Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commission_n	justice_n	session_n	2,519	5	10.6842	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42889	Reports of certain cases arising in the severall courts of record at Westminster in the raignes of Q. Elizabeth, K. James, and the late King Charles with the resolutions of the judges of the said courts upon debate and solemn arguments / collected by very good hands, and lately re-viewed, examined, and approved by Justice Godbolt ; and now published by W. Hughes.	Godbolt, John, d. 1648.; Hughes, William, of Gray's Inn.	1652 (1652)	Wing G911; Wing H3330_CANCELLED; ESTC R24389	404,377	461

was adjudged against the Plaintiffe as in a Valore Maritagii if the Defendant will shew that hee tendered a mariage whereas it is not needfull for him so to do yet if the same be not true and issue be taken upon it Judgement shall be given against him wherefore hee concluded for the Plaintiffe The principall Case was adjourned Trinit 10 Jacobi in the Common Pleas. 270 GOODMAN and GORE 's Case GOodman brought an Assize against Gore and others for erecting of two houses at the West end of bis Wind-Mill per quod ventus impeditur c. And it was given in Evidence That the said houses were situate about eighty feet from the said Mill and that in height it did extend above the top of the Mill and in length it was twelve yards from the Mill and notwithstanding this neernesse the Court directed the Jury to find for the Defendant And in that Evidence it appeared by a Deed procured by the Plaintiff himself That his Wife was Joint-tenant with him and therefore it was holden by the Court That the Assize brought in his own name alone was not well brought And Cook Chief Justice also said That the Count was not good by reason of these words viz. Per quod ventus impeditur for he said That these were the words of an Action upon the Case and not of an Assize But the Clarks said That such was the usuall forme ad quod non fuit responsum and in that Case it was said obiter by Cook Chief Justice That if the Husband and Wife be Joint-tenants and the Husband sowes the Land and dieth and the Wife doth survive that she shall have the embleements Trinit 10. Jacobi in the Common Pleas. 271 HARDINGHAM's Case IN an Action of Trespass Quare clausum fregit the Defendant did justifie That he did enter and distrain for an Amercement in the Sheriffs Torne which was imposed upon the Plaintiffe for enchroaching upon the Kings High-way without shewing that the same was presented before the Justices of Peace at their Sessions as the Statute of 1. E. 4. cap. 2. requireth Haughton Serjeant for stay of Judgement in this Case said That the Statute is That the Justices of Peace shall award Process against the person who is so indicted before the Sheriffe which was not done in this Case And he said That the Statute did not extend to Amercements only in Trespasses Quare vi armis but to every other Trespass for the Statute speaks of Trespasses and other things which shall be extended to all Trespasses Cook Chief Justice said That the Statute of 1. E. 4. cap. 2. did not extend to Trespasses which were not contra pacem as the encroachment in this Case is for otherwise the Lord of a Leet could not distrain for an amercement without such presentmennt before Justices of the Peace And although the Statute speaks of Felony Trespass c. the same is to be meant of other things of the same nature which is proved by the clause in the Statute viz. That they shall be imprisoned which cannot be in the principall Case at Bar. Warburton and Winch Justices agreed in opinion with Cook Chief Justice Trinit 10. Iacobi in the Common Pleas. 272 FRAUNCES and POWELL's Case IT was moved for a Prohibition to the Spirituall Court for citing the Plaintiffe out of his Diocess upon the Statute of 23. H. 8. and by the Libel it appeared That Powell the Defendant had complained against the Plaintiffe in the Court of Arches for scandalous words spoken in the Parish of Saint Sepulchers London Cook Chief Justice held That a Prohibition would lie unlesse the Bishop of London had given liberty to the Arch-Bishop of Canterbury to entermeddle with matters within London for he said that in the Statute of 23. H. 8. there is a clause of exception in case where such liberty is given by the inferior Diocesan and therefore a day was given by the Court to procure a certificate of the opinion of the Civilians whether such authority given by the Inferiour Ordinary to the Arch-Bishop were Warranted by there Law or not for the Statute of 23. H. 8. is so and then if the authority be lawfully granted no prohibition will lye And Cook said that the Statute of 23. H. 8. was made but in affirmance of the common Law as appears by the books of 8. H. 6. and 2. H. 4. For there it is said that if one be excomenge in a forrain Dioces that the same is void coram non judice and he said that the principal cause of making of the said Statute was to maintain the Jurisdiction of Inferiour Diocesses But it