Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	king_n	law_n	3,507	5	4.7950	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09900	The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell.	Powell, Thomas, 1572?-1635?	1623 (1623)	STC 20163.5; ESTC S124370	102,508	306

shall bee presented euery Michaelmas Terme to the Lord Keeper or Lord Chancellour being In case of Suites vpon the Commission for Charitable vses to auoyd charge there shall neede no Bill but onely Exceptions vnto the Decree and Answere is to bee made forthwith thereunto and thereupon And then vppon sight and perusall of the Inquisition and the Decree brought vnto the Lord Keeper or Lord Chancelor by the Clerke of the Petty-Bagge His Lordship will giue order vnder his hand for an absolute Decree to be drawn vp Vpon suite for a Commission of Sewers the names of those that are desired to be Commissioners are to bee presented to the Lord Keeper or Lord Chancellour in writing And then his Lordshippe will send their names to some Priuie Counsellour or the Lieutenant of the Countie or some Iustice of Assize residing in those partes for which the Commission is prayed To consider of them That they be not put in for priuate ends And vppon the Returne of such opinion his Lordship will giue farther order for the commission to passe No new Commission for Sewers shal be granted while the first is in force except it bee vppon discouery of abuse or fault in the first Commissioners or otherwise vppon some great and weighty ground No Commission of Banquerupts shal be granted but vppon Petition made to the Lord Keeper or Lord Chancellour and the names of those that are desired for Commissioners shall bee presented therewithall Of which his Lordship will take consideration and alwayes ioyne some persons learned in the Law with the rest that shall be allowed yet so as care bee taken that the same persons allowed bee not too often vsed in such Commissions And likewise that Bond bee giuen with good Sureties of the penalty of two hundred pounds at least to prooue the partie against whom the Commission is sued foorth to bee a Banquerupt No Commission of Delegates in any case of weight shall be awarded but vppon Petition preferred to the Lord Keeper or Lord Chancellor who will name the Commissioners himselfe to the end that they may bee persons of fitting quality hauing regard to the weight of the Cause and the dignity of the Court from whence the Appeale is Any man shall be admitted to defend in forma pauperis vpon Oath But the Complaynants are ordinarily to be referred to the Court of Requests Or to the Prouinciall Counsailes if the case arise in their Iurisdictions Or to some Gentlemen in the Country except it be in some speciall cases of commiseration Or potency of the aduerse party Suites after iudgement must be brought according to his Maiesties Order beeing vppon Record Licences to collect for losses by Fire or by Water are not to be granted but vppon good Certificate And they are rarely to bee renued And they are euer to bee directed vnto the County where the losse did arise if it were by Fire and the Counties adjoyning vnto it as the case shall require And if it were by Sea Then vnto the County where the Port is from whence the Ship went and to some Counties adjoyning No Exemplification shall bee made of any Letters Patents inter alia with omission of the generall words Nor of Records made voyde or Cancelled Nor of the Decrees of this Court not Inrolled Nor of Depositions by parcells or fractions omitting the residue of the sayd Depositions Nor of Depositions in Court to which the hand of the Examiner is not subscribed Nor of Records of the Court not Inrolled nor fyled Nor of Records of any other Court before the same bee duely certified to this Court and orderly fyled heere Nor of any Record vppon sight and examination of any Coppy in Paper But vpon sight or examination of the Originall I will withall set downe the very words with which the Author concludes these last recited Orders because you may accordingly giue them extent dimension and valuation The Words are these viz. BEcause Time and Experience may discouer some of these Rules to be inconuenient And some other fit to be added hereunto Therefore his Lordship intendeth in euery such case from time to time to publish such Reuocations or Additions as they shall offer themselues Howsoeuer I take