From ‘The Country Justice’

Michael Dalton

First Published 1618

Copied by R.Towner

Pg 124   Cap 47                                    Rogues

6.All wandring persons and common Labourers, being able in body using loitering, and refusing to work for reasonable wages, not having living otherwise then by labour to maintaine themselves, are Rogues:  And yet be such persons as be of any parish, and have able bodies to work, and be no wanderers abroad out of the Parish, though they refuse to work at such wages as is taxed or commonly given in those parts, are not to be sent to their place of birth or last dwelling, &c. but to the house of correction  See tit. Poore

7. Poore persons appointed to aske releefe in the Parish where they dwell, by the Overseers thereof, if they shall begge in any other sort then is so appointed them; or shall beg by the High-ways, though in their own Parish.  See 39. El.cap.3 & Lamb.427

     And yet such persons are not to be sent to their place of birth or out of the towne, except it be to the house of correction.

      So it seemeth of all other poore persons begging in the Parish where they dwell (without the appointment of the Overseers) they are to be sent to the house of correction, quære tamen.

8. All persons wandring and pretending themselves to be Ægyptians, or wandring in the habit and forme of Ægyptians, not being Felons.

9. Souldiers or mariners that shall beg (except as before hic cap.40 & hic postea) or shall counterfeit any Certificate from their Generall, Governour, Captain, Lieutenant, Marshall, Deputie, or Admirall, shall be adjudged as common Rogues and shall have the like punishment.  But Souldiers and Mariners in divers like cases shall incurre the danger of Felonie.  See the title Felones by Statute.

10. Poore diseased or impotent persons, travelling to the Bathes for ease of their griefes, (and being licensed) yet if they beg; Or if such person be not licensed by two Justices; Or shall not return home again, according as they be limited by their said licence; Or shall not be provided as necessary releefe &c. for their travell: They shall be punished as Rogues.

11. A Rogue that has been punished according to this Statute, and hath a Testimoniall, if through his or her default they doe not accomplish the order appointed by the said Testimoniall, then they are to be whipped again as Rogues, and so as often as any default shall be found in them, &c.

12. A Rogue, &c. that shall goe without a generall passport, fc. which is not directed from Parish to Parish, is still to continue a Rogue, and may be punished by whipping again.

      So also may such a Rogue, as shall carie his own passport without a guide: For by the letter of the Statute, they are to be sent, fc. conveyed from Parish to Parish by the officers of every the same.

13. Servants departing out of service, (fc. forth of one city, towne, or parish to another, or out of one Hundred or Countie, to serve in another) without a testimoniall, &c. or which shall be taken with any counterfeit or forged testimoniall, shall be whipped as vagabonds.

14. Persons infected, or dwelling or being in any house infected with

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the plague; that contrary to the commandment of any officer, shall wilfully go abroad and converse in company, shall be punished as vagabonds.

15. So all persons being able to labour, and thereby to releeve themslve, and their families, that shall run away, or threaten to run away and leave their charge to the Parish, &c.21 Jac.cap.28.

   But such offenders last mentioned are to be dealt with by two Justices of Peace; fc.  All such persons so running away, shall be taken to be incorrigible Rogues, and shall endure the paines of incorrigible Rogues, fc. they shall be sent (by two Justices of  Peace) to the house of Correction, or to the Gaole, there to remaine until the next Quarter Sessions, and then he or she shall be branded in the left shoulder with an hot iron, &c. And from the Sessions shall be sent to the place of their last dwelling, &c. 1.Jac. cap.7.

   And all such persons threatening to runne away (the same being proved by two sufficient witnesses upon oath, before two Justices of Peace of that division) shall be by the said Justices sent to the house of correction (unless such person can be put in sufficient sureties for the discharge of the parish) there to be detained and dealt withal as a sturdie and wandring Rogue; and from thence delivered at he Quarter sessions; or at the meeting of the Justices in that division, made for a generall privie search for the apprehending of Rogues, according to this Statute of 7.Jac.cap.4. And are not otherwise to be delivered out of the house of correction.

    But upon such their delivery, they are not to be sent to the place of their Birth (as wandring  Rogues) but to the place of their dwelling, if they have any; if not, then to the place where they last dwelt by the space of a year; &c.

   And so of persons infected, &c. with the Plague, and punished as vagabonds as aforesaid.

   No childe under the age of seven yeeres, shall be adjudged a Rogue (within the Statute of 39.Eliz.4.)  But it seemeth, such children being vagrant, must be sent to, and placed with the father, or husband of the wife: and if he be dead, with the mother, (where she was borne, or last dwelt by the space of one yeere.)  And such children once thus fetched or placed, must here remaine, and not sent from thence to their place of birth, though after the parents die, or run away, or that the said children grow above the age of seven yeeres, yea, and though the said children after begge and prove vagrant in that towne, for there they must be set to labour.  See Refol.4.9,10.

   Children above the age of seven yeeres, going abroad vagrant, or begging in the country, shall be punished as Rogues and sent to their place of birth, &c.

    The wife, being a vagrant Rogue, must be sent to her husband, though he be but a servant in another towne.

