Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	peace_n	power_n	session_n	3,270	5	10.2826	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29389	Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.	Bridgman, John, Sir.; J. H.; England and Wales. Court of Common Pleas.	1659 (1659)	Wing B4487; ESTC R19935	180,571	158

50 l. for every month after such conviction and if default shall be made in any such payment that the Queen may by Proces out of the Exchequer take seise and enjoy all the goods and two parts as well of the Lands Tenements and Hereditaments Leases and Farms of such Offendor as of all other Lands Tenements and Hereditaments liable to such seisures or penalties leaving a third part onely of the said Lands Leases and Farms for the relief of such Offendor his Wife Children and Family And for the more speedy conviction of such Offendors it was enacted That upon the Indictment of such Offendor proclamation shall be made at the Assises or Gaol-delivery where such Indictment shall be made whereby it shall be commanded that the body of such Offendor shall be rendered to the Sheriff of the same County before the next Assises and Gaol-delivery and if such Offender does not appear at the said next Assises and Gaol-delivery that then upon such default recorded the same shall be sufficient conviction of such Offendor as if a Tryal by Verdict had been had and recorded And the Defendants further said that the 19 of March the first of King James the Iustices of Assise and Gaol-delivery at the Assises and the Iustices of Peace at the Quarter Sessions have authority to enquire and determine of all Recusants as well for not receiving the Communion as for not repairing to Church according to the form of the Lawes in such manner and form as the Iustices of Assises and Gaol-delivery may do and also shall have power to make proclamation whereby a Precept shall be had for the rendring the body of the Offender to the Sheriff before the next Assises or Gaol-delivery or the next quarter Sessions c. And they said that before the Information viz. at the Assises and Gaol-delivery held at Westminster 8. August 12 Jac. before Sir Henry Hobard chief Iustice of the Bench and Sir Laurence Tanfeild chief Baron of the Exchequer Iustices of Assise and Gaol-delivery in the County of Southampton the said Katherine by the Oath of Robert Pawlet Esquire c. scil nineteen in all which were sworn and charged to enquire for the King and the body of the County was indicted for that the said Katherine the first of April 11 Jac. was of sixteen years of ago and did not repair to the Parish Church of Porthchalford nor to any other Church Chappell or usuall place of Common Prayer and was there at the Common Prayer and Divine Service at any time within one month next ensuing the said first of April 11 Jac. but did abstain from the same from the said first of April for amonth contrary to the form of divers Statutes c. upon which Indictment at the said Assises and Gaol-delivery publick Proclamation was made that the said Katherine should render her body at the next Assises and Gaol-delivery to render to the King according to the Statute c. at which next Assises and Gaol-delivery the sixth of March 12 Jac. before the said Iustices the said Katherine did not render her body according to the said Proclamation nor appear upon Record whereupon the said Katherine of the Premisses whereof she was indicted was lawfully convicted and yet stands convicted according to the Statute And the Defendants further said that they the aforesaid Term of Easter next after the conviction aforesaid the said Katherine did not pay nor any of them did pay into the Exchequer according to the rate of twenty pounds for every week contained in the said Indictment nor did after the conviction in the said Exchequer so much as then did remain not payd according to the rate of twenty pounds for every month after such conviction but thereof made default which conviction afterwards viz. in the Term of S. Michael then next after the conviction as aforesaid by the said Sir Henry Hubbert and Laurence Tanfeild Iustices c. was extreated and certified into the Exchequer and so there did remain according to the form of the Statute c. and the said conviction yet does remain in full force and this they are ready to aver with that also that the said Katherine named in the Information and the said Katherine named in the Indictment are one and the same person Vpon which Plea Mr. Attorney demurred in Law and the Defendants did joyn And I conceive that Iudgment ought to be given for the King and the Informer against the Defendants In which first it is to be considered that neither the Statute of 28 Eliz. nor the Statute 35 Eliz. which give severall remedies to the King for the monthly forfeiture of twenty pounds given by the 23 Eliz. doe not restrain the Informer but that notwithstanding those Statutes any one may inform against any Recusant for not repairing to Church against the Statute of 23 Eliz. unlesse the King hath first taken his remedie against him for the same offence for that was adjudged by all the Court in Dr. Fosters Case 11 Rep. And as I beleive this will be granted and by the Defendants Councell so I will agree with them that if the Recusant be once convicted