress and Sale of his Goods and Chattels, rendring unto him the overplus thereof, if any such shall remain. And lastly, that one of you the chief Constables do pay the same unto the now Treasurer of the Marshalsey, at or before the next Quarter Sessions of the Peace to be holden at B. for these parts, and this shall be your sufficient Warrant in that behalf. Given under our hands, &c.
A Warrant to sell the Goods of an Offender that refuseth to bear his own Charges to the Gaol.
Kent ss. FOrasmuch as Complaint hath3 Iac. 10. 1 Iustice. He that committed him. For any offence or misdemeanour. Must bear the charges of himself and of those appointed to guard him thither; or that shall so guard him thither. If the Offender be unable to bear his Charges the Parishoners must do it. been made unto me by the Parishioners of C. in the said County, That whereas A. B. being apprehended in the said Parish upon suspicion of Felony, and by my Warrant for that cause sent from thence to His [Page 86] Majestie's Gaol for the said County at Maidstone in the County aforesaid, the charges of the said Parishioners in conveying and guarding him to the said Gaol did amount to ten shillings, and the said A. B. hath refused to bear the same; And forasmuch as I am credibly informed that the said A. B. hath Goods and Chattels within the Parish of D. in the County aforesaid sufficient to defray the said Charges: These are therefore (in His Majestie's name) to command you, and every of you, to seize so much of the said Goods and Chattels as shall be sufficient to defray the Charges aforesaid, and to cause Apprisement to be made thereof by four of the honest Inhabitants of the said Parish of D. where the Goods are; And that you do after the said Apprisement sell the said Goods, and that out of the moneys arising of the said Sale you do pay over unto the Parishioners of A. aforesaid the aforesaid ten shillings, delivering unto the said A. B. the overplus arising of the said Sale. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant to make a Tax for conveying a Felon to the Gaol.
Kent ss. FOrasmuch as A. B. Constable of the Hundred aforesaid hath made Complaint unto us that you refuse to make a Tax or Scot in the said Parish, for conveying of C. D. of, &c. lately attached for Felony in the said Parish to the Gaol, not having of his own to bear his Charges thither: These are therefore (in His Majestie's name) to will and command you forthwith to make a Tax or Scot for the discharge of such moneys as the said Complainant hath been at in the premisses, or to come before us or some of us, at the house of, &c. (sale die.) And then and there to shew cause why you do not so do. Hereof fail not &c.
Conventicles.
A Condition of a Recognizance in caseSee Title Recognizances. of an Appeal made touching Conventicles.
THe Condition of this Recognizance is such, That whereas R. G. of R. in the within named County of Kent, Gentleman, [Page 88] was lately convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish-Church of Sandherst within written, (under pretence of exercise of Religion in other manner then according to the Liturgy and practice of the Church of England, against the form of the Statute lately made to prevent and suppress Seditious Conventicles) and had therefore (according to the Statute aforesaid) forfeited the summe of twenty pounds; And for that (in the judgments of the said Justices) they did think the said R. G. unable to pay the said summe of twenty pounds, they did therefore (by their discretions) adjudge five pounds thereof to be levied by Distress and Sale of the Goods and Chattels of the within bound W. W. who was also (according to the said Statute) convicted of being present at the said Assembly, (contrary to the Statute aforesaid:) And whereas the said W. W. was also by the said Justices convicted, for that he at the time of the said Assembly was one of the Churchwardens of the said Parish, and knowing the said Assembly to be holden within the same, did not give information thereof to any Justice of the Peace, nor endeavour the Conviction of the parties which were at the said Assembly, nor of any of them, (according to the duty of his said Office) but wittingly and willingly did omit the performance of his Office aforesaid in the execution of the said Statute, (against the form of the same) by which he forfeited the summe of five pounds: And the said two several summs of five pounds have (by Warrant of the said Justices) been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written [Page 89] appealed from the Justices aforesaid to the judgment of the Justices of the Peace of the said County in their next Quarter-Sessions: If therefore the said W. W. do prosecute the said Appeal (with effect,) that then this Recognizance shall be void, or else it shall stand in full force.
And forasmuch also as the aforesaid Wife ofWhere Offender is a Feme-Covert, levy upon her Husband. the said S. B. is a Feme-Covert cohabiting with the said S. B. (her Husband;) These are therefore, &c. (prout, &c.) forthwith to levy the aforesaid five shillings (so imposed upon her as aforesaid) by Distress, &c. (prout, &c.)
And forasmuch as a man unknown did thenWhere Teacher is a man unknown. and there take upon him to preach or teach, (prout the Record) you may levy twenty pound upon any the Offenders as in your judgment shall seem fit.
A Record of a Conventicle.
K. st. MEmorandum, That upon the tenth22 Car. 2. Regis, c. 1. 2 Iustices. By Consession of the party, or Oath of witness, or notorious evidence of the fact. Assembly, Conventicle or Meeting. day of Iune in the 31. year of the Reign of our Sovereign Lord Charles the Second, (by the grace of God) of England; Scotland, France and Ireland King, Defender of the Faith, &c. it was (according to the form of an Act of Parliament in that behalf lately made, intituled, An Act to prevent and suppress Seditious Conventicles) duly proved to [Page 90] us, That A. B. being of the age of sixteen years and upwards, and a Subject of this Realm, was (upon the first day of Iune now last past, in the Parish of, &c.) present at T. in the said County, under under colour or pretence of exercise, &c. of exercise of Religion, in other manner than is allowed by the other then is allowed by the Liturgy or practice of the Church of England. Where five persons are present more than those of the same houshold. of the Church of England, (contrary to the Act aforesaid.) Of all which we have the day and year first above written made this Record under our hands and seals.
A Record concerning Conventicles where several persons are convicted.
Kanc. ss. MEmorandum, Quod J. S. de Sundrich in Com' praedict' Yeoman, Ed. W. de W. in Com' praed' Generosus, Maria uxor G. J. de parochia de E. in Com' praed' Husbandman, Eliz. Williard de Edenbridge praed' in Com' praed' vidua, J. B. de, &c. (cum multis aliis, in toto se attingen' ad numerum duodecim personarum,) & quilibet eorum, die Solis vicesimo sexto die Junii, Anno Regni Domini Regis nunc vicesimo secundo, ultra [...]tatem sexdecim annor' & subditi dicti Dom' Regis nun [...] existen', praed' 26. die Junii, Anno vicesimo secundo supradicto, insimul assemblaver' & praesentes fuer', & quilibet eor' praesens fuit, in domo mansionali ipsius Annae Pelham, viduae, in praed' parochia de Edenbridge in Com' praed' ad Conventiculum, sub colore exercitationis (Anglice [Page 91] exercise) Religionis in alio modo quam secund' Liturgiam & practicationem (Anglice practice) Ecclesiae Angliae (ad tunc & ibidem tent') contra formam Statuti praevenire & supprimere seditiosa Conventicula nuper edit' & provis.
Memorandum etiam, Quod (tempore & loco supradictis) praed' Johannes Stiles assumpsit super se docere in Conventiculo praed', & in eodem (adtun [...] & ibidem) docuit, contra formam Statuti praed'; Quódque praed' Anna Pelham vidua tempore supradicto scienter (Anglicè wittingly) & voluntarie permisit Conventiculum praedictum fore tenend' in domo mansionali sua praed', (etiam contra formam ejusdem Statuti.)
Record' quarum quidem separalium offensarumQuaere, if there must not be two Justices. Ego Willielmus Leche miles, (unus Iustic' dicti Domini Regis ad pacem suam in Com' suo pr [...]d' conservand' assign') cui (secundum formam & effectum Statuti praed') separales offens. praed' sic (ut praefertur) fore commiss. sufficient' apparuit, per praesentes sub manu & sigillo meo undecimo die Julii, Anno vicesimo secundo supradicto, apud Westerham praed' in Com' praed' feci. Praedictique Johannes Stiles, Edwardus Whitaker, praedict' Maria, uxor praed' Georgii Johnson, Eliz. Williard, Josephus Browne junior, Josephus Browne senior, Johannes Fletcher, Robertus Pelham, Anna Pelham vidua A. B. & Dorothea Pelham Spinster, de separalibus offensis suis (in Record' praedict' superius mentionat') per Recordum illud (virtute Statut' praed') plene & perfecte convicti sunt, & quilibet eorum inde separalit' plene & perfecte convict' est. Et ego praefat' Iusticiar' superinde (virtute Statut' praed') die, Anno & loco ultim' mentionat' Finem quinque solidor' super quemlibet offensor' (Anglicè Offenders) praed' sic (ut prefertur) ad Conventiculum [Page 92] praed' praesent' existen' (pro separali offensa sua praed') imposui. Praedictaque Anna Pelham vidua pro offensa sua praed', eo quod ipsa (ut praefertur) permisit Conventiculum praed' fore tenend' in domo mansionali sua praedicta, forisfecit summam viginti librar' (virtute Statuti praed'.) Praedictúsque Johannes Stiles pro offensa sua praed', eo quod ipse (ut praefertur) assumpsit super se docere in Conventiculo praedicto, & in eodem (ut praedictum est) docuit, forisfecit summam viginti librarum (virtute Statuti praed'.)
A Record of the Conviction of certain persons taken at a Conventicle.
Kanc. ss. MEmorandum, Quod S. B. de par. de C. &c. prout, &c. & quidam alius homo ignotus, (in toto se attingen. ad numerum octo personarum) & quilibet eorum, 3. die, &c. Anno, &c. ultra aetatem, &c. & subdit', &c. quorumque ad numerum quinque personarum non adtunc fuerunt de familia Roberti Kite de praedicta par' &c. in Com' praed' Mercer, (in praed' par' de Stapl.) eodem 3. die, &c. Anno, &c. insimul assemblaverunt & presentes fuerunt, & quilibet eorum praesens fuit, in domo mansionali ipsius Roberti Kite in praed' par' de Stapl. in Com' praed' (ad Assembl. sub colore, &c. prout, &c. & adtunc & adhuc in pleno robore existen'.)
Memorandum etiam, Quod praed. homo ignotus ad tunc & ibidem assumpsit super se docere in Ass. praed. & (ad tunc & ibidem) docuit, (etiam contra formam ejusdem Statut.)
Memorandum etiam, Quod praed. Robert. Kite tempore supradicto scienter (Angl. wittingly) [Page 93] & voluntarie permisit Ass. praed. fore tenend. in domo mansionali sua praed. (etiam contra formam Statuti praed.)
Record. quarum quidem separalium offensarum Nos J. H. Miles, W. C. S. B. & R. K. Arm. (Iustic. dicti Domini Regis ad pacem suam in Com. sua praed. cons. ass.) quibus (secundum formam & effectum Sta [...]uti praed.) separales offens. praed. sic (ut praefertur) fore commiss. sufficient. apparuit, per praesent. sub manibus & sigillis nostris 17. die Apr. Anno 27. supradicto apud C. praed. in Com. praed. fecimus. Praedictique Sam. Bates & praed. uxor ejus, Henr. Start, &c. Robert. Kite, & praed. homo ignot', de separalibus offens. suis in Recordo praed. superius spec. per Record. illud (virtute Stat. praed.) plene & perfecte convict. sunt, & quilibet eorum inde separalit. plene & perfecte convict. est. Et nos praefat. Iustificiarii superinde (virtute Stat praed.) die, anno & loco ultim. mentionat. super quemlibet offensorum (Anglice Offenders) praed. (sic ut praefertur ad Assembl. praed. praesent. existen.) pro separali offensa sua praed. Finem quinque solidorum imposuimus. Praedictúsque homo ignot. pro offensa sua praed', eo quod ipse (ut praefertur) assumpsit super se docere in Assembl. praed. & (adtunc & ibidem) docuit, forisfecit summam viginti librarum, (virtute Stat. praed'.) Praed. Robert. Kite pro offensa sua praed', eo quod ipse (ut praefertur) permisit. Ass. praed. fore tenend. in domo mansionali sua praed', forisfecit summam viginti librarum, (virtute Stat. illius.) Et quia (in judiciis nostris) putamus praed. H. Start fore pauperem & inhabilem solvere praed. finem quinque solid. super ipsum pro offensa sua praed. (eo quod ipse (ut praefertur) praesens fuit ad Ass. praed'. ut praefertur) impositum; Et eo [Page 94] quod praed. finis quinque sol. super praed. hominem ignot. (eo quod ipse (ut praefertur) praesens fuit ad Ass. praed', ut praefertur) imposit' de bonis & catallis suis levari non potest: Ideo (ex discretionibus nostris) praed. duos separales fines 5 sol. ult. mentionat. de bonis & catallis praed. C. B. qui (ut praefertur) ad Ass. praed. praesens fuit, nos praefat. Iusticiarii (apud Cr. praed. in Com. praed. eodem 17. die Apr. Anno 27. supradicto) levari adjudicavimus. Et quia praedictus homo qui (ut praefertur) assumpsit super se docere in Ass. praed', & adtunc & ibidem docuit, est extraneus, (Angl. a stranger) & nomen & habitatio sua incognit. exist'; Ideo (ex discr. nostris) praed. summam 20 li. per ipsum pro offens. sua praedicta (ut praefertur) forisfact', nos (praesat. Iusticiarii, die, anno & loco ult. mentionat.) de bonis & catallis separalium personarum hic postea mentionat. levari adjudicavimus modo & forma sequen'; videlicet de bonis & catallis praed. J. B. qui, &c. (prout, &c.) 9 li. & 10 s. inde, & de bonis & catallis praed. C. B. qui etiam, &c. (prout, &c.) 40 s. inde, & de bonis, &c. praed. R. C. qui etiam, &c. (prout, &c.) 100 s. (inde resid',) &c. ut in Recordo.
In quarum omnium rerum test. nos praefat. Iustic. (die, anno & loco ult. mentionat.) man. & sigill [...] nostr. praesentibus opposuimus.
Memorial of a Record of a Conventicle.
Kent ss. A Memorial of the Account of the Moneys mentioned in the Record certified at the Quarter-Sessions of the Peace holden for the said County at Maidstone in the County aforesaid, (on Tuesday next after the Close of Easter, 1679.) by Sir I. H. Knight, W. C. S. B. and R. K. Esquires, (four of His Majestie's Justices of the Peace of the said County) forfeited (as in the said Record is mentioned) in an Assembly holden (in the dwelling-house of R. K. in the Parish of Stapleherst in the County aforesaid) under colour of exercise of Religion in other manner than according to the Liturgy of the Church of England, upon the thirtieth day of March, 1675.
His Majestie's third part of the said Forfeitures by the said Justices tendred into the Court of the general Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the Close of Easter, 1679. and by appointment of the same by the said Justices paid to Sir I. C. Knight and Baronett, (Sheriff of the said County) to His Majestie's use. Viz.
For R. C. 20 d. 20 d. and 39 s. 4 d. All which was levied and paid to the said Justices since the last general Sessions of the Peace holden for the said County at M. aforesaid, viz. 02 02 08
Summa patet.
[Page 96]And as concerning the moneys in the said Record mentioned to be payable by the several persons [...]ere under named, His Majestie's third part whereof cometh to as followeth, viz.
S. B. 20 d. 20 d. and 3 l. 3 s. 4 d. In all——— | 03 | 06 | 08 |
C. B. 20 d. 20 d. 20 d. and 13 s. 4. d. In all—— | 00 | 18 | 04 |
I. B. 20▪ d. and 23 s. 4 d. In all—— | 01 | 05 | 00 |
R. K.— | 06 | 13 | 09 |
In all— | 12 | 03 | 09 |
The said Justices do say, that they did upon the seventeenth▪ day of April 1678. (being the day of the Conviction of the persons aforesaid for their Offences in the said Record mentioned) make out their Warrants for levying thereof, but they have not as yet received▪ the same, or any part thereof; nor is the same, or any part thereof, (as yet) levied (that they know of,) though they have diligently enquired after the same.
A Mittimus thereupon, upon the first Offence.
K. ss. Forasmuch as C. D. was this present22 Car. 2. cap. 1. 2 Iustices. day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles▪) convicted by Record (by us made) of being present in the Parish of C. in the said County at an Assembly, Conventicle, or Meeting. under colour or pretence. of exercise of Religion in other manner then is allowed by the Liturgy or practice. of the Church of England, (contrary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said C. D. not exceeding 5 [...]i. for his said Offence, and he did not pay down the said Fine unto us: These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) by the space of no [...]x exceeding 3 months. next after such delivery of him unto [Page 98] you. Hereof fail not at your perils. Given under our, &c.
The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Freehold or Copy-hold, or 50 li. in Goods.
A Mittimus upon the second Offence.
Kent ss. FOrasmuch as C. D. was this present22 Car. 2. cap. 1. 2 Iustices. day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of being present in the Parish of T. in the said County at an Assembly, Conventicle, or Meeting. under colour or pretence. of exercise of Religion in other manner than is allowed by the Liturgy or practice. of the Church of England, (contrary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said C. D. not exceeding 10 li. for his said Offence, and he did not pay down the said Fine unto us; And forasmuch as the said C. D. hath been once before that time convicted of the like Offence, (contrary to the Act asoresaid:) These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, [Page 99] and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) by the space of not exceeding six months. next after such delivery of him unto you. Hereof fail not, &c.
The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do; if they be satisfied that the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Freehold or Copyhold, or 50 li. in Goods.
A Mittimus upon the third Conviction.
Kent ss. FOrasmuch as C. D. was this22 Car. 2. cap. 1. 2 Iustices. present day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of being present in the Parish of T. in the said County at an Assembly, Conventicle, or Meeting. under colour or pretence. of exercise of Religion in other manner than is allowed by the Liturgy or practice. of the Church of England, [Page 100] (contrary to the Act aforesaid;) And forasmuch as the said C. D. hath been twice before that time convicted of the like Offence, (contrary to the said Act:) These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) untill the next general Quarter-Sessions for the West-Division of this County, the next Assizes, Gaol-delivery, Great Sessions, or Sitting of Oyer and Terminer, in the County aforesaid, (which shall first happen;) And that you then and there have him, to be farther proceeded against as by the said Act is directed. Hereof fail not at your perils. Given under our hands and seals the, &c.
The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if they be satisfied that the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Free-hold or Copy-hold, or be worth 50 li. in Goods.
A Record against one that suffereth a Conventicle, &c. to be kept in his house.
Kent ss. MEmorandum, That upon the22 Car. 2. Regis, c. 1. 2 Iustices. By Confession of the party, Oath of Witness, or notorious Evidence of the fact. second day of Iune in the 31. year of the Reign of our Sovereign Lord Charles the Second, (by the grace of God) of England, Scotland, France and Ireland King, Defender of the Faith, &c. it was (according to the form of an Act of Parliament in that behalf lately made, intituled, An Act to prevent and suppress Seditious Conventicles) duly proved to us, That R. T. of, &c. did wittingly and willingly suffer Assemb. Conventicle or Meeting. under under colour or pretence of exercise of, &c. other than, &c. of exercise of Religion, in other manner than is allowed by the by the Liturgy or practice of, &c. of the Church of England, to be held in his in House, Out-house, Barn or Room, Yard or Back-side, Woods or Grounds. in the Parish of T. in the said County on, &c. day now last past, (contrary to the Act aforesaid.) Of all which we have the day and year first above written made this Record under our hands and seals.
A Mittimus thereupon, upon the first Conviction.22 Car. 2. cap. 1. 2 Iustices. By Confession of the party, Oath of Witness, or notorious Evidence of the fact.
Kent ss. FOrasmuch as D. E. was this present day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of wittingly and willingly suffering Assembly, Conventicle, or Meeting. under under colour or pretence of exercise of Religion other than, [...]. by the of exercise of Religion in other manner than is allowed by the Liturgy or practice [...]f, &c. of the Church of England, to be held in his in House, Outhouse, Barn or Room, Yard or Back-side, Woods or Grounds in the Parish of T. in the said County upon the second day of Iune now last past, (contrary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said D. E. not exceeding 5 li. for his said Offence, and he did not pay down the said Fine unto us: These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said D. E. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) [Page 103] by the space of not exceeding 3 months. next after such delivery of him unto you. Hereof fail not at your perils, &c.
The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Freehold or Copy-hold, or 50 li. in Goods.
A Mittimus thereupon, upon the second Conviction.
K. ss. FOrasmuch as, &c. (as in the precedent 22 Car. 2. cap. 1. as in the precedent Warrant. Not exceeding 10 li. not exceeding 6 mon. Warrant, till you come to these words) And he did not pay down the said Fine unto us; (go on thus) And forasmuch as the said D. E. hath been once before that time convicted of the like Offence, (contrary to the Act aforesaid: These are therefore, &c. (as aforesaid.)
The like Mittimus (mutatis mutandis) &c. as aforesaid.
A Mittimus thereupon, upon the third Conviction.
Kent ss. FOrasmuch as, &c. (as in fol. 102.22 Car. 2. cap. 1. till you come to these words) And forasmuch as the said D. E. hath been twice before that time convicted of the like Offence, (contrary to the said Act:) These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said D. E. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) untill the next general Quarter-Sessions, (for the West Division of this County) the next Assizes, Gaol-delivery, Great Sessions, or Sitting of any Commission of Oyer and Terminer, (in the County aforesaid) which shall first happen; And that you then and there have him to be farther proceeded against, as by the said Act is directed. Hereof fail not at your perils. Given under our hands and seals the, &c.
The like Mittimus (mutatis mutandis, &c.) as aforesaid.
A Warrant to levy the Penalty of the Statute upon the Teacher in a Conventicle.
Kent ss. FOrasmuch as I did (this presentThis is by way of Certificate, where the Offender lives in another County, (made to a Iustice of Peace.) day) receive a Certificate (to me directed) under the hand and seal of W. E. of S. in the County of Sussex, Esquire, (one of His Majestie's Justices assigned to keep His Peace in the said County of Sussex) That G. H. of C. aforesaid, Tailour, was (upon the first day of this instant August) by him convicted (by proof to him made according to an Act of Parliament, intituled, An Act to prevent and suppress Seditious Conventicles, lately made and provided) of being present in the Barn of R. W. of W. in the said County of Sussex, Husbandman, and there did take upon him to preach or teach at a Conventicle, (the five and twentieth day of Iuly last past) under pretence of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, and contrary to the form of the Act aforesaid; [Page 106] and that therefore, being thereof convicted as aforesaid, the said G. H. did forfeit for the said first Offence twenty pounds and that he (the said Justice) had (by virtue of the said Act) imposed on him (so convict as aforesaid) for his said Offence the said summ of twenty pounds, (as being thought by him able to pay the same, as by the said Certificate appeareth:) These are therefore (by virtue of the Act aforesaid) in His Majestie's name, to command you, that you, some or one of you, do forthwith levy the said twenty pounds, (by Distress and Sale of the Goods and Chattels of the said G. H;) And that when you or any of you have so levied the said twenty pounds, (or any part thereof) that then you, they or he that hath so levied the same, do forthwith deliver the moneys so levied to the aforesaid W. E. (to be by him distributed according to the Act aforesaid.) Hereof neither you nor any of you are to fail at your perils. Given under my hand and seal at A. in the said County of Kent 10. Aug. 1679. Annoque Regni Regis Caroli Secundi 31.
A Warrant pro testes to prove the Conventicle.
Kent ss. WHereas we have (this day) received information, That several persons (upon the 19. day of Iune last [Page 107] past) were present in the Parish of S. in the said County at a Conventicle then and there held, under colour of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, (contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles;) And whereas we are also informed, That the several persons here under named can testify the particulars and truth of the premisses: These are therefore (in his Majestie's name) to command you and every of you, that you do give notice to the several persons, that they and every of them are by us commanded to appear before us at the house of R. K. Esq in H. in the County aforesaid on Wednesday the first day of this instant August at 8 of the clock in the forenoon of the same day, then and there to testify their several knowledges touching the premisses. Whereof neither they nor any of them are to fail at their perils. And you are farther hereby commanded to appear (at the time and place aforesaid,) to make appear unto us what you have done in the execution hereof. Hereof also you are not to fail at1 Iustice enough. your perils. Given under our hands and seals at H. in the said County the, &c. day of, &c. 1670. 22 Car. &c.
A Warrant to levy the money upon the Offenders.
K. ss. FOrasmuch as R. L. of the said ParishNote, You must make your Warrant into the several Hundreds and Liberties where the Offenders inhabit▪ and use their addition, prout the Record. of S. Mercer, was (this present day, according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) by us convicted of his wittingly and willingly suffering an Assembly to be holden in his dwelling-house in the said Parish of S. upon the 30. day of March now last past, (under colour of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, contrary to the form of the Act aforesaid) by which he hath (according to the said Act) forfeited the summe of twenty pounds for his said Offence: These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy▪ (by Distress and Sale of the Goods and Chattels of the said Robert Kite) the aforesaid summe of twenty pounds; And you and every of you are (in his Majestie's name) hereby farther commanded, that when you or any of you have (as aforesaid) levied the summe aforesaid, that then they or he having so levied the same do forthwith deliver the same to us or one of us, to be distributed according to the said Act. Hereof neither you nor any of you are to fail at your perils. Given under our hands and seals at C. &c. prout supra.
A Warrant to levy the money upon the Offenders.
Kent ss. FOrasmuch as W. W. of the aforesaid Parish of S. Gent. (one of the Church-wardens of the said Parish) I. H. of the Parish aforesaid, Yeoman, (the other Church-warden of the said Parish) T. N. of the Parish aforesaid, Chandler, (one of the Overseers of the Poor of the said Parish) I. W. the elder of the Parish aforesaid, Yeoman, G. P. &c. (many others) W. H. of the Parish aforesaid, Yeoman, (Headborough of the North Borough in the said Parish) &c. (prout) were every of them this present day by us convicted, (according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) of being present (in the Parish-Church of Sandherst aforesaid in the County aforesaid) upon Sunday the nineteenth day of Iune last past (between the hours of nine and twelve before noon the same day) at an Assembly then and there held, (under pretence of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, contrary to the form of the Act aforesaid;) and we have (by virtue of the said Act) imposed upon every of the said Offenders (so convicted as aforesaid) a Fine of five shillings for that his respective offence: These are therefore (in His Majestie's name) [Page 110] to command you and every of you, forthwith to levy upon every of the said Offenders (respectively)▪ by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of five shillings. And forasmuch as R. Giles of Rol. in the said County, Gent. did then and there take upon him to teach (in the Assembly aforesaid,) and did then and there teach, (against the form of the Act aforesaid) and was this present day by us (according to the said Act) convicted of his said Offence, and he hath (for the same) forfeited the summe of twenty pounds; and for that (in our judgments) we do think the said R. G. unable to pay the said summe so forfeited as aforesaid: We have therefore (by our discretions) adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. I. H. Da. Pet. and I. C. who (as aforesaid) were all of them present at the Assembly, and are thereof (as aforesaid) convicted; and the same summe of twenty pounds to be levied in manner following. That is to say, one hundred shillings thereof of the Goods and Chattels of the said W. W. other one hundred shillings thereof of the Goods and Chattels of the said I. H. other one hundred shillings thereof of the Goods and Chattels of the said D. P. and the other one hundred shillings thereof (residue) of the Goods and Chattels of the said I. C. These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy one hundred shillings (parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said W. W. and to levy other one hundred shillings (other parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said I. H. [Page 111] and to levy other one hundred shillings (other parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one hundred shillings (residue of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said I. C. And forasmuch as Thomas Hur of the aforesaid Parish of Sand. Labourer, was (this present day by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and we have also (by virtue of the Act aforesaid) imposed upon him a Fine of five shillings (for that his Offence;) and for that we do (in our judgments) think the said Thomas Hur poor, and unable to pay the said summe of five shillings (upon him for his said Offence imposed, as aforesaid:) We have therefore (by our discretions) adjudged the same to be levied of the Goods and Chattels of the said I. W. who (as aforesaid) is convicted of the like Offence at the same Assembly. These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy the said Fine of five shillings by Distress and Sale of the Goods and Chattels of the said I. W. And forasmuch as T. H. of B. in the County aforesaid, Malster, was (this present day) by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and for that the said T. H. heretofore committed the like Offence, and (according to the form of the Act aforesaid) was thereof convicted, therefore he (for his said Offence of being present at the Assembly herein before mentioned) hath incurred the penalty of ten shillings: These are therefore (in His Majestie's name) to command [Page 112] you and every of you, forthwith to levy the said ten shillings by Distress and Sale of the Goods and Chattels of the said T. H. And forasmuch as Mary (the Wife of the said Iohn Wats) and Elizabeth (the Wife of the said Iohn Cogger) were both of them (this present day) by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and we have (by virtue of the Act aforesaid) imposed upon the said Mary a Fine of five shillings for that her said respective Offence; and we have also (by virtue of the said Act) imposed upon the said Elizabeth a Fine of five shillings for her said respective Offence; and for that the said Mary is a Feme-Covert, (cohabiting with the said Iohn Wats her Husband) and the said Elizabeth is also a Feme-Covert, (cohabiting with the said Iohn Cogger her Husband;) These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy the aforesaid Fine of five shillings so imposed upon the said Mary (as aforesaid) by Distress and Sale of the Goods and Chattels of the said Iohn Wats; and to levy the aforesaid Fine of five shillings so imposed upon the said Elizabeth (as aforesaid) by Distress and Sale of the Goods and Chattels of the said Iohn Cogger. And forasmuch as the aforesaid W. W. (at the time of the said Assembly) was, and still is one of the Church-wardens of the Parish of Sand. aforesaid, and the aforesaid Iohn H. then also was, and still is the other Churchwarden of the aforesaid Parish, and the aforesaid Tho. Nurley then was, and still is one of the Overseers of the Poor of the said Parish, and the said Will. Hammon then was, and still is Headborough of the North Borough in the Parish [Page 113] aforesaid; and every of them was (this present day) by us (according to the said Act) convicted, for that he knowing the Assembly aforesaid (in form aforesaid) to be holden within his aforesaid Parish, did not give information thereof to any Justice of the Peace, nor endeavour the Conviction of the parties aforesaid, or any of them, but wittingly and willingly did omit the performance of his duty, in execution of the Act aforesaid, (against the form of the said Act) for which Offence every of them respectively▪ hath forfeited the summe of five pounds: These are therefore (in His Majestie's name) to command you and every of you to levy the summe of five pounds (by the said William Ward so forfeited as is last before mentioned) by Distress and Sale of his Goods and Chattels; and to levy the summe of five pounds (by the said W. H. so forfeited as is last before mentioned) by Distress and Sale of his Goods and Chattels; and to levy upon the other Church-warden, (prout.) And you and every of you are hereby (in His Majestie's name) farther commanded, that when you, or any of you, have (as aforesaid) levied the several Fines and Forfeitures aforesaid, (or any of them) that then they or he so having levied the same do forthwith deliver the same to us, (or one of us) to be distributed (according to the said Act.) Hereof neither you nor any of you, &c. (prout common form.)
To levy money upon a Gaoler, &c. for suffering one committed (upon this Act) to go at large.
K. ss. FOrasmuch as it hath been duly proved22 Car. 2. cap. 4. compared with 41. 2 Iustices. Confession of the party, Oath of Witness, or notorious Evidence of the fact. before me, That A. B. Keeper of His Majestie's Gaol at C. in the County aforesaid did upon the 10th day of Iune last past permit D. E. to go at large, contrary to the Warrant of his Commitment made by virtue of an Act of Parliament lately made, (intituled, An Act to prevent and suppress Seditious Conventicles) and contrary to the Act aforesaid: These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. ten pounds by him forfeited for his said Offence; and that you do pay the moneys so levied to the Churchwardens of the Parish of T. in the said County, (for the relief of the Poor of the said Parish.) Given under our hands and seals the, &c.
The like Mittimus (mutatis mutandis) if the Keeper of the House of Correction suffer the Offender to go at large.
The like for suffering one at large to joyn with the Offender in custody in the exercise of Religion, &c.
K. ss. FOrasmuch as it hath been duly proved22 Car. 2. cap. 1. 2 Iustices. Confession of the party, Oath of Witness, or notorious Evidence of the fact. before us, That A. B. Keeper of His Majestie's Gaol at C. in the County aforesaid did upon the 10th day of Iune last past permit E. F. being then a person at large, to joyn with D. E. (a person committed to his custody by virtue of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) in the exercise of Religion differing from the Rights of the Church of England, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. ten pounds by him forfeited for his said Offence; and that you do pay the moneys so levied to the Churchwardens of the Parish of T. the Parish where the Offender did last inhabit, in the said County, (for the relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.
The like (mutatis mutandis) against the Keeper of the House of Correction, if he offend in the like case.
Against a Peer of the Realm for being at a Conventicle, the first Conviction.
Kent ss. FOrasmuch as T. Lord C. (a Peer22 Car. 2. cap. 1. 2 Iustices of the place or division where the Peer dwels, one of the Quorum. of this Realm) was this present day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of being present in the parsh of V. in the said County at an Assembly, Conventicle, or Meeting under colour or pretence of exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said T. Lord C. ten pounds, (for the Offence aforesaid;) and that you do pay the moneys so levied to the Church-wardens of the aforesaid Parish of V. (for relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.
Upon the second Conviction.
Kent ss. FOrasmuch as T. Lord C. (a Peer22 Car. 2. cap. 1. of, &c. as in the precedent Warrant, till you come to these words, contrary to the Act aforesaid; go on thus,) And forasmuch as the said T. Lord C. hath been once before that time convicted of the like Offence, (contrary to the said Act: These are therefore, &c. to levy upon the Goods and Chattels of the said T. Lord C. twenty pounds, &c.
Against a Peer for suffering a Conventicle, &c. to be kept in his House, &c. the first Conviction.
Kent ss. FOrasmuch as T. Lord C. (a Peer of this Realm) was this present day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of wittingly [Page 118] and willingly suffering an Assembly, Conventicle, or Meeting. under colour or pretence. of exercise of Religion in other manner than is allowed by the Liturgy or practice. of the Church of England to be held in his in House, Outhouses, Burns or Rooms, Yard or Back-side, Woods or Grounds. in the Parish of V. in the said County upon the 12. day of Iune now last past, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said T. Lord C. ten pounds, (for the Offence aforesaid;) and that you pay the moneys so levied to the Church-wardens of the aforesaid Parish of V. (for relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.
Upon the second Conviction.
K. ss. FOrasmuch as T. Lord C. (a Peer22 Car. 2. cap. 1. 2 Iustices, &c. (as in the precedent Warrant.) of this Realm, &c. as in the precedent Warrant) And forasmuch as the said T. Lord C. hath been once before that time convicted of the like Offence, (contrary to the said Act:) These are therefore, &c.
A Mittimus for a Nonconformist, &c.
K. ss. FOrasmuch as it hath been duly22 Car. 2. cap. 1. 2 Iustices. proved before us, That A. B. Parson, Vicar, Curate, Lecturer, or other person. (in Holy Orders,) Stipendary, or other person who hath been possessed of any Ecclesiastical or Spiritual promotion, who hath not declared assent to the Common Prayer, (prout the Act of 14. of this King, cap. 4.) or Preacher in Conventicle upon the 12. day of, &c. or, &c. was within five miles of not be within five miles of a City, Town-Corporate, or Borough that sends Burgesses to Parliament, or of any Parish-town or place wherein he or they have since the Act of Oblivion been Parson, Vicar, Curate, Stipendary, or Lecturer, or taken upon them to preach in a Conventicle. Nor shall any teach School, take Boarders (to be taught) till he take and subscribe the Oath in this Act (prout, &c.) and frequent Divine Service. (contrary to the form of the Statute in that case made and provided, intituled, An Act for restraining Nonconformists from inhabiting in Corporations:) These are therefore (in His Majestie's name) to will and require you to take the said A. B. and him convey to the Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep for six months, (without Bail or Mainprise.) Hereof fail not at your perils. Given under our hands and seals the, &c.
A Certificate to the Militia, &c. for Aid, in Case of a Conventicle.
Kent ss. THese are to certifie you, That I22 Car. 2. cap. 1. 1 Iustice, upon his information or knowledge. A. B. (one of His Majestie's Justices of the Peace, &c.) have received Information of an unlawfull an unlawfull Meeting or Conventicle held or to be held. under under colour or pretence of the exercising Religion, &c. or prevent. of exercise of Religion in other manner than is allowed by the Liturgy or practice, &c. of the Church of England, (contrary to an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) at T. in the Parish of C. in the County aforesaid; And that I (with such assistance as I can get together) am not able to dissolve, dissipate, suppress or dissolve the same. All which I do certifie unto you, to the end that you may repair unto the said place aforesaid, and doe therein as by the said Act is required and enjoyned. Given under my hand and seal the, &c.
A Certificate made by a Iustice, where the Offenders live in a Corporation.
Kent ss. S. B. and R. K. Esquires, (two of His Majestie's Justices assigned to keep the Peace in His County aforesaid) To the chief Magistrate of the Corporation of Tenterden in the said County Greeting. Whereas W. S. of Tent. aforesaid in the County aforesaid, Yeoman, was (this present day before us) convicted (according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) of beingThis will serve to a particular Iustice in another County, (mutatis mutandis.) present in the dwelling-house of I. B. in the Parish of C. in the County aforesaid upon the sixth day of this instant Iuly at a Conventicle then and there held, (under colour of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, contrary to the form of the Act aforesaid;) and we have (by virtue of the said Act) imposed upon him a Fine of five shillings (for that his Offence;) And whereas also the said I. B. was this present day (before us) also (according to the said Act) convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid dwelling-house, (contrary to the form of the Act aforesaid) for which his Offence he hath forfeited the summe of twenty pounds; And for that we do (in our judgments) think the said I. B. poor, and unable to pay the said summe of twenty pounds (by him as aforesaid forfeited:) We have therefore (by our discretions) adjudged one hundred shillings thereof to be levied of the Goods and Chattels of the [Page 122] aforesaid W. S. (who, as aforesaid, was present at the same Conventicle.) And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid, we do therefore hereby certifie you of the premisses, to the end you may proceed thereupon as by the said Act is required. Given under our hands and seals at C. in the said County the one and twentieth day of Nov. An. Dom. 1679. 31, &c.
A Certificate for the taking the Oath, according to the said Act.
Kent ss. I A. B. (one of His Majestie's Justices15 Car. 2. cap. 1. of the Peace of the County of K.) do humbly certifie, That D. E. did this present day before me take the Oath mentioned in an Act of Parliament lately made, (intituled, An Act to prevent and suppress Seditious Conventicles) in these words, I do swear that I do not hold the taking of an Oath to be unlawfull, nor refuse to take an Oath on that account. In testimony whereof I the said A. B. have hereunto set my hand and seal the, &c.
Corporations.
A Certificate upon taking the Oaths, and subscribing the Declarations mentioned in the Act for Regulating Corporations.
Kent ss. MEmorandum, That A. B. of C. 13 Car. 2. cap. 1. 2 Iustices. did upon the 21. day of May last past, before us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the said County) take the Oaths of Allegeance and Supremacy, and the Oath appointed to be taken by the Statute made in the 13. year of His now Majestie's Reign, (intituled, An Act for the well Governing and Regulating of Corporations) and did likewise before us subscribe the Declaration in the said Statute mentioned. In testimony whereof we have hereunto set our hands and seals the, &c.
Court-Leet and Court-Baron.
A Precept directed to the Bailiff of the Mannor by the Steward of the Court-Baron to warn the Court.
Kent ss. THese are to require you to warn all the tenants of the said Mannor (whose names are here under written) and all other the tenants of the same, personally to appear at the Court-Baron to be holden for the Mannor aforesaid (at the place accustomed) upon Thursday the tenth day of this instant Month of August, at eight of the clock in the forenoon of the same day, then and there to doe and perform their several Suits and Services, (according to the custom of the said Mannor) and have you there the names of such persons as you have so warned, and this Precept. Given under my hand and seal the first day of August, 1676. 28. Regni Regis Caroli Secundi.
A Precept to warn a Jury▪ for a Court-Leet.
Kent ss. THese are to will and require you to give publick notice within the said Hundred, That His Majestie's Court-Leet and view of Franck-pledge for the same, shall be holden at the house called the Red Lion in B. upon Thursday the seventeenth day of this instant October, at ten of the Clock in the Forenoon of the same day: And that you warn all persons that do owe any Suit or Service to the said Court, That they and every of them personally be and appear at the time and place aforesaid, then and there to do and perform the same; And that more especially you warn four and twenty honest and lawfull men of the said Hundred, to appear at the time and place aforesaid, to enquire for our Sovereign Lord the King of those things which to the said Court do appertain. And that you your selves be then and there also personally present, and have you there the names of such persons as you have so warned, and this Precept. Given under my hand and seal the second day of Octob. 1680. 32 Regni Regis Caroli Secundi.
A Precept for a Borsholder, or other Officer, to take upon him the said Office, and to repair to a Justice of Peace to take his Oath for his faithfull execution of the same.
Kent ss. FOrasmuch as at His Majestie's Court-Leet holden this present day for the said Hundred of F. you are elected [name the Office. Borsholder] for the year to come: These are therefore to will and require you, upon receipt hereof, to take upon you the said Office; And forthwith to repair to one of His Majestie's Justices of the Peace of the County of K. before him to take your Oath for your faithfull execution of your said Office. Hereof fail not at your perils. Given under my hand and seal the second day of March, Anno Dom. 1680. Regni Regis Caroli Secundi tricesimo secundo.
A Precept to bring in a Scould to be tried at a Court-Leet.
