Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	city_n	county_n	say_a	4,307	5	7.4484	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

forfeitures as before mentioned to be levied of the Goods and Chattels of every such Mayor Bayliff or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees making default of pavment of the said Fees and Wages to the Burgesses in manner and form as is aforesaid And the Burgesses of Cities Boroughs and Towns within the twelve Shires of Wales and the County of Monmouth which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bayliffs or other head Officers of the said Towns or by one of them to come and give their Elections for the electing of the said Burgesses at such time and place lawful and reasonable which shall for that intent be assigned in which Elections the Burgesses shall have like Voice and Authority to elect and name the Burgesses of every the said Shire-Towns as the Burgesses of the said Shire-Towns have or use Ibidem Two Justices of Peace in every of the said Shires in Wales and in the said County of Monmouth have Power and Authority indifferently to lot and tax every City Borough and Town within the Shires in Wales wherein they do inhabit and in the said County of Monmouth for the Portions and Rates that every the said Cities and Boroughs shall bear and pay towards the said Burgesses within the said Shire-Towns of every of the said Shires in Wales and the County of Monmouth which Rates so rated and taxed in gross by the said two Justices of Peace as is aforesaid shall be again rated and taxed on the Inhabitants of every the said Cities and Boroughs by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales thereunto named and assigned by the Mayor Bayliffs or other Head Officers of them for the time being and thereupon the Mayors Bayliffs and other Head Officers of every such City Borough or Town to collect the same and thereof to make payment in manner and form as aforesaid to the Burgesses of the Parliament within like time and upon the like pains and forfeitures as is above mentioned 35 H. 8 c. 11. The Kings Assent by his Letters Patents under the great Seal of England and signed with his Hand and notified in his absence to the Lords of Parliament and Commons assembled together in the higher House is and ever was of as good strength and force as if the King's Person had been there personally present and had assented openly and publickly to the same and such Royal Assent notified as aforesaid shall be taken good and so effectual to all Intents without ambiguity or doubt any Custom or Usage to the contrary notwithstanding 33 H. 8. cap. 21. Every Knight chosen for the Parliament and Sheriff that makes Election for them shall have their Traverse to such Inquests and Offices before any Justices of Assize hereafter to be taken and they shall not be endammaged unto the King for any such Inquest taken untill they be duly convicted according to the form of the Law 6 H. 6. cap. 4. All the Clergy hereafter to be called to the Convocation by the King 's Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such Liberty or Defence in coming tarrying and returning as the great Men and Commonalty of the Realm of England called or to be called to the King's Parliament do or were wont to enjoy 8 H. 6. cap. No Appeal shall be pursued in Parliament 1 H. 4. c. 14. The Burgesses of Parliament shall not be Collectors of a Fifteen except they can dispend in the County out of the City or Borough of which they are Burgesses in Lands or Tenements to the value of an hundred Shillings by the Year over the Charges and Reprises 18 H. 6. cap. 5. Knights Citizens Burgesses and Barons of Parliament must take the Oath of Supremacy before they enter into the Parliament House but Lords of Parliament shall not be compelled to take the said Oath 5 Eliz. c. 1. Vide How Lords of Parliament shall be placed in the Parliament and other Assemblies and Conferences of Council 31 H. 8. cap. 10. Lords of Parliament for matters of Religion shall be tried by their Peers 1 Eliz. c. 2. Persons attainted by Parliament and after become Lunatick shall be executed notwithstanding 33 H. 8. c. 20. Quere if this be not repeal'd by 1 2 Ph. Mary c. 10. Staunford 153. Women that have Joyntures assigned after marriage may wave them and take their Dowry at Common Law if the Joynture be not assigned by Parliament 27 H. 8. c. 10. The County Palatine of Chester shall have two Knights for the County Palatine and likewise two Citizens to be Burgesses for the City of Chester to be chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester or his Lieutenant for the time being And so like process to be made by the Chamberlain or his Lieutenant or Deputy to the Sheriff of the said County of Chester And the same Election to be made under like