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	power_n	supreme_a	1,645	5	8.3158	4	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

seems should make the Law in this Case Dyer 33 H. 8. is the express case Attorney 20 H. 6.32 The Court advised At another day Roll chief Iustice said That the opinion of the Court was that an Attorney may plead his privilege by an Attorney and there is no inconvenience follows by doing it but it is true the Presidents are both ways and it is not contrary to any thing he hath done and it may be he is sick or hath business in another Court where he is necessarily attend Therefore let his plea be allowed nisi Leake and Reynolds Hill 1653. Banc. sup LEake brought an Action of Debt upon an Obligation against Reynolds Special verdict in debt upon a bond The Defendant pleads non est factum the Iury upon issue joyned find a special verdict to this effect That the Plaintifs Declaration is upon an Obligation dated the 24 day of the month and they find that the Obligation was sealed and delivered the 27 day of the month but bears date the 24 day and whether this shall be accompted the same Obligation upon which the Plaintif declares or not is left to the Court to determine Green for the Plaintif said that this case is the same with Goddards case and there it was adjudged a good deed 12 H. 6. f. 1. Dyer 247. and in the end of Goddards case the case in point is adjudged Roll chief Iustice This is a plea in Bar Plea and not in abatement therefore take your judgement Hill 1653. Upper Bench. BY Roll chief Iustice What is not slanderi●g a title If one hath colour of title to land an Action of the Case will not lie against him for saying I have better title to the land than you though his title be not so good as the others title is Nota. VVingfield and Valence Hill 1653. Banc. sup Hill 1650. rot 1409. LAtch moved to have restitution of monies out of the hands of a Sherif For resti ution of monies in the Sherif-hands which he had levied upon an execution taken out of this Court because it issued forth erroniously for before the Execution taken forth the Defendant brought his writ of Error in the Chequer Chamber to reverse the judgement and the Record was removed thither and although the late Statute say that a writ of Error shall be no supersedeas to stay execution yet the Record being removed into the Exchequer Chamber no execution can be granted out here for here is no Record to warrant it Roll chief Iust The case being moved again at another day till when the Court would advise said The Record is removed by a writ of Error in the Exchequer Chamber and is not now before us nor was at the time when the Execution issued forth and this being after a verdict and a judgement the writ of Error is no supersedeas and so it is mischievous both ways Mischief Supersedeas but how can we help it yet take a supersedeas quia erronice to supersede the execution for it was ill awarded and take the moneys out of the Sherifs hands Nota. The Protector and Captain Streeter Hill 1653. Banc. sup CAptain Streeter was brought in Court by habeas Corpus For delivery of a Prisoner appearing upon a Habeas Corpus and upon the return read and filed it appears that he was committed by an Order of Parliament for publishing scandalous and sedilious books Twisden moved that the prisoner might be bailed because that the Parliament is now dissolved and by consequence the Order by which he was committed is of no sorce Mr. Attorney General on the other side urged that the Parliament was not dissolved but only the meeting of those persons in Parliament was dissolved for the Parliament by the antient Law is to be every year so that this is but in effect an adjournment and not a dissolution and besides this matter for which the prisoner stands committed cannot be here inquired of and so the cause of his commitment shall be intended to be good and the Parliament may commit without shewing the cause of the commitment and this commitment may be in order to his Tryal and the Prisoner is not without remedy for he may apply himself to the supreme Authority to whom the Parliament have resigned their power Twisden for the prisoner confessed that this Court cannot be Iudge of the Parliament but this Order by which he is committed differs from an Act of Parliament for this is temporary and determineth and although the authority of Parliament ceaseth not yet a particular Parliament may be dissolved as this was Wad Windham When a Parliament is dissolved the procéedings there are determined Flowrdews case 1 H. 7. the Latine case and the Parliament is now dissolved and not adjourned and a Parliament dissolved is not like the Courts of Iustice here in the Vacation time Wild This case is not like to the case where this Court remaunded a prisoner committed by the Parliament sitting the Parliament for the prisoner here is coram Protectore who may deliver