     If the husband or wife have a house, (though as an Inmate) and either of them Rogue about, they are to be sent to the towne where that house is.

Pg 378   Cap 124                                    Conditions

• That none be licenced or allowed to keep an Alehouse that hath not one convenient lodging at least in his or her houses, for the lodging of any passenger or traveller, and to have always in her or their houses good and wholesome small beer or ale, of two quarts for a pennie, for the reliefe of the Labourer, Traveller, or others that call for the same.
• That the Justices of peace within their severall Precincts, doe nor permit or suffer any unlicensed Alehouse-keeper, or victualler, to sell beer or ale, but that they proceed against them by all due and lawfull means whatsoever; and that they be very carefull, from time to time, to cause the Brewers to be proceeded against in their generall and quarter Sessions, for delivering Beere, or Ale, to such unlicensed persons, according to the stat[ute] in that case provided.
• That the Clerks of the Peace, or town-clerks respectively, do once every yeare in Trinitie Terme, make and bring a Briefe of all such Recognisances as shall be taken within every County, City or Town corporate, into the office of the Patentees, (appointed by them for that purpose) to the end of all concealments of Recog. taken in that behalfe may be discovered; and the benefit accruing unto his Majestie, by such as wilfully break the same, may be more duely prosecuted: of which, that his Highness be not defrauded, order is given to the Patentees, that with the allowance of the chiefe Justice of the Kings Bench, there be appointed Committees in every Countie , for the Recoverie thereof from time to time.
• That the Justices of Assise in their Circuits, and Justices of Peace at their generall Sessions of the peace, doe from time to time enquire of the due executions of these presents, and of all other abuses, disorders, and misdemeanors whatsoever, committed, or suffered, against the provisions aforesaid, and the true meaning of them.

A License to keepe an Alehouse Cap.124

John Cotton Knight, and Michael Dalton Esquire, two Justices of the Peace of our Soveraigne Lord the Kings majestie, in his Highnesse Countie of C. send greetings in our Lord God everlasting.  Know ye, that we the said Justices, of good and credible report to us made, by divers credible and honest persons, &c. that I.W. of, &c. is a man meet to keep a common Alehouse in the house where he now dwelleth, have licenced, allowed, and admitted, and by these presents doe licence, allow, and admit the said I.W. to keep a common Alehouse or tipling house at L. for one whole year next ensuing the date hereof, so that the said I.W. suffer not any unlawful games to be used in his said house, nor any evill rule or order to be kept within the same, during the time of his said Licence: for the using of such Licence accordingly, we do you to wit, that we have bound the said I.W. in x.li. and two other sufficient sureties, in an hundred shillings apiece by Recognisance to the Kings Majesties use.  In witnesse whereof, we have hereunto set our hands and seales. Dated, &c.

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Or Thus

I.C. and M.D.two Justices of the Peace of our Soveraigne Lord, &c. To all Bailiffes, Constables , and other of the Kings Majesties officers, greetings:  know ye, that we the said Justices have licenced, and by these presents doe licence I.W. of &c. to keep a common Alehouse in L. aforesaid, for one whole year next ensuing the date hereof: and have bound the said I.W. by Recognisance with sureties to the Kings Majesties use, that he shall maintaine good rule: and further to do and behave himselfe therein, in all things according to the Laws and Statutes of this Realme &c.

Or Thus

We whose names are hereunder written, Just. Of the P. of our Soveraigne Lord the King, within the County of Camb. Do licence and allow I.W. of L in the said County, to keepe a common Alehouse or tipling house in L. aforesaid, for and during one whole yeere next ensuing the the date hereof, so he does not suffer any unlawfull games to be used in his house, nor any evill rule to be kept there, but doe behave himself therein according to the Lawes and Statutes of the Realme in that behalfe made and provided.  In witnesse, &c.

A Licence to Brew, and keepe an Alehouse

Whereas A.M. of W. in the County of D. Husbandman, hath come before us, John Cutts Knight and Fr.Brakin Esquire, two of the K.Majesties Just of the P. within the said County, and bound himself in a Recog. with sufficient sureties, to brew and sell, and keepe a common Alehouse, according to the stat. made in the fifth yeare of the reigne of our late Soveraigne Lord King Ed. 6. Now know ye, us the said John Cutts and Fr,Brakin, to have licenced the said A.M. to brew, to sell, and to keep a common Alehouse, according to the said Statute.  Given under our hands, the 13 of July, in the &c.

A Licence for a Recusant to travel, &c.

Whereas R.C. of L. in the County of C. being a Recusant (convicted) hath confined himself to L. aforesaid., being the usuall place of his aboad, according to the statute made in the 35.yeare of the reigne of our late Soveraigne Lady Queen Elizabeth: Know ye , that we, &c. foure of the Kings Majesties Justices of peace within the said Countie, doe by the consent of right reverend Father in God, Nicholas by Gods providence Lord Bishop of Ely, at the request of the said R.C. for the dispatch of his urgent and necessary business, grant and give licence to the said R.C. to travel out of the precincts or compasse of five miles limited by the said statute, at all times, until the first day of Novem.

