| 238 |
Tythes.
Also it seemeth, that for the second fault, and every
other offence whereof
such Offender shall be after convicted in form aforesaid, such Offender
shall
be whipped as aforesaid, without any satisfaction to be taken.
Ibid. |
Chap. 102. |
§. 2.
Officers
neglect. |
If any Constable or inferior Officer do refuse,
or do not, at the commandment
of the Justice (by himself, or some other by him to be appointed)
execute upon the Offender the punishment aforesaid, the said Justice of
Peace may commit such Constable, &c. to the common Gaol, there to remain
without Bail until the said Offender be by the said Constable, or by
some other by his procurement whipped, as aforesaid. |
P. 2. |
|
But no Justice of Peace shall execute this Statute
for any of the offences
aforesaid done unto himself, unless he associated and assisted with
one or
more other Justices of Peace who the offence doth not concern. |
P. 3. |
|
It seemeth, that any one Justice of Peace (not being
the party grieved)
may send such Offenders for their second fault, &c. to the House of
Correction,
as idle and disorderly persons, there to be detained, &c. at the discretion
of the said Justice of Peace; and this by force of the Statute 7 Jac.
4.
Especially, of they be common Offenders in this kind; or may bind them
to their
Good Behaviour, and so over to the next Quarter Sessions, and by
order from
thence, to be sent to the House of Correction, there to be continued some
convenient
time. |
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But for the gleaning and leaving of the Harvest,
&c. God commandeth,
that it be left for the Poor, the Fatherless, the Widow, and the Stranger,
Levit. 19.9, & 23 Deut, 22.24. And it were worthy the
consideration of he
Justices to take some course that such only might have the benefit
of gleaning,
and not Fermors and Tradesmen, that in many places in Harvest time set
their
Servants to that employment, which is no better than to rob the
Poor of what
properly belongs to them. |
|
| §. 3. |
If any shall by night or day unlawfully break,
cut down, cut out or destroy
any Head or Dam of any Pond, Pool, Mote, Stagne, Slew or several Pit,
wherein Fish are or shall be put, or shall fish therein without authority,
and
convicted thereof at the Suit of the King or party grieved, shall be imprisoned
three months, and pay the party treble damages; and after the three
months be bound to the Good Behaviour for seven years with sufficient Sureties,
or else continue in Prison for seven years without Bail. For the
recovery
herein, see tit. Hunting. |
5 El. 21. |
| §. 4. |
No person without his own Guns shall stay, take
or cause to be taken by
means of any craft or engine any Herons, unless by Hawking or with Long-bow
upon pain to forfeit for every Heron 6 s. 8 d. For the Conviction,
see
tit. Hunting. See postea tit. Wood. |
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|
And by one Act made 22 & 23 Car. 2. Beer
may be transported paying
12 d. per Tun only, which Act is by 29 Car. 2. touching the
Additional Excise
continued until the end of the first Session of the next Parliament.
|
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§. 1. |
CHAP. CII. V. 58.
Tythes,
TWo Justices of the Peace (the one being of the Quorum
upon complaint
by any competent Judge of Tythes, for any misdemeanor of
the Defendant in a Suit of Tythes (or for other duties of the Church) may
cause him to be attached and committed to Ward, there to remain without
Bail until he find sufficient Sureties (unto the said Justices) by recognizance
to the King's use, to obey the Process and Sentence of that Judge. |
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