Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	baron_n	earl_n	viscount_n	17,931	5	11.9058	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38733	Tryals per pais, or, The law concerning juries by nisi-prius, &c. methodically composed for the publick good, in the 16th year of the reign of our Soveraign Lord Charls the Second, King of England, Scotland, France and Ireland, &c. by S.E. of the Inner-Temple, Esquire.	Euer, Samson.	1665 (1665)	Wing E3411; ESTC R42019	90,716	264

of the residue And if others be joyned with the Lord of Parliament yet if there be no Knight returned the array shall be quashed against all So in an attaint there ought to be a Knight returned to the Iury. And when the King is party Where the King is party as in travers of an Office he that traverseth may challenge the array as hereafter in this Section shall appear And so it is in case of life And likewise the King may challenge the array and this shall be tryed by Tryors according to the usuall course The array challenged on both sides shall be quashed And if two estrangers make a Pannel and not in favourable manner for the one party or the other and the Sheriff returns the same the array was challenged for this cause and adjudged good If the Bayliff of a Liberty return any out of his Franchise the array shall be quashed as an array returned by one that hath no Franchise shall be quashed Challenge to the favour Challenge to the array for favour He that taketh this must shew in certain the name of him that made it and in whose time and all in certainty This kinde of Challenge being no principal challenge must be left to the discretion and conscience of the Triors as if the Plaintiff or Defendant be Tenant to the Sheriff this is no principall Challenge for the Lord is in no danger of his Tenant but è converso it is a principal Challenge but in the other he may challenge for favour and leave it to tryall So affinity betwéen the Sonne of the Sheriff and the Daughter of the party or è converso or the like is no principal challenge but to the favour but if the Sheriff marry the Daughter of either party or e converso this as hath béen said is a principall Challenge For the King or the like But where the King is party one shall not challenge the array for favour c. because in respect of his allegeance he ought to favour the King more But if the Sheriff be a Vadelect of the Crown or other meniall servant of the King there the challenge is good and likewise the King may challenge the array for favour Note upon that which hath béen said it appeareth To me Array that the challenge to the array is in respect of the cause of unind●fferency or default of the Sheriff or other Officer that made the Return and not in respect of the persons returned where there is no unindifference or default in the Sheriff c. for if the challenge to the Array be found against the party that takes it yet he shall have his particular challenge to the Polls In some Cases a Challenge may be had to the Polls and in some Cases not at all To the Polls Challenge to the Polls is a challenge to the particular persons and these be of four kinds that is to say Peremptory Principall which indure favour and for default of Hundredors Peremptory this is so called because he may challenge peremptorily upon his own dislike Peremptory Challenge without showing of any cause and this only is in case of Treason or Felony in farem vitae and by the common ●aw the prisoner upon an Endict●nt or Appeal might challenge ●hirty five which was under the ●●her of the thrée Iuries but now the Statute of 22 H. 8. the number 〈◊〉 reduced to 20. in petite Treason ●urder and Felony and in Case of ●●gh Treason and Misprision of high Treason it was taken away by the Stat. of 33 H. 8. but now by the Stat. of 1 2 Phil. Mary the Common Law is revived for any Treason the prisoner shall have his Challenge to the number of 35. and so it hath béen resolved by the Iustices upon conference betwéen them in the Case of Sir Walter Releigh and George Brooks But all this is to be understood when any subject that is not a Péer of the Realm is arraigned for Treason or Felony But if he be a Lord of Parliament and a Péer of the Realm and is to be tryed by his Péers No Challenge of Peers he shall not challenge any of his Péers at all for they are not sworn as other Iurors be but find the party guilty or not guilty upo● their Faith or Allegeance to th● King and they are Iudges of th● fact and every of them doth separately give his Iudgment beginning at the lowest But a subject under the degrée of Nobility may in case of Treason or Felony challenge for just cause as many as he can as shall be said hereafter In an appeal of death against divers they plead not guilty and one ioynt Venire facias is awarded if one challenge peremptorily he shall be drawn against all Otherwise it is of several Venire fac Note that at the common Law before the Stat. of 33 E. 1. the King might have challenged peremptorily without shewing cause but only that they were not good for the King and without being limited to any number but this was mischievous to the subject tending to infinite delayes and danger And therefore it is Enacted Quod de caetero licet pro Domino Rege dicatur quod ju●ores c. non sunt boni pro Re●● non propter hoc remaneant in●●sitiones c. sed ass●gnent certam ●●sam calumniae suae c. whereby 〈◊〉 King is now restrained Principal so called Principall Challenge to the Polls because if it is found true it standeth sufficient 〈◊〉 it self without leaving any thing 〈◊〉 the Conscience or discretion of the Triors Of a principal cause of challenge to the Array we have hi● somewhat already now it followeth with like brevity to speak of principal Challenges to the Polls that is severally to the persons returned Principal Challenges to the Poll may be reduced to four heads To the Polls first Propter honoris respectum for respect of Honour Secondly Propter Defectum for want or default Thirdly Propter Affectum for affection or partiality Fourthly Propter Delictum for Crime or Delict First Propter Honoris respectum As any Péer of the Realm Principall Chall nges to the Polls or Lo●● of Parliament as a Baron Viscount Earl Marquess and Duke for these in respect of Honour and Nobility are not to be sworn 〈◊〉 Juries and if neither party will challenge him Propter honoris respectum he may challenge himself for by Magna Charta it is provided Quod nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum aut per legem terrae A Peer may challenge himself Now the Common Law hath divided all the subjects into Lords of Parliament and into the Commons of the Realm Peers and Commons The Péers of the Realm are divided into Barons Viscounts Earls Marquesses and Dukes The Commons are divided into Knights Esquires Gentlemen Citizens Yeomen and Burgesses