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
A87531	Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings.	Jenkins, David, 1582-1663.	1657 (1657)	Wing J597; Thomason E1672_2; ESTC R202614	51,715	145

their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he lives And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute John Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boo● is above three quarters of a yeer and then if the Plantiff declare not he may obtain his Liberty by a Supersedeas if he hath money to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soule miserably endes his dayes in Newgate And if a man be arrested by a Latitat or Bill of Middlesex and the P●aintiff never declare after he hath put in Bayl he shall not have any costs but only a Nonfuite or a Discontinuance as they call ●t unless the Defendant appear in person and that is hardly worth his while This I make bold here to mention because it is a G●ievance cries loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why nor wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defendant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any st●anger that inhabits in another Country into one of these Courts but by Process from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantagedies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of all Corporations for setting the first Arrest or Process aside when they come to declare they do generally in their Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Er●ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture althugh it was his intent she should have ne other Dowwhether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonaing to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4.

Pacis Consultum A DIRECTORY To the Publick Peace Briefly describing The Antiquity Extent Practice and Jurisdiction Of several Countrey-Corporation-Courts Especially The Court Leet An Exact and Perfect Method to keep a Court of Survey for the setting forth and bounding of the Mannors Lands and Tenements with the Articles to be therein given in charge a work most useful of which Subject never was any thing printed before An Abstract of the Penal Statutes useful for all men to know Also some difficult Questions in Law proposed unto and resolved By Judge Jenkings Printed at London by J. C. for H. Fletcher at the three gilt-cups neer the west-end of Pauls 1657. To the READER Reader IF any actions of men may be though praise worthy certainly it must be their endeavours for the publicke good and above all the preservation of the common Peace and propriety of meum and tuum one amongst another for which end and aim only the Law was ordained and to that very intent and purpose was this ensuing Treatise composed not thereby to gain applause but that others may by it reap profit For if the Country-Courts were duely kept as they ought to be both Court-Leet and Court-Baron in every Mannor the common people need not so complain for the want of due Administration of Justice as they do nor be forced to seek so far and trouble the Superior Courts with so many petty Actions wherein the damage can never countervail the charge And for the Court of Survey as there is nothing more necessary so would it appear in the end there can be nothing more profitable if the Lords and Tenants would agree together in their several Mannors and cause Surveys and Terrars to be made of every one's Estate with the Title and this keep as a Record amongst themselves thousands of tedious Suits touching Titles of Land to the undoing of many Families might be avoided and the right Heir and Owner peaceably enjoy his own if this course were taken but once in an age I the rather put down the Abstract of Penal Statutes because of the daily breach of them to direct those that will how to punish the Offenders and the voluminous bulk of the Statutes themselves come not to the view of every one Gratefully therefore take this small Branch every one that wishes well to the Peace of English Sion for the Head and Members whereof remains a daily Orator 27 April 1657. Ph. Ag. Courteous Reader These books following are printed for and sold by Henry Fletcher at the three Gilt-Cups in St. Pauls Church-yard neer the West-End A Dispensatory with the whole Body of Physick wherein is discovered the Natures Properties and Vertues of Vegetables Minerals and Animals by the learned Renodaeus chief Physitian to the King of France Englished and revised by Richard Tomlinson of London Apothecary in Fol. A Martyrology containing a Collection of all the Persecution that hath befallen the Church of England since the first Plantation of the Gospel to the end of Queeh Maries Reign with the Lives of many Eminent Persons by Samuel Clearck Fol. An Explication of the 110 Psalm wherein the several heads of Christian Religion therein contained are largely explained and applied by Edward Reynolds D. D 4 0. A plain and easie Caleulation of the Name Mark and Number of the 〈◊〉 of the Beast by Nathanie● Ste●e●● ●●●nister in Leistershire a learned 〈◊〉 in 4 0. Paracti●● his Chymical Trans●●●●ation of Metals and Minerals with the Experiments of Raymund Lully containing the right Composition of both Elixirs in 8 0. Enchiridion of the Art of Physicks by John Sadler D. in Physick 8 0. Time well improved or Meditations on Heavens glory Earths vanity and Hells horror with Prayers for most ●●castent and other verses used by the Bell man of London 12 0. England's Balm or P●●p●fals by way of Grievance and Remedy to the Lord Protector and Parliament for a Regulation of the Law by William Sheppard Sergeant at Law in 8 0. Playes The old Law by Middleton in 40. Acteon and Diana acted many times lately at the Red-Bull in 4 0. both new The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity toe we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of which in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and useless The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet H●ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron H●ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation for Essoi●s and profers of Suit and P●ea