Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	parliament_n	7,403	5	7.2636	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29941	Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...	Brydall, John, b. 1635?	1676 (1676)	Wing B5253; ESTC R2537	44,312	135

and although it was said he might execute it by Deputy and his personal Attendance is not requisite by the custome of the sad Mannor yet non allocatur whereupon the said priviledg was awarded 3. The Recorder A Recorder is he whom the Mayor or other Magistrate of any City or Town Corporate having jurisdiction or a Court of Record within their precincts by the Kings grant doth associate unto him for this better direction in matters of Justice and proceedings according to Law Thus much in general of the Recorder-ship of any City or Town but more particularly we say That the Recorder of London is the person whom the Lord Mayor and Aldermen do associate unto them for their better direction in matters of Justice and proceedings according to Law and therefore he ought to be a grave and Learned Lawyer well seen in the Common Law and skillful in the Customs of the City and such a one indeed is that honourable and very grave person Sir John Howell a member of the Royal Society of Lincolns Inne who at this very time is Recorder of this most glorious City The Recorder of London takes place in Councils Stow. and in Courts before any man that hath not been Lord Mayor and learnedly delivers the Sentences of the whole Court By the Stat. of 23. H. 8. c. 6. the Mayors of the Staple at Westminster and the Recorder of the City of London joyntly together have full authority to take Recognizances for the payment of debts in the absence of the Chief Justices out of Term. 32. E. 1. Geoffry Hertilepole Alderman was elected to be Recorder of London and took his Oath and was appointed to wear his apparel as an Alderman 4. The Sheriffs BEfore I speak in particular of the Sheriffs of London I shall present to the Reader several Queries with resolutions given unto them out of our books of Law touching Sheriffs in general For the better Information of all such Officers through the whole Kingdom Quaere 1. Whence the word Sheriffs is derived Resp Sheriff is a word compounded of two Saxon words viz. Shire and Reve Shire Satrapia or Comitatus cometh out of the Saxon verb Shiram i. e. partivi for that the whole Realm is parted and divided into Shires Co. Litt. 168. a. And Reve is praefectus or praepositus so as Shireve is the Rive of the Shire Praefectus Satrapiae Provinciae or Comitatus And he is called Praefectus because he is the chief officer to the King within the Shire for the words of his patent be Commissimus vobis custodiam Comitatus nostri c. Quere 2. How a Sheriff was Quere 2. and is to be elected Resp It is to be known that the office of a Coroner ever was and yet is eligible in full County by the Freeholders by the Kings writ de Coronatore eligendo and the reason thereof was for that both the King and the County had a great interest Co. 2. Inst fol. 174. 175. 558. 559. and benefit in the due execution of his office and therefore the Common Law gave the Freeholders of the County to be electers of him And for the same reason of ancient time the Sheriff called Vice-Comes who had Custodiam Comitatus was also eligible for first the Earl himself of the County had the office of the Sheriff of the County and when he gave it over the Vice-Comes as the word signifieth came instead of the Earl and was eligible by the Freeholders of the County but this way by election is altered by divers Acts of Parliament 14. E. 3 c. 7.23 H. 6. c. 8.12 R. 2 c. 3. viz the Act. of 9. E. 2. Lincolne de Vice-Comitibus 14. E. 3.12 R. 2. 23. H. 6. vide the Statuts themselves Quaere 3. Whether the Day of the Billing of Sheriffs may be deferred from the usual day Resp Upon the sixth of November the Term of Michael 16. Car. Regis the Lord Keeper of the great Seal the Lord Treasurer the Lord privy Seal Earl of Arundel Earl Marshall the Earl of Pembrok Lord Chamberlin Cro. 3. part Terme Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer were assembled in the Exchequer Chamber to nominate three persons of every County throughout England to be presented unto the King that he might prick one of them to be Sheriff of every County which is usually done according to the Statute upon the 3. of Nov being Crastino animarum But because it was the first day of Parliament and the Lords were to attend the King It was resolved by the advise and resolution of the Major part of the Justices with whom Conference was had in this cause that it might be well put off to another