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
A47714	Reports and cases of law, argued and adjudged in the courts at Westminster, in the times of the late Queen Elizabeth, and King James in four parts / collected by ... William Leonard, Esq. ...; with alphabetical tables of the names of the cases, and of the matter contained in each part ; published by William Hughes ...; Reports and cases of law argued and adjudged in the courts at Westminster Part 1	Leonard, William.; Hughes, William, of Gray's Inn.	1687 (1687)	Wing L1104; ESTC R19612	463,091	356

at my peril to procure notice Notice but if I be bound to you to make such assurance as your Counsel shall advise there notice ought to be given unto me It was adjorned CXLII Bear and Underwoods Case Mich. 30 Eliz. In the Common Pleas. IN a Replevin it was agreed by the whole Court that the Plaintiff cannot discontinue his suit without the privity of the Court for as Leonard Custos brevium said the Entry is Recordatur per curiam Discontinuance of suit in court And if the Plaintiff would discontinue without moving the Court the Defendant may enter the continuance if he will. It was also holden that where an Original is discontinued the Defendant shall not have costs but if the Plaintiff be non-suit the Defendant shall have costs by 32 H. 8. 15. But after a discontinuance in a Latitat the Defendant shall have costs by the Statute of 8 Eliz. cap. 2. And in this case it was agreed that the Plaintiff may be non-suit after a Demurrer and so he was CXLIII Jerom against Neal and Clave Pasch 30 Eliz. In the Kings Bench. GEorge Jerom and Avice his Wife brought an Action of Trespass of Assault and wounding of the Wife Assault and Battery and the Action was laid in Midd. and brought against Neal and Cleave who pleaded that Salisb. is an antient City that within the same there is this custom that if any make an Affray and assault any Officer of the said City or any other person if he upon whom such assault is made complain unto the Mayor of the said City that the Mayor for the time being may send for him who made the Affray as a Iustice of Peace to make him to answer to it and shewed further that the said Jerom made an Affray within the said City of which complaint being made to the Mayor the said Mayor sent the Defendants being Constables to bring the said Jerom to him by virtue whereof they went to the House of the Plaintiff and signified to him the commandment of the said Mayor and would have brought the Plaintiff to him and the Wife of the Plaintiff did assault them and they moliter put their hands upon the said Wife Imprisonment not good which is the same assault battery and wounding c. upon which it was demurred in Law. Coke for the Plaintiff This custom is not good or reasonable See Magna charta 29. Nullus liber homo capiatur vel imprisonetur c. nisi per legale judiciam parium suorum vel per legem terrae therefore shall not be taken or imprisoned upon a bare suggestion and see 24 E. 3. Br. Com. 3. where a Commission issued to take all which were suspected notoriously for Frionies and Trespasses although they are not endicted and the same was holden against the Law and therefore it was revoked and see the Statute of 5 E. 4. 9. 25 E. 4. 13. 28 E. 4. 13. 28 E. 3. 3. 37 E. 3. 18. 42 E. 3. 3. 2. To be a Iustice of Peace doth not lye in Prescription For one Iustice of Peace was before the Statute of 1 E. 3. and then the Commencement being known prescription cannot be of it 3. Admit that the Mayor was Iustice of Peace yet he cannot determin any thing out of the Sessions 4. The Prescription is that the Mayor might send for him and doth not say within the City and it shall be an unreasonable Prescription to say that the Mayor might send for him in such Case in any place within England 5. It is not shewed that they of Salisbury have a corporation so as they might be enabled to prescribe 6. The wounding is not answered for moliter injicere manus cannot be taken for a wounding it may well answer the battery c. Fleetwood Recorder of London if the Statute of Magna Charta should be observed no Felon is duly handled at Newgate and here we have not pleaded by way of Prescription but of usage consuetudo and usage are all one 1 Cro. 268. And afterwards Iudgment was given for the Plaintiffs for the Plea in Bar was holden to be naught because the wounding is not answered and the Custom is too general and also for the 4th exception CXLIV Sir Julius Caesars Case Pasch 30 Eliz. In the Kings Bench. FLeetwood came to the Bar and shewed that Julius Caesar Iudge of the Admiralty had libelled against an Officer of the Mayor of Lond. Simon Nicholas for measuring of Coals at Wiggins Key in the Parish of St. Dunstan in the East and it was upon the Thames and prayed a prohibition because such measuring of Coals had always appertained to the Mayor of London for the Statute of 28 H. 8. 