Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	county_n	say_a	sheriff_n	2,933	5	10.0525	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40929	Christian tolleration, or, Simply and singly to meet upon the account of religion, really to worship and serve the Lord, without any unlawful act to be done or intended, is not an offence against law and also concerning seditious sectaries, disloyal persons, and seditious conventicles punishable by the late act : and likewise concerning banishments ...	R. F. (Richard Farnworth), d. 1666.	1664 (1664)	Wing F477; ESTC R1637	17,385	34

and afterward imprisoned if they do not pay down the Fine which Fine for the first offence is not to exceed five pounds or imprisonment without Bail or Mainprize not exceeding three months for none payment thereof and not exceeding ten pounds for the second offence or imprisonment for some time without Bail or Mainprize for non-payment thereof not exceeding six months 16. Car. 2. Regis fol. 27 28. Simply to meet upon the account of Religion really to worship and serve the Lord without any unlawful Act to be done or intended is not an Offence against Law Is there any general Custome or Statute made directly against the true spiritual service and worship of God in the spirit John 4.23 24. If there be any general Custome or Statute made directly against the true spiritual service and worship of God in the spirit Is not such Custome and Statute directly against the Law of God And if there be any general Custome or Statute directly against the Law of God Is not such a Custome and Statute void in it self seeing it is declared in the book called Doctor and Student or grounds of the Law of the Land That the second ground of the Law of England is the Law of God Doct. and Stud. Cap. 6. and also if any general Custome were directly against the Law of God or if any Statute were made directly against it the Custom and Statute were void Doct. Stud. cap. 6. And the King hath been pleased to promise and declare a liberty to tender Consceiences and that no man shall be disquieted and called in Question for differences of opinion in matters of Religion which do not disturbe the peace of the Kingdome And have not all those an interest in the Kings promises who never yet forfeited the same but are utterly and absolutely against designing and contriving any Insurrection and the remedies provided by the act are against them that have forfeited their intrest in the Kings promises who do at their meetings contrive Insurrections Therefore the Innosent ought not to be punished by Inprisonment or Banishment c. For the liberty of a man is a thing specia●●y favoured by the comon Law of the Land and therefore saith Dalton in his Iustice of peace Dalt 406. if any of the Kings Subjects shall Imprison another without sufficient warrant of him or of his Law the party grieved may have his action and shall recover damages against the other and the King also shall have a fine of him for Inprisonment of another without offence of the Law is one of the Kings Royall prerogatives annexed to the Crown See Dalt I. P. 406. And by the Statute of Magna Charta many times confirmed in Parliament it is enacted that no freeman shall be taken and Imprisoned or Disseized of his Freehold or Liberties or free Customs or be Outlawed or Exiled Magna Charta cap. 29. or any otherwise destroyed or we shall not passe upon him nor condemne him but by lawfull Iudgement of his Peers or by the Law of the Land we shall sell to no man we shall deny or defer to no man either Iustice or right Mag. 29. The Confirmation of the great Charters saith that all Majors Sheriffes Iustices and other Ministers which under us have the Laws of the Land to guide them 2● Edw. 1 cap. 1. shall allow the said Charters pleaded before them in Judgment in all points 25. Edw. 1. c. 1. And we will that if any Judgment be given from henceforth contrary to the points of the Charters by the Justices or by any other our Ministers that hold Plea before them against the Points of the Charters ●5 Edw. 1. cap. ● It shall be undone and holden for nought See the Stat. 25. Edw. 1. cap. 2. A Confirmation of the great Charters and a Repeal of those Statutes that be made to the contrary At the Parliament of our Lord the King holden at Westminster the first day of May the two and fortieth Year of his Raign It is assented and accorded That the great Charter and the Charter of the Forrest be holden and kept in all Points And if any Statute be made to the contrary That shall be holden for none Stat. 42. Edw. 3. cap. 1. What Persons are they that the late Act is made against They are seditious Sectaries and disloyal Persons who under pretence of tender Consciences do at their Meetings contrive Insurrections 16. Car. 2. Regis 25 26. To meet together under colour of Religious Exercise and pretence of tenderness of Conscience to contrive insurrections is a seditious Conventicle and an unlawful Assembly And those are the persons and meetings which the Act doth provide Remedies against For first the Title of the Act is to prevent and suppress seditious Conventicles Secondly the Remedies provided by the said Act are against the growing and dangerous practises of seditious Sectaries and disloyal Persons who do at their meetings contrive Insurrections as aforesaid Thirdly the Execution or Penalties of the Act are to be inflicted upon such Persons and for preventing of the mischiefs which may grow by such seditious and tumultuous meetings under pretence of Religious Worship 16. Car. 2. Regis fol. 25 26 54. It seems That for Persons to assemble and meet together under pretence of tender Consciences to contrive Insurrections is a seditious Conventicle and unlawful Assembly punishable by the said Act. 2. It seems That for Persons to the number of sive or above c. to meet together under pretence of Religious Worship to be mischievous seditious and tumultuous it is a seditious Conventicle and unlawful Assembly punishable by the late Act as aforesaid For it is Enacted by the Authority of Parliament for better preventing of the mischiefs which may grow by such seditious and tumultuous meetings under pretence of Religious Worship That the Lieutenants Deputy Lieutenants Commissioned Officers of the Militia Souldiers and Sheriffs c. by Certificate made to them respectively under the hand and seal of a Justice of Peace or chief Magistrate of his particular information or knowledge of such unlawful meetings or Conventicles held or to be held in their respective Counties or places And that he with such Assistance as he can get together is not able to suppress or dissolve the same shall and may and are required to repair with the Justice of Peace or chief Magistrates to the place where they are so held and by the best means they can to dissolbe and dissipate or prevent such unlawful meetings 16. Car. 2. Regis fol. 34 35. Is it not plain and clear by the said Act That the meetings which are to be dissolved and dissipated or prevented as aforesaid are seditious and tumultuous meetings And is it not as plain That those seditious and tumultuous meetings are such meetings as are seditious Conventicles and unlawful Assemblies which the Act provides remedies against and also Penalties for the preventing of the mischiefs that may grow by

