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
A93109	Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3195; Thomason E1912_2; ESTC R203559	65,245	193

them as at the Assises or Sessions of the Peace holden and to be holden for the said County of W. and payable or happening from time to time to be payable by any the Inhabitants of or within the same City And also all and every the powers All the Franchises they have had and Authorityes herein before mentioned for the holding and keeping of the aforesaid Courts and every of them from time to time and to Award and Issue the accustomed Writs to be issued and awarded out of the said Courts and the same to beare Teste in the name of the Mayor of the said City for the time being and the said Courts to be kept by the said Mayor or by the Recorder of the said City for the time being or by the Steward or Baylieffe of the said Mayor and Comonalty and their Successors for the time being And that such other Officers of the said Mayor and Comonalty and their Successors for ever shall be from time to time attendant upon every of the said Courts to serve and execute the Writs and processe and other matters and things in the said Courts as were usually attendant thereupon in the time of the said late Bishops of N. as aforesaid And also the aforesaid power to distraine for all Rents and other summes of money payable by reason of the said premisses And all other lawfull remedyes and meanes for the having receiving levying and enjoying the said premisses and every part thereof And also all Waiffes Est●aies Deodands and goods of Felons happening and being within the said City And Felons goods Waiffes c. also all and every summe and s●mmes of money to be paid as a Post Fine or Post Fines upon any Fine or Fines from time to time to be levied of any Lands Tenements or Hereditaments within the said City And also all and every Post-Fines such other Mannors Lands Tenements Mills Meadows Feedings Rents Courts Faires Markets Royaltyes Services Annuityes Libertyes Franchises Priviledges Immunityes and other possessions and Hereditaments whatsoever as the Mayor and Comonalty aforesaid or any of their Predecessors have at any time or times heretofore by whatsoever name or names of Incorporation had held used or enjoyed or now do hold use and enjoy to them and their Successors of Estate of Inheritance by reason or pretext of any Grant or Grants Charter or Charters or Letters Pattents by any the late Kings or Queens of England heretofore granted or confirmed either to them the said Mayor and Comonalty and their Successors or to any the late Bishop or Bishops of N. or by any other lawfull Right Title Customes Usage or Prescription whatsoever although the same or any of them have been forfeited or lost And although the same or any of them are not in these presents particularly expressed and in certaine named and specified To have hold and enjoy all and singular the premisses to the said Mayor and Comonalty of the said City of N. and their Successors for ever And moreover We will and Extent of the Limits by these presents for Us and our Successors do grant appoint and declare that the said City of N. and the Compasse Precincts and Limits thereof and the jurisdiction of the same shall from hence forth extend and reach it self and may and shall be able to reach forth and extend it self as wel in length as in breadth as in here set forth the limits of the Corporation Rendring the old Rents Circuit to such and the like bounds metes and limits as the same from the time whereof the memory of man c hath extended it self that is to say from the end c. Rendring and paying therefore yearely to Us and our Successours such and the like Rents Services summes of money and demands as have been heretofore rendred or paid unto us for the same Wherefore we will and by these presents for us and our Successors do firmely enjoyne and command that the aforesaid Mayor and Comonalty of the City aforesaid and their Successors shall and may freely and quietly have hold use and enjoy the aforesaid Libertyes Authorityes Jurisdictions Franchises Rights Royaltyes Priviledges Generall words Exemptions and Quittances Lands Tenements and Hereditaments aforesaid according to the Tenor and Effect of the aforesaid Letters Patents Prescriptions and Customes and of this our Letters Patents of Grant and Confirmation without the lett hinderance or Impediment of us or our Successors or of any our Justices Sheriffs Escheators Bayliffes or other Officers or Ministers of Us or our Successours whatsoever And that the said Mayor and That the Officers of the Lord Protector do not disturb them Comonalty of the City aforesaid or their Successors or any of them in the free use and enjoyment of the premisses or of any of them by Us or our Successours or by any of them shall not be hindred molested or in any wise disturbed We also willingly and by these presents commanding and requiting as well the Treasurer Commissioners of the Treasury Chancellour and Barons of the Exchequer at Westminster for the time being and all other the Justices of Us and our Successors as also our Atturney and Sollicitor generall for the time being and all other Officers and Ministers whatsoever of Us and our Successors That neither they