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judgement_n bring_v execution_n writ_n 2,149 5 9.7142 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78571 Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority. Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale. Well-willer to the publique weale. 1659 (1659) Wing C1938; Thomason E989_27; ESTC R208259 43,827 64

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before Judgment given but after Judgement either party that is wronged may bring a Writ of Appeal from the next superintendent Court and Execution shall be stayed till the matter thereof shall be heard in the same Court to which the Appeal shall be made which shall be the third Court-day after return of the first Writ which shall be executed by summons of some Court-Officer in person at least fourteen days before the day of appearance where the business shall be determined without any further Appeal by either party and execution shall be awarded upon the Decree or Order of that Court not to be Repealed This Case of Appeal not to extend to any contemner of Summons as aforesaid 9. Sheriffs In every County or Province a Sheriff shall be annually elected by Parliament who shall within one month after his appointment substitute in each Sub-province in his County or Province a Deputy which shall be approved by the next Provincial Registerial Court in which the Sheriffs election shall be subordinate to the Court and no one person to continue in that place more then one year the old Officers for the precedent year to officiate till the new ones for the next year shall be approved on and thereto Authorized by the Provincial Registry 10. Constable In each Parochial Registry shall be likewise every year elected an Officer by the name of Constable who shall have chief care of preserving the Peace and shall have the execution of all Writs issued from the Parochial Register other then such Summons as are elsewhere directed to be done by the Atturneys For choice of this Officer shall be presented three names by the precedent Constable to the Sub-provincial Registry who shall chuse and Authorize one of them Constable for the next year 11. Manner of Elections That no person shall be elected to the same Office either of Sheriff Sheriffs Deputy or Constable for the same liberty before seven years shall be elapsed after his serving thereof before he shall be new elected but that several persons be imployed therein from time to time and that no persons shall be elected to serve any such Office who shall not have Estate responsible to the Publique for what shall be intrusted with them 12. Collections That all Collections which shall be from time to time made and imposed on the Country shall be collected by the Constables and by them entred in their respective Parochial Registries and then paid to the Sheriffs Sub-provincial Deputy and by him and every of them entred in their respective Registries and then paid to the Sheriff and by the several Sheriffs to the Treasury of the Revenue to be appointed by Parliament for receipt thereof 13. Justices of Peace That one or more persons of quality in every Sub-province be and execute the place of Justices of the Peace and keep general Quarter-Sessions as is accustomed and also private monthly Sessions as often as need shall require and at each general Quarter-Sessions the Sheriff or under-Sheriff for that Province shall be present and also the several Constables or their sufficient deputies for the several Parishes and also one or more of the Church-wardens for every Parish to present what shall be amiss within their several and respective Liberties which shall not be taken care of or duely executed by the respective Registerial Courts and the said Justices shall have power to convent before them all Offenders and also all Registers Clerks Assistants or Deputies Atturneys and other inferiour Officers within the same Riding or Liberty for which the Sessions shall be kept and all other Misdemeanors and breaches of the Peace whatsoever and punish the Offenders and regulate the same as well as any superiour Court shall have power to do Each Constable shall annually elect under him a substitute in each Village Hamlet and Township within the Parish who shall be approved of and authorized by the Parochial Registerial Court whereby they shall be sworn truly to execute all Summons and other precepts to them sent and to endeavour to preserve the Peace and keep good Order and if any shall refuse so to do within their limits to return their names and offences to the Constable who shall for his year use the power of a Magistrate for punishment of all Offenders contrary to Law 14. Church-wardens Each Parish shall yearly elect so many Church-wardens as have been accustomed who shall be sworn by the Registerial Court to take care for the repairing beautifying of the Church Church-yard wall Gates and Stiles and to provide for convenient and decent furniture for the Church viz. for Books Cushions for the Pulpit Carpet for the Table Chalices or Cups for the Communion Candlesticks and Candles for celebration of Prayers Evening and Morning in Winter Bells Belstrings and Clock with the Appurtenances and shall see that all seats be conveniently placed and controul all irregularities in the Church they shall also take care for amendment of all Highways in their Parish and for providing for such poor as shall not be able to help themselves for there shall be no beggers permitted but if any so do they shall be sent by the next Officer to the Constable and by him sent to the common Work-house unless security be given to offend no more For doing of all which they shall impose such Assesments as shall be convenient to be collected and disbursed to and for several uses by the Constable who at his going out of Office shall accompt before the Registerial Court for all receipts and payments and shall within six days pay all Moneys remaining in his hands to the succeeding Constable for the next year which if he shall refuse distress or seizure of his Estate real or personal shall be made by the succeeding Constable by Warrant under the Registers Seal and if any Constable shall disburse more for any the uses aforesaid then he shall collect he shall upon clearing his accompts and allowance thereof by the Registerial Court and entry thereof with the Register be re-imbursed the same by the next Constable within one month which shall be allowed in his Accompts And if any succeeding Constable shall refuse to make payment of any such disbursements to the preceding Constable the same being allowed and entred in the Registry an Action of Debt shall lie to be recovered by way of distress by the Sheriffs deputy in the Sub-province and no allowance shall be made in his accompts of any charges expended therein All Assesments to be imposed by the Church-wardens aforesaid shall be entred in the Registry and by the Registers ordered to be collected signifying for what use or uses the same are imposed and not otherways 15. Actions of Trespass and Slander All Actions of Trespass and Slander shall be heard in the Parochial Court first where the same shall be committed and if the same shall be of greater concernment then the Court hath Cognizance be
