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	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40929	Christian tolleration, or, Simply and singly to meet upon the account of religion, really to worship and serve the Lord, without any unlawful act to be done or intended, is not an offence against law and also concerning seditious sectaries, disloyal persons, and seditious conventicles punishable by the late act : and likewise concerning banishments ...	R. F. (Richard Farnworth), d. 1666.	1664 (1664)	Wing F477; ESTC R1637	17,385	34

Lawfull Judgment of his Peers or by the Law of the Land we shall sell to no man we shall deny or deferre to no man either Justice or Right 9. Hen. 3.29 Co●k upo● Mag. cha● fol ●● c. And Cook upon Magna Charta saith That upon this Chapter as out of a Root many fruitful Branches of the Law of England have sprung It containeth nine several branches First that no man be taken and Imprisoned but by the Law of the Land that is to say Common Law Statute Law or Customs of England 2. No man shall be disseized viz. put out of his Freehold that is Land Livelihood or Liberties such as belong to him by his Free Birth-right unlesse it be by the lawful Judgement and Verdict of his Equals by due course and Processe of Law 3. No man shall be Outlawed or put off the Law that is deprived of the benefit of the Law unless he be Outlawed by the Law of the Land 4. No man shall be Exiled or Banished but by the Verdict of his Equals or according to the Law of the Land 5. No man shall be destroyed c. unless by Verdict and according to the Law of the Land 6. No man shall be condemned but by the Judgement of his Equals or according to the Law of the land 7. We shall sell to no man Justice or Right 8. We shall deny no man Justice or Right 9. And ninthly we shall defer no man Justice or Right And as it is Enacted That no man of what Estate and condition soever he be 28 Edw. 3. cap 3. shall be taken or Imprisoned c. without being brought in to answer by due Processe of Law So likewise no man that is imprisoned is to be put to answer without Presentment or matter of Record or by due Processe made by Writ Original according to the old Law of the land And moreover it is Enacted That if any thing be done to the contrary it shall be void in Law and holden for error as by the Statute appeareth See Stat. 28. Edw. 3. c. 3. and Stat. 42. Ed. 3. c. 3. Are not they who are first Condemned and Fined before they be imprisoned and after they be condemned and fined without the Vedict of their Equals are committed to prison without Baile or Main prize are they not committed to Prison without being brought in to answer or Trial And if they be committed to Prison without being brought in to answer by due Processe of Law are they not committed contrary to the form of the Charter and Statutes aforesaid And is it not void in Law seeing that no man is to be taken and imprisoned without being brought in to answer by due Processe of Law And that no man that is taken and imprisoned is to be brought in to answer without Presentment or Indictment or matter of Record before Justices or by due Processe or by Writ Original according to the old Law of the Land and that if any thing be done to the contrary it shall be void in Law and holden for error as aforesaid 28. Ed. 3.3 and 42. Ed. 3.3 No man shall be condemned without Presentment or Indictment of good and lawful people of the same neighbourhood where the fact is committed c. For the Law of the land provides and takes care that no person or persons shall be condemned upon suggestion without lawful Presentment or Indictment of his good und lawful people of the same neighbour-hood where such deeds be done in due manner or by Processe made by Writ Original at the Common Law nor none shall be put out of his Franchise nor out of his Freehold unless he be duly brought in to answer and forejudged of the same according to the course of the Law and if any thing be done against the same it shall be redressed and holden for none See Stat. 25. Ed. 3. cap. 4. Stat. 5. Edw. 3.9 Stat. 28. Edw. 3.3 Stat. 42. Edw. 3.3 They which make false suggestions shall be punished by imprisonment until they satisfie the party wronged c. Item Though it be contained in the great Charter That no man be taken nor imprisoned nor put out of his Freehold without Processe of the Law nevertheless divers people make false suggestion to the King as well for malice as otherwise whereof the King is often grieved and divers of the Realm put in damage against the form of the same Charter Wherefore it is ordained That all they which make such suggestions shall be sent with the same suggestions before the Chancellor or Treasurer and his grand Councel and that they there find Surety to pursue their suggestions and incur the same pain that the other should have had if he were attainted in case that his suggestion be found evil and that then process of the Law be made against them without being taken and imprisoned against the form of the said Charter and other Statutes Stat. 37 Edw. 3.18 St. 9. Hen. 3.29 and 25 Edw. 3.4 St. 42. Ed. 3.3 Item As to the Article made of the last Parliament of those that make grievous complaints to the King himself it is assented That if he that maketh the complaint cannot prove His intent against the defendant by the processe limitted in the same Article he shall be commited to Prison there to abide till he hath made agreement to the party of his damages and of the slander that he hath suffered by such occasion and after shall make Fine and Ransom to the King and the point contained in the same Article That the Plaintiff shall incur the same pain which the other should have if he were attainted shall be out in case that his suggestion be found untrue See the Stat. 38. Edw. 3. c. 9. 