Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	know_v	lord_n	3,918	5	3.5901	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87640	The new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J972; Thomason E1411_2; ESTC R202637	18,638	94

to bee pronounced there accordingly by the Judges called the Kings or States A Writ to command them to proceed to Judgement and an aliàs plur and Attachment ought to bee granted by the Chancery-States as you shall finds in Fitz nat br fo 143. to imprison them till they do it which is not usually don by themselvs in every caus in Court but by the protonotarie of cours entred upon Record unless respite bee required upon good caus shewed And the execution vvhich ever issueth in the name of King or State relateth to the Judgment Conviction vvhich implyeth both the Judgements of Kings or States and people as aforesaid Would not therefore the common practice of the Lavvs and their pleadings in English as at first they vvere bee more commodious and usefull to instruct all understanding English men for their ovvn good to becom experimental sufficient Lavvyers in their ovvn causes then the modern custom of hotch potch French and Latine imposed by Lavvyers for their ovvn gain to instruct fevv others of their ovvn generation to cheat the universalitie of the Nation of their rights and understandings and make themselvs and their Counsels most learned in others affairs And again That every one have a Remedial Writ from the Kings Chancery according to his plaint without difficultie and that every one have process from the day of this plaint without the Seal of Judg or partie And again pa. 10. That after a plaint of wrong bee sued that no other have Jurisdiction in the same Caus before the first plaint bee determined c. And again that al the King's Courts should bee open to all plaints by which they had original Writs without delay aswel against the King or the Queen as against any other of the People for every Injurie but in case of life where the plaint held without Writ Why all at Westminster sit not betvveen terms And all elsvvhere all the year long Certiorari's Corpus cum caussa suppersedias c. issued thence till the Judges at Westminster can bee there at leisure to determine all matters vvhich the multiplicitie of rich mens causes so monopolized thither cannot afford the poor to end theirs vvhile they live commonly And again page 11. That all Free Tennants shall bee obedient and appear at the summons of the Lord of the Fee And if a man caused another to be summoned elswhere then in Fees of the Avowants or oftner then from Court to Court they were not to obey such Summons Why then should any Free-holder of the Countie of Middlesex or any libertie thereof except Westminster and St Martins legrand London appear upon Summons at Westminster-Hall vvhich lately vvas the Fee of the Dean and Chapter of St Peters and novv is at the States dispose to vvhom they pleas And again page 12. That the Lords of Fees might summon their Tenants by the Award of their Peers to the Lord's Court or the County or the Hundred at all times that they detein or denie their services in deed or word and there they shall hee acquitted or forfeit their allegiance and all their Tenancie with the appurtenances by the judgement of the Suitors And per contra the Lords doing wrong to their Tenants shall forfeit their Fee to the Chief Lord by the same judgement Observ the Freemen of every libertie then were as still they ought to bee Judges of their Lords for their fees aswel as their other neighbors for their tenancies and to end their differences there within their proper Fees respectively and why not so still And so let the chief Officers Justices of Peace and others of the Libertie of Westminster suffice for Judges for that precinct And page 13. That offendors guilty of death should not be suffered to remain among the guiltless Why Convicts for felonies c. in Newgate c. amongst prisoners for debt And that the Goods and Chattells of Vsurers should Escheat to the Lord of the Fee This law restored would enrich the Common-wealth purge it of many moths Cankerworms and teach men to live by their own labors and not by others And pa. 14. That none should bee ordeined Ministers above the number of Churches and that the poor should be susteined by Parsons Rectors and Parishioners so that none should die for want How many die so daily now adaies within every parish and parsons view So much and more affirmed by Master Horn to bee the Common unwritten Lawes and Customs of England before Magna Charta the Lord Coke in his preamble to his Institutions upon it saith It is but a written Charter or Declaration in writing of the antient laws of this Land agreed upon by King and People to bee published and preserved inviolable on both parts for ever and no new law made Hereby further appeareth what hath been said of the agreement between King