Selected quad for the lemma: judgement_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n aforesaid_a day_n justice_n 10,752 5 10.2316 5 true
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 4 snippets containing the selected quad. | View lemmatised text

Statute XXV None shall keep a Schoolemaster which absents himselfe from Church or is not allowed by the Bishop or Ordinary in paine of ten pounds for every month he so keeps him And such Schoolemaster shall be for ever after disabled to teach youth and shall suffer one whole yeares imprisonment without baile XXVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queens Reigne touching the acknowledging of her Supreame government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realme shall be inquirable before Justices of Oyer and Term. Assise G. D. and P. in their circuits and Sess within one yeare and a day after every such offence committed except Treason and misprision of treason XXVII Provided that any of the offenders aforesaid which shall before judgment submit and conforme themselves to the Bishop of the Diocesse or in open Assise or Sessions shall be discharged of every the offences aforesaid except Treason and misprision of Treason and of all paine and penalties incurred for the same XXVIII Of the forfeitures abovesaid two third parts the Queene shall have one to her own use the other for reliefe of the poore in the Parish where the offence is committed to be delivered without further warrant then of the principall Officers of the Receit of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three months after judgement shall be committed to prison and there remaine untill he have satisfied them or shall conforme himselfe to go to Church XXIX They that have on Sundayes the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but foure times in the yeare at least are present at Divine Service in their own Parish Church or some other open Church or Chappell of ease shall not incurre the penalty aforesaid for not coming to Church XXX All covinous Grants to defrand the interest which the Queen or any other person may claime by vertue of this Act or of 13 El. 2. shall be adjudged void XXXI If a Peere of the Realme happen to be indicted for any offence made Treason or misprision of Treason by this Act he shall be tried by his Peeres XXXII This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures XXXIII Stat 27. El. 2. All Jesuits Seminary Priests and other Ecclesiasticall persons borne within any of the Queens dominions and ordained or made such by the pretended Jurisdiction of the See of Rome which com into or remaine in any of the said Dominions shall be adjudged guilty of high Treason And their receivers ayders and maintainers knowing them to be such and at liberty shall be adjudged Felons without benefit of Clergy XXXIV All others brought up on Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six months after Proclamation made in London in that behalfe returne into this Realme and within two dayes after such returne before the Bishop of the Diocesse or two Just of P. of the County where they shall arrive submit themselves to the Queen and her Laws and take the Qath of Supremacy shall also bee adjudged guilty of high Treason XXXV They which give or send reliefe to any such Ecclesiasticall person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire XXXVI These offences shall be heard and determined in the Kings Bench or in any County where they shall be committed or the offender taken XXXVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three dayes after his arrivall shall submit himselfe to some Arch-bishop Bishop or to some Just of P. of the County where he lands and there take the Oath of Supremacy and under his hand acknowledge to continue in due obedience to her Majesties Laws XXXIX Here the triall of a Peere shall be by his Peeres XL. If any knowing a Jesuit or Priest to remain within any of the Queens dominions do not within twelve dayes discover the same to some Just of P. he shall make fine and suffer imprisonment during the Queens pleasure And the Just of P. which doth not within 28. dayes after disclose it to some of the Privy Counoell or to the President or Vice-President of the Councels in the North or Marches of Wales shall forfeit 200. Marks And such of those Councels to whom that information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them XLI All Oaths Bonds and submissions as aforesaid shall within three months be certified into the Chancery by the parties before whom they are taken in pain of 100. l. XLII None having submitted as aforesaid shall within ten yeeres after come within ten miles of the Court in paine to lose the benefit of such submission XLIII Stat. 29. El. 6. All Grants Incumbrances cumbrances or Limitations of use made by any person not repairing to the Church according to the Stat. of 23. El. 1. which are revokeable by the offender intended for his maintenance left at his disposition or in consideration whereof he and his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seisures