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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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maintenance of this peace was recommended and who with their other offices had and yet still have the conservation of the Peace annexed to their charges as a thing incident to and unseparable from those offices And yet neverthelesse they were and are called by the names of their offices onely the conservation of the Peace being included therein First 20. H. 7. 7. 2. Co. 11. 85. the Kings Majestie by his Dignitie Royall is the principall Conservator of the Peace within his Dominions and is Capitalis Iusticiarius Angliae in whose hands at the beginning the administration of all Iustice first was and afterwards by and from him only was this authority derived and given to others 2. The Lord Chancellour or Lord Keeper of the great Seale the Lord high Steward of England the Lord Marshall and high Constable of England the Lord Treasurer of England and every Iustice of the Kings Bench and also the Master of the Rolls have inclosed in their said Offices the conservation of the Peace over all the Realme and every of these may award precepts and take recognizance for the Peace by vertue of their places and the like Officers in Ireland may doe the like 2. H. 7. 1. Br. peace 12. 3. There be others also who by vertue of their Offices have the conservation of the Peace but yet onely within the precinct of their severall Courts as namely the Iustices of the Court of Common Pleas the Barons of the Exchequer and the Iustices of Assise 4. Also the Steward of the Sheriffes Turne the Steward of a Leete and the Steward of a Court of Pypowder every of these are Conservators of the Peace within their severall Courts for every of them may commit him to ward that shall make an Affray in their presence whilst they be in execution of their Offices for that these be Courts of Record and so in all other Courts of Record 5. And as well the Steward of the Sheriffes Turne as also the Steward of a Leete during their Courts may by recognizance binde him to the peace that shall make an Affray in their presence Br. Leet 39. F.N.B. 82. sitting the Court 13. H. 4. 12. And may commit him to Ward untill hee hath found sureties for the peace And may also take the examination of Felons at the Common Law 21. Ed. 4. ●1 and commit them to the Gaole and may also take the presentment of any Felony at the Common Law committed within their precinct or of any other offence against the peace except the death of a man See Br. Leet 1. 2. 14. 18. 22. 26. Co. 8. 38. 6. And so if any other contempt or disturbance to the Court shall be committed in any of the said Courts or in any other Court of Record the Iudge or Steward there may impose upon such Offendors a reasonable Fyne F.N.B. 81. d. 7. The Sheriffe is a Conservator of the peace within his Countie And upon request to him made he may command another to finde surety of the Peace and may commit him untill hee finde such suretie 7. Coroners also by the Common Law are Conservators of the peace within the County where they be Coroners but they have power for the keeping of the peace only as the Constables have and no otherwise 9. The high Constables for hundreds are Conservators of the peace within their severall hundreds and limits Br. peace 13. 10. All petty Constables within the limits of their severall Townes be Conservators of the peace by vertue of their Office 11. If any man shall make an Affray or assault upon another in the presence of the Constable Or if any man shall threaten to kill beat or hurt another and that complaint shall bee made thereof to the Constable hee may commit the offendour to the Stockes or to some other safe custodie for the present and after may carry him before some Iustice of peace or to the Gaole untill hee shall finde suretie for the peace 12. These conservators of the peace by the ancient common Law are to imploy their owne valour and may also command the helpe aide and force of others to arrest and pacifie all such who in their presence and within their Iurisdiction and limits by word or deed shall goe about to breake the peace 13. Also these Conservators of the peace if they have committed or bound over any such offendours it seemeth they are then to send to or to be present at and attend the next Sessions of the peace or Gaole-delivery there to object against such offendours The first ordering of Iustices of the Peace and their authoritie CHAP. 2. 1. IN Anno Domini 1327. Iustices or Commissioners of the Peace were first created and ordained by the statute of 1. Ed. 3. cap. 16. by which statute it was ordained that in every Shire of the Realme certaine persons should be assigned sc by the Kings Commission to keepe the peace And their authoritie was after inlarged by the statutes of 4. Ed. 3. cap. 2. 18. Ed. 3. cap. 2 And 34. Ed. cap. 1. And by the said statute of 34. Ed. 3. cap. 1. they were first generally enabled to heare and determine at the Kings suite all manner of Felonies and Trespasses And each County had now its proper Commissioners for the peace whereas before it seemeth the Commissions to the Iustices of peace were not alwayes made severally into each shire but sometimes joyntly to sundry persons over sundry shires 2. But the statute of 36. Edw. 3. cap. 12. is the first statute that nameth them Iustices of the peace For the statutes of 2. Ed. 3. cap. 6. and 25. Ed. 3. cap. 6. 7. 8. speaking of Iustices seeme not to bee of our Iustices of peace but that of 2. E. 3. as also the statute of Winchester cap. 6. therein mentioned to bee meant of Iustices Itinerants or Iustices in Eyre and the other of 25. E. 3. to bee meant of Iustices or Commissioners specially assigned for servants and labourers 3. They be called Iustices of the peace because they be Iudges of Record and withall to put them in minde by their names that they are to doe Iustice which is to yeeld to every man his owne by even portions and according to the lawes customes and statutes of this Realme without respect of persons 4. They are named also Commissioners of the peace because they have authoritie by the Kings Commission 5. And here it shall not be amisse to put them in minde how that Iustice may be perverted many wayes if they shall not arme themselves with the feare of God the love of Truth and Iustice and with the authority and knowledge of the Lawes and Statutes of this Realme As namely 1. First by feare when fearing the power or countenance of another they doe not Iustice Deut. 1.17 Yee shall not feare the face of man for the judgement is Gods 2. Favour when they seeke to please their Friend neighbour or others
