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
A88850	The bribe-takers of jury-men partiall, dishonest, and ignorant discovered and abolished; and, honest, judicious, able, and impartiall restored; and their equall election to try causes, and find inquests. / Written, proposed, and tendred to the same intent and purpose as all the former proposalls, to and for the saving to the honest people of this nation the thirty hundred thousand pounds yearly are. By William Leach of the Middle-Temple.	Leach, William.	1652 (1652)	Wing L772; Thomason E659_1; ESTC R202689	11,038	16

that then such Judge or Judges Justiciar or Justiciars Sheriff or Sheriffs Mayor or Mayors Steward or Stewards or such other chief or head Officer or Officers shall and may and be authorized to swear one or three of such qualified persons for Jury-men who stood or shall stand by or about and in the hearing when such evidence was or shall be given to such former Jury-men to try such Issue or make such Inquiry and deliver unto every of them two such white and black balls and send those one or three to the former twelve Jury-men and that those one or three be impowered and shall goe to or be sent back with the same twelve and shall conferre with those twelve about finding and giving their Verdict or Inquest to be given or found for or concerning such Issue or Inquiry and after staying with the said twelve by the space of an hour or lesse shall with them return to the said chief or head Officer or Officers and with them deliver their Balls as before is mentioned and that then such Judgement or Judgements or proceedings thereupon shall be as before is mentioned and expressed And that any one against whom any Judgement or proceedings shall be after or upon such Verdict or Inquest may bring his attaint within one year next after such Judgement or after proceedings for the same to be tryed or inquired of again by 24 other Jury men qualified as aforesaid in the same County City Burrough or Town as the same were upon the same evidence given against and for reversall of the same or for altering of the same in giving or finding greater or lesser damages concerning the same and that such 24 to be chosen out of 48 of such qualified persons if they shall find that the said Jury of the first inquest have made or shall make a false Oath or give or finde a false Verdict or Inquest in or concerning any such Action Cause or Suit shall and may reverse or alter the same or give or finde greater or lesser damages concerning the same or otherwise to confirme the said first Verdict or Inquest and that the party or patties making such Election and bring such Writ of attaint be bound up by it and shall have no other attaint concerning the same matter That none of any Jurymen hereafter shall be subject or liable to any pain or penalty upon or by any Attaint or Writ of Attaint other onely then such who shall be found to be the guilty persons by or for delivering in the greater part of such notes or pieces of paper if the matter shall be found against them but that those who shall deliver in the lesser part of such notes or pieces of paper as soon as they shall obtain a certificate recorded in parchment from him or them before whom such Verdict or Inquest be or shall be taken and shall deliver the same into the Court where such Writ of Attaint shall be returnable shall from thence be quit of the same and goe without day there And that in every County City and Town within this Nation using to have a Sheriff or Sheriffs for the same the Sheriff or Sheriffs thereof shall cause the names of the Free-holders and the men capable of being retorned to be Grand or other Jury-men of or for such his or their respective County City or Town to be written and a competent number thereof published in Print in his or their respective County City or Town and that he or they shall at a reasonable rate deliver one paper or book thereof to any who shall have a Cause there to be tryed And that the same may be done by Mayors Aldermen Burgesses Bayliffs and other head Officer or Officers of every City Burrough Town corporate Cinque port or other place where a Corporation or other Court is or shall be holden or kept and no Sheriff or Sheriffs for the same And that after issue joyned in any Action Cause or Suit in any Court the plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants in or to the same within two dayes next after he or his Attorney therein shall have notice thereof may giving notice thereof to the other party in the same Action Cause or Suit take exceptions in writing and deliver to such Sheriff or Sheriffs or such chief or head Officer or Officers against one third part of such Jury-men and that neither of the said parties his or their Attorny or Attornies or the said the Sheriff or Sheriffs or other such Officer or Officers shall let the other his her or their Attorny or Attornies willingly know of any of such to be Jurymen against whom he she or they doe or shall so except till such Sherif or Sherifs or other such Officer or Officers have returned or doe or shall return out of the residue of the said men so capable to be Jurors a fit and impartiall Jury according to his or their best endeavour or endeavours to try such Actions Cause or Suit And that such Sherif shall and may return 48 men for such Jury out of the remaining other third part onely if both such parties do or shall so except or only out of the one half of such of persons capable of being Jurymen if but one of such parties in such Action Cause or Suit do or shall so except unless both or one of them do or shall except against so many of the hundredors