and punisht at the suit of the King he shall not be punisht for the same offence again at the suit of the Informer or otherwise for it is unjust to punish an Offender twice for one Crime And therefore the chief matter to be considered in this Case is the nature and force of this conviction against the wife and whether it be such a conviction as will bar the Informer of his Information or not And as to that first the woman is indicted here of Recusancy and proclaimed according to the Statute of 28 Eliz. and she did not render her body whereby she is convicted by this Statute but this conviction is not any Iudgment for the true words of the Statute are That if the party indicted shall not appear but make default after such Proclamation that then upon such default recorded this shall be a sufficient conviction in Law of such Offender as if a Tryall by Verdict had been had and recorded so that such default of appearance is made equivalent to a Verdict by that Statute but not to a Iudgment so that now it is to be understood that the woman in this Case is convicted by Verdict of Recusancy but no Iudgment is given And I conceive that such conviction is no Bar to the Informer For that this is a fruitlesse conviction and such a one as the King can take no advantage of and every conviction that shall make a discharge to the person convicted ought to be a legall and absolute conviction and such a one as thereby the party convicted may suffer the penalty imposed by the Law for such offence And that the King can have no benefit of this conviction is apparent for the remedy given to him by the 28 Eliz. for the penalty is to seise all the Goods and two parts of the Lands and

April And whereupon the Defendant demurred in Law And I conceive that the Action will not lie for the Arbitrement is bond because the Arbitrators have exceeded their authority First because they have no power to discharge any action or duty accrued to any of the parties as Administrators Secondly because that by the Release the Obligation it self to stand to the Arbitrement is discharged Cook 10 Rep. 131. where Moor brought an Action against Bedell upon a promise to stand to the Arbitrement of A. and B. concerning all matters then in difference between them and that was the last day of Novemb. 24 Elizab. And the 10 of Decemb. the 24 of Eliz. they did agree that Moor should pay to Bedell certain monies and that Bedell should release all demands until the 15 of June 24 Eliz. and the Defendant in consideration of this submission did assume that he would not sue any Execution upon a Iudgment And the Plaintiff there assigned two Breaches one that he did not Release the other that he sued Execution And this was found for the Plaintiff upon a non assumpsit and entire damages given and then after it was reverst by Error because that the agreement as to the Release was voyd and therefore the damages being entire the Iudgment was erroneous And Michaelm 11 Jacob. Rot. 155. Staires against Wilde wherein an Action of Debt upon an Obligation to perform an award of and concerning all matters c. And they made an Award that one should pay to the other 3 l. and that each should release all Actions and Demands and the breach was assigned in not paying the 3 l. adjudged to be a voyd Arbitrement in all because it was to release all Actions at the time of the Release which is not within the submission And Pasch 42 Eliz. Rot. 211. Knap against M●w where the condition was to perform an Award of certain things c. who did award that one should pay 20 l. to the other and that each should release all Actions and Demands and the breach was assigned in non-payment of the mony and it was adjudged that the Award was voyd And at last all the Court agreed that the Award was good as to all that was submitted to and voyd for the others and that the breach being assigned in a matter submitted to does give a sufficient cause of Action to the Plaintiff Wherefore it was adjudged that the Plaintiff should recover c. Hillar 13 Jacob. Smith against Whitbrook IN an Action on the Case for words viz. for saying to the Plaintiff the 4 Septemb. 12 Jacob. Thou meaning the Plaintiff art a Traytor and an Arch-traytor and I meaning the Defendant will hang thee or be hang'd for thee and after the 15 Septemb. 12 Jac. the Defendant did procure the Plaintiff to be brought before Sir Robert Cotton Knight and Robert Castle Esq two Iustices of Peace of the said County for Oyer and Terminer c. and did complain to the said Iustices that the Plaintiff had said and published divers Traytorous words of the King by reason whereof the Plaintiff was committed to the Goal of the said County by the said Iustices and there was imprisoned and did so remain until the next Sessions of Peace of the said County holden the 4 of Octob. 