Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	kingdom_n	1,417	5	5.6187	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66455	Jus appellandi ad Regem Ipsum a cancellaria, or, A manifestation of the King's part and power to relieve his subjects against erroneous and unjust decrees in chancery collected out of the authorities of law / by Walter Williams ...	Williams, Walter, of the Middle Temple.	1683 (1683)	Wing W2774; ESTC R7919	45,013	145

Of the Laws and Customs of England and therein as to the Temporal state of affairs the Pope having in those days usurp'd Jurisdiction not only upon our Kings but upon many other Princes in Spiritual matters Bracton says Bract. l. 1. fo 5. cap. 8. That under Emperours Kings and Princes are Dukes Earls and Barons great Officers men of Renown and Knights there are also Freemen and Bondmen and divers Authorities and Powers constituted under the King Omnia quidem sub eo ipse sub nullo nisi tantum sub Deo parem autem non habet in regno suo quia sic amitteret praeceptum cum par in parem non habet Imperium item nec multo fortius superiorem nec potentiorem habere debet quia sic erit inferior suis subject is inferiores pares esse non possunt potentioribus ipse autem Rex non debet esse sub bomine sed sub Deo Lege quia Lex facit Regem attribuat igitur Rex Legi quod Lex attribuat ei videlicet Dominationem Potestatem And a little further Et sciendum quod ipse Dominus Kex Ordinariam habet Jurisdictionem Dignitatem Potestatem super omnes qui in regno suo sunt habet enim omnia Jura in manu sua quae ad Coronam Laicalem pertinet potestatem materialem gladium qui pertinet ad regni Gubernaculum habet etiam Justitiam Judicium quae sunt Jurisdictiones ut ex Jurisdictione suae sicut Dei Minister Vicarius tribuat unicuique quod suum fuerit To the like effect he says in another place treating of Temporal Jurisdiction and Who it is that can and ought to judge he says Bract. lib. 3. fo 107. That it is the King and no other ought to judge if He alone could compass it being thereunto obliged by tenor of his Oath for at his Coronation he ought in the name of Jesus Christ upon Oath to promise these Three things to his people that are subject to himself 1. That he would command and use his utmost endeavour that perfect peace be continued to the Church of God and all Christian people during all his time Secondly That he would earnestly and strictly forbid and interdict all Pillaging Extortion Ravening and Wickedness whatsoever Thirdly That in all Judgments he would regard Equity and Mercy that he might receive Mercy from God und that all people by his Justice may enjoy a firm and inviolable Peaee He says further that it is the Kings part and duty he being Gods Vicegerent on Earth to prefer right before wrong Equity before iniquity that all his Subjects might live honestly that none of them hurt the other and that every one of them may have and enjoy what to him of right belongs He ought to exceed all his Subjects in Power He ought to have no Equal much more ought he not to have any Superiour especially in administration of Justice that it may be truly said of him Magnus Dominus noster magna virtus ejus with a great deal more to the same effect In the next chapter he proceeds and says Bract. l. 3. so 108. Dictum est in proximo de ordinaria Jurisdictione quae pertinet ad Regem c. In the precedent Chapter the primitive and fundamental Jurisdiction which belongs to the King is treated of it follows now to treat of the delegated derived and substituted Jurisdiction where a man hath no Authority of himself but what is committed to him as when he that doth so delegate or substitute another cannot himself determine every particular Cause and to the end his labour may be the easier by dividing the burthen amongst divers other persons he ought to choose in his Kingdom wise men fearing God in whom there is sincerity and truth of speech who hate Covetousness and of such to constitute Judges Sheriffs and other Bailiffs and Ministers to whom may be referred as well Questions upon doubtful matters as Complaints upon injuries who will not decline the course of Justice to the right hand nor to the left for hope of Reward nor fear of Punishment And a little further treating of the several sorts of Justices he says thus Item Justiciariorum quidem sunt capitales generales perpetui majores a latere Regis residentes qui omnium aliorum corrigere tenentur injurias errores sunt etiam alii perpetui certo loco residentes sicut in Banco loquelas omnes de quibus habent warrantum terminantes qui omnes Jurisdictionem habere incipiunt praestito sacramento item sunt alii Itenerantes de loco in locum sicut de Comitat ' in Comitat ' quandoque ad omnia placita quandoque ad quaedam speciali ficut ad Assisas tantum Gaolas Et qui authoritatem habere incipiant sine sacramento cum breve Domini Regis receperint de waranto sunt etiam Justiciarii constituti ad quosdam Assisas duas vel tres vel plures qui quidem perpetui non sunt quia expleto Officio Jurisdictionem amittunt That is to say Of Judges some are chief universal constant and of greater power than others always with the King whose business it is to correct the Injuries and Errors of other Judges and there are others that are of a constant continuance resident in a certain place as in the Bench determining all Pleas whereof they have a warrant to determine all of whom begin to have Jurisdiction by taking the Oath of their Office Also there are other Judges that move from place to place as from County to County sometimes to determine all Pleas sometimes some particular Pleas as Assizes only and Gaol-deliveries whose Authority begins without any Oath when they receive the King 's Writ for their Warrant and there are Judges constituted to determine some certain number of Assizes as two three or more who are not of constant continuance but having done what they were appointed to do they lose their Jurisdiction And a little further Et quamvis quidem eorum perpetui sunt ut videtur finitur tamen eorum Jurisdictio multis modis scilicet mortuo eo qui delegavit vel mortuo eo sub cujus proprio nomine causa delegatur Item cum delegans revocaverit Jurisdictionem vel alium dederis Justiciarium That is Altho' some of the said Justices are of constant continuance as it might seem yet their Jurisdiction may be determin'd several ways that is by the death of him who gives them Authority or by the death of him in whose name the Suit is begun or when he that delegates or gives the Authority doth revoke the Authority and Jurisdiction which he gave or appoints another Judge And to conclude that matter he says That no Judge so substituted or delegated by our Lord the King can substitute or delegate another Thus far Bracton whence it is most clear that all primitive and original Jurisdiction was in the King and

