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
B09921	The Lady Russel's and all Lords of Manners case and reasons against the bill for erecting a court of conscience	Russell, Rachel, Lady, 1636-1723.; England and Wales. Parliament.	1683 (1683)	Wing R2346B; ESTC R188739	3,719	3

The Lady RVSSEL's and all Lords of Manners CASE and REASONS against the BILL for Erecting a Court of Conscience 1. AS to the Matter of the Act it takes away as to the Cause mentioned in the Act the Ancient Tryals by Jury and gives an Arbitrary Power to the Commissioners to Hear and Determine Finally without any Appeal from them to any Judicature whatsoever And great Inconveniences must ensue by giving an Absolute Power to the Commissioners to dispose of all Debts under 40 s. at their sole Wills and Pleasures and takes from every Man his Birthright to the Ancient Law of the Land 2. Parliaments have been ever very Careful to Maintain the Ancient Law in its Fundamentals of which Tryals by Jury is a Chief one and therefore it was once the Answer of a Parliament upon almost the like occasion Nolumus mutare Leges Angliae 3. ● t. Mabridg 2 H. 3. ca. 23. ●tat Westm ● cap. made ●1 Ed. 1. ●5 Ed. 3. c. 17. ●tat 25 Ed. 3. ●tat Gloc. Ed. 1. cap. 8. Causes under 40 s. are by the Common Law tryable in Inferiour Courts only as Courts-Barons c. and not in the Superiour Courts at Westminster by several Statutes which were never yet Repeal'd This Act destroys all those Courts alters the Law and takes the Power out of Persons of Quality that are Lords of Mannors vests it in Shopkeepers so that if a Lord of a Mannor within his Jurisdiction have a Contest for Debt under 40 s. with another Person he must apply himself to a Company of Shopkeepers for Relief and make them his Judges who by the Common Law had a Court belonging to his Mannor where Causes were properly tryable 4. Justices shall not take Assizes in their own Country prohibited by statute-Statute-Law because of the Favour they may use to their Acquaintances This Law just contrary to the Reason of that Statute gives a Jurisdiction to persons over their Neighbors and whether it be not likely that Partiality may prevail 5. Supposed some of the persons to be named Commissioners should be Indebted to their Neighbors in Sums of Mony under 40 s. Those to whom they are Debtors are absolutely without Remedy for either they must be Judges in their own Cases which is not to be supposed the Statute does intend or else they are exempt from Paying for the time they are Judges not suable elsewhere Put likewise in case that several persons should be Indebted to the Commissioners under 40 s. they being made Commissioners are disabled to recover their Debts for the Reasons aforesaid Now as to the Design of the Act to hinder the expending of great Costs and Charges at Law for Small Debts which there is an absolute necessity for because some persons had better lose such small Debts than venture the expending 10 l. in the superiour Courts for the recovery thereof and also paying the Defendant Cost if he be Nonsuited others must Lose such small Debts because they are not able to Sue for them But the greatest Sufferers are those that are taken upon Arrests who are first squeezed by Bailiffs out of as much most times as such small Debts come to for their Fees and Attendance then liable to pay about 10 l. Cost to the Plaintiff if they are cast besides their own Charges in defending it or lye in a Jayl for it till they perish which is very deplorable Prisons being glutted with such miserable People and has been the Ruin of many Families and is directly contrary to the Letter of the Law for Debts under 40 s. And 1. As to that the Law has provided already inferiour Courts where the Defendants are only summoned and their Body never liable to be taken for such small Debts the Charge of a Tryal so small if they come to it that will hardly amount to the Charge of the Bailiffs upon an Arrest and the Recovery quick and easie And if the Defendant upon the first Summons or Notice of a Suit against him tenders to the Plaintiff what is justly due to him if the Plaintiff refuseth to accept of it but will notwithstanding such tender wilfully proceed it shall be at the Plaintiff's own Costs and Charges by the Course and Practice of the said Courts And in case poor Persons do either Sue or be Sued there they are admitted in Forma Pauperis and pay no Fees at all Equal Difficulty in a Case of Forty Shillings as Forty Pounds yet left to the decision of Vnlearned Men. If it be Objected That Juries are always of the Neighborhood which the Common Law appoints For Answer 1. In case of a Jury either Plaintiff or Defendant hath his Lawful Challenge 2. If they go against their Evidence or against the Law an Attaint lies against them upon which the wronged Party is restored 3. New Tryals are given after ill Verdicts by the Court but to these Commissioners no Challenge lies beforehand nor Attaint after nor from their Judgment is there any Appeal In case of Arbitrement where Shopkeepers are