alteration Insurrection or Rebellion but shall presently be discovered and thereby his Estate if not his person shall respond for the offence With many other conveniencies not particularized much tending to the Publique Weale For the doing of all which little trouble extraordinary nor any considerable charge can be to any particular party or Interest in the Nation neither can the same be valuable in respect of the settlement thereby to be obtained out of which yet there will arise a considerable Revenue to the Republique and the extraordinary expences of Travels and Lawyers Fees shall be taken off whereby the Country is at present much damnified for the benefit only of a few and those of no considerable interest in the Nation seldom at any time helpful bur frequently both to Prince and People bur then some who shall notwithstanding be hereafter better provided for then now they are and at an easier charge to the Country by far Whereby several shall be encouraged to enable themselves to be fitted therefore The Third Days Work The third brings unknown births to life By giving Laws for ending strife Let Registers their work attend Whilst we endeavour Laws to mend 1. Law ALL former precedent Customs notwithstanding let one Law be through the whole Nation whereby the Publique Interest may be best supported and each private moderately provided for and that one Prodigal Riotous person may not consume the Patrimony of a whole Family neither any one lord it over his brethern who not being educated in provident ways many times to supply themselves according to their Chimerical Gentilities consisting of nothing but Idlness turn Hectors Highway-men Trapanners and what not to support themselves in that looseness they have been by their improvident Parents or Ancestors trained up in but that each may be in some measure participant of his Ancestors industry let all Estates not exceeding 100 li. per annum where a personal Estate shall not be left answerable thereto be distributed amongst the children as follows that is to say to each son two parts or twice as much as shall be to any daughter and to each daughter 1 3 or half as much as shall be to any son only the eldest son or he whom the father shall think most worthy when such division sh●ll be made to have the first choice and the youngest the second and so likewise the daughters 2. Settlement of Estates But where the Estate personal shall equalize the Inheritance of 100 li. per annum there the eldest son or the most worthy in the fathers apprehension shall have the 100 li. Inheritance and the rest be divided as aforesaid and so of all greater Estates not more then one half descending to the eldest only if there shall be but two sons and no daughter there the elder to have two parts and the younger a third if two sons and one daughter the eldest son to have half the other half to be two parts to the son and a third to the daughter if two sons and two daughters half to the eldest and the remaining half to be half thereof to the younger son and the other remaining half between the two daughters equally to be divided These divisions to be where at least 200 li. per annum or 100 li. per annum and 2000 li. in money or personal Estate shall be left by the Ancestor The like proportion to be still held in all greater Estates The wives Estate to be as now either a third during life only or such proportion as shall be agreed upon before Marriage which agreement entered in the proper Registry shall be valid and good to all ends and purposes 3. In all Cases of descent Wives Joyntures the elder to be preferred before the younger and the son before the daughter the next Uncle or Cozen by the whole bloud before any other by the half bloud according to the descents now in use 4. Copie-hold made Freehold All Copyhold Estates to be made free by reasonable Compositions with the Lords as where Fines are certain payable upon every change there the value of two Fines and an half to redeem the servitude and where Compositions have not been formerly made according to the same proportion considering the Lords Interest equivalent to what it is and likewise all Reliefs and Hariots to be compounded for and for ever after to cease 5. All Lords of Mannors keeping constant Courts Baron and Courts Leet or either of them shall discontinue the same and shall have the value of the profits of their Courts responded out of the immediate profits of the Registry within whose limits the same Mannor shall wholly lie and be comprehended according as shall have been made thereof for ten years last past and all Hundred-Courts to cease and be for ever hereafter discontinued All antient services to any Lords of Mannors to cease Service to be compounded for but the Rents to continue and upon Entries thereof in the respective Registries to be ascertained and secured by the Law of the Registry only and all other Laws and by-Laws for recovery thereof to cease and be of no use for ever hereafter but where any services are valuable in money the value thereof at ten years purchase to be paid for Composition all Compositions to be entred in the respective Registries whereon the same are dependant or within whose respective limits the same lie In all Cases the Testimony of any Register under Seal of the Registry to be preferred before any other the same being taken and certified according to the rules aforesaid 6. Married women enabled to dispose It shall be lawful for any married woman of what degree rank or quality soever who shall have any Estate of Inheritance in her own disposal by acknowledging her consent thereto before the Register under whose immediate Cognizance the Estate shall lie or before the Parochial Register where she shall live he being thereto by the proper Register authorized and to whom the same shall be again certified and proceeded in as in other Cases to give grant and at her will dispose of all or any such Bstate which shall be good in Law to all intents and purposes 7. All Wills shall be proved Probate of Wills and administration granted by the Registerial Court within whose jurisdiction the party deceased lived at the time of death and by the Register of the same Court certified under Seal which shall be entred with the several and respective Registers with whom any Estate granted by such disposal shall lie within one month after the burial of all every or any person or persons whatsoever and in no case to be deferred past the fourth Court-day and then confirmation thereof to pass under the Seal of the Registry where the same shall be done in this Case the value to be considered as in other Cases relating to the jurisdiction of Courts 8. Appeal before judgement No Appeal shall in any case be brought