Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	day_n	henry_n	king_n	11,333	5	3.8571	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54684	The antiquity, legality, right, use, and ancient usage of fines paid in chancery upon the suing out, or obtaining some sorts of original writs retornable into the Court of Common-Pleas at Westminster / by Fabian Phillips ...	Philipps, Fabian, 1601-1690.	1663 (1663)	Wing P2005A; ESTC R31118	24,218	54

Session as they there are called did no longer ago then in anno 1606 in the Reign of King James the sixth by his Commission limit and set down the Prices or Fees to the Director of the Chancery which varied according to the qualities of the persons and values of the matters or things as twenty shillings Scots money for a second or third Precept and for a Summons of Errour past the quarter Seal four pounds Scotish money and to the Keepers of the Signet ten shillings Scots money for a Summons which were ratified by Act of Parliament in that Kingdom in anno Dom. 1621. And do at this day keep their Chancery and the Fees and Profits thereof so high as for a Defendants entring into a Recognizance or Obligation in a Suit depending before the Lords of Session or Court of Justice so called which with us without passing the great Seal would not have cost twenty shillings being to pass the Seals in their Chancery no less then fourty pounds Sterling is demanded for the incident charges thereof Long before which and many of those or the like Customs in other Nations the payment of Fines in England upon Original Writs issuing out of the Chancery did by imitation of the Greeks and Romans or the light and law of Nature and the same or a like reason very early come unto us As may be perceived by that Law of King Ina in anno 720. when the Defendant did pignora deponere ante litem aestimatam And by the Wytas Overseunesses and emendationes pacis paid to the King in the time of our Saxon Ancestors and King Henry the 1. and the Sachas which were in that nature paid in those days to the Lords of Mannors upon Suits or Actions in their petty Courts And it appears by the Fine-Rolls in the Reigns of King John H. 3. E. 1. E. 2. and until 25 E. 3. that Fines were paid upon very many if not all manner of Writs Original issuing out of the Chancery and even upon Actions of Trespass and being since 25 E. 3. by the grace and favour of the Chancery and Chancellors notwithstanding divers Petitions in Parliament in that Kings Reign to some of which he had given negative Answers and to others referred them to the Chancellor to deal favourably with them therein reduced to that which they now are viz. where the debt or damage demanded and expressed doth exceed the sum of forty pounds there is onely paid six shillings and eight pence from thence to one hundred marks and thence to one hundred pounds ten shillings and so proportionably according to that rate as the sum of money demanded and expressed shall exceed the sum of one hundred pounds Which probably might be so limited or restrained by occasion of a petition of the Commons in Parliament in the 25 year of the Reign of King E. 3. where they did pray That les graces de la Chancellarie pour briefs avoir ne sont desormes si dures nési Estreites come ore ont estre de novel quar home en prent ore en la Chauncellerie Fins de chescun maner de briefs ceux Fins serront paier maintenant en le Haneper que de ceo en arere ne estoit fait quel chose est si grant damage au peuple que gentz ne poient leur droit poursuier par reasone de le grant charge susdite en gran●●rrerissement de profit le Roy. To which the King answered Il plest au Roy que le Chaunceller soit si gracious come il purra bonement sur le grant des briefs considerant l'estat des persones quiles pourchasent And may with probability and warrant enough be well conjectured to have been if not as those ancient Deposita's which the Romans and the Civil Laws might long before have introduced or as the customs in the Empire or large walk or extent of the Civil or Caesarean Law have brought into a well-allowed Praxis yet as Honoraria's or Oblata's Retributions or Free-will-offerings of the people for favours received Of which some of the Fine-rolls of King Johns time do bear that Title Where it appeareth that Abbas de Burgo dat Domino Regi unum Palfridum pro habendo brevi de nova disseisina Johannes le Tanner dat dimid marcam pro habendo Pone coram Justic. domini Regis apud Westemonasterium Magister Honorius Archidiaconus Richemund dat unum Palfridum pro capiendo quosdam Excommunicatos And before the custome of giving or assessing Costs either to Plaintiffs or Defendants the Plaintiff could not as appeareth by the form of the Original Writs mentioned by Glanvil Lord Chief Justice of England when he wrote his Book de Consuetudinibus Angliae in the Reign of King Henry the second prosecute his Action upon an Original VVrit which was then for ought appears to the contrary long before used and accustomed