Selected quad for the lemma: saint_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
saint_n	day_n	john_n	sunday_n	1,303	5	10.6753	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16313	A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print.	Bolton, Richard, Sir, 1570?-1648.	1638 (1638)	STC 3223; ESTC S107128	601,677	634

shall seeme by their discretions to be necessary convenient for the speedy amendment erecting and making of such Bridges Causeys and Toghers every or any of them And where in many parts of this Realme it cannot be knowne and proved what County Barony Citty Burrough Towne or parish nor what person certaine or body politique ought of right to make or repaire such Bridges Causeys or Toghers by reason wherof such Bridges Causeys Toghers for lacke of knowledge of such as ought to make or repaire them for the most part lye without making or repairing to the great annoyance of the Kings subjects It is further enacted that in every such case the said Bridges Causeys and Toghers if they be without Citty or Towne corporate shall be made by the Inhabitants of the Shire or Barony within the which the said Bridges Causeys and Toghers shal happen to be in decay or thought fit to be newly erected or made And if within any City or Towne corporate which is a County of it selfe then by the Inhabitants of every such City or Town corporate wherein such Bridges Causeys Toghers or any of them happen to be in decay or thought fit to be newly erected made and if within a Towne corporate which is no County then by the County or Barony wherein such Bridges Causeys or Toghers shall happen to be or thought fit to be newly erected and if part of any such Bridges Causeys and Toghers or any of them happen to be in one County and the other part thereof in another County that then in every such case the Inhabitants of both the said Counties shall be charged and chargeable to amend make and repaire such part and portion of such Bridges Causeys Toghers or any of them as shall lie and be within the limits of the Shire wherein they be inhabiting and dwelling 8. And it is further enacted that in every such case the said Iustices of Assise in their Circuits and the said Iustices of the peace in the Quarter Sessions respectively with the assent of the Grand Iury shall have power and authority to taxe and set every Inhabitant in any such County Barony Citty Burrough Towne or parish within the limits of their Commissions and authorities to such reasonable aide and summe of money as they shall thinke by ther discretions convenient and sufficient for the new building repairing re-edifying and amendment of such Bridges Causeys and Toghers and after such taxations made the Iustices of Assize and Iustices of peace respectively shall cause the names and summes of every particular person so by them taxed to be written in a Rolle indented and shall also have power and authority to make two Collectors of every Barony Citty Burrough Towne or Parish for collection of all such summes of money by them set and taxed with Collectors receiving the one part of the said Rolle indented under the seales of the said Iustices shall have power and authority to collect and receive all the particular summes of money therein contained and to distraine every such Inhabitants as shall be taxed and refuse payment thereof in his lands goods and Chattells and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better to deliver to the owner thereof And that the same Iustices of Assize and Iustices of the peace respectively within the limits of their Commissions and authorities shall also have power and authority to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received And that the Collectors and Surveyors and every of them and their Executors and administrators and the Executors and administrators of them and every of them from time to time shall at the publique Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money And if they or any of them refuse that to doe that then the Iustices of the peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their Executors and administrators and the Executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace And if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made 9. And lastly it is enacted by the said statute that the Iustices of Assize and Iustices of the peace respectively shall have full power and authority to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretions shall be thought convenient 10. Now concerning high-wayes although by the ancient common Law every Country ought to maintaine and repaire wayes and passages betweene Market Townes yet for the better performance thereof diverse ancient statutes have beene made viz. the statute of Winchester in the time of E. 1. whereby it is ordained that the wayes should be so inlarged that no bushes should be within 200. foote and the statute of 11. Iacobi ca. 7. 11. Iacobi ca. 7. in Ireland whereby it is ordained that Constables and Churchwardens of every Parish within this Realme shall yearely upon the Tuesday and wednesday in Easter weeke call together a number of the parishioners and shal then elect and choose two honest persons of the parish to be Surveyors and orderers of the works for the amendment of the high wayes Cashes and paces in their parish leading to any market Towne the which persons have authority by vertue of that Act to order and direct the persons and carriages that shall be appointed for those workes by their discretions and the said persons so named shall take upon them the execucution of their said offices upon paine every of them making default to forfeit ten pounds 11. And the said Constables and Churchwardens shall also then name and appoint sixe dayes for the amendment and clearing of the said high-wayes cashes and paces in the said severall parishes before the feast of Saint Iohn Baptist then next following and shall openly in the Church the next Sunday after Easter give notice of the same sixe dayes and upon the said dayes the parishioners shall endeavor themselves to the amendment and cleering of the said wayes cashes and paces and shall be chargeable thereunto as followeth that is to say all and every person or persons for every plow land in tillage or

