Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	authority_n	county_n	peace_n	2,755	5	6.0708	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77413	Briefe collections out of Magna Charta: or, the knowne good old lawes of England· Which sheweth; that the law is the highest inheritance the King hath; and that if his charter, grant, or pattent, be repugnant to the said lawes, and statutes, cannot be good, as is instanced in the charter of Bridewell, London, and others. By which it appeares; that the King by his charter may not alter the nature of the law, the forme of a court; nor inheritance lineally to descend; nor that any subject be protected from arrests, suites, &c.	England. Magna Carta.	1643 (1643)	Wing B4557; Thomason E38_12; Thomason E102_11; ESTC R2906	6,685	16

of the Peace But this was not by Commission or by Grant but by Act of Parliament made Anno 22. H. 8. cap. 14. Anno 22. H. 8. cap. 14. The Justices of both the Benches have used to examine the abilities and disabilites of Attourneys and by their discretions to place or remove them upon their misdemeanours without any solemnitie of triall at the Common-Pleas or Law And that is and have been done by the Treasurer and Barons of the Exchequer touching their Attourneys But if you search the cause thereof you shall finde the cause to be done by the authoritie of Parliament An. 4 H. 4. cap. 1. Anno 4 H. 4. cap. 1. And whereas sundry men are arrested by Latitat Capias Attachments and such like Processe whereof their corporall presence is required yet upon infirmities and other maladies the Justices having examined the matter may by their discretions admit them to make Attourneyes But note you in this case Anno 7. H. 4. cap. 13. that all this is done by authority of Parliament An. 7. H. 4. cap. 13. The Commission of Bankrupts gives power to their Commissioners to take order by their discretions both with the body and goods of the Bankrupt and set the Bankrupt out of his house and him to imprison and all this is referred to the discretion of the Commissioners But this is by authority of Parliament Anno 13. Eliz. cap. 7. An. 13. Eliz. cap. 7. The punishment and examination of such as countefeit Letters of privie tokens is referred to the discretion of the Justices of peace in every Countie But this is by Parliament Anno 33. Anno 33. H. 8. cap. 1. H. 8. cap. 1. The examination of Riots Routs and such like misdemeanours in the Star-chamber is referred to the discretion of the Iudges of the Court Anno 3. H. 7 cap. 1. Anno 2. H. 8. cap. 20. But this is by Parliament An. 3. H. 7. cap. 1. An. 2. H. 8. cap. 20. The examination of vnlawfull hunting in Parks warrens c. is referred to the discretion of the Iustices of the Peace And if the Offender deny his hunting then it is felony This is also by Parliament Anno 1. H. 7. cap. 7. Anno 1. H. 7. cap. 7. The Rate Taxation and punishment of servants labourers c. of their wages is referred to the discretion of the Iustices of Peace in every County and Citie but this is by Parliament Anno 5. Eliz. cap. 4. Anno 5. Eliz. cap. 4. The examination of Rogues and Vagabonds with the forme of their punishment is referred to the lustices but by Parliament The determination of all causes in Wales is referred to bee ended by the Kings Councell there established by their Wisdomes and discretions but yet this is by Parliament The Grant of the Pluralities Tot quots Qualifications Dispensations Licences an Tollerations is referred to the discretion of the Arch-Bishop of Canterbury but this is by Parliament The dealings and examinations of High Commissioners are authorized altogether by Parliament And to be short you shall find in the great volume of the Statutes neere the number of fortie Acts of Parliament that doe refer the examination and punishment of Offenders to the wisdome and discretion of the Iustices Whereupon I doe note Nota. That if the King by Prerogative might have done all things by Commission or by Charter That it had been in vaine to have made so many Lawes in Parliament for the same And to make the Law more manifest in this question In ann 42. Ed. 3. lib. Assiz 11.5 Ann. 42. E. 3. lib. Assiz 11.5 A Commission was sent out of the Chancerie to one I. S. and others to arrest the body and goods of A. B. and him to imprison and the Iustices gave judgement that this Commission was directly against the Law to take any ones body without Indictment and therefore they took the Commission from the Commissioners Nota. to the intent to deliver the same to the Kings Councell Anno 24. E. 3. Quod nota And I doe also find in the 24. yeere of King E. 3. this president That a Commission was granted to certaine persons to indict all those who were notoriously slandered for any felonies trespasses or for any other misdemeanors yea although they were indicted for the same And it was adjudged that this Commission was directly against the Law And thus I doe conclude upon the whole matter That the Commission of Bridewell would bee well considered of by the learned Councell of the citie For I do not think to the contrary but that there bee learned that by their great knowledge in the Law are well able either in a Quo warranto or any other action brought to defend the same FINIS

