Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	church_n	head_n	supreme_a	4,494	5	9.0477	4	true

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

noluit Iudgement Fine imprisonment and bonds of the good behaviour et tunc et ibid. et diversis alijs diebus et vicibus minat fuit accendere domos inhabitantium villae praed in magnum terrorem perturbation ligeor subditor dom Reg. et contra pacem c. 17. An Indictment for keeping of dogs accustomed to kill sheep IUr. pro Dom. Rege dicunt praesentant quòd A.B. de C. in Com. D. yeoman quosdam canes ad mordend oves consuetos apud S. in Com. D. praed scienter custodivit retinuit qui quidem canes primo die Augusti anno c. viginti oves cujusdam I.C. praetij c. apud S. praed in Comitatu praed tam gràviter momorderunt quod oves praed tunc ibid. interierunt Iudgement Fyne Imprisonment ad grave damnum ipsius I.C. ac in malum exemplum praejudicium Reipublicae ac contra pacem c. 18. An Indictment where one committed to prison to a Serjeant at Mace by the Bailiffe of a Towne for resistance disobeying and disturbing them from doing their office escapeth out of prison and goeth away out of the same IVratores c. quòd cum quidam D.E. de c. die Martis viz. quinto die c. apud P. in Com. praed commissus fuit per R.I. gen unum ballivor villae de P. praed H.L. gen deputat I.B. gen al. ballivorū ejusdem villae in gaol sive prison villae praed pro quibusdam resistentijs disobedient malefact per ipsum D.E. versus ipsum R. ballivum in executione officij sui virtute literar dom Regis eid R. direct ibid. moratur sub salva custod M. unius servient ad clavam in villa praed quousque praed D. inde deliberatus dimissus esset per debit legis formam praefat tamen D. circa horam 12. in nocte ejusdem diei anno supradicto regni regis praed prison in qua detent fuit ut praed est adtunc ibid. malitiosè minus juste fregit ab hujusmodi prison sine aliqua licentia evasit escapavit Iudgement ut supra contra formam statut in hujusmodi casu edit et provis ac contra pac dicti dom Regis c. 19. An Indictment against a Priest for affirming that the Pope of Rome is supreme head of the Church of England and against one as accessarie for comforting of him therein IVrat praesent pro Dom. Rege c. quòd I.S. de C. in Com. E. Cleric die c. anno c. apud D. in Comitatu E. praed scienter consideratè malitiosè directè affirmavit defendit authoritat Papae Romani Ecclesiasticam in hoc regno Hiberniae praeantea usurpatā his expressis verbis Anglicanis sequentibus viz. I sweare by the blessed Masse and will auow that our holy Father the Pope of Rome is the supreme head of the Church of England In magnam derogation regiae authoritatis praerogativae dicti dom Regis nunc ac contra coron dignitat suam necnon contra formam statut in hujusmodi casu edit provis cōtra pacem c. Et quòd A.B. de D. praed in Com. E. praed Wax-chandler sciens ipsum I. S. dicta verba locut esse Iudgement Forfeiture of goods and if the goods doe not amount to 20.l then besides this forfeiture a yeres imprisonment ac dictam dicti papae authoritatē modo forma ut praefertur defendisse ipsum I.S. apud D. praed in dicto Com. E. postea scil die c. anno c. consolatus est confortavit ex industria ex proposito ad eam intentionē ut idem A.B. promoveret praeferret efferret praef dicti Papae authoritatē usurpatam in perniciosissimum alior exemplū ac cōtra coron dignitat dict dom reg nunc ac etiam contra form stat in hujusmodi casu provis edit 20. An Indictment against a Priest for practising to absolve and perswade a woman from her obedience and subjection to the King and to obey the authority of the S●c of Rome IUr. pro Dom. Rege praesent quòd A.B. de C. in dicto Com. E. Clericus die c. anno c. apud C. praed in Com. E. praed voluntariè fortiter deceptivè subdolè illegitimè conatus est practicavit absolvere persuadere seducere quandam I.W. de C. praed in Com. E. praed viduam à naturali obedientia subjectione sua quam eadem I. erga dict dom Regem gerere debet ad obediend praetensae authoritati sedis Romanae tunc ibidem subdolè illegitimè prae se ferens asserens se