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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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HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT A IVSTICE 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 Praemunires and Finable offences of Force Fraud Omission and other misdemeanors of severall sorts more then ever heretofore have beene published in print PSAL. 7. vers 9. Oh let the wickednesse of the wicked come to an end but establish the just for the righteous God trieth the hearts and reines DUBLIN Printed by the Society of Stationers Printers to the Kings most excellent Majestie 1638. BEATI PACIFICI C R SVM GVILHELMI BOLD DE TRE-YR-DDÔL IN COMITATV ANGLESEY ARMIGERI EX DONO AVTHORIS EN DIEV EST TOVT TO THE RIGHT HONORABLE THOMAS Lord Viscount WENTWORTH Baron of Wentworth-woodhouse LORD Newmarsh and Oversley Lord President of the Councell established in the North part of England Lord Lievetenant of Yorkshire One of his Majesties most most honorable Privie Councell in England and Lord Deputie generall of Ireland RIGHT HONORABLE SInce the Conquest of Ireland made by King Henry the second untill of late the Office and Authoritie of a Iustice of Peace have very little or nothing at all beene here understood or regarded but have beene altogether eclipsed by those many and often Rebellions which have beene in this Kingdome almost in all ages since that happie Conquest These Rebellions after many yeares continuance were totally repressed by that illustrious Princesse Queene Elizabeth who having finished that worke was called to another Kingdome there to enjoy an everlasting Crowne of Glory Since which time by the goodnesse of Almighty God and the most happy prudent and peaceable governement of our late Soveraigne King Iames of blessed memory and of his most Excellent Majestie that now is especially since your Lordships governement here that Eclipse is so vanished and dispersed that now the light of Iustice doth cleerely appeare and shew it selfe in all parts of Ireland and the office of a Iustice of Peace is duely regarded and his Warrant in all parts of the Kingdome obeyed So as now it will be needfull that the Iustice of Peace should well understand the duty of his place and neither exceede nor come short of the Authority given him either by Cōmission or by the statute Lawes of the Realme And albeit divers worthy and learned men in England have published many profitable Bookes concerning the Pleas of the Crowne and the Office of a Iustice of peace yet none of those will be any sufficient guide for the Iustices of peace in Ireland because the Statute lawes of England and Ireland doe in many things differ for there be many ancient Statutes made in England some whereof are in some things altered and others repealed either in part or in the whole by later Statutes which are not of force in Ireland so as those ancient Statutes as they were first enacted remaine still of force in this Kingdome and likewise there be many statutes made in Ireland aswell before 10. H. 7. as since which were never any lawes in England The consideration whereof hath incited me although by reason of mine age and other infirmities least able of all my brethren the Iudges for the helpe of the Iustices of peace here to compose this worke according to the lawes and Statutes now of force in this Kingdome which I humbly make bold to present to your Lordships view protection not doubting but as all other labours which any way tend to the advancement of Iustice the well ordering of this Common-wealth so also these poore endevours of mine to that purpose vvill easily obtaine your favourable acceptance Mine errors or mistakings I shall humbly beseech your Lordship to pardon impute them rather to my weaknesse want of abilitie and multiplicitie of other imployments then to my will and to accept of this small mite as a free-vvill offering at the hands of him who for your Lordships many noble favors will not only ever pray for your happinesse and long continuance in this place of governement but also earnestly desire to manifest his thankfulnes for the same and to be accounted Your Lordships humble and faithfull servant RI. BOLTON The Method and Contents of the first Booke conteyning the exercise of the office of one or more Iustices of Peace out of Sessions THe first booke beginneth with an Introduction which is divided into two Chapters The first whereof declareth who were and yet are Conservators of the peace at the Common law by vertue of their severall offices The second Chapter thereof setteth forth the first ordayning of Iustices of the peace the duty of their places in a generalitie the formes of the severall Commissions of the peace used in Ireland the meanes how the same may be suspended or determined the severall oathes which the Iustices of peace are to take and lastly a briefe exposition of the first Assignavimus in the Commission of the peace The rest of the first booke is divided into 36. severall Titles according to the Alphabet some of which Titles containe but one Chapter some others containe severall Chapters according to the severall sorts of the matters contained under those severall Titles The Table of the severall Titles and of the severall matters contained in every Title followeth viz. 1. Affray ca. 1. 1. The derivation of the word Affray Sect. 1. 2. What every private man may doe to pacifie an Affray Sect. 2. 3. 4. 5. 3. What a Constable may doe for pacifying an Affray and punishing the offendors S. 6. 7 8 9 10 11 12 13 14 15 21. 4. What a Iustice of peace may doe herein S. 16 17 18 19. 20. 2. Armour ca. 2. 1. Who may weare weapons or got armed and who not Sect. 1 2 3. 2. What a Iustice of peace or Sheriffe is to doe when Armour is worne unlawfully in terrorem populi Sect. 1 2 4 5. 3. What a Constable or other officer may do in such case S. 1. 5. 3. Arrest Imprisonment ca. 3. 1. What is an Arrest and Imprisonment S. 12. 44. 45. 2. By what warrant and when an Arrest may be made by word only S. 3 4 5 6 7. 3. When and in what case it must be by writing S. 8. 9. 10. 4. How and in what maner such warrant ought to be executed S. 11 12 26 27 28 29 30 31 32 33 34 35 36 37 38 39. 5. For what causes a Iustice of peace may grant such warrants S. 14 15 16 17 18 19 20. 6. Certaine causes for which the Iustices of peace ought not to grant such warrants S. 21. 22. 7. To whom such warrants may be directed S.