the wife shall not be endowed of her husbands lands nor that Inheritance shall lineally descend nor that any Subject shall be under protection from arrests suits and such like c. Yet doe not wee see daily in experience That whatsoever can be procured under the Great Seale of England is taken Quasi sanctim And although it be meerly against the Laws Customes and Statutes of this Realme yet it is defended in such sort that some have been called rebellious for not allowing such voyd and unlawfull grants And an infinite number of such like presidents I could set downe to maintaine the aforesaid argument but these few examples shall serve for this time The authority of the Governours of Bridewell But now we have to see if the said Charter granted to the Citie concerning the authoritie of the Governours of Bridewell stand with the Lawes Customes and Statutes of this Realme or not The effect of which Charter in one place is That the Governours have authority to search enquire and seek out idle Ruffians Tavernehunters Vagabonds Beggars and all persons of evill name and fame whatsoever they bee men or women and then to send and commit to Bridewell or by any other wayes or meanes to punish or correct them as shall seeme good to their discretions Here you see what the words of the said Charter are Now are wee to consider what the words of the Law be See Magna Charta of the Liberties of England cap. 29. Magna Charta cap. 29. 29. No Freeman shall be taken or Imprisoned or be Disseised of his Freehold or Liberties or free customes or to be outlawed or exiled or any other wayes destroyed Nor wee shall not passe upon him nor condemne him but by lawfull Judgement of men of his degree or by the Law of the land Now if we doe compare the said Charter of Bridewell with the great Charter of England both in matter sense and meaning you shall finde them meerely repugnant In the said great Charter of England in the last Chapter amongst other things the King granteth for him and his heires That neither he nor his heires shall procure or do any thing whereby the Liberties in the said Charter contained shall be infringed or broken And if any thing be procured or done by any person contrary to the premisses it shall be had of no force or effect Here must you note also That the said great Charter of England is not onely confirmed by the Statute of Marlebridge cap. 5. Stat. of Malb cap. 3. but also by many other Statutes made in the time of King Edw. King Ed. 3. R. 2. H. 4. H. 5. H. 6. Anno 43. E. 3. cap. 1. 3. King R. 2. Hen. 4. Hen. 5. and Hen. 6. Amongst sundry of which Confirmations I do note one above the rest The which is An. 43. Edw. 3. cap. 1. The words are these viz. It is assented and accorded That the great Charter of England and the Charter of the Forrests shall be kept in all points and if any Statute be made to the contrary they shall bee holden for none Hitherto you see it very plainly That procurement nor Act done either by the King or any other person or any Act of Parliament or other thing may in any wayes alter or change any one point contained in the said great Charter of England But if you will note the words sence matter and meaning of the said Charter of Bridewell you shall finde it all meerly repugnant to the said great Charter of England I doe note one speciall Statute made in the said 43. yeere of King Ed. 3. the which if it be well compared to the said Charter of Bridewell it will make an end of this contention The words are these viz. Item at the request of the Commons by the Petition put forth in this Parliament to eschew the mischiefes and damages done to divers of the Commons by false Accusers which oftentimes have made their Accusements more for vengeance and singular profit then for the profit of the King and his people of which accused persons some have been taken and caused to come c. against the Law It is assented and accorded for the Government of the Commons That no man be put to answer without presentment before the Justices of the King upon Record by due processe As by Writ originall according to the old Law of the land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour As I said before so say I still If this Stature be in force as I am sure it is then is the Law cleare That the proceedings in Bridewell upon the accusation of Whoors taken by the Governours of Bridewell aforesaid are not sufficient to call any man to answer by any Warrant by them made without Indictment or other matter of Record according to the old Law of the land Such like Commissions as this of Bridewell is were granted in the time of King Ed. 3. by especiall procurement to enquire of speciall Articles the which Commissioners did make their Inquiries in secret places c. It was therefore enacted Anno 42. Ed. 3. Anno 42. E. 3. cap. 4. That from henceforth in all Inquiries within the Realme Commissions should bee made to some Justices of one Bench or other or Justices of Assize or Justices of the Peace with other of the most worthy of the Countie c. By this Statute we may learne that Commissioners of Inquiries ought to sit in open Courts and not in any close or secret place and that their Inquirie ought to be by Juries and by no discussion or examination If you looke upon the Statute of Anno H. Anno 1. H. 8. cap. 8. 8. cap. 8. you shall there perceive the very cause why Empson Sheffeild and others were quite overthrown the which was as by the Indictments especially appeareth for executing Commissions against due course of the Common Law and in that they did not proceed in Justice according to the Liberties of the great Charter of England and of other Laws and Statutes provided for the due executing of Justice There was a Commission granted forth in the beginning of the Raigne of Queene Elizabeth of happie memory unto Sir Ambrose Cave Sir Richard Sackvile and others for the examination of Felons and of other lewd persons It so fell out that many men of good calling were impeached by the accusation of Felons Some great men and Judges also entred into the validity of the Commission And it was thought that the Commission was against the Law and therefore did the Commissioners give over the Commission as all men know And whereas the Examination is by the Commission referred to the wisedome and discretion of the Governours of Bridewell As touching this point I find that the examination of robberies done by Sanctuarie men was appointed to the discretion of the Councell or to four Justices