Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	county_n	say_a	sheriff_n	2,933	5	10.0525	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90169	Orders establisht in the popish generall assembly, held (under the specious pretence of supreme authority, and being his Majesties good subjects) at the city of Kilkenny in Ireland. Wherein both root and branches of the English nation, as also the very essence of Protestant religion are wholly struck at.	Ireland. General Assembly at Kilkenny.	1643 (1643)	Wing O398; Thomason E60_19; Thomason E91_9; ESTC R353	7,751	16

heare and determine all matters of the Crown as Judges of Oyer and Terminer and Goale delivery were wont to doe so that no spirituall person be present at the determining of matters of blood and shall have power to heare and determine all civill Causes and to establish Rents and Possessions so they meddle not with the title of land other then in case of Dower or Joynture and the Sheriffs Provinciall Generals and all Commanders of the Armies in case of disobedience are respectively required to execute the Decrees and Orders and in case of Debts and Accompts great consideration is to be had of the disabilities of Creditors occasioned by the warre 7. Item In every County there shall be a County Councell consisting of one or two of each Barony at the election of the County and where there are not Baronies the Councell of such County to consist of the number of twelve and the said County Councell shall have power and authority in all points as Justices of the Peace to heare and determine all matters concerning the Offices of the Justices of Peace and all matters of the Crowne happening within every such County and the Delinquent being a Free-holder may if he please have his triall in the Province and heare and determine debts trespasses and personall demands and to doe all things as Justices of the Peace were accustomed to doe and to restore and establish Possessions taken by force or fraud since these troubles and likewise to take a speciall care that Tenants and Farmers bee kept to their Farms where they were used and to be preserved from extortion and oppression and that Trades Tradesmen Manufactures Agriculture and Husbandry bee maintained and duly kept 8. Item In every County there shall be Corronors high Sheriffs high Constables petty Constables and Goalors who are to do their respective Offices as accustomed the high Sheriffe to be confirmed or nominated by the Supreme Councell out of three to be presented by the County Councell and the high Sheriffe is required to execute the Command Orders and Decrees of the Provinciall and County Councell 9. Item In Cities and Towns Corporate Justice is to be done and the Lawes executed as is accustomed 10. Item In every County the high Sheriffe shall be Provost Marshiall and shall have power to execute a lay man not worth five pounds and none other for murder man-slaughter burglary theft robbery or other capitall offence provided the party to be executed may have foure and twenty houres time to prepare his soule and that the Supreme or Provinciall Councell shall and may name more Provost Marshialls as they shall think expedient quallified with the like authority 11. Item It is further ordered that no temporall Government or Jurisdiction shall be assumed kept or exercised in this Kingdome or within any County or Province thereof during these troubles other then is before expressed except such Jurisdiction and Government as is or shall be approved by this Generall Assembly or the Supreme Councell 12. Item It is further ordered that whosoever hath entred since the first day of October 1641. or shall hereafter during the continuance of the warre in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of October either by himselfe or his under Tenants or by receiving the Rents Issues or Profits thereof shall immediately restore upon demand the said Possession to the party or parties so put out with such reasonable dammages as the Councell Provinciall or Supreme shall think fit and if the party refuse to restore the said Possession as aforesaid upon demand of the party so put out his heires or assignes made to the said possessor his servants or adherents in the premises or publication of this Order within the parish where such land lieth that upon his or their deniall thereof or default therein he his heires and assignes shall be for ever after debarred and secluded from all and every right title interest and demand which he or they may make or pretend to all or any the said lands tenements or hereditaments and if after such deniall or default made the said party his heires or assignes shall not immediately restore the possession of the said lands tenements or hereditaments so gained to the party grieved his heires or assignes that he they and his or their adherents in the premises shall be declared and proceeded with as enemies Provided and so it is meant that if any of the parties so put out be declared a Neuter or enemy by the Supreme or Provinciall Councell then the party who gained the possession as aforesaid shall give up the possession to such Person or Persons as shall be named either by the said Councell Provinciall or Supreme Councell to be disposed of towards the maintenance of the generall Cause upon the paine and penalty aforesaid And as for the Rents and meane Profits