Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54692	The reforming registry, or, A representation of the very many mischiefs and inconveniences which will unavoidably happen by the needless, chargeable, and destructive way of registries proposed to be erected in every county of England and Wales, for the recording of all deeds, evidences, bonds, bills, and other incumbrances : written in the year 1656 when Oliver and the Levelling-party made it their design to ruine monarchy ... / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1662 (1662)	Wing P2014; ESTC R14829	37,868	105

forbid or take away the use and force of Fines and Recoveries Leases with Releases and Feoffments with Livery and Seisin which in the extent and validity thereof are far better Assurances but onely ordain That all Deeds whereby Estates of Inheritances or Freehold should pass or or be altered or changed from one to another by way of Bargain and Sale should not be good unless they should be Indented and Inrolled as that Act appointed and restraining onely the execution and effect thereof to the Inrolment within the time prefixed did leave the people to Inrol them where it might seem best or their own conveniences perswade them Wherefore an Inforced Registry or Inrolment of all such Deeds in the proper Counties if it should keep within the bounds of that Act and onely injoyn Inrolments of Deeds by Indenture where Estates of Freehold and Inheritance are to pass by way of Bargain and Sale will unavoidably produce many Inconveniences CHAP. II. The inconveniencies of an inforced Registry of such Deeds in the proper Counties THey will be illiterately carelesly and ill-favoredly Registred and kept in the proper Counties if either the pay or number of them shall not come up to the care and time are to be bestowed upon them or receive no other or greater Fees then are allowed by that Statute for Inrollments As it hath demonstrably already hapned in the taking and inrolling of Statutes Merchant by the Majors of the Staple in all Cities Burroughs and good Towns and their Officers thereunto appointed by vertue of the Statutes or Acts of Parliament of Acton Burnel in 11 E. 1. and the Statute de Mercatoribus in 13 E. 1. which have since the erecting of the Statute Office at London by the Statute of 23 H. 8. 6. to attend the Lord Cheif Justices of the Court of Upper Bench or Common Pleas and in their absence the Major of the Staple at Westminster and Recorder of London For acknowledging of Statutes for Debts have been so much disused and the course of Statutes Merchant which are yet in force for Merchandise so neglected as there are above a hundred such Statutes entred to or for every one Statute Merchant And whereas the Clerk of the Statutes who was by that Act of Parliament ordered to reside at London doth fairly and orderly enter and keep his Books and Records and after certain years lodg and lay them up for safety in the Tower of London It will upon search and inquiry appear that notwithstanding every Statute whether for Merchandise or otherwise is to be duly Inrolled by the Clerks or Officers upon pain of forfeiting of Twenty pounds for every Statute not entred or Inrolled there can be found very few of the Rolls or Books of the Statutes Merchant since 23 H. 8. and none at all of those that were taken and Inrolled in Two hundred years before The difference betwixt the now Statute Office which is inperpetual succession to such a capital City and superior Courts as the City of London and the Courts of Upper Bench and Common Pleas and annexed as it were unto them and the Town Clerks or Majors or Constables of the Staple in the other Cities and Corporations which do so often change and are by election as they become little more then as private persons giving us the reason why those Writings or Records in their custody coming afterwards through so many changes to so many several hands as they do can no way as it seems escape imbezelling We may well enough believe that the same fate may attend these Country Registers if they shall not be made to be as a Court of Record and in perpetual Succession and if they shall be made to be as so many Judicatures and Courts of Record will be the cause of more inconveniences to the people then the loss and imbezeling of their Records or Inrollments can come unto The City of London which did use to Inroll such Deeds in the Hustings and divers other Cities Boroughs and Towns Corporate who did use to do the like and had therefore their Rights expresly saved by the Proviso of that Act of Anno 27 Henry the Eight for Inrollments and that it should not extend to any Manors Lands Tenements or Hereditaments within the said Cities Boroughs or Towns Corporate for that they did anciently and before the making of that Act use to Inroll such Deeds will by these new Registries without any forfeiture or cause given to loose them be deprived of those their very ancient Rights and Liberties Such a constrained way of Registring of Deeds of Bargain and Sale which concern onely Estates of Freehold and Inheritance will be very inconvenient to Purchasors who most commonly do reside at or near London or Trade or come thither where the richest and most moneyed men and Purchasors amongst the people are to be found and whose Inhabitants or near dwellers do amount to almost the one half of the Commonwealth and added to such as upon Merchandise or other occasions do come thither and pass to and fro from Ireland Scotland and other Foreign parts will make up in number as many as the whole people of the Nation and be not a little prejudicial to such also as live in the Countreys more remote who for any thing of value do usually either come themselves on purpose to London or employ their Attorneys or Lawyers to procure their Conveyances to be there made where the best of Lawyers and most variety are most easily to be found and advised withal in the Term times to travel or send to those several Counties where the Lands do lie to have their Deeds Inrolled or for such as dwell and purchase in remote Counties either to content themselves at home with such Counsel o● Lawyers which the Country affords and adventure their Estates and Security upon it or go on purpose or send to London to have their Conveyances made and when they are brought home send to the Shire-Town to finde the Register or some before whom to acknowledge the Deed which may happen to be many miles distant from him and for them that buy in London to be at the charge to carry those that do sell and live as far as Yorkshire or other remote places or make their bargain in London for Lands lying in Wales or the West part of England into that Country where the Lands do lie And send or travel to Inroll a Deed for every parcel of Land in its several County the Lands therein sometimes extending into three or four Counties and many times into more then one when as now one uninconvenient charge to Inroll it at London will serve for Lands in all the Counties mentioned in the same Deed. Or upon any Suit or occasion at London or Westminster Hall where all the Suits and Actions of concernment are amongst many other businesses most commonly and commodiously dispatched at one and the same time by the Nobility Gentry Merchants Tradesmen

Inrolments of Deeds or Records thereof lying in so many dispersed and unsafe places should happen to be lost and subject them and their Estates to all manner of Claims and Controversies which they would otherwise have been freed of if they had been permitted to make use of the old and safe way of Fines and Recoveries which in all the Commotions of people or Petitions of Parliaments were never yet found fault with or desired to be taken away There will be a great difference betwixt Fines and Deeds inrolled not onely in the manner of passing and acknowledging of them but in the benefits priviledges and safety which as inseparable Concomitants do attend Fines but cannot by any Rule of Right Reason be simul semel or at all put over to Deeds inrolled or lodged in them for Fines which are to be acknowledged in Court before two Judges at the least or out of the Court before the Lord Chief Justice of the Court of Common Pleas and if by Commission which is to be signed by the Lord Chancellor or Lord Keeper and Lord Chief Justice of the Court of Common Pleas or by some of the Justices of Assise or the Circuit where the Land lieth ought to be directed to men of quality and conscience and expert in the Laws of the Land one whereof is to be a Knight the Writs of Covenant whereupon they are grounded passing the Great Seal of England and so many sworn Officers and Judges hands and perusals and have a duplicate or double Indenture of Chyrograph so cut one in another as one must necessarily discover the other if there be any variance or falsification in them and so many places and Offices recording them cannot be counterfeited or if they should will easily be found out but Deeds so to be Registred and Inrolled which shall not be attended with so many cares and cautions may easily be forged counterfeited or antidated and bring with them more deceits and incumbrances then they do pretend to prevent and fall into all the inconveniences questions and debates which Fines and Recoveries being the grand and common Assurances of the Land for Lands betwixt party and party have by those many Laws and Cases which have been adjudged to indulge and protect them hitherto avoided and escaped The same power and force which are granted to Fines cannot with justice or convenience be given to Deeds inrolled against the Bargainor or his Heirs or those that may claim the Lands because in Deeds there are most commonly reciprocal Covenants and some things to be performed on the Bargainees part which may demand equity or performance and many times no words of Warranty or Release but i● a Fine there is onely a Grant Release and Covenant to Warrant on the part of the Cognisor or he which levieth it And if taken away from the people will loose the Supreme Magistrate and his Revenue Ten or twenty thousand pounds per annum which the people having the benefit of such an ancient and sure way of conveyance Which had in 19 E. 1. now almost Four hundred years ago so great and due respect given unto it as it was by a Parliament held in that year declared That the Order of Law will not suffer them to be levied without a Writ Original and that the cause of the Solemnities then used in Fines was because a Fine was so high a Bar of so great force and so strong a nature in it self And hath been setled confirmed and brought to the perfection it now enjoys by fourteen or fifteen Acts of Parliament and for the greatness of the Assurance and the peace and quiet which it bringeth with it justly said to be Finis sructus exitus effectus Legis the end fruit and effect of the Law and a Fine because it doth Finem litibus imponere put an end to most Suits or Controversies can arise against it did never as yet or have in all their Petitions in Parliament which have been since or before concerning other grievances so much as complained of or grudged And though they had no cause or reason to complain of Fines and Recoveries will not like so well as the Proposers To be compelled to Register all their former Deeds or Evidences if but for Ten or twenty years past under a Constraint or Penalty to be otherwise of no effect or not so available in the Law as they would have been formerly CHAP. IV. Of the Registring of all Mens former Deeds or other Evidences if but for Ten or twenty years past under a Penalty to be otherwise of no effect or less then they would formerly have been FOr that were to make any Law which should be made to such a purpose to be guilty of a retrospection or looking backwards in its commands or prohibitions and the penalties ensuing thereupon which can have no rule or pattern from the Laws or Word of God who in the making of his most righteous Laws made them to binde and look onely to the future And when he might do what he would with his Clay not onely commanded those Laws to be written very plainly but was so willing to pardon sins of Ignorance as he ordained a Sacrifice to be made for them And when in the forbidding the Children of Israel to marry within certain degrees or nearness of Blood under the penalty of death or cutting off from the people he had said After the doings of the Land of Egypt wherein ye dwelt shall ye not do Did not either punish or call them to account for any former marriages contrary thereunto Moses therefore who understood the minde of God concerning those Laws which he had received from him better then all other Legislators or Law givers which have been since the onely Son of God excepted being to die commanded them to be often read unto the people that they might hear and observe them The Wedg of Gold and Shekels of Silver and the Babilonish Garments for which Achan was stoned to death by all the people had not been the accursed things but the lawful spoils of War if the foregoing prohibition had not made them to be so Nor had Saul so grievously or at all offended or been punished for sparing Agag being his prisoner and captive in War if the command or charge of God before hand had not made it to be an offence Which our English Laws have so much imitated As the Act of Parliament of 36 E. 3. ordering all pleadings to be in English and Inrolled in Latin and not in French as they had been formerly did neither order or intend that all the Pleas for the years before should be entred over again and made to be in Latin The Statute of 23 H. 8. cap. 6. for acknowledging of Statutes or Recognisances for Debts hath an express saving for Recognisances taken before the Major and Constables of the Staple though they did not concern Merchandise which was the evil