it there is not much alteration had in them it may bee there is some Addition But for the Roller side as vnto the making of Decrees and granting of Iniunctions which was heretofore exercised alike there as in Court or on the Lord Keepers side which I conceiue grew by the connexing of the Lord Keepers Office and Master of the Roles in the same person I cannot say how the case stands at this present hauing withdrawne my selfe now these seauen yeares past from any practice in the Lawes in any kind And because the Confirmation of Ordinances and by-Lawes made for the better gouernment of Societies Incorporate do for the most part passe through the hands of the Lord Keeper or Lord Chancellor for the time being according to the Statute of the nineteenth of K. Henry 7. Therefore and for that it is onely the path of a very few trauelliug in the Lawes I thinke good to write according to mine owne Practice therein as followeth IF a Corporation bee newly erected and is to haue also Ordinances de nouo made for the better gouernment of their Company or Body They must first make a perfect draught of them by aduice of Counsaile in a Paper-booke Your Counsaile would be both learned in the Lawes of the Land the Prerogatiue of the King the Subiects right and the Priuiledges Powers and Customes of the great body of the City or Towne corporate wherein you are sub incorporated as Brethren of a Trade Mystery or Occupation For any Ordinances made eyther against the Lawes of the Land or the Prerogatiue are not onely voyd in themselues but farther punishable in those who execute them notwithstanding any confirmation whatsoeuer And therefore commonly in all Patents and Charters of Incorporation there is a speciall clause of prouiso in this point and to this purpose And I doe heerein indigite at two manner of Ordinances vnder which the Commonalties of corporation do much grone and complaine their pressures The one is a presumption and intrusion vppon the Birth-right of a Free-borne Subiect viz the Imprisonment of their bodies for breach of an Ordinance of their company a thing most vnlawfull and vnreasonable and yet too frequently practized by too many of them For colour whereof I haue seene a Warrant Dormant lying in the Halls of some companies vnder which they subscribe the names of whom they list to commit and then deliuer him to an Officer who attends them at their Court for the purpose and so it is not pretended to bee their owne act but the will and commandement of a greater Magistrate Or an Intrusion vpon the Subiects Birth-right by denying him to seeke Law and Iustice before the King the Fountaine of Iustice in his Court at Westminster Or to set vp and

doe not answere in time Then the Plaintiffe may make out an Attachment vt supra   l. s. d. For the Warrant inde 0 3 4 For the Writ 0 2 6 And vpon the Attachment in this case the Plaintiffe may proceed to a Commission of Rebellion vt supra And if a Dedimus Potestatem bee granted to the Defendant to make answere in the Countrey The Plaintiffe may if he please ioyne with him therein and minister Interrogatories for the Defendant to answere vnto likewise If the Plaintiffe do ioyne with the Defendant in the Dedimus potestatem And the Dedimus potestatem is obtained by Affedauit made vt supra The Plaintiffe must then and in such case pay to the Defendant the one halfe of the charge of the Writ and Seale c.   l. s. d. Fee for the Warrant for the Writ 0 3 0 The Writ 0 7 2 The Plaintiffe hath foure dayes after the Defendant hath deliuered in his Answere to put in his Interrogatories wherevpon the Defendant is to be examined   l. s. d. Fee for the Copy of the Answere for euery sheete inde 0 1 0 And if the Defendant so please he may omit the benefit of putting in of any such Interrogatories at all For he is not bounden therevnto And if the Defendant doe depart out of Towne before he be examined vpon Interrogatories as aforesaid Then the Plaintiffe may haue an Attachment against the Defendant for such departure   l. s. d. Fee for the Warrant inde 0 3 4 For the Certificate of the Examiners to testifie that hee the Defendant is not examined 0 1 0 For the Writ 0 2 6 And vpon the said Attachment the Plaintiffe may proceed to the Commission of Rebellion against the Defendant if hee will in manner as aforesaid If the Interrogatories bee put in by the Plaintife The Defendant may bee examined thereupon   