| Chap. 124.
1 H. 7. 7.
27 H. 8. 14. |
Surety for the Good Behaviour.
3. Also against common Whore-mungers, and common
Whores; for
(by good opinion) Avoutry or Bawdery is an offence temporal, as well
as spiritual, and is against the peace of the Land. |
293 |
13 H. 7. 10.
Br. Trav.
432. |
Upon Information given to a Constable, that a Man
and a Woman be in
Adultery or Fornication together (or that a Man and a Woman of evil
Report, are gone to a suspected House together in the night) the Officer
may take Company with him; and if he find them so, he may carry them
to prison; or he may carry them before a Justice of Peace to find Sureties
for the Good Behaviour. |
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4. Also against Night-walkers that be suspected
to be Pilferers, or
otherwise like to disturb the Peace, or that be persons of evil Behaviour,
or of evil Fame or Report generally, or that shall keep company with
any such, or with any other suspicious person in the night, 13 H. 7.
10 &
13 E. 1. Winch. cap. 4. |
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Against such as by night shall Evesdrop Mens Houses. |
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Against Night-walkers, that shall cast Mens Gates
or Carts, &c. into
Ponds, &c. or shall commit other like misdemeanours or outrages in
the
night time. |
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5. Against suspected persons who live idly,
and yet fare well, or are well
apparelled, having nothing whereon to live; (except upon examination,
they shall give a good account of such their living.) |
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6. Against common haunters of Ale-houses or
Taverns and common
Gamsters; but more especially if they have not whereon to live. |
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7. Against common Drunkards; and yet by the
Stat. 4 Jac. 5. such Offenders
must be thereof lawfully convicted: sc. by presentment of
the Offences
at the Assizes, Quarter-Sessions of the Peace, or in the Court Leet,
and there upon a due proceeding to conviction, by the verdict of another
Jury; or by the confession of the Offender in Court. |
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But now by the Stat. 21 Jac. c. 7. any one
Justice of Peace (or any head
Officer in any City, &c.) hath power to convict any person of Drunkenness,
&c. See hic antea, tit. Ale-houses. |
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And for the second offence of Drunkenness, any one
Justice of Peace
may, (upon his view, confession of the party, or proof of one witness
upon oath) as it seemeth, bind such Offender to the Good Behaviour,
21 Jac. cap. 7. |
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8. Against all such as ask to go on message
of Thieves, see Stat. 18 E. 2.
P. L. 1. |
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For all these former Offenders and the like, are
evil Members in the
Commonwealth, and such their demeanor and living is greatly to be suspected,
(and besides, do seem to be more properly said against the peace of
the Land, than Avoutry in the case before, 1 H. 7. 7.) and
therefore it seemeth
reasonable, just and expedient, that the Justices of Peace (upon their
discretion) should convent such persons before them, and examine them
and their courses of life; and if they cannot yield a good reason and account
of such their courses, then to bind them to their Good Behaviour. |
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Also the Good Behaviour seemeth grantable, against
such as shall make
false Out-cries, or shall raise Hue-and-cries without cause; for
these are
disturbances of the peace, Cromp. 179. |
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If one Man do levy Hue-and-cry upon another
without cause, either of
them may be attached (and bound over) as disturbers of the peace, P.
R.
156. 29 E. 3. Fitz. Trespass 252. tamen quære,
concerning him upon whom
the Hue-and-cry is levied: Except that he be either a Man of evil
Fame,
or that there be some Felony committed, &c. |
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Also it seemeth grantable against Cheaters and Couseners. |
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