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Rogues.
If two Justices of Peace, and the Sheriff, shall
go to see a Riot, yet any
other two Justices of the County may make the Inquiry, and then they
all together, or the first two; or the last two (with the Sheriff or Under-Sheriff)
may make Certificate thereof within the month after that Inquisition
taken. |
Chap. 83. |
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Where there be several Certificates made, or that
the Certificate and
the Inquiry do disagree, then that shall be preferred which is best for
the
King. |
Lam. 320.
Cromp. 63. |
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If there shall be twenty Parties to a Riot, and
the Jury shall find but
ten of them guilty, yet the Justices may certifie that twenty committed
that Riot, and this Certificate shall stand good. |
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Also it seemeth, if any thing material happen to
be omitted, or left out
of the Inquisition, yet it may be supplied by this Certificate, and it
shall
stand good. |
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If after the Inquiry, and before the Certificate
made, the Sheriff shall
die, or one of the Justices be put out of the Commission, no Certificate
can then be made, by the opinion of Mr. Marrow. |
Lam. 320. |
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For the Form of such Certificate. See hic
postea. |
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§. 29.
Commission. |
Upon the default of the two next Justices, Sheriff,
or Under-Sheriff for
not executing the said Statute of 13 H. 4. 7. the party grieved
may have
Commission out of the Chancery, to inquire as well of the Riot,
as of the
default of the said Justices of Peace, and Sheriff, or Under-Sheriff. |
2 H. 5. 1.
P. 6. |
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Also the Lord Chancellor of England, as soon
as he shall have notice of
such a Riot, shall send the Kings Writ to the Justices and Sheriff, commanding
them to execute the said Statute of 13 H. 4. |
2. H. 5. 1.
P. 9. |
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And although that such Writ come not to the said
Justices, Sheriff, or
Under-Sheriff, yet they shall not be excused of the penalty of 100 l.
aforesaid,
if they make not execution of the said Statute. ibid. |
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§. 30.
Capias. |
Also, if any Assemblies of People in great number,
in manner of Insurrection,
or other Rebellious Riots, shall be done and committed, and that
such offenders shall withdraw themselves, to the intent to avoid the Execution
of the Law, then upon Certificate by two Justices of Peace, and
the Sheriff of that County, by Letters under their Seals to the Lord Chancellor
of England, of the same Riot, and that the common voice and same
thereof runneth in the said County, the Lord Chancellor may make a Capias
to the said Sheriff; for the apprehending of such offenders; and after,
if need be, a Writ of Proclamation, That he said offenders yield
themselves in the Kings Bench, at a certain day, upon pain to be
convict
thereof. |
2 H. 5. c. 3.
8 H. 6. c.
14.
Rast. 374. |
§. 31.
Benefits of
the Laws. |
' Note, That for Riots in Cities or Corporations
which are armed with
' power of Government within themselves, the Franchises may be seised,
or
' the Corporation fined, as it hapned in the case of the Riot where Dr.
Lamb
was slain; the City of London upon an information in the Kings
Bench,
was fined 1000 marks. Pasch. 8 Car.
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CHAP. LXXXIII. V. 47.
Rogues and Vagabonds.
THe benefit of this Law, and of the former Law, made
for the setting
to work, and relief of the Poor, are both of them worthy of the
care of the Justices of Peace, and of their best indeavours, for the due
execution thereof; for by them |
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1. Idleness is very much repressed:
Idleness, which of it self is the root
of all evil. |
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