Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	aforesaid_a	county_n	say_a	5,688	5	7.0099	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89574	Speculum libertatis Angliæ re restitutæ: or, The looking-glasse of Englands libertie really restored. Being the representation of the just and equitable constitution of a real common-wealth, suitable to the earnest desires and expectation of most of the good people in the three nations, and as we hope the intendment of supream authority. Published for the incouragement and reviving of the hearts and hopes of all the well-affected.	R. M.	1659 (1659)	Wing M77; Thomason E989_19; ESTC R202862	11,187	20

and Liberty Our Representatives retaine the power and office of Generalissimo in their owne hands whilst they fit and delegate it to the Keepers of the Liberties of England in the intervalls They themselves appoint their Leivtenant Generall by act of Parliament who ought to be a man not only truly valiant but also one really possessing the quallifications declared by the Common-wealth viz. one truly fearing God a lover of all the people of God and if he have these two he can hardly want all the rest that becomes of a Common-wealths man the which is absolutely required in the person that shall command our Army Our Lawes are few necessary plaine and easie without any quirkes and quiddities to be understand by the most vulgar capacities Our Lawyers and Administrators of Justice are as few Our Law processes tritalls and determinations are as speedy unexpencible and as little verations as may be for we have our Law administred de deie in diem daily at our own doores as it were that is to say in every County the Judges and administrators constantly attendin on that businesse No Law-suit or cause after the first day of hearing wherein there must be no delay used must depend undetermined above one moneth nor any above one yeare and a day and that is onely when some of the materiall parties or witnesses to the cause are beyond the seas and cannot have notice and warning and this under a great penalty to the Judges before whom the said cause depends The Plaintiffs and Defendants and their witnesses are to speake before the Judges vivâ voco and to plead their owne causes for neither incriminall nor judiciall causes do we allow any advocates except the Plaintiffe and Defendant one or both be Ideots naturall Fooles or not compos mentis that is mad or besides themselves The Judge of our Courts have no Fees bnt constans set salleries paid them by the State for that service these salleries are partly paid out of the fines and amercements set on Litigious persons that are cast and condemned in their causes for the Judges are to lay severe fines on them as for disturbing the private peace of their honest neighbours so also for troubling the Common-wealth We allow Appeales from our County Courts to the highest Court of our Metropolis but he that will appeale must give good bond and security that he shall make good his appeale or else to forfeit the same that he is bound in the one halfe to the party for whom the cause was adjudged in the said County Court and the other halfe to Common-wealth towards the use aforesaid We have no particular Court of Chancery that may Monopolize the determination of all causes of equity wholly to it self but all our Courts have powr as to Judge of the jus and Law so also of the equity and conscience of any cause that depends before them We have none Prerogative Courts for the very name is abominable and the thing diametrically opposite to the charter of our Common-wealths constitution But all maritime causes are determined in the other Courts under whose jurisdictions and precincts they happen and fall who have power to determine according to reason and equity in all such cases for the Civill law or jus gentium is no other besides some few sea customes and usages which are well knowne to every experienced Sea-man and therefore the jurors in all maritime causes ought to be of Sea-men and Mariners And as for the probate of wills and differences about them they also are to be decided in the usuall Court Save that the willis to be recorded by the register of each County as all other publike acts and contracts of that nature ought to be as hereafter is expressed And if any Judge or any other Officer or administrator of justice take any bribe directly or indirectly by himselfe wife servant or friend and it be proved he shall loose his place and office durante vita during life and forfeit treble the vallue of the bribe so taken to the Common-wealth as also shall the Person that gave it him to delay or pervert justice We have a Court on purpose erected in every County for the Triall of all mens claimes and titles to any estate and therefore Proclamation is made to all such as pretend to have any such right title or claimes to any inheritance or estate as well as aforesaid if the said claimers live within the Land that they bring in and make forth their claime in three moneths next after such a Proclamation made as aforesaid or in one yeare and a day at farthest or else they are to be for ever after fore-judged and concluded by their own voluntary and wilfull neglect Thus all titles and claimes to all estates in the Nation being cleared and the property assertined a publique register is appointed in every County Market Towne and Towne corporate those in the Market Townes and corporate Townes aforesaid to be the deputies of the register of the County with whom all mens inheritances and all other publique bargaines sales and contracts shall be from time to time registred and recorded and thence transmitted unto the register Generall of the Metropolis once in a quarter or sooner No man shall be imprisoned for debt except such of whom it is doubted that they are runing the Country and then not above three dayes or a short space during which time he at whose suit he was imprisoned shall give and allow him 3s a day to maintain him there untill the matter may be examined by the Judges and if no just cause be found for his imprisonment he at whose suit he was so imprisoned shall pay him 5 lb an hour for his false imprisonment But if it be found just the imprisoned is forthwith to agree with his Creditor or to pay the debt which if he refuse so to doe he shall make a true confession upon oath of the real valew of his estate and where and what and in whose hand or custody it remaineth and payment is to be appointed by the Magistrate 〈◊〉 of it the said goods and estate being sould to the best advantage and the overplus if any be to be rendred unto the said Debtor but in case the estate and goods will not reach to the payment of the debt and to leave the Debtor 5 lb to begin the world againe if the debt be one hundred or so many five shillings of each pound as the debt is under an hundred for the Creditor if he thinke fit shall leave so much in his hands which sume so left shall be as an obligation to the Debtor if ever God make him able to pay his Creditor the whole debt due to him but if the Creditor will take all and leave him nothing he shall be debarred in Law-suits for ever from challenging the remainder of the said debt from his said Debtor But in case that the Creditor shall prove that the Debtor hath forsworne himselfe and

