Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	assize_n	peace_n	session_n	3,521	5	10.0568	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A73793	A briefe declaration for vvhat manner of speciall nusance concerning private dwelling houses, a man may have his remedy by assise, or other action as the case requires Vnfolded in the arguments, and opinions of foure famous sages of the common law; together with the power, and extent of customes in cities, townes, and corporations, concerning the same: together with the determination of the law, concerning the commodity, and use of houses, and their appurtenances. Whereunto is added, the iustices of assise their opinion, concerning statute law for parishes, and the power of iustices of peace, church wardens, and constables; and to know what they are to doe concerning bastards borne in their parishes, reliefe of the poore, and providing for poore children, what remedy for the same.	Monson, Robert, d. 1583.; Plowden, Edmund, 1518-1585.; Wray, Christopher, Sir, 1524-1592.; Manwood, John, d. 1610.	1636 (1636)	STC 6453.5; ESTC S109443	22,208	48

The Father to the bough the sonne to the plow and yet directly against the Common law So I thinke of the case of Hogs put by Mr. Wray for that in the time of pestilence it is dangerous to let them come into Citties This Citty is the greatest Citty and most populous in this Realme and the more populous the more honourable the more buildings the more populous and honourable will it be And therefore Building is to bee favoured And by this building all his light is not stopped but parcell And Mr. Hales thereby looseth no not any great commodity but is restrained of a little pleasure for which hee cannot maintaine his action To the act of Parliament I will speake nothing but this I will say that if any custome bee meerly voyd of reason it is not good As the custome in 5. H. 7. that if the Lord distraine the beasts of his tenants for rent that hee may detaine them until hee be satisfied at his pleasure and 21. H. 7. that if any doe breake the Pound he shall pay 3 l. this is a voyd and unreasonable custome to binde an estranger and yet by common consent of the Lord and tennants it is good to binde the tenants So if I prescribe that if any mans Sheepe goe on my ground all the day to have the foldage of them in the night is a good custome because by common entendment the owner hath quid pro quo So our custome is for the maintenance of the Citty neyther is it against the common law directly neither hereby any offence or hurt is done unto Mr. Hales for his House is not thereby impayred And therefore I thinke his action will not lye Finis de cenx Arguments Resolutions of the Judges of Assises 1633. 1. Question WHether the Church-wardens and Over-seers of the poore of a Parish with assent of two Iustices of the Peace one beeing of the Quorum may by the Statute of 43. Elizabeth cap. 2. or any law enforce a Parishioner of the same Parish to take a Childe of a poore parishioner of the same parish who is not able to keepe his sayd childe to be an apprentise Resol The Statute of 43. of Elizabeth which sayth that the Church-wardens and over-seers of the parish shall put out Children to bee apprentices necessarily implyeth that such as are fit must receive Apprentices and the putting out of poore Children to be apprentices is one of the best wayes for the providing for the poore 2. Q. If they may then whether they must not give money with him and who shall determine what money shall bee given with him if the party that is to take such an apprentice and the Church-wardens and Overseers cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Church-wardens and Overseers all circumstances of age and ability beeing considered and if they cannot agree with the party then the Iustices of Peace neere adjoyning or in their default the Sessions of peace are to determine these Controversies 3. Q. Whether a Knight Gentleman Clergy-man or Yeoman or one that is Sojourner using husbandry cloathing or grasing or the like may be enforced to take such an apprentice Resol Every man who is by calling or profession or manner of living that entertaineth and must have the use of other servants of the like quality must entertaine such apprentices wherein discretion must bee given upon due consideration of circumstances 4 Q. Whether a wealthy man keeping few or no servants nor wanting a servant but living privately may be enforced to take such an apprentice if not then whether hee may bee taxed towards the putting forth of such an apprentice Resol For the receiving of such apprentices the answer may bee referred to the question next before but out of doubt every such person must contribute to the charge as to other charges for the provision for the poore 5. Qu. Whether they may enforce a parishioner that is of one parish to take such a childe apprentice that is of another parish but within the same County or division if the proper parish be not able to provide for the children of the same parish Resol The Iustices may provide Masters for them in other parishes within the same hundred if the same hundred be not able then out of that hundred in the rest of that County As for other