Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	england_n	law_n	3,708	5	4.7562	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A83529	Two acts of Parliament, the one for the preventing of the inconveniences happening by the long intermission of Parliament. : And the other for regulating of the Privie Councell, and for taking away the court, commonly called, The Star-Chamber.; Laws, etc.	England and Wales.; England and Wales. Parliament.	1640 (1640)	Wing E2382C; ESTC R230802	14,291	17

yeer of the same King Edward the third It is amongst other things Enacted That all pleas which shall be pleaded in any courts before any the Kings Justices or in His other places or before any of his other Ministers or in the courts and places of any other Lords within the Realm shall be entred and inrolled in latine And whereas by the statute made in the third yeer of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Keeper of the Kings privie seal or two of them calling unto them a Bishop and a Temporall Lord of the Kings most honourable Councell and the two chief Justices of the Kings bench and common pleas for the time being or other two Justices in their absence to proceed as in that act is expressed for the punishment of some particular offences therein mentioned And by the statute made in the one and twentieth yeer of King Henry the eighth The President of the Councel is associated to joyn with Lord Chancellour and other Judges in the said statute o● the third of Henry the seventh mentioned But the said Judges have not kept themselves to the points limited by the said statute but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such authoritie and to inflict heavier punishments then by any Law is warranted And forasmuch as all matters examinable or determinable before the said Judges o● in the Court commonly called the Star-chamber may have their proper remedy an● redresse and their due punishment and correction by the Common Law of the Land and in the ordinary course of Justice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and th● proceedings Censures and Decrees of that Court have by experience been foun● to be an intolerable burthen to the subject and the meanes to introduce an Arbitra●● power and Government And forasmuch as the Councell-Table hath of late time assumed unto it self a power to intermeddle in Civill causes and matters onely ●● private interrest between party and party and have adventured to determine ●● the Estates and Liberties of the Subject contrary to the Law of the Land and th● rights and priviledges of the Subject by which great and manifold mischiefs an● inconveniencies have arisen and happened and much incertainty by means of su●● proceedings hath been conceived concerning mens rights and estates For setli●● whereof and preventing the like in time to come Be it Ordained and enacted by Authority of this present Parliament That t●● said Court commonly called the Star-Chamber and all Jurisdiction power and a●● thority belonging unto or exercised in the same Court or by any the Judges Officers or Ministers thereof be from the first day of August in the yeer or our Lo●● God one thousand six hundred fourty and one cleerly and absolutely dissolved takeaway and determined and that from the said first day of August neither the Lord Chancellor or Keeper of the great seal of England the Lord Treasurer of England the Keeper of the King Privy-seal or President of the Councell nor any Bishop temporall Lord Privy-Councellor or Judge or Justice whatsoever shall have an● power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce deliver any Judgement sentence Order or Decree or to do any Judiciall or Minsteriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limitted or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Judges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like Jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court. And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like Jurisdiction being exercised there shall from the said first day of August one thousand six hundred fourty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said ●tatute made in the third yeer of King Henry the seventh Or the Statute made ●he one and twentieth of Henry the eight Or any Act or Acts of Parliament here●ofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Judicature shall be erected or●ained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Jurisdiction as is or ●ath been used Practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That ●either his Majestie nor his Privy-Councell have or ought to have any Jurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose ●f the Lands Tenements Hereditaments Goods or Chattels of any the Subjects ●f this Kingdom But that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law And be it further provided and enacted That if any Lord Chancellour or Keeper of the great seal of England Lord Treasurer Keeper of the Kings Privy ●al President of the Councell Bishop Temporall Lord Privy Councellour Iudge 〈◊〉 Iustice whatsoever shall offend or do any thing contrary to the purport true in●nt and meaning of this Law Then he or they shall for such offence forfeit the sum ●f five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain ●●dgement thereupon to be recorded in any Court of Record at Westminster by ●●ction of Debt Bill Plaint or information wherein no Essoine Protection Lager of Law Aid Prayer Priviledge Injunction or Order of restraint shall in any wise prayed granted or allowed nor any more then one Imparlance And ●ny person against whom any such Iudgement or Recovery shall be had as afore●● shall after such