K. ss. RIchard Kilburne, Esquire, Steward of His Majestie's Court-Leet, holden this present day for the said Hundred, to the Constable of the Hundred aforesaid, and Officer of the said Court greeting. Forasmuch as E. P. of the Parish of C. in the said County, Spinster, otherwise called E. the Wife of R. T. of the aforesaid Parish of C. in the County aforesaid, Labourer; was at His Majestie's said Court, holden before me this present day, by the Oaths of twelve honest and lawfull men of the Hundred aforesaid, presented for her being a common Scould at the Parish aforesaid, in the County aforesaid, within the Jurisdiction of the said Court, as well with her Neighbours as with other the Liege people of the King, whereby they are much molested, disquieted and grieved (against the Peace of the said King, his Crown and Dignity,) to the great disturbance and disquiet of His Majestie's Liege people, and against his Peace, These are therefore to command you to cause the said E. P. to come before me, or my sufficient Deputy, at the next Court-Leet of our Sovereign Lord the King, to be holden at C. aforesaid, in the County aforesaid, (within the Jurisdiction of the said Court) upon Saturday the second day of Octob. next ensuing, to answer the premisses. And further to do and receive as the said Court of the said King shall consider of her in that behalf. And have you [Page 128] there this Precept. Given under my seal at C. aforesaid, the tenth day of April in the seven and twentieth year of the Reign of our Sovereign Lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, &c.
The manner of making up of Court-Roles.
Cur' Baron' Thomae Bristow Arm' ibidem tent' The Title of a Court-Baron. die Lunae quarto decimo die Octobris Anno Regni Domini nostri Caroli Secundi (Dei gratia) Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensor. &c. vicesimo quarto anno (que) Dom. millessimo sexcentesimo septuagesimo secundo coram Richardo Kilburne Armig' Senescallo ibidem.
Esson' Carolus Cox, de malo lecti.
- Johannes Hover,
- Franciscus Jervas,
- Johannes Shosmith, amp;
- Johannes Cat.
Kanc. ss. QUi jurati super sacrm' suum adAd inquir' jur'. Ammerc' in ipsos qui fecer' defalt'. inquirend' & praesentand' ea quae ad Cur' praed' pertinent.
Super sacrm' suum praed' dicam & praesentant. quod Thomas Sampson, Johannes Bowles, Jacobus Hawes, gener', &c. Tenentes hujus Manerii, debent sectam ad hanc Cur', & ad hunc diem sec' defalt' Ideo quilibet eorum in mia' [Page 129] & amerceamentum cujus [...]ibet eorum inde per homagium praed' afferat' ad ij d.
Praesentant etiam quod Johannes Banks, quiAlienatio pro qua solvit Domino relevium. de Domino hujus Manerii (ut de Manerio suo praed' tenuit quatuor pecias terrae vocat', &c. Continen' per aestimationem, &c. cum pertin' in Breede per annualem reddit' duodecim denariorum & alia servicia (secundum consuetudinem, ejusdem Manerii) alienavit praemissa praed' cum pertin' S. Petter viduae & haered' suis, unde accidit Dom' relevium (videl. xij d.) Quodque praed' S. Petter Al' alienatio pro qua, &c. Et quod cepit in virum & alienaver' &c. Solv. Dom. rel. &c. Praecept' Ball' distr'. postea alienavit praemis. praed' cum pertin' Elizabethae Sloman & haered' suis, unde etiam accidit Dom' relevium (videl' xij d.) Et quod Elizabetha Sloman cepit in virum Georgium Boraston Clericum, Quodque praed' Georgius & Elizabetha alienaverunt praemissa praed' cum pertin' Carolo Cox & haered' suis, unde etiam accidit Dom' relevium (videl' xij d.)
Ideo praeceptum est Ball' Manerii praed' quod distring' praed' Carolum. Ita quod sit hic ad prox' Cur' Baronis Manerii illius hic tenend' ad solvend' Dom' separalia relevia praed' & ad faciend' ei fidelitatem pro praemissis.
Praesent. etiam quod Edwardus Barton, QuiRel. super alienation' de Dom' hujus Manerii (ut de Manerio suo praed' tenuit unum mesuagium, & quatuor acr' terrae (per aestimationem) cum pertin' in Breede prope quendam parcum ibid' (vocat' Breede pound) per annualem reddit' quatuor denariorum, Et alia servicia (secundum consuetudinem ejusdem Manerii) alienavit praemissa praed' cum pert'Cui sic alienat ignorant & petunt diem ad inquirendum. unde accidit Dom' relevium (videl' iiij d.) sed cui vel quibus, praed' Edwardus sic alienavit praemissa praed' cum pertin' Iuratores praed' penitus ignorant, Et petunt diem ad inquirend' inde usque in prox' Cur' Baronis Manerii illius hic tenend' & eis concedit.
[Page 130]Et praeceptum est Ball' Manerii illius quod distringatPraecep' distr. Alienatio. pro relevio praed'.
Praesent' etiam quod Richardus Edwardus gen. qui de Dom' hujus Manerii (ut de Manerio suo praed') tenuit certas terras (vocat' le, &c.) cum pertin' in Breede per annualem reddit' trium solidorum septem denariorum unius oboli & uniusSed cui ignorant. quadrantis, Et alia servicia (secundum consuetudinem ejusdem Manerii) alienavit praemissa praed' cum pertin', unde accidit Dom' relevium (videl' iij s. vij d. ob. q.) Sed cui, vel quibus, praemissa praed' sic alienat' fuer. Iuratores praed'Petunt diem. penitus ignorant, Et petunt diem ad inquirend' inde usque in prox' Cur' Baronis Manerii praed' hic tenend', & eis conceditur.
Et praeceptum est Ball' Manerii illius distringerePraecept. distring. Jure ux. pro relevio praed'.
Cúmque etiam Will. Foster & Elizabetha uxor ejus (jure ipsius Elizabethae) nuper tenuerunt de Dom' hujus Manerii (ut de Manerio suo praed') quasdam terras (vocat' Totty) cum pertin' nuper terrarum (vocat' S.) In Parochia omnium Sanct' in Hasting parcel' per annualem reddit' quinque denariorum Et alia servicia (secundum consuetudinem ejusdem Manerii) Modo Iuratores praedict' (super sacr. suum praed') dicunt & praesentant quod praed' Elizabetha Obiit seis. unde accidit rel. &c. Haeres inde. accidit Dom. &c. obiit inde seisita unde accidit Domino relevium (videlicet v d.) quodque (Fillus ipsius Elizabethae suit ejus haeres inde & quod praed' (Filius) postea alienavit praemiss. praed' cum pertin. Johanni Austen & haered. suis unde etiam accidit Domino relevium (videlicet v d.)
Ideo praeceptum est Ball. Manerii praed' quodPraecept. distr. separalia relevia. Et faciend. sidelitatem. Relevium super Alienation. distringat praedictum Johannem Austen, Ita quod sit hic ad prox. Cur. Baronis Manerii illius ad solvend. Domino separalia relevia [Page 131] praedicta, Et ad faciend. ei fidelitatem pro praemissis.
Praesent. etiam quod Thomas Marten & Anna uxor ejus qui (jure ipsius Annae) tenuerunt de Domino hujus Manerii (ut de Manerio suo praedicto) unum messuagium, & dimidium unius acr. terrae cum pertin. in Breede per annualem reddit. quatuor denariorum Et alia servicia (secundum consuetudinem ejusdem Manerii) alienaverunt praemissa praed. cum pertin. in Breede, Samueli Horne Clerico & haered. suis, unde accidit Dom. relevium (videlicet iiij d.)
Ideo praeceptum est Ball. Manerii praedictiPraecept. distr. quod distring. praed' Sam. Horne, Ita quod sit hic, ad prox. Cur. Baronis Manerii illius ad solvend. Dom. relevium praed. & ad faciend. ei fidelitatem pro praemissis. Cúmque Jacobus Parker Praecept. quod tenement. nativum, dirut. existit. nuper tenuit de Dom. hujus Manerii (ut de Manerio suo) quoddam tenementum nativum (videlicet unum messuagium & certas terras cum pertin. in Breede (prope parcum ibidem) per annualem reddit. duorum denariorum & alia servicia (secundum consuetudinem ejusdem Manerii) Modo juratores praed. (super sacr. suumEt quis ten. toftum & terras pet. diem ad inquir. praed.) Dicunt & praesentant quod messuagium praed. dirutum existit & quis modo tenet toftum inde & terras praed. Iuratores praed. penitus ignorant, Et petunt diem ad inquirend. inde usque in prox. Cur. Baronis Manerii illius hic tenend. & eis conceditur.
Et modo hic ad hanc Cur. prima proclamatioPrim. Proc. facta ad clam. tenement. praed. sec. etiam ad prox. cur. Obiit seif. facta suit quod si aliquis legitime clamare potuit tenementum praed. cum pertin. quod veniret & audiretur. Et nullus venit, Ideo siat super inde secund. proclamatio ad praed. prox. Cur.
Praesentant etiam quod Johannes Cogger qui de Dom. hujus Manerii (ut de Manerio suo praed.) tenuit quoddam tenementum nativum (nuper [Page 132] Johannis Tompson) cum pertin. in Breede perEt quis haeres ignorant. Pet. diem ad inquir. annualem reddit. duorum denariorum & alia servicia (secundum consuetudinem ejusdem Manerii) obiit de tenemento praed. cum pertin. seisit. sed quis est ejus haeres inde Iuratores praed. penitus ignorant Et petunt diem ad inquirend. inde usque in prox. Cur. Baronis Manerii illius hic tenend. & eis conceditur.
Et modo hic ad hanc Cur. prima proclamatioPrima proclamatio ad clam. tenement. illud, &c. Petunt ulteriorem diem ad inquirend. quis est haeres, &c. Concedit. Ad ultimam Cur. Bar. Jur. impanell. petierunt, &c. quomodo, &c. tenuit, &c. Ven. & protulit in Cur. quoddam scriptum sub manum & sigill. Dom. Manerii. Per quod satis liquet facta fuit quod si aliquis legitime clamare poterit tenementum praed. cum pertin. quod veniret & audiretur & nullus veni, ideo fiat superinde secunda proclamatio ad praed. prox. Cur.
Et ulterius Iuratores praed. petunt ulteriorem diem usque in praed. prox. Cur. ad inquirend. & praesentand. quis est haeres Josephi▪ Hunt Defuncti duarum peciarum terrae (Iacen. ad orientalem partem messuagii, in quo Johannes Hunt pater ipsius Josephi nuper habitabat, cum pertin. (per praed. Josephum nuper tent.) Nec non quarumdam terrarum (vocat. Hamster Marst) contin. per aestimationem sex acr. cum pertin. nuper etiam per praed. Josephum tent. & eis conceditur.
Cúmque ad ultimam Cur. Baronis hujus Man. hic tent. die Lunae sexto decimo die Octobris Anno Regni Domini Regis nunc vicesimo tertio Iuratores ad Cur. illam inpanellati petierunt ulteriorem diem usque in hanc Cur. ad inquirend. & praesentand. quomodo Will. Ivy (Filius & haeres Johannis Ivy defuncti) tunc tenuit de Dom. hujus Manerii quoddam messuagium (vocat. le Hundred house) Et dimidium unius acr. terrae cum pertin. & eis adtunc concedebatur modo hic ad hanc Cur. venit praed. Will. (in propria persona sua) & protulit hic in Cur. quoddam scriptum manu & sigillo Henrici English Arm. (nuper Domini hujus Manerii) signat. per quod satis liquet Curiae hic quod praed. Henricus [Page 133] dimisit cuidam Willielmo Butler praemissaCur. &c. quod dimis. &c. est pro 90. annorum legitime devenit. per volunt. legavit term. suum adhuc ventur. Sup. tert. Procl. &c. ad clamand. &c. Ven. & clam. prescript. dimis. per Dom. Man. concess. praed. cum pertin. pro termino nonaginta annorum extunc prox' sequen. (unde maxima pars adtunc ventur. existit) Modo etiam apparet Cur. hic quod terminus ipsius Willielmi Butler de & in praemissis praed. cum pertin. postea eidem Johanni Jvy legitime devenit quodque praedictus Johannes postea per ultimam voluntatem suam in Scriptis legavit tantum termini praedicti de & in praemissis praedictis ad tunc ventur. quantum esset durante vita ipsius Willielmi & resid. termini inde post mortem ipsius Willielmi ventur. Johanni Ivy (Filio ipsius Willielmi.)
Ad hanc Cur' super tertiam Proclamationem in ea parte factam, Quod si aliquis legitime clamare poterit quoddam tenementum (vocat. Hunts) cum pertin' in Breede per Johannem Ivy defunct' (tempore mortis suae) tent' quod veniret & audiretur venit hic in Cur' Willielm. Ivy (Filius Johannis Ivy) in propria pers. sua & protulit hic in Cur' quoddam Scriptum dimissionis tenementi praedicti cum pertin' per Thomam Lord Clericum, & Willielmum English Generosum (nuper Dominos hujus Manerii) cuidam Willielmo Gram fact' pro termino diversorum annorum ad tunc ventur' & ulterius constat Curiae hic Quod terminus ipsius Williel. Gram, de & in tenemento praedicto cum pertin' postea ad praedictum Johannem legitime devenit, & quod praedictus Johannes postea per ult' voluntat' suam in scriptis legavit Annae Uxori ejus tantum residui termini praedicti quantum esset in vita ipsius Annae & residuum termini praedicti dicto Willielmo (Filio suo.)
Ad hanc Cur' venit Richardus Cox in propriaProtulit in Cur' Indentur. &c. persona sua & protulit hic in cur' quandam Indenturam sub manu & sigillo Jacobi Payton, geren' dat' decimo die Julii, Anno Dom' millessimo [Page 134] sexcentesimo quinquagesimo sexto Recitando Recitando, &c. quod Willielmus Steede miles, Thomas Culpepper Arm' & Johannes Culpepper Arm' (nuper Dom' Manerii praedicti per Indenturam suam geren'Quod Dom. hujus Maner. dimis. &c. dat' primo die Aprilis, Anno Regni Domini Jacobi nuper Regis Angliae sextodecimo dimisisset Richardo Fuller executoribus & assignat' suis pro termino Mille annorum à Festo annunciationis beatae Mariae Virginis, ult' praeterit' ante dat' Indenturae praedictae computan' (absque Impetitione alicujus vasti) pro & sub annuali reddit. duorum solidorum proinde reservat' ad Festa Sancti Michaelis Arch' & annunciationis beatae Mariae Virginis (per aequales portiones solvend') unum Cotagium & parcel' terrae continen' per aestimationem tria quarteria unius a [...]r' terrae (majus sive minus) cum pertin' in Breede jacen' inter W. & S. ibidem (existen' parcel' Manerii praedicti & aliquando concess. per copiam rotulorum cur' cuidam B. postea Ric. Hunt & postea Thomae Jenner defunct' & haered' suis, qui quidem Thomas Jenner sursum reddidit eademSursum reddit. ad usum Dom' Ric. Fuller, & haered' suorum ac etiam recitando quod praedictus Ric. Fuller per Indenturam geren' dat' vicesimo octavo diePer al. Indent. Dimissit Martii, Anno regni Domini nostri Caroli primi nuper Regis Angliae quarto decimo dimisisset Jacobo Payton executoribus administ' & assign' suis pro termino noningentor' & octoginta annorum à vicesimo quinto die Martii tunc ult' praeterit' ante dat' indenturae praed. computan' praed. messuagium sive cotagium (una cum pomario, gardino, clausulo, & pecia terrae ad tunc inde spectan. continen. per aestimationem quarterium unius acre (majus sive minus parcel. praemissorum) per Indenturam praedictam sub manu & sigillo ipsius Jacobi Payton testan. quod praedict. Jacobus Payton (inin consid. Maritagii. consideratione Maritagii, inter ipsum & quandam [Page 135] Elizabetham Clerke ad tunc solemnizand.) assignasset cuidam Ric. Barnet praemissa praedicta cum pertin. una cum toto residuo dicti termini mille annorum in eisdem ad tunc ventur' sub fiduciaUsus Maritagii. quod de & post Maritagium praed. solemniz. Tunc ad beneficium dictorum Jacobi Payton & Elizabethae durant' vitis suis naturalibus & vita diutius eorum viventis, & post decess. dictorum Jacobi & Elizabethae & diutius eorum viventis tunc ad beneficium exit. corporis Dict' Jacobi super corpus dict' Elizab. legitime procrean. & pro defectu talis exit. tunc ad beneficium executorum, administratorum & assignatorum dictae Elizabethae ( & ad & pro nullo alio usu, intentione, & proposito quibuscunque,) prout per Indenturam praedictam apparet. Et inde Ric. Cox ulter' dicit quod Maritagium praedictum postea solemnizat. fuit praedictusque Jac. Payton postea obiit & praedicta Elizabetha ipsum super vixit & postea obiit (sine exitu super corpus suum perObiit sine exit intestat. praedict' Jacobum procreat') intestat. & ulterius idem Richardus protulit hic in Cur' quandam Indenturam manu & sigillo Richardi Edwards (Administratoris bonorum & catallorum quae fuerunt praefatae Elizabethae (tempore mortis suae) signat. geren. dat. sexto die Martii, Anno Regni Domini Regis nunc vicesimo, per quam satis liquet Cur' hic quod praedictus Richardus per Indenturam illam assignavit eidem Richardo Cox executoribus administratoribus▪ & assign. suis praemissa praedicta cum pertin. & totum residuum termini praedicti de & in eisdem ad tunc ventur'
Ad hanc Cur' secunda Proclamatio facta fuitSecunda Procl. fact. ad clamand. separal. tenementa. quod si aliquis legitime clamare potuit separalia tenem. hic postea mentionat' videlicet. Quoddam tenementum nativum (videlicet unum cotagium & unam peciam terrae cum pertin. in Breede (prope Parochiam de Udimer) & ad terras modo [Page 136] vel nuper Danielis White Arm. adjungen. per Nicolaum Summons nuper tent.
Quoddam tenementum nativum (videlicet unum mesuagium & dimidium unius acr' terrae cum pertin. in Breede (ad vel prope quendam locum vocat. Stonelepe) per Johannem Jervas defunct. nuper tent.
Quoddam tenementum nativum (videlicet unum cotagium & unam peciam terrae, cum pertin. in Udimer (ad quendam locum ibidem vocat. Cotham Greene) per Johannem nuper tent.
Et quoddam tenementum nativum (videlicet unum Toftum cum pertin. nuper per Richardum Lindfield tent.
Sive eorum aliquae vel aliquod, quod veniret, & Si aliqui venirent audirentur. audiretur, & nullus venit Ideo fiat super inde tertia Proclamatio ad prox' Cur. Baronis ejusdem Manerii hic tenend.
The manner of making up of Estreates.
The Estreates of the Fines, Forfeitures and Amerceaments, at the several Courts-Leet, holden for the said Hundred on the several days, and in the several years herein after mentioned.
That is to say,
- [Page 137]Iohn B. (of the Borough of Combwell) for that he did not appear at this Court, to enquire for our Sovereign Lord the King, of those things which to the said Court do appertain, (though summoned so to do)—12 d.
- T. H. (of the Borough of C.) for the like——————12 d.
- N. F. (of the same Borough) for the like——————12 d.
- (&c. as many as be)——
- In all—&c.
- N. F. for that he did not amend his six Rods of Ditch (in the Borough of C.) Adjoyning to the High-way between Struecrouch and Tiseherst within the time at the last Court limitted—3 s.
- (&c. as before) In all—&c.
- [Page 138]C. I. (Borsholder of the Borough of B.) for that he did not appear at this Court to doe those things, which to his said Office do appertain.—5 s.
- ( &c. prout) In all—&c.
- Sum. total.—&c.
- R. K. Arm. Senesc. ibidem.
- A Rentall of the Mannor of Stone for one Year, ended at the Feast of S. Michael the Archangel, in the Year of our Lord one thousand six hundred seventy six, as followeth. viz.
- For one Mess. and Lands in Cran. near upper Wilsley late of Richard A. (her Husband deceased)———7 s.
- [Page 139]For one Mess. &c. in Cr. &c. late of, &c.—3 s.
- And for one Mess. &c. late also, &c▪—10 d.
- In all—3 s. 10 d.
- The Owners of one Mess. &c.—2 s.
- (&c. as many as be in such form)
- In all—39 s. 41 hens, 2 capons, and 2 cocks.
In case where several Mannors, then say at the top, A Rentall of the several Mannors, hereafter mentioned, for one year, &c. and begin one first, and go through with it, then another, &c.
In case where custom for Lord to have draught of Fish yearly, or such like, you must mention it in the Rentall, both when you come to the Tenant, and in Sum. total. And where several Mannors at the end of them severally you must say, In all, &c. prout. and when they are all done at the end you must say,
R. K. Arm. Senescallus ibidem.
So these Rentals come to as followeth. viz.
- Stone—00—11—01 q. 1 hen, &c.
- Sislingherst—&c.
- Copton—&c.
- In all, &c. (and here you must mention the custom for Fish.
Customs.
A Warrant against those who abuse an Officer of the Customs, in the due execution of his Office.
Kent ss. FOrasmuch as it hath been made14 Car. 2. cap. 11. 1 Iustice. appear unto me, That A. B. and C. D. Persons appointed by His Majesty for managing the Customs, Officers of the Customs, or their Deputies. have lately been forceably hindred, affronte [...] abused, [...]aten or wounded, to the hazard of their lives. in the due execution of Offices in the said place by E. F. G. H. armed with armed with Clubs or any manner of weapon, either on board any Ship or Vessel, or upon the land or water. And such as act in their aid and assistacce. These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said E. F. G. H. and them convey to His Majestie's Gaol aforesaid, and them there deliver to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive them into the said Gaol, and them there safely to keep till the next Quarter-Sessions, there to be dealt withall as by the Statute in that behalf lately made is appointed. Hereof fail not at your perils. Given under my hand and seal the, &c.
Against carrying away Goods without paying Custom, &c.
Kent ss. FOrasmuch as Complaint hath14 Car. 2. cap. 11. 1 Iustice. 2 Witnesses. been made unto me, That A. B. Carman, Porter, Waterman, or other person. hath assisted in the taking taking up, landing, shipping off, or carrying away of of Goods goods, wares or merchandizes prohibited, or whereof the Custom, Subsidy, or other Duty are due and payable to the King at E. in the County aforesaid without without the presence of any of the Officers of His Majestie's Customs thereunto appointed, at hours or at hours and times not appointed by Law. Or goods passing by Certificates, Waste, Coquet, or otherwise, without the presence of, or notice given to one of His Majestie's Officers. These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do apprehend the said A. B. and him bring before me, to answer the premisses, and farther to doe and receive as by the Statute in that behalf lately made is appointed. Hereof fail not at your perils. Given under my hand and seal the, &c.
A Mittimus upon the precedent Warrant, for the first Offence.
Kent ss. FOrasmuch as it hath been duly14 Car. 2. cap. 11. 1 Iustice. 2 Witnesses▪ for the first Offence. Be committed to Gaol, till he find Sureties for Good behaviour. proved before me, That B. C. hath assisted in the, &c. (as in the last Warrant.) These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do convey the said B. C. to His Majestie's Gaol aforesaid, and him there deliver to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep, untill he shall find sufficient surety to be of Good behaviour for so long time untill he be thereof discharged by the Lord Treasurer, Chancellour, Under-Treasurer, or Barons of the Exchequer. Hereof fail not at your perils. Given under my hand and seal the, &c.
Upon the second like Offence.
Kent ss. FOrasmuch as it hath been duly14 Car. 2. cap. 11. 1 Iustice. 2 Witnesses for the second Offence. pay 5 li. proved before me, That C. D. hath assisted in the, &c. [as in the Warrant last but one] And forasmuch as the said C. D. hath once before offended in the like kind: These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do convey the said C. D. to his Majestie's Gaol aforesaid, and him there deliver to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep for the space of two months, (without Bail or Mainprise) or untill he shall pay the Sheriff of this County the summ of five pounds, (for the use of His Majesty) or untill he shall by the Lord Treasurer, Chancellour, or Under-Treasurer, or Court of Exchequer, be thence discharged. Hereof fail not at your perils. Given under my hand and seal, &c.
Deer.
A Warrant for stealing Deer.
Kent ss. WHereas information hath been given to me that A. B. of H. within your said Parish of T. hath lately within the space of six months last past coursed, killed, or taken forth of a Park situate in this County certain Deer contrary to the form of the Statute in that case made and provided; These are therefore (in His Majestie's name) straightly to charge and command you, and every of you, that immediately upon sight hereof you bring before me or some other of His Majestie's Justices of the Peace for this County, the Body of the said A. B. to answer the aforesaid premisses, and be proceeded against according to Law. And hereof fail not at your perils, &c.
A Warrant to levy 20 li. for stealing Deer.
Kent ss. FOrasmuch as it hath been duly13 Car. 2. cap. 10. 1 Iustice. By Confession, or one Witness, within six months. proved before me, That A. B. of C. hath unlawfully unlawfully coursed, killed, hunted, or taken away any Red or Fallow Deer Deer in in any Forrest, Chase, Purlieu, Paddock, Wood, Park, or other Ground where Deer are or have been usually kept. Or shall be aiding or assisting therein. of E. F. against the form of the Statute in that case made and provided: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy by way of Distress upon the Goods and Chattels of the said A. B. the summ of 20 li. by him forfeited for the Offence aforesaid; the one moiety thereof to the use of C. D. (who informeth of the said Offence) and the other moiety to the use of the said E. F. Owner of the Deer aforesaid: And in case of want of sufficient Distress, that you certify me thereof forthwith. Given under my hand and seal this second day of May, Anno Dom. 1679. Annoque Regni Regis Caroli Secundi, &c. 31.
A Mittimus to the House of Correction for want of Distress.
Kent. ss. WHereas by my Warrant you13 Car. 2. cap. 10. 1 Iustice, 1 or more Witnesses, 6 months hard Labour, or 12 months Imprisonment and Sureties for Good behaviour for a year then following. the said Constable and Borsholders were lately required to levy by way of Distress of the Goods and Chattels of A. B. of C. the summ of twenty pounds by him forfeited for an Offence by him lately committed against the form of the Statute made in the thirteenth year of His now Majestie's Reign, (intituled, An Act to prevent the unlawfull coursing, hunting, or killing of Deer;) And you the said Constable have returned unto me thereupon, that the said A. B. hath not sufficient Distress to be taken for the moneys aforesaid: These are therefore (in His Majestie's name) to will and require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him safely convey to the aforesaid House of Correction, and deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said House, and there detain and put him to hard labour for six months. Hereof fail not at your perils. Given under my hand and seal the, &c.
Another Mittimus to the Gaol for want of Distress.
K. ss. WHereas by my Warrant you the13 Car. 2. cap. 10. 1 Iustice. said Constable and Borsholders were lately required to levy by way of Distress and Sale of the Goods and Chattels of A. B. of, &c. the summ of twenty pounds, by him forfeited for an Offence by him lately committed against the form of the Statute made in the thirteenth year of His now Majestie's Reign, (intituled, An Act to prevent the unlawfull coursing, hunting, or killing of Deer;) And you the said Constable have returned unto me thereupon, that the said A. B. hath not sufficient Distress to be taken for the moneys aforesaid: These are therefore (in His Majestie's name) to will and require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him safely convey to the Gaol aforesaid, and deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep for the space of one whole year, (without Bail or Mainprise) and farther, untill he hath given sufficient Security for his Good behaviour for one whole year next ensuing after his inlargement. Hereof fail not at your perils. Given under my hand and seal the, &c.
A Warrant for a Buck.
UPon sight hereof you are to kill and deliver to I. B. Esq one fat Buck of this Season, for which this shall be your Warrant.
Drunkenness.
A Warrant for Drunkenness, the first Conviction.
Kent ss. FOrasmuch as it hath this present4 Iac. c. 5. 21 Iac. c. 7. 1 Iustice. View. Confession. 1 Witness within six months. Upon Conviction pay 5 s. to the Poor. day been duly proved before me, That A. B. of the Parish of C. was on the fifth of May last drunk in the Parish (contrary to the form of the Statute in that case made and provided: These are therefore (in His Majestie's [Page 149] name) to command you, that you the faid Constable or Church-wardens do require the said A. B. to pay (for the said Offence) to the hands of you the said Church-wardens (to be by you accounted for to the use of the Poor of the same Parish) five shillings of lawfull money of England within one week now next ensuing, and if the said A. B. shall refuse or neglect to pay the same as aforesaid, that then you the said Constable or Church-wardens do levy (to the use aforesaid) the said 5 s. of the Goods of the said A. B. by Distress and Sale of the same (rendring unto him the overplus of the moneys remaining of the said Sale,) and if the said A. B. be not able to pay the said summ of 5 s. that then you the said Constable do set him in the Stocks, there to remain by the space of six hours. Hereof fail not at your perils. Given under my hand and seal at, &c.
- Convicted upon my view.
- Convicted by his Confession before me.
The second Conviction.
Kent ss. FOrasmuch as it hath been this4 Iac. c. 5. 21 Iac. c. 7. 1 Iustice. View. Confession. present day duly proved before me, That A. B. of the Parish of C. was upon the fifth of May last drunk in the Parish (contrary to the form of the Statute in that case [Page 150] made and provided) And forasmuch as the1 Witness within six months. said A. B. hath been once before lawfully convicted of the said offence of Drunkenness: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do cause the said A. B. to come before me, or some other Justice of the Peace of the said County, to be bound with two Sureties to His said Majesty in one Recognizance or Obligation of ten pound, with condition to be from thenceforth of good behaviour (according to the form of the Statute in that case made and provided) which if he shall refuse to doe, that then you do him safely convey to the Gaol aforesaid, and deliver him there to the said Keeper of the same, (together with this Precept.) Commanding also you the said Keeper to receive him into the said Gaol, and him there safely to keep untill he shall be so bound with two Sureties as aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
- Convicted upon my view.
- Convicted by his own Confession before me.
Excise.
Note NOne shall meddle with any Office relating to the Excise till they have taken the Oaths of Allegiance and Supremacy before 2 Iustices of the Peace of the County where such Office is, or one Baron of the Exchequer, and the Oath mentionedVide Title Oaths. in 12 Car. 2. cap. 23.
A Certificate upon taking the Oath about Excise.
Kent ss. WE whose names are hereunto12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. subscribed (His Majestie's Justices of the Peace of the County aforesaid) do certify, That A. B. of C. in the said County hath before us (this present day) taken the Oaths of Allegiance and Supremacy, and the Oath mentioned in the Statute made in the twelfth year of His now Majestie's Reign, (intituled, A Grant of certain Impositions upon Beer, Ale, and other Liquours, for the increase of His Majestie's Revenue during His life.) Given under our hands and seals the 2. day of May in the 31. year of the Reign of our Sovereign Lord King Charles the Second.
None shall meddle with any Office relating to the Excise till they have taken the Oaths of Allegiance and Supremacy before two Iustices of the Peace of the County where such Office is, or one Baron of the Exchequer. And the Oath of an Excise man. Vide Title Oaths.
This Oath is by the Justices to be certified to the next Quarter-Sessions, there to be Recorded.
A Warrant to summon those who refuse to pay the Excise.
Kanc. ss. WHereas Complaint hath been made unto us this present day by A. B. of C. sworn Officer to the Commissioners of Excise of Ale and Beer of the said County, That E. F. of G. in the said County, Victualler, hath Brewed and put to sale certain Barrels of strong Beer since the second day of May last past, without paying the duty of Excise in compounding with the Commissioners for this division contrary to an Act of Parliament in that behalf made: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do cause the said E. F. to be and appear before us at T. in the County aforesaid upon the tenth day of Iune, at nine of the Clock in the forenoon of the same day to shew cause why the said E. F. should not pay the duty of Excise as aforesaid. Hereos fail not, &c. Given under, &c.
A Warrant for Distress on Alehousekeepers, for not paying Excise.
K. ss. FOrasmuch as Complaint hath been12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. Innkeeper, Alehousekeeper, Victualler, and Retailer of Beer, Ale, Cyder, Perry, Metheglin, Strongwater, brewing, making, or retailing the same. Every month make particular Entries thereof at the Office of Excise within their [...] [...]. made unto us whose names are hereunto subscribed (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the said County of K. Alehousekeeper hath not paid or cleared off his Duty of Excise unto such person as by the Statute in that behalf made is appointed, according to the Entry of the said A. B. in that behalf made, as by the Statute aforesaid is directed; and upon examination of the Complaint aforesaid we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy the summ of, &c. upon the Goods and Chattels of the said A. B. being the double value of the Duty so not paid or cleared off, and by him forfeited, according to the form of the said Statute, and to sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days;) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, rendring to the said A. B. the overplus, (if any be;) And for want of sufficient Distress, that you do forthwith certify us thereof, to the end we may farther proceed touching the same as by Law is appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
A Mittimus where not sufficient to pay Excise.
Kent ss. WHereas by Warrant under our12 Car. 2. cap. 24. Confirmed cap. 24. 2 Iustices. hands you the said Constable and Borsholders were required to levy of the Goods and Chattels of A. B. of C. in the said County, &c. by him forfeited, (according to the form of the Statute, intituled, A Grant of certain Impositions upon Beer, Ale, and other Liquours, for the increase of his Majestie's Revenue during His life,) and you the said Constable have this day certified us, that the said A. B. hath not sufficient Distress whereby the said, &c. can be levied: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do take the said A. B. and him convey to the Gaol aforesaid, and there deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said Gaol, and him there imprison, till satisfaction be made of the aforesaid, &c. Hereof fail not at your perils. Given under our hands and seals the, &c.
To levy the Forfeiture for not making a due Entry.
K. ss. FOrasmuch as Complaint hath been12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. Common Brewer forfeits 10 li. Innkeeper forfeits 5 li. Alehousekeeper, Victualler, Retailer of made unto us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the said County of D, &c. hath not made such due and particular Entry of Beer, Ale, Cyder, Perry, Metheglin, or Strongwater, forfeits 20 s. 15 Car. 2. 11, 12. as by the said Statute is required; and upon examination of the Complaint aforesaid we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy the summ of, &c. upon the Goods and Chattels of the said A. B. (being the double value of the Duty so not paid or cleared off, and by him forfeited, according to the form of the Statute aforesaid) and do sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, (rendring to the aforesaid A. B. the overplus, if any be;) And for want of sufficient Distress, that you do forthwith certify us thereof, to the end we may farther proceed touching the same as by Law is oppointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
A Warrant to levy the double value of the Excise on a Brewer for not paying according to Entry made.
K. ss. FOrasmuch as Complaint hath been12 Car. 2. cap. 23. cap. 24. 2 Iustices. made unto us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the County aforesaid, common Brewer, hath not paid nor cleared off his Duty of Excise unto such person as by the Statute in that behalf made is appointed, according to the Entry of the said A. B. in that behalf made, as by the Statute aforesaid is directed; Common Brewers forfeit (for omitting such Entries) for every default 10 li. Innkeeper 5 li. Alehousekeeper, Victualler, or Retailer of Beer, Ale, Cyder, Perry, Metheglin, strongwater, brewing, making, or retailing the same forfeit for every default 20 s. Brewer for not paying off within a week after Entry pay double the Duty. Innkeeper, Alehousekeeper, Victular, or other Retailer not paying off within a month after Entry pay double the Duty. and upon examination of the Complaint aforesaid we find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy the summ of, &c. upon the Goods and Chattels of the said A. B. (being the double value of the Duty so not paid or cleared off, and by him forfeited, according to the form of the Statute aforesaid) and to sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, rendring to the aforesaid A. B. the overplus, (if any be;) And for want of sufficient Distress, that you do forthwith certify us thereof, to the [Page 157] end that we may proceed touching the same as by Law is appointed. Hereof fail not, &c.
Loss of Allowance for making false Entries.
Kent ss. FOrasmuch as by the Statute in12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. Allowance 3 in 23 Barrels of Beer, and 2 in 22 Barrels of Ale. that behalf made it is enacted, That all common Brewers and makers of Beer or Ale, (not selling the same by retail) for and in consideration of waste by fillings and breakage of their Beer and Ale, shall have and be allowed out of the returns made by the Gagers, upon every three and twenty Barrels of Beer (whether strong or small) returned by the said Gagers, three Barrels; and upon every two and twenty Barrels of Ale, (whether strong or small) returned by the Gagers, two Barrels; And forasmuch as A. B. of C. in the said County, common Brewer, hath this present day been duly convicted before us, that he hath wittingly and willingly made a faulse Entry of [as in Margent] Ale, Beer, &c. by him lately brewed, contrary to the form of the Statute aforesaid: We do therefore adjudge, that the said A. B. shall forfeit and lose (for his Offence aforesaid,) over and besides the Penalties in the said Act mentioned, the said Allowance so to be made, for six months now next ensuing. Given under our hands and seals the, &c.
Upon Complaint of false Entry to appear.
Kent ss. FOrasmuch as Complaint hath12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. This upon complaint of false Entries of Liquours. been made unto us, That you A. B. of C. &c. [as above] contrary to the Statute in that case made and provided: These are therefore (in His Majestie's name) to require you to appear before us at the house of D. in E. in the County aforesaid upon the 22. day of May, to answer the premisses. Hereof fail not at your peril. Given under our hands the 18. day of May, &c.
Not suffering to gage the Vessels.
Kent ss. FOrasmuch as Complaint hath12 Car. 2. cap. 23. Confirmed cap. 24. 2 Iustices. been made unto us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the said County) That A. B. of C. in the County aforesaid Brewer, Innkeeper, Victualler, or Retailer of Beer, Disteller of Strongwater, or Retailer of hath refused to permit C. D. (a Gager appointed according to the Statute aforesaid) to enter into his &c. to gage or take account [Page 159] of his Beer, Ale, Cyder, Perry, Metheglin, or Strongwater, over and above the double value pay 5 s. [Margent] And having been by the said Gager thereupon forbidden to sell, carry out or deliver to any of his Customers any Ale, &c. [as in the Margent] yet notwithstanding the said A. B. (after such warning given) hath sold and retailed, &c. [as in the Margent] not having paid or cleared the Duty of Excise; And upon examination of the said Complaint we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. five pounds for his Offence aforesaid, and sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you do pay the moneys so levied to such person or persons as by the said Statute is directed, (rendring to the aforesaid A. B. the overplus, if any be;) And for want of sufficient Distress that you do forthwith certify us thereof, to the end we may farther proceed touching the same as by Law is appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
A Warrant against one that procureth a false Return to be made in the Office of Excise.
K. ss. FOrasmuch as it hath been duly proved15 Car. 2. cap. 11. 2 Iustices. before us, That A. B. of, &c. Brewer did bribe or corrupt, or give any money, fee, or other reward whatsoever, to any Gager or other Officer to make a false Return to make false return or report unto the Office of Excise into the Office of Excise of of any Beer, Ale, or other Liquours exciseable within his Charge, Division, or Walk; or to forbear or omit the doing or executing of his place or imployment. exciseable within his Division in the said County, against the form of an Act of Parliament lately made, (intituled, An additional Act for the ordering and collecting the Duty of Excise, and preventing the Abuses therein) whereby he hath forfeited ten pounds for his said Offence: These are therefore (in His Majestie's name) to charge and command you, and every of you, to levy by Distress and Sale of the Goods of the said A. B. the aforesaid ten pounds, rendring to him the overplus thereof. Fail not at your perils. Given under our hands and seals the, &c.
A Mittimus to the Gaol for want of Distress.
Kent ss. WHereas it was duly proved15 Car. 2. cap. 11. 2 Iustices. before us, That A. B. of, &c. Brewer, did bribe C. D. Gager, to make a false Return into the Office of Excise of Beer, &c. exciseable within his Division in the County against the form of an Act of Parliament lately made, (intituled, An additional Act for the ordering and collecting the Duty of Excise, and preventing the Abuses therein) whereby he forfeited ten pounds for his said Offence; and we did therefore by Warrant under our hands and seals charge and command you to levy by Distress and Sale of the Goods of the said A B. the aforesaid ten pounds; and you the said Constable have returned to us, that for want of such Distress you could not levy the same: These are therefore (in his Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, to attach the said A. B. and him convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him [Page 162] there safely keep by the space of three months, (without Bail or Mainprise.) Hereof fail not at your perils. Given under our hands and seals the, &c.
The like as in the two former Warrants (mutatis mutandis) against any sworn Gager or other Officer that shall take and receive any bribe, money, fee, gift, or other reward of any Brewer or other person, for any cause or matter relating to the Excise.
A Warrant (against several persons) to distrain for the Duties of Excise, &c.
K. ss. WHereas Complaints were lately made unto us S. B. and R. K. Esquires, (two of His Majestie's Justices of the Peace of the said County) by the Officers of Excise, That the several persons hereunder named had committed the several and respective Offences herein after mentioned, and severally added to their several names, against the form of several Statutes made for payment to His Majesty of the Duties of Excise; And forasmuch as upon hearing of the said Complaints (this present day) it was duly proved before us, [Page 163] that the said Complaints were true, and we have therefore (according to the form of the Statutes aforesaid) adjudged, that the said several and respective persons shall, for his, her, and their several and respective Offences, forfeit and pay the several summs of money hereunder added to their several and respective names, that is to say, Thomas Daniel of Horsmonden in the said County, Vintner, (a Retailer of Beer,) for forfeiture for neglect of entring (by the space of twelve months last past) of Beer by him retailed (within the said time,) twenty and four pounds, and for double the Duty of Excise for twenty and five Barrels, three Firkins and five Gallons of Beer of above six shillings the Barrel, and for three Barrels and three Firkins of Beer of six shillings per may set down for charges of levying. Barrel or under, (he not having paid the single Duty, or any of the same) eight pounds, fourteen shillings, and a half penny;
In all—32 14 00 ob.
