Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	church_n	time_n	3,239	5	3.7702	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94126	A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration.	Leach, Edmund, of London,	1653 (1653)	Wing S6192; Thomason E693_7; ESTC R203687	32,930	42

A Supply to a Draught of an ACT or SYSTEM Proposed as is reported by the COMMITTEE FOR REGVLATIONS Concerning the LAW Wherein are Provisoes against severall Inconveniences which may befall the Free-People of this Nation thereby unless seasonably by the Supreme Power or otherwise prevented To which is added A short Treatise of TITHES shewing their Original Rise to whom Due how they have been disposed of from Age to Age with seasonable Proposals for the future Preservation and Advancement of Religion and Learning and setling a Competent Maintenance for Ministers and true Labourers therein for perpetual quiet of the Nation Published by divers Officers and Souldiers of the Common-wealth and Army being the second part of their Antidote and tendered to the same Consideration Printed for the use of the Common-wealth and Army and to be sold by Tho Brewster at the Three-Bibles by Pauls 1653. The Publishers Epistle To all faithfull in CHRIST whom it doth or may concern HAving lately heard of some Propositions called The System of the Law which are said to be intended Preparatives to severall Acts of Parliament touching the Regulation of the Law We cannot but with thankfulnesse acknowledge the Care and Industry of those worthy Persons who contrived the same it conteining many good and wholesom Provisions for the future perpetuall Good and Quiet of the Nation Neverthelesse we doe humbly conceive that there are some unsafe Results said to be thereby offered which if they should be confirmed by Act of Parliament before a further Supply of what is conceived Necessary and Convenient to be also added may very much tend to the prejudice and disquiet of the People We having formerly as well in this kind as otherwise contributed our weak Endeavours for generall good of this Nation knew not at present wherein we could give a more visible Testimony of our Affections to the peaceable Government of the Free People here than by offering to the seasonable Consideration of them and the Supreme Authority what we humbly conceive prejudiciall and inconvenient to well-Government in Case that System as it is said to be now prepared should take Effect We therefore make bold to offer unto publique Consideration such further Provision as we humbly conceive most fit and convenient for Supply of what is thought to be omitted mistaken or unprovided for therein intending shortly to set forth further Discoveries of this Nature To which we have added a small Treatise concerning Tithes with the original Rise thereof to whom due and how fraudulently deteyned and exacted by Vndeservers and disposed of from Age to Age with Proposals for Preservation Advancement of Religion Learning and future competent Maintenance of the Ministers and the true Labourers therein being Necessary for general Quietness and for Redress of some Inconveniences relating thereunto that have formerly befallen this Nation hoping that somthing may therein appear to the Supreme Governours worthy of Consideration and acceptance for Publique good which is the reall Desire and Endeavours of E.L. T.P. H.W. S.G. c. A Supply to an ACT Desired to be Proposed as is reported by the COMMITTEE FOR REGVLATIONS Concerning the LAW IT being reported That some persons have proposed in writing or otherwise or have such intent severall things which may tend to inconveniencies if needfull provisions be not in the same One of them being as is said That no Arrest shall be before Summons without any provisiō either by speedy Arrest or Restraint of any sculking persons Out-lyers or Fugitives from going out of this Nation or lying hidden or obscuring of themselves or giving out that they will or running or going about to run away after they have gotten great Estates or summes of moneys into their hands by flatteries and feigned machinations and inventions on a sudden and so dasling the eyes of many Conscientious people which if so should take effect is to be feared will be to the great losse of many and undoing of divers of them by many of such which will hast suddenly away to Amsterdam Constantinople the East or West Indies and never come again to make any satisfaction to any of their Creditors or give recompence to any of those which they have defrauded but for any way of prevention of such inconveniencies or mischiefs we forbear to write being as we conceive sufficient hath long since been published for that purpose Another of them as is said is for putting the Laws of this Nation against Drunkennesse in strict execution which as said is very well done to which is wished might be added That none might drink Healths to each other which is very like would prevent much Excesse in that way such doings being thought one of the principall causes of the fall of the African Churches which loathsom and odious sin was much cryed out