Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	cause_n	error_n	writ_n	1,472	5	9.3274	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93108	A new survey of the justice of peace his office· Wherein is briefly, yet clearly opened the severall parts thereof: and what one, or more justices of peace may do therein, in, or out of the sessions of the peace, by all the laws made to this day; and now in force. With the names, or times, of the statutes, acts, and ordinances themselves, relating to this office. Alphabetically set down under apt titles. / By W.S. Serjeant at Law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3194; Thomason E1871_1; ESTC R203711	101,664	254

not safely in any case baile such a person Baile accused of Felony But if he see cause or desire to Bail him because the offence is small as perhaps but a Petit Larceny or if it be greater and the evidence against him is very little or none at all he must call to his assistance another Justice of Peace For there must be two Justices of the Peace and one of them of the Quorum and they must be together to do this work See Baile and 1 2 Ph. and M. 13. 10 Any one Justice may send his Warrant to arrest any one that stands indicted of a Felonie See the Presidents in the Cabinet for all these things Chap. 5. throughout Chap. 25. 1 c. 2. Any two Justices before whom Reward for the taking of Felons any one shall be convict of a Robbery or Bu●glary may give order to the Sheriff to pay to the party that did apprehend and prosecute him 10 l. for his reward therein Act. 17th of Septemb 1656. 3. How Felonies done beyond Sea may be prosecuted here by the Prosecutor thereof and what the Justice of Peace is to do in it see Act. 20th of September 1649. 4. How and at whose charge Felons shall he carried to Goal see Sect. 20th of this Chapter SECT 17. About Fish and Fishers AS to this we are to know 1. That no Fisherman is to be forced to be a Marriner under the Lord Pro●ector's Commission unlesse he be chosen by the two next Justices to the place where he dwells 5 Eliz. 5. 2. Justices of the Peace are to be Conservators of the Rivers and shall have power to ●arch We●res lest by their straitnesse the Fly of Fish be destroyed Upon we●● 2. ●● and 13 ● ●●9 And they may appoint under-Officers to look to the Rivers and to inform against offenders therein West 2. 47. 13 R. 2. 19. SECT 18. About a Forcible Entry AS to such as make Forcible Entries into Lands in this case any one Justice of Peace upon Complaint hereof made to him and that the Force doth continue may go to the place to view it And if he find it upon his own view to be so he may remove it Record the Force and as some would have it Fine the offenders according to his discretion bind them to the good Behaviour send them to Goal till they have paid or secured the Fine And then make a Record of all this and certifie it into the Upper-Bench or Quarter-Sessions which he will And when the Fine is paid or secured he may deliver the offender But if the Force be done and past Then hath he nothing to do but to summon a Jury to enquire of it which he must do by his Warrant to the Sheriff and do it within a moneth of the Complaint or it will be very panal to him And by this Jury upon a Traverse he must enquire And if the Jury find any Forcible Entry or detainer in the Case then is the Justice to send his Warrant to the Sheriff to restore the party put out of into possession again and may Fine c. 15 R. 2. 2. 8 H. 6. 9. 31 Eliz. 11. 21 Iac. 15. See for this the Books at large and in my Iustice of Peace Book Chap. 15. and in the Clarks Cabinet See all the Presidents of Warrants for it in Chap. 7. of that Book And because there is some difficulty in Caution to Justices this work it will be the Justices wisedome to call in for the help of some or at least of one of his Fellow-Justices of Peace herein SECT 19. About Free-Quarter AS to Souldiers that take Free-Quarter in mens houses against the owners consent In this case any two Justices of the Peace may examine the offence upon Oath And when they have done this they are to send this Examination under their hands and seals up to the Committee of Examination Certificate the Army And so satisfaction will be made to him that is wronged Upon Act. 19. December 1651. 24 April 1648. and 24 December 1647. SECT 20. About Goals or Prisons and Prisoners AS to this take these things 1. Justices of the Peace regularly are to send such prisoners as they do commit to prison to none other but the Common-Goal of the County Upon 5. H. 4. 10. And yet where any Statute directs them to send to another prison as to the Bride-well Stocks or the like there they must pursue the same direction 2. The Goaler is to receive such a prisoner so sent to him by a Justice of Peace and that without Fee And if ●he Goaler do not so he may be punished by the Justices of the Peace by Fine for his Contempt c. But not upon the Statute of 4 Ed. 3. 10. For the Justices of the Peace have not the power of Execution of that Statute 3. An offender to be conveyed to Charges of Convey of a Prisoner to Goal Goal is to bear all the charge of himself and of those that guard him thither if he be able And in case he refuse so to do Any one Justice of Peace may send his Warrant to the Constable of any Township in the County where he hath goods and take them and prize them by four of the Neighbours and sell so much thereof as the Justice shall think fit to satisfie the charge And if the offender have no goods a Rate for Rate the raising of the money may be made by the Constables and Church-wardens and two or three others or for lack of such Officers by four of the more sufficient men of the place where he was taken And any one Justice of Peace may by putting his hand to it confirm it And after give his Warrant under his hand to levy it by distresse of the goods of them that refuse and after apprisal by four of the Inhabitants by sale thereof to give back the over-plus And so to pay over the money to them that did bear the charge of his Convey to prison Upon 3. Iac. 10. See the President for this in the Clark's Cabinet Chap. 17. SECT 21. About Habeas-Corpus Certiorario Supersedeas Writ of Errour AS to these four things which are Writs that serve to prevent stop or undo the power of the Justices of the Peace these things are to be known 1. The Habeas-Corpus is to remove Remove of Records and Prisoners the prisoner and his cause from the Justices into a higher Court upon supposall that they are doing or have done illegally The Certiorani to remove the Cause and Record from before the Justices before a higher power upon this pretence The Supersedeas is from a Higher Court to forbid any further or other proceeding before the Justices The Writ of Errour to undo what hath been done before the Justices where upon on Indictment or Information a Judgment is given against Law 2. Every Habeas-Corpus and Certiorari to remove a Record or Prisoner ought to be signed