Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	person_n	power_n	3,185	5	5.2905	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44732	Londinopolis an historicall discourse or perlustration of the city of London, the imperial chamber, and chief emporium of Great Britain : whereunto is added another of the city of Westminster, with the courts of justice, antiquities, and new buildings thereunto belonging / by Jam. Howel Esq.	Howell, James, 1594?-1666.	1657 (1657)	Wing H3091; ESTC R13420	281,998	260

the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aro●e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adult●mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idon●os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Pe●y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chance●y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents

this kind of special Commission of Oier and Terminer and herewith agreeth Pl. Com. in the Earl of Leic ' Case Anno 1 Mar. Reginae And so supream is the Jurisdiction of this Court that if any Record be removed into this Court it cannot being as it were in his Center be remanded back unlesse it be by Act of Parliament And this appeareth by the Judgment of the Parliament in Anno 6. H. 8. but by the authority of that Act Indictments of Fellonies and Murders removed into the Kings Bench may by the Justices of that Court be remanded and this Court may send down aswell the Bodies of all Felons and Murderers as their Indictments into the Counties where the same Murders of Felonies were committed or done c. in such manner c. as if the Indictments had not been brought into the Kings Bench. Out of this Court are other Courts derived as from one Fountain several Springs and Rivers in repect of the multiplicity of Causes which have encreased Jurisdictio istius curiae est originalis seu ordinaria non delegata The Justices of this Court have no Commission Letters Patents or other means to hold Pleas c. but their power is original ordinary They were called ancienlty Iusticiae Justiciarii locum tenentes Domini Regis c. The chief Justice Justicia Angliae Justicia prima Iusticiarius Angliae Capitalis and Iusticiarius noster Capitalis adplacita coram nobis terminand ' To observe the Changes of these names and the reason and Changes thereof is worthy of observation Before the Reign of E. 1. the Chief Justice of this Court was created by Letters Patents and the form thereof taking one example for all was in these words Rex c. Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Vicecomitibus Forestariis c. omnibus aliis fidelibus regni Angliae salutem Cum pro conservatione nostra tranquill●tatis regni nostri ad justiciam universis sing●lis de rengo nostro exhibendam constituerimus dilectum et fidelem nostrum Philippum Basset Iusticiarium Angliae quamdiu nobis placuerit capit alem vobis mandamus in fide qua nobis tenemini firmiter insungentes quatenus in omnibus quae ad officium Justitiarii praedicti nec non ad conservationem pacis nostrae et regni nos●ri eidem dum in officio praedicto steterit pleniùs sitis intendentes Teste Rege c. The King c. to all Archbishops Bishops Abbots Priors Earls Barons Vicounts Foresters c. and to all other faithful to the Kingdom of England greeting Whereas for our conservation and the tranquillity of our Kingdom c. for the exhibition of justice to all and every one of our Kingdom We ha●e constituted our beloved and faithful Philip Basset chief Justice of England as long as we shall please We command you upon the faith you hold unto us and firmly enjoyn you to all things that belong unto the office of Chief Justice aforesaid for the conservation of our Peace and of our Kingdom and that you be very intentive as long as you stand in the said Office Witnesse the King c. This Philip Basset was the last of this kind of creation by any like Letters Patents and he died Chief Justice near to the end of the Reign of H. 3. King E. 1. being a wise and prudent Prince knowing that Cui plus licet quam par est plus vult quàm licet as most of these Summi Iusticiarii did made three alterations 1. By limitation of his authority 2. By changing Summus Iusticiarius to Capitalis Iustic 3. By a new kind of creation viz. By Writ lest if he had continued his former manner of creation he might have had a desire of his former Authority which three do expresly appear by the Writ yet in use c. Rex c. E. C. Militi salutem Sciatis quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste c. The King c. to E. C. greeting Know ye that we have constituted you our Capital or Chief Justice in Pleas held before us during our pleasure Witnesse c. A short Writ but of large extent in point of Authority The rest of the Judges of the Kings Bench have their Offices by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenerint salutem Sciatis quod constituimus dilectum et fidelem Johannem Doderidge Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Justices of the Kings Bench are styled 1. Capitales 2. Generales 3. Perpetui 4. Majores à latere Regis residentes But the Chief Justice is only by the King Capitalis Justiciarius noster They are called first Capitales in respect of their supream Jurisdiction 2. Generales in respect of their general jurisdiction throughout all England c. 3. Perpetui for that they ought not to be removed without just cause 4. Majores à latere Regis residentes for their honor and safety that they should be protected by the King in administration of justice for that they be à latere Regis that is by the Kings fide And vvhereas 5. E. 4. it was holden by all the Justices in the Exchequer Chamber that a man cannot be Justice by Writ but by Patent or Commission it is to be understood of all the Judges saving the Chief Justice of this Court But both the Chief Justice and the rest of the Judges may be discharged by Writ under the Great Seal None can be a Judge of this Court unlesse he be a Serjeant of the degree of the Coif and yet in the Writ or Patent to them made they are not named Sergeants There have been for a long time and still there are great Complaints for multiplicity of Suits in Law and it were a wholsome and happy thing could it be prevented but because a Disease cannot be cured without knowledge of the Cause it is to be observed that there be six Causes of the increase of them whereof two be general the other four particular The general be Peace and Plenty The particular 1. The dissolution of so many Monasteries Chan●eries c. and the dispersing of them into so many several hands 2. The swarm of Informers 3. The number of Concealors 4. The multitude of Atturneys For the first general In the Reign of E. 3. R. 2. H. 4. H. 5. and part of the Reign of H. 6. in respect of the wars in France c. in the residue of the Reign of H. 6. in the Reign of E. 4. in respect of the bloody intestine Wars in almost continual Alarms within the bowls of this Kingdom between the Houses of Lancaster York there could not be so many Suits in Law as since this Kingdom hath enjoyed Peace which is