provision for the poore which must bee at a quarter Sessions 6. Q. If such a Parishioner may be enforced to take such an apprentice and shall refuse not onely to take such an apprentice but also refuse to be bound to appeare at the next quarter Sessions or Assizes what shall be done to him Resol If any refuse let such a one bee bound over to the next Sessions or Assizes if he refuse to give such bond let him bee sent to the Gaole there to remaine until hee will give such bond 7. Q. If such a Parishioner who refuseth to take such an apprentice shall bee bound over to the Sessions for not taking such an apprentice and when hee appeareth there shall likewise refuse what shall bee done to him and what shall bee done to the Parents who refuse to suffer their Children to bee put out to bee apprentices themselves not being able to maintaine them Resol If at the Sessions or Assizes such a one refuseth to take an apprentice and his excuse be not allowed it is fit he bee bound to the good behaviour and it will be a good course to indict such a refuser for a contempt and thereupon to fine imprison him if he refuse to be bound to the good behaviour let him be imprisoned untill he will the Kings book of orders directs that such bee bound with good sureties to appeare at the Councell board if the Parents of such poore children refuse to suffer their children to be bound apprentices or being bound entice them away themselves not beeing able to maintaine them let them bee committed to the house of correction 8. Q. Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute law If the party indicted shall submit himselfe to the fine of the Court and waive the traverse Resol If the party be convicted or confesse the fault it is not in the Power of the Court to mitigate the fine in such cafes where the Statute makes it certaine but if the party indicted protesting his Innocencie yet quia noluit plitare cum domino Rege puts himselfe up into the grace of the Court the Court may impose a moderate fine and order to forbeare the prosecution 9. Qu. If any be bound to appeare at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine aforesayd upon the confession of the fact Resol This is answered before to the next precedent Article 10 Q. If a man be convicted for

themselves Resol By taxing such a one to the charge of the rates of the poore not onely having respect to his ability or the land he occupies but according to the dammage and danger he bringeth to the parish by his folly 36. Qu. For warding in the day-time for apprehending of Rogues whether the Constable may not enlarge it to a farther time Resol Warding in the day-time is of great use and must bee left to the discretion of the Constables or direction of the Iustices to vary according to the occasion 37. Qu. Whether Alehouses ought to bee allowed only in thorow-fare Townes and others in other places to bee restrained onely to sell to the poore out of doores Resol The Iustices shall doe very well to allow none but in places very fit for theyr scituation and uses and to moderate the number 38. Q. A man for his quality otherwise fit to be a Constable or of other Office of that nature procures himselfe to bee the Kings servant extraordinary and by that meanes would excuse himselfe to serve in the Country Resol A servant extraordinary may well performe his ordinary service in the Countrey according to his quality The Iustices opinion touching the Commissions by which the Iustices sit at Newgate Anciently felonies included all trespasses therefore the Iustices of Gaole delivery have power to hold plea of trespasses against them in prison or upon bayle to render themselves THE Iustices at Newgate sit by vertue of two Commissions viz. Gaole delivery and Oyer and determiner By the Commission of Gaole delivery they may try all prisoners in the Gaole or by B●yle or such as bee indicted will render themselves generally for all Felonies and also for such other offences as are particularly assigned to them by Statute The Statute of 4. Elizabeth 3. cap. 2. doth give them power to receive Indictments against Prisoners or such as are upon bayle v. 1. Mar. Dyer 99. Iustices of Gaole delivery hold pleas of all appeales of felony or murder against one in prison by their generall Com and of appeales so by the same reason to take Indictments and to proceed to try the same viz. Indictments taken before the Iustices of the peace and by equity thereof all Indictments before coroners 3. Mar. Bro. Commission omnium 24. sayth That the Commission is ad deliberand Gaol de prison in eisdem existen But they cannot take Indictments as Iustices of Gaole delivery but being Iustices of the peace they may take Indictments against prisoners but not against them that bee at large for asmuch as power is given them consequently they must have meanes to doe so which is by Indictments Id quarend Howsoever it is cleere that they may enquire of many offences and take Indictments in such cases where power by the Statute is given to the Iustices of Gaole delivery in such cases where they have authority by Law or Statute there the tytle of Indictments is that Ad gaolam deliberationem tent before the Commissioners of Gaole delivery I. S. was