l. s. d. Fee for the Examination 0 2 4 For admittance to Attourney 0 2 4 But if no Interrogatories bee put in by the Plaintiffe within the time limited as aforesaid Then after the time which is foure dayes expired the Defendant may safely depart out of Towne Prouided that hee the Defendant doe first obtaine from the Examiners a Certificate to testifie that the plaintiffe hath not yet put in any Interrogatories against him Fee for the Certificate vt supra For his admittance to Attourney vt supra And if the Defendant doe Demurre to the Bill of the Plaintiffe Then the Defendant shall not need to put in Sureties therevpon but only to moue the Court that his said Demurrer may be referred to the Examination and Consideration of some of his Maiesties Iustices of either Bench or to some of his Maiesties Counsaile learned in the Law and that they may certifie backe to the Court whether the said Demurrer be sufficient or no.   l. s. d. For the entry of the Order here vpon 0 3 0 And if the Iustices or his Maiesties Counsell in the Law to whom the said Demurrer is so referred and committed doe vpon Examination and Consideration therof certifie to the Court that they finde the said Demurrer to be insufficient Then therevpon the Defendant is to pay to the Plaintiffe for his extraordinarie costs in this behalfe forty shillings And the Plaintiffe in this case may likewise haue a Sub poena against the Defendant to make a better Answere   l. s. d. Fee for the Euery and Copy of the said Certific●… 0 2 0 The Warrant for the Writ to cal the Defendant to make a better answere 0 2 0 The Writ and Seale 0 2 6 And if the Defendant doe not pay to the Plaintiffe the said summe of forty shillings so awarded for the Insufficiencie of the Demurrer and that vpon the returne of the Sub poena to make a better Answere Then the Plaintiffe may haue a Sub poena ad soluendum in that behalfe against him   l. s. d. Fee for the Warrant inde 0 2 0 For the Writ and Seale 0 2 6 And if the Defendant doe not pay the Plaintiffe vpon that Sub poena being serued vpon him And Oath thereof be made Then the Plaintiffe may haue an Attachment against the Defendant for his said Costs so awarded and proceed therevpon vt supra The Fees inde vt supra If Affedauit be made that the Defendant is so aged or impotent that hee cannot come to answere or Demurre heere in person His Demurrer will be accepted as though hee were personally present heere at the doing thereof And then if the Defendant doe Demurre to one part of the Bill and Answere to another part of it The Defendant is to answere to Interrogatories touching that part of the Bill vnto which he so answered And if vpon examination had of the Defendants Demurrer The Iustices or such of his Maiesties Counsaile learned in the Law vnto whom the same was referred doe certifie to the Court that they finde the Demurrer to bee sufficient Then and thereupon the Plaintiffes Bill is to be ouerthrowne And the Defendant shall be dismissed out of the Court with his Costs in this behalfe sustained to hee allowed vnto him   l. s. d. Fee for the entry and Copie of the said Certificate 0 1 0 For the dismission 0 2 0 To his Attourney for his Bill of Costs 0 6 8 To the Clerkes for entry 0 2 6 For the Warrant to lead his Writ ad soluendum 0 2 0 For the Writ and Seale 0 2 6 Where note that if neither the Plaintiffe nor the Defendant doth moue the Court to haue the Demurrer to bee referred in manner as aforesaid there the cause proceedeth no farther but dyeth And note that oftentimes the sufficiencie of answere made to Interrogatories is referred by the Court to Committees But howsoeuer the Certificate is made therevpon for or against either party no dismission doth follow therevpon Onely some small costs is awarded to the party on whose side the Certificate is made for the Recouerie of which costs they may take such course and order as is to be taken in case of a Demurrer Fees vnde vt supra When the Defendant hath put in a sufficient Answere to the Plaintiffes Bill and the Defendant is likewise examined vpon Interrogatories as aforesaid Then the Plantiffe may Reply and take forth a Writ ad reiungendum against the Defendant which must be serued vpon him for that purpose Fee for the Copy of the Answer and Examination super interr 0 vt supra   l. s. d. The Warrant to lead the Writ 0 2 0 The Writ and Seale 0 2 6 Where note that the Plaintiffe is not compellable to Reply before such time as all the Defendants haue made answere And if the Defendant answereth generally Not guilty Then there shall need no Replication to be made at all because they be at issue vpon the same Plea And then the Plantiffe may take out his Writ ad iungendum in Commissione to make the

