Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	peace_n	place_n	say_a	4,085	5	6.7304	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01292	A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1	Fulbeck, William, 1560-1603?	1601 (1601)	STC 11415; ESTC S102689	180,892	262

diuersified by the qualitie of the persons that commit it for otherwise bondmen otherwise they that are free are punished and if it be mixed with an other fault it was punished in a free man by ancient Lawes with perpetuall bannishment the confiscatiō of goods d L. 2. ff de publ iudic l. si quis ad se fundun C. eod §. item lex I●st eod but now it is punished with bannishment for a certaine time without confiscation of goods e §. relegati Instit quib mod ius patr● potest soluit but it is to be noted that the said punishment onely taketh place when force is actually done or cōmitted but if nothing bee done forcibly but certaine men hauing weapons are assembled in a great multitude together to committe force the punishment of that offence is arbitrarie and leste to the discretion of the Iudge but the Lawe setteth downe this mulcte in certaine that if he be a man of woorth hee shall paie to the common treasurie an hundred pounds in gold whosoeuer in such sort offendeth f L. si C. Ad L. Iul. de vi publ l. 1. 2. in prin ff eod Anglonomoph By our Lawe if a disseisin bee 5. That by the Common law the Counsaylors and committors of force are alike punished found to bee done by diuerse men and to bee done by force and one of them is found to bee but a coūsailor of the disseisin yet euery of them shall be awarded to prison g 17. Assis pl. 14. and if a man be attainted of Trespasse at the suite of the partie or of a disseisin with force wherefore hee is commaunded to prison if he be present or that hee shall be attached if he be absent whereupon hee is attached and put in prison at the Kinges suite vntill hee haue payed a fine to the King and after hee findeth pledges for his fine and prayeth that hee may be at large he shall not be permitted to goe at large vntill the Court be sufficiently enformed that hee hath agreed with the partie if the plaintife doe require before that his bodie may continue in prison vntill the defendant haue agreed with him h 22. Assis pl. 74. An vnlawfull assemblie is where aboue the number of two doe assemble to doe some vnlawfull 6. What an vnlawfull assembly is by the Common law 7. What a rout is acte and they doe it not in facte but after their saide assemblie they departe without doing more and a route is their tumultuous proceeding to performe the acte purposed but a 8. What ● ryot is riot is when more thē two do assemble together to the intent to do an vnlawfull act as to beate or to maime an other and they do this in fact but if diuerse assemble none know to what intēt this is not punishable till the intēt be knowne i Fitzh Iust de Peace 28. Mar● lect 8. Crompt Iust de peace 53. and when men are indited of riot they cōmonly pray to be admitted to their fine that by the paying of their fine they may escape imprisonment but de rig ore iuris they ought as well to be imprisoned as fined k Crompt Iustic de peace 53. b. Nomomath I would know of you Canonologus whether there be any penaltie in your Lawe prescribed for such offences Canonolog Yes there is a penaltie set downe 9. The punishment of the aforesaid offences by the Canon law for Clarkes such as haue takē holy orders for if they do commit publique force they are to be excōmunicated vntil they be reformed and they may be depriued for such publique offence l c●veritatis ext de dolo contum c. Inquisitionis c. qualiter quando extr de accusat c. licet Heli extr de simon c. Generali de elect lib. 6. Nonomath But what if the Magistrates in the 2. Diuision countrie be negligent and remisse in punishing such offences hath not your Lawe Codicgnostes prouided reformation for them Codicgn Yes if any Iudge will not do iustice 1. The punishment of the Iustice not punishing such offēces by the Ciuill law in the repressing and punishing of such offendors but shall either differre the punishment or neglect to giue sentēce or shal partially demeane himselfe in the smothering of that fault or shall not inflict the punishment due to such offences the said magistrate is by Lawe to bee made infamous to be depriued of his office to be made vncapable and vnable for any other office and further he is to be fined a C. li. in gold m L. fin C. ad leg Iul. de vi public vel priuat Anglonomoph Our Law is likewise seuere against 2. That the Iustices of Peace by the Common law are punished for remiss●nes of punishing others for the afore●aid faults such for if the Iustices of Peace sheriffe or vndersheriffe do record the force and do not commit the riotors to prison or if they commit them and do not record the force they shall pay euerie of them a C. li. for the statute is that they shall recorde and cōmit n 13. H. 4. c. 7. and if any riots routs or assemblies of people bee done against the Lawe two Iustices of Peace at the least with the Sheriffe or vndersheriffe must goe to the place where the riot c. is cōmitted they must take the offendors c. this is by the statute of 13. H. 4. c. 7. but notwithstanding this statute Fineux chiefe Iustice was of opinion 14. H. 7. that forsomuch as the statute is but merely in the affirmatiue that therefore one Iustice of Peace may goe take power with him and represse the riotors c. and he needeth not to stay for his cōpaniōs nor for the Sheriffe nor c. because the statute is a beneficiall Lawe made to auoid a mischiefe which might otherwise happen if one Iustice should stay for his companiōs o 14. H. 7. 10. ꝑ Fin. Fitzh Iust de P. 16 and the Sheriffe and Iustices of Peace may take with thē as many men in harnesse as are necessarie and gunnes c. and may kill the riotors if they wil not yeeld thēselfes and if the two Iustices which be nearest vnto the place where the riot is committed and the Sheriffe or vndersheriffe do not execute the saide Statute of 13. Henr. 4. they shall euery of them paie an hūdred poūd as before I haue said and the other Iustices of the same countie where the riot is committed shall bee fined for the not repressing of the riot if there bee any default in them p 23. Eliz. Crompt I. P. 54. but in such case it seemeth that the Iustices of the Peace should haue notice of the riot giuen vnto them or els that it should be so notorious that by common intent they may take notice of it q Crompt I. P. 54. b.