indicted and the record must be made up so And whereas by the Statute of 4. Eliz. 3. cap. 2. Indictments taken before Iustices of peace or Coroners or any other against any Prisoners then the entry of the Indictments is returned taken Memorand quod ad generalem Sessionem tent before A B C c. Iustices ad pacem in Com. Middlesex or London I. S. was indicted and then tryed before Iustices of Gaole delivery and by vertue of the sayd Statute Indictments taken before Iustices of the peace of London or Middlesex are tryed before the Iustices of Gaole delivery The Commissioner of Oyer and Terminer is Ad triand inquirend audiend determinand They may enquire of all offences mentioned in the Commission albeit the offendors bee at large but they cannot try Prisoners upon Indictments taken before any other then themselves as the Iustices of Gaole delivery may by the aforesayd Statute unlesse there bee a speciall Commission made as it was in the case of the Earle of Leicester 3. Mar. Bro. Com. 24. mentioned in Plow Com. for the ordinary Commission of Oyer and terminer is ad inquirend audiend determinand therefore they cannot determine of things unlesse they made enquirie first and on the other side also the Iustices of Gaole delivery may try Indictments taken before Iustices of the peace yet if one indicted before Commissioners of Oyer and Terminer the Iustices of Gaole delivery cannot try the same because the Record of the Commission of Oyer and Terminer are to bee returned in the Kings Bench 44. E. 3.31 The Commission and the Records of the proceedings before the Iustices of Gaole deliverie are to bee returned to the Custos Rotulor of the County when the same persons are Iustices of Gaole delivery and of Oyer and Terminer they may sit the same day and place and enquire by the same Iurie but the entry of the Records must be severall according as the Indictment is At the Assises in the Countrey the Iustices have their severall power as the Iustices of Gaole delivery Oyer and Terminer and Iustices of the peace But when the Records are made up they must bee according to the power they made election to proceed upon This is the regular and legall course But the Clerkes of the Assizes promiscuously make entry thereof But if a Writ of Error bee brought they must certifie according to Law or else it will bee erronious and so upon a Certiorari The Sessions of London may bee begun at the Guild-hall and then adjourned to Newgate if some Indictments bee at Guild-hall then those must bee so certified if others at Newgate then the adjournment must bee mentioned and that the Indictment was then taken Note that the tryall of Indictments taken before Iustices of the peace of London cannot bee tryed at Newgate as in nature of a tryall before Iustices of the peace at London for many of the Commissioners for Gaole delivery are not Iustices of the peace for London but in such cases the tryall must be before the Iustices of Gaole delivery as upon Indictments taken before the Iustices of the peace of London as in the case of Indictments taken before the Iustices of the peace of Middlesex But if Indictments at Newgate be originally taken before them as Iustices of Gaole delivery then it is inquirable how the Iurie sworne and impannelled to enquire at the Sessions of the peace of London or Middlesex doe serve to present Indictments before the Iustices of Gaole delivery at Newgate unlesse the custome and usage will warrant the two severall Iuries sworne at the Sessions of the peace for London or Middlesex are also by the same oath and impannelling to serve for the grand Iury for the Commission of Gaole delivery and Oyer and Terminer Vpon conference with Mr. Keeling and the Clerkes for Newgate of London and Middlesex and the Clerkes of Assizes and view of the severall Entries a more mature and certaine resolution may bee given this being in hast and without such considerations as were requisite FINIS

A Briefe DECLARATION For VVhat manner of speciall Nusance concerning private dwelling Houses a man may have his remedy Assise or other Action as the Case requires Vnfolded in the Arguments and opinions of foure famous Sages of the Common Law together with the power and extent of customes in Cities Townes and Corporations concerning the same together with the determination of the Law concerning the commodity and use of Houses and their appurtenances Whereunto is added The Iustices of Assise their Opinion concerning statute law for Parishes and the power of Iustices of Peace Churchwardens and Constables and to know what they are to doe concerning Bastards borne in their Parishes reliefe of the Poore and providing for poore Children what remedy for the same LONDON Printed for WILLIAM COOKE and are to be sold at his shop neere Furnivals-Inne gate in Holbourne 1636. The Arguments and opinions of foure famous Sages of the Common Law touching the power and extent of customes of Cities Townes Corporations and Inheritances together with the determination of the Law concerning the commodity and use of Houses with their appurtenances and wherein an action may be maintaineable concerning the same and wherein not A Man hath a house Mr. Mounsons argument and the windows thereof open