That no Officers shall molest the Corporation for any thing past nor any of them shall make or cause to be made mentioned or prosecuted any Writt or Summons of Quo Warranto or any other Writt or process whatsoever against the aforesaid Mayor Comonalty of the City aforesaid or their Successours or any of them for any causes things matters offences clayme or usurpation by them or any of them heretofore unduely claymed used attempted had or usurped before the day of the date of these presents Willing also and by these presents for us and our successors commanding and requiring That the Mayor and Comonalty of the City aforesaid or their Successours or any of them by any of the Persons Justices Officers or Ministers aforesaid in or for the undue use Clayme or Usurpation of any other Libertyes Franchises or Jurisdictions within the City aforesaid or the Limits or Precincts thereof before the day of the date of these presents shall not be molested or disquieted or compelled to answer to them or any of them And whereas also in and by a certain Grant or Charter of the late King Iames made and granted to the said Mayor and Comonalty of the said Recitalls of Charters City of N. and their Successors bearing date at Westminster the second day of March in the 9th year of his Raign over England And in and by one other Grant or Charter made by the late King bearing date at C. the 17 of August in the 6th yeare of his Raign or by one of the said Charters it is amongst other things granted and confirmed to the Mayor and Comonaltyes of our said City and their Successors that

the time being we will to be two shall and may for ever hereafter have power and authority by vertue of these Presents to hear and determine all and all manner of Petit Treasons Murders Felonies Ryots Routs Oppressions Extortions Fore-stallaries Regratories and all other Trespasses and Offences whatsoever within our said City of N. and the Liberties and Precincts aforesaid from time to time arising and happening and which shall arise or happen and any wayes belong to the Office of Justices of Peace or Oyer and Terminer and the correction and punishment of the offences aforesaid every of them according to the Laws of England and to do and execute all other things within the said City Liberties and Precincts aforesaid so fully and in as ample manner as to the Commissioners assigned and to be assigned for the keeping of the Peace within the said county of N or elsewhere in England doth or may belong And as amply and fully as any Justices of Oyer and Terminer by vertue of any Commission of Oyer and Terminer heretofore appointed or hereafter to be appointed matters of High Treason onely excepted have used to do or may do and execute And we do by these Presents for us and our Successors inhibit and forbid all and singular the Commissioners Other Iustices of the county not to intermeddle assigned and to be assigned for the keeping of the Peace and Commissioners of Oyer and Terminer of our said County of W. for the time being That they or any of them do not intermeddle with or exercise any Jurisdiction as Justices of Peace or as Justices of Oyer and Terminer for any matter or thing arising within our said City and Liberties and Precincts thereof for or concerning any offence or offences whatsoever except for High Treason onely as aforesaid And we do by these Presents will declare assign and appoint that the present Maior and Recorder of our said City herein before named and I. G. I. F. H. P. E. L. and R. P. be our present Justices of Peace of Oyer and Terminer within the said City Liberties and Precincts aforesaid And further we will That our Justices of Peace and Justices of Oyer and Terminer before named nor any 〈◊〉 them nor any other person or persons hereafter to be chosen Justice or Justices of the Peace or Justices of Oyer and Terminer within our said City and Liberties thereof do take upon him and them the execution of the Office of Justice of Peace or of Justice of Oyer and Terminer there until such person and persons shall have taken the Oath appointed or to be appointed for such Justice and Justices before the Maior and Aldermen of the said City for the time bein● and any three or more of them shall have by vertue of these Presents full power and authority to give and administer the Oath and Oaths aforesaid unto such person and persons and every of them as shall be chosen Justice or Justices of the Peace and as by vertue of these Presents shall be Justice and Justices of the Peace and Justices of Oyer and Terminer within the said City and Liberties thereof And moreover we do by these Presents for us c. will and appoint That the Justices of the Peace of our said City and the Justices of Oyer and Terminer within the said City and the Liberties thereof except the Time of choosing of Justices Maior and Recorder for the time being be yearly chosen on the aforesaid Wednesday next before the Feast of c. in the Councel-house c. by the Maior Recorder Aldermen and Assistants of the said City or by the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being And that the aforesaid Justices of the Peace and Justices of Oyer and Terminer there for the time being and every of them so chosen and sworn as aforesaid and also the Maior and Recorder