Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commission_n	justice_n	session_n	2,519	5	10.6842	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A73793	A briefe declaration for vvhat manner of speciall nusance concerning private dwelling houses, a man may have his remedy by assise, or other action as the case requires Vnfolded in the arguments, and opinions of foure famous sages of the common law; together with the power, and extent of customes in cities, townes, and corporations, concerning the same: together with the determination of the law, concerning the commodity, and use of houses, and their appurtenances. Whereunto is added, the iustices of assise their opinion, concerning statute law for parishes, and the power of iustices of peace, church wardens, and constables; and to know what they are to doe concerning bastards borne in their parishes, reliefe of the poore, and providing for poore children, what remedy for the same.	Monson, Robert, d. 1583.; Plowden, Edmund, 1518-1585.; Wray, Christopher, Sir, 1524-1592.; Manwood, John, d. 1610.	1636 (1636)	STC 6453.5; ESTC S109443	22,208	48

themselves Resol By taxing such a one to the charge of the rates of the poore not onely having respect to his ability or the land he occupies but according to the dammage and danger he bringeth to the parish by his folly 36. Qu. For warding in the day-time for apprehending of Rogues whether the Constable may not enlarge it to a farther time Resol Warding in the day-time is of great use and must bee left to the discretion of the Constables or direction of the Iustices to vary according to the occasion 37. Qu. Whether Alehouses ought to bee allowed only in thorow-fare Townes and others in other places to bee restrained onely to sell to the poore out of doores Resol The Iustices shall doe very well to allow none but in places very fit for theyr scituation and uses and to moderate the number 38. Q. A man for his quality otherwise fit to be a Constable or of other Office of that nature procures himselfe to bee the Kings servant extraordinary and by that meanes would excuse himselfe to serve in the Country Resol A servant extraordinary may well performe his ordinary service in the Countrey according to his quality The Iustices opinion touching the Commissions by which the Iustices sit at Newgate Anciently felonies included all trespasses therefore the Iustices of Gaole delivery have power to hold plea of trespasses against them in prison or upon bayle to render themselves THE Iustices at Newgate sit by vertue of two Commissions viz. Gaole delivery and Oyer and determiner By the Commission of Gaole delivery they may try all prisoners in the Gaole or by B●yle or such as bee indicted will render themselves generally for all Felonies and also for such other offences as are particularly assigned to them by Statute The Statute of 4. Elizabeth 3. cap. 2. doth give them power to receive Indictments against Prisoners or such as are upon bayle v. 1. Mar. Dyer 99. Iustices of Gaole delivery hold pleas of all appeales of felony or murder against one in prison by their generall Com and of appeales so by the same reason to take Indictments and to proceed to try the same viz. Indictments taken before the Iustices of the peace and by equity thereof all Indictments before coroners 3. Mar. Bro. Commission omnium 24. sayth That the Commission is ad deliberand Gaol de prison in eisdem existen But they cannot take Indictments as Iustices of Gaole delivery but being Iustices of the peace they may take Indictments against prisoners but not against them that bee at large for asmuch as power is given them consequently they must have meanes to doe so which is by Indictments Id quarend Howsoever it is cleere that they may enquire of many offences and take Indictments in such cases where power by the Statute is given to the Iustices of Gaole delivery in such cases where they have authority by Law or Statute there the tytle of Indictments is that Ad gaolam deliberationem tent before the Commissioners of Gaole delivery I. S. was indicted and the record must be made up so And whereas by the Statute of 4. Eliz. 3. cap. 2. Indictments taken before Iustices of peace or Coroners or any other against any Prisoners then the entry of the Indictments is returned taken Memorand quod ad generalem Sessionem tent before A B C c. Iustices ad pacem in Com. Middlesex or London I. S. was indicted and then tryed before Iustices of Gaole delivery and by vertue of the sayd Statute Indictments taken before Iustices of the peace of London or Middlesex are tryed before the Iustices of Gaole delivery The Commissioner of Oyer and Terminer is Ad triand inquirend audiend determinand They may enquire of all offences mentioned in the Commission albeit the offendors bee at large but they cannot try Prisoners upon Indictments taken before any other then themselves as the Iustices of Gaole delivery may by the aforesayd Statute unlesse there bee a speciall Commission made as it was in the case of the Earle of Leicester 3. Mar. Bro. Com. 24. mentioned in Plow Com. for the ordinary Commission of Oyer and terminer is ad inquirend audiend determinand therefore they cannot determine of things unlesse