into an others mans house whether hee may build a house so as to stoppe up the same lights or not concerning which I purpose to shew you my opinion and likewise to shew unto you the necessity and use of Houses The first and chiefe use of an house is to defend man from the extremity of the winde and weather And by the receit of comfortable light and wholsome ayre into the same to preserve mans body in health Therefore who so taketh from man so great a commodity as that which preserveth mans health in his castle or house doth in a manner as great wrong as if he deseised him altogether of his Free-hold As if I have a Mill and another will turne away the water running to the same I may bring an Assise against him So if I have a Pipe which conveyeth water unto my house through the ground of another man and he will cut my pipe I shall have an action against him In like manner who so stoppeth my light is the cause that no ayre can enter into my house without which no man can live and a house lacking light is rather a dungeon then a house If one who hath a horrible sicknesse be in my house and will not depart an action will lye against him and yet he taketh not any aire from me but infecteth that which I have So if one cast filth neere unto my house I may bring my action against him If a man build so high that his house droppeth on my house I shall have remedy against him And though light and ayre be common yet if by any mans owne act they may bee made private they may not then bee taken from him and if they be he shall not bee without remedy This appeareth by Hawkes and Deere which be feraenaturae yet if by mans industry they are made tame the owner will thereby gaine property in them but peradventure it will bee sayd The soyle is his owne and it is Damnum absque injuria what then Though it be his owne he must so use it that hee hurt not his Neighbour As if a man had a Pond of water and will suffer it to drowne his neighbours land he shall have remedy against him If a man be bound to repaire the bankes of the sea that it drowne not the land adjoyning and so doth not but the land is drowned an action lyeth against him You may perhaps say there is plenty of light remaining this notwithstanding our action will lye very well for the taking away or impayring part thereof As an action was brought quare arctavit and 2. H. 4. where a man had a way and another plowed the same and it was thought there that an action would very well lie and yet the way remained If I have common in your Land and you will plough part of the same Land I shall very well maintaine an action against you So it is of Common of Estovers and piscary And yet in all these cases the whole is not gone but some part remaineth This proveth that though he hath not stopped the whole light of the house yet for that he hath stopped parcell an action is very well maintainable but if you had said that on the same side there had beene plenty of light it might have better stood with reason As touching your custome whereby a man may stoppe his neighbours lights I thinke this is rather Malus usus then any custome for as I have learned of Mr. Hales a custome is thus defined Consuetudo est jus non scriptum nunquam repugnans rationi naturali and therefore if any custome swerve from reason and naturall equity it is but malus usus and for that to bee abolished for by entendment and consideration of the law and reason every custome had a reasonable beginning as that case in 35. H. 6. of selling Iewels in Cheapside may have a reasonable beginning In like manner the custome of Gavelkinde that Sonnes shall equally inherit the Lands of their Fathers Such is the custome that if a woman marrie without licence that she shall loose her dowrie So is it also of the custome that one towne may enter Common with another All these and such like may well bee thought to have a reasonable beginning Otherwise it is where by intendment their beginning cannot be thought reasonable As that a man shall pay reliefe when that hee shall marry his daughter And as the custome is in Mich. 35. H. 6. fol. 31. of the pledging of goods So it is of the custome to arrest a man before the day of payment In like sort in 2. H. 4. that the tenant shall not put his beasts into the Common before the Lord hath put in his which peradventure hee will never doe so it is 10. H. 6. If the Major of a towne will prescribe to impound all beasts which shall bee dammage fesonet in his owne pound and there to keepe them till he bee satisfied as he list or if he prescribe to use and occupie the same beasts howsoever he pleaseth In 2. R. 3. and 22. E. 4. one demanded whether it were a good custome that if the Mayor of a towne suspect a man that hee may arrest and imprison him 3. dayes this was thought no good custome but to be most abhorring and dissonant from reason And therefore forasmuch as houses bee necessary and cannot bee without light and ayre their beginning was lawfull necessary and reasonable but that a man might stoppe up his neighbours lights was never necessary neyther had lawfull or reasonable beginning neyther at any time obtained the force of a law or custome for in K. Henry the 2. his time it was but a constitution in London and