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A16313 A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print. Bolton, Richard, Sir, 1570?-1648. 1638 (1638) STC 3223; ESTC S107128 601,677 634

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Law 16. If the Ministers Churchwardens and Constables shall not upon Tuesday or Wednesday in Easter weeke yearely chuse Surveyors for the high-wayes according to the stat in that case provided This neglect of theirs ought to bee presented at the generall Sessions of the peace for which they are to be punished by fine and imprisonment 11. Iacob cap. 7. in Ireland 17. If the Surveyors for the high-wayes or any of them being chosen as in the next precedent Section is specified shall refuse to execute that office by the stat of 11. Iac. cap. 7. in Ireland every of them so offending is to forfeit ten pounds for such his neglect 18. All inhabitants of every parish by the said stat of 11. Iacob are to labour six dayes at the appointment of the Surveyors for mending of the high-wayes within their severall parishes in manner following viz. Every Parishioner that hath a waine or Cart is to labour with his waine or cart with two men and in default therof to forfeit for every day twenty shillings and every other person being a house-holder shall send one man to labour in the amendment of the high-wayes and Cashes or Causeys or else in default thereof every such person making default is to forfeit for every such default two shillings And every of the said Waines Carts and persons are to labour eight houres in every of the said six daies 19. All persons that have lands adjoyning to any high-wayes are to scoure their ditches and to cut the paces adjoyning to such high wayes so as the high-wayes be not impared or annoyed for want of scouring of the ditches or cutting of the paces or in default thereof every person so offending is to forfeit twenty pounds by the said statute of 11. Iac. cap. 7. 20. The neglects of all officers or ministers of Iustice whatsoever in the execution of their severall offices whereby the common-wealth receiveth any prejudice are to be presented at the generall Sessions and by the common law they are to be punished by fine and imprisonment at the discretion of the Court. 21. The neglect of repairing to the church Not repairing to the Church c. to heare Divine Service upon Sundayes and Holy-dayes is likewise to be presented and the partie offending for every such neglect upon any Sunday or Holy-day is to forfeit one shilling 2. Eliz. ca. 2. in Ireland 22. If any person or persons shall refuse to be assistant to the Iustices of peace Sheriffe or undersheriffe when they shall be required to aide them to arrest the offendors in riots routs Refusing to assist the Iustices of peace c. to arrest Rioters c. and unlawfull assemblies and other malefactors this by the common Law is inquirable at the generall Sessions of the peace and to bee punished by fyne and imprisonment at the discretion of the Court. Other abuses and enormities tending to the dishonour of God or the prejudice of the Common-wealth CHAP. 7. THe fourth sort of finable offences are these viz. 1. The prophaning of the Sabbath Prophaning the Sabbath by keeping faires or markets by manuall labour by playes or haunting Tavernes and Ale-houses and these are inquirable in the generall Sessions of the peace and to be punished by imprisonment and bonds of the good behaviour and this by the rule of the Common Law and the first Assignavimus of the Commission of the peace 2. Keeping of Faires or markets in Churches or Church-yards is likewise punishable and by the statute of 13. Edw. 1. called the stat of Winchester to be punished by fyne and imprisonment 3. Depraving of the Booke of Common Prayer by word or by writing Depraving the Book of Common Prayer or the using of any other Common Prayer or administration of Sacraments then such as are prescribed in that Booke is inquirable and by the stat of 2. Eliz. cap. 2. in Ireland to bee punished in manner following viz. If the offendour be an Ecclesiasticall person for the first offence he is to forfeit the profits of all his spirituall promotions for the space of one yeare and to suffer imprisonment by the space of six months for his second offence he is to suffer imprisonment by the space of one whole yeare and to bee deprived of all his spirituall promotions and for his third offence to be deprived ipso facto of all his spirituall