15. gave Iurisdiction to the Admiralty in Case of robbery and murder And that prohibition was grounded upon the Statutes of 13. 15 R. 2. 2 H. 4. 11. And it was said that this measuring whereof c. was in the body of the County And note that the said Julius Caesar being Iudge of the Admiralty had put in this Bill ex officio judicis upon which it was said by Wray Iustice that it was hard that he should be both Plaint and Iudge and that his Iurisdiction should be tryed before himself and afterwards it was moved by Egerton Solicitor who said he had spoken with the Lord Admiral who told him that the Mayor of Lond. used to take a Fine for measurage and had made an office of it and that he conceived the same is extortion and being made upon the water he conceived he is punishable in this Court for by the same reason the Mayor might take a Fine for the measuring of Corn Clothes c. Wray and Gawdy Iustices If it be extortion in the Mayor there is no remedy for it in the Court of Admiralty But in the Kings Court. Gawdy It shall be redressed here in a Quo warranto CXLV The Town of Sussex Pasch 30 Eliz. In the Kings Bench. THe Town of Green in Sussex was amereed for the escape of a Felon Amercement and the said Amercement was grounded upon an inquisition taken before the Coroner by whom the escape was found and it was moved for the Town that here is not any such escape found Escape for which the Town ought to be amerced for it is found that he who escaped 10 die Januarij 30 Eliz. circa horam quartam post meridiem with a Pitchfork mortally struck one A. which A. of the said stroak died at eight in the Evening of the same day and that then the other escaped for which escape being made in the Night the Town by the Law ought to be amerced for it is not Felony until the party dieth which see 11 H. 4. and Coles Case Pasch 23 Eliz. 401. And therefore the Town nor any other was chargeable with the offendor before that the party was dead Wray It should be hard that the Town should be amerced upon

Request the said Feoffees or their Heirs should be seised of the said House to the use of the said Ann and her Heirs Afterwards the seventh of April 16 Eliz. Ann demanded of William Ramsey Son and Heir of John Ramsey six pounds thirteen shillings and four pence being due to the said Ann ut supra the which sum the said William Ramsey did refuse to pay by force of which and by the Statute of 27 H. 8. the said Ann Ramsey was thereof seised and died seised and from her descended the said House to William Ramsey The Plaintiff confessed the Feoffment to Crofton and Langhton to John Ramsey and others and shewed further That the said Ann required the surviving Feoffees to enfeoff one Robert Owen of the said House who three days after made the Feoffment accordingly Robert Owen enfeoffed John Owen who died thereof seised and from him the said House descended to Israel Owen Crafton died Langhton having issue two Daughters died All the Feoffees but one died Ann the time aforesaid demanded the said six pounds thirteen shillings and four pence of the said William Ramsey in another House in London due at the Feast of St. Michael last before who denied to pay it the second Daughter of Langhton entred and thereof enfeoffed the said Israel Owen Rents 3 Cro. 210 211. who leased the same to the Plaintiff and upon that Evidence the Defendant did demur in Law And first it was resolved by the whole Court That the said sum to be paid to the said Ann was not a Rent but a sum in gross because reserved to a stranger c. which see Lit. 79. Reversion And by Munson Iustice If the words of the reservation had been twenty Nobles Rent yet it had been but a sum in gross but otherwise it had been by devise Also there is not any condition for the payment of it but only a Limitation for the word subsequent which limits the future use takes away all the force of the words of the Condition as 27 H. 8. 24. Land given in tail upon condition that the Donee and his Heirs shall carry the Standard of the Donor when he goes to battel and if he fail thereof then the same to remain to a stranger the limiting of the Remainder hath taken away the condition and hath controlled it and now the Condition is become a Limitation But where the words subsequent are against Law as if upon failer that then it shall be lawful for a stranger to enter Feoffments upon condition c. these words because they are against Law for a Rent cannot be reserved to a Stranger c. do not destroy the Condition by Mead contrary by Munson for the Condition is utterly gone And by Mead Feoffment in Fee upon condition That if the Feoffor shall do such a thing that he shall re-enter and retain the Land to the use of a stranger the use is void 1 Cro 401 402 and the Feoffor shall hold the Land to his own use A Feoffment in Fee upon condition That the Feoffee shall marry my Daughter and if he refuse to marry her that then he shall be seised to the use of I.S. the same is not a Condition but a Limitation and in all cases afterwards of a Condition where an Interest is limited to a stranger there it is not a Condition but a Limitation And Mead said That the said annual sum is not demandable but the party ought to pay it at his peril Lit. 80. But by Munson it ought to be demanded for so this word Refuse doth imply Regula And when at the Request of Ann the Feoffment is made by Munson Mead and Windham the Rent is gone but Dyer contrary unless the Feoffment be made to Ann her self And afterwards Iudgment was given for the Plaintiff Hil. 19 Eliz. Rot. 748. There was a Case betwixt Shaw and Norton Shaw and Nortons Case One Green devised his Lands to A. and devised also the said A. should pay a Rent to B. and that B. might distrain for it and if A. fail of the payment of it that the Heirs of the Devisor might enter the same is a good Distress and a good Condition And by Munson Demand ought to be made of the Rent for the words are Refuse which cannot be without Demand or Request And it was certified That such a Clerk refused to pay his Tenths and because it was expresly set down in the Certificate that he was requested c. for that cause he was discharged And it was also holden That if Request be necessary that in this case Request is to be made That it ought to be made to the surviving Feoffee or his heir and not to the heirs of any of the Feoffees who are dead CCCLXIII Lacyes Case Hill. 25. Eliz. In the Kings Bench. Indictments Co. 13. Rep. 53. LAcy was indicted of the death of a man upon Scarborough Sands in the County of York between the high water-mark and the low water-mark and the same Indictment was removed into the Kings Bench and being arraigned upon it he shewed that the said Indictment was sued by vertue of a Commission which issued the first day of May directed to the Iustices of Assize and other Iustices of Peace in the said County Commission repealed to enquire of all Murders Felonies c. and pleaded further That the second day of May aforesaid issued another Commission directed to the Lord Admiral and others upon the Statute of 28 H. 8. cap. 15. by force of which the said Lacy was indicted of the same murder whereof he was now arraigned and the said last Commission was ad inquirendum tam super altum mare quam super littus maris ubicunque locorum infra jurisdictionem nostram maritimam And that the said Indictment taken before the Admiral was taken before this upon which he was arraigned and upon the whole matter prayed to be dismissed And the opinion of all the Iustices was that the first Commission was repealed by the second and so the Indictment upon which he was arraigned taken coram non Judice 10 E. 4. 7. If a Commission for the Peace issueth into one County and afterwards another Commission issueth to a Town within the same County and parcel of it the first Commission is repealed which Gawdy granted if notice be given c. but Wray denied it but the whole Court by this last Commission to the Lord Admiral the first Commission as to the Iurisdiction in locis maritimis is determined and repealed for these two Commissions are in respect of two several Authorities the first Commission meerly by the Common Law the other by the Statute aforesaid and thereupon the party was discharged against the Queen as to that Indictment Note that in the Argument of this Case it was said by Coke and agreed by Wray That if a man be struck upon the high sea 2 Co. 93. whereof he dieth in another County

this Court is especially named Wray This Proviso begins with Iustices of the Peace therefore it doth not extend to offences which are Treason and the meaning of this Statute of 23 Eliz. was to enlarge the Statutes of 1 5 Eliz. for where the offence against the Statutes before was to be enquired at the next Session and the other within six Months now by this Statute it may be enquired at any time within the year and day but it doth not extend to restrain the proceedings against offences of Treason for the words of the Statute are That such offences shall be inquired before Iustices of Peace within a year c. But in the next clause the Iustices of Peace may punish all offences against this Act but Treason by which it appeareth that no offences are restrained to time but those which the Iustices of the Peace have authority to hear and determine and that is not Treason Gawdy to the same purpose For all the Proviso is but one sentence and there the whole shall be referred to spiritual offences as the not coming to Church c. CCCXXIII Filcocks and Holts Case Mich. 32 33 Eliz. In the Exchequer Error Assumpsit IN an Action by Filcocks against Holt Administrator of A. the Plaintiff declared how that the Husband of the Defendant who died intestate was indebted to the Plaintiff in ten pounds by Bill and that the Defendant in consideration that the Plaintiff would permit the Defendant to take Letters of Administration and give to her further day for the payment of the said ten pounds promised