Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n court_n say_a writ_n 1,469 5 10.2245 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66672 Statuta pacis, or, A perfect table of all the statutes (now in force) which any way concerne the office of a justice of peace cleerly also setting down the severall duties of sheriffes, head-officers of corporations, stewards in leets, constables, and other oficers, so far forth as the said statutes do in any sort concern them / faithfully collected, and alphabetically digested under apt tables by E.W.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656. 1644 (1644) Wing W3023; ESTC R25185 131,829 308

There are 2 snippets containing the selected quad. | View lemmatised text

offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse
paid within six weeks as aforesaid shall suffer one whole yeers imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their parish Church or upon let thereof to some other every Sunday and Holiday upon paine to be punished by censures of the Church and also to forfeit xii d. to be levied by the Church-wardens there for the use of the poor upon the offenders goods by way of distresse See Recusants 98. XXV Justices of Oyer and Terminer and of Ass and Maiors and head Officers of Corporations have power to hear and determine these offences unto whom the Arch-Bish or Bishop of the Diocesse may associate himself if he please Howbeit note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein which see in Title Recusants 27. XXVI None shall be impeached by this Act unlesse the offence be presented at the next Sessions of Oyer and Terminer or Ass after it is committed and here tryall of a Peer shall be by Peers XXVI This Act shall not restrain Ecclesiasticall jurisdiction Howbeit none shall be punished twice for one offence Sacriledge See Clergie Schoole-masters See Recusants 26 67. Scotland See Corn 1. Horses 9 10. Seminary Priests S. Recusants Servants S. Labourers Service divine S. Sacraments Sewers I. Stat. 23. H. 8.5 Commissioners of Sewers before they can have power to execute their Commission shall take the Oath ordained by this Statute before the L. Chancellour or those whom he shall depute by Dedimus for that purpose or else before the Justices of P. in Sess II. The form of the Oath is this Yee shall sweare That you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be borne to any manner person or persons And as the case shall require you shall consent and endeavour your selfe for your part to the best of your knowledge and power to the making of such wholsome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellowes being in Commission with you for the due redresse reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without savour meede dread malice or affection As God you help c. III. Stat. 13. El. 9. A Commission of Sewers shall continue in force ten yeares and the orders made by their Commissioners one yeare longer during which time of one yeare the Justices of Peace of that County or six of them 2. Qu. have power to execute such Commission and Orders as fully as the Commissioners themselves unlesse in the interim a new Commission be sent forth Sheep S. Cattell Sheriffes I. Magna Charta 9. H. 3.17 No Sheriffe Constable Escheator Coroner or any other our Bailiffes shall hold Pleas of our Crowne II. Stat. 1. H. 4.11 If a Sheriffe commit extortion and be thereof attainted he shall be punished for the same at the Kings will III. Stat. 23. H. 6.10 No Sheriffe shall let to farme his County or Bailiwicks neither shall he his under-Sheriffe or any other Bailiffe returne upon Enquests any Bailiffe Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save onely the fees that follow viz. for the Sheriffe 20. d. for the Bailiffe that makes the arrest 4. d. and for the Gaoler when the party is committed 4. d. Neither shall any Sheriffe under-Sheriffe Sheriffes Clerk Steward or Bailiffe of Franchise Servant Bailiffe or Coroner take above 4. d. for the Copy of a Pannell IV. Sheriffes and other Officers shall let to Baile persons by them arrested upon reasonable Sureties having sufficient within the County persons in ward by Condemnation exemption Capias utlagatum or Excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted V. The said Officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4. d. and bonds otherwise taken colore officii shall be void VI. Sheriffes shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto them VII Sheriffes under-Sheriffes Clerks Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40. l. to be divided betwixt the King and the prosecutor VIII Justices of Assise of both the Benches and of Peace have power to heare and determine these offences IX If the Sheriffe returne a Cepi Corpus or Reddidit se he shall be chargeable to have the body of the party ready at the day of returne mentioned in the Writ X. The Warden of the Fleet or of the Gaole of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XI Stat. 11. H. 7.15 No Sheriffe under-Sheriffe or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintife or his Attourney nor above one Plaint for one cause in paine of 40. s. to be divided betwixt the King and the prosecutor XII A Justice of Peace upon complain made hath power to examine the abovesaid Officers and Plaintife concerning the premisses and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in paine of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry XIII The Defendant in the County Court shall have lawfull summons and if the Bailiffe be therein found faulty he shall forfeit 40. s. And here also examination and certificate shal be made by a Justice of Peace as aforesaid XIV Before the Sheriffe issue forth any Estreats out of the County Court two Just of P. 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriffe one of them shall remaine with the Justices and the other with the Sheriffe and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in paine of 40. s. who may be convict of that offence by the examination of one Just of P. as aforesaid XV. The Justices of P. which are to have the controllement of the Sheriffe and his Estreats shall be named at Michaelmasse Sess by the Custos Rotulorum or in his absence by the eldest of the Quorum And the said Justices of P. upon information of the party grieved may make out like Processe against the