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
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66362 Eight sermons dedicated to the Right Honourable His Grace the Lord Duke of Ormond and to the most honourable of ladies, the Dutchess of Ormond her Grace. Most of them preached before his Grace, and the Parliament, in Dublin. By the Right Reverend Father in God, Griffith, Lord Bishop of Ossory. The contents and particulars whereof are set down in the next page. Williams, Gryffith, 1589?-1672. 1664 (1664) Wing W2666; ESTC R221017 305,510 423

There are 2 snippets containing the selected quad. | View lemmatised text

I resolved once more to enter into the List to follow my alwaies very honourable Friend my Lord Chancellours Advice and try the Success with him by the Verdict of an honest Jury and Lindired 6 of the Tenants and Servants of Sir Geo. Ayskue for a forcible Entry and 5 of them now the third time and I had six Counsellours help to draw and compose the Indictment and so to review it and correct it if any thing was amiss therein that being found Billa Vera by the Jury it might so stand good and not be quashed as my two former Indictments were by the Judges of the Kings Bench. And the 6 forcible Enterers being indited for fear lest the Record should be falsified and corrupted as the former indirement of them had been I got the Clerke of the Peace to send it inclosed in a Letter sealed up by my man to his Agent in Dublin to be ●elivered into the Office which mine Adversaries presently told to my Lord of Santree and was objected as a Piaculum Meaning as I conceived by the Relation that I had printed of the former Proceedings and when the Record came to the Court my Lord Chief Justice said upon the Bench that my Lord Bishop had abused the Court to whom I replied that I had not abused the Court for that I had set down nothing but the Truth and was as Ioah as any man to offer the least Abuse to any of his Majesties Courts or Judges of his Courts And after my Lord Chief Justice and my self had conferred together I found him my very honourable Friend and I retained three of the Kings Counsel to follow the said Cause for his Majesty and the Counsellours of the Fanaticks failing to quash the Indictment my Lord Chief Justice told them they must either submit or be bound to prosecute their Traverse and they became bound in 200 l. to prosecute the same upon the 10th day of Easter Term which was the sixth day of May. And when upon that day the Jury were sworn That their children and their childrens children may understand from what I will not say Canaanites but Catharis●s they are sprung Who and what my Witnesses proved viz. William Baker of Ballytobin John Pursel of Lismore William Baxter of Earlstown Isaac Jackson of K●lamery John Jones of Ri _____ Robert Hawford of Ballyneboly Nicholas Pharoe Thomas Tomlins of Lismoteag Chrystopher Render of Fadenarah John Nixon of Brawnebarn William Cheshire of _____ and Thomas Huswife of Gowran good men and true or neither good men nor true 1. I brought in evidence Mr. Sheriff Reigly who was the Sheriff that gave me possession and Mr. Connel and Hugh Linon that was thought needless to prove my possession given by the Sheriffe of the County of Kilkenny by vertue of an Order of the House of Lords of this Lordship of Bish Court the Lands thereto belonging and of the Tenements in Freshfoord as it was expressed in a Shedule annexed to the Order of the Lords upon the 29th day of April 1662. and that the Tenants did atturne Tenants and gave pieces of money in earnest of their rents and promised to keep the possession and to continue Tenants unto me during my pleasure 2. Mr. Thomas Bulkley Mr. William Williams Thomas Davies and my self proved the multitude of persons to the number of ten or twelve that upon the 8th day of October 1662. were entred into the said Bishops Court and there forcibly kept the possession against the Bishop and some one with a sword by his side and a staff or Cane in his hand and another with a long staff in his hand threatned that they would make him repent his doings and coming there and that Sir George Ayskue would spend 500 li. before he would leese this Bishops Court and that Captain Burges said he would keep and uphold the possession for Sir George Ayskue with his life and fortune and others having shut the Iron Grate to hinder the Bishop to go out or his Servants to come in when his Servants demanded what they meant to murder their Lord And desired to come in to wait upon their Master they threatned them and said that if they offered to come in there they would beat them down and knock out their Brains 3. Mr. Richard Marshal Mr. George Farre Mr. John Murphey and Ed. Dalton that proved how he was thrust out of the house by head and shoulders proved the forcible entry with arms and weapons a Gun and a Pike and Staves into some of the Tenements in Freshford and that for nine daies they kept the same with such a company of Fanaticks Anabaptists and other Sectaries that they seemed rather to be a Garrison than the keeping of the possession of any house And after nine daies they bound George Farre and others in a bond of a thousand pounds that they should continue true Tenants to Sir George Ayskue and keep the possession for him against the Bishop of Ossory And because the said George Farre proved this point so fully and so plain that nothing could be said against it one of the Fanaticks Counsellours said what I conceive was very unfit to be spoken in so publick a place and before such honourable Judges of any of the Kings Witnesses that this man the principal of the Witnesses was a parricide which I dare justifie to be most untrue 4. For impounding the Cattle and beating and wounding them that sought to hinder it the said George Farre proved the same so fully and that one of the women that was beaten lay long sick after her beating that Sir Audley Mervin and Serjeant Gruffith would not suffer three other Witnesses that I had there at the Bar that is John Duran Barbara Marshal and another Wench to be sworn and examined and so to trouble the Court any further because said they you see the Lords Justices and the whole Court are sufficiently satisfied that I had more than abundantly proved the forcible entry and detaining of this Bishops Court but they gave way to six of the Intruders Counsel to say what they could for their Clients And when each one of them had made his Oration and spent much time and my Lord Chief Justice heard them with a great deal of patience to prove what I never denied but was ready to confess all that they said touching the large Writings and Evidences that they produced to prove the Title and Interest of Mr. Robert Shea to this Bishops Court which at this time when the question was only of the forcible entry I had no reason to contradict and which perhaps might be good and perhaps not before he forfeited the same unto his Majesty But for Sir George Ayskue that for his Service How S. George Ayskue came to have this Bishops Court. you know to whom which makes me believe it will never prosper with him had a Commission from the Usurper Crummel that for 200 li. which was due unto him for