was holden that if the Plaintiff had defamed the Defendant within the Peculiar of the Arch-Bishop that in such case he might be punished there although that he did inhabit within any remote place out of the Peculiar of the Arch-Bishop and in this Case it was said that the Arch-Bishop had in thirteen Parishes in London Peculiar Jurisdiction It was adjorned Trinit 10. Jacobi in the Court of Wards 273 COTTONS Case SIR John Tirrel Tenant in Capite made a Lease unto Carrel for 1000. years and further covenanted with Carrel and his Heirs that upon payment of five Shillings that he and his heirs would stand seised of the same Lands unto the use of Carrel and his Heirs And in the Deed there were all the ordinary clauses of a conveyance bona fide viz. That the Lessee should enjoy the Lands discharged of all Incumbrances and that he would make further assurance c. Carrel assigned this Lease to Cotton who died in possession his Heir within age and in two Offices the Jury would not find a Tenure because it was but a Lease for years And in a que plura the matter came in question in the Court of Wards And Cook Chief Justice of the Common Pleas and Tanfeild Chief Baron of the Exchequer were called for Assistants to the Court of Wards and they were of opinion that because it was found by the Offices that Cotton died in possession that the same was sufficient to entitle the King to Wardship of the Lands But before the Judges delivered there opinions the Lessee was compelled to prove the Sealing of the Lease by witnesses which was dated 12. years before For if they have no sufficient witnesses to prove the Sealing of the Lease without all doubt there was sufficient matter found to entitle the King viz. that the party died in possession which shall be intended of an estate in Fee simple till the contrarie be proved But the two Justices moved the Attorney That he would not trouble himself with the proof of a matter in fact For they said It was confessed on all sides that there was such a Lease and that the Assignee of it died in possession of the Land and therefore they said that they were cleer of opinion that the Heir of such a Lessee who died in possession should be

make a mingling of their Offices Vi. 13 E. 4 10 E. 3. By Hill and Herle For Trials out of the Chancery the Chancery and Kings Bench are but as one Court and if the Record come not in duely as it should the Court was never well seised of the Record Ley Chief Justice The coming of the Writ to the hands of one or two of the Commissioners shall not stay the Commission but the receipt of the one of them is the receit of them all having notice of it and the others may joyn with him to whom the Commission is delivered So it is in all cases every one of the Commissioners are interessed therein upon notice and not he only to whom the Commission is delivered If one Justice of peace taketh a Recognizance and dieth before it be certified the Certiorari shall be directed to the other Justice to certifie it if it come to his hands and he may retorn the Recognizance and it shall not be directed to the Executors of the Iustice who have not the Recognizance for the Certiorari is but the hand for the Court to receive it for otherwise the King might lose the benefit of the Recognizance And in our Case the Sheriff by a special Commission hath Authority to take the Recognizance and to retorn it upon Record One may do part of the Office as to make and take the Recognizance and the other may retorn it but one cannot execute a thing in part and another in another part the taking of the Recognizance by the two Justices doth exclude the Sheriff from medling with the taking or making of it but it doth not hinder him but that he may retorn it well enough and the Writ or Commission is general Vicecomiti which may extend as well to the new Sheriff as to the old Sheriff The Case was adjourned for by two Iudges the Supplicavit and Recognizance were not well retorned by the new Sheriff but Ley Chief Justice was against them Quaere Trin. 21 Iacobi in the Kings Bench. 452. RANDAL and HARVEY's Case THe Case was Harvey in consideration that Brown might go at large who was arrested at the suit of Randal gave his word that Brown should pay the money at such a day certain and for non-payment of the money Randal brought his Action against Harvey and being at issue upon the promise it was found for the Plaintiff Yelverton moved in arrest of Iudgment that the arrest of Brown was not warrantable by Law and that being the consideration the Promise was void and he said A man cannot make another his Attorney to arrest another man without Deed neither can the Sheriff give Warrant to his Baylie to arrest another without a Deed sealed And in the principal case Randal gave one a VVarrant to T. being an Attorney to demand receive and recover money from Brown but it did not appear by the Declaration that the VVarrant was by Deed in writing George Crook said that it was no Exception For be the Arrest lawfull or unlawfull yet he said the