Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	city_n	justice_n	mayor_n	2,924	5	10.1396	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48475	The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ...	Lambarde, William, 1536-1601.; Turner, R.	1671 (1671)	Wing L215A; ESTC R41023	59,151	158

Warrant may do it Dalt J.P. ch 26. fo 70. Stat. 5 Eliz. ch 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2d and 3d of P. M. ch 8. and 5 Eliz. ch 13. within one Month after it shall be made on pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Sessions where the Justices are to enquire of the default and set such Fine upon the offendors as they or two of them one of the Quorum shall think fit 5 Eliz. 13. Rastall 199. The presentment of a Justice of peace in Sessions upon his own knowledge shall be a good conviction upon which the Justices in Sessions or two of them one of the Quorum may assess a Fine as well upon a Verdict but the offendor shall be admitted to his Traverse Stat. 2 3. P. M. ch 8.5 Eliz. ch 13.18 Eliz. ch 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions and Stewards in Leets either of which have power to assess Fines at their discretions upon defaulters of which Fines indented Estreats in the Sessions under the hand and seal of the Clerk of the Peace in the Leet under the hand and seal of the Steward shall be delivered within six Weeks after Michaelmas one part of the Estreats to the Bayliff or High-Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the offendors live Stat. 2 3 P. M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty to levy the said Fines by way of distress and if no distress can be found or the party do not pay the fine within Twenty dayes after the lawful demand thereof he or they shall forfeit double so much All which Fines and Forseitures are to be employed towards the mending of the Highwayes in the Parish where the offences are committed Stat. 2 3 P. M. ch 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwardens who have the other part of the Estreats of the Fines of what Money they have received on pain of Forty shillings and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace one whereof to be of the Quorum to give up his Account who have power to commit him until he have satisfied all the Arrerages by him received save Eight pence in the Pound for his own Fee and Twelve pence in the Pound for the Clerk of the Peace or Steward of the Leet And the Contables and Churchwardens have the same power successively as their predecessors 14 Car. 2. ch 6. Every Survey or of the Highwayes shall within one Month after his Year is expired yield up to the INhabitants of the Parish Town or Hamlett at some publick meeting appointed by the inhabitants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office and of whom what summ to whom he hath paid the same what Moneys are in Arrear for Fines Forfeitures Penalties c. and if any overplus be in his hands he shall render the same to the next Surveyor for the use of the Parish Town or Hamlett to be disbursed in and about the Highwayes the year following And if the Surveyor shall not make such an Account and payment then two Justices near the Parish upon complaint may examine the business upon Oath and upon default found in the Surveyor they may commit him to the Gaol of the County City c. there to remain until he have made a true Account and payment Stat. idem All Justices of Assize Oyer and Terminer and Justices of peace are impowred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh-wayes Pavements Streets c. within their Commission and to make Orders for the due employment of such Gifts except the Gift be made to the use of any Colledge Hall Free-School or Hospital who have proper Visitors of thier own and to determine all offences and defects in Surveyors concerning the same and in ease any person be aggrieved by such Order he may Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Charitable uses Stat. idem No travelling Wayn Wagon Cart or Carriage wherein any Goods Burthens or Wares shall be carried or drawn for hire other than such Carts and Carriages as are employed about Husbandry and managing of Lands and in carrying of Hay Straw Corn unthreshed Coal Chalk Timber for shipping materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties service shall at any one time travle be drawn or go in any publick or common Highway with above seven Beasts whereof six shall draw in pairs nor with above eight Oxen or six Oxen and two Horses nor shall at any time carry above 2000. weight between the First of October and the First of May except such paticulars as abovesaid nor above 3000. weight between the First of May and the First of October nor above five Quarters of Wheat Meal Mesline Rye Pease Beans Tares nor above eight Quarters of Barley Mault or Oats nor shall any Wagon Wayn or Carriage be employed for the said uses the Wheels whereof are less in breadth than four Inches in the Tyre upon pain every owner of such Wagon Wayn or Carriage Horse Beasts or Oxen shall for every of the said offences forfeit 40. Shillings to be divided into three equal parts one to the Surveyors of the High-wayes where any of the offences shall be committed towards the repairing of the highwayes of the Parish there the other part to the Overseers of the Poor of the Parish where the offence is committed for the relief of the poor there and one other part to him that shall discover and prosecute for the said offences These Penalties are to be levied by distress of all or any the Horses Beasts or Oxen and to be distributed as aforesaid by the Constables Surveyors of the Highwayes and Overseers of the Poor of the parish where the offence is committed and in case the Penalties be not payd within three dayes after distress then the same to be sold rendring the overplus the charges of keeping and selling first deducted Statutes for repairing particular Highwayes viz. Stat. 39 El. ch 19. For repairing the High-wayes in the Wild of Sussex Surrey Kent Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester Stat. 14 H. 8. ch 6. 26 H. 8. ch 7. For laying out new Highwayes in the Wild of Kent and Sussex Stat. 1 M. par 2. ch 5. For the Cawsey between Dorchester and Sherborn Stat.