habere potestatem facultatem id faciendi tunc ibidem subdolè falsè illegitimè dicens eid Iohanae his Anglicis verbis sequentibus Mother Ioan you shall haue a blacke soule I tell you if you doe not the sooner forsake the King innuend praed dom nostrum Reg. nunc and his heresie and yeeld your selfe to the obedience of our Mother Church the holy See of Rome contra pac dicti dom Regis coron regalem dignitatem suam Iudgement ut supra contra formam statut in hujusmodi casu provis edit 21. For giving of a Liverie IUr. pro Domina Regina praesentant quòd T.B. de C. in Com. T. armiger die c. anno c. apud C. praed in Com. E. praed quasdam liberatas vesturae viz. cuidam A.B. de C. praed in Com. E. praed yeoman tres ulnas panni lanei color veneti pretij 20 s C.D. de B. in dicto Com. yeoman alias tres ulnas similis panni lanci eorund coloris pretij ad duas separales tunicas pro praefatis A.B. C.D. inde faciendas dedit distribuit ubi revera praefati A.B. C.D. aut eorum alter nunquam fuerunt aut fuit domestici servientes aut domesticus serviens Iudgement Fine and Ransome and forfeiture of 5.l for euery moneth officiarij sive officiarius ballivi sive ballivus dicti T.B. aut de consilio ipsius T.B. in una lege sive altera cruditi vel eruditus In magnum dictae Dominae Reg. contempt ac contra formam statut in hujusmodi casu ante hac provis ac edit 22. For receiving and using a Liverie IVr pro Dom. rege praesent quòd A.B. de C. in Com. E. yeoman unam liberat panni viz. tres ulnas panni lanei coloris veneti vocat Anglicè Watchet ad valentiam 20. s. ad tunicam inde sibi faciendam de T.B. de C. praed in Com. E. praed armigero apud C. praed in dicto Com. E. 2. die Augusti c. recepit ead tunica à dicto die secundo anno supradicto usque diem c. anno c. apud C. praed in Com. E. praed

may cause Huy and Cry fresh suit and search to be made upon any Treason Murder Robbery Theft or other felony committed and this he may doe by force of the first Assignavimus of the Commission and the Statute of Winchester 13. Ed. 1. ca. 1. 13. Ed. 1. 12. 2. Note that Huy and Cry ought to be made from Towne to towne and from countrey to countrey and by horsemen and footmen otherwise it is no lawfull pursuite 28. Ed. 3. ca. 11. 11. Caroli c. 13. in Ireland 3. Note also when Huy and Cry is levyed upon any Robbery or other felony the officer of the Towne where the felony was done or Huy and Cry first levyed ought to send to every other towne round about him and not to the next Towne onely and in such cases it is needfull to give notice in writing to the pursuers of the things stollen and of the colour and markes thereof as also of the person of the Felon his apparell and horse c. if it may be Hunting hawking and hawkes CHAP. 40. 1. VPon information given to any Iustice of peace of the County where any unlawfull hunting of Deere or Conies by night or with painted faces or other disguising in any Forrest parke or warren shall be had of any person to be suspected thereof that Iustice may make a warrant to the Sheriffe 1. H. 7. ca. 7. P. Iust 16. Constable Bailiffe or other officers to take the party and to bring him before him or before any other Iustice of peace of the same County who may examine him of that hunting Dalton 60. and of the doers thereof And if he conceale that hunting or any offendor with him therein then the said concealement shall be felony in such concealer but if he then confesse the truth of all that he shall be examined of and knoweth in that behalfe then his offence of hunting shall be but Trespasse and fineable the fine to bee assessed at the next general Sessions of the peace by the Iustices there 2. Also to disobey such a warrant or to make rescous thereupon 1. H. 7. ca. 7. so that the execution of the same warrant thereby bee not had is felonie 3. The Iu. of P. that shall take the examination of an offendor for unlawfull hunting in Parks c. as aforesaid Dalton 66. may after such examination bind the offendor to his good behaviour as it seemeth to the end he may be forth-comming till the offence and residue of the offendors be fully examined otherwise if it shall after appeare that the offendor hath-concealed any thing whereby the offence becommeth felony then the offendor perhaps will not be found 4. Also such unlawfull hunting if it bee by three or moe Ibid. will prove a Riot 5. And yet hunting and hawking and such other pastimes Co. 11. 