Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	defendant_n	plaintiff_n	3,417	5	10.5128	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A21071	The lavves resolutions of womens rights: or, The lavves prouision for woemen A methodicall collection of such statutes and customes, with the cases, opinions, arguments and points of learning in the lavv, as doe properly concerne women. Together with a compendious table, whereby the chiefe matters in this booke contained, may be the more readily found.	Edgar, Thomas, lawyer.; Doddridge, John, Sir, 1555-1628.; I. L.	1632 (1632)	STC 7437; ESTC S100217	253,135	400

learning he insisteth vpon his Writt of Consultation adding that if he die which made the promise the other may sue in Court Christian against the Executor or Executors of Executors 22. ass pla 70. is thus vpon Contract had betwixt two men that if one of them will marry the others Daughter hee shall haue ten pound c. the ten pound after Marriage must be demanded in the Kings Court because the promise was not with his Daughter in Marriage but by Couenant that he should c. But if he had promised the money with his Daughter in Marriage it must haue béene demanded in Court Christian And if a man promise vpon his faith to pay ten pound the Ordinarie cannot compell him to pay it but he may enioyne corporall penance vnlesse the promiser will voluntarily redéeme it Thus teacheth Iustice Thorpe in declaration of the Statute of circumspecte agatis 45. Ed. 3. fo 24. The Demandant declares vpon a couenant betwixt him and the Defendant that if he married the Daughter of the defendant hee should haue an hundred pound c. It was moued that this demand of debt vpon a Couenant concerning Matrimony was not good but the matter concerned the Court Christian per articulos cleri Notwithstanding because the demand was vpon a déed and a written déed maketh a lay couenant the defendant was compelled to answer But 14. of Ed. 4. fo 6. in an action of debt the Plaintiffe declares that he had married the Defendants daughter vpon agréement of twenty pound to be paid c. and all the Iudges of the common pleas without tarrying the Defendants answer awarded que le plaint prist rieu person brief for the demand is say they of the same nature with the espousals viz. ius spirituale and determinable no where but in Court Christian and yet the Booke of assises was there remembred 15. Ed. 4. fo 32. the plaintiffe in a Writt of debt demanding fiue markes declares vpon a couenant quod not● for fiue pound where he had marryed c. and 33. pound fiue shillings foure pence was paid but the residue being 5. Marks the defendant denyed to pay yet I care not saith Catesoy though he be discharged for I know well enough that vpon such a matter the action lieth not at common Law quod fui● concessum per curiam And the cause alledged was that there was not quid for quo 17. Ed. 4. fo 5. The master of the Rowles asketh the Iustices of the Common pleas if a man promise money to another to marry his daughter or seruant which marrieth her accordingly whether an action of debt will lye at the common Law or no No saith Townsend for it is but a nude promise of no more effect then if I promise you 20. pound to build you a new Chamber and ex nudo pacto non oritur actio But if I promise you sixe shillings euery wéeke for the bording of I. S. here is quid for quo for law intendeth here that I haue aduantage and profit by the seruice of I. S. But further in your case the thing that is to bee done is spirituall which cannot bee sold neither can the party be compelled to doe it Rogers and Siliard were contrary to him in opinion That a promise vpon Marriage is no ●●dum pactum because the daughter cousin or friend is by intendment aduanced And if I promise a Schoole-master money to teach my childe he shall haue action of Debt Likewise if I promise a Surgeon money to heale a poore mans wound or a Labourer money to mend a high-way But in the end Choke Little●on agréed with the Master of the Rowles that in the case by him propounded none action lyeth at common Law because Matrimony whereupon the promise is founded is a thing spirituall and by no manner of meanes vendable 19. Ed. 4. fo 10. in an action of debt brought vpon such a bargaine Collow saith it is true a man must demand a woman contracted to him in the spirituall Court but money is a