Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	court_n	criminal_a	1,645	5	10.8192	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34709	Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.; Selections. 1672	Cotton, Robert, Sir, 1571-1631.; Howell, James, 1594?-1666.	1672 (1672)	Wing C6486; ESTC R2628	147,712	358

Desiderius Luitprandus and the Mother Church discontinued amongst the Lombards as soon as they grew Civilized in Italy yet it continued till of late with us as a mark of our longer barbarisme Neither would we in this obey the See of Rome to which we were in many respects observant children which for that in the Duell Condemnandus saepe abslovitur quia Deus tentatur decreed so often and streightly against it In England this single Combat was either granted the party by license extra-judiciall or legall process The first was ever from the King as a chief flower of his Imperiall Crown and it was for exercise of Arms especially Thus did Richard 1. give leave for Tournaments in five places in England inter Sarum Winton inter Stamford Wallingford c. ita quod pax terrae nostrae non infringetur nec potestas justiciara minorabitur For performance whereof as likewise to pay unto the King according to their qualities or degrees a sum of money proportionable and that of a good value and advantage to the Crown they take a solemn Oath The like I find in 20 E. 1. and 18 E. 3. granted Viris militaribus Comitatus Lincoln to hold a Just there every year Richard Redman and his three Companions in Arms had the licence of Rich. 2. Hastiludere cum Willielmo Halberton cum tribus sociis suis apud Civitat Carliol The like did H. 4. to John de Gray and of this sort I find in records examples plentifull Yet did Pope Alexand. the fourth following also the steps of his Predecessors Innocentius Eugenius prohibit throughout all Christendome Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant in quibus Milites convenire solent ad oftentationem virium suaram audaciae unde mortes hominum pericula animarum saepe conveniunt And therefore did Gregory the tenth send to Edward the first his Bull pro subtrahenda Regis praesentia à Torniamentis à partibus Franciae as from a spectacle altogether in a Christian Prince unlawfull For Gladiatorum sceleribus non minus cruore profunditur qui spectat quàm ille qui facit saith Lactantius And Quid inhumanius quid acerbius dici potest saith Saint Cyprian then when homo occiditurs in voluptatem hominis ut quis possit occidere peritia est usus est ars est Scelus non tantùm geritur sed docetur Disciplina est ut primere quis possit Gloria quòd periunt And therefore great Canstantine as a fruit of his conversion which Honorius his Christian successor did confirme established this edict Cruenta spectacula in otio civili domesticâ quiete non placent quapropter omninò Gladiatores esse prohibemus And the permission here amongst us no doubt is not the least encouragement from foolish confidence of Skill of so many private quarrells undertaken Combats permitted by Law are either in causes Criminal or Civil as in appeals of Treason and then out of the Court of the Cons●able and Marshal as that between Essex and Montford in the raign of Henry the first for forsaking the Kings Standard That between Audley and Chatterton for betraying the fort of Saint Salviours in Constant the eighth year of Richard the second And that of Bartram de Vsano and John Bulmer coram Constabulario Mariscallo Angliae de verbis proditoris Anno 9. H. 4. The form hereof appeareth in the Plea Rolls Anno 22. E. 1. in the case of Vessey And in the Book of the Marshals Office in the Chapter Modus faciendi Duellum coram Rege In Appeals of Murther or Robbery the Combat is granted out of the Court of the Kings Bench. The Presidents are often in the books of Law and the form may be gathered out of Bracton and the printed Reports of E. 3. and H. 4. All being an inhibition of the Norman Customes as appeareth in the 68th chapter of their Customary from whence we seem to have brought it And thus far of Combats in Cases Criminall In Cases Civill it is granted either for Title of Arms out of the Marshals Court as between Richard Scroop and Sir Robert Grosvenor Citsilt and others Or for Title of Lands by a Writ of Right in the Common-Pleas the experience whereof hath been of late as in the Case of Paramour and is often before found in our printed Reports where the manner of darraigning Battail is likewise as 1 H. 6. and 13 Eliz. in the L. Dyer expressed To this may be added though beyond the Cognisance of the Common Law that which hath in it the best pretext of Combat which is the saving of Christian ●loud by deciding in single fight that which would be otherwise the effect of publick War Such were the Offers of R. 1. E. 3. and R. 2. to try their right with the French King body to body and so was that between Charles of