Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29941	Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...	Brydall, John, b. 1635?	1676 (1676)	Wing B5253; ESTC R2537	44,312	135

and although it was said he might execute it by Deputy and his personal Attendance is not requisite by the custome of the sad Mannor yet non allocatur whereupon the said priviledg was awarded 3. The Recorder A Recorder is he whom the Mayor or other Magistrate of any City or Town Corporate having jurisdiction or a Court of Record within their precincts by the Kings grant doth associate unto him for this better direction in matters of Justice and proceedings according to Law Thus much in general of the Recorder-ship of any City or Town but more particularly we say That the Recorder of London is the person whom the Lord Mayor and Aldermen do associate unto them for their better direction in matters of Justice and proceedings according to Law and therefore he ought to be a grave and Learned Lawyer well seen in the Common Law and skillful in the Customs of the City and such a one indeed is that honourable and very grave person Sir John Howell a member of the Royal Society of Lincolns Inne who at this very time is Recorder of this most glorious City The Recorder of London takes place in Councils Stow. and in Courts before any man that hath not been Lord Mayor and learnedly delivers the Sentences of the whole Court By the Stat. of 23. H. 8. c. 6. the Mayors of the Staple at Westminster and the Recorder of the City of London joyntly together have full authority to take Recognizances for the payment of debts in the absence of the Chief Justices out of Term. 32. E. 1. Geoffry Hertilepole Alderman was elected to be Recorder of London and took his Oath and was appointed to wear his apparel as an Alderman 4. The Sheriffs BEfore I speak in particular of the Sheriffs of London I shall present to the Reader several Queries with resolutions given unto them out of our books of Law touching Sheriffs in general For the better Information of all such Officers through the whole Kingdom Quaere 1. Whence the word Sheriffs is derived Resp Sheriff is a word compounded of two Saxon words viz. Shire and Reve Shire Satrapia or Comitatus cometh out of the Saxon verb Shiram i. e. partivi for that the whole Realm is parted and divided into Shires Co. Litt. 168. a. And Reve is praefectus or praepositus so as Shireve is the Rive of the Shire Praefectus Satrapiae Provinciae or Comitatus And he is called Praefectus because he is the chief officer to the King within the Shire for the words of his patent be Commissimus vobis custodiam Comitatus nostri c. Quere 2. How a Sheriff was Quere 2. and is to be elected Resp It is to be known that the office of a Coroner ever was and yet is eligible in full County by the Freeholders by the Kings writ de Coronatore eligendo and the reason thereof was for that both the King and the County had a great interest Co. 2. Inst fol. 174. 175. 558. 559. and benefit in the due execution of his office and therefore the Common Law gave the Freeholders of the County to be electers of him And for the same reason of ancient time the Sheriff called Vice-Comes who had Custodiam Comitatus was also eligible for first the Earl himself of the County had the office of the Sheriff of the County and when he gave it over the Vice-Comes as the word signifieth came instead of the Earl and was eligible by the Freeholders of the County but this way by election is altered by divers Acts of Parliament 14. E. 3 c. 7.23 H. 6. c. 8.12 R. 2 c. 3. viz the Act. of 9. E. 2. Lincolne de Vice-Comitibus 14. E. 3.12 R. 2. 23. H. 6. vide the Statuts themselves Quaere 3. Whether the Day of the Billing of Sheriffs may be deferred from the usual day Resp Upon the sixth of November the Term of Michael 16. Car. Regis the Lord Keeper of the great Seal the Lord Treasurer the Lord privy Seal Earl of Arundel Earl Marshall the Earl of Pembrok Lord Chamberlin Cro. 3. part Terme Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer were assembled in the Exchequer Chamber to nominate three persons of every County throughout England to be presented unto the King that he might prick one of them to be Sheriff of every County which is usually done according to the Statute upon the 3. of Nov being Crastino animarum But because it was the first day of Parliament and the Lords were to attend the King It was resolved by the advise and resolution of the Major part of the Justices with whom Conference was had in this cause that it might be well put off to another day And the Lord Keeper notwithstanding the Statute deferred it until this day Quaere 4. In what the office of the Sheriff doth consist Resp It belongeth to the Sheriff to serve the Kings writs of process be they summons or Attachments to compell men to answer to the Law and all writs of execution of the Law according to judgments of superior Courts for taking mens goods Lands or bodies as the cause requireth and by the Order of the Common Law and Statutes of the Realm he may for the better execution of his Majesties writs and process of Law after resistance take posse Comitutus He is to return indifferent Juries for the Tryal of mens Lives Liberties Lands and Goods He ought to see that the publique Peace be kept which is the Life of the Commonwealth and therefore he is said to be Principalis Conservator Pacis within the County It is his duty to gather the publique monies and profits of the Prince in his County to collect and bring into the Exchequer all fines imposed even by distreining He is to see condemned persons executed To conclude he is to determine and examine certain smaller pleas Civil and Criminal the former are decided in the County Court the latter in his Court called the Town Quaere 5. If one be in the Sheriffs Custody by process of Law and then another writ is delivered to apprehend the body of the party that is already in Custody whether he be in Custody by vertue of the second writ without an Actual Arrest Resp It was adjudged Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff by process of the Law and afterward another writ is delivered unto him to apprehend the body of him who is already in Custody Immediatly he is in Custody by force of the second writ by judgment of Law although he make no actual Arrest of him for to what purpose should the Sheriff arrest the party that is already in Custody and Lex non praecipit inutilia quia inutilis Labor est stultus Quaere 6. Whether a Sheriff Bailiff c. may arrest one without shewing the warrant Resp It was adjudged Co. Lib. 9. Mackaleyes