Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	peace_n	power_n	session_n	3,270	5	10.2826	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50260	Of repairing and mending the highways in five sections; touching, I: Removing obstructions in the highways, and scouring the ditches next adjoining. II. Draining the highways, and repai[r]ing them. III. IV. V. Providing material. Labourers. Carriages. Published for the use and instruction of young surveyors. By William Mather, a late surveyor of the highways in Bedford.	Mather, W. (William), fl. 1695.	1696 (1696)	Wing M1285; ESTC R217674	9,335	35

all and every of the Defaulters within one Month after every default made 22 Car. 2. Cap. 12. to some one Neighbouring Justice of the Peace who is to present the same at the next Quarter Sessions where the Offenders are to be Fined as the Laws and Statutes appoint But here again I must crave leave to say that it seems very unequal that every poor Cottager and Labourer who hath not Bread for himself and Family to Eat but what he Earns by his Labour from Day to Day should be Charged to Labour himself or to find a Labourer to work the Six Days in repairing the common Highways And therefore I cannot blame the Practice of some Surveyors in this Case especially of those that live in Corporate and Market Towns where the Poor abound in admitting the Children of Poor Cottagers and Labourers in Lieu of their Parents to Labour the Six Days in gathering Stones for repair of the Highways and in Conniving at the Absence of other Poor Cottagers that have no Children to send or in taking but a little Money of them for their defect For the utmost of Justice in this Case would be Injustice and Oppression Section V. Of Providing Carriages First EVery Person Inhabiting in your Parish 2 and 3 P. and M. Cap 8. 5 Eliz. 13 Occupied by him and lying in your Parish shall send a Cart or Wayn with Horses or Oxen and also two able Men with the same Six Days in every Year for the amending of the High-ways By a Plow-land in the Statute is not meant the quality of Land as Arable or Tillage but the quantity of Lands whether the same be Arable or Pasture In former Times the Subjects have been Taxed for all their Lands to the King only by a Plow-land or Hyde of Land which are both the same But what quantity of Land is intended by a Plow-land all Men have not agreed yet now it is commonly taken and allowed to be as great a Portion of Land as may be in one Year Tilled and Laboured with one Plough And if after that Rate according to the best of your Judgment you shall Charge any Occupier of Lands either Pasture or Arable lying within your Parish and he be Distrained for neglecting his Duty to the Highways 18 Eliz. Cap. 10. Sect. 9. according to that Charge he hath no Remedy if he finds himself Agrieved but by Appealing to the Justices of the Peace at their next General Quarter Sessions where they have Power to hear and determine it Note that the Occupier of a Plow-land is not Charged for the fame with respect to his or her keeping a Draught or Plow but with respect to the quantity of Land he or she Occupies in your Parish Secondly Every other Person that keepeth a Draught or Plow in your Parish 2 and 3 P. and M. Cap. 8. shall in like manner find and send one Wayn or Cart with Horses or Oxen. If any Person be Charged for Occupying a Plow-land he cannot also be Charged for keeping a Draught or Plow and if he keeps a Draught or Plow and Occupies no Plow-land yet he shall be Charged for keeping a Draught or Plow If the Person Charged for keeping a Draught or Plow keepeth more Draughts or Plows than one yet he shall be Charged to find but one Cart or Wayn with Horses or Oxen for neither the Statute of P. and M. nor any other Statute doth Charge him to find more than one although he that Occupies more Plow-lands than one shall find as many Carts or Wayns with Horses as he hath Plow-lands in his Occupation within your Parish Yet in the Kings-Bench when Hales was Chief Justice 2 and 〈◊〉 P. and M. Cap. 8. the whole Court was of Opinion That so many Draughts as any Man kept so many he ought to send to the Highways for so the Service they do will answer the Damage by them occasioned to the Highways Which Opinion seems to be very Equitable and to square with the Reason and Intent of the Law and therefore if you Charge such Persons accordingly you need not fear as I conceive of the same to be approved by the Justices at their Quarter Sessions in case the Defaulter shall Appeal thither The Keeper of a Draught or Plow you may Charge for the same to send so many Horses with a Cart or Wayn as he usually draws the same with whether that be two or three or more Thirdly Every Person dwelling in your Parish 18 Eliz. Cap. 10. that Occupies a Plow-land in Tillage or Pasture lying in several Parishes shall be Charged for all the same in your Parish where he dwells And he or she that dwells in another Parish and keepeth in his or her Hands one or more Plow-lands in your Parish shall be Charged for every of them in