Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	john_n	lord_n	robert_n	9,281	5	9.9410	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45254	The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.	England and Wales. Court of Common Pleas.; Hutton, Richard, Sir, 1561?-1639.	1656 (1656)	Wing H3843; ESTC R14563	150,299	158

and Iudgment against the Plaintiff 8 E 4. 3. 21 E 4 2. Lit. 264. b. 20 E 4. 17. If the Debtee makes the Debtor and others his Executors the Debt is discharged Mich 9 Car. Banco Regis Rot 373. Anne Dorchester Executrix of Anne Row Dorchester and Webb Plaintiff against William Webb in Debt upon an Obligation of five hundred pounds the Defendant demanded Oyer wherby it appears that the Defendant and one John Dorchester were obliged joyntly and severally in the said Obligation The Defendant plead in Bar that the said John Dorchester made the Plaintiff his Executrix who proved the Will and had Goods sufficient in her hands to pay the said Debt The Plaintiff reply that before the death of the said Anne Row the Obligee she had fully Administred all the Goods of the said John Dorchester Demurrer and Iudgment for the Plaintiff And in this case it is not shewn that the said Francis and Peter or any of them proved the Will of the said Obligee or that they administred his goods or that they had any goods of the Obligor to administer at the time of the death of the Obligee as it ought to have been shewn And the said Francis Executor of the Obligee and also of the Obligor refused to be Executor to the Obligee and never Administred and never meddled with the Goods of the Obligee and so the Debt is not released in Law as by the said Case and former Iudgment appears This case had been often argued by Serjeant Hedley and of the other part by Serjeant Hitcham and affirmed that once Iudgment was given for the Defendant but it yet depends Trin. 12 Car. MEmorand Vpon Petition exhibited to the King by the Prisoners of quality which were in execution in the Fleet Liberty may not be given to Prisoners by force of a Habeas Corpus Kings Bench and Marshalsey to have liberty in the time of Infection and for preservation of their lives to have liberty by Writs of Habeas Corpus to go into the Country upon security to be given to the Warden and Marshall for their return The King out of his great care of their safety referred their Petition to the Lord Keeper Coventry and that he with the advice of the Iudges should consider by what way it might be done And the eighteenth day of June we attended the Lord Keeper at Durham-house And therupon conference and consideration of a former Resolution which was at Reading in Mich. Term last before the said Lord Keeper where were present all the Iudges besides my self That these abusive Habeas Corpus were not lawfull and that the Warden and Marshall were then called and warned that they should not suffer their Prisoners to go into the Country as they had used to do by colour of such Writs This which followes was subscribed WEE are of Opinion that the Writ of Habeas Corpus is both Ancient and Legall But as the Writ doth not so no Rule can Authorize the Keeper of the Prison to give liberty to his Prisoner by colour of such Writ but the same is an abuse against Law and an Escape in the Keeper if he let the Prisoner go by such Writ We find that neither in the twenty fourth year of Eliz. when the Term was Adjourned to Hertford Nor in the 34. of Eliz. in which year it was Adjourned to Hertford Nor in the 35. of Eliz. in which year it was Adjourned to St. Albans Nor in 1 Jac. in which year the Term was Adjourned to Winchester Nor in the first of King Charles in which year it was Adjourned to Reading In all which years there were great and dangerous Infections of the Plague there was no such course to set Prisoners out of Prison by Habeas Corpus but we find it a Novelty begun of late years But We think that if the danger of Infection shall grow so great as it shall be found necessary to provide for the safety of the Prisoners who may at all times provide for themselves by paying their Debts and yeilding obedience to Justice then a course may be taken that some certaine house may be assigned for the Warden of the Fleet in some good Town remote from the Infection and the like for the Marshall of the Kings Bench in some other Town where they may remove such Prisoners as have been Petitioners to his Majesty and there keep them as Prisoners Sub arcta salva Custodia as they should be kept in their proper Prisons and not to be as House-keepers in their own houses and by this means they will have the like to avoid the Infection as other Subjects have and not make the Infection a cause to abuse their Creditors or delude the course of Justice John Bramsion 1. Richard Hutton 2. George Crooke 3. George Vernon 4. Francis Crawley 5. Humph. Davenport 6. William Jones 7. Thomas Trevor 8. Robert Barkley 9. Richard Weston 10. To Sir John Bramston Knight Lord chief Justice of