Iames Lewes of Horsmonden aforesaid Cordwinder, for forfeiture for neglect to appear before us this day, to give evidence for discoveryAnd so all other Offences (mutatis mutandis.) The date hereof, and locus in quo, must be upon the day and at the place of condemnation. of breaches of the Laws of Excise, notwithstanding that he was summoned so to doe, (according to the Statute in that behalf made) forty shillings; Edward Budgen, late of Brenchley, in the said County, Labourer, for the like, 40 s. and for forfeiture, for that he refusing to permit the Gager to gage or take account of Beer by him brewed, and being thereupon forbidden by the said Gager to sell any of the Beer aforesaid, he (after such warning given) did sell the same, (not having paid or cleared the Duty of Excise) five pounds; and for costs and charges of the Officer and others imployed [Page 164] in the service (touching the premisses) five shillings,
In all——09 05 00
These are therefore (in His Majestie's name) to authorise and command you, and every of you, to levy the aforesaid several and respective summs of money upon the Goods and Chattels of the said several and respective Offenders, and to make sale of the said Goods and Chattels, if they shall not be redeemed within 14 days, (rendring to the parties the overplus, if any be;) And for want of sufficient Distress, to certify us, or one of us, of the same, to the end that such farther proceedings may be made therein as (by the Laws and Statutes aforesaid) are required. And you are hereby farther commanded, to dispose of all such moneys as you shall (by virtue hereof) levy or receive in such manner as (by the Laws and Statutes aforesaid) is appointed. Given under our hands and seals the, &c.
¶ All the before-mentioned Warrants upon the Statute of Excise 12 Car. 2. cap. 24. will also serve (mutatis mutandis) upon the other Statute touching Excise, made the same Parliament, intituled, An Act for taking away of the Court of Wards and Liveries.
Felony.
A Warrant to apprehend a Felon.
Kent ss. FOrasmuch as I have received Information1 Iustice. and Charge against A. B. of, &c. for felonious taking of, &c. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do attach the said A. B. of, &c. and him bring before me, or some other of His Majestie's Justices of the Peace of the said County, to be Examined touching the premisses, and to be farther dealt withall according to Law. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Mittimus of a Felon.
Kent ss. THese are (in His Majestie's name)2 Justices 1 Quorum. to command you, and every of you, that you, some or one of you, do safely [Page 166] convey to His Majestie's Gaol for the said County at Maidstone in the County aforesaid, A. B. of, &c. and him there safely to deliver to the Keeper of the said Gaol, or his sufficient Deputy, (according to the tenour of the Precept in that behalf herewithall declared unto you.) Delivering also to the said Keeper the Precept aforesaid. Given under our hands and seals at, &c.
Another.
K. ss. I Send you herewithall the Body of A. B. of, &c. brought before me this present day, and charged with the Felonious taking, &c. commanding you (in His Majestie's name) to receive him into the said Gaol, and him there safely to keep, till he shall be from thence delivered by due Order of Law. Hereof fail not at your peril. Given under my hand and seal at, &c.
A Warrant to search for a Felon on suspicion.
Kent ss. WHereas complaint hath been made unto me by A. B. of C. that of late he hath had feloniously taken from him certain Goods, six Cows, &c. (as the Case is) and that he hath in suspicion divers evil disposed persons within your Parish of F. These are to require you that immediately upon sight hereof, you make diligent search in all and every such suspected houses, and places within your Parish, as you and the said A. B. shall think convenient. And if upon your search you find any of the said Goods in the hands of any person, or shall have any other just cause of suspicion of any person, that then you bring such suspected person before me, or some other of His Majestie's Justices of the Peace for the County of Kent, to answer such matter as shall be alledged against them. Hereof fail not, &c.
A Warrant for apprehending of one that hath dangerously hurt another.
Kent ss. FOrasmuch as I am credibly informed, That A. B. of your Town, Ioyner, hath now lately dangerously hurt one C. D. of your said Town, Bricklayer, by a blow which he hath given the said C. D. on the Head, and another on the Stomach, so as the said C. D. is in danger of Death thereby. These are therefore (in His Majestie's name) straitly to charge and command you, that immediately on sight hereof you, or one of you, do bring the said A. B. before me, or some other of His Majestie's Justices of the Peace of the said County, to find sufficient Sureties, as well for his appearance before the Justices at the next Gaol delivery to be holden for this County, then and there to answer unto the premisses, and doe and receive therefore what the Court shall enjoyn on him; As also, that he the said A. B. shall in the mean time keep the Peace towards our Sovereign Lord the King, and all His Liege people, but especially towards the said C. D. And hereof fail not at your perils. Given under my hand and seal at this, &c.
A Liberate to deliver a Prisoner committed for Felony.
K. ss▪ FOrasmuch as A. B. of C. &c. Blacksmith, hath before us found sufficient Mainprise to appear before the Justices of Gaoldelivery at the next general Gaol-delivery to be holden in the said County, there to answer to such things as shall be then on the behalf of our said Sovereign Lord objected against him, and namely, to the feloniously taking of two Sheep, (for the suspicion whereof he was taken and committed to your said Goal.) We command you on the behalf of our said Sovereign Lord, that if the said A. B. do remain in your said Gaol for the said cause, and for none other, then you forbear to grieve or detain him any longer, but that you deliver him thence, and suffer him to go at large, and that upon the pain will fall thereon. Given under our hands and seals, &c.
A Warrant to Bind persons to give in Evidence against a Felon.
K. ss. THese are to require you upon sight hereof to warn to be before me, or some other of His Majestie's Justices of the Peace of this County, within two days next following, A. B. C. D. E. F. &c. to the end that they may be bound to make their personal appearance at the next general Gaol-delivery or Quarter-sessions to be holden for this County, then and there to testifie their knowledge concerning a Felony supposed to be done by R. H. now a Prisoner in the Castle of K. and that you do then go with them to the Justice with this Warrant. Hereof fail not, &c.
Or thus:
Kent ss. YOU are hereby required forthwith to warn the persons undernamed of your Parish to be before me at my dwelling house in D. &c. upon Thursday next by eight of the Clock in the morning, to testifie their knowledge concerning certain felonious [Page 171] acts supposed to be done by A. B. C. D. of, &c. and that you your self be then there with this Warrant, to shew how you have executed it. Hereof fail not. Given under, &c.
A Condition of a Recognizance to prefer a Bill, and give Evidence against Principals and Accessary in case of Felony.
THE Condition of this Recognizance isSee Title Recognizance. such, That if the within bound A. B. do personally appear before His Majestie's Justices of Gaol-delivery to be holden for the within named County of K. and do then and there prefer or cause to be preferred a Bill of Indictment against A. R. and I. R. for the felonious taking and stealing one Goose and two Hens from the aforesaid A. B. wherewith the said A. R. and I. R. are charged before the within named Justices, and against M. R. Wife of A. R. as Accessary to the Felony aforesaid, with which she is also charged before the Justices aforesaid, and do also then and there give such Evidence as he knoweth concerning the Felony aforesaid, as well to the Jurors that shall enquire thereof on the behalf of our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trial of the said A. R. I. R. and M. R. or any of them for the same; That then, &c.
A Condition of a Recognizance where two Felonies are committed to give Evidence.
THE Condition of this Recognizance is such, That if the within bound I. W. do personally appear before His Majestie's Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of K. and do then and there prefer or cause to be preferred one or more Bill or Bills of Indictment against I. B. for the felonious taking and stealing of one Shirt and one pair of [...]ustian Drawers from the aforesaid I. W. wherewith the aforesaid I. B. is charged before the within named Justices; for the felonious taking and stealing of six Napkins and one Table-cloath from Sir R. B. Baronet, with suspicion whereof the said I. B. is likewise charged before the Justices aforesaid; and do also then and there give such Evidence as he knoweth against the said I. B. touching the several Felonies aforesaid, as well to the Jurors that shall enquire thereof for our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trials of the said I. B. for the same; That then, &c.
A Condition to give Evidence for Felony, thus.
UPon Condition, That if you A. B. shall pursonally appear, and do then and there persue, and give such Evidence as you know against C. D. now prisoner in the Gaol of the Liberty aforesaid, for and concerning his felonious stealing of an holland Apron of the Goods of one E. F. and do not depart, &c, then, &c.
A Condition of a Recognizance to appear upon Felony.
THE Condition of this Recognizance is such, That whereas at the last general Gaol-delivery holden for the within named County of K. it was ordered, that the within bound E. R. shall give very good Security in such summes as is within mentioned before the Justice within named, for his personal Appearance at the then next general Gaol-delivery to be holden for the County aforesaid, to answer a Felony and Robbery on the High-way, whereof he stands indicted in the said County, (as by the Record of the said Court reference thereunto being had may more fully appear) which Security he hath given, (as in the said Recognizance is mentioned:) If therefore the said E. R. do personally appear at the aforesaid [Page 174] next general Gaol-delivery to be holden for the said County, to answer the Felony and Robbery aforesaid, That then, &c.
A Condition to appear upon suspicion of Felony.
UPon the Condition, That if the said A. B. shall personally appear before His Majestie's Justices of the Peace at the next general Sessions of the Peace and Gaol-delivery to be holden at A. and do then and there make answer unto all such matters which on the part and behalf of His said Majesty shall be objected against him, for and concerning the suspicion of his felonious stealing of a Horse [or of the Goods] of one C. D. and do not depart thence without Licence of the Court. Then your Recognizance to be void, or else to stand in force.
A Bond.
NOverint universi per praesentes, nos T. G. de C. in Com. K. & N. B. de C. in Com. praed. Yeoman, teneri & firmiter obligari W. P. de C. praed. Blacksmith, in quadragint. libris legalis monetae Angliae, solvend. eisd. W. P. & H. C. aut eorum alteri, vel eorum certo Attern. Executoribus vel Administratoribus suis: ad quam quidem solutionem bene & fideliter faciend. obligavimus nos, & utrumque nostrum per se, pro toto & in solid. Haeredes, [Page 175] Executores & Administ. nostros, & utriusque nostri, firmiter per praesentes Sigillis nostris sigillat. Dat. &c. Anno Dom. &c. Annoque Regni, &c.
A Condition to save one harmless who was bound for the appearance of a person suspected for Felony.
THE Condition of this Obligation is such, That whereas the above named W. P. and H. C. at the special instance and request of the above bound T. G. and N. B. in and by one Recognizance bearing the date above written, taken and acknowledged before S. B. and R. K. Esquires, (two of His Majestie's Justices of the Peace of the above named County of K.) do each of them the said W. P. and H. C. stand bound to His said Majesty in, &c. of lawfull money of England, with Condition, that if the said T. G. do personally appear before His Majestie's Justices of general Gaol-delivery at the next general Gaol-delivery to be holded for the said County, to answer unto His said Majesty, in and upon such matters as shall be then and there objected against him, touching the felonious taking and stealing of, &c. (with suspicion whereof he standeth charged before one of the Justices aforesaid) and farther to doe and receive as by the said Court shall be enjoyned, and do not depart the said Court without licence of the same; That then the said Recognizance to be void, &c. as by the same and the Condition thereof may more certainly and at large appear: That if therefore the said T. G. do in all things perform the said [Page 176] Condition of the said Recognizance, that then this Obligation shall be void, or else shall stand in full force and virtue.
If any man be Arrested for Felony, his Goods [...] Ri. 3. c. 3. Coke. 8. 171. Stamf. 162. Br. forf. 58. shall not be seised until Attainder or Conviction, upon pain to forfeit the double value to the Party grieved; for the Party grieved may sell them bona fide for his maintenance in Prison before Conviction.
After Conviction the Town presently standsF. Cor. 3. 66. Stam. 193, 194. 3 [...] Ed. 3. 3. Charged for the Felons Goods (if then in his possession,) and shall answer the Impairing of them, except they shew who detained them, and that they could not have possession of them.
Fire.
A Testimonial for Iustices of the Peace for Poor men that have had loss by Fire.
Kent ss. TO all Christian people to whom this present Writing or Testimonial shall come to be seen, heard, or read; A. B. C. D. and E. F. Esquires, three of the Justices of the Peace within the said County of K. send greeting. Whereas it is both Godly, and consonant to Christian Charity, in matters doubtfull and ambiguous to certifie and [Page 177] report the truth; We have thought it our duty, (at the earnest and lamentable Suit and Petition of our loving Neighbours the Bearers or Bringers hereof, G. H. I. K. &c.) to publish and declare unto your common knowledge, That on the twentieth of M. last past, between two and three of the clock in the morning, by casualty and great mischance by Fire, as well their several dwelling Houses, to the number of, &c. and all other Edifices and Buildings to every of their said dwelling Houses belonging; and also all their Corn, and most of their several Goods and Houshold-stuff were consumed, wasted, and burnt, to the great danger of the Bodies of them and their Families, and their exceeding great loss and impoverishment. And forasmuch as it is a Godly and Charitable deed, to further, help, and relieve such poor, needy, and miserable persons, (being of honest name, fame, and conversation) as they who have suffered this great loss; And for that the Bearers hereof in the behalf of themselves and their Neighbours, are inforced by reason of their Losses to seek for help and succour for their relief. And we knowing their Estate to be such as is premised, and moved with commiseration of their sad Estate and Condition, Have therefore as much as in us lieth, given License unto them, and every of them, to make their repair from Parish Church to Parish Church, and to every Parish Church and Chapel, Town, and Place within the County of K. to ask, receive, and take Charitable Devotion and Benevolence of all good and well disposed people towards the recovery of their said great Losses. And our request further is, That you, and every of you to whom they shall repair, do extend your lawfull favour [Page 178] unto them, permitting them without your denial to execute the tenour of this our Licence. Desiring all Ecclesiastical Persons, to whom these distressed persons shall make their Address in this behalf, to declare the tenor hereof to their Parishioners in every of their Parish Churches and Chapels on the Sabbath days, or other Festival days, exorting them to extend their Charity in this behalf; and those whom it concerns, to aid and assist them in the collection thereof. In Witness, &c.
A Charitable Request made by certain Iustices of the Peace to the Inhabitants of a Division for Relief of F. S. who had been therein lately ruined by Fire.
K. ss. WE whose names are hereunto subscribed, his Majestie's Justices of the Peace of the County of K. and inhabiting in and neer the division of the said County, wherein the Parish of B. in the County aforesaid is situate, having received credible information that F. S. of the Parish aforesaid Labourer, upon the second day of April last past (by a sudden Fire hapening in his said dwelling house in the said Parish) had his Flax (to the value of thirty and five pounds) suddenly burnt and consumed (to the utter undoing him, his wife and children) unless he be relieved by the Charity of well disposed people. We therefore taking the said Loss into consideration, and much commiserating [Page 179] the same do, upon the humble Petition of the F. S. (so far forth as lawfully we may) earnestly recommend his said sad condition, to the charitable consideration and benevolence of all well disposed people inhabiting within the division aforesaid, desiring them to contribute (what God shall move their hearts unto) towards his help and relief, therein desiring also the Ministers and Church-wardens of every the Parishes within the division aforesaid to promote the said Charitable work. Given under our hands the, &c. of May, 1681. &c.
Forceable Entry.
A Warrant to return a Iury to inquire15 R. 2. cap. 2. of a Forceable Entry.
Kent ss. R. K. Esq (one of His Majestie's Justices assigned to keep the Peace in the County aforesaid) To the Sheriff of the said County Greeting. On the behalf of our Sovereign Lord the King I command you, that you do cause to come before me at C. in the Parish of G. in the County aforesaid, upon Monday the tenth day of Iune next ensuing, four and twenty sufficient and indifferent men of the neighbourhood of L. in the said County, whereof every one have lands and tenements of the yearly value of forty shillings by [Page 180] the year at the least, (above reprises,) to enquire upon their Oath for His said Majesty of a certain Entry by strong hand made into the mesuage of A. B. at L. aforesaid, against the form of the Statute in that behalf provided, (as it is said:) And that you do at the said day return twenty shillings issues upon everyThe second day 40 s. issues. The third 100 s. issues. Every day after double issues. of the Jurors by you in this behalf to be impannelled. Hereof fail not upon pain of twenty pounds to be by you forfeited to His said Majesty, and upon such other penalty as (by the Statute in that behalf provided) is declared, (if you shall be slack, and make not due execution hereof.) And have you there the names of the Jurors, and this Precept. Given under my hand and seal at, &c. the second day of, &c.
A Record of a Forceable Entry.
K. ss. EGO R. K. Armig. unus Iusticiariorum Dom. Regis nunc ad pacem in Comitatu Kanc. praedicto conservandam assignatorum, Certifico, quod secundo die Februarii, Anno Regni dicti Dom. Regis nunc tricesimo questus est mihi A. B. de C. in Comitatu Kanc. praedicto Yeoman, Quod E. F. & aliae personae ignotae perturbatores pacis dicti Dom. Regis nunc praedicto secundo die Februarii Anno supradicto in unum messuagium & unum Atrium cum pertin. adtunc, & adhunc, existens liberum tenementum W. I. Gent. ac in possessione praed. A. B. pro termino decem annorum adhuc venturorum, situatum in C. praedicta, in Com. praedicto pacifice & quiete intraver. & intrationem fecer. Et postea, viz. praedicto secundo die Februarii, Anno supra [Page 181] dicto apud C. praedictam in Com. praedicto, praedictum A. B. à praedicto Messuagio, & Atrio cum pertin. vi, & Armis, &c. illicite, & manu forti expuler. ejecer. & amover. Et praed. A. B. sic deinde expuls. ejectum, & amotum à Messuagio, & Atrio, praedictis, cum pertin. ut praedicitur vi & Armis, illicite & manu forti adtunc & ibidem extra tenuer. & detinuer. Ad grave damnum praedicti A. B. contra pacem dicti Dom. Regis nunc, &c. ac contra formam Statuti in hujusmodi casu editi, & provisi. Et unde praedictus A. B. petiit à me remedium in hac parte relevari. Quâ querela & petitione, praedict. per me auditis existen. Ego praefatus J. B. immediate personaliter accessi ad Messuagium & Atrium praedicta cum pertin. Ac in Messuagio praedicto adtunc & ibidem inventi praedictum E. F. praedictum Messuagium & Atrium cum pertinentiis, à praedicto A. B. vi, & armis illicite & manu forti, extra tenentem, & detinentem, contra formam Statuti in hujusmodi casu editi, & provisi, super quo, ego praefatus J. B. adtunc, & ibidem causavi praedictum E. F. capt. & arrestat. & misi ad Gaolam de M. in Com. Kanc. praed. ibid. remanere sub salva custodia donec inveniret coram me, sive aliquo alio Iusticiariorum dicti Dom. Regis ad pacem in Com. praedict. sufficientem securitatem pro personali comparentia ipsius A. B. ad proximam generalem Quarterialem-Sessionem pacis dicti Dom. Regis in Com. praed. tenent. ad respondendum transgressioni & contemp. praed. Ac quod interim se bene gereret in cujus rei testimonium ego praefatus J. B. praedictae Certificationi manum & sigillum meum apposui, vicesimo die Maii, Anno Regni Domini nostri Caroli secundi, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, Fidei Defensoris, &c. Tricesimo secundo Annoque Dom. 1680.
A Warrant to the Sheriff for Restitution.
Kent ss. R. K. Esq (one of His Majestie's Justices assigned to keep the Peace in the County aforesaid) To the Sheriff of the said County Greeting. Whereas by a certain Inquisition taken before me at A. in the County aforesaid the second day of Iune, &c. upon the Oath of A. B. C. D. E. F. &c. according to the form of the Statute in Case of Forceable Entry made and provided, it was found that G. H. &c. and others [as in the Inquisition] as by the said Inquisition of Record doth more fully appear. These are therefore (in His Majestie's name) to will and require you, (with the power of the County) if need require, to go to the said Messuage, &c. and other the premisses, and do cause the same with their appurtenances to be reseized, and the said C. D. to be restored in, and-to his full possession thereof, as he was before the same Entry, according to the form of the aforesaid Statute. And hereof fail not, &c.
A Mittimus upon view of Forceable Detainour.
Kent ss. R. K. Esq (one of His Majestie's Justices assigned to keep the Peace in the County aforesaid) To the Keeper of His Majestie's Gaol for the said County at Maidstone in the County aforesaid Greeting. Whereas, upon Complaint unto me by A. B. of L. in the said County, I did this present day go to the dwelling house of the said A. in L. aforesaid, and there did find C. D. of, &c. E. F. of, &c. forceably, with strong hand and armed power holding the said house, against the Peace of our Sovereign Lord the King, and against the form of the Statute in that behalf made and provided; I do therefore herewithall send unto you the Bodies of the said C. D. E. F. and G. H. convicted of the said forceable holding by my own View, Testimony and Record, commanding you (in His Majestie's name) to receive them into the said Gaol, and them there safely to keep untill they have made fine and ransome to His said Majesty for their said trespasses, and shall be thence delivered by the order of the Law of this Land. Hereof fail not, &c.
Foreign Wares.
A Warrant to search for, and seize Foreign Manufactures prohibited, &c.
Kent ss. Forasmuch as I am informed, That14 Car. 2. 1 Iustice. great quantities of foreign Bonelace, Cut-work, Imbrodery, Fringe, Bandstrings, Buttons of Thread of Silk, and Needle-work made of Thread or Silk, have been lately brought into this Kingdom from parts beyond the Seas, (against the form of the Statute in that behalf lately made:) These are therefore (in His Majestie's name) to require and authorize you, and every of you, that you, some or one of you, do enter and search for such Manufactures in the Shops being open, Ware-houses and Dwelling-houses of such person or persons within the said Hundred as shall be suspected to have any such Imbrodery, foreign Bone-lace, Cut-work, foreign Bandstrings, Buttons, or Needle-work, and to seize the same. Hereof fail not at your perils. Given under my hand and seal the, &c.
High-ways.
A Warrant to levy 5 li. on the Inhabitants of a Parish for not chusing Surveyors of the High-ways.
K. ss. FOrasmuch as the Church-wardens,14 Car. 2. cap. 6. 2 Iustices. Surveyors to be chosen yearly, the Monday or Tuesday in Easterweek. Constables, Borsholders and Inhabitants of the said Parish did not chuse Surveyors of the High-ways aforesaid for this present year of our Lord, but made default of such choice, (against the form of the Statute in that behalf lately made and provided:) These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy, collect and gather the summ of five pounds by Distress and Sale of the Goods of the said Church-wardens, Constables, Borsholders and Inhabitants, (rendring to the Parties so distrained the overplus, if any be;) And that you do imploy and bestow the moneys so levied, collected or gathered, in such manner as by the Statute aforesaid is directed and appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
To distrain for High-way Tax.
K. ss. FOrasmuch as (upon your Complaint)14 Car. 2. cap. 6. 2 Iustices. it appeareth unto us, That the several Persons hereunder named have not paid unto you the several summs hereunder specified, and severally added toNot paying within 20 days after demand forfeits double his Assessment. their several names, assessed on them for the repairing and amending and enlarging of the publick and common High-ways in the said Parish, (according to the form of the Statute in that behalf made and provided:) These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy, collect and gather, by Distress and Sale of the respective Goods of the said respective Persons, double so much money as was so as aforesaid respectively assessed on them, (rendring to the Parties so distrained the overplus, if any be;) And that you do imploy and bestow the moneys so levied, collected or gathered, in such manner as by the Statute aforesaid is directed and appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
- A. B. of A. aforesaid 2 s.
- C D. of A. aforesaid 3 s. &c.
For not sending in Teams, to work in the High-ways.
Kent ss. FOrasmuch as (upon your Complaint)14 Car. 2. cap. 6. 2 Iustices. Forfeit 10 s. per diem for a Team, Labourers 18 d. Vide 22 Car. 2. cap. 12. 2 next Iustices. Proof by 1 Witness. it appeareth unto us, That the several Persons hereunder named were by you charged to send each of them a Team to work in the High-ways in the Parish aforesaid, (according to the form of the Statute in that case lately made and provided;) and yet nevertheless they neglected so to doe by the space of such number of days as are hereunder mentioned, and severally added to their several names: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy, collect and gather, by Distress and Sale of the respective Goods of the said respective Persons, the respective summs of money hereunder added to their respective names, (being moneys by them respectively forfeited for their said neglects, according to the Statute aforesaid)To be imployed towards mending the Highways. rendring to the Parties so distrained the overplus, (if any be;) And that you do employ and bestow the moneys so levied, collected or gathered, in such manner as by the Statute aforesaid is directed and appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
- A. B. of one day 10 s.
- C. D. of two days 20 s. &c.
Against those that refuse or neglect to work in the High-ways.
K. ss. FOrasmuch as (upon your Complaint)14 Car. 2. cap. 6. 2 next Iustices. Every Labourer forfeits 1 s. 6 d. per diem that he neglects to work. Vide 22 Car. 2. cap. 12. it appeareth unto us, That the several Persons hereunder named were by you charged to come to labour in the High-ways in the Parish aforesaid, (according to the form of the Statute in that case lately made and provided;) and yet nevertheless they neglected so to doe by the space of such number of days as are hereunder mentioned, and severally added to their several names: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy, collect and gather, by Distress and Sale of the respective Goods of the said respective Persons, the respective summs of money hereunder added to their respective names, (being moneys by them respectively forfeited for their said neglect, according to the Statute aforesaid) rendring to the Parties so distrained the overplus, (if any be;) And that you do employ and bestow the moneys so levied, collected or gathered, in such manner as by the Statute aforesaid is directed and appointed. Hereof fail not, &c.
- A. B. of A. aforesaid one day 1 s. 6 d.
- C. D. of A. aforesaid two days, &c. 3 s. &c.
To impower the Surveyors to dig Gravel, &c. upon Wasts or Commons out of the Parish.
Kent ss. FOrasmuch as (by the information14 Car. 2. cap. 6. 2 Iustices. of the Surveyors of the High-ways in the Parish of A. in the County aforesaid) it appeareth unto us, that there is not sufficient Gravel, Chalk, Sand, Cinders and Stones, within the said Parish to repair their common and publick High-ways: We do therefore (according to the form of the Statut̄e in that case lately made and provided) hereby allow and approve, that the said Surveyors, or either of them, and such Person and Persons as they or either of them shall appoint, shall and may dig, take and carry away Gravel, Chalk, Sand, Cinders or Stones, out of any Waste or Common of any Parish, Town, Village or Hamlet, neighbouring to the Parish aforesaid, or upon the Sea-coast, without paying any thing for the same, (for the repairing and amending of the High-ways aforesaid) so as they fill up the place within one month next after their digging aforesaid, (if required by the owner of the Soil.) Given under our hands and seals the, &c.
To appoint what shall be paid by the Surveyors for digging Gravel, &c. in any man's Ground.
Kent ss. WHereas (by the information14 Car. 2. cap. 6. 2 Iustices. of the Surveyors of the High-ways in the Parish of A. in the County aforesaid) it appeareth unto us, that there being not sufficient Gravel, Chalk, Stones, Cinders and Sand, or other materials, for to amend and repair the aforesaid High-ways, within the common or waste grounds of the said Parish, they did (according to the form of the Statute in that case lately made and provided) enter into the ground of B. C. in the Parish aforesaid, near adjoyning to the High-ways to be repaired, and did dig, take and carry away materials which they judged necessary for the said Reparations; and for that difference did arise between the said Surveyors and the said B. C. about the Damages by the said B. C. suffered by the digging and carriage thereof: We do therefore (according to the Statute aforesaid) assess the Damages aforesaid at, &c. of lawfull money of England, which the said Surveyors are to render unto him for the same. Given under our hands and seals the, &c.
Against Surveyors for not accounting.
Kent ss. FOrasmuch as Complaint hath14 Car. 2. cap. 6. fol. 128. 2 Iustices. To account in a year after their Surveyorship, or to Gaol till they account. been made unto us, That B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year, &c. have not made such account touching their said Office as by the Statute in that behalf lately made is appointed; and upon examination of the business upon Oath, we do find the said Complaint to be true: These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said B. C. and D. E. and forthwith convey them to His Majestie's Gaol aforesaid, and there deliver them to the said Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive them into the Gaol aforesaid, and them there safely to keep, untill they have made such true and perfect account touching their said Office as by the said Statute is appointed. Hereof fail not at your perils. Given under our hands and seals the, &c.
Against the Surveyors who have not paid the moneys in their hands to the next Surveyors.
Kent ss. FOrasmuch as Complaint hath14 Car. 2. cap. 6. 2 Iustices. been made unto us, That B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year, &c. had in their hands (upon their account made touching their said Office, according to the form of the Statute in that case made) the summ of, &c. overplus, which they have not returned or paid to the next Surveyors, or either of them, (as by the said Statute is appointed;) and upon examination of the business upon Oath, we do find the said Complaint to be true: These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said B. C. and D. E. and forthwith convey them to His Majestie's Gaol aforesaid, and there deliver them to the said Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive them into the Gaol aforesaid, and them there safely keep, untill they have made payment of the said, &c. to the aforesaid next Surveyors (as by the said Statute is appointed.) Hereof fail not at your perils. Given under our hands and seals the, &c.
House of Correction.
A Warrant and Directions for general privy Search.
Kent ss. FOrasmuch as it is observed, That2 Iustices. 1 Iac. c. 4. The second part of the Institutes, pag. 728. (for want of due Execution of the good Laws and Statutes of this Realm, made and provided for the apprehending and punishing of Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons) the number of them does daily increase within this Division, to the great prejudice of the Inhabitants therein: (For the better prevention whereof for the future, and of Robberies, Burglaries, and other Felonies, and Misdemeanours often occasioned thereby) These are (in His Majestie's name) to command you, and every of you, diligently to observe and perform our Directions in the premisses herewith sent unto you, as you, and every one of you will answer to the contrary at your perils. Giving you farther hereby to understand, that we shall from time to time require a strict account of your due observance and execution of the same: and in case of negligence of you or any of you therein, we shall forthwith (upon knowledge thereof) proceed with effect (according to Law) to punish such of you as shall so neglect the same. Given under our hands and seals the, &c.
[Page 194]1. That you do henceforth take special care to apprehend all Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons, and punish and pass them away according to Law.
2. That you do in one night within every week, between the date of the Precept aforesaid and our next meeting, make a general search within the said Hundred in all suspicious places for the finding out and apprehending of all Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons: And such as in the said search you shall find and apprehend, that you do punish and pass them away according to Law.
3. That you do cause Watches to be duly13 Edw. 1. cap. 4. Watch to be kept in every Town, from Michaelmas to Ascention day. kept in fitting places of the said Hundred by honest and able men of the same every night, from Sun-setting untill Sun-rising, untill the nine and twentieth day of September next ensuing; according to the Statute made at Westm. in the thirteenth year of the Reign of the late King Edward the First.
4. That you do forthwith bring before us, or some or one of us, or some other of His Majestie's Justices of the Peace of the said County, all such Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons as you shall apprehend by day or night, and conceive to be more than ordinarily dangerous, or to be suspected for any Murther, Robbery, Burglary, Felony, or other Misdemeanour, to the end they may be farther dealt withall as to Justice doth appertain.
5. That you do from time to time (and more especially at every of our Assemblies or Meetings herein after mentioned) present unto us the names of all such Persons within the said [Page 195] Hundred as be masterless, or live out of service or be common Alehouse-haunters, or expenders of their money in riot, (not duly labouring for their living, and not having whereby so to maintain them.)
And the names of all unlicensed Alehousekeepers within the said Hundred, or notoriously suspected so to be.
Together with the names of such licensed Alehouse-keepers within the same as are of evil behaviour, or do suffer evil Rule, Gaming, or other Disorder to be kept in their said houses.
And the names of such Witnesses as can or will testify the keeping of any such Alehouse▪ unlicensed, or the evil behaviour of, or suffering evil Rule, Gaming, or other Disorder by any of the said licensed Alehouse-keepers.
And that you do give notice unto all and every the said Witnesses, that they and every of them are by us required to appear before us accordingly, to testify their several knowledges touching the same.
And that you do likewise give notice unto all and every the said Persons so by you to be returned, all Persons out of service, riotous Spenders, unlicensed Alehouse-keepers, or disorderly licensed Alehouse-keepers; that they, and every of them, are by us required to appear before us, or some of us, as aforesaid, to answer the premisses, and farther to doe and receive as to Justice doth appertain.
6. That you do from time to time at every of our said Assemblies or Meetings deliver unto us, or some of us, in writing an account of what you have done in pursuance of the directions before mentioned.
[Page 196]7. That (taking assistance of sufficient men7 Iac. c. 4. The search to be made twice in every year at the least. of the said Hundred) you do in the night before every of our days of Assembly or Meeting hereafter mentioned, that is to say, (here name the days of meeting of the Iustices) make a general privy search within every of the Parishes, Villages and Hamlets within the same, for finding out and apprehending of all Rogues, Vagabonds, and wandring and idle Persons, in and about the said Parishes, Villages and Hamlets; And that such Rogues, Vagabonds, and wandring and idle Persons, (as you shall then find and apprehend in the said search) you do cause to be brought before us, or some of us, on the day and at the place of our Assembly or Meeting aforesaid, at ten of the clock in the forenoon of the same day, there to be examined of their idle and wandring life, and to be farther dealt withall according to Law.
And that you be then and there also ready to give account and reckoning (upon Oath in writing, and under the hand of the Minister of each respective Parish) what Rogues, Vagabonds, and disorderly Persons you have apprehended within the said Search, and also between every such Assembly and Meeting; and how many have been by you punished, or otherwise sent unto the House of Correction, (according to the form of the Statute in that behalf made in the seventh year of the Reign of the late King Iames;) and upon such Fines, Pains and Penalties as are in the said Statute contained, (in case you, or any of you, do neglect to perform what is in this behalf before commanded.)
Lastly, That upon some day (about three or four days before every of our said Assemblies or Meetings) you the said Constable and Borsholders [Page 197] do meet and consult together touching the making of your Return to us of what you have done between every such our Assembly or Meeting; and do also then agree how to divide your selves in your then next Search, and where to meet in the morning then next following, for your more ready giving to us your account of what you have done in the said Search.
A Mittimus of a Rogue thither, taken in the general Search.
Kent ss. FOrasmuch as it appeareth unto7 Iac. c. 4. me, That A. B. of, &c. is of lewd life, &c. These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him or her safely convey, or cause to be conveyed, to the aforesaid House of Correction, and there deliver him or her to the said Keeper of the same, there to be punished and set on work during the space of, &c. delivering also to the said Keeper this Precept. Commanding likewise you, the said Keeper, to receive A. B. into the said House, and him or her there to punish and set on work, (according to the tenour of this Precept.) Hereof fail not at your perils. Given under my hand and seal at, &c.
Of an idle Person out of Service, &c.
K. ss. FOrasmuch as C. D. of, &c. (according Dalt. 113. 7 Iac. c. 4. to the Crime as below) a These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do safely convey the said C. D. to the aforesaid House of Correction, and him there deliver to the said Keeper of the same, together with this Precept. Commanding also you, the said Keeper, to receive him into the said House, and there set him to work and labour from time to time by the space of, &c. next after such his delivery unto you; in the mean time to punish him according to Law. Hereof fail not at your perils. Given under my hand and seal at, &c. Dalt. 113. 2 Iustices 730. 7 Iac. c. 4.
A Mittimus to the House of Correction of an idle Person, that would run away, and will not work to maintain his Family.
Kent ss. FOrasmuch as it hath been proved7 Iac. c. [...]. If run aw [...] and lea [...] his Fai [...] to the Parish, is adjudged incorrigible Rogue. 2 Iustices of that Division. 2 Witnesses up [...]n Oath. before us upon Oath, (according to the form of the Statute in that case made and provided) That A. B. of the Parish of C. aforesaid (being able to work, and thereby relieve his Family) hath threatned to run away, and leave his said Family upon the Parish of C. aforesaid: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, (unless he do put in sufficient Securities for the discharge of the Parish) that you, some or one of you, do take the said A. B. and him safely convey to the said House of Correction, and there deliver him to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said House, and there deal with and detain him as a sturdy and wandring Rogue, and to be delivered at the next Assembly or Meeting within this lower Division of the Lath of Scray, for the better execution of an Act of Parliament made in the seventh year [Page 200] of the Reign of our late Sovereign Lord King Iames over England, (intituled, An Act for the due Execution of divers Laws and Statutes heretofore made against Rogues, Vagabonds, and sturdy Beggars, and other lewd and idle Persons) or at the Quarter-Sessions, and not otherwise. Hereof fail not at your perils. Given under our hands and seals at, &c.
A Liberate from thence.
Kent ss. WHereas C. D. was by Warrant from us sent to the said House of Correction, and is at present in your Custody there: Now if the said C. D. is in your Custody for the cause aforesaid, and no others, We do hereby authorize and command you forthwith (upon receipt hereof) to set C. D. at large from your said Custody: For which this shall be your sufficient Warrant. Given under our hands and seals at A. in the said County the, &c.
Huy and Cry.
The Examination of a Person robbed on the High-way praying an Huy and Cry.
Kent ss. THIS Examinant deposeth and27 Eliz. cap. 13. saith, That as he was riding on Saturday the first day of April last past from the Town of A. in the County of B. to C. in the same County, he was assaulted in the common High-way leading from one of the said Towns to the other, at or near a place there called K, at about eleven of the clock in the forenoon of the same day, by two Footmen, who there seised upon him this Examinant, and carrying him into a certain Wood, robbed him, and bound him. And this Examinant farther saith, That he is since informed, that the said place and Wood are both in the Parish of A. aforesaid, and so within the Hundred of A. and D. in the said County. And this Examinant farther saith and deposeth, That the said Thieves did then seloniously take from him and rob him of 10 l. 17 s. in money, and one cloath Saddle with Stirups and Girts, [Page 202] worth in all 10 s, and two leather Purses, two Knives, &c. in all worth 5 s. And this Examinant farther saith and deposeth, That he then did not, nor yet doth know the Parties that committed the said Robbery, or either of them.
Another.
Kent ss. A. B. of C. in the County of D. 27 Eliz. cap. 13. did upon the present 10. day of October in the 31. year of the Reign of our Sovereign Lord Charles the Second, &c. personally come before me E. M. Esq (one of His Majestie's Justices of the Peace for the said County of D. inhabiting in the Parish of Saint M. C. in the County aforesaid, in the Hundred of R. in the said County) and upon his corporal Oath then taken before me did say, That upon Friday the 8. day of May last past, at about the hour of seven of the clock in the afternoon of the same day, in the King's Highway, (at a certain place called E. F. in the Parish of C. in the aforesaid Hundred of R. in the said County of D.) he was assaulted by five men, all unknown to him the said A. B; and they the said five men did then and there feloniously take and carry away from him the said A. B. 100 li. in moneys numbred, of the moneys of him the said A. B. and also his Goods and Chattels (that is to say) one Ring with a deep Table-stone set in the same, one Watch in two gold Cases, &c. to the value of 30 li. and robbed him the said A. B. of all and every [Page 203] the Moneys, Goods and Chattels aforesaid. And the said A. B. was on the day and year first above mentioned (upon his Oath aforesaid) by me examined, whether he did know the Parties that committed the said Robbery, or any of them: And he then (upon his Oath) did say, that he (neither at the time of the said Robbery committed, nor at any time since) did know, or doth yet know the said Parties that committed the said Robbery, nor any of them. In testimony whereof I, the aforesaid Justice, have hereunto set my hand and seal the day and year first above written.
The Examination of a Person robbed on the High-way by three Persons, one of which he knew.
Kent ss. THat about three weeks since he3 Ed. 1. was riding from C. aforesaid, towards Feversham, in the said County of K. and in the High-way within the Parish of F. in the said County of K. he was set upon by three Persons, and was by them robbed, and they took from him, &c. And he saith and deposeth that he doth know one of those Persons, [Page 204] and saith that his name is E. F. an Essex man, born in, &c. and of the age as he adjudgeth him, of 30 years or thereabouts, and the others he saith he knoweth not.
An Huy and Cry upon the escape of a Prisoner from the Constable.
Kent ss. WHereas A. B. Constable of3 Ed. 1. [...] Iustice. the Hundred of M. within the said County, having yesterday (together with two Precepts) delivered unto him the Body of C. D. of, &c. before charged with the suspicion of his felonious taking of one Gelding, to be by him the said Constable and other Officers conveyed to the Gaol for the said County at M. in the County aforesaid, hath this day (as the said Constable hath upon his complaint informed me) made a felonious escape from him: These are therefore (in His Majestie's name) to require you, and every of you, to make diligent search within your several Precincts for the said C. D. being a Person about 30 years of age, of a middle stature, slender body, long black curled hayr, having on his body a short coloured close Coat, light grey Breeches and Stockings, a narrow-brim'd Hat; And also that you the said respective Officers do make Huy and Cry [Page 205] after him from Town to Town, and from County to County, and that as well by Horsemen as Footmen; And if you shall find him the said C. D. that then you do convey him before some Justice of the Peace, within the County where he shall be taken, by him to be dealt withall according to Law. Hereof fail not at your perils. Given, &c.
A Warrant for a Huy and Cry after a Felon.
K. ss. WHereas I have received Information1 Iustice. 28 Ed. 3. cap. 11. and Charge against A. B. who is a Person of evil fame, (describe the Person, Age, and Apparel) who is charged before me to have assaulted and taken from the person of C. D. on the second day of Iune last, at, &c. ten pounds in moneys numbred, &c. (according to the Information) And he the said A. B. is very much suspected to have committed several other Felonies; and notwithstanding several endeavours for apprehension of him, he hath not as yet been apprehended, but hath withdrawn himself, and is fled: These are therefore (in His Majestie's name) to command you, and every [Page 206] of you, to make diligent search within your several Precincts for the said A. B. and to make Huy and Cry after him from Town to Town, and from Country to Country, and that as well by Horsemen as Footmen, (according to Law:) And if you shall find the said A. B. that then you do carry him before some one of His Majestie's Justices of the Peace within the County or place where he shall be taken, to be dealt withall according to Law. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant to search for a Person (who hath committed a Robbery,) and for Goods stoln.