day And the Lord Keeper notwithstanding the Statute deferred it until this day Quaere 4. In what the office of the Sheriff doth consist Resp It belongeth to the Sheriff to serve the Kings writs of process be they summons or Attachments to compell men to answer to the Law and all writs of execution of the Law according to judgments of superior Courts for taking mens goods Lands or bodies as the cause requireth and by the Order of the Common Law and Statutes of the Realm he may for the better execution of his Majesties writs and process of Law after resistance take posse Comitutus He is to return indifferent Juries for the Tryal of mens Lives Liberties Lands and Goods He ought to see that the publique Peace be kept which is the Life of the Commonwealth and therefore he is said to be Principalis Conservator Pacis within the County It is his duty to gather the publique monies and profits of the Prince in his County to collect and bring into the Exchequer all fines imposed even by distreining He is to see condemned persons executed To conclude he is to determine and examine certain smaller pleas Civil and Criminal the former are decided in the County Court the latter in his Court called the Town Quaere 5. If one be in the Sheriffs Custody by process of Law and then another writ is delivered to apprehend the body of the party that is already in Custody whether he be in Custody by vertue of the second writ without an Actual Arrest Resp It was adjudged Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff by process of the Law and afterward another writ is delivered unto him to apprehend the body of him who is already in Custody Immediatly he is in Custody by force of the second writ by judgment of Law although he make no actual Arrest of him for to what purpose should the Sheriff arrest the party that is already in Custody and Lex non praecipit inutilia quia inutilis Labor est stultus Quaere 6. Whether a Sheriff Bailiff c. may arrest one without shewing the warrant Resp It was adjudged Co. Lib. 9. Mackaleyes

Case Lib. 6. Count of Rutlands Case Cro. 2. part Hodges vers Markes that an Arrest without shewing the warrant and without telling at whose suit until the party demand is Legal and well enough and that he need not shew the warrant until the other obey and demand it Quaere 7. Whether an Arrest made in the night be good Resp It is said that an Arrest made in the night time is valid in Law Cro. 2. part Mackaleyes Case Co. lib. 9. Mackaleyes Case Quaere 8. Whether Arrests be good on the Sunday Resp An Arrest upon the Sunday and other ministerial Acts are good but not judicial Acts for a judicial writ bearing Teste upon a Sunday or a Proclamation of affine upon a Sunday are ill Cro. 2. part Waite vers Hundred of Stoke 496. and erronious for they shall be intended as fictions because it is well known the Court do not sit that day but an original writ or patent bearing Teste upon the Sunday are good enough for the Chancellor may seal writs or patents upon any day An Arrest made by a Sheriff or his Officer Cro. 2. part Mackaleyes case is valid although it be done upon a Sunday Quaere 9. In what Cases a Sheriff may break open houses to execute process Resp As to this Quaere take these particularities sc 1. When any house is recovered by any Real Action or by Ejectione firmae the Sheriff may break the house and deliver seizin or possession 2. In all cases where the King is party the Sheriff may break the house if the doors be shut and make execution of his writ but before he break the house he ought to signify the cause of his coming and make request to have the Doors opened but if the Officer break the house when he might have the Doors opened he is a Trespasser for felony or suspition of felony the officer may break open the door 3. The Sheriff cannot break open an house upon private process neither can he upon private process rush into a house which by craft as knocking at the door c. he procured to be opened unto him 4. In all Cases where the door is open the Sheriff may enter and make execution of his writ either for body or goods at the suit of a subject 5. The Sheriff at the suit of Common person upon request made and denial thereof ought not to break open the doors or the house to execute any process at the suit of any subject or to execute a Fierifac Being a writ of execution but he is a Trespasser yet if he do execution in the house it is good in Law being done according to the rule of Law sunt multa quae impediunt promovendum quae non dejiciunt jam prometum 6. The house of a man is not a Castle or defence for any other person but for the owner his family and