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	justice_n	law_n	1,616	5	4.3920	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77413	Briefe collections out of Magna Charta: or, the knowne good old lawes of England· Which sheweth; that the law is the highest inheritance the King hath; and that if his charter, grant, or pattent, be repugnant to the said lawes, and statutes, cannot be good, as is instanced in the charter of Bridewell, London, and others. By which it appeares; that the King by his charter may not alter the nature of the law, the forme of a court; nor inheritance lineally to descend; nor that any subject be protected from arrests, suites, &c.	England. Magna Carta.	1643 (1643)	Wing B4557; Thomason E38_12; Thomason E102_11; ESTC R2906	6,685	16

the wife shall not be endowed of her husbands lands nor that Inheritance shall lineally descend nor that any Subject shall be under protection from arrests suits and such like c. Yet doe not wee see daily in experience That whatsoever can be procured under the Great Seale of England is taken Quasi sanctim And although it be meerly against the Laws Customes and Statutes of this Realme yet it is defended in such sort that some have been called rebellious for not allowing such voyd and unlawfull grants And an infinite number of such like presidents I could set downe to maintaine the aforesaid argument but these few examples shall serve for this time The authority of the Governours of Bridewell But now we have to see if the said Charter granted to the Citie concerning the authoritie of the Governours of Bridewell stand with the Lawes Customes and Statutes of this Realme or not The effect of which Charter in one place is That the Governours have authority to search enquire and seek out idle Ruffians Tavernehunters Vagabonds Beggars and all persons of evill name and fame whatsoever they bee men or women and then to send and commit to Bridewell or by any other wayes or meanes to punish or correct them as shall seeme good to their discretions Here you see what the words of the said Charter are Now are wee to consider what the words of the Law be See Magna Charta of the Liberties of England cap. 29. Magna Charta cap. 29. 29. No Freeman shall be taken or Imprisoned or be Disseised of his Freehold or Liberties or free customes or to be outlawed or exiled or any other wayes destroyed Nor wee shall not passe upon him nor condemne him but by lawfull Judgement of men of his degree or by the Law of the land Now if we doe compare the said Charter of Bridewell with the great Charter of England both in matter sense and meaning you shall finde them meerely repugnant In the said great Charter of England in the last Chapter amongst other things the King granteth for him and his heires That neither he nor his heires shall procure or do any thing whereby the Liberties in the said Charter contained shall be infringed or broken And if any thing be procured or done by any person contrary to the premisses it shall be had of no force or effect Here must you note also That the said great Charter of England is not onely confirmed by the Statute of Marlebridge cap. 5. Stat. of Malb cap. 3. but also by many other Statutes made in the time of King Edw. King Ed. 3. R. 2. H. 4. H. 5. H. 6. Anno 43. E. 3. cap. 1. 3. King R. 2. Hen. 4. Hen. 5. and Hen. 6. Amongst sundry of which Confirmations I do note one above the rest The which is An. 43. Edw. 3. cap. 1. The words are these viz. It is assented and accorded That the great Charter of England and the Charter of the Forrests shall be kept in all points and if any Statute be made to the contrary they shall bee holden for none Hitherto you see it very plainly That procurement nor Act done either by the King or any other person or any Act of Parliament or other thing may in any wayes alter or change any one point contained in the said great Charter of England But if you will note the words sence matter and meaning of the said Charter of Bridewell you shall finde it all meerly repugnant to the said great Charter of England I doe note one speciall Statute made in the said 43. yeere of King Ed. 3. the which if it be well compared to the said Charter of Bridewell it will make an end of this contention The words are these viz. Item at the request of the Commons by the Petition put forth in this Parliament to eschew the mischiefes and damages done to divers of the Commons by false Accusers which oftentimes have made their Accusements more for vengeance and singular profit then for the profit of the King and his people of which accused persons some have been taken and caused to come c. against the Law It is assented and accorded for the Government of the Commons That no man be put to answer without presentment before the Justices of the King upon Record by due processe As by Writ originall according to the old Law of the land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour As I said before so say I still If this Stature be in force as I am sure it is then is the Law cleare That the proceedings in Bridewell upon the accusation of Whoors taken by the Governours of Bridewell aforesaid are not sufficient to call any man to answer by any Warrant by them made without Indictment or other matter of Record according to the old Law of the land Such like Commissions as this of Bridewell is were granted in the time of King Ed. 3. by especiall procurement to enquire of speciall Articles the which Commissioners did make their Inquiries in secret places c. It was therefore enacted Anno 42. Ed. 3. Anno 42. E. 3. cap. 4. That from henceforth in all Inquiries within the Realme Commissions should bee made to some Justices of one Bench or other or Justices of Assize or Justices of the Peace with other of the most worthy of the Countie c. By this Statute we may learne that Commissioners of Inquiries ought to sit in open Courts and not in any close or secret place and that their Inquirie ought to be by Juries and by no discussion or examination If you looke upon the Statute of Anno H. Anno 1. H. 8. cap. 8. 8. cap. 8. you shall there perceive the very cause why Empson Sheffeild and others were quite overthrown the which was as by the Indictments especially appeareth for executing Commissions against due course of the Common Law and in that they did not proceed in Justice according to the Liberties of the great Charter of England and of other Laws and Statutes provided for the due executing of Justice There was a Commission granted forth in the beginning of the Raigne of Queene Elizabeth of happie memory unto Sir Ambrose Cave Sir Richard Sackvile and others for the examination of Felons and of other lewd persons It so fell out that many men of good calling were impeached by the accusation of Felons Some great men and Judges also entred into the validity of the Commission And it was thought that the Commission was against the Law and therefore did the Commissioners give over the Commission as all men know And whereas the Examination is by the Commission referred to the wisedome and discretion of the Governours of Bridewell As touching this point I find that the examination of robberies done by Sanctuarie men was appointed to the discretion of the Councell or to four Justices

