Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	defendant_n	judgement_n	plaintiff_n	1,984	5	10.5099	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68659	A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law.	Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646.	1634 (1634)	STC 21055.5; ESTC S115990	285,847	357

sute betweene them Arbitrement and to pronounce upon the same to which they are to bind themselves under a penaltie to stand SECT 4. What is conteined in the second Booke of the Decretals THe first Booke having set out the first object of the Law which standeth in the persons who make up the Judgement as in the person of the Judge himselfe the Advocates Proctors and Clients there followeth in the second Booke the second object of the same which is the Judgements themselves which are to be commenced by a Citation and that in a competent Court fit for the same by a Libell offered up in the Court by the plaintife to the Judge which is to containe the summe of that which is required in Judgement where if the defendant doe againe reconvent the plaintife he is to answer albeit the defendant be not of that Jurisdiction the Libell being admitted the defendant is to joyne issue and yet before either of them enter any further into the cause that there may be faire and sincere dealing in the same and that all suspition of malitious dealing therein may be taken away each of them are to take an oath the Plaintife that hee doth not of any malice prosecute the sute against the Defendant or the Defendant of any malice mantaine the sute against the Plaintise but that they verily beleeve their cause is good and that they hope they shall be able to prove the one his libell the other his exceptions if he shall put in any into the Court. The cause being begun delayes are often granted if either there come any holiday betweene or any other like just cause be offered as for producing of witnesses and such like if there be no just cause of delay then the Judge is to goe on in the due course of Law provided alwayes that more be not demanded by the plaintife than is due and that the cause possessory be handled before the petitorie and that hee that is spoyled be first and before all things restored to that thing or place whereof he was spoyled or from which hee was put yea though he have nothing else to alledge for himselfe besides the bare spoliation it selfe If the one side or other wilfully or deceitfully decline Judgement the Judge is to put the other in possession of that which is in demand or at the least to sequester the fruits and possessions of that which is in controversie but if both parties appeare and joyne issue affirmatively then is it but a question of Law and not of fact neither doth there remaine ought else to be done by the Judge but that he give sentence against him that hath confessed it and put his sentence in execution But if issue be joyned negatively then is the plaintife to prove his Libell so farre as it consists infact by witnesses which are to be compelled by Law if they will not come or appeare voluntarily by publick and private instruments by presumptions by conjectures by oath which being done the Defendant in like sort is to be admitted to prove his exceptions and cleere his prescription if he be able to alledge any in which he is Plaintife neither is hee bound thereto before the Plaintife have perfected and proved his owne right After proofes are brought on either side and the same throughly disputed on by the Advocates the Judge is to give sentence which he is to frame according to the Libell proofes formerly deduced in the cause The sentence being given Execution is to be awarded unlesse there be an appeale made from it within ten dayes by the Law but fifteene dayes by the Statute of this Land from the time the party against whom sentence was given had knowledge thereof or unlesse it be appealed incontinently at the acts and in writing before a publike Notary or at the least the party against whom the sentence proceeded with due time take their journey toward the higher Judge to prosecute the same by whom the former sentence is either confirmed or infirmed in the second instance SECT 5. What is the subject of the third booke of the Decretalt THe third booke conteineth such Civile matters and causes as are lyable to the Ecclesiasticall Courts as the honest life or conversation of Clerkes and their comely comportment in all their demeanour with what women they are to cohabit and dwell with whereby they may be free from all suspition of ill life and with whom not which of them may bee married by the law of the Canons and which not in what cases they may be allowed to be non-resident and in what not and how such as are non residents may be called home unto their cure and if they returne not upon processe sent out against them how they are to bee punished namely by deprivation or sequestration of the fruits and commodities of their benefice Prebends and dignities are preferments for Clerkes but not for such as are idle or absent from the same without just cause but if any Clerke or Minister be sicke and his disease be curable he is to receive the benefit of his prebend or dignity in his absence as though he were present but if it be contagious or uncurable then he is to be put from the exercise of his office and a helper or coadjutor to be joyned unto him and they both to be maintained of his stipend Prebends or dignities are to be got by institution which