12 Jacob. before Robert Bell Knight Robert Payn Knight and other Iustices c. and the Plaintiff was compelled to finde Sureties for his appearance against the next Sessions to answer to such things as should be objected against him on the behalf of the King and in the mean time to be of good behavior c. At which next Sessions holden the 10 Janu. 12 Jac. before the said Iustices and other Iustices the Plaintiff did appear upon which the Defendant the same day and year in the publique Sessions did say of the Plaintiff I meaning the Defendant do accuse Robert Smith meanining the Plaintiff absolutely whereupon the Plaintiff was committed to the Gaol by the said Iustices and there remained in prison for the space of a month whereas the Plaintiff did never speak and Traytorous words against the King nor had committed any Treason against the King and this he layd to his damage of 1000 l. The Defendant pleaded that before the time wherein the said words are supposed to be spoken viz. the third of Septemb. the 12 Jacob. the Plaintiff having speech of the King did speak of him these Traytorous words The King meaning our Lord the King is a scupry King and so justified the several words and also the procurement of the Plaintiff to be brought before the said Iustices The Plaintiff by Protestation saith that he did not speak the said words of the King and for plea did demur in Law and the Defendant joyned Judicium And after Iudgment was given for the Plaintiff without reading the Record or having any argument because that the justification was insufficient and the Record was not read because it imported Scandal to the King Cooper against Smith IN an Action on the Case for words scil Thou and Waterman did kill thy Masters Cook meaning one Yarnton late Servant of Francis Dingley Esq and thou wast never tryed for it and I will bring thee to thy Tryal for it The Defendant pleaded Nor guilty and it was found for the Plaintiff and it was moved in Arrest of Judgment that it was not averred that the Plaintiff had a Master and that Francis Dingley was his Master but resolved that it need not be ave●●●d for if he had no Master yet it is a Scandal as if one should say Thou hast stoln the Horse of I. S. there is no need to aver that I. S. had a Horse and if everment be necessary it is averred here when he said Thy Masters Cook and there it is averred that the Cook was servant to Francis Dingley and it follows also that Francis Dingley was Master to the Plaintiff Judgment Wherefore Judgment was given for the Plaintiff Trinit 14 Jacob. Weal against Wells IN an Action on the Case for that the Defendant the 22 of Novemb. the 13 of King James crimen Felonie querenti false malitiose imposuit and did cause him to be arrested and taken for the Felonious taking and stealing of five Heifers of the Defendant and caused him to be brought before Sir Thomas Bennet one of the Iustices of Peace c. and out of malice also at the Sessions of Peace at the Guild-hall London before the Major and other the Iustices of Peace c. did cause him to be indicted maliciously and falsly for the Felony of stealing of five Steers the 23 Octob. 13 Jacob. and did cause him to be detained in the Gaol of Newgate until he was legally acquitted at the Gaol delivery the first of December the 13 Jacob. to his damage c. 100 l. and did aver the matter in the indictment to be false The Defendant said that the 18 Novemb. 13 Jacob. he was possessed

portion not payd then if the Defendant shall pay to the said Susan the said 400 l. within six weeks after the said first of May to such person to whom the said Elizabeth by the said Will ought to pay the same and shall procure good and sufficient discharge to the said Elizabeth of the said sum of and from all persons to whom the same shall be due that then all the said Obligations shall be voyd and delivered up to the Defendant cancelled and made voyd And the said Elizabeth did covenant that until manifest default was made in the premisses and the said Elizabeth shall be thereof damnified and upon reasonable request no satisfaction shall be given to her she will not take any advantage by reason of the said Obligation nor will prosecute any Suit against the Defendant or any other bound in the said Obligation And the Defendants said that the Plaintiffs nor any of them was not damnified by reason of the said Obligation in the Declaration or by reason of any of the said other Obligations and did aver the said Obligation in the Declaration and the said Obligation of 120 l. in the Indenture to be all one and that the said several days of payment limited by the Indenture nor any of them at the time of the Writ purchased were incurred Vpon which Plea the Plaintiffs demurred and the Defendant did joyn And I conceive that Iudgment ought to be given for the Plaintiffs for the Plea is utterly insufficient for divers causes And yet I do agree that although the Obligation be upon a condition yet is the Indenture a Defeasance thereof so that it is sufficient to the Defendant to perform the one or the other But the Indenture is of two parts 1. That if the Defendant shall pay to Elizabeth the daughter 500 l. and shall perform the other things mentioned in the Plea that all the Obligations shall be voyd and delivered up 2. The Plaintiff Elizabeth did covenant that until the Defendant should make default in the premisses and she should be damnified and upon request no satisfaction given to her she should not take any advantage of the Obligation nor shall prosecute any Suit against the Defendant or any other bound in the said Obligation And as to the first part I do agree that this is a good defeasance of the Obligation but the last clause is onely a Covenant and cannot be pleaded in bar of this Action brought upon this Obligation as in the 21 H. 7. 