temporall thing And when a Parson of a Church is to recouer tythes he must sue in Court Christian but if he sell his tythes when they be seuered hee shall sue for the money in the Kings Court but then and afterward in the same or like case 20. of Ed. 4. fo 3. Bryan asketh him then to what end serueth the Statute that things touching Matrimony and Testaments must be tryed in Courts Christian cui des vous quam vous purres achate les Sacraments Sir saith Neale dismes are a thing spirituall but if a Parson of a Church lease his Tythes hee must sue for the rent in a temporall Court and Collow stands to it that per emptionem venditionem res spirituales efficiuntur temporales he neuer spake a truer word in his life Out of these opinions consorting together like harpe and harrow may be gathered this sure learning That hee which will wed shall doe well and according to the Statute of circumspecte agatis to take as much as he can of his wiues marriage money before hand with faire Indentures or good obligation for the residue And by the aboue-said Bookes as also by M. Plowden in that case he may haue action of debt for euery déed sealed and deliuered carrieth sufficient consideration to wit the will of him that made it Concerning the old scruple though money be a visible signe of inuisible grace Sacramentall and Spirituall specially if it be in Angels yet I trust it is not more spirituall then the woman her selfe with whom it is promised And as there is no question made but a man may sue in Court Christian for his lawfull wife vnlawfully taken and witholden vpon which suite if a prohibition be granted a consultation may be had for procéedings quatenus p●r restitutione vxoris duntaxat prosequitur c. So by Fitzherbert in his Writt of Consultation an Action may be brought at Common Law de vxore abducta cum bonis viri or an action of trespasse for taking onely of the Wife But for a cleare proofe that in these promissions of money vpon Marriage neither the money is any Ghost nor the promise any nudum pactum Sée the case 10. Eliz. Dyer 272. An Action of the Case was brought vpon promise of twenty pound made to the Plaintiffe in consideration that at speciall Instance and request of the Defendant he had married his Cousin this was a good cause of action in the Queenes Court although the Marriage were celebrated and perfected before the assumption because the Nuptialls did ensue the Defendants request And as Lands may bee giuen in Franke marriage after the Espousals and yet the Espousals be cause and consideration of the gift so may money be promised after Espousals and yet the Espousals be cause of the promise But Reader be not confident of the Law in that Case of Dyer for I haue séene a report of a Case betwéene Sandill Plaintiffe and

else this plea is to no purpose Therefore if two men be indited of felony as principals and afterward by another Inditement it is ●ound that one of them did the felonie and the other did feloniously receiue him after the felony committed hée that is secondarily indicted and arraigned as acces●ar●e shall not be discharged by pleading arraignment and acquitall vpon the first Inditement for the offence is not supposed the same and one but committed at diuers dayes 27. Ass p. 10. And this for accessaries after the felony But when felony i● done by force of commanding and procurement of another he that shall be arraigned as accessarie may plead that he was acquit c. though it were as principall and the offences were at diuers dayes for Vulnus pre●eptum factum sunt quasi vnum factum Yet Stanford noteth the antient Law to haue béene taken otherwise Sée 8. E. 2. is Potest quiuis acqui●tari pro morte alicui●s per patriam ho● non obstant● ex indictamento vel secta alicuius de ●●xilio abetto v●● procuramento potest suspendi pro morte eiusdem And note that hee that was indicted and arraigned of the death of Iohn at Stile may plead that hée was heretofore indicted and acquite of the death of Iohn at Noke auerring that Iohn at Sti●e and Iohn at Noke were one person E● seira disc●arge Fitzherbert Co●one 189. So likewise if a man were slaine two yeares since and one which was indicted and acquit of his death is againe indicted of the same mans death supposing that ●e killed him this present yeare he shall plead the first acquitall and bee discharged notwithstanding the variance for a