Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	treasurer_n	2,704	5	10.8093	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42380	The compleat constable directing all [brace] constables, headboroughs, tithingmen, churchwardens, overseers of the poor, surveyors of the highways, and scavengers in duty of their several offices according to the power allowed them by the laws and statutes, continued to this present time, 1692 : also directions for the London constables, to which is added a treatise of warrants and commitments proper for the knowledge of all constables, &c.	Gardiner, Robert.	1692 (1692)	Wing G238B; ESTC R40879	79,778	167

a number of Carts and Carriages which the Constables upon their Warrant are to Press and provide each Cart furnished with four able Horses or four Oxen and two Horses to be paid six Pence a 6d a mile mile for every mile they go laden to be paid in hand at Lading and not to go above one days Journy which if any shall refuse without reasonable cause he forfeits 40 s. to be levied by the Constable on a Forfeiture Warrant And if the Justice or Constable take any Bribe to spare any fit person from such Carriages or Press more Carriages than directed he forfeits 10 l. Note this last Act is expired and primo Jac. I was revived but was to continue but till the first Session of next Parliament and therefore is now expired * Provision for Carriages by Land and Water for their Majesties use And by the Stature 14 Car. 2. cap. 20. two or more Justices by Warrant from Commissioners of the Navy or Master of the Ordnance are to cause Constables to provide Carriages for 12. miles round from the place of Lading who are to have 12 d. a mile for every Load of Timber and 8 d. a mile for every Tun of other 8 d a mile Commodities and such as refuse being warned to send their Teams forfeit 20 s. But they must be paid in hand and are to Travel no further nor work any longer than the Justices shall order Note this last Act was expired but revived again for 7 years by an Act 1 Jac. 2. and now again almost expiring CHAP. VII The Constables Office about Cloth c. CONSTABLES on request to them The Constables to assist the Wardens for regulating Worsteds c. Also the Wardens for Kidderminster Stuffs made are to be aiding and assisting to the Wardens and Assistants to regulate the Trade of Worsteds and other Stuffs called Norwich Stuffs made within the City of Norwich and County of Norfolk 14 Car. 2. cap. 5. Likewise upon request they are to be aiding and assisting to the President Wardens and Assistants for regulating the making of Kidderminster Stuffs within the Burrough and Parish of Kidderminster by the Act 22 23 Car. 2. cap. 8. Note The High Constable has a further Power about Clothiers and Spinsters of which more hereafter when we speak of the High-Constable alone CHAP. VIII The Constables Office about Their Majesties Customs c. ALl Constables Headburroughs and Constables to assist those that manage their Majesties Customs other the Kings Officers of the Admiralty Captains and Commanders of Ships Forts Castles and Block-houses c. and other the Kings Subjects are to be aiding and assisting to all and every person and persons which are or shall be appointed to manage his Majesties Customs and if molested therefore may plead the General Issue 14 Car. 2. cap. 11. By the Stat. 12 Car. 2. cap. 19. Sheriffs Constables to search for uncustomed Goods Justices and Constables are upon request to be aiding to any person having a Warrant from the Lord Treasurer or any of the Barons of the Exchequer or Chief Magistrate of a Port for the Search of accustomed Goods who with such Assistance may enter into any House in the Day time where such Goods are suspected to be concealed And in case of Resistance may break open House may be broke open the House and seize and secure such Goods But no House shall be entred by virtue False Information and Damages recovered of this Act but within a Month after the Offence supposed to be committed And if the Information whereupon any House shall be search'd prove false the Party injured shall recover full Damages and Costs against the Informer in an Action of Trespass 12 Car. 2. cap 19. This Act confirmed by 13 Car. 2. cap. 7. Such as are authorized by Writ of Assistance Writ of Assistance out of the Exchequer are to take a Constable Headburrough or other Officer inhabiting near the place and in the Day time to enter into any House Shop Ware-house c. And in case of Resistance to break open Doors Chests c. and there to seize and bring away any prohibited Seizure of Goods and uncustomed Goods