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justice_n peace_n power_n session_n 3,270 5 10.2826 5 false
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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any further Appeal by either party and execution shall be awarded upon the Decree or Order of that Court not to be Repealed This Case of Appeal not to extend to any contemner of Summons as aforesaid 9.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-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
the same Parish is or shall be 21. Honours to be conferred by Parliament All persons who shall have Estate entred in the National Registry to the clear yearly value of 10000 li. per annum and shall pay Assesments for so much to the Republique shall be capable of the honour of Lordship conferred on him only by the Parliament each person of 1000 li. per annum of Knighthood and each other person having 300 li. per annum and upwards be reputed an Esquire and shall each of them give Coats of Arms to be allowed by the King of Heralds for the time being That no person who shall nor have 1000 li. per annum shall be elected as a Provincial Representee The Fifth Days Work It s Publique aids must bear the charge Our Priviledges to enlarge Wherefore let Contributions be In exigencies frank and free 1. LEt Assesments be imposed by Parliament yearly Assesments according to the requisition of the time on each particular real and personal Estate Assesments to be imposed by Parment according to the annual values thereof and Rents received each paying for his stock in Husbandry or Trade and each Usurer for his Money lent at a certain rate as rent of Land or interest of Money at the same rate and stock in Trade or Husbandry at half the rate the Land-Assess to be paid by the Landlord and the Money-Assess by the Lender to be defalked out of Rent or Interest according to the proportions by the Tenant or Borrower who shall deposite the same as occasion shall require to the monthly Collectors thereof 2. Great Assesment for the poor Let one great Assesment be forthwith made for relief of all the Poor in the Nation and let a stock be erected in every Parochial Town and a Trade set up for imploying and providing for all the poorer sort of men women and children let a Master or Governour thereof be appointed by the Registerial Court in every Parish and such a one as his Estate may be responsible for the stock with him intrusted for which together with the profits thereof to be imployed according to the Rules to be given therefore he shall give security and this to be yearly taken care for chiefly by the Church-wardens of each respective Parish Let all charitable Contributions be imployed to the same purpose Whereby if vigilancy and industry be used a small stock will in short time increase to a great inheritance whereby the poor shall be equally provided for to the best and richest in every Parish so there shall be no crying out nor complaining in our streets 3. Customs Excise and Assesments Let the Customs be annually regulated by the Parliament at the time of changing of Representees only let the Representees for the first six months continue their sittings so long after their time together with the Representees for the latter six months as to settle that and the Excise and Assesments for the next succeeding year and to be done within twelve days Let the Customs be collected by such Commissioners as have responsible Estates and where any fraud or covin shall be discovered let care be taken therein for the prevention for the future 4. Publique Collectors Let the Excise be collected by the Constables and responded for to the Sheriff as other Assesments and also all other Rents and Revenues payable to the Common-wealth for which no salary shall be allowed In all Enclosures of Wasts Enclosures of Wasts and Commons not stinted one fourth part shall be alotted for provision for the Poor of the Parish where the same shall lie to be committed to the care of the Master of the Work-house for the time being and by him imployed to the best advantage according to his trusts One other fourth to the Lord for his Segniory and half to the Commons this rule in all cases to be the same 5. Enclosures of stinted Wasts and Towns-fields Where the Lords and Tenants Owners and Proprietors of two full third parts of the Inclosures Field-Land and stinted Commons in any Mannor Town or Lordship shall agree to inclose all or any part of the open Wasts or Common grounds of the same Town no third party opposing shall hinder the same so as provision be made for the poor to one half the alotment as aforesaid and the proportions alotted for the refusers according to their several estates quantity and quality to be considered but if any shall endeavour to hinder a common good he shall be severely punished therefore either by the Judges in the next superiour Court or by the Justices of Peace at the next quarter-Quarter-Sessions to be held for that Liberty or by the Judges Itinerant in their Circuits 6. In all provisions for the Poor Parochial provisions for the poor each whole Parish to be one entire Corporation and take care to dispose of all Wanderers and Vagabonds according to the directions of the Statutes in use or else imploy them in work as aforesaid Publique Work-houses Let a large house be provided in each Parish-Town for a publike Work-house where in some Manual occupation all the poor of the same Parish may be set on work and provided for necessaries by the Master thereof to be appointed as aforesaid to which purpose let some Trade whereof the Master of the Work-house to be a Freeman be used in every Parish and the children of all such as shall not by their Parents be better provided for to be imployed in the same after seven years old as in all Towns where is conveniency of water for building Mills and have Cole let several sorts of Smiths be as for making of Knives Swords Scymiters Guns Sythes Shears Scissers also for all manner of Work-tools and harness and all such who shall have use for wheels for grinding also Lock-smiths Naylors and such others where no water is nor wheels shall not be requisite and where conveniency is let Clothyers be and to the end the Trade of Clothing may be the better managed and with less confusion let those Towns where much growth of Wool shall be and want the conveniency of fire and water be imployed to the sorting breaking mixing and spinning of Wool in one Town for making of Jerseys Serges and other Stuffs of the like nature in other Towns in spinning Wool for making cloath according to the several sorts thereof the finest by its self and the coursest by its self and the middle sort by it self and a certain rate allowed to each person for the work they shall do not exceeding four parts of five of the real value of the work one fifth being still to be allowed to the common stock 7. Husband-men to have the help of labourers in the common Work-house That in all cases where any persons imployed at work upon the common stock shall be desired to assist the Husband-man at any out-work in the Fields there shall a fourth part of the wages be