against by St. Augustin Bishop of Hyppo in his time Another of which as is also said is That no person shall be arrested attached molested or troubled by any Originall or other Writ or Processe thereupon issuing without any provision for declaring or proceeding in Actions which are necessary to be joynt against such as shall or may be compelled to appear with such of them as be or shall be Fugitives or obscure persons and cannot suddenly be found to be proceeded against with the other and some of them not in a long time whereof it is hoped serious Consideration will be had by the honourable Commissioners or Committee for consideration of the regulating of the proceedings in the Law that no just cause or suit may be lost for want of such provision Two other good things as is said be also proposed that is to say no more collaterall warranties may prevail to bar the Nephew or the Neece and that no Occupancy or Entry by any stranger or other than the Heir of the Lessee shall be concerning into or upon any Lands or Tenements after the decease of him who was thereof seized during the life of an other and dyed so thereof seized together with which we could wish might be taken into consideration whether or not it be necessary that the Statute of limitations of Entry should as well extend to the bringing of writs of Entries Assize Formedons Ayle Besayl c. and the taking away tryalls by wagers of Battail which is conceived to savour so much of Heathenism as tryals by ordeyl or the custome of Villenage although not so obsolete but sometime have been put in practise in these modern times and of wagers in Law which many know do much hurt Another of them as is said is That no matter to be proved or given in evidence shall be avaylable unlesse it appear to be proved to be within thirty days next before or after the time laid in the Declaration or to the same such or the like effect which is conceived to be too short a time of limitation for such purpose for if the matter come in question within a year it is thought

difficult for any ordinary man to tye his remembrance within such time much lesse after 4 5 or 6 years or more which often may fall out in such case but it is conceived that within the limitation of half a years time it may be remembred by such and very well by many having regard to the seasons of the year that is to say temperature heat or cold within such times or some remarkeable thing happening Another of them is reported to be that no writ of Error hereafter shall be brought or to such effect which if it happen to what infinits would appeals come if any shall be and how then should matters of error in fact be tryed Is it not as a●tiently hath been convenient that it should be tryed in the Country where the cause did arise and amongst others by some of the Hundredors there and if the cause of challenge in such case should be taken away many may imagin what inconvenience may happen for in antient times Hundredors were accounted all honest according to those times and none others suffered by the residue of the Hundredors to remain or abide there nor any stranger at all permitted to come to reside there without putting into the same Hundred pledges of some of the inhabitants thereof And as concerning writs of Errors when that ready drawn come out it is not doubted but it will appear that if it be a effected there will be seldome any cause of bringing many writts of Errors or Appeals but that very few may serve for that purpose An other of them being reported to be that if any person who doth not sue in form of poverty be adjudged to pay costs in any cause the same shall be payed by the Attorney in the sute if such Plaintiff cannot be found in the Common-wealth This is feared will be another occasion in putting off all of ability in estate experience or Iudgement from being Attorney And that thereby few or no pledges will be found other than the imaginary names of Iohn Doe and Richard Roe if the Plaintiff be not enforced upon commencing his sute to find better as by the antient law of this nation he ought Another of them is said to be that after issue joyned the same shall be tryed that day sevennight in the place where the same is tryable if the Judges shall be then and there sitting otherwise at their next sitting in such place after those seven days at the request or prosecution of either the plaintiff or Defendant or to the same such or the like effect And in others also is said to be that Iudges without consent of parties shall not defer any tryal above 15 days longer than seven days after Issue joyned And that only for some just cause to appear to the Court upon oath and upon payment of such costs to the adverse party as he shall make appear by oath he is or shall be put to by reason of such delay before any longer time be granted If these two should be observed how will Plaintiffs or Defendants which have witnesses in severall or many places fadistant from the place of triall speed Or can it any otherwise be imagined but that he she or they which cannot prove their Declaration Plea or Issue without such witnesses to be