nor have any thing done by the Sheriff to whom it was directed or any process out of the Court of Common Pleas where it was made retornable before he had put in to the Sheriff two real Sureties or Pledges de clamore suo prosequend which for some Ages after continuing it was in 36 Edward the third ordained by Act of Parliament That Costs should be taken before the Justices in the presence of the Pledges and that the Pledges know the sum of their Fine before their departing But it being afterwards found to be an obstruction of Justice and a denial or delay of it where poor men or of low and mean condition were not able or could not without great trouble or inconveniencies before-hand procure Sureties in their Suits or seeking for Justice especially against rich or potent Adversaries although the Judges did by discretion of Court not seldome as the Records do witness propter paupertatem dispense with the putting in of Sureties to prosecute it did by reason of a more rational or speedy way and course of taxing or assessing Costs and putting it in the same execution for the principal debt or cause of Action grow into a desuetude and a meer formality of retorning Pledges or Sureties for the payment of the Costs to the party vanquishing and the Fines which were before carefully collected for the King and together with the Misericordia's which upon non Prosequendo's and upon every Judgement are now onely entred with a Misericordia in the Margent and made a considerable Revenue to the King as by the Estreat-Rolls of the Iters or Circuits in the Reign of King Edward the first may appear being not now imposed the feigned and usual names of John Doo and Richard Roo to avoid alterations in the Formula's or Proceedings of the Law and the evil consequences which do often happen by Innovations do onely yet remain to tell us the former reason and designe of the Law therein Which payments of Fines upon the suing out of Original Writs in debt for sums of mony for which

Fines are to be paid according to the usage and course of Chancery may be as warrantable as that which is not to this day complained of or denied upon Writs of Formedon and other real Actions but willingly paid in to the Hanaper in Chancery or that profit which heretofore came to the King upon Writs of Assize of Novel disseisin where the Sheriffs did before the Statute of Westminst 2. take an Ox of the Disseisee or of him which purchased an Assize and were by that Statute commanded that they should not upon Writs of Assize which were then the usual remedies in many real Actions and sometimes in Trespass from thenceforth take an Ox of the Disseisee but of the Disseisor only nor receive any Ox but of five shillings price or value Or the half Mark usually paid by the Tenant or Defendant upon the Mise joyned in a Writ of Right that the grand Assize might enquire of the time that the Demandant alleadged he was seized of the Lands in question for it seemeth saith Littleton who was a Judge and wrote his Book after the fourteenth year of the Reign of King Edward the fourth that the grand Assize ought otherwise to be charged onely to enquire of the meer Right and not of the Possession c. And was no selling and bargaining for Justice as some have groundlesly supposed and may rectifie their errours by a due consideration that for our Magna Charta it self which was confirmed in the ninth year of the Reign of King H. 3. and wherein nulli vendemus Justitiam is provided and ordained the people of England did give to the King the fifteenth part of all their Moveables that in the levying of Fines for common assurance there is and hath been anciently a Dat. Domino Regi mony given or paid to the King pro licentia concordandi in the Court of Common Pleas at Westminster that for private Acts of Parliament at this day as well as heretofore Fees to the Speaker of the House of Commons and the Clerks thereof are usually paid without any sale of Justice or contradiction supposed of that branch of Magna Charta that in the Statute of 18 E. 3. and the Oath thereupon given to the Judges that they shall take no gift or reward nor any Fee of any person there is an exception unless it be meat drink or of small value For by the same reason that Fines upon some Original Writs for they are but upon some few are supposed to be a selling of Justice the Cursistors Fees ordained by the Statute of Westminster the second in anno 13. E. 1. to be but a penny for every Writ which the price of victuals and way of livelyhood which is now a great deal more then formerly considered amounts unto as much as ten pence for every Writ and will not now buy as it would do then the sixtieth part of an Ox which was then valued but at five shillings and the Fees of the Virgers and the Chyrographer in the Court of Common Pleas and all those many other Fees ordained by Act of Parliament would be as they are not a selling of Justice and a breach of Magna Charta and unwarrantable And howsoever those due and