ipso Rege And I find by the Journal of the Lords House that the 10th of December 1621. a Report was made by a Committee appointed to search for Precedents touching Appeals to the Lords from Decrees in Chancery In the Stat. 37 E. 3.18 by Gr. Councel is meant the Privy-Council That anciently all Petitions of that nature were directed to the K. and his great Councel From whence I gather it is but a late practice both to leave the King quite out of such Petitions and to neglect praying his allowance that the Lords may examine Errors of Judgements and Decrees And perhaps it may prove of ill consequence hereafter if not timely considered and rectified the Supremacy of Jurisdiction being the Supreme part of Government Mir. 232. the King 's chiefest Dignity By the foresaid Statutes of E. 3. and El. and some others since made there is sufficient provisions against erroneous Judgments in all Courts at Law in the intervals of Parliament by Writs of Error which are in nature of Appeals which course I conceive the King might have taken if no such Act had been made But against the Judgments and Decrees of the Courts of Equity in Chancery Exchequer Chamber and Counties Palatine c. there is no provision at all by any Parliamentary Act that matter standing as it did by the Common-Law no Parliament having intermeddled with it which if they had they had the same reason or more to desire the King to constitute a Court of Appeal from these Courts of Equity as from other Courts And it is a great Argument with me if there were no other that it was conceived by the Parliament that there is a Power in the King alone out of Parliament-time to rectisie the Errors of the Decrees of all Courts of Equity else the Parliament I presume would have taken care to have provided against those as well as against the Errors of the Court of Kings-Bench which provision was made because they conceived those Errors not to be redressed but in Parliament and the same reason that induced the Parliament to constitute Courts to redress the Errors of the Kings-Bench and Exchequer viz. the unfrequency of Parliliaments and their being otherwise employ'd when they fit may induce the King to appoint Referrees to rectifie Chancery-Decrees For the further clearing of this matter it seems in Queen Elizabeths time there was the like doubt made as now Whether the Queen might relieve against the mistakes of the Chancellor or Keeper in making his Decrees And the Queen took the right way to be inform'd she referr'd it to the Judges to certifie to her their Opinion touching that matter For it appears Rolls Re. 1 p. 331. by the Authority in the Margin that it was certified by all the Judges of England in the Cause between the Countess of Southampton and the Earl of Worcester in Chancery that the Queen upon Petition might refer the matter to the Judges but not to others to examine and reverse the Decree if there should be cause and that the then Lord Chancellor agreed to that resolution And forasmuch as it is mentioned in that Report that the referrence ought to be to the Judges and not to others it is to be understood that it was a point in Law was then in dispute and in such Cases there must be some Judges amongst them for in arte sua cuique credendum est and therefore Judges whose profession the study of the Law is are presum'd to be best conusant of any what the Law is and the Law is not to be unregarded in judging according to Equity but both Law and Conscience are to be so intermix'd as to produce a just Judgment a skill of great curiousity and ought therefore not to be final but in the resolution of several men of great knowledge and integrity since the least byass of affection or disgust to one side or other may lead any single man a great way out of the way I presume this may be the meaning of that Report because I find in the Year-book of the 27th of H. 8. so 15 c. That the Kings Secretary and Mr. Fitz-Herbert were join'd with the Chancellor to review a Decree between the Prior of St. Johns and one Dockeray where the Secretary gave rules in the Cause as well as the Chancellor The House of Lords themselves always take the advice of the Judges and to leave matters of Equity wholly to the Chancellor alone in the intervals of Parliament is to give him a greater power than the Lords take to themselves in Parliament which I humbly conceive ought not to be Besides this resolution of all the Judges assented to by the then Lord Chancellor it was afterwards agreed to by the House of Lords themselves That it was proper for the King to give authority to examine and correct Decrees in Chancery as appears by their own Order which is as followeth viz. Die Veneris vicesimo octavo die Maii 1624. THe Petition of Will. Matthews of Landast was read and the Answer thereunto conceiv'd by the Lords Committees for Petitions after Councel heard on both sides many several days was reported to the House by the Lord Houghton and read in haec verba viz. The Lords Committees upon the examination of the whole Cause between William and George Matthews find William Matthews principal Debt to be Five thousand two hundred and sixty pounds which they hold fit to be paid by the said George Matthews thus Vpon St. Andrews day next One thousand six hundred twenty four 2000 l. Vpon St. Andrews day One thousand six hundred twenty five 2000 l. Vpon St. Andrews day One thousand six hundred twenty six 1260 l. The whole sum 5260 l. And that for security for the payment of this Debt according to every several day and payment here set down the whole Land to stand bound and that this be the better performed the Lords Committees think fit the execution hereof be recommended to the Court of Chancery Die Veneris vicesimo octavo die Maii 1624. post meridiem George Matthews exhibited his Petition in haec verba viz. To the Right Honourable the Lords Spiritual and Temporal in the higher House of Parliament assembled The humble Petition of George Matthews Esq Humbly sheweth your Lordships THat your Petitioners Decree now question'd hath been several times submitted unto by William Matthews never question'd during the life of the Petitioners Father and His Majesty upon information by Petition on both sides declared That he saw no Cause for questioning thereof and it was thereupon ordered That to hear a Cause after submission no Corruption appearing would be a dangerous Precedent In consideration whereof and for that the Decree stands question'd only by Petition nor was your now Petitioner ever party to any Suit nor is there any Bill depending in Court he being informed by Councel that it hath been the course of this Honourable House to reverse Decrees but by