4. Forms. Contempt after judgment. of the quorum,) may cause the person to be attached, and commit him to ward, till he shall have found sufficient surety, to be bound to the king by recognizance or otherwise, to give obedience to the due process, proceedings, decrees, and sentences of the ecclesiastical court where the su shall be. And by the 32 Hen. VIII. c. 7, s. 4, if any person, after sentence definitive given against him in the ecclesiastical court, shall obstinately and wilfully refuse to pay his tithes, or duties, or sums of money adjudge for the same, two justices (one being of the quorum) may, upon inform tion, certificate, or complaint in writing, by the ecclesiastical judge, caus the party refusing to be attached and committed to the next gaol, till be shall have found sufficient sureties, by recognizance or otherwise, to per form the said definite sentence and judgment. Church," Vol. I. See the 53 Geo. III. c. 127, ante, tit. " The remedy against contumacious persons, under the above statute e the 27 Hen. VIII. is not taken away by the 7 & 8 Will. III. c. 34. R v. Sanchee, 1 Ld. Raym. 323.) IV. Forms. To J. P., Esq., one [or, "J. P. and K. P., Esqs., two"] of her majesty' justices of the peace in and for the county of A. B., of A.D. in the said county, clerk, complaineth, that he, the said A. B. did, on the day of being upwards of twenty days before the day of the date hereof, demand of C. D., of in the parish in the county aforesaid, [farmer,] the tithes [or, “compositions and agreements for the tithes,"] [offerings, oblations, and obventions,] which have justly become due, within two years now last past, from the said C. D., unto him, the said A. B., to the value of ; and that the said C. D. did, upon the said demand, refuse, and doth yet refuse, to pay, and hath not paid the same, nor any part thereof. The said complainant, therefore, prayeth such redress the premises as to you shall seem meet, and as to the law doth appertain. Signed, in the year of our Lord the -} day of Whereas complaint in writing hath been made unto me, J. P., one [or ", J. P. and K. P., two"] of her majesty's justices of the peace in and for the sa county, by A. B., of &c., in the said county, clerk, that C. D., of &c., in the said county, [farmer,] hath, for above the space of [twenty days] before the time of the said complaint so made unto me [or, "us"], as aforesaid, refused! to pay unto the said A. B., and hath not yet paid, the tithes [or, "compositio and agreements for the tithes'], [offerings, oblations, and obventions, arist in the said parish of , justly due, within two years now last past, from the said C. D. to the said A. B. to the value of These are therefore to command you forthwith, upon sight hereof, to summon the said C. D. to appear before me [or, "us"], and such other of her majesty's justices of the peace for the said county as may be present, at day of on the at the hour of in the forenoon of the same day, to answer unto the said complaint. And be you then there to certify what you shall have done in the premises. Given under my hand and seal [or," our hands and seals"], at in the said county, the day of of our Lord in the year (3). Order thereon for payment of tithes, &c. } Whereas complaint in writing hath been made unto us, J. P. and K. P., Esqs., two [or, “ me, J. P., Esq., one"] of her majesty's jus tices of the peace in and for the said county, by A. B., rector, [or, vicar, &c. as the case may be], of the parish of in the said county, that C. D., of &c., in the county aforesaid [farmer], is justly indebted unto him the said A. B. as rec tor of the said parish as aforesaid, [or, vicar, &c. as the case may be], in the sum of ,for compositions for the tithes and oblations in the said parish accrning due from the said C. D. to the said A. B., within two years last past, to wit, for the year : [or, “hath subtracted and withdrawn certain tithes of to to the value of , accruing unto him the said A. B., as rector of the scid parish as aforesaid, from the said C. D., within the last two years, to wit, "], and which have not been sued for or begun to be sued for in her Majesty's Court of Exchequer, or in any Ecclesiastical Court, and that the said C. D. hath failed in payment of the same, although demand thereof hath been made by the said A. B., of , from the said C. D. more than twenty days before the making of the said complaint, to wit, on last past, and of 108. [ante 264] for the costs and charges of the said A. B. in prosecuting the raid C. D. in this behalf, and as upon the merits of the case appear to us just. Giren under our hands and seals, at in the said county, the day 4. Forms. Whereas, on the day of complaint in writing was made (4). The like, in Junto J. P., one of her majesty's justices of the peace for