Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	common_a	court_n	law_n	4,730	5	4.8738	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49814	A Discourse of fines shewing by what easie, althought corrupt and unlawful, method of practice it may happen, that any person or his heirs in England, at one time or other, to be legally defrauded and disinherited by abuses in fines ... / by T. L.	T. L., of Lincolns-Inn, Esq.	1670 (1670)	Wing L73; ESTC R5079	9,953	13

A DISCOURSE OF FINES SHEWING By what easie although corrupt and unlawful method of practice it may happen that any person or his Heirs in England at one time or other to be legally defrauded and disinherited by abuses in Fines Stabitur presumptioné donec probatur in contrarium Quod alias bonum justum si per vim vel fraudem petatur malum injustum est Lit. cap. Remitter By T. L. of Lincolns-Inn Esq Fines at the Common Law and confirmed by divers Statutes THey were anciently levyed before the Justices of the Court of Common-Pleas in Court to the intent the said Justices might be fully satisfied and judge the Conusors of such Fines to be the parties themselves of full age free from Dures Ideocy and Lunacy And if they doubted whether it was the party then proof was to be made to them of it And also if a Feme-covert be one that she be solely and secretly examined as to her age consent and consideration for her levying such Fine and be acquainted with the nature of it lest that her Husband should by any threats or fraud endeavour the obtaining her Estate by any undue and unlawful practice And if the Court were unsatisfied as to his or her age then they to put him or her to their Oath And if not satisfied therewith then such parties to make proof thereof by the Church-Book or otherwise The Common Law as to the manner of it is confirmed by the said Statute the words of which Statute be that such Fine to be acknowledged by the party himself who ought to be of full age Stat. de Finibus 18 E 3. of good memory out of Prison c. And if a Feme-covert be one she must be examined by four of the said Justices as to her consent c. The reason given by the said Statute and reason of the Common Law why there is used such solemnity in levying of Fines is a Fine being a Record of a high nature and will not be presumed to lye and will admit no Averment against it self It being taken for granted in every Case where a Fine is levyed that there hath been the aforementioned care and examination and that the Court hath been fully satisfied that such Conusor was the same party of full age free from Ideocy Lunacy and Dures The Statute 32 H. 8. maketh exception of Infants Ideots c. levying of Fines and divers other Statutes so as 't is evident that such persons neither by the Common or Statute-Laws of the Realm are intended to make any disposal of their Estates The said Statute reciting Whereas there were many aged and impotent persons that lived in remote places of this Kingdom Stat de Carlile 15 E. 2. who by no means could come before the Justices in Court to levy Fines so as to settle their Estates To prevent which inconvenience the said Statute doth provide two or one of the Justices by the assent of the residue of the Bench to visit the party so diseased And if one go he shall take with him an Abbot or Prior or Knight of good fame and credit And hereof the Writ of Dedimus Potestatem had its beginning and intended to be granted in such cases onely where the parties were not able to come to the Court and accordingly was framed Ae praefatus A adeo impotens existit quod absque maximo sui corporis periculo usque ad Westm ad diem in brevi praed content ad recognitionem quod in hac parte requiritur faciend c. Which form albeit continueth to this day yet sometimes the Conusans is taken of them which are in health and able to travel and sometimes when the Conusors are in health and in Town to the apparent abuses of the power given by the Dedimus and to the ruine of Families A Dedimus Potestatem is sometimes given to a Serjeant at Law or Knight with other persons joyned with them Any two of which may return the Caption All which persons are to inspect the persons and examine them and be satisfied that they be the same persons of full age not Ideots or Lunaticks and free from Dures But in case there be no Knight at the Caption then is one of the Justices of the Court to give an Allocatur or allowance for passing the same The Chief Justice can ex Officio take a Fine The common abuses used in levying of Fines are where one person doth represent another in Case of Infants in Case of Non compos mentis in Case of Dures or compulsion and in Case where a Feme-covert is cheated in the uses of such Fines or not examined The common way as these abuses are hatch'd and framed in deceit of the Law and Court of Common Pleas are either by Dedimus Potestatem directed to Mercenary persons who value not their reputation or such as connive at or contrive the doing of it ignorant persons in such affairs And in some Cases where such Commissioners and Courts themselves are deceived of all which I shall give an account and thew what remedy hath been formerly used to recompence the parties abused by such practices And what are the remedies at this day As also how just the Law is in Cases of the like nature in lesser concerns The Case was that Hubert being convicted in Star-chamber by Bill exhibited against him for procuring one Webster to counterfeit himself to be one Gellibrand 39 Eliz in the Star chamber Huberts case Crokes Report and to acknowledge a Fine in his name before Commissioners procured for that purpose of Gellibrands land The sentence in that case was that he should make Fine to the Queen and should be imprisoned and that the Fine should be void if it could be done by entring a Vaeate if it could not then Hubert by Fine or otherways as the said Gellebrand should devise should reconvey the Land to him and his Heirs in the same manner as it was before at the time of the Fine levied My Lord Coke in his 12 Rep. in Hu●gates Case says that this Fine could not be vacated so that Gellibrand was otherways relieved The Earl of Exeter bought a Lordship in Lei●●ne●shire of a Gentleman who had formerly made his Wife a Joynture of it T●● ●re 〈◊〉 the S●●●●ch 〈◊〉 who covenanted with his Lordship that he and his Wife would levy a Fine of it but could not get his Wife thereto but he and another woman whom he suborned and hired to come in his Wifes place and name to joyn with him to levy a Fine which accordingly passed at the Bar of the Court of Common Pleas and shortly after the Gentleman dyes and his true Wife entred and claimed her Joynture The business being brought into the Star-chamber and there proved the said Earl was glad to allow her her Joynture or that which was equivalent but the said Fine stood good against her The Statute of 21 Jac. 26. doth provide that any person acknowledging