is a generall Rule that hee should be allowed according to the rate thereof in poundage See the Statute of Eliz.   l. s. d. For the Returning of a Mandaui balli●…o 0 0 4 But vnlesse I had beene thrice an Vnder-Sheriffe it were impossible for me to set downe all his Fees plainely and honestly Therefore I leaue the rest to offer themselues vnto you wishing it to be euer in meliorem partem and for your benefit and credit FEES BELONGING TO THE CLERKE of the PEACE and his Office now follow FIrst it is to be vnderstood that heretofore the Clerke of the Peace being onely Clerke vnder and vnto the Custos Rotulorum of the County was wont to haue wages yeerely of the said Custos for his seruice The Clerke of the Peace is to make out all the Writs of warning of all such persons as are to giue attendance at the Sessions of the Peace to be kept at such place as the Iustices doe appoint and agree vpon And at the place and time appointed for the Sessions The Clerke doth first reade the Commission of the Iustices And then the Sheriffe of the Shire doth returne foure and twenty of euery hundred in the County of which there is one Grand Iury for the body of the Shire drawne forth and this is called the great Enquest And when the great Enquest is sworne One of the Iustices giueth the charge vnto them wherevpon they shall enquire After the charge giuen and ended They doe depart from the Barre to some roome in some house neere thereabouts where they may bee conueniently together And to them then and there are brought all Bills of Felony Trepasse Ryots or other misdemeanours offences giuen them in charge to enquire of And if the great Enquest finde any of the said Bils or presentments to bee true And the parties themselues who are therein found faulty or guilty be absent so that they cannot be quitted or punished for the present Then in such case The Clerke of the Peace is to make forth against them three Capias's●… and an Exigent to come in to trauerse the presentment or to subiect themselues to the Censure and Doome of the Court c. When the great Enquest finde the Bill true they write on the Back-side thereof Billa vera But in case they can not finde it true for want of sufficient Euidence Then they write on the back-side thereof Ignoramus If it bee found then the Clerke is to make forth Processe as aforesaid but if the Iury finde it not then farther proceeding is not to be had therevpon If the partie so indicted be present if it bee in case of Felony c. hee may bee forthwith arraigned before the said Iustices who are to proceed vpon him farther as the Law in such case prouideth If he be not present nor Attached but at libertie till hee be vtlawed Then after such Vtlary euery Accessarie to the fellony may bee arraigned and tryed but not before For other offences of inferiour nature the partie indicted is to come in to make his Fine at the discretion of the Iustices or two of them at the least whereof one must bee of the Quorum vnlesse that before that time the partie can get the Indictment to be remooued by Certiorare into the Kings Bench. And if it bee so Remoued thither Then the party must either there trauerse it c●…m effectu or else compound with the Iustices of the said Court for the same   l. s. d. The Fees which euery person so indicted is to pay at the Sessions 0 2 6 Whereof to the Cryer and Marshall 0 0 6 And to the Clerke of the Peace 0 2 0 l. s. d. And in case where a forcibly Entry or forcible holding is found before the Iustices or some of them The Clerke of the Peace is to make a Writ of Restitution directed to the Sheriffe to put the partie amoued into the possession For which his Fee is 0 6 8   l. s. d. Item for euery Warrant of the Peace 0 2 0 Item for euery Superfedeas 0 2 0 Item for euery Warrant of good Abearing 0 2 0 Item of euery person indicted of Felony and thereof acquitted 0 2 0 Item for euery person acquitted vpon other Bils 0 2 0 Item vpon Remouing of euery Indictment by Certiorare into the Kings Bench For the allowance of the said Writ 0 6 8 Item for euery Writ at the suite of the