3. And if they execute any such thing indeed then it is a Riot Dalt 278. And saith he Mr. Finch describeth them shortly thus fi libro 2. An unlawful Assembly is when Persons shall Assemble to do any unlawful Act. So that the unlawfulness of the act about which they assemble to do is that it seems which makes their meeting together to be an unlawful Assembly and to be an Offence against Law A Rout is when they set forward to do it And a Riot is when they do it indeed Dalt 278. Now in Riots Routs and unlawful Assemblies these four circumstances are to be considered First The number of the persons Assembled 2. The intent and purpose of the meeting 3. The lawfulness or unlawfulness of the Act. 4. The manner and circumstance of doing it First The number For the number there must necessarily be three persons at the least so gathered together to the intent to do some unlawful act with force or violence against the Peace or Person of another his Possession or Goods or to the manifest terror of the People as aforesaid For else it can be no Riot 1 M. 12. 1 Eliz. 17. Rout or unlawful Assembly saith Dalton within the meaning of these Statutes Dalt 278. For saith he an Assemby of an hundred Persons or more yea though they be in Armor yet if it be not in terror or affright of the People and were assembled without any intent to break the Peace It is not prohibited by these Statutes nor unlawful Dalt I. P. 279. 2. For the intent The intent It seemeth it can be no Riot Rout or unlawful Assembly Except there be an intent precedent to do some unlawful Act and with violence or force See Dalt J. P. fol. 279. Cromp. 6. P. R. 25. 3. As for the lawfulness of the act Every man may Assemble company to aid him in his House Lawfulness of the Act. against injury or violence And every man in peaceable manner may assemble a meet company and may come to do any lawful thing Dalt J. P. 280. 4. As there must necessarily be three Persons at the least assembled together to make a Riot Rout The manner and circumstances or unlawful assembly so their being together and their demeanour must be such as shall or may breed some apparent disturbance of the Peace either by threatning speeches turbulent gesture shew of Armour or actual force or violence to the terror and fearing of the peaceabler sort of people or to the emboldenimg and stirring up of such as are busie headed and of evil disposition by such fact or else it can be no unlawful assembly c. See Dalt J. P. fol. 281. And doth or may it not clearly appear the premises and circumstances being truely and duely considered That the peaceable and godly meetings of the innocent people of God reproachfully called Quakers truly and really to serve and worship the Lord without any intent or purpose to do any unlawful act with force or violence as aforesaid are no unlawful Assemblies Because their being together and their demeanour is such as doth not breed any apparent disturbance of the Peace neither by threatning speeches turbulent gesture nor shew of armour nor actual force or violence nor to the terror and fearing of the peaceabler sort of people who do neither meet in terror or affright of the people nor with any intent to break the Peace by any unlawful act with force or violence If any Riot Assembly or Rout of People against the Law be made in any part of the Realme the Justices of the Peace three or two of them at the least and the Sheriff or Under-Sheriff of the Shire where such Riot Assembly or Rout shall be made shall come with the Power of the County if need be to Arrest them and shall Arrest them And the same Justices Sheriff or Under-Sheriffs have power to Record that which they shall find in their presence against the Law and the same Offenders shall be Convict by the Record of the same Justices Sheriff or under-Under-Sheriff in manner and form as it is contained in the Statute of Forcible Entries See Pultons abstract and Statute 17 Rich. 2.8 Stat 13. Hen. 4.7 And see Forcible Entry 2. And in Forcible Entrie 2. Pult. saith If a Justice of Peace of the County or Major Bayliffe Sheriff Justices or Justice of Peace of the City do fine any that made such Forcible Entrie c. he shall take the Offenders and commit them to the next Goal and there to remain c. And whether the Parties which made such Entries be present or gone at the coming of the Justice the said Justice Major c. shall in some good Town or convenient place near unto the place where such force was made enquire by a sufficient Jury of the same County City c. of them which made such forcible Entries and if it be found before them That any have made Entry in form aforesaid The said Justices Major c. shall reseise the said Lands and put the party in possession which in such sort was put out Pult. 132. Stat. 8. Hen. 6.9 So that a Riot Rout or unlawful assembly is to be enquired of and found by a Jury For if any such Offence be committed within this Realm the Sheriff having a precept directed to him shall return four and twenty persons dwelling within the Shire where such assembly or fact was committed whereof every of them shall have Lands and Tenements within the same shire to the yearly value of twenty shillings Charter Land or Free-hold or twenty six shillings eight pence Copy-hold or of both above all charges for to enquire of the said Riot Rout or unlawful Assembly c. See the Stat. 19. Hen. 7.13 Pult. Abstract Arrest and Imprisonment An Arrest is the first apprehending and restraining of a mans person depriving it of its own Will and Liberty Dalt 405. Shep. 171. and may be called the beginning of imprisonment Dalt J. P. 405. Shep. Just P. cap. 6. sect 1. p. 171. Imprisonment is where a man is Arrested against his Will Dalt 405. Shep 171. or is restrained of his Liberty by putting him into the Goal Cage or Stocks or into some House or otherwise by keeping him in the high street or open field so as he cannot freely go at liberty when and where he would Dalt J. P. 405. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the party or require or charge or command him to go or come before the Justice c. This is no Arrest or Imprisonment And upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him See Dalt 405. But saith he this Arrest being in Execution of the commandment of some Court or of some Officer of Justice is exprest in their Writs by these words or the