Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	court_n	1,554	5	6.9960	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25872	The arraignment, tryal, and condemnation of Ambrose Rookwood, for the horrid and execrable conspiracy to assassinate His Sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason before His Majesty's justices of Oyer and Terminer, at Westminster on Tuesday the 21st of April 1696, and received sentence the day following, and was executed at Tyburn on the 29th day of the said month : in which tryal is contained all the learned arguments of the King's council and likewise the council for the prisoner, upon the new act of Parliament for regulating tryals in cases of treason.	Rookwood, Ambrose, 1664-1696, defendant.	1696 (1696)	Wing A3755; ESTC R4588	88,215	80

words before Evidence given in open Court but have said they should have had no Advantage of the Exception unless it were before Plea pleaded it does not say it shall be after the verdict or before the Verdict but before the Evidence given Now if they had meant what these Gentlemen say they would have appointed it to be before the Verdict which would have included the Tryal because then it had been like the Penning of other Acts of Parliament the Statutes of Jeotailes and the like which say That after a Verdict such and such Exceptions shall not Arrest a Judgment But if they can shew me any Statute that is penn'd like this they give me an answer All those Statutes are That no Judgment shall be Arrested or Delay'd upon such or such Exceptions after a Verdict But here it says They shall not Arrest Judgment unless the Exception be taken before Evidence given in open Court My Lord We submit it to you we think the Law-makers did intend somewhat by that particular way of Expression Different from all other Acts of Parliament and truly if it be not as we offer to your Lordship we think it can have no meaning at all Mr. Att. Gen. Truly my Lord we think it is very plain what the Parliament meant by this Clause in this Act the Design was to Restrain the Prisoner from moving in Arrest of Judgment for Mis-spelling or false Latin or little Matters of Form if he did not move it in a proper time having such a Liberty allow'd him as to have a Copy of the Indictment so many days before he was compelled to plead They insist upon it that the words are Before Evidence given It is so But what can be the meaning of that It must be at such time as the Law allows it is not making a new Method of Tryal you shall take Exception before the Evidence that is before the Tryal for it can never be intended that they meant to alter the Course and let the Council break in between the time of the Jury's being Sworn and the Evidence given that by no Law could ever have been done before Sir B. Shower Pray Mr. Attorney when would you have us do it Mr. Att. Gen. Regularly before Plea pleaded at least-wise before the Jury be Sworn L. C. J. Holt. Undoubtedly this is not Regular it is contrary to all the Course of Practise it is not fair Dealing with the Court But then there is another Consideration in the Case that I would have you think upon If so be this had been at a Tryal by Nisi Prius then the Judge of Nisi Prius is only to try the Issue but now here the very Record is before us and we are Judges of the Record as well as we are to assist the Jury in Trying the Issue Now take it in any other Case of the like nature Suppose a Tryal at the Bar in any Civil Cause though this be contrary to Practise and the Court not fairly dealt with yet when we have the Record before us and find an Error in the Record cannot we Quash the Indictment and Discharge the Jury That is the Question Mr. Attorney though I must confess I do not know that it has been practicable Mr. Att. Gen. No my Lord in a Case of Treason where the Jury are once charg'd they are to give a Verdict they must either Acquit or Convict Sir B. Shower It was done in Whitebread's Case Mr. Att. Gen. But I know what has been usually thought in that Case and I believe they cannot shew me another L. C. J. Holt. Nay that this is a very Irregular Motion is very plain Mr. Sol. Gen. Certainly my Lord you must take it as the Law was before this Act for this Clause does nothing for the Prisoner but is against him L. C. J. Holt. I know it is not for the Advantage of the Prisoner therefore I put it as a Case in an Action or an Indictment as the Law was before whether this being a Tryal in the same Court where the Indictment was found and we find all Insufficiency in the Record before us whether we cannot Quash the Indictment Mr. Sol. Gen. Your Lordship mentions Civil Actions with Submission nothing of that kind could be done after once the Cause came to Tryal but in Criminal Causes according to the Course of Practise which will always be the Law till particularly altered I believe no body can pretend that after Issue joyn'd and a Jury charg'd any one can move to Quash the Indictment I think I have heard it often said in this Court that in Capital Cases as High Treason you may put in a Plea in abatement of but not a Motion to quash an Indictment I am sure it was disallowed where I moved to quash an Indictment of Murder let them but show any president of this nature Sir B. Shower We will show you tho' this is the first Case upon this Act of Parliament therefore to show any practice upon it would be very hard to require of us L. C. J. Holt. But can you show it before this Clause in this Act of Parliament which as I told you is not for your advantage it does not give you that liberty that you desire Sir B. Shower All the Clauses in this Act of Parliament show'd their intention was this that the sence of the Law-makers was that we should have this Liberty at any time before Evidence given for if there be such words as show'd they thought it might quash'd at any time tho' they were mistaken in the practice yet we shall have the Liberty that they intended us and the wording of this Act shows that the Parliament thought it might be done after the Tryal begun before Evidence given because they restrain us from taking those Exceptions after the Evidence given and it is no prejudice to the King at all really it is rather for the advantage of the Prosecution because there is none of the Evidence disclosed and therefore if the Indictment should be found faulty still the Evidence remains undiscovered upon another Indictment and I have often heard it said at this Bar in Cases of Indictments for Felony or Treason as Murder or the like if any one did come as amicus curiae and acquainted the Court that they were going to proceed upon an erroneous Record or give an erroneous Judgment or do any other erroneous Act he ought to be received with kindness because he would prevent a wrong doing L. C. J. Holt. That is in the proper time not to interrupt the Tryal when the Jury is once sworn Sir B. Shower We are ready to offer our Exceptions and we hope it is no prejudice at all to the King before the Evidence of the Fact is given Mr. Phipps My Lord I perceive that this Clause as they would have it is intended to prevent us from moving that in Arrest of Judgment which we could have moved before and ties us up to

