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	parliament_n	peace_n	2,561	5	6.0915	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49392	Reports in the Court of Exchequer, beginning in the third, and ending in the ninth year of the raign of the late King James by the Honourable Richard Lane ... ; being the first collections in that court hitherto extant ; containing severall cases of informations upon intrusion, touching the King's prerogative, revenue and government, with divers incident resolutions of publique concernment in points of law ; with two exact alphabeticall tables, the one of the names of the cases, the other of the principall matters contained in this book.	Lane, Richard, Sir, 1584-1650.; England and Wales. Court of Exchequer.	1657 (1657)	Wing L340; ESTC R6274	190,222	134

and Benlowes Reports with Ash EDward the 3d. in 2. parts Quadragessimus Assises of Edward 3d. Abridged Edward the 4th Elmesmores Post Nati of the Chancery Edgars Charges Executors Office FItzherberts Abridgement Table to the same Fitzherberts Natura brevium in French idem English Justice English Finches Law French English Fidels Presidents Fletacum Seldeni notis Fulbecks Parallels Preparative to the study of the Law Fruits of Pleadings Fortescu de Laudibus legum Angliae Fillacers Office Fees of Courts GOdbolts Reports Gouldsboroughs Reports Gregories Moot Book Grounds of the Law Greenwoods Curia Comitatum Redivina Glanvill of the Law Grotius of the Law of War and peace HEnry the 4th and 5th Henry the 6th 2. parts the 7th abridged Hobarts Reports Huttons Reports Hackwells Liberty of the Subject Passing of Bills Hughs Commentaries on Originall Writs Parsons Law Reports Abridgement Hearns Law of Conveyances Hornes Mirror of Justices in French idem in English Iudge Ienkins Tracts of the Law Irelands abridgment of Cooks Reports Judgements of the Upper Bench. Instructions for the Court of Wards KEylweyes Reports with Dallison and Benlows Kitchin Court Leet in French idem in English LAmbarts Saxon Laws Justice Perambulation of Kent with Cinque-ports Archeion Duties of Constables Long Quinto Liber Intrationum Linwoods Constitutions Lanes Reports in the Court of Exchequer Lawyers Logick Littletons Tenures French in English Laymans Lawyer Leigh Law Terms Lees Wards and Liveries Layers duty of Constables MAnwoods Forrest Laws Marches Reports Actions of slaunders 2. parts Amicus Reipublicae Magna Charta NOyes Reports Maximes of the Law Cmpleat Lawyer Nusances Novae Narrationes ORdinances of the Lord Protector Ordinances in Parliament Owens Reports Orders for the Poore Orders in Chancery PVltons Statutes Abridgement De pace Regis Plowdens Reports Abridgement Quaeres Pophams Reports Powels Atturuyes Accademy Court Leet Repertory of Records Atturneys Almanack Search of Records Penall Statutes Perfect Conveyancer Perkins Law in French idem English Practice of the Chancery Presidents or Instruments RAstals Statutes at large 2. voll Abridgement Entries Register of Writs .. Rules of the Upper Bench. Commons Pleas. Chancery Ridlys view of the Civill Law Reformatio Legum Ecclesiast SCobels Collection of Acts and Ordinances Statutes of 16th and 17th Caroli Statutes of Ireland 2. Volumes Stathams Abridgement Scotch Laws 2. Volumes Sheppards Epitome of the Common and Statute Law Touchstone of Common assureances Marrow of the Law or the Faithfull Counsellor 2. parts Parsons Guid or the Law of Tythes Presidents of Presidents Justice of Peace Justices Clerks Cabinet Presidents Office of Constables Court Keepers Guide County Courts Proposals for regulating the Law Spelmans Glossarie Constitutions Smalls Declarations Swinburne of Wills Speciall Law Cases Selden of Tythes Arguments about Liberty of the Subject Priviledges of the Barons in Parliament Sea-Lawes in 8● Shearmans Estates Tayle Shipmoney Star-Chamber Case Stamfords Pleas of the Crown Skeine verborum significat Stones Readings on the Statute of Bankrupts Stiles Practicall Register TEnures of Ireland Table to Edward the 3d. second part Quadragesimus to Henry the 6th to Henry the 7th to Dyer THree Readings viz. of Sir James Dyer Serjeant Brograve and Sir Tho. Risden Judge Thorps Charge Tothils Transactions in Chancery Treatise of Barons Trotmans abridgement of Cooks Reports Theloalls Digest of Writs Terms of the Law VErnons Regulation of the Exchequer WInches Reports Wests Presidents 2. parts Womans Lawyer Wisemans Law of Laws Wingates abridgement of the Statutes Body of the Law Summary of the Common Law Statuta pacis Wilkinsons Office of Sheriffs White of the praise of the Law YOungs Vade Mecum ZOuch Elementa juris-prudentiae Iuris Fecialis Specimen Questionum Questions and Cases Resolved Books Printed for and sold by GABRIEL BEDEL THOMAS