Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	county_n	justice_n	session_n	5,221	5	10.3826	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29929	A vindication of the case relating to the greenwax fines shewing how the rights and prerogative of the Crown are diminished, officers enriched, and the subjects oppressed by the mismanagement of that revenue : also, disproving the allegations used to hinder a reformation thereof, as contradictory to the reports and resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages.	Brunskell, Percivall, 17th cent.	1684 (1684)	Wing B5238; ESTC R31991	33,087	115

their Predecessors ever injoy'd them This allegation may be presumed to be a great mistake For amongst all the things granted or allowed to them or their Predecessors there is not the least mention of these Fines and the Judges have resolved in the Earl of Devonshire's Case That a long Enjoyment by force of general words in Letters-Patents cannot create a Right in Law to any Profits of the Crown Also the Statute 1 Hen. 4. cap. 6. provideth That nothing shall pass out of the Crown without it be expresly named and granted And it 's well known that the late Lord Keepers and Chancellors have other and greater Sallaries and allowances particularly granted by your Majesties Royal Father and Grandfather then their Predecessors ever enjoyed and Qu. Elizabeth granted and King James confirmed a Moiety of all Fines upon Originals to the Cursitors in Fee Ergo Your Majesty hath a Right to take or grant the other Moiety This may be prevented if head Officers in every Court to whom it belongs keep an exact Bill of Pleas and record all Contempts therein as soon as committed and set the Fines and Amerciaments presently taking it pro confesso if the person or Officer offending at the day given or before do not appear discharge himself that he is guilty Your Majesty may lay Your old dutyes upon the original Process now used or reduce the Courts to their first Establishments seeing the Judges and Officers forego not their own Fees and persons holding Tolls and Franchises by grants from the Crown permit no Encroachments And all Loyal and Ingenious Subjects know that Your Crown cannot be supported without Royal aids or duties which must Issue out of real or personal Estates Trade Proceedings at Law or Offices And when your old dutyes fall short to defray Your necessityes it forces Your Majesty to ask new Supplyes wherewith all Your subjects are generally Taxed For that reason when it was perceived That the Crown was deceived of a duty by projected Recoveryes It was Enacted by the Statute 32 Hen. 8. cap 1. that Writs of Entry shall pay as much as Writs of Covenant in Chancery 9. Abuse That Fines and Amerciaments set by Justices in Eyre Commissioners of Sewers and Clarks of the Markets are not estreated which amount to 1000 l. per annum also Amerciaments in Sheriffs Turns and Leets amount to 1000 l. per annum at least there being at least 600 Hundreds in England and Wales besides many Mannors wherein Courts are holden twice a year and all the Amerciaments not granted away belong to your Majesty yet due care is not taken thereof as the Statute 14 Rich. 2. cap 11. and 11 Hen. 7. cap 15. direct which the Attorney-General hath reported ought to be observed and Bailiffs of Liberties observe it not tho enjoyned to do all things required of Sheriffs by force of the Statute 27 Hen. 8. cap 24. This may be prevented by charging the Justices in Eyre and Commissioners of Sewers to take care of their Clarks also by charging the Clarks of the Markets to Estreat all Fines and Amerciaments into the Exchequer And if Amerciaments in Turns and Leets be estreated and returned to the Sessions as the Statute 11 H. 7. cap. 15. doth direct Duplicates may be returned from thence to the Exchequer to charge Accomptants therewith Your subjects presuming to have a Right of Common or the like not worth 2 d. will be at expensive Suits to preserve their Rights a multo fortiori your Majesty may preserve yours because these Fines and Amerciaments being contingent things may happen at one time or other to be very considerable in all Courts throughout the Kingdom and all Stewards and Clarks of the Peace are enjoyned by Oath and Duty to do as the Statute directeth and Your subjects Rights and Liberties cannot be injured by adjusting your Majesties Rights Ergo Reasonable 7. Abuse That the Officers of the Exchequer disobeying the Barons Orders permit Under-Sheriffs to take their Bailiffs Returns and Accompts de bene esse and pass them as true in the Exchequer whereby Wages are allowed for the Clarks of the Peace as Servants to the Justices not attending at Assizes or Sessions whereas they are no Servants within the meaning of the Statute 14 Rich. 2. to whom Wages ought