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
A87640	The new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J972; Thomason E1411_2; ESTC R202637	18,638	94

four times in full Counties and to every Church to bee read twice yearlie And the writ set down by the Lord Cook to bee issuable to all Sheriffs to apprehend all subverters of the Law and to commit them to the common Gaol which I consess is politickly forborn least Chancellors and and the rest of their brother Judges should bee taken for the chiefest delinquents in that kinde and carried from Westminster to Newgate as I dare swear they have often deserv'd But when I consider how ready their supersedease's are to Sheriffs Justices of Peace c. when they pleas and their Injunctions to stay Suits at common Law most proper to bee determined there and the disregard they make of the late Statute of 15 to Hen. 6. 4 to which forbiddeth them such matters I confess no need they have to fear Sheriffs to displeas them but marveil how they can bee so uncharitable as to separate mercie which they call equitie from Justice beeing that as Justice without equitie is merciless rigor so Equitie without Justice if any such could bee would bee an unjust iniquitie and both these notwithstanding they would seem to divide Equitie from Justice are found individuals in Chancerie as Equitie and Justice were in Courts of common Law before Chancerie was and so ought to bee still as Mercie and Justice ever were and will bee in the individual trinumine chief Justice of heaven and earth whose mercie is above all his works but Chancellor's works are commonly above all mercie when they can finde no time normeans to end any Caus till both parties finde the end of their money and their time lost to gain Lordships to Chancellors and their Heirs for who saw a Lord Chancellor but had a Lord Baron at least to his heir except Sr Francis Bacon and who saw againer to himself or his heir by a Suit in Chancerie except it might bee John Johns the cunning Merchant or one that had less right to land then Keeper Coventrie could think fit to purchase in his man's name and yet gained a precious decree against the right owner Wherefore this two door'd ordoubleleav'd Court of Chancerie and Rolls beeing most pernicious to this Common-wealth which it generally beggereth to enrich it self by encroaching upon all mens liberties and drawing all those matters to Westminster which might bee decided at home with far more speed justice equitie and conveniencie and less charge pains and attendance to both parties where they are best known or to bee known in their own Court Let this Court bee spared with the other and the Common-wealth will bee further spared of the treble charge of the former yearly as the Warden of the Fleet and his prisoners as numerous as the Kings-bench men and the numberless Armado of Chancerie Caterpillars can sufficiently witness if they pleas whereof one thousand pounds per annum would bee a competent salarie for a Keeper of the Seal and fiftie pounds per annum for his man to attend it And another thousand pounds per annum to ten Clerks to do the office of six antiently blew bonnets two thousand pound per ann a piece or more with allowance of Parchment ink wax candles firing lodging and a fit office to write all necessarie Writs for all the Common-wealth And the Clerkships of the Crown and Hanaper may bee united in one person as in Ireland they were in Mr Edgworth and since in Mr Carleton who may bee thought worthie of five hundred pound per annum and all accommodation for his office without anie fees and fortie pound per annum a piece for three under Clerks to assist him to dispatch all businesses belonging to either of the said offices without fees likewise The Court of Common pleas at Westminster would bee as wel spared as anie for that all Common-pleas are common to all Courts in Cities and Counties and ought to bee tried there as the Lord Co. upon Magn. Char. on the Countie Court confesseth which sparing would spare the Common wealth per annum no less then the greatest of the former two The Court of Exchequor reduced to it's proper jurisdiction officers and fees concerning the publick Revenues may bee continued for that service onely and suffice to maintein the Warden of the Fleet and som of his men to walk between the Fleet and the Court to guard Chequer-Accomptants to their Quietus and this would spare the Kingdom another Ten thousand pound per an as the Wardens of the Fleet the two Remembrancers and Mr Long can tell Courts and Justices of Assizes Nisi priùs and Gaole-deliveries are as necessarie for England as Landlopers for the Netherlands where the Boars claw their backs and their dogs bite their shins for their intrusions or as droans are to Bee-hives whence the Bees have good caus to chace them for devouring their honey For all matters of Assizes and Nisi priùs belong to Countie Courts Hundred-Courts Courts Baron and Corporation Courts as the Lord Coke confesseth as aforesaid and Cromp. affirmeth in his jurisdiction of Courts fo 240. and matters of Gaole-deliverie belong to Sheriffs turns Leets and Sessions of the peace as the said Autors affirm and the Commissions of the peace and Charters of Corporations can prove and warrant Wherefore those three Courts spared as well they may and ought the Common wealth will bee further spared of two annual Visitations of severall swarms of Westminster locusts the charge whereof I refer to the consideration of them that bear it and usually pay it The Court of the Marshalsey raised to that exorbitancie that King James and King Charls did may and ought to follow their fortunes and their housholds and more I shall not say of it but that it is full of extortion and injustice being never owned by Law beyond the verge and that being vanished with the Kings person so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more then I can calculate but Mr Say an honorable Member of the House may advertise the rest thereof with the advice of Mr Serjeant Green and others late Judges and officers of that Court. The sparing of all these Courts and the charge thereof amounting to if not surmounting three millions per annum and the confirmation of Mag. Cart. and the Petition of Right once more by this Parliament would also spare to the Commonwealth and its better service the lives and imployments of many thousands of able men wrongfully imprisoned for debt and convert the lives and imployments many thousands of Attornies Sollicitors Gaolers Catchpols Decoyes Setters c. to better uses both for their souls and bodies and for the publick benefit Then Sheriffes Turns Hundred Courts Leets Court Baron Sessions of peace and Corporation-Courts restored to their ancient and right jurisdiction which fall to them of themselvs which when those aforesaid are taken away would be all-sufficient and onely necessary to hear and determine all the causses of England

to bee pronounced there accordingly by the Judges called the Kings or States A Writ to command them to proceed to Judgement and an aliàs plur and Attachment ought to bee granted by the Chancery-States as you shall finds in Fitz nat br fo 143. to imprison them till they do it which is not usually don by themselvs in every caus in Court but by the protonotarie of cours entred upon Record unless respite bee required upon good caus shewed And the execution vvhich ever issueth in the name of King or State relateth to the Judgment Conviction vvhich implyeth both the Judgements of Kings or States and people as aforesaid Would not therefore the common practice of the Lavvs and their pleadings in English as at first they vvere bee more commodious and usefull to instruct all understanding English men for their ovvn good to becom experimental sufficient Lavvyers in their ovvn causes then the modern custom of hotch potch French and Latine imposed by Lavvyers for their ovvn gain to instruct fevv others of their ovvn generation to cheat the universalitie of the Nation of their rights and understandings and make themselvs and their Counsels most learned in others affairs And again That every one have a Remedial Writ from the Kings Chancery according to his plaint without difficultie and that every one have process from the day of this plaint without the Seal of Judg or partie And again pa. 10. That after a plaint of wrong bee sued that no other have Jurisdiction in the same Caus before the first plaint bee determined c. And again that al the King's Courts should bee open to all plaints by which they had original Writs without delay aswel against the King or the Queen as against any other of the People for every Injurie but in case of life where the plaint held without Writ Why all at Westminster sit not betvveen terms And all elsvvhere all the year long Certiorari's Corpus cum caussa suppersedias c. issued thence till the Judges at Westminster can bee there at leisure to determine all matters vvhich the multiplicitie of rich mens causes so monopolized thither cannot afford the poor to end theirs vvhile they live commonly And again page 11. That all Free Tennants shall bee obedient and appear at the summons of the Lord of the Fee And if a man caused another to be summoned elswhere then in Fees of the Avowants or oftner then from Court to Court they were not to obey such Summons Why then should any Free-holder of the Countie of Middlesex or any libertie thereof except Westminster and St Martins legrand London appear upon Summons at Westminster-Hall vvhich lately vvas the Fee of the Dean and Chapter of St Peters and novv is at the States dispose to vvhom they pleas And again page 12. That the Lords of Fees might summon their Tenants by the Award of their Peers to the Lord's Court or the County or the Hundred at all times that they detein or denie their services in deed or word and there they shall hee acquitted or forfeit their allegiance and all their Tenancie with the appurtenances by the judgement of the Suitors And per contra the Lords doing wrong to their Tenants shall forfeit their Fee to the Chief Lord by the same judgement Observ the Freemen of every libertie then were as still they ought to bee Judges of their Lords for their fees aswel as their other neighbors for their tenancies and to end their differences there within their proper Fees respectively and why not so still And so let the chief Officers Justices of Peace and others of the Libertie of Westminster suffice for Judges for that precinct And page 13. That offendors guilty of death should not be suffered to remain among the guiltless Why Convicts for felonies c. in Newgate c. amongst prisoners for debt And that the Goods and Chattells of Vsurers should Escheat to the Lord of the Fee This law restored would enrich the Common-wealth purge it of many moths Cankerworms and teach men to live by their own labors and not by others And pa. 14. That none should bee ordeined Ministers above the number of Churches and that the poor should be susteined by Parsons Rectors and Parishioners so that none should die for want How many die so daily now adaies within every parish and parsons view So much and more affirmed by Master Horn to bee the Common unwritten Lawes and Customs of England before Magna Charta the Lord Coke in his preamble to his Institutions upon it saith It is but a written Charter or Declaration in writing of the antient laws of this Land agreed upon by King and People to bee published and preserved inviolable on both parts for ever and no new law made Hereby further appeareth what hath been said of the agreement between King and People that none should be judged by the Kings Judges but by verdict of their Peers called in this Charter due process of Law In and by the 9th Chap. of which Charter it is declared That the City of London shall have the old Liberties and Customs which it hath used to have Moreover wee will and grant that all other Cities Burroughs Towns and the Barons of the 5 Ports and all other Ports shall have their Liberties and free Customs Are not all these Liberties and Customs grown obsolete and daily over-ruled at Westminster And in the first confirmation of the said Charter 25. Ed. 3. ca. 2. It is further declared That all Instices Sheriffs Majors and other Ministers having the Law to guid them viz. Mag. Chart. Forest then written and published shall allow the said Charter to be pleaded before them in Judgement and cap. 2. That if any judgement shall bee given henceforth contrarie to the points of the great Charter it shall be undon where upon saith the Lord Coke the Laws of the Realm have the office to guid the Judges in all causes that come before them in the wayes of right Justice which never yet misguided any that certainly knew them and truly followed them By these Collections of Mr. Horn before Magna Charta and Confessions of the Lord Coke since sufficiently appeareth That the Laws if published to the people as they ought would bee sufficient to guid them all in all the right wayes of Justice But the Justices at Westminster that would guid the Laws as Popes Scriptures by their own Interpretations having purposely disguised them in Pedlers French and barbarous Latine that few but themselvs can construe and forms so errorable as they can devise for themselves to mend when they list which hapneth somtimes for the rich but rare or never for the poor and thereby denying delaying and selling Justice at their own rates And their Frye sitting in the hous are the subverters of the Laws as their Predecessors alwaies were and thereby the continual causers of all the Civil Wars of England and besides all that under color of Justice murtherers

of more English men then all the Wars Plagues and Famine vvhich reigned in their times destroyed vvithout them Witness their Statutes made and mainteined against Magna Charta for their murthering of Debtors in Prisons vvith tortures and famine vvhen their extortions and their Gaolers have left them no means to buy bread And for the unlavvfull divorcing scattering and starving of their Wives and Children by the bargain and robbing their Creditors of those means that should pay their Debts in part or all and for protecting of Cheators that take their Prisons for Sanctuaries to leav so much of other mens estates with the right owners curs and their heirs to their posteritie as their Judges and Gaolers extortions and their own riot cannot consume in their owne time As also their last Acts formerly mentioned for releas of Prisoners which intangle their bodies and souls more then before And many other Statutes to intricate the Laws with such contrarieties as none but such as have the Genius of their makers can reconcile which when it is don tendeth wholly to make themselvs great and rich and the People their slaves and beggers For Remedie whereof it is to be desired in the name and right of the publick that the Hous would bee pleased to bee swept and clensed of such cobs and cob-webs and to vote and vomit out of the sanctifi'd bowells of that sacred Senate those execrable excrements that poison their intrailes and deliver them to publick Justice which their ravenous lives and extorted possessions suffice not to satisfie but may in Gods mercie appeas his wrath stay his Judgement and expiate this Land of that wickedness which they have wrought among us and accumulated upon us This don The work followeth and teacheth it self how it would be don as aforesaid declaring it self that frustrà fit per plura quod fieri potest per pauclora vain is the labor of many workmen where few may serv the Turn with far less charge and more conveniencie And breiflie vain expenceful and too burthensom to this Common-wealth are the severall Courts hereafter mentioned upstarted over us one after another since the first publishing of Magna Charta as Heresies sprung immediately after if not with the first preaching of the Gospel viz. Out of the Court lately called the King's Bench issued the Common-Pleas and the Eschequer which took their leav of it in Magna Charta and left it to follow the King and so I conceiv it ought to do still for that there is no use rightly to bee made of it but to hear and determine the Pleas of the Crown which the Lord Coke upon Magna Charta saith were wont to bee determined by Stewards in their Leets Sheriffs in their Turns Recorders in Corporations and countrey Judges in Signiories which had jura Regalia all which now Justices of Peace having more power in matters determinable by common Law then Justices in Eire had if rid of the sovereigntie usurped over them by their fellow-Justices their Certioraries c. may eas of much labor Moreover the chief Justice of this Court ought to bee but the King's deputie by writ and no King in beeing no such Deputie can bee Hugh de Burgo Earl of Kent chief Justice under King Henry the 3d took his oath with his Master to observ and maintein Magna Charta and soon after persuading the King to break it became the first Perjurer of his place in that point as the Lord Cook upon Art sup Chart. declareth at large Since which time the practice of this Court beeing but to murther debtors over whom it hath no jurisdiction and consequently perjurie and injurie to the Common-wealth why may it not bee spared as well as the King While as saith the Lord Cook afore-said all Majors c. have the Law to guide them and now Englished unto them where then can bee the desect of Justice but in the Justices as before that will not execute them since it is Law it self that the Laws are to bee interpreted so that there shall bee no failer of Justice to the people And few or no Laws besides Magna Charta and it's confirmations will serv to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases and crastie disputes arguments and cavils pass'd among them but to bee used by such as have minde and leisure to read them as Divines may the Works of the wantonest Poëts to pick out their flowers for their Pulpits and leav their scurrilities to others of their Autor's genius Or as Interludes in which all parts were not all bad and though all prohibited to bee publickly acted yet may Terence bee read in Schools And may not those Statutes that relate to the Justices of either Bench c. bee executed without them aswel as those that relate to the Bishops are without them And this Court thus spared will spare the Common-wealth in fees and extortion above five hundred thousand pound per Annum besides unknown bribes and their known salarie of 4000 ll per Annum as Sir John Lenthal and his 4000 prisoners or thereabouts between Thule and Callicute and Mt Henley with his hoste of Scribes whose Van is at Michaël's mount and Rear at Barwick if convented and compell'd to consess truth can declare at large The Chancerie was no Court of Judicature nor personated by a Lawyer but commonly by a Monk or Bishop as wee have seen lately in England and Ireland whose office was to follow the King with the Seal and to seal Writs gratis at the King 's cost as the Lord Coke affirmeth and Rast fol. 65. citeth the Statute of Art super chart and sheweth that the breaches of those Articles were the first thing given to the power of the Chancellor to judg of who beeing likely a a Bishop had charge as a Bishop by virtue thereof to excommunicate the breakers thereof In the 36th year of the reign of King Edward first cap. 4 to from which little fountain sprung that Nilus that ever since overfloweth all England not onely once every seven years but seven times at least in every year The Chancerie a Court of Conscience forsooth raised upon pretence of equitie and relief to such as complained of oppressions against the breakers of this Statute which vvas the first confirmation of Magna Charta and no sooner thus raised but it despised both its raiser and the caus extolled it self and overtopped all the Courts of England disusing to grant the antient Commissions in Eire to vvhom their Counties chose and of Oyer and Terminer to any that had occasion to use them as lavvful vvas according to Fitz Herbent Nat. brev fo 112. and Cromp. s p. fol. 51. and all Writs to any vvithout excessive sees and extortion contrarie to all laws the Oath of a Judg and the practice of the office it self as it was formerly gratis and neglecting to send Magn. Char. to every Sheriff yearly to bee read