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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n common_a king_n plea_n 3,698 5 9.0823 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B09030 Anno Regni Caroli II regis Angliæ, Scotiæ, Franciæ & Hiberniæ, vicesimo secundo & vicesimo tertio at the Parliament begun at Westminster the eighth day of May, Anno Dom. 1661. In the thirteenth year of the regin of our most gracious sovereign Lord Charles by the grace of God, of England, Scotland, France and Ireland King, defender of the faith, &c., and there continued by several prorogations, to the fourteenth day of February 1669/70, and thence continued to the 22th of April 1671 on which day the said Parliament was prorogued to the 16th day of April which shall be in the year 1672. England and Wales. Laws, statutes, etc.; England and Wales. Parliament. 1690 (1690) Wing E1120A; ESTC R175040 11,659 17

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shall and may be lawful to and for such Creditor of such Prisoner or Prisoners so Discharged as aforesaid his Executors Administrators or Assigns to take out any new Execution against the Lands Tenements Hereditaments Goods and Chattels of such Prisoner or Prisoners his or her wearing Apparel Bedding for him and his or her Family and Tools necessary for his or her Trade and Occupation only excepted for the satisfaction of his or their said Debt in such sort manner and form as he or they might have done if the person or persons of such Prisoner or Prisoners had never been taken in Execution Any Act Statute or Custom to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid That if at any time after the taking of the said Oath the said Prisoner or Prisoners shall upon any Indictment or Indictments or by his or their own Confession or Verdict of Twelve Men be Convicted of False Swearing in any Point or Article contained in the said Oath as he or they shall or may be by force of this Act Then such Prisoner or Prisoners so Convicted as aforesaid shall suffer all such Pains and Forfeitures as by the Statute of Quinto of Queen Elizabeth are to be inflicted upon any person Convicted of wilful Perjury And also the Court by Process out of which the Prisoner was Imprisoned shall Award a Capias ad satisfaciendum infinite or other Process directed to any Sheriff or Sheriffs for the Apprehending of the said Prisoner and upon Return of Cepi Corpus shall remand the said Prsoner into the Prison whence he or she was dismissed there to remain in Execution in such manner and condition as he or she was before his or her said Enlargement And then and from thenceforth he or she shall be adjudged to be in Execution fully as if he or she had never been discharged thereof And the Execution and Executions upon his or her Lands Tenements Hereditaments Goods and Chattels if any such happen to be after his or her said Discharge out of Prison and before he or she shall be Remanded shall stand also good and effectual in Law Any Act Statute or Custom to the contrary notwithstanding Provided and be it Enacted by the Authority aforesaid That in case any Sheriff Goaler or Keeper of Prison shall refuse or delay to Bring or Discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid Every such Sheriff Goaler or Keeper of Prison shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be Recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and Punishment as the said Iustices shall Order or Award And whereas it is found by common experience That such person or persons that are under Arrests or committed to the Custody of Sheriffs Bayliffs Goalers Keepers of Prisons or Goals are much abused and wronged by extorting of great Fees Rewards and other Exactions and put to great Expences under pretences of favour or otherwise whereby they are greatly oppressed and many times ruined in their Estates For remedy thereof Be it Enacted by the Authority aforesaid That if any Vnder-Sheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time or times hereafter have in his or their Custody any person or persons by virtue or colour of any Writ Process or other Warrant whatsoever It shall not be lawful for such Officer or Officers to convey or carry or cause to be conveyed or carried the said person or persons to any Tavern Ale-house or other Publick Victualling or Drinking house without the free and voluntary consent of the said person or persons so as to charge such Prisoner with any Sum of Money for any Wine Beer Ale Victuals Tobacco or any other things whatsoever but what the said person or persons shall call for of his her or their own accord And shall not demand take or receive or cause to be demanded taken or received directly or indirectly any other or greater Sum or Sums then what by Law ought to be taken or demanded for such Arrest Taking or Waiting until such person or persons shall have procured an Appearance found Bail agreed with his or their Adversaries or be sent to the proper Goal belonging to the County City Town or Place where such Arrest or Taking shall be nor take and exact any other Reward or Gratuity for so keeping the said person or persons out of the Goal or Prison then what he she or they shall or will of his her or their own accord voluntarily and freely give Nor take nor receive any other or greater Sum or Sums for each nights Lodging or other expences then what is reasonable and fitting in such cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter Sessions And shall not cause or procure the said person or persons to pay for any other Wine Beer Ale Victuals Tobacco or other things then what the said person or persons shall voluntarily particularly and freely call for And that every Vnder-Sheriff Goaler Keeper of Prison or Goal and every person or persons whatsoever to whose Custody any person or persons shall be delivered or committed by virtue of any Writ of Process or any pretence whatsoever shall permit and suffer the said person or persons at his and their will and pleasure to send for and have any Beer Ale Victuals and other necessary food where and from whence they please as also to have and use such Bedding Linen and other things as the said person or persons shall think fit without any purloining detaining or paying for the same or any part thereof nor shall demand take or receive of the said person or persons any other or greater Fee or Fees whatsoever for his or their Commitment Release or Discharge or for his her or their Chamber-rent then what is allowable by Law until the same shall be Settled by Three Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town corporate in their several Precincts And for the City of London and Counties of Middlesex and Surrey the Two Lords Chief Iustices of the Kings Bench and Common Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions And likewise that the said Lords Chief Iustices Lord Chief Baron and Iustices of the Peace in their several Iurisdictions and all Commissioners for Charitable Vses do use their best endeavours and diligence to examine and find out the several Legacies Gifts and Bequests bestowed and given for the Benefit and Advantage of the poor prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accompts whatsoever and any person