of our said City for the time being by their or any or either of their Warrants all and every person and persons for High Treason or Petit Treason or for suspition thereof and for other Felonies whatsoever and all Malefactors and Disturbers of the Peace and other Offenders for other misdemeanours who shall be apprehended within the said City or Liberties thereof shall and may send and commit or cause to be sent and committed to the Common-Goal of the said City there to remain and to be kept in safe custody by the Keeper of the said Goal or his Deputy for the time being untill such Offender and Offenders shall be lawfully Goal delivered thence And we do by these Presents for Us and our Successors charge and require the Keeper and Keepers of the said Goal for the time being and his and their Deputy and Deputies to receive Offenders where to be committed take and in safe custody to keep all and singular such person and persons so apprehended or to be apprehended and sent and committed to the said Goal by Warrant of the said Justices or any of them as aforesaid until he or they so sent and committed to the said Goal shall from thence be delivered by due course of Law And further we do by these Presents for us c. grant to the said Maior and Commonalty of our said City and their Successors that the said Maior and Commonalty and their Successors shall for ever hereafter have full power and authority by vertue of these Presents to cause a pair of Gallows to be set up within the City Liberties and Precincts aforesaid to hang Gallows Malefactors adjudged so Death within the said City according to the Laws and Statutes of England or else to cause the same malefactors adjudged to Death to be led to the Gallows erected or to be erected at F c. in the county of W. there to be hanged And we will ordain constitute and appoint by these Presents for us and our Successors That the Recorder of the said City for the time being be and shall be custos Rotulorum of our said City Custos Rotulorum And that the Maior of our said City for the time being and C. B. who is hereby nominated the present Clerk of the Statutes there have and by vertue of these Presents shall have power as formerly to take Recognizances of Debts there according to the Form of the Statute Power to take Conusance of Statutes of Merchants and the Statute of Acton Burnel And that the Maior of the said City and Clerk of the Statutes there for the time being shall by vertue of these Presents have full power and authority to do and execute all things by force of the same Statutes or either of them as doth may or ought to belong to them or either of them to do or execute And further we do for us c. will and grant by these Presents That the said Maior and Clerk of the Statutes within our said

Body Politick and Corporate in Law to all intents and purposes And shall have perpetual succession And shall be called by the name of the President and Society for the Propagation of the Gospel in New-England And so had power to buy sell take and give sue and be sued make Ordinances c. See the Act at large If the Lo. p. at this day make a grant by Charter of Lands to the honest men of the Village of Islington without saying To Have and To Hold to them their heirs and successours yielding Rent This is a good Corporation whilest it doth continue and untill it be as it may be dissolved by the Lord Protector Dyer 100. It is said If the King had granted to the Cominalty of Islington that they should be an Incorporation of a Mayor and Bayliffs the which they shall have power to choose one That this is good not withstanding that the Election of the Mayor be future Coo. 10. 27. Out of all which we observe Observations 1. That an Incorporation may be made with few words and that there is no certain form of words for it That it may be made absolute and perfect at the first or with Reference to some what after to be done to perfect it This only is of the Substance and must be expressed or strongly implyed by the words That the Lo Protector doth give leave to make such a Corporation That in such a place certain such a house shall be built for such a use and such a Government and Governours shall be of and in it And those persons shall be a Corporation to continue for ever by such a name 2. Sometimes the King himself did expresse the words design the place appoint the number and gift and name all in the Charter so that it is a compleat Corporation and nothing is left for the Founder or Donor but to make an Endowment of Lands And sometimes the King by his Charter reserves as well the nomination of the persons as the name of the Incorporation to the Founder And then when he hath declared it in writing according to his authority then are they Incorporate by the Letters Patents of the King as if it had been all put into the Letters Patents But we shall look over the whole Charter and observe somewhat in general upon it and then name the particular heads thereof and make some few Observations on each of them SECT VII The Charter for Corporations divided into parts and opened THe most of all our Corporations have been as we have shewed made by the Kings and Queens of England and none can be created now but by Act of Parliament and the Lord Protector 's Charter or Letters