brought from severall places shall unavoidably be triced and injured it being impossible to have them brought to such places of tryal in so short time Some others of them being as is also said for Forms of Declarations in a short manner as followes or to such or the like effect one that a president is contrived in an action upon a promise only reciting that M. SS the Plaintiff complaineth against the Defendant for not paying _____ pounds according to his promise being so much indebted to him the _____ day of _____ to his damage of _____ If this should goe so how can the Defendant imagine what promise or consideration or debt the Plaintiff will insist upon at the Triall Be not some promises made without any lawfull consideration and many promises made that do not amount to any debt nay not so much as to be demanded by the Plaintiff untill some Act be performed on his part And may not many promises be made for debts duties or demands which may be honestly satisfyed by the Defendant and so by him proved if he knew what would be stood upon at the Triall And will not many Defendants in such cases be triced others of them constrained to produce Multitudes of Witnesses to Tryals at their great Costs trouble and charges to prove multiplicity of Matter Another that M. SS the Plaintiff complaineth against the Defendant for trespassing him the _____ day of _____ in Close called _____ at _____ to his damage of _____ without expressing whether by walking with feet or with cattel or digging cutting lopping or topping which is like more to puzzle the Defendant than to lay it so uncertain that the Defendant must be constrained to put in a common Bar to enforce the Plaintiff to a new Assignment of the place in certain and further by such courses the Defendant is like to be put to such other Inconveniences as before is mentioned Another M. SS A. B. complaineth of C. D. for not delivering him _____ quarters of Mault which the _____ day of _____ he promised for Corn to deliver to his damage of _____ without mentioning when the Mault should be or when the Barly was delivered which leaveth the Defendant to such uncertainty that he cannot tell how conveniently to defend himself at the Triall Another H.SS. A. B. complaineth of C. D of _____ _____ for not paying 20 l. debt and 5 l. damages which is due from him by Bond dated the _____ day of _____ to his damage of _____ for not paying it without reciting to whom it should be paid or the Bond to be produced into Court whereby neither the Defendant nor his Clerk or Attorney can see whether his name be thereunto subscribed or not nor what witnesse did or have subscribed thereunto their names as witnesses or to see whether or not their names be counterfeit or the wax new or old according to antiquity of the Bond or whether or not the seal be counterfeit such wicked courses having been more frequent of late years than formerly and many beggarly persons more expert and dishonestly bent to act such things than in those times many being so cunning at that work that a man cannot know his name so counterfeited frō his own hand writing without diligent care and long viewing and comparing and consideration had of other circumstances And besides the Defendant cannot come to the sight of the condition of the Bond that he may see whether it be perform'd or not which things cannot be conveniently done at the triall there being always little time to perform any such thing whereby the poor Defendant is like to be as much perplexed as before is mentioned Another for breach

perceived by any that look into or inquire after the dealing of Monopolizing Attorneys that they are not only meer uselesse but burthensome and mischievous in a Common wealth as bad as Mise in a Barn and if such should be in the new erected Courts as some have said is proposed others the contrary as be in corporation Courts they must be attended upon by the Suters their Servants Friends or Solicitors which would better serve for that purpose without any Monopolizing Attorneys but that all Attorneys in private mens causes may be in generall and at large in all Corporations and Courts of record as by Law they antiently have and now of right may untill they were injuriously hindred debar'd and interrupted by buyers and sellers of attorneys places contrary to Law for the Iudges of the superior Courts at Westminster never debar any of ability of Attorneys in the Inferior Courts to practise in the Superior such Judges knowing the Law but the ignorant Judges of inferior Courts have been usually wrought upon by Monopolizers for rewards to debar and exclude the learned and able Clerks and Attorneys from practising in the inferior Courts which hath been the occasion of buying and selling men in such inferior Courts and if such courses should continue would they not then multiply if people see that they cannot have Iustice Right may it not be feared that they will go to Cutting and Slashing And then how can it be expected that after a small number of years any Attorneys of understanding or ability are to be found or heard of And must not then all Suters go first