| Chap. 168. |
Recognizance.
shall remain in prison until they have made Fine and Ransom, according
to the Justices discretion, 9 H. 5. 8. Parl. 2. Quære
whether this Statute be
now in force. |
437 |
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Witches. Conjurers, Sorcerers, and
such others, which shall take upon
them to hurt any persons in body, though it be not effected: |
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2. Or shall take upon them to tell any Treasure
or Goods, (lost or stollen)
where it may be found: |
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1 Jac. 21.
P. Conj. 2.
4 P. & M.
c. 8. |
3. Or shall take upon them to provoke any
person to Love:
4. Or shall hurt any Cattel or Goods thereby:
Every such Offender, being of any the said Offences
lawfully convicted,
shall have one whole years Imprisonment without bail. |
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P. Women
7. |
Women. Taking of Women (unmarried,
and under the age of 16 years)
out of the possession of their Parents, or other person having lawfully
the
keeping, &c. of them, and against their wills, the Offender being thereof
convict, shall be two years imprisoned without bail, &c. |
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P. Women.
8. |
2. Taking away and deflowring such Maid or
Woman Child, as aforesaid: |
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3. Contracting of Marriage with such a Maid,
against the will of, or
unknown of, or to the Father of such a Maid, (if he be living) or
against the will, &c. of the Mother, having the custody and governance
of such Child: |
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The Offenders in these two last cases, being thereof
lawfully convicted,
shall have five years Imprisonment without bail, &c. |
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See more concerning Women, antea Recusants. |
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' There be divers other Statutes made since the
publication of the
' Author, which take away bail, but they being abridged in the first
' part of this Book under their proper Titles, I forbear to repeat
' them.
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Recognizance. CHAP. CLXVIII.
V. 116.
A Recognizance is a Bond of Record, testifying the
Recognizor to
owe a certain Sum of Mony to some other; and the acknowledging
of the same is to remain of Record; and none can take it but only a
Judge or Officer of Record. |
§. 1. |
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And these Recognizances, in some cases, the Justices
of Peace are inabled
to take, by the express words of certain Statutes: but in other cases
(as for the peace and good behaviour, and the like) it is rather in congruity,
than by any express Authority given them, either by their Commission
or by Statute. |
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Crom. 197.
See Fitz.
82.
Co. 11.
52. 2. |
Note, wheresoever any Statute giveth them power
to take a Bond of
any Man, or to bind over any Man to appear at the Assizes or Sessions,
&c.
or to take Sureties for any matter or cause. they may take a Recognizance.
Yea, wheresoever they have Authority given them to cause a Man to do
a thing, there it seemeth they have (in congruity) power given them to
bind the party by Recognizance to do it. And if the party shall refuse
to be bound, that then the Justice may send him to the Gaol; for it
is a Rule in Law, Concesso uno aliquo, etiam id concedi videtur sine
quo
prius concessum haberi nequit. But yet inquire of this last Case,
for there
is also another Rule, In generali concessione non veniunt ea, que, quia
non
esset verisimiliter in specio concessurus. |
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