30. John de Pusetoes Case The said John and others were bound to T. who by Deed did grant to the said John that he should be quite discharged of the duty and if he be vexed or sued that the Bond shall be voyd which Case is there very largely argued but I conceive the better Opinion to be that the Bond is discharged because that the words are in effect as the words in the first part of this Indenture scil That if such act be made the Obligation shall be voyd But there Fineux said That if I grant to my Tenant for life that he shall not be impeachable for waste he shall not plead this in Bar but shall have an Action of Covenant thereupon And Brudnell put this case That if I grant to one against whom I have cause of Action that I will not sue him within a year this is not any suspension of the Action Vpon which case it is to be observed that I may sue and the other is put to his Action of Covenant And the Plea is first insufficient because he pleads that the Plaintiffs nor any of them were damnified by reason of the Bond in the Declaration or by reason of any of the aforesaid Writings obligatory in the said Indenture specified but he does not answer to the damnification by reason of the 500 l. to be payd to Elizabeth the daughter which is the principal matter to be done by the Defendant for the defeasance and in truth this Portion was due and not payd before this Suit begun The Defendant did aver that the several days of payment limited by the Indenture are not incurred and there is not any day limited for the payment of 500 l. and the truth was that it is payable at the time of the marriage of Elizabeth the daughter but this is not limited by the Indenture nor any time for the payment thereof and therefore this a verment is not good The Indenture of the Defeasance is if the Defendant shall pay the 500 l. or procure to the Plaintiff Elizabeth sufficent discharge for the same and shall provide fit maintenance for Elizabeth the daughter Whereupon I conceive that the Defendant ought to pay 500 l. and provide maintenance for the daughter or otherwise that he should procure a discharge from the Plaintiff Elizabeth and shall also provide maintenance for the daughter for her maintenance is as necessary if the mony be payd as it will be if the discharge be procured And the Defendant hath made no answer to the providing of maintenance Judgment And Michaelm 15 Jacob. Iudgment by all the Court was given for the Plaintiff Rot. 590. Trinit 16 Jacob. Margaret Evans against Wilkins IN an Action on the Case for that the Plaintiff the 12 September 15 Jacob. did retain the Defendant to be her Shepherd c. and that the Defendant in consideration of 6 d. to him payd by the Plaintiff and of 33 s. 4 d. of his Sallery to be payd to him for a year and in consideration that the Plaintiff did assume to pay the 33 s. 4 d. to the Defendant and to finde him meat drink and lodging for the said year and to permit the Defendant to have Pasture for twelve Sheep with the Sheep of the Plaintiff Did assume to serve the Plaintiff as a Shepherd for one year from Michaelmas next c. and to keep her Sheep To which the Plaintiff giving credit did not retain any other Shepherd and the Plaintiff did aver that she was ready to pay the Defendant the said 33 s. 4 d. and to provide him meat c. and to permit him to have Pasture for twelve Sheep with the Sheep of the Plaintiff yet the Defendant did not feed the Sheep of the Plaintiff although required the 4 Octob. 15 Jacob. whereby many of her Sheep dyed ad damnum 40 l. The Defendant pleaded the Statute of the 5 Elizab. whereby it is enacted That the Justices of Peace of every County or the greater part of them then resident in the County and also the Sheriff if it may be and every Major Bayly or other chief Officer of any City or Town Corporate in which there shall be any Justice of Peace within the limits of the said Town before the tenth of Iune next coming and afterwards shall yearly at every general Sessions first held and to be kept after Easter or any convenient time after Easter shall meet together and after such meeting shall call

to their assistance such discreet and grave persons of the said County or Town and shall have authority within the said Precincts of their several Commissions to rate the stipends of all Laborers and Servants c. And that every retainment promise gift or stipend against the intent of the said Act shall be voyd And he pleaded the Statute of the 39 Elizab. whereby it is enacted That after the Rates made and ingrossed in Parchment under the hands and seals of those authorized to make Rates it shall be lawful for the Sheriff of the said County or the Major of any City or Town to cause Proclamation to be made of the said Rates in so many places as shall be convenient c. And that after the making of which Act and before the tenth of June in the said Act specified scil at the general Sessions for the Peace holden for the County of the City of Glocester holden at the said City on Monday next after Easter 15 Jacob. before M. P. Major of the said City Toby Bullock and Anthony Robinson Sheriffs of the said City and John Jones and many other Iustices of Peace it was assigned ordained and ratified by them with the assent of divers other discreet