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A66672 Statuta pacis, or, A perfect table of all the statutes (now in force) which any way concerne the office of a justice of peace cleerly also setting down the severall duties of sheriffes, head-officers of corporations, stewards in leets, constables, and other oficers, so far forth as the said statutes do in any sort concern them / faithfully collected, and alphabetically digested under apt tables by E.W.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656. 1644 (1644) Wing W3023; ESTC R25185 131,829 308

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making deceiveable Cloth and if upon confession of the party or testimony of two witnesses they shall find any guilty thereof and make Certificate accordingly under their hands and seales to the Churchwardens and Overseers of the parish where the offence is committed those officers shall levie the penalties forfeitedby distresse the delinquent shall suffer imprisonment See Labourers 54. and Weights 35. Drover S. Badger Holy-dayes 2. Drunkennesse S. Alehouses Ecclesiasticall Court 1. STat. 21. H. 8.5 Nothing shall be given for the Probate of a Will or for letters of Administration when the goods of the Dead exceed not 5. l. save only 6 d. to the Scribe or Register Neverthelesse the Judge shall not refuse to prove such a testament being exhibited unto him in writing with wax ready to be sealed and proved communi forma but shall dispatch the aprty without delay II. For the Probate of a Will and all other things concerning the same when the goods of the dead exceed 5. l. but not xl l. the Judges Fee is 2. s. 6. d. and the Registers for registring of it 12. d. and when they exceed xl l the Judges Fee is 2. s. 6. d. as before and the Registers as much or the Registers may refuse the 2. s. 6. d. and take a 1. d. for every ten lines of the Will each line being conceived to containe ten Inches in length And for these fees they shall dispatch the party without any frustratory delay III. For letters of Administration when the goods of the dead exceed 5. l. but not xl l. the Officers Fees are only 2. s. 6. d. IV. Lands devised to be sold shall not be accounted any of the Testators goods V. The Judge shall not refuse to receive an Inventory indented which the executor or administrator tenders him in Court together with his oath to verifie the same VI. The Fee for the copy either of a will or Inventory is the same with that above allowed to the Scribe for Registring the will or else the Scribe or Register may take a x. d. for every ten lines of the length aforesaid VII The officer that takes more then his due Fee shall forfeit that excesse to the party grieved and besides x. l. to be divided betwixt the King and the said party grieved VIII Stat. 23. H. 8.9 The Fee for the seale of the Citation is 3. d. See Tithes Egyptians 1. Stat. 1. 2. P. M. 4. He that transports into this Kingdome or Wales certaine lewd people which cal themselves Egyptians shall forfeit xl l. II. Their continuing in England or Wales by the space of a moneth shall be adjudged Felony without Clergie III. Hi that obtaines License letter or Pasport for them shall forfeit xl l. IV. The forfeitures aforesaid shall be equally divided betwixt the K. and Q. Majesties and the prosecutor V. Stat. 5. El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be adjudged a felon without Clergie VI. This act shall not include Children within foureteene yeares of Age nor People in Prison so they void the Kingdome within foureteen dayes after tehy shall be enlarged or reforme their course of life VII None borne within this Kingdome and Wales shall be compellable to void the Land by the Stat. of 1.2 P. M. 4. but only to leave their naughty Course of life Embracery S. Maintenance Enditements S. Indictments Enquests S. Jurors Escapes S. Felony 7. Escheators 1. Stat. 23. H. 6.17 An Escheator shall not take above xl s. for the execution of one Writ in one County and that only when his labour and Costs require it otherwise he ought to take lesse II. Stat. 12. E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unlesse the Escheator himselfe hath Freehold within the County worth xx l. per Annum in paine of xl l. III. His Deputy or Farmor shall be a sufficient man and shall Certifie into the Exchequer his deputation within twenty dayes next