Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	case_n	peace_n	session_n	2,679	5	10.2445	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09900	The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell.	Powell, Thomas, 1572?-1635?	1623 (1623)	STC 20163.5; ESTC S124370	102,508	306

is a generall Rule that hee should be allowed according to the rate thereof in poundage See the Statute of Eliz.   l. s. d. For the Returning of a Mandaui balli●…o 0 0 4 But vnlesse I had beene thrice an Vnder-Sheriffe it were impossible for me to set downe all his Fees plainely and honestly Therefore I leaue the rest to offer themselues vnto you wishing it to be euer in meliorem partem and for your benefit and credit FEES BELONGING TO THE CLERKE of the PEACE and his Office now follow FIrst it is to be vnderstood that heretofore the Clerke of the Peace being onely Clerke vnder and vnto the Custos Rotulorum of the County was wont to haue wages yeerely of the said Custos for his seruice The Clerke of the Peace is to make out all the Writs of warning of all such persons as are to giue attendance at the Sessions of the Peace to be kept at such place as the Iustices doe appoint and agree vpon And at the place and time appointed for the Sessions The Clerke doth first reade the Commission of the Iustices And then the Sheriffe of the Shire doth returne foure and twenty of euery hundred in the County of which there is one Grand Iury for the body of the Shire drawne forth and this is called the great Enquest And when the great Enquest is sworne One of the Iustices giueth the charge vnto them wherevpon they shall enquire After the charge giuen and ended They doe depart from the Barre to some roome in some house neere thereabouts where they may bee conueniently together And to them then and there are brought all Bills of Felony Trepasse Ryots or other misdemeanours offences giuen them in charge to enquire of And if the great Enquest finde any of the said Bils or presentments to bee true And the parties themselues who are therein found faulty or guilty be absent so that they cannot be quitted or punished for the present Then in such case The Clerke of the Peace is to make forth against them three Capias's●… and an Exigent to come in to trauerse the presentment or to subiect themselues to the Censure and Doome of the Court c. When the great Enquest finde the Bill true they write on the Back-side thereof Billa vera But in case they can not finde it true for want of sufficient Euidence Then they write on the back-side thereof Ignoramus If it bee found then the Clerke is to make forth Processe as aforesaid but if the Iury finde it not then farther proceeding is not to be had therevpon If the partie so indicted be present if it bee in case of Felony c. hee may bee forthwith arraigned before the said Iustices who are to proceed vpon him farther as the Law in such case prouideth If he be not present nor Attached but at libertie till hee be vtlawed Then after such Vtlary euery Accessarie to the fellony may bee arraigned and tryed but not before For other offences of inferiour nature the partie indicted is to come in to make his Fine at the discretion of the Iustices or two of them at the least whereof one must bee of the Quorum vnlesse that before that time the partie can get the Indictment to be remooued by Certiorare into the Kings Bench. And if it bee so Remoued thither Then the party must either there trauerse it c●…m effectu or else compound with the Iustices of the said Court for the same   l. s. d. The Fees which euery person so indicted is to pay at the Sessions 0 2 6 Whereof to the Cryer and Marshall 0 0 6 And to the Clerke of the Peace 0 2 0 l. s. d. And in case where a forcibly Entry or forcible holding is found before the Iustices or some of them The Clerke of the Peace is to make a Writ of Restitution directed to the Sheriffe to put the partie amoued into the possession For which his Fee is 0 6 8   l. s. d. Item for euery Warrant of the Peace 0 2 0 Item for euery Superfedeas 0 2 0 Item for euery Warrant of good Abearing 0 2 0 Item of euery person indicted of Felony and thereof acquitted 0 2 0 Item for euery person acquitted vpon other Bils 0 2 0 Item vpon Remouing of euery Indictment by Certiorare into the Kings Bench For the allowance of the said Writ 0 6 8 Item for euery Writ at the suite of the partie vpon a Trauerse tendered 0 2 0 Some other