to be allowed and there being two Thousand Justices of the Peace in England and Wales a fourth part may be modestly reckoned not to attend at one and the same time whose Wages computing the Petit and grand Sessions and Assizes in every County one with another at 4 s. per diem and 2 s. for their Men for every days non-attendance amount to 3000 l. per annum and upwards whereof your Majesty is wronged and the Justice get not a farthing This may be prevented if wages be not allowed upon Under-Sheriffs Accompts to Clarks of the Peace deputed by the Custos Rotulorum or any other as Servants to any Justices of the Peace unless the Justices themselves do attend at the Assizes and Sessions as the Statute 14 Rich. 2. cap. 11. doth direct and that the Bailiffs or others who pay the Justices Wages may attest his or their accompts upon Oath before a Magistrate appointed to take Affidavits particularly shewing what they pay and to whom that Under-Sheriffs may produce the same to accompt by in the Exchecquer as the Barons have ordered because the Under-Sheriffs swearing their Bailiffs returns to be true for ought they know signifies nothing for that reason divers Under-Sheriffs formerly passed their accompts by Proxies 8. Abuse That the Nomina Villar ' whereby the Boundaries of Liberties are now adjusted were taken at first upon the Information of Under-Sheriffs who received the same from their Bailiffs de bene esse without further Enquiry thereinto To prevent this Sheriffs for the future may take Indentures of Bailiffs of Liberties to execute all Process as the Statnte 12 Edw. 2. chap. 5. doth direct and return such as particularly relate to your Majesties casual Profits into the Court of Exchequer that Officers may know on whom to place the accompt thereof also that the Boundaries or extent of Liberties may be diligently inquired into and ascertained by the Verdicts of substantial Juries so be made good matter upon Record for the future For as private Lords and Parishes yearly surround their Boundaries to prevent encroachments a multo fortiori your Majesties ought to be enquired into and ascertained by good matter upon Record 9. Abuse That the Recognizances of solvent persons generally compounded and withdrawn amount unto as much or more than such as be estreated and the Recognizances which are now estreated amounting to 100000 l. per annum would be likewise compounded or withdrawn if the poor people were able to satisfie the Officers demands for the Clerks of the Peace seldom take less than 16 s. Clarks of the Assize 3 or 4 l. and Officers of the Exchecquer 7 or 8 l. whose Fees exceed not 3 l. to

Records say That Officers Secundum consuitudinem Curioe are admitted gratis And Records were ever accompted sacred Ergo The custom of Selling or Vitiating sacred Records with a Gratis Admittantur falleth under this Maxime malus usus abolendus and it will not only indear the Officers to be pardoned and continued in upon their good behaviour but when their dependance is wholly upon your Majesty they will have a greater regard to your Majesties Business and Profits 2. This Method requiring no ready money will be satisfactory to all Loyal Subjects because the Sons of such as were impoverished by the late intestine Rebellion will be enabled to obtain Imployments being now incapaciated to buy or gratifie such as procure them Grants thereof Furthermore it will prevent extortion for when Officers deposite great sums of money upon Purchase or Admission to their Offices it inclines them to indirect Practices to re-imburse themselves 3. Your Majesties Fines and Amerciaments depend chiefly upon the Executive part of the Law and the honesty of the Officers intrusted therein was at a low Ebb if your Majesties Attorney Generals Reports and Experience be not mistaken Ergo 'T is prudent to oblige them in point of Interest to be carefull thereof because Officers will ever be true to their interest and yield perfect obedience to your Majesty or such as your Majesty thinks fit to intrust with the placeing or displaceing of them 4. The Author which writ the Antidotum Britanicum Fol. 202. saith It 's unjust to deny a Prince that Power which every Subject hath to place and displace or retrench his Servants That nothing contibutes more to the Grandure and Glory of a King and Kingdom than faithful Counsellors who advise the Prince what he Ought to do rather than what he May do And as an expedient to keep the Officers within the Sphear of Integrity and Justice proposeth the Example of Henry the Great of France who composed a certain number of Judges in nature of Commissioners as proposed diligently to superintend the Officers and receive Information of the People Whether they have been justly dealt with and where not and accordingly to Reward or Punish 