Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	find_v	peace_n	surety_n	4,950	5	11.7378	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01292	A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1	Fulbeck, William, 1560-1603?	1601 (1601)	STC 11415; ESTC S102689	180,892	262

now being come to issue the triall is to be by the countrie which as to such matters in facto are to bee directed by the testimonie and euidence of witnesses Nonomath Well if the defendant happen to be found not guiltie what is then the iudgement vpon these precedents Codicgn It is thus Et nos Seneschallus praedictus 20. The forme of iudgement in the Ciuill law visis diligenter Iurisperitorum nostrae praesidialis Curiae consilio totius praesentis processus merit ' appensate diligenter accurate examinatis Quia per processum defensionalem dicti rei praeuenti denuntiati intitulati elicitur intentio praedicti querētis ideo exhis alijs ex processu result antibus per hanc nostram definitiuā sententiā quā pro tribunali more maiorū nostrorū sedenies in his ferimus scriptis dicimus pronuntiamus declaramus dictū reum denūtiatum praeuentum non fuisse vel esse criminū sibi impositorum culpabilem Quinimmo à dictis criminibus sibi impositis fore esse absoluendum quem eadem nostra sententia absoluimus expensas hinc inde factas in causacompensando c. Anglonomoph Our forme of iudgement is a great deale shorter for it runneth thus Ideo consideratum 21. The forme of entring iudgement at the Common law est quòd praedictus W. nihil capiat per breue suum praedictū sed sit in misericordia sua pro falso clamore suo inde praedictus P. L. eat inde sine die Nomomath Well ye haue bin long in hādling these matters of formal proceeding wherefore I wil aske you of this but one question more and then will passe ouer to intreate somewhat of cōmon trespasses wrongs resolue me first in this whether may the executor of the testator that 7. Diuision was wrōged by such diffamatorie speeches haue an action for the said slaunder after the death of the restator Codicgn It neither lieth for the executor of 1. That by the Ciuill lawe an action of iniuries will not lie by executor against executor him that is slaūdered nor against the executor of him that did slaunder because noxa caput sequitur vnlesse the suit were begūne in the life of the testator in which case the executor may well prosecute it a Insti de iniu● §. non omnes §. penales ff de miur ●miuriarum Anglonomoph It is a rule with vs that actio personalis 2. That by the Common law actio personal● moritur cum persona vnlesse it be in some speciall cases moritur cū persona yet this is not generally and indefinitely to be admitted but onely in such case where the wrōg did principally immediatly rest vpō a mans person whē as the Ciuilians say it is ita affixa ostibus vt in aliū transferri non possit b ff de pecu l. si quis ergo And therefore where one is entitled to haue a writ of accōpt or an actiō of trespasse for the taking away of his goods and is attainted of treason or felony the Queene shall haue these actiōs as forfaited to her highnes c 30. H. 6. 5. 28. E. 3. 92. but otherwise it is of a trespasse of batterie d Stamf. fol. 188. and so it hath bene pronounced for law that if a termor make wast after he maketh his executors and dieth the action of waste is gone for it lieth not against his executors e 23. H. 8. Br. Waste 138. 46. E. 3. 31. but though a couenant bee a thing merely personal yet both an executor an administrator may haue a writ of couenant f Fitzh N. B. 146. D. 2. Mari. 112. Dy. The eleuenth Dialogue of common wrongs and Trespasses NOmomath Now that ye must treate of 1. Diuision common wrōgs trespasses I doubt not but you wil be lesse troubled with my questions because such matters ar more plaine to you and to me not very difficult Notwithstanding for learning sake because I would ground my selfe vpon some certaintie of knowledge I will mooue some doubts of these matters first how many sorts or wrōgs are there Codicg Iniurie as we say is two folde for either 1. The diuerse kinds of iniuries in the Ciuill lawe it is done re or verbis re when a man is assaulted or beaten verbis when a man is slaundered and by tearmes disgraced or discredited a L. 1. ff de iniut●●s Nomomath I pray you Anglonomophylax illustrate and explaine the members of this diuision by some conuenient cases Anglonomoph Very willingly and to beginne 2. What an assault is according to the Commo law with the first an assault is made when one man menaceth an other with a weapon or staffe though neuer a blow bestroken yet this is an assault b 22. Assis pl. 60. and 43. E. 3. the writte was Quare insultum fecit vulnerauit verberauit maihemauit and it was allowed though the wrong did sound to be mayhem c 43. Assis 39. and as it was held per Curiam where a man maketh an assault it is not lawfull for any to beate him if the partie assaulted may escape with his life d 2. H. 4. 8. yet the opinion of M. Brooke is that he may beate him if he cannot otherwise escape without stripes or wounds or mayming e Br. Trespasse 71. yet the opinion of 9. E. 4. is that I may beate a man if he will take my goods from me and a seruant may iustifie a batterie in the defence of his maister f 9. E. 4. 28. 48. but the assembling of people in a warlike māner is no assault but he that is the ringleader of such assemblies before hee may be impeached of assault must doe something els as namely by vttering contumelious speeches or stretching out his armes or some other token whereby his intent may be knowen g 17. E. 4. 4. and he that commeth in companie of them that make the assault or hee which commeth to ayd them is a principal trespassor h 22. Assis pl. 43. and if a Iustice of Peace see a man doing an assault he may presently arrest him by commandement or worde to the intent that he may finde suretie of the peace i 9. E. 4. 3. and it is lawfull for one mā to beate an other in defense of his goods and chattels or of his wife k 19. H. 6. 31. 35. H. 6. 51. and a man may likewise haue an action of trespasse for the entring into his house l Fitzh N. B. 88. l. but if a man licence one to come into his house he doth a trespasse there he shal be punished for the trespasse but not for the entre which was graūted vnto him m 3. H. 7. 15. p Townes and nothing 3. That the Common law giueth an action vpon the case for a slaunder is more vsuall then