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	law_n	parliament_n	2,185	5	6.6353	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29389	Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.	Bridgman, John, Sir.; J. H.; England and Wales. Court of Common Pleas.	1659 (1659)	Wing B4487; ESTC R19935	180,571	158

d. imposed the third of December the same year by the Master and Wardens and nine Assistants All which sums do amount to 6 l. 13 s. 4 d. That the sixth of December the 15 Jacob. the Plaintiff had notice of the said sums so imposed and although he thereupon payd 19 s. parcel thereof yet he did refuse to pay the residue which refusal the 16 of December was duly proved before the said Master and Wardens wherefore the 16 of December 15 Jacob. the Master Wardens and Assistants taking with them John Sowland a Serjeant of the Mace did take the said ten Hides in the said City in the name of a Distress and took them away detained them for thirty days after the said Distress and because the Plaintiff did not pay the residue of the said 6 l. 13 s. 4 d. nor agreed for the same the said Master and Wardens and T. B. C. G. M. A. T. K. J. G. M. B. K. J. W. T. and R. T. being the major part of the Assistants after the said thirty days viz. 17 Jan. 15 Jacob. at the said City did cause the said Hides to be appraised by the oaths of R. S. c. six approved men of the said City who appraised them at 7 l. and the said Defendants and Thomas Payn and the major part of the said Assistants did sell them for 7 l. and they said that the surplusage amounted to 25 s. 8 d. and no more which the said William and Thomas Payn with the assent of the Master and greater part of the Assistants before the Suit to wit the seventh of January in the same year at the said City did offer to pay to the Plaintiff but he refused to accept thereof Absque hoc that the Defendants are guilty at Tiverton or any other place out of the said City of Exeter Vpon which Plea the Plaintiff demurred And I conceive that Iudgment ought to be given for the Plaintiff And herein I will not stand at this time to argue whether the Custom will warrant this By-law because there hath been a resolution in the Case in the 8 Rep. fol. 125. for London onely I observe that the Customs of London are confirmed by Act of Parliament but so are not the Customs of Exeter But admitting that the Custom will warrant this by-By-law to restrain a legal Trade or Art within the said City yet I conceive this by-By-law is utterly voyd for three causes and if it were good yet have not the Defendants pursued the same in taking and selling of the goods and that for two causes And as to the first the Defendants have exceeded their Custom in the extent of this by-By-law as to the place for the Society of the Art is alledged to be within the City of Exeter and then they alledg the Custom to be That they have used to make By-laws for the better Government and profit of the said City so that all the Custom is confirmed to the City but the By-law does exceed this for it is That none shall make sell or offer to sell any Shooes c. within the City or the County of Exon the which is not warranted by the Custom as in 5 Rep. Chamberlain of London's Case it was ordained That if any Citizen or stranger should send any Cloth to sell within the City before it shall be brought to Blackwell-Hall to be viewed and searched this is resolved to be good although it do binde a stranger but the reason thereof is given because the offence is committed within the City whereupon I observe that they can make no Order to extend without the City This By-law does exceed their power in the things prohibited and that in two things First That none shall make any Boots Shooes c. within the City or County whereby every man is restrained to make such things for his own use or for his Master or Family and such restraint is clearly against Law and Reason for although that Companies of Trades in Cities and Towns are allowed by the Law yet they cannot by any Custom restrain a man from making any thing pertaining to their Art for his private use and therefore if this By-law had been That none should use the Art of a Shoomaker within the City this had been good but to restrain any that he may not make Shooes for himself within the City this is voyd Vide Cooks 8 Rep. 129. Wagons Case where it was resolved That he might make Candles for his own use and so every one may bake and brew for their own use Furthermore the Defendants have not alledged any Custom That none shall make any Shooes c. within the City c. except those of the Society but onely that they may make By-laws for the good government and profit of the Society of the Art and the making of Shooes for ones private use is nothing concerning their Society and this is proved by the resolution in the said Case and by the Statute of the fifth of Elizab. That none shall use any Art in which he hath not been educated as Apprentice for seven years yet it is lawful for any to bake or brew or to make any manufacture for his private use without any offence to the Statute So Cooks 8 Rep. 125. Sir George Farmers Case He as Lord of the Mannor of Torcester did prescribe to have a Bakehouse and no other Baker should sell bread there this was a good Custom but to restrain any from baking for himself cannot be a good Custom And the Case of the Taylors of Ipswich 11 Rep. fol. 55. Order That none should use the Trade of a Taylor until he be presented to the Master and Wardens and allowed by them yet one may make Clothes for his Master and Family in case the said constitution were good This By-law does restrain other persons to use their Arts for it is That none shall do any thing pertaining to the Art of Shoomakers and it is apparent that many things do pertain to the Art of a Shoomaker which are to be done by other Artificers for all things belong to the Art which of necessity must be used with the Art and without which the Art cannot be used as Leather which is to be made by the Tanner Lasts which are to be made by the Last-maker Auls by the Smith Threed and divers other things and all these by this By-law are prohibited not onely to be sold but also to be made by any not being of their Society The penalty imposed by this By-law is not warranted by the Law nor by their Custom for that ought to be reasonable and ought to be exprest to the end that the Court may judg whether it be reasonable or not and therefore it is resolved in Wagons Case That the Pain ought to be reasonable 1. In respect of the manner thereof and therefore it ought not to be by imprisonment for that is against Magna Charta cap. 29. as it was adjudged in Clarks Case