your Parish Fourthly If any of the said Carts and Wayns shall not be thought needful by you to be employed upon any of the said Six Days then every such Person that should have sent any such Carriages 2 and 3 P. and M. should send in Lieu thereof two able Men to work for that Day Fifthly Every Person and Carriage aforesaid shall have and bring with them such Shovels and other Tools as be necessary for their work 2 and 3 P. and M. and shall do and keep their work as you or one of you shall appoint them Eight Hours every of the said Six Days unless you shall otherwise allow it Sixthly In such places where there is no use of Carts and Teams for mending the Highways but the usage is to carry Materials on Horseback or by other kinds of Carriages 22 Car. 2. Cap. 12. there the Inhabitants shall send such their Horses and other Carriages in Lieu of Carts with two able Labourers in like manner as with Carts Seventhly If any Persons shall neglect to send their respective Carriages and Horses 22 Car. 2. Cap. 12. as aforesaid then the Penalty of Ten Shillings for every Days default of a Cart with two Men and of Three Shillings for every Days default of a Man and Horse shall be Levied in such manner as is expressed before of Day-labourers Also you are required to return the Defaulters within one Month after every default made as you are before directed to return the default of Labourers Eighthly and Lastly If after your using all those means herein before mentioned the Justices of the Peace shall be satisfied that the Highways Causeys Bridges Streets or Pavements within your Parish cannot be thereby sufficiently repaired then the said Justices at their General Quarter Sessions are to allow and order one or more Assessment to be made upon the Inhabitants of your Parish for the raising of Moneys to repair as need shall require by Distress of the Goods of those that shall refuse to pay provided that no such Assessment made in one Year shall exceed the Rate of Six-pence in the Pound of the Yearly Value of

OF Repairing and Mending THE HIGHWAYS In Five Sections TOUCHING I. Removing Obstructions in the High-ways and Scouring the Ditches next adjoining II. Draining the Highways and Repairing them III. Providing Material IV. Providing Labourers V. Providing Carriages Published for the Use and Instruction of Young SURVEYORS By WILLIAM MATHER a Late Surveyor of the Highways in BEDFORD LONDON Printed for Samuel Clark in George-yard in Lombard-street 1696. OF Repairing and Mending THE HIGHVVAYS Section I. Of Removing Obstructions in the Highways and Scouring the Ditches next adjoining First BEfore you begin to repair the Highways with any Stone Gravel or other Materials take care to see that all Ditches and Drains adjoining thereunto be opened and scoured and made deep or low enough to carry all standing Water out of the same Highways where the Water is an Annoyance Also see that all Trees and Bushes growing in or next adjoining to the Highways and obstructing the easie passage of the People be cut down or kept low And if the Owner of the Ground or Soil to which the Ditches Trees Hedges or Bushes do belong shall neglect to keep them so seour'd and cut as aforesaid then you must present him within one Month after default to the next Justice of the Peace who is to certifie the same at the next General Sessions where the Defaulter is to be Fined at the Discretion of the Justices 5 Eliz. Cap. 13. And 18 Eliz. Cap. 10. according to the 5 Eliz. Cap. 13. but according to the 18 Eliz. Cap. 10. the Defaulter shall Forfeit for every Default Ten Shillings Secondly See that the Earth and Soil cast out of the Ditches or Drains into the Highways be not suffered to lye there by the space of Six Months to the Annoyance of the Highways but be carried off within that time by him that holds the Ground next adjoining and that scoured the Ditch 18 Eliz. Cap. 10. Which if he shall neglect to do he Forfeits Twelve Pence for every Load so cast up and you are to present his default at next Quarter Sessions Thirdly See that all Ditches and Drains in any Ground adjoining to the said Ground adjoining to the Highways where any ditching or scouring ought to be for conveying the Water out of the Highway over the Ground next adjoining be kept from time to time as need requires ditched and scoured 18 Eliz. Cap. 10. § 6. and 9. And if he that holds that Ground shall neglect to keep the same so ditched and scoured he Forfeits Twelve Pence for every Rod not so done and kept and you are to present his default at next Quarter Sessions Fourthly See if there be any Springs or Water-courses in the High-ways making them deep and dangerous and if there be you have full Authority to turn the same into any Ditch of the several Ground of any Person next adjoining to the said Highways 5 Eliz. Cap. 13. in such manner as you shall think most convenient Those are the means appointed by the Old Statutes still in force for draining the Highways in general whether they be more or less than Twenty Foot broad But for the draining