and grave persons call●d to them That every Shepherd having care of fourty Sheep and above should take for his stipend with his meat and drink in mony per annum 3 l. and no more And said that the rate for the said stipend was made and ingrossed in Parchment under the hands and seals of the Major Sheriffs and Iustices aforesaid and that proclamation was made of the said Rate within the said City before the said promise and agreement and that the stipend agreed to be payd by the Plaintiff did exceed the rate of 3 l. for a year and so he said that his said promise was voyd in Law Whereupon the Plaintiff demurred in Law And I conceive that Iudgment ought to be given for the Plaintiff for the Plea is utterly insufficient for divers causes It is not averred that the Iustices who did rate the wages were the greater part of the Iustices then resident within the County and that is an authority given to them by the Statute which reposeth this trust in all the Iustices or at least in the greater part of them and therefore this authority ought to be pursued and because it is not all that they did is voyd The Plea is repugnant in it self for the rate is alledged to be made after the making of the Statute and before the tenth of June in the same Act specified scil at the Sessions the 15 Jacob. which is impossible to be so for the tenth day of June in the Act was the fifth year of Elizabeth and therefore there is a manifest repugnancy as in 21 H. 7. 34. One was indicted of Felony done the tenth of May and another was indicted for that he did suffer him to escape the first of May wherefore he was discharged The Iustices ought to call to them some grave men of the County or City and it is not alledged here that they were of the County and without them they cannot make any Rate for the Statute ordains 1. That they shall call such to them 2. That they shall confer together and consider of the plenty and scarcity and other circumstances necessary to be considered 8 H. 7. 13. The Statute of the third of H. 7. doth appoint that the Chancellor Treasurer and Privy Seal or two of them shall call to them one Lord Spiritual and another Temporal of the Kings Councel may examine maintenance c. now by this none are Iudges but the said three and the other but assistants and so is upon the Statute of 31 Edw. 1. 12. of Error in the Exchequer Chamber But agreed that it is Error if the Chancellor does not call the other to assist and to act with their advisement because the Statute doth so limit it and the 14 Ed. 4. 1. which says That the Chancellor calling to him the Iustices of the one Bench or the other hath power to award a Subpoena against such persons c. and the Chancellor himself did award a Subpoena and adjudged not good And so the Statute of Merton cap. the 3d. of Redisseisin which ordains that the Sheriff taking with him the Coroners and other lawful people shall go to the place and there enquire c. 23 Assis 7. If he goes with a Coroner onely where there are more it is not good and the same Law is if he take not others with him according to the 26 Ed. 3. 57. The Rate is onely for a Shepherd having care of fourty Sheep and above and does not alledg that the Defendant had keeping of fourty Sheep and above so that it may be he had but twenty or thirty and then there is no rate for such wages It is alledged that the Rates were ingrossed in Parchment according to the Statute but there is no place alledged and therefore it is issuable Judgment And after scil Hillar 16 Jacob. Iudgment was given for the Plaintiff by all the Court. Trinit 14 Jacob. The King and Richard Parker against Sir John Webb and Katherin his wife RIchard Parker as well for the King as himself did inform against Sir John Webb and Katherin his wife the which Katherin the 18 of May 13 Jacob. was eighteen years of age and above and was Wife of the said Sir John the which said Katherin the said 18 of May and always after until now being an Inhabitant at North-Charford in the County of Southampton from the said 18 of May until the 18 of May 14 Jacob. viz. for the space of twelve months did not come to the aforesaid Parish Church nor to any other Church Chappel or usual place of Common Prayer and did not there remain at the time of Common Prayer and Divine Service but for all the said time did voluntarily and obstinately without any reasonable cause abstain from the same contrary to the form of the Statute whereby an Action accrued to the King and the Informer to have of the said Sir John and Katherin 240 l. scil 20 l. for every month c. whereof the Informer prays a moyety c. The Defendants said that the said Statute was made the 16 of Jan. 23 of Elizab. and that after the making thereof viz in the Parliament held the 29 Octob. 28 Elizab. it was enacted That every Offendant in not repairing to Divine Service contrary to the Statute of the 23 of Elizab. who thereupon shall happen to be convicted shall pay into the receit of the Exchequer according to the rate of 20 l. for every month which shall be contained in the Indictment whereupon such conviction was had and also for every month after such conviction without any other Indictment or Conviction shall pay into the said Exchequer at Easter and Michaelmas so much as shall then remain unpayd according to the rate of