promotions and suffer imprisonment during his life And if the offendour be a lay person or one that hath not any spirituall promotion he shall for his first offence suffer imprisonment by the space of one whole yeare without baile or maineprise and for the second offence he shall suffer imprisonment during his life 2. Eliz. cap. 2. in Ireland Disturbing the Minister 4. If any person or persons shall disturbe the Minister in execution of his function according to that Booke of Common Prayer this is likewise inquirable and the offendour herein for his first offence is to forfeit an hundred marke or in liew thereof to suffer imprisonment for the space of six months for his second offence hee is to forfeit foure hundred markes or to suffer imprisonment by the space of twelve months for his third offence he is to forfeit all his goods and Chattles and to be imprisoned during his life 2. Eliz. c. 2. in Ireland Cursing and swearing 5. Such as use to curse and sweare by the statute of 10. Car. cap. 1. in Ireland are to forfeit for every such oath or cursing one shilling Common Drunkards 6. Likewise common Drunkards are to be enquired of for this is an offence at the Common Law and contrary to good governement and such are to be punished by imprisonment and bonds of the good behaviour Common Adulterers 7. So likewise common adulterers by the rule of Common Law are to be enquired of and to be punished by imprisonment and bonds for the good behaviour Common baudy houses 8. And in like manner keepers of common baudy-houses and such as frequent them are by the Common Law to be punished by fyne and imprisonment and to be bound to their good behaviour 9. Keepers of common gaming-houses and common gamesters are to be punished by fyne Common Gaming houses imprisonment and bonds for the good behaviour as a misdemeanor at the common Law 10. In like manner Alehouse-keepers and Taverners that keepe misorder in their houses Alehouses and Tavernes are to bee presented for this offence as a misdemeanor at the common law and are to be punished by fyne imprisonment and bonds of the good behaviour 11. All such persons as shall kill or destroy any frye of Salmon or Eeles with any nets or Engines are to be presented Destroying of Frye c. and by the statute of 10. Car. cap. 14. in Ireland they are for every such offence to forfeit fortie shillings and also their nets and Engines 12. If any person or persons shall take or convey away or
offence 3.l 6 s 8.d 28. H. 8. ca. 15. in Ireland 23. Incumbents not keeping Schooles in their parishes to teach English 23 To forfeite for the first time 6 s 8.d for the second 20 s and for the third time to loose their benefices 28. H. 8. ca. 15. in Ireland Fourthly Other abuses and enormities viz.     1. Prophaning of the Sabbath by keeping Faires and markets by manuall labour by playes and haunting Tavernes and Ale-houses upon the Sabbath day 1 Imprisonment and to bee bound to the good behaviour 2. Keeping of Fayres or Markets in Churches or Church-yards 2 Fyne and imprisonment 13. E. 1. Statute de Winton 3. Depraving the booke of Common prayer by words or by writing or using any other common prayer or administration of Sacraments then is prescribed in that booke 3 For the first offence the profits of all the offendors spirituall promotions and six months imprisonment for the second offence deprivation a yeares imprisonmēt for the third time imprisonment during life and deprivation in spiritual persons For lay persons for the first offence a yeares imprisonment for the second offence imprisonment during life 2. El. ca. 2. in Ireland 4. Disturbing the Minister in execution of his function according to that booke 4 To forfeit for the first offence 100. markes or six months imprisonment For the second offence 400. markes or 12. months imprisonment For the third offence all his goods and chattels and imprisonment during life 2. El. ca. 2. in Ireland 5. Cursing and swearing 5 For every time 12. d. 10. Caroli cap. 1. in Ireland 6. Common turbulent drunkards 6 Imprisonment Fyne and bonds for the good behaviour 7. Common Adulterers 7 Imprisonment and bonds for the good behaviour 8. Keepers of common Baudie-houses and such as frequent them 8 Imprisonment Fyne and Bonds for the good behaviour 9. Keepers of common gaming houses and common gamesters 9 Imprisonment Fyne and Bonds for the good behaviour 10. Alehouse-keepers that keepe misorder in their houses 10 Imprisonment Fyne and Bonds