of the hundred Town Village or Parish where the Visne of the said Action Cause or Suit is or shall be laid that they shall not leave a sufficient number of such to be return'd Jurymen from thence that without some of them to be returned there must of necessity be a failer in their tryall of the issue joyned in such Action Cause or Suit And that then such Sherif or Sherifs or other such Officer or Officers may return some of those so excepted against to prevent such failing And that if both parties cannot agree that such Sherif or Sherifs or other Officer or Officers shall return or impannell 24 out of those 48 that then such Sherif or Sheriffs or other Officer or Officers shall and may name some or more whom neither of the said parties his her or their Attorny or Attornies doe or shall say that they or any of them doe or shall know to whom or one of them such Sherif or Sherifs or other Officer or Officers before he speak send any other to any such strange person or persons shall send such parties to such Action Cause or Suit if they will goe to such strange person or persons and that then immediately one of such person or persons shall set down in writing in the presents of such party or parties to such Action Cause or Suit his her or their Attorny or Attornies having notice thereof and doe attend such strange person or persons or of so many of them as doe or shall attend such strange person

Cause or Suit upon which they have been impannelled retorned and sworn have sometimes found contrary to their evidence against the other party or parties therein who hath been of another Quality Condition Science Profession Art Mystery or calling which or the professors thereof they have hated or envyed and at other time have given excessive or too much damages against such party or parties in such Action Cause or suite whom or such his Quality Condition Science Art Mystery or Calling they have so hated and envyed It is proposed to be desired that it may Be Enacted That hereafter no Sheriff shall return or impannell any man to be upon any Jury to try any Cause Action or Suit or to make any inquiry concerning the same being of the value of or by the same demanded 40 shillings or above unlesse such man shall be commonly reputed by his neighbours to have an estate in Lands or Tenements Goods or Chattalls over and above all charges issues and reprises and besides sufficient to pay or satisfie all his Debts to the value of 40l to be sold or above for every 40 shillings of such value or so to be demanded and according to the same value shall be taxed or assessed to or for the relief of the poor and other parish taxations in the parish where he shall be inhabiting or dwelling and be a free denizen of this Nation And that if any man suspected by any plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants to be otherwise shall be retorned or impannelled upon for or concerning any such cause so to be tryed or inquired of that then at the request and challenge of any of such plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants Oath by him her or them or any person of such credit or so commonly accounted made to the contrary of such repute the Judg or Judges Justiciar or Justiciars Sheriff or Sheriffs Mayor or Mayors Steward or Stewards or other Officer or Officers who shall try such Cause or take such Inquest or before whom such Cause shall be tryed or Inquest taken shall put every such person so Retorned or impannelled to be a Jury-man so suspected upon or to his Oath before such person shall be sworn to try such Cause or so to inquire whether or not he then have such an estate to or of such value over and above all charges issues and reprises sufficient to pay or satisfie all his debts besides and that if the same person to be a Juror shall not depose upon his Oath that he then have such an estate then such person shall not be sworn upon for or concerning such triall or Inquest but shall be rejected and another having such Estate or not excepted against in that behalf shall be sworn so to try or inquire in his place and stead And that such Judge or Judges Justiciar or Justiciars Justice or Justices Sheriff or Sheriffs Mayor or Mayors be impowered authorised and compelled to administer and take such Oath being ready drawn and tendred to them in writing without taking any thing for the same directly or indirectly And that every such man so to be retorned or impannelled or make Oath and depose false shall be subject and liable to all the paines and penalties enacted and provided in and by the Lawes and Statutes of this Nation against perjured persons And that if any the men Retorned or impannelled and sworn of or upon any Jury or Inquest in or concerning any Action Cause or Suit after they have heard or shall hear their Evidence concerning the same and their charge given to them or taken concerning the same and shall depart from the Bar where or from him or them before whom having authority in that behalf they received or shall receive the same and stay by the space of 4 hours then next after before they do or shall retorn thither or before him or them before whom they so received or took or shall receive or take the same Evidence that then every of such Jury or Inquest men shall have one little white ball and another black delivered unto him and that when the major or greater part of the men of such Jury or Inquest be or shall be agreed to give in their Verdict or Inquest found or to be found concerning the same then every of them who shall finde or give their Verdict or Inquest for such plaintif or plaintifs demandant or demandants in such Cause Action or Suit