Kent ss. WHereas I have received Information, That a bay Gelding about 15 hands high, with a bald Face, (his Head bigger than ordinary) two wall Eyes, a short Tail, aged about 7 years, his paces all Trot, being the Gelding of R. G. of B. in the said County, Gent. was in the night of the 18. day of this instant [Page 207] Iuly stoln out of his Land in B. aforesaid, and that he suspecteth a Person (whose name he knoweth not) of a middle stature, aged about 22 years, and in saddishcoloured Cloaths, to have stoln this Gelding aforesaid: These are therefore (in His Majestie's name) to command you, and every of you, to make diligent search (within your several Precincts) for the Gelding and person aforesaid, and to make Huy and Cry after the said Person from Town to Town, and from Country to Country, (according to Law:) And if upon your search or otherwise you shall find the said Person, or the Gelding aforesaid, or other just cause of suspicion, that then you carry the said Person, or other Persons suspected, before some one of His Majestie's Justices of the Peace of the County or place where he or they shall be taken, (to be dealt with according to Law.) Hereof fail not at your perils. Given under my hand and seal this, &c.
Inns of Court.
A Warrant from one of the Judges, a Member of an Inns of Court, against one of that Society, for refusing to observe the Order of the House.
Mid. ss. WHereas I Sir R. R. Knight, one of the Justices of the Court of King's Bench, am informed and fully satisfied, by some of the Masters of the Bench of the Society of, &c. That F. M. Gent. lately a Member of the said Society hath for his contempt of several Orders of Council made for the compelling him to pay his Commons, and other Duties amounting to a considerable Summ, been by order of Council expelled the Society, and his Chamber and Study seized to the use of the House; notwithstanding which, the said F. M. without performance of any of the said Orders, hath contemptuously broken off Padlocks, put upon his Chamber door, entred thereinto, and made use thereof, and both in Words and Deeds reproachfully and contemptuously slighted and affronted the Governours and Government of the said Society, and that he continues [Page 209] at this present actually and obstinately in his contemptuous Carriage, to the disturbance of the said Society, in contempt and violation of the Government thereof, and as a dangerous example to others, if not prevented by a speedy and severe proceeding against him. These are therefore (in His Majestie's name) straitly to charge and command you, and every of you, that you bring before us, or some other of the Justices of the Court of King's Bench, the Body of the said F. M. to answer to such Misdemeanors, Contempts, and Misbehaviour, as shall be objected against him by the Masters of the Bench, or others, on the behalf of the said Society, to the end that his Insolences may be repressed by such proceeding against him as shall be agreeable to Justice. Given under my hand and seal the 24th. day of Iune, in the 27th. year of the reign of our Sovereign Lord King Charles the Second over England, Annoque Dom. 1675.
Irish Cattel.
A Warrant to seize certain Cattel, imported from Foreign parts into England.
Kent ss. WHereas I am given to understand,18 Car. 2. cap. 2. 32 Car. 2. cap. that there are lately Imported into England, out of Ireland or some other Foreign parts, and are now remaining in your Precinct, certain Cattel and Beasts, prohibited by the late Acts of Parliament to be Imported. These are therefore (in His Majestie's name) to give you notice thereof, and to will and require you, and every of you, forthwith after sight hereof, to use your utmost diligence and endeavour to enquire, find out, and discover the same Cattel and Beasts, and the same to seize and take into your Custody, to the intent the same may be proceeded with as by the said Acts is appointed. Given under my hand and seal this, &c.
A Warrant to deliver to the Owners certain Cattel seized, as forfeited for being Imported from Foreign parts, upon proof that they were not so Imported.
Kent ss. WHereas complaint hath beenThe same Acts. made to me, that you, or some or one of you, have or hath seized and taken into your Custody certain Cattel belonging to, or late in the possession of A. B. viz. 2 Oxen, 3 Kine, 4 Heifers, 5 Yearlings, 100 Sheep, and 6 Swine as forfeited for being Imported out of Ireland into England, contrary to the late Acts of Parliament in that behalf. Now forasmuch as the said A. B. within 48 hours after such seizure hath made it appear to me, by the Oath of two credible Witnesses, viz.
That the same Cattel were not Imported from Ireland aforesaid, nor any other place beyond the Seas contrary to the said Acts. These are therefore (in His Majestie's name) to will and require you forthwith upon sight hereof, to deliver unto the said A. B. the said Cattel, aud every of them, without delay, according to the said Acts, as you will answer the contrary. Given under my hand and seal, &c.
A Warrant to kill the said Cattel.
Kent ss. WHereas I am given to understand,The last Act. That you, or some of you, having seized within your Precinct certain great Cattel, Sheep, and Swine, viz. (here name the Sorts and number of each Sort of the Cattel as the Case is) late belonging to or in the possession of A. B. as forfeited for being Imported out of Ireland, or some other Foreign parts beyond the Seas, contrary to the late Acts of Parliament in that behalf. And that the Importer or Importers thereof have been convicted of such Importation and Forfeiture of the said Cattel, yet nevertheless you the said Seizor or Seizors by the space of six days next after such Conviction and Forfeiture, have delayed and do still delay, or neglect to cause the same Cattel to be killed, whereby the distribution thereof according to the said Act is retarded and hindred. These are therefore to require you immediately upon sight hereof, to cause the said Cattel to be killed, to the end the same may be forthwith distributed as by the said Acts is required. And hereof you are not to fail. Given under my hand and seal, &c.
A Warrant to levy 40 s. upon the Seizor or Church-wardens that shall fail in killing, or making distribution as aforesaid.
Kent ss. WHereas I am given to understand,The last Act. That A. B. having seized within your Precinct certain great Cattel, Sheep and Swine, viz. (here name the Cattel ut supra) lately belonging to or in the possession of C. D. as forfeited for being Imported from Foreign parts beyond the Seas, contrary to the late Acts of Parliament in that behalf. And that the same are convicted and forfeited according to the same Acts, yet the said A. B. by the space of six days next after such Conviction and Forfeiture, have delayed and do still delay to cause the same Cattel and Beasts to be killed, and distribution to be made thereof according to the said Acts. Now forasmuch as Oath hath been made before me of the premisses: These are therefore (in His Majestie's name) to will and require you forthwith after sight hereof, to levy or cause to be levied the summe of 40 s. for every one of the said great Cattel, and 10 s. for every of the said Sheep, and 10 s. for every of the said Swine which should have been killed and distributed as aforesaid, in pursuance of the said Acts by Distress and Sale of the Goods and Chattels of the said A. B. rendering the said A. B. the [Page 214] over-plus, (necessary Charges of destreyning being first deducted) and in default of such Distress, to commit the said A. B. to the common Gaol of the said County, there to remain for the space of three months without Bail or Mainprise, according to the Statute in that behalf. Hereof you are not to fail. Given under my hand and seal, &c.
According to these Presidents may like Warrant or Warrants be made for Fish or other Goods, prohibited by the said Acts, Mutatis mutandis.
Lent.
A Warrant for the observing of Lent.
Kent ss. THese are therefore in His Majestie's name, and in pursuance of His said Majestie's late Proclamation, to will and command you, and every of you, that you, some or one of you, do cause to come and appear before us upon Thursday the second day of March, (name the place) all Inn-holders, Tavernors, Alehouse-keepers, Butchers, and all other Victuallers whatsoever within the said Hundred of, &c. And that you give notice to [Page 215] the said persons, that they bring with them two sufficient Sureties to enter into several Recognizances for His said Majestie's use, for the due observation of Lent, according to the effects and contents of the said Proclamation, and according to the Law in that case made and provided. And that you your selves, or one of you, be then and there present, and make a return in writing of all such as you shall have warned by virtue of this Warrant. Hereof, &c. Given, &c.
Licences.
A Licence for a Badger of Corn.
Kent ss. AT the general Sessions of the6 Ed. 6. cap. 14. 13 Eliz. 25. made perpetual. 5 Eliz. 5. 31 Eliz. 5. 21 Iac. 22. 2 Iustices. 1 Quorum. Not for above a year. Peace holden at M. in the County aforesaid this present day, A. B. of H. in the County aforesaid is admitted, licensed, and appointed by the Justices of the Peace of the said County, to be a common Badger, Lader, Kedder, Carrier, Buyer or Transporter of all manner of Corn, or Grain, in any Market or Fair within the Realm of England, and the same so bought to convert to Meal, and the same to carry to the City of L. or the Suburbs of the same, or to any other Market or Fair, so that he use the same, according to the tenour and true meaning of the Statute in that case made and provided, against Forestallers, Regrators, and Ingrossers, and not [Page 216] otherwise. The same Licence to have continuance from the day of the date hereof, until the next general Sessions of the Peace after the Feast of E. next coming, to be holden at M. aforesaid. In Witness whereof we have hereunto set our hands and seals this second day of November, 1680.
A Licence for a petty Chapman.
Kent ss. KNow ye that we R. K. and G. H. Esquires, two of His Majestie's Justices of the Peace within the County aforesaid, have licensed, and by these presents do license T. W. of M. in the County aforesaid, Yeoman, to be a petty Chapman, to wander and go from Town to Town, Village to Village, and place to place, to sell Pins, Points, Tapes, Laces, Knives, Gloves, Purses, &c. and such other kind of small Wares, and also to gather and buy Coney-skins, and such kind of small Wares within the County aforesaid, and not else-where. Provided that this our [Page 217] Licence shall continue in effect, only for the term of one whole year coming from the day of the date hereof, and no longer. In witness whereof, &c.
A Licence or Pasport for a Poor man to his Friends for Relief.
Kent ss. R. K. and T. B. Esquires, two of39 Eliz. cap. 4. His Majestie's Justices of the Peace for the same County greeting. Forasmuch as A. B. of C. &c. the Bearer hereof, being reduced to great poverty and necessity, hath desired a Testimonial or Licence for his safe travel unto the City of D. in the County of S. where he saith he was born and hath some Friends yet living, by whose Means and Friendship he hopeth to be fully relieved and holpen. In consideration whereof, Know ye that we the said R. K. and T. B. (as far as in us lieth) have licensed the said A. B. to travel and pass the direct way from C. unto the said City of D. so that his Journey be not for longer or further continuance than twenty days next after the date hereof, praying you, and every of you, not to molest or trouble the said poor man in his travel; but to permit and suffer him to pass, so that he shew himself in no respect offensive to His Majestie's Laws. In witness whereof, &c.
Another.
K. ss. R. K. and T. B. two of the Justices,It is convenient that the party be particularly described in this Pasport, lest others make use thereof. &c. Whereas the Bearer hereof A. B. of C. &c. having (shewing the cause of his travel) desired one Testimonial or Licence for his safe travel to the City of D. (shew to what place he goeth) Wherefore we (as much as in us lieth) do license the said A. B. to travel the direct way from C. in the said County of K. to the said City of D. so as his Journey be no longer than twenty days next after the date hereof, praying you, and every of you, to suffer him to pass in Peace, so that he demean himself orderly. In witness, &c.
A Licence to Beg.
Kent ss. R. K and T. H. Esquires, two of His Majestie's Justices of the Peace within the County aforesaid greeting. Whereas the Bearer hereof A. B. of C. in the County aforesaid, being a very poor man and blind, by reason whereof he is not able to Labour, nor get to live of himself, without the charitable Relief of others, and being now Resident [Page 219] in the said Town, is therefore to be relieved; and being likewise informed that the Town is at this present charged with more poor and impotent people than it is able to relieve. Know you therefore, that we the said Justices have licensed and allowed the said Poor man and his Leader, to go abroad and beg, gather, and receive the charitable Alms of well disposed people, inhabiting and dwelling within the Hundred of &c. in the said County, requiring you not to molest or trouble the said Poor man or his Leader for so doing, but desiring you rather to relieve him and his Leader in their necessity, as to you shall seem meet. This our Licence to remain and be in force for one whole year next ensuing the date hereof, and no longer. In witness whereof we have hereunto set our hands and seals, &c.
A Licence to Travel by Water on the Lord's day.
WHereas by Act of Parliament made in29 Car. 2. the 29th. year of His Majestie's Reign that now is, it is Enacted, That no person or persons shall use, employ, or travel upon the Lord's day with any Boat, Wherry, Lighter, or Barge, except it be upon extraordinary occasion, to be allowed by some Justice of the Peace of the County, or Head-Officer, or some Justice of Peace of the City, Burrough; or Town-Corporate where the Fact shall be committed, upon pain that every person so offending shall forfeit and lose the summe of five shillings for every such Offence, as by the said [Page 220] Act, (among other things) it doth and may appear: And forasmuch as A. B. of the Parish of Saint A. in the County of M. Gent. having extraordinary occasion to travel on the next Lord's day to B. in the County of S. and to use and employ a Boat, Wherry, or Barge in his said Journey, hath desired my Allowance thereof: These are therefore (in pursuance of the said Act) to will and require all Constables, Church-wardens, Overseers of the Poor, and all other Officers whom these presents may concern, to permit and suffer the said A. B. quietly and peaceaby to perform his said Journey on the next Lord's day as aforesaid, and to use and employ any Boat, Wherry, or Barge, at his discretion, without any Molestation or Disturbance whatsoever at their peril. Given under my hand and seal this tenth day of Iuly, Anno Dom. 1679. Annoque Regni Regis Caroli Secundi 31.
Another.
K. ss. THese are to certifie that A. B. C. D. E. F. the Bearers hereof have made it appear before me, that they have urgent occasions to pass on the next Lord's day from A. to B. by Water. All Constables, Church-wardens, and other His Majestie's Officers, are therefore required to permit the said Gent. to pass without interruption. Given under my hand and seal this second day of October 1680.
A Licence to Travel on the Lord's day.
THese are to certifie that A. B. of C. &c. where he now dwelleth, having informed me that he hath a Brother living at C. in the County of H. where he lieth now very Sick, and he hath a desire to see him. Know ye that for this cause I do hereby license him to travel upon the next Lord's day the direct way to his Brother. Willing and requiring you not to molest or hinder him for the same, so that he behave himself orderly in his travel. Given under my hand, &c.
Misdemeanours.
A general Warrant for the same retornable before a particular Justice.
Kent ss. THese are (in His Majestie's1 Iustice. Dalt. 481. name) to command you, that you, some or one of you, do cause A. B. of C. [Page 222] to come before me, to answer unto such matters of Misdemeanour as (on His Majestie's behalf) shall be objected against him, and farther to doe and receive as to Justice doth appertain. Hereof fail not at your perils. Given under my hand and seal at, &c.
Or thus:
THese are to will and require you (in His Majestie's name) straitly to charge and command you, and either of you, that immediately upon the sight hereof (or upon Thursday next at two of the clock in the afternoon) you bring A. B. of your said Town, Barber, before me, to answer to such matters of Misdemeanours as (on His Majestie's behalf) shall be objected against him. And hereof fail you not at your perils. Given under, &c.
The like retornable before any Justice, and the Accuser to have Notice.
Kent ss. THese are (in His Majestie's name) to command you, that you, some or one of you, do cause A. B. of, &c. to come before me, or some other of His Majestie's Justices of the Peace of the said County [Page 223] to answer unto such matters of Misdemeanour as (on the behalf of His said Majesty) shall be objected against him by E. F. of, &c. Husbandman, and farther to doe and receive as to Justice doth appertain. And you are farther hereby required to give convenient notice to the said E. F. of the time and place when, whither, and before whom you shall cause the said A. B. so to come, in execution of this Precept, to the end that the said E. F. may then and there also be personally present, to make appear the Misdemeanour aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Condition of a Recognizance for Misdemeanour.
UPon this Condition, That if you A. B. [...]hall personally appear before our Sovereign Lord the King's Justices of the Peace at the next general Sessions of the Peace to be holden for the Liberty of Saint A. and do then and there make answer unto all such things which (on His Majestie's behalf) shall be objected against you, and do not depart thence without Licence of the Court, Then your Recognizance to be void, or else to stand in full force, &c.
Murther.
A Condition of a Recognizance to prefer a Bill of Indictment, and to give Evidence at the next general Gaoldelivery, alias Assizes, to both Iuries in case of Murther.
THE Condition of this Recognizance isSee Title Recognizances. such, That if the above bound W. B. do personally appear before His Majestie's Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of Kent, and do then and there prefer or cause to be preferred a Bill of Indictment against A. B. C. D. E. F. G. H. and I. K. for murther of L. M. Gent. deceased, wherewith the said A. B. and C. D. are chargeable before the within named Justice, and with suspicion whereof the said E. F. G. H. I. K. are also charged before the Justice aforesaid, and do also then and there give such Evidence as he knoweth concerning the Murther aforesaid, as well to the Jurors as shall enquire thereof on the behalf of our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trial of the said A. B. C. D. E. F. G. H. I. K. or any of them for the same, then this Recognizance shall be void, or else it shall stand in full force and virtue.
A Condition of a Recognizance to prefer a Bill, and give Evidence at Assizes.
THE Condition of this Recognizance is such, That if the above bound A. B. do personally appear before His Majestie's Justices assigned to keep His Peace in the above named County of C. at the next general Sessions of the Peace to be holden for the said County at the Castle of C. in the County aforesaid, and do then and there prefer or cause to be preferred one or more Bill or Bills of Indictment against M. W. of, &c. and do then and there also give such Evidence as he knoweth concerning the same against the said M. W. to the Jurors that shall enquire thereof on the behalf of our Sovereign Lord the King that now is; That then this Recognizance shall be void and of no effect, or else it shall stand in full force.
A Recognizance to prefer a Bill of Indictment, and to give Evidence to both Iuries at the next general Gaoldelivery, alias Assizes, in case of an Abettor in Murther.
THE Condition of this Recognizance is such, That if the within bound W. B. do personally appear before His Majestie's Justices of the Gaol-delivery at the next general Gaoldelivery to be holden for the within named [Page 226] County of K. do then and there prefer or cause to be preferred a Bill of Indictment against Sir P. H. Knight, touching his the said Sir P's being an Abettor to the Murther of M. C. deceased, (wherewith [...]e is charged before the within named Justices) and do also then and there give such Evidence as he knoweth concerning the matter aforesaid, as well to the Jurors that shall enquire thereof on the behalf of our Sovereign Lord the King, as also to the Jurors that shall pass upon the Trial of the said Sir P. H. for the same; That then this Recognizance shall be void, or else stand in full force, &c.
Nets, Dogs and Conies.
A Warrant to search for Nets and Setting-dogs, upon the Statute of 7 Iacobi.
Kent ss. BY virtue of an Act of Parliament7 Iac. c. 11. 2 Iustices, and their hands. in that behalf made, These are therefore (in His Majestie's name) to authorize and command you, and every of you, to enter into and search the house or houses of any person or persons within the said Hundred, other then such person or persons [Page 227] which have Free-Warren, or is Lord of a Mannor, or is such Freeholder which is seized in his own right or the right of his Wife, of Lands, Tenements, or Hereditaments, to the clear yearly value of forty pounds or more by the year, (over and above all charges and reprises) of some estate of inheritance; Or of Lands, Tenements, or Hereditaments, in his own right, or in the right of his Wife, (for term of life or lives) of the yearly value of fourscore pounds, (over and above all charges and reprises) Or which is worth in Goods orPheasants, &c. to be taken onely between Michaelmas and Christmas. Chattels four hundred pounds, suspected to have Setting-dogs, or Nets (for the taking of Pheasants and Partridges.) And that wheresoever you, or any of you, shall find any such Setting-dog or Nets, the same you take, carry away, and detain, kill, destroy, and cut in pieces, as things prohibited by the Act aforesaid, and forefeited to such of you as shall find out and take the same as aforesaid. Hereof fail not at your perils. Given under our hands and seals at M. in the said County the, &c.
The like upon the Statute of 22 and 23 Caroli Secundi.
Kent ss. BY virtue of an Act of Parliament in that behalf lately made, These are therefore (in His Majestie's name) to authorize and command you, and every of [Page 228] you. (in the day time) to search the houses, out-houses, or other places, of any person or persons (within the said Hundred,) other then of such person as hath Lands and Tenements, or some other estate of inheritance, (in hisThis may be directed to any special person or persons, (as well as to the Officers. own or in his Wife's right) of the clear yearly value of one hundred pounds per annum, or for term of life, or which hath a Lease or Leases of ninety nine years (or for any longer term) of the clear yearly value of one hundred and fifty pounds, or which is the Son and Heir apparent of an Esquire, (or other person of higher degree,) or which are Owners or Keepers of Forests, Parks, Chases or Warrens, (being Stocked with Deer or Conies, for their necessary use, in respect of the said Forests, Parks, Chases or Warrens) as upon good ground shall be suspected to have or keep in his or their custody any Guns, Bows, Grey-hounds, Settingdogs, Ferrets, Cony-dogs, or other Dogs, (to destroy Hares or Conies) Hays, Tramels, or other Nets, Low-bells, Hare-pipes, Snares, or other Engines for the taking and killing of Conies, Hares, Pheasants, Partridges, or other Game, and such Guns, Bows, Grey-hounds, Setting-dogs, Ferrets, Cony-dogs, or other such Dogs, as aforesaid, Hays, Tramels or other Nets, Low-bells, Hare-pipes, Snares, or other Engines aforesaid, as you, or any of you, shall so find, to seize, detain, and keep, to and for the use of the Lord of the Mannor or Royalty where the same shall be so found, or taken, or otherwise to cut in pieces or destroy, as things by the said Act prohibited to be kept by persons of their degree. And what you shall doe in the premisses, you shall make known unto me (with all convenient speed.) Hereof fail not at your perils. Given under my hand and seal at, &c.
A Mittimus against persons that refuse to enter into Recognizance, to appear at Sessions for their keeping Ferrets, and Nets to kill Conies.
Kent ss. FOrasmuch as A. B. and C. D. of E. in the County aforesaid, being this present day brought before me by Warrant by the Constable of E. aforesaid, and being examined did upon their examination confess that they had kept and used Nets and Ferrets for the taking and killing of Conies by the space of a year last past, contrary to the Statute in that case made and provided. And being required to enter into Recognizance for their appearance at the next general Quarter-Sessions of the Peace to be holden for the said County they did both refuse so to do: These are therefore (in His Majestie's name) straitly to charge and command you, that you receive into your Custody the Bodies of the said A. B. and C. D. whom I send you by H. T. one of the Constables of E. aforesaid, and them safely to keep, untill they shall enter into such Recognizance as aforesaid, or that they be otherwise discharged according to Law. Hereof fail not at your perils. Given under my hand and seal, &c.
A Warrant for one that Hunts with Spannels in Ear'd Corn.
K. ss. FOrasmuch as complaint hath been23 Eliz. cap. 10. made unto me, That A. B. of your Town of C. Gent. did in September last past Hunt with his Spannels in the Ground of R. H. where Corn did then grow, at which time the same Corn was Eared or Codded, and Standing, (without the consent of the said R. H. then Owner of the same Ground) contrary to the Statute in that case made and provided, by which he hath forfeited forty shillings to the said R. H. the Owner of the said Ground: These are therefore (in His Majestie's name) to command you, and every of you, that some or one of you, do warn him the said A. B. to come before us at T. the second day of Iune next, to answer the premisses, and to be then there your self with this Warrant. Given under our hands and seals, &c.
If he appear not, then say, to put in Sureties for his appearance at the next general Sessions of the Peace to be holden for this County, to answer the said offence, and pay the penalty. And in case he refuse so to doe, that then you, some or one of you, safely convey him to the Gaol of, &c. and him there deliver to the Keeper of the same, (together with this Precept.) Commanding also you the [Page 231] said Keeper to receive him into the said Gaol, and him there safely to keep, untill he shall find Sureties as aforesaid. Given under my hand and seal, &c.
Oaths.
The Oath which is usually ministred to a Iustice of the Peace in the several Counties of England.
YE shall Swear, that as Justice of theWith this is to be taken the Oath of Supremacy. Peace in the County of K. in all Articles in the King's Commission to you directed, you shall doe equal right to the Poor and to the Rich, after your cunning, wit and power, and after the Laws and Customs of this Realm, and Statutes thereof made: And ye shall not be of Council of any Quarrel hanging before you: And that you hold your Sessions after the form of the Statutes thereof made: And the Issues, Fines, and Amercements that shall happen to be made; and all Forfeitures which shall fall before you, ye shall cause to be entred without any concealment (or imbeziling,) and truly send them to the King's Exchequer; ye shall not lett for gift, or other cause, but well and truly you shall doe your Office of Justice of the Peace in that behalf: And that you take nothing for your Office of Justice of the Peace to be done, but of the King, and Fees accustomed, and Costs limited by the Statute: And ye [Page 232] shall not direct, nor cause to be directed, any Warrant (by you to be made) to the parties, but ye shall direct them to the Bailiffs of the said County, or other the King's Officers (or Ministers,) or other indifferent persons, to doe Execution thereof.
So help you God, &c.
The Oath of Supremacy.
I A. B. of, &c. do utterly testifie and declare in1 Eliz. c. 1. my Conscience, That our Sovereign Lord King Charles the Second is the onely Supreme Governour of this Realm, and of all other His Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical things or causes as Temporal. And that no foreign Prince, Person, Prelate, State or Potentate hath, or ought to have, any Jurisdiction, Power, Superiority, Preheminence or Authority, Ecclesiastical or Spiritual, within this Realm. And therefore I do utterly renounce and forsake all foreign Jurisdictions, Powers, Superiorities and Authorities. And do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness, His Heirs and lawfull Successors. And to my power shall assist and defend all Jurisdictions, Privileges, Preheminences and Authorities, granted or belonging to the King's Highness, His Heirs and Successors, or united and annexed to the Imperial Crown of this Realm.
So help me God.
The Oath of Allegiance.
I A. B. do truly and sincerely acknowledge,3 Iac. c. 4. profess, testifie, and declare in my Conscience before God and the world, That our Sovereign Lord King Charles the Second is lawfull and rightfull King of this Realm, and of all other His Majestie's Dominions and Countries, and that the Pope neither of himself nor by any authority of the Church or See of Rome, or by any other means with any other, hath any power or authority to depose the King, or to dispose of any of His Majestie's Kingdoms or Dominions, or to authorize any foreign Prince to invade or annoy Him, or His Countries, or to discharge any of His Subjects of their allegiance and obedience to His Majesty, or to give licence or leave to any of them to bear Arms, raise Tumult, or to offer any violence or hurt to His Majestie's Royal Person, State, or Government, or to any of His Majestie's Subjects, within His Majestie's Dominions. Also I do swear from my heart, That notwithstanding any Declaration or Sentence of Excommunication, or Deprivation, made or granted, or to be made or granted, by the Pope or his Successors, or by any authority derived, or pretended to be derived, from him, or his See, against the said King, His Heirs or Successors; or any Absolution of the said Subjects from their obedience. I will bear saith and true allegiance to His Majesty, His Heirs and Successors, and Him and Them will defend to the uttermost of my power, [Page 234] against all Conspiracies and Contempts whatsoever, which shall be made against His or their Persons, their Crown and Dignity, by reason or colour of any such Sentence or Declaration, or otherwise; and will do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, all Treasons and Traiterous Conspiracies, which I shall know or hear of to be against Him, or any of them.
And I do further swear, That I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable Doctrine and Position, That Princes which be Excommunicated or Deprived by the Pope, may be deposed or murthered by their Subjects, or any other whatsoever.Upon this Oath the party taking it shall subscribe his name or mark.
And I do believe, and in Conscience am resolved, That neither the Pope, nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministred unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any Equivocation or mental Evasion, or secret Reservation whatsoever. And I do make this recognition and acknowledgment heartily, willingly, and truly, upon the true faith of a Christian.
So help me God.
A Mittimus for refusing the Oath of Allegiance.
WE A. B. and C. D. two of His Majestie's2 Iustices, one of the Quorum. Justices of the Peace for the County of K. whereof A. B. is of the Quorum, do hereby commit to your custody the Body of E. F. for refusing to take the Oath of Allegiance. Requiring you to take and safely in Prison to keep him, till he shall be delivered by due course of Law, and for so doing this shall be your Warrant. Given under our hands and seals this second day of Iune, &c.
The Oath of Abjuration.
YOU shall swear, That you shall depart out35 Eliz. cap. 1. Stam. 119. Wilk. 40. of this Realm of England, and out of all other the King's Majestie's Dominions, and that you shall not return hither, or come again into any of His Majestie's Dominions, but by the Licence of our said Sovereign Lord the King, or of His Heirs.
So help you God.
The Oath of an Excise-man.
[With this must be taken the Oaths of Allegiance and Supremacy.]
YOU shall swear to execute the Office of12 Car. 2. cap. 23. 2 Iustices, who must certifie (the taking of this Oath) to the next Quarter-Sessions there to be Recorded. (name the place) truly and faithfully, without favour or affection, and shall from time to time true account make and deliver to such person or persons as His Majesty shall appoint to receive the same; and shall take no fee or reward for the execution of the said Office, from any other person then from His Majesty, or those whom His Majesty shall appoint in that behalf.
The under Sheriffs Oath touching the Impannelling of Iuries.
I A. B. shall not use or exercise the Office27 Eliz. cap. 12. before two Iustices, one of the Quorum. The Oath of Supremacy must be also taken by him, or forfeit 40 li. of under Sheriff corruptly, during the time that I shall remain therein; Neither shall or will accept, receive, or take, by any colour, means, or device whatsoever, or consent to the taking of any manner of Fee or Reward of any person or persons for impanelling or returning of any Inquest, Jury or Tales in the said Court for the King, or betwixt party and party above two shillings, or the value thereof; and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm; But [Page 237] will according to my power truly and indifferently, with convenient speed, impanel all Jurors, and return all such Writ or Writs touching the same as shall appertain to be done by my Duty or Office, during the time that I shall remain in the said Office.
So God me help.
The Oath of a Bailiff.
I I. D. shall not use nor exercise the Office27 Eliz. cap. 12. This Oath and that of Supremacy ought to be taken by every Bailiff that executes any Writ, or forfeit 40 li. of one of the Bearers of the Verges of His Majestie's Houshold, and one of the Officers and Ministers of the Court of our Sovereign Lord the King, of the King's Palace of Westminster corruptly, during the time that I shall remain therein: Neither shall or will accept, receive, or take by any colour, means, or device whatsoever, or consent to the taking of any manner of Fee or Reward of any person or persons for impaneling or returning of any Inquest, Jury, or Tales in the said Court, for the King, or betwixt party and party, above two shillings, or the value thereof, and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm; But will according to my power truly and indifferently, with convenient speed, impanel all Jurors, and return all such Writ or Writs touching the same, as shall appertain to be done by my Duty or Office, during the time that I shall remain in the said Office.
The Oath usually given to Churchwardens.
YOU shall execute the Office of Churchwarden in the Parish where you are chosen for this ensuing year, according to His Majestie's Laws Ecclesiastical; So help you God.
Or thus:
You shall execute the Office of Churchwarden in the Parish where you are chosen, according to your discretion and skill in His Majestie's Laws Ecclesiastical; So help you God.
The Oath of Obedience Canonical.
I A. B. do swear that I do approve theCan. 6. of 1640. Doctrine and Discipline, or Government established in the Church of England as concerning all things necessary to Salvation: and that I will not endeavour by my self, or any other, directly or indirectly, to bring in any Popish Doctrine contrary to that which is so established, nor will I ever give my consent to alter the Government of this Church; by Archbishops, Bishops, Deans and Archdeacons, &c. as it stands now established, and as by right it ought to stand; nor yet ever to subject it to [Page 239] the Usurpations and Superstitions of the See of Rome: And all these things I do plainly and sincerely acknowledge and swear, according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasior, or secret reservation whatsoever; And this I do heartily, willingly and truly upon the Faith of a Christian: So help me God in Jesus Christ.
If any Ecclesiastical person refuse this Oath, the Bishop shall give him a months time to inform, which if then denied, to be suspended ab officio, upon refusal at a second month granted, to be suspended, ab officio & beneficio; and after a third month granted, to be deprived of all his Ecclesiastical Promotions whatsoever, and execution of his Function which he holds in the Church of England.
The High Constable's Oath.
YOU shall swear, That you shall well and truly serve our Sovereign Lord the King in the Office of a Constable: You shall see and cause His Majestie's Peace to be well and truly kept and preserved according to your power: You shall arrest all such Persons as in your sight and presence shall ride or goe armed offencely, or shall commit or make any Riot, Affray, or other breach of His Majestie's Peace. You shall doe your best endeavour (upon complaint made) to apprehend all Felons, Barrettors, and Rioters, or Persons riotously assembled: and if any such Offenders shall make [Page 240] resistance (with force) you shall levy Huy and Cry, and shall pursue them untill they be taken. You shall do your best endeavour, that the Watch, in and about your Hundred be duly kept, for the apprehending of Rogues, Vagabonds, Night-walkers, Eves-droppers, Scouts, and other suspected Persons, and of such as go armed, and the like; And that Huy and Cry be duly raised and pursued according to the Statute of Winchester against Murtherers, Thieves, and other Felons; And that the Statutes made for the punishment of Rogues and Vagabonds, and such other idle Persons as come within your Bounds and Limits be duly put in execution: You shall have a watchfull eye to such Persons as shall maintain or keep any common House or Place, where any unlawfull Game is or shall be used; as also to such as shall frequent, or use such Places, or shall use or exercise any unlawfull Games there or elsewhere contrary to the Statutes. At your Assizes, Sessions of the Peace or Leet, you shall present all and every the Offences done contrary to the Statute made 1 Iacobi, 4 Iacobi and 21 Iacobi Regis, to restrain the inordinate haunting and tipling in Inns, Alehouses, and other Victualling houses, and for repressing of Drunkenness; You shall there likewise true presentment make of all Bloudsheddings, Affrays, Outcrys, Rescues, and other Offences committed or done against the King's Majestie's Peace within your Limits; You shall once every year during your Office present at the Quarter-sessions all Popish Recusants within your Liberty, and their Children above 9, and their Servants (scil. their monthly absence from Church) 3 Iac. 4. You shall well and duly execute all Precepts and Warrants to you directed from the Justice of [Page 241] Peace of this County, or higher Officers; You shall be aiding to your Neighbours against unlawfull Purveyances: In the time of Hay or Corn Harvest, upon request, you shall cause all Persons to meet to serve by the day for theIn this Oath is briefly comprehended the whole Duty of a Constable, and principal matters of his Office. mowing, reaping, or getting in of Corn or Hay; You shall in Easter-week cause your Parishoners to chuse Surveyors for the mending of the High-ways in your Parish or Liberty; and you shall well and duly according to your knowledge, power and ability, doe and execute all other things belonging to the Office of a Constable, so long as you continue in the said Office. So help you God.
The Oath taken by the Officers of the Marshal's Court.
YOU shall well and truly behave your self in the Office which you now undertake of one of the Bearers of the Virges of the Household of our Sovereign Lord the King, and one of the Officers and Ministers of the Court of our Sovereign Lord the King of His Majestie's Palace of Westminster; you shall well and truly execute all process of the said Court that shall come to your hands, and which may be by you executed with as much expedition as possibly you can; you shall execute no Writ but such as is signed and sealed with the sign and seal of this Court. You shall take no bribe, reward, or other gratuity for the executing of any process of this Court, other than the Court will allow of, or the Parties themselves without exaction shall willingly afford [Page 242] you; you shall make a true and just return of all such Writs of this Court as shall be by you sued the next Court day after the same are executed. You shall not disclose any process of the said Court to the Defendant or any other whereby he may have intelligence thereof; you shall not conceal any wrong or injury done or offered to the said Court, but shall forthwith disclose the same to the Judges thereof, and shall be ready with all diligence to perform the uttermost; you shall be commanded by the Judges of the Court aforesaid.
So help you God.
The Oath of a Constable.
YOU shall well and truly serve the King's Majesty in the Office of a Constable of the Parish of A. all Commissions, Precepts and Warrants that are directed to you, and shall come to your hands, you shall to the best of your power cause to be duly and truly executed, all Riots and Misdemeanours and breach of the Peace suppress. You shall punish all Rogues, Vagrants and idle persons, according to the Laws of this Land in that case made and provided; you shall diligently pursue all Hues and Cries; you shall see that the King's Majestie's Watch within the said Town of A. be duly and truly set according to His Majestie's Laws; you shall also do your best endeavour to suppress Drunkenness within the said Pa [...]ish, and to see the Laws and Statutes concerning the same to be duly put in execution; and all other things belonging to the Office of [Page 243] Constable, so long as you shall continue in your Office, you shall well and truly perform and doe so near as you can.
So help you God.
The Oath of an Ale-caster.
YOU shall swear that you shall well and truly serve the King's Majesty in the Office of an Ale-caster or an Assiser of that Liberty or Hundred for this year to come; you shall duly and truly see from time to time, that the Bread brought to be sold be truly weighed, and that the same do contain such weight according to the prizes of Wheat, as the Statute in that case hath provided; likewise you shall have diligent care during the time of your being in office, to all Brewers and Tiplers within your Liberty; that they and every of them do make good and wholsome Bear for man's Body, and that the same be not sold before it be assayed by you, and then to be sold agreeable to the prices limited and appointed by the King's Majestie's Justices of the Peace; and all faults committed and done by the Bakers, Brewers and Tylers, or by any of them, you shall make known and present the same at the next general Sessions to be holden for the said County; you shall likewise present all Offences of Drunkenness and haunting of Inns and Alehouses by the Inhabitants of the Parish, or of any other neighbouring Parishes whereby due punishment may be inflicted upon them for their Offence accordingly; and in every other thing you shall well and truly behave your self [Page 244] in the said Office for this year to come; so help you God, and by the Contents of that Book.
The Oath of a Commissioner of Sewers.
YE shall swear, that you to your cunning [...]3 H. 8. cap. 5. wit and power, shall truly and indifferently execute the Authority to you given by this Commission of Sewers without any favour, affection, corruption, dread or Malice to be born to any manner of Person or Persons; And as the case shall require, ye shall consent and indeavour your self for your part to the best of your knowledge and power, to the making of such wholsom, just, equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you, for the due redress, reformation and amendment of all and every such things as are contained and specified in the said Commission; and the same Laws and Ordinances to your cunning, wit and power cause to be put in due execution without favour, meed, dread, malice or affection, as God you help and all Saints.
The Oath of a Searcher in the Custome House.
YE shall swear, That ye shall serve the King well and truly in the Office of the Searcher-ship in the Port of N. and doe the King's Profits in all things that belongeth to you to doe by way of your Office, and well and truly ye shall make due search of all the Ships and Vessels, coming in or passing out of the said Port, and truly answer the King of all that shall belong unto him in your said Office without fraud or malign, after your wit and power, As God help you.
The Oath given to a Iury, before Evidence given in against a Prisoner at the Bar.
YOU shall true deliverance make between our Sovereign Lord the King and the Prisoner at the Bar, as you shall have in charge according to your Evidence, as near as God shall give you Grace. So help you God, and by the Contents of this Book.
The Oath given to a Bayliff or Serjeant that attendeth on any Iury or Inquest at an Assise.
YOU shall well and truly keep this Inquest from Meat and Drink, Fire and Candle; you shall not suffer any man to speak with them, neither shall you your self speak with them, more than ask them if they be agreed, untill such time as they be agreed. So help you God, and by the Contents of this Book.
The Oath of him who craves the Peace against another.
YOU shall swear that the surety of the Peace which you crave against A. B. is not for hatred or malice which you [...]ear him, but for safety of your Body from harm, which you fear he will doe or procure to be done unto you.
So help you God.
Or thus.
YOU shall swear that the surety of the Peace which you crave against A. B. is not of any private malice, hatred or evil will, but meerly that you are afraid of your life, or the hurting or maiming of your Body, or the burning of your houses.
So help you God.
Another Oath to give a man upon examination or upon information.
YOU shall true answer make to all such matters as shall be demanded of you concerning the beating of A. B. you shall speak the whole truth, and nothing but the truth.
So help you God.
The Oath of him that gives Information.
THE Information that you shall give on the King's Majestie's behalf against A. B. shall be the truth, the whole truth, and nothing but the truth.
So help you God.
Sometimes you pump a Witness by this Oath, thus.
YOU shall true answer make to all such questions as by me shall be demanded of you.
So help you God.
The Oath to be given to any Iury, by whom a Nisi prius is to be tryed.
YOU shall truly try this Suit of Nisi prius between Party and Party, according to the Evidence as shall be given you in Court, as near as God shall give you Grace.
So help you God, &c.
The Oath to be given to such as are to give Evidence between a Party and Party at a Nisi prius.
THE Evidence that you shall give to this Inquest concerning the matter in varience, shall be the truth, and the whole truth, and nothing but the truth so near as God shall give you Grace.
So help you God, &c.
The same Oath that your Foreman hath sworn, you of your part shall well and truly keep.
So help you God, &c.
The Oath of a great Inquest.
YOU shall truly enquire and due presentment make of all such things as you are charged withall on the King's behalf, the King's Council, your own, and your fellows, you shall well and truly keep; and in all other things the Truth present.
So help you God, &c.
The Oath of those that give Evidence upon Bills of Indictment.
THE Evidence that you shall give to the Inquest upon this Bill shall be the truth, and the whole truth, and nothing but the truth; and you shall not lett so to doe for malice, hatred or evil will, nor for meed, dread, savour or affection.
So help you God, &c.
Officers.
The Nomination of Officers by Iustices of the Peace.
Kane. ss. WE His Majestie's Justices of the Peace of the said County, whose hands and seals are hereunto set, do nominate and appoint A. B. of the Township of C. in the said County, Bailiff of the Township aforesaid, and D. E. of the said Township under-Bailiff of the same; commanding each of them to take upon him his respective Office aforesaid, untill he shall be from thence lawfully discharged, and forthwith to repair to one of His Majestie's Justices of the Peace of the County aforesaid, before him to take his Oath for the Faithful execution of the said respective Office. Given under our hands and seals at F. in the said County the tenth day of Sept. 1679. Annoque Regni Regis Caroli Secundi 31.
Orchards.
A Warrant against Robbers of Orchards, &c.