warrantable Fees which are paid to Clerks and Officers of Courts and the Fines which are paid upon Original Writs excusing greater Fees to the Cursistors who could not otherwise be contented with a pitiful Fee of six pence for the writing of every Original Writ cannot bear any proportion or resemblance of a Bribe or of the Kings or any of his Judges selling of Justice and if it did as it cannot being always paid by the Plaintiff must then conclude that all Plaintiffs must of necessity never or seldome fail of their designes or recovery which dayly experience manifestly contradicteth nor can possibly be so understood whenas in every Action the Defendants do pay Fees as well as the Plaintiffs Neither can it be any breach of Magna Charta or injury done to the clause therein of nulli vendemus Justiciam when as the wisdom of former as well as of later Parliaments did always foresee and allow of a necessity of something to be paid to the Judges Officials or Ministers of Justice in the obtaining or expediting of it for a provision and maintenance to support and encourage them in giving a dispatch to the people who came for remedies to the Courts of Justice or the Chancery And the Statute of Westminster the second which was not long after the making of Magna Charta intended certainly just recompences to the Clerks and Officers when it ordered them to use so great a diligence and care in the dispatch of justice to all that came for it as ne deficiat Justicia conquerentibus concordent Clerici c. all good ways and means were so to be taken by framing and forming of Writs according to every mans particular case ut nullus recedat â Cancellaria sine remedio For which the King was at charges to the Officers and Clerks of the Chancery for Robes and Liveries to be yearly given them and the Keepers of the Seal took care for their Diet and other conveniences as may appear by the usage and course of that Court in the Reign of King E. 3. when the King conceived himself to be so much concerned in it as Writs were frequently sent to the Sheriffs and Bayliffs tam infra libertates quam extra to be aiding and assisting to the Pourveyors for the Chancery in diversis providenciis or Pourveyances de Pane vino Cervisia Carnibus puletria aliis victualibus feno avenis litteris cariagiis ad opus ipsius Cancellarii the Bishop of Winchester being then Chancellor pro denariis suis solvend when as also the profit arising by the Fines in those times and long after were collected and accompted for in the Exchequer And that or the like maintenance or support is again to be given to them or the Lord Chancello● for them if the King should not be pleased to allow the profits arising by his Fines upon Original Writs in personal Actions to the Lord Chancellor or Lord Keeper and the Master of the Rolls for the support of those high and honourable Offices and Places which they hold and the Cursistors for their better encouragement in the service of the King and his people in Chancery in their several Orbs and employments or otherwise the people who will not do anything themselves without pay or sell their victuals to them without money are to pay the Cursistors such other Fees as their attendance skill and labour shall merit And therefore if the Statute of Westminster the second had not informed us that besides their provisions and livelyhood then provided for them they had their Sportula's Fees and encouragements allowed them for making of every Writ which with their victuals and necessary provisions made a greater benefit considering their then most

that the Defendant should have it if the Plaintiff did not make good his Action Which Justinian at the time of his compiling the Civil Laws finding almost grown out of use and thinking it fit to abolish did afterwards see cause enough to restore and set up again And it did come to be so usual and customary as there were Gratuitae Oblationes for remedies in matters of Right and Justice or for lawful favours and they were sometimes and not unfrequently called Pennam Auream quod tantum habeat Dominus de Assensu subscriptione quod posset ●ieri una Penna Aurea were frequently offered and paid And the Primiscrinius or Lord Chancellor or Princeps Praetorii omnium sportularum quae à litigantibus solvebantur particeps erat majus stipendium quam ceteri Officii summates perciptebat Which necessity or custome of paying Fines for Suits or Controversies was so well liked by the Goths and that inundation of Northern Nations which in the unweildiness of the Roman Empire and declension of it had overrun a great part of its European Territories as though they hated the Civil Law prohibited its use and did all they could to destroy and burn the Books thereof it obtained amongst them as good an entertainment as it had formerly in the Civil Law by an allowwance of that manner of depositing of the Decimam partem litis Notwithstanding which they did also after Judgement given exigere and carefully collect their Fredas or