few Fees there bee vpon matter within the compasse of the Commission of the Peace which time may enable me to adde But for the other Fees which the Clerke of the Peace doth take in ciuill matters as for Licences of Malstors Hyglers c. because hee is onely Clericus Clerici Rotulorum pacis I vnderst and not how he claimes those Fees in ciuill causes And for the Licence and Bond of Victualers giuen vpon Licence The Fees are vncertaine For in some Counties the whole charges stands the Victualler in 6. s. in some 7. s. and in some 8. s. Vijs modis per annum yeerely And the Victualler Licensed de nouo in some places payes more then the older Victualler Fee vncertaine Note withall neuerthelesse that the Victualler is the best Candle-rent Tenant that the Clerke of the Peace hath And therefore I dare trust them together for I know not where I can better leaue him The Clerke of the Assize holds the next place for taking of Fees viz. CLERKE OF THE ASSISES FEES viz.   l. s. d. INprimis pro Quaerela 0 2 0 Item pro pl●…in Barr. seu in Assiss 0 2 0 Item pro capiend Assiss super exit ex vtraque parte 0 2 0 Item pro intratione inde in Assiss 0 2 0 Item pro intratione Non pros pro Querente 0 2 0 Item pro quolibet bre secundum longitudinem eiusdem secundum longitud Item pro quolibet Adior in com Barre prout concordare potestis As ye can agree Item pro quolibet Adior ex vtraque parte si dies dat sit vtrique parti 0 2 0 Item pro quolibat Warrant Attornat 0 0 8 Item Quer. in qualibet Assiss de Seisin capt tertia pars ex tertia parte damnorum Ratabiliter       Feod de Record de Nisi prius 0 0 6 Item pro deliberatione eiusdem in Curia 0 5 0 Item de Quer. si Def. cognouerit actionem 0 2 0 Item de Def. si Quer. non vult prosequi 0 2 0 Item pro qualibet priuat Verdict 0 8 8 Vnde Iustic 0 6 8 Item de Def. pro indorss cuiuslibet Record Informac vbi plit 0 4 4 Item pro quolibet Warrant Attor 0 0 8 And thus farre my present Collations extend for the present touching our Clerks of the Assizes their Fees The Charge of prouing a Will followeth THE CHARGE OF PROOVING OF A WILL in the Arches the Inuentorie being forty pounds and

your Counsaile at Law in such cases should be qualified fol. 60. Two kinde of Ordinances very pressiue to the Commonaltie of Corporations fol. 60. How to procure an Order or Warrant from the Lord Keeper to the Lords chiefe Iustices to passe your Ordinances in Paper and to prepare the same for allowance and confirmation fol. 61. 62. How thereupon the Lords chiefe Iustices doe peruse and make them fit returne them And how therevpon they bee engrossed signed and sealed by all three parties or the Lord Treasurer in supplement of any one of them fol. 62. 63. How requisite it were that all Ordinances were enrolled or registred on Record fol. 63. 64. How to sue a Recognizance taken in this Court fol. 64. How farre you may proceed in the Petty bagge of the Chancerie herein and when you are to transmit the proceeding to the Kings Bench or Common pleas to bee tryed there by Iury. fol. 65. How to sue a Statute Staple that is forfeited here fol. 66. How to enquire apprehend and extend the Body Lands and Goods of the party forfeiting his Statute fol. eod How long the Sheriffe may keepe the Lands or goods extended fol. eod From whence you are to haue your deliberate fol. 66. 67. What care you are to haue that there be sufficient extended before the deliberate bee sued out fol. 67. When you are to deliuer vp your Statu●…e and to whom fol. eod How to sue forth a Writ of Supplicauit to the most preiudice of your Aduersarie fol. 68. How you are to sue out and manage your Certiorare fol. eod 69. How to sue forth a Supersedeas vpon the foresaid Supplicauit and how to preuent the Arrest vpon the same fol. 69. The Chancerie side better then the Kings Bench side for the Supersedeas fol. 70. The helpe of the Officer in this case fol. 70. The Reasons why you should rather choose the Chancerie then the Kings Bench for your Supersedeas fol. 71. The Chancerie side the more potent in this kinde fol. eod How large you may haue your Writ of Supersedeas fol. 72. The large extension of this Court fol. eod What businesses doe belong to the Petty-bagge fol eod What doth belong to the Cursitors fol. eod The Cursitors incorporated and seuerally appropriated to their seuerall and peculiar Shires fol. 73. What seuerall Writs the Cursitor makes for remouing of causes out of seuerall Courts fol. eod How a Certiorare to remoue a cause out of a Towne Corporate And a Procedendo presently therevpon may bee made forth of course fol. 73. 74. How the second Procedendo must bee granted vpon a Bill fol. 74. How Bond must be giuen to proue the Contents of the Bill vpon grant of the speciall Certiorare fol. eod What time the Complainant hath to proue the Contents of his Bill fol. eod The Fees of Proceeding in this Court of Chancerie The Processe drawing of Pleadings and other proceedings particularly set downe from fol. 75. to fol. 81. erronicè 99. The Fees of all originall Writs sealed in Chancerie fol. 81. erronicè 99. For euery Writ particularly From fol. 81. or 99. to fol. 85. erronicè 103. The Authors excuse for omitting the Records of the Rolles c. fol. 85. 86. THE COVRT OF REQVESTS OR White-Hall at Westminster HOw the practice of proceeding in this Court is like to that of the Chancerie and the Fees in most things fol. 87. Their difference in the Leading Writ fol. eod How they vse to Summon neere hand and in London and Westminster fol. 88. erronicè 106. The Fees of Summoning by the Messenger and also by the Writ of Priuy Seale fol. eod THE COVRT OF THE PROVINCIALL COVNSAILE OF THE MARCHES of WALES HOw the proceeding is generally like to that of the Chancerie and the Fees in most things fol. 89. The difference in their Leading Processe fol. eod THE COVRT OF THE PROVINCIALL COVNSAILE AT YORKE THeir Coherence with the Chancerie in proceeding and Fees vt supra in Wales fol. 90. erronicè 108. How you may know the powers and priuiledges of the two Prouinciall Counsailes fol. eod The difference betweene this Court and the Chancerie in Leading Processe fol. eod A cause why those of the said two Iurisdictions Prouinciall doe dissert their owne Courts and come to Westminster fol eod How the Courts of the County Pallatine of Chester The Pallatine of Lancaster The Pallatine of Duresme The Chancerie of London and the Exchequer Chamber Westminst doe all imitate the practice and Fees of the great Chancerie with some little difference fol. 91. erronicè 109. The Worthinesse of our Chancerie Clerke fol. eod The Authors excuse for giuing to the Court of Common-pleas the Leading Fyle before the Kings Bench. fol. 92. THE COMMON-PLEAS TABLETVRE OF CONTENTS INstruction first to vnderstand the Nature of your Action fol. 93. erronicè 39. Caution to make your Bond and Originall to agree fol. eod How you shall make them to agree in case of a Bond. fol. eod How to Stile the Defendant in Action of Trespasse or the Case fol. eod Who is to make your Originall Writ and to get it sealed fol. 94. erronicè 112 In what case you may your selfe returne your said Originall Writ fol. eod In what case you must deliuer it to the Sheriffe to returne fol. eod Where after the returne made that the Defendant is sufficient the Plaintiffe may looke for the appearance fol. eod What is to bee done on the Plaintiffes partie touching Declaration when the Defendant hath appeared with other obseruations then required on the Plaintiffes party fol. eod How the Bond is to be shewed with the Declaration and the reasons thereof fol. 95. erronicè 113. How like course for shewing of your Euidence is to be held in Action of Debt due by Indenture or Testament or Letters of Administration fol. eod How the Originall and Indenture in such case must agree in the alias Dict. also fol. eod Costs and Dismission may be had against the Plaintiffe for not declaring in time fol. eod How the Defendant may afterwards discontinue the Plaintiffes Action for not replying at a day fol eod 96. What the Plaintiffes Attourney may doe where the Defendant being returned sufficient doth not appeare fol. 96. How the Plaintiffes Attourney may haue a Day and then a Distresse and Distresse after Distresse till the Defendant appeareth fol. eod What course the Plaintiffes Attourney may take in case the Sheriffe doe returne to small issues fol. eod How the Plaintiffes Attourney must returne the Writ where the Defendant hath no Freehold within the County in Debt and Trespasse c. fol. 96. 97. The difference of the Returne betweene those Actions and an Action of Trans super Casum vpon the case fol. 97. The Returne of the Ordinarie Processe of Capias to the Exigent fol. eod What space must bee betweene the Teste and the Returne of an originall Writ fol. eod And what space betweene the Teste