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A93108 A new survey of the justice of peace his office· Wherein is briefly, yet clearly opened the severall parts thereof: and what one, or more justices of peace may do therein, in, or out of the sessions of the peace, by all the laws made to this day; and now in force. With the names, or times, of the statutes, acts, and ordinances themselves, relating to this office. Alphabetically set down under apt titles. / By W.S. Serjeant at Law. Sheppard, William, d. 1675? 1659 (1659) Wing S3194; Thomason E1871_1; ESTC R203711 101,664 254

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lastly named in this Ordinance viz. That all men shall be saved or that man by nature hath Free-will to turn to God or that God may be worshipped in or by pictures c. there must be two Justices of the Peace and one of them of the Quorum who upon the like Conviction as in the last may order him to renounce his opinions in the Congregation whence the complaint came or where the opinion was held or if he refuse so to do to send him to Gaol till he give bond never to do so again But here the Justice must see to it what it is that he Caution to Justices is about to punish For it is provided by a late Act That such as professe faith in God the Father and in Jesus Christ his eternal Sonne the true God and in the holy Spirit God co-equal with the Father and the Sonne one God blessed for ever and do acknowledge the holy Scriptures of the Old and New Testament to be the revealed Will and Word of God and shall in other things differ in doctrine discipline or worship of God they are not except in case of Popery and Prelacy to be punished for this but to be protected therein from wrong or trouble in the exercise of their Religion while they are peaceable and do not hold sorth any horrible blasphemy or teach or practise licenciousnesse or prophanoness under the profession of Christ So 17 Sept. 1656. the Humble Petition This Clause it is probable may reach to many of the things of this Rank as that about the Directory and Directory perhaps that of the Baptizing of Infants and some others It is good for the Justice to be well advised therefore what he doth upon this 3. And as to him that maintaineth any of the blasphemous opinions named in the Ordinance of Parliament of the 9th of August 1650. That he is a God or is Almighty Infinite c. Any one Justice of Peace may upon the proof thereof by the Oath of two Witnesses before him which Oath he may give or upon the confession of it by the party accused send him to prison or to the Bridewell house of Correction for six moneths without Bayl and untill he put in Surety to be of good Behaviour for a year Good Behaviour See the cabinet for clarks Two Warrants prepared for this Case Chap. 3. SECT 7. About challenges and Duells AS to any that be fighting or about to fight a Duell and be for this brought before a Justice of Peace this Justice of Peace may for this bind them Surety of the Peace to the Peace and to appear at the next Sessions And he may send for the witnesses and bind them to appear there Bind over also Upon Ord. June 29. 2654. Confirmed by Act of 17 of Septemb. 1656. See Chap. 3. Sect. 5. SECT 8. About Cheaters or confiners AS to him that is a common Cheater by false Letters Tokens Dyce or otherwise especially if he be idle and go about and make a Trade of Cozening these things are to be known 1. That any one Justice of Peace upon his own knowledge or proof thereof before him by the Oaths of credible witnesss may as some say put him to give Surety for the good Behaviour and Good Behaviour to appear at the next Sessions or if he refuse send him to Goal for it 2. But there must be two Justices and one of them of the Quorum to call in examine and bind over to the Bind over Sessions or if they refuse send to Goal such as by colour of false Tokens or Counterfeit Tokens false Letters in other mens names shall compasse and get into their hands the money or goods of other men Upon 33 H. 8. 1. 3. If a man live at a high Rate and great expence having no visible Estate or Calling to answer it and make it his Trade and Livelihood to cheat deboist cozen and deceive the young Gentry and others Any one Justice of Peace may by Warrant under his hand and seal send for him and warn him to come before him and being before him may require of him sufficient Sureties for his Appearance at the next Quarter-Sessions and for his good Behaviour and if he refuse send him to Goal till he do so Upon the New Act. 17 Sept. 1656. But how the Justice shall take Conusance of this offence except he come before him by this Law I know not Therefore it is best in this case for him to proceed upon his general power at the Common Law and by the Commission of the Peace so to take Informations against him upon Oath And if he find him to be such a man to bind him to the good Behaviour and to appear at Sessions And this is the same remedy in effect as that which the Statute doth prescribe SECT 9. Of a Church Church-Wardens Isle c. AS to the Repair of Churches Church-yards or Chappels when they are decayed these things are to be known Reparations of the Church 1. Any one or more of the Justices of the Peace near to the place where any Church or Chappel is in decay upon any Information thereof may if he please view it himself or appoint the Minister and some of the Parish to certifie to him how it is and what Reparations must be done And then may he or they by a Warrant under his or their hands and seales sent to the Church-Wardens of the place order and direct what reparations shall be made there and in and by what time And in case it be not be done by that time may for their neglect bind over the Church-Wardens Bind over to the next Sessions where they may be fined 40 s. apiece and committed to prison till they pay the Fine 2. But there must be two or more of the Justices near to the place where all or any part of a Chancel or Isle or Church or other place belonging to it that is to be repaired by the Parson or other by Custome or Prescription is in decay to order them that are liable to the same Reparations what to do and to do the same by a certain day Which not done they may be indicted and fined for their neglect at the Sessions 3. There must be two or more of the next Justices to the place yearly to joyn Church-Wardens choyce with the Parish in their choyce of their Church-Wardens And these Justices must within a moneth after their choyce made by the Parish under their hands and seals allow and approve of the same Choyce 4. There must be two such Justices Rates confirmed to confirm such Rates duly made by the Church-Wardens and Overseers of the poor for the Repair of the Church Church-yard and for other matters concerning the Church And to give Warrants under their hands and seales to be directed to the present or subsequent Church-Wardens to do all or any of these following things