18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem

and in case of resistance break open the doors chests trunks and other package there to seize and from thence to bring any kind of goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Storehouse in the Port next to such place where the seizure shall be made Idem All Officers belonging to the Admiralty Chaplains and Commanders of Ships Forts Castles and Blockhouses and all Justices of peace Mayors Sheriffs Constables and Headboroughs and other the Kings officers and subjects whatsoever whom it may concern are to be aiding and assisting to all and every person and persons which are or shall be appointed by His Majesty to manage his Customs and if the Officers of the Customs or any acting in ayd of them shall be sued indicted prosecuted or molested such persons their Heirs Executors and Administrators may plead the general issue and give the several Acts relating to the Customs or any of them in evidence 4. Excise 12 Car. 2. ch 23 24. Gagers employed by the Commissioners of Excise are to take the Constable with them when they enter by night into any house to Gage their Coppers Fatts or vessels or to take an account of their Liquors made brewed or distilled in their Houses Idem Such persons as shall be convicted before the Justices of peace or Commissioners of Excise of any offence and forfeiture within the Acts of Excise the Constables by warrant from the Justices of peace are to levy the Penalties upon the goods of the offendors by distress and sale thereof rendring the overplus and for want of distress they are to convey the offendors to the Gaol there to remain until satisfaction be made And the Constables upon warrant are to summon Alehouse-keepers c. to appear before the Commissioners at such places and times as shall be appointed in the Warrants CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles 1. Disturbing of Ministers 1 Mar. Sess 3. ch 3. Wingate's Stat. tit Sacraments Dalt J. P. ch 41. fol. 103. If any person purposely without Authority disturb a Preacher lawfully Licensed in preaching praying or administration of the Sacraments either by talking laughing humming or the like any Constable or Churchwarden of the place ought presently to apprehend the party carry him before a Justice of the peace of the same County who may commit him to safe custody and within six dayes after with another Justice of the peace they may examine the matter And if they find it true by two Witnesses they must commit him to the common Gaol there to remain for three Months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into security for one whole Year he may be released at the discretion of the Justices but if he continue still in his obstinacy he must continue in Prison without bayl till he be penitent Idem He that Rescues an offendor in this kind shall suffer like Imprisonment and forfeit Five pounds and the Inhabitants that suffer such an offendor to escape being presented before the Justices at their Sessions of the County or Corporation where the offence was made do also forfeit Five pounds 2. Prophane Swearing 21 Jac. ch 20. 3 Car. 1. ch 4. If any person shall prophanely Curse or Swear they forfeit Twelve pence for every time so offending the offence must be presented within Twenty dayes and proved by two Witnesses or confession of the party before a Justice of peace or Head-officer of a City or Town-corporate who may thereupon issue out their Warrant to the Constables Church-wardens and Overseers of the poor of the Parish where the offence was committed to levy the Forfeitures by distress and sale of the offendors Goods rendring the overplus to the owner if any be Idem Where no Distress can be found the offendor if above Twelve years of age shall by warrant from a Justice c. be set in the Stocks three whole Hours But if the offendor be under Twelve years of age and do not forthwith pay the forfeiture of Twelve pence per Oath then must such offendor be whipped by the Constable or by the Parent or Master in the presence of the Constable 3. Recusants 3 Jac. ch 4. The Constables and Churchwardens of every Parish or one of them or High-Constable of the Hundred are once a year to present at the Sessions of the Peace the Monthly absence from the Church of all Recusants and their Children above Nine years old and their Servants on pain to forfeit for every such default respectively Twenty shillings which Presentment the Clerk of the Peace or Town-Clerk is to Enroll without fee on pain of Forty shillings 7 Jac. 6. If the Minister Churchwardens or Constable of any parish or any two of them shall complain to any Justice of the peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace And then if the party refuse again he is in Praemunire but if it be a Feme-covert she shall only be imprisoned there to remain without Bayl until she will take the said Oath 4. Conventicles 16 Car. 2. ch 4. If any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring distraining and selling the Estate or goods of any seditious Conventicler to be transported or neglect to distrain and sell the goods and chattels of such offendor for the levying of such summs of money as shall be imposed upon them for the first and second offence in such cases the officer so offending for his neglect shall forfeit Five pounds the one moiety to the King the other moiety to him that will sue for the same in any of His Majesties Courts of Record 16 Car. 2. cap. 4. If any person be at any time sued for putting in execution any of the powers in the Act against seditious Conventicles such person shall and may plead the general issue and give the special matter in evidence and if the Plaintiff be nonsuit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demurrer Judgement be given for the Defendant every such Defendant shall have his or their treble Costs 22 Car. 2. ch If any person of the age of Sixteen years and upwards being a subject of this Realm after the Tenth of May 1670. shall be present at any Assembly Conventicle or Meeting under colour of Religion in other manner than according to the Liturgy of the Church of England in England Wales or Berwick upon Tweed at which Conventicle there shall be Five persons or more over and besides those of the same Houshold if in a house where a Family is residing or if in a House Field or place where no Family inhabits