partie vpon a Trauerse tendered 0 2 0 Some other few Fees there bee vpon matter within the compasse of the Commission of the Peace which time may enable me to adde But for the other Fees which the Clerke of the Peace doth take in ciuill matters as for Licences of Malstors Hyglers c. because hee is onely Clericus Clerici Rotulorum pacis I vnderst and not how he claimes those Fees in ciuill causes And for the Licence and Bond of Victualers giuen vpon Licence The Fees are vncertaine For in some Counties the whole charges stands the Victualler in 6. s. in some 7. s. and in some 8. s. Vijs modis per annum yeerely And the Victualler Licensed de nouo in some places payes more then the older Victualler Fee vncertaine Note withall neuerthelesse that the Victualler is the best Candle-rent Tenant that the Clerke of the Peace hath And therefore I dare trust them together for I know not where I can better leaue him The Clerke of the Assize holds the next place for taking of Fees viz. CLERKE OF THE ASSISES FEES viz.   l. s. d. INprimis pro Quaerela 0 2 0 Item pro pl●…in Barr. seu in Assiss 0 2 0 Item pro capiend Assiss super exit ex vtraque parte 0 2 0 Item pro intratione inde in Assiss 0 2 0 Item pro intratione Non pros pro Querente 0 2 0 Item pro quolibet bre secundum longitudinem eiusdem secundum longitud Item pro quolibet Adior in com Barre prout concordare potestis As ye can agree Item pro quolibet Adior ex vtraque parte si dies dat sit vtrique parti 0 2 0 Item pro quolibat Warrant Attornat 0 0 8 Item Quer. in qualibet Assiss de Seisin capt tertia pars ex tertia parte damnorum Ratabiliter       Feod de Record de Nisi prius 0 0 6 Item pro deliberatione eiusdem in Curia 0 5 0 Item de Quer. si Def. cognouerit actionem 0 2 0 Item de Def. si Quer. non vult prosequi 0 2 0 Item pro qualibet priuat Verdict 0 8 8 Vnde Iustic 0 6 8 Item de Def. pro indorss cuiuslibet Record Informac vbi plit 0 4 4 Item pro quolibet Warrant Attor 0 0 8 And thus farre my present Collations extend for the present touching our Clerks of the Assizes their Fees The Charge of prouing a Will followeth THE CHARGE OF PROOVING OF A WILL in the Arches the Inuentorie being forty pounds and

vse his Trade after hee hath arriued at his Freedome by honest seruice according to the Lawes of the Land and the ancient custome of the place Or to take a House for his best convenience aduantage and accommodation of his Trade Or the like The other Agreeuance which I poynt at is a Consumption and effusion of the purse and estate of the Subiect by grieuous Fines Amercyaments and Impositions and by laying of Offices vpon them which draw great expence in Feasting and profusenesse of which I shall take occasion in a more fitting place to speake and write at more liberty I proceed with my Direction in the passing of any such Ordinances The Paper booke beeing perfected by such able Counsaile you are to draw your Petition in the names of the Maister and Wardens in name and in the behalfe of the whole Company to bee directed and deliuered with the sayd Booke to the Lord Keeper or Lord Chancellour desiring Where as ith ath pleased his Maiesty so to Incorporate you and to giue you power to make Orders and Constitutions for your better gouernment which Orders are by the Statue of the nineteenth of King Henry 7. to bee perused examined and allowed by the Lord Keeper Lord Treasurer and the two Lord Chiefe Iustices of either Benche or three of them at least which prouision you are ready to obserue and performe on your parts It may therefore please his Lordship to giue order to the two Lords chiefe Iustices to peruse examine and make the same fit and worthy the confirmation and allowance of his Lordship and themselues c. Heerevppon his Lordship giue order vnder your Petition That the two Lords chiefe Iustices do accordingly peruse examine and make them fit as is desired They the sayd Lord cheife Iustices doe by vertue of that Order and Warrant peruse the same and after they haue so altered added or sustracted as they shall thinke fit Then their Lordships giue order to one of their owne Clerks to write them ouer fayre againe into a Paper booke coppy-wise VVhich when they haue exactly examined with the former so by them reformed They subscribe the same and send them seal ed vp backe againe to the Lord Keeper who vpon the opening thereof and sight of the approbation of the Lords chiefe