Arragon and Peter of Terracone for the Isle of Sitilie which by allowance of Pope Martin the 4th and the Colledge of Cardinalls was agreed to be fought at Burdeux in Aquitain Wherein under favour he digressed far from the steps of his Predecessors Eugenius Innocentius and Alexander and was no pattern to the next of his name who was so far from approving the Combat between the Dukes of Burgundy and Glocester as that he did inhibit it by his Bull declaring therein that it was Detestabile genus pugnoe omni divino humano jure damnatum fidelibus interdictum And he did wonder and grieve quod ira ambitio vel cupiditas honoris humani ipsos Duces immemores faceret Legis Domini salutis aeternae qua privatus esset quicunque in tali pugna decederat Nam saepe compertum est superatum fovere justitiam Et quomodo existimare quisquam potest rectum judicium ex Duello in quo immicus Veritatis Diabolus dominatur And thus far Combates which by the Law of the Land or leave of the Soveraign have any Warrant It rests to instance out of a few Records what the Kings of England out of Regal Prerogative have done either in restraint of Martial exercises or private quarrels or in determining them when they were undertaken And to shew out of the Registers of former times which what eye the Law and Justice of the State did look upon that Subject that durst assume otherwise the Sword or Sceptre into his own hand The restraint of Tournaments by Proclamation is so usuall that I need to repeat for form sake but one of many The first Edward renowned both for his Wisedome and Fortune Publice fecit proclamari firmiter inhiberi ne quis sub forisfactura terrarum omnium tenementorum torneare bordeare justas facere aventuras quaerere seu alias ad arma ire praesumat sine Licentia Regis speciali By Proclamation R. 2. forbad any

committed for the death of a man by the command of the King or the Justices or for the Forrest did declare that the Justices could not baile such an one and that Replevisable and baileable were Synonyma and all one And that Stanford a Judge of great authority doth expound it acordingly and that neither the Statute not He say replevisable by the Sheriff but generally without restraint and that if the Chief Justiee committed a man he is not to be enlarged by another Court as appeareth in the Register 1. To this it was answered First that the Recital and Body of the Statute relate only to the Sheriff as appeareth by the very words 2. That Replevisable is not restrained to the Sheriff for that the word imports no more that a man committed by the Juftice is baileable by the Court of the King●s Bench. 3. That Stamford meaneth all of the Sheriff or at the least he hath not sufficiently expressed that he intended the Justices 4. It was denyed that Replevisable and Baileable are the same For they differ in respect of the place where they are used Bail being in the King's Courts of Record Replevisable before the Sheriff And they are of several Natures Replevisable being a letting at large upon Sureties Bailing when one Traditur in ballium and the baile are his Jaylors and may imprison him and shall suffer body for body which is not true of replevying by Sureties And Bail differeth from Mainprize in this that Mainprize is an undertaking in a sum certain Bailing to answer the condemnation in civil Causes and in criminal body for body And the Reasons and Authorities used in the first conference were then renewed and no exception taken to any save that in 22. Henry 6. it doth not appear that the Command of the King was by his mouth which must be intended or by his Councel which is all one as is observed by Stamford for the words are that a man is not replevisable by the Sheriff who is committed by the Writ or Commandment of the King 21. Edward 1. Rot. 2. dorso was cited by the Kings Counsel But it was answered that it concerned the Sheriff of Leicestershire only and not the power of the Judges 33. Henry 6. the King's Attorney confessed was nothing to the purpose and yet that Book had been usually cited by those that maintain the contrary to the declaration of the Commons and therefore such sudden opinion as hath been given thereupon is not to be regarded the Foundation failing And where it was said that the French of 36. Edward Rot. Parl. n. 9. which canreceive no answer did not warrant but what was enforced thence but that these words Sans disturbance metter ou arrese faire l'encontre per special mandement on en autre manere must be understood that the Statutes should be put in execution without disturbance or stay and not that they should be put in execution without putting disturbance or making arrest to the contrary by special command or in other manner The Commons did utterly deny the interpretation given by the Kings Councel and to justifie their own did appeal to all men that understood French and upon the seven