the said county, another form, on by J. T., of &c., gentleman, lessee of the rector of the said parish of that the complaint of the lessee of the C. D., of &c., has failed in the true payment of the composition and agreement tithes. made with him for [or, “ did unduly subtract and detain," as the case may be], tithes of [“hay, agistment, milk”], and also [as the case may be], which became and payable within two years then last past, and before and on the Jay of, &c., last, from the said C. D. to the said J. T., as lessee, as aforesaid, and demanded from the said C. D. by the space of twenty days before the making of the said complaint [when no composition had been made, add, and that the d J. T. had not compounded or agreed or paid for the said tithes (as before), ay part thereof; whereupon the said justice granted a summons in writing, nder his hand and seal, setting forth the said complaint, and required the said .D. to appear before such two justices of the peace for the said county as should be assembled at &c., in the same county, on &c., at [ten] o'clock in the freason, to answer to the said complaint, [when the party appeared, add, “and the acid C. D., having attended in pursuance of the said summons"]: Now we justices], A. B. and C. D., respectively being justices of our said lady the een, assigned to keep the peace in and for the said county, being so assembled c., aforesaid, and being neither of us patron of the parish church of &c., foresaid, nor any ways interested in the said tithes, dues, and oblations, having ly examined the truth of the said complaint upon oath, and having heard the said C. D. in his defence [or, where the party has not appeared," and the raid C. D. not having appeared before us, in pursuance of the said summons, and the due service thereof having been duly proved on oath before us"], do find and determine that there is justly due from the said C. D. to the said J. T., as lessee as aforesaid, the sum of as a reasonable compensation for the said tithes of "hay, agistment, &c.," as the case may be], become due and payable within two years from the time of making the said complaint; that is to say, on the said &c.; and we do therefore adjudge and order the said C. D. to pay, or cause to be paid, unto the said J. T. the aforesaid sum of and also the of 10s. for his costs and charges in making and presenting the said complaint. Giten under our hands and seals, at in the said county, the , in the year of our Lord VOL. VI. T day of 4. Forms. (5). Warrant of distress thereon. (6). Complaint for c. 127, (ante, 269). (7). Summons thereon. } To the constable of , in the said county, and to the churchwardens , in the said county, and to every of them, and all others whom this may concern. Whereas, upon the complaint in writing of A.B., rector [or, "vicar," &c.] of the parish aforesaid, in the county aforesaid, C. D., of &c., in the county aforesaid, farmer, hath been duly summoned to appear before us, J. P. and K. P., Eaqs., two of her majesty's justices of the peace in and for the said county, to be examined for the nonpayment of the tithes [or, "compositions and agreements for the tithes"], offerings, oblations, and obventions, due from the said C. D. unto the said A. B., as rector of the said parish as aforesaid, within two years last past, to wil, for the year and which the said C. D. hath made default in payment of although demand thereof hath been made by the said A. B. of and from the sai C. D. more than twenty days before the making of the said complaint; an whereas the said C. D. appeared before us in obedience to the said summons [or "did not appear before us in obedience to the said summons, and the service of the said summons having been duly proved to us on oath"], we, the said justices, bein neither of us patron of the parish church [or, "chapel"] of aforesaid, no any way interested in any of the said tithes [compositions, and agreements offerings, oblations, or obventions, having duly examined the truth and justic of the said complaint, have by writing under our hands and seals ordered [k what follows correspond with the order] the said C. D. to pay unto the A. B. the sum of being the value of the said tithes [compositions an agreements], offerings, oblations, and obventions, which have become due fro the said C. D. to the said A. B. within [two years] next before the said com plaint so made unto us, as aforesaid, together with the sum of 10s. for the cas and charges of the said A. B. in and about the prosecuting of the said C. D. i this behalf: which said sums make in the whole the sum of whereas it appeareth unto us, the said justices, that the said C. D. had due as tice of our said order for the space of ten days and upwards before the day the date hereof, but hath refused to pay, and