are to be given by the Bishop or his Chancellour or such other as have Episcopall jurisdiction without which neither any benefice is lawfully gotten nor can lawfully be reteined Benefices not voyde ought neither to be granted neither to be promised but such as are voyde ought to be granted within sixe moneths after knowledge of the voydance thereof otherwise the grant of them devolveth and commeth unto the superiour hee that causeth himselfe to be instituted into a benefice the Incumbent thereof being alive himselfe is to be deposed from his orders While any Benefice or Bishoprick is void nothing is to be changed or innovated in it and such gifts sales or changes of Ecclesiasticall things as are made by the Bishop or any other like Prelate without the consent of the Chapter are void in Law and such Benefices as doe become void are to be bestowed without any impairing or diminution of the same In what case the goods and possessions of the Church may be alienated and in what not and that such things as are alienated be alienated by the greater part of the Chapiter otherwise the alienation is void What goods of the Church may be lent what sold what bought what changed what demised or let to lease what morgaged or let to pawne After these follow Tractates of last Wils and Testaments of succession by way of Intestate of Burials of Tythes first Fruits and Offerings Of Monkes and their state in sundry sorts of the right of Patronage of Synodals and Procurations of consecration of Churches of Celebration

punished which being put in trust to measure any mans ground makes a false report of the measure thereof that no man hinder a corse of a dead body to be carried to buriall or to be buried in such places as hee and his predecessours have right unto or to build a Tombe to that purpose and beautifie the same SECT 5. That the third part stretcheth it selfe into nine bookes and what they contein THe third part imbracing nine books concerneth personall actions which rise not of cause of right or possession but of covenant and obligation as things credited or lent in a certain summe the means how to recover the same if it be denied that is by oath of the partie that denieth it unlesse he may be convicted either by witnesse or instrument that he hath forsworne himselfe how many kinds of oaths there are voluntary out of Judgement necessarie exacted by the Judge in doubtfull cases where otherwise there wanteth proofe to manifest the trueth Judiciall such as one partie offereth to another in Judgement and cannot be refused without just cause and lastly that which the Judge offereth to the plaintife as concerning the value of the thing which is in strife or the charges that he hath beene at in recovering of the same what exceptions there lyes against Obligations as that which for cause was given and cause did not follow that the cause was dishonest for which that is challenged that was given that the summe was not due which was paid and therefore not to be exacted but to be repaid actions for things lent for a certain time and to a certain use actions for things pawned actions that either passengers have against Marriners for the goods or ware that they have brought into the ship or Marriners have against Passengers for their fraught actions of ejectment wherein the passengers and Marriners are bound each to other for contribution of the losses of such things that have beene cast into the sea in the time of a storme or tempest according to the qualitie or quantitie of the goods they have in the ship actions whereby masters are bound to answer for their servants contracts and fathers for their children in such things or negotiation as they have put them in trust withall saving where the childe borrowed money without his fathers privitie for riot and for such purpose as his father hath no use thereof Remedies for women when by weaknesse of their sexes and lack of counsell they have inwrapt themselves in suretiship for other men action of compensation where a debt is demanded for which an equivalent portion hath beene received in lieu or satisfaction thereof actions of mandate or commandement wherein one hath done some worke or laid out some money upon an other mans mandate or word and yet when he requireth allowance thereof it is denied him actions of societie or fellowship wherein either the societie is required to be maintained or the money put in common banck to be divided actions of bargain and sale either pure or conditionall the bargain being once made the losse and gaine that after happeneth is the buyers unlesse the seller retain some further right in the thing sold unto himselfe actions of letting or setting either of the use of a person or the use of a thing upon a certain hyer actions of change and such like SECT 6. That the fourth part conteineth eight bookes and the contents thereof THe fourth part being digested into eight bookes ministreth actions for such things as are accessarie to contracts such as pawnes and pledges are which are given for the better securitie of the contract actions for restitution wherein a man hath beene deceived in a bargain more than the halfe value of the thing sold or wherein the seller hath concealed some fault in the thing sold which he ought by Law to have revealed or promised some qualitie in the same which was not in it or where the thing sold hath beene evicted by an other out of the hands of the buyer himselfe using all just defence of Law for himselfe actions