Barons and Burgesses which Election shall afterwards fall out to be afterwards adjudged or declared void in Law by the House of Commons by reason of equality o● voices or misdemeanour of any person whatsoever then the said County City Cinque-port or Borough shall not incurre the penalties in this Law so as an Election de facto be made And it is further enacted that no Parliament henceforth to be assembled shall be dissolved or prorogued within fifty dayes at the least after the time appointed fo● the meeting thereof unlesse it be by assent of His Majestie His Heirs or Successours and of both Houses in Parliament assembled And that neither the House o● Peers nor the House of Commons shall be adjourned within fifty dayes at least after the meeting thereof unlesse it be by the free consent of every the said Houses respectively And be it further enacted and declared by authority of this present Parliament that the Peers to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose and declare such person to be Speaker for the said Peers as they shall think fit And likewise that the said Knights Citizens and Burgesses to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose and declare one of themselves to be Speaker for the said Knights Citizens and Burgesses of the House of Commons assembled in the said Parliament as they shall think fit which said Speakers and every of them aswell for the said Peers as for the said House of Commons respectively shall by vertue of this Act be perfect and compleat Speakers for the said Houses respectively and shall have as full and large power jurisdiction and priviledges to all intents and purposes as any Speaker or Speakers of either of the said Houses respectively heretosore have had or enjoyed And it is further enacted and declared that all Parliaments hereafter to be assembled by authority of this Act and every member thereof shall have and enjoy all Rites Priviledges Jurisdictions and Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to ●ave And all and every the Members that shall be elected and chosen to serve in any Parliament hereafter to be assembled by authority of this Act as aforesaid shall ●semble and meet in the Commons House of Parliament and shall enter into the ●●me and have voices in such Parliament before and without the taking of the se●erall oathes of Supremacy and Allegiance or either of them any Law or Statute to ●●e contrary thereof in any wise notwithstanding Provided alwayes That if the Kings Majesty His Heires or Successors shall at ●y time during any Parliament hereafter to be assembled by authority of this Act as foresaid award or direct any Commission or Commissions unto any person or ●ersons whatsoever thereby giving power and authority to him or them to take and ●●ceive the Oath of Supremacy and Allegiance of all or any the members of the ●ommons House of Parliament and any the Members of that House being duly re●●ired thereunto shall refuse or neglect to take and pronounce the same that from ●●enceforth such person so refusing or neglecting shall be deemed no Member of that ●●ouse nor shall have any voice therein and shall suffer such paines and penalties as ●● he had presumed to sit in the same house without election return or authority ●nd it is likewise provided and enacted that this Statute shall be publikely read yeer●● at every generall Sessions of the peace to be held next after the Epiphany and every ●ssises then next ensuing by the Clerke of the Peace and Clerke of the Assises for ●●e time being respectively and if they or either of them shall neglect or fail to do ●●e same accordingly then such party so neglecting or failing shall forfeit the sum ●● one hundred pounds And it is lastly provided and enacted that His Majesties ●all assent to this Bill shall not thereby determine this present Session of Parliament ●● that all Statutes and Acts of Parliament which are to have continuance unto the ●● of this present Session shal be of full force after His Majesties assent untill this pre●●t Session be fully ended and determined And if this present Session shall dete mine dissolution of this present Parliament then all the Acts and Statutes aforesaid ●ll be continued untill the end of the first Session of the next Parliament ANNO XVII Caroli Regis ¶ An Act for regulating of the Privie Councell and for taking away the Court commonly called The Star-Chamber WHereas by the Great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Freehold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawfull Judgement of his Peers or by the Law of the land And by another statute made in the fifth yeer of the Reign of King Edward the third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into ●he Kings hands against the form of the great Charter and the Law of the land And by another statute made in the five and twentieth yeer of the Reign