of the good behaviour 11. The killing of yong Spawne and Frie of Samon and Eeles 11 Forfeiture of 40 s and of the Nets and Engines 10. Caroli ca. 14. in Ireland 12. The taking away of yong women under the age of sixteene yeares or marrying of them without the consent of their parents or Tutors 12 Imprisonment by the space of two yeares and if the offendor shall marry her imprisonment by the space of five yeares 10. Caroli ca. 17. in Ireland 13. Plowing by the Taile and pulling the wooll off living sheepe 13 Fyne and imprisonment 11. Caroli ca. 15. in Ireland 14. Burning of Corne in the Straw 14 Fyne and imprisonment 11. Car. ca. 17. in Ireland 15. Coshering and idle wandring 15 Imprisonment and bonds of loyaltie or of the good behaviour at the discretion of the Iustices of Peace 11. Caroli ca. 16. in Ireland 16. Selling of Wine Ale or any other liquor within any Citty or Towne Franchised by measures not sealed 16 Forfeiture 10 s 28. H. 6. ca. 3. in Ireland 17. Wearing of Irish apparell and not using the English habite and language 17 For every Lord Spirituall and Temporall 6.l 13 s 4.d For every Knight and Squire 40 s For every Gentleman or Merchant 20 s For every Freeholder and yeoman 10 s For every Husbandman 6 s 8.d And for all others 3 s 4.d for every offence 28. H. 8. cap. 15. in Ireland 18. Leasing of Corne in harvest by such as are able to labour and permitting of it by the owners 18 For every time offending to loose the Corne and to forfeit 12.d and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d 28. H. 8. ca. 24. in Ireland 19. Such as keepe Inmates in harvest that leaze Corne. 19 Forfeiture 6 s 8.d 28. H. 8. ca. 24. in Ireland 20. The rescuing of Swine kept upon any Strand where the Sea doth ebbe and flow from him that shall sease upon them as forfeit 20 Fyne and imprisonment 11. El. ca. 3. in Ireland 21. Laying of Hempe Flax or lymed Hydes in any fresh river 21 Forfeiture of the Hempe Flax Hydes or the treble value of the same 11. El. ca. 5. in Ireland 22. Stopping or straightning of any common way 22 Fyne and imprisonment 23. Stopping or diverting of any water-course whereby any common way or passage is annoyed 23 Fyne and imprisonment 24. Casting of dung or any other thing into any common street or way which doth in any sort annoy the passage 24 Fyne and imprisonment 25. The buying of Hydes Fels Chequers Flegs Yarne Linnen cloath wooll and Flocks by Gray Merchants to sell againe in any other place but in Market or Fayre 25 To be punished as a Forestaller vide supra Forestaller 33. H. 8. ca. 2. in Ireland 26. Sheriffes letting their Bailiwickes to Farme 26 Forfeiture 40.l 23. H. 6. ca. 10. 27. Sheriffes refusing to let men to baile that are baileable 27 To forfeit 40.l to the King and treble damage to the party 23. H. 6. ca. 10. 28. Sheriffes levying Fynes or amerciaments by reason of any indictment or presentment in his Turne Court without processe from the Iustices of peace or that have not brought in such presentments or indictments to the next generall Sessions of the Peace 28 To forfeit 40.l 1. E. 4. ca. 2. 29. Undersheriffes Bailiffes of liberties and others that take upon them to returne panels or Talles or medle with the execution of processe before they take the oath for the true execution of their offices according to the statute of 10. Caroli 29 To be fined to the King in 40.l and pay treble damages to the party grieved 10. Caroli ca. 18. in Ireland 30. Undersheriffes Bailiffes and others that doe any thing contrary to the said oath 30 Fyne to the King 40.l treble damages to the party grieved 10. Carol. ca. 18. in Ireland 31. Purveyors that take any thing of the value of 40 s or under without making ready payment 31 To forfeit the value to the partie and loose his office 2. H. 4. ca. 14. 32. Artificers Labourers or lay men that have not lands worth 40. s. per annum nor priests that have not 10.l per annum that shal keep any Greyhound or other Dog to hunt or use any Ferrets Nets or other Engines to kill Deere Hares or Conyes 32 A yeares imprisonment 13. R. 2. ca. 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40 s without paying for the same and any of the Kings officers that have procured any to be arrested or vexed for such resistance 33 Forfeit of 20.l by the officer of the King and the Constable the value of the thing and double damage to the party 20. H. 6. ca. 8. 34. If any man have raised Huy and Cry without cause or being raised upon good cause