Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	henry_n	king_n	write_v	2,731	5	6.3020	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54684	The antiquity, legality, right, use, and ancient usage of fines paid in chancery upon the suing out, or obtaining some sorts of original writs retornable into the Court of Common-Pleas at Westminster / by Fabian Phillips ...	Philipps, Fabian, 1601-1690.	1663 (1663)	Wing P2005A; ESTC R31118	24,218	54

Session as they there are called did no longer ago then in anno 1606 in the Reign of King James the sixth by his Commission limit and set down the Prices or Fees to the Director of the Chancery which varied according to the qualities of the persons and values of the matters or things as twenty shillings Scots money for a second or third Precept and for a Summons of Errour past the quarter Seal four pounds Scotish money and to the Keepers of the Signet ten shillings Scots money for a Summons which were ratified by Act of Parliament in that Kingdom in anno Dom. 1621. And do at this day keep their Chancery and the Fees and Profits thereof so high as for a Defendants entring into a Recognizance or Obligation in a Suit depending before the Lords of Session or Court of Justice so called which with us without passing the great Seal would not have cost twenty shillings being to pass the Seals in their Chancery no less then fourty pounds Sterling is demanded for the incident charges thereof Long before which and many of those or the like Customs in other Nations the payment of Fines in England upon Original Writs issuing out of the Chancery did by imitation of the Greeks and Romans or the light and law of Nature and the same or a like reason very early come unto us As may be perceived by that Law of King Ina in anno 720. when the Defendant did pignora deponere ante litem aestimatam And by the Wytas Overseunesses and emendationes pacis paid to the King in the time of our Saxon Ancestors and King Henry the 1. and the Sachas which were in that nature paid in those days to the Lords of Mannors upon Suits or Actions in their petty Courts And it appears by the Fine-Rolls in the Reigns of King John H. 3. E. 1. E. 2. and until 25 E. 3. that Fines were paid upon very many if not all manner of Writs Original issuing out of the Chancery and even upon Actions of Trespass and being since 25 E. 3. by the grace and favour of the Chancery and Chancellors notwithstanding divers Petitions in Parliament in that Kings Reign to some of which he had given negative Answers and to others referred them to the Chancellor to deal favourably with them therein reduced to that which they now are viz. where the debt or damage demanded and expressed doth exceed the sum of forty pounds there is onely paid six shillings and eight pence from thence to one hundred marks and thence to one hundred pounds ten shillings and so proportionably according to that rate as the sum of money demanded and expressed shall exceed the sum of one hundred pounds Which probably might be so limited or restrained by occasion of a petition of the Commons in Parliament in the 25 year of the Reign of King E. 3. where they did pray That les graces de la Chancellarie pour briefs avoir ne sont desormes si dures nési Estreites come ore ont estre de novel quar home en prent ore en la Chauncellerie Fins de chescun maner de briefs ceux Fins serront paier maintenant en le Haneper que de ceo en arere ne estoit fait quel chose est si grant damage au peuple que gentz ne poient leur droit poursuier par reasone de le grant charge susdite en gran●●rrerissement de profit le Roy. To which the King answered Il plest au Roy que le Chaunceller soit si gracious come il purra bonement sur le grant des briefs considerant l'estat des persones quiles pourchasent And may with probability and warrant enough be well conjectured to have been if not as those ancient Deposita's which the Romans and the Civil Laws might long before have introduced or as the customs in the Empire or large walk or extent of the Civil or Caesarean Law have brought into a well-allowed Praxis yet as Honoraria's or Oblata's Retributions or Free-will-offerings of the people for favours received Of which some of the Fine-rolls of King Johns time do bear that Title Where it appeareth that Abbas de Burgo dat Domino Regi unum Palfridum pro habendo brevi de nova disseisina Johannes le Tanner dat dimid marcam pro habendo Pone coram Justic. domini Regis apud Westemonasterium Magister Honorius Archidiaconus Richemund dat unum Palfridum pro capiendo quosdam Excommunicatos And before the custome of giving or assessing Costs either to Plaintiffs or Defendants the Plaintiff could not as appeareth by the form of the Original Writs mentioned by Glanvil Lord Chief Justice of England when he wrote his Book de Consuetudinibus Angliae in the Reign of King Henry the second prosecute his Action upon an Original VVrit which was then for ought appears to the contrary long before used and accustomed nor have any thing done by the Sheriff to whom it was directed or any process out of the Court of Common Pleas where it was made retornable before he had put in to the Sheriff two real Sureties or Pledges de clamore suo prosequend which for some Ages after continuing it was in 36 Edward the third ordained by Act of Parliament That Costs should be taken before the Justices in the presence of the Pledges and that the Pledges know the sum of their Fine before their departing But it being afterwards found to be an obstruction of Justice and a denial or delay of it where poor men or of low and mean condition were not able or could not without great trouble or inconveniencies before-hand procure Sureties in their Suits or seeking for Justice especially against rich or potent Adversaries although the Judges did by discretion of Court not seldome as the Records do witness propter paupertatem dispense with the putting in of Sureties to prosecute it did by reason of a more rational or speedy way and course of taxing or assessing Costs and putting it in the same execution for the principal debt or cause of Action grow into a desuetude and a meer formality of retorning Pledges or Sureties for the payment of the Costs to the party vanquishing and the Fines which were before carefully collected for the King and together with the Misericordia's which upon non Prosequendo's and upon every Judgement are now onely entred with a Misericordia in the Margent and made a considerable Revenue to the King as by the Estreat-Rolls of the Iters or Circuits in the Reign of King Edward the first may appear being not now imposed the feigned and usual names of John Doo and Richard Roo to avoid alterations in the Formula's or Proceedings of the Law and the evil consequences which do often happen by Innovations do onely yet remain to tell us the former reason and designe of the Law therein Which payments of Fines upon the suing out of Original Writs in debt for sums of mony for which