him Captain Streeter Mr. Attorney labours to afperse me but shews no cause or crime for my commitment and I am here before the Protector in his own Court Attorney General Only the persons and their convention is dissolved but not the Court no more than this Court is by the demise of the King or in the Vacation time and I must refer it to the Court how far you will intermeddle in this case and this Order by which he stands committed may be his judgement there and then he cannot be delivered and I know no difference betwéen an Order and an Ordinance of Parliament and the stamp and authority of Parliament is upon this order and if the prisoners Counsel say true then he may have an Action of false imprisonment against his Gaoler Twisden Here is no Order of the Parliament returned but it expresseth that he was committed by the Speaker by vertue of an Order of the Parliament Roll chief Iustice We examine not the Orders of Parliament but the question is whether the Order doth now continue Order of Parliament Dissolution and I conceive it is determined by the dissolution of the Parliament and so would it have done by prorogation of the parliament because there is another Session and we can judge no otherwise of Orders of Parliament but by the words of them Ask Iustice If one that is committed by Order of Parliament cannot be delivered until another Parliament the peoples liverty will be lost for there may not be a Parliament in many years Roll chief Iustice A new Parliament hath not reference to the old but it is a new Court created upon new Summons and why may not the Prisoner be bailed without these disputes although he may apply himself elsewhere But the Court would advise because they perceived the prisoner stubborn At another day Mr. Attorney upon the prisoners appearance again upon his Habeas

goods were and so the Declaration is incertain But Roll chief Iustice answered that the Declaration is good enough especially now there being a verdict in the case Pasch 1653. Banc. sup BY Roll chief Iustice Where a Certiorari may not be granted Affidavit Surmise A Certiorari to remove a Record ought not to be made but to a known Officer who is known to have the custody of Records and upon a surmise that he hath such a Record in his hand and therefore We will not upon an Affidavit grant a Certiorari but upon a surmise made upon the Roll. Pasch 1653. Banc. sup COunt Arundeland my Lord Chandois Bail den●ed for Ma●slaughter to whom Count Arundel was second in a duel being formerly endicted at Surrey Assizes before Iustice Ask Iustice Warburton for killing Mr. Hen. Compton found guilty only of Manslaughter by the grand Inquest were brought to Bar to be arraigned for it and were not admitted to be bailed but were delivered over to the Marshal to be brought again at another day Nota. Pasch 1653. Banc. sup IOhn Weeks who had been endicted and convicted upon the Statute of King Iames made against stabbing Pardon allowed being formerly brought to this Bar did plead the general pardon which he had sued forth and prayed it might be allowed But then the Court said they knew not whether he were excepted out of the general pardon or not and ordered him to enter his averment upon the Roll that he is not excepted Surmise entred and then to appear again at another day at which time he was brought again and then he declared he had entred his Averment and produced his pardon and prayed it might be allowed which after a grave admonition made to him by Mr. Iustice Ierman exhorting him to repentance and amendment of life was done Harris and Tooker Pasch 1653. Banc. sup HArris brought an Action upon the Case against Tooker for turning of an old Water-course from his Mill to a Mill which the Defendant had lately erected and obtains a Verdict Arrest of Iudgement in an Action upon the Case The Defendant moves in Arrest of Iudgement 1. Because it appears not by the Declaration what estate the Plaintif hath in the Mill for he only says that he hath been seised of it 2ly It is not shewed from whence the water runs as it should be 3ly The erecting of the new Mill is not actionable but the diverting of the water to his damage and therefore ought not to be jumbled together Case Roll chief Iustice It is a damage to turn the water out of its antient course and it is not needfull to say that there is a new Mill erected But what say you to the first Exception viz. That you have not shewed what estate you have in the Mill. Wild answered they had shewed it Roll chief Iustice Be it so or not the Action lies for what estate soever he hath an Action of the Case will lie therefore take your Iudgement Pasch 1653. Banc. sup MEmorandum Arraignment for Manslaughter This day by Rule of Court my Lord Chandois and Count Arundel were again brought to the Bar and arraigned for Manslaughter Chandois as Principal and Arundel as accessary for killing Mr. Henry Compton in a duel They