chosen Judges 't is observable how Zealous each Person is for his Friend particular Acquaintance and Customer even beyond Equity and Reason And 〈◊〉 to be hoped they will prove more moderate when they are nominated by any other Means than by the joint Consent of the Parties submitting How far forth special Agreements bind and upon what Considerations Promises for the Payment of Mony are obliging is a very nice Point of the Law Therefore From hence it must follow that many Errors must of necessity be in the Decrees of this Judicature and yet from such Decrees there is no Appeal It seems to be no good Answer to say That the Decrees of this Judicature are but for small Debts inasmuch as Justice is equally abused and transgressed in Small as Great Things tho' the Losses sustained vary This Judicature is Impower'd to Examin and Determin upon the Oaths of the Parties themselves as well as Witnesses not allowable by our Laws which will cause frequent Perjuries amongst poor People who will be enticed to Forswear themselves not only to enrich their Pockets but to gratifie their Revenge and Anger This Judicature will cause Dissention in the Neighborhood where practised for Tradesmen being made Judges over Tradesmen and every man thinking best of his own Cause will certainly blame their Neighbors that give Judgment against them which will breed ill Blood and Heart-burning amongst them This Arbitrary Proceeding contrary to the Law and Magna Charta being the Subject's Birthright will bar the Subject of the Benefit of other Good Laws and most especially of the Statute of Limitation made 21 Ja● and revive old antiquated Controversies which that Law had buried in Oblivion Who knows where this will end if once the Fence be broken and a Breach made in this strong Wall of Safety which guards our Lives Good Names and Estates from the Violence of the Multitude The Breach is easier widen'd than it was first made and tho' it begins with Actions under 40 s. it may quickly encrease to 5 l. or more c. The Subject's Right is not more or less according to the quantum of the Sum but he hath the same Right to any Sum under 40 s. due to him as to any above and he is as much depriv'd of his Right when he is deny'd to Sue at Law for the one as for the other To prevent the many Perjuries Note The ounce of Silver which is now worth 5 s. was not when the Stat. of Gloc. was made worth above 1 s. 8 d. so that what was 40 s. then is now above 6 l. Partialities Corruptions of Commissioners and other Inconveniencies which must unavoidably fall out if the Bill for the Courts of Conscience do Pass into an Act it 's Humbly Offer'd as an Expedient That an Act of Parliament may be made to strengthen the said Ancient Courts-Barons c. and That the Law may be Restored as to the Recovery of Small Debts the Arrest taken away both in mean Process and in Execution in all Cases where the Debt or Damages do not exceed 40 s. and the Process be by Summons or reasonable Distress of the Goods And if it be enacted by Parliament That on Proof by Oath of the Execution of the Summons by leaving it in Writing with the Defendant or his Wife or fixing it on the Door of his Dwelling House or on Oath made that the Party was distreined If the Defendant do not appear according to the Summons the Plaintiff may File his Declaration in Court and proceed as if the Defendant had appear'd And further That if the Plaintiff shall proceed in any Court by Arrest and not by Summons and Distress only and shall not recover above 40 s. Debt or Damages that he shall have no more Costs than Damages The County-Courts Hundred-Courts and Courts-Baron of Lords of Mannors will be saved and small Debts and Damages may be recovered with little Charge and no Vexation to Debtors without Bail or Imprisonment in the ordinary Legal Methods without seeking a Remedy by the Arbitrary way of a Court of Conscience as proposed to be erected where the Body is yet to remain liable to Imprisonment and the Defendant may during such Suit within those Courts which is from month to month or from three weeks to three weeks with his Labour get Mony to discharge the same And if it be put into the Power of such Courts to give Time for the Defendant to pay the Debt or Damages recover'd by the Plaintiff so that the Whole be to be paid within One whole Year after the recovery and the Fees of such Courts be setled by Act of Parliament or left to be setled by the Judges in Westminster-Hall This Act if it be made will fully answer all the Ends the Promoters of the said Bill for Courts of Conscience do pretend to aim at And the Law will thereby be Preserved Small Debts and Damages easily Recovered and all Inconveniencies will be Removed Note That in London there is no Court in nature of the County Court for the Sheriff's Court there by Custom begins with a Capias and for that Reason a Court of Conscience was first set up there by a By-Law and afterwards Confirm'd by Parliament The Lady Russels and all Lords of Mannors Case with Reasons against the BILL for a Court of Conscience