| Chap. 68. |
Partridge.
' the place where the offender dwells, and he shall find cause of suspicion.
' That any Justice of Peace of that County, &c. or to whom complaint
' shall be made, shall require him to take Oath; and if the party refuse,
' the party authorised to give the Oath may commit the party refusing to
' prison without Bail, until next Sessions or Assizes, where the Oath shall
' be again tendred him, the party refusing shall incur a Præmunire,
except
' Femes Covert, who shall be committed until they take the Oath. |
141 |
|
' See also the Statutes f 1 El. 5 El.
1. 3. Jac. 4 & 5. What persons ought
' to take the Oaths of Supremacy and Obedience, and before whom.
El. hic,
' Tit. Recusants. |
|
|
Two such Justices, &c. may take the Oaths of
the Under-Sheriffs, and
their Officers, &c. See the title Sheriffs.
Swearing profanely. See more Chap. 55. |
§. 4. |
13 & 14.
Car. 2.
cap. 1. |
' No Person may maintain, That the taking of an
Oath in any case whatsoever
' (though before a Lawful Magistrate) is unlawful, and contrary
' to the Word of God; nor may wilfully refuse to take an Oath, by the
' Laws of the Land being duly tendred, nor may perswade any other to
' refuse and forbear the taking the same so rendred; nor go about by Printing,
' Writing, or otherwise, to maintain, That the taking of an Oath in any
' Case whatsoever, is unlawful; upon the Penalties in the said Act, as
upon
' Quakers. For which, see Quakers.
|
§. 5. |
11 H. 7. 17. |
CHAP. LXVIII. V. 37.
Partridges.
IF any person (shall out of his own Warren, and
upon the Frehold of
another, without the Consent and Licence of the Owner or Possessor)
take Feasants or Partridge by Nets, Snares, or other Engines, he
shall forfeit 10 l. A moiety to the Prosecutor, and the other moiety
to
the Owner or Possessor. And the Justices of Peace have Authority
to
hear and determine it, as well by Inquisition as by Information and
Proof. |
§. 1.
With Nets. |
23 El. 10.
P. Feasants
a.
P. Just 38. |
Every Justice of Peace (by the Statute of 23 Eliz.)
may examine all
Offenders, for the destroying or taking of Partridges or Feasants in the
night-time; and for Hawking or Hunting with Spaniels, in any Eared or
Codded-corn; and may bind by Recognizance the Offenders with good
Sureties to appear at the next General Sessions of the Peace to answer
their
said offences, &c. Which Justices in Sessions have power thereby
to hear and
determine the same: The Forfeiture for a Feasant is 20 s.
and for a Partridge
10 s. And if not paid within ten days after conviction, then
to have
one months imprisonment without Bail. The one moiety of the
Forfeitures
to the Lord of the Liberty, the other moiety to the Prosecutor by Action,
&c. But if the Lord of the Liberty shall License, dispense with,
or procure
such taking; the whole Forfeiture shall go to the Poor, to be recovered
by one
Church-warden, &c. |
§. 2.
In the night.
Forfeits. |
| |
But now by the Statute made 1 Jac. 27. &
7. Jac. 11. the offences of
destroying, &c. of Partridges and Feasants (generally) is referred
to two
Justices of Peace, to examine, hear, and determine out of Sessions.
Vide
hic infra. |
|
23 Plo. 10.
p. ibid. |
Also after the conviction of any such offender (according
to the Statute
of 23 Eliz.) for taking and destroying any Partridges or Feasants
in
the night time, any one Justice of Peace of that County, may bind such, |
§. 3. |
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