confessed the fact and craved their Clergy and Peerage by the Statute of 1 Ed. 6. But because the Court doubted whether the Statute was repealed or not Clergy and in regard the prisoners were not willing to lie longer in prison the Court refusing to bail them because the fact was notorious they waived their Peerage and prayed their Clergy as Commoners of England Whereupon the Ordinary was called who appeared and brought his Book which was a fair Latine Psalter The Court called for the Book and seeing it to be Latin commanded him to bring an English Book which he did But because the Officer was not provided who should have burned the Prisoners in the hand the Court would not then hear them read though the prisoners urged it But they were ordered to be still in Custody till another day and then to be brought again Trin. 1653. Banc. sup TWisden moved for a reference to Hern the Secondary and put the case to be this Motion for a reference to the Secondary A Scire facias issued forth against Executors and the Sherif returns nulla bona After upon a supposal by a testatum that the Executors had wasted the goods a new scire facias with a fieri facias in the same writ issued out according to the new way used and upon 2 nichils returned a judgement was given against them de bonis propriis and the parties were never summoned or had any notice of the proceedings Audita querela Reference Roll chief Iustice If you be condemned upon 2 nichils returned whereas you were never summoned you may help your selves by an Audita querela But it is not to be helped upon a reference Trin. 1653. Banc. sup A Man brought an Action of the case against one for causing him to be endicted for stealing of a Mare Arrest of Iudgement in an Action upon the Case and hath a verdict against the Defendant It was moved in Arrest of judgement that upon preferring of the Bill to the grand Iury they found an Ignoramus and so there is a repugnancy in the Declaration which sets forth that the Plaintif caused him to be endicted and yet says that an Ignoramus was found so that upon the matter it was found no Endictment Wild on the other side said the Declaration is well enough and there is no repugnancy for the words shall be taken according to the common construction Hales There is another Exception viz. That all the proceedings mentioned in the Declaration are expressed to be before the Iudges as Commissioners for the Gaol delivery and not as Commissioners of Oyer and Terminer Roll chief Iustice We will intend that the Endictment was before them as Iustices of Oyer and Terminer Endictment and in truth it is not material before what authority he was endicted and in this case the trouble the party is put unto by reason of this endictment is the cause of his bringing this Action and not his Tryal upon it Cure and therefore the authority is not material nor is it material whether the endictment be good or no and the words here are to be construed according to common intendment viz. That he was endicted though the endictment was not found but an Ignoramus and so by consequence in Law it is no Endictment upon which he could be tryed to come in danger of his life Hales moved that they might amend the Declaration and go to a new Tryal Roll chief Iustice It would be good to do so Amendment for it is doubtfull how we shall take the matter as it stands before us upon the Record Trin. 1653. Banc. sup THe Court was moved for an

Statute of 13 R. 2. C. 9. which is a generall Law and ought to be taken notice of but if not yet the Action is well brought for it is brought for the vexation the Plaintiff was put unto by reason of the presentment and the other matter alleged is but by way of inducement to the Action 2. Car. in De●t and O●ifes case in this court so held and though the conservators had no authority yet the Action lies for the malitious prosecution and for unjustly vexing him and so adjudged Trin. 16 Car. in this Court in Damon and Sheremans case Hales on the other side said that this Court is not bound to take notice that the Lord Maior of London hath this jurisdiction of conservatorship for the Statute which gave it him is a particular Law touching him only and so not to be taken notice of without it be shewn and then if he have no such authority all the proceedings against the Plaintiff are void Roll chief Iustice An Action upon the case lies for bringing an appeal against one in the Common Pleas though it be coram non judice Case by reason of the vexation of the party and so it is all one whether here were any jurisdiction or no for the Plaintiff is prejudiced by the vexation and the conservators took upon them to have authority to take the presentment And I hold that an Action upon the case will lye for maliciously bringing an Action against one where he had no probable cause and if such Actions were used to be brought it would deter men from such malitious courses as are