Statutes did conclude that their Declaration remained an undoubted truth not controuled by any thing said to the contrary The true Copies of the Records not printed which were used on either side in that part of the deba e. Inter. Record Domini Regis Caroli in Thesaurar recep 〈◊〉 sui sub Custodia Domini Thesaurar Camer ibidem remanen videlicet Plac. coram ipso Domino Rege Concilio suo ad Parliamentum su●m post Pasc apud London in Ma●erio Arch●●piscopi Ebor. Anno Regni Domini Regis Edwardi 21. in t al. sic continetur ut sequitur Rot. Secundo in Dorso STephanus Rabar Vic. Leic. Warr. coram ipso Domino Rege ejus Concilio arrenatus ad rationem positus de hoc quod cum Johan Boutet●urte Edw. Del Hache W. Havelin nuper in bal. ipsus Vic. per Dominum Regem fuissent assignat ad Goales Domini Regis deliberand idem Vic. quendam Wi●hel de Petling per quendam Appellatorem ante adventum eorum justic ibidem appellatorem Captum vivente ipso Appellatore usque diem de liberationis coram eis sact dimisit per plevinam contra formam Statuti c. Et etiam quendam Radum de Cokehal qui de morte horninis judicatus fuit per eundem Vic. Captus idem Vic. per plevinam dimisit contra formam Statuti etiam eundem Radum fine ferris coram eisdem Justic ad deliberationem praed produxit contra consuetudinem Regni Et sci quendam Wilh fllium Walteri la persone qui per praeceptum Com. War Captus fuit per plevinam contra praeceptum Domini Regis cum idem Dominus Rex per literas suas sub privat sigillo suo eidem Vic. praecepit quod nulli per praecept praed Com. War capt aliquam gratiam faceret c. Et super hoc praefat Johannes Botetourte qui praesens est qui fuit primus Justic praedictorum praemissa recordatur Et praedicuts Vic. dicit quoad praedictum Wilh de Petling quod ipse nunquam a tempore Captionis ipsius Wilh per praed Appellat dimissus fuit per plevinam aliquam ante adventum praedictorum Justic Imo dicit quod per dimidium Annum ante adventum eorundem Justic captus fuit semper detent in prisona absque plevina aliqua quousque coram eis damnat fuit Et quoad praedictum Radum bene cognoscit quod ipse dimisit eum per plevinam hoc bene facere potuit ratione authoritat Officii sui eo quod capt fuit pro quadam simplic transgr non pro aliqua felon pro qua replegiari non potuir Et quoad tertium videlicet Wilh silium persone bene cognoscit quod ipse Captus fuit per praecept praed Com. War quod dimisit eum per plevinam Sed dicit quod hoc fecit ad rogatum quorundam de hospitia cur Domini Regis c. qui eum inde specialiter rogaverunt per literas suas Et super hoc idem Vic. quaesit per Dominum Regem quis eum rogavit literas suas ei direxit ubi literae illae sunt dicit quod Walt. de Langton eum per literas suas inde rogavit Sed dicit quod literae illae sunt in partibus suis Leic. Et super hoc idem Vic. profert quoddam brev Domini Regis de privat Sigillo eidem Vic. direct quod testatur quod Dominus Rex ipsi Vic. praecepit quod omnes illos trangressores contra pacem de quibus Com. War ei scire faceret caperet salvo custodiret absque aliqua gratia ei faciend Et quia praed Iustic expresse recordatur quod ipse socii sui per bonum

and old Customes at London for 1000. Markes monethly to be paid unto the Wardrobe The like he did anno 17. Richard 2. anno 20. letteth out for term of life the Subsidie of Cloth in divers Countries And Edward 4. anno 1. the subsidie and usuage of Cloth Thus did Henry 8. with his Customes and since his time the late Queen and our now Soveraign Master and it was so then in use in the best governed State Rome which let out portions and decim's to the Publicans KIngs raise money and improve the Revenues of the Crown By Regalities 1. Temporal as for Liberties Penalties of Lawes Letters of Favour 2. Mixt. Liberties In granting restraining or renewing them It is a course usual that Kings have raised in money by calling in question the Charters and Liberties of Corporations Leets Free-Warrens and other Royalties Thus did Richard 1. proclaiming Quod omnes chartae et confirmationes quae prioris sigilli impressione roberaverint irritae forent nisi posteriori sigillo roborentur And Henry 3. anno 10. enjoyned all qui suis volebant Libertatibus gaudere ut innovarent chartas suas de novo Regis sigillo getting money thereby Edward 1. by divers Commissions with articles called Articuli de Ragman annexed to them called in question about anno 70. all the liberties and freedomes of England Gilbert de Thorneton his Attorney putting information by Quo warranto against all persons as well bodies Politick as others whereby they were inforced anew to renew their Charters and Fines for their Liberties The like was in anno 13. Edward 3. in whose time anno 9. all clauses of allowances by Charter of Amerciaments Fines c. imposed by the Kings Ministers upon any of the Tenants of other men were adjudged void and the penalties made payable to the Kings