goods and not to protect another that flyeth into the same or the goods of another for then the Sheriff upon Request and denial may break the house and do execution 7. Although a Sheriff cannot break open an house being to take execution by fieri facias yet when the Door is open that he enters and be disturbed in his execution by the parties who are within the house he may break the house to rescue his Bayliffs and to take execution Vide all these particulars Cro. 1. part Seyman vers Gresham Co. lib. 5. Semaines case Hobarts Reports Water house vers Salt-marsh Parke and Percival vers Evans Cro. 1. part Smith ver Smith Yelvertons Reports Seyman vers Gresham Cro. 2. part Aenonymus f. 555. pl. 19.18 E. 4.4.13 E. 4.9 Quaere 10. Whether a writ or Commission may be awarded to a Sheriff to enquire of the Death of a man Res It was found before the Coroner super visam corporis Cro. ● part Harlestons Case that J. Harleston fell into a Marlepit fortuito and so died Afterwards by the procurement of the Queens Almoner a Commission issued out of the Crown Office Quaesi in nature of a Melius Inquirendum and was awarded to the Sheriff to enquire of his death and of what goods and Chattells he was possessed at the time of his death And it was found before the Sheriff that he was felo de se c. It was moved that the writ or Commission was not well awarded but utterly void for the Stat. of 28. E. 3. c. 9. is expressely that no such Commission shall be granted and that the Sheriff shall not take Indictment by writ or Commission But Ive the Clerk said that they have divers Presidents since that Statute of such Commissions awarded Quaere 11. Whether Rescous be a good Return upon mean process Resp It has been adjudged that in an Arrest upon mean process and not upon execution the Sheriffs are not bound to take the poss● Comitatas with them Cro 2. part May v. Proby and Lum Sheriffs of Middlesex and therefore upon such process it is a good return the Rescous and that afterwards he was not found within their Bayliwick and process shall thereupon be awarded against the Rescussours But if the Prisoner had been in the Goal the Sheriff ought at his peril to keep him and a Rescous from thence is no excuse for him And upon process of execution as upon a Capias ad satisfac or upon a Capias ut legatum after judgement such a Return is no excuse for him either against the King or the party for he at his peril ought to keep his prisoners taken in execution for there the process is determined which being the Life of the Law and being once executed the party may not have any new process and therefore he shall answer to the party for the escape And it is at the Sheriffs peril to see that his prison be strong enough to keep his prisoner when he is once in execution And being a mischeif to one it ought rather to fall on the Sheriff than on the party But in the other cas● there is not any great mischief for th● party hath only lost his process which he may renew and he may also have an Action upon the Case against the Rescussours Quaere 12. Whether an Averrement may be admitted against a Sheriffs Return Resp There is a difference between Acts ministerial and Acts judicial for against Acts which a Sheriff doth as ministerial an Averrement may be but not against that which is done judicially and by one as judge Cro. ● part Arundel ver Arundel vide 3. H. 7.15 a. 7. H. 7.4 ab 10. H. 7.28 a. Yelvertons Reports Arundel ver Arundel Quaere 13. Whether a prisoner for debt making an escape can be taken again upon fresh suit Resp Although a prisoner in execution escape out of view yet if fresh suite be made and he be taken again in recenti in secutione he shall be in execution otherwise at the turning of a corner or by entring into an

return the same extent unto the Bench at a certain day And after it shall be commanded to the Sheriff of the Shire where the warranty was summoned that he shall cause the Tenants to have the Lands of the Warrantor to the like value Vide more in the Statute aforesaid In Dower in the Hustings of London against the Husband and Wife who vouch a foreigner in warranty 18. E. 2.3 a. b. Tit. Receipt 106. Co. 2. Inst f. 326. whereupon the plea is adjourned into the Common Pleas at a certain day at which day the husband and Wife sued out a writ against the Vouchee whereupon the Vouchee appeared and the Baron made default and the Wife prayed to be received upon his default and by the Rule of the Court she was received and that it was within their Commission for that the default was made in this Court whereupon the Land was to be lost if she were not received for it is a Maxime in Law Necessitas sub