Patents And so he may make what Corporations he please This being the common way of erecting of them we shall look a little upon these Charters and the form of words commonly used in them by which Corporations are erected And herein we shall say a word in general to them and then we shall look over some of the peeces of them and lay down the effect of all the passages and peeces thereof And thereupon we shall make some few Observations or Collections for the better understanding of the Law therein 1. As to these Charters or Letters Patents for Corporations in the general these things are to be known 1. That in these Charters there are some things necessary in Law and that may not be left out And other things not necessary but are declaratory or explanatory and are inserted onely in point of discretion and for conveniency So the Clauses to buy and sell sue and be sued have and use a Common Seal to restrain alienation or demise of the Land belonging to the Corporation That the Survivors shall be Incorporate That if the Revenues increase they shall be imployed to the publique use of the Corporation To be visited by the Governours To make Ordinances That the Ordinary shall not visite it License to purchase in Mortmain and some general Clauses and Provisoes The Corporation is well made without all this 2. There are also usually granted together with the making of these Corporations and in the same divers Franchises and other things as Felon's goods and of fugitives and persons out-lawed in Civil Actions The Forfeitures by penal Statutes Recognizances Hundreds Courts and Conusance of pleas Fairs Markets Wayfs Estrayes Treasure Trove Deodands Exemptions from serving in Offices Juries payment of Toll Picage c. The Assise of Bread and Beer Pillory and Tumbrell The Office of the Justice of the Peace Coroner Clerk of the Market and a great part of the Sheriff's Office and the like These things have no dependance or are they at all incident to Corporations but commonly granted to them when they are erected 3. There are some things often inserted in these Charters that are unlawfull as to make Ordinances to imprison men or to forfeit goods upon disobedience or to restrain the liberty of Trade and such clauses as restrain the Corporation from having of that which is incident to it and the like Our Observations upon these Charters in the generall are such as these 1. That all these Charters have the most favourable interpretation in Law that can be And they shall be taken strongly against the Lo. Pr. and to advance the Work intended by it 2. That the draught now generally used in the making of these Charters is the best and safest Notwithstanding there is in it much more then is absolutely necessary to the erecting of the Corporations And therefore we advise all men that are to sue out Letters Patents herein to follow that president We will now look over the several Parts Heads and Clauses of the Charter and make observations upon them apart The Charter alwayes made The Title of the Supream Magistrate by the Supream Magistrate it doth begin with his Name Title c. after this manner Oliver Lord Protector c. And this may not be omitted Then it is usual if it be a Corporation Recitals before and not newly created And they can find any Record of Letters Patents for it They alwayes use to recite these Letters Patents and make a Confirmation of them in the New Charter Or if they can find no Record for it but de facto they have a Corporation and hold it by Prescription then they use to recite what it is and what they have and take and have a Confirmation thereof by the New Letters Pattents And this is the best and safest way to do it And this is the Authority by which it is erected After this there doth usually follow the main part of the Charter in the setting down of the Persons to be Incorporate Name place and words of Incorporation The persons to be Incorporated the name and place of Incorporation and the words whereby the Incorporation of the persons and place is made are usually to this effect as it followeth Now know yee That We our

Grant or Direction from the King to set down all the form of Government the numbers and names of their chief and other Officers and whereof their Common-Council shall be made up and what Officers and Members there shall be how chosen sworn continued and removed to this purpose That there shall be a Mayor Recorder 6 Aldermen and Common-Council That 20 be chosen out of the Inhabitants for the Common-Council That out of these the Mayor and Aldermen shall be chosen That 12 of these 20 whereof the Mayor Recorder or four of the Aldermen or any two of them to be two shall make a Common-Council to make Orders c. How and when they shall meet To appoint what Officers shall be in the whole Corporation To say that there shall be besides the Mayor Aldermen Recorder Justices of the Peace a Custos Rotulorum a Town-Clerk Clerk of the Market and Coroner Clerk of the Peace two Chamberlains a Sword-bearer two Serjeants at the Mace one Bayliff a Clerk of the Statutes two High Constables c. To appoint how Officers and Members shall be from time to time elect To name the present Mayor Recorder Aldermen Councel-men and Officers To set down what shall be done to them that refuse the Office or place