pleaded that there was an errour in the said Indictment and being somewhat long in alledging the Cases of A. and B. and of John an Oakes and John a Stile the Lord Chief Justice told him it was the last day of the Term and Motions were to be heard Therefore seeing they could not hear out the Matter now they should shew cause by the second day of the next Term why possession should not be restored Then I thought this was to keep me long enough out of my Possession and to let Sir George Ayskue have one half years rent more to the two half years Rent that he had already since I was driven out of my Possession and to let his Counsel have time e ough added to what they had already to pick as many holes as they could find or could make in mine Indictment but considering that as the Poet saith Levius fit patientia quicquid corrigere est nefas I went away and said nothing But upon the second day of the next Term which was appointed for the hearing of it the Kings Atturney moved for possession and the Counsel of the other side began to plead the errours of the Indictment but the pleading was presently put off and it was prosecuted the next day The Kings Atturney being not there and the main errour that was of any moment and which was neither seen nor toucht the Term before by Sir George his Counsel for all other things alledged as my Counsel said were but trifles could easily be answered was that in the Indictment it was said Per Sacramentum quindecem virorum whereas it should be Per Sacramentum proborum legalium hominum comitatus Kilken predict extitit presentat which words were all left out of the Indictment and the other words put in the room of them Then I stood up and said I was certain the words quindecim virorum were not in the Indictment that was found by the Jury and that all the other words were in it because that my self had examined it and read it and had likewise a Copy of it under the hand of the Clerk of the Peace which was examined with the Original by my self And I offered in open Court to make Oath of all this but the Lords Justices answered that they could not proceed but according to the Record that was returned to the Court which they must conceive to be the true Record And I answered That I hoped they would not judge according to that Record which I would swear was false and corrupted and not the true Record nor according to the Record that was found by the Jury yet I could not prevail to have the Clerke of the Peace sent for and to bring the original Record to be shewed in the Court therefore by the next day I brought this Affidavit in writing THe Right Reverend Father in God Griffith Lord Bishop of Ossory this day made oath before me that he had sundry times perused the original Indictment and Record of Forcible Entry found by a Jury of the County of Kilkenny upon the 18th day of December last past against the said Defendants in the Custody of one Nicholas Halpenny who as is alledged is either Clerk or Deputy Clerk of the Peace for the said County and that the said Indictment and Record being removed into this Court Pursuant to his Majesties Writ of Certiorari this Deponent did peruse the said Record so transmitted by the said Halpenny and doth find upon view and examination thereof that there are sundry Circumstantial and substantial words which are in the said original Indictment found by the Grand Jury omitted to be returned and as this Deponent believes and remembers other words are inserted therein by the Clerk that returned or drew up the same He further deposed That before the Record was returned into this Court he had a Copy of the said Original attested under the hand of the said Halpenny which he doth find upon examination to be different from the Record now lodged in this Court by vertue of the said Certiorari and that as this Deponent is credibly informed and verily believeth the said Certiorari and Record now returned was for the space of one month or thereabouts in Dublin detained in the hands of Mr. Patrick Lambert who is said to be Atturney for Sir George Ayscue Knight the pretended Proprietor of the premises in the Indictment contained before such time as he returned the same and that this Deponent could not have the said Record returned ere that he had by the Court a conditional fine imposed upon the Clerk of the Peace or his Deputy for his neglect in not returning thereof And then my Counsel moved that it might be read and so it was And I shewed to their Lordships what great wrong and abuse this was to me and an injury to his Majesty to have the Record falsified and corrupted and protested in the open Court that so long as I could either speak or go I would not suffer this abuse to pass unexamined and at last with much ado I got the Lords Justices to grant their Writ to enjoyn the Clerke of the Peace to appear upon the Saturday following to answer such things as should be objected against him sub paena c. librarum at which time he came and I went with him to my Lord Chief Justice his house to shew him the original Record and how it was falsely transcribed and not according to that which was brought into the Court but my Lord Chief Justice seeming as I conceived somewhat angry said he would hear nothing nor see any thing but what should be shewed in Court and then the Clerke of the Peace came with me to the Court and when he was called he confessed the truth that the Record transmitted to the Court was not according to the original Record but was falsely written by his Clerke that he trusted to write it altogether unknown to him then my Counsel moved that the Record might be amended according to the original Record but the Lords Justices answered that they could not alter the Record brought into the Court And the King● Sollicitor Mr. Temple very honestly replied they might if they pleased have it amended for that in such a case some errour or mistake was found in an Indictment in the time of one Clerke of the Peace and it was ordered to be amended pro rege in the time of another Clerke of the Peace the Lord Chief Justice answered this Indictment was brought into the Court the last Term and therefore it could not be amended this Term. Then I replied It should have been brought in in the beginning of the last Term but it was concealed till the last day of the last Term and this errour then was neither seen nor spoken of and how could we move then to have it amended before we knew the falshood and corrupting of it which was no waies perceived till this time Yet for all that I could