man can be slaine but once and the Court in this 〈◊〉 shall charge the Inquest with the time of his death which is supposed slaine and whether it were the same parson supposed to be slaine by the 〈◊〉 Indictment So likewise if a man be indicted and acquit in one Countie and afterward indicted of the same death in another Countie the acquitall at first shall discharge c. But in robberis it séemeth otherwise for one and the same man may be robbed by one other man s●ndrie tunes and therefore acquittance of a robberie done at one day is no discharge of a robberie done at another day Now if a man be indicted of robberie in one Countie he shall not plead th●●●e was indicted and acquit of the same robberis in another Countie 4. H. 7. fol. 5. But it is said there that in appeale of robberie it is a good plea because the Plaintiffe is to recouer his goods againe by the Common Law not so in Indictments in the booke at large the Defendants plea is that hee was indicted of taking the same goods c. which 〈◊〉 said ●ust be take 〈◊〉 〈◊〉 i●lly for the King that the same goods ●ere shall ●● twice 〈◊〉 〈◊〉 said the Count●●s 〈◊〉 not ioyns in triall of the a●●rment de● me●●ne ●● felonie when one Countie had acquitted him Fro●ioke said That by the same ●e●son 〈◊〉 by he might be found culpable in one Countie of felonie done in another by the same reason acquitall in one should discharge him in another Se● Corone in Fitzherbert 220 41. ass p. 9. A man indicted in the Kings Bench of rape and robberie pleaded acquitall at the Countie of Cornwall at the Assises and it was adi●dged good Stanford bids vs enquire where the Kings Bench was at the taking of the Indictment and whether any other Indictment in Cornwall of that matter were remoued into the Kings Bench because the Booke saith one indited in banke le Roy c. Yée must know that if there were not sufficient matter of felony in the Indictment or Appeale vpon which the acquitall was had auter●orts acquite is no plea to stay a man indicted of new from new arraignment for it fals out vpon the matter that the parties life was neuer in ie●pardie And so is it if a man be acquite in an erroneous Appeale which acquitall is reuersed by errour hee may bée arraigned at the Kings suit vpon Indictment for by the reuersall he is become as ne●er acquited But before re●ersall outer●oi●s acqui●e is good plea and if the errour were onely in the pro●es●e it is not materiall for appearance sal●es those defects And it sée●●eth also that hée which was once acquited in appeale shall not answer any more to the Appellant though the acquitall be reuersed by ●●●●ur howsoeuer for so the Court might be deliuered 〈◊〉 〈◊〉 and the Defendants neuer be deliuered But if one bring an Appeale which hath no cause or title to it as perhaps one which is neither wife nor heire c. and the Defendant takes none aduantage of it but pleads 〈◊〉 and is acquited this will no● serue to 〈◊〉 the right heire or wife in their appeale or the King vpon arraigning him vpon Indictment or vpon the new Appeale if the wife or heire be at non suit therein And if one be arraigned vpon Indictment at the Kings suit and acquited whereas by order of Common Law the King should haue stayed till the Appeale hanging had béene determined Yet this is no errour for th● plea of auterfoits acqui●e shall serue the Defendant in Appeale well enough And Auterfoits acqui●e in Appeale is no plea against the King in an Iindictment of the same felony if the acqui●all were by battaile and not by Inquest 12. E. 2. Corone in Fitzherbert ●75 For battaile lieth not against the King a●d therefore that triall against another shall not binde Quaere saith Stam●ord for Bracton is contra Si à pluribus appellatus sit de vno facto vna pl●ga versus vnum se defend●rit recedet quietus versus omnes alios appellan●es etiam de secta regis quia per hoc purgat innocentiam suam c. Before the Statute 3. H. 7. cap. 1. Whereby Auterfoits acqui●e is become no plea in appeale of death if a man were indicted of another mans death the Iustices would not arraigne him as appeares by recitall of the Statute till the yeare and day were past And in Corone Fitzhe●●ert 44. Yée may ●ee that in 22. E. 4. the Iustices of England aduised all men of Law to obserue this order and course thorowout the Realme yet before this time it appeares 7. H. 4. fol. ●0 21. H. 6. fol. 32. That where th●re was no appeale hanging if suggestion had beene made to the Iustices that the ●uidence was manifest and apparant against the party indicted they would arraigne and try him vpon the Indictment al●hough it were within the yeare Likewise if the Appellant were vnder age the Iustices did vse to arraigne and try him that was indicted maintenan● For otherwise the partie indicted might cause by Couin that the Appeale should be brought by an Infant vnder age as perhaps thrée yeares old and so perish the Kings s●●t for euer But all this seemeth now

