| Chap. 174. |
Precedents of Warrants.
your said Town, Butcher: These are therefore to will and require
you,
and in his Majesties name to charge and command you and either of you,
that presently upon the receit hereof you attach the body of the said T.
S.
and thereupon bring him before me, (or some other of his Majesties
Justices
of the Peace for this County) to find sufficient Sureties, as well for
his appearance at the next general Sessions of the peace to be holden for
this County, as also for his good behaviour towards his Majesty and all
his liege people in the mean time. And hereof fail you not, as you
will
answer the contrary at your peril. Dated, &c.
|
465 |
Bulstr.
part 2.
p. 341. |
An Order for a Bastard-Child.
' IF the Justices make an Order, from which the reputed
Father appeals,
' and give Security to abide the Order of Sessions, at Sessions another
' Order is made for refusing to obey, by which they commit him; this is
' illegal, for they ought to prosecute him on his Security. Hammonds
Case,
' M. 3 Car. |
|
Ib. p. 342,
343. |
' And an Appeal being made to Sessions from the
first Order, the Sessions
' ought to confirm or quash the first Order; and if the Sessions repeal
' the first Order, they may refer it back again to the Justices; but if
they
' neither quash nor affirm it, they cannot refer it back. Smiths
Case. And
' if the Justices at Sessions repeal the first Order, then it is res
integra, and
' the Recognizance ought to be in the disjunctive, to perform the Order,
' or to appear at Sessions; and for not obeying the Order one Justice of
' Peace may commit, and but one of the two next Justices disavow the
' Order. Quære what is to be done. |
|
| Ib. p. 348. |
' One hath a Bastard, and is not punished for it
by 7 Jac. 4. and she
' hath another Bastard, she shall not be punished for this last as for
a second
' Offence by 7 Jac. 4. unless she had been punished for the first.
Jones
' Justice at Salop, Lent 7 Car. |
|
| Ib. p. 349. |
' A Servant Maid is begot with Child at T. but
by an Artifice she is
' conveyed to a Hovil of one of the Parish of T. upon the Confines
of
' that Parish, but in truth within another Parish, where a Child is born,
' Jones Justice of Assize declared, that in case such practice be
proved,
' the Child shall not be kept by the Parish where it was born, but where
' she was got with Child. |
|
| Ib. p. 350. |
' One B. a Servant Maid was begot with Child
by one R. at D. and the
' Child born there; B. takes it from the Mother, and puts it to
nurse,
' and marries another Woman, and keeps the Child with him 10 or 11
' years together, and died, leaving a Wife and divers Children, which
' she was not able to maintain, but they were relieved by the Parish.
The
' Mother of the Bastard for the most part lived in Service, and had 3 l.
per
' ann. left her by her Friends, but was not in her own hands:
she was still
' able to do some work, but was a Woman of weak understanding. Jones
' and Whitlock at Salop Lent Assizes 7 Car. resolved,
that the Child is to
' be sent to the Mother, if she be able to maintain it, if not, to the
place
' where it was setled 10 years with the Father.
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|
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' The Order of Sir I. M. Knight, and M. D. Esquire,
two of the Justices of
' Peace of the County of G. made for the relief
of the Parish of W. in the
' said County, for the keeping of B. a Bastard-Child
begotten by T. S. of,
' &c. on the body of K. I. &c.
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|
' IN primus, upon the Examination of the
said K. duly by us taken, we
' do find that the said T. S. be charged to have had divers times
bodily |
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S s
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