of him as of a Theefe if the quantitie of the goods the fame require 5. E. 3. cap. 2. 3. 14. E. 3. ca. 19. The purveyances which shall be made for the Kings houses and the Queenes where they doe abide and passe through the countrey shall be made by warrant Warrant and power given to them which shall make the purveyances in which shall be expressely contained that they shall take nor buy nothing unlesse it be by promise made betwixt the buyer and the seller and by the agreement of the sellers and if any will any thing take by colour of his Commission against this ordinance none shall be bound to obey him no more then if he had no commission and of that which shall bee so bought and purveyed payment Payment shall be made to the seller before that the King passe out of the vierge Vierge and of great purveyances to be made as of flesh fish and other victuals for the Kings warres Warres and for to vittaile Castles and townes of Scotland and England Marchants and other places certaine Merchants and other good people shall be deputed by the Treasurer Treasurer to make the said purveyances without Commissions Commission and without the Kings or others power so that the people nor none of them be put to sell any thing against their will and that no Commission be made to the keepers of the Kings horses but be it onely commanded to the Sheriffe Sheriffe that he make purveyance by him and by his of the issues of his bailiwicke and the number of the horses Horses for which he shall make such purveyance shall be contained in the said commandement and that no purveyance bee made over this number saving that the chiefe keeper have an Hackney and that he take good heed Overcharge that the countrey be not charged of more then shall keepe the horses but for every horse a boy without bringing women pages or dogs with them and if more be found abiding in charge of the countrey they shall be brought to the prison Imprision there to remaine till the King hath sent his will and in the same manner be it commanded to the Sheriffes Sheriffe that they make their purveyances for Dogges the Kings dogs of the issues of their Bailiwickes where they dwell and that such purveyances be made by none other but by the Sheriffes and be it conteined in his commandements the number of the dogs for which he shall make purveyance over which number no purveyance shall be made so that they live of their certaine without charging the countrey and if any finde himselfe grieved against this ordinance he shall have his recovery against the Sheriffe of such grievances done to him Anno 14. E. 3. cap. 19. 25. E. 3. ca. 1. 4. Also by another statute made in anno 25. E. 3. ca. 1. it is ordained that forasmuch as outragious damage hath beene done to the people by the Purveyors of victuals for the houses of the King the Queene and their Children it is c. that the takers of Corne Corne. for the said houses shall take the same by measure Measure striked according as is used throughout the land and that such Corne hay Hay litture bestaile and other victuals Victuals and things which shall be taken for the said houses shall be praised by the very value by the Constable Constable and other good people of the Towne where such taking shall bee made without that the praisers by menaces or dures shall be driven to set any other price then their oath Oath will and as it commonly runneth in the next markets and that betwixt the Purveyors and them whose goods shall be taken in the presence of the Constables and praisers Talles Talles bee made incontinently without that the people whose the goods shall be be drawne or travailed elsewhere and the same talles bee sealed with the seales of the takers of the things so taken by which talles satisfaction shall be made to them whose goods shall be so taken and if any Purveyor or taker for the said houses doe in any other manner he shall be immediately arrested by the Towne where the taking shall be made Impris and brought to the next gaole and if he be thereof attainted Felony it shall be done of him as of a Theefe if the quantity of the goods the same require according as in a statute made in the time of the said King in the fifth yeare of his raigne and in another made in the time of the said Kings Grandfather upon such takings is contained at the full and from thenceforth in the Commissions Commissions of such takers and Purveyors the intent and paine limitted in this statute shall be contained and that no Commission be made but only under the Kings great seale Great seale or privy seale Privy seale nor no man be bound to obey any such Commissions in other manner then is aforesaid and that the same statutes take place in all points against every taker and Purveyor of every manner of victuall in every part of the realme of what condition soever he bee Anno 25. Ed. 3. cap. 1. 25. E. 3. ca. 15. 5. And likewise by another statute made in anno 25. E. 3. ca. 15. it is ordeyned that forasmuch as the takers and buyers of the Kings takings doe take sheepe Sheepe betweene Easter and Saint Iohn Baptist with their woolls and praise the same at a small price and after send them to their owne houses Shorne sheepe and cause them to be shorne to their owne profits no such Taker Purveyor nor buyer shall take any sheepe before the time of shearing but only so many as may reasonably suffice till the time of shearing and after that time they shall take as many sheepe shorne and none other as may reasonably suffice them for the time to come and if any Taker Purveyor or buyer of the realme doe against the same and be thereof attainted at the suit of the King Felony or of the party it shall be done of him as of a Theife or a robber and the paine shall be contained in every Commission of such purveyors 25. E. 3. cap. 15. 6. By another statute made in 34. E. 3. ca. 3. 34. E. 3. ca. 3. it is enacted that of purveyances made to the use of the Queene and the Prince of Poultrie Poultrie and of other small things payment Payment shall be made in hand upon the taking and of other great purveyances within the moneth or six weekes Six weekes in the Countries where they shall be taken and that the number of such Purveyors bee abridged in as much as conveniently may be for the aide and quietnesse of the common people Anno 34. Ed. 3. ca. 3. 7. Likewise in Anno 36. E. 3. 36. E. 3. ca. 2.