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next coming, and at the said first day of Nov. to returne again to L. aforesaid.  In witnesse &c. See hic antea, tit.Recusants

A Testimoniall or Passport to travel

Sir Roger Millicent Knight, and Sir James Reynolds Knight, two of the Kings Majesties Just, of P. within the said Countie, to all Just. of P.  Mayors, Bailiffes, Constables, and all other his Majesties officers and Ministers whatsoever, send greetings in our Lord God everlasting.  Forasmuch as the bearer E.P. (here show the cause of his travel) hath desired our Testimonial (or Licence) for his safe travel unto the Citie of B. where (here shew whither he is to goe.)  In consideration whereof, know ye the said Sir Roger Millicent, and Sir James Reynolds, so far as in us lieth, have licenced the said E.P. to travel and passes the direct way from H. in the said Countie of C. whereas he lately dwelled, unto the said Countie of B. so as his journey be not of longer or further continuance than twenty days next after the date hereof, praying you, and every of you, not to molest or trouble the said poore man in his travel, but to permit and suffer him peaceably to passé, so as he shew himself in no respect offensive to his majesties lawes.  In witness &c.

But upon such licence, the persons thus licenced to travel, may neither beg, nor wander idly, nor out of their direct way.  Besides, the Justices must be sparing to grant such licences, except in cases of necessity.  For except the person so licenced be one that hath suffered shipwracke, or a Souldier, or Mariner coming from the Seas, &c. hic cap.47 or be a labourer, and onely for hay and harvest time; or else be a servant departing from his Master, hic cap.36. the Justices of peace are to make no such licence, or Testimoniall (as it seemeth:) And as for the manner of such testimonial or licence for persons suffering shipwracke, and Souldiers comming from Sea, and in what manner such persons may travel, see hic antea, tit Rogues, cap.47.

But in other cases where any person shall become poor, lame, blind, or otherwise be diseased, decayed, and shall have just cause to travel, they must be provided with money or maintenance for their travel, otherwise the Justices ought to forebeare to grant any such licence, and must rather cause them to be sent to, and settles in, the towne where they last dwelt.

Also it is fit that such persons doe get the allowance of such his pasport under the hand of some one Justice of peace, in every Countie where he is to passe.

The forme of a testimonial for the conveying of a Rogue that hath beene punished according to the Stat. Of 39.El.c.4

Johnat Stile, a sturdy vagrant beggar, (of low personage, red haired, and having the nail of his right thumb clove) aged about            yeares, was this sixt day of Aprill, in the x.yeare of the reigne of our Soveraigne Lord King Charles, of England, &c. openly whipped at W. in the said County, (according to the Law) for a wandring rogue, and is

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Assigned to passe forthwith from parish to parish by the officers thereof, the next straight way to P. in the County of W. where (as he confesseth) he was borne, (or dwelleth last by one whole yeare, &c. if the case be such) and he is limited to be at P. aforesaid , within ten days now next ensuing, at his peril.  Given at Westwratting, under the hand and seale of M.D.Esquire, one of his Majesties Justices of peace in the said county of Cambridge.

Note by the words of the Statute 39.El.4.  such testimonial must be under the hand and seale of the Just. of peace, Constable, headborough, and of the Minister of the parish, or of any two of them; and yet it is taken that the Justice of peace alone under his hand and seale may make such testmoniall.  Lamv.206.

Note also, that it is needful both in this and in all other Testimonialls, Certificates, Safe-conducts, and Passports whatsoever, to note and specifie expresly some assured marks of the party, as his stature, colour of hair, complexion, or (if it may be) some apparent scarre, or other note, by which he may be infallibly distinguished and known from others; lest (as is often found) both himself take the benefit thereof , and he also communicate the use of the same to others, in abuse of him that made it, and of the Law in that behalfe provided.

A Testimoniall for such as have suffered Shipwracke

A.B. of C. in the Countie of Norff. Esquire, one of the Kings Majesties Justices, &c. To all, &c.  Forasmuch as the bearer hereof I.S. aged about &c. having lately beene at sea, in a ship called ,&c. and hath suffered shipwracke, and got to land at Y. in the said Countie of Norf. Upon the     day       last past (as I am credibly informed, as well by the report of the said I.S. also by the testimonie of divers the inhabitants of Y. aforesaid) and for that the said I.S. hath not wherewith to relieve himself in his travel homeward to D. in the county of H. where he saith he was born (or hath a dwelling, &c.)  These are therefore to pray you, and every of you to whom these presents shall come, not to molest or trouble the said I.S. in his travel to D, aforesaid, where he is limited to be within       dayes next after the date hereof; but desiring you rather to relieve him in his necessity, as to you shall seem meet: and withal, you the Constables of every Towne where he shall come, to help him with lodging in convenient time, so that he trvelleth the direct way to D. aforesaid, not doing anything contrary to the lawes and statutes of this Realme.  In witness thereof, &c.

The like (with very little alteration) may be made for a poore Mariner, or a poore Souldier, coming from the seas, or from beyond the sea.  Vide antea, tit, Rogues

But these last Testimonials must be made by some Justice of peace dwellinf neare where such persons do land.