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
A42371	Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ...	Gardiner, Ralph, b. 1625.	1655 (1655)	Wing G230; ESTC R3695	131,711	221

Judges cannot come to the knowledge of such offences and the offenders not punished If that clause of the Statute were repealed which tyes all informations to be tryed only and to be prosecuted in the same County and this put in that any may as well prosecute at Westminster as elsewhere would bring into the publick Revenew above a hundred thousand pound per annum Limitations of certain Actions for avoiding Suits in Law F Stat. 21. K. James Chap. 16. Be it Enacted That all Actions upon the case other then for slander Actions for Account Actions for Treaspass Debt Detriment and Replevi for Goods or Chattel and the said Action of Trespass Quare clausum fregit within six years next after the cause of such Action and not after Action of Trespass of Assault Battery Wounding Imprisonment or any of them within four years next after the cause of such Action or Suit and not after And Actions upon the case for words within two years next after the words spoken and not after That no person do enter into any lands but within twenty years next after his Right or Title which shall hereafter first descend or accrue to the same and in default thereof such persons so not entring and their heirs shall be utterly excluded and dis-abled from such entry after to be made c. Provided that if any person or persons be at the time of such cause of action given or accrued fallen or come within the age of one and twenty yeers seme covert non compos mentis imprisoned or be beyond the Seas that then such person or persons shall be at liberty to bring the same Actions so as they take the same within such time as are before limited after their coming to or being of full age discovert of sound memory at large and returned from beyond the Sea as other persons having no such impediments should be done Stat. 20. Hen. 3. 8. 3. Ed. 1. 38. 32. Hen. 8. 2. 1. M. 5. The punishment of Drunkards G Stat. 21. K. James 7. c. for preventing of that loathsome sin of Drunkennesse Enacted that for every time any was drunk should within one week after conviction by the Oath of one Witnesse pay five shillings to the Church wardens of the Parish for the use of the poor and for want thereof in monies to be set in the Stocks six hours And for the second offence to be bound to the Good Behaviour See Chap. 55. B. The Ale-house keeper which doth not sell by a full measure of a Quart shall c. and that shall keep any person tipling above one hour shall forfeit ten shillings and all Brewers that shall deliver Beer to houses unlicenced shall pay six shillings eight pence for every Barrel c. King Charles The Petition of Right A STat. 3 year of K. Charles upon the second day of March 1627. The Lords Spiritual and Temporal and the Commons assembled in Parliament read the Petition unto the King the effect thereof was That his Majesty would declare and grant in open Parliament that none might be compelled to make or yeeld any gift loan or benevolence tax or such like charge without common consent by Act of Parliament That none be compelled to make answer or take such oath or to give attendance or be confined molested or disquieted for refusal of that Nor Free-men be imprisoned or detained it being the right and liberty of the subject according to the Laws and Statutes of England and to declare your Royal will and pleasure which the King did in these words Soit Droit fait come est desire Let Right be done as is desired See 28. Chap. 30. B 38. C 41. A 51. C 43. D. The Star-chamber and High-commission Courts voted down B Act. 17. King Charles The Parliament dissolved the High-commission and Star-chamber Courts with the President and Councel of the North to the end to abandon all Arbitrary pressures conceiving them to be the greatest of evils the proceedings censures and decrease of those Courts have by experience been found to be an intolerable burden to the people and the means to introduce an arbitrary power and government being contrary to the Laws and Liberties of the Land c. All which Courts and proceedings shall sease after the first of August 1641. being absolutely dissolved and taken away c. But it further Enacted and Declared that neither his Majesty nor Councel have nor ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any of the subjects of this Kingdome but that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law c. And that from henceforth no Court Councel or place of Judicature shall be erected ordained constituted or appointed within this Realm of England c. which shall have use or exercise the same or the like * Jurisdiction as is or hath been used practised in the said Court of Star-chamber And be it Enacted that if any who ever they be shall put in practice any of the Courts