38 Ed. 3. cap 9. All men are to have even Law and Execution of right both rich and poor without respect of Persons The Law of the land provides and takes care that all men shall have even Law and Execution of Right both rich and poor for by a Statute made in the raign of King Edward the third the King hath declared That he by his Oath is bound to maintain the Law of the Land And perceiving that the Law of the Land was not well kept and the execution of the same disturbed many times by maintenance and procurement as well in the Court as in the Country The King being as he said greatly moved of Conscience in this matter and for this cause desiring as much for the pleasure of God and ease and quietness of his subjects and for to save and keep his said Oath By the consent of his Councel and other wise men did ordain that all his Justices should from thenceforth do even Law and Execution of Right to all his subjects rich and poor The Justices of both Benches Assize c. shall do right to all men and take no Fee but of the King First We have commanded all our Justices That they shall from henceforth

do equal Law 20 Edw 3 cap. 1. and execution of right to all our subjects rich and poor without having regard to any person and without omitting to do right for any Letters or Commandment which may come to them from us or from any other or by any other cause 20. Edw. 3. cap. 1. And if that any Letters Writs or Commandments come to the Justices or to others deputed to do Law and Right according to the usage of the Realm in disturbance of the Law 20 Edw 3 or of the Execution of the same or of right to the Parties The Justices and other aforesaid shall proceed and hold their Courts and Processes where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And they shall certifie Us and our counsel of such Commandments which be contrary to the Law as is aforesaid And to the intent that our Justices should do even Right to all people in the manner aforesaid without more favour shewing to one then to another We have ordained and caused our said Justices to be sworn That they shall not from henceforth as long as they shall be in the Office of Justice take Fee nor Robe of any man but of our self And that they shall take no gift nor Reward by themselves nor by other privily nor apertly of any man that hath to do before them by any way except meat and drink and that of a small value c. And for this cause we increased the Fees of the same our Justices in such manner as it ought reasonably to suffice them Stat. 2o Ed. 3.1 St. 2 Ed. 3.8 St. 11. Rich. 2.10 Regist f. 186. See the Oath of the Justices being made Anno the 18. Edw. 3. wherein it is contained That they shall well and lawfully serve the King and his people in the Office of Justice and that they shall do equal Law and execution of Right to all his subjects rich and poor without having regard to any person and that they deny to do no man common right by the Kings Letters nor none other means nor for none other cause and in case any Letters come to them contrary to the Law that they do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And in case they be from thenceforth found in default in any of the points aforesaid They shall be at the Kings Will of body Lands and Goods thereof to be done as shall please him See the Oath of the Justices at large being made Anno the 18. Edw. 3. and Anno Dom. 1344. No Commandment under the Kings Seal shall disturb or delay Justice Item it is Recorded and established That it shall not be commanded by the Great Seal nor the little Seal 2 Edw. 3. cap. 8. to disturb or delay common right and though such Commandments do come the Justices shall not therefore leave to do Right in any point Stat. 2. Ed. 3. St. 9. Hen. 3.29 St. 5. Ed. 3.9 and 14. Ed. 3.14 None shall be attached or forejudged contrary to the great Charter and the Law of the land Item 9 Hen 3.29 2 Ed. 3.8 14 Ed. 3.14 28 Ed. 3.3 It is enacted That no man from henceforth shall be attached by any accusation nor forejudged of Life or Limb nor his Lands Tenements Goods not Chattels seized into the Kings hands against the form of the Charter and the Law of the Land Stat. 5. Ed. 3. cap. 9. None shall be put to answer an Accusation made to the King without Presentment or some matter of Record c. Item At the Request of the Commons by their Petitions put forth in this Parliament to Eschew the mischiefs and damage done to divers of his Commons by false Accusers which oftentimes have made their Accusations more for revenge and singular benefit than for the profit of the King or of his people which accused persons some have been taken and sometimes caused to come before the Kings Counsel by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the good Governance of the Commons That no man be put to answer without Presentment before Justices or matter of Record or by due processe made by Writ Original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for error Stat. 42. Ed. 3. ca. 3. St. 25. Ed. 3.4 and 37. Ed. 3.18 None shall be condemned without lawful Presentment c. Item Whereas it is contained in the great Charter of the Franchises of England That none shall be imprisoned nor put out of his Freehold nor of his Franchises nor free Customs unless it be by the Law of the Land It is Accorded Assented and Established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Counsel unless it be by Indictment or Presentment of his good and lawful People of the same neighbourhood where such deeds be done in due manner or by Processe made by Writ Original at the Common Law Nor that none be put out of his Franchise nor of his Freeholds unless he be duly brought in to answer and forejudged of the same by the course of the Law And if any thing be done against the same it shall be redressed and holden for none Sat. 25. Edward 3 4. Stat 5. Edw 3.9 Stat. 28. Ed. 3.3 and Stat. 42. Edw. 3.3 If the Law of England cannot be lawfully executed without a Jury Jur. p. 2 3. who are said to be the true and Ordinary Judges of the land whose verdict is the effectuall Judgment as it s said whereby all men are Judged by their Peers as well for their lives as lands c. if so how careful ought Jurors to be that they neither ignorantly nor wilfully destroy men in their lives liberties or estates who are so entrusted therewith upon tryalls and so greatly Concerned in the same And if men be Condemned or in many sort destroyed without the verdict or Judgment of a Jury is the Law of England lawfully Executed upon them And Concerning Banishment Cook upon the 29. Chapter of Magna Charta saith that by the Law of the land no man can be exiled or Banished out of his native Countrie but either by Authority of Parliament or incase of abjuration for fellony by the common Law Co. 2. part Institutes fol. 47. Then is it not evident and remains true that no man ought to be Banished by the Law of England out of his native Country for the Service and worship of God in the way and manner appointed by the word and Spirit of God because it is not fellony to serve and worship the Lord Neither is it Enacted Ordained and declared by Authority of Parliament That such and such persons or any man shall be Banished out of his native Country for the Service and worship of God If Judges take upon them to condemne and passe the Sentence of Transportation or Banishment upon others for errour as they Apprehend about the manner of the worship of God whilst the Judges themselves acording to their owne confession in evidence against themselves do daily erre and go astray from the way of God and dayly offend against the lawes of God do not they in so doing condemn others for the same or the like offence as the Judges know themselves gulty of And saith Andrew Horne in the Mirror of Justice Criminall persons are forbidden by the law to be Judges for saith the same Author God when he was upon Earth entred into the Consistory where a Sinner was to be Judged to death when God wrote upon the ground and said to the sutors who came to Judge her who of you is without Sin and there gave a Judgment as an example to Judges who take upon them every day to Judge the people whereby he taught them that none should take upon them so high and noble a calling as to sit in the seate of God to Judge offendors when they themselves are guilty and Condemnable See the mirror of Justices pag. 59. 60. The END

3. And if they execute any such thing indeed then it is a Riot Dalt 278. And saith he Mr. Finch describeth them shortly thus fi libro 2. An unlawful Assembly is when Persons shall Assemble to do any unlawful Act. So that the unlawfulness of the act about which they assemble to do is that it seems which makes their meeting together to be an unlawful Assembly and to be an Offence against Law A Rout is when they set forward to do it And a Riot is when they do it indeed Dalt 278. Now in Riots Routs and unlawful Assemblies these four circumstances are to be considered First The number of the persons Assembled 2. The intent and purpose of the meeting 3. The lawfulness or unlawfulness of the Act. 4. The manner and circumstance of doing it First The number For the number there must necessarily be three persons at the least so gathered together to the intent to do some unlawful act with force or violence against the Peace or Person of another his Possession or Goods or to the manifest terror of the People as aforesaid For else it can be no Riot 1 M. 12. 1 Eliz. 17. Rout or unlawful Assembly saith Dalton within the meaning of these Statutes Dalt 278. For saith he an Assemby of an hundred Persons or more yea though they be in Armor yet if it be not in terror or affright of the People and were assembled without any intent to break the Peace It is not prohibited by these Statutes nor unlawful Dalt I. P. 279. 2. For the intent The intent It seemeth it can be no Riot Rout or unlawful Assembly Except there be an intent precedent to do some unlawful Act and with violence or force See Dalt J. P. fol. 279. Cromp. 6. P. R. 25. 3. As for the lawfulness of the act Every man may Assemble company to aid him in his House Lawfulness of the Act. against injury or violence And every man in peaceable manner may assemble a meet company and may come to do any lawful thing Dalt J. P. 280. 