to often put in practice Sherecroft and Weekes Trin. 1953. Banc. sup SHerecrost brought an Action upon the case against Weeks Arrest of Iudgement in an Action for words for speaking these words of him He meaning the Plaintiff got Mary Nab with Child and the Child is his and I have tryed it with a sieve and a pair of sheeres It was moved in arrest of Iudgement that the latter words are insensible and so the Action not maintainable to which it was answered that the first words are Actionable it matters not though the latter words be nonsence because they have no reference to the former words and therefore shall be rejected as sencelesse But Serjeant Barnard on the other side said the latter words do take off the force of the former words as the case is 4. rep f. 19. 2ly It is not said here when he got her with Child Nor 3ly Doth he aver that there was any such person as Mary Nab. Roll chief Iustice Case The Action doth well lye for the former words are positive scandalous words and the subsequent words are not material and if they be then they are in confirmation of the former for it seems he put confidence in the sieve and the sheeres and that made him speak the words and it matters not whether his confidence be true or false Therefore Iudicium nisi pro Querente VVeldon and Strudder Trin. 1653. Banc. sup IT was moved to the Court that the Plaintiff after he had obteyned a verdict and before Iudgement entred dyed Motion to enter the death of the Plaintiff on the Roll. and prayed that this might be entred upon the Roll but the Court denyed it and said it could not be VVhitehead and Buckland Trin. 1653. Banc. sup THe case of Whitehead and Buckland was again spoken unto Demurrer to a replication in Trespass by Original which was this Whitehead brought an Action of Trespasse by original writ for taking his Cattel the Defendant pleaded the Statute of limitations of Actions in Bar the Plaintiff replies that he took forth an original writ against the Defendant for this Trespass within the time limited by the Statute and upon this replication the Defendant demurred and for cause shews that he doth not shew what writ he sued forth as he ought to do otherwise it cannot be known whether he be rightly thereby intituled to his Action or no. 2ly He hath not shewed the continuances upon his proceedings and so it cannot be known whether his Action be discontinued or no that if it be we may take advantage thereof 3ly He doth not say that he hath taken out an Original prout apparet per Recordum as he ought to do for we do not agree the writ that he pleads he hath taken out 4ly He hath concluded his plea so that it amounts to a new assignment and hinders us from objecting against it by way of rejoynder and he joyns an issue of his own head of a matter not alleged before and 5ly The Action is for a Trespass done in 1645. and yet he concludes it to be contra pacem publicam which being in the late Kings time could not be but ought to have been contra coronam et dignitatem nostram Latch on the other side said that both parties agree to the Original and the disagreement is only in the time of the execution thereof and it is not necessary to say prout patet per recordum nor is it necessary to shew the continuances of the process for this would make the Record too long and here is no hinderance but they may rejoyn if they have cause P●●a Error Roll chief Iustice As to the first Exception it is not necessary to set forth the particulars of the writ and if the writ be not good you may have a writ of Error and for the second exception the plea is good without shewing the continuances and there is no inconvenience by not setting them forth and we will intend that all is rightly done because you have appeared and you are not hindred from replying but may do it if you will and have cause and the Record here shews that you have appeared to this writ but it is not good to conclude the plea super totam materiam as you have done for by this he is hindred from replying and then he hath good cause to demur because you have concluded him and what say you to that Latch The party may strike out the words Et querens similiter Roll chief Iustice He cannot strike out that which belongs not to him Replication Demurrer and you cannot go back and the other is compelled to demur Therefore Nil capiat per Billam nisi c. or waive the Demurrer Postea Trin. 1652. Banc. sup IT was said in the case of Homes and Bingley Who may make a lease to try a title that Tenant at will may make a lease for years to try a title of land and so may a Copy-holder Q. Trin. 1652. Banc. sup BY Roll chief Iustice What plea an Attorney may plead without a special warrant An Attorney who hath warrant to appear for his Clyent may plead for him without warrant But the Clarks in Court said he may plead no other plea without a special warrant but a non sum informatus ideo Q. Peck and Ewre Trin. 1653.