Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	chancellor_n	king_n	parliament_n	3,651	5	7.7763	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44732	Londinopolis an historicall discourse or perlustration of the city of London, the imperial chamber, and chief emporium of Great Britain : whereunto is added another of the city of Westminster, with the courts of justice, antiquities, and new buildings thereunto belonging / by Jam. Howel Esq.	Howell, James, 1594?-1666.	1657 (1657)	Wing H3091; ESTC R13420	281,998	260

businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Per●on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Pee●s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for

is now called Bacon-House because the same was new builded by Sir Nicholas Bacon Lord-Keeper of the Great Seal Down on that side by Serjeant Fleet-Woods house Recorder of London who also new builded it to Saint Olaves Church in Silver-Street which is by the North-West End of this Noble-Street Then have ye Maine Street of this Ward which is called Saint Martins lane in cluding Saint Martin on the East side thereof and so down on both the sides to Aldersgate And these be the bounds of this Ward within the Wall and Gate Without the Gate the main Street called Aldersgate-Street runneth up North on the East side to the West end of Hounds-ditch or Barbican-Street a part of which Street is also of this Ward And on the West side to Long-Lane a part whereof is likewise of this Ward Beyond the which Aldersgate is Goswell Street up to the Barrs And on the West side of Hidersgate Street by Saint Buttolphs Church is Briton-Street which runneth West to a Pumpe and then North to the Gate which entreth the Church-Yard sometimes pertaining to the Priory of Saint Bartholomews on the east side on the west side towards St. Bartholomews Spittle to a paire of posts there fixed And these be the bounds of this Aldersgate Ward without The antiquities be these first in Stain●ng lane of old time so called as may be supposed of Painter-stainers dwelling there On the East side thereof adjoyning to the Aaberdashers Hall be ten Almes-houses pertaining to the Haberdashers wherein be placed ten Almes people of that Company every of them having Eight pence the peece every Friday for ever by the gift of Thomas Huntlow Haberdasher one of the Sheriffs in the year 1539. Then is the small Parish Church of Saint Mary called Staining because it standeth at the North end of Staining lane Then is Engain lane or Maiden lane and at the North-West Corner thereof the Parish Church of St. John Zachary a fair Church with the Monuments well preserved of Thomas Lichfield who founded a Chancery there in the fourteenth of Edward the second On the East side of this Foster Lane at Engane Lane end is Goldsmiths Hall a proper House but not large and therefore to say that Bartholmew Read Goldsmith Mayor in the year 1502 kept such a feast in this Hall as some have fabuled is far incredible and altogether unpossible considering the smallnesse of the Hall number of the Guests which as they say were more than one hundred persons of great estate But of late years the said Goldsmiths Hall is much enlarged and in a stately and sumptuous manner in so much that it may compare with any other Hall in London Then at the North end of Noble-street is the Parish Church of St. Olave in Silver-street a small thing On the West side of Foster-Lane is the small Parish Church of St. Leonards for them of St. Martins le Grand A number of Tenements being lately builded in place of the great Collegiate Church of St. Martin that Parish is mightily encreased Then in Pope-lane so called of one Pope that was owner thereof On the North side is the Parish Church of Saint Anne in the Willowes so called I know not upon what occasion but some say of Willowes growing thereabouts but now there is no such void place for Willowes to grow more than the Church-yard wherein do grow some high Ash-trees to this day Then in St. Martins Lane was of old time a fair and large Colledge of a Dean and Secular Canons or Priests and was called Saint Martins le grand founded by Ingelricus and Edwardus his Brother in the year of Christ 1056 and confirmed by William the Conqueror as appeareth by his Charter dated 1068. This Colledge claimed great Priviledges of Sanctuary and otherwise as appeareth in a Book written by a Notary of that House about the year 1442 the nineteenth of Henry the sixth wherein amongst other things is set down and declared that on the first of September in the year aforesaid a Souldier prisoner in Newgate as he was led by an Officer towards the Guild-Hall of London there came out of Panyer Alley five of his fellowship and took him from the Officer brought him into Sanctuary at the West door of St. Martins Church and took Grithe of that place But the same day Philip Malpas Robert Marshall then Sheriffs of London with many other entred the said Church and forcibly took out with them the said five men thither fled led them fettered to the Counter and from thence chained by the Necks to Newgate of which violent taking the Dean and Chapter in large manner complained to the King and required him as their Patron to defend their Priviledges like as his Predecessors had done c. All which complaint and suite the Citizens by their Counsel Markham Serjeant at the Law Iohn Carpenter common Clerk of the City and others learnedly answered offering to prove that the said place of St. Martin had no such Immunity or Liberty as was pretended Notwithstanding after long debating of this Controversie by the Kings commandment assent of his Councel in the Starr-Chamber the Chancellour and Treasurer sent a Writ unto the Sheriffs of London charging them to bring the said five persons with the cause of their taking and withholding afore the King in his Chancery on the Vigil of Alhallowes on which day the said Sheriffs with the Recorder and Counsel of the City brought and delivered them accordingly afore the said Lords where the Chancellour after he had declared the Kings Commandement sent them to St. Martins there to abide freely as in a place having Franchises whiles them liked c. Without Aldersgate on the East side of Aldersgate-street is the Cookes Hall which Cooks or Pastlers were admitted to be a Company and to have a Master and Wardens in the two and twentieth of Edward the fourth From thence along unto Houndsditch or Barbican street be many fair Houses on the West side also be the like fair buildings till ye come to Long-Lane and so to Goswell street In Britaine street which took that name of the Duke of Britain Lodging there is one proper Parish Church of St. Buttolph In which Church was sometime a Brotherhood of St. Fabian and Sebastian founded in the year 1377 the fifty one of Edward the third and confirmed by Henry the fourth in the sixth of his Reign Then Henry the sixth in the twenty fourth of his Reign to the honour of the Trinity gave Licence to Dame Joane Astley sometime his Nurse to R. Cawood and T. Smith to found the same a Fraternity perpetually to have a Master and two Custos with Brethren and Sisters This Brotherhood was endowed with Lands more than thirty pounds by the year and was suppressed by Edward the sixth Of the One and Twentieth Ward or Aldermanry of the City of London called Faringdon Ward Intra ON the South side of Aldersgate Ward lyeth Faringdon Ward called

the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the for●eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Pat●ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and tr●ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That ●e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fi●es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In