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	just_a	law_n	2,761	5	4.7834	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85108	The lavvs discovery: or a brief detection of sundry notorious errors and abuses contained in our English laws, whereby thousands are annually stript of their estates, and some of their lives. By a well-wisher to his countrey.	Well-wisher to his countrey.; J. F.	1653 (1653)	Wing F40; Thomason E702_18; ESTC R202069	3,025	8

THE LAVVS DISCOVERY Or a Brief Detection of sundry notorious Errors and Abuses Contained in our English Laws whereby Thousands are Annually stript of their Estates and some of their Lives By a Well-wisher to his Countrey LONDON Printed by R. I. for G. B. 1653. Courteous Reader I Am forced for my Countreys good to become vulgar in providing this Winding-sheet for the Authors large and learned Treatise which otherwise I fear might pass unviewed both in respect of its Volumn and our present Affairs howsoever I trust National Utility will pacifie the curious and counterpoise particular Interests whereby it may be rendred readier for thy acceptance J. F. THe Author was a Gentleman born to a fair estate by degree a Barrester who partly through sickness and partly for Conscience deserted the Profession of our Laws as Epidemically evil he spent divers of his last years in supervising the defects thereof Amongst many Grievances wherein he desired redress Personal Imprisonment for Debt was one and Insufficiency of our Laws for charging the Debtors estate another Therefore several of these subsequent Proposals tend chiefly for securing of Creditors out of the Debtors estate whereby the Debtors person may go free The Laws Discovery I. WHereas the Lands of a Copyholder who is a Tenant at Will according to Custom are not subject to extent in his life time nor lyable to his Debts in the hands of his Heirs It were convenient that some Plenary Act were made for Redress hereof securing the Lords fine and preserving the Custom of the Mannor II. That Leases taken for other mens lives whether in Possession of the general or special Occupant may be sujected to payment of debts the Creditor whose money bought the Lease or preserved it from sale hath better right thereto then either of these Occupants Such defects as these protect Heirs in Burrough English also when Lands fall to the yongest son of a Copyholder neither of these can be charged upon Ancestors Bonds because not Heir-general at Common Law III. That an Heir of Tenant in Tail may be lyable to his Fathers Debts IV. That some remedy be used for payment of Debts where Parents purchase Lands in their Childrens names with other mens moneys V. That where Heirs-alien Lands before Action brought by the Creditor they may pay such Debts and not leave the Creditor to a sute in Chancery in such plain Cases VI. That the Creditor for securing his Debt have liberty to charge the Heir and Executor both together because it is uncertain which is best able to pay if he recover of one the other may stay his sute VII That yonger Brothers and Grand-children enjoying Lands upon dissent be lyable to pay Debts VIII That Coheirs in Gavelkinde where Brethren inherit equally may all as well as the eldest be lyable to pay Debts also that Lands left in trust for Children be lyable to payment of Debts IX That Creditors have liberty to extend more then half the Debtors Lands for payment of Debts which cannot be done at present X. Whereas rich Debtors get their Lands extended by one Creditor or other thereby to defraud the rest therefore that as Leases Goods and Bankrupt Lands are sold so where the Landed Debtor will not sell within convenient time that the Creditors should have the Debtors Lands to sell and dispose of returning the overplus to the Debtor or else that some other convenient remedy be used herein XI That there were some place in every shire for Registering all Leases Bargains Conveyances Statutes Judgements Recognizances and the like which any way concern the Lands in that Shire in former times care hath been used for Recording of Bargains Sales and Statutes within six moneths but none at all for Leases Feeoffments Deeds of Covenants to stand seized to Uses with Leases and Releases after them XII That Writs to take a Debtor dirregible particularly to one and generally to all other Sheriffs or Justices within England XIII That the Priviledges and Abuses of Palatines which extreamly hinder Payment of Debts be laid by with us as they are in Portugal XIV That in regard Attachments prevent Arrests and Bloodshed they may be used as well in other parts of England as