they made enquirie first and on the other side also the Iustices of Gaole delivery may try Indictments taken before Iustices of the peace yet if one indicted before Commissioners of Oyer and Terminer the Iustices of Gaole delivery cannot try the same because the Record of the Commission of Oyer and Terminer are to bee returned in the Kings Bench 44. E. 3.31 The Commission and the Records of the proceedings before the Iustices of Gaole deliverie are to bee returned to the Custos Rotulor of the County when the same persons are Iustices of Gaole delivery and of Oyer and Terminer they may sit the same day and place and enquire by the same Iurie but the entry of the Records must be severall according as the Indictment is At the Assises in the Countrey the Iustices have their severall power as the Iustices of Gaole delivery Oyer and Terminer and Iustices of the peace But when the Records are made up they must bee according to the power they made election to proceed upon This is the regular and legall course But the Clerkes of the Assizes promiscuously make entry thereof But if a Writ of Error bee brought they must certifie according to Law or else it will bee erronious and so upon a Certiorari The Sessions of London may bee begun at the Guild-hall and then adjourned to Newgate if some Indictments bee at Guild-hall then those must bee so certified if others at Newgate then the adjournment must bee mentioned and that the Indictment was then taken Note that the tryall of Indictments taken before Iustices of the peace of London cannot bee tryed at Newgate as in nature of a tryall before Iustices of the peace at London for many of the Commissioners for Gaole delivery are not Iustices of the peace for London but in such cases the tryall must be before the Iustices of Gaole delivery as upon Indictments taken before the Iustices of the peace of London as in the case of Indictments taken before the Iustices of the peace of Middlesex But if Indictments at Newgate be originally taken before them as Iustices of Gaole delivery then it is inquirable how the Iurie sworne and impannelled to enquire at the Sessions of the peace of London or Middlesex doe serve to present Indictments before the Iustices of Gaole delivery at Newgate unlesse the custome and usage will warrant the two severall Iuries sworne at the Sessions of the peace for London or Middlesex are also by the same oath and impannelling to serve for the grand Iury for the Commission of Gaole delivery and Oyer and Terminer Vpon conference with Mr. Keeling and the Clerkes for Newgate of London and Middlesex and the Clerkes of Assizes and view of the severall Entries a more mature and certaine resolution may bee given this being in hast and without such considerations as were requisite FINIS

The Father to the bough the sonne to the plow and yet directly against the Common law So I thinke of the case of Hogs put by Mr. Wray for that in the time of pestilence it is dangerous to let them come into Citties This Citty is the greatest Citty and most populous in this Realme and the more populous the more honourable the more buildings the more populous and honourable will it be And therefore Building is to bee favoured And by this building all his light is not stopped but parcell And Mr. Hales thereby looseth no not any great commodity but is restrained of a little pleasure for which hee cannot maintaine his action To the act of Parliament I will speake nothing but this I will say that if any custome bee meerly voyd of reason it is not good As the custome in 5. H. 7. that if the Lord distraine the beasts of his tenants for rent that hee may detaine them until hee be satisfied at his pleasure and 21. H. 7. that if any doe breake the Pound he shall pay 3 l. this is a voyd and unreasonable custome to binde an estranger and yet by common consent of the Lord and tennants it is good to binde the tenants So if I prescribe that if any mans Sheepe goe on my ground all the day to have the foldage of them in the night is a good custome because by common entendment the owner hath quid pro quo So our custome is for the maintenance of the Citty neyther is it against the common law directly neither hereby any offence or hurt is done unto Mr. Hales for his House is not thereby impayred And therefore I thinke his action will not lye Finis de cenx Arguments Resolutions of the Judges of Assises 1633. 1. Question WHether the Church-wardens and Over-seers of the poore of a Parish with assent of two Iustices of the Peace one beeing of the Quorum may by the Statute of 43. Elizabeth cap. 2. or any law enforce a Parishioner of the same Parish to take a Childe of a poore parishioner of the same parish who is not able to keepe his sayd childe to be an apprentise Resol The Statute of 43. of Elizabeth which sayth that the Church-wardens and over-seers of the parish shall put out Children to bee apprentices necessarily implyeth that such as are fit must receive Apprentices and the putting out of poore Children to be apprentices is one of the best wayes for the providing for the poore 2. Q. If they may then whether they must not give money with him and who shall determine what money shall bee given with him if the party