and Merchandizes and to secure the same in Their Majesties Store house in the next Port 14 Car. 2. cap. 11. And the like provision is made by a Statute 1 W. M. for prohibiting Trade and Commerce with France Taxes and Aid-Mony BY an Act 2 W. M. for granting an Aid to Their Majesties of the Sum of 1651702 l. 18 s. viz. 137641 l. 18 s. 2 d. by the Month for 12 Months from 25 Decemb 1690. Constables are to assist the Collectors to Constables to distrain and break open Houses c. Distrain and in the Day time to Break open the Houses and upon Warrant from two or more of the Commissioners the Chests Trunks c. where the Goods are of such as refuse to pay their Assessments That where the Lands or Houses are How to distrain when the Houses c. are unoccupied unoccupied and no Distress to be found and thereby the Parish c. charged the Collectors Constable or Tithingman of the Parish Place or Constablewick at any time after may enter and distrain upon the Lands or Houses and the Distress being the proper Goods of the Owner of the Land c. if not redeemed within four days by payment of the Tax and charge of Distress to sell rendring the Overplus and to distribute the Distress proportionably to the Parties who contributed to the Tax of the said unoccupied Lands If Wood-lands be Assess'd and no Distress How to levy the Tax upon Woodlands to be had the Collector Constable c. may by Warrant from two or more of the Commissioners of the Hundred or Division at seasonable times in the Year cut and sell so much Wood as will pay the Assessment behind and the charge incident thereunto rendring the Overplus and the Party to whom it is sold may sell cut down and dispose of the same to his own use If the Assessment be upon Tithes Tolls How upon Tithes Tolls and Annual profits or Annual Profits not distrainable and not paid within 15 Days after demand the Collector Constable c. by like Warrant from the Commissioners may seize and sell so much of the Tithes Tolls or other Profits so charged sufficient for the Tax and Charges occasioned rendring the Overplus c. 2 W. M. CHAP. IX The Constables Office about Distress for Rent c. WHere any Goods or Chattels shall Distress for Rent reserved upon Demise Lease or Contract Notice of the Distress be distrained for any Rent reserved and due upon any Demise Lease or Contract whatsoever and the Tenant or Owner of the Goods so distrained shall not within 5 days after such Distress taken and Notice thereof and of the Cause left at the Dwelling-house or most notorious

Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have Authority in this County First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his

the Bills of Mortality if the Warrant so directs Ibid. No Dwelling-house of a Peer shall be Searching of the House of a Peer searched but by Warrant from the King under the Sign Manual or in the presence of the Lieutenant or one Deputy Lieutenant Ibid. In case of Resistance it shall be lawful In case of Resistance to enter with Force and the Arms seized may be restored if the Lieutenants their Deputies or any two of them think fit 13 14 Car. 2. ca. 3. High Constables Petty-Constables and other Officers shall be assisting in the Execution of the Premises The Constables also by Warrant for Constable to levy Fines c. that purpose under the Hand and Seal of the Lieutenants and their Deputies or three of them are to Levy to such Sums as shall be charged upon such as neglect to provide Horse-men and Foot-men Arms c. according to the Act 14 Car. 2. ca. 3. 15 Car. 2. ca. 4. And where sufficient Distress cannot be Lack of distress and commitment had Then the Lords Lieutenants or their Deputies by like Warrant to the Constable may commit such Offender to Prison until he shall make satisfaction according to his Forfeiture Payment or Penalty 15 Car. 2. Ca. 4. The Constables or their Deputies Headburroughs Constables to seize Popish Recusants Arms and Tything men from time to time are to assist such as shall be impowred by Warrant under the Hands and Seals of two Justices of Peace or more to search for all Arms Weapons Gunpowder or Ammunition which shall be in the House Custody or Possession of any Popish Recusant and to search the same for the use of their Majesties Stat. 11. Maii primo W. M. All Popish Recusants and other Persons Disturbers to be committed concealing Popish Recusants Arms or disturbing such as are authorized to search and seize the same shall by like Warrant as aforesaid be committed to the common Gaol for three Months without Bail and shall forfeit the said Arms and lose treble the value of them to their