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
A66659	The exact constable with his original & power in the offices of church wardens, overseers of the poor, surveyors of the highwayes, treasurers of the county stock, and other inferior officers as they are established, both by the common laws and statutes of this realm. By E.W. of Grays-Inn Esq;	Wingate, Edmund, 1596-1656.	1660 (1660)	Wing W3013; ESTC R219589	31,098	183

Where any man shall affront threaten or force any Minister to use any other Service or hinder him in doing the Service according to the Book of Common-prayer that is by sundry Acts established For the 1. offence shall pay 100. Marks for default of paying within six weeks after conviction imprisonment without Bayl. For the 2. offence 400. Marks non-payment in six weeks 12. months imprisonment without Bayl. For the 3. offence the loss of all his Goods and Chattels and Imprisonment during life By the 2 and 3 Edw. 6. the first offence is ten pound and for non-payment after conviction Imprisonment 3. months without Bayl. For the 2. offence 20. pound which if not paid in six weeks after Conviction imprisonment six months without bayl 3. Offence the loss of all his goods and chattels and impisonment during life A CONVENTICLE A Conventicle is described by the Cannon The definition of a Conventicle to be a meeting of Ministers or others to consult about any thing that shall tend to the depravation impeachment or abuse of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Discipline or Government of the Church and by the Cannon the punishment is Excommunication ipso facto Can. 73. Vide le Statue 35 Elizabeth 1. punishes all persons that obstinately do refuse to come to Church and perswade others to impugne the Queens authority in the Law Ecclesiastical and to avoid the inconveniencies of the dangerous practises of seditious schismatical and disloyal sectaries or meetings of people under colour or pretence of any exercise of Religion contrary to the Lawes and Statutes vide Lamberts Justice of Peace in title Commission of the Peace There he describers it to be a meeting under colour of exercise of Religion to oppose the Kings Authority in causes Ecclesiastical or against the Laws and Statutes of the Realm By this Statute the Constable is commanded to go where he hears their Meetings are and to carry them before the next Justice and after being thereof convicted is to be committed to Prison and there to remain without Bayl till he conform or come to some Church Chapel or Place of Common-Prayer to hear Divine Service according to the Laws and Statutes And being so convicted of this offence shall refuse to conform and come to Church and to make his submission within 3. months after being required by the Bishop of the Diocess Minister of the place or one Justice of the County where he lives then such person at the quarter Sessions or Assizes shall there take his Oath to abjure the Realme for ever unless Licensed by the King and his Council to retune And his Adjuration shall be certified by the Justices to the Judges of Goal-delivery and if he refuse to abjure or departing return without the Kings License shall suffer as a Fellon It is further explained by the said Statute that he that shall abjure or shall refuse so to abjure being required shall forfeit all his good and chattels for ever and lose all his Lands and Tenements for life and no longer but no loss of Dower or Corruption of blood to be in this case The Church-Wardens Duty BY the Statute 12 Hen. Their office by the commonlaw 7. in fine Church-wardens by the common Law of England are taken by way of favour to the Church to divers purposes and as it were for a Corporation being enabled to take Moneys Goods and Chattels and may Sue and be Sued for them to the use and profits of the Parish so that any man may in the time of his Life or by his last will give and bequeath moneys or other moveable goods either to the Church-wardens or to the Parishioners of a Parish for the separation of the Church or for the buying of Books Communion Cups or other Ornaments for the Church and the Law so favourably doth take it that it s not materially needful to express it in apt words or writing as for example if one give a Bell and hang it up in the Steeple or make a Pew in the Church and makes no word of writing thereof yet it is by this Dedicated and given to the Church Lib. intra fol. 570. 11 Hen. 4.12 8 Hen. 7.12 The Church-wardens may maintain an appeal of Robbery against him that steals any thing out of the Church being once in the possession thereof or an action of trespass as you may read 37 Hen. 6.30 and 34.11 Hen. 4.12 8 Edw. 4.16 and and if the Parson or Vicar shall take any of the Goods belonging to the Church the Church-wardens may bring their Action and recover dammage to the use of the Parish and if those Church-wardens dye before the Action be brought or the Goods for which they sue be recovered their suecessors may bring their Action And if any of the Church-wardens do waste the Goods of the Church the Parish may put out those and choose new and the new church-wardens may bring an action of Accompt against the old and compel them to make satisfaction to the parish for the wrong they have sustained during their office and although the custom of some parishes is to continue them some one year some two years some three years yet upon any default in them the parishioners may at any time when they please proceed to a new Election and call them to an account yet shall the former church-wardens have an allowance of all such summes of money as they have needfully expended upon the church or upon meet and lawful Ornaments and this they are compellable to do by the Laws Ecclesiastical and they shall have allowance of moneys upon their Accompts that they have paid for the relief of prisoners in the common Goal as you may see in the Statute 14 Eliz. cap. 5. and of any other thing the Law charges them to do but in Lands or the profits thereof they must not meddle