Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	king_n	parliament_n	3,554	5	6.8839	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63179	[The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...]	Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench.	1685 (1685)	Wing T2193; ESTC R4697	75,252	56

of England was held of the Crown as originally it was Mr. Trever My Lord in 2d Rolls 646. Tit. Tryals There is the express Opinion of my Lord Rolls That to be of the Livery or a menial Servant of the Crown is a good Cause of Challenge L. Ch. Just And look you but in the 1 st Case in the 1 st Part of the Abridgment Title Challenges where he mentions 3 or 4 Books to the same purpose and 't is quite otherwise Mr. Williams My Lord In that of 1 st Rolls he only cites some Books but the other is his own Opinion L. Ch. Just Well make out your Fact if you have a mind to it but it is well known that neither Mr. Serjeant Rolls nor my Lord Coke when he delivered that Opinion are to be reckoned such Authorities in Crown matters Mr. Williams We will ask him my Lord if you please I suppose he will not deny it L. Ch. Just No make out your Fact if you will have any benefit by it 't is only a Challenge to the favour which ought not to be in the Kings Case I am very glad that we are now to debate this matter with Men of the Robe because we have had a strange sort of Notions and Reflections spread abroad of late as tho' the Judges now adays gave strange sort of Opinions and as tho' Persons that had been blemishes at the Bar were preferred to do strange things when they come upon the Bench but truly I wonder to hear that it should be a doubt when at the same time that which we gave as our Opinion about one particular Challenge that is as to Free-holders it was the Judgment of all the Judges That that was no Challenge and all the Counsel that were concerned in that Case know it was the Opinion of all the Judges But now if we meet with Lawyers I shall be glad to have the matter fairly argued and debated and pray shew me what Law or Reason is for it Mr. Wallop Certainly my Lord there is a great difference betwixt the general Allegiance of all Men and so of a general tenure and the dependance of any particular Person who is a menial Servant and receives Wages of the King L. Ch. Just I would desire to know of you Mr. Wallop which is the greater Challenge to say such a one is Tenant or such a one is immediate Servant to J. S Mr. Wallop There is a great difference my Lord I think between an immediate Tenant and the general tenure of all Subjects L. Ch. Just But certainly the Law is thus if he were an immediate or a mediate Tenant to any but the King if his Lord were party to the Suit it would be a good Challenge but the being Tenant to the King is no good Challenge in the Kings Case Mr. Williams My Lord I take it the Act of Parliament that takes away the Court of Wards and Liveries hath altered the Law as to that matter of Tenure for now we hold in Socage and that other Tenure is destroyed that was between the King and his Subjects L. Ch. Just But pray how comes it to be a Challenge now that was not one before Does that Act of Parliament make it a good cause of Challenge If it does shew it I tell you the Old Books are against it Mr. Williams I speak my Lord to the Tenure That that is nothing at all now to be objected because all is now in Socage L. Ch. Just I would not have Mr. Attorney insist upon a Jury-man but yet with-all I would not have it gone away with as Law that it is a good Cause of Challenge Mr. Wallop My Lord We finding in some Cases that are in our Books that it is held to be a good Cause of Challenge lay it before the Court. Mr. Att. Gen. How many 100 Errors do you find in my Lord Coke notwithstanding all his Learning L. Ch. Just I say if I was Mr. Attorney I would not contest for any particular man to be a Jury-man I speak that as my advice but I would not have it taken for Law nor would I have it broached abroad that tho' the Judges now were of one Opinion yet the Law truely was of another Mr. Jones If all that receive Sallery or Wages from the King are not to be Jury-men in the Kings Causes then all the Deputy Lieutenants and Militia Officers which generally are the most substantially Freeholders are excluded from being Jury-men Mr. Just Wythins Who will say so Mr. Jones No Lawyer in England surely will say so Mr. Williams Offices where there are no profit will not be the same exception Mr. Att. Gen. But he is no menial Servant of the Kings Mr. Williams What is he then Mr. Wallop We hear that he is Keeper of one of the Kings Forests and has a Fee for it Mr. Williams Well we will ask him upon a voyer dire Mr. Att. Gen. My Lord The Fact is quite otherwise and I desire they may make it out L. Ch. Just Truly I think 't is not tanti to insist upon any particular man but I find we are in Age that is so full of Cavils that if we act but according to the Presidents that went before us we are thought to act as Originals and to make new Laws when we only follow the Rules that we have received from our Predecessors And I say there was no such Challenge at Common Law that ever I read of in any of our Books nor is it any Challenge by the best Authorities extant Mr. Jones I desire them to shew me any such President That any man was challenged by one that was tried at the Suit of the King for a Challenge to the Favour but we must do unpresidented things or else there will be no satisfying of some Men. Mr. Att. Gen. I would fain know what one Opinion in a stragling Book is against the Currant of all our Law Mr. Williams Which do you call a stragling Book Mr Attorney my Lord Coke's Institutes or my Lord Rolls Abridgment L. Ch. Just I say the better Opinion of the Books is on the other side and the greater number too Mr. Att. Gen. First of all I do know of my own knowledge he is no menial Servant L. Ch. Just Mr. Attorney I do debate it for Learning sake truely I know not the Man nor whether he be the Kings Servant or not but I speak against allowing the Challenge that if he be set aside it may not be taken as a President and so pass for Law that the Kings Servants can't be Jury-men I would have you quit the man by consent but not as a force-put as tho' the Law were so for the Law I think is otherwise Mr. Att. General He is none my Lord they mistake L. Ch. Just Nay I know nothing of the man I tell you only what I think Mr. Wallop He receives Wages or a Fee from the King for his Office Mr. Just Wythins