any matter of Record in another persons name the said person not being party or privy thereunto that it shall be Felony in such person But if as in the cases beforementioned one person should acknowledge a Fine in another persons name and this person as should so acknowledge the same should be convicted thereof according to the Statute yet such Fines shall stand good because it is a Record of a high nature and will admit of no Averment against it self Where Lands were demised to one Bushley in tail remainder over Bushley proved an Ideot and deformed Creature Tempore Jac. Bushleys case in Common Pleas. one Nicols and others doth get him into their custody and carries him to a place unknown and there kept him in secret until he had acknowledged a Fine to one Bothom before Justice Southcot to the use of the said Bothom which business being examined by my Lord Dyer and the rest of the Justices of the Court of Common Pleas they declared this Fine to be good and not reversable notwithstanding the practices and Ideocy but declared that the Judge that took the same was not worthy to sit to take another which Case was as I have heard examined in the Star-chamber and the parties judged to pay fine to the King and imprisoned until recompence But what was done to the Judge I know not there are several presidents where Judges Commissioners and other Offenders have been fined where there hath been any apparent neglect or contrivance proved against them Butcher having married a Wife who had 20 l per annum Inheritance and an Infant of nineteen years of age Butchers case tempore Iacobi in Star-chamber gets a Dedimus Potestatem directed to two Gentlemen who examined her and took her to be of age so as the Caption was returned and the Fine become a Fine of Record his Wife not long after dyed without inspection her Heir brings his Bill of Complaint in the Star-chamber against Butcher and his Commissioners and there proves that Butcher knew her to be an Infant and did notwithstanding practice the procuring of this Fine in deceit of the Court The sentence was That he should make Fine to the King and recovery by Fine or otherways to his Wives Heir or pay 400 l which was the value of the Land but the Fine could not be avoided One Carrel marries Johan Heir of Waincomb an Infant about nineteen who by Dedimus Potestatem acknowledged a Fine of her Lands and dyes without inspection Waincomb and Carrels case tempore Eliz. in Star-chamber 18 Rep. The uses of which Fine being to the said Carrel for his life and after his decease to her Heirs Waincomb Heir of Johan brings his Bill in the Star-chamber where the business being examined and it not appearing that Carrel knew his Wife to be an Infant nor any practice or neglect in him or the Commissioners and the settlement to be but reasonable being but for life which he would have had in case he had a Child as Tenant by Courtesie and the Estate being not fully taken out of her blood the Court gave no sentence therein Note That the laudable Custom of Tenancy by the Courtesie is allowable no where but in England the next Heir in all other places entring immediately This Parliament hath been pleased to examine the undue procuring a Fine levyed by Sir Edward Powell Knight and Baronet and his Wife the same being procured by fraud on his Wife which Fine was by them made void which could not have been otherways done The relief of Heirs and other persons prejudiced by Fines deceitfully levyed in the Common Pleas in the Star-chamber and their sentences for such misdemeanors was a terror which prevented many attempts which possibly would have been practised on Fines and Recoveries in case that had not been The want of which Star-chamber to punish and rectifie such abuses in Fines is at this day the daily ruine of many a Family for how easie is it to get qualified Commissioners in this corrupt age to return the Caption of Fine of an Infant of five years of age or of a person they never saw nor examined by which means they may do and dispose of any Estate as they please And if such Infant shall dye and not reverse the same it shall bind him and his Heirs And how easie is it to get one person to represent another to Commissioners and they to return the Caption and this person to go beyond Sea and 't is possible may never be discovered being an easier way to get money then on the High-way the one way of getting money being as just and reasonable as the other And how many persons may by this means get his Wives Inheritance or Joynture from her and when she shall examine the business there must be admitted no averment against a Record How reasonable the Law is in Cases of smaller concerns where men are not concluded by a presumption of solemnity so easily avoided by corrupt persons IF any Infant bind himself in any Bond or Deed or alien any Lands Goods or Chattels he may avoid the same at any time whatsoever Coke sur Litt. Sect. 259. either by Plea or Writ or his Heir may avoid the same Infancy being a good Plea in bar to all Actions except for necessaries as Diet Clothes c. If any Ideot or Non compos mentis make any Feoffment Gift Lease or Release c. it may be avoided during his life by Office at the Kings Suit which shall have relation from the time of his Nativity to avoid all acts done by him and after his death the King shall deliver his Lands to the right Heirs Fitz-Herbert in his Natura Brevium says Berverlys case 4 Rep. he may avoid such act done by himself either by Plea or Writ and that his Heir may avoid the same by Entry Plea or Writ is the opinion of all the Books If one person doth represent another and borrows money and gives Bond or any other assurance in any others name he may avoid the same by pleading Nonest factum or such like Plea and so puts the other to prove that he was the person that borrowed the same or his Heirs Executors or Administrators may have the same Plea If any person be imprisoned or forced to enter into Bond or promise or any other assurance of the like nature he hath his Plea per Minas or per Dures which is a Bar in any such case But if any of these abuses happen in the levying a Fine none of these just Pleas can be admitted for the reason before mentioned it being a Record of a high nature and will admit of no Averment against it self and presumed to be done with such solemnity as aforesaid Whereas persons that practice such deceits do for the purpose get a Dedimus Potestatem directed either to such that contrive their designs or ignorant persons or such as they are sure will take