England My very good Lord I Have acquainted his Majesty with your resolution and your Brethren about Writs of HABEAS CORPUS his Majesty doth exceedingly approve the same And hath commanded me to let you know that his Majesty would not recede from that which you have certified And praies you and the rest of my Lords the Judges to observe it constantly attending to that resolution under your hands Hampton Court 19 June 1636. Your Lordships assured Tho. Coventrey C. S. Mich. 14 Car. MEmorand That 28. Aprilis 14 Car. Iustice Hutton argued in the Exchequer Chamber in the Case Adjourned thither upon a Sc●re facias by the King against Hampden for Ship-money in which he was of opinion that as well for the matter as for the form upon divers exceptions to the pleading Iudgment should be given against the King Afterwards viz. 4. Maij. Thomas Hanson Batchelor of Divinity and Parson of Creake in Northamp came to the Court of Common Bench Iustice Hutton and Iustice Crawley then being there giving Rules and Orders and said Words against Justice Hutton I accuse Mr. Justice Hutton of high Treason for which he was committed to the custody of the Warden of the Fleet by Iustice Crawley and after by the direction of the King he was indicted in the Kings Bench and convicted and fined to five thousand pounds to the King And Iustice Hutton preferred his Bill against him there and recovered ten thousand pound Dameges Lord Digbies Case MEmorand That in the Parliament holden primo Car. It was resolved by the Iudges upon conference concerning the Lord Digby That when any Peer shall be proceeded against for Treason that ought to be by Indictment and that being done Where tryall of Treason by the Statute of 3 Jac. cap. 4. shall be and how then the King is to appoint a Peer to be Steward for the time and then to proceed to Arraign him or otherwise to transmit this Indictment by Certiorari to the Parliament and there

in a Garden then minutae decimae And it was agreed by the Court that it might have been so found that it should be Majores decimae and pr●●diall as if all the Profits of the Parsonage consist of such Tithes And so of other things which in their own nature are minutae may become majores if all the profit of the Parish consist therin As in some Countries a great part of the Land within the Parish is Hemp or Lime or Hops there they are great Tithes and so it may be of Wholl and Lambs Beddingfields Case Pasch 3 Jac. in the Kings Bench Beddingfeilds case Farmer to the Dean and Chapter of Norwich who had the Parsonage Impropriate and had used to have Tithes of Grain and Hay and the Vicar had the small Tithes And a Feild was planted with Saffron which contain forty acres And it was adjudged that the Tithes therof belong to the Vicar Potmans case There was a Case in this Court as it was vouched by Henden 3 Jac. between Potman a Knight and another And the question was for Hops in Kent and adjudged that they were great Tithes but as for Hops in Orchards or Gardens these were resolved to belong to the Vicar as Minutae decimae There was a Case in this Court for tithe of Weild which is used for Dying and that was in Kent and it was sown with the Corn and after the Corn is reaped the next year without any other manurance the said Land brings forth and produce Weild And that was a speciall Verdict whether the Vicar shall have the tithe of it or the Parson but one of the parties died before any Iudgment And if Tobacco he planted here yet the tithes therof are Minutae decimae And all these new things viz. Saffron Hops Wood c. if it doth not appear by materiall circumstances to the contrary shall be taken as Minutae decimae And so this case was adjudged for the Defendant Hil. 1 Car. Townley versus Steele FRancis Townley and three others the Executors of William Peacock brought a Writ of Ravishment of Ward against Richard Steele and Anne his Wife for the Ravishment of the body of Ralph Smith Cosin and Heir of Ralph Smith In Ravishment of Ward brought by Executors are Non-suited whether they shall pay costs and count of the Tenure by Knights-service in Ralph Smith of William Peacock and that Ralph Smith died the said Ralph his Cosin and Heir being within age and that William Peacock the Testator seised of the body and died possessed therof and made them his Executors and they being possessed of the said Ward the Marriage of whom belong to them the Defendants Rapuere illum abduxere And upon Not guilty pleaded the Iury was at Bar and the Plaintiffs after Evidence were Non-suited And whether the Defendants shall have costs in this case was the question upon the Statute of 23 H. 8. cap. 15. or by the Statute of 4 Jac. cap. 3. And it being argued by Davenport and Attho the Court this Term the chief Iustice being absent gave their opinions And Iustice Crook argued that they should not have costs and put many cases when Executors bring actions they shall not pay costs and so is Common Experience after the Statutes which is the