| 178 |
Prison.
' or Deed, any fond phantastical or false Prophecy, upon, or by occasion
' of any Arms, Fields, Beasts, Badges, or things accustomed in Arms, Cognizances,
' or Signets; or by reason of any time, year, day, name, bloodshed,
' or war, to make any rebellion or disturbance in the Realm, and other
the
' Queens Dominions; he shall be imprisoned for a year without Bail, and
' forfeit 10 l. And for the second offence be imprisoned for
life, and forfeit
' all his Goods. A moiety to the King, the other to the Prosecutor. |
Chap. 78. |
| §. 2. |
' Justices of Peace have authority to hear and determine
these offences,
' so as the party be accused within six months. |
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| §. 3. |
It seemeth to the general words of the Statute,
that every Justice of
Peace may imprison (by the space of one year, without Bail) such as advisedly
shall publish any false Prophecies (contrary to the tenor of the Statute,
5 Eliz. 15.) to the intent thereby to make any rebellion, Insurrection,
or other disturbances within the Kings Dominions. ' But Quære
hereof,
' for they are so enabled as Justices of Assize are, which is in their
Courts,
' and imprisonment is to insue conviction; which, as it seemeth, must be
' in the Sessions at a Court.
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P. Just. 24.
P. Prop. 1. |
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CHAP. LXXVIII. V. 43.
Prison.
ANy Justice of Peace, having sent or committed to
the Gaol an Offender
(for any offence or misdemeanour) if the Offender (having
means or ability thereto) shall refuse to bear and defray the charges of
such as shall convey and guard him or them to such Gaol, or shall not at
the
time of their commitment, pay or bear the same, Then the said Justice may
give his Warrant under his Hand and Seal (to the Constable of the Hundred
or Constable of the Town) where such Offender shall be dwelling,
or from whence he shall be committed, or Where the said Offender shall
have any Goods within that County or Liberty, to sell so much of the
Offenders Goods, as by the discretion of the said Justice will satisfie
such
charges, &c. the appraisement to be made by four Inhabitants of the
Parish
where such Goods be (yielding to the party the overplus of the Money:)
And where the Offender hath no such Goods, then the charge thereof
must
be born by the Town where the Offender was taken, and the taxation
made on the Town for that purpose, must be allowed under the Hand of
one Justice of Peace; and by like Warrant from such Justice, the Goods
of the person refusing to pay such taxation, may be distrained and sold
by
the Constable and Churchwardens by appraisement made by four Inhabitants,
rendring the overplus. |
3 Jac. 10.
P. 7, 8. |
§. 2.
Arrest.
Fees. |
' The next Justice of Peace, or the Quarter Sessions,
may adjudge what
' is fitting to be taken for each Nights lodging, or other expences, by
any
' Under-Sheriff, Bailiff, Sergeant, or other Officer that hath any person
in
' his custody, by virtue of any Process or Warrant, while he is under Arrest,
' and before he is carried to prison. 22 & 23 Car. 2. |
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' Three Justices of Peace, whereof one to be of
the Quorum, may settle
' what Fees any person shall pay for their commitment, discharge, and
' Chamber-rent. 22 & 23 Car. 2. |
|
§. 3.
Charity. |
' All Justices of Peace shall use their endeavour
and diligence to examine
' and find out all Legacies and Gifts for the benefit of poor Prisoners
' for Debt, and to send for Deeds, Wills, Writings, and Books of Accompt, |
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