manner and formed to all intents constructions and purposes as is used within the County Palatine of Lancaster or any other County and City within England which Knights and Burgesses and every of them so elected shall be returned by the said Sheriff into the Chancery of England upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like Which said Knights and Burgesses and every of them so chosen and returned shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to all intents and purposes as any other the Knights and Burgesses of the said Court of Parliament have use and enjoy And also may have and take all and every such Liberties Advantages Dignities Privileges Wages and Commodities concerning the said Court of Parliament to all Intents Constructions and Purposes as any other the Knights and Burgesses of the said Court may or ought to take and enjoy 34 H. 8. c. 13. If any Assault or Affray be made to any Lord Spiritual or Temporal Knight of the Shire Citizen or Burgess coming to the Parliament or to other Council of the King by his Commandment and there being and attending at the Parliament or Council that then Proclamation shall be made in the most open Places in the Town by three several days where the Assault or Affray shall be made that the Party that made such Affray or Assault yield himself before the King in his Bench within a quarter of a year after the Proclamation made if it be in the time of the Term or otherwise at the next day in the time of the Term following the said quarter and if he do not that he be attainted of the same deed and pay to the Party grieved his double

were wont to be contributory to the Expences of Knights of Parliament shall be liable to those charges notwithstanding the purchase of them by any Lord or any other Person whatsoever 12 R. 2. c. 12. The Sheriff after the Receipt of the Writ for levying the Wages of the Knights of the Parliament at the next County Court shall make Proclamation that the Coroners and every chief Constable of the same County and the Bayliffs of every Hundred or Wapentake of the same County and every other which will be at the assessing of the Wages of the Knights of the Shires shall be at the next County to assess the said Wages and that the Sheriff under Sheriff Coroner or Bayliff for the time being be there in their proper Person upon pain of forfeiture to the King forty Shillings of every of them that maketh default 23 H. 6. c. 11. At which time the Sheriff or under-Sheriff in the presence of them that shall come to the same and of the Sutors of the same County then being there in full County well and duly shall assess every Hundred to that assessable by it self to pay a certain Sum for the Wages of the Knights of the Shire so that the whole Sum of all the Hundreds do not exceed the Sum which shall be due to the said Knights And after that in the same County they shall assess well and lawfully every Village within the same Hundreds which should be there assessable to a certain Sum for the payment of the said Wages so that the whole Sum of all the Towns within any of the said Hundreds do not exceed the Sum assessed upon the Hundred of which they be Ibidem And that the said Sheriff under-Sheriff Bayliffs nor any other Officer for the Cause aforesaid shall levy more Money of any Village than that whereunto they were assessed And if any do assess any Hundred or Village otherwise than is aforesaid he shall forfeit for every default to the King twenty pound and to any man which will sue in this case ten pound Ibidem And that the Sheriff well and duly shall levy the Money so assessed upon the aforesaid Villages as speedily as they well may after the said assessing and the same shall deliver to the said Knights according to the Writs thereof to be made upon the said Penalties Ibidem And he that will sue in this Case shall be thereunto admitted and shall have a Scire Facias against him that offendeth contrary to this Ordinance and shall recover ten pounds to their own use over the said twenty pound with their treble Damages for the Costs of their Suits Ibidem And that the Justices of the Kings Bench and of the Common Place Justices of Assizes and Gaol delivery and Justices of the Peace shall have Power to enquire hear and determine of all the said Defaults as well by Inquiry at the Kings Suit as by Action at the Suit of the Parties 23 H. 6. c. 11. And that all such Expences of Knights shall not be levied of any other Villages Seigniories or Places but of such whereof it hath been before this Time And that in every such Writ to be made to levy the Wages of the Knights This Act shall be comprehended in the same 23 H. 6. c. 11. Vide Register 261. That Villains shall not be contributory to the Wages of Knights of the Shire for the Parliament Br. 96. And Free-holders and Tenants at