best Interpreter of the Law And if it should be otherwise Executors would be discouraged to bring actions for the debts of their Testator And Iustice Harvy was of the same opinion but Iustice Yelverton and Hutton to the contrary And they agreed that in all actions brought by Executors upon Contracts Obligations or other things made to the Testator there shall be no costs for that is not within the Statute viz. Contracts or Specialties made to the Plaintiff or if an action be De bonis asportatis in the life of the Testator or upon any Tort supposed to be done not immediatly to the Plaintiff there shall be no costs because that the Statute gives not costs in these cases 20 Mariae Debt upon a Demise for years if the Plaintiff shall be Non-suited there shall be costs for it is upon Contract though in some sort reall But in this case though the Plaintiffs are named Executors and their Title is derived from their Testator yet the action is brought upon an immediate Tort done to themselves and it is within the very words of the Statute and this Statute which is to prevent Vexatious Suits shall be taken favourably If Executors have a Lease for years and they demise it rendring rent and for Rent arrear they bring an action it shall be in the Debet and Detinet and they shall pay cost if they be Non-suited and yet their Title is as Executors but it is founded upon their own Contract so if they bring an action of Trespasse for the taking of Goods which came to their possession which Goods were in truth tortiously taken by the Testator and he died possessed therof and they being Non-suited they shall pay costs And Executors in actions brought against them shall pay costs and if they have no Goods of the Testator it shall be De bonis propriis And vide that upon Contracts made by them or Rent arrear in their time the action shall be in the Debet and Detinet vide Coke lib 5 Hergraves case But when Debt in brought by Executors and recovery had and after a recovery an escape and Debt upon this escape this shall be in the Deticet only according to the first cause of action And this Ravishment of Ward is an action within the Statute of 23 H 8. and the Statute of Westminster ● gives no Damages and therfore costs by the Statute of Glocester cap 1. and the Statute of 4 Jac. inlarge the actions and not the persons Hil. 1 Car. Beverley versus Power VPon an Assembly this Term of all the Iustices at Serjeants Inne by vertue of an Order of the Star-chamber made the last Term at reading the Case was Iames Beverley was Plaintiff against Robert Power Pardon and Mary Beverley and others which Bill was exhibited Hil 16 Iac. and the Bill was for scandalous matter not examinable in this Court and for other matter which was examinable and Witnesses examined and published And then the 19. of Febr. 21 Iac. the generall Pardon is made by Parliament by which all Offences Contempts and Misdemeanors del 20. Decemb. before except such Offences contempts c whereof or for which any Suite or Bill within eight years before was exhibited into the Star-chamber and there remaining to be prosecuted this last day of this present Parliament And afterwards viz. Mich. 1 Caroli the Cause came to hearing at the Suit of the Defendant and upon the hearing Power was fined two hundred pounds and for the abuse and contempt to the Court for exhibiting the scandalous matter the Plaintiff was fined five hundred pounds and for damage to the Defendant five hundred marks And yet because of the difficulty

to proceed vide 10 E 4. 6. 1 H 4. 1. vide Coke Lit fol 261. b. Or otherwise to prefer a Bill in the Parliament which ought to be passed by both houses and then it is Attainder by Parliament and so it was done 5 R 2. 54. But in this Case it being that part of the Treason objected against him was supposed to be done Oust le mere and made Treason by the Act of 3 Jac cap 4. that cannot be tryed but by Indictment to be taken before the Iustices of Assise and Gaol-delivery where the party was taken or before the Iustices of the Kings Bench and Law Custome Statute or usage to the contrary notwithstanding And so it cannot be tryed by the Statute of 35 H 8. cap 2. in what place or Shire that the Kings Bench shall be for this Statute had for this Treason prescribed a speciall form of Tryall and the place where he shall be taken shall be expounded the place where he is misprisoned as upon the Statute of Soldiers And he which is charged to have two Wives living shall be tryed in the place where he is taken which is the place where he is imprisoned vide 2. Inst 49. Trin. 12 Car. Quaeries concerning Aliens QUaeries upon the Statutes of 1 Riz cap 9. 1 H 7. cap 2. 14 H 8 cap 2. the Decrees in the Star-chamber made 20 H 8. and confirmed 21 H 8. cap 16. 22 H 8. cap 8. 32 H 8. 16. and other Statutes concerning Aliens and the Statute of 5 Eliz cap 4. 