for the same purpose XLIV Every conviction for any offence before mentioned shall be in the Kings Bench or at the Assises or G. D. and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the terme then next following 82. XLV The Queene may seise all the goods and two thrid parts of the lands and Leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay into the Exchequer in such of the Termes of Easter and Michaelmasse as shall happen next after such conviction the summe then due for the forfeiture of 20. l. a month and yearely after that in the same Termes according to the rate of 20. l. a month for so long time as they shall forbeare to come to Church according to the said Statute of 23. E. 1. vide infra 71 72 73 83. XLVI An Indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realme XLVII When an Indictment is found against such an offender Proclamation shall be made that he shall render himselfe into the Sheriffes hands before the next Ass or G. D. which if he do not that neglect shall be as sufficient a conviction as if upon the same Indictment a triall by verdict had proceeded XLVIII But here upon the offenders submission according to the
making deceiveable Cloth and if upon confession of the party or testimony of two witnesses they shall find any guilty thereof and make Certificate accordingly under their hands and seales to the Churchwardens and Overseers of the parish where the offence is committed those officers shall levie the penalties forfeitedby distresse the delinquent shall suffer imprisonment See Labourers 54. and Weights 35. Drover S. Badger Holy-dayes 2. Drunkennesse S. Alehouses Ecclesiasticall Court 1. STat. 21. H. 8.5 Nothing shall be given for the Probate of a Will or for letters of Administration when the goods of the Dead exceed not 5. l. save only 6 d. to the Scribe or Register Neverthelesse the Judge shall not refuse to prove such a testament being exhibited unto him in writing with wax ready to be sealed and proved communi forma but shall dispatch the aprty without delay II. For the Probate of a Will and all other things concerning the same when the goods of the dead exceed 5. l. but not xl l. the Judges Fee is 2. s. 6. d. and the Registers for registring of it 12. d. and when they exceed xl l the Judges Fee is 2. s. 6. d. as before and the Registers as much or the Registers may refuse the 2. s. 6. d. and take a 1. d. for every ten lines of the Will each line being conceived to containe ten Inches in length And for these fees they shall dispatch the party without any frustratory delay III. For letters of Administration when the goods of the dead exceed 5. l. but not xl l. the Officers Fees are only 2. s. 6. d. IV. Lands devised to be sold shall not be accounted any of the Testators goods V. The Judge shall not refuse to receive an Inventory indented which the executor or administrator tenders him in Court together with his oath to verifie the same VI. The Fee for the copy either of a will or Inventory is the same with that above allowed to the Scribe for Registring the will or else the Scribe or Register may take a x. d. for every ten lines of the length aforesaid VII The officer that takes more then his due Fee shall forfeit that excesse to the party grieved and besides x. l. to be divided betwixt the King and the said party grieved VIII Stat. 23. H. 8.9 The Fee for the seale of the Citation is 3. d. See Tithes Egyptians 1. Stat. 1. 2. P. M. 4. He that transports into this Kingdome or Wales certaine lewd people which cal themselves Egyptians shall forfeit xl l. II. Their continuing in England or Wales by the space of a moneth shall be adjudged Felony without Clergie III. Hi that obtaines License letter or Pasport for them shall forfeit xl l. IV. The forfeitures aforesaid shall be equally divided betwixt the K. and Q. Majesties and the prosecutor V. Stat. 5. El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be adjudged a felon without Clergie VI. This act shall not include Children within foureteene yeares of Age nor People in Prison so they void the Kingdome within foureteen dayes after tehy shall be enlarged or reforme their course of life VII None borne within this Kingdome and Wales shall be compellable to void the Land by the Stat. of 1.2 P. M. 4. but only to leave their naughty Course of life Embracery S. Maintenance Enditements S. Indictments Enquests S. Jurors Escapes S. Felony 7. Escheators 1. Stat. 23. H. 6.17 An Escheator shall not take above xl s. for the execution of one Writ in one County and that only when his labour and Costs require it otherwise he ought to take lesse II. Stat. 12. E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unlesse the Escheator himselfe hath Freehold within the County worth xx l. per Annum in paine of xl l. III. His Deputy or Farmor shall be a sufficient man and shall Certifie into the Exchequer his deputation within twenty dayes next after it is made upon the like paine of fortie pound IV. Justices of P. in Sess have power to heare and determine these defaults and to give Judgement for the recovery of the said forfeitures