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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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arraignement of the offender and to give advice concerning the offence committed VI. This offence shall be prosecuted within three months and the offender shall be admitted to produce witnesses for his default VII Stat. 2 3. E. 6.1 Every Minister shal use the Church service in such forme as is mentioned in the Book of Common Prayer established by this Act and shall not use any other or deprave the same in paine if he be beneficed and convict thereof by the verdict of 12. men his owne confession or notorious evidence of the fact to forfeit to the King for the first offence that of his benefices which the King will choose and to suffer six months imprisonment for the second to suffer one whole yeares imprisonment and to be deprived ipso facto of all his Spirituall promotions whereupon every Patron may present and for the third to suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer six months imprisonment and for the second imprisonment during life VIII If any shall be convicted to have by enterludes playes songs thymes or otherwise depraved the said books or to have compelled or procured the Minister to sing or say any other Church Service or in any other forme then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit x. li. to the King or that not paid within six weeks after conviction shall suffer in stead thereof three moneths imprisonment without baile for the second time offending shall forfeit xx l. or that not paid within six weeks as aforesaid shall suffer six moneths imprisonment without bail and for the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Termin and Justices of Assise have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocesse may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such tongues as they understand the holy Communion only excepted or any other to use Psalms or prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assise or Sessions of Oyer and Terminer after they are committed And here tryall of Peers shall be by Peers XII Chief Officers of Cities and Corporations shall also heare and determine these offences within their severall prccincts and so likewise shall Ecclesiasticall Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5 6. E. 6.1 Every person shall resort to his Parish Church or Chappel or upon just let so to doe to some other every Sunday and Holiday in pain to be punished by the censures of the Church XIV The Common prayer book now made perfect and annexed to this Act. together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2 3. E. 6.1 is ordained under the pains in the same Statute expressed XV. If any shall be convict by verdict of twelve men before Justice of Assise Oyer and Terminer or Peace in Sess to have wittingly heard or to have been present at any other form of Common prayer administration of Sacraments making of Ministers or other rites then what are expressed in the said book or which are contrary to the said Statute of 2 3. E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturbe a Preacher lawfully licenced he shall be by the Constables or Church-wardens of the parish brought before a Just of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Gaole there to remain for three moneths and from thence to the next quarter Sessions at which upon the parties reconciliation and entring into bond for the good behaviour for one whole yeer at the discretion of the Justices in Session he shall be released but if hee persist still in his obstinacie he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII Hee that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit v. li. to the Queen XVIII The inhabitants of a towne that suffer such an offender to escape shall forfeit v. li. being presented before the Justices of Peace in Sess within the County or Corporation where the escape was made XIX Justices of Peace Assise and Oyer and Terminer and Maiors and head Officers of Corporations have power to heare and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiasticall lawes Howbeit none shall be punished twice for one offence XXI Stat. 1. El. 2. Every Minister shall use the Church Service in such forme as is mentioned in the book of Common prayer established by 5 6. E. 6.1 together with the addition of certain lessons to be used on every Sunday in the yeer and the form of the Letany altered and corrected and two sentences only added in the delivery of the Sacraments to communicants XXII If any Minister shall be convicted by the verdict of twelve men his owne confession or notorious evidence of the fact to have refused to use the said Church service or to have used any other rite ceremony order forme or manner then is set forth in the said book or to have depraved the same book or any thing therein contained he shall forfeit being a benefited man for the first offence one whole yeers profit of all his spirituall promotions and suffer six moneths imprisonment for the second shall be deprived ipsofacto whereupon every Patron may present and shall suffer one whole yeeres imprisonment and for the third shall be also deprived as aforesaid and shall suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer one whole yeeres imprisonment and for the second imprisonment during life XXIII If any shall be convicted to have by enterludes playes songs rhymes or otherwise depraved the said book or to have compelled or procured the Minister to sing or say any other Church service or in any other form then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said service they shall for the first offence forfeit 100. Marks to the Queen or that not paid within six weeks after conviction shall suffer in stead thereof six moneths imprisonment for the second offence shall forfeit 400. Marks or that not