5. The Great Chamberlain lately challenging a right to dispose of an Inferior Office as the Judges do His Lordships usage upon the hearing and Debate thereof before your Majesty in Councel was adjudged void and Sir William Jones Attorney and Mr. Finch Solicitor General and Mr. Keck of Counsel for the Patentee argued in behalf of your Majesty That your Majesty might determine the Lord Chancellors or Keepers long usage of disposing of Benefices of small value And all usages of that kind although they were impowred to do as their Predecessors had ever done who without interruption had disposed thereof because their usage began not of Right but barely by permission of Your Royal Ancestors to free themselves from the trouble of such small concernes And the late Lord Chancellor agreed thereto and your Majesty was graciously pleased to make this Remark thereon That Offices which at first were not worth any thing are now become very considerable And instanced the Cofferers-Office for one and declared That your Majesty altered the usage of Your Houshould-Servants stepping into Imployments Successively Because Your Majesties happy Restauration was formerly adjudged to be in nature of a Conquest and your Majesty was thereby impowred to do it And the Case falleth under the same Circumstances For many Offices which at first were not worth any thing are now become more considerable than the Judges Sallaries As for instance The three Prothonotaries-Offices in the Common-Pleas and the Clarks of Assizes for Yorkshire The late Lord Chief Justice Pemberton as it 's reported agreed to admit one Mr. Adderley into one of the Prothonotaries-Offices for 6000 Guinies and there be many other considerable Offices which may be executed by Deputies as well as the Custos Brevium Chyrographers or Sir Robert Henleys Office which plainly sheweth when ever Your Majesty thinks fit to dispose thereof they will be acceptable rewards to persons for their good Services and free Your Revenues from Pentions to the great satisfaction of Your Loyal Subjects 6. That private Persons who hold Courts of Record in Fee by a derivative Power from your Majesty now Sell Inferiour Offices by force of a Proviso in the Statute 5 6 Edw. 6. and permit not their Stewards or Judges to meddle with the disposition thereof who have as great Power within their Jurisdiction as the Judges have in the Superiour Courts Amulto fortiori your Majesty being Primitive and seised in Fee may do it A Particular of Offices and Perquisites in Chancery   Per Annum ll Affidavit-Office 300 Bankrupt-Office 100 Clark of the Patents 300 Six Clarks 8000 Vsher 300 Clarks of the Crown 500 Clark of the Presentation 200 Subpoena-Office 400 Cursitors 5000 Hanaper-Office 1000 Registers 2000 The profits of the Seals 6000 Inrolment-Office 306 Softning the Wax 80 Seal-Office 40 Serjeant at Arms 100 The Master in Chancery extraordinary in the Alienation-Office 80 Entring Clark 120 Clark of Indorsements 80 Receiver 140 Clark of the Statutes 80 Clark of the Appeals 40 Clark of the Leases 100 Petibag 350 Clark upon charitable uses 50 Messenger or Pursuivant 100 Enrollment Clarks of the Kings deeds 40 Two Examiners Offices 2000 Six Clarks under them 200 Six Clarks in the Rolls Chappel 300 Perquisits for Orders upon Petit. 300 Moyety of the Fines upon Originals 600 Entring Causes for hearings 800 Twelve Masters in Chancery 2000 Kings Bench per Annum   Per Annum ll Fees out of Latitats 200 Fees out of Records of Nisi-prius 500 Boxes in Court 300 Prothonotaries Secondary 1500 Coronator and Attorney 600 Clark of the Treasury 500 Proclamator 60 Fines upon Latitats 100 Clark of the Papers 100 Clark to file Declarations 50 Seal-keeper of the Bills of Middlesex 150 Clark of the Rules 400 Philazers one for each County 200 Clark of the Errors 100 Cryer in the Court 100 Porter bringing Records to be us'd in Court 10 All the Offices of Clark of Assizes 8000 Also of the Clarks of the Peace 8000 Perquisits for every Record of Nisiprius entred upon Tryals extending to all Courts Assizes and Sessions 6000 Fees out of Judgments and Bails besides Sir Robert Henleys 700 Common-Pleas per Annum   Per Annum ll Clark of the Treasury 500 Custos Brevium 800 Chyrographer 500 Clark of Recognizances before both chief-Chief-Justices 10 Clark of the Supersedeas 40 Clark of the Errors 100 Three Prothonotaries 3000 13 Philazers one with another 5000 Clark of the Warrants and Estreats of the Courts 300 Exigenters 800 Vtlary-Office 300 King's Silver Clark 200 Clark of Essoyns 80 Jurata-Office 120 Proclamators keepers of the Courts 40 The acknowledgment of Fines 200 Fees out of Records made up for Tryal and Copies of Records 500 Box-Money 200 Fees out of Judgments Bails besides Protho-noraries 450 Exchequer per Annum   Per Annum ll Door-keeper of