Majesties and their Successors Also the Constables c. are to be aiding To seize the Horses of Popish Recusants above 5 l. value as aforesaid to search for the Horses of Popish Recusants above the Value of 5 l. a piece and to seize the same for their Majesties use and to carry to Gaol such as shall conceal any such Horses to be committed by like Warrant for 3 Months without Bail and to forfeit treble the value of such Horse or Horses 1 W. M. 11. Maii 1689. The Constable also is to obey the Justice Amoving Papists 10 Miles from London and Westminster his Warrant for bringing before him and amoving Papists and reputed Papists from the Cities of London and Westminster and 10 Miles distant from the same 14 April 1 W. M. 1689. CHAP. IV. Account BAyliffs Constables and Sheriffs and other Officers are to Execute the Orders and Precepts of the Commissioners appointed to Examine and State the publick Accounts of the Kingdom by an Act 2 W. M. CHAP. V. The Constables Office about Seizing of Cattle c. COnstables Tything-men Headburroughs Constables to Seize Irish Cattle Church Wardens or Overseers of the Poor or any other Person may take and Seize all great Cattle Sheep or Swine or any Beef Pork or Bacon brought from Ireland And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattle Sheep and Swine to be killed and the Hides and Tallow shall be to the Seizor and the Remainder to be Distributed by the Church-wardens and Overseers amongst the Poor of the Parish where any such great Cattle Sheep or Swine shall be Imported or found Stat. 18 Car. 2. Cap. 2. 20 Car. 2. ca. 7. 32 Car. 2. Cap. 2. The Seizor Church-warden or Overseer Penalty upon Seizor for neglecting his Duty failing in his Duty shall forfeit 40 s. for every one of the great Cattle and 10 s. for every Sheep or Swine which should have been so killed and distributed One Moiety to the Poor of the said Parish the other to the Informer to be levyed by Distress and Sale of the Offenders Goods Commitment for want of Distress by Warrant from any one Justice of Peace and for want thereof the Offender to be committed to Gaol for thee Months without Bail 32 Car. 2. Cap. 2. Mutton and Lamb Imported shall be Mutton and Lamb to be Seized subject to the like Seizures and the Importers and Sellers to the like Penalties as they are for Importing of Beef Pork or Bacon and so it is for all Butter and Cheese which shall be Imported from Ireland 32 Car. 2. ca. 2. And Note That if any great Cattle A 2d Seizure may be made Sheep or Swine which have been Seized shall be found alive in any other Parish or Place they are subject to a 2d Seizure and to be killed for the benefit of the Seizor and the poor of the Parish or place in the same manner as is ordered upon the first Seizure And if there be any English Scotch Intermixed Cattle all forfeited or other Cattle intermixed with Irish Cattle They shall all be deemed and forfeited as Irish 32 Car. 2. ca. 2. CHAP. VI. The Constables Office about providing Carriages c. for the King THe Constables formerly by many Statutes had much to do in taking up Provisions and Carriages for the King and his Court But by the Statute 12 Car. 2. Cap. 24. as concerning Provisions Pre-emption and Purveyance taken away It is Enacted That no Pre-emption that is a Priviledge of Buying before others shall be allowed the King or any of the Royal Family in or out of any Market but the Subjects may dispose of their Goods as they please Nor shall any Person by colour of Purveyance take any thing of any Subject without the Owners assent nor shall require any to find Horses Oxen or other Cattle or Carriages for any King or Queen c. without consent as aforesaid And if any shall make Purveyance or Purveyor committed to Gaol impress any Carriage otherwise one Justice and the Constable at the request of the Party grieved may commit him to Gaol and Indict him next Assizes or Sessions and the Party grieved may by Action recover treble Damages and treble Costs against the Offender 12 Car. 2. cap. 24. This Act confirm'd by 13 Car. 2. cap. 7. Provision made for the Kings Carriages in his Royal progress But it being found to be too prejudicial to the King if the Subjects might not be forced at reasonable Rates to furnish the King with Carriages Therefore by a Statute 13 Car. 2. cap. 8. It was provided That the Clerk or Chief Officer of the Kings Carriages three Days before His Majesties arrival should give Notice to the two next Justices to the place to provide such

case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Myste●… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors