Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	commission_n	peace_n	session_n	2,574	5	10.6777	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

shall bee presented euery Michaelmas Terme to the Lord Keeper or Lord Chancellour being In case of Suites vpon the Commission for Charitable vses to auoyd charge there shall neede no Bill but onely Exceptions vnto the Decree and Answere is to bee made forthwith thereunto and thereupon And then vppon sight and perusall of the Inquisition and the Decree brought vnto the Lord Keeper or Lord Chancelor by the Clerke of the Petty-Bagge His Lordship will giue order vnder his hand for an absolute Decree to be drawn vp Vpon suite for a Commission of Sewers the names of those that are desired to be Commissioners are to bee presented to the Lord Keeper or Lord Chancellour in writing And then his Lordshippe will send their names to some Priuie Counsellour or the Lieutenant of the Countie or some Iustice of Assize residing in those partes for which the Commission is prayed To consider of them That they be not put in for priuate ends And vppon the Returne of such opinion his Lordship will giue farther order for the commission to passe No new Commission for Sewers shal be granted while the first is in force except it bee vppon discouery of abuse or fault in the first Commissioners or otherwise vppon some great and weighty ground No Commission of Banquerupts shal be granted but vppon Petition made to the Lord Keeper or Lord Chancellour and the names of those that are desired for Commissioners shall bee presented therewithall Of which his Lordship will take consideration and alwayes ioyne some persons learned in the Law with the rest that shall be allowed yet so as care bee taken that the same persons allowed bee not too often vsed in such Commissions And likewise that Bond bee giuen with good Sureties of the penalty of two hundred pounds at least to prooue the partie against whom the Commission is sued foorth to bee a Banquerupt No Commission of Delegates in any case of weight shall be awarded but vppon Petition preferred to the Lord Keeper or Lord Chancellor who will name the Commissioners himselfe to the end that they may bee persons of fitting quality hauing regard to the weight of the Cause and the dignity of the Court from whence the Appeale is Any man shall be admitted to defend in forma pauperis vpon Oath But the Complaynants are ordinarily to be referred to the Court of Requests Or to the Prouinciall Counsailes if the case arise in their Iurisdictions Or to some Gentlemen in the Country except it be in some speciall cases of commiseration Or potency of the aduerse party Suites after iudgement must be brought according to his Maiesties Order beeing vppon Record Licences to collect for losses by Fire or by Water are not to be granted but vppon good Certificate And they are rarely to bee renued And they are euer to bee directed vnto the County where the losse did arise if it were by Fire and the Counties adjoyning vnto it as the case shall require And if it were by Sea Then vnto the County where the Port is from whence the Ship went and to some Counties adjoyning No Exemplification shall bee made of any Letters Patents inter alia with omission of the generall words Nor of Records made voyde or Cancelled Nor of the Decrees of this Court not Inrolled Nor of Depositions by parcells or fractions omitting the residue of the sayd Depositions Nor of Depositions in Court to which the hand of the Examiner is not subscribed Nor of Records of the Court not Inrolled nor fyled Nor of Records of any other Court before the same bee duely certified to this Court and orderly fyled heere Nor of any Record vppon sight and examination of any Coppy in Paper But vpon sight or examination of the Originall I will withall set downe the very words with which the Author concludes these last recited Orders because you may accordingly giue them extent dimension and valuation The Words are these viz. BEcause Time and Experience may discouer some of these Rules to be inconuenient And some other fit to be added hereunto Therefore his Lordship intendeth in euery such case from time to time to publish such Reuocations or Additions as they shall offer themselues Howsoeuer I take it there is not much alteration had in them it may bee there is some Addition But for the Roller side as vnto the making of Decrees and granting of Iniunctions which was heretofore exercised alike there as in Court or on the Lord Keepers side which I conceiue grew by the connexing of the Lord Keepers Office and Master of the Roles in the same person I cannot say how the case stands at this present hauing withdrawne my selfe now these seauen yeares past from any practice in the Lawes in any kind And because the Confirmation of Ordinances and by-Lawes made for the better gouernment of Societies Incorporate do for the most part passe through the hands of the Lord Keeper or Lord Chancellor for the time being according to the Statute of the nineteenth of K. Henry 7. Therefore and for that it is onely the path of a very few trauelliug in the Lawes I thinke good to write according to mine owne Practice therein as followeth IF a Corporation bee newly erected and is to haue also Ordinances de nouo made for the better gouernment of their Company or Body They must first make a perfect draught of them by aduice of Counsaile in a Paper-booke Your Counsaile would be both learned in the Lawes of the Land the Prerogatiue of the King the Subiects right and the Priuiledges Powers and Customes of the great body of the City or Towne corporate wherein you are sub incorporated as Brethren of a Trade Mystery or Occupation For any Ordinances made eyther against the Lawes of the Land or the Prerogatiue are not onely voyd in themselues but farther punishable in those who execute them notwithstanding any confirmation whatsoeuer And therefore commonly in all Patents and Charters of Incorporation there is a speciall clause of prouiso in this point and to this purpose And I doe heerein indigite at two manner of Ordinances vnder which the Commonalties of corporation do much grone and complaine their pressures The one is a presumption and intrusion vppon the Birth-right of a Free-borne Subiect viz the Imprisonment of their bodies for breach of an Ordinance of their company a thing most vnlawfull and vnreasonable and yet too frequently practized by too many of them For colour whereof I haue seene a Warrant Dormant lying in the Halls of some companies vnder which they subscribe the names of whom they list to commit and then deliuer him to an Officer who attends them at their Court for the purpose and so it is not pretended to bee their owne act but the will and commandement of a greater Magistrate Or an Intrusion vpon the Subiects Birth-right by denying him to seeke Law and Iustice before the King the Fountaine of Iustice in his Court at Westminster Or to set vp and

Defendant ioine with him in Commission Fees inde vt supra And if the Plaintiffe doe Reply before such time as the Defendant is examined vpon Interrogatories hee loseth the benefit of examining the Defendant in that kinde And if the Plaintiff do not reply the next day after the dayes expired which are giuen to him in warning to make his Replication The Defendant may in such case and vpon such default of the Plaintiffe moue to haue the cause dismissed for want of effectuall prosecution   l. s. d. Fee for the Entry of the Order 0 3 0 For the Rest vt supra for Demurrer When the Plaintiffe hath serued the Writ ad Reiungendum vpon the Defendant And Affedauit bee thereof made Hee may take forth his Commission to examine Witnesses This Commission is to be directed vnto such Commissioners as the Plaintiffe and Defendant shall agree vpon   l. s. d. Fee for the Affedauit made for the seruing of the Writ ad Reiungendum 0 2 4 The Warrant 0 3 10 The Writ Com. 0 7 2 If the Defendant doe refuse to ioyne with the Plaintiffe in the Cōmission Then the Plaintiffe may sue out the Commission himselfe alone on his party and direct it vnto foure Iustices of the Peace and execute it at his pleasure Otherwise the Plaintiffe may if he will examine his Witnesses here in Court When the Writ ad Reiungendum is serued vpon the Defendant he need not to enter any appearence therevpon but onely to Reioyne to the Replication Fee inde vt supra And if the Defendant doe ioyne with the Plaintiffe in Commission Then the Defendant is to pay the one halfe of the Fee of the Commission Fee inde 0 vt supra 0 If the Plaintiffe doe delay the suing forth of any Commission to examine Witnesses Then the Defendant vpon Oath made that hee was serued to reioyne may himselfe alone take forth a Commission to examine on his party Fee inde vt supra Or otherwise the Defendant for such delay of the Plaintiffe may the next Terme following moue to haue the Cause dismissed When the Commission is executed and returned The Plaintiffe or Defendant may assigne and giue to each other a day to shew cause why Publication should not bee granted in this matter c.   l. s. d. Fee for Returne of the Commission 0 0 4 The Rule for Publication 0 1 0 After Assignement to Publication the daies so assigned be expired if nothing be said to the contrarie Then Publication may be entred   l. s. d. For the entry of Publication 0 1 0 Note that nothing stayeth Publication but it must be granted vpon Order Affedauit Certificate or Consent After Publication is so had and procured as aforesaid the Cause standeth then at the highest For vntill Hearing nothing more is to bee done here   l. s. d. For the entring of the Cause then into the common Booke of Hearing 0 1 0 Lastly you shall obserue that nothing altereth the aforesaid grounded rules of this most Honorable Court but only Order Affedauit Certificate or Consent Which procured vpon some extraordinarie accidents doe sometimes change the prescribed custome of proceeding and rule of the Court. The forme of proceeding Ore tenus in the Starre-Chamber followeth IF the Delinquent hath done or spoken any thing worthy the Hearing and Censure of this honourable Court And be questioned for the same And therevpon doth confesse the fact or words and subscribeth his hand to the same Confession made in writing before the Lord Chancellour or Lord Keeper or any the Lords Iudges or the Kings Counsaile And doth when he is called to this Barre to answere it likewise confesse the same to be true and acknowledgeth his hand subscribed to the confession made as aforesaid Then and in such case the Court vseth to proceede to Sentence and Censure in the matter It hath not bin seene formerly That any but the Lord Chancellor or Lord Keeper the Iudges or the Kings Counsaile haue taken any such Examinations or Confessions so subscribed vnder the Delinquents hand as aforesaid Neuerthelesse if any other who hath authoritie in this behalfe shall take any such Examination subscription And the partie so examined and subscribing shall at the Barre confesse the matter and acknowledge the hand The Court may proceede to Sentence and Censure therevpon For the life of his Examination is the Confession and acknowledgement thereof at the Barre when the Court doth examine him as the custome is whether that which is confessed in writing be true or not And if the Lord Chancellor or Lord Keeper the Iudges the Kings Counsaile or any other shall take any such Examination and Confession Yet if the partie at the Barre shall either deny his hand thereunto subscribed or the matter therein contained to be true Then the Court doth not vse to proceede to sentence or censure him So consequently the strength of the Examination seemeth not to stand in the partie who taketh it if hee be of authoritie but in the parties Re-examining the same at the Barre and the Recognization thereof And so I conclude the practice of the Court of Starre-Chamber THE EXCHEQVER THE Exchequer hath three seuerall places of proceeding according to the three differing maner of busines belonging vnto it on the pleading side viz. The Chequer Barre The Chequer Chamber The Court of Pleas. For the Exchequer Chamber It is the English Court or place where the proceedings are held by English Bill and Answere And the proceeding thereof is very much like to that of the Chancerie as is said before and therefore I meane not to insist any further vpon it For the Court of Pleas It is the very Imitatiue of the Courts of Common Law in the Hall and therefore I would bee loth to boyle the same meate twice ouer to your Trencher but reserue my selfe for the Chequer Barre especially and the Receipt side The Processe and Proceedings of the Chequer Barre are distributed betweene the two Remembrancers of this Court viz. the Kings Remembrancer and the Lord Treasurers Remembrancer And what doth properly appertaine to the one and what to the other I haue at large set downe in my Direction for Search of Record according to the finall Doome and Order of Sir Richard Lyster Lord chiefe Baron in the time of King Henry the eighth And by the view of the particular matters and businesses therein appropriated so respectiuely you may the better iudge of the proceeding to be held vpon them the rather for that euen here at the Barre side they doe in most things follow the practice of the common Law also Therefore I shall bend my selfe to set foorth the practice of those things which are not presidented in the other Common Lawe Courts at all beeing matters onely proper to this c. with that small difference which is betweene this Court and those of the Common Lawe belowe Staires in point of Appearance at the beginning of a