hath not yet paid, the said of nor any part thereof: these are therefore to command you jointly a severally, that you, or some one of you, do forthwith distrain the goods a chattels of the said C. D.; and, in case the said sum of together wil your reasonable charges of making and detaining the said distress, be not peil or tendered to be paid, by the said C. D. in days [see the act, ante, 264 next after such distress made, that then you do make public sale of the goods and chattels so distrained, as aforesaid, and, out of the money arising fre such sale, that you pay, or cause to be paid, unto the said A. B. the said sun of , and thereout also deduct and detain your reasonable charges of making keeping, and selling the said distress [see ante, 264]; and if any overplus sha remain after such payment and deduction, as aforesaid, that then you do rende the same unto him, the said C. D., upon demand. Given under our hands an seals, at in the said county, the day of in the year of o Lord To J. P., Esq., one [or, “ J. P. and K. P., Esqs., two"] of her majesty' justices of the peace in and for the county of A. B., vicar [or, "rector"] of the parish church of county, complaineth, in the That C. D., of &c., in the county aforesaid, farmer, being a person commonly called a Quaker, hath refused to pay unto the said A. B., or to compound for. the tithes and other rights, dues, and payments belonging to the church of aforesaid, and justly due to the said A. B. from the said C. D. The said com plainant therefore prayeth such redress in the premises as to you shall seem meɛ!, and as to law doth appertain. Signed, the day of our Lord -}' To the constable of may concern. , in the year in the said county, and others whom this Whereas A. B., clerk, vicar [or, "rector"] of the parish church of in the said county, hath complained unto me, J. P. Esq., one [or, "us, J. P. and K. P., Esqs., two"] of her majesty's justices of the peace in and for the said county, that C. D., of &c., in the county aforesaid, farmer, being a person commonly called a Quaker, hath refused to pay unto the said A. B., or to compound for, the tithes and other rights, dues, and payments belonging to the church of the aforesaid, and justly due to the said A. B. from the said C. D.: these are therefore to require you forthwith to summon the said C. D. to appear before me [or, “us”], and such other of her majesty's justices of the peace in and for the said county as may be present, at , in the said county, on day of in the forenoon of the same day, to answer unto the said complaint. And be you then there to certify what you shall have done in the premises. Given under my hand and seal [or, "our hands and seals'], at , in the said county, the day of in the year of our Lord , at the hour of 4. Forms. Whereas complaint in writing hath been made unto me, J. P., Esq., (8). Order one [or," us, J. P. and K. P., Esqs., two"] of her majesty's justices of thereon for the peace in and for the said county, by A. B., vicar [or, "rector"] of the parish payment. of , in the said county, that C. D., of &c., in the county aforesaid, farmer, being a person commonly called a Quaker, hath refused to pay to or to compound with the said A. B. for his tithes and other rights, dues, and payments belonging to the church of aforesaid, and justly due unto the said A. B.: we, therefore, the said justices, being neither of us patron of the parish church of aforesaid, nor any way interested in any of the said tithes, rights, dues, or other payments, having duly summoned the said C. D. before us, and having also duly examined the truth of the said complaint upon oath, do find that there is justly due for the same from the said C. D. to the said A. B., the sum of and do order and appoint the aforesaid C. D. to pay or cause to be paid unto the mid A. B. the aforesaid sum of ; and we do also order and appoint the aforesaid C. D. to pay or cause to be paid unto him, the said A. B., the further sum of 10s. for such costs and charges concerning the premises as upon the merits of the cause do appear to us just and reasonable, and which said sums make together the sum of Given under our hands and seals, at in the said county, the in the year of our Lord day of —} To the constable of , and others whom this may concern. (9). Warrant of Whereas, upon the complaint in writing of A. B., vicar [or, "rector"] of the distress thereon. parish church of , in the said county, C. D., of , in the county aforesaid, farmer, being a person commonly called a Quaker, hath been duly summoned to appear before J. P. and K. P., Esqs., two of her majesty's justices of the peace mand for the said county, to be examined for non-payment of his tithes and ther rights, dues, and payments belonging to the church of aforesaid, due from