for interest and usurie and how many kinds thereof there be that men use by land Lucratory Compensatorie and Punitorie whereof the first is altogether unlawfull the other two allowed where either just gain ceaseth or just losse followeth upon that occasion that which is lent is not payd according to the day of covenant Sea-usurie otherwise called nautick usurie is greater than land-usurie and yet allowed by Law for that the seafaring man takes upon himselfe the danger of the transporting thereof and securing the same at such place as it is appointed to be delivered In deciding of matters of controversie the Law proceeds somtimes by witnesses somtimes by instruments somtimes by presumptions where knowledge or ignorance of fact or Law is presumed Spousals are mutuall promises of a future marriage marriage is a lawfull coupling together of man and woman the company and societie of the whole life the Communion of all Divine and humane rites and things and of one and the same house wrought by the consent and mutuall good will of the one towards the other in elpousals and marriages is to be considered who is to be joyned together at what years and by whose consent there doth wait and attend upon Marriages Jointures Dowries and such like and sometimes Divorce which Divorce what and why so called is so called of the diversitie of the mindes of those that are married because such as are divorced goe one a divers way from the other The causes whereupon Divorces The causes of Divorces grow are Adultery deadly hatred one toward an other intolerable cruelty neernesse of kinred and affinitie in degrees forbidden impotencie on the one side or the other actions of Dowrie after divorce or separation actions against a mans wife imbeaselling away his goods actions against a husband disclayming his owne childe and his wife being with childe if he make doubt thereof means how and where she shall be kept untill her delivery so that no false birth shall be put in place of the true childe or that she abuse not her husband or the next heire with a false shew of that which is not Tutelage government of children under age which is either testamentarie or due to the next of kinne or dative all which are either to be confirmed or disposed of by the Magistrate Administrations of Tutors and Curators and how farre they are endangered by their office and wherein they are to interpose their authoritie and consent and for what acts the pupils or minors may be sued done by the tutors or curators how any may be argued to be a suspected tutor or curator and how and by whom he may be removed if there appear just cause of suspition against him A tutor is chiefly set over the person of the childe secondly over his goods but the Curator or Guardian is chiefly set over the goods and then over the person of the

is death Of such as despitefully on every light trifle sweare by God and * The crime of Blasphemy was so odious to the Emperour that he thought God would never suffer a blasphemer to goe unpunished for sins of this nature saith he the world is visited with famines plagues and pestilences therefore the Law heere provideth that a blasphemer shall undergoe ultimum suppltoium If thou meetest saith Chrysostome a man blaspheming 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 S 〈…〉 ke him a boxe on the eare give him a dash in the mouth and sanctifie thy hand with a 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a. free Hom. 1. ad P●p A 〈…〉 chenum pag. 46● ed● Sancti blaspheme his holy name against whom also is provided the sentence of death That the Justices of Peace or other Officers to that purpose appointed speedily dispatch the businesse of those which are of their Jurisdiction that such as come as strangers and forreiners out of other countries having no just cause of their comming be sent back againe with their substance to such places as they came from but if they be idle vagabonds and rogues or other like valiant beggers they either drive them out of the place or compell them to labour yet evermore having regard to provide for such as are honest poore old sick or impotent That Clerks be first convented before their Ordinarie and that the Ordinarie doe speedily end the matter that they may not be long absent from their benefices and that they be not drawne before temporall Judges unlesse the nature of the cause doe so require it as that it be a meere civile cause or a criminall cause belonging wholely to the Temporall court wherein if a Clerke shall be found guilty he shall first be deprived from his ministerie and then shall be delivered over into the Secular hands but if the crime be solely Ecclesiasticall the Bishop alone shall take knowledge thereof and punish it according as the Canons doe require That where one dieth without issue leaving behind him brethren of the whole bloud brethren of the halfe bloud the brethren of the whole bloud have the preheminence in the lands and goods of the deceased before the brethten of the halfe bloud whether they be of the fathers side or the mothers side That no man make Armour or sell it without the Princes leave unlesse they be knives or other such like small weapons SECT 8. What is the matter of the seventh Collation THat proofe by witnesses was devised to that end that the truth should not be concealed and yet all are not fit to be witnesses but such alone as are of honest name and fame and are without all suspition of love hatred or corruption and that their dispositions