1. Whether the Statute of 5 Eliz. cap 4. doth repeal the former Statutes concerning Aliens taking Apprentices Iourny-men and Servants 2. Whether Aliens made Denizens may use any handycraft within the Realm otherwise then as Servants to the Kings Subjects Memorand That on the seventh day of July We met at Serjeants Inne in Fleetstreet Mr. Attorney-generall being there and We debated the matter and upon perusall of the Statute of 1 R 3. cap 9. and the other Statutes And upon some mis-recitall of the Statute 1 R 3. by the Statute 32 H 8. cap 16. And upon differences of the Printed Statute from the Parliament Roll as was supposed upon shewing of an old Book of Statutes which was in French and brought by my Brother Crook and upon the intricacy of the Statute We could not resolve on the suddain upon these Questions at this time nor unlesse the Parliament Roll might be seen But upon perusall of the Statute of 5 Eliz cap 4. We all resolved and agreed That all Aliens and Denizens are restrained by the Statute of 5 Eliz cap 4. That they may not use any Handycraft mentioned in the said Statute Resolves upon the Statute of 5 Eliz. cap. 4. concerning Aliens unlesse they have served seven years as Apprentices within this Realm according to the provision of this Statute This was set down in writing by Sir John Banks his Majesties Attorney Generall present Sir John Bramston chief Iustice of England Sir John Finch chief Iustice of the Common Bench Sir Humphrey Davenport chief Baron Baron Denham Iustice Hutton Iustice Crook Baron Trevor Iustice Crawley and Baron Weston the other Iudges being absent viz. Jones and Vernon Hil. 12 Car. Souser versus Burton ONe Widow Souser brought an action of the Case against Burton for these words Thou old Witch thou old Whore leave oft thy witching or else thou shalt be hanged or burned if I can do it And upon Not guilty pleaded and Verdict for the Plaintiff it was moved in Arrest of Iudgment And it seemed to Lord Finch Hutton and Vernon that the action lay not without shewing that she did any act of Witchcraft for which the pain of Pillory and Imprisonment for two years should be inflicted and the second time Felony And that the words Words Thou art an old Witch or go away thou old Witch are usuall words and old Whore bears no action And as to say Thou shalt be hanged if I can do it it is not possible that he could do it But Iustice Crawley doubted of it at first because that it was alledged that it had been adjudged in the Kings Bench that an action lies for calling one Witch But afterwards he said that he had spoken with the Iustices of the Kings Bench of their reason who said that they adiudged no such thing unlesse that he spoke further that the party had done any act of Witchcraft punishable by the Statute Hugles versus Drinkwater AN action of Account by William Hugles against Thomas Drink-water for receit of eighteen pounds In Account payment by appointment of the Plaintiff is no plea before the Auditors where the Issue was Ne unques receivor by the hands of one William Appowell to the use of the Plaintiff the Defendant plead Ne unquer receivor per manus c. and found or the Plaintiff And the Defendant before the Auditors plead that he by the appointment of William Appowell had paid it to one John Marsh for the Debt of the Plaintiff and therupon Demurrer And adjudged a bad Plea and against his former Issue And the said Appowell by whose hands he received the said summ had not any power to appoint the Defendant to pay it to John Marsh to whom the Plaintiff was indebted and if that had been pleaded in Bar of the Account to have been done by the appointment of the Defendant it had been a good Bar vide Dyer 29. 196. after ne unques receivor and the truth was that he had been Receiver and had paid it over by the appointment of the party and yet by this Plea be hath lost the advantage therof An. 2. Car. MEmorand That the 19. day of May An 2 Car. all the Iudges being assembled at Serjeants Inn in Chancery Lane by the commandment of the King the Attorney Generall propounded In what cases a prisoner arraigned shall have Councell that the King would be satisfied by our opinion Whether any person which is arraigned of Treason of Felony ought by the Fundamentall Lawes of this Realm to have Councell And We all una voce answered That when any one is indicted of Felony or Treason or any other such offence the party ought not to have any Councell unlesse it be upon matter in Law as where he demand Sanctuary or plead any speciall matter and that is agreed by Stamford fol. 151. Also this extends as well to Peers of the Realm as to others vide 1 H 7. 23. and the 9 E 4. 2. and so it was agreed by all that although the party shall have Councell in an Appeal of Murther yet if he be non-suited and the party be arraigned upon the Declaration then he shall have no Councell Also it was resolved that when the party who prosecute suppose that the Grand Iury will not find the Invictment and therfore requires that the Evidence should be given publickly to the Iury at Bar which is sometime done yet the party who