the said C. D. unto the said A. B.; and whereas the said justices, upon xamination thereof, by writing under their hands and seals, have ordered the sid C. D. to pay unto the said A. B. the sum of , for such his tithes and nor ther rights, dues, and payments, as aforesaid, and moreover the sum of 10s. for at Lord in the said county, the day of Title-Deeds, Stealing of, see "Larceny," Vol. III. Production of, cannot be compelled under a Subpoena, see " Evidence," Vol. II. Planting tobacco. Justices of the peace are to com mand all constables, &c., to make a return to tobacco is planted and upon whose them of what land. Which present shall be a suffi cient conviction. Except upon 276 Tobacco. [12 Car. II. c. 34; 22 & 23 Car. II. c. 26; 1 & 2 Will. IV. c. 13.] FOR the laws of customs and excise concerning tobacco, see “Excise and Customs," Vol. II. By the 12 Car. II. c. 34, s. 1, no person shall plant any tobacco, on pain of forfeiting the same, or the value thereof, or 40s. for every rod or po' of ground planted with it; half to the king, and half to him that sha sue in any court of record. And by the 22 & 23 Car. II. c. 26, s. 2, (which, by the 5 Geo. I. c. 11 is continued along with the act of tonnage and poundage of the 12 Car. I c. 4,) it is enacted, that "all justices of the peace, within their sever limits and jurisdictions, shall and do, a month before every general quart sessions to be holden for their respective counties, issue forth their wa rants to all high constables, petty constables, and tithingmen within the several limits, thereby requiring the said high constables, petty constables and tithingmen, and every of them, to make diligent search and inqus tion, what tobacco is then sown, set, planted, growing, curing, cured, made, within their several and respective limits and jurisdictions, and whom; and to make a true and lawful presentment in writing upon oat at the next general quarter sessions to be holden for such county, of th names of all such persons as have sown, set, planted, cured, or made an tobacco, and what the full quantity of land is or was sown, set, or plante therewith, and who are the immediate tenant or tenants, or present c cupiers of the land so sown, set, or planted, who are and shall be deeme planters thereof to all intents and purposes." Sect. 3. "Which said presentment upon oath shall be received and file ment, being filed, by the clerk of the peace of the said county in open sessions, and, afte such receipt and filing, shall be a sufficient conviction in law, to all intent and purposes, of all such persons as shall be so presented for the sowing setting, planting, improving to grow, making, or curing tobacco, either i seed, plant, leaf, or otherwise, contrary to the said recited acts, or eithe of them, unless such person or persons so presented (having notice give notice it shall be to him or them of such presentment made, by the delivery of a copy o such presentment to him or them, or by leaving a copy of such present ment at his or their dwelling-house or houses, or usual place of abod in the presence of one or more credible witnesses, ten days at the leas before the next quarter sessions) shall, at the quarter sessions next afte such notice shall be given to him or them, traverse such presentment and find sufficient sureties for the prosecuting and trying such traverse at the quarter sessions to be holden for the said county next after such traverse shall be entered or made." traversed. Power given to all officers, &c., to pull up and destroy all the plants, &c. The penalty of officers not doing destroying of it. their duty in Sect. 4. "All constables, tithingmen, bailiffs, and other public officers, shall and do, within their respective jurisdictions, from time to time, as often as occasion shall require, within fourteen days after warrant from two or more of the justices of the peace within such county, town, city, or place, to them, calling to their assistance such person or persons as they and every one of them shall find convenient and necessary, pluck up, burn, consume, tear in pieces, and utterly destroy all tobacco seed, plant, leaf, planted, sowed, or growing in any field, earth, or ground." Sect. 5. If any such tobacco shall be suffered or permitted to grow, or be consumed in seed, plant, or leaf, in any township, tithing, parish, hamlet, or place, by the space of fourteen days after the receipt of such warrant or warrants, by the said constables, tithingmen, bailiffs, or other public officers of the respective townships, tithings, parishes, or hamlets as aforesaid, that then such constables, tithingmen, bailiffs, or other public officers respectively, shall, for every such offence, forfeit and pay the sum of 5s. for every rod, perch, or pole of ground so set, planted, or |