Ienny Defendant entred in Banco Regis Hillar 2. Iacobi Rot 571 where the Plaintiffe declared that the Defendant in consideration that the Plaintiffe had formerly married his Daughter at his speciall request the Defendant promised the Plaintiffe to pay him euery yéere during the life of the Defendant ten pound c. and as my report saith the Plaintiffe vpon non assumpsit pleaded had verdict and iudgement in the Kings Bench but vpon a writ of error in Exchequer Chamber the Iudgement was reuersed for that the Marriage was executed before the promise made and yet the declaration supposed that the Defendant requested the Plaintiffe to Marriage c. But let me not run so farre from my Tert as neuer to finde the way backe againe A man may sue for Marriage money in his owne name onely and so is it generally where that which is in demand or to be recouered commeth méerely and onely to the Baron Example 43. Ed. 3. fo 8. The Earle of Arundell brought a Writt of Trespasse against one for chasing in a free Chace that he held in right of his Wife and the Writt awarded good though the Wife were not named in it because nothing was to be recouered by damages Likewise is it if the Baron bring a Writt of Trespasse for strayes taken in Lands holden in right of his Wife And eod anno fo 26. for breaking of a house and carrying away of timber the Husband alone shall haue the action because hee may when hee list pull downe a house or sell timber standing vpon his Wiues Inheritance or make a release to any body vpon such manner of trespasse and the Wiues action is gone for euer There is also the same yeare fo 16. another Case wherein because a decies tantum was brought by Baron and Feme the Writt abated for though the first action concerned the Wiues Interest yet nothing is to be recoueredin a decies tantum but damages c. Sée the Booke of 20. H. 6. fo 1. a Writt of maintenance wherein nothing is recouerable but damages was brought by Baron and Feme vpon maintenance in a bill of fresh force against them by the better opinion they might ioyne c. And the Defendant passeth Ouster but not by award 41. Ed. 3. f. 9. a Writ of Champertie brought by the Baron onely vpon an assise which had passed against him and his wife was allowed good notwithstanding exceptions taken of the wiues Interest c. vpon the reasons before expressed And by Finch if a man haue a Ward in right of his Wife Dower shall be demanded against him onely because the gard is a Chattell vested But if a Writt of Wardship be to be brought it shall be against the Baron and feme c. because of voucher And in trespasse if the Plaintiffe recouer against Baron and Feme by false verdict they both must wyne in the attaint for that must be according to the record 46. Ed. 3. fo 20. a man brought a Writt of rauishment de gard declaring vpon a possession iure vxoris and the Writ held good yet in this case there is more then damages to be recouered for the Plaintiffe shall haue the Infant restored by the very words of his Writt But there againe it was agréed that an action to recouer a Ward must be against them both because of voucher though in a writt of Dower it be vt supra because therein there is no voucher c. If Baron and Feme sell the Wiues Inheritance by fine for twenty pound an action of debt for the money shall bee brought by the Baron onely for the grant was onely the Barons grant and if he die the Executors shall haue the action and not the Feme 48. Ed. 3. fo 18. And a reple●●n must bee brought by the Baron onely because a Feme Couert cannot haue a propertie in any goods or Chattels But for such goods as the Wife hath as Executrix it séemeth the Baron and Feme may ioyne in ar pleuen so shall they for goods of the Wife taken dum sola fuit Fitz. in the title reception In trespasse at Common Law or vpon the