consideration was good Randal gave to his Attornie Authority to receive demand and recover thereby he gave him Authority to arrest Brown because the arrest is incident to the Recoverie 2 R. 2. Grants One grants to another all the Fish in his Pond he may fish with Nets For when he giveth the principal the incidents do follow VVhen Brown had yieldded himself to be lawfully arrested and then Harvey in consideration that Brown might go at liberty made the promise the same was good The Declaration was That Randal gave Authority to T. being an Attorney to receive deliver and recover the Debt by force of which Letter of Attorney T. did arrest Brown and so in the Declaration it is shewed that the Warrant was a Letter of Attorney Yelverton 34 H. 6. In Debt upon a Recoverie in the 5 Ports If a man will declare and set forth a thing in particular if he faileth in any thing it overthroweth his Action But if a man alledge generally a Recoverie in the 5 Ports then the same is good enough I agree the Case of 9 E. 4. Where a man gives leave to another to lay Pipes of Lead through his Lands that he may dig the ground to lay them there because it is incident to it And I agree the Case of 2 R. 2. for there the one thing cannot be done without the other viz. the Fish cannot be taken without Nets but in this Case the partie might have come by his money by Outlawrie and so there needed no arresting of the partie Ley Chief Justice If he had declared debito modo arrestatus it had been generally good and it must be intended that the Arrest was by vertue of a Letter of Attorney For he alledges that he gave him Authority to recover and then he shall have and use the means to recover as to arrest the partie or to outlaw him Haughton Justice Things incident and accessary may be comprehended in the principal as to dig for to mend the Pipe 9 E. 4. Because he grants him leave to lay them in the ground and so he may dig and justifie the same for the amending of the pipes If A. Licence B. to hunt in his Park and to kill a Deer yet B. cannot carry away the Deer for that is not incident to the thing granted In this case the Declaration is not good for he ought to set forth that the VVarrant was by Deed in writing and yet one may plead a Judgment generally quod debito modo he recovered and the same is good but here in this case he ought to set forth and shew the VVarrant and Authority by which he was arrested but not so in the case of pleading of a Judgment because there it doth refer to matter of Record Dodderidge Justice The promise was to free him from the arrest and if the arrest was unlawfull then there was no consideration and so by consequent the promise was void It ought to be shewed that Brown was lawfully arrest and if the arrest had been only matter of inducement and no cause of the Action then it had been sufficient to have said debito modo arrestatus but in this case the arrest it self is material and the Plaintiff hath shewed that the arrest was per debitum legis Cursum by vertue of a VVarrant of Attorney and it doth not appear but that it was a Letter of Attorney to deliver Seisin and so because the Plaintiff hath not shewed the arrest to be lawfull there was no good consideration whereupon to ground the promise and so no cause of Action Yelverton took another Exception viz. That the Plaintiff doth not shew that the arrest was per breve Regis or how it was Chamberlain Justice If the partie had brought an Action of false Imprisonment this Plea had not been good and in this case there appeareth to be no good consideration for it doth not appear that it was a

parcel of it for in the one Case the Visne shall be of the Manor in the other not Vide 9. Eliz. Dyer ar But it was said That in this Case the Modus did extend only to things in Stangrave and therefore the Visne should be of Stangrave only Nichols Justice said That although the Parish be a Town and of one name yet the Visne shall be from the Parish to which the Court agreed And in the principall Case the Pleading was That the Manor was in Parochia and the Modus alledged to be in Parochia and the Prohibition de Parochia and therefore the Venire facias ought to be de Parochia and not de Manerio or de Vill●● Cook cited 4. E. 4. and 23. E. 4. that in Trespass de Parochia is a good addition for it shall not be intended that there are two Towns in one Parish And it was said by the Court in this Case That before the Statute of 2. E. 6. all Prohibitions to the Spirituall Court were quia secutus est de Laico feodo for when a man had a Modus dicimandi the Corn and other things were lay things Then it was moved by a Serjeant at Bar That at the Assizes where the tryall of the Modus decimandi was one of the principal Panel did appear only upon the Venire facias and the question was If in such Case a tales might be awarded de circumstantibus And it was holden by the Court that such tales might be well awarded and 10. Eliz. Dyer vouched to prove the same It was also said by the Court That at the common Law if not in appeal the tales might be of odd number as quinque tales or novem tales but now since the Statute of 35. H. 8. the tales may be even or odd as pleaseth the party But it was adjudged in this Case That in no Case where a triall is at the Bar shall any Tales de circumstantibus be awarded And so are all the Presidents Mich. 11. Jacobi in the Common Pleas. 