4. As there must necessarily be three Persons at the least assembled together to make a Riot Rout The manner and circumstances or unlawful assembly so their being together and their demeanour must be such as shall or may breed some apparent disturbance of the Peace either by threatning speeches turbulent gesture shew of Armour or actual force or violence to the terror and fearing of the peaceabler sort of people or to the emboldenimg and stirring up of such as are busie headed and of evil disposition by such fact or else it can be no unlawful assembly c. See Dalt J. P. fol. 281. And doth or may it not clearly appear the premises and circumstances being truely and duely considered That the peaceable and godly meetings of the innocent people of God reproachfully called Quakers truly and really to serve and worship the Lord without any intent or purpose to do any unlawful act with force or violence as aforesaid are no unlawful Assemblies Because their being together and their demeanour is such as doth not breed any apparent disturbance of the Peace neither by threatning speeches turbulent gesture nor shew of armour nor actual force or violence nor to the terror and fearing of the peaceabler sort of people who do neither meet in terror or affright of the people nor with any intent to break the Peace by any unlawful act with force or violence If any Riot Assembly or Rout of People against the Law be made in any part of the Realme the Justices of the Peace three or two of them at the least and the Sheriff or Under-Sheriff of the Shire where such Riot Assembly or Rout shall be made shall come with the Power of the County if need be to Arrest them and shall Arrest them And the same Justices Sheriff or Under-Sheriffs have power to Record that which they shall find in their presence against the Law and the same Offenders shall be Convict by the Record of the same Justices Sheriff or Under-Sheriff in manner and form as it is contained in the Statute of Forcible Entries See Pultons abstract and Statute 17 Rich. 2.8 Stat 13. Hen. 4.7 And see Forcible Entry 2. And in Forcible Entrie 2. Pult. saith If a Justice of Peace of the County or Major Bayliffe Sheriff Justices or Justice of Peace of the City do fine any that made such Forcible Entrie c. he shall take the Offenders and commit them to the next Goal and there to remain c. And whether the Parties which made such Entries be present or gone at the coming of the Justice the said Justice Major c. shall in some good Town or convenient place near unto the place where such force was made enquire by a sufficient Jury of the same County City c. of them which made such forcible Entries and if it be found before them That any have made Entry in form aforesaid The said Justices Major c. shall reseise the said Lands and put the party in possession which in such sort was put out Pult. 132. Stat. 8. Hen. 6.9 So that a Riot Rout or unlawful assembly is to be enquired of and found by a Jury For if any such Offence be committed within this Realm the Sheriff having a precept directed to him shall return four and twenty persons dwelling within the Shire where such assembly or fact was committed whereof every of them shall have Lands and Tenements within the same shire to the yearly value of twenty shillings Charter Land or Free-hold or twenty six shillings eight pence Copy-hold or of both above all charges for to enquire of the said Riot Rout or unlawful Assembly c. See the Stat. 19. Hen. 7.13 Pult. Abstract Arrest and Imprisonment An Arrest is the first apprehending and restraining of a mans person depriving it of its own Will and Liberty Dalt 405. Shep. 171. and may be called the beginning of imprisonment Dalt J. P. 405. Shep. Just P. cap. 6. sect 1. p. 171. Imprisonment is where a man is Arrested against his Will Dalt 405. Shep 171. or is restrained of his Liberty by putting him into the Goal Cage or Stocks or into some House or otherwise by keeping him in the high street or open field so as he cannot freely go at liberty when and where he would Dalt J. P. 405. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the party or require or charge or command him to go or come before the Justice c. This is no Arrest or Imprisonment And upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him See Dalt 405. But saith he this Arrest being in Execution of the commandment of some Court or of some Officer of Justice is exprest in their Writs by these words or the

like Capias Attachias c. To Attach Arrest Take Bring or Convey or cause to be Attached Arrested c. All which words do imply the taking and laying hold of the persons Dalt J. P. fol. 405 406. Is not the old Law of the Land very tender of the Liberty of a man yea and of all men of what estate and condition soever they be without respect of Persons or differences of Opinions in matters of Religion Faith and Salvation seeing it takes care and provides That no man be imprisoned or destroyed in his Liberty Person or Estate without being brought in to answer or trial by due course of Law and if men be imprisoned of destroyed in their Liberties Persons or Estates without the Verdict of twelve men or without being brought in to answer or Tryal by due Process of Law are they not destroyed contrary to Magna Charta and the good old Law of the Land For by a Statute made in the eight and twentieth year of the