to pay the said ten pounds to the Plaintiff at the day And upon a Writ of Error brought in the Exchequer upon a Iudgment in the Kings Bench in that case It was assigned for Error that here is not any consideration for by the Law she is to have Administration being wife of the Intestate and as to the giving of further day for the payment of the ten pounds the same will not make it good for it doth not appear that she was Administratrix at the time of the promise made and then she is not chargeable and then c. And such was the opinion of the Court. And it was said by Periam Iustice and Manwood chief Baron That the Bishop might grant Letters of Administration to whom he pleased if he would forfeit the penalty limited by the Statute ●atch 67 68. Also it was said where an Executor or Administrator is charged upon his own promise Iudgment shall be given de boni● propriis for his promise is his own act CCCXXIV Adams and Bafealds Case Mich. 33 Eliz. In the Kings Bench. Action upon the Case AN Action upon the Case was brought and the Plaintiff declared That where such an one his Servant departed his service without cause or license the Defendant knowing him to be his Servant did retain him in his Service and so kept him Tanfeild The Action doth not lye for if my Servant depart out of my service and another doth retain him an Action doth not lye at the Common Law if he do not procure him to leave my service and afterwards retain him or immediately taketh him out of my service And this Action is not grounded upon any Statute See 11 H. 4. 176. 47 E. 3. 14. 9 E. 4. 32. Gawdy The Action lieth for here is damage and wrong done to the Plaintiff Fenner contrary For the wrong is in the departure and not in the Retainer and upon the Statutes it is a good Plea to say for the Defendant that the party was vagrant at the time of the Retainer and the sciens doth not alter the matter CCCXXV Nash and Mollins Case Mich. 32 33 Eliz. In the Kings Bench. Prohibition 1 Cro. 206. Tithes NAsh and Usher sued a Prohibition against Mollins for that the Defendant had libelled against them in the Spiritual Court for Tithes of Wood growing in Barking Park in Essex the other did surmise that the Lands were parcel of the possessions of the Prior and Covent of Cree Church and that the said Prior and his Successors time out of mind c. had held the said Lands discharged of Tithes and held them so at the time of the Dissolution c. and the other part traversed it whereupon they were at Issue if the Prior c. held the Land discharged tempore Dissolutionis c. And now on the part of the Plaintiff in the Prohibition certain old persons were produced who remembred the time of the Monasteries and that they did not pay any Tithes then or from thence Exception was taken to the suggestion by Coke that here is nothing else than a Prescription de non Decimando for here is not set forth any discharge as composition unity of possession priviledge of order as Templarii Hospitiarii c. ●enner Iustice Spiritual persons may prescribe in non Decimando for it is not any prejudice to the Church Wray Although it is not set down the special manner of discharge yet it is well enough for we ought to take it that it was by a lawful means as composition c. or otherwise For the Statute is that the King shall hold discharged as the Abbot c. and we ought to take it that it was a lawful discharge of Tithes tempore dissolutionis And afterwards the Iury found for the Plaintiffs in the Prohibition But no Evidence was given to prove that the Defendant did prosecute in the Spiritual Court contrary to the Prohibition CCCXXVI Sheldons Case Mich. 32 33 Eliz. In the Kings Bench. SHeldon Talbot and two other four persons in all Indictment upon the Statute of 23 Eliz. were Indicted upon the Statute of 23 Eliz. of Recusancy the words of the Indictment were Quod illi nec eorum uterque venerunt to any Parish Church c. It was moved by Atkinson That the Indictment is not good for uterque doth refer unto one of them and not where they are many as here and so is an insensible word and so upon the matter there is no offence laid to their charge And the Iustices doubting of it demanded the opinions of Grammarians who delivered their opinions that this word uterque doth aptly signifie one of them Exposition of words and in such signification it is used by all Writers Gawdy I conceive that the opinions of the Grammarians is not to be asked in this case But I agree that when an unusual word in our Law comes in question for the true construction of it then the opinion of Grammarians is necessary But uterque is no unusual word in our Law but hath had a reasonable Exposition heretofore which we ought to adhere unto which see 28 H. 8. 19. Three bound in an Obligation Obligamus nos utrumque nostrum and by the whole Court uterque doth amount to quilibet And see 16 Eliz. Dyer 337 338. Three Ioyntenants in Fee and by Indenture Tripartite each of them