Statute Anno 5. Rich. 2. the Baron alone shall haue action of trespasse and so likewise for taking away Charters concerning the Wiues inheritance So is it if he alone deliuer such Charters he alone may haue action against the Bayliffe c. But a Writt of Detinue of Charters of the Wiues inheritance must be sued by both c. because the Charters themselues are to be recouered And therefore vpon recouery of them the Baron and Feme must ioyne for recouery A quare impedit was brought 50. of Ed. 3. fo 13. and the Baron declared of an agréement betwixt thrée Sisters to present by turne to a Church whereof they had the Aduousan and this was the turne of his Wife c. The Defendant demands Iudgement of the Writt because the Wife being still aliue was not named but this Writt also was awarded good because nothing was to be recouered here but onely the Presentment and not the Aduousan And if a Writt should be awarded to the Bishop against the Baron the Wife thereby should not be out of possession because she is not partie to the Iudgement besides that she is ayded by West 2. cap. 3. And for a generall rule where the Husbands release is good the action may be brought in his name onely as vpon cutting of trées grasse Corne c. And such actions may be brought in the name both of the Husband and the Wife An assise of ●arraigne presentment is a mixt action and the Aduousan it selfe shall be recouered in it therefore of necessity it must be brought both by Baron and Feme 15. Ed. 4. fo 9. The Baron Seignior in right of his wife ioyned in a writt of rescous and it was argued that he alone ought to haue brought the writt But it was awarded well brought by them both Though per Littleton it were good enough in nosme le Baron tantum And per Pigot when an obligation is made to Baron and Feme the Baron alone may haue the action or they may ioyne ●adem lex in trespasse c. maintenance c. for alwayes where the action may suruiue to the wife the wife may ioyne in the writt They which shall read these two last Cases argued 50. Ed. 3. and 15. Ed. 4 in the yeares at large shall not néed to repent it SECT XLII When a Wife may sue or be sued alone IT is seldome almost neuer that a marryed woman can haue any action to vse her writt onely in her owne name her husband is her sterne her primus motor without whom the cannot doe much at home and lesse abroad But if her Huusband commit felonie take the Church and abiure the Realme she is now in case as a Widdow inabled to make alienation of her owne land as a Feme sole or to bring a cui in vita for

habet in the other Writ for hee ●aith where a woman that hath recouered part of her dower of one Tenant already demands the re●nant against the same Tenant in the same Towne because the words vnde nihil habet will not se●ue this Writ de recto de do●● is vsed of necessity and is directed to the heires Gardian if he be in ward or to the heire himselfe or to a deforcour And some say that a woman losing her dower by default in a praecipe quod reddat she shall recouer by this Writ de recto de dote by the opinion of some But it séemes shée may haue a quod ei deforceat by equity the Statute W. 2. cap. 4. Whereas before shee had no ●●●edy but by this Writ or by action of deceipt if shée were not summoned Fitzherbert holdeth also if a woman lose her dower by assise or other action tryed she● may haue an attainte but not this Writ de recto for the land was assigned her once to hold in dower and by that title she had possession so that that title est execute and so she ought to sue an action of her owne possession if shee bee deforced and not demand dower againe quaere The forme is Praecipimus tibi vt plenum rectum ●●neas B. quae fuit vxor C. de tertia parte decem acr●rum cum pertinentiis in D. quam cla●at tenere de te in dote ꝑ liberum seruitium tertiae partis vnius denarii per annum c. And this Writ may bee of the moity of land according to the custome c. or of the profit● of an office Fitzherbert sets downe one for example Rex Andreae salutem we command you that you yéeld vnto B. which was wife of ● her full right and third part of the profits issuing of the Custody of Westm Abbay goale with a third part of thrée Acres a●rable of one rood of meadow of bread meat and bottles of ale weekly c. which shee claimeth as belonging to the francktenement which shee holds of you in dower c. by frée seruice and bearing a third part of cost and charge towards the kéeping the goale and gate of the Abbey aforesaid c. whereof you your selfe deforce her hereby appeareth plaine that a woman deforced from any thing appendant or appertenant to dower assigned her may haue remedy by Writ de recto de dote The old na bre notes that of a Bailiwicke or any such office in fée which a woman may execute her selfe or make substistute or deputy of it she shall haue dower but not of Stewardship or Marshalship of England And of a common of beasts without number a woman is not dowable 9. H. 7. 