that is to take such an apprentice and the Church-wardens and Overseers cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Church-wardens and Overseers all circumstances of age and ability beeing considered and if they cannot agree with the party then the Iustices of Peace neere adjoyning or in their default the Sessions of peace are to determine these Controversies 3. Q. Whether a Knight Gentleman Clergy-man or Yeoman or one that is Sojourner using husbandry cloathing or grasing or the like may be enforced to take such an apprentice Resol Every man who is by calling or profession or manner of living that entertaineth and must have the use of other servants of the like quality must entertaine such apprentices wherein discretion must bee given upon due consideration of circumstances 4 Q. Whether a wealthy man keeping few or no servants nor wanting a servant but living privately may be enforced to take such an apprentice if not then whether hee may bee taxed towards the putting forth of such an apprentice Resol For the receiving of such apprentices the answer may bee referred to the question next before but out of doubt every such person must contribute to the charge as to other charges for the provision for the poore 5. Qu. Whether they may enforce a parishioner that is of one parish to take such a childe apprentice that is of another parish but within the same County or division if the proper parish be not able to provide for the children of the same parish Resol The Iustices may provide Masters for them in other parishes within the same hundred if the same hundred be not able then out of that hundred in the rest of that County As for other provision for the poore which must bee at a quarter Sessions 6. Q. If such a Parishioner may be enforced to take such an apprentice and shall refuse not onely to take such an apprentice but also refuse to be bound to appeare at the next quarter Sessions or Assizes what shall be done to him Resol If any refuse let such a one bee bound over to the next Sessions or Assizes if he refuse to give such bond let him bee sent to the Gaole there to remaine until hee will give such bond 7. Q. If such a Parishioner who refuseth to take such an apprentice shall bee bound over to the Sessions for not taking such an apprentice and when hee appeareth there shall likewise refuse what shall bee done to him and what shall bee done to the Parents who refuse to suffer their Children to bee put out to bee apprentices themselves not being able to maintaine them Resol If at the Sessions or Assizes such a one refuseth to take an apprentice and his excuse be not allowed it is fit he bee bound to the good behaviour and it will be a good course to indict such a refuser for a contempt and thereupon to fine imprison him if he refuse to be bound to the good behaviour let him be imprisoned untill he will the Kings book of orders directs that such bee bound with good sureties to appeare at the Councell board if the Parents of such poore children refuse to suffer their children to be bound apprentices or being bound entice them away themselves not beeing able to maintaine them let them bee committed to the house of correction 8. Q. Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute law If the party indicted shall submit himselfe to the fine of the Court and waive the traverse Resol If the party be convicted or confesse the fault it is not in the Power of the Court to mitigate the fine in such cafes where the Statute makes it certaine but if the party indicted protesting his Innocencie yet quia noluit plitare cum domino Rege puts himselfe up into the grace of the Court the Court may impose a moderate fine and order to forbeare the prosecution 9. Qu. If any be bound to appeare at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine aforesayd upon the confession of the fact Resol This is answered before to the next precedent Article 10 Q. If a man be convicted for

for her after her time ended Resol If a woman being with childe procure her selfe to bee retayned with a Master who knoweth nothing thereof is a good cause to discharge her from his service And if shee bee begotten with childe during her service it is all one but the Master in neyther case must turne away such a servant of his owne authority But if her terme be ended or shee lawfully discharged the Master is not bound to provide for her but it is a misfortune falne upon the parish which they must beare as in other cases of casuall impotency 23. Qu. Whether being delivered for a bastard childe in one parish and goeth into another with her childe and becomes vagrant and so is sent to the place of her birth her bastard childe being under the age of 7. yeeres shall bee setled with the mother and there maintained if the mother be not able nor the reputed Father knowne found or whether it shall be sent to the place of its birth or being setled with the mother whether the Parish where it was borne shall be ordered by the two next Iustices to pay a weekly summe towards the maintenance of it Resol The Bastard childe must bee placed with the mother so long as it is within the quality or condition of a Nurse childe which shall bee till seven yeeres of age and