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power_n court_n murder_n parochial_a 24 3 16.1594 5 false
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A78571 Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority. Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale. Well-willer to the publique weale. 1659 (1659) Wing C1938; Thomason E989_27; ESTC R208259 43,827 64

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transmitted to the next superior Judicature but if it shall not be of greater value in the estimation of the Court then the Court hath power to judge of judgement shall be therein given and execution done thereupon as in other cases 16. In all cases where Murther Murther Manslaughter and Rape Man-slaughter or Rape shall be committed the offenders shall be examined before the Parochial Magistrate where the parties shall be apprehended or the fault committed so many as shall be found guilty shall be sent by the Constable to the Sheriffs Deputy and by him to the Provincial Goal there to be kept in work as shall be directed till their legal delivery thence in none of these cases Bail shall be admitted but to be tryed by Juries as hath been accustomed and to suffer death if found guilty without benefit of pardon or Reprieve 17. In all manner of ●heft Robbery Theft Robbery Cousenage and Fraud Cousenage and Fraud the Offenders shall be examined before the Parochial Magistrates and if found guilty threefold restitution shall be made to be disposed one part to satisfie the party wronged one part to the common stock of the Town and one other part to the Constable for reparation of High-ways which if the party refuse and no distress shall be found to satisfie the Law the body of the offender shall be committed to the custody of the Master of the Work-house or else sent to the place from whence they came if aliens with Certificate of their offence and there to be imployed and to have two parts only of their gets allowed for their maintenance and a third to be to the use of the common stock The detainer or sending away to be at the election of the Parochial Magistracy where such offender or offenders shall be apprehended and tryed as aforesaid 18. Defamation All false accusations on purpose to defame any person shall be heavily punished by the immediate Magistracy where the offence shall be committed and in this case no Appeal to lie or be admitted and where the offence shall deserve greater punishment then the Parochial Magistrate may inflict who may not exceed 10 li. in any case the same shall be certified to the Sub-provincial Magistrate and if it require thence to the Provincial but not further All ambiguous cases shall be transmitted with the evidences to the next superior Magistracy and so on to the Parliament if no inferiour Court shall be free to give judgement therein 19. Fighting quarrelling and breaking the Peace All fighting quarrelling and breaking of the Peace shall be examined and punished by the Parochial Magistracy where the same shall be committed and satisfaction made to the party wronged without delay whereto the offenders shall be compelled according to the order of the Court and for all bruisings and beatings satisfaction shall be made as the Laws in being direct If any Master or Mistress shall immoderately correct any child or servant Masters and servants the Court Parochial shall punish the offender 20. If any child or servant shall refuse to do their duties or shall strike or quarrel with their Parents Masters or Mistresses the Court shall heavily punish such offences and if any Apprentices shall so do they shall serve a double term and any other servant a double year for the same wages No son or daughter vilifying or slighting their Parents or either of them shall be capable of inheriting any thing from either father or mother after their respective deaths 21. Let so many Registerial Courts be erected as there are Registries viz. to every Registry it's Court with Officers Fees and Rules to walk by for the ease and profit of each particular interest 22. National Judges Let twelve Judges learned in the Laws be appointed by Parliament to attend the National Registerial Court to which let all great causes be reduced any three whereof with the Register or one Assistant shall have power to hear and determine all matters of controversie and let the three Bars in Westminster-Hall be the places of Judicature and the several rooms adjacent Offices for the Registers viz. each two Circuits their proper Court for trial of all grand Causes arising within their limits and in other mixt cases where one party shall live in one Courts jurisdiction and one in another there the Cause to be heard in the third Court where neither parties interest is more concerned then the other 23. Let only two Vacations be in the whole year viz. Vacations one from the first of December to the tenth of February the other from the last day of May till the first day of September yearly in which Summer-Vacations the Judges to ride the several Circuits as now to visit the several Registries calling before them all the Registers of every Province and hearing all complaints against any Register Clerk Atturney or other Officer and punishing all offenders and also for determining all grand and difficult Causes and Causes of Appeals where any such shall be depending 24. Terms and proceedings Let all the rest of the year be two continued Terms wherein the Judges shall sit as often as cause shall require the first day of every Term being a Return-day and the third day day of Appearance before which third day the Plaintiff in every Action shall enter his Declaration with the Register whereto the Defendant shall plead within ten days and enter his Plea with the same Clerk whereupon order shall be given for examining Witnesses and depositions sent into the several Countries to the respective Parochial Registers within whose limits the several Witnesses shall live whose Examination shall be taken and returned within one month after the Pleading aforesaid and entry made thereof also with the same Registerial Clerk by whom the first Summons was awarded with whom all the entries in the same Cause shall be made The fourth day after return of the examinations aforesaid the Cause shall be heard if it be not the Lords day if so Judgement the day next following and Judgment shall be given and entred the same day with the same Clerk and the sixth day after Judgement Execution shall be awarded not to recalled unless the parties agree in the mean time and enter their Agreement with the same Clerk In case of any Witnesses absence on the Defendants behalf upon warrantable occasions made appear upon oath to any Parochial Register by whom the Witness or Witnesses were to be examined a second day to be given upon the Defendants payment of costs for examination not to defer the hearing above one month longer then it was to have been 25. Provincial Judges Let two Judges be appointed by Parliament to attend every Provincial Registerial Court that one Judge with the Register and one Clerk assistant at least shall be present when all matters shall be heard and in all difficult matters one Judge at least shall be called out of the next Province who shall