Raign of King Edward the third it is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor Taken nor Imprisoned nor Disherited without being brought in to answer by due process of Law Stat. 28. Edw. 3. c. 3. And by another Statute made in the forty second year of the Raign of King Edward the third It is Enacted That no man be put to answer without presentment before Justices or matter of Record or by due process or by Writ Original according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error Stat. 42. Edw. 3. cap. 3. First doth it not appear by the Statute That no man is to be imprisoned without being brought in to answer or Tryal by due processe of Law 28. Edw. 3.3 And secondly that no man that is imprisoned is to be put to answer without presentment before Justices or matter of Record or by due Processe or by Writ Original according to the old Law of the Land And thirdly That if any thing be done to the contrary It shall be void in Law and holden for error Stat. 42. Edw. 3.3 Also saith Dalton The Liberty of a man is a thing specially favoured by the common Law of the Land and by the Statute of Magna Charta made 9. Hen. 3.29 No Freeman shall be Taken or Imprisoned or Disseised of his Freehold or Liberties or free Customs or be Outlawed or Exiled or otherwise destroyed but by the lawful Judgement of his equals upon his ●●nviction for some offence by the Verdict of a Jury of twelve good and lawful men or by the Law of the Land See the Petition An. 3. Car. Regis And Stat. 5. Edw. 3. cap. 9. Dalt J. P. 406. And by this Statute of Magna Charta saith Dalton every Arrest or Imprisonment and every Oppression against the Law of the Land is forbidden and if any Judge Officer or other person against the Law shall usurp any Jurisdiction and by colour thereof shall Arrest Imprison or Oppresse any man it is punishable by the Statute See Dalt J. P. fol. 406. Co. 10.75 This grand Charter is a declaration of the antient common Law Co. 10.48 And the Statute of Magna Charta and Charta de Forresta for their excellency have since been confirmed by the Authority of above thirty several Parliaments See Cooks Preface to the eighth Report and Dalt J. P. fol. 406. Note that all Jurisdiction saith he ought to be either by Charter or by prescription See Co. 11.99 and Dalt 406. Also by the Statutes of 25. Edw. 3. cap. 4.28 Edw. 3.3 and 42. Edw. 3. cap. 3. No person shall be taken or Imprisoned nor put to answer unless it be by Indictment or Presentment of a Jury before Justices or by matter of Record or by due Processe made by Writ Original at the Common Law Saith he A Commisson to Arrest or Take a man and his goods was holden to be against Law for that this ought to be either upon Indictment or suite of the partie or other due processe of Law Saith Dalton 407 Br. Comiss 15.16 and Faux Impris 9. and Indictment 38.42 All. 5.12.42 Ed. 3.9 Co. 5.64 And so note saith Dalton That no man shall be Arrested for Debt Detinue Trespasse or other cause of Action but onely by vertue of a preceptor Comandment out of some court of Record Dalt I. P. fol. 407. Neither shall any man Comit Another to Prison Except he be a Judge of Record Cooke 10.103 Dalt 407. But yet for Misdemeanors done against the Kings peace as for Treason Fellony c. The Offendors as well by the Comon Law as by diverse Statutes may be Arrested and Imprisoned by the Officers of Justice Dalt 407. And yet for the Arresting of the body of a man in such cases There must be some just cause c. saith Dalton Dalt I. P. fol. 407. The Manner of Comitment of such Offendors When any person shall be brought before a Justice of peace for Murder Manslaughter or any other Fellony wherewith the Justice of Peace may deale or for Suspition thereof before the Justice shall Comit or send such Offenders to Prison saith Dalton he shall take First the Examination of such Offenders 2. The Information of such as bring him viz. He shal take their Examination and Information of the Fact and Circumstances thereof and so much thereof as shall be material to prove the fact shall be put in writing within two days after the said Examination 3. The same Justice of Peace shall binde all such by Recognisance as do declare any thing Materiall to prove the fact to Appeare at the next generall Goale delivery to be holden where the Tryall of the said fact shall bee Then and there to give in Evidence against such Offendors Dalt 365. 4. And then the same Justice shall make his Mittimus to Carry the Offendor to the Goale 5. And the said Justice or Justices of Peace shall Certifie at the next generall Goale delivery such Examination Information and Recognisance See the Stat. 1. 2. Ph. Ma. 13. Dalt I. P. fol. 395. No man is to be Attached by Any Accusation nor Forejudged of life or Limb c. against the Forme of the Charter and the Law of the Land For by A Statute made in the fifth year of the Raign of King Edward the Third It is Enacted 5. Edw. 3 That no man shall be Attached by any Accusation nor Forejudged of Life or Limb nor his Lands Tenements goods nor Ghattells Seized into the Kings hand against the Forme of the Charter and the Law of the Land see the Stat. 5. Ed. 3. And by Magna Charta many times confirmed in Parliament It is Enacted That no Freeman be Taken and Imprisoned or Disseized of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or otherwise Distroyed but by