Kent ss. FOrasmuch as it hath been duly proved before me, That A. B. of your Town of A. Weaver, hath within three months last past, robbed the Orchard or Garden of C. D. of your Parish, and carried away great quantities of Apples, &c. or digged up or pulled up his Fruit-trees or cut or carried away his Corn, Grain or Hay growing, or cut his Hedges, Pales, Rales, or Fences, or cut and spiled his Woods or Underwoods, Pools or Trees standing in A aforesaid. to the value of 50 s. And that F. G. of your said Town, Baker, hath procured and abetted him so to doe, and received and bought of him divers of the same things, to the great damage of the said C. D. contrary to the la [...]e Act of Parliament in that case made and provided. I do therefore hereby order and require, That the said A. B. shall within six days after notice to him given of this my Order, pay the said C. D. 20 s. and that the said F. G. do within six days after notice to him given of this Order, pay unto the said C. D. 30 s. in recompence to him for his wrongs aforesaid; and that these payments he made in the presence of the said Constable hereby commanded upon request to [Page 252] see it done; and hereof you are forthwith to give them notice, and if either of them shall not pay the same, that then you do give me notice thereof, to the end they may be farther proceeded against according to the said Statute. And hereof fail not, &c. Given under our, &c.
Upon non-payment, to be whipt.
Kent ss. FOrasmuch as it hath been dulyThe Officer upon neglect to suffer imprisonment till the Offender be punished. proved before me, That A. B. of your Town of A. Weaver, hath within three months last past, robbed, &c. (as before) so made and provided; Wherefore the premisses considered, and that I judge the said Offenders A. B. and F. G. unable to make satisfaction for the said wrong, I do hereby order that they be forthwith committed to the said Constable of A. to be whipped, the which you are hereby required forthwith to doe at your peril. Given under our hands, &c.
Peace.
A Warrant to find Sureties for the Peace.
K. ss. FOrasmuch as A. B. of C. hath this1 Iustice by the first Assignavimus of the Commission of the Peace. Any of these causes are sufficient. Lamb. 47. 3 Ed. 1. c. 9. W. 1. 1 R. 2. c. 2. 1 H. 4. c. 1. 2 H. 4. c. 1. 7 H. 4. c. 1. present day taken his corporal Oath before me, that C. D. of, &c. aThat he is afraid that A. B. of C. will beat, wound, maim, kill him, or burn his house. That A. B. of. C. hath already assaulted, beaten, bruised him; and farther, hath threatned him in such sort, that he is afraid that the said A. B. will beat, wound, maim, kill or do him some other bodily harm. That A. B. hath already threatned that he will beat, wound, maim, kill or do him some other bodily harm. Or burn his house. And that he is afraid that he will accordingly so doe. Where the Warrant is against two; for the Peace say, As well for their respective personal appearance, &c. And that they respectively will in the mean time, &c. And if they or either of these A. B. and C. D. shall refuse so, &c. Convey them or him so refusing to the Gaol aforesaid, &c. And them or him so conveyed, there to deliver, &c. To receive them or him so delivered, unto the said Gaol, and them or him so delivered there safely, &c. Untill they or he so delivered shall find, &c. And [Page 254] hath therewithall prayed Surety of the Peace against the said C. D. These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do cause the said C. D. to come before me or some other of His Majestie's Justices of the Peace of the said County, to find sufficient Security, as well for his personal appearance at the next general Session of the Peace to be holden for the said County at T. aforesaid, then and there to doe and receive as by the said Court shall be injoyned, as also that he will in the mean time keep His Majestie's Peace towards His said Majesty and all His liege People, and especially towards the said A. B. and if the said C. D. shall refuse so to doe, that then (without expecting any further or other warrant) you, some or one of you, do safely convey him to the Gaol aforesaid, and him there deliver to the said Keeper of the same, (together with this Precept.) Commanding also you the said Keeper, to receive him into the said Gaol, and him there safely to keep untill he shall find such sufficient Security as aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant to find Sureties for the Peace where an Assault is made upon an Officer in discharge of his Office.
K. ss. FOrasmuch as Complaint was this day made unto us by W. W. Borsholder of the Borough of the Town of C. in the said County, That R. L. of C. in the said County, Gent. and I. W. the younger of C. aforesaid, Shoemaker, did in the month of February last past at C. aforesaid, within the Borough aforesaid, assault and beat several Persons, and the said W. W. then Borsholder of the Borough aforesaid, being then and there present, did then and there (in His Majestie's name) command the said R. L. and I. W. to keep His Majestie's Peace, yet notwithstanding they did continue in breaking the same in his presence, and then and there assaulted him, and threatned to kill him, all which he hath maintained upon his Oath before us, and that he is afraid that the said R. L. and I. W. will kill, wound, beat, or do him some bodily harm, and hath prayed Security of the Peace to be by us granted unto him against the said R. L. and I. W. [Page 256] These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, that you, some or one of you, do bring the said R. L. and I. W. before us, some or one of us, or some other of His Majestie's Justices of the Peace of the said County, to find several and respective sufficient Security for their several and respective personal appearance at the next general Quarter-Sessions of the Peace to be holden for the said County at M. aforesaid, then and there to doe and receive as by the Court shall be injoyned; and in the mean time to be of good behaviour, as well towards our Sovereign Lord the King, as all His liege People. And in case that they the said R. L. and I. W. or either of them shall refuse so to doe, that then (without expecting any further or other Warrant) you do convey him or them so refusing to the Gaol aforesaid, and them or him to deliver to the Keeper of the same, (together with this Precept.) Commanding also you the said Keeper (in His Majestie's name) to receive them or him so delivered unto you into the said Gaol, and them or him there safely keep untill they or he shall give such Security as aforesaid. Given under our hands and seals at, &c.
A Supersedeas of a Warrant for the Peace.
Kent ss. FOrasmuch as R. I. of H. hath personaly appeared before me, and hath found two sufficient Sureties, viz. A. B. of C. and E. F. of G. either of them in the summ of ten pounds, and the said R. I. in twenty pounds, which they have acknowledged before me, by Recognizance to His said Majestie's use, upon condition that the said R. I. shall appear at the next general Sessions of the Peace to be holden for this County, and in the mean time to keep the Peace towards His said Majesty and all His liege People; and especially towards L. M. of, &c. Therefore these are (in His Majestie's name) to command and require you, and every of you, That you do forbear and surcease to arrest, attach, take, imprison or otherwise by any means, (for the said occasion) to molest the said R. I. And if he be or hereafter shall be, for the said occasion, and for none other taken, or imprisoned, that then immediately, upon sight hereof, you do cause him to be delivered and set at liberty without further delay. Given under, &c.
A Mittimus for breaking the Peace.
Kent ss. I Send you herewithall the Body of A. B. whome I charge and require you, (in His Majestie's name) to take into your safe custody for divers Misdemeanours committed by him against His said Majestie's Peace). untill he shall procure two good and sufficient Sureties to be bound with him in a Recognizance (to His said Majesty) either of them in the summ of ten pounds, and himself in twenty pounds to appease His said Majestie's Justices of the Peace, at the next Sessions of the Peace to be holden for this County; and in the mean time to be of good behaviour towards His said Majesty and all His hege People. Whereof fail not, &c. Given under, &c.
A Release of the Peace.
Kanc. ss. MEmorandum, Quod Tricesimo die Octobris, Anno Regni Domini Nostri Caroli secundi Dei Gratia Angliae, &c. Tricesimo, praefatus, A. B. venit coram me praedicto C. D. & Gratis remisit & relaxavit (quantum in ipso est) praedictam securitatem pacis, per ipsum versus infra [Page 259] nominatam Prudentiam Pell, coram me petitam, die & anno supradictis.
The Condition of a RecognizanceSee Title Recognizance. to appear at Sessions and keep the Peace.
THE Condition of this Recognizance is such, That if the within bound A. B. do personally appear at the next general Sessions of the Peace to be holden for the within named County of Kent at Maidstone in the County aforesaid, then and there to doe and receive as by the said Court shall be enjoyned, and do in the mean time keep His Majestie's Peace towards His said Majesty and all His liege People, and especially towards C. D. of, &c. That then this Recognizance shall be void, or else to stand in full force.
Plague.
A Pass or certificate in the time of Plague.
Kent ss. WHereas A. B. of C. having occasion to go unto F. and several other Places in the said County to dispatch business in which he is imployed, hath this day desired a Pass from us, that he may go and return without molestation or interruption. These are therefore to certify all whom these Presents may concern, that the Parish of C. aforesaid is free from the Infection of the Plague; And also to will and require you, and every of you to permit and suffer the said A. B. peaceably and quietly to go into and return from F. aforesaid, and such other Places as the said A. B. shall go unto by reason of his business aforesaid. The said A. B. in his passage to and from the Places aforesaid, demeaning himself civilly, without disturbing or interrupting the King's Majestie's Peace. Given under our hands and seals at, &c.
Poor.
A Warrant for the Overseers of the Poor to account and name other fit persons.
Kent ss. THese are (in His Majestie's43 Eliz. cap. 2. 2 Iustices, 1 of the Quorum. Within one month after Easter. name) to command you to give notice to the Church-wardens and other the Overseers of the Poor of A. that they are by us required personally to appear before us at the house of S. M. in C. &c. upon Monday the tenth day of May, at nine of the clock in the forenoon of the same day, to make and yield up unto us a true and perfect account in writing of all summs of money by them received,43 E. 2. or rated and assessed and not received, for and towards the relief of the Poor of B. and also of such stock (to set the Poor on work) as is in their hands, or in the hands of any of their said Poor to work, and of all other things concerning their said office; And that hereof they fail not at their perils. And you are farther hereby commanded to signifie unto them, that they do then and there also certifie unto us the names of such other substantial Housholders of A. as are thought meetDalt. 364. to be Overseers of the Poor there for the year ensuing. Fail not at your perils. Given under our hands and seals at the, &c.
A Warrant for the making new Overseers of the Poor.
Kent ss. ACcording to the form of the43 Eliz. cap. 2. 2 Iustices. Quorum unus. Statute in such case made and provided, We whose names are hereunto subscribed (His Majestie's Justices of the Peace of the said County) do nominate and appoint you (whose names are hereunder written) to be (together with the Church-wardens of the Parish of C. in the County aforesaid) Overseers of the Poor of the said Parish for the year to come, (and to doe and perform all such things in and touching the said Office as by Law is required.) Whereof you are not to fail at your perils. Given under our hands and seals at Maidstone in the County aforesaid, the tenth day of September, &c.
A Warrant to make Overseers of the Poor, impowering them, and the Church-wardens to collect the Poors Tax, and upon non-payment to destrain.
Kent ss. WHereas by virtue of an Act of43 Eliz. cap. 2. Parliament, intituled, An Act for Relief of the Poor, in the 43. year of the Reign of the late Queen Elizabeth; We whose names are subscribed, His Majestie's Justices of the Peace in the said County of K. and one of [Page 263] us of the Quorum dwelling in or near the Parish of Saint A. B. in the said County of K. have nominated and appointed A. B. and C. D. (together with K. L. Church-warden for the time being) according to the said Act of Parliament, to be Overseers for the Poor of the said Parish; and receiving of the several summs of money taxed and assessed by them, on the several persons on the nineteenth day of Iune instant: These are therefore, according to the said Act of Parliament, to authorize you the said Church-warden and Overseers of the Poor, or any of you, to collect and receive all such summs of money as aforesaid, and the same respectively to levy of all such persons as shall refuse to pay the aforesaid Assessment by way of distress and sale of their Goods for so much, rendring the over-plus, if any be, to the party or parties destrained, and for default of distress, We require all Constables and other Officers to bring before us or some other His Majestie's Justices of the Peace of this County the Bodies of all such persons where no distress can be had, that further course may be taken with them according to Law. Dated the 23. day of Iune, in the 32. year of His now Majestie's Reign, Annoque Dom' 1680.
A Confirmation of the Rates for the Poor.
Kent ss. SEen, ratified, and allowed by us whose names are hereunder written, two of His Majestie's Justices of the Peace within the County aforesaid. And we do [Page 264] hereby authorize the present Church-wardens and Overseers for the Poor within the Parish of A. and every of them, to levy by way of distress and sale of the Goods of all such persons, as shall refuse or neglect to pay the several Taxations aforesaid (upon them imposed) rendring to the Owners the overplus, which shall remain upon the said Sale according to the Statute in that case made and provided. Given under our hands and seals, &c.
A Warrant to levy the Arrears (due to the Parish) from the former Overseers Account, by Distress.
Kent ss. FOrasmuch as (upon your complaint)43 Eliz. cap. 2. 2 Iustices, 1 Quorum. it appeareth unto us, That A. B. and C. D. Church-wardens of the Parish aforesaid, and E. F. and G. H. Overseers of the Poor of the said Parish in the year of our Lord one thousand six hundred sixty six, upon their Account by them made and yielded of and for the moneys by them received and disbursed for and in execution of their said Office, (according to the form of the Statute in that case made and provided) were in arrear and behind to the said Parish five pounds, and have not yet paid the same over unto you [...]: These are therefore (in His Majestie's name) to command you, that you, some or one of [Page 265] you do levy the said five pounds by Distress and Sale of the Goods of the said A. B. C. D. Refusing to account, to be committed to Gaol. and E. F. (rendring to them the overplus) And in default of such Distress, that then you do forthwith certifie the same unto us, to the end that we may farther doe therein as to Justice doth appertain. Hereof fail not. Given under our hands and seals at, &c.
A Warrant against an Overseer of the Poor for not keeping of Monthly Meetings.
Kent ss. FOrasmuch as it hath been duly43 Eliz. cap. 2. 2 Iustices. 1 Quorum. proved before us, That A. B. (one of the Overseers of the Poor of the Parish aforesaid, for the year of our Lord one thousand six hundred seventy six) did for the space of, &c. within the said year, absent himself from such monthly Meetings as (by the dutyTo meet monthly on Sunday evening, or forfeit 20 s. for each default allowing a just excuse. of his aforesaid Office) he was (by the Statute in that he half made) injoyned, (contrary to the Statute aforesaid) whereby he hath forfeited five pounds for his absence aforesaid: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do levy the aforesaid five pounds by Distress and Sale of the Goods and Chattels of the said A. B. and the same to imploy and dispose of to the use of the Poor of the said Parish, and [Page 266] such other uses as by the said Statute is appointed; And in case of default of such Distress, do you certifie the same to us, to the end that there may be such farther proceedings touching the premisses as by Law is required. Given under our hands and seals at, &c.
A Warrant to distrain for the Poors Tax.
Kent ss. FOrasmuch as complaint hath been43 Eliz. cap. 2. 2 Iustices, 1 Quorum. All things that are real, and a [...]early Revenue must be taxed to the Poor. Dalt. 165. The causes of Taxes are three. 1. To set the Poor a Stock. 2. To relieve the Impotent money. 3. To put out Apprentices. Dalt. 150. made by you unto us, That the several persons here under-named have refused to pay unto you the several summs of money adjoyning to their several names, (being assessed upon them severally for and towards the necessary Relief of the Poor of the said Parish, (according to the form of the Statute in that case made and provided:) These are therefore (in His Majestie's name) to command you, that you, some or one of you, do forthwith levy the said several and respective summs of money by Distress and Sale of the several and respective Goods of the said several and respective Offenders, rendring to the parties the over-plus; And in defect of such Distress, that then you, some or one of you, do certifie the same unto us, to the end that there may be such farther proceeding touching the premisses [Page 267] as to Justice doth appertain. Given under our hands and seals at A. the, &c.
- A. B. 1 s. 6. d.
- C. D. 1 s. 8. d.
A Mittimus where there is not sufficient to Distrain.
Kent ss. FOrasmuch as it appeareth unto2 Iustices, 1 Quorum. us, That A. B. of, &c. was assessed and rated at the summe of, &c. for and towards the necessary Relief of the Poor of the said Parish, (according to the form of the Statute in that case made and provided) and that for his refusal of payment of the same a Warrant was (according to the form of the said Statute) directed to the Church-wardens and other the Overseers of the Poor of the Parish aforesaid under the hands and seals of E. F. G. H. &c. His Majestie's Justices of the Peace of the County aforesaid; and for that it now appeareth unto us, that the said A. B. hath no Goods or Chattels by Distress and Sale whereof the said moneys can be levied, nor will he yet pay the moneys aforesaid: We therefore do send you herewithall the Body of the said A. B. commanding you to receive him into the said Gaol, there to remain (without Bail or Mainprise) untill he shall pay the moneys [Page 268] aforesaid. Hereof fail not at your perils. Given under our hands and seals at, &c.
A Warrant for removing one come to a Parish.
Kent ss. WHereas complaint hath been [...]4 Car. 2. cap. 12. 2 Iustices. 1 of the Quorum, upon complaint to [...] Iustice. made by you to us, (according to the form of the Statute in that case made and provided) That A. B. hath within forty days before the said Complaint come into your said Parish to settle there in a Tenement under the yearly value of ten pounds, and that he is likely to be chargeable to the Parish aforesaid, and was last legally settled at B. in, &c. by the space of forty days at the least as a Native Native, Housholder, S [...]journer, Apprentice, o [...] Servant. there: These are therefore (in His Majestie's name) to require and authorize you, and every of you, that you, some or one of you, do remove and convey the said A. B. to B. aforesaid, where he was so last legally settled, unless he give sufficient Security for the discharge of your said Parish (to be allowed by us.) Given under our hands and seals the, &c.
A Warrant to send a Wife and Child to her Husband, in the Parish from whence they came.
Kent ss. FOrasmuch as complaint hath been2 Iustices. by you made unto us, That H. the Wife of R. D. (an Inhabitant in the Parish of C. in the County aforesaid) is lately come into your said Parish of H. and hath brought with her thither a Male-child (of the said R. and H.) of the age of, &c. (or thereabouts) and that both the said H. and Child are likely to be chargeable to your said Parish, and you have thereupon craved from us such Relief (touching the premisses) as by Law is appointed: These are therefore (in His Majestie's name) to authorize and require you, that you, some or one of you, do convey the said H. and Child to the said Parish of C. and there to deliver them to the said R. (in case you can there find him) to be with him settled according to Law; And in case that you cannot there find him, then to deliver the said H. and Child to the Overseers of the Poor of the said Parish of C. to be disposed of according to Law. Given under our hands and seals the, &c.
A Warrant for apprehending one for returning to the Parish from which he was removed.
Kent ss. WHereas A. B. in May last legally1 [...] Car. 2. cap. 12. 1 Iustice. settled as a, &c. in the Parish of T. came into the Parish of V. to settle in a Tenement there under the yearly value of ten pounds, and likely to be chargeable to the said Parish, was upon complaint thereof made by the Church-wardens and Overseers of the Poor of the said Parish, (according to the form of the Statute in that behalf made) by Warrant to the said Church-wardens and Overseers (according to the Statute aforesaid) directed, by them removed and conveyed to the aforesaid Parish of T. there to remain (according to the said Statute;) since which the said A. B. did return (of his own accord) to the said Parish of V. (from whence he was so removed:) These are therefore (in His Majestie's name) to command you, that you, some or one of you, do cause the said A. B. to come before us, some or one of us, at the house of T. Inn-holder, called the George Inn in the said County, the fifth day of Iune next ensuing, at nine of the clock in the forenoon of the same day, to shew cause why he returned to the said [Page 271] Parish of V. and farther to doe and receive as to Justice doth appertain. Hereof fail not at your perils. Given under our hands and seals the, &c.
Against those who come to Work, and return not at the end of their Work.
Kent ss. WHereas complaint hath been14 Car. 2. cap. 12. 2 Iustices. If he shall not return when his work is finished, or shall fall sick or impotent whilst he is in the said work. made by you unto us, That A. B. an Inhabitant in C. came into your Parish to work, and is not returned upon his finishing thereof: These are therefore (in His Majestie's name) to require and authorize you, and every of you, that you, some or one of you, do convey the said A. B. to C. aforesaid, there to remain an Inhabitant as formerly he was. Given under, &c.
A Mittimus to the House of Correction of one that refuseth to be removed after his Work finished.
Kent ss. WHereas upon complaint (according14 Car. 2. cap. 4. 1 Iustice. Vide in the Margin of the Precedent Warrant. to the form of the Statute in that behalf lately made) That A. B. an Inhabitant in D. came into the Parish of C. in the said County to work, and was not returned upon his finishing thereof. And thereupon the Church-wardens and Overseers of the Poor of the said Parish were (according to the Statute aforesaid) required and authorised to convey the said A. B. to D. aforesaid, there to remain an Inhabitant as formerly he was. Nevertheless the said A. B. (though lawfully required) refused to go thither. These are therefore (in His Majestie's name) to require you the said Constables and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him convey to the aforesaid House of Correction, and there to deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you the said Keeper to receive him into the said House, and there punish him as a Vagabond. Hereof fail you not at your peril. Given, &c.
A Warrant and Mittimus for one who runs away, and leaves his Family upon the Parish.
Kent ss. FOrasmuch as it hath been duly7 Iac. c. 4. Such person is adjudged an incorrigible Rogue. 2 Iustices of that Division. Fit to have 2 Witnesses upon Oath. proved before us that A. B. of the Parish of H. being able to labour, and thereby to relieve himself and his Family, did nevertheless lately run away out of this said Parish, and leave his Family upon the Parish: These are therefore (in His Majestie's name) to command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him safely convey to the Gaol aforesaid, and there deliver him to the said Keeper of the same, (together with this Precept.) Commanding also you the said Keeper, to receive him into the Gaol aforesaid, and him there safely keep untill he shall be from thence delivered by due order of Law. Hereof fail not at your perils. Given under our hands and seals at, &c.
A Mittimus on the foregoing Warrant.
WE send you herewithall the Body of A. B. of, &c. for that he did run away, and left his Wife and two small Children in the said Parish which are become a Parish charge to the said Parish of, &c. straitly charging and commanding you the said Keeper to receive the said A. B. into the said House of Correction, to be dealt with as an incorrigible Rogue, and him there safely keep, untill he shall be thence delivered by order of Law. Hereof, &c.
A Warrant to the Overseers of the Poor to pay Arrears, and continue weekly Relief to Poor persons.
K. ss. WHereas complaint hath been made unto me by A. B. of your said Town, That you I. S. and K. S. the now Overseers for the Poor of your said Parish formerly paid unto the said A. B. the [Page 275] summe of 1 s. 6 d. per weeek, for and towards the maintenance of herself and Children, and that you do now suspend the payment thereof, whereby the said A. B. is utterly disabled to provide for herself and Children. These are therefore (in His Majestie's name) to charge and command you the said Overseers that presently upon sight hereof, you, or some, pay unto the said A. B. all such Arrears as are accrued since your forbearing the payment of it, and that you continue to her the former allowance of 1 s. 6 d. unto her for the future, or forthwith to shew cause why you refuse to make the same. And hereof, &c.
A Warrant to levy Relief for the Poor.
K. ss. WHereas complaint hath been made unto me, That S. G. of your said Town who is a very Poor woman is now very sick and weak, and is utterly disabled to provide for herself, or her Children, so that all of them are in danger of perishing for want of Sustenance. These are therefore (in His Majestie's name) straitly to charge and command you, and every of you, that immediately upon sight hereof, you, or some of you, do by a general Levy throughout the whole Town, or otherwise, make such an allowance to the said S. G. as may be convenient [Page 276] for and towards the Relief of herself and Children; or forthwith shew cause, if you can, why you refuse to make the same. And hereof, &c.
A Bond and Condition to the Churchwardens and Overseers of the Poor to save a Town harmless upon inhabiting there.
NOverint universi per praesentes nos R. J. de P. in Com. N. Agricol. & H. B. de T. praedict. pastor. tenen. & firmiter obligar. S. C. de M. in Com. N. praed. Agricol. & T. G. de M. praedict. Agricol. in sexagint. Libris bonae & Legalis monetae Angl. solvend. eisdem S. C. & T. G. seu eorum alteri vel eorum certis Atturnat. Executoribus Administratoribus vel Assign. suis ad quam quidem solutionem bene & fidelit. facien. Obl [...]gamus nos & utrumque nostr. Haeredes, Executores, Administrator. nostros firmiter per praedict. sigil. nostr. sigillat. dat. Sexto die Maij, Anno Regni Domini nostri Caroli Secundi, Dei gratia, Angliae, Scotiae, Franciae & Hiberniae Regis, &c.
THE Condition of this Obligation is such, That whereas one E. I. Labourer, is now lately come to inhabit and dwell within the said Parish of M. and likely to be chargeable to the same. If therefore the said R. I. and H. B. or either of them, their or either of their Heirs, Executors, Administrators or Assignes, or every ot any of them doe, and shall from time to time, and at all times hereafter fully [Page 277] and clearly acquit, discharge, save harmless and indempnifie, as well the within named S. T. and T. G. Church-wardens of the Parish Church of M. aforesaid, and the now Overseers for the Poor of the said Parish, and their Successors, as also all the Inhabitants and Parishioners of the said Parish, which now are, or at any time hereafter shall be there resident, and every of them, of and from all, and all manner of costs, charges, payments, taxes and expences whatsoever, which shall or may at any time hereafter, in any manner of wise arise, happen, come, grow due, or be imposed upon them, or any of them, for or by reason or means of the said E. I. his Wife or Children, or any of them, their or any of their residing, living, or inhabiting in the said Parish of M. and of and from all troubles, charges and demands whatsoever concerning the same, That then this Obligation to be void, and of none effect, or else to remain in full force and virtue.
Sealed and delivered, &c.
A Release (from the Overseers of the Poor) to one that pay'd five pounds to be free'd from keeping a Bastard Child.
To all Christian people to whom these presents shall come, We E. C. of A. in the Parish of K. in the County of N. Gent. and E. W. of K. aforesaid, Baker, the now Overseers of the Poor for the said Parish of K. [Page 278] send greeting. Whereas there was lately a Bastard Child born within the said Town of K. begotten on the body of one F. P. And whereas R. E. of B. in the County of C. Taylor, is adjudged the reputed Father thereof; And whereas it is agreed by and between the said E. C. and E. W. and the rest of the Inhabitants of the said Town of K. and the said R. E. That for and in consideration of the summe of 5 li. of lawfull money of England, to be paid to us the Overseers for the Poor, by the said R. E. We the said Overseers, and our Successors, and the rest of the Inhabitants of the said Town of K. should provide for, take care of, and maintain the said Child, and save harmless and indempnifie the said R. E. of and from the keeping and maintaining it, and of and from all taxes, charges and payments, now already or hereafter to be taxed or charged upon the said R. E. for or in respect thereof. Now know ye, That we the said E. C. and E. W. have according to and in full of the said Agreement had and received of the said R. E. the summe of 5 li. and do, by and with the consent and direction, and for and on the behalf of our selves, and the rest of the Inhabitants of the said Town of K. acquit, release, and for ever discharge, and free him the said R. E. of and from the said summe of 5 li. and from the keeping or maintaining the said Child, and of and from all charges, taxes and payments, now already or hereafter to be charged or taxed upon him the said R. E. to or for the same. In witness whereof we the said E. C. and E. W. have hereunto set our hands and seals, &c.
Prisoner.
To allow a poor Prisoner Relief.
Kent ss. WHereas T. S. (now Prisoner in the said Gaol) is in very great necessity for want of present Relief for his subsistance there: These are therefore (so far forth as in us lieth) to appoint and authorize you the said Treasurer, to allow unto the said T. S. competent Relief (during his necessity) in the said Gaol. Given under our hands and seals the third day of Iune, Anno Dom. 1679.
A Discharge of a Prisoner to a Gaoler.
K. ss. WE R. K. and A. B. Esquires, two of His Majestie's Justices of the Peace for the County aforesaid, greeting. [Page 280] Forasmuch as A. H. of C. &c. Barber, hath found sufficient Sureties before us for his personal appearance at the next Quarter-Sessions to be holden at C. aforesaid. These are therefore (in His Majestie's name) to require and authorize you, that forthwith upon sight hereof you discharge the body of A. H. aforesaid, if he be detained, for no other cause but upon A. B. and C. D. their Warrant, and this shall be your Discharge. Given under our hands and seals at A. &c.
Or thus:
WHeres A. B. being by me committed to your Custody in your Gaol, till he put in Sureties for the Peace or good Behaviour, as the case requires. These are therefore, &c. as before.
For a Prisoner to be Bailed.
THese are to charge and require you, that immediately (upon your Receipt of this) you bring before me the body of A. B. now in your Custody to be Bailed, as Law requireth.
A Warrant from a Judge to bring a Prisoner from a Gaol to give Evidence.
YOU are hereby required to bring the body of T. S. in safe Custody to Westminster, upon Monday next being the seventh day of this instant February, by one of the clock in the afternoon of the same day, to testifie the truth according to knowledge in a certain Cause now depending in the Court of King's Bench, and there to be tried by Nisi prius before the Lord Chief Justice of the said Court, Between P. Earl of C. Plaintiff, and G. B. Defendant, in a plea of Trespass on the case on the part of the Plaintiff, and after his Evidence given to remove him back safe to your Gaol. Hereof fail not. Given under my hand and seal this fifth day of February, 1675.
Quakers.
A Mittimus of Quakers.
Kent ss. FOrasmuch as I have received information,13 & 14 Car. 2. cap. 1. 1 Iustice. That A. B. C. D. E. F. G. H. and I. K. being persons commonly called Quakers, and every of them of the age of sixteen years or upward, have lately departed from the places of their several habitations, and assembled themselves at T. in the said County, (under pretence of joyning in a Religious Worship not authorized by the Laws of this Realm: These are therefore (in His Majestie's name.) to will and require you the said Constable and Borsholders, and every of you, that you, some or one of you, do cause the said A. B. C. D. E. F. G. H. and I. K. to come before me, or some other of His Majestie's Justices of the Peace of the said County with sufficient Securities to be bound with them to appear at the next Quarter-Sessions, in order to their Conviction of the Offence aforesaid; and in case of their, or any of their refusal, or neglect so to doe, that then you do convey such of them so refusing or neglecting, to the aforesaid Common Gaol, and deliver [Page 283] them or him so refusing or neglecting to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive them or him into the said Gaol, and them or him there safely to keep, untill they or he shall be bound with such Securities as aforesaid. Hereof fail not at your perils. Given under my hand and seal the, &c.
Upon Conviction by verdict or Confession, The first Offence a Fine not exceeding 5 li. The second Offence 10 li.
Upon every Offender on non-payment, first Offence 3. months imprisonment, second Offence 6 months, the third Offence, abjure the Realm. But upon taking the Oaths, Conforming, and giving Security not to meet in such unlawfull Assemblies, to be discharged of all the penalties.
Rape.
A Warrant concerning a Rape.
K. ss. FOrasmuch as we received Information13 Ed. 1. 24. 2 Iustices. and Charge against A. B. of C. &c. touching a certain Felony, (that is to say) with the carnal Knowledge and Ravishment of M. the Wife of C. D. of, &c. These are therefore (in His Majestie's name) to command you, and every of you, that, you some or one of you do attach the body of the said A. B. [Page 284] and bring him before us, or some of us, to the house of, &c. on the twelfth day of this instant May, at one of the clock in the afternoon, to be examined touching the premisses, and to be further dealt with according to Law. Hereof fail not at your perils. Given under, &c.
Rates for Hay, Oats, &c.
A Warrant to appoint Rates for Hay, Oats, &c. upon His Majestie's passing through any place.
K. ss. WHereas we have received notice from the Green-cloath, that His Majesty will shortly pass through the Road13 Car. 2. cap. 8. 2 Iustices. in this County leading between B. and C. We therefore (according to the form of the Statute in that case made and provided) do set down and appoint the Rates and Prices to be paid during His Majestie's abode within this Division, for Hay, Oats, and other Accommodations for Horses, as is here under written: (which Rates are to be observed and kept and obeyed by all persons concerned at their perils.) And we do will and require you and every of you, that you, some or one of you, do in the Market-town within the said Hundred, on the Market-day now next ensuing, cause to be proclaimed the Rates aforesaid; as also that you [Page 285] do in the like manner cause to be proclaimed the Rates aforesaid, in all the Towns and Villages within the said Hundred within, &c. days now next ensuing; to the end that notice may be taken of the same Rates and Prices. Hereof fail not at your perils. Given under our hands and seals the, &c.
For a Bushel of Oats, &c.
And so ratably for every greater or lesser quantity, &c.
A Warrant for levying the Penalty forfeited for not observing the Rates aforesaid.
K. ss. FOrasmuch as it hath been duly proved13 Car. 2. cap. 8. 1 Iustice. Lodging, Horsemeat, Stable-room, or other Accommodations. before me, That A. B. of C. in the said County, Inn-keeper, hath taken of C. D. Yeoman of the Guards, more for his Lodging, &c. during His Majestie's late abode within this Division than by the Justices of the Peace of this County was (according to the form of the Statute in that case made and provided) set down and appointed, (contrary to the form of the Statute aforesaid:) These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy (to the use of the said C. D. by Distress and Sale of the Goods and Chattels of the said A. B.) 40 s. by him forfeited to the said C. D. for the Offence aforesaid, returning the over-plus to the said A. B. (the charge of the Distraining being first deducted.) Hereof fail not at your perils. Given under my hand and seal the, &c.
Recognizances.
YOU A. B. of C. &c. do acknowledge your self to owe unto our Sovereign Lord the King's Majesty twenty pounds. And you C. D. of H. &c. and E. F. of I. &c. his Sureties do likewise each of you acknowledge to owe unto our said Sovereign Lord the King's Majesty ten pounds apiece to be levied of your several Goods and Chattels, Land and Tenements to His said Majesty, His Heirs and Successors, upon condition, That if the said A. B. shall personally appear before our said Sovereign Lord the King's Majestie's JusticesA Condition for the Peace. of the Peace at the next general Sessions of the Peace to be holden for this Burrough of A. and do then and there make answer unto all such matters which on His Majestie's behalf shall be objected against him, and in the mean time to keep the Peace towards our Sovereign Lord the King's Majesty [Page 287] and all His Liege-people, but especially towards one G. H. and do not depart thence without Licence from the Court, then your Recognizance to be void or else to stand in full force.
The Recognizance being made is to be engrossedDirections. in Parchment, and subscribed with the Justice's hand onely, But he that enters into it, need not put his hand or seal to it.
Note, All Recognizances for the Peace are to be stiled, At the next Sessions of the Peace; And for Felony, At the next Gaol-delivery.
The manner of entring the note of Recognizances in your Book of Recognizances.
Subscribe the Cause thus.
Bound over for the suspicious stealing of a [Cow] being the Goods of A. H. &c. [as the Case requireth.]
[Page 288]R. P. de Paroch. A. &c. Victular 10 li. The Recognizance for the Licence of an Alehouse.
R. S. de Paroch. A. &c. Victular 5 li.
P. S. de Paroch. A. &c. Victular 5 li.
Sub Conditione quod praedict' R. P. bene & fideliter observavit omnes & singulos Articulos in Licentia sua pro Tipulatione Content' Capt' & Recogn' XX die Maii Anno Dom. 1680. Coram Nobis, &c.
The Recognizance must be certified to the3 H. 7. c. 1. 1 & 2 Ph. & M. c. 13. 2 & 3 Ph. & M. c. 10. next Sessions or Gaol-delivery where he or they is, are, or hath been Justices; that the Party so bound may be called: And if the Party make default, the same then there to be recorded; and the same Recognizance, with the Record of that default shall be sent and certified in the Chancery, the King's Bench, or into the Exchequer.
Every Condition of a Recognizance must have these things.
- 1. It may be in English.
- 2. It may have the first words [The Condition of this Recognizance is such, That if the above bounden A. B. &c.]
- 3. It must shew what he is bound to doe, As [personally to appear at the next Quartersessions [Page 289] to be holden for the County of K. and in the mean time to be of Good behaviour towards Behaviour.our Sovereign Lord the King and all his People,] or as the case requireth.
- 4. The Close thus [That then this Recognizance to be void or else to stand in force.]
All this may be done on the back of the Recognizance or underneath it.
A single Recognizance taken before Justices of the Peace.
K. ss. MEmorandum, Quod tertio die Aprilis anno Regni Domini nostri Caroli Secundi, Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensoris, &c. venerunt coram A. B. & C. D. Armig. Iust. dicti Domini Regis ad Pacem in Com. K. conservand. Assig. R. H. de S. in Com. praedict. Yeoman, & T. H. de eodem Carpenter, ac R. S. de F. in Com. praed. Mercer, & Recognover. se debere dicto Dom. Regi, (viz.) quillbet Manucaptor praed. Quinque libras & praed. R. H. decem libras bonae & legalis monetae Angliae (solvend. eidem Dom. Regi in Festo Nativitatis Sancti Johannis Baptistae proximo futuro post datum praesent.) Et nisi fecerint, concesserunt pro se Haered. Executor. & Administrator. suis per praesentes, quod dictae separales summae leventur & recuperentur de Maneriis, Messuagiis, Terris, Tenementis, Bonis, Catallis & Haereditamentis ipsorum R. H. T. H. & R. S. haered. Executor. & Assign. suorum, ubicunque fuerint invent. Dat. &c.
Another single Recognizance.
K. ss. MEmorandum, Quod quarto die Januarii Anno Regni Dom. nostri Caroli Secundi Dei gratia Angliae, &c. A. B. de C. in Com. praed. Yeoman, personaliter venit coram R. K. Armig. uno Iust. dicti Dom. Regis ad pacem in Com. praedict. Conservand. Assign. & Recognovit se debere dicto Dom. Regi decem libras bonae & legalis monetae Angliae, de Bonis & Catallis, Terris & Tenementis suis fieri & Levari, ad opus dicti Dom. Regis, Haered. & successor. suorum, si defecerit in Corditione indorsat.
A Recognizance to prefer an Indictment, or to prefer a Bill, and give Evidence.
K. ss. MEmorandum, Quod quarto die Septemb. anno Regni Dom. nost. Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensoris, &c. A. B. de C. in Coin. K. Yeoman▪ in propria persona sua, venit coram me R. K. uno Iusticiariorum dicti Dom. Regis ad pacem in dicto Com. conservandam necnon ad diversas Felonias, Transgressiones, & alia malefacta in eodem Com. perpetranda audiendum, & determinandum assignat. Et cognovit se debere dicto Domino Regi Quadraginta Libras de Bonis & Catallis, Terris & Tenementis suis ad opus dicti Domini Regis levandas, sub Conditione indorsata, viz.
A Recognizance for two to give Evidence.
K. ss. MEmorandum, Quod decimo die Februarii anno Regni Dom. nost. Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensoris, &c. W. B. de S. in Com. praedict. Husbandman, & W. R. de S. in eodem Com. Husbandman, in propriis personis suis venerunt coram me R. K. uno Iusticiar. dicti Domini Regis ad pacem, in Com. praed. conserv. necnon ad diversas Felonias, Transgressiones, & alia Malesacta in eodem Com. perpetrand. audiend. & determinand. assignat. Et quilibet uterque eorum per se cognovit, se debere dicto Domino Regi viginti libr. de Bonis, & Catallis, Terris & Tenementis suis ad opus dicti Domini Regis levandas, sub conditione indorsata.
A Recognizance to give in Evidence against a Prisoner.
K. ss. MEmorandum, Quod vicesimo tertio die Maii anno Regni Domini nostri Caroli Secundi Dei gratia Angliae, &c. T. R. de E. in praed. Yeoman, venit coram me R. K. uno Iusticiar. dicti Dom. Regis ad pacem in Com. praed. conservand. assignat. & cognovit se debere dicto Domino Regi Quinque libr. legalis monetae Angliae, sub conditione, quod si ipse personaliter comparebit coram Iust. dicti Domini Regis [Page 292] ad proximam generalem Gaolae delib. in Com. praed. tenend. ad tunc & ibidem ostendendum in Evidenc. secundum formam stat. vers. A. B. nuper de C. in Com. praed. qui modo attach. & suspect. Feloniae Gaolae dicti Domini Regis Com. praedict. commissus existit; quod tunc, &c. alioquin, &c.
For the Good behaviour.
MEmorandum, Quod R. A. de C. in Com. praed. Gen. B. A. de W. in eodem Com. Gen. S. A. de W. praed. Yeoman, B. R. de W. praed. Yeoman, & A. C. de W. praed. Yeoman, veniunt coram me W. M. Armig. uno Iusticiar. Domini Regis nunc ad Pacem in Com. praed. conservand. assign. & quilibet praed. B. A. S. A. B. R. & A. C. manucepit pro dicto R. A. in viginti libris legalis monetae Angliae, & praed. R. A. manucepit pro seipso in viginti libris consimilis monetae, viz. quod dictus R. A. à modo se bene gerat erga dictum Dominum Regem & cunctum populum suum, & praecipue erga T. P. de S. in Com. praedict. Husbandman, pro uno anno nunc proxim. futur. ita quod ipse non inferet nec inferri procurabit, per se nec per alium, nomine suo eidem T. P. seu alicui de populo dicti Domini Regis damnum aliquod seu gravamen de Corporibus suis per insidias, insultus, seu aliquo alio modo quod in laesionem seu perturbationem Pacis dicti Domini Regis cedere valeat quovismodo: quas quidem separales pecuniarum summas praedictas, quilibet manucapt. praedictorum per se, ac dictus R. A. per se recognov. se debere dicto Domino Regi & concessur. eas de terris, tenementis, & catallis suis, & cujuslibet eorum, ad opus [Page 293] dicti Domini Regis levand. si dictus R. A. in praemissis, seu in aliquo praemissorum deliquerit, & inde legitimo modo convictus fuerit. Dat. decimo die Aprilis. Anno Regni dicti Domini nostri Caroli Secundi Dei gratia, &c.
Another.
K. ss. MEmorandum, &c. & quod ipse A. B. interim se bene geret erga Dom. Reg. & cunctum populum suum, & praecipue erga L. M. Et quod ipse non inferet nec inferri procurabit per se nec per alios, damnum aliquod seu gravamen praefato L. M. seu alicui de populo ipsius Dom. Regis de Corporibus suis, per insidias, insultus, seu aliquo alio modo, quod in laesionem seu perturbationem pacis dict [...] Dom. Regis cedere valeat quovis modo, viz. uterque praedict. D. E. & H. J. sub poena Quinquagint. libr. & praedict. A. B. sub poena Cent. libr. &c.