Will in ancient Demesn and the Lords shall also be acquitted of such Expences for Knights of the Parliament Ancient Demesn Br. 431. F. Natura brevium 14. That to every Parliament two Knights shall be chosen for the County of Monmouth and one Burgess for the Borough of Monmouth in like manner form and order as Knights and Burgesses of the Parliament be elected in every County of England and that the same Knights and Burgesses shall have like Dignity Preheminence and Priviledge and shall be allowed such Fees as other Knights and Burgesses of Parliament have been allowed And such Fees to be levied received and paid in such manner form and order as such Fees be gathered received and paid in other Shires of the Realm of England 27 H. 8. c. 26. And the Burgesses Fees to be levied as well within the Borough of Monmouth as within all other ancient Boroughs within the said Shire of Monmouth And that a Knight shall be chosen to the same Parliament for every of the Shires of Brecnock Radnor Montgomery and Denbigh and for every other Shire within the Dominion of Wales and for every Borough being a Shire Town within the Country and Dominion of Wales except the Shire-Town of the County of Mereoneth one Burgess And the Election to be in manner form and order as Knights and Burgesses of the Parliament be elected in other Shires of this Realm Ibid. And that the Knight and Burgess and every of them shall have like Dignity Preheminence and Priviledge and shall be allowed such Fees as other Knights of the Parliament are allowed And the Knights Fees to be levied and gathered of the Commons of the Shire that they be elected in and the Fees of Burgesses to be levied and gathered as well of the Boroughs and Shire-Towns as they be Burgesses of as of all other ancient Boroughs within the same Shires 27 H. 8. c. 26. The Sheriffs of every of the 12 Shires in Wales and in the County of Monmouth shall have power to levy gather or to be levied and gathered the said Knights Fees and Wages of the Inhabitants of the 12 Shires and of the said County of Monmouth which ought to pay the same and the same so gathered shall pay to the Knights within two Months after the delivery of the Kings Writ for payment of the said Wages or Fees otherwise the Sheriff shall lose and forfeit twenty pounds one Moiety to the King and the other Moiety to him that will sue for the same in any Court of Record by Information Bill or Plaint or otherwise before any of the Kings Officers wherein no Essoign Protection or Wager of Law shall be admitted 35 H. 8. c. 11. And if it shall happen any Sheriff in any of the twelve Shires and County of Monmouth to make default of payment of the said Wages or Fees by a longer term than two Months then every such Sheriff shall forfeit for every Month that he shall make default twenty pounds to be forfeited and levied in manner and form as is aforesaid Ibidem And that every Mayor and Bayliff and other chief Officers of Cities Boroughs and Towns in every of the said twelve Shires and in the County of Monmouth within like term and space of two Months after the receipt of the Kings Writ De solutione faedi burgent Parliament as is before mentioned for gathering of the Knights Fees shall levy gather and pay the Wages and Fees to their Burgesses in like manner and form as is aforesaid and in and under like pain and

E. 4.6 Stam. 152. Otherwise it is in an Indictment of Treason or Felony for that it is at the suit of the King 10 E 4.6 The Duke of Somerset in the time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment for it is the Suit of the King Coron Br. 153.10 Ed. 4.6 accords And there it is said by Littleton that the Lord Gray of Codnor in an Appeal was tried as a Common Person is and not by his Peers although he was a Lord of Parliament Treason Br. 2. A man may be attainted by Parliament of Treason as well as by the Common Law by Verdict Outlawry or Confession because the Parliament is the highest Court of Record in England and shall not be restored in his Blood without Parliament but the King may give to him that is attainted his Life by his Charter of Pardon and that by apt Words Stanford 53. The King cannot alter the Common Law nor a general custom of the Country as the descent of Land in Gavil-kind Borough-English and such like withoutParliament Prerogative Brooke 15. 11 H. 4. 74. and see the Statute of 33 H. 8. c. 3. of the alteration of descents of Gavil-kind and that the descent shall be as to Heirs at Common Law When a Lord of Parliament is tried by his Peers they shall not be sworn to say their Verdict but they shall give their Verdict upon their Honour and are not otherwise charged but upon their Honours 1 H. 4. 