penalties imposed upon the Vanquished by the Judges as the Salique and Alman Laws and Customes do frequently evidence From whence it came to be in use amongst the old Franks now metamorphosed into the French a people once esteemed to be as free as their name imported and taken to be the Custodes Libertatis of that part of Germany there being then and for many Ages after no other expensae litis or charges given to him that prevailed in Law but the tenth part of the money so deposited until that Charles the fourth King of France who lived in the latter end of the reign of our King Edward 2. made a Law or Decree Ut victus victori in expensis teneretur That the party condemned should pay the charges of the other party yet so notwithstanding as the tenth part continued to be paid to the Exchequer Sportularum Judicii nomine or as Mercedes Judicantium for the rewards and fees of the Judges and their Maintenance In Hungary being an elective Kingdom where the people kept a continual guard upon their Liberties in the Minori Cancellariae Regis Taxa they did not think it in anno 1486. to be a grievance to pay for certain Writs or Letters a certain rate per cent and for many other Juxta quantitatem possessionis seu rei obtentae habita concordia inter Causantes Protonotarium And was in other Countries and Kingdomes by a custome of paying moderate Fees in Chancery upon the obtaining Writs or Process Remedial from the Prince or supreme Magistrate so allowable as in that great Dominion of Burgundy and its large extent of Provinces in anno Domini 1383. which was in the Reign of our King Richard the 2. the Fees or Rates of the Chancery were set and ordained Pour la lettre a Writ being no other then a short Letter or Rescript du petit seel pour le droit de Monseigneur Six Deniers pour le droit du Tabellion 3 Deniers le coadjuteur 11 Den. litera 3 Francorum usque ad 13 exclusive pro duobus Juribus 2 solidos sex den Turon de quibus Dominus Dux capit 17. Denarios Tabellio reliquum coadjutor 20. Denarios sic in totum duos solidos cum denario litera 120 Francorum being but seven pound English 15 Solidos 5 Den. Turon debet de quibus Dominus Dux capit 10 solid quinque Den. Turon pro Registro Tabellio capit reliquum pro coadjutore 55 Den. in litera retentionis bestiarum like our VVrits of Recordari to remove Plaints upon Distresses non computatur fructus neque Domus c. VVhich the Princes of the German Empire a people supposing themselves to be very free in a Diet under their Emperor Sigismond in ann 1425. which was in the Reign of our King Henry the 6. did hold to be so legal and reasonable as they ordained That in Cancellaria redemptiones literarum Judiciarum Conservatarum tenetur Antiqua consuetudo ejusdem Cancellariae and that for Fees of VVrits in Chancery pro literis generalibus 24 Denarii should be paid c. And in a Diet holden in anno 1546. and 1548. which wa● in the beginning of the Reign of our King Edward the sixth the Princes of Germany did ordain and limit the Taxes Cancellariae viz. amongst many other Rates pro simplici citatione unus Florenus quarta pars Floreni And when an Inhibition is inserted duo Floreni duo pars Floreni c. Atqui tamen cum aequum sit Cancellariae ob laborem operam in qualibet causa habere rationem aequam mercedem accipiat victores causarum quibus expensae adjudicantur in omnibus causis in quibus nullae sententiarum literae which before that time usually paid great Fees and being accounted unnecessary were left arbitrio partis whether he would sue them out or no sumuntur teneantur se cum administratore laborum operum ergo ad ipsius taxationem quam quovis tempore juxta magnitudinem qualitatem adeoque conditionem causae ac partium mediocri tolerabili modo faciat priusquam expensae ad taxandum producantur aut Executoriales Cancellariae partibus concedantur Notwithstanding that there is besides a collecta Provincialis quae Landsteur vocatur quae non nudè in signum subjectionis vi absolutae superioritatis sed pro fructibus emolumentis Jurisdictionis item procuris laboribus nec non ob recompensationem Expensarum quas Domini facere pati debent pro pace quiete tenenda inter subditos pro sua dignitate servanda pro salariis Officialium ad justitiam administranda exigitur Which Oblata ' s or Pledges beforehand towards the satisfaction of Costs and the Fine pro falso Clamore were in France by a Law or Edict of Charles the ninth made to be vectigal Judiciarum ad cohibendam litigatorum hominum indomitam effraenatam licentiam Quo vix ullum saith Bodin afflictis aerarii opibus utilius Galliae Imperio litium innumerabili multitudine oppressos splendidius cogitari poterat a kinde of Revenue out of the Law to lessen or take away those great multitudes of Law-suits with which France then abounded which brought a great supply to the publique Treasury and produced the effect intended And our Reforming Brothers of Scotland have found so little fault with those or the like Customs as the Lords of Secret Council and