The Act of Union continues from post (35)...
"c6. Item, that every of the said Justices of Wales shall have power and authority to enquire of all treasons, murders, felonies, riots, routs, unlawful assemblies, extortions, embraceries, maintenances, retainers, concealments, contemps, and all other offences and evil deeds, of what natures, names or qualities soever they be, done, committed or perpetrated within the limits of their commissions and authorities, against the form of the Common Law of the realm of England, or of any statutes of the same, and to hear and determine the premisses, and every of them, and generally to minister common justice to all and singular the king's subjects within the limits of their commissions and authorities, according to the laws, statutes, and customs of the realm of England, and according to this present ordinance."
Showing posts with label power. Show all posts
Showing posts with label power. Show all posts
Friday, February 28, 2014
Saturday, January 4, 2014
Full Power and Authority (21)
The Act of Union continues from post (20)...
"...and that the King's Justices of his Bench, or of his Common Bench of Westminster, shall have full power and authority to direct all manner process to the sheriff and all others officers of the said county of Monmouth, and also to direct writs of Venire facias to the same sheriff for the trial of every issue joined before them; and also to award commissions of Nisi prius into the said county of Monmouth for the trial of such issues joined before them in like manner and form as they do into every shire of this realm of England;..."
A "writ" was a written order constituting a symbol of the power and authority of the issuer, in this case the monarch of England. It required the Great Seal to be applied to become a legal document.
Venire facias = truth:facts = court of inquiry. [My translation, any other input? Please post.]
Nisi prius = unless:except - earlier:former = A earlier case already begun before the act came into force. [My interpretation, any other more precise information out there? Please post.]
"...and that the King's Justices of his Bench, or of his Common Bench of Westminster, shall have full power and authority to direct all manner process to the sheriff and all others officers of the said county of Monmouth, and also to direct writs of Venire facias to the same sheriff for the trial of every issue joined before them; and also to award commissions of Nisi prius into the said county of Monmouth for the trial of such issues joined before them in like manner and form as they do into every shire of this realm of England;..."
A "writ" was a written order constituting a symbol of the power and authority of the issuer, in this case the monarch of England. It required the Great Seal to be applied to become a legal document.
Venire facias = truth:facts = court of inquiry. [My translation, any other input? Please post.]
Nisi prius = unless:except - earlier:former = A earlier case already begun before the act came into force. [My interpretation, any other more precise information out there? Please post.]
Sunday, December 8, 2013
Full Power and Authority (4)
The Act continues...from (3)...
"...which shall have full power and authority to inquire hear and determine all manner of thing and things inquirable presentable or determinable before Justices of Peace, Justices of Quorum and Justices of Gaol Delivery in other shires of this realm of England, by force or virtue of any statute or statutes made and to be made or by the course of the common laws of this realm;..."
According to Jackson, a statute provide that "worthy" men were to be appointed to keep the peacee and hear and determine felonies. They were to hold their sessions four times a year. The term "magistrate" has been used as an equivalent term to "justice of the peace". [See: The Machinery of Justice in England, by J.M. Jackson, p. 80]
"...which shall have full power and authority to inquire hear and determine all manner of thing and things inquirable presentable or determinable before Justices of Peace, Justices of Quorum and Justices of Gaol Delivery in other shires of this realm of England, by force or virtue of any statute or statutes made and to be made or by the course of the common laws of this realm;..."
According to Jackson, a statute provide that "worthy" men were to be appointed to keep the peacee and hear and determine felonies. They were to hold their sessions four times a year. The term "magistrate" has been used as an equivalent term to "justice of the peace". [See: The Machinery of Justice in England, by J.M. Jackson, p. 80]
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