of the said lands ●●●●menes and hereditaments and all kinde of Rents and the goods or chattels taken or detained from any Catholike as aforesaid due satisfaction is to be made for the same to the parties from whom the Rents Goods or Chattels were or shall be detained since these troubles begun as the Provinciall Councell or County Councell shall respectively order 13. Item It is further ordered and established for the removeall of evill disorder and enmity and to the end that all men may bend their thoughts and actions to the Common Cause that all possessions of Lands and Hereditaments shall continue and remaine unto such as have already joyned in this union as they have beene for three years past next before the begining of these troubles and that no title of Lands shall be drawn into any debate or question untill the next Assembly other then in case of Morgages Leases and particular estates de facto determined or determinable by effluction or other determination thereof 14. Item For the avoiding of nationall distinction between the subjects of his Majesties Dominions which this Assembly doth utterly detest and abhor which ought not to be endured in a well governed Common wealth It is ordered and established that upon paine of the highest punishment which may be inflicted by authority of this Assembly that every Roman Catholike as well English Welsh and Scotch who was of that Profession before the troubles and who will come and please to reside in this Kingdom joyn in the present union shall be preserved and cherished in his life goods and estate by the power authority and force if need require it of all the Catholikes of Ireland as full and freely as any Native borne therin shall be acquitted eased of one third part in three parts to be divided of publique charges or leavies raised or to be raised for the maintenance of this holy warre 15. Item And it is further ordered established that there shall be no distinction or comparison made betwixt old Irish and old or new English or betwixt

septs and families or betwixt Citizens Townsmen Countreymen joyning in this union on pain of the highest punishment that can be inflicted by any the Councells aforesaid according to the natureland quality of the offences and division like to spring thence 16. Item It is further ordered and established that all new Converts borne in any his Majesties Dominions or elswhere without manifest occasion given by the persons converted to the contrary and joyning in this Cause shall be accompted Catholikes and Natives to all intents and purposes 17. Item It is further ordered established that all Artificers Artizans Navigators Marriners not being Denizens who shall please to reside in this Kingdome shall during their residence in this Kingdom after such time as they their familles shall be here setled have and enjoy their free liberties and priviledges of Natives in all respects Item It is further ordered established that in regard of the present estate condition of this kingdom especially if he a Catholik or any other Catholik is admitted of or permitted to continue in the Ins of Court to the end the laudable laws of Eng. Ireland may not dy amidst the disasters of these times one In of Court shall be erected in such place of this kingdom as to the supreme Councel shal be thought fit for the training of the Gentry of this kingdom to the knowledge of these laws 19. Item It is further ordered and established that no Lord Gentleman or other person shal raise or keep any company of souldiers but such as shal be authorized by the supreme Councel Provinciall Councel or County Councel or Magistrate with their own corporate Towns and that the Statute against Sesse Coyn or Livery be duly put in execution and that no company or souldiers whatsoever shall be paid or relieved by the Country excepting such as are or shall be enrolled in the Marshals list and none shall be billited but by the Constable 20. Item It is further ordered established for the advancement of learning that in every Province of this kingdom Free schools shal be erected maintained so many in such places and in such manner form as to the Metropolitan of the Diocesse in their respective Provinces shall be thought sit 21. Item It is further ordered and established that the Kings Customes Rents Revenues Arreares and Dues and the Rents Estates and Profits of the Lands Hereditaments Goods and Chattells of the enemies which are or shall be declared by the Provinciall or Supreme Councell or by the Generall Councell bee received and collected and be disposed for his Majesties use and service Item It is further ordered and established that Church Lands and Tithes impropriate in the Catholike owners before these troubles and joyning in this Cause may be left to them according to their severall Estates untill the same be disposed of by Parliament they in the interim answering the Rents as accustomed 23. Item It is further ordered and established that in every County there be Collectors and Receivers to be approved by the County Councell for the same and that they be accomptable to the County Councell for the same which County Councell shall be accomptable to the Provinciall Councell therein halfe-yearly and the Provinciall Councell to the Supreme Councell yearly to the end the same may not be concealed or misapplied 24. Item It is ordered and agreed