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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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of the place where c. to levy of the offenders goods the double value of what is brewed c. to the use of the poor of the place where c. and of the Informer by way of distress and sale thereof rendring c. And for lack of distresse and non-payment thereof to send him to Bride-well for three moneths and untill he pay it See Chap. 7. Sect. 6. Ord. Excise 17th Septemb. 1656. 10. As to Books written against the Books against the Day Morality of this day and to countenance the profanation thereof In this case any one Justice of Peace may burn them himself or cause them to be burnt by others Upon Ord. 6th of April 1644. 11. All persons must on this day apply How the Day is to be kept themselves to the Sanctification of it by exercising themselves thereon in the duties of Piety and Religion publikely and privately Upon Ord. 6th of April 1644. And this is added thereunto by the new Act That if he be not allowed by some one Justice of Peace to absent himself he is every Lords-day to resort to some Church Chappel or other convenient meeting-place of Christians not distering in matters of Faith from the publike profession of the Nation being the true Protestant Christian Religion contained in the Holy Scriptures of the New and Old Testament under pain of 2 s. 6 d. The which any one Justice of Peace upon his own Sight the confession of the party or the Oath of one witnesse may by his Warrant cause to be levied of the offenders goods by way of distresse and sale thereof rendring c. But nothing can be done upon this new Act of 17. Septemb. 1656 but what is done within a moneth after the offence is done 12. Any one Justice may license a License man to be absent from Church to travail or do worldly businesse to be in an Inne or such like house to go earlier out of his Inne Manday morning or come later into his Inne Saturday night or to have a Coach Horse-Litter Boat to travail and pasle in it on this day Upon the Lawes before-named 13. By the new Act of 17th of September 1656 most of all the offences before named are called a profanation of this day and some others as playing on Instruments vain Singing Dancing the going of Fulling-Mills the working in the washing whiting or drying of Cloaths threed or yarn the setting up or burning of Turf or Beere the gathering of Rates except it be for the poor the melting of Tallow and Wax by Chandlers the baking by Bakers the fitting and carrying home of Cloaths by Taylors the Trimming of men by Barbers the keeping of Fairs and Markets and vain and idle walking about in any place And by this new Law my one Justice of Peace in case of any of these offences done may upon his own sight thereof the Confession of the party or oath of one witnesse send his Warrant to the Constable of the place where c. to levy of the offenders goods 10 s. by way of distresse sale c. to the use of the poor of the place where c. But no Conviction can be of any man for any offence within this Law but what is made within a moneth after the offence done And by this new Law any one Justice of Peace may within this moneths time after the offence send his Warrant to search for discover apprehend and bring before him such persons as he is informed have profaned or do profane the day in any of the particulars before named But here we Caution cannot but tell you That the offences formerly named of Travelling carrying burdens and doing worldly labours or work of their ordinary Calling the keeping using or being present at Wakes Revells wrestlings shootings leapings ringing of Bells for pleasure Bowlings Feasts Church-ales May-poles Gaming Bear-bayting Bull-baiting Butchers and others using of their Trades which were offences against other lawes before the making of this Law seem all tobe comprehended within this time now by the words of this Law as to this purpose are provided That no person shall be impeached or molested for any offence within this Act unlesse he be thereof convicted within one moneth after the offence committed And then it will follow That as to all these offences newly named by this Act they cannot be punished by any of the former Lawes but it must be done within the moneth And the Justice of Peace must therefore be wary what he doth herein and take heed how he useth the Warrants we have advised and drawn in the Clarks Cabinet as touching the Lords-Day that do not agree with the Advice now herein laid down without very good Advice SECT 32. About Mault 1. ANy one Justice of Peace may direct the Constable to sell such deceitfull Mault as he upon Search shall find at the price the Justice shall set down Upon 2 Ed. 6. 10 27 Eliz. 14. 1 Iac. 25. 3 Car. 4. 21 Iac. 28. 2. There must be two Justices of the Recognisance Peace to convict an offender by his own Confession or the Testimony of two witnesses of his breach of a Sessions-Order made for the Restraint of Maulsters and to commit him to Goal three dayes and after till he become bound in a Recognisance of 40 l. to obey the Order Upon 39 Eliz. 16. 3. Any one Justice of Peace alone may take the Recognisance of 40 l. mentioned in the last head Upon 39 Eliz. 16. SECT 33. About Masters Servants and Apprentices 1. ANy two Justices of the Peace Speciall Sessions one of them being of the Quorum may twice a year between Micha●mas and Christmas and Lady Day and Iohn the Baptist for three dayes at a time keep a speciall Sessions onely to enquire of the matters and severely to punish the offences against the Stat. of 5. Eliz. 4. about the Hiring Keeping Departing working wages and order of Servants Workmen Artificers Apprentices and Labourers And the Justices are to have each of them 5 s. a day out of the Forfeitures for the time the Sessions doth last for their pains herein 2. It is said that any one Justice of Peace may out of Sessions upon this Law do any one of these things following 1. By the Agreement of the Master and his Apprentice and by writing under the Masters hand discharge the Apprentice of his Apprentiship 2. Allow of the cause of putting away of a Servant but not of an Apprentice within his time 3. Hear and end any difference that shall arise between the Master and his Servant or Apprentice about his not Serving being hired his parting before his tinie be ended or his misbehaviour in the time of his service and make an order herein between them And if the Master will not obey it bind him to appear at the Sessions and if the Servant or Apprentice refuse to obey it bind him to the good behaviour and to appear there also