292 LEIGHTON against GREEN and GARRET THomas Leighton an Administrator durante minori 〈◊〉 of J. S. did libell in the Court of Admiralty against the Defendants and shewed in the Libel That there were Covenants made betwixt them by a Charter party they being Owners of the Ship called the Mary and John of Lynn that the Defendants should victuall the said Ship for a Voyage into Denmark and that the Ship should be staunch and without leak And shewed in his Libel that the Ship being upon the Seas did spring a leak by reason of which the Plaintiff did lose a great part of the Freight of the said Ship consisting in divers Commodities viz. Coney skins The Defendant pleaded That the Covenants were made infra Portum de Lynn And further pleaded That the Plaintiffe had before that time brought an Action of Covenants against the same Defendant upon the same Deed in which Action the Plaintiffe was Non-suit and it was adjudged That it was a good Plea in Bar and thereupon a Prohibition was awarded to the Court of Admiralty Cook Chief Justice in this Case said That charter party est charta partita and is all one in the Civil Law as an Indenture is in the Common Law And in this Case it was adjudged That the Triall should be there where the contract was made and so was it adjudged in Constantine and Gynns Case Where the Originall Act was in England and the subsequent matter upon the Sea the Tryall shall be where the Originall Act is done And so it was agreed in this Case that the Tryal should be Mich. 11. Jacobi in the Star-Chamber 293 MILLER against REIGNOLDS and BASSET SIr Henry Mountagu the Kings Serjeant did informe the Lords in the Star-Chamber How that the Defendants had conspired and practised Malitiosè to draw the Plaintiffs life in question being a man of One thousand Pounds per annum and otherwise very rich The Case was shortly thus Basset the Defendant was Tenant unto the Plaintiffe of a house in R. in Kent rendring a Rent the rent was behind and the Plaintiff demanded his Rent of him the Defendant told him That he was not able to satisfie him the Rent but he promised to give unto the Plaintiffe all his Goods in satisfaction of the Rent or so many of them as should countervaile the Rent and it was agreed betwixt the Plaintiff and the Defendant Basset that the Goods should be apprised by two men which was done accordingly and the Plaintiff came to the Defendants house at the time the said Goods were apprised but it was deposed and proved did not go out of the room where the apprisement was made at the time he was in the said house which was the 10 of May 7. Jacobi ar Afterwards the Defendants Reignolds being an Atturny at Law and Basset did conspire to accuse the Plaintiffe because that when he came to the Defendant Bassets house at the time of the apprising of the said Goods that the Plaintiffe went up into an upper Chamber in the said house and broke up a Chest and out of the same took a Gold Ring 10. s. in Money and the Defendant Bassets Lease of his house and thereupon brought the Plaintiff before divers Justices of the Peace who upon Examination of the matter found no ground of suspicion against the Plaintiff and therefore they did not bind him over to the Sessions to answer the same Accusation After this the Defendants made severall motions to the Plaintiff that he would give unto them 300l. and so he should be acquitted and there should be no proceeding against him and because the Plaintiffe refused so to do they told him that divers Courtiers had begged his Estate of the King and that the same was granted unto them when as in truth there was not any thing moved to any Courtier of any such matter but all this was said in a shew only to the end they might get great sums ef mony from him And in that matter they layed the scandall upon S. Rob. Car then Viscount Rochester that he was made privy to it who then was the Kings Maj. great Favorite And when all this could not prevail to gain any Composition from the Plaintiff the Defendants did prefer a Bill of Indictment at the Assizes in Kent against the Plaintiff and there upon Evidence given unto the Grand Jury they found an Ignoramus upon the Bill and divers other plots and divises were contrived by the Defendants all to the end the Plaintiff might lose his life his estate And this matter came to Sentence before the Lords and the Bill proved in every point and circumstance as well by the confession of the Defendants themselves as by divers writings depositions of witnesses and letters read and shewed in open Court and it was said by the whole Court of Lords in this case that this was a very great offence and an offence in Capite and that if such