where any Archbishop Bishop or other dignitory or any other person or persons whatsoever hath or enjoyeth any Lands Tenements or Hereditaments Tithes or Church livings in one County or Province or doth or shall keep his or their residence in another County or Province and hath his or their creation or nomination in any other County or Province where the said Lands Tenements and Hereditaments Tithes or Church livings to the generall use shall be employed within the said County and Province where the said Lands Tenements Hereditaments Tithes or Church livings doe lie as by the severall County Councells respectively shall be thought fit for the Publique Cause 25. Item It is ordered and established by the Generall Assembly that any woman being a Roman Catholike and wife of any Protestant or Catholike that hath forsaken his houses estate and wife and adhere unto the enemy that every such wife may enter into her Jointure if any be conveighed unto her or may recover her thirds of her said husbands estate as if her said husband were actually dead and that every such wife shall be in such condition and capacity to sue and be impleaded as if her husband had beene exiled or banished the Realme by judgement of Law except the Provinciall or Supreme Councell in particular cases order the contrary 26. Item It is ordered and established that the possession of Protestant Archbishops Bishops Deanes Dignitories and Parsons in right of their respective Churches or their Tenements in the begining of these troubles shall be deemed taken and construed as the then possessions of the Catholike Archbishops Bishops Deanes Dignitories Pastors and their Tenements respectively to all intents and purposes and that those possessions are intended within the precedent Order for settlement of possessions 27. Item It is ordered and established that no man being prisoner by authority of any the Councels aforesaid shall be enlarged without the Order of the said Councels respectively and that no protection be given to servants or other men of the enemies party without the like Order or the Order of the chiefe Commander of the Army in the severall Provinces of Counties 28. Item Whereas abuses have beene committed in some parts of this Kingdome in taking of Armes Ammunition and other Merchandizes from Merchants arived in Creeks or Harbors farre from their intended Port by reason of tempest or the dangers of enemies to the great discouragement of the Merchants It is therefore ordered and established that where any Ship or Ships or other Vessels shall come or arrive in any Harbor Bay or Creek within this Kingdome loaden with Armes Ammunition or other Merchandizes that in such cases all those who are or shall be in Command in the adjacent Counties respectively shall protect and defend the said Merchants their goods and servants and shall at the charge of the said Merchants procure carriage for the said goods and safely conveigh the same to the said Merchants intended Port and not to suffer the same or any of the same under colour of paying for the same or otherwise to be disposed of or taken before the same come to the intended Port and be entred into the List of the Commissioners or by the expresse direction in writing of the said Commissioners and any that shall rob steale or violently take away any of the said Goods contrary to this Order shall be deemed and punished as enemies to the publique good of this Kingdome and suffer death therefore 29. Item That certaine Commissioners shall be appointed in every Port Towne of the Freemen and Residents therein by the Provinciall or Supreme Councell for the viewing of all the Armes and Ammunition that shall be hereafter imported into this Realme from beyond the Seas and to certifie the same to the Supreme Councell with all speed and to prevent abuses in the sale or issuing or disposing of them 30. Item It is ordered and established that where Souldiers doe runne from their Garrisons or Commanders unto other Counties and Provinces that the Commanders or chiefe Governours of the said County or Province upon complaint made thereof shall send back the said fugitive Souldiers to their Commanders to be dealt withall according unto Justice 31. Item It is ordered and established that the Debts and other Duties owing to Creditors of this union being Neuters and Enemies shall be paid out of the Goods Lands Tenements and Hereditaments of the said Neuters and Enemies respectively before any other publique Charge bee answered thereout 32. Item It is ordered and established that no Souldiers or other Persons without command from the County Councell meddle with the lands or goods of Neuters or Enemies 33. Item It is ordered and established that to prevent the springing up of all Nationall distinctions the Oath of Association or Union be taken solemnly after confession and receiving the Sacrament in the Parish Churches throughout the Kingdome and the names of all the Persons of Rank and Quality in every parish that takes the same bee enrolled in Parchment and be returned signed and sealed by the Parish Priest to the Ordinary of every Diocesse who is to keep the same in his Treasury and to certifie a Copy thereof under Seale to the Metropolitan who is to keep that and to certifie a true Copy thereof under his Metropoliticall Seale to the Rols of the Kingdom where the same is to be enrolled FINIS