Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	good_a	great_a	word_n	2,991	5	3.7261	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35628	The Case of Mr. Francis Jenkes being an impartial relation of his imprisonment in the Gate-House, with the occasion of it, and the means used for his enlargment.	Jenkes, Francis.	1677 (1677)	Wing C955; ESTC R29179	18,296	34

inferiour Court can Bail a man Committed by a Super●●●● one Counsel Scruples and fears do nor 〈…〉 Law 〈◊〉 ●●out was once made in the Kings Benef●● th● great case of S●lden and others but the Law was for the ●●sone● bef●●● that time and was sufficiently settled then and 〈…〉 from that in reason 〈◊〉 〈◊〉 for that was upon a Habeas corpus out of the Kings Bench. Counsel That is but a circumstanciall difference The Habeas corpus from that Court is only to remove the prisoner and the cause before them that Justice may be done to him Mr. Jenkes is already within your Jurisdicton and the statute gives you Authority to Bail him and your Authority makes it your duty and I rely upon that Court We considerd upon it at Dinner and do belive it a rare case and fit to be advised upon and we will advise Why did you not move yesterday when my Lord Chief Justice was in Town Now there are no Judges in Town to advise with Counsel That we did not come yesterday was no design for he is not so fond of a Goal and if it be an indiscretion yet that is no sufficient reason to detain a man in prison however if you have power which you ought to know you have it as well when they are not in Town as when they are Is he Bailable by Law or not Court There is nothing in the Warrant for which he is not Bailable by Law Counsel For what reason then do you deny him Court We do not deny him but we will advise because he is Committed by a superiour Court Counsel No man ought to be imprisoned for any misdemeanour before Conviction without Bail and it is against the Petition of Right that any man Bailable by Law should be detained in Goal without it I don't know how by such denials as this the being Commited by a superiour Cou●●●h●● g●ow 〈◊〉 a reason but at present I think th● Petition of Right spoils it for being a good one Court You can give us no President of any one being Bailed by Justices at the Sessions who was comm●tted by the Council Board Counsel I believe it is a rare case that a man should be forced to apply himselfe to such but I think I ca● furnish you with an instance and that is of one Cannon a Quaker who was committed by the Privy ●ounsell about Christmas last and was Bailed at the Sessions of the Old Baily A pert By-stander no ways concerned suggested to the Court and the Court repeated after him Court He was commited to New-Gate Prison and was Kalendered there Counsel If you stick to the reason of being committed by a Superiour Court that is no answer but if it must be an answer Mr. Jenkes is committed to the Prison of this Liberty and ought to have been Kalendero here and then I do again demand that the Goaler be fined Court We think it a rare case and fit to be advised upon and our Commission we here sit by directs us to do so in difficult cases Counsel I told you before I have nothing to do with the Commission you hear sit by and your selves excluded me from it but apply my-self to you as Justices of Peace meerly and as such you ought to take upon you the knowledge of your Office Court In the great case of Selden that you Cited the Judges took two Terms to advise Counsel You very well know what Opinion was had of their doing so Will you advise upon it to Night with the Kings Counsel and I le attend you to morrow morning Court We think fit to advise with the Judges about it till next Sessions 〈◊〉 〈…〉 can easily interpret wi●● such advili●● 〈◊〉 〈…〉 say you apply your self to us as Justices of 〈…〉 then you may come to any two of us a fort●ight hence or more and perhaps we may advise in the mean ●ounsel I believe it will be a difficult matter to get any two of you together upon this occasion Mr. Jenkes finding all these common Doors to Liberty shut against him did by advise betake himself to another method not lesse legall then the former tho the Power granted by the Statutes to Justices of Peace and the constant issuing of the Writ of Habeas Corpus upon demand both more easy Courses have occasioned it to be of more seldom use Justice Filzherbert in his Natura Brevium an Author and a Book of Justly venerable Authority in our Law in h●s Chapter of Mainprise declars That If a man be taken by the Kings Commission and kept in Prison for Fellony or Misdemeanors be may by his friends put in sureties in the Chancery that he vvill appear before the Justice c. And be of good behaviour c. And that body for body and thereupon he shall have a Writ out of the Chancery unto the Sheriff or unto the Constable of the Castle vvhere he is Imprisoned to set him at liberty if he be Imprisoned for that cause and for no other Which words seem plainly to declare the Writ of Mainprise to be the subjects right and not to leave a discretional power to the Officers of Chancery in granting it But the scarcity of Presidents being the great Objection against the Habeas Corpus out of Chancery Mr. Jenkes resolved to offend no more in that kind and therefore caused a search to be made in the Rolls in the Tower for the Writs of Mainprise where a multitude of them was found and many in the case of a Commitment by the Kings command A Copy of one and a Note of severall others were taken out to Back the Authority of Fitzherbert With this provision on Monday July 17th four of Mr. Jenkes friends substancial Merchants attended with a Counsel went to the Lord Chancelour and tho upon tender of themselves as Bayl for him they might have demanded their Writ of Mamprise as the Subjects right without other formality yet they addressed themselves to him in a more respectfull manner by way of Petition thus To the right honourable Henry Lord Finch Baron of Daventrey and Lord High Chancellour of England The humble Petition of A. B. C. D. of London Merchants friends to Francis Jenkes now Prisoner in the Gate-House of Westminster sheweth That the said Fr. Jenkes was Committed to the said Prison by virtue of a Warrant a true Copy whereof is here unto annexed for a fact Bayl-able by Law for which and no other cause he yet remains there a Prisoner And that in this and all other cases of like nature your Petitioners are advised upon putting in Bayl in the Court of Chancery according to the antient course and usage thereof a W●rit of Mainprise ought to Issue under the Great Seal to be directed to the Sheriff or Keeper of the Prison where such prisoner stands Committed to deliver the prisoner so Committed That your Petitioners being men of good Estates as shall if your Lordship require be made out to your Lordship