above named practices shall for such offence forfeit five hundred pound for the first offence to the party grieved one thousand for the second offence and for the third offence shall be from thenceforth incapable Ipso facto to bear office and disabled to make any Gift Grant Conveyance c. of any of his Lands c. nor to have any benefit of them c. and shall pay to the party grieved treble damages to be recovered c. in any Court of Record at Westminster by Action of Debt Bill ●laint or Information wherein no Essoyn Protection Wager of Law Ayd Prayer Priviledge Injunction or order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlence c. It will do the Masters of ships no harm to get five hundred pounds for every oath they are forced to swear against themselves to cut purses to be imprisoned without judgement of the Law arbitrarily fined c. all being done by the Magistrates of Newcastle c. See Chap. 29. Chap. 26. The Parliament Monopolies voted down c. A 1640. The Parliament were then so zealous for the Nations weal that seeing what heavy yokes of bondage the people sat under by Monopolies they fell to work on them and voted down the Pattents of Tyn Soap Lether Salt c. as being infringers of the common right of the Free-born And the pre-emption of Coals would have been the like if any publick spirit had appeared and presented that grand grievance which more concerns the life of man then any of the other but I hope God will do it in due time See Stat. 21. King James 3. See Chap. 44. E. All Trade prohibited to Newcastle upon Tyne c. B

beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Q●ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse

other Masters of Ships proves the like B Thomas Hosilwood of London master of a ship upon his Oath said That all the Ballast-shoars above the Bill-reach have been the spoyl and ruine of the River of Tyne and doth beleeve that if no care be taken speedily therein there will be no Navigable River to the utter impoverishing of those Counties And a great prejudice of the whole Nation the greatest part of Navigation in that River being spoyled as appears in most Road-steads in the said River of Tyne what with the ballast falling in and ships sunck that when as within these twenty years twenty ships of the burden of two hundred Tuns could have rid afloat at low water At St. Lawrence Road-stead now not above three ships of the same burthen At the Hands and Dents hole Road-steeds where twenty ships of the same burthen now not above eight can ride afloat At St. Anthonies where twenty of the same burthen now not above three can ride afloat At the Bill Road-stead where twenty of the same burthen might have rid now not above six At the North Road-stead where twenty ships of the same burthen could have rid a float now not above four And at the South Road-stead where twelve ships of the same burthen could have rid a float at low water now not above three can ride B And that within these few years when ships did cast ballast at Shields without the molestation of the Mayor and Burgesses ships made ten or twelve Voyages in the yeer whereas now they can make but four or five Voyages See Stat. 34. Hen. 8 9. 23. Hen. 8. 5. Tho. Hasilwood Rob. Yaxley Geo. Philips Walter Keeble and Hen. Harrison with many more Masters of ships prove the like CHAP. XXXVI A John Hall B Ann Wallice C Thomas Rutter D Ann Cliff E Free Carpenter F Cliffs man A HEnry Harrison Master of a ship upon his Oath said that in April 1646. a ship sailing into Tinmouth Haven by storm was cast upon the rock near Tinmouth Castle The Master got a shoar with all expedition and obtained the present help of an antient Ship-Carpenter by name Thomas Cliff of North-Shields with three of his men to save the said ship from perishing which ship had been quite lost if the said Master should have run to Newcastle to have agreed with the free Carpenters whose excessive Rates * and demands often surmounts the value of the ship in distress and their tediousness in coming and going that distance that often the ships in distress are quite lost B The said Cliff and his men saved the ship and got her off and brought her to the lower end of the North Shields and laid her upon the Sands to mend her Where the three Carpenters were at work And Ann the wife of Thomas Cliff and Ann Wallice his Daughter standing to see their Servants work near unto the ship C The Mayor and Burgesses of Newcastle sent Thomas Rutter and John Hall two Sergeants with Thomas Otway Richard Tederick and other free Carpenters of Newcastle to Sheilds to seize upon all the aforesaid Work-men for daring to save any ship from sinking in that River with command to carry them to prison D The two women seeing their Servants trailing away railed against their evil practices for which Thomas Rutter with a club by several blows upon Ann Cliffs body and head knockt her down to the ground