A Recognizance to give in Evidence against one that is suspected of Felony.
K. ss. MEmorandum, Quod vicesimo die Novemb. Anno Regni Dom. nostri Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensor', &c. Tricesimo R. T. nuper de C. in Com. praedict. Yeoman, venit coram me R. K. Armig. uno Iusticiar. dicti Dom. Regis ad pacem in Com. praedict. conservand. assignat. & Recognovit se debere [Page 294] dict. Dom. Reg. Quinque libras legalis monetae Angl. sub conditione, quod ipse personaliter comparebit coram me & sociis meis Iustic. praed. ad proximam generalem Gaolam in Com. praed. tenend. Et ad tunc ibidem ostend. in Evidenc. secundum formam Statuti versus D. E. in Com. praed. qui modo attach. & suspect. Feloniae Gaolae dict. Dom. Reg. Com. praed. commissus existit quod tunc, &c. alioquin, &c.
A Recognizance for keeping of a Tavern.
K. ss. MEmorandum, Quod quarto die Octob. Anno Regni Dom. nostri Caroli Secundi Dei gratia Angliae, &c. vicesimo tertio venerunt coram nobis R. K. & H. W. Armig. Iusticiar. dicti Dom. Regis ad pacem dict. Dom. Reg. in Com. E. conservand. necnon alia malefacta ac diversas transgress. perpetrat. audiend. & terminand. assignatis A. B. de E. in Com. praed. L. & R. A. in Com. praed. H. & W. T. de eadem in eodem Com. Weaver, Et Manuceperunt, viz. quilibet manucapt. praedict. sub paena Quinquagint. solid. Et praedict. M. T. assumpsit pro se sub poena Quinque libr. quod ipse W. T. bene gerat Tabernam secundum formam Statuti. Quas quidem seperales summas quilibet eorum cognovit se debere dict. Dom. Reg. Atque volunt, & concedunt de Terris & Tenementis, Bonis & Catallis suis & cujuslibet eorum fieri & levari, si praedict W. T. defecerit.
A Recognizance for one that is Bail for a Boy that lay under a Bed in the Night.
K. ss. MEmorandum, Quod vicesimo septimo die Martii Anno Regni Regis Caroli secundi Dei gratia Angliae, &c. vicesimo T. H. de B. in Com. K. Taylor, in propria persona sua venit coram me R. K. Armig. uno Iusticiar. dicti Domini Regis ad pacem in dicto Com. K. conservand. assignat. & manucepit pro T. H. de B. praed. filio suo quod ipse praedict. T. H. filius comparebit coram Iusticiar. dicti Dom. Regis ad pacem in dicto Com. conservand. assignat. ad proximam generalem Sessionem pacis in Com. praed. tenend. ad respondend. F. D. pro fractione & intratione in domum Mansionalem ipsius F. & omnibus quae versus ipsum tunc & ibidem objicientur sub poena manucapt. praed. quadragint. libr. quam quidem summam quadragint. libr. praed. manucapt. recognovit se debere dicto Dom. Regi de terris & tenementis, bonis & catallis suis ad opus dicti Domini Regis haered. & suceessorum fieri & Levari si contingerit ipsum T. H. filium praemissa in aliquo infringere in cujus rei Testimonium ego praedict. W. P. sigillum meum apposui dat. die & Anno supradict.
A Recognizance for Bastardy where two are Manucapters for the man in custody.
K. ss. MEmorandum, Quod septimo die Augusti Anno Regni Regis Caroli Secundi Angliae, &c. Tricesimo primo Annoque Dom. 1679. M. F. de S. in Com. praed. Victualler, & E. W. de S. praed. Gen. venerunt Coram me R. K. Armig. uno Iustic. dicti Dom. Regis ad pacem in Com. praed. conservand. assign. Et manuceperunt & uterque eorum manucepit pro H. I. de parochia D. in Com. praed. Husbandman, sub poena vigint. libr. legalis monetae Angliae, quas quidem summas dict. Domino Regi debere concesserunt & uterque eorum concessit de bonis & catallis, terris & tenementis suis fieri & levari ad opus & usum dicti Dom. Regis haered. & successor. suorum si praefat. H. I. defecerit in conditione indorsat. &c.
A Recognizance for a married Woman upon a Rescue.
K. ss. MEmorandum, Quod tricesimo die Julii Anno Regni Regis Caroli Secundi, &c. Angliae, &c. vicesimo quarto Anno Domini 1672. W. M. de E. in Com. praed. & R. G. de F. in Com. praed. Gen. venerunt coram me R. K. Armig. uno Iusticiar. dicti Domini Regis ad pacem in Com. praed. conservand. assign. Et [Page 297] manuceper. & uterque eorum manucepit pro Anna If 3. quilibet eorum. uxore T. C. de I. infra Parochiam S. in Com. praed. Taylor, sub poena vigint. libr. legalis monetae Angliae, quas quidem summas dicto Domino Regi debere concesserunt & uterque eorum concessit de bonis & catallis, terris & tenementis suis & utriusque eorum ad opus & usum dicti Domini Regis fieri & levari si praefat. A. C. defecerit in conditione indorsata.
Capt. & Cogn. die & Anno supradict. coram me.
A Recognizance for one that hath hurt another, and on the Warrant of Behaviour.
MEmorandum, Quod quarto die Mail Anno Regni Regis Caroli Secundi, &c. Angliae, &c. Annoque Domini, &c. venerunt coram me R. K. Armig. uno Iusticiar. dicti Domini Regis ad pacem in Com praedict. conservand. assign. apud N. in Com. praed. W. H. de B. in Com. praedict. Yeoman, & R. H. de eadem & assumpserunt pro seipsis sub poena ducentarum libr. legalis monetae Angliae & E. L. de eadem villa praedict. Malster, & E. L. de M. in Com. praedict. Yeoman, tunc & ibidem in propriis personis suis similiter venerunt & manuceperunt & uterque eorum seperatim manucepit pro praefat. W. H. & R. H. sub poena sexagint. libr. legalis monetae Angliae, quas quidem separales summas dicto Domino Regi debere concesserunt & quilibet [Page 298] eorum concessit de bonis & catallis, terris & tenementis suis, & cujuslibet eorum fieri & levari ad opus & usum dicti Dom. Regis haered. & successor. suorum si praefat. W. H. defecerint in Conditione indorsat.
For the Peace.
MEmorandum, Quod R. W. de S. in Comitatu1 Iustice. praedicto Labourer, J. B. de S. praed, Husbandman, & R. C. de W. in dicto Comitatu Com. Husbandman, ven. coram me E. Littleton Armig. uno Iusticiar. Domini Regis nunc ad Pacem in Comitatu praedicto conservand. assign. apud W. in Comitatu praedicto, & quilibet praedictorum. J. B. & R. C. manuceperunt pro dicto R. W. in decem libris legalis monetae Angliae, & dictus R. W. manucepit pro seipso in viginti libris consimilis monetae Angliae, viz. quod dictus R. W. comparebit ad generalem Sessionem Pacis in Comitatu praed. proxim. tenend. & quod ipse interim Pacem dicti Domini Regis erga ipsum Dominum Regem & cunctum populum suum, & praecipue erga J. A. de S. in Comitatu praedict. Yeoman, conservabit: quas quidem separales pecuniarum summas praed. quilibet eorum recognovit se debere dicto Domino Regi, & eas concessur. de terris, tenementis, bonis, & catallis suis, ad opus dicti Domini Regis levand. si dictus R. W. in aliquo praemissorum deliquerit, & inde legitimo modo convictus fuerit. Dat. decimo die Jan. Anno Regni dicti Domini nostri Caroli Secundi Dei gratia, &c.
For Felony.
MEmorandum, Quod 20 die Maii Anno1 Iustice. Regni Domini nostri Caroli Secundi Dei gratia, &c. R. C. de L. Gent. E. C. de L. praedict. Gent. J. B. de eadem, Gent. & M. C. de eadem, Yeoman, veniunt coram me J. H. Armigero uno Iusticiar. dicti Domini Regis ad Pacem in Com. praedict. conservand. assign. & manuceperunt pro R. B. de L. in Com praedict. Gent. viz. quilibet eorum Corpus pro Corpore, quod idem R. B. personaliter comparebit coram praefat. Iusticiar. & sociis suis, ad proximam generalem Sessionem Pacis, in Com. praedicto tenend. ad stand. recto in Cur. si quis versus eos tunc loqui voluerit de diversis Feloniis & transgress. unde idem R. B. indictatus existit (ut dicitur) & ad respond. dicto Domino de eisdem, prout debet. Datum, &c.
A Release of a Recognizance written under the Recognizance thus, by the same Iustice, or by some other, &c.
EGO praefatus A. B. qui supra nominatum C. D. de Preston ad securitatem Pacis inveniendam ex mea discretione compuli, eandem securitatem de se bene gerendo quantum in me est ex mea discretione; sexto die [Page 300] Maii, Anno Domini 1680. Remisi & Relaxavi, In cujus rei Testimonium huic praesenti Relaxationi meae sigillum meum apposui Datum.
The Parties Release of the Peace.
MEmorandum, Quod tertio die Julii Anno 32. Regis Caroli Secundi, &c. A. B. venit coram me R. K. Armig. uno Iusticiariorum Domini Regis nunc ad Pacem, &c. & Gratis Remisit & Relaxavit (quantum in se est) praedictam securitatem pacis per ipsum versus supra nominatum T. H. petitam. In cujus rei testimonium ego praefatus R. K. &c. Dat. apud, &c.
And in like sort the Justice or Justices of Peace may doe, which took Sureties for Good behaviour if they see cause.
Riot.
A Precept to the Sheriff to return a Iury to inquire upon a Riot, Rout, or unlawfull Assembly.
Kent ss. W. B. and R. R. Esquires;2 Iustices. 13 H. 4. cap. 7. To be inquired within one month after the Riot. 19 H. 7. cap. 13. two of His Majestie's Justices assigned to keep the Peace in the County aforesaid; to the Sheriff of the said County, Greeting. On the behalf of our Sovereign Lord the King we command you, that you do cause to come before us at H. in the Parish of G. in the said County, upon Thursday the 10. day of Iune next ensuing, four and twenty honest, sufficient and lawfull men, dwelling within the said County, (whereof every of them have to Lands and Tenements within the County aforesaid, to the yearly value of twenty shillings of Charter-hold or Free-hold, or twenty six shillings eight pence of Copyhold, or of both, over and above all charges) for to inquire for His Majesty of some Riots, Routs, and unlawfull Assemblies, committed and done at S. in the said County, (as it is said.) And that you do return upon every Person so by you impannelled in issues, at the first day twenty shillings, at the second day forty shillings to be by them forfeited if that they appear not, and be sworn to inquire the premisses at the first day: All which you shall in no case omit upon pain of twenty pounds. [Page 302] which you shall forfeit to His said Majesty (if you shall make default in not returning the said Persons or issues in form aforesaid.) And have you then the names of the said Jurors, and this Precept. Given under our hands and seals at T. in the said County, &c.
The like Precept in Latine.
K. ss. T. C. & R. K. Armigeri (duo Iusticiariorum 2 Iustices. 13 H. 4. cap. 7. (To be inquired within a month after the Riot.) 19 H. 7. cap. 13. Dom. Regis ad pacem in Com. suo praed. conservand. assign. necnon ad diversas felonias, transgressiones & alia malefacta in eodem Com. perpetrat. audiend. & terminand. assignat.) Vic. ejusdem Com. salutem. Ex parte Dom. Regis tibi praecipimus, Quod venire facias coram nobis apud S. in Com. praed. die Iovis 26 die Aprilis prox. sequen. ad horam octavam ante meridiem ejusdem diei viginti & quatuor probos, sufficientes & legales homines infra Com. praed. commorantes, quorum quilibet habeat terras & tenementa infra eundem Com. ad valentiam viginti solidorum per chart. tent. sive liberi tenementi, vel viginti & sex solidorum & octo denariorum terrae per copiam rotulorum Curiae tent. (ultra omnia onera) Ad inquirend. pro Dom. Rege super sacram. suum de quibusdam Riotis, Routis, & illicitis aggregationibus commiss. & perpetrat. apud H. in Com. praed. (ut dicitur) Quodque retornes super quamlibet personam per te impanellat. in exitibus viginti solidos per ipsos forisfaciend. si non compareant ut jurati sint ad inquirend. de praemissis ad diem illum, omnia quae nullatenus omitt. sub paena viginti librar. quam noveris te forisfactur. eidem Dom. Regi [Page 303] si defalt. feceris in non retorn. personas pr [...]d. sive exit. in forma praed. Et habeas ibi tunc nomina Iur. ill. & hoc praeceptum. Dat. sub Sigillis nostris, apud S. ultim. die Martii, Anno Regni Domini nostri Caroli Secundi (Dei gratia) Angliae, Scotiae, Franciae & Hiberniae Regis (Fidei Defensor. &c.) 27.
A Warrant for certain Riotous Persons.
Kent. ss. FOrasmuch as I am credibly informedHis Majesty shall bear the losses that the Iustice of Peace shall sustain in the execution of the Statute. 13 H. 4. cap. 7. Of Riots, &c. 2 H. 5. c. 8. by A. B. Gent. that C. D. &c. and diverse and sundry other Persons unknown, have come upon the Ground of the said A. B. in M. aforesaid, and there have been aiding and assisting to these Persons hereunder named, in forceable manner, to carry away the Wood and Timber, &c. there of late growing, being the Wood and Timber of A. B. These are therefore (in His Majestie's name) to command you, and every of you, to arrest as well the said Parties hereunder named, as the said Parties unknown, being shewed unto you by the said A. B. and to bring the same before me, and this shall be your Warrant and Discharge. Given under, &c.
Rogues.
For Apprehending and Committing a dangerous Rogue.
Kent ss. FOrasmuch as A. B. a Rogue, Vagabond, wandring, idle or disorderly Person was1 Iac. c. 7. 2 Iustices. found and apprehended at C. in the Hundred and County aforesaid, in a general privy Search by our command made (according to the form of the Statute in that case made and provided) and brought before us this present day at our Assembly at T. in the County aforesaid: We do therefore (in His Majestie's name) command you the Constable and Borsholders, that you, some or one of you, do (at the charge of the said Hundred) convey the said A. B. to the aforesaid House of Correction, and there deliver him to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said House, and there set him to work and labour, or otherwise to deal with him according to Law, untill he shall be from thence lawfully delivered. Hereof fail not at your perils. Given under our hands and seals at A. aforesaid the, &c.
A Mittimus of a dangerous Rogue.
Kent ss. FOrasmuch as A. B. a wandring39 Eliz. cap. 4. 2 Iustices of the Quor. Rogue doth appear to be dangerous Dangerous to the inferiour sort of People, or one that will not be reformed of his roguish kind of life by any other provision contain'd in the Statute in that behalf made. We do therefore (in His Majestie's name) charge and command you the said Constable and Borsholders, that you, some or one of you, do safely convey the said A. B. to the Gaol aforesaid, and there deliver him to the said Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely to keep untill the next Quarter-sessions of the Peace, to be holden for the said County at A. aforesaid, that he may then and there be farther dealt withall according to the Law. Hereof fail not at your perils. Given under, &c.
Sacrament.
A Certificate for Receiving the Sacrament and Oath.
Kent ss. WE A. B. Minister of the Parish-Church25 Car. 2. cap. 2. of C. in the County of D. and E. F. Church-warden of the same Parish and Parish-Church, do hereby certify, That M. N. of O. in the County of P. Gent. upon the Lord's day, commonly called Sunday, the 10. day of Iune, immediately after Divine Service and Sermon, did in the Parish-Church aforesaid receive the Sacrament of the Lord's Supper according to the usage of the Church of England. In witness whereof we have hereunto subscribed our hands the 10. day of, &c.
A. B. Minister of the Parish and Parish-Church of C.
E. F. Church-warden of the said Parish and Parish-Church.
H. I. of K. in the County of K. Gent. and L. M. of, &c. do severally make Oath, That they do know M. N. in the above written Certificate named, and who now present hath delivered the same into this Court; and do farther severally make Oath, that they did see the said M. N. receive the Sacrament of the Lord's Supper in the Parish-Church of C. &c. in the said Certificate mentioned, and upon the day, [Page 307] and at the time in the said Certificate in that behalf certified and expressed; and that they did see the Certificate above written subscribed by the said A. B. Minister of the said Church, and E. F. Church-warden there; and farther, that the said H. I. and L. M. do say upon their respective Oaths, that all other matters or things in the said Certificate recited, mentioned or expressed, are true, as they verily believe.
A Certificate of Receiving the Sacrament according to the Act.
K. ss. MEmorandum, That at the Quartersessions for the said County holden at C. in the County aforesaid, upon Tuesday the 22. day of Iuly in the year of our Lord one thousand six hundred seventy three, and from thence adjourned to M. in the said County, and there holden (by the same Adjournment) upon Monday the 28. day of Iuly aforesaid, R. W. of the Parish of M. in the County aforesaid Esq did (upon the said 28. of Iuly in the said Court of Quarter-sessions there) deliver into the said Court a Certificate under the hands of I. P. Clerk, Minister of the Parish and Parish-Church aforesaid, and I. M. Churchwarden of the same Parish and Parish-Church, by which they certified, that the said R. W. upon the Lord's day (commonly called Sunday) the 18. day of M, in the said year of our Lord one thousand six hundred seventy three, (immediately after Divine Service and Sermon) did (in the Parish-Church aforesaid) receive the Sacrament of the Lord's Supper according to the usage of the Church of England.
A Testimonial upon the Receiving the Sacrament according to the Act.
Kent ss. MEmorandum also, That at the time and place of the said delivery of the said Certificate, A. B. C. D. and E. F. did (upon enquiry made by the said Court) then and there severally make Oath, that they did know the said R. W. in the said Certificate named; and that they were present, and delivered the same into that Court; and that they did see the said R. W. receive the Sacrament of the Lord's Supper at the time, day and place, and in the manner in the said Certificate certified; and that they did also see the Certificate aforesaid subscribed by the said Minister and Church-warden; and that the said R. W. did upon the 20. day of May then last past (and for several years before) inhabit, and then did inhabit in the above named Parish of H. and County of Kent.
A Declaration to be subscribed according to the Act.
I A. B. do declare, That I do believe that25 Car. 2. cap. 2. there is not any Transubstantiation in the Sacrament of the Lord's Supper, or in the Elements of Bread and Wine at, or after the Consecration thereof by any person whatsoever.
Scavingers.
A Warrant for Scavingers to Distrain.
Kent ss. WHereas Complaint hath been made unto us, That the several Persons whose names are hereunder written, being Inhabitants in the Liberty of A. have refused, and yet do refuse to pay the summs of money hereunder mentioned, being respectively rated, assessed and taxed on them for and towards the scouring and clensing of the Streets according to the form of the Statute in that case made and provided: These are therefore (in His Majestie's name) to charge and command you, and every of you, to bring the said Persons so refusing before us to shew cause for such their refusing; And if they or any of them shall refuse to come before us, or shall absent themselves, or refuse to be spoke withall, due notice in writing being left at their respective Houses, That then you immediately levy all and every the said several summs unpaid, and all the Arrearages thereof of all and every the said Persons so refusing by Distress and Sale of the Offenders goods, you rendring to the Parties the overplus that shall remain upon the Sale of the said Goods, if any shall be. And for your so doing this shall be your Warrant. Given under our hands and seals this, &c.
Search.
A Warrant to Search for stoln Goods.
Kent ss. FOrasmuch as I have received Information [...] Iustice. by A. B. that two Sheep were lately feloniously taken and stoln from him: These are therefore (in His Majestie's name) to command you, that immediately upon receipt hereof you do make diligent Search for the said Sheep in all and every such suspected Houses and Places within the said Hundred as you and the said A. B. shall think convenient; And if upon your said Search you find any of the said Sheep, or other just cause of suspicion, that then you bring all such suspected Persons before me, or some other of His Majestie's Justices of the Peace of the said County, to be examined touching the premisses. And farther to doe and receive as to Justice doth appertain. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant to make general Search for Rogues, Vagabonds, &c.
Kent ss. THese are (in His Majestie's7 Iac. c. 4. name) to command you, and every of you, that (taking assistance of sufficient men of the said Hundred) you do (in the night before the twentieth day of October next ensuing) make a general privy Search within every of the Parishes, Villages and Hamlets within the same, for the finding out and apprehending of all Rogues, Vagabonds, and wandring and idle persons, in and about the said Parishes, Villages, and Hamlets; And that such Rogues, Vagabonds, and wandring and idle persons, as you shall then find and apprehend, (in the said Search) you do bring before us, or some of us, on the aforesaid twentieth day of October, at the house of Iohn Price in C. at nine of the clock in the forenoon of the same day, there to be examined of their idle and wandring life, and to be farther dealt withall according to Law; And that you do then and there also give unto us an account and reckoning (upon Oath, in writing, and under the hand of the Minister of each respective Parish) what Rogues, Vagabonds, [Page 312] and wandring and disorderly persons you have apprehended, both in the same Search, and also since the last like general Search made, and how many have been punished, or otherwise sent to the House of Correction. (All which you are not to neglect upon forfeitures of such fines, pains and penalties as (by the Statute in such case made and provided) may be by us inflicted upon you for such your neglect.) We do likewise hereby (in His Majestie's name) farther command you, and every of you, to bring before us, or some of us, (at the time and place aforesaid) all such persons (within the said Hundred) as be masterless (or live out of Service,) or be common Alehouse-haunters, or expenders of their moneys in riotous living, (not duly labouring for their living whereby so to maintain them) to the end that we may proceed against them as to Justice doth appertain; And that you your selves be then and there also personally present, to give account of the execution of this our Warrant. Hereof fail not at your perils. Given under our hands and seals at, &c.
Servants.
For sending a Servant to his Service to serve the time agreed, to prevent Charge on the Parish.
Kent ss. FOrasmuch as you have complained2 Iustices, 1 Quorum. unto us, That B. C. being retained into Service by D. E. of T. &c. for on [...] year (not yet expired) is come out ofhe or she. her Service in the said Parish of T. and likely to be chargeable to the same: These are therefore (in His Majestie's name) to command you, and every of you, that you, some or one of you, do forthwith convey the said B. C. to her said Master (or Mistress) and deliver her unto him (or her) to remain with him (or her) untill she shall be from him (or her) lawfully discharged; and in case of refusal of the said D. E. to receive the said B. C. accordingly, That you, some or one of you, do forthwith certifie us, or one of us of the same, to the end that such farther proceedings may be thereupon had as by Law is required. Hereof fail not. Given under our hands and seals at A. the, &c.
A Mittimus against one that returneth into a Parish after he was removed.
Kent ss. WHereas upon complaint (according to the form of the14 Car. 2. cap. 12. Statute in that behalf lately made) That A. B. an Inhabitant Native, Housholder, Sojourner, Apprentice, or Servant. Last legally settled in, &c. as, &c. in D. came into the Parish of H. in the County aforesaid, To work if the case be so, otherwise leave these words out. To settle in a tenement there under the yearly value of 1 [...] li. to work, and was not returned, and thereupon the Church-wardens and Overseers of the Poor of the said Parish, did (according to the Statute aforesaid) convey the said A. B. to D. aforesaid, there to remain an Inhabitant as formerly he was; after which said conveying, the said A. B. did return of his own accord to the aforesaid Parish of H. from whence he was removed: These are therefore (in His Majestie's name) to require you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said A. B. and him convey to the aforesaid House of Correction, and there deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said House, and there punish him as a Vagabond. Hereof fail not at your perils. Given under my hand and seal the, &c.
A Warrant to levy 40 s. on the Master for putting away his Servant before the end of his term.
Kent ss. FOrasmuch as it appeareth unto us5 Eliz. 4. this day upon Oath, That A. B. of your Town of A. Yeoman, hath put C. D. his Servant (lawfully retained with him) out of his service, before the end of the term agreed, contrary to the Law of this Realm. These are therefore (in His Majestie's name) to charge and command you, and every of you, forthwith upon the receipt hereof that you levy the summ of 40 s. (by him the said A. B. 20 s. to the King, and 20 s. to the Prosecutor. forfeited by the Statute for his offence) by way of Distress and Sale of the Offender's Goods, upon his not payment thereof, rendring to the said A. B. the over-plus, (if any be) And that you bring with you the said 40 s. at the next general Quarter-Sessions of the Peace to be holden for these parts of K. except the said A. B. shall shew good cause to the contrary, to His Majestie's Justice of the Peace at A. aforesaid, upon Thursday next being the twelfth day of this instant December. Hereof fail not at your perils. Given at the general Quarter-Sessions of the Peace at B. the second day, &c.
For not paying Wages.
Kent ss. THese are in (in His Majestie's name) to command you, that you, some or one of you, do cause A. B. to come before me, or some other of His Majestie's Iustices of the Peace of the County aforesaid, to answer unto such matters as shall be objected against him by C. D. touching his detention of 20 s. due unto C. D. (as he saith) for wages, and farther to doe and receive as to Justice doth appertain, unless the said A. B. shall forthwith pay unto the said C. D. the wages aforesaid, or do otherwise give satisfaction unto him for the same; And you are hereby also farther required to give unto the said C. D. convenient notice of the time, places when, and whither, and before whom you shall cause the said A. B. to come (in execution hereof) to the end that he may be also then and there present to make appear his due to the wages aforesaid. Hereof fail not, &c.
A Warrant for Relief of a Man-servant that is out of Service.
Kent ss. FOrasmuch as complaint is made43 Eliz. cap. 2. unto me by A. B. That he being lawfully retained in the Service of C. D. of your Town of E. Yeoman, at Lady day was twelve-month, and being discharged his Service at Lady day last, hath been at the Statute Sessions, and cannot find himself a Service, and being destitute of means whereby to relieve himself. These are therefore (in His Majestie's name) straitly to charge and command you, and every of you, that presently upon the receipt hereof you do receive the said A. B. into your Town, and see him set on work and provided for according to the Statute in that case made and provided. Hereof fail not, &c.
A Warrant against one that departeth out of Service before his time expired.
Kent ss. THese are (in His Majestie's name) to command you, that you, some or one of you, do attach C. D. of E. and bring him before me, or some other Justice of the Peace of and within the said County, to answer for that he is departed out of Service from A. B. of C. (his time of Covenant with him made being not expired,) contrary to the Statute in that case made and provided. And farther to [...]e dealt with [...] according to Law. Hereof, &c.
To fetch back a Servant.
K. ss. FOrasmuch as A. B. a Servant to C. 5 Eliz. 4. of D. Joyner, hath gone from his said Master without his lawfull Licence or Testimonial, in the County of E. These are therefore (in His Majestie's name) to require and command you, some or one of you, that forthwith upon sight hereof you go with [Page 317] the Bearer hereof, and as speedily as may be apprehend the said A. B. and him to bring before me, or some other of His Majestie's Justices of the Peace for the said County, to the end that such farther proceedings may be thereupon had as by Law is required. Hereof fail not, &c. Given under, &c.
A Discharge of a Servant from his Service within the time agreed, upon his absenting himself.
Kent ss. FOrasmuch as it appeareth unto1 Iustice. me, That A. B. was retained by C. D. to serve him for a term (not yet expired.) And the said A. B. without consent of him the said C. D. hath for the space of, &c. now last past absented himself from the said Service, and is gone into some place unto the said C. D. unknown. I therefore upon the consideration of the premisses, and of the equity thereof, on the part of the said C. D. allow the cause and matter aforesaid to be reasonable and sufficient to discharge the said C. D. from any farther keeping the said A. B. in his said Service, and do accordingly discharge the said A. B. from his Service aforesaid. Given under my hand and seal at T. the twenty second day of May, &c.
A Testimonial for the discharge of a Servant.
MEmorandum, That A. B. Servant to C. D. 5 Eliz. 4. of E. Husbandman or Taylor, &c. in the said County, is licensed to depart from his said Master, and is at his liberty to serve elsewhere, according to the Statute in that case made and provided. In witness whereof, &c.
In a Town, to be under the Seal of the Town and two Housholders there; if in the Coun [...]y, under the Seals of the Constable or Constables, and two Housholders there, where he last served.
A Master that retains a Servant without such a Testimonial forfeits 5 li.
It must be Registred by the Parson, Vicar, or Curate of the Parish who is to have 2 d. for doing thereof.
Silk-Throsters.
An Order for the payment of monies to a Silk-Throster by his Workman who imbezils his Silk.
Kent ss. WHereas upon the complaint14 Car. 2. cap. 15. 1 Iustice. of A. B. of C. Silk-Throster, made that he having delivered to C. D. of E. Silkwinder, or Doubler, or Iournyman. of Silk to be by him Silkwinded or Silk-doubled. for the said A. B. and the aforesaid C. D. hath Unjustly or deceitfully and falsely purloin-imbezil, pawn, sell, or detain. Buyer or Receiver. parcel thereof, which complaint upon my examination of the same (according to the form of the Statute in that case made) hath been made, apparent unto me to be true, I have thereupon determined the offence aforesaid, and do hereby order and appoint, that the said C. D. shall give and pay to the said A. B. the summ of 40 s. for his damages, losses, and charges thereabouts, within fourteen days now next ensuing. Given under my hand and seal, &c.
Against an Offender for not performing the Order before mentioned.
Kent ss. WHereas upon the complaint of A. B. of C. Silk-Throster, to me made, That he having delivered to C. D. (a) to be by him (b) for the said A. B. As afore. And that the aforesaid C. D. had (c) parcel thereof, which complaint upon my examination of the same (according to the form of the Statute in that behalf made) was made appear unto me to be true. And I did thereupon determine the offence aforesaid, and did by Warrant under my hand and seal order and appoint, that the said C. D. should give and pay to the said A. B. for his damage, loss, and charges thereabouts, 40 s. within fourteen days then next ensuing. And forasmuch as the said C. D. did not within the said fourteen days, nor at any time since, make such Recompence or Satisfaction to the said A. B. as was by me as aforesaid ordered and appointed, although he had convenient notice so to doe. These are, &c. to will and require you, that you, some or one of you, do apprehend and whip the said C. D. or set him in the Stocks, in the place where the same offence was committed, or in some Market in this County near unto the place aforesaid. Given under my hand, &c.
[Page 321]The like Warrant against the Receiver, Buyer, or Taker to pawn.
Souldiers.
A Warrant to warn in a Muster at a certain day, &c.
K. ss. BY Command from the Right honourable H. Earl of W. (Lord Lieutenant of the said County) I require you to warn all the persons mentioned in a List hereunto annexed, to appear compleatly Armed and Furnished with Coats (according to former Orders) at S. near C. upon Monday the twelfth day of this instant September, at eleven of the Clock in the forenoon of the same day (at the furthest;) And every of them is to bring with him four days pay, and the Mustermaster's Salary. The Musqueteers to bring with him one pound of Powder, and Match and Bullets proportionable, then and there to receive further Orders. And you the said Constable to be then and there present, to make appear what you have done in execution hereof, of what is here commanded. No person concerned herein is to fail at his peril. Given [Page 322] under my hand and seal the seventh day of May 1681. 33. Regni Regis, &c.
A Certificate for a Trained Souldier.
THese are to certifie you, That A. B. the Bearer hereof is a Trained Souldier of the Burrough of S. for his Majestie's service appointed under my command, and therefore not otherwise to be charged or molested, as you will answer the contrary at your perils. Given under my hand at, &c.
To order an Allowance to a poor Souldier out of the Stock for Maimed Souldiers.
Kent ss. FOrasmuch as A. B. Officer, Souldier, or Marriner, maimed, indigent, aged, or disabled in body for work in the service of His late Majes [...]y, or His Majesty that now is, or under the late Wars, or so impoverished by his sufferings under any the late usurped Powers, as that he is▪ dissolute of any competent subsistence or livelihood. hath according to the form of the14 Car. 2. cap. 9. 2 Iustices. Statute (in that behalf lately made) made appear unto us, that he hath continued faithfull to his trust, and not deserted the same by taking up Arms against His late Majesty, or His Majesty that now is, or otherwise; And hath repaired to W. in the said County, (being the place where he wa [...] last settled before he took Arms: We do therefore (according to the said Statute) assign for his Relief until the [Page 323] next Quarter-Sessions to be holden for the County of K. which you are hereby required to pay unto him. Given under our hands and seals, &c.
The like for Allowance to Wife or Orphan.
Kent ss. FOrasmuch as A. B. Widow or Orphan of such person as is described in the Margin of the last before going Warrant. hath (according to the form of the Statute in that behalf lately made) made appear unto us, that A. B. late of C. continued faithfull to his trust, and not deserted the same by taking up Arms against His said late Majesty, or His Majesty that now is, or otherwise: We do therefore (according to the said Statute) adjudge that over and besides such relief as she or they. shall gain by her or their. work and labour, and shall be allowed by the charity and benevolence of the Parish of A. where she or they. is now settled. Given under our hands and seals this, &c.
Swearing.
To pay 1 s. for Swearing in the presence of a Justice of the Peace.
Kent ss. FOrasmuch as A. B. of, &c. in the [...]1 Iac. cap. 20. 1 Iustice, within 20 days after the Offence, by Consession, or 2 Witnesses. County aforesaid, Butcher, (being of above the age of twelve years) did in my hearing this present day (in the Parish aforesaid) prophanely swear one Oath, for which Offence he forefeited and was to pay (to the use of the Poor of the Parish) the summ of 12 d. These are therefore (in His Majestie's name) to command you to levy to the use of the Poor of the said Parish, the aforesaid 12 d. by Distress and Sale of the Goods of the said A. B. (rendring to him the over-plus.) And in defect of such Distress, that you the said Constable do set the said A. B. in the Stocks, by the space of three whole hours. Hereof fail not, &c.
A Warrant to levy Monies for prophane Swearing.
K. ss. FOrasmuch as it was this present day proved before me, that A. B. of, &c. did in the said Parish offend by profane Swearing four Oaths, by reason whereof he hath forfeited to the use of the Poor of the said Parish the summ of, &c. that is to say, 3 s. 4. d. for every time he did so offend, according to the form of the Statute in that case made and provided. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do forthwith levy the said forfeiture of, &c. upon the Goods and Chattels of the said A. B. by Distress and Sale of the same, returning the over-plus. And that forthwith after your levying of the said forfeiture of, &c. you pay the same to the Church-wardens and other the Overseers of the Poor of the said Parish, or to some or one of them to the use of the Poor aforesaid. And in case no sufficient Distress shall be found, and that the said A. B. shall not pay the said forfeiture, or give security for the same. That then you do set him in the Stocks there to remain the space of three whole hours Hereof fail not, &c.
A Certificate of Conviction for Swearing.
Kent ss. I R. K. Esquire, one of His Majestie's Justices, &c. do hereby certifie to the Clerk of the Peace of the County of K. that the persons whose names are hereunto subscribed were, since the last Sessions, committed before me for Swearing one prophane Oath a piece. Given under my hand and seal this, &c.
Tax.
A Warrant to the Assessors to make a Tax upon an Act of Parliament for Royal Aid.
K. ss. BY virtue of an Act of this present Parliament, intituled, An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised, levied, and paid in the space of three years in manner following, (that is to say) 68819 li. 9 s. by the month, for thirty six months, beginning from the 25. day of Decemb. 1664. These are to will and require you, and every of you, whose names are hereunder written for the purpose aforesaid, for the second [Page 327] and third quarterly payments of the said six months Assessments, with all care and diligence to assess on all Lands, Tenements, Hereditaments, Annuities, Rents, Parks, Warrens, Goods, Chattels, Stock, Merchandise, Offices, (other than Judicial and Military Offices, and Offices relating to the Navy, under the command of the Lord High Admiral, and Offices within His Majestie's Houshold) Tolls, Profits, and all their Estates both reall and personal, within the Limits, Circuits and Bounds of your Hundred of A. the full and just summ of, &c. by a pound rate wherein you are to assess the Tenant, one sixth part of the whole in respect of his stock upon Land, and you are to assess all other persons for their personal estate, (other then their stock upon Lands and Houshold-stuff) for every 20 li. proportionably to 1 li. by the year in Lands. And you are to take especial care that therein you assess not any part of the said monies upon the Rents and Revenues due, and payable to either the Universities, or any other Colleges, Halls, Hospitals, Almes-houses or Free-schools. Nevertheless you are to assess the Tenants of all such Lands and Tenements for so much as the same are worth by the year, over and above what Rents or Revenues they pay to the said Universities, Colleges, &c. And you are hereby further willed and required that you bring the said Assessment fairly written, exactly cast up, and by you signed unto us at the house of, &c. (tali die) by two of the clock in the afternoon of the same day; Of all which you nor any of you, are to fail, upon pain of 20 li. Given under our hands and seals at A. the, &c.
To A. B. C. D. E. F. G. H.
The Preamble of the Tax Book.
Kent ss. A Tax made the second day of May, Anno Dom. 1664. and in the sixteenth year, &c, by us whose names are hereunder subscribed, in pursuance of a Warrant to us directed under the hands and seals of A. B. C. D. E. F. Esquires, and others, Commissioners, nominated in an Act of this present Parliament, intituled, An Act for granting, &c. (as before.) We are required to assess upon the said Hundred, on all Lands, Stock, Goods, &c. the summ of, &c. by a pound rate wherein the Tenant is to be assessed one sixth part of the whole which we have accordingly assessed, viz▪ the Landlord at 5 d. in the pound Rent, and the Tenant 1 d. on the pound in respect of his Stock, upon the said Lands, and for all other Goods, Stock, &c. for every 20 li. proportionably to 2 s. per annum, on Lands as followeth. viz. A Burrough
Tenants. | Rents. per Annum. | Tax on Lands. | Tax on Stock Lands and Landlords. Trade. |
C. D. | 20 li. | 0. 08. 04. | 0. 1. 8. A. B. Esq E. F. J. K. |
G. H. | 50. | 1. 00. 10. | 0. 4. 2. |
L. M. | 80. | 1. 13. 04. | 0. 6. 8. |
Abatement to be allowed to the Landlord, in respect of the Water, In-lets, and other Charges imposed on the said Lands.
A Warrant to the Collectors of the Tax upon the Royal Aid.
Kent ss. BY virtue of an Act of this present Parliament, intituled, An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised, levied, and paid in the space of three years. These are to will and require you, and every of you, whose names are hereunder written, to collect all and every the summs of money mentioned in the Assessment hereunto annexed, so that you duly pay the summ (which you are hereby required so to doe) unto A. B. of, &c. whom we have nominated and appointed head Collector of the moneys aforesaid, at his house in A. aforesaid, in manner following, (that is to say) one Moiety thereof (being the second quarterly payment of the said three years Assessment) on or before the twentieth day of, &c. next ensuing, and the other Moiety thereof, (being the third quarterly payment of the said three years Assessment) on or before the twentieth day of October then next following▪ And in [...]ase any person or persons shall neglect or re [...]se to pay any summ of money whereat he is in the said Assessment rated or assessed, then you, and every of you, are hereby authorized and required to levy the summ assessed by Distress and Sale of the Goods of such person or persons so refusing or neglecting to pay, deducting the summ assessed and reasonable charges of Distraining; and you shall restore the ever plus to the Owner thereof. Yo [...], and every of [Page 330] you, are hereby likewise authorized to break open in the day time any House, Trunk, Chest, Box, or other thing where any such Goods are, and to call to your assistance the Constable, Tithing-man, and Headburrough within the place where any such refusal, neglect, or resistance shall be made, which said Officers are by the said Act required to be aiding and assisting in the premisses, as they will answer the contrary at their perils. And in case any person or persons shall refuse or neglect to pay his or their Assessment, and convey his or their Goods, or other personal Estate, whereby the summ of money so assessed cannot be levied according to the said Act, that then you certifie to us, or any two of us, the name or names of such person or persons so refusing, or neglecting, or conveying as aforesaid. To the end such proceedings may be had thereupon against him, her, or them, as by the said Act is directed. And in case any Lands or Houses within your Hundred shall lie unoccupied, and no Distress can be found on the same, by reason whereof your said Hundred is forced to pay and make good the Tax assessed upon such Lands lying unoccupied, Then you, and every of you, are hereby authorized and required, at any time after, with the assistance of the Constable or Tithing-man within your Hundred for the time being, to enter and distrain upon the said Lands and Houses when there shall be any Distress thereupon to be found, and the Distress and Distresses (being the proper Goods of the Owner, or any claiming any Estate, Interest, or Profit under him) if not redeemed within fourteen days, by paymen [...] of the Tax and Charges of Distraining, to sell, rendring the over-plus to the Owner or [Page 331] Owners of such Distress. And you are hereby enjoyned to distribute the money raised by the Sale proportionably to the parties who contributed to the Tax of the said unoccupied Lands, you, and every of you, are hereby further enjoyned, that where any Wood-land shall be Assessed and no Distress can be had, that in such case, with the assistance of the Constable, Headburrough, or Tithing-man, you cut and sell to any person or persons so much of the Woods growing on the said Wood-lands as will pay the Assessment or Assessments so behind and unpaid, and the charge incident thereunto. And the person or persons and his Assigns, to whom such Woods shall be sold, are by the said Act authorized to fell, cut down, dispose, and carry away the same to his own use, rendring the over-plus (if any be) to the Owner thereof. You, and every of you, are hereby likewise authorized, that where any Tax or Assessment within your said Hundred shall be laid upon Tiths, Tolls, Profits of Markets, Fairs, or Fisheries, or other annual Profits not distreinable, in case the same shall not be paid within fifteen days after such Assessment so charged, or laid, and demanded, That then you, or any of you, seize, take and sell so much of the said Tithes, Tolls, and other Profits so Charged as shall be suffidient for the levying of the said Tax and Assessment, and all Charges occasioned by such non payment thereof, rendering the over-plus to the Owner (if any be) of all which you, nor any of you, are to fail upon such pains and penalties as by the said Act may in such case be inflicted on you. And lastly, we do hereby declare unto you, that upon your Collection of the whole summe appointed to be Collected by you, and payment [Page 332] thereof as is hereby appointed: you are to have▪ and receive for your pains in collecting and paying the moneys one penny in the pound, which the said head Collector is by us authorized, to pay unto you accordingly. Given under our hands and seals at A. the, &c.