1. and Stamford 152. From this note what accompt the Law makes of a Peers Word when he speaks upon his Honour and this in case of a mans Life A multo fortiori they ought to observe in lesser Cases when they speak and make promise upon their Honour upon good Considerations When a Statute may be taken to a double intent the better shall be taken for the King as the Statute of 14 E. 3. c. ultimo in Stat. 1. it is ordained that for every Sack of Wool carried out of the Realm the Merchant shall find Surety to bring into England Plate of Silver of two Marks and to take two marks of Coyn again for Bullion and after were two Statutes one made 36 E. 3. c. 11. whereby it is ordained for that the Commons have granted to the King of every Sack of Wool for three years one grand Subsidy he grants by the same Statute that after the three years nothing shall be taken or demanded of the Commons but the ancient Custom of one Mark of every Sack of Wool and the other Statute made 45 E. 3. c. 4. which ordains that no Imposition or Charge shall be put upon Wools c. other than the Custom and Subsidy granted to the King in no sort without the assent of the Parliament and upon an Information in the Exchequer against one that had carried Wools and had not found Surety according to the said Statute of 14 E. 3. which two Statutes aforesaid were pleaded and adjudged that the finding of Surety for bringing in the two Marks of Bullion is not taken way for every Statute shall be taken most beneficial for the King where it may be taken to a double intent and it shall be taken that it was the intent of the Makers of those said Statutes to discharge the Commons of the grand Charges upon Wools after the three years 4 E. 3. fol. 3. fol. 12. Barre Fitzh 309. Vide Com. 10. 11. The Duke of Buckingham brought an Action de Scandalis Magnatum against one Lucas for that he had said the Duke had no more Conscience than a Dog and so that he may have Goods he cared not how he came by them and recovered forty pound as appears Mich. 4 H. 8. Rot. 659. And the Duke may have a Suit in the Star-Chamber for such words and I have viewed a Copy of the Record The Lord Abergaveny brought an Action upon the said Statute against Cartwright for that the Defendant had told and counterfeited false news of the Plaintiff to which the Defendant said that the Plaintiff will wind the Guts of the Defendant about his Neck the Defendant pleaded not Guilty and in Evidence the Plaintiff shewed a Letter written to one B. wherein the Defendant said that he understands by Report that the Lord had said ut supra and held good Evidence and it was found for the Plaintiff and had Judgment accordingly And so see that to write and to say are all one for it is publick Vide Book of Entries 13. that fixing a slanderous Bill in an open and and publick Place bears an Action c. In an Errour in Parliament the Record remains with the Justices and they are to shew it to the Parliament and it shall not be removed to Parliament 8 H. 5. Errour Fitzh 88. Dyer 375. In such Case the Roll was carried by Wray Chief Justice into Parliament for the Errour was assign'd in the King's Bench but after that the Court of Parliament had examined it he takes the Record with him and leaves a Transcript in the Court of Parliament A Petition in Parliament exhibited by A. T. for a Title he made to Land that the King enjoyed which was received and sent into Chancery to be tried Ass. Fitzh 287. Lib. Ass. and he surmised that there was a delay in the Tryal of his Right Those of London may bargain and sell their Land there as they might before the Statute of Inrolments and so it may be done in other Boroughs and Cities and it was the Opinion of the Justices of both Benches that the Lands in Cities c. are where the Common Law is exempted from the Act and so that Lands devisable before 32 H. 8. c. 1. are devisable at this day notwithstanding the Act aforesaid Dyer 155. And so a Statute in the Affirmative shall not change the Common Law nor common Custom of a Town as to Inheritances A Lord of Parliament shall have Knights upon his Tryal in every Action 27 H. 8 fol. 27. Challenge Fitzh 115. 13 E. 3. in a Quare Impedit against a Bishop it has been so adjudged Com. 117. Dyer 208. according A Lord of Parliament may be Outlaw'd for Murder 27 H. 8. Fol. 17. and it was the Case of the Bishop of Winchester Ibidem Vide Proc ' F. 224. If a Lord of Parliament makes a Rescous a Capias shall be taken out against him if the Sheriff return the Rescous otherwise it is in Case of Debt 27 H. 8.27 An Exigent shall issue forth against a Lord of Parliament if it be not certified that he is a Lord of Parliament 27 H. 8.27 35 H. 6. A Lord of Parliament shall not be Sworn on an Inquest 27 H. 8.27 Day of Grace shall not be given against a Lord of Parliament 27 H. 8.27 27 E. 3. A Capias ad Satisfaciendum does not lye against a Lord of Parliament 27 H. 8.27 for the Law presumes that he has Assets c. 11 H. 4.15