being chosen How they shall be sworn continue in their place or be removed upon death or misdemeanour and others put in And so otherwise as the Government is constituted 1. All this we look upon as Observ not necessary to be inserted in the Charter for they are not of the essence for they may govern themselves without this or haply they may do it in another manner then is set down but it is providently done and the best way to insert and expresse it in such a manner and such words as is usual let them be of what force they will in Law 2. Albeit it be expressed in the Charter that the Choyce of their Mayor Bayliffs or other principal Officers shall be by the Cominalty yet if by a long usage they have chosen them by a select number of the principal of the Cominalty or of the Burgesses although no such constitution can be shewed to warrant such Election yet this Election is good Law being intended and presumed to begin by common consent Coo. 4. 77. It is usual to have inserted in Sword Cap of Maintenance c. the Charter a Power to use a Sword Maces Cap of Maintenance Arms and such like Ceremonies And it is best so to expresse it that the use thereof may be without dislike and without Question It is usual in these Charters Justices of Peace to provide for the making of Justices of the Peace and for the exercise of their power within the Corporation to this purpose Either that the Mayor Recorder and all the Aldermen or such a number of the most Ancient Aldermen shall be always so or that they be chosen by the Corporation every year And that these so chosen shall have and execute all the power of the Justices of the Peace And that such a number of them whereof the Mayor Recorder c. to be 3 or 4 be a part may hold Sessions And that other Justices shall not intermeddle there Sometimes it is added That the Corporation may not withstanding send their prisoners for the greater offences to the County-Goal and that the Sheriff shall receive them Upon which branch we observe 1. That the best way of the Observ making of the Justices of the Peace by the Charter is the first way For we cannot approve the election of Justices by the Corporation And so this power may be limited or restrained that they may or may not hear and determine greater offences c. 2. This Grant of power is Observ good and shall be taken and may be exercised in a Corporation as when it is in other men It is usual to insert a Clause That other Officers shall nor intermeddle there to prohibit the Justices of the Peace of the County to intermeddle there in any thing concerning the Office So for the Sheriff Clerk of the Market and Coroner's Office And this is usefull and sufficient to keep them out from intermeddling there It is usual to have Grants in Felons goods Fines Issues Amercements Waiffes Estrayes c. the Charters to the Corporations of all forfeited goods of Felons Fugitives and persons outlawed in Civill Actions And all Wayffs Estrayes Treasure Trove and Deodands happening in the place The Forfeitures by Fines Issues Amercements and upon penal Statutes Recognisances forfeited at any of the Courts of the Corporation or at the Assizes or Sessions of the Peace happening upon any that live within the Corporation And post-fines Upon which Clauses these things are to be known 1. This Grant may be limited Observ or enlarged more or lesse hereof may be granted as please the Prince Observ 2. The Grant is good for so much as is in it and may be taken and used by a Corporation as by any other body Observ 3. The Law in all points as to these things is the same where the things are in the hands of a Body Politick as where they are in the hands of a natural body It is usuall to have within Exemption from serving in Offices in Juries these Charters of Incorporations a Grant to them to this purpose That the Inhabitants of the same shall not be forced by Justices of Assize Oyer or Terminer or of the Peace to serve in Offices or in Juries in the County and without the Corporation c. 1. As to this for Juries This Observ priviledge may also be limited to Juries but in case of Tryall of Land lying within the Corporation or the Juries for the Lord Protector and the like 2. This Priviledg of Exemption Observ is allowed generally and it is but resonable it should be so especially where there are Jury-men enough besides 3. The Exemption from Offices Observ also may be good and unquestionable as to Offices made by the Lord Protector and the Judges and Justices that act by his Commission and is but reasonable wherein there are enough of others to serve the Offices We have seen also a Charter Exemption from payments that hath granted an Exemption to the Inhabitants of the Incorporation from the payment of Toll Piccage and the like payments in other places And as to this Clause we say That where such a payment Observ is time out of mind to be payed and this in the Lord Protector 's own hands it may exempt But if it be in another hand and granted away before to another or another hath right to it by Prescription the Charter will not Exempt It is usual also in these Charters Retorn of Writs to grant a part of the Sheriff's Office or the Retorn of Writs to the Corporation to this purpose And that the Corporation Precincts thereof be a distinct Bayliwick and