To A. B. C. D. E. F. Collectors for the Hundred of A. in the said County.
A Warrant to levy 5 li. upon the Collectors for neglecting to collect their Assessment.
Kent ss. WHereas complaint hath been made unto us this present day by A. B. of, &c. high Collector of the second and third quarterly payments of the Royal Aid granted to His Majesty, That the severall Persons whose names are hereunder written, being petty Collectors of the said two quarterly payments within your said Hundred, have wilfully neglected and refused to pay unto the said A. B. the several summs of money charged upon them to collect and pay unto the said high Collector on the several days and times to them limited and appointed for the payment of the same notwithstanding▪ several Warrants have been issued out unto them to make payment thereof as they would avoid the Penalties to be inflicted upon them by the [Page 333] Law for their non-payment thereof. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do immediately upon receipt hereof levy upon the several Persons whose names are hereunder written upon each of them the summ of 5 li. for such his neglect and refusal as aforesaid by way of distress and sale of his Goods, according to the Act of Parliament in that case made and provided. Hereof fail not at your perils. And for so doing this shall [...] your sufficient Warrant. Given under our hands and seals at, &c.
Testimonials.
A Testimonial for conveying a Rogue who hath been punished.
A. B. a sturdy Vagrant Beggar (of middle personage, Black haired, having a Scar in the right Cheek) aged about 30 years, was this 10. day of Novemb. in the 32 year of the Reign of our Sovereign Lord King Charles the Second over England, &c. openly whipped at T. in the said County (according to Law)39 Eliz. cap. 4. 1 Iustice and Constable hands and s [...]als. But by Lamb. Iustice, p. 206. 1 Iustice sufficient. for a wandring Rogue, and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next streight way to R. in the [Page 334] County of H. where (as he confesseth he was born (or dwelled last by one whole year, &c.) if the case be such,) and he is limited to be at R. aforesaid within twelve days now next ensuing at his peril. Given at T. under the hand and seal of R. K. Esquire, one of His Majestie's Justices of the Peace of the said County of Kent, and R. H. the Constable of T. aforesaid.
A Testimonial for one that hath suffered shipwreck.
Kent ss. FOrasmuch as the Bearer hereof A. B. aged about, &c. having lately been at Sea in a Ship called, &c. hath suffered Shipwreck and got to land at G. in the1 Iustice dwelling near the place of his landing. said County of K. upon the 10. day of March last past (as I am credibly informed as well by the report of the said A. B. as also by the testimony of divers of the Inhabitants of G. aforesaid;) and for that the said A. B. hath not wherewithall to relieve himself in his travel homewards to T. in the County of S. where he saith he was born (or hath a dwelling, &c.) These are therefore to pray you, and every of you, to whom these Presents shall come, not to molest or trouble the said A. B. in his travel to T. aforesaid, where he is limited to be within 20 days next after the date hereof, but to desire you [Page 335] rather to relieve him in his necessity, as to you shall seem meet; and withall you the Constables and Borsholders of every Town where he shall come to help him with Lodging in convenient time, so that he travel the direct way to T. aforesaid, not doing any thing contrary to the Laws and Statutes of this Realm. Given under my hand, &c.
The like may serve (with alterations) for a poor Souldier, &c.
Tiling.
A Deputation for Tile-searchers.
Kent ss. WE whose names are hereunto17 Ed. 4. cap. 4. 2 Iustices. To pay the Searchers for every 1000 of Plain-tiles 1 d. Every 100 of Roof-tiles ob. and for every 100 of Corner or Guttertiles q. written, His Majestie's Justices of the Peace of the said County, do (according to the form of the Statute in that behalf made in the seventeenth year of the Reign of the late King Edward the Fourth) ordain, assign and depute A. B. of C. and D. E. and either of them (during our wills and pleasures) to search and examine the digging, casting, turning and ordering of Earth for all Plain-tile, Roof-tile, Corner-tile, and Gutter-tile, to be made [within the Division of the seven Hundreds] in the County aforesaid; and to search and examine all the Tiles aforesaid, that the same be good, reasonable, [Page 336] and very sufficient, and thoroughly whited and anealed, and do contain such length, breadth, thickness and deepness as by the said Act is required; and generally to doe and perform all such other things as to the Office of Searchers do (by virtue of the said Act) appertain; and to receive and have such Fees and Salaries for their and either of their labour in the premisses as by the said Act is appointed. Given under our hands and seals at, &c.
Trespass.
A Warrant upon Hedg-breaking, &c. where the Party's not able.
Kent ss. FOrasmuch as it was this present43 Eliz. cap. 7. 1 Iustice where the Offence is committed, or the Party apprehended. Confession, or 1 Witness. Iustice not to act herein in his own case. day duly proved before me, That A. B. hath lately unlawfully (a) of C. D. at H. (contrary to the form of the Statute in that case made and provided.) And forasmuch as upon hearing and determining of the said matter, I have ordered and appointed, That the said A. B. should forthwith give and pay unto the said C. D. &c. of lawfull money of England, in and for recompence and satisfaction for his damages which he hath sustained by occasion of the Trespass aforesaid; And forasmuch as the said A. B. is thought in my [Page 337] discretion not able nor sufficient to make such recompence or satisfaction as aforesaid: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do whip the said A. B. for the Offence aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant or Order to pay where he is able.
Kent ss. FOrasmuch as it was this present43 Eliz. cap. 7. 1 Iustice, as before. day duly proved before me, That A. B. hath lately unlawfully (a) of C. D. at H. (contrary to the form of the Statute made and provided:) Now upon hearing and determining of the said matter, I do order and appoint, That the said A. B. shall within ten days now next ensuing give and pay unto the said C. D. &c. of lawfull money of England, in and for recompence and satisfaction for his damages which he hath sustained by occasion of the Trespass aforesaid. Given under my hand and seal at, &c.
To whip where not paid according to Order.
Kent ss. WHereas upon the 10. dayAs before. of Iune it was duly proved before me, That A. B. had then lately unlawfully a of C. D. at H. (contrary to the form of the Statute in that case made and provided:) And whereas upon hearing and determining of the said matter, I did then order and appoint, That the said A. B. should within, &c. then next ensuing, give and pay unto the said C. D. &c. of lawfull money of England, in and for recompence and satisfaction for his damage which he hath sustained by occasion of the Trespass aforesaid; And forasmuch as it doth now sufficiently appear unto me, that the said A. B. hath not hitherto given or paid unto the said D. the aforesaid, &c. according to my said order and appointment: These are therefore (in His Majestie's name) [...]o command you, that you, some or one of you, do whip the said A. B. for the Offence aforesaid. Hereof fail not at your perils. Given under my hand and seal at, &c.
A Warrant from the Justices at a Quarter-sessions for apprehending one indicted for a Trespass.
Kent ss. THese are to will and require you, and (in His Majestie's name) straightly to charge and command you forthwith upon receipt hereof, to bring [Page 340] before us, and other His Majestie's Justices of the Peace of this County to the Sessions of Peace holden for the County of K. at A. in the said County, the Body of T. R. &c. standing indicted for a Trespass (if the Court there be then sitting,) or if not, before some other of His Majestie's Justices of the Peace for the said County, then and there to answer the same, and all such matters as on His Majestie's behalf shall be objected against him; and if he cannot be taken during this present Sessions, that then so soon after as he shall be taken you bring, or cause to be brought before us, or some other of His Majestie's Justices of the Peace of this County to find sufficient Sureties for his personal appearance at the next Sessions of Peace to be holden for the said County to answer as aforesaid, and farther to be dealt withall according to Justice. Hereof you are not to fail at your perils. Dated in open Sessions at A. aforesaid, the one and twentieth day of April, &c. Annoque Dom. 1680.
Uagrants.
A Warrant for apprehending Beggars and other Idle persons.
M [...]dd. ss. WHereas the Suburbs of London 2 Iustices. and Places adjacent are now infected with many Rogues, Vagabonds and Sturdy Beggars, and other Idle persons that can give no good accompt of their life and conversation, to the danger of the Inhabitants, and contrary to the Laws and Statutes of this Realm. These are therefore (in His Majestie's name) straightly to charge and command you, and every of you, That at all convenient times hereafter taking with you a convenient aid and assistance, you make diligent search in the several Places aforesaid, and in all other suspected Places within any the Parishes in the said County for all such Rogues, Vagabonds and sturdy Beggars, and other suspected and Idle persons; And them to apprehend and bring before us, or one of us to be examined and dealt with according to Law. Hereof fail not, &c. Given under our hands, &c.
A Testimonial or Pass for him to the1 Iac. c. 7. 39 Eliz. cap. 4. 14 Car. 2. cap. 12. 1 Iustice. place of his Birth.
Kent ss. A. B. a Vagrant, middle stature, aged about 30 years, was this present day taken Taken [...]gging Va [...]nt, wandring, or misordering himself, [...]pped naked from the middle upwards, and be openly whipped untill his [...] be [...]oudy. at B. in the County aforesaid, and then and there by my appointment punished (according to the form of the Statute in that case provided;) And he is to be conveyed from Parish to Parish by the Officers of every of the same the next straightway to the Parish of T. where (as he confesseth) he was born (there to put himself to labour as he ought to doe;) and he is limited to pass thither within, &c. days now next ensuing, at his peril. Given under my hand and seal at, &c.
This must be signed by the Iustice and Minister, Constable, &c. or two of them.
The like where the Place of his Birth is not known.
Kent ss. A. B. a Vagrant, of low stature, aged about 20 years, was this present day taken As [...]ovesaid. at T. in the County aforesaid, and then and there by my appointment punished (according to the form of the Statute in that case provided;) [Page 343] And for that the Parish where he was born is not known, (though it be demanded of him,) And for that also he did last dwell before the same punishment by the space of one whole year in the Parish of T. &c. (as he confesseth:) He is therefore to be conveyed from Parish to Parish by the Officers of every of the same the next straight way to the said Parish of T. there to put himself to labour (as he ought to doe;) And he is limited to pass thither within, &c. days now next ensuing, at his peril. Given under my hand and seal at, &c.
The like where neither the Place of his Birth, nor last abode is known.
Kent ss. A. B. a Vagrant, of middle stature, aged about 40 years, was this present day taken As abovesaid. at T. in the said County, and then and there by my appointment punished (according to the form of the Statute in that case provided;) And for that neither the Parish where he was born, nor the Parish where he did last dwell before the said punishment by the space of one whole year, is known (though both were by me demanded of him:), He is therefore to be conveyed from Parish to Parish by the Officers of every of the same the next straight way to the Parish of B. in the, &c. (through which he last passed without punishment, as he saith,) and he is to be from thence conveyed by the Officers of the said Parish (according to the form of the Statute in [Page 344] that case made and provided,) and is limited to pass thither within, &c. days now next ensuing, at his peril. Given under my hand and seal at, &c.
The like where the Vagrant is apprehended in a general privy Search.
Kent ss. A. B. a Vagabond, of small stature, [...] Iac. c. 4. 2 Iustices. aged about 20 years: was sound and apprehended at T. in the said County, in a general privy Search by our command made (according to the form of the Statute in that case made and provided) and brought before us this present day at our Assembly at V. and by our appointment punished according to Law: And he is to be conveyed from Parish to Parish, &c. [as before in one of the three precedent Warrants, according to the Case.]
To pay two shillings for apprehending a Vagrant.
Kent ss. WHereas A. B. did lately apprehend and bring unto me C. D. Rogue, Vagrant, or sturdy Beggar. which did pass through your [Page 345] aforesaid, &c. in the Parish aforesaid unapprehended: These are therefore (in His Majestie's name) to will and require you forthwith to pay to the aforesaid A. B. 2 s. for each. 2 s. for his said apprehension of the C. D. aforesaid (according to the form of the Statute in that case lately made.) Hereof fail not at your peril. Given under our hand and seal at, &c.
Upon not payment of the same.
Kent ss. WHereas A. D. did lately apprehend14 Car. [...]. cap. 12. 2 Iustices. The forfeiture is by 1 Iac. c. [...]. The power to levy it is by 39 Eliz. cap. 4. and bring unto T. H. one of His Majestie's Justices of the Peace of the said County, C. D. which did pass through the, &c. in the Parish of T. in the County aforesaid, un-apprehended; of which said place of apprehension A. B. was then Borsholder or Constable. And thereupon the aforesaid Justice did (according to the form of the Statute in that behalf made) require the said A. B. to pay to the aforesaid A. D. two shillings for his said apprehension of the aforesaid C. D. Nevertheless the said A. B. hath neglected to pay the same: These are therefore (in His Majestie's name) to require you, and every of you, that you, some or one of you, do levy by Distress and Sale of the Goods and Chattels of the said A. B. ten shillings by him forfeited and lost for not [...] [Page 346] the aforesaid C. D. to be punished and convicted (according to the form of the Statute in that behalf made,) And that out of the moneys by you so levied, you do pay to the said A. D. the aforesaid 2 s. and, &c. more which we think fit to allow unto him for loss of his time, and that you do imploy and dispose of the residue of the said 10 s. to the relief of the Poor of the Parish aforesaid. Hereof fail not at your perils. Given under our hands and seals the, &c.
A Certificate of apprehending a Vagrant in the confines of another County.
Kent ss. THese are to certify you, That14 Car. 2. cap. 12. [...] Iustice. C. D. Rogue, Vagrant, or sturdy Beggar. having passed through the Parish of T. in the said County of C. un-apprehended, was upon the second day of Iune apprehended at T. in the said County of C. in the confines of the County aforesaid, by R. W. Given under my hand the, &c.
To pay the two shillings thereupon.
Kent ss. WHereas I have received a14 Car. [...]. cap. [...]2. 1 Iustice. Certificate under the hands of A. B. one of His Majestie's Justices of the Peace for the County of K. That C. D. Rogue, Vagrant, or sturdy Beggar. having passed through the Parish of T. in the said County of C. un-apprehended, was upon the second day of Iune apprehended at T. in the said County of C. in the confines of the County aforesaid by R. W. which said Parish of T. was then in your Hundred or Borough. 2 s. for each. These are therefore (in His Majestie's name) to will and require you forthwith to pay to the aforesaid R. W. 2 s. for his said apprehension of the aforesaid C. D. (according to the form of the Statute in that case lately made.) Hereof fail not at your perils. Given under my hand and seal the, &c.
Upon non-payment of the same.
Kent ss. WHereas I lately received a14 Car. 2. cap. 12. 1 Iustice. Certificate under the hand of A. D. one of His Majestie's Justices of [Page 348] the Peace of the County of K. That C. D. having passed through the Parish of, &c. in the said County of K. un-apprehended was apprehended at T. in the said County of K. in the confines of the County aforesaid, by R. W. of which said Parish A. B. of C. was then Constable or Borsholder. And whereas I did (according to the form of the Statute in that behalf lately made) by warrant under my hand and seal require the said A. B. to pay the aforesaid R. W. two shillings for his said apprehension of the aforesaid C. D. (according to the Statute aforesaid) nevertheless the said A. B. hath neglected to pay the same: These are therefore (in His Majestie's name) to require you, and every of you, that you, some or one of you, do levy by Distress and Sale of the Goods and Chattels of the said A. B. ten shillings by him forfeited and lost by not causing the aforesaid C. D. to be punished and conveyedThe forfeiture and power to levy is by 39 Eliz. cap. 4. (according to the form of the Statute in that behalf made) And that (out of the moneys you have so levied) you do pay to the said R. W. the aforesaid 2 s. and, &c. more which we think fit to allow him for his expences and loss of time; and that you do imploy and dispose of the residue of the said 10 s. to the relief of the Poor of the said Parish of T. Hereof fail not at your perils. Given under my hand and seal the, &c.
Waggons and Carts.
An Affidavit to be made before a Warrant granted, for destreining for 40 s. forfeited for drawing with six Horses in length in a Team, Cart, or Waggon.
K. ss. G. R. of the Parish of, &c. in the22 Car. 2. cap. 12. 1 Iustice. 1 Witness. County of, &c. Upholster, making Oath, That I. D. did upon the fourth day of this instant Febr. travel his Waggon through the common High-way in the said Parish of, &c. drawn with six Horses at length, contrary to an Act of Parliament made in the 22. year of His now Majestie's Reign, intituled, An additional Act for the better repairing of the High-ways and Bridges. And that the Waggon was not imployed in and about Husbandry, and managing of Lands, nor in the carrying of Hay, Straw, Corn unthrasht, Coal, Chalk, Timber for Shipping, Materials for building, Stones or such Ammunition or Artillery as shall be for His Majestie's service.
A Warrant to destrain upon such as travel with a Waggon or Cart, drawn with six Horses at length.
Kent ss. WHereas G. R. of the Parish of, &c. in the County of, &c. Yeoman, hath this present tenth day of Feb. made Oath before me, one of His Majestie's Justices of the Peace for the County aforesaid, that M. D. of the said Parish of K. did upon the fourth day of this instant Feb. travel with his Waggon through the Parish of, &c. in the said County, drawn with six Horses at length (contrary to the Statute in that case made and provided,) for which offence he hath forfeited the summ of 40 s. These are therefore to authorize, and (in His Majestie's name) to charge and command you, and every of you, forthwith to levy the said summ of 40 s. upon the Goods and Chattels of the said M. D. rendring to him the overplus, if any be, (reasonable Charges of Destraining first deducted.) And the same monies so by you levied, you are to pay as followeth, viz. one Third part to the Surveyors of the High-ways within your said Parish, to be imployed in the repairs of the said Highways, one other Third part you are to pay to the Overseers of the Poor within your said [Page 351] Parish, to be to the use of the Poor there; and the other Third part you are to pay to the said G. R. for discovering the same. Hereof fail not. Given under my hand and seal this, &c.
Watch and Ward.
A Warrant to the High Constable for putting in Execution the Statute of 13 Car. 2. (Renting the Statute,) and for keeping good Watches (upon His Majestie's going to Oxford.)
M. ss. WHereas His Majesty having13 Car. 2. cap. 1. commanded us whose names are hereunder written, and others, His Majestie's Justices of the Peace of the County of Middlesex, to attend him in Council the 25. day of February last past, did by Himself, and the Right Honourable the Lord President, acquaint us, That His Majesty was in a short time to remove His Court to Oxford, and did require and command us to use our utmost endeavours, with care and industry, to preserve the Peace of this important County, during His Majestie's absence, and in particular to [Page 352] put in Execution the Statute made in the 13. year of His now Majestie's Reign, For the preservation of His Majestie's Sacred Person, (whom God preserve with long life) in and by which said Statu [...]e it is enacted, That if any person or persons whatsoever during the natural Life of our most gracious Sovereign Lord the King that now is, shall within this Realm, or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the Person of the same our Sovereign Lord the King, or to deprive or depose him from the Stile, Honour, or Kingly Name of the Imperial Crown of this Realm, or of any other His Majestie's Dominions or Countries, or to levy War against His Majesty within this Realm, or without, or to move or stir any Foreigner or Stranger with force to invade this Realm, or any other His Majestie's Dominions or Countries, being under His Majestie's Obeysance, and such compassings, imaginings, inventions, devices or intentions, or any of them shall express, utter, or declare, by any Printing, Writing, Preaching, or malicious and advised Speaking, Every such Person and Persons so as aforesaid offending, shall be deemed, declared, and adjudged to be Traytors, and shall suffer pains of Death, and also lose and forfeit as in cases of High Treason. And that if any Person or Persons at any time, during His Majestie's Life, shall maliciously and advisedly publish or affirm the King to be an Heretick, or a Papist, or that he endeavours to introduce Popery, or shall maliciously and advisedly, by Writing, Printing, Preaching, or other Speaking, express, publish, utter, or declare any words, sentences, or other thing or things, to incite or stir up the people to hatred or dislike of [Page 353] the Person of His Majesty, or the established Government, Then every such person and persons, being thereof Legally convicted, shall be disabled to have, enjoy, or exercise any Place, Office, or Promotion Ecclesiastical, or Civil, or Military, or any other Imployment in Church or State, and shall be likewise liable to such further and other punishments as by the Laws or Statutes of this Realm may be inflicted in such Cases. And we having taken into consideration His Majestie's most gracious Speech then made unto us, and his commands laid upon us, Do therefore hereby will and require, and strickly charge and command, That you do forthwith issue forth your Warrants to the several petty Constables within your Division, thereby commanding them, that they do with their utmost diligence and endeavours, apprehend and secure all persons so as aforesaid offending against the said Statute, and bring such person or persons before us the said Justices, at our petty Sessions to be held weekly on Tuesday in every week, at or in A. &c. in the said County of Mid. by nine of the clock in the forenoon of the said days, to the intent they may be proceeded against according to Law and Justice. And we do hereby will and require you, that you do survey the Watches that are kept by the petty Constables in your Division, and order them the said petty Constables, that they do within their respective limits for the future keep their Watches from nine a clock at night untill six in the morning, to the intent that the King's Peace may be the better secured. And we hereby further will and require you, that you do in your said Warrants command the said petty Constables, that they do for the future take an Account in writing of all the names of [Page 354] those persons they Summon to be upon the Watch, and that they take particular notice of all and every person that shall after such Summons given make default, and not appear himself, or send some able and fit person to watch in his stead. And that they bring the said Account fairly written to us, who shall be assembled at the said petty Sessions, to the intent they may be proceeded against according to Law. And hereof you and the said petty Constables are not to fail at your perils. Given under our hands and seals the fourth day of March, in the year of our Lord, 1680. and in the 33. year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, of England, &c.
Another Warrant upon the same Statute.
M. ss. THese are (in His Majestie's name)13 Car. 2. cap. 1. to will and require you to take notice of, and to apprehend and bring before us at our weekly Meetings, all manner of persons that shall maliciously and advisedly publish or affirm the King to be an Heretick, or a Papist, or that he endeavours to introduce Popery, or that shall maliciously and advisedly by Writing, Printing, Preaching, or other Speaking, express, utter, or declare any words, [Page 355] sentence, or other thing or things, to make or stirr up the People to hatred of the person of His Majesty, or the established Government, to be dealt with according to Law. And further from time to time to appoint and settle sufficient Watches, (to meet at nine at night, and not to depart till six in the morning, amongst whom a competent number of good House-keepers are alwaies to be present.) And you, and every of you, are to bring us the Names and Conditions of your respective Watches at our said weekly Meetings, that the performance of your Duties herein may be the better known and taken notice of, His Majesty (in Council) having given us strict command herein. You are likewise to give us an Account of all such as Arm themselves beyond their Qualities, and to use your utmost endeavours, by all the ways imaginable, to preserve His Majestie's Peace during his absence from this City. Dated this eighth day of March, 1680.
A Warrant for Watch and Ward, and to apprehend idle persons.
Kent ss. FOrasmuch as information hath2 Iustices. 13 Ed. 1. cap. 4. Watch and Ward to be kept in every Town, from Michaelmasday to Ascensionday. been given unto us, that very many suspicious idle persons do wander about the Country without Controlment or Question, [Page 356] for the better prevention thereof for the future, and of Robberies, and other Misdemeanours often occasioned thereby. These are therefore (in His Majestie's name) to charge and command you, and every of you, to look to your Offices herein, and to see that you keep and cause Watches to be duly kept in all the Parishes and places within your said Hundred of A. by able and well-armed men every night, and Ward by day from Sun to Sun, and command them that they do apprehend all such Rogues, Vagabonds, sturdy Beggars, and other wandring and idle suspicious persons, as you shall apprehend by day or night, and conceive to be more than ordinary dangerous, and bring them before us or some other of His Majestie's Justices of the said County to be examined and dealt with according to Law. And all persons whatsoever are hereby commanded to be aiding, assisting, and obedient to you herein. Hereof fail not. Given under our hands, &c.
A Warrant by order of Quarter-Sessions to set Watch and Ward.
K. ss. WHereas there hath been of late several Robberies, Felonies, and Burglaries committed within this County, it was ordered at the last general Quarter-Sessions [Page 357] of the Peace holden for the said County at M. That for the prevention thereof for the future, you do from henceforth cause Watching and Warding to be continued, duly set, and kept in all and every usual place and places within your Hundred, by honest and able men within your several Precincts and Divisions, and that you do therein apprehend all and every suspicious person and persons, and bring them before us, or some or one of us, or some other of His Majestie's Justices of the Peace of, &c. within the said County, to the end he, she, or they may be examined, as also proceeded against according to the Law. And you are further required to give in to us, or some other Justice of the Peace of the said County, weekly an Account of your Service. And hereof you nor any of you are to fail, as you will answer the contrary at your perils. Given, &c.
Weights and Measures.
A Warrant to warn in all Tradesmen, and others, to have their Weights and Measures examined by the Standard.
Kent ss. THese are to will and require you,2 Iustices, 1 of the Quorum may (by Examination or Enquiry) hear and determine the faults of head Officers in Cities, Burroughs and Market-Towns, that do not twice yearly view and examine Weights and Measures, and Break and Burn the Defective. As also the defaults of Buyers and Sellers by false Weights and Measures, and may Break and Burn the Defective Weights and Measures, and Fine the Offenders at their discretion, and make process against them as if they were indicted of trespass against the Peace. 11 H. 7. c. 4. & 12 H. 7. c. 5. and (in His Majestie's name) to charge and command you, that you warn all persons inhabiting within your said Burrough, which have or use any Weights or Measures to be by me tried and examined by His Majestie's Standard, at the late Market place near H. in the County of K. on Thursday the 28. day of this instant Month of August, by eight of the clock in the forenoon of the same day. And that you also warn to be at the time and place aforesaid fifteen sufficient men of your said Burrough, that they, and every of them, personally appear before me to doe and perform such things as for His Majestie's service shall be then and there enjoyned them: And that you your self be there also personally present with this Precept, and have there the names of all Clothi [...]rs, Corn-Masters, Farmers, Vintners, Inn-keepers, Alehouse-keepers, Millers, Bakers, Butchers, Chandlers, Mercers, Grocers, Weavers, Drapers, Tailors, Tanners, Land-measurers, Smiths, Glovers, Malsters, [Page 359] and of all other Artificers, Tradesmen, and other persons whatsoever within your said Burrough, having or using any Weights or Measures whatsoever. Hereof fail not at your peril. Given under my hand and the seal of the said Mannor the, &c.
The Clerk of the Market's Warrant.
Kent ss. THese are in the King's Majestie'sA. B. Clerk of the Market. name, &c. to will and require you, and every of you, upon sight hereof, to summon and cause the several Inhabitants within your respective Wards that buy and sell by Weight or Measure to have their respective Weights and Measures (as well Yards and Ells, as others used by them) to be tried and examined before me on Monday the first day of September next, by the hour of eight in the forenoon at the George Inn in A. and that at the said time and place you deliver unto me in writing the Christian-name and Sir-name of every such Inhabitant with their respective Callings. Whereof you and every of you are not to fail, &c. Dated under my hand and seal the 23. day of August, Anno Dom. 1680. and in the 32 year of His now Majestie's Reign.
Witnesses.
A Warrant for Witnesses touching Felony.
K.. ss WHereas I have received information, That A. B. was lately robbed at D. in the County aforesaid; And whereas I am informed that E. F. of, &c. can give information (on His Majestie's behalf) touching proving the Robbery aforesaid: These are therefore (in His Majestie's name) to command you, that you, some or one of you, do cause the said E. F. forthwith to come before me, to give such information and evidence (as he knoweth) touching the said Robbery, to the end that I may farther proceed touching the same as to Justice doth appertain. Given under my hand and seal at H. in the County aforesaid, the first day of March 1679. Annoque Regni Regis Caroli Secundi 3 [...].
For a Witness to appear and give Evidence at the Sessions.
K. ss. FOrasmuch as A. B. of, &c. Barber, is thought to be a fit and necessary Witness to be examined on His Majesties behalf. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do forthwith warn him the said A. B. personally to appear before the Justices of the Peace at the next Sessions of the Peace to be holden for this County at H. then and there to testifie his knowledge on the behalf of His said Majesty, to and upon such matters as he shall be then and there examined of. Hereof fail not, &c.
Wood.
A Warrant against one that stole Wood, &c.
K. ss. FOrasmuch as it appeareth unto me14 Car. 2. cap. 12. 1 Iustice. by the confession of A. B. of your said Town of T. That he the said A. B. hath lately unlawfully cut down certain Sticks of Wood within your said Parish belonging to E. F. of your said Town, Gent. contrary to the form of the Statute in that case made and provided. And whereas it further appeareth unto me upon Oath, that the said Sticks of Wood were worth to be sold five shillings. These are therefore (in His Majestie's name) straitly to charge and command you, and every of you, that in case the said A. B. do not forthwith pay unto the said E. F. the said summ of five shillings, that then you do immediately cause the said A. B. to be publickly whipped about the said Town of T. Hereof fail not at your perils. Given under, &c.
To make a general Warrant to search for stoln Wood, &c.
K. ss. FOrasmuch as it is observed in these15 Car. 2. cap. 2. 1 Iustice. parts of the said County, That Woods, Underwoods, Poles, Young-trees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Rails, Hedge-wood, Broom, and Furze, are unlawfully cut, stoln, spoiled and taken away from the lawfull Owners of the same, (contrary to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber-trees:) These are therefore (in His Majestie's name) to charge and command you, and every of you, that you do (with all convenient speed) enter into and search the Houses, Out-houses, Yards, Gardens, or other places belonging to the houses, (within the said Hundred,) of all and every person or persons which you shall suspect to have any kind of such Wood, Under-wood, Poles, or Young-trees, or Bark or Bast of any Trees; or any such Gates, Stiles, Posts, Pales, Rails, or Hedge-wood, Broom, or Furze: And wheresoever you shall find any such, to apprehend or cause to be apprehended all and every person and persons suspected for the cutting or taking of the same, and them and every of them, in whose houses or other [Page 364] places belonging to them, any such Wood, Under-wood, Poles, or young Trees, or Bark or Bast of any Trees; or any Gates, Stiles, Posts, Pales, Rails, or Hedge-wood, Broom, or Furze shall be found, to bring before me or some other of His Majestie's Justices of the Peace for the said County, to be proceeded against as by the said Act is directed. Hereof fail not, &c.
A Warrant to search for stoln Wood, &c. upon a particular Complaint.
Kent ss. FOrasmuch as Complaint hath been15 Car. 2. ca [...]. 2. 1 Iustice. made unto me by A. B. That Wood Underwood, Poles, Youngtrees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedgewood, Broom, or▪ Furze. were within five days now last past taken out of his Lands in L. in the said County, and hath prayed such relief from me therein, as by an Act of Parliament in such cases lately made I am authorized to give. These are therefore (in His Majestie's name) to will and command you, and every of you, that you, some or one of you, do enter into and search the Houses, Out-houses, Yards, Gardens, or other places belonging to the houses within the said Hundred, of all and every person or persons which you shall suspect to have any of the said Wood Underwood, Poles, Youngtrees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedgewood, Broom, or▪ Furze. And wheresoever you shall find any such, to apprehend or cause to be apprehended, all and every person or persons suspected for the cutting and taking of the same; And them, and every of them, as also those [Page 365] in whose houses or other places belonging to them, any such Wood Underwood, Poles, Youngtrees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedgewood, Broom, or▪ Furze. shall be found, to bring before me or some other of His Majestie's Justices of the Peace of the said County, to be proceeded against as by the said Act is directed. Hereof fail not at your perils. Given under my hand and seal the, &c. 15 Car. 2. cap. 2. 1 Iustice. Person apprehended by
An Order against a person apprehended with Bundles, &c. of Wood, &c. to make satisfaction, &c. for the same to the Owner. The first Offence.
Kent ss. FOrasmuch as A. B. of C. was within five days last past apprehended by Officer or Inbabitant, having or carrying, or any ways conveying a Burthen or Bundle of having a Bundle of any kind of Wood, Under-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedgewood, Broom or Furze. and this day brought before me to give account how he came by the said any kind of Wood, Under-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedgewood, Broom or Furze. by the consent of the Owner (according to an Act of Parllam t [...] lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroying of young Timber-trees:) And for that he did not give such account thereof as did satisfie me, nor produce the party of whom he bought the same, or any other credible Witness to depose upon Oath such Sale thereof, whereby he is (according to the said Act) by me deemed and adjudged as convict of the Offence of cutting and spoiling of the said any kind of Wood, Under-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedgewood, Broom or Furze. within the meaning of another Act of Parliament, which was made in the third and fourth year of the Reign of the late Queen Elizabeth, (intituled, An Act to avoid and prevent Misdemeanours in idle and lewd persons:) And forasmuch as it appeareth unto me, That C. D. of, &c. was lawfull Owner of the said any kind of Wood, Under-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedgewood, Broom or Furze. I do [Page 366] therefore (according to the said first before mentioned Act) order and appoint, That the said A. B. shall within six days now next ensuing, give the said C. D. of lawfull money of England for recompence and satisfaction for his damages, and that the said A. B. shall (over and above) pay down presently unto the Overseers for the use of the Poor of the Parish of T. in the said County (whe [...]e the said Offence was committed) Any summ not exceeding 10 S. of lawfull money. Given under my hand and seal the, &c.
For not obeying that Order.
K. ss. WHereas A. B. of C. within eight15 Car. 2. cap. 2. 1 Iustice. days last past, was apprehended by Note: (a) as before having a Bundle of Note: (b) as before and lately brought before me to give account how he came by the said Note: (b) as before by the consent of the Owner, (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroyers of young Timbertrees:) And for that he did not give such account thereof as did satisfie me, nor did produce the party of whom he bought the same, or any other credible Witness to depose upon Oath such Sale thereof, whereby he was then [Page 367] (according to the said Act) by me deemed and adjudged as convict of the Offence of cutting and spoiling of the said Note: (b) as before within the meaning of one other Act of Parliament, which was made in the third and fourth year of the Reign of the late Queen Eliz. (intituled, An Act to avoid and prevent divers Misdemeanours in idle and lewd persons:) And whereas it then appeared unto me, That C. D. of, &c. was Owner of the said Note: (b) as before and I did therefore (according to the said first before mentioned Act) order and appoint that the said A. B. should within six days then next ensuing, give the said C. D. &c. o [...] lawfull money of England, for recompence and satisfaction for his damages: And that the said A. B. should (over and above) pay down then presently to the Overseers for the use of the Poor of the Parish of T. in the said County, (where the said Offence was committed,) & [...]. Note: (c) as before of like money: And forasmuch as the said A. B. did not (according to the said order and appointment) give or pay the moneys aforesaid: These are therefore (in His Majestie's name) to charge and command you, the said Constable and Borsholders, and every of you, forthwith to convey the said A. B. to the aforesaid House of Correction, and him there deliver to the Keeper of the same, (together with this Precept.) Commanding also you the said Keeper, [...]o receive him into the said House, and him there detain by the space of Any time not exceeding a month. days next after such your receipt of him. Hereof fail not at your perils. Given under my hand a [...]d seal the, &c.
Note, The Iustice may (if he think fit) not send the Offender to the House of Correction, but [Page 368] may make a Warrant to the Constable, &c. to whip him, which may be made with the same recitals as in the last precedent Warrant, till you come to these words, These are therefore, &c. And then say thus.
These are therefore (in His Majestie's name) to charge and command you to whip the said A. B. for the said Offence. Hereof fail not, &c.
Note, This is onely for the first Offence.
Now for the second Offence, thus.
A Mittimus to the House of Correction for the second like Offence.
Kent ss. WHereas, &c. As in the former [...]5 Car. 2. [...]p. 2. [...] Iustice. Warrant, till you come to these words, And whereas it then appeared, &c. Instead of which you go on thus, And forasmuch as the said A. B. was once before convict of the said Offence, and was thereof so convicted as before: These are therefore (in His Majestie's name) to charge and command you, the said Constable and Borsholders, to convey the said A. B. to the aforesaid House of Correction, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding [Page 369] also you, the said Keeper, to receive him into the said House, and there keep him one month to hard labour. Hereof fail not at your perils. Given under my hand and seal the, &c.
An Order against the Buyer of stoln Wood, &c. to pay treble the value thereof.
Kent ss. FOrasmuch as upon examination15 Car. 2. cap. 2. 1 Iustice. by me this day, (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber-trees:) it appeared unto me, That A. B. of, &c. did within six days last past buy Any Burthens of Wood, or any Poles, or sticks of Wood, Underwood, young Trees, Bark or Bast of any Trees, Gates, Stiles, Posts, Pales, Railes, Hedge-wood, Broom, or Furze. of E. F. (being a person justly suspected to have unlawfully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of, &c. and was of the value of, &c. of lawfull money of England:) I do therefore (according to the said Act) award that the said A. B. shall pay to the said C. D. &c. of lawfull money of England, (being the treble value of the Note: (a) aforesaid Given under my hand and seal the, &c.
A Warrant to distrain for non-payment of the Money according to the foregoing Order.
K. ss. WHereas lately by examination by me taken (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or 15 Car. 2. c [...]p. 2. 1 Iustice. stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber-trees:) it appeareth unto me, That A. B. of, &c. did (within, &c. days last past) buy Note: (a) as before of E. F. being a person justly suspected to have unlawfully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of, &c. and was of the value of, &c. of lawfull money of England: I did therefore (according to the said Act) award that the said A. B. should pay to the said C. D. &c. of lawfull money of England, (being the treble value of the Note: (a) as aforesaid And forasmuch as the said A. B. hath not paid to the said C. D. the aforesaid, &c. (according to my said award:) These are therefore (in His Majestie's name) to charge and command you to levy the [...]aid, &c. by Distress and Sale of the Goods of the said A. B. (rendring to him the over-plus) and after you have so levied the said, &c. forthwith to pay the same to the said C. D. Hereof fail not at your perils. Given under my ha [...]d and seal the, &c.
A Mittimus against the Buyer of stoln Wood, &c. for want of Distress.
Kent ss. WHereas lately, &c. (as in 15 Car. 2. cap. 2. 1 Iustice. the last before mentioned Warrant, till you come to the words [Hereof fail not, &c.] then go on thus.) And forasmuch as you the said Constable have returned unto me, That in default of such Distress you cannot levy the aforesaid summ of, &c. These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, to attach the said A. B. and him safely convey to His Majestie's Gaol aforesaid, at his own charge, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you the said Keeper, to receive him into the said Gaol, and him there safely keep one month without Bail. Hereof fail not at your perils. Given under my hand and seal the, &c.
Woollen.
A Certificate for burying in Woollen.
K. ss. A. B. of the Parish of C. in the30 Car. 2. County of D. Gent. maketh Oath, that E. F. of the Parish of G. in the County of H. Gent. lately deceased was not put in, wrapt or wound up, or buried in any Shirt, Shift, Sheet or Shroud made or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or other then what is made of Sheeps Wool onely, nor in any Coffin lined or faced with any Cloath, Stuff, or any other thing whatsoever made or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or any other material but Sheeps Wool onely. Dated the 2. day of Iuly in the one and thirtieth year of the Reign o [...] our Sovereign Lord Charles the Second, &c. Annoque Dom. 1679.
I H. B. Esq (one of the King's Majestie's Justices of the Peace for the County of D.) do hereby certify, That the day and year abovesaid the said A. B. came before me, and made such Affidavit as is above specified, according to the late Act of Parliament, (intituled▪ An Act for burying in Woollen.) Witness my hand the day and year first above written.
Or this.
I P. S. Esq (one of His Majestie's Justices of the Peace for this County) do hereby certify, That A. B. came before me this present second day of Iune 1679. and made Oath, that C. D. deceased was not put in, wrapt or wound up, or buried in any Shift, Shirt, Sheet, or Shroud made or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or other then what is made of Sheeps Wool onely, or in any Coffin lined or faced with any Cloath, Stuff, or any other thing whatsoever made or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or any other material but Sheeps Wool onely.
Sealed and signed by us Witnesses that were present, and did hear this Oath made.
The Minister's Certificate for being buried in Woollen.
I A. B. Rectour of the Parish Church of C. 30 Car. 2. in the County aforesaid, do hereby certify, That the day and year abovesaid the said C. D. came before me and made such Affidavit as is above specified, according to a late Act of Parliament, (intituled, An additional Act for burying in Woollen.) Witness my hand the day and year first above written.
A Minister's Certificate of not bringing an Affidavit of a Corp's being buried in Woollen.
I Humbly certify, That C. D. was lately buried13 Car. 2. in the Parish aforesaid, viz. on the
As by the Register Book kept for the same Parish doth appear; And further, That (according to the Act of Parliam [...] in this behalf) I did forthwith after the [...] [...] the [...] C D. cause notice [...]o be given [...] my hand to the Churchwarden [Page 375] of the said Parish to bring unto me the said A. B. an Affidavit concerning the burial in Woollen of the said C. D. (according to the direction and appointment of the said Act) And I further certify, That by the space of eight days next after the said Interment of the said C. D. no Affidavit hath been brought to me the said Rectour concerning the burial of the said C. D. in Woollen, as by the said Act is required. Witness my hand this 10. day of May in the year of our Lord. 1 [...]81.
A Warrant for levying the 5 li. for not burying in Woollen according to the Act.