COLLINS 1656. Viz. Books in Folio THe Compleat Ambassador containing the Letters and Negotiations of Sir Francis VValsingham the L. Burleigh and other eminent persons being a perfect Series of the most remarkeable passages of State both at home and abroade in the Reign of Q. Elizabeth of blessed memory collected by Sir Dudly Diggs The History of the Civil Wars of France written in Italian by Henrico Catterino D' Avila the whole fifteen books Translated into English by Sir Charles Cotterel and VVilliam Aylesbury Idem the Continuation alone being ten books A compleat Chronicle of England begun by John Stowe and continued by Edmund Howes Gent with an appendix of the Universities of Eng. A French English Dictionary with another in English French compiled by Randal Cotgrave Gent. whereunto are added the Animadversions and Supplement of James Howel Esq The Life and Reign of King Henry the VIII written by the Right Honourable Edward Lord Herbert of Cherbury Annales Veteris Testamenti à prima Mundi Origine deducti una cum rerum Asiaticarum Aegyptiacarum chronico à Temporis Historici Principio usque ad Maccabaicorum initia producto Jacobo Usserio Armachano digestore Idem Secunda Pars usque ad Imperii Vespasiani Initia atque Extremum Templi Rei publicae Judaicae excidium deductum Authore Jacobo Vsserio Of Government and Obedience as they stand directed and determined by Scripture and Reason in four books by John Hall of Richmond Gent. Daultons Countrey Justice corrected and enlarged by the Authors own hand before his death unto which is Annexed and Appendix or Abridgment of all the late Acts and Ordinances that relate to the Office of a Justice of Peace to the year 1655 by a Barrester learned in the Laws I. Ragguagli Di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touch-stone written Originally in Italian by that famous Roman Traiano Bocalini and now put into English by the Right Honourable Henry Earle of Monmo●th The History of Philosophy in eight parts containing those on whom the Attribute of Wise was conferred with the pictures of several Philosophers by Thomas Stanley Esq Historical Relations of the United Provinces of Flanders containing the Natural conditions of the people with the Forms of Government With the Compleat History of the VVars of Flanders written in italian by the Learned and Famous Cardinal Bentivoglio Englished by the Right Honourable Henry Earle of Monmouth the whole work Illustrated with many figures of the chief Personages mentioned in this History Politick Discourses written in Italian by Paolo Paruta a Noble Venetian Cavalier and Procurator of S. Mark Whereunto is added a short Soliloquy in which the Author briefly examins the whole course of his Life Rendred into English by the right Honourable Henry Earle of Monmouth Eadmeri Monachi Cantuariensis Historiae Novorum Sive Sui seculi res Gestas sub Guilielm I II Henric. I. Emisit Joannes Seldenus Seldeni Mare clausum seu de dominio maris Notes and Illustrations on Palaealbion The History of the Reign of King Henry the VII written by the Right Honourable Francis Lord Verulam Viscount S. Alban unto which is annexed a very useful Table Orlando Furioso in English Heroical verse Illustrated with Figures with an Addition of Epigrams by Sir John Harrington The Marrow of the French Tongue by John Woodroeph Gent. Pyrotechnia or the Art of Fire works with an addition of Logarithmes by John Babington Student in the Mathematicks Devotions upon certain Festivals Piously and Learnedly exprest in Meditations by that Accomplisht Gent. William Austen of Lincolnes Inn. Esq Books in Copartnership with W.L. and D.P. A Collection of Acts in the year 1648 1649 1650 1651. very useful especially for Justices of the Peace and other officers with several other Ordinances of like concernment by Henry Scobel Esq Clark of the Parliament and Clark of his Highnesse Council A Collection of all those Ordinances Proclamations Declarations c. which have been printed and published since the Government was established in his Highness the Lord Protector viz from Decemb. 16. 1653. unto Septemb. 3. 1654. with their several dates and Dependencies comprized in a lesser volume then before for the better use and benefit of the Reader printed by his Highness Printer