tax upon a warrant as aforesaid shall forfeit for every such default x. s. to be imploied upon the charitable uses aforesaid VI. If any infected person residing in an infected house after command by a Justice or other officer presume to come forth the Watchmen may resist him and if any hurt happen to him thereupon the Watchmen shall not be impeached therefore VII If any person having a sore upon him go abroad and converse in Company he shall suffer as a Felon and if he have no sore he shall be punished as a vagabond according to the Statute of 39. El. 4. See Vagabonds 3. c. VIII No Attainder of Felony by vertue of this Act shall extend to Corruption of Blood or forfeiture of goods or Lands IX It shall be lawfull for the Just of P. and Head officers to appoint Scarchers Watchmen Examiners Keepers and Buriers and to minister unto them oathes for the due performance of their offices and to give them other directions as in their discretion shall be thought fit X. Justices of P. or Head officers shall not by force of this Act meddle in the Universities Cathedrall Churches or Colledges Playes and Games I Stat. 33. H. 8.9 None shall keep or maintain a house or place of unlawful games in pain of xl s. and none shall use or haunt such places in paine of 6. s. 8. d. II. In every Placard to keep common Gaming the Games there to be used shall be inserted as also the persons who shall play thereat and every Placard otherwise granted shall be void The G antee also of such a Placard shall be bound by recognisance in the Chancery with good sureties not to use it contrary to the from thereof III. It shall be lawfull for Justices of P. in every County and for Head Officers in Corporations as well within Liberties as without to enter and resort into all such houses and places where such unlawfull Games are suspected to be used and aswell the Keepers thereof as the resorters thereunto to arrest and imprison untill they shall severally give good Security at the discretions of the said Justices or officers not to keep or use such games any more IV. Every Maior Sheriffe Bayliffe Constable and other Head officer within every City Borough or towne shall make due search as aforesaid once every moneth at least in pain to forfeit xl s. for every such default V. No Artificer or his Journeyman No Husbandman Apprentice Labourer Servant at husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tenis Dice Cards Bovvles Clash Coyting Logating or any other unlawfull game out of Christmas or then out of their Masters house or presence in paine of xx s. And none shall play at Bowles in open places out of his Garden or Orchard in pain of 6. s. 8. d. VI. All Informations or suits upon this Statute shall be prosecuted within one year and the forfeitures thereof which happen within a Leet or Liberty shall be divided betvvixt the King the Lord therof in all other places betwixt the King the prosecutor VII Proclamation of this Act shall be made quarterly in every Market Tovvne as also at every G. D. Ass and Sess VIII This Act shall not restraine a servant by his Masters Licence to play at Cards dice or Tables with the Master himselfe or other gentleman resorting to the Masters house and if the Master hath Freehold of 100. l. per annum he may also licence his servant to play at Bovvles or Tenis IX Stat. 2.3 P. M. 9. All Licences to keep houses and places of unlavvfull Games shall be void X. Stat. 3. Jac. 21. None shall in any stage play Shew May-game or Pageant profanely use the name of God Christ Jesus the Holy Ghost or Trinity in pain of x. l. to be divided betwixt the King and the prosecutor S. Actions Popular 17. Alehouses 2. Holydayes 1. Ponds S. Hunters Poore People I. Stat. 43. El. 1. The Churchwardens of every parish and 4.3 or 2. housholders there according to the greatnesse of the parish to be nominated yearly in Easter week or within one moneth after under the hands and seales of two Justices of P. 1. Qu. shall be called Overseers of the Poore for the same parish II. These Officers or the greater part of them shall take order vvith the Consent of tvvo such Just for the setting of poore people to work and for raising by taxation a convenient stock to work upon to relieve impotent persons to put forth Apprentices and to performe all other things concerning the premisses III. These officers or such of them as shall not be let by some just excuse to be allowed two such Justices shall meet monethly in the Church upon the Sunday after Evening prayer and there consider of some meet direction in the premisses And shall within foure dayes after the end of their yeare and other Overseers nominated yeeld up a true accompt to such tvvo Justices pay the Surplusage thereof to their successors and use all possible diligence in their office in pain to forfeit for every such default xx s. IV Where the Inhabitants of any parish are not able to relieve themselves tvvo such I. may tax other parishes and places and the vvhole Hundred also if need require and where the whole Hundred is not able Just of P. in Ses● may tax the County in part or wholly at their discretions V. It shall be lavvfull for the said officers upon warrant from two such Just to levy such tax or surplusage by distresse and sale of goods and in default of distresse tvvo of the said Just have power to commit the party to Prison there to remain without Baile untill it be discharged and also to commit persons which refuse to work to the house of Correction VI. The said officers or the greater part of them vvith the assent of two I. of P. may bind poore Children Apprentices viz. a man child till 24. yeares of age and a woman Child till 21. yeares or Marriage VII The said officers shall with the Consent of the Lord of the Mannor first obtaind in writing under his hand and Seale either of themselves or by vertue of a Sess order erect Cottages upon the wast and lodge Inmates therein notwithstanding the statute of 31. El. 7. But those Cottages shall not be afterwards otherwise imployed then to lodge impotent persons therein upon the paines mentioned in the said statute of 31. El. VIII Justices of P. in Sess shall rectifie unjust taxes whose order therein shall be binding to all parties IX The Father Grandfather Mother Grandmother and Children of every poore person shal be assessed towards their reliefe as the Just of P. in Sess of the County where such Father c. dwels shall limit and appoint in paine to forfeit 20. s. a month X. Officers in Corporate townes and Aldermen of London have in their severall precincts like authority that Just of P. have in the Counties which
offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse