Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	arbitrary_a	grant_v	surmise_n	60	3	17.4013	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61918	Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...	England and Wales. Court of King's Bench.; Style, William, 1603-1679.; Rolle, Henry, 1589?-1656.	1658 (1658)	Wing S6099; ESTC R7640	612,597	542

might have pleaded this in the Admiral Court Hill of Councel for the Prohibition said it is not material what the parties have done in the Common-pleas for this Court is not bound by it Roll Iustice If the matter of your surmise here be tryed already in the Common-pleas why should you move here upon the same surmise Surmise Arbitrary Conclusion But it is not arbitrary to grant a Prohibition or not to grant it if there be cause to grant it and the Tryal in the Common-pleas is no conclusion to us and if it be mischievous as is objected Prohibition to grant a Prohibition after a Consultation granted the Parliament may make a Law to prevent that mischief for as the Law now is it may be done Yet we will advise Gaudy aginst Ingham Hill 23 Car. Banc. Reg. IVdgement was given against an Administrator in an Action of Debt brought against him Error upon a Iudgement against an administrator Iudgement in the Common pleas upon fully administred pleaded and a writ of Error was here brought to reverse the Iudgement The Error assigned was that Iudgement was given for the whole Debt whereas the verdict found that the Defendant had assets only to discharge a part of it To this the Court said if it be found he have any assets Iudgement must be given against him for the whole debt upon his false plea but if he have no assets it is otherwise Allen against Reeve Hill 23 Car. Banc. Reg. Mich. 23 Car. rot 88. ALlen brings an Action of Covenant against Reeve Arrest of Iudgement in an Action of Covenant and his wife upon a lease expired made of certain houses by deed unto the wife dum sola suit wherein was a Covenant to keep the houses in repair during the term for breach of this Covenant is the Action brought and declares as to one of the houses that it was burnt by negligence The Defendants plead a special plea to this effect That the house which was burnt was not burnt by negligence In arrest of Iudgement nor with Common fire as the Plaintiff hath declared and as to the rest they plead the general issue that they were in good repair at the expiration of the term the Plaintiff hath a verdict Nicholes of Councel with the Plaintiff said it conteins a negative preignans for there are two matters offred in issue one that the house was not burned by common fire Negative preignans Demurrer 2ly That it was not burned by the negligence of the party Roll Iustice If it be a negative preignans as you say it is you ought to have demurred unto it as to a double plea. But let us see the book and stay in the mean time Hobson against Heywood Hill 23 Car. Banc. Reg. Trin. rot 791. HObson brings a writ of Error in this Court to reverse a Iuhgement given against him at Bristow in an Action of Debt for rent Error to reverse a Judgement in Bristow in an action of Debt Error and assigns for errors that the sum demanded to be due for rent was in figures and not in words as it ought to be 2ly It is said that the Iury Assideint damna for Assident damna The Court held they were both material exceptions and reversed the Iudgement except cause should be shewn to the contrary Saturday following Chambers against Floyd Hill 23 Car. Banc. Reg. VPon a rule on the Crown side to shew cause why an Attatchment should not issue out against two Iustices of peace for not allowing a certiorari directed to them out of this Court to remove an endictment of forceible entry taken at a private Sessions before them Cause against issuing of an attatchment The Councel for the Iustices urged that they had not contemned the Processe of this Court as is surmised for the certiorari ought to have been delivered in open Sessions of the peace and there allowed Allowance but this was delivered at a privat Sessions and so they were not to allow it 2ly The party who procures the certiorari ought according to the Statute to put in security Certiorari at the delivery thereof to prosecute or else it is not to be allowed but that was not done here and therefore they were not bound to allow it And the certiorari is to remove an Endictment of forcible entry but the retorn is that it was a peaceable entry and a forcible deteyner Retorn so that there being no such Endictment before them as the certiorari mentions they could not make a retorn according to the writ and therefore it is no contempt in the Iustices not to make a return The Court answered Contempt that it is the usual course of the Court to make certioraries in this form and therefore this is no excuse The Councel against the Iustices urged that this case is within the Statute though it were at a privat Sessions of the peace and therefore the Iustices are in contempt Roll Iustice said I conceive that this is casus omissus not provided for by the Statute and if so then are they not in contempt Casus omissus and if some Iustices take an Endictment of forcible entry other Iustices cannot give restitution upon this Endictment Bacon Iustice Restitution The Statute is a remedial Law and made for the ease of the subject and ought not to be construed strictly And said Construction that a privat Sessions is a Sessions but security ought to be put in at the quarter Sessions for it shall be intended that all the Iustices of the County are there Roll Iustice said Security that a privat Sessions ought to take security and the Endictment ought to be retorned there but the certiorari is not good for it mentions not the title of the Act yet the generall practice of the Court seems to warrant it as it is The Court ordered the party to have restitution and the contempt to be spared by consent of partyes if cause not shewn to the contrary before the end of the Term. Hill 23 Car. Banc. Reg. THe Court was moved upon an Assidavit for a prohibition to the Court at Doncaster For a prohibition to the court at Doncaster Prohibition Attatchment and for an attatchment against the Maior for refusing to allow of a forein plea tendred by the Defendant in an Action of Debt brought against him for rent for lands that lye out of the jurisdiction of the Court and for proceeding against him notwithstanding the tender of the plea. The prohibition and attatchment were granted if cause not shewn to the contrary before the end of the Term. David against Lyster Hill 23 Car. Banc. Reg. THe Court was moved by the Plaintiff that the Defendant might be ordered to plead an issuable plea For the Defendant to plead an issuable plea. which he had not done for the Action is an Action of ejectione firmae in which the Plaintiff hath