and clearing such Highways as are not Twenty Foot broad there are other additional Means appointed in the Late Statute made for the better Repairing of them 3 and 4 W. and M. which be these that follow First Every Person that lays in any such Highway any Timber Stone Straw 3 and 4 W. and M. or other Matter whatsoever whereby the same shall be obstructed or annoyed Forfeits for every such Offence Five Shillings to be Levied by Warrant of Two Justices of your Division or in default thereof any Neighbouring Justices Secondly Every Possessor of Lands next adjoining to the Highway where any such Matter lyes must remove the same 3 and 4 W. and M. and may take it to his own Use which if he neglects to do within Ten Days after you have given him notice he Forfeits also Five Shillings to be Levied as aforesaid for every such neglect Thirdly If any Tree Bush or Shrub shall stand or grow in such Highway and be not cut down and carried away by the Owner of the Soil where the same doth stand or grow 3 and 4 W. and M. within Ten Days after you have given him notice he shall Forfeit Five Shillings for every neglect to be Levied as aforesaid Fourthly Furthermore what Defaults or Annoyances you shall find in the Highways or in Causeys Bridges Ditches Hedges Trees Water-courses Drains or Gutters next adjoining to the same within your Precincts you are to give publick notice thereof from time to time in the Parish Church the next Sunday immediately after Sermon ended And if the same shall not be removed and amended within Thirty Days after such notice given then you are to do the same within Thirty Days after and dispose of the Annoyances to and for the Repair of the High-ways 2 and 4 W. and M. and you shall be Reimbursed your Charges in so doing by the Parties who should have done the same upon your Application to any one of the next Justices Note also That you are required under the Penalty of Five Pounds to present upon Oath to one of the next Justices within Fourteen Days after your first Acceptance of your Office and so from time to time every Four Months during the same the state and condition of all the Roads Common Highways Water-courses Bridges Causeys and Pavements within your Parish 3 and 4 W. and M. which are to be repaired at your Parish Charge And I must crave leave also to Note That it seems very equal and reasonable That when Ditches and Drains next the Highway which are to be scoured by the Tenant who Labours hard and fares meanly to pay his Rent are once a Year sufficiently scoured by him and the Soil carried away then the same should afterwards for that Year be kept in repair by you For they are afterward out of repair only by the passing of Carts Horses and other Cattel in the Common Highway and not by the Tenant's default Section II. Of Draining the Highways and Repairing them First WHen you have removed the Annoyances and caused the Ditches and Drains next adjoining to the Highways to be sufficiently opened and scoured by the Owners of the Soil then do you cause all the standing Water in the Highway to be drained or conveyed into those Ditches and Drains by new Trenches or Gutters which ought to be constantly done especially after every great fall of Rain for if the Water stands long in any part of the Highways they will be soon marred and then require more Charge to be repaired especially in Clayey Ground And in truth the suffering of Water to stand in the Highways especially in those that are much Carted is the first and principal Cause of their decay and ruin Secondly After the Water is drained out of the Highways and the Ground become dry then

and not before lay on your Materials for repairing except in Winter-time there happens to be Gulls or such deep Holes which renders the Ways impassible and so require present mending Thirdly Where the Rutts or Padways are deep first lay Faggots or Bushes of white or black Thorn cross-way suffering them to be crushed down by Loaden Carts drawn over and when you lay Stones on them then omit not to cover the Stones with Gravel or such like hard Rubbish for this will get into the empty spaces between the Stones and so fasten them together that Cart-wheels and Horse-feet cannot easily displace them which otherwise would be and your Charge half lost That which doth much Gull and Marr the Common Highway is the draught of Waggons and Carts with Burdens of exceeding weight as 40 50 60 and sometimes 70 Hundred Weight one of those Carriages doth more hurt to the Way than twenty of others everyone severally Loaden but with Twenty Hundred There was indeed a Remedy provided against this Inconvenience by the Statute 14 Car. 14 Car. 2. Cap. 5. 