to Counsellors to have their Advice to their Causes stated in writing Or can it be expected that any Counsell will give his Advice without the Case be so stated or draw into writing any thing at all where much pains is required when he must take nothing for it And who shall state such Case into writing if the Suter be not of Knowledge and Ability sufficient of himself to do it when no Clerk or Attorney can be found to do the same And if any Such should be found how can it be imagined that he will do any such thing if he may not be suffered to take any thing for it and is not the Profession of a Clerk most troublesome of any and greatest Trust and Care to be had therein and of the Attorney nearest to it in that respect and of the honest learned and painfull Councell next and yet do not favorite Counsell by favour of and combination and sharing with take much for doing little and sometimes nothing at all or no Good at all for but mischief to their Clients and have they not many times taken great Fees and done nothing for the same but deceived their Clients And when that such Clients have gone to such Councell for their mony again have not such Counsell put them off and sent them to their Attorney saying that they would speak with him about it and durst any such Atrorney go to any such Counsell upon any such occasion And hath it not been usuall with such favorite Councell to find fault with any Declaration or Pleading at Trialls and Assizes in which they have not had their fees nor meddled with at first and endeavoured to put their Client off after they have received Fees there and very high untill another day of Triall or Assizes and yet detain those Fees when such Declaration and Pleading hath been drawn and penned well and better and by far better Counsell than such Favourit and is it not generally thought that such Favorite Councell so use to do for their own only lucre prejudiciall to their Clients and have they not prevailed with many Clients and effected their purposes therein And have not honest Councell Clerks and Attorney when there hath been only jealousie suspition or report of dishonesty in them though without cause or feigned been scandalized clouded for some time And have not Ambodextry c. been connived at in some other Sorts those thereby grieved and some others knowing thereof not daring to call them in Question by reason of _____ And will not such Suters as be of Knowledge and Iudgement being avaritious cunning and subtill and unconscionably and deceiptfully bent undoe grievously oppresse and vex other quiet People deficient in those qualities in wringing many of their Estates from them without any just cause And will not People then be constrained to follow their Sutes in their proper persons or by their Domestick and Meniall Servants Neighbours or Friends And will not then many good Counsell forbear pleading or speaking at Trials and Hearings c. And will not then such cunning Suters plead their own Causes and wrangle and scould out honest and plain-dealing and meaning men and such Councell as then will be had out of many a good Cause And will it not cause great trouble and charges to Suters And will not ignorant people then run head-long in unjust intricate and frivolous Sutes like a blind horse running his head against every Post Wall or other thing in his way and many times into a River or Ditch Another as is given out is That no Serjeant at or Councell of Law shall take or accept any thing of any Client but only as followeth that is to say for subscribing his Opinion to a Case stated in writing or for speaking at a Triall or for making a Motion ten shillings for arguing a Demurrer or speaking at a Cause in Hearing in Chancery twenty shillings And where can Learned or Judicious Councell or Serjeants at Law be obtained at such low rates and will continue their parctise And after the departure of those which be now of such when will any other of the like be hereafter Can any Imagin that any will be at the charge or trouble of such hard study to gain his living by practise when sometimes he must wait as is formerly proposed and published before he can be heard a Motion And can any learned Councell afford for twenty shillings to study and draw in writing an Argument in Law about which many times they have been a month and sometimes more And why should any be at the trouble of drawing or perusing or amending of any Bill Declaration or Pleading in Law of great length and subscribing it and be allowed but ten shillings for so doing or drawing of Breviats of the like kind and be allowed nothing for so doing though they have been a whole or severall days about it Is it not the best most conscionable and equitable way that without penalty by Councell Clerk or Attorney they may take according to their Desert or as much as the Client will willingly give according as by the laudable Custome approved by our Ancestors for severall ages they have used And have not such as have transgressed therein undergone the penalty as Extortioners and been prosecuted And is there not sufficient provision in the Law already in force