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cause_n action_n court_n defendant_n 1,397 5 10.0062 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A54694 Restauranda, or, The necessity of publick repairs, by setling of a certain and royal yearly revenue for the king or the way to a well-being for the king and his people, proposed by the establishing of a fitting reveue for him, and enacting some necessary and wholesome laws for the people. Philipps, Fabian, 1601-1690. 1662 (1662) Wing P2017; ESTC R7102 61,608 114

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Exchequer all Fines Issues Amerciaments imposed and forfeited That upon all manufactures made beyond the Seas and all things to be imported tending to excess and luxury as Tobacco Silks c. there be an Imposition more then ordinary which the wisdom of Neighbor Nations have ever thought expedient and was in the Reign of King James the prudent advice in Parliament of the Lord Treasurer Salisbury That in the deplorable Cases of wreck at Sea the Masters or Owners of such Ships not being Pirates or Robbers whether there be any living thing remaining or not in the Ship all and every part of the lading Tackle and Ship which shall be saved from the fury of the Sea or found on shore notwithstanding any detestable custome to the contrary may according to the Ancient Equitable Laws of Oleron be saved and preserved for the right Owners coming within a year and a day to claim the same and tendring such just charges and recompence as by two of the next Justices of Peace not interessed shall be found to be reasonable for those that were Instrumental in the preservation thereof that so the inhumane and unchristian customes of too many who live upon the Sea Coasts being in a Shipwrack as pittiless and cruel as the Winds and Seas taking away that which they left and rejoycing in the disasters and miseries of those that are afflicted may be abolished That Champerty and maintenance being now crept through the care and severity of all our former good Laws and Statutes made to prevent it into such a general practice and profit as in the confidence of dark contrivances and the impossibility or difficulty of discovery of them Some of our Gentlemen of the Gyges ring or invisible Estates in a way which they have found out to live aswell without a Revenue or other lawful means and professions as with them can like Nimrods or mighty Hunters by shares gained in the driving of Causes support an idle Gallantry by the spoil and oppression of others some women more wily then good can be Agitators or Retrivers of causes not concerning them for a part of the hoped for Booty and many Citizens and Tradesmen do buy pretended Titles and Interests and ingage and furnish money for no small parts to be had upon the success of Suites in Law and too many Attornyes Sollicitors and others can make it the best of their employments to deal in gross and by whole sale and will not as the Law enjoyns them make Bills or Tickets to their Clyents of their just and allowed Fees and disbursments Some good Laws and powerful restrictions may be made to prevent or punish those grand abuses and that if either the Plaintiff or Defendant in any Action shall require it an Oath or Oaths may be given at the Tryal or Hearing of such Suites or Causes to any who may discover such Champerties or Maintenance and if any shall be found offending therein either by disbursing of money to have any share or part of the thing inquestion on or by any pre-contract or other ingagement the Verdict may not be taken nor Judgement entered or if it shall be discovered and proved after the Verdict taken and Judgement entred before the end of the Term wherein such Judgement shall be entred the said Judgement be by the Judges of that Court arrested or made void and whether it be discovered and proved before Judgement entred or after the parties offending as well those that committed the Champerty and Maintenance as all their Abettors may every one of them forfeit and pay to the King and his Heirs and Successors the sum of one hundred pounds and be imprisoned without Bail or Maineprise untill they shall have paid the same and also forfeit and pay to the party greived his double Costs and Damage together with the moyety or half of the matter in question That there be no pardon or reversal of any Outlary in Civil aswell as Criminal Causes or Actions without five Marks first paid to the King in discharge of his Contempt and a Charter of Pardon as was anciently used first sued out under the Great Seal of England That all Sheriffs under-Sheriffs and their Deputies do at the entrance or admission into their Offices take an Oath not to imbrace any Juror or Juries or for any Fee or Reward or otherwise to nominate any at the request either of the Plaintiffs or Defendants or of any on their behalf and that they shall not make out or deliver or willingly or wittingly permit to be made in their names any Blanck Warrant or Precept to Arrest any person without a Writ under the Seal of the Court wherein such Action is laid or to be tryed first had and delivered unto them and that no Sheriff or under-Sheriff do crave allowance or respit for any debts of the Kings but upon just cause That every Juror if the Plaintiff or Defendant or their Attorneys shall before they besworn require it do also take an Oath that he hath not received any Instructions or Evidence before hand from the Plantiff or Defendant or their Attornyes or any on their behalf That all English Merchants trading into Foreign parts may be ordained to bring into England at or in their return a certain and reasonable quantity of Bullion or coin of Gold or Silver to be yearly certified and Registred in the Exchequer and that such as shall be brought in may not as it is now be bought and Registred in the name and for the use of the East Indian Company and that the East Indian Company to prevent any disguise which may be made use of betwixt them and the Merchants may also be ordered yearly to Register and Certifie into the Exchequer all such Gold and Silver Bullion or coin thereof as shall be imported by the said East Indian Company That all Foreign Merchants Trading into England or any the Dominions thereof be ordained to export at their returns English Manufactures and Commodities to the value of what they imported and not to make their returns in money or by Bills of Exchange as the Jews in great numbers trading hither are known now to do And that all Merchants Alien if they be not such as have houses and habitations here or if they have do at their first beginning to Trade enter into Recognizances of great penalties in Chancery not to Transport or cause to be Transported out of England as was in part provided for by the Statute of 2 H. 6. chap. 6. Or returned by Bills of Exchange any more then the sum of five pounds for their necessary charges upon pain of forseiting treble the value thereof That the many more then formerly used deceipts in the Shearing Tentering hot Pressing and false Dying of our English Clothes which do much or more endamage our Trade of Cloathing then the Transportation of Fullers Earth Sheeps Pelts with the Wool upon them or the Clothes in the Whites may