the other Sergeant John Hall by several blows with a Rule or Trunchion broke Ann Wallice her arme and then perceiving Souldiers coming from Tynmouth Castle both the said Sergeants fled to Newcastle where they were protected from the hand of Justice E The said Ann Cliff was taken up carried home got to bed and in few weeks dyed * thereon For which the said Rutter was indited and found by the Jury guilty yet did not suffer The said woman required her friends as they would answer it at the last day they should require her blood at the hands of Rutter he being her death The poor men kept in prison * and Cliff kept in suit at Law for his working by Newcastle and his men and they forced to give Bond never to work again See Chap. 25. B 29 E 30. F 1 Edw. 6. 12. * Henry Harrison Thomas Cliff and Elianor Lounsdale all prove the like CHAP. XXXVII A THomas Salkield Gent. upon his Oath said That he being at Shields in the County of Northumberland upon the Two and twentieth day of May 1653. saw a great number of men belonging to Newcastle with Swords drawn and Pistols cockt who invironed a Gentleman who was peaceably in his house and shot at some of the said Gentlemans servants and beat his Wife and much blood was spilt they pretending they came by Warrant and produced a Warrant from the Mayor Mr. William Dawson Mr. John Butler Sheriff of Newcastle to take him and carry him away to prison under pretence of debt but the Sea-men got ashoar sell upon the said Newcastle-men wounded and disarmed them and relieved the said Gentleman See Stat. 2 Edw. 3. 3. 4. Ric. 2. 37. Hen. 6. Tho. Salkield Lettice Hume Mary Hume and many others prove the same B Thomas Salkeild Gent. upon his oath said he knew a Gentleman cast into Newcastle Prison upon a bare Arrest in August 1652. And laid actions upwards of Nine hundred pounds where Twenty pound could not bee recovered And kept him lockt up in a prison from all comforts in a Tower above 36 foot high being forced to evacuate in the same Room he lay and eat his meat by reason he was locked from the house of casement C He offered good Bayl Free-men of Newcastle who were accepted and entered in the book and two daies after raced out again and he still kept there He desired to be admitted to defend his own Cause in their Court but they refused it D Desired to go with a Keeper to Counsel which was also denied His Friends and Servants often not admitted to come to him E Proffered good Bond to be a true Prisoner to the end he might have the benefit of the fresh Aire for preservation of his health but at the Goalers house which the Sheriff granted at the first but presently after refused saying that the Mayor Aldermen and himself had a meeting and resolved he should have no liberty being an enemy against their Privileges G The said Gentleman offered them that what any could recover against him by Law they should have it without Law H Constrained to drink the Goalors Beer not fit for mens bodies I No Tryall ever against him They disobeyed two or three Habeas Corpusses which the Sheriff received and his Fee and was proffered to have their charges born but never returned them K Refused substantial Bond to appear at London before the Judges And after five months imprisonment he brake prison in February following L And he further affirms That upon the third of February 1652. one John Cuthberison being imprisoned upon

any Pattent or Grant to any to the contrary but such Pattents or Grants be repealed and of no force nor value Stat. 17. Rich. 2. See Chap. 35 Statute of Mortmain D Stat. 15. Rich. 2. 5. Be it Enacted what Mayors Bayliffs and Commons of Cities Boroughs and other Towns which have perpetual Commonalty and others which have officers that from henceforth they shall not purchase to them and their Commons any Lands c. nor no religious or other person what ever he be * do buy or sell or under colour of gift or terme or any other manner of title any Lands Tenements upon pain of forfeiture of the same whereby the said Lands and Tenements might have come to Mortmain Riots Routs c. E The 4. year King Rich. 2. Riots Routs and unlawfull assemblies have been so many times pernicious and fatal enemies to the peace and tranquility of the Nation that it did shake the foundation and form of State-Government as that of a Collector of a Subsidy at Dartford in Kent in his dayes in requiring but a Groat of a Taylor and his wife grew to such a head of discontentment and not being timely queld became such a Rebellion that it put the King in great hazard of his life the burning of the City of London the Nobles and Gentry with the learned of the Law beheaded and others in hazard of their lives and families overthrown and the Records of Law burnt Wat. Tyler was Captain See Hen. 6. B See Chap. 37. A. Queen Mary Maria nata Grenouici in Febru 1505 Incipit regnare 6 Iuli 1553 Regnauit 5 annos et 4 mensis Obyt annos nata 45 et 9 mensis The Town of Gates-head taken from Newcastle A STat. 1. Mary Chap. 3. So soon as Bishop Tunstall was created Bishop of Durham laid open to the Queen and Parliament the Illegallity of Gates-heads being taken from the County of Durham and Incorporated with Newcastle and how surreptitiously they got it past by Act of Parliament and humbly beseeched that the Town and Liberties of Gates-head might be restored to the County of Durham again which could not well be done without that Statute of the 7. Edw. 6. 