2. Cap. 5 wherein the Carriage in a Cart or Waggon was limitted to 20 Hundred Weight between the First of October and the First of May and to 30 Hundred between the First of May and the First of October but that Law is expired and so you have no Remedy in this Case until it shall please the Parliament to provide one Fourthly You are required under such Penalty as the Justices shall impose not exceeding Forty Shillings to suffer no Travelling Waggon 22 Car. 2. Cap. 12. Wayn Cart or Carriage wherein any Burdens Goods or Wares are carried to pass your Highways with above Five Horse-beasts at length except only such Carts and Carriages as are employed in and about Husbandry and Manuring of Lands and in the Carrying of Hay Straw Corn unthresht Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery which shall be for His Majesties Service And for your Encouragement if you prove the Offence by one Credible Witness upon Oath before any Justice of the Peace he is to grant you a Warrant for Distraining of the Goods and Chattels of the Offender for the Sum of Forty Shillings one third thereof to the Poor of the Parish another third towards repairing the Highway and the other third to you or him that discovered the Offence Fifthly Remember that you are required to make every Cart-way leading to any Market-Town Eight Foot wide at the least 3 and 4 W. and M. and as near as may be even and level and every Causey for Horses Travelling at the least Three Foot in breadth Section III. Of Providing Materials First YOU may lawfully cause Stones lying upon any Lands or Ground within your Parish 5 Eliz. 13. to be gathered and carried for the amendment of the Highways Secondly You may take and carry away so much of the Rubbish or small broken Stones of any Quarries in your Parish as you shall think necessary for the mending of the High-ways without Licence of the Owner Provided you find the Rubbish or Stones ready digged by the Owner for it is not lawful for you to cause them to be digged out of the Quarry Thirdly In case such Rubbish cannot be found there then it is lawful for you to dig for Gravel Sand or Cinders 5 Eliz. 13. in any Persons several Ground within your Parish nigh adjoining to the Way that is to be repaired and wherein Gravel and such stuff is like to be found and to carry away so much thereof as you shall think necessary provided that you do not dig in the House Garden Orchard or Meadow of any Person nor dig more than one only Pit in any several and enclosed Ground nor that the Pit be any way in breadth or length above Ten Yards over at the most nor left unfilled up again with Earth above one Month after it hath been made Of all which you must be Circumspect for you Forfeit for every default you shall make therein Five Marks to the Owner of the Soil Fourthly If you have not in your Parish Gravel Stones Quarries 3 and 4 W. and M. nor other Materials fitting for the amending of the Highways by reason whereof you are forced to lay our your own Money for the Buying of such Materials then upon your giving notice of the Sum Expended by you and making Oath thereof to the Justices at their Special Sessions which by the Late Act is to be holden once in every Four Months they or any two of them are impowered to cause a Rate to be made for the reimbursing you upon the Inhabitants of your Parish who are to be Distrained if they refuse to pay Section IV. Of Providing Labourers First EVery Housholder and every Cottager one that holds a House without Land and every Labourer of your Parish 2 and 3 P. and M. 5 Eliz. Cap. 13. And 18 Eliz. Cap. 10. being able to Labour and being no Hired Servant shall either work themselves or every one of them send a Labourer to work Six Days in every Year in the amendment of the High-ways Secondly 5 Eliz. Cap. 13. 18 Eliz. Cap. 10. Every Person except such as Dwell in the City of London chargeable in your Parish but as a Cottager to the mending of the High-ways if he be Assessed in any Subsidy or Tax to the King so much as to Five Pounds in Goods or Forty Shillings a Year in Lands shall find two able Men Yearly to Labour Six Days in the Highways Thirdly Every such Person as abovesaid 2 and 3 P. and M. Cap. 8. shall have and bring with them such Shovels Spades Mattocks and other Tools as are necessary for their Work and shall do and keep their Work as you or one of you shall appoint them Eight Hours every of the said Days unless you or one of you shall otherwise License any of them Fourthly 22 Car. 2. Cap. 12. The Six Days for working in the Highways and for providing Materials are to be appointed by you having respect to the Weather and Season of the Year and giving publick notice some convenient time before the Six Days And in such places where the Highways cannot be sufficiently repaired before Midsummer you may take time to do the same until a Fortnight after Michaelmas but within that time they must be repaired Fifthly If any of the said Persons Chargeable 22 Car. 2. Cap. 12. as aforesaid to find Labourers for mending the Highways shall neglect to send them to make their respective Days Labour then you are to make Complaint thereof to the next Justice of the Peace who are required upon Proof made to them of such neglect by the Oath of one Credible Witness to Levy by Distress and Sale of the Goods of every Offender the Sum of One Shilling and Six Pence for every Days default of every Labourer Also you may return