Iustices doth likewise giue order in writing at the Foote of the sayd Booke subscribed with his hand That the same be forthwith faithfully ingrossed in Parchment and in the Chancery hand by such an one as it shall please the two Lords chiefe Iustices to appoynt therevnto And that they giue him testimony of the due performance thereof by the confirmation of the same vnder their seuerall hands and Seales and soe the Lord Keeper seales the Booke vp againe and returnes it to the Lords chiefe Iustices who giue direction for the engrossement according to the order aforesayd And when the same is so engrossed and examined with the Paper booke they set their seuerall hands and Seales thereunto and deliuer it to your selues to carry to my Lord Keeper Vppon sight whereof he vseth also to Seale and subscribe the same But I pitty the case very much that there is no Inrolement Record or Register of any such Ordinances kept in any place the rather for soe many thousands of people are gouerned by them beeing Law to which they can haue noe recourse nor can consquenyly take the true measure by which they should fashion their manners to sit smoothly to the body of their Ordinance It is not the reading of them once in a yeare in parcels and cursorily can take impression in the most learned of them if there be any such much lesse in the generall sort I hope that succeeding times will looke into this euill euen in the greatest bodies incorporate and giue it a fitting redresse And so much shall suffice for such Ordinances I now returne to my other scattered pieces which I haue gathered together and fasciculated into the little bundle Following Instruction how to sue a Recognizance taken in Chancery IF you would sue a Renognizance that is taken heere When it is Forfeited you are to bring a Coppy of the same to one of the Clerkes of the Pettie-Bagge And hee will therevpon make you two VVrits of Scire facias The one of a Returne past if you will and the other of a Returne to come These you must deliuer to the Sheriffe of Middlesex who will returne them as the Law requireth him to do in this case And when they are returned you are to carry them againe to the Petty-Bagge And to reteine one of the Clerkes there to be your Attourney herein And then giue the Defendant a day to appeare which if hee doe not accordingly a Iudgment is to bee awarded against him for his said default And if he do appeare by the day to him so giuen Then are you the Plaintiffe to Declare against him the Defendant and hee is to answere and plead to you here as is vsed in other Courts of common Law And when you are at full issue vpon the Venire facias you are to haue your Witnesses and this is the vtmost extent of the proceeding here in Chancery For then if you will goe to Tryall you must haue the whole proceeding heere written into Parchment and it must either bee sent by the Officer of the Petty-bagge sealed vp to bee tryed in the Kings Bench or Common pleas at your election or else it may bee deliuered ouer vn-sealed by the Lord Keeper or Lord Chancellour which is agreeable with the words se propria manu c. Where note that there can bee no Tryall by Iury here in Chancery Instruction how to sue a Statue Staple forfeited here IF you will sue a Statue Staple here You must first goe to the Clerke of the Staple and shew him the date of your Statute when it was acknowledged which may also appeare by the Statute it selfe And then he must make your Certificate therevppon and seale it vp Then are you to goe with it to the Clerke of the Crowne and to get him to make the Exigent therein You must deliuer to the Clerke of the Crown your Certificate You must then haue your Obligation made and your Extent to bee made and endorsed on the backside as is vsed in such cases This endorsement of the Extent is called the Fine of the Extent which must be deliuered vnto the Sheriffe who by vertue thereof is to impannell a Iury to enquire extend and apprehend as well the Body as the Lands Goods and Chattels of the party so bounden And when they be so extended into the Kings hands the Sheriffe may keepe them vntill you bring him a Deliberate which you are to haue from one of the Clerkes of the Petty-Bagge Note also that it concernes you to take good heed how you sue out this Deliberate For if there be not sufficient estate or goods extended wherewith to satisfie your Statute and you sue your