Officers unless they made a new purchase of their Liberties And this was one of the usualest and easiest meanes to raise money from the People because it lighteth onely upon the best abilities And if there were now but 20. l. taken of every Corporation of every person that holdeth by Charter his Liberties 5.l for renewing them and of every one that claimeth by prescription 10. l. for purchase of a Charter all which would be easie and acceptable it would amount to above 100000. l. For penal Lawes that have been sometimes but with ill success wrought upon When Richard 2. anno 22. began this course appointing in all his Commissions and instructions Bushey onely to be of the Quorum for compounding with the Delinquents it wrought in the affection of his People such distaste that it grew the death of the one and deposition of the other No less fatal was the like to Empson and there is no string will sooner j●rre in the Common-Wealth then this if it be generally touched For Letters of Fav●●● Either for mitigation of dispatch of Justice Of the first sort there be many found in Henry 6. and Edward 4. time sometimes of protection although by course of the Common Law none are warrantable but to such as are going in obsequium Regis or ibidem moraturi sometimes freeing men from Arrests by calling them up to appear before the Kings Councel Sometimes in causes highly criminal releiving the Prisoner in commanding the Judges to make stay of all proceeding upon supposal of indirect practises until the King was better informed Of the second sort there are many in Henry 7. time where the King hath taken money for writing to the Judges of Assize his Letters of Favour For Offices Thus did King John with the Chancellor-ship selling it for term of life to Gray for 5000. Markes divers offices now in the gift of the Master of the Rolls were engaged to the Chancellour and Treasurer of England as are to be found in Record of Henry 4. Henry 5. and Henry 6. to be passed by warrant of the Kings hand and upon some consideration And Henry 7. renewed this course using Dudley as his instrument to compound with Suitors of those and any other places And by that Record we find the Chancellor the Chief Justice the Keepers of most of the Records the Clerks of the Assizes and Peace the Masters of his Game and Parks and what else carrying either profit or reputation paid to the King some proportion of money for their places Neither is this different from the course of other States For in France Lewis 12. called the Father of his Country did so with all Offices not being of Judicature which his Successors did not forbear In Spain it is usual and Vasqui the Spanish Advocate defendeth the lawfulness of it And Charles the fifth prescribeth it to his Son as a rule in his last instruction drawing his ground of reason and conveniency from the example and practise of the See at Rome The like might be of all inferiour promotions that are or may be in the Kings gift whether Ecclesiastical or Temporal if they were after the true value in profit and reputation listed into rankes according to the several natures of their imployments respectively For Honours And that either by Power legal or Election Of the first it is only in respect of Land whereby every man is to fine when the King shall require that hath ability to be made a Knight and is not of this sort there be plenty of Examples The other out of choise and Grace as Hugo de Putiaco Bishop of Durham was by King Richard 1. created Earl of Northumberland for a great sum of money And I doubt not but many of these times would set their ambition at as high a price And for his Majesty now to make a degree of honour hereditary as Barronets next under Barons and grant them in tail taking of every one 1000. l. in fine it would raise with ease 100000. l. and by a judicious election be a meanes to content those worthy persons in the Common-Wealth that by the confused admission of many Knights of the Bath held themselves all this time disgraced For the Coine and Bullion By which although some Kings out of a last shift have seemed to relieve themselves yet was it in truth full of danger and distrust to the Common-wealth being an assured token of a bankrupt state and to the Prince in conclusion of most disadvantage For the Revenues of the Crown being commonly incertain Rents they must in true value howsoever in verbal sound be abated to the proportion that the Money shall be abased And every man will rate his Commodity in Sale not according to the accompt of pence or pounds but to the weight of pure Silver contained in the currant money As for example That which was before the dec●ying of the Coine worth five shillings the pouud weight will if the allay be to the half be held at ten shillings and so in every proportion respectively For money is not meerly to be esteemed in respect of the Sculpture or Figure