but the great custom aforesaid which was after increased by Parliament which was called the petit custome it is a great grace in the King to the Merchants that he will command and permit this matter to be disputed between him and his subject and the most fit place is in this Court and the best rules herein are the presidents thereof and pollitick reasons which I shall give and apply them to the particulars before recited and first for the person of the King omnis potestas à deo et non est potestas nisi pro Bono to the King is committed the Government of the Realm and his people and Bracton saith that for his discharge of his office God had given to him power the Act of Government and the power to Govern the Kings power is double ordinary and absolute and they are several Lawes and ends that of the ordinary is for the profit of particular subjects for the Execution of Civil Iustice the determining of Meum and this exercised by equitie end Iustice in ordinary Courts and by the Civillians is nominated Jus privatum and with us Common Law and these Laws cannot be changed without Parliament and although that their form and course may be changed and interrupted yet they can never be changed in substance the absolute power of the King is not that which is converted or executed to private use to the benefit of any particular person but is only that which is applied to the general benefit of the people and is Salus populi as the people is the body and the King the head and this power is guided by the Rules which direct only at the Common Law and is most properly named pollicy and Government and as the constitution of this body varieth with the time so varieth this absolute Law according to the wisdome of the King for the Common good and these being general rules and true as they are all things done within these rules are Lawful the matter in question is material matter of state and ought to be ruled by the rules of pollicy and if it be so the King hath done well to execute his extraordinary power all customes be they old or new are no other but the effects and issues of Trades and commerce with forraign Nations but all commerce and affairs with forrainers all wars and peace all acceptance and admitting for Currant forrain Coyn all parties and Treaties whatsoever are made by the absolute power of the King and he who hath power of causes hath power also of effects no exportation or importation can be but at the Kings Ports they are the Gates of the King and he hath absolute power by them to include or exclude whom he shall please and Ports to Merchants are their Harvours and repose and for their better securitie he is compelled to provide Bulworks and Fortresses and to maintain for the collection of his customs and duties collectors and customers and for that charge it is reason that he should have this benefit he is also to defend the Merchants from Pirats at Sea in their passage also by the power of the King they are to be relieved if they are oppressed by forrain Princes and his Treaty and Embassage and he be not remedied thereby then lex Talionis shall be executed goods for goods and Tax for Tax and if this will not redress the matter then war is to be attempted for the cause of Merchants in all the Kings Courts and of other Princes the Iudges in them are paid by the King and maintained by him to do Iustice to the subjects and therefore he hath the profits of the said Courts it is reasonable that the King should have asmuch power over forrainers and their goods as upon his own subjects and if the King cannot impose upon forrain Commodities a custome aswel as forrainers may upon their own Commodities and upon the Commodities of this land when they come to them then forrain states shall be inriched and the King impoverished and he shall not have equal profit with them and yet it will not be denied but his power herein is equal with other states and so much for the person of Bates the subject it is said that an imposition may not be upon a subject without Parliament that the King may impose upon a subject I omit for it is not here the question if the King may impose upon the subject or his goods but the impost here is not upon a subject but here it is upon Bates as upon a Merchant who imports goods within this land charged before by the King and at the time when the impost was imposed upon them they were the goods of the Venetians and not the goods of a subject nor within the land but only upon those which shall be after imported and so all the arguments which were made for the subject fail and where it is said that he is a Merchant and that he ought to have the Sea open and free for him and that Trades of Merchants and Merchandise is necessary to export before the Surplus of our commodities and then to import other necessaries and so is favourably to be respected as to that it is well known that the end of every private Merchant is not the common good but his particular profit which is only the means which induceth him to Trade and Traffick and the impost to him is nothing for he rateth his Merchandise according to that the impost is imposed upon Currants and he who will buy them shall have them subject to that charge and it is a