and People that none should be judged by the Kings Judges but by verdict of their Peers called in this Charter due process of Law In and by the 9th Chap. of which Charter it is declared That the City of London shall have the old Liberties and Customs which it hath used to have Moreover wee will and grant that all other Cities Burroughs Towns and the Barons of the 5 Ports and all other Ports shall have their Liberties and free Customs Are not all these Liberties and Customs grown obsolete and daily over-ruled at Westminster And in the first confirmation of the said Charter 25. Ed. 3. ca. 2. It is further declared That all Instices Sheriffs Majors and other Ministers having the Law to guid them viz. Mag. Chart. Forest then written and published shall allow the said Charter to be pleaded before them in Judgement and cap. 2. That if any judgement shall bee given henceforth contrarie to the points of the great Charter it shall be undon where upon saith the Lord Coke the Laws of the Realm have the office to guid the Judges in all causes that come before them in the wayes of right Justice which never yet misguided any that certainly knew them and truly followed them By these Collections of Mr. Horn before Magna Charta and Confessions of the Lord Coke since sufficiently appeareth That the Laws if published to the people as they ought would bee sufficient to guid them all in all the right wayes of Justice But the Justices at Westminster that would guid the Laws as Popes Scriptures by their own Interpretations having purposely disguised them in Pedlers French and barbarous Latine that few but themselvs can construe and forms so errorable as they can devise for themselves to mend when they list which hapneth somtimes for the rich but rare or never for the poor and thereby denying delaying and selling Justice at their own rates And their Frye sitting in the hous are the subverters of the Laws as their Predecessors alwaies were and thereby the continual causers of all the Civil Wars of England and besides all that under color of Justice murtherers

four times in full Counties and to every Church to bee read twice yearlie And the writ set down by the Lord Cook to bee issuable to all Sheriffs to apprehend all subverters of the Law and to commit them to the common Gaol which I consess is politickly forborn least Chancellors and and the rest of their brother Judges should bee taken for the chiefest delinquents in that kinde and carried from Westminster to Newgate as I dare swear they have often deserv'd But when I consider how ready their supersedease's are to Sheriffs Justices of Peace c. when they pleas and their Injunctions to stay Suits at common Law most proper to bee determined there and the disregard they make of the late Statute of 15 to Hen. 6. 4 to which forbiddeth them such matters I confess no need they have to fear Sheriffs to displeas them but marveil how they can bee so uncharitable as to separate mercie which they call equitie from Justice beeing that as Justice without equitie is merciless rigor so Equitie without Justice if any such could bee would bee an unjust iniquitie and both these notwithstanding they would seem to divide Equitie from Justice are found individuals in Chancerie as Equitie and Justice were in Courts of common Law before Chancerie was and so ought to bee still as Mercie and Justice ever were and will bee in the individual trinumine chief Justice of heaven and earth whose mercie is above all his works but Chancellor's works are commonly above all mercie when they can finde no time normeans to end any Caus till both parties finde the end of their money and their time lost to gain Lordships to Chancellors and their Heirs for who saw a Lord Chancellor but had a Lord Baron at least to his heir except Sr Francis Bacon and who saw againer to himself or his heir by a Suit in Chancerie except it might bee John Johns the cunning Merchant or one that had less right to land then Keeper Coventrie could think fit to purchase in his man's name and yet gained a precious decree against the right owner Wherefore this two door'd ordoubleleav'd Court of Chancerie and Rolls beeing most pernicious to this Common-wealth which it generally beggereth to enrich it self by encroaching upon all mens liberties and drawing all those matters to Westminster which might bee decided at home with far more speed justice equitie and conveniencie and less charge pains and attendance to both parties where they are best known or to bee known in their own Court Let this Court bee spared with the other and the Common-wealth will bee further spared of the treble charge of the former yearly as the Warden of the Fleet and his prisoners as numerous as the Kings-bench men and the numberless Armado of Chancerie Caterpillars can sufficiently witness if they pleas whereof one thousand pounds per annum would bee a competent salarie for a Keeper of the