concealed any part of his estate to defraud him that then by the Law the Debtor shall be esteemed and punished as a Cut-purse or Fellon No man shall be arrested by Sergeants or Bailiffs for debt save onely in the case aforesaid but a summons in the nature and forme of a Subpaena is left at his dwelling house or the last and most usuall place of his aboad the summons expressing the day when the time and place where before whome at whose suit of what nature under what penalty and if the party summoned shall not appeare as aforesaid then shall Proclamation be made in three of the next adjacent Market Townes to summon the party and command him to appeare within a certaine time limited and if he then also faile of appearance if he be within the Land he shall be out Lawed and an execution and extent shall issue against him and his goods and estate That the Religion publiquely professed and practised in this Common-wealth shall be the true Protestant Religion in opposition to Popery Prelacy and all other false Religions That a well gifted honest able Preaching Ministery be set up in every Parish in the Common-wealth to instruct the people to lead their lives in the feare of God and in due obedience to the Common wealth That the said Parochiall Ministery shall duly Administer the Sacraments of Baptisme and the Lords Supper unto all their Parishoners that shall make profession of their faith in God according to the modell thereof laid downe in the Apostles Creed and are not otherwise men of openly scandalous conversations even unto as many of them as shall desire the same That those that shall voluntarily and desiredly submit to the publique forme and Administration of the Ordinances as aforesaid And those that in respect of scruple consciences shall not that neither of these disturb each others assemblies or practise of the ordinances and that the magistrate command that Christian peace to be kept among them one towards the other That the Ministers maintenance be Tithes untill they have obtained more faith to trust God the Christian Magistrate and the people for their maintenance in a Gospell way That for the incouragement and advancement of humane learning the Universities of this Nation be kept up and so ordered and regulated that they may be the Nurseries of good literature and manners and not of ignorance idlenesse pride luxury irreligion and other such like sordid vices and that Latine be commonly spoken in the Schooles and Colledges and amongst the Students and Schollars that our Nation may not be so generally defective that way as they are found to be when they come abroad into forraigne Nations to their great shame That care be taken that the Teachers of all publique Grammer Schooles be men well principled in the Protestant Religion and very able Grammarians and expert Linguists at least in two of the Languages viz. Latine and Greek That in every Market Towne or great Parish Free-Schooles be set up to instruct and teach poore peoples children of both sexes at least to read untill they be fit to be put forth or placed in services both which to be at the puplick and common charges That no Corporations exercise any laws customs usages or prescriptions contrary to reason equity common right and liberty of every free-born English-man as is expressed in the great Charter of the Common-wealths constitution That any free-born English-man or native may set up and use any Mechanicall Trade Profession or Occupation in any City Town Corporate or in any place of this Nation without exception whether he have been bound apprentice to it or no. That any poore Labourer or Trades-man as aforesaid may remove his dwelling and family into any place of these Nations where he finds he can get most work and imployment for the comfortable subsistance of himselfe and family without disturbance or being sent back again or inforced to give security that he shall not be chargable to the Parish there being due provision made for all such in the manner here-to-fore mentioned We have customs for the maintenance of our Navy payd upon all imported and exported commodities and we do also upon necessity of increasing our Navy above the number of our usuall guard impose a new Impost or Excise as we call it which is no other than the doubling the customs on some or trebling of it upon other commodities lesse usefull to the Nation and more superfluous but all is managed and collected by one and the self-same Set of officers appointed for that purpose by means whereof very much charge and expence is saved to the Common-wealth and the Merchant far better contented as being enabled to carry on his businesse and trade with much lesse trouble and perplexity We have excise also upon Cyder Ale and Beer sold in Innes and Ale-houses after the rate of three shillings the Hogshead allowing one Hogshead in ten for grounds and wast Beer this excise is set assessed and assertained on each Inne and Ale-house-keeper by the Justices of Peace of each County annually when they give Licences to the said Ales-houses As also on other customed Ale-houses having taken the best information possible of the weekely draughts and expence of Beere and Ale sould and expended in every the said-houses and the summe being thus accounted reckoned and assertained the severall Ale-house-keepers shall enter into bond unto the Common-wealth to pay it quarterly and the moneys so due and payable to be received and collected by the Justices of the Peace in their respective devisions and transmitted by them into the publique treasury the said Justices of the Peace at the time of their annuall setting and assertaining of the excise as afore-said transmitting a true and certaine account of all such summe and summes of money and from whom they are due and payable unto the Parliament or Counsell of State We hold it our interest if it may any wayes stand with the honour and safety of the Common-wealth and that we be not justly and unsufferably provoked to the contrary to have peace with all Forraigne Nations as finding this most to conduce to the profit and benefit of the Common-wealth in advancing trade Ballancing the interests and differences of our Neighbours rather by our Christian and civill addresses mediations and interpositions than by the Sword And seeing we have roome enough in the New-sound-World to swarme forth and discharge our selves with safety of our inhabitants when we grow Populons thinke it as impolitique so also un-Christian to cast away our men and wast our treasure and to impoverish and in danger our Common-wealth at home in hopes only of enlarging our Dominions abroad Wee permit no goods or Marchandise to be imported in forraign bottomes that are not really and indeed of the growth production and manufactory of the same Nation unto whom the said bottome or vessell doth truly appertain and whereof the master and the greatest part of the ships company be