great contempt to denie the payment and so much for the person I will give a brief answer to all the Statutes alledged on the contrary part with this exposition that the subjects and Merchants are to be freed of Maletolt and this was Toll unjustly exacted by London Southampton and other Ports within this Realm but they are with this saving that they pay the duties and customes due or which hereafter shall be due to the King which is a full answer to all the Statutes the commoditie of Currants is no commoditie of this land but forrain and whereas it is said that it is Victual and necessary food it is no more necessary then Wine and impost for that hath been alwayes paid without contradiction and without doubt there are many drinkers of Wine who are also eaters of Currants that which should be said Victual for the common-wealth is that which ariseth from Agriculture and of the earth within this land and not nice and delicate things imported by Merchants such as these Currants are and are rather delicacy or Medicine then a Victual and it is no reason that so many of our good and staple Commodities should be exported to Venice for such a slight delicacy and that all the impost shall be paid to the Venetians for them and the King should have none for their Commoditie and although that the price be thereby raised this

of the wife of the devisor is not determined until the issue should have come to the age of 18. years and so none of the other points came now in question and judgement was given as above-said Nota that in Mich. 6. Jac. upon a motion made by Mr. Nicholas Row of the Inner Temple it appeared that an inquisition was returned in this Court by force of a commission whereby it was found that one A. was seised of the Mannor of D. and so being seised of the said A. was attainted of Treason in the Kings Bench and of this should be a double matter of Record to intitle the King so that the owner of the land shall be forced to his Petition it was the question and by the Court in regard that the record of the attainder is not in this Court here is not in judgement of Law a double matter of Record but if the attainder he removed into this Court then that and the inquisition would make a double matter of Record and the Attorney general moved that when an office findes the attainder that the party ought to plead no such record Worselin Mannings case AN Information of intrusion was brought against Worselin Manning and others and upon the opening of the evidence at the Bar it appeared that Worsely Manning was an alien born and that he was made a denizen by the King and the Charter of Denization had this Proviso usual in such Charters of Denization that the Denizen should do legal Homage and that he should be obedient and observe the Lawes of this Realm and after by vertue of a Commission under the great Seal an office found that the said Worselin after the Denization purchased the land in question and it was found also by the same office that the said Worselin never did legal Homage and that he was not obedient to all the Lawes of this Realm and there was an offer of demurrer upon the evidence if the Prviso makes the Patent of Denization conditional and so for the not performance thereof the Charter of Denization shall be void and Harris thought clearly that this proviso for the performance and observation of the Lawes doth not make the Patent conditional but the intent only was that if he do not observe them then he shall forfeit the penalties therein appointed to which the Court inclined and after resolved accordingly At another day it was moved in Mr. Rowes case that the possession shall be awarded to the King and in this case Tanfield gave a Rule that Mr. Row ought to plead to the inquisition but no possession should be taken from him for although that the attainder make a double Record yet if the indictment of Treason be taken before Iustices of the peace more then a year after the Treason committed as in this case it was and the partie is outlawed upon this indictment and the inquisition findes this outlawry generally yet this is no double matter of Record for the outlawry is meerly void upon the said indictment because the indictment it self is void and to prove that when an indictment is void that is void as to all purposes be vouched Vauxes case Cook lib. 4. fo 44. and 11. R. 2. and after in this case the Barons awarded proces to plead but not to dispossess the partie Vaux against Austin and others AN Information by Vaux against Austin and others that they did ingross a 1000. quarters of Corn upon not guiltie the Iury found one of the Defendants guiltie for 700. and not guiltie for the residue and found the others not guiltie for all Prideaux moved that judgement