at London XV. That as was used by the Antients against Sanctuary-men so instead of Appearances notice by Justices of the Peace or the like may be given or left and in case of Contumacy the second or third time Process may be made against the Offender This would prevent those Grievances by Outlawry also the great Expences in Chancery the Abuses in Palatinates priviledge the Exchange and Fairs from Arrests avoided Tryals by Ejectione firmae and Abuses by under Sheriffs XVI To prevent the Abuses practiced in Wills and Administrations that in every great Town or Hundred standing Commissioners should be chosen by the Neighborhood and sworn before some Justices for seizing and selling of Estates unless Executors or the like give sufficient security to such Commissioners for the absolute Payment of all Debts and that all Debtors be paid alike this course might very much help Orphans also the just Payment of Debts and Legacies likewise it were good some strict Laws were made against imbezzling any part of such Estates XVII That Insolvent Debtors be freed from imprisonment or else detained some short time at the Creditors charge till their cause be determined and that their Estates be seized for satisfaction of Creditors XVIII To help the Creditor for Matter of Proof that the Debtor or what others the Creditor or Judges think fit may be examined upon Oath as in case of Bankrupt XIX For the incouragement of Merchants and some special Manufactures as at Antwerp some Immunities from Arrests at least for small sums be conferred on the Professors XX. Whereas Poor Men can seldom put in Bail for want whereof they suffer unheard many moneths imprisonment till their day of hearing comes and are thereby often utterly ruined therefore for prevention that the Plaintiff by his own Oath or of some credible person allowed by the Judge declare the truth of the Cause wherein if he failed the prisoner giving Authority for his appearance to be dismissed without Bail or which is better that the Judge be authorised to determine of Law Fact and Equity to avoide the Formality and Charge of pleading XXI That no person be held to Bail who hath offered to pay without Sute of Law neither should his person be lyable to Execution XXII Whereas by that barbarous and senceless Law of Pressing to death Rich and Landed men are encouraged to Steal and Accessaries wholly escape therefore if such maner of Offenders were attainted by verdict such inconveniences might be prevented XXIII Whereas by Clergy many times Murders and notorious Thieves are but warmed a little in the hand because they can read and another for a Sheep or trifle is hanged not for his offence but because he cannot read Therefore it were requisit That this senceless and barbarous Character which admits of much knavery and cannot be read by every good and able Schollar were banished as well as French Latine and Court-hand especially in such cases which concern mens lives XXIV That persons accused for life be permitted Councel in regard their fears render them often both speechless and unadvised bare accusations are not such sufficient condemnations as to deprive any though innocent of Councel in such extremity XXV That there may be but one Statute for one Matter and Repeals made total not in part so that men may know what is inforce what not and live under such Laws as it is possible to know which now they cannot XXVI That Reversioners have free power to dispose of their Estates without the Tenants consent This would both prevent many Chancery Sutes and secure Purchasers XXVII That the Statute of Merton may be totally repealed and thereby those Antient Local Customs confirmed in behalf of the Tenants and Inhabitants XXVIII That the uncertain Fines of Copyholders may be reduced to a certainty either of an easie yearly Rent or moderate Fine also that the like might be done in servile Tenures and Heriots this would prevent many Chancery Sutes and Oppression by Lords XXIX That the Suborver as well as the corrupted witness should be stigmatized and disabled for future Matters also that whosoever unjustly takes away anothers Testimony by making him a Party should loose his Sure if proved This is an old Chancery trick XXX That Tryal by Combate may be suppressed as a Reasonless Law and unwarrantable by Gods Word I Have narrowly Epitomized the Author partly because others have especially Mr. William Leech treated at large upon some of these grievances And partly that as a compendium of many necessary Mementoes it might produce an Active Remembrance in all true hearted Englishmen and Worthy Patriots of their Country FINIS