before Judgment given but after Judgement either party that is wronged may bring a Writ of Appeal from the next superintendent Court and Execution shall be stayed till the matter thereof shall be heard in the same Court to which the Appeal shall be made which shall be the third Court-day after return of the first Writ which shall be executed by summons of some Court-Officer in person at least fourteen days before the day of appearance where the business shall be determined without any further Appeal by either party and execution shall be awarded upon the Decree or Order of that Court not to be Repealed This Case of Appeal not to extend to any contemner of Summons as aforesaid 9. Sheriffs In every County or Province a Sheriff shall be annually elected by Parliament who shall within one month after his appointment substitute in each Sub-province in his County or Province a Deputy which shall be approved by the next Provincial Registerial Court in which the Sheriffs election shall be subordinate to the Court and no one person to continue in that place more then one year the old Officers for the precedent year to officiate till the new ones for the next year shall be approved on and thereto Authorized by the Provincial Registry 10. Constable In each Parochial Registry shall be likewise every year elected an Officer by the name of Constable who shall have chief care of preserving the Peace and shall have the execution of all Writs issued from the Parochial Register other then such Summons as are elsewhere directed to be done by the Atturneys For choice of this Officer shall be presented three names by the precedent Constable to the Sub-provincial Registry who shall chuse and Authorize one of them Constable for the next year 11. Manner of Elections That no person shall be elected to the same Office either of Sheriff Sheriffs Deputy or Constable for the same liberty before seven years shall be elapsed after his serving thereof before he shall be new elected but that several persons be imployed therein from time to time and that no persons shall be elected to serve any such Office who shall not have Estate responsible to the Publique for what shall be intrusted with them 12. Collections That all Collections which shall be from time to time made and imposed on the Country shall be collected by the Constables and by them entred in their respective Parochial Registries and then paid to the Sheriffs Sub-provincial Deputy and by him and every of them entred in their respective Registries and then paid to the Sheriff and by the several Sheriffs to the Treasury of the Revenue to be appointed by Parliament for receipt thereof 13. Justices of Peace That one or more persons of quality in every Sub-province be and execute the place of Justices of the Peace and keep general Quarter-Sessions as is accustomed and also private monthly Sessions as often as need shall require and at each general Quarter-Sessions the Sheriff or under-Sheriff for that Province shall be present and also the several Constables or their sufficient deputies for the several Parishes and also one or more of the Church-wardens for every Parish to present what shall be amiss within their several and respective Liberties which shall not be taken care of or duely executed by the respective Registerial Courts and the said Justices shall have power to convent before them all Offenders and also all Registers Clerks Assistants or Deputies Atturneys and other inferiour Officers within the same Riding or Liberty for which the Sessions shall be kept and all other Misdemeanors and breaches of the Peace whatsoever and punish the Offenders and regulate the same as well as any superiour Court shall have power to do Each Constable shall annually elect under him a substitute in each Village Hamlet and Township within the Parish who shall be approved of and authorized by the Parochial Registerial Court whereby they shall be sworn truly to execute all Summons and other precepts to them sent and to endeavour to preserve the Peace and keep good Order and if any shall refuse so to do within their limits to return their names and offences to the Constable who shall for his year use the power of a Magistrate for punishment of all Offenders contrary to Law 14. Church-wardens Each Parish shall yearly elect so many Church-wardens as have been accustomed who shall be sworn by the Registerial Court to take care for the repairing beautifying of the Church Church-yard wall Gates and Stiles and to provide for convenient and decent furniture for the Church viz. for Books Cushions for the Pulpit Carpet for the Table Chalices or Cups for the Communion Candlesticks and Candles for celebration of Prayers Evening and Morning in Winter Bells Belstrings and Clock with the Appurtenances and shall see that all seats be conveniently placed and controul all irregularities in the Church they shall also take care for amendment of all Highways in their Parish and for providing for such poor as shall not be able to help themselves for there shall be no beggers permitted but if any so do they shall be sent by the next Officer to the Constable and by him sent to the common Work-house unless security be given to offend no more For doing of all which they shall impose such Assesments as shall be convenient to be collected and disbursed to and for several uses by the Constable who at his going out of Office shall accompt before the Registerial Court for all receipts and payments and shall within six days pay all Moneys remaining in his hands to the succeeding Constable for the next year which if he shall refuse distress or seizure of his Estate real or personal shall be made by the succeeding Constable by Warrant under the Registers Seal and if any Constable shall disburse more for any the uses aforesaid then he shall collect he shall upon clearing his accompts and allowance thereof by the Registerial Court and entry thereof with the Register be re-imbursed the same by the next Constable within one month which shall be allowed in his Accompts And if any succeeding Constable shall refuse to make payment of any such disbursements to the preceding Constable the same being allowed and entred in the Registry an Action of Debt shall lie to be recovered by way of distress by the Sheriffs deputy in the Sub-province and no allowance shall be made in his accompts of any charges expended therein All Assesments to be imposed by the Church-wardens aforesaid shall be entred in the Registry and by the Registers ordered to be collected signifying for what use or uses the same are imposed and not otherways 15. Actions of Trespass and Slander All Actions of Trespass and Slander shall be heard in the Parochial Court first where the same shall be committed and if the same shall be of greater concernment then the Court hath Cognizance be