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
A47058	The crie of blood, or, A confutation of those thirteene reasons of the felicers at Westminster for the maintenance of their illegall capias for debt by which is discovered the great benefit and freedome that will accrew to the people of the common wealth by the reformation of that destructive law / by Joht [sic] Jones of Neyath in Com. Brecon, gent.	Jones, John.	1653 (1653)	Wing J964B; ESTC R33617	21,569	96

say and resolv to pay all viz. repent and have like compassion upon their brethren as they expect from him will deliver them to the Officer as saith Matthew the 5. Tormentor as saith Matthew 18. viz. the Devil again who supplieth all such offices and delivereth all that are delivered to him to Hell whence is no Redemption till the uttermost farthing bee paid which is never to be don after the oil is out of the lamp and the dore shut Where contrariwise the Law of the Jews which Christ saith hee came not to destroie Mat. 5.17 and neither did nor would alter as appeareth Mat. 18.25 did not imprison monie debtors at all but sell them and their wives and children and all they had to their creditors that were bound by the same law to keep and finde them in their houses and imploiments not in prisons and dungeons without and from all imploiment but wickedness as our Gaolers do us nor as these men impiouslie allege and belie the Holie Ghost saying That their creditors might take their debtor's cloaths and bed-cloaths from them where the Text they cite Lev. 25.39 saith they must use them as brethren hired servants and sojorners which we finde all the Old Testament over had the trust and charge not onlie of their Master's estates but of their children and their wives and wanted nothing sutable not onlie to their own necessities but also to their master's credits and imployments And debtors were to be kept so by vertue of their sale but till the year of Jubilee which when it fell within seven years in the time of Moses restored them to their libertie for without it the seventh year they were to be restored as appeareth Deut. 15.1 c. And in Jeremie's time at the fixth years end Jer. 34.14 Now doth the Capias Arrests and Imprisonments used by these men hold anie analogie with the mercie justice susten stentation freedom and hope of libertie in few years which the Jewish law afforded to those debtors they sold to their Creditors Compare and finde as followeth There the debtors had the mercie to be no Prisoners at all but as hired servants and sojorners The Justice to bee no bondmen which masters might use at their pleasures The sustentation to have food and raiment enough and compotent to their conditions and their masters callings The freedom to live and love husbands wives and children all together to pray feed sheep and work comfortablie together in their masters houses fields vine yards c. with no less good instruction and recreätion to themselves then profit and pleasure their masters and hope of full libertie to make use of those good instruments for their own best advange at six years end if a Jubilee freed them no sooner Contrariewise here the poorest debtor hath the cruellest imprisonment that is the rule of these men's mercie The greatest cheater hath the greatest favor that is their Justice The sustentation wee would buy for our selvs at the best hand while our monie last's our Goalers take or keep from us to force us to buy half so much and nothing so good of them while wee have a pennie left and after to starve when others for our Custom would prolong our lives with trust for a time they will trust no poor man for a farthing nor rich but to fetch his monie Our Freedom is not to the next Ward nor in our own to enjoy wives or children longer then they bring fees to the Gaoler that when we have sold our cloaths and bed-cloaths to feed our bloud-suckers our common bed is the bare ground till wee famish here and our wives and children in the streets and ditches do the like hope of libertie wee have none but by such deaths for our livelihoods are too little to pay our Fees from the dayes of our Arrests to our Funeral if anie attein to libertie by some casualtie hee is the wors while hee liveth for his Gaol education Our Law is derived from the Romanes who as these men say condemned not the Law of the Jewes concerning Creditors and Debtors wee wish ours were as merciful and so it was before and since Magna Charta when it medled not with men's bodies that had not wherewith to pay their debts but relieved and imploied them according to their endeavors forgiving their debts and believing that of our Savior if you forgive not men's trespasses neither will my Father forgive yours Mat. 7.12 But these men that dare abuse the everlasting Word of the everliving God and the fundamental Laws of this Land grounded thereupon to mis-inform a Parlament to their own ends notwithstanding they know wee have abundance of sound Divines to expound Scriptures and some honest Lawyers though no professors to explain Lawes What shall wee think of these men's sinceritie to be trusted with the making up and keeping of Records concerning the whole estates of the Common-wealth but submit● the consideration thereof to all interested therein Their 9. Reason pursueth the former in its Coin for most untrue it is That men alwaies begin suits meaning by way of Capias and Arrest upon necessities of injustice that is to say when no other trick will serv to bar men of their libertie to prosecute just suits for loss of lives or estates of most concernment or for Treasons felonies or trespasses most notorious committed by night and defended by injustice what is more common then to arrest the prosecutors for supposed debts of thousands of pounds more then they are able to find bail for until Trials and Judgments bee carried against them in the causes they should follow by the same hands of Power and Justice that they should prosecute but cannot being so prevented And how manie are now imprisoned for supposed debts which they never ought or if they did have paid or which were not due at the time of the Arrest c. And what necessitie of Justice was to begin such suits And what murther more wilful more manifest and more cruel then to imprison men so till they die And where they say that most commonlie debtors have notice before any suit be commenced why then do they debar summons which is the right process of notice How come Justices of Peace and Grand Jurie men that alwaies attend Assizes and and Sessions to be arrested by bills of middle Latitats and Outlawries before they can hear of anie suits against them which case is common And for their alleging of manie Statutes or Parlaments that approved of their Capias let them name one more then that of 25 Edw. 3.17 which gave it and was repealed 28 Edw. 3.3 and 42 Edw. 3. as aforesaid What Statute or Parlament ever since revived it in express terms It is true That of 19 Hen. 7.9 ordeineth process upon Actions of trespass upon the case to bee no more delatorie then that practised for debt And wee grant that actions upon the Case being mixt actions ever ought to have been by

persons whatsoëver against them or any of them or by any of them against any of their Creditors throughout England and Wales according to the antient Laws and Customs of England confirmed by the great Charter and Petition of Right to endure for three years from the date thereof allowing everie such Commissioner 300 l per annum above his necessarie expences for his salarie in consideration of his pains and loss in his time and private affairs and such fees and allowances to their Clerks Messengers and other necessarie Ministers as any three of them shall think fit not exceeding the presidents of other Courts in like cases to bee deducted out of such fines amerciaments issues profits and perquisits as shall grow due to the Common-wealth by their service as other Courts use to do and the rest to bee accompted for to such other publick uses as the Hous shall appoint Which beeing don by your means the Land shall bee purged of much iniquitie the Lord's wrath for the same much appeased your Excellencie and your Armie gain much happiness love and honor divine and humane temporal and eternal the Common-wealth regain a Million of monie picked out of their purses by Extorters Usurers and common Deceivers and your Petitioners bee at libertie to fight for their Countrie and safegard of those lives of their own with courage and comfort which as yet they have no hope but to lose with care and sorrow And they and theirs as in dutie bound shall ever praie c. A Case concerning a matter of Justice TO the premises I must add another Case of no less perspicuitie and manifestation of our Lawyer 's actions then the former briefly thus A Gentleman of Drurie-lane ever faithful to the Parlament's service and an adventurer of his life and fortunes therein imparted for their use and the Common-wealths 3600 l readie monie upon condition to bee repaied with lawful consideration in convenient time to supply his own occasions much subject to oppressions and injuries offered unto him by Lawyers and their Clients in which respect it pleased the Parlament to take him into their protection which hee conceiveth Lawyers sitting Members in the Hous advised or consented to bee don and granted as a lawful and just thing or had it been otherwise would have advised the contrarie and never consented to the same Now the Gentleman having received none of his monie nor any consideration for any part thereof is forced to borrow monie upon hard terms of Use and other Engagements to buie his Leases late held of the Bishoprick of Elie to prevent others to deprive him thereof beeing his main subsistance can have no benefit of his protection from any of them that granted it or of those Courts wherein they are imploied and eminently autorised and the Gentleman and his Estate daily and unduly questioned yet desireth hee no more then his own to defend himself from injustice or to bee protected therefrom until hee hath his own and justice with it or for it or that hee may bee satisfied how necessarie it is or can bee to this Parlament and Common-wealth or either to have these men these Counsellors these Advisers or rather Devisers of frauds and subtleties to delude Truth and Justice that will counsel advise devise or consent things to bee granted which they will not justifie to bee performed by themselvs except that as in cases of common concernment wherein the partie most suffering ought to have negation from all Stratagemes are tolerable in war continued or tolerated in place or power to mis-guide Parlaments as their predecessors have don Kings in times of peace or to bee sole Judges or Interpreters of their own inventions no less dangerous to this Republick and their Estates then the Exposition of Papistical Impostures while it was left to the autors was to our predecessors and their souls All which is humbly submitted to your Honor 's further consideration with the rest as aforesaid by the same Your Honor 's faithful servant and observant Jo. Jones A Case concerning Tythes FOR the further manifestation of the lawless Imposture and usurpation of Jurisdiction Arbitrarie proceeding and destruction of Proprietie exercised daily and generally by Judges and no Judges at Westminster and in their Circuits to the deheredetation of many and hazard of all may summarily appear in that one Case lately adjudged by no Judges legally authorised thereunto between Sir Matth. Lister Knight Plaintiff and Lionel Gelson Defendant published in print partly by Petition partly otherwise by the modest and discreet wife and fellow-sufferer of the Defendant in the Caus of Ann Gelson the brief whereof is this the Plaintiff beeing possessed of the Tythes of a Rectorie called Burwel in the Countie of Lincoln an Impropriation somtimes parcel of the dissolved College of Totterial in the said Countie by virtue of a Conveiance derived from a Grant of King H 8. in which it is mentioned that the said King gave that Rectorie cùm pertinentiis inter alia to the then Duke of Suffolk and his heirs And becaus it is there further mentioned that the said King gave also to the said Duke the Presentation of the Rectorie of Walmsgate which is a Parish of it self in another Decenarie and Wapentack of the said Countie distinct from though neighboring to that of Burwel and founded by the Lord of the Manor of Walmsgate who then was as yet the Defendant who claimeth from him is Lord of all that Parish in Fee-simple and gave the Tithe thereof as well his own as his Tenants at will to the Rector for the time beeing and his successors for ever reserving to himself and his heirs for ever the Patronage and Presentation so that when there hapned a neglect of Presentation in him or in his heirs the right thereof fell by laps to the Bishop of Lincoln and upon his neglect to the King which beeing so then in King H. 8. hee might grant for that time to the said Duke But saving for that time or the like relaps the inheritance descended to the Defendant Now this Inheritance from the Defendant and Tithes from the Incumbent and his Farmor are adjudged to the Plaintiff by Judges and Jurors according to the cours of Common Law as they pretend whereas by the Statute 2 Ed. 6.13 and many presidents no right of Tithes ought to bee tried but by Ecclesiastical Judges and Courts according to Ecclesiastical Laws which though now abolished the said Statutes beeing not repealed the Judicature is obeied and yet undisposed of by the Parlament which onely can dispose thereof But in the interim such Judges and Jurors as assume jurisdiction to trie the rights of Tythes by Common Law are no Judges but offendors in Premunire such trials no trials but arbitrarie and lawless Disseisins and destructions of men's properties and consequently if not timely remedied of the common libertie rights and birth-rights of all the Commonaltie of England And the Defendant can but fear to bee deprived by the same cours of his whole Manor and subsistence as well as hee is of part FINIS