may be given to acquit the Defendants in this case and he vouched the 9th of E. 3. fo 1. and 14. E. 4. fo 2. where an Information was brought for forgery and proclaiming false deeds and he was found not guiltie of the proclaiming and 3. Eliz. Dyer 189. in the Lord Brayes case put by the way and therefore he said that if there be an information upon the Statute of Vsury against two and the Iury found the contract to be but with one of them both shall be acquitted and also he vouched Treports case in lib. 6. where a man declared of a lease made by two where in Law it was only the lease of one and the confirmation of the other and therefore evil 8. R. 2. tit brief and if judgement in this case should be given against one being in a joynt information he could not plead it in Bar of another information for the same thing and then he should be twice punished for one fault Hitchcock to the contrary the Defendants plead that they nor any of them are guiltie and issue was joyned thereupon and by him this case is not to be resembled to the cases which have been put of joynt contracts for here the parties commit several wrongs and he said if in a decies Tantum against divers if one be acquitted the other shall be condemned and so in an action of Trespas 37. H. 6. fo 37. touching maintenance and if in Trespas against two one is found guiltie for one part and the other found guilty for the other part and 40. E. 3. fo 35. and 7. H. 6 32. in trespas the Defendant pleads that John S. infeoffed him and R. S. and the Plantiff saith that he did not infeoffe them and the Iury found that be infeoffed the Defendant only in this case judgement ought to be given if either of them be guiltie and therefore there is a difference between that and Wain-wrights case for the information was for the joynt buying of butter and Cheese but here the information is for ingrossing by way of buying and so he prayed that judgement may be given for the King Tanfield chief Baron if upon the Statute of Champertie a man declares upon a joynt demise by two and it is found that one only made the demise it was adjudged good and by him this proves the case in question and the Barons agreed it to be clear that if a contract be alledged to be made with one of them no judgement for usury ought to be given but in the principal case all but Tanfield agreed that several judgements may be given for it is like unto a Trespass and accordingly judgement was given in the principal case against him who was found guiltie Nota by Tanfield chief Baron and all the Court that where the Statute of the 23. Eliz. appointeth that if any will inform against A. Recusant and the Recusant be thereupon convicted that the informer shall have one moitie and the King shall have another yet if a recusant be convicted according to the form of the Statute of 28. Eliz. by indictment an informer can never have any advantage upon an information exhibited after for the Statute of the 28. Eliz. altereth the course of Law which was upon 23. Eliz. and no informer can have any advantage upon a conviction of Recusancy by indictment after the Statute

by seisure of two parts of the land c. then when a Statute gives a new thing which was not at the Common Law and limits a course and means whereby it shall be levied that course ought to be pursued and it cannot be done in any other manner the Statute of 8. H. 6. cap. 12. makes the imbesting of a Record Felony and that this shall be inquired by Iury whereof one halfe shall be Clarks of some of the same Courts and that the Iudges of the one Bench or of the other shall hear and determine it and the case was that part of the offence was done in Middlesex and part in London so that the offence could not have such proceeding as the Statute appointed and therefore it was holden that it should not be punished at all Mich. 41. et 42. Eliz. Betwixt Aggard and Standish the Statute of 8. Ed. 4. cap. 2. inflicts a penaltie upon him that makes a retainer by parol and moreover it is thereby ordained that before the King in his Bench before the Iustices of the Common Pleas Iustices of the Peace Dyer and Terminer every man that will may complain against such person or persons doing against the form of this ordinance shall be admitted to give information for the King and it was holden that the informer could not sue for himself and the Queen upon this Statute for an offence done in any Court not mentioned in that Statute the Statute of 35 Eliz. cap. 1. appoints that for the better and spedier levying and Recovering for and by the Queens Majestie of all and singular the pains duties forfeitures and payments which at any time hereafter shall grow due or be payable by vertue of this Act and of the Act made in the 23 