Lege non continetur quia quod alias non est Licitum necessitas facit licitum but yet others are of another opinion In a pr●●cipe in the Hustings in London the Tenant voucheth one in London and other forein Vouchees in the County of Norfolk c. In this case as well the Voucher within London as the foreign Vouchers shall be removed Co. 2. Inst f. 325. for although the words of the Stat. of Gloc. c. 12. Vouch forein a garrantie yet because process should be made by the Court of Common Pleas only against the foreign Vouchees although they came in they should not warrant nor answer without the others before process were determined against them in London so as necessity requireth that process should be made against all at one time and that ought to be done in the more worthy Court and when the Warranty is determined in the Court of Common Pleas all shall be remanded It is worthy of observation sayes Coke that at the Common Law in case of a foreign Voucher in the Hustings of London Co. 2. Inst 327. the plea was adjourned before the Justices in Eyre when they came to the Tower of London for the Court of Hustings London was not derived out of the Jurisdiction of the Court of Common pleas as other Courts that have power to to hold pleas Real are and therefore the Adjournment was before the Justices in Eyre 3. The manner of proceedings upon the plea of Bastardy or the plea ne unques acconpte en Loyal Matrimony If in an action Ancestrel the Tenant plea Bastardy in the Demandant Co. 2. Inst f. 271 or in a writ of Dower the Tenant plead Ne unques acconpte en Loyal matrimony neither the Court in London Co. Litt. fol. 134. or any like Inferior Court cannot award a writ to the Bishop for Tryal thereof for nullus alius praeter Regem possit Episcopo demandare inquisitionem faciendam And therefore if such pleas be pleaded in London the Record shall be removed and after a writ to the Bishop and certificate made by the Bishop the Record shall be remanded into London again 4. That a suit upon a poenal Law cannot be brought either in the Court of the Hustings Cro. 3. part Miller ver Regem 538. or in any other Court at Guild-hall but it must be commenced in the Kings Courts at Westminster where the Kings Atturney is to acknowledg or deny 2. Of the Courts of the Sheriffs Touching the Courts of the Sheriffs of London is observable the Manner of proceeding in two things scil 1. In a writ of error 2. In an execution upon a Condemnation in the Sheriffs Courts 1. The manner in a writ of error If an Erronious Judgment be given before either Sheriffs the party grieved shall have a writ of errour and remove this before the Mayor and Sheriffs in the Hustings If they do not yeld redress there then shall certain Justices be assigned by the Kings Commission to sit at St Martyns le Grand by nisi prius for to redress the said Judgment and if there be default found in the Mayor and Sheriffs they shall be punished for their Misprisions by the form that is conteined in the Statute of 28. E. 3. c. 10. 2. The manner upon an Execution Cro. 3. part Cusackes Case f. 128. One taken in execution in London upon a Condemnation in the Sheriffs Court and removed by Habeas Corpus into the Kings Bench shall be committed there in execution for that Debt and having discharged all Causes in the Kings Bench shall be remanded 3. Of the Court of Equity This Court of Equity before the Lord Mayor is called commonly the Court of Conscience or the Court of Requests in Latin Curia Requisitionum sive Requestarum seu Requisitorum and the Lord Mayor himself by whom this Court is swayed and governed may be termed by us Magister a Libellis supplicum Touching this Court of Equity I propose these Cases that I have met with in our books If a man be impleaded before the Sheriffs Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst 268. the Mayor upon the suggestion of the Defendant may send for the parties and for the Record and examine the parties upon their plea and if it be found upon his examination that the Plaintiff is satisfied his Lordship may award that the Plaintiff shall be barred There is a special Act of Parliament for the Relief of poor Debtours 3. Jac. where by it is enacted 3. Jac. c. 15. that every poor Citizen and Freeman inhabiting in London being sued for debt under forty shillings may exhibit his suite in the Court of London called the Court of Requests in London who shall nominate Commissions to the number of 12. and three of that Commission may send for any Creditor who is complained of in sueing for such a Debt under 40. s. and if he refuse to come or perform not their Orders they may cause him to be arrested by