then it is fit to be sent to the place of its birth to bee provided for the mother or reputed father not being able And the Parish where the childe is borne shall not be forced to contribute to the charge as long as the Mother lives and the child be under 7. yeeres old 24. Q. A man with his Wife and Children takes an house in one Parish for a yeere and before the end of his terme is unlawfully put out of possession and after taketh part of an house as an Inmate in another Parish from whence hee is also put out and then not beeing able to get any dwelling they come to lye in a Barne in a third Parish where the Husband falleth sicke and the Wife is delivered of another childe where ought these to bee setled Resol If a man or woman having house or habitation in one parish be thrust out this is an illegall unsetling which the Law forbiddeth for none must bee enforced to turne vagrant and such one must bee returned to the place where hee or shee was last lawfully setled and the Childe also borne in the time of this distraction 25. Q Whether an apprentice put out by the Churchwardens c. according to the Statute to a Master in another Parish if his Master dye and leave no Executor or Administrator fit to keepe an apprentice or able to place him Hee shall bee provided for in the parish where hee was apprentice or shall bee sent backe to the parish from whence hee was put out Resol Servants and apprentices are by law setled in that parish and if they become impotent there the parish must abide the adventure after their terme or time of service be lawfully ended 26. Q. What is accompted a lawfull setling in a parish and what not Resol This is too generall a question to receive a perfect answer to every particular case which may happen but generally this is to bee observed that the law unsetleth none who are lawfully setled nor permits it to be done by practice or compulsion and every one who is setled is a native housholder sojourner an apprentice or servant for a moneth at the least without a just complaint made to remove him or her shall be held to be setled 27. Qu. A rogue is taken at C. and will not confesse the place of his birth neyther doth it appeare otherwise but that hee confesseth the last place of his habitation to be at S. hereupon he is whipped and sent to S. at his comming to S. the place of his birth is there knowne by some to be at W. and thereupon the rogue confesseth it to be so whether he might without any new vagrancy be sent to W Resol In this case it is fit to sent such a rogue to the place of his birth for this is but a mistaking and no legall setling 28. Q. If an Indictment be preferred to the grand Iury of the quarter Sessions of the peace against one for murther manslaughter for robery felony or Petilarceny and ignoramus found thereupon whether the said Sessions may deliver the party by Proclamation or not Resol Not by Proclamation at all but for petty Lacenyes and other petty Fellonies in discretion the Gaole may be delivered of them 29. Q. If a Constable be chosen and refuseth to take his Oath what shall be done and whether a Constable may make a deputy and by what meanes Resol The refusall or neglect to take oath in such a case is a contempt worthy of punishment and thereupon to fine and imprison him and the making of a deputy is rather by toleration then by law 30. Qu. If a Constable dye or remove out of the parish where c. How is his place to be supplyed Resol By the Lord of the Leete if that time fall neere otherwise by the Sessions but if that bee too farre off then by the next Iustices 31. Q. If a poore weake man be chosen Constable or Tything-man and bee unfit for the place how may hee be removed and a fit man sworne in his roome Resol The Iustices of Peace must helpe this and if the Lord of the Leete have power to choose a Constable or Tything-man and performe so ill it is a just cause to seize his liberty 32. Qu. If a Nurse-childe a Scholler at a Grammar-schoole or in the Vniversity prove to be impotent by Sicknesse lamenesse lunacy or discovery of Ideocy c. how such persons shall be disposed Resol A Nurse-childe or a Scholler at the Grammar-schoole or at the Vniversity or persons sent to the Common gaole Hospitall or houses of Correction are not to bee esteemed as persons to be setled there more then Travailers in their Innes but their setling is where their Parents are setled and Children borne in common Gaoles and House of correction their parents being prisoners are to be maintained at the charge of the County 33. Qu. What proportion Parsonages or Tithes shall beare to the taxation of the poore of the parish Resol The Parson or Vicar presentative shall according to the reasonable value of his Parsonage having consideration to the just deductions 34. Qu. Whether for the placing the poore of the parish not to bee remove by consent of the parish these poore men may not bee placed as Inmates for a time Resol They may by expresse words of the Statute of the 43. of Elizabeth 35. Qu. If a parishioner or owner within a parish do bring into the parish without the consent of the Parish a stranger of another parish which is or apparantly is like to bee burthen-some unto the parish how they may ease