Briefe Collections OUT OF Magna Charta OR The Knowne good old LAWES OF ENGLAND Which sheweth That the Law is the highest Inheritance the King hath and that if His Charter Grant or Pattent be repugnant to the said Lawes and Statutes cannot be good as is instanced in the Charter of Bridewell London and others By which it appeares That the King by His Charter may not alter the Nature of the Law the Forme of a Court nor Inheritance lineally to descend nor that any Subject be protected from Arrests Suites c. Printed at London for George Lindsey and are to be sould at his Shop over against London-stone 1643. Collections out of MAGNA CHARTA OR The knowne good old Lawes of ENGLAND INter Magnalia Regni Magnalia Regni 19. H. 6. Amongst the greatest and most haughty things of this Kingdome as it is affirmed in the 19. H. 6. Le ley est le pluis hault Inheritance q. le Roy ad c. That is the Law is the highest Inheritance that the King hath For by the Law both the King and all his Subjects are ruled and directed The Maximes to direct the King The Maximes and Rules whereby the King is directed are the ancient Maximes and Customes and States of this Land The Maximes The Maximes are the foundations of the Law and the full and perfect Conclusions of reason The Customes of the Realm The Customes of the Realme are properly such things as through much often and long vsage either of simplicitie or ignorance getting once an Entrie are entred and hardned by Succession and after be defended as firme and stable Lawes The Statutes of the Realm The Statutes of the Realme are the resolute Decrees and the absolute Judgements of the Parliament established by the King with the common consent of the three Estates who doe represent the whole and entire Body of the Realme of England To the purpose of this discourse The law is If any Charter bee graunted by the King the which is repugnant to the Maximes Customes or Statutes of the Realme Then is the Charter void and it is either by Quowarranto or by Scirefacias as learned men have left Presidents to bee repealed As in Anno 19. Ed. 19. Ed. 3. 3. That a Kings Grant which is either repugnant to Law A Kings Grant repugnant to Satutes c. not good Custome or Statute is not good nor pleadable in the Law See what Presidents thereof have beene left by our wise Forefathers It is set downe in 13. 13. H 6. H. 2. H. 6. That King H. 2. had by his Charter granted to the Pryor and Monks of S. Bartholomews in London that the Pryor and his Monks should be as free in their Church as the King was in his Crowne Yet by this grant was the Pryor and his Monks deemed and taken to be but as Subjects and the aforesaid grant in that respect to be voide For by the law the King may not any more disable himself of his regall superiority over his Subjects then his subjects can renounce or avoide their subjection against or towards their King or Superiour Stacyes example You know that Stacy would have renounced his loyalty and subjection to the Crowne of England and would have adopted himselfe to have been a subject to King Philip of Spaine But answer was made by the Court That by the lawes of this Realme neither may the King release or relinquish the subjection of his subject neither may the subject revolt in his allegiance from the superiority of his Prince There are two notable presidents in the time of King Edward 3. K. Ed. 3. the which although they take place in some one respect yet were they not adjudged of according to the minde of the King being the Grantor The L. Mountague That is the King granted unto the Lord William Mountague the Isle of Wight and that he should be crowned King of the same The Earle of Darby And he also granted unto the Earle of Darby the Isle of Man and that he should be crowned King of the same Yet these two personages notwithstanding the said grants were subjects 8. H. 4. and their Islands were under the dominion and subjection of the King and in that respect were the grants voide It was spoken in the 8. 31. H. 6. H. 4. Quod potest as Principis non est inclusa legibus That is a Princes power is not bounded with rules or limits of the law howsoever that sentence is so the law agreed to the contrary The 31 H. 6. whereas it is agreed for law That it is not in the Kings power to grant by his Charter that a man seized of land in see simple may devise by his last Will and Testament the same lands to another or that the youngest sonne by the custome of Burrough English shall not inherit or that lands being Frank fee should be of the nature of ancient demeasne Or that a new incorporated towne 34. H 8. that an assize of Fresh force should be used or that they shall have toll traverse or through toll or such like c. 37 H. 8. 49. Ass 4.8 See also a notable case agreed for law in 6. H. 7. where the Justices doe affirme the law to be that Rape is made felony by statute and that the same by the law is not inquirable but before Justices that have authority to heare and determine of the same In this case the King cannot by his Charter make the same offence to be enquired of in a Law day nor the King cannot grant that a Leet shall be of any other nature then it is by the course of Common Law So thereby it appeareth that the King may not either alter the nature of the Law the forme of a Court or the manner or order of pleading And in 8. H. 6. it is agreed for Law Anno 8. H. 6. That the King may not grant to I. S. That I. S. may be judge in his owne proper Cause nor that I. S. shall be sued by an action at the Common Law by any other person nor that I. S. shall have a Market a Faire or a free Warrant in another mans soyle Hill Justice And in the long Record by Hill the reverend Judge it is said for Law That whereas the King hath a prerogative that Hee shall have the worship of the body of His Tenants although be hold of the King but by posteriority yet if the King grant over his Seigniory unto another with like prerogative notwitstanding any Posteriority the prerogative shall not passe For saith the Booke the King by His Charter cannot change the Lawes The same Law is That the King cannot grant unto another the prerogative of Nullum tempus occurrit Regi nor that a Discent shall not take away an Entry nor a Collaterall Warrant shall not bind nor that Possessio Fratris shall not take place nor that