Seal and fiftie pounds per annum for his man to attend it And another thousand pounds per annum to ten Clerks to do the office of six antiently blew bonnets two thousand pound per ann a piece or more with allowance of Parchment ink wax candles firing lodging and a fit office to write all necessarie Writs for all the Common-wealth And the Clerkships of the Crown and Hanaper may bee united in one person as in Ireland they were in Mr Edgworth and since in Mr Carleton who may bee thought worthie of five hundred pound per annum and all accommodation for his office without anie fees and fortie pound per annum a piece for three under Clerks to assist him to dispatch all businesses belonging to either of the said offices without fees likewise The Court of Common pleas at Westminster would bee as wel spared as anie for that all Common-pleas are common to all Courts in Cities and Counties and ought to bee tried there as the Lord Co. upon Magn. Char. on the Countie Court confesseth which sparing would spare the Common wealth per annum no less then the greatest of the former two The Court of Exchequor reduced to it's proper jurisdiction officers and fees concerning the publick Revenues may bee continued for that service onely and suffice to maintein the Warden of the Fleet and som of his men to walk between the Fleet and the Court to guard Chequer-Accomptants to their Quietus and this would spare the Kingdom another Ten thousand pound per an as the Wardens of the Fleet the two Remembrancers and Mr Long can tell Courts and Justices of Assizes Nisi priùs and Gaole-deliveries are as necessarie for England as Landlopers for the Netherlands where the Boars claw their backs and their dogs bite their shins for their intrusions or as droans are to Bee-hives whence the Bees have good caus to chace them for devouring their honey For all matters of Assizes and Nisi priùs belong to Countie Courts Hundred-Courts Courts Baron and Corporation Courts as the Lord Coke confesseth as aforesaid and Cromp. affirmeth in his jurisdiction of Courts fo 240. and matters of Gaole-deliverie belong to Sheriffs turns Leets and Sessions of the peace as the said Autors affirm and the Commissions of the peace and Charters of Corporations can prove and warrant Wherefore those three Courts spared as well they may and ought the Common wealth will bee further spared of two annual Visitations of severall swarms of Westminster locusts the charge whereof I refer to the consideration of them that bear it and usually pay it The Court of the Marshalsey raised to that exorbitancie that King James and King Charls did may and ought to follow their fortunes and their housholds and more I shall not say of it but that it is full of extortion and injustice being never owned by Law beyond the verge and that being vanished with the Kings person so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more then I can calculate but Mr Say an honorable Member of the House may advertise the rest thereof with the advice of Mr Serjeant Green and others late Judges and officers of that Court. The sparing of all these Courts and the charge thereof amounting to if not surmounting three millions per annum and the confirmation of Mag. Cart. and the Petition of Right once more by this Parliament would also spare to the Commonwealth and its better service the lives and imployments of many thousands of able men wrongfully imprisoned for debt and convert the lives and imployments many thousands of Attornies Sollicitors Gaolers Catchpols Decoyes Setters c. to better uses both for their souls and bodies and for the publick benefit Then Sheriffes Turns Hundred Courts Leets Court Baron Sessions of peace and Corporation-Courts restored to their ancient and right jurisdiction which fall to them of themselvs which when those aforesaid are taken away would be all-sufficient and onely necessary to hear and determine all the causses of England

That no Freeman may bee taken or imprisoned or bee disseised of his Free-hold or Liverties or his free Customs or bee outlawed or exiled or in anie manner destroyed but by the lawful Iudgment of his Peers or by the Law of the Land And in the eight and twentieth yeer of the reign of king Edward the third it was declared and enacted by autoritie of Parliament that no man of what estate or condition that hee bee should bee put out of Land or Tenements nor taken nor imprisoned nor dis-herited nor put to death without being brought to answer by due Process of Law Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without ante caus shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receiv as the Court should order and their Keepers commanded to certifie the causes of their detainer no caus was certified but that they were deteined by your Majesties special command signified by the Lords of your Privie-Councel and yet were returned back to several prisons without being charged