K. ss. FOrasmuch as it appeareth unto me30 Car. 2. by the Certificate of A. B. Minister, officiating in your said Parish, to you the Church-wardens and Overfeers of the Poor of the same Parish, That the Corps of the Person of C. D. deceased (but not of the Plague) was buried in Linnen (contrary to the Act hereafter mentioned) on Monday the second day of Iune, and that such an Affidavit and Certificate concerning the Parties being interred according to the direction of a late Act of Parliament (intituled, An Act for burying in Woollen) was not brought to him within the time limited by the said Act; And forasmuch as by reason thereof, the forfeiture and penalty of five pounds of lawfull money of England is incurred, and the Goods and Chattels of the deceased by the said Act made liable to the aforesaid forfeiture, to be levied by way of Distress and Sale thereof, by Warrant of the chief [Page 376] Magistrate in any Town-corporate, or any Justice of the Peace, or in default thereof, by like Distress and Sale o [...] the Goods of the Person in whose house the said Party died, or of any that had a hand in putting such Person in any Shirt, Shift, Sheet, Shroud, or Coffin, contrary to the said Act, or did order or dispose the doing thereof; and in case such Person were a Servant, and that he or she died in the family of his or her Master or Mistress, that the same be levied upon the Goods and Chattels of his or her said Master or Mistress; and if such Person died in the family of his or her Father or Mother, that then the same be levied upon the Goods and Chattels of his or her Father or Mother, in manner and by Warrant as aforesaid: These are therefore (in His Majestie's name, and by the Authority of the said Act of Parliament) to will and require you, or some of you, to levy the said forfeiture by distress and sale of the Goods and Chattels of the said deceased, or in default thereof, of the Goods and Chattels of such other Parties as aforesaid, rendring the overplus thereof to the Parties whose Goods you shall so distrain, (all reasonable charges being deducted.) And for your so doing, this (by the Authority of the said Act) shall be your Warrant. Given under my hand and seal the 10. day of Iune in the 31. year of the Reign of our Sovereign Lord Charles the Second, (by the grace of God) of England, Scotland, France and Ireland King, Defender of the Faith, &c. Annoque Dom. 1679.
To the Church-wardens and Overseers of the Poor of the Parish of, &c.
Additional Presidents to the former.
The form of the Record that is returned of the Alehouses that are licensed.
K. ss. MEmorandum, Quod vicesimo tertio die Februarii Anno Regni Domini nostri Caroli secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defens. vicesimo septimo apud W. in Com. K. praed. R. K. & G. P. Armig. duobus Iusticiariis dicti Domini Reg. ad pacem in Com. praed. conservand. assignat. & quilibet▪person. infra nominat. Victuall. in person. praesent. tunc & ibidem per nos dict. Iusticiar. Licenc. ad vendend. panem & Cervisiam in Conditione infra scrip. recognoverunt se debere dicto Dom. Regi seperal. summas decem librar▪ bonae & legalis monetae Angliae, & quilibet personarum infra nominat. & manucapt. pro praedict. person. licenc. & in person. praesent. tunc & ibidem recogn. se debere dicto Dom Regi summ. quinque librar. & pro praed. person. Licenc. & non in pers. praesent. in decem libr. consimilis monetae Angl. de Bonis & Catallis, Terris & Tenementis suis & cujuslibet eorum ad opus & usum dicti Dom. Regis haered. & successor. suorum fieri & leva [...]i si defecerint in conditione sequorum.
THE Condition of these Recognizances are such, That whereas the above and within named Justices have licensed and allowed all and every the Alehouse-keepers and Victuallers whose names are under and within written, to sell Ale and Beer in the Town and Houses where they now inhabit and dwell for the space of one whole year next ensuing the date hereof and no longer. If therefore they and every of them shall during their time of keeping Alehouses sell good wholsome Ale and Beer a full Ale-quart of their best for one Penny, and of their smallest second sort two full Ale-quarts for a Penny, nor shall suffer any disorder or unlawfull Games to be used in or about their Houses or Grounds, nor lodge any Strangers above one day and one night without giving notice thereof to the Constable or his Deputy, nor dress nor cause to be dressed in or about their Houses any manner of Flesh to be eaten or sould at any time prohibited by Law. Nor receive into their Houses any manner of Persons suspected or defamed of or for Theft, Murther, Drunkenness or Incontinency, nor shall buy nor take to pawn any stoln Goods, nor shall suffer any to be taken to pawn, nor shall suffer any Persons to be drinking in their Houses on the Lord's day nor Holy days during Divine Service, nor after nine of the Clock at night, nor at any other time than the Statute doth permit. And if they the said Alehouse-keepers, and every of them, shall likewise keep good Rule and Order in their several Houses, and doe and perform all other things according to the Laws and Statutes of this Realm in that case made and provided. Then these Recognizances [Page 379] to be void and of none effect, or else to remain and be in full force and virtue.
Hundred de, &c. Hundred de H. W. B. Victualler, debere in decem librar. T. K. de R. 6. li. & I. de eadem manit. 6 li. Write at the bottom of all, Capt. & Recogn. coram nobis. R. K. W. P. E. H. At the same time when the Licences are granted the Overseers Books are passed, and you write in their Books at the foot of the Accompt. If money due to the old Overseers, you say, Due to be paid from the new to the old Overseers 10 00 &c. 11 April 1670. seen and allowed by us R. K. W. P. If money due to the new Overseers, you say, Remaining in the old Overseers hands to be paid to the new ones 10 00 00 11 April seen and allowed by us R. K. W. P. At the bottom of every Overseers Warrant put what is due from the one to the other.
Overseer's Warrant.
WE whose names are hereunto subscribed Justices of the Peace for this County of K. do approve and appoint I. S. and T. D. of, &c. to be new Overseers for the Poor of the said Parish for the space of one whole year next ensuing the date hereof, commanding them, together with the Church-wardens, to provide for the said Poor (according to the form of the Statute in that case made and provided.) Given under our hands and seals, &c. Anno Regni Regis, &c. Anno Domini 1670.
Remaining in the old Overseers hands to be paid to the new ones 10 00 00
The Return made by one Justice of Peace when he swears another.
A. M. miles infra script. praestitit seperalia infra mentionat. juramento quinto die Decembr. Anno Domini 1681. virtute brevis infra script. mihi direct. dat. Anno & die supradict. A Seal to the side.
The Examination of a Felon himself.
K. ss. THE said I. C. being charged by E. M. of the Parish of D. Victualler, That he the said I. C. lately came into the Dwelling-house of him the said E. M. situate in the said Parish of D. and did then and there feloniously take and steale out of the said House one silver Cup of the Goods and Chattels of the said E. M. to the value of forty shillings. He the said I. C. upon his Examination before me the said 25. day of Iuly doth confess that he stole the said silver Cup from out the House of the said E. M. and sold it to one M. B. in the City of London, Goldsmith, for 24 s. and 6 pence.
The Information of the Witness when no Confession.
Kent ss. THE said A. B. being this day examined upon Oath before me, saith, That, &c.
And further deposeth not.
A Mittimus for Whores.
K. ss. WHereas the Persons hereunder named are of Evil same, and are accused for resorting to Houses, reputed Houses of common Bawdery: These are therefore (in His Majestie's name) to charge and command you, That presently upon sight hereof you receive and take them into your Custody, and them safe to keep untill they shall be thence discharged by due course of Law. Hereof fail you not. Given under my hand and seal this, &c.
Law-Cases relating to the foregoing Subject.
IF the Warrant be to bring before him, orCo [...]. Rep. 5. fol. 59. any other Justice, it is at the election of the Officer, to which Justice he will go.
A Warrant may be made to bring before aFoster's cas. Ibid. Cok. Rep. 9. fol. 119. b. In Lord Samhur's case. 2. Brown. 41. Legate's case. particular Justice.
Justices not imprison, but in the Common Gaol.
One Justice of the Peace connot commitIenkins 174. canother Justice for breach of the Peace.
Sessions of the Peace may.
If a Justice pursue not the Statute, thereIones 170. Cole's case. his Act is void: But if he pursue it, then neither B. R. nor Justices of the Peace can discharge him.
Apprentice.
Must be bound out by Indenture.
Master cannot send Apprentice beyond the Sea (except go with him:) But may send him to any place in England.
Action of account is not maintainable against an Apprentice.
By custom of London a man may turn over his Apprentice to any other within the City.
Action lies by Master for inticing an Apprentice [Page 384] to depart from his Service, so if inticeRichmond. to take money, or play.
Bastard-child.
If the two next Justices make not provisionIones 330. for Bastard, the Sessions must settle it, as the two Justices ought to have done.
Sessions cannot originally make order toStyle 475. Denton. keep Bastard, but it ought to be made by the two next Justices to the place where the Child was born.
Maintenance of Bastard by Mother and reputedIenkin. 47. pl. 90. Father is by these modern Laws of 18 Eliz. cap. 3. and 7 Iac. cap. 6. the former Laws were onely for punishment.
Not questioned for having one Bastard.2. Bulstrode 398. Then she had another, she is not to be proceeded against by 7 Iac. (as for a second Offence.)
The two next Justices are not to commit2. Bulstrode 342. Thekins and Smith. 2. Bulstrode 393. Bowler's case. 2. Bulstrode 341. 2. Bulstrode 341. Twyning. Noy 79. Iermin. for not obeying their Order, but to take bond for their appearance at Sessions.
Neither Sessions nor Assizes can meddle touching Bastardy, but upon Appeal: (otherwise the two Justices must order.)
If two Justices make an Order, if Party refuse to perform, or enter into bond to appear at the next Sessions, they may commit him without Bail.
If (by practice and design) a Child be born in a Parish, the Parish where the practice was, shall keep the Child.
Bound to pay 20 d. per week for keeping a Bastard, Defendant cannot plead that there was no Order made.
Behaviour.
Justice cannot bind to Good behaviour uponStyle 16. Bronker's case. Moore 606. numb. 837. 3. Croke 680. Dean's case. 3. Croke 78. Latch. 5. a general information, or commit him for not finding Sureties upon such information.
May break house upon warrant for the Good behaviour.
If Justice (for want of Sureties for Good behaviour) commit (without good cause) false imprisonment.
To say of a Major, he is a Fool, breach of Good behaviour.
So to threaten Witnesses.
Conventicles.
These are against the Statute of 16 Car. 2. Vide the Statute.
House of Correction.
If delivered of a Child in the House of Correction,2. Bulstrode 358. the Child must be sent to the Parish, from which the Mother was sent.
A Rogue must not be sent to the House of2. Bulstrode 358. Correction, but whipped, and sent to the place where last setled (if known) else to the place of birth. But the House of Correction is for the Poor of the Parish that refuse to work.
Deer.
Heir shall have them in the Park, and notOwen 20. Greg. 2. Leonard 222. Executor.
Waste cannot be assigned for killing Deer, except he kill them all.
Drunkenness.
If twice drunk, and convicted, bound toIenkins 173. Godbold 514. Rolle 409. Tayler. Good behaviour.
Drunkard may be punished in Ecclesiastical Court, or by justice of Peace.
Being a Drunkard, cause to remove a Magistrate.
Gaol.
Every County hath two Gaols, one for Debt,Latch. 16. which may be in any house where the Sheriff will. The other is for the Peace, and matters of the Crown, which is the County Gaol.
Gaoler shall be answerable for Escapes, andCok. Rep. 9. fol. 96. b. in Reynes. 3. Cr. 815. if not sufficient, respondet superior.
If Gaol broken by Thieves, Gaoler is chargeable, (otherwise if by Enemies.)
High-way.
If inclose part of the High-way, must maintain it (though the Parish did it before.)
To stop one way (which was foul) and lay out another (without publick Authority) not justifiable.
Cannot lay Logs in the High-way, though there is sufficient room for Passengers beside it.
Style 130. Moore 180. Cok. Rep. 9. fol. 33. a. William's case. Justice may upon his view present want of repair of High-way, and before the Fine can be taken off, the presented must certify the Amendment.
Action for stopping or incroaching upon High-way, not maintainable without particular damage, for the usual way is by Indictment.
[Page 387]If to repair the High-way, ratione tenurae, itKeilway 53 a. pl. 4. need not be prescribed, but ratione residentiae must.
Indictment in High-way ad nocumentum prope inhabitantium (naught) it should have beenRolle 406. The King and Hornsey. omnium ibidem transeuntium.
Huy and Cry.
Statutes of 13 Edw. 1. and 27 Eliz. are concerning it.
The Party robbed ought to give convenientNoy 155. notice so soon as he can.
Though know the Robber, yet shall haveMarch 10. pl. 18. Action against the Hundred, by 13 Edw. 1.
The Party robbed is not bound to lend his Horse to pursue the Thief, nor is he bound to goe and pursue the Thief presently.
Robbery after day-break, and before Sunrising2. Crooke 106. (Hundred must answer,) so that after Sun-set, and before it is dark.
Oath of a Robbery before a Justice of the1. Crooke 211. County, though taken out of the County, good.
Poor.
Assessment for them ought to be made accordingIenk. 327. pl. 49. to the visible Estates of the Inhabitants there (both real and personal.) But not for any Estate they have elsewhere. The Occupiers of the Lands (and not the Landlords) are to be taxed.
The Grand-mother (being of ability) hadStyle 283. a poor Grand-child reliev'd by the Parish, who marrieth; her Husband is liable towards keeping the Child, for that his Wife was of ability when he married her: otherwise if she had [Page 388] not been of ability. And the Sessions must order what he shall contribute towards the charge.
Peace.
1000 li. bond may be required for theStyle 322. Peace, (as the case may stand) viz. if the Person be dangerous.
If he which is bound to the Peace break hisStyle 369. Recognizance, he may be indicted for it, for it is a new Offence.
Bound to the Peace upon malice, or forStyle 364. vexation, may be discharged by the King's Bench.
Justice may take money to lie in deposito for1. Croke 446. security of the Peace, and if break the Peace, the money to be forfeited to the King.
Two Justices (though neither of the Quorum) 2. Leonard 184. pl. 223. may inquire of unlawfull Assemblies, though they cannot determine the same.
Rogue.
Is not to be sent to the House of Correction,2. Bulstrode 358. but to be whipped, and sent where last settled (if known,) otherwise to the place of his birth. But the House of Correction is properly for those that will not work.
If Inhabitants of the County goe withIenkins 318. Wares to sell at Houses in that County, they are Rogues.
Riot.
Fine upon Riotors cannot be less than 10 li. Style 303. for the principal, and four marks a-piece for the rest.
[Page 389]Information against two Justices for not inquiringStyle 245. of a Riot, found against one of them (good.)
Stage-players may be indicted for Riot, andRolle 109. unlawfull Assemblies.
Souldiers.
If Souldiers prest to serve the King, depart2. Anderson 151. out of the service, it is Felony by 7 Hen. 7. 3 Hen. 8. and 2 Edw. 6.
The Captain is he who is to command,1. Croke 71. Hutton 134. and the Conducter is he who is hired to guide the Souldiers in the way to their Captain, and departing from him is Felony.
Justices of the Peace may try the Offence at their Sessions, and so may Justices of Oyer and Terminer.
THE TABLE.
- A Licence to keep an Alehouse Page. 1
- Another Page. 2
- A Licence to Brew, and keep an Alehouse Page. 3
- A Recognizance thereupon, with Condition Page. ibid.
- Another Recognizance for an Alehouse-keeper, and Condition Page. 4 & 5
- A Warrant against an Inn-keeper, Alehousekeeper, &c. suffering to tipple Page. 5
- —to levy money for tippling Page. 6
- A Mittimus (for an Alehouse-keeper suffering to tipple [...] fo [...] [...] of Distress Page. 7
- For an unlicensed Alehouse Page. 9
- The like upon the Statute 3 Car. the first Conviction Page. 10
- The like for the second Conviction Page. 11
- [Page 391]—for the third Conviction Page. 12
- A Warrant for Witnesses against an unlicensed Alehouse-keeper. Page. 13
- —for suppression of an Alehouse for disorder Page. 14
- —for renewing Licences of Alehousekeepers Page. ibid.
- —against an Alehouse-keeper for selling less than measure Page. 15
- A Mittimus for selling less than measure for want of Distress Page. 16
- A Warrant for suppressing an Alehouse after suppression at the Quarter-sessions Page. 18
- A Licence to keep an Alehouse, with Articles Page. 19
- The form of a Record that is returned of the Alehouses that are licensed and conditioned, &c. Page. 377
- A Warrant to put out poor Children Apprentices Page. 22
- An Indenture for an Apprentice so put out Page. 23
- A Warrant against them which refuse to take Apprentices Page. 25
- —against a Master for abusing his Apprentice Page. 26
- A Warrant against a disorderly Apprentice Page. ibid.
- A Discharge of an Apprentice Page. 27
- A Warrant against one that departeth out of Service before his time expired Page. ibid.
- Law-Cases thereon Page. 383
- [Page 392]Recognizances for Bail Page. 28
- A Condition to prefer a Bill and give Evidence Page. 29
- A Condition to give Evidence Page. 30
- A Warrant for the apprehending and conveying the Woman to the House of Correction Page. 32
- A Mittimus of the Mother of a Bastard-child to the House of Correction Page. 33
- A Warrant against the Mother (for the second Offence) to commit to the House of Correction, and find Sureties of Good behaviour Page. 34
- —to convene the Mother and reputed Father Page. ibid.
- —against the reputed Father of a Bastardchild Page. 36
- An Order for Relief of the Parish touching a Bastard-child, and for punishing the Mother and reputed Father Page. 37
- A Warrant to be written under the Order aforesaid for giving notice thereof to the Mother and reputed Father Page. 40
- —for the punishment of the Mother and reputed Father of a Bastard-child Page. ibid.
- —and Mittimus against the reputed Father for not obeying the Justices Order Page. 43
- An Order for relief of the Parish in case of a [Page 393] Bastard-child out of the Estate of the reputed Father Page. 45
- A Warrant for punishment of the reputed Father of a Bastard-child for not keeping the Child and obeying the Order Page. 46
- —for sending a Bastard-child (found wandring) to the Place of its birth Page. 48
- —for apprehending a Woman on suspicion of having murthered her Bastard-child Page. 49
- A Condition of a Recognizance for the appearance of the reputed Father of a Bastardchild Page. 50
- —of a Recognizance of one charged to be the Father of a Bastard-child before its birth, to appear at Sessions Page. ibid.
- —to discharge Church-wardens and Parishioners of a Child born in the Parish Page. 51
- Law-Cases thereon Page. 384
- A Warrant and Mittimus for Good behaviour Page. 52
- Causes for Good behaviour Page. 53
- Another Warrant for Good behaviour Page. 54
- A Mittimus to the Gaol for one that refuses to find Sureties for his Good behaviour Page. 55
- A Supersedeas for the Good behaviour Page. 56
- A Recognizance thereupon Page. 57
- A Condition of a Recognizance for the same Page. ibid.
- Another Condition Page. 58
- —Condition Page. ibid.
- Law-Cases thereon Page. 385
- [Page 394]A Warrant to a Hundred for assessing a proportionable rate of a Tax (appointed by the Body of the County) towards repair of the County Bridges Page. 59
- —to make a Tax for County Bridges repaired Page. 61
- —to collect a Tax for repairing County Bridges Page. 62
- —for not paying the same Page. 63
Burying see Title Woollen.
- A Warrant to provide Carriages Page. 64
- Another Warrant for provision of Carriages for the King's use Page. 65
- —to levy the Penalty for not appearing with Carriages for the King upon notice Page. 66
- A Mittimus for one that doth impress or take away any Cart or other thing from the Owner under pretence of power from the Green-cloath, for carriage of His Majestie's Provisions, without lawfull Authority Page. 67
- A Certificate from the Minister and chief Inhabitants of the Parish of a man's Honesty Page. 68
- [Page 395]—for continuing of an Alehouse-keeper Page. 69
- —for the time of the Birth of a Child Page. ibid.
- —for one that hath not been touched of the Evil Page. 70
- A Mittimus for disturbing a Collector Page. ibid.
- A Warrant for not coming to Church Page. 71
- —to levy the forfeiture for not coming to Church Page. 72
- A Mittimus to the Gaol of one not repairing to Church (for want of Distress) Page. 73
- A Warrant to distrain for a Church-Tax Page. 74
- —a Minister for not reading Prayers, &c. once in a month Page. 75
- A Mittimus for Preaching whilst disabled Page. 76
- A Warrant upon complaint touching Coals Page. 77
- —for delivery a moity of such Coals as are sold contrary to the Statute to the Informer Page. ibid.
- —touching Prices of Coals Page. 78
- [Page 396]A Warrant for making of Constables Page. 79
- Another Page. ibid.
- A Warrant for a Tax for the Constables Charges in the execution of his Office Page. 80
- —to appear and shew cause for their not paying the said Charges Page. 81
- —for refusing to appear to shew cause for not paying the said Charges Page. 82
- —to levy the Charges upon their refusing to pay the same Page. 83
- The Condition of a Recognizance to appear and answer the not paying the same at next Sessions Page. 84
- A Warrant for levying 3 s. 4 d. upon a Constable for neglect of his Duty in giving an account of Rogues and Vagabonds Page. ibid.
- —to sell the Goods of an Offender that refuseth to bear his own Charges to the Gaol Page. 85
- —to make a Tax for conveying a Felon to the Gaol Page. 87
- A Condition of a Recognizance in case of an Appeal made touching Conventicles Page. 87
- A Record of a Conventicle Page. 89
- —concerning Conventicles where several Persons are convicted Page. 90
- —of the Conviction of certain Persons taken at a Conventicle Page. 92
- Memorial of a Record of a Conventicle Page. 95
- [Page 397]A Mittimus thereupon upon the first Offence Page. 97
- —upon the second Offence Page. 98
- —upon the third Conviction Page. 99
- A Record against one that suffereth a Conventicle, &c. to be kept in his House Page. 101
- A Mittimus thereupon upon the first Conviction Page. 102
- —thereupon upon the second Conviction Page. 103
- —thereupon upon the third Conviction Page. 104
- A Warrant to levy the Penalty of the Statute upon the Teacher of a Conventicle Page. 105
- —Pro testes to prove the Conventicle Page. 106
- —to levy the money upon the Offenders Page. 108
- —to levy the money upon the Offenders Page. 109
- —to levy money upon a Gaoler, &c. for suffering one committed (upon this Act) to goe at large Page. 114
- The like for suffering one at large to joyn with the Offender in custody in the exercise of Religion Page. 115
- A Warrant against a Peer of the Realm for being at a Conventicle, the first Conviction Page. 116
- —upon the second Conviction Page. 117
- —against a Peer for suffering a Conventicle, &c. to be kept in his House, &c. the first Conviction Page. ibid.
- —upon the second Conviction Page. 118
- A Mittimus for a Nonconformist, &c. Page. 119
- A Certificate to the Militia, &c. for aid in case of a Conventicle Page. 120
- [Page 398]—made by a Justice where the Offenders live in a Corporation Page. 121
- —for the taking the Oath according to the said Act Page. 122
- Law-Cases thereon Page. 385
- A Certificate upon taking the Oaths and subscribing the Declarations mentioned in the
- Act for regulating Corporations Page. 123
- A Precept directed to the Bayliff of the Mannour by the Steward of the Court-Baron to warn the Court Page. 124
- —to warn a Jury for a Court-Leet Page. 125
- —for a Borsholder, or other Officer, to take upon him the said Office, and to repaire to a Justice of Peace to take his Oath for his faithfull execution of the same Page. 126
- —to bring in a Scold to be tryed at a Court-Leet Page. 127
- The manner of making up of Court-Rolls Page. 128
- The manner of making up of Estreats Page. 136
- A Warrant against those who abuse an Officer of the Customs, in the due execution of his Office Page. 140
- [Page 399]—against carrying away Goods without paying Custom, &c. Page. 141
- A Mittimus upon the precedent Warrant for the first Offence Page. 142
- —upon the second like Offence Page. 143
- A Warrant for Deer-stealing Page. 144
- —to levy 20 li. for stealing Deer Page. 145
- A Mittimus to the House of Correction for want of Distress Page. 146
- Another Mittimus to the Gaol for want of Distress Page. 147
- A Warrant for a Buck Page. 148
- Law-Cases thereon Page. 385
- A Warrant for Drunkenness the first Conviction Page. 148
- —the second Conviction Page. 149
- Law-cases thereon Page. 386
- A Certificate upon taking the Oath about Excise Page. 151
- A Warrant to summon those who refuse to pay the Excise Page. 152
- —for Distress on Alehouse-keepers for not paying Excise Page. 153
- A Mittimus where not sufficient to pay Excise Page. 154
- [Page 400]A Warrant to levy the forfeiture for not making a due Entry Page. 155
- —to levy the double value of the Excise on a Brewer for not paying according to Entry made Page. 156
- Loss of allowance for making false Entries Page. 157
- A Warrant upon complaint of false Entry to appear Page. 158
- —not sufferage to gage the Vessels Page. ibid.
- —against one that procureth a false Return to be made in the Office of Excise Page. 160
- A Mittimus to the Gaol for want of Distress Page. 161
- A Warrant (against several Persons) to distrain for the duties of Excise, &c. Page. 162
- A Warrant to apprehend a Felon Page. 165
- A Mittimus of a Felon Page. ibid.
- Another Page. 166
- A Warrant to search for a Felon on suspicion Page. 167
- —for apprehending of one that hath dangerously hurt another Page. 168
- A Liberate to deliver a Prisoner committed for Felony Page. 169
- A Warrant to bind Persons to give in evidence against a Felon Page. 170
- Another Page. ibid.
- A Condition of a Recognizance to prefer a Bill and give evidence against Principals and Accessary in case of Felony Page. 171
- —of a Recognizance where two Felonies are committed to give evidence Page. 172
- [Page 401]A Condition to give evidence for Felony Page. 173
- —of a Recognizance to appear upon Felony Page. ibid.
- —to appear upon suspicion of Felony Page. 174
- A Bond Page. ibid.
- A Condition to save one harmless who was bound for the appearance of a Person suspected for Felony Page. 175
- A Condition for Felony or suspicion of Felony Page. 30
- The Examination of a Felon himself Page. 381
- A Testimonial from Justices of the Peace for poor men that have had loss by fire Page. 176
- A charitable Request made by certain Justices of the Peace to the Inhabitants of a Division for relief of F. S. who had been there lately ruined by fire Page. 178
- A Warrant to return a Jury to inquire of a Forceable Entry Page. 179
- A Record of Forceable Entry Page. 180
- A Warrant to the Sheriff for Restitution Page. 182
- A Mittimus upon view of Forceable Detainour Page. 183
- [Page 402]A Warrant to search for and seize Foreign Manufactures prohibited, &c. Page. 184
- Law-Cases Page. 386
- A Warrant to levy 5 li. on the Inhabitants of a Parish for not choosing Surveyours of the High-ways Page. 185
- —to distrain for High-way Tax Page. 186
- —for not sending in Teams to work in the High-ways Page. 187
- —against those that refuse or neglect to work in the High-ways Page. 188
- —to impower the Surveyours to dig Gravel, &c. upon Wasts or Commons out of the Parish Page. 189
- —to appoint what shall be paid by the Surveyours for digging Gravel, &c. in any man's Ground Page. 190
- —against Surveyours for not accounting Page. 191
- —against Surveyours who have not paid the moneys in their hands to the next Surveyours Page. 192
- Law-Cases thereon Page. 386
- [Page 403]A Warrant and Directions for general privy Search Page. 193
- A Mittimus of a Rogue thither, taken in the general Search Page. 197
- —of an idle Person out of Service, &c. Page. 198
- —to the House of Correction of an idle Person, that would run away, and will not work to maintain his Family Page. 199
- A Liberate from thence Page. 200
- Law-Cases thereon Page. 385
- The Examination of a Person robbed on the High-way praying an Huy and Cry Page. 201
- Another Page. 202
- The Examination of a Person robbed on the High-way by three Persons, one of which he knew Page. 203
- A Huy and Cry upon the escape of a Prisoner from the Constable Page. 204
- A Warrant for a Huy and Cry after a Felon Page. 205
- —to search for a Person (who hath committed a Robbery) and for Goods stoln Page. 206
- Law-Cases thereon Page. 387
- [Page 404]A Warrant from one of the Judges, a Member of an Inns of Court, against one of that Society, for refusing to observe the Order of the House Page. 208
- A Warrant to seize certain Cattel imported from foreign Parts into England Page. 210
- —to deliver to the Owners certain Cattel seised, as forfeited for being imported from foreign Parts, upon proof that they were not so imported Page. 211
- —to kill the said Cattel Page. 212
- —to levy 40 s. upon the seisour or Churchwardens that shall fail in killing or making distribution as aforesaid Page. 213
- A Warrant for observing of Lent Page. 214
- A Licence for a Badger of Corn Page. 215
- A Licence for a petty Chapman Page. 216
- A Licence or Pasport for a poor man to his Friends for relief Page. 217
- Another Page. 218
- A Licence to beg Page. ibid.
- [Page 405]—to travel by Water on the Lord's day Page. 219
- Another Page. 220
- A Licence to travel on the Lord's day Page. 221
- A general Warrant for the same retornable before a particular Justice Page. 221
- Another Page. 222
- The like retornable before any Justice, and the Accuser to have notice Page. ibid.
- A Condition of a Recognizance for misdemeanour Page. 223
- A Condition of a Recognizance to prefer a Bill of Indictment to give evidence at the next general Gaol-delivery, alias Assizes, to both Juries in case of Murther Page. 224
- —of a Recognizance to prefer a Bill and give evidence at Assizes Page. 225
- A Condition-recognizance to prefer a Bill of Indictment and to give evidence to both Juries at the next general Gaol-delivery, alias Assizes in case of an Abbettor in Murther Page. ibid.
- A Warrant to search for Nets and Settingdogs upon the Statute of 7 Iacobi Page. 226
- [Page 406]The like upon the Statute of 22 and 23 Caroli Secundi Page. 227
- A Mittimus against Persons that refuse to enter into Recognizance to appear at Sessions for their keeping Ferrets and Nets to kill Conies Page. 229
- A Warrant for one that hunts with Spaniels in Eared-corn Page. 230
- The Oath which is usually ministred to a Justice of the Peace in the several Counties of England Page. 231
- The Oath of Supremacy Page. 232
- The Oath of Allegiance Page. 233
- A Mittimus for refusing the Oath of Allegiance Page. 235
- The Oath of Abjuration Page. ibid.
- The Oath of an Excise man Page. 236
- The Under-sheriffs Oath touching the impannelling of Juries Page. ibid.
- The Oath of a Bailiff Page. 237
- The Oath usually given to Church-wardens Page. 238
- Another Page. ibid.
- The Oath of Obedience Canonical Page. ibid.
- The High-constables Oath Page. 239
- The Oath taken by the Officers of the Marshals Court Page. 241
- The Oath of a Constable Page. 242
- —of an Ale-caster Page. 243
- —of a Commissioner of Sewers Page. 244
- —of a Searcher in the Custom-house Page. 245
- The Oath given to a Jury before Evidence given in against a Prisoner at the Bar Page. 245
- [Page 407]—given to a Bailiff or Serjeant that attendeth on any Jury or Inquest at an Assize Page. 246
- —of him that craves the Peace against another Page. ibid.
- Another Page. 247
- Another Oath to give a man upon examination or upon information Page. ibid.
- The Oath of him who gives information Page. ibid.
- Another Page. 248
- The Oath to be given to any Jury by whom a Nisi prius is to be tryed Page. ibid.
- —to be given to such as are to give evidence between a Party and party at a Nisi prius Page. ibid.
- —of a great Inquest Page. 249
- —of those that give evidence upon Bills of Indictment Page. ibid.
- The nomination of Officers by Justices of the Peace Page. 250
- A Warrant against Robbers of Orchards Page. 251
- —upon non-payment to be whipt Page. 252
Overseers see Title Poor.
- A Warrant to find Sureties for the Peace Page. 253
- [Page 408]—to find Sureties for the Peace where an Assault is made upon an Officer in discharge of his Office Page. 255
- A Supersedeas of a Warrant for the Peace Page. 257
- A Mittimus for breaking the Peace Page. 258
- A Release of the Peace Page. ibid.
- The Condition of a Recognizance to appear at Sessions and keep the Peace Page. 259
- Law-Cases thereon Page. 388
- A Pass or Certificate in the time of Plague Page. 260
- A Warrant for the Overseers of the Poor to account and name other fit Persons Page. 261
- —for the making new Overseers of the Poor Page. 262
- —to make Overseers of the Poor, impowring them and the Church-wardens to collect the Poors Tax, and upon non-payment to destrain Page. ibid.
- A Confirmation of the Rates for the Poor Page. 263
- A Warrant to levy the Arrears (due to the Parish) from the former Overseers Account, by Distress Page. 264
- —against an Overseer of the Poor for not keeping of monthly Meetings Page. 265
- —to destrain for the Poors Tax Page. 266
- A Mittimus where there is not sufficient to destrain Page. 267
- A Warrant for removing one come to a Parish Page. 268
- [Page 409]—to send a Wife and Child to her Husband in the Parish from whence they came Page. 269
- —for apprehending one for returning to the Parish from whence he was removed Page. 270
- —against those who come to work and return not at the end of their work Page. 271
- A Mittimus to the House of Correction of one that refuseth to be removed after his work finished Page. 272
- A Warrant and Mittimus for one who▪ runs away, and leaves his Family upon the Parish Page. 273
- A Mittimus on the foregoing Warrant Page. 274
- A Warrant to the Overseers of the Poor to pay Arrears, and continue weekly relief to poor Persons Page. ibid.
- —to levy Relief for the Poor Page. 275
- A Bond and Condition to the Church-wardens and Overseers of the Poor to save a Town harmless upon inhabiting there Page. 276
- A Release (from the Overseers of the Poor) to one that paid five pounds to be freed from keeping a Bastard-child Page. 277
- The manner of se [...]ling and making up the Overseers Accompts in their Books Page. 370
- Overseers Warrant Page. 380
- Law-Cases thereon Page. 387
- A Warrant to allow a poor Prisoner relief Page. 279
- A Discharge of a Prisoner to a Gaoler Page. ibid.
- Another Page. 280
- A Warrant for a Prisoner to be bailed Page. ibid.
- [Page 410]A Warrant from a Judge to bring a Prisoner from a Gaol to give evidence Page. 281
- A Mittimus of Quakers Page. 282
- A Warrant concerning Rape Page. 283
- A Warrant to appoint Rates for Hay, Oats, &c. upon His Majestie's passing through any Place Page. 284
- —for levying the Penalty forfeited for not observing the Rates aforesaid Page. 285
- Directions thereupon Page. 286
- A Condition for the Peace Page. ibid.
- The manner of entring the note of Recognizances in your book of Recognizances Page. 287
- Directions for drawing Conditions of Recognizances Page. 288
- A single Recognizance taken before Justices of the Peace Page. 289
- Another single Recognizance Page. 290
- A Recognizance to prefer an Indictment, or to prefer a Bill, and give evidence Page. ibid.
- [Page 411]—for two to give evidence Page. 291
- —to give in evidence against a Prisoner Page. ibid.
- —for the Good behaviour Page. 292
- Another Page. 293
- A Recognizance to give in evidence against one that is suspected of Felony Page. ibid.
- A Recognizance for keeping of a Tavern Page. 294
- —for one that is bayle for a Boy that lay under a Bed in the night Page. 295
- —for Bastardy where two are Manucapters for the man in custody Page. 296
- —for a married Woman upon rescue Page. ibid.
- —for one that hath hurt another, and on the Warrant of Behaviour Page. 297
- —for the Peace Page. 298
- —for Felony Page. 299
- A Release of a Recognizance written under the Recognizance thus, by the same Iustice or by some other, &c. Page. ibid.
- The Parties Release of the Peace Page. 300
- A Precept to the Sheriffs to return a Jury to enquire upon a Riot, Rout or unlawfull Assembly Page. 301
- The like Precept in Latine Page. 302
- A Warrant for certain riotous Persons Page. 303
- Law-Cases thereon Page. 399
- [Page 412]A Warrant for apprehending and committing a dangerous Rogue Page. 304
- A Mittimus of a dangerous Rogue Page. 305
- Law-Cases thereon Page. 388
- A Certificate for receiving the Sacrament and Oath Page. 306
- —for receiving the Sacrament according to the Act Page. 307
- A Testimonial upon the receiving the Sacrament according to the Act Page. 308
- A Declaration to be subscribed according to the Act Page. ibid.
- A Warrant for Scavengers to distrain Page. 309
- A Warrant to search for stoln Goods Page. 310
- —to make general search for Rogues, Vagabonds, &c Page. 311
- [Page 413]A Warrant for sending a Servant to his Service to serve the time agreed to prevent charge on the Parish Page. 311
- A Mittimus against one that returneth into a Parish after he was removed Page. 312
- A Warrant to levy 40 s. on the Master for putting away his Servant before the end of his Term Page. 313
- —for not paying wages Page. 314
- —for relief of a Man-servant that is out of service Page. 315
- A Warrant against one that departeth out of service before his time expired Page. 316
- —to fetch back a Servant Page. ibid.
- A Discharge of a Servant from his service within the time agreed, upon his absenting himself Page. 317
- A Testimonial for the discharge of a Servant Page. 318
- An Order for the payment of moneys to a Silk-Throster by his Workman who imbezils his Silk Page. 319
- A Warrant against an Offender for not performing the Order beforementioned Page. 320
- A Warrant to warn in a Muster at a certain day Page. 321
- [Page 414]A Certificate for a Trained-souldier Page. 322
- A Warrant to order an Allowance to a poor Souldier out of the Stock for maimed Souldiers Page. ibid.
- The like for Allowance to Wife or Orphan Page. 323
- Law-cases thereon Page. 389
- A Warrant to pay 1 s. for swearing in the presence of a Justice of the Peace Page. 324
- —to levy moneys for prophane swearing Page. 325
- A Certificate of Conviction for swearing Page. 326
- A Warrant to the Assessors to make a Tax upon an Act of Parliament for Royal Aid Page. 326
- The Preamble of the Tax-book Page. 328
- A Warrant to the Collectors of the Tax upon the Royal Aid Page. 329
- A Warrant to levy 5 li. upon the Collectors for neglecting to collect their Assessment Page. 332
- A Testimonial for conveying a Rogue who hath been punished Page. 333
- A Testimonial for one that hath suffered shipwreck Page. 334
- [Page 415]A Deputation for Tile-searchers Page. 335
- A Warrant upon Hedge-breaking, &c. where the Party's not able Page. 336
- A Warrant or Order to pay where he is able Page. 337
- —to whip where not paid according to Order Page. 338
- —from the Justices at a Quarter-sessions for apprehending one indicted for a Trespass Page. 339
- A Warrant for apprehending Beggers and other idle Persons Page. 341
- A Testimonial or Pass for him to the Place of his birth Page. 342
- The like where the Place of his birth is not known Page. ibid.
- The like where neither the Place of his birth nor last abode is known Page. 343
- The like where the Vagrant is apprehended in a general privy search Page. 344
- A Warrant to pay 2 s. for apprehending a Vagrant Page. ibid.
- Upon non-payment of the same Page. 345
- A Certificate of apprehending a Vagrant in the Confines of another County Page. 346
- [Page 416]A Warrant to pay two shillings thereupon Page. 347
- —upon non-payment of the same Page. ibid.
- An Affidavit to be made before a Warrant granted for destreining for 40 s. forfeited for drawing with six Horses in length in a Team, Cart or Waggon Page. 349
- A Warrant to destrain upon such as travel with a Waggon or Cart drawn with six Horses at length Page. 350
- A Warrant to the High-constable for putting in Execution the Statute of 13 Car. 2. (reciting the Statute) and for keeping good Watches (upon His Majestie's going to Oxford) Page. 351
- Another Warrant upon the same Statute Page. 354
- A Warrant for Watch and Ward, and to apprehend idle Persons Page. 355
- —by order of Quarter-sessions to set Watch and Ward Page. 356
- A Warrant to warn in all Tradesmen and others to have their Weights and Measures examined by the Standard Page. 358
- The Clerk of the Markets Warrant thereupon Page. 359
- [Page 417]A Mittimus for Whores Page. 382
- A Warrant for Witnesses touching Felony Page. 360
- —for a Witness to appear and give evidence at the Sessions Page. 361
- The Information of a Witness when no Confession Page. 382
- A Warrant against one that stole Wood Page. 362
- A general Warrant to search for stoln Wood Page. 363
- A Warrant to search for stoln Wood, &c. upon a particular complaint Page. 364
- An Order against a Person apprehended with Bundles of Wood, &c. to make satisfaction for the same to the Owner the first Offence Page. 365
- A Warrant for not obeying that Order Page. 366
- A Mittimus to the House of Correction for the second like Offence Page. 368
- An Order against the buyer of stoln Wood, &c. to pay treble the value thereof Page. 369
- A Warrant to distrain for non-payment of the money according to the foregoing Order Page. 370
- A Mittimus against the buyer of stoln Wood, &c. for want of Distress Page. 371
- [Page 418]A Certificate for burying in Woollen Page. 372
- Another Page. 373
- The Minister's Certificate for burying in Wollen Page. 374
- A Minister's Certificate of not bringing an Affidavit of a Corp's being buried in Wollen Page. ibid.
- A Warrant to levy 5 li. for not burying in Wollen according to the Act Page. 375
- The Return made by one Justice of Peace when he swears another Page. 380
ADVERTISEMENT.
The Parson's Monitor, consisting of such Cases and Matters as principally concern the Clergy. Collected from the Statute and Common Laws; as also the Constitutions and Canons Ecclesiastical: Confirmed 1o Jac. Anno Dom. 1603. Together with the Articles of Religion, Authority of the Convocation, Privilege of Churches and Church-yards, Payment of First-fruits and Tenths: In whose Name and Style Ecclesiastical Courts are to be kept, and the Process issuing out of the same are to run in, and with what Seal to be sealed. With several other Matters (never before Extant) very material and necessary to be known by the Clergy in general, and all persons concerned either as Patron o [...] Incumbent. By G. Meriton, Gent.
Newly printed for R. Tonson. 1681.