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	defendant_n	1,532	5	10.1325	5	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Judges cannot come to the knowledge of such offences and the offenders not punished If that clause of the Statute were repealed which tyes all informations to be tryed only and to be prosecuted in the same County and this put in that any may as well prosecute at Westminster as elsewhere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

service See Chap. 30. F 36. A * Stat. 2. Ed. 6. 15. * All Wreck is given to them See Chap. 10. 8. John Mallen Thomas Heislewood CHAP. XXX A THomas Gosnal Master affirms that the Mayor and Burgesses of Newcastle by compelling all ships up that dangerous River of Tyne seven miles is the cause of the losse of many ships and that Mr. Cason lost his ship upon the Bill-point which sunk but by weighing her up again it cost him near two hundred and fifty pound All which might have been saved if ships could be tollerated to cast Ballast at Shields See Chap. 25. B Chap. 10. S 32. C. E. Thomas Gosnal B Edmund Tye of Ipswich Senior upon his Oath said That being with his ship laden with Coals riding at Anchor at Shields with the Fleet of ships ready to put forth to Sea his ship sunk by a sad disaster to his undoing being most of it his own and in the time of sinking procured help to save what goods he could for relief of himself and Sea-men who had saved to the value of one hundred and fifty pound and sent them on shoar to Shields in the County of Northumberland * The Mayor and Burgesses of Newcastle C Sent down their Officers and seized of all his goods and sent them to Newcastle and carried him this Deponent to their Prison and kept him above six months because his ship sunk The Goods and Ship were worth about eleven hundred and fifty pound and would detain him in Prison till he did weigh up the said ship who had not wherewithall to relieve himself Exod. 22. 21. Notwithstanding they were certified so much under the Bayliffs hands and Town-Seal of Ipswich and had continued him longer if he had not procured a Habeas Corpus for his removal to London See Chap. 25. B 10. S Stat. 3. Edw. 1. 15. 34. 14. Rich. 2. 9. 23. Hen. 6. 10. Edmund Tye. D Thomas Heislewood of London Master of a ship upon his Oath said having taken in his ships loading of Coals in the River of Tyne was putting forth to Sea with the Fleet but by a storm was cast a shoar neer Tinmouth-Bar and in great danger of their lives which were on board of the the said ship and was constrained to cast his Coals into the Sea and thereby got his ship to Shields where she lay like a Wreck the water having free passage in and out E He this Deponent got on shoar and repaired to one Collier a free Carpenter of Newcastle desiring him to mend his ship and for hastes sake he would procure thirty or forty of his Neighbors Masters of Ships Carpenters to help him but the said Free Carpenter replied that he had taken an * Oath in Newcastle with their Company neither to work with any Unfree Carpenter nor to set any on work by which means he this Deponent was constrained to patch up his ship with his single Carpenter and adventure to London to get her upon the stock where he and his company were in great hazard of their lives and losse of the ship See Chap. 10. S See Stat. 19. Hen. 7. 7. 2 Edw. 6. 15. * Tho. Heislwood F Henry Harrison Master upon his Oath said that his ship was laden with Corn coming in at Tinmouth-Bar lost her Rudder or Steerer of his Ship He this Deponent desired another of a Free-man of Newcastle who would not furnish him under forty shillings * but this Deponent got a good one of an Un-freeman one Thomas Cliffe of Shields Carpenter See Chap. 29. E. 36. A Henry Harrison CHAP. XXXI A MIchael Bonner of Newcastle Merchant and Water-Sergeant in Janu. 1649. being examined upon Oath * at Gates-head by vertue of a Commission in a cause depending in the Exchequer between the Mayor and Burgesses Complanants and Thomas Cliffe Defendant said That a ship called the Adventure of Ipswich which was sunk in the year 1646. Mr. Thomas Casen being Master one other ship called the Providence of London Humphrey Harrison of London being Master which sunck in the year 1649. One other ship called the Refuge of Ipswich sunck in October 1649. Mr. Edmund Tye being Master Another ship called the Henrietta Maria sunck in the year 1644. All which ships were weighed out of the River of Tyne at the sole charge of the Mayor and Burgesses of Newcastle Michael Bonner Some calls this Deposition Perjury * but I refer it to the judgement of the Reader that reads the following Deposition which proves that most of the abovesaid ships lye sunck and did three yeers after the Deposition See Stat. 5. Eliz. 9. * B Cap. George Phillips of London upon his Oath said That there lyes several ships sunck in the River of Tyne between Sparhawk and Heborn Steath namely the Adventure * of London Humphrey Harrison of Sunderland late master sunck in or about the year 1649. One other ship called the Refuge of Ipswich sunck in October 1649. at Shields Edmund Tye the late master One other ship called the Henrietta Maria sunck in the River in or about 1644. And one other in the South Road late belonging to Mr. Bulman And also one other ship belonging to a Scotch-man lyes sunck neer unto the low Lights And that the chiefe cause of ships sinking in that River is by being compelled by the Mayor and Burgesses of Newcastle to sail up that dangerous River to cast Ballast upon their unlawful Ballast shoars for the gain of eight pence for every Tun so cast out George Phillips and Tho. Hesilwood proves the like CHAP. XXXII A GAwen Pots affirms That no strangers ship whatever though she be in never such great distresse and sinking must be pylotted into the River by any other Sea-man then a Freeman of Newcastle In the intrim one is sent for being sixteen miles forward and backward often either she is lost or driven by storm away Many others proved the like B Jeremiah Law Master of a ship upon his Oath 1650. said That the Mayor and Burgesses of Newcastle compelling all ships up the River to their Ballast-shoars amongst the dangerous Sands Shelves and sunck ships is the cause of much harm and losse of many ships and losse of many Voyages in the year besides losse to the State and spoyl of the River it onely being done for the lucre of eight pence for every Tun of Ballast to some private persons which brings them in many thousands of pounds in the year and that there are many sunck ships in the River between Sparhawk and Hebourn Steath See Chap. 29. C Jeremiah Low Mr. Phillips Mr. Hesilwood Prove the like C John Mallen Master of a ship upon his Oath said That by the Mayor and Burgesses compelling ships up the River to their Ballast-shoars with their Ballast was the cause of Mr. Tye and Mr. Worses two ships running on the Sands neer Jarrow where they were both in great danger of being lost Mr. Yaxleys ship in a condition of sinking but three unfree

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