at all as if the walls windows or doors of the Church be broken or trees in the church-yard be cut down or Grass eaten up but this belongs properly to the Parson or Vicar as you may see in the Statute 11 Hen. 3.13 12 Hen. 7.77 13 Hen. 7.9 All persons shall repair to their parish Church Coming to Church except they shall be hindred by sickness or any other lawful excuse or to some other place where the Common-Prayer is used upon Sundays or other days which are usually to be kept Holy and shall then and there sit orderly during the time of Common-Prayer and Preaching upon pain to be punished according to the Churches censure and upon the forfeiture of twelve pence for every person so offending to be by the Church-wardens levyed to the poors use of their Goods Lands and Tenements vid. 1 Eliz. cap. 2. The Constables and Church-wardens of all Parishes High-wayes shall every year on Tuesday Wednesday in Easter week call the Parishioners together choosing then two honest Surveyors of

persons to their discouragement in the execution or doing their offices it is enacted by the said 7 Jac. cap. 5. that if any Action Bill or Suite account on the case Trespass Battery or false Imprisonment shall be brought after fourty days next after the end of that Session of Parliament in any of his Majesties Courts at Westminster or elsewhere against any Justice of Peace Mayor Bayliff of any City or Town Corporate Head-burrow Constable Tything-man Collector of Subsidy or Fifteens for or concerning any matter or cause by them or any of them done by vertue of their or any of their office or offices that it shall be lawful to or for any such Justice of Peace Mayor Bayliff Constable or other Officer or Officers before named and all others that in in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices to plead the general issue that he or they are not guilty and to give such special matter in evidence to the Jury that shall try the same which special matter being pleaded had been a good and sufficient matter in Law to have discharged the said defendant or defendants of the trespass or the other matter laid to his or their charge and that if the verdit shall pass with the said defendant or defendants in any such actions or the Plaintiff or Plaintiffs become Nonsuite or suffer any discontinuance thereof that in every such case the Justice or Justices or other Judges before whom the said matter shall be tryed shall by force and vertue of this Act allow unto the defendant or defendants his or their double costs which he or they shall have sustained by reason of their wrongful vexation in defence of the said Action or Suite for which the defendant or defendants shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants And this Act is to continue for seven years and from thence to the end of the next Parliament after the said Parliament The other Statute being 21 Jac. cap. 12. declares the afore recited Statute of 7 Jac. cap. 5. to be perpetual And that all Church-wardens and all persons called Swornmen executing the office of Church-wardens and all overseers of the Poor and all others which in their aide and assistance or by their commandment shall do any thing touching his or their Office or Offices shall hereafter be enabled to receive and have such benefit and help by vertue of the said Act to all intents and constructions and purposes as if they had been specially named therein And whereas notwithstanding by the said Statute the Plaintiff is at liberty to lay his account which he shall bring against any Justice of Peace or other Officer in any forrain County at his choice which hath proved very inconvenient unto sundry of the Officers and persons aforesaid that have been impleaded by some contentions troublesome persons in Counties far remote from their places of habitations It is enacted by this Statute that if any Action Bill Plaint or Suit upon the case Trespass Battery or false Imprisonment shal be brought after the end of this Session of Parliament against any Justice of Peace Mayor or Bayliff of City or Town Corporate Head-borrow Constable Tythingman Collector of Subsides or Fifteens Church-wardens and persons called Swornmen executing the Office of Church-wardens or Overseers of the Poor and their Deputies or any of them or any other which in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices for or concerning any matter cause or thing by them or any of them done by vertue or reason of their or any of their Office or Offices That the said Account Bill Plant or Suit shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere And that it shall be lawful to and for all and every person and persons aforesaid to plead there unto the general issue that he or they are not guilty and to give in such special matter in evidence to the Jury which shall try the same as in and by the said former Act is limited and declared And that if upon the tryal of any such Action Bill Plant or suit the Plantiff or Plantiffs therein shall not prove to the Jury which shall try the same that the Trespass Battery Imprisonment or other fact or cause of his her or their such accounts Bill Plant or Suit was or were had made committed or done within the County where such account bill plant or suit shall be laid That then in every such case the Jury which shall try the same shall find the defendant and defendants in every such Account Bill Plant or Suit not guilty without having any regard or respect to any evidence given by the Plaintiff or Plantiffs therein touching the Trespass Battery Imprisonment or other cause for which the same Account Bill Plant or Suit is or shall be brought And if the verdict shall pass with the defendant or defendants in any such Account Bill or Plaint or Suit or the Plantiff or Plantiffs therein become Non-suit or suffer any discontinuance thereof that in every such case the defendant or defendants shall have such double costs and all other advantages and remedies as in and by the said former Act is limited directed and provided