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	judgement_n	plaintiff_n	2,011	5	10.8617	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

many thinges different from the fashion vsed either in Fraunce or in Italie or in any other place where the Emperors lawes and constitutions called the ciuill lawes be put in vse it will be necessarie here to make a litle digression to the intent that that which shalbe said hereafter may be better vnderstood All pursuites and actions we call them in our English tongue pleas and in barbarous but now vsuall latine placita taking that name abusiue of the definitiue sentence whith may well be called placitum or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The French vseth the same calling in their language the sentence of their iudges areste or arest in which wordes nothwithstanding after their custome they do not founde the s. but we call placitum the action not the sentence and placitare barbarouslie or to pleade in english agere or litigare Now in all iudgements necessarily being two parties the first we call the impleader suiter demaunder or demaundaunt and plaintiffe In criminall causes if he professe to be an accuser we call him appellant or appellour and so accusation we call appeale The other we call the defendant and in criminall causes prisoner for he cannot aunswere in causes criminall before he do render himselfe or be rendred prisoner Index is of vs called Iudge but our fashion is so diuerse that they which giue the deadly stroke and either condemne or acquite the man for guiltie or not guiltie are not called Iudges but the xii men And the same order aswell is in ciuill matters and pecuniarie as in matters criminall Of pleas or actions CHAP. 9. PLeas or actions criminall be in English called pleas of the crowne which be all those which tende to take away a mans life or any mēber of him for his euill deseruing against the prince and common wealth And this name is giuen not without a cause For taking this for a principle that the life and member of an Englishman is in the power onely of the prince and his lawes when any of his subiectes is spoyled either of life or member the prince is endammaged thereby and hath good cause to aske accompt how his subiectes should come to that mischiefe And againe for so much as the prince who gouerneth the scepter and holdeth the crowne of Englande hath this in his care and charge to see the realme well gouerned the life members and possessions of his subiectes kept in peace and assuraunce he that by violence shall attempt to breake that peace and assuraunce hath forfeited against the scepter and crowne of England and therefore not without a cause in all inquisitions and inditementes if any be found by the xii men to haue offended in that behalfe streight the prince is saide to be partie and he that shall speake for the prisoner shall be rebuked as speaking against the prince Neverthelesse it is neuer defended but the prisoner and partie defendant in any cause may alleadge for him al the reasons meanes and defenses that he can and shall be peaceablie hearde and quietlie But in those pleas pursuites of the crowne procurer or aduocate he gettes none which in ciuill and pecuniarie matters be it for land rent right or possession although he plead against the prince himselfe is neuer denied Pleas ciuill be either personall or reall personall as contractes or for iniuries reall be either possessorie to aske or to keepe the possession or in rem which we cal a writte of right For that which in the ciuill lawe is called actio or formula we call writ in English so the Greekes called it worde for word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in our barbarous latine we name it breue And as the olde Romanes had their actions some ex iure ciuili and some ex iure praetorio and ordinarily praetor dabat actiones formulas actionum so in Englande we retaine still this and haue some writtes out of the chauncerie other out of the common place or the kinges bench Of the chiefe Tribunals benches or courtes of England CHAP. 10. IN times past as may appeare to him that shall with iudgement reade the histories and antiquites of England the courtes and benches followed the king and his court wheresoever he went especially shortly after the conquest Which thing being found very cumbersome paineful and chargeable to the people it was agreed by parliament that there shoulde be a standing place where iudgement should be giuen And it hath long time béene vsed in Westminster hall which king William Rufus builded for the hall of his owne house In that hal be ordinarily séene 3. Tribunals or Iudges seates At the entrie on the right hande the common place where ciuill matters are to be pleaded specially such as touch landes or contractes At the vpper ende of the hall on the right hand the kinges bench where pleas of the crowne haue their place And on the left hand sitteth the Chauncelor accompanyed with the master of the Roules who in latine may be called custos archiuorum regis and certaine men learned in the ciuill lawe called Masters of the chauncerie in latine they may be named Assessores Of the times of pleading called termes of the Chauncelor and chauncerie CHAP. II. TWo things may be moued in question here how all Englande being so long and so large and hauing so many shyres and prouinces therein can be answered of iustice in one place and in 3. benches be they neuer so great An other whereas the kinges bench is exercised in criminall causes and in all pleas of the crowne and the common place in all ciuill causes reall and personall what place then hath the chauncerie The first question will séeme more maruelous and haue more occasion of doubt when I shall also tell that the lawe is not open at all times no not the third part of the yeare But where all other cities and common wealthes had all the yeare pleas suites and iudgementes except for certaine holy daies and haruest and vintage or when for some vrgent cause the lawe was commaunded to be stopped which is called Iustitium Contrarie in ours it is but fewe times open That is onely foure times in the yeare which they call termes After Michaelmas about ten daies during fiue or sixe wéekes at the least After Christmas about a moneth enduring by the space of thrée wéekes Then from xvij dayes after Easter by the space of thrée wéekes odde dayes Likewise from the sixt or seuenth day after Trinitie sunday during two wéekes and odde daies All the rest of the yeare there is no pleading entring nor pursuing of actions This small time and all that but in one place may séeme verse iniurious to the people who must be faine to suffer much wrong for lacke of Iustice and of place and time to pleade but vnto that héereafter I entende to answere more fully and in the meane while that shall suffise which the wise Cato answered to one who mooued that the

facto ius oritur héere the Sergeantes or counsellers before the Iudges doe in passing forewarde with their pleading determine and agrée vpon the lawe and for the most part and in manner all actions as well criminiall as ciuill come to the issue state of some fact which is denied of the one partie and auerred of the other which fact being tried by the xij men as they find so the action is wonne or lost And if a man haue many peremptorie exceptions peremptorie exceptions I call onely those which can make the state and issue because the xij men be commonly rude and ignorant the partie shalbe compelled to choose one exception whereupon to founde his issue which chosen if he faile in that by the verdite of xij men he looseth his action and cause and the rest can serue him for nothing Having séene both in France and other places many deuices edictes and ordinaunces howe to abridge proces and to finde howe that long suites in law might be made shorter I haue not perceiued nor reade as yet so wise so iust and so well deuised a meane found out as this by any man among vs in Europe Trueth it is that where this fashion hath not béene vsed and to them to whom it is newe it will not be so easily vnderstood and therfore they may peraduenture be of contrarie iudgement but the more they doe weigh and consider it the more reasonable they shall finde it Howe the issue question or status iuris is decided I haue tolde now I will shewe howe it is tryed when it doth come to the question state or issue of the déede or fact And first I must speake more largely of the manner of procéeding in the processe and of such persons as be necessary for the execution thereof Of the sherife of the shire and of the court of exchequer CHAP. 14. THe Romans had to execute the commaundementes of the magistrates Lictores viatores accensos The ciuill lawe sith that time hath other names termes and officers The execution of the commaundementes of the magistrates in England is ordinarily doone by the sherifes The sherife which is as much to say as the Réeue or Bayly of the shire is properly word for word Questor prouinciae it is he which gathereth vppe and accompteth for the profittes of the shire that come to the exchequer The exchequer which is fiscus principis or aerarium publicum and I cannot tell in what language it is called Scaccarium some thinks that it was first called statarium because that there was the stable place to account for the reuenues of the crowne aswell that which came of the patrimony which we cal the demeasnes as that which commeth of other incident acquisitions be they rentes customes tenthes quinziesmes taxes subsidies wheresoeuer the Prince or his court be according to the time and occasion was a place stable continual and appointed for to recken and account The hearers of the account who in latin may be called tribuni aerarij haue auditors vnder them which the Latines doe call Rationales but they are the chiefe for the accounts of the Prince and may be called Iuridicirationales in English we cal them Barons of the exchequer whereof is one who is called the chiefe Baron as Tribunus or Iuridicus rationalis primus or princeps The chiefe of all is called high treasurer of Englande as you would say in latin Supremus aerarij anglici quaestor or Tribunus aerarius maximus In this court be heard Quadruplatores which we call promoters which be those that in popular and penall action be delatores hauing thereby part of the profit by the lawe assigned In this court if anie question be it is determined after the order of the common lawe of Englande by the xij men as I haue saide and all customers which were in latin called publicarij in gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do account in this office The Sherife of the shire is called in our common latin vicecomes as one would say vicarius comitis or procomes doing that seruice to attende vpon the execution of the commaundementes of the Tribunalles or Iudges which the Earle or countie should doe which Earle or Countey for the most part was attending vppon the Prince in the warres or otherwise about the Prince as the worde beareth Comes principis whereby it may appeare that the chiefe office of the Countie or Earle was to sée the kinges Justice to haue course and to bee well executed in the shire or Countie and the Princes reuenues well answered and brought in aerarium principis which is called of vs the treasurie If any fines or amerciaments which in latin be called mulctae beleuied in any of the saide courtes vpon any man or any arrerages of accountes by the latins called reliqua of such thinges as is of customes taxes subsidies or any other such occasions the same y e sherife of the shire doth gather and is respondent therefore in the exchequer As for other ordinarie rentes of patrimoniall landes and most commonly for the taxes customes and subsidies there be particular receiuers and collectors which doe answere it into the exchequer The sherife hath vnder him an vnder sherife at his charge and appointment learned somewhat in the law especially if he be not learned himselfe diuers bailifes which he called errantes whom he maketh at his pleasure who can knowe ech lande and person in the shire and their abilitie to goe vppon enquestes either to distreine or to summon him to appeare whom the sherife shal appoint and for this cause to the sherifes as to the minister most proper of the lawe the writtes be directed When any thing commeth to an issue of the déede or fact there is a writ or writing directed to the sherife of the shire where the lande is whereupon the controuersie is or where the man dwelleth of whom the money is demaunded which writ is called venire facias Then after the same effect an alias pluries or distringas according to the nature of the action to the returne of the sherife And if for any disobedience of not comming and appearing there be a fine which the latins doe call Mulcta set vpon any iurors head the sherife is charged with it and taketh the distresses which in latin be called Pignora and answereth therefore to the exchequer The sherife also is readie by himselfe or by his vndersherife to serue aswell the Iustices of peace in their quarter sessions as y e Iustices called Itinerantes in their great assises when they come into the shire which is twise in the yeare to dispatch and voide actions criminall and ciuil depending at the common law and which be come nowe to the issue He hath also the charge of all the prisoners cōmitted to y e prison which we call the gaole and when any is condemned to die it is his charge to sée the sentence executed To be short he is as it were the generall minister