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	court_n	defendant_n	1,397	5	10.0062	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17832	Britain, or A chorographicall description of the most flourishing kingdomes, England, Scotland, and Ireland, and the ilands adjoyning, out of the depth of antiquitie beautified vvith mappes of the severall shires of England: vvritten first in Latine by William Camden Clarenceux K. of A. Translated newly into English by Philémon Holland Doctour in Physick: finally, revised, amended, and enlarged with sundry additions by the said author.; Britannia. English	Camden, William, 1551-1623.; Holland, Philemon, 1552-1637.	1637 (1637)	STC 4510.8; ESTC S115671	1,473,166	1,156

matters In criminall causes the Kings chiefe Justice holdeth his Court for the most part at Edenburgh which office the Earles of Argile have executed now for some yeeres And he doth depute two or three Lawyers who have the hearing and deciding of capitall actions concerning life and death or of such as inferre losse of limbs or of all goods In this Court the Defendant is permitted yea in case of high treason to entertaine a Counsellor or Advocate to pleade his cause Moreover in criminall matters there are sometimes by vertue of the Kings commission and authoritie Justices appointed for the deciding of this or that particular cause Also the Sheriffes in their territories and Magistrates in some Burghs may sit in judgement of man-slaughter in case the man-slayer be taken within 24. houres after the deed committed and being found guiltie by a Jurie put him to death But if that time be once overpast the cause is referred and put over to the Kings Iustice or his Deputies The same priviledge also some of the Nobilitie and Gentrie enjoy against theeves taken within their owne jurisdictions There bee likewise that have such Roialties as that in criminall causes they may exercise a jurisdiction within their owne limits and in some cases recall those that dwell within their owne limits and liberties from the Kings Justice howbeit with a caution and proviso interposed That they judge according to Law Thus much briefly have I put downe as one that hath but sleightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay his Majesties Secretarie for that kingdome who hath therein given me good light But as touching SCOTLAND what a noble countrey it is and what men it breedeth as sometimes the Geographer wrote of Britaine there will within a while more certaine and more evident matter be delivered since that most high and mightie Prince hath set it open now for us which had so long time beene shut from us Meane while I will come unto the description of places the project that I entended especially GADENI or LADENI UPon the Ottadini or Northumberland bordered as next neighbours the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is GADENI who also by the inversion or turning of one letter upside downe are called in some Copies of Ptolomee LADENI seated in that countrey which lieth betweene the mouth of the river Twede and Edenburgh Forth and is at this day divided into many petty Countries the chiefe whereof are Teifidale Twedale Merch and Lothien in Latine Lodeneium under which one generall name alone the Writers of the middle time comprised all the rest TEIFIDALE TEifidale that is to say the Vale by the river Teifie or Teviat lying next unto England among the edges of high craggie hills is inhabited by a warlike nation which by reason of so many encounters in foregoing ages betweene Scottish and English are alwaies most readie for service and sudden invasions The first place among these that wee meet with is Iedburgh a Burrough well inhabited and frequented standing neere unto the confluence of Teifie and Ied whereof it took the name also Mailros a very ancient Monastery wherein at the beginning of our Church were cloistered Monkes of that ancient order and institution that gave themselves to prayer and with their hand-labour earned their living which holy King David restored and replenished with Cistertian Monkes And more Eastward where Twede and Teifie joine in one streame Rosburg sheweth it selfe called also Roxburg and in old time MARCHIDUN because it was a towne in the Marches where stands a Castle that for naturall situation and towred fortifications was in times past exceeding strong Which being surprised and held by the English whiles James the second King of Scots encircled it with a siege hee was by a peece of a great Ordnance that brake slaine untimely in the very floure of his youth a Prince much missed and lamented of his Subjects As for the castle it was yeelded and being then for the most part of it layed even with the ground is now in a manner quite vanished and not to bee seene The territory adjoyning called of it the Sherifdome of Roxburg hath one hereditary Sheriffe out of the family of the Douglasses who is usually called the Sheriffe of Teviot Dale And now hath Roxburg also a Baron Robert Kerr through the favour of King James the sixth out of the family of the Kerrs a famous house and spred into a number of branches as any one in that tract out of which the Fernhersts and others inured in martiall feats have been of great name Twede aforesaid runneth through the middest of a Dale taking name of it replenished with sheepe that beare wooll of great request A very goodly river this is which springing more inwardly Eastward after it hath passed as it were in a streight channell by Drimlar Castle by Peblis a mercate towne which hath for the Sheriff thereof Baron Zeister like as Selkirk hard by hath another out of the family of Murray of Fallohill entertaineth Lauder a riveret at which appeareth Lauder together with Thirlestan where stands a very faire house of Sir John Mettellan late Chancellor of Scotland whom for his singular wisdome King James the sixth created Baron of Thirlestan Then Twede beneath Roxburg augmented with the river of Teviot resorting unto him watereth the Sherifdome of Berwick throughout a great part whereof is possessed by the Humes wherein the chiefe man of that family exerciseth now the jurisdiction of a Sheriffe and so passeth under Berwick the strongest towne of Britain whereof I have spoken already where hee is exceeding full of Salmons and so falleth into the sea MERCHIA MERCH or MERS MERCH which is next and so named because it is a march country lyeth wholly upon the German sea In this first Hume Castle sheweth it selfe the ancient possession of the Lords of Home or Hume who being descended from the family of the Earles of Merch are growne to be a noble and faire spred family out of which Alexander Hume who before was the first Baron of Scotland and Sheriff of Berwick was of late advanced by James King of great Britaine to the title of Earle Hume Neere unto which lieth Kelso famous sometime for the monastery which with thirteen others King David the first of that name built out of the ground for the propagation of Gods glory but to the great empairing of the Crowne land Then is to be seene Coldingham which Bede calleth the City Coldana and the City of Coludum haply COLANIA mentioned by Ptolomee a place consecrated many ages since unto professed Virgins or Nunnes whose chastity is recorded in ancient bookes For that they together with Ebba their Prioresse cut off their owne noses and lips choosing rather to preserve their virginity from the Danes than their beauty and favour and yet for all that the Danes burnt their monasterie and them withall Hard by is Fast-castle a castle of

watereth Eovesham so called as the Monkes write of one Eoves Swinheard to Egwin Bishop of Worcester whereas before time the name of it was E●th-home and Heath-field A very proper Towne situate upon an hill arising from the River in the Suburb as it were whereof was sometime Bengeworth Castle at the Bridge head which Castle William de Audevill the Abbot recovered by law against William Beauchamp utterly rased it and caused the place to be hallowed for a Church-yard A Towne this is well knowne by reason of the Abbay which that noble Egwin with the helpe of King Kenred the sonne of Wolpher King of the Mercians founded about the yeere of our Lord 700. knowne likewise for the vale under it named thereof The Vale of Evesham which for plentifull fertility hath well deserved to be called the Garnary of all these countries so good and plentifull is the ground in yeelding the best corne aboundantly But most knowne in elder time by occasion of the great overthrow of the Barons and our Catiline Simon Montfort Earle of Leicester For this man being of a lewd disposition and profound perfidiousnesse hath taught us that which another truly said That good turnes are so long acceptable as they may be requitable For when King Henry the Third had with full hand heaped upon him all the benefits he could yea and given him his owne sister in marriage what other fruit reaped he of his so great bounty but most bitter and deadly hatred For he raised a most dangerous Warre hee spoiled shamefully a great part of England under pretense of restoring the common wealth and maintaining liberty neither left he any thing undone to bring the King under to change the State and of a Monarchy to bring in an Oligarchy But in the end after that fortune had for a good while favourably smiled upon him he was slaine at this place with many others of his complices by the prowesse of Prince Edward and forthwith the sinke of lawlesse rebels being as it were pumped and emptied out of the common weale joyfull peace which hee had banished shone againe most comfortably on every side Upon the same River hard by standeth Charleton the possession sometime of the ancient family of Hansacres Knights but now of the Dinleies or Dingleies who being descended from that ancient stocke of the Dinleies in Lancashire came unto this by hereditary succession More beneath in the primitive Church of our English Nation there was another place wherein religious men lived to God then called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 now Flatbury and neere unto it Pershor in the English Saxons language 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taking the name from Peares which as we reade in that worthy Historiographer William of Malmesbury Egelward Duke of Dorset a man bearing no nigardly minde but exceeding liberall founded and finished in King Eadgars time But what detriment hath it sustained one part of it the ambition of the rich seized upon another part oblivion hath buried but the greatest portion King Edward the Confessour and King William bestowed upon the Church of