of the same ●ing Edward the third It is accorded assented and established that none shall be ●ken by petition or suggestion made to the King or to His Councell unlesse it be by indictment or presentment of good and lawfull people of the same Neighbourhood ●here such deeds be done in due manner or by processe made by Writ originall at ●e common Law and that none be put out of his Franchise or Free-hold unlesse he ●● duly brought in to answer and forejudged of the same by the course of the Law ●●d if any thing be done against the same it shall be redressed and holden for none ●●d by another statute made in the eight and twentieth yeer of the Reign of the same ●●ng Edward the third It is amongst other things Enacted that no man of what estate ●●condition soever he be shall be put out of his Lands or Tenements nor taken nor ●●prisoned nor disinherited without being brought in to answer by due processe of ●●w And by another statute made in the two and fourtieth yeer of the Reign of the said King Edward the third It is Enacted that no man by pur to answer with out presenament before Justices or matter of Record or by due processe and Writ are ginall according to the old Law of the land and if any thing be done to the contrary it shall be void in Law and holden for errour And by another statute made in the six and thirtieth

Judgement or Recovery offend again in the same then he or ●●y for such offence shall forfeit the sum of one thousand pounds of lawfull money 〈◊〉 England unto any party grieved his Executors or Administrators who shall ally prosecute for the same and first obtain Iudgement thereupon to be Recorded any Court of Record at Westminster by Action of Debt Bill Plaint or information in which no Essoigne Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second judgement or Recovery shall be had as aforesaid shall after such judgement or Recovery offend again in the same kinde and shall be thereof duly convicted by Indictment Information or any other lawfull way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts o● Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoigne Protection Wager of Law Aid Prayer Priviledge Injunction o● Order of Restraint shall be in any wise Prayed Granted or allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberrie or suffer imprisonment by the Order or Decree o● any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Jurisdiction Power or Authoritie to commit or imprison as aforesaid or by the Command or Warrant of th● Kings Majestie his Heires or Successours in their own person or by the Command o● Warrant of the Councel-board or of any of the Lords or others of his Majestie Privie Councell That in every such case every person so committed restrained of h● libertie or suffering imprisonment upon demand or motion made by his Counsell or other employed by him for that purpose unto the Judges of the Court of King● Bench or Common Pleas in open Court shall without delay upon any pretend whatsoever for the ordinary Fees usually paid for the same have forthwith grantee unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriff Gaoler Minister Officer or other person in whose custody the party committe● or restrained shall be and the Sheriffs Gaoler Minister Officer or other perso● in whose custody the party so committed or restrained shall be shall at the return ●● the said Writ and according to the Command thereof upon due and convenie● notice thereof given unto him at the charge of the party who requireth or procure●● such Writ and upon securitie by his own bond given to pay the charge of carrying back the Prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such Charges of bringing up and carrying back the Prisoner to be alwayes ordered by the Court if any difference shall arise there about bring or cause to be brought the body of the said party so committed o● restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certifie the true cause of such his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Iustice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the partie grieved his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend onely to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches ●f Wales and before the President and Councell in the Northern parts And also to ●he Court commonly called the Court of the Dutchy of Lancaster holden before the ●hancellour and Councell of that Court And also in the Court of Exchequer of the ●ounty Palatine of Chester held before the Chamberlain and Councell of that Court ●nd to all Courts of like Iurisdiction to be hereafter erected ordained constituted ●● appointed as aforesaid And to the Warrants and Directions of the Councel-board ●nd to the Commitment restraints and Imprisonments of any person or persons ●ade commanded or awarded by the Kings Majestie His Heires or Successours in ●●eir own person or by the Lords and others of the Privie Councell and every one 〈◊〉 them And lastly provided and be it enacted That no person or persons shall be sued ●●pleaded molested or troubled for any offence against this present Act unlesse ●●e partie supposed to have so offended shall be sued or impleaded for the same within ●●o yeers at the most after such time wherein the said offence shall be committed