Court sat about Eight a Clock at which were present a great Number of Noblemen and Persons of Quality who were in the Commission and Seven of the Judges to wit the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Nevile Mr. Justice Powel Mr. Justice Eyres and Mr. Baron Powis Cl. of Ar. Cryer Make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions of Oyer and Terminer Adjourned over to this Day draw near and give your attendance And God save the King Cl. of Ar. Cryer Make Proclamation Cryer O yes Sheriffs for the County of Middlesex return the Precepts to you directed upon Pain and Peril will fall thereon The Under Sheriff returned the Precepts Cl. of Ar. Mr. Baker pray Who do you intend to begin with Mr. Baker With Ambrose Rookwood Cl. of Ar. Cryer Make Proclamation Cryer O yes You good Men of the County of Middlesex Summoned to appear here this Day to try between our Sovereign Lord the King and the Prisoners that are and shall be at the Bar Answer to your Names as you shall be called every one at the first Call and save your Issues The whole Pannel was called over and the Appearances of those that answered Recorded and the Defaulters were again called over Cl. of Ar. Keeper of Newgate Set Ambrose Rookwood to the Bar. Which was done You the Prisoner at the Bar Ambrose Rookwood those Men that you shall hear called and Personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you will Challenge them or any of them your time is to speak unto them as they come to the Book to be Sworn before they be Sworn Sir B. Shower If your Lordship pleases We have a Doubt or two to propose to your Lordship in respect of the Tryal this Day But before I offer it we beg your Favour for a Word in behalf of our selves My Lord We are Assigned of Council in pursuance of an Act of Parliament and we hope that nothing which we shall say in Defence of our Clients shall be imputed to our selves I thought it would have been a Reflection upon the Government and your Lordships Justice if being Assigned we should have refused to appear 't would have been a Publication to the World That we distrusted your Candour towards us in our future Practise upon other Occasions But my Lord there can be no reason for such a Fear I am sure I have none for we must acknowledge we who have been Practisers at this Bar especially that there was never a Reign or Government within the memory of Man wherein such Indulgence such easiness of Temper hath been shewn from the Court to the Council as there always hath been Never was there such freedom and liberty of Debate and Argument allowed to the Bar and we thank your Lordship for the same My Lord We come not here to countenance the Practises for which the Prisoner stands Accused nor the Principles upon which such Practises may be presumed to be founded for we know of none either Religious or Civil that can Warrant or Excuse them But the Act of Parliament having warranted the appearing of Councel for Persons Accused to make Defence for them we hope your Lordship will give us leave to make what Objections we can on their behalf L. C. J. Holt. Look ye Sir B. Shower go on with your Objections let us hear what you have to say Sir B. Shower My Lord It appears to be a Doubt to us upon this Act of Parliament whether this Cause can be tryed this Day And if it be a Doubt we hope though it should not have that weight with the Court that we apprehend it has yet your Lordship will excuse us and settle it according to your Judgment The Act requires That all that shall be Accused and Indicted for High-Treason whereby any Corruption of Blood may or shall be made to any such Offender or Offenders or to any the Heir or Heirs of any such Offender or Offenders or for Misprision of such Treason shall have a true Copy of the whole Indictment and afterwards shall have Copies of the Pannel of the Jurors who are to try them duely Returned by the Sheriff and delivered unto them And every of them so Accused and Indicted respectively two Days at the least before he or they shall be Tryed for the same Now if your Lordship will please to cast your Eye upon this Venire Facias and it will appear to be Returned but this Day and that is not according to the intent of this Law And it is impossible then if it be as we apprehend it and put it that this Tryal should go on at this time and that this Construction should be so as we say not only the Words but as we take it the Intent and Meaning of the Act of Parliament too are for us that there ought to have been a Copy of the Pannel after the Return two Days before the Tryal For in the first place My Lord the Words are plain It must be a Copy of the Pannel duely Returned by the Sheriff Now though it be a Copy of the Array of the Pannel which we have delivered to us ye it is not a Copy of the Pannel of the Jurors Returned for it is no Return till it come into Court And the King's Councel must admit that in the Case of all Writs Returnable it cannot be said that there is a Return where there is a Writing upon the back or a Label annexed till it be actually Returned into Court As in the Case of a Fieri Facias or a Mandamus an Action for a false Return cannot lye till the Writ be actually Returned For such Action must be brought into the County of Middlesex where the Court resides before whom the Return is made and not in the County where the Sheriff lived that made the Return for it is not a Return till filed in Court Now here the Words of the Act are He shall have a Copy of the Pannel of the Jurors who are to try him duely Returned by the Sheriff two Days before the Tryal Now we humbly insist that the Words duely Returned must be antecedent to the having the Copy or else he cannot be said to have a Copy of the Pannel duely Returned The Act of Parliament does not say which shall be duely Returned and therefore there does arise a Doubt whether your Lordship will not direct us to have a Copy after the Return made which is but this Day Mr. Phipps If your Lordship pleases to spare me a Word of the same side We take it that by this Act of Parliament the Jury must be duly returned before the Pannel is delivered to us Now the Return is the Answer that is Indorsed upon the Writ with the Pannel annexed and delivered into Court