with ante thing to which they might make auswer according to the Law And whereas of late great Companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm the inhavitants against their wils have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by autoritie of Parliament in the five and twentieth year of the Reign of King Edward the third it is declared and enacted that no man should bee fore-judged of life or limb against the form of the Great Charter and the law of the Land and by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to bee adjudged to death but by the Laws established in this your Realm either by the customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to bee used and punishments to bee inflicted by the Laws Statues of this your Realm Nevertheless of late time divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with power and untoritie to proceed within the land according to the Iustice of Martiall Law against such Souldiers or Mariners or other dissolute persons jeyning with them as should commit anie murther robberie felonie mutinie or other outrage or misdemeanor whatsoever and by such summarie cours and order as is agreeable to Martial Law and as is used in Armies in time of War to Proceed to the tryal and condemnation of such offenders and them to caus to bee executed and put to death according to the Law Martial By pretext whereof som of your Majesties Subjects have been by som of the said Commissioners put to death when and where if by the Laws and Statutes of the land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been judged and executed And also sundrie grievous offenders by color thereof claming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Of ficers and ministers of Iustice have unjustly refused or forborn to proceed against such offendors according to the same Laws and Statutes upon pretence that the said offenders were punishable only by Martial law and by autoritie of such Commissions as aforesaid Which Commissions and all other of like nature are wholly and directly contrarie to the said Laws and Statutes of this your Realm They do therefore humbly pray your most excellent Majestie that no man hereafter bee compelled to make or yield anie Gist Loan Benevolence Tax or such like Charge without common consent by Act of Parliament And that none bee called to make answer or take such Oath or to give attendance or bee confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in anie such manuer as is before mentioned bee imprisoned or detained And that your Majestie would bee pleased to remove the said Souldiers and Mariners and that your people may not bee so burthened in time to com And that the foresaid Commissions for proceeding by Martial Law may bee revoked and annulled And that bereaster no Commisions of like nature may issue forth to ante person or persons whatsoever to bee executed as aforesaid lest by color of them ante of your Majesties Subjects bee destroyed or put to death contrarie to the Laws and franchise of the Land All which they most humbly pray of your most Excellent Majestie as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majestie would also vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in anie of the premisses shall not bee drawn hereafter into consequence or example And that your Majestie would bee also graciously pleased for the further comsort and saretie of your people to declare your Royall will and pleasure That in the things aforesaid all your Officers and Ministers shall serv you according to the Laws and Statutes of this Realm as they tender the Honor of your Majestie and the prosperitie of this Kingdom Which Petition beeing read the second of June 1628. the Kings Answer was thus delivered unto it THe King willeth that Right bee don according to the Laws and Customs of the Realm And that the Statutes bee put in due Execution that His Subjects may have no caus to complain of anie wrong or oppressions contrarie to their just Rights and Liberties To the preservation whereof Hee hold's Himself in conscience aswel obliged as of his Prerogative But this Answer not giving satisfaction the King was again petitioned unto that hee would give a full and satisfactorie Answer to their Petition in full Parliament Whereupon the King in person upon the seventh of June made this second ANSVVER My Lords and Gentlemen THe answer I have alreadie given you was made with so good deliberation and approved by the Judgments of so manie wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguguous interpretations and to shew you that there is no doubleness in my meaning I am willing to pleas you in words as well as in substance Read your Petition and you shall have an answer that I am sure will pleas you And then causing the Petition to bee distinctly read by the Clerk of the Crown The Clerk of the Parliament read the Kings Answer thereto in these words *