whereof the party is or was so that if there be diverse Hamlets in one Towne he may be named of a place knowne and if the place be within a Towne then he must be named of the Towne 35. H. 6. 30. and if both the Towne and the Parish doe beare one name he may be named of the one or of the other of them but if there be two Townes in one Parish then he ought to be named of the Towne and not of the Parish 5. Ed. 4. 129. 22. Ed. 4. 2. and 22. H. 6. 41. Lamb. li. 4. pag. 490. 11. An indictment against A. the Parson of Dale is not good without naming of the place of his abode because he may lye at another place then where his benefice lyeth 25. Eliz. Cur. Rep. Crompton 12. As for the Alias dictus Alias dictus which is often put in the addition the use thereof is chiefely in writs grounded upon specialties and to make the writ and writing to agree for as touching endictments if the party be not well named both for his name of baptisme surname mystery or degree and place at the first then cannot the alias dictus make that good which was not good before 13. And it appeareth 1. Ed. 4. 2. and 2. Ed. 4. 16. that the addition of the degree or mystery must alwayes be such as the party hath at the very time of the indictment but the addition of the place may be of such place where he was at any time before dwelling so as the word nupèr be used with it 14. Furthermore the indictment must containe the day yeare and place The yeare day and place in which the offence was committed 8. Ed. 4. 8. 2. H. 7. 7. and 25. Ed. 3. 43. and therefore if the indictment suppose it the X. day of March without any more that is not good but if it be the X. of March last past without shewing in what yeare that is good enough for the certainty may be found out by the stile of the Sessions so if it be the tenth day from Easter anno 4. Caroli that is good likewise if it be in the Vtas of the holy Trinity for it shal be there understood to be the very day of the Vtas viz. the 8. day after the Feast and not quarto die after the Vtas but if it be in festo sancti Petri it is not good because there be diverse Feasts of Saint Peter and none without addition saith 3. H. 7. Fitz. Indictments 22. Lamb. li. 4. pag 491. 15. If the indictment be that A. strucke B. 19. die Maij anno regis nunc quarto whereof B. languished untill the xx day of the same moneth quo quidem 19. die he dyed of the same stroke this is faulty because it ought to be whereof he dyed the said xx day c. Lamb. li. 4. pag. 491. 16. If it be 29. die Februarij it is good enough in the bissextill or Leape yeare which happeneth once in every foure yeares and which affordeth 29. dayes to that moneth but if it should be of a day and yeare which is not yet come it is not good 17. If it be Anno Domini 1599. the yeare shal be accounted after the computation of the Church of England and not stilo novo as it is now at Rome and other Countreyes abroad 18. If the offence be done in the night before midnight Lamb. li. 4. pag 492. the indictment shall suppose it to be done in the day before and if it happen after midnight then it must say it must be done that day after if it be in festo of any Saint it shal be construed to be in the very day of the Feast and not in the Eve but if the presentment be in the negative or in the affirmative rising upon a negative as that A. hath not scowred such a Sewer or that by the not scowring thereof such meddowes be drowned in these cases there needeth no yeare nor day because it affirmeth a present evill Mar. 19. But as a man may be too negligent in omitting or in not hitting the time so also may he be over curious in doubling it without cause for if he frame the indictment that A. stole certaine goods such a day and such another day that is not good because one felony cannot be twice committed 2. H. 7. 7. 20. But not onely this certainety of time but that of the place Place must be contained in the indictment for it was adjudged 25. E. 3. 43 that a man should not be put to answere to an indictment of killing the Kings Deere because there was no place named in which the offence was done so an indictment supposing a felony to be done in such a place of such a County where in truth there is no such place in that County is meerely voyd by the statutes 9. H. 5. c. 1 and 18. H. 6. ca. 12. 21. If a man being stricken in Midlesex had dyed thereof in Essex the Bookes 3. H. 7. 12. 4. H. 7. 18. 6. H. 7. 10. 7. H. 7. 8. 10. H. 7. 28. and 11. H. 4. c. did not agree in which of these Countyes he should be indicted but the statute of 10. Car. ca. 19. taketh order that if the stroke or poysoning happened to be in one County and the death in another County the indictment in the County where the death is shal be good and likewise that if a Murder or Felony be done in one County and a man becommeth accessary to it in another County the indictment against the Accessary shal be good in that County wherein he becommeth accessary 22. Where by the way you may see in plaine words of this statute that Iustices of the peace may take indictments of murder as of murder though Master Fitz. fol. 17. denyeth it saying that they cannot enquire of murder saving only as of felony or manslaughter but by the statute of 10. H. 7. ca 21. in Ireland murder of malice prepenced is made high Treason and Iustices of peace by their Commission in Ireland may inquire of it as Treason but they may not proceed any further in it 23. And you shall read of an indictment of murder before them recorded in 3. H. 7. 5. agreeable whereunto was the opinion of Hales and Portman Iustices as appeareth in a Report of Dallison Iustice and of the same minde also were the Iustices of the Kings Bench. Lamb. li. 4. pag. 493. 5. Ed. 6. Collections Dyer fol. 69. 24. If a man be robbed by the highway in Midlesex and apprehend the Theefe by Huy and Cry in Essex having the goods about him now may the Theefe be indicted of felony in Essex but not of robbery by the high way for he is a felon of those goods whersoever he be found with them but he is no Robber by the high way save only in that County where the Robbery was committed debet saith Master Bract. quisque