after it is made upon the like paine of fortie pound IV. Justices of P. in Sess have power to heare and determine these defaults and to give Judgement for the recovery of the said forfeitures which are to be distributed betwixt the K. and the prosecutor V. This Stat. shall not restraine Corporations which have power by their Charter to appoint Escheators VI. Stat. 1. H. 8.8 No Escheator or other person whatsoever shall sit by vertue of any Commission to inquire of Lands unlesse his lands be worth forty marks per Annum in paine of xx l. VII Stat. 33. H. 8.22 An Escheator shall not take for the finding of an office of lands that exceed not the cleare yearely value of 5. l. per Annum above 15. s. viz. for his owne Fee 6. s. 8. d. for writing the office 3. s. 4. d. for the charges of the Jury 3. s. and for the officers above that are to receive the office 2. s. Estreates 1. Stat. 9. E. 3.5 Just of Ass G. D. and Oy and Term. before they send their Records into the Exchequer shall take Estreats out of them II. Stat. 31. E. 3.3 A man or town charged in the Exchequer by the Estreats of the Justices with the detaining of the goods of fugitives or Felons shall be discharged upon producing another that is chargeable III. Stat. 42. E. 3.9 The party Chargeable by the Estreats of greene wax upon payment thereof shall see the schedules themselves under seale and totted for default whereof if he shall be afterwards damnified the Sheriffe shall pay him treble damages to be recovered before Just of P. or other Justices and shall besides make fine to the King S. Indictments 5. Iurors 9. Iuft of P. 18. Excommunicate persons S. Bailment 1. Fighting Sheriffs 4. Extortion S. Actions popular 15. Faires S. Horses 11 c. 16 c. Fasting dayes S. Fishdayes Feasants S. Hawkes Felony I. STat. 9. H. 3.22 The King shall have Annum diem et vastum in Felons lands and then they shall be delivered to the Lords of whom they are holden II. Stat. 3. E. 1.12 Notorious Felons which refuse lawfull triall shall suffer strong and hard Imprisonment III. Stat. 1. E. 2. It shall be Felony for any person to break Prison being in for Feonly otherwise not IV. Stat. 5. H. 4.4 It is felony to multiply gold or Silver V. Stat. 5. H. 4.5 It is felony to cut out the tongue or put out the eyes of any of the K. Subjects VI. Stat. 8. H. 6.12 Imbezeling of a Record whereby any judgement shall be reversed is Felony VII Stat. 1. R. 3.3 Justices of P. have in Sess power to enquire of the Escape of Felons VIII Officers shall not seise the goods of any arrested or imprisoned for suspicion of Felony before his conviction in paine to forfeite double the value of the goods so taken IX Stat. 3. H. 7.14 Conspiring by any of the Kings sworne Servants to destroy the King any Lord
are to passe and the time of their passage or having a testimoniall exceed the time therein limited above fourteen dayes or Counterfeit a testimoniall or produce one which they know to be counterfeited shall in all these cases suffer as Felons without benefit of Clergie 51. XXXIV Iust of Ass G. D. and of P. in their Sess have power to proceed against these offenders as in case of felonie without Clergie unlesse some sufficient man allowed by the Iustices will enter into a Recognisance of x. l. to the Q. to retaine the offender for one whole yeare and to bring him to the next Sess of P. G. D. after the year ended And if he within the yeare depart that service without licence he shall afterwards suffer as a felon without Clergy XXXV Souldiers or Marriners which fall sick in their passage home shall be excused though they exceed the time limited in their testimoniall So that they performe this Act in convenient time after their Recovery XXXVI If when they come home they cannot get worke the two next Just upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole hundred for their Relief untill work may be had XXXVII The Souldier or Marrinet licenced by a Iust of P. to whom he shall make his poverty knowne having not wherewithall to beare his charges home may ask and take Relief So it be in his direct way home and within the time limited by his Licence XXXVIII These offences shall cause no Corruption of Blood XXXIX Stat. 43. El. 3. The more part of the Just of P. yearely in their Easter Sess have power to charge every parish towards a weekly reliefe of maymed Souldiers and Mariners so that no parish pay weekly above 10. d. nor under 2. d. nor any County which consists of above 50. parishes pay above 6. d. one parish with another which summes so taxed shall be assessed in every parish by the parishioners or in their default by the Churchwardens and Constables or in their default by the next Justice or Justices of Peace XL. The Const or Churchw of every parish have power to levie the tax of exery person refusing to pay it by distresse and Sale and in their default the said Justice or Justices next adjoyning XLI The tax being thus levied the Const or Churchw shall deliver it quarterly ten dayes before every quarter Sess to the high Const of their Division who shall deliver it over to the Treasurers of the County at the same quarter Sess XLII The Treasurers shall be Subsidie men viz. of x. l. in lands or xv l. in goods and shall not continue in their office above one year rendring up their Accompts yearly at Easter Sess or within ten dayes after to their Successors XLIII The officer or his executor c. that failes in payment of the Summes levied shall forfeit viz. the Churchw or Const xx s. high Constable xl s. which the Treasurers have power to levy by distresse and Sale in augmentation of their Stock XLIV The Treasurer or his executor c. that hath beene negligent to execute his office or to render the Accompt within the time above limited shall be fined by the I. of P. in the Sess 5 l. at least XLV The maymed Souldier or marriner which was prest shall repaire if he be able to travell to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three yeares at his election But if he be not able to travell then to Treasurers of the County where he lands XLVI He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seale of the chief Commander and of the Captaine under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-Master Generall or the Receiver generall of the Muster-Rolls under one of their hands XLVII Vpon such a Certificare the Treafurers aforesaid may allow him Reliefe to maintayne him untill the next Q. Sess at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly untill it shall bee revoked or altered by the said Iustices And this Allowance to him that hath not borne office shall not exceed x. l. To an officer under a Lievtenant xv l. and to a Lievtenant xx l. XLVIII When Souldiers or Marriners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and a Testimoniall whereby they may passe from Treasurer to Treasurer untill they shall come at the place required and this shall be done upon the bare Certificate of the Commander and Captaine although they have not as yet obtained any allowance thereof from the said Muster-Master or Receiver generall of the Muster Rolls XLIX The Treasurers shal register their Receits and disbursments and enter the names of the parties relieved and also the Certificates by warrant whereof the disbursments are made The Muster-Master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed And the Treasurer returning or not allowing the Muster-Masters Certificate shall hereupon subscribe or endorse the cause of his disallowance L. Iustices of P. in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distresse and Salc of his goods LI. A Souldier or Marriner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any 3.3 LII The Surplusage of this Contribution shall be imployed by the more part of the Justices in Sess upon charitable uses according to Statutes made for reliefe of the poore and punishment of Rogues LIII In Corporations the Justices there shall put this Act in execution and not the Iustices of the County and shall be lyable to fines as well as other Iustices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to high Constables of Counties LIV. The forfeitures accruing by this Act shall be imployed as the Surplusage abovesaid or otherwise kept in angmentation of the Stock as the more part of the Justices in Sess shall direct LV. When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplyed by the Counties where he was born or where he last dwelt by the space of three yeares LVI This Act shall not prohibit the City of London to make a tax if need require differning from that above limited 35. so that no parish pay above 3. s. weekly nor above or under 12. d. weekly one parish with another S. Boatmen 7. Felonie 16. Recusants 112.
said Just are not to intermeddle in Corporations for the execution of this Law XI When one parish extends into severall Counties or Liberties the Justices or head Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt Jurisdiction and shall render accompt as aforesaid to the Justices or head Officers of both places XII If it happen no Overseers to be appointed according to this Statute every Just of P. or head Officer of that Division or Corporation shall forfeit 5. l. to be levied by a Sessions warrant and imployed to the use of the poore of the Parish where such default is made XIII The forfeitures of this Statute shal be imployed to the use of the poore as aforesaid and shall bee levied by distresse and commitment as is above remembred in the fifth clause XIV Justices of P. of every County and Corporation or the more part of them at their Easter Sessions shall yearely or as often as they shall thinke fit rate every Parish at a certaine summe to be paid weekly but so as no parish may pay more then six pence nor lesse then a halfe penny and one Parish being considered with another not above two pence a piece through the whole County or Corporation which summes so rated the Church-wardens and Constab of every Parish or any of them or in their default a Just of P. have power to assesse and levie by distresse sale and commitment as aforesaid XV. Justices of P. shall then likewise rate every parish towards the reliefe of the Kings Bench and Marshalsie and also of Hospitals and Almes-houses situate within their severall Jurisdictions appointing onely so much to the said Hospitals and Almes-houses that the Kings Bench and Marshalsie may each of them receive at least 20. s. yearely out of every County And the summes thus to be assessed upon every Parish the Churchwardens there shall collect and pay over quarterly to the high Constable of that respective Division ten dayes before every quarter Sessions and the high Constable shall every quarter Sess pay the same over to the two Treasurers of the County or one of them to be yearely chosen by the more part of the Justices of P. and such Subsidie-men as were taxed in the last rate of Subsidies at 5. l. lands or 10. l. goods which Treasurers so chosen shall yearely at Easter Sessions render a true accompt to their successors and pay the moneys in their hands to the L. Chiefe Justice of the Kings Bench and the Knight Marshall by equall portions And here the Churchwarden or his Executors c. which failes in payment to the high Const shall forfeit 10. s. and the high Const or his Executors c. which failes in payment to the Treasurers shall forfeit 20. s. to be levied and imployed by the said Treasurers as aforesaid XVI The stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVII The Treasurer that refuseth to execute his office to distribute reliefe or to accompt as the more part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assise three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorized by the rest XVIII A provision for the Island of Fowlenesse in Essex XIX Upon an Action brought for the due execution of this Act the defendant may plead the generall Issue and yet give speciall matter in evidence and shall also recover treble damages and his costs of suit XX. Stat. 1. Jac. 25. All persons to whom the Overseers of the poore shall according to the Statute of 43. El. 2. bind any children Apprentices may take receive and keep them as Apprentices Stat. 21. Jac. 28. XXI Stat. 3. Car. 4. All persons to whom the Overseers of the poore shall according to the Stat. of 43. El. 2. binde any children Apprentices may take receive and keep them as Apprentices XXII The Churchwardens and Overseers of the poore mentioned in the Statute of 43. El. 2. may with the consent of two or more Just of P. 1. Qu. within their respective limits wherein there shall be more Just of P. then one and where no more shall be then one with the assent of that one Justice set up use and occupie any Trade Mystery or Occupation onely for the setting on worke and better reliefe of the poore of the parish or place where they so beare office respectively Poulters S. Victuall 2. 10. Powdike in Norfolke S. Felony 13. Poysoning S. Murder Presentments S. Indictments Priests S. Recusants Prisons Prisoners Gaoles Gaolers I. Stat. 4. E. 3.10 Sheriffes and Gaolers shall receive offenders without any thing taking in paine to be punished by the Justices of Gaole-delivery II. Stat. 14. E. 3.10 Gaoles which were wont to be in the Sheriffs custodie shall be againe rejoyned to their Baliwicks See Stat. 13. R. 2.15 19. H. 7.10 III. The Gaoler which by dures compels a prisoner to become an Approver shall have judgement of life and member IV. Stat. 5. H. 4.10 Justices of P. shall imprison none but in the common Gaole V. Stat. 14. El. 5. Just of P. in Sess or the more part of them have power to tax every parish in the County but not above 6. d. or 8. d. a piece towards the reliefe of prisoners which tax the Church-wardens of every Parish shall levie every Sunday and pay it in quarterly to the high Constable or in a Corporation to the head Officer and the high Const or head Officer shall pay the same at every Qu. Sess to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners VI. The Church-wardens high Constables head Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5. l. to be divided betwixt the Queene and the prisoners VII Justices of P. within the County shall not intermeddle within a Corporation for the execution of this Act but onely the Maior or head Officers of the same VIII Stat. 3. Jac. 10. An offender which is to be conveyed to the Gaole shall beare all charges both of himselfe and of those which guard him IX If he refuse so to do upon warrant from a Just of P. the Constable of the township where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justice shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender X. If the offender hath no goods to satisfie the charges the Constables Church-ward●ns and two or three other honest Inhabitants or in case there be no such Officers there foure of the principall Inhabitants of the Parish where he was taken shall make