Westminster Then receiveth Avon a Riveret from the North upon which standeth Hodington a seat of the Winters out of which were Robert Winter and his brother Thomas who when as they were of the hellish damned crew in the Gunpowder Treason let their memory lie damned From thence Avon running gently downe by Strensham the habitation of the Russels Knights by degree of ancient descent in the end out-ladeth his owne streame into Severn Neere to these places on this South side is Oswaldslaw Hundred so called of Oswald Bishop of Worcester who obtained it for himselfe of King Eadgar The immunity whereof when William Conquerour made a Survey and taxation of all England was registred in the Domesday booke after this manner The Church of Saint Mary of Worcester hath the Hundred called Oswaldslaw wherein lye 300. Hides out of which the Bishop of the same Church by ancient order and custome hath all the revenewes of Soches and all customes or duties there appertaining to the Lords victuall and the Kings service and his owne so that no Sheriffe may hold there any action or suit neither in any plea nor in any other cause whatsoever This witnesseth the whole County A place there is about this Shire but precisely where it should be is not certainly knowne called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Augustines Oke at which Augustine the Apostle of the Englishmen and the Bishops of Britaine met and after they had disputed and debated the matter hotely for a good while touching the celebration of Easter preaching God● Word also to the English Nation and of administring Baptisme according to the rites of the Roman Church in the end when they could not agree they departed on both sides with discontented mindes upon their dissenting opinions This Province since the Normans comming in had for the first Sheriffe Vrsus or Vrso de Abtot unto whom and his heires King William the Conquerour granted that office together with faire and large possessions After him succeeded his sonne Roger who as William of Malmesbury the Historiographer reporteth enjoying his fathers possessions through the high displeasure and indignation of King Henry the first was disseized thereof because in a furious fit of anger hee had commanded one of the Kings Officers to be killed But this Sheriffedome was by Emeline this Rogers sister translated hereditarily into the Family of the Beauchamps For she was married to Walter Beauchamp whom king Stephen after he had put downe Miles of Glocester ordained Constable of England Within some few yeeres king Stephen created Walleran Earle of Mellent twin-brother to Robert Bossu Earle of Leicester the first Earle of Worcester having given unto him the Citie of Worcester who afterwards became a Monke and died at Pratellae in Normandie in the yeere 1166. As for his sonne Robert who had wedded the daughter of Reginald Earle of Cornwall and advanced the Standard of rebellion against King Henry the Second and Peter his sonne who in the yeere 1203. revolted to the French neither of them used the title of Worcester but onely of Mellent so farre as ever I could yet read For King Henry the Second who succeeded Stephen would not easily suffer that any under him should enjoy the honors received from Stephen an usurper and his enemy For as I finde in the Annales of Waverley Abbay he put downe those imaginary and counterfeit Earles among whom King Stephen had inconsideratly distributed and given away all the revenewes pertaining to the Exchequer Neither to my knowledge was there any one that bare the title of the Earldome of Worcester untill the daies of King Richard the Second For he bestowed it upon Sir Thomas Percy who when he conspired against King Henry the Fourth was taken at the battaile of Shrewsbury and there beheaded Then Sir Richard Beauchamp descended from the Abtots received

processe of time this Hierarchie or Ecclesiasticall government was established in Scotland Two Archbishops one of Saint Andrews the other of Glasco whereof the former is counted Primate of all Scotland under whom there be eight Bishoprickes Dunkeld Aberdon Murray Dunblan Brechin Rosse Cathanes Orkney Under the Archbishop of Glasco there be onely three Candida Casa or Galloway Lismore or Argile The Iles. THE STATES OR DEGREES OF SCOTLAND THe Republicke or Commonwealth of the Scots like as that of Englishmen consisteth of a King the Nobility or Gentry and Commons The King that I may use the words of their owne Record is Directus totius Dominus that is The direct Lord of the whole Domain or Dominion and hath royall authority and jurisdiction over all the States and degrees as well Ecclesiasticall as Lay or Temporall Next unto the King is his eldest sonne who is called PRINCE OF SCOTLAND and by a peculiar right Duke of Rothsay and Seneschall or Steward of Scotland But all the rest of the Kings children are named simply Princes Among the Nobles the greatest and most honourable were in old time The Thanes that is those who if my judgement be ought were ennobled onely by the office which they administred For the word in the ancient English Saxon tongue signifieth The Kings Minister Of these they of the superior place were called Abthanes the inferior Under Thanes But these names by little and little grew out of use ever since that King Malcolm the third conferred the titles of Earles and Barons after the manner received from the English upon Noble men of good desert Since when in processe of time new titles of honours were much taken up and Scotland as well as England hath had Dukes Marquesses Earles Vicounts and Barons As for the title of Duke the first that brought it into Scotland was King Robert the third about the yeere of Salvation 1400. like as the honourable titles of Marquesse and Vicount were first brought in by our most gracious Soveraigne King James the sixth These are counted Nobles of the higher degree and have both place and voice in the Parliaments and by a speciall name are called Lords like as also the Bishops Among the Nobles of a lower degree in the first place are ranged Knights who verily are dubbed with greater solemnity than in any other place throughout all Europe by taking of an oath and are proclaimed by the publike voice of an Herald Of a second sort are they who are tearmed Lairds and Barons among whom none were reckoned in old time but such as held immediatly from the King lands in Chef and had jus furcarum that is power to hang c. In the third place are all such as being descended from worshipfull houses and not honoured with any especiall dignitie be termed Gentlemen All the rest as Citizens Merchants Artisans c. are reputed among the Commons THE JUDICATORIES OR COURTS OF JUSTICE THe supreme Court as well for dignitie as authoritie is accounted the Assembly of the States of the Kingdome which is called by the very same name as it is in England A Parliament hath the same verie power as absolute It consisteth of three States of Lords Spirituall namely Bishops Abbots and Priors and of Lords Temporall to wit Dukes Marquesses Earles Vicounts and Barons and Commissioners for Cities Burghs Unto whom were adjoined not long since for everie Countie also two Commissioners It is appointed and solemnly called by the King at his pleasure at a certain set time before it be holden When these States abovesaid are assembled and the causes of their assembly delivered by the King or the Chancellour the Lords Spirituall chuse out apart by themselves eight of the Lords Temporall Semblably the Lords Temporall make choise of as many out of the Lords Spirituall then the same all jointly together nominate 8. of the Commissioners for the counties as many of the Commissioners for the free Burghs regall which make up in all the number of 32. And then these Lords of the Articles so they are termed together with the Chancellor Treasurer Keeper of the Privie Seale Kings Secretarie c. do admit or reject everie bill proposed unto the States after they have bin first imparted unto the King Being allowed by the whole assembly of the States they are throughly weighed and examined and such of them as passe by the greater number of voices are exhibited unto the King who by touching them with his Scepter pronounceth that hee either ratifieth and approveth them or disableth and maketh the same voide But if any thing disliketh the King it is razed out before The Second Court or next unto the Parliament is the Colledge of Iustice or as they call it The Session which King James the fifth 1532. instituted after the forme of the Parliament of Paris consisting of a President 14. Senatours seven of the Cleargie and as many of the Laitie unto whom was adjoined afterward the Chancellor who hath the chiefe place and five other Senatours three principall Scribes or Clerks and as many Advocates as the Senatours shall thinke good These sit and minister justice not according to the rigour of law but with reason and equitie every day save onely on the Lords day and Monday from the first of November to the fifteenth of March and from Trinitie Sunday unto the Calends of August All the space betweene as being the times of sowing and harvest is vacation and intermission of all suites and law matters They give judgement according to the Parliament Statutes and Municipall Lawes and where they are defective they have recourse to the Imperiall Civill Law There are besides in everie Countie inferiour civill Judicatories or Courts kept wherein the Sheriffe of the shire or his deputie decideth the controversies of the inhabitants about violent ejections intrusions dammages debts c. From which Courts and Judges in regard of hard and unequall dealing or else of alliance and partialitie they appeale sometime to the Session These Sheriffes are all for the most part hereditarie For the Kings of Scots like as of England also to oblige more surely unto them the better sort of Gentlemen by their benefits and favours made in old time these Sheriffes hereditarie and perpetuall But the English Kings soone perceiving the inconveniences thereby ensuing of purpose changed this order and appointed them from yeere to yeere There be civill Courts also in everie regalitie holden by their Bailiffes to whom the Kings have graciously granted royalties as also in free Burroughs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is kept at Edenburgh in which before foure Judges actions are pleaded concerning Wills and Testaments the right of Ecclesiasticall benefices Tithes Divorces and such other Ecclesiasticall causes In every other severall part almost throughout the Kingdome there sitteth but one Judge alone in a place about these