d. year of her Majesties Raign concerning Recusants that all and every the said pains duties c. may be recovered to her use by Action of debt Bill plaint or information or otherwise in any of her Courts of her Benth Common Pleas or Exchequer in such sort in all respects as by the ordinary course of the Common Lawes of this Realm any other debt due by any such person in any other case should or may be recovered wherein no essoin c. Note that this Statute extends not to any penaltie upon the Statute of 28. Eliz. cap. 6. also the Common Law doth not give any means to levie a debt upon a trust and as to the general point it seems that no land can be seised after the death of the Recusant 23. Eliz. cap. 1. enacteth that every person of the age of 16. years which shall not repaire to some Church c. but forbear the same contrary to the Tenor of the Statute made in the first year of her raign for uniformity of common prayer and being thereof lawfully convicted shall forfeit to the Queen for every moneth which he or she shall so forbear 20. l. And that statute doth give no forfeiture at all for Lands And also it giveth no penaltie without conviction so that the death of the party before conviction dischargeth all and so without question it was at that day This last Point seems to be remedied in part by the Statute of 28. Eliz. cap. 6. for thereby if the party be once convicted he shall alwaies pay after without other conviction and this Statute gives also a Seisure but before any seisure Three things ought to concur 1. Recusancy 2. Conviction 3. Default of payment And the last of these was the t●ue cause of the seisure viz. That is the contempt of not payment Therefore it was adjudged in Sir William Greenes case that this seisure shall not go in satisfaction of such debt but the King shall hold it as a penalty for the contempt untill the debt be paid so that when a Statute imposeth a penaltie for a contempt as the contempt is personall so is the penalty And therefore the death of the party before that it be excuted or turned in rem judicatam dischargeth all and I shall prove it by the different plea in an Action upon a penall Statute and other common Actions and therefore in debt not guilty is no plea but in debt upon a penall Law it is a good Plea for in truth untill it be adjudged it is no debt but a contempt Michaelmas 41 42. Eliz. betwixt Car and Jones and in debt upon the Statute of 2. Ed. 6. not guilty was adjudged a good plea Trin. 42. Eli between Morley Edwards 2. It may be proved by the different forms of judgment for in common actions the judgment is Quod quaerens recuperet c. But in informations the usuall form is Quod defendens foris faciet 41. Ass which implies that it is not perfect untill the Iudgement and before it is only a contempt and if so then by the death of the party it is discharged Thirdly I shall prove it by Authority that the death of the parties before Iudgement dischargeth aswell the contempt as the penaltie of a penall Law 40. Ed 3. Executor 74. debt lies not against the Executors of a Iaylor who suffers Prisoners to escape 15. Eliz. Dyer 322. in the like Case the opinion of the Court was that an Action did not lye against the Executors of the Warden of the Fleet. but there ought to have been a Iudgement against him in his life time for the Offence is but a Trespass by negligence which dies with the Person 18. Eliz. Dyer An Action brought against the Heire and ruled that it doth not lie for it is a Maxime that no Law or Statute chargeth the Heir for the wrong or trespasse of his Father Also it is to be observed in the Principall Case that the Statute limits the seisure to be by Proces out of the Exchequer so no seisure can be without Proces as it may be upon some other Statute But a judiciall course is hereby prescribed whereupon the Partie may plead with the King for his Land and therefore if that course be not pursued in the life of the party it is too late to pursue it after his death Also the words are that he shall seise all the goods and two parts of the Lands of such Offendors But after his death the goods are not his but his Executors and the Lands are not his but his Heirs and a seisure by way of penalty relateth no higher then to the time of the seisure also the words of the subsequent Proviso explame it further for it it be demanded when the King shall seise two parts it is answered at the same time when he leaveth the third part and when must be leave the third part it is auswered in the life of the Recusant That it may be for the maintenance of his Wife Children and Family and after his death he hath neither Wife Children nor Family for in a Writ of Dower the Demandant shall say that she was Wife and not that she is Wife As to the