10. were repealed After a great debate in Parliament it was found onely a covetous disposition in the Corporation of Newcastle to require that from King Edward the sixth and in no wayes for the good of any in any particular sense who Enacted that the Statute of the seventh of Edward the sixth Chapter the tenth should be repealed and of no force to all intents and purposes and the Town of Gates-head should be free from the Corporation of Newcastle c. See Chap. 7. and Chap. 8. Sweet Queen Queen Elizabeth The most excellent Princes Elizabeth Queene of Englande France and Ireland Defender of the Faith c. She raigned 44 yeares died the 24 of March 1602 aged 69 6 monthes and lieth buried at Westminster Compton Holland 〈◊〉 How long Apprentices should serve A STat. 5. Eliz. 4. Be it Enacted that all Apprentices in every Corporate Town through England shall serve after the Custome and Order of London the full term of seven years at least so as the terme and years of such Apprentices do not expire or determine before such Apprentices be of the age of four and twenty years at least And if an Apprentice be mis-used by the non-conformity of the Master then the next officer upon complaint shall bind the Master to answer the Sessions and the cause appearing the Bench may discharge the Apprentice from his Master See Chap. 55. C. The Punishment of Perjury c. B Stat. 5. Eliz. 9. Be it Enacted that if any person or persons at any time shall unlawfully and corruptly procure any Witnesse or Witnesses by letters rewards or any other promises to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending or which hereafter shall depend in suit or variance by any Writ Action Bill Complaint or Information upon any matter or cause whatever and being thereof convicted shall forfeit forty pound and if he have not so much then to be imprisoned for half a yeer without Bail or Mainprize and to stand in the Pillory one hour in a Market day in the open Market and never to be received as a Witnesse in any Courts of Record and if judgement be given upon his testimony it shall be void and the party grieved have his damages And if any person shall wilfully perjure himself by committing wilfull perjury by his deposition in any Courts or being examined Ad perpetuam rei memoriam for which offence he shal forfeit twenty pound and imprisonment for six months without Bail or Mainprize and never to be as a witnesse in any Court and that the Oath shall be void and party grieved to recover his damages and if he be not able to pay his Fine then to be set in the Pillory having both his ears nayled thereunto and never to be credited again in any Court the one half of the Fine to the Queen and the other to the party grieved that will sue for the same by Bill of Indictment c. wherein there shall be no wager of Law c. And all Witnesses are required upon summons to appear to give evidence reasonable charges allowed and upon default to forfeit ten pound and all the damages sustained to be recovered in any Court of Record by Action Bill c. no Wager of Law c. See Stat. 21. K. James 28. made perpetual See Chap. 31. A 34. A. B 42. A. Fore-stallers of Corn c. C Stat. 5. Eliz. 12. Be it Enacted that no person or persons shall buy any Corn out of open Fair or Market to sell again unlesse such persons shall have special and express words in a licence that he or they may so do upon pain of the forfeiture of five pounds for so doing which forfeiture to come to the Queen the one half and the other half to the party that will sue for the same by Bill c. See Stat. 5. 6. Ed. 6. 14. See Chap. 50. A 51. C. Arrestings in other mens names and delayes c. D Stat. 8. Eliz. 2. Be it Enacted by this present Parliament that if any person or persons shall by any means cause or procure any other person to be Arrested or Attached at the suit or in the name of any person where indeed no such person is known or without the assent consent or agreement of such persons at whose suit or in whose name such Arrest or Attachment is or shall be so had and procured That then every such person and persons that shall so cause or procure any such Arrest or Attachment of any other person to be had or made for vexation or trouble and shall thereof be convicted or lawfully accused by Indictment presentment or by the testimony of two sufficient Witnesses or more or other due proof shall for every such offence by