be put in writing that after the witnesses be published and their depositions be knowne there be no more production of witnesses unlesse the partie sweare those proofes came a new unto his knowledge If Parents give profusely to one of their children the other notwithstanding shall have their lawfull portions unlesse they be proved to be unkinde towards their parents That women albeit they be debtors or creditors may be Tutors or Curators to their children and that there is not an oath to be exacted of them that they will not marry againe so that they renounce their priviledge granted unto them per Senatûs consultum Velleian and performe all other things as other Tutors doe That Governours of Provinces are not to leave their charges before they are called from thence by the Prince otherwise they incurre the danger of Treason That womens Dowries have a priviledge before all other kinds of debt that what Dowrie a woman had in her first marriage shee shall have the same in her second marriage neither shall it be lawfull for her father to diminish it if it returne againe unto his hand That a man shall not have the propertie of his wives dowrie neither a woman the property of that which is given her before marriage but the property of either of them shall come unto their children yea though they marry not again SECT 9. What is comprised in the eigth Collation WIls or Testaments made in the behoofe of children stand good howsoever imperfect otherwise they De Testament imperfect § Nos ●g 〈…〉 are but they are not availeable for strangers but strangers are they which are not children neither mattereth it whether the Will or Testament be writ by the fathers hand only or by some other body by his appointment and as the father divideth the goods among the children so they are to have their parts Of Hereticks and that such are Hereticks which doe refuse to receive the holy Communion at the Ministers hand in the Catholick Church That Hereticks are not to be admitted to roomes and places of honour and that women-Hereticks may not have such priviledge as other women have in their Dowries That is called marriners usurie that is wont to be lent to Marriners or Merchant-men specially such as trade by sea which kind of lending the Law calleth passage-money in which kinde of usury a man cannot goe beyond the 100. part That Churches enjoy a 100. yards prescription That such things as are litigious during the controversie are not to be sold away A litigious thing is that which is in sute betweene the plaintife and defendant That while the sute dependeth there be no Letters or Edict procured from the Prince concerning the cause in question but that the cause be decided according to the generall Lawes in use That in Divorces the children be brought up with the innocent partie but at the charges of the nocent and that Divorces be not admitted but upon causes in Law expressed That no woman whose husband is in warfare or otherwise absent shall marrie againe before she have certaine intelligence of the death of her former husband either from the Captain under whom he served or from the Governour of the place where he died and if any woman marry again without such certaine intelligence how long soever otherwise her husband be absent from her both shee and he who married her shall be punished as adulterers and if her former husband after such marriage returne back againe shee shall returne againe to her former husband if hee will receive her otherwise shee shall live apart from them both If any man beat his wife for any other cause than for which he may be justly severed or divorced from her hee De haered 〈◊〉 inteslat § Si quis autem shall for such injurie be punished If any man conceive a jealousie against his wife as that she useth any other man more familiarly than is meete shee should let him three severall times admonish him thereof before three honest and substantiall men and if after such admonition he be found to commune with her let him be accused of adultery before such a Judge who hath authority to correct such offences SECT 10. What is the

somtimes at Rome in Italy somtimes at Avignion in France sometimes in other places as by the date of the Bulls and other processe of that age may be seene which severall removes of his gave occasion to the Parliament of inserting the word Elsewhere in the body of those Statutes that thereby the Statutes providing against Processe dated at Rome they might not bee eluded by like Processe dated at Avignion or any other place of the Popes aboade and so the penaltie thereof towardes the offender might become voyde and bee frustrated Neither did the Lawes of this Land at any time whiles the Popes authoritie was in his greatest pride within this Realm ever impute a Praemunire to any Spirituall Subject dealing in any Temporall matter by any ordinary power within the Land but restrained them by Prohibition onely as it is plaine by the Kings Prohibition wherein are the greatest matters that ever the Clergie attempted by ordinary and domesticall authority and yet are refuted onely by Prohibition But when as certaine busie-headed fellowes were not content to presse upon the Kings Regall jurisdiction at home but would seeke for meanes for preferment for forrain authority to controule the Judgments given in the Kings Courts by processe from the Pope then were Praemunires decreed both to punish those audacious enterprises of those factious Subjects and also to check the Popes insolencie