86. 87. every man may use upon his owne lands at his pleasure so farre as they be not restrained by Act of Parliament but no man may make a parke or warren within his owne ground without the Kings grant or licence and therefore such parke or warren made without licence seeme not to be within the statute of 1. H. 7. 7. 6. Whosoever findeth any Hawke that is lost and doth not immediately bring the same to the Sheriffe to be proclaimed but doth imbezell the same it is felony See more of Hawkes before in the chapter of Felony by statute 34. E. 3. ca. 21. 37. E. 3. ca. 19. Inrolements CHAP. 41. 1. 10. Carol. ca. 1. in Ireland ANy one Iustice of Peace may joyne with the Clerke of the Peace in taking the inrolement of any Indenture of bargaine and sale of land c. lying in that County where he is Iustice of peace according to the statute of 10. Caroli 2. Co. 5. 92. b. P. 1. Co. 5. 1. b. Daliso 4. El. Dyer 218. But such deed and all other deeds to be inrolled according to this statute must be indented re vera and must be inrolled within six moneths after the date of the same Indenture and if it have no date then within six moneths after the delivery of the deed or if it be inrolled the very day of the date of the deed or the very last day of the six moneths it is sufficient 3. Note herein you must accompt 28. dayes to every moneth and not above sc foure weeks to the moneth 4. Note also the difference Co. 6. 62. when a statute accompteth by the yeare halfe yeare or quarter and when by the moneth for a yeare halfe a yeare or a quarter of a yeare shall be accompted according to the Kalender and by the dayes in the Kalender and not after 28. dayes to the moneth And a yeare or a twelve moneth in the singular number includes the whole yeare according to the Kalender but twelve moneths in the plurall number or eight moneths Except in a quare imped See Co. ibid. or six moneths c. shall be accompted after eight and Twenty dayes to every moneth for the moneth by the common law of England is but eight and twenty dayes and so Whereas three moneths six moneths twelve months hath but 84 168 336 dayes The quarter of a yeare halfe of a yeare yeare hath 91 182 365 dayes Dyer 345. Ter centum ter viginti cum quinque diebus Sex horas neque plus integer Annus habet 5. And as to these six houres the Law giveth no regard to them and yet these six houres every fourth yeare doe make a day and so make the leape yeare and this leape yeare containeth in it 366. dayes 6. Note also for the yeare when in an indictment or other writing or deed it shall be set downe or the writing shall be dated Anno Domini 1617. it must be accompted according to the computation of the Church of England which beginneth the yeare upon the 25. day of March. Labourers Artificers and Servants CHAP. 42. 1. LAbour and Industrie is the life of a common wealth It produceth peace and plenty but Idlenesse produceth rebellions murders thefts breach of the peace Rapine spoyle poverty and all manner of miserie so as Idlenesse as it is a great sinne before God and a breach of the royall law so it is an offence against the common law and against the good governement of the people and therefore the Iustice of peace by the first Assignavimus of the Commission ought to imprison such Idlers untill they finde sureties to labour or for their good behaviour and yet for the rooting out of Idlenesse and inforcing of labour and industry divers statutes have been made in England which are of force in this kingdome of Ireland which statutes I shall here expresse in order of time and first in 23. Ed. 3. c. 1. It was enacted that Men Women xl yeares old 13. Ed. 3. ca. 1. 1. Every man or woman of what condition he be free or bound able in body and

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