which are to be distributed betwixt the K. and the prosecutor V. This Stat. shall not restraine Corporations which have power by their Charter to appoint Escheators VI. Stat. 1. H. 8.8 No Escheator or other person whatsoever shall sit by vertue of any Commission to inquire of Lands unlesse his lands be worth forty marks per Annum in paine of xx l. VII Stat. 33. H. 8.22 An Escheator shall not take for the finding of an office of lands that exceed not the cleare yearely value of 5. l. per Annum above 15. s. viz. for his owne Fee 6. s. 8. d. for writing the office 3. s. 4. d. for the charges of the Jury 3. s. and for the officers above that are to receive the office 2. s. Estreates 1. Stat. 9. E. 3.5 Just of Ass G. D. and Oy and Term. before they send their Records into the Exchequer shall take Estreats out of them II. Stat. 31. E. 3.3 A man or town charged in the Exchequer by the Estreats of the Justices with the detaining of the goods of fugitives or Felons shall be discharged upon producing another that is chargeable III. Stat. 42. E. 3.9 The party Chargeable by the Estreats of greene wax upon payment thereof shall see the schedules themselves under seale and totted for default whereof if he shall be afterwards damnified the Sheriffe shall pay him treble damages to be recovered before Just of P. or other Justices and shall besides make fine to the King S. Indictments 5. Iurors 9. Iuft of P. 18. Excommunicate persons S. Bailment 1. Fighting Sheriffs 4. Extortion S. Actions popular 15. Faires S. Horses 11 c. 16 c. Fasting dayes S. Fishdayes Feasants S. Hawkes Felony I. STat. 9. H. 3.22 The King shall have Annum diem et vastum in Felons lands and then they shall be delivered to the Lords of whom they are holden II. Stat. 3. E. 1.12 Notorious Felons which refuse lawfull triall shall suffer strong and hard Imprisonment III. Stat. 1. E. 2. It shall be Felony for any person to break Prison being in for Feonly otherwise not IV. Stat. 5. H. 4.4 It is felony to multiply gold or Silver V. Stat. 5. H. 4.5 It is felony to cut out the tongue or put out the eyes of any of the K. Subjects VI. Stat. 8. H. 6.12 Imbezeling of a Record whereby any judgement shall be reversed is Felony VII Stat. 1. R. 3.3 Justices of P. have in Sess power to enquire of the Escape of Felons VIII Officers shall not seise the goods of any arrested or imprisoned for suspicion of Felony before his conviction in paine to forfeite double the value of the goods so taken IX Stat. 3. H. 7.14 Conspiring by any of the Kings sworne Servants to destroy the King any Lord
or Counsellor sworne shall be adjudged Felony X. Stat. 6. H. 8.6 The I. of the K. B. have power to remitt out of that Court Prisoners committed for felony or Murder to be tried in the country where the offence was committed XI Stat. 21. H. 8.11 After Attainder of a Felon the Justices before whom the Felony was tried shall by a Writ of Restitution command the stoln goods to be restored to the right owner XII Stat. 22. H. 8.11 It shall be Felony to break downPowdike in Norfolk and Oldfield dile in the Isle of Ely XIII Iust of P. there have power to heare and determine this Offence XIV Stat. 24. H. 8.5 There shall be no forfeiture of lands or goods for the killing of any person that attempteth to Murder rob or burglarily to break any Mansion-house XV. Stat. 31. El. 4. It shall be Felony to imbesill any warlike habiliments or victualls provided for Souldiers and others to the value of xx s. worth unlesse the delinquent be not prosecuted within one yeare after the offence committed or otherwise shall discharge himselfe by lawfull proofe XVI For this offence none shall incurre corruption of Blood or forfeiture of Inheritance or Dower XVII Stat. 43. El. 13. In the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresime the carrying away or detaining of any person against his will the assenting or aiding to the taking or detaining of any person the receiving or carrying of Black Maile the giving of black Maile for protection or the burning of Barnes or stacks of grayne shall be adjudged Felony without Clergy which the I. of Ass G.D. and P. have power to hear and determine XVIII The names of persons outlawed there for felony shall be delivered by the Clerks of the P. to all Sheriffs Maiors and other Head officers to be proclaimed throughout all the said Counties And with them none shall converse in paine to suffer six moneths Imprisonment andnot to be enlarged till surety be given for the good behaviour during one whole yeare after such Imprisonment XIX I. of Ass G. D. Oy and Term. of P. have power to punish the negligence of officers in this behalf XX. This Act shall not impeach the authority of the Lord Wardens of the Marches S. Bailment 3.6.7.11 Clergy Hunters 5. Labourers 1. Masons Matrimony 1. Murder 5. Felonsgoods S. Felony 8.12 Fighting and quarrelling I. Stat. 5.6 E. 6.4 None shall use chiding words in the Church or Churchyard in pain of Suspension for so long time as the Ordinary shall think fit viz. of a lay man ab ingressu Ecclesia and of a Clerk à Ministerio officii II. He that useth violent hands there is thereby excomunicate ipso facto II. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before I. of Ass of Oy and T. or of P. in Sess by verdict his own Confession or two lawfull witnesses shall by Judgement of the said Justices have one of his Eares cut off and in case he want Eares shall be burned upon the Cheek with the Letter F. and shall stand excommunicate Ipsofacto S. Maintenance 7. c. Fish Fishers Fishing I. Stat. 13. E. 1.47 Salmons shall not be taken betwixt the Nativity of our Lady and Martlemas nor young Salmons betwixt the middest of Aprill and Midsommer II. Overseers of this statute shall be appointed and sworne to enquire after the offenders who for the first time shal be punished by burning their Nets or Engines for the second by a quarter of a years imprisonment for the third by a whole yeares imprisonment and as the offence increaseth so shall the punishment III. Stat. 13. R. 2.19 No Fisher shall use any Engine by which the fry of Fish may be destroyed upon the paines mentioned in the Stat. of 13. E. 1.47 IV. Salmons in Lancashire shall not be taken betwixt Michaelmas and Candlemas V. Conservators shall be sworne to see this statute observed and the offenders punished VI. Stat. 17. R. 2.9 Just of P. shall be Conservatour of Statutes of 13. E. 1.47 of 13. R. 2.19 and shall have power to search all Weares least by their straitnesse the fry of fish might be destroyed VII Iust of P. have power to appoint and swear under conservators to heare and determine in Sess offences of this kind and to punish the offenders by Imprisonment and fine whereof the under conservator which informes is to have half VIII The Maior or Warden of London hath like power in Thames from Staines to London and in Medeway as far as the Citizens grant extends IX Stat. 22. E. 4.2 The contents of Vessells of Salmon Hering and Eeles And how fish shall be packed X. Stat. 11. H. 7.23 The selling of Salmon and Eeles their vessells The packing searching and gaging of them and what Fee is due for the same XI Stat. 1. El. 17. None shall use any net or engine to destroy the spawne or fry of fish or take salmons or Trowts out of season or Pikes shorter then ten inches Salmons then 16. Trowts then 8. and Barbells then 12. or use any engine to take fish other then an Angle or a net or tramell of two inches and an half meshe in paine to forfeit 20. s. the fish wrongfully taken and the net or Engine wrongfully used XII All persons having jurisdiction of Conservancy upon streames or waters and Lords of leets have power upon the oathes of twelve men to heare and determine these offences and shall have all the forfeitures which accrew therupon XIII The steward of a Leet shall give this statute in Charge to the Jury in pain of xl s. to be divided betwixt the Queene and the Informer XIV Here if the Jury wilfully forbeare to present offences of this kind the Steward or Bayliffe shall impannell another Jury to enquire of their default which being found the first Jury shall forfeit xx s. a piece XV. Upon default of presentment in leets within one yeare Just of P. in Sess Just of Oy and Term. and Just of Ass in Circuits have power to heare and determine the said offences XVI This Act shall not restraine the taking of Smelts Leches Mineis Bulheads Gudgions or Eeles with nets or Engines formerly used so that no other fish be taken therewith nor shall extend to abridge any Farmer priviledge of Conservancy lawfully enjoyed or of Fishing in Tweede Vske or Wye or in waters set to farme by the Q. Majesty So that the spawne or Fry of fish be not therein wilfully destroyed XVII Stat. 5. El. 5. None shall set price make restraint or take toll except at Kingstone upon Hull of any Sea fish imported in paine to forfeit the value thereof and here it shall be lawfull to withstand the Toll taker XVIII No purveyour shal take any Seafish brought out of a Subjects Ship without the parties consent in pain to forfeit the double value thereof and here also it shall be lawfull
said Just are not to intermeddle in Corporations for the execution of this Law XI When one parish extends into severall Counties or Liberties the Justices or head Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt Jurisdiction and shall render accompt as aforesaid to the Justices or head Officers of both places XII If it happen no Overseers to be appointed according to this Statute every Just of P. or head Officer of that Division or Corporation shall forfeit 5. l. to be levied by a Sessions warrant and imployed to the use of the poore of the Parish where such default is made XIII The forfeitures of this Statute shal be imployed to the use of the poore as aforesaid and shall bee levied by distresse and commitment as is above remembred in the fifth clause XIV Justices of P. of every County and Corporation or the more part of them at their Easter Sessions shall yearely or as often as they shall thinke fit rate every Parish at a certaine summe to be paid weekly but so as no parish may pay more then six pence nor lesse then a halfe penny and one Parish being considered