shall and may deliver and put a white ball wrapped in a note or peice of paper with his name therein written and such black ball without any thing about the same into a box or bagge privately to be kept for that purpose by him or them before whom such Verdict or Inquest be or shall be to be given or delivered up or to his or their Deputy or Deputies and that every of them who shall finde or give their Verdict or Inquest for such defendant or defendants tenant or tenants in the same Cause Action or Suit shall and may deliver and put such black ball so wrapped in a piece of paper with his name therein written and such white ball without any thing about the same into such box or bag so to be kept And that every of such of him or them before whom such Verdict or Inquest is or shall be to be given or delivered up be impowered and compelled to keep such note secret and not suffer or permit any to see or know the contents of the same neither shall any of such Jurors reveal to any other what note he shall so deliver till after an attaint brought against such Jurors or Inquest men or years past after such Verdict be or shall be delivered up but onely such Judge or Judges Justiciar or Justiciars Justice or Justices Sheriff or Sheriffs Mayor or Mayors before or to whom such Balls be or shall be delivered shall declare and pronounce for which party in such Action Cause or Suit most of such notes or pieces of paper were so delivered or put into such Box or Bag And then Judgement or Judgements or other proceedings shall be given and goe and be for him or them for whom most of such notes or papers shall be so delivered or put and stand be good and available in Law to all intents and purposes untill the same be or shall be stayed by matter to be moved in arrest of Judgement before the same shall be entred or after reversed by writ of Errour or Attaint And that if such Jurors be agreed the one half of them to finde for the one party or parties in such Action Cause or Suit and the other half of those Jurors for the other party or parties in or to such Action Cause or Suit when such Balls shall be delivered unto them all they shall declare and make known the same to the party or parties whoso do or shall deliver such Balls and

Goal delivery of or for such County or other place before mentioned And that such Justices or Justiciars may select the one half of such severall and respective names for such severall and respective purposes and deliver to the Supreme Authority of this Nation or to such other or others as they do or will appoint or authorise to receive the same and that they may choose out of the same names so many for such respective imployment as they doe or shall think convenient in that behalf And that if any Jury-man shall accept receive or take any money reward or thing of any or promise of for or concerning the same of any person or persons for giving or to give or saying or to say or making or to make inquiry in of or concerning any Cause or Suit upon or touching which he shall be sworn to give his Verdict or make inquiry shall forfeit and loose to such party or parties against whom such Verdict or Inquest or more or lesse damage benefit or advantage be or shall be given or found the value of that which he or they should have had if the contrary had been found That if any Action Cause or Suit be or shall be hereafter tryed or inquired of between a Trades-man or Trades-men and another or others of another or others quality or qualities condition or conditions profession or professions calling or callings that then the writ or writs precept or precepts warrant or warrants shall be made granted given and go out only to summon or warn men to be of or upon the Jury between such party or parties none of them to be of any such qualities professions conditions callings or occupations of any such parties in or to such Actions Cause or Suit or the one half of those Jurymen to be not above but under one half part of the quality condition profession or calling of any such plaintif or plaintifs demandant or demandants defendant or defendants tenant or tenants in or concerning the same And that upon the same writ or writs precept or precepts warrant or warrants by the Officer or Officers to whom the same be or shall be directed shall be returned such persons for Jury-men of such severall and respective qualities professions conditions and callings and none other And that for doing or acting by any contrary or against any thing before mentioned the party or parties grieved or damnified or to be grieved or damnified thereby shall and may recover have and receive the paines penalties and forfeitures before herein mentioned in manner and form as is mentioned for and concerning the recovery having obtaining and receiving of the paines penalties and forfeitures mentioned in the former herein recited Propositions and Proposalls Provided That any of the Jurymen before mentioned which be or shall be capable of trying or making inquiry of or concerning any Action Cause or Suite of the value of or by which be or shall be demanded 50 l. or under may and shall be returned and impannelled for trying or inquiring and may try and make inquiry of or concerning any Action Cause or Suit of the value of or by which be or shall be demanded 1000 l. or under and the like to be done with and by the half of such Jurymen with another half of double such Estate of for or concerning any such Action Cause or Suit under the value of 2000 l. or 3000 l. and with another of treble such Estate of for or concerning any Action Cause or Suit whatsoever notwithstanding any thing before mentioned THE END