that hee should not venter hereafter to enterprise such designments against the King and his people But now since the feare thereof is past by reason all entercourse is taken away betweene the Kings good Subjects and the Court of Rome it is not to bee thought the meaning of good and mercifull Princes of this Land is that the cause of these Statutes being taken away the effect thereof should remain and that good and dutifull Subjects stepping happily awry in the exercise of some part of their jurisdiction but yet without prejudice of the Prince or his Regall power shall bee punished with like rigour of Law as those which were molesters greevers and disquieters of the whole estate But yet notwithstanding the edge of those Praemunires which were then framed remaine sharpe and unblunted still against Priests Jesuites and other like Runnagates which being not content with their owne naturall Princes government seeke to bring in againe that and like forraine authoritie which those Statutes made provision against but these things I leave to the reverend Judges of the Land others that are skilfull in that profession onely wishing that some which have most insight into these matters would adde some light unto them that men might not stumble at them and fall into the danger of them unawares but now to Prohibitions SECT 2. The impeachment thereof by Prohibition and what it is A Prohibition is a commandement sent out of some of the Kings higher Courts of Records where Prohibitions have beene used to be granted in the Kings name sealed with the seale of that Court and subscribed with the Teste of the chiefe Judge or Justice of the Court from whence the said Prohibition doth come at the suggestion of the Plaintife pretending himselfe to be grieved by some Ecclesiasticall or marine Judge in not admittance of some matter or doing some other thing against his right in his or their judiciall proceedings commanding the said Ecclesiasticall or marine Judge to proceed no further in that cause and if they have sent out any censure Ecclesiasticall or Marine against the Plaintife they recall it and loose him from the same under paine of the Kings high indignation upon pretence that the same cause doth not belong to the Ecclesiasticall or Marine Judge but is of the temporall cognisance and doth appertaine to the Crowne and dignitie Of Prohibitions some are Prohibitions of Law some other are Prohibitions of Fact Prohibitions of Law are those which are set downe by any Law or Statute of this Land whereby Ecclesiasticall What are Prohibitions of Law Courts are interdicted to deale in the matters therein contained such as are all those things which are expressed in the Kings Prohibition as are also those which are mentioned by the second of Edward the sixth where Judges Ecclesiasticall are forbid to hold plea of any matter contrary to the effect intent or meaning of the Statute of W. 2. Capite 3. The Statute of Articuli Cleri Circumspectè agatis Sylva Caedua the treaties De Regia Prohibitione the Statute Anno 1. Edwardi 3. Capite 10. or ought else wherein the Kings Court ought to have Jurisdiction Prohibitions of fact are such which have no precise word or letter of Law or Statute for them as have the other but What are Prohibitions of fact are raised up by argument out of the wit of the Devisor These for the most part are meere quirks and subtilties of law and therefore ought to have no more favour in any wise honourable or well ordered Consistorie than the equity of the cause it selfe doth deserve for such maner of shifts for the most part breed nought else but matter of vexation and have no other commendable end in them though they pretend the right of the Kings Court as those other Prohibitions of the Law doe but the Kings right is not to be supposed by imagination but is to be made plaine by demonstration and so both the Statute of the 18. of Edward the third capite 5. is where it is provided that no Prohibition shall goe out but where the King hath the cognisance and of right ought to have and also by the fore-named Statute of Edward the sixth which forbids that any Prohibition shall be granted out but upon sight of the libell and other warie circumstances in the said Statute expressed by which it is to be intended the meaning of the Law-givers was not that every idle suggestion of every Attourney should breed a Prohibition but such onely should bee granted as the Judge in his wisdome should thinke worthy of that favour and if right and equitie did deserve it although as I must needs confesse the Statute is defective in this behalfe for to exact any such precise examination of him in these cases as it is also in other points and is almost the generall imperfection of all Statutes that are made upon Ecclesiasticall causes but I feare mee as emulation betweene the two Lawes in the beginning brought in these multitudes of Prohibitions either against or beside law so the gaine they bring unto the Temporall Courts maintaineth them which also makes the Judges they cesse not costs and damages in cases of consultation although the Statute precisely requires their assent and assignement therein because they would not deterre other men from suing out of Prohibitions and pursuing of the same The Prohibitions of the law as have beene before shewed are neither many nor much repined at because they containe a necessary distinction betweene Jurisdiction and Jurisdiction and imply the Kings right and Subjects benefit but the