any Sergeant of London and commit him to prison there to remain until he perform the said order A Citizen of London sued another Citizen in the Common Pleas Cro. 1. part f. 33. pl. 14● and the Mayor and Aldermen would have him put the matter to compromise and he refused they did disfranchise him all those that were parties to the disfranchisement were fined an hundred Marks a piece and the party was restored to his Franchise that is to his Libertie for Franchise in the Common Law signifies sometimes the incorporating a man to be Free of Company Co. Litt. 137 b. or body politique as a Free man of a City or Burgess of a Borough Quere To conclude The Quoere may be How this Court of Equity in London was raised Whether by Act of Parliament prescription or by Letters Patents Resp It is answered that this Court of Equity must of necessity be raised either by Act of Parliament or by

was not good for he ought to have a scire facias against the Baile for it is unreasonable to take him in execution without answer for he might plead a Release of the Party or that the principal is dead and so discharge himself and for this Cause the Custom by the Court of Kings Bench held unreasonable Qu. But the Quaere may be whether ill Customs such as these I have here named confirmed by Act of Parliament be thereby made good or not Resp It is answered that the Statutes which confirm the Customs of London shall never be construed for the Ratification of any ill or irrational Custom which has been made use of within the City of London And this is agreable with the Interpretation of Mr Horne whose words are these In point que demand que le City de Londres cit ses franchises ses franke Customes est interpretable en cest manner que les Citizens eient lour Franchises dont ils sont inherit per loyall Title de dones confirmements des Royes les queux ilz ne out forfeites per nul abusion que ilz eient lour franchises Customes quae sont sufferable per droit nient repugnant al Ley And this very interpretation agreeth with divers of our later books as Plowd Com. f. 400. Davys Reports le case de Commenda f. 75. b. Co. Litt. f. 381. b. 11. H. 7.21.45 E. 3.26 which prove that the words of an Act of Parliament shall be taken in a Lawful and Rightful sence SECT XVII Of the Franchises Liberties ad singularities of the most glorious City of London THrough the special favour and Indulgence of our Princes the Kings of England the Citizens of London have obtained very large and great Immunities or Priviledges of which some are given to the Londoners by Royal Charters and some by the Royal Assent in Parliament 1. Of the Franchises and Liberties that are derived to the Trenovants by Charters Royal. Priviledge 1. Omnes homines London sint quieti Liberi omnes Res eorum per totam Angliam per portus maris de Theolonio passagio ab omnibus aliis Consuetudinibus Vide Chartam H. 1. de Libert London Priviledge 2. H●nting King H. I. by his Charter granted for the Recreation of the Londoners Quod Cives London habeant fugationes suas ad fugandum sicut melius plenius habuerunt Antecessores eorum scil Silve Middlesex Suer Co. 4. Inst f. 314. Priviledge 3. Toll-free King H. 3. Granted that the Citizens of London should passe Toll-free throughout England Priviledge 4. In 11. H. 3. The King granted and confirmed to the Citizens of London Free-warren Free-warren or Liberty to hunt a certain circuit about the City in the warren of Stones c. Priviledge 5. King H. 3. granted to the City of London quòd nullus Civis faciat Duellum Duells quod de placitis ad Coronam pertinentibus se possint disrationare secundam antiquam consuetudinem Civitatis Citizens of London no battel shall be gaged against any of them Co. 4. Inst 252. A Citizen of London sued an Appeal of Robbery the defendant gaged Battel the plaintiff said that he was a Citizen of London that they have there such Franchise that no battel shall be gaged against any of them this extends to every particular Citizen Bulstrodes Reports 3. part f. 16.21 E. 4. f. 12. 27. Priviledge 6. In 11. H. 3. the King granted to the City of London this special and rare Liberty Si illis qui pro tempore fuerint Vice-Comites constituti aliquod delictum fecerint Sheriffs of London unde misericordiam pecuniae debeant incurrere non judicentur ad plus nisi ad miserecordiam vigint Libr. hoc sive damno aliorum Civium si Vicecomit non sufficiantur ad miserecordiarum suam solutionem Co. 4. Inst 254. Priviledge 7. King John by his Letters granted to the Citizens of London Election of a Mayor Liberty yearly to choose to themselves a Mayor Co. 4. Inst 253. Priviledge 8. In the year 1282. King Ed. I. granted to H