4. Park Sect. 341. And of an vse before the Statute of 27. Hen. 8. of vses shee was not dowable as it is said in Vernons ca. Sir Edward Cokes 4. Rep. fol. 1. And of an annuity shall bee no dower but of prediall tithes dower shal be as appeares by the Countesse of Oxfords Case cited in Harpurs Case in Sir Edw. Cokes 11. Rep. fo 256. The paroll or plea is sometimes remoued in this Action As if the Writ be to the husbands heire which heire being himselfe Tenant of the Land will not do● right the Demandant may haue out a pone to remoue the matter straightway from the heires Court into the Common place but a tolt to remoue it first into the County for the originall is nisi fece●●s vicecomes faciet and from thence it may bée remoued by the Plaintiffe to the Common place by a pone without any cause mentioned in the Writ But the Tenant in a droit patent cannot remoue the Plea out of the County without shewing case in the pone yet as well in a Writ de recto de dote as in a Writ of droit patent the tenant may remoue the plea shewing cause and that immediatly out of the Lords Court into the Common place by recordare and so cut of the heires Court quaere If a man se●l all his land and dye so that the ●eire hath nothing by discent now this Writ must be directed to the feo●ee of whom the widdow when shee is indowed mus● hold as of her Lord by ●ealty But if before the Statute of quia Emptores terrarum ● if the husband ●●● infeofed a stranger of part of his Lands to hold of the husband c. a Writ of right of Dower must haue béene ●o the heire in whose Court the matter was to bée pur●ue● by reason of the remaining Seignory So ●● it if at thi● day the Baron giu● part of his Manor to hold in tayle But if a man giue away all his ●and to bee holden of him in tayle and dye now the Writ de recto de dot● must bee against the donée directed to the Sheriffe retournable in the Common place for the heire hauing only a S●gniory in grosse can kéepe no Court. An● in the Writ shall bee inserted quia B. capitalis dominus feodi remisit nobis curiam suam If the Baron hauing leased all his land● for terme of life d●● c. And though there be not in Chancerie or any where els● any matter wherby to proue the Lords remission of the Court yet if the Lord haue not any demes●●● whereupon to hold a Court he can haue none action against the Demandant for the ●alse supp●sall or ●urmise nor let nor hinder the procéedings in Common place But if he had a Court to hold pl●a in and did not remit his Court to the King he may ha●● prohibition to the Iustices commanding the● not to pro●éed any further But saith Nat. Breu. quaere of that matter And s●e Plowd fol. 74. ● where the Lord hath a Court and he will remit his Court his Certificate must bée to the King in his Chanceri● and thereupon a Writ of right shall be returnable in the Court of Common P●ea● In the Common Place when the plea is remoued thither your processe is Grand c●pe and Petit cape In the Lords or heires Court is vsed fir●● a precept in nature of s●mm●●● and of a Grand cape and Petit cape And note that in this writ if ●●● 〈◊〉 appeare they neuer procéed to grand 〈◊〉 or tr●●ll by battaile from which the 〈◊〉 is ex●●p●ed and so ●●●●●quently here is neuer per Br●cton any E●soine de mal● lecti But the tenant may ●●●●h his 〈◊〉 if ●● haue any And after the woman hath ma●● h●● 〈◊〉 or dem●●● pursuing h●r writ the tenant may in 〈…〉 say that ●●ee rendred she land to hi● of h●r owne accord Or if she said he disseised her of her Dower he may plea●●●● Relege saith Bracton Et po●●ri●●●ritas per patriam d●clarari SECT XIX What thing● shall be assigned in Do●●● c. WHen Iudgement is giuen in curia regis against the tenant either vpon his default at the Grand cape returned or vpon confession or issue tried the chiefe