with another not above two pence a piece through the whole County or Corporation which summes so rated the Church-wardens and Constab of every Parish or any of them or in their default a Just of P. have power to assesse and levie by distresse sale and commitment as aforesaid XV. Justices of P. shall then likewise rate every parish towards the reliefe of the Kings Bench and Marshalsie and also of Hospitals and Almes-houses situate within their severall Jurisdictions appointing onely so much to the said Hospitals and Almes-houses that the Kings Bench and Marshalsie may each of them receive at least 20. s. yearely out of every County And the summes thus to be assessed upon every Parish the Churchwardens there shall collect and pay over quarterly to the high Constable of that respective Division ten dayes before every quarter Sessions and the high Constable shall every quarter Sess pay the same over to the two Treasurers of the County or one of them to be yearely chosen by the more part of the Justices of P. and such Subsidie-men as were taxed in the last rate of Subsidies at 5. l. lands or 10. l. goods which Treasurers so chosen shall yearely at Easter Sessions render a true accompt to their successors and pay the moneys in their hands to the L. Chiefe Justice of the Kings Bench and the Knight Marshall by equall portions And here the Churchwarden or his Executors c. which failes in payment to the high Const shall forfeit 10. s. and the high Const or his Executors c. which failes in payment to the Treasurers shall forfeit 20. s. to be levied and imployed by the said Treasurers as aforesaid XVI The stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVII The Treasurer that refuseth to execute his office to distribute reliefe or to accompt as the more part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assise three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorized by the rest XVIII A provision for the Island of Fowlenesse in Essex XIX Upon an Action brought for the due execution of this Act the defendant may plead the generall Issue and yet give speciall matter in evidence and shall also recover treble damages and his costs of suit XX. Stat. 1. Jac. 25. All persons to whom the Overseers of the poore shall according to the Statute of 43. El. 2. bind any children Apprentices may take receive and keep them as Apprentices Stat. 21. Jac. 28. XXI Stat. 3. Car. 4. All persons to whom the Overseers of the poore shall according to the Stat. of 43. El. 2. binde any children Apprentices may take receive and keep them as Apprentices XXII The Churchwardens and Overseers of the poore mentioned in the Statute of 43. El. 2. may with the consent of two or more Just of P. 1. Qu. within their respective limits wherein there shall be more Just of P. then one and where no more shall be then one with the assent of that one Justice set up use and occupie any Trade Mystery or Occupation onely for the setting on worke and better reliefe of the poore of the parish or place where they so beare office respectively Poulters S. Victuall 2. 10. Powdike in Norfolke S. Felony 13. Poysoning S. Murder Presentments S. Indictments Priests S. Recusants Prisons Prisoners Gaoles Gaolers I. Stat. 4. E. 3.10 Sheriffes and Gaolers shall receive offenders without any thing taking in paine to be punished by the Justices of Gaole-delivery II. Stat. 14. E. 3.10 Gaoles which were wont to be in the Sheriffs custodie shall be againe rejoyned to their Baliwicks See Stat. 13. R. 2.15 19. H. 7.10 III. The Gaoler which by dures compels a prisoner to become an Approver shall have judgement of life and member IV. Stat. 5. H. 4.10 Justices of P. shall imprison none but in the common Gaole V. Stat. 14. El. 5. Just of P. in Sess or the more part of them have power to tax every parish in the County but not above 6. d. or 8. d. a piece towards the reliefe of prisoners which tax the Church-wardens of every Parish shall levie every Sunday and pay it in quarterly to the high Constable or in a Corporation to the head Officer and the high Const or head Officer shall pay the same at every Qu. Sess to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners VI. The Church-wardens high Constables head Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5. l. to be divided betwixt the Queene and the prisoners VII Justices of P. within the County shall not intermeddle within a Corporation for the execution of this Act but onely the Maior or head Officers of the same VIII Stat. 3. Jac. 10. An offender which is to be conveyed to the Gaole shall beare all charges both of himselfe and of those which guard him IX If he refuse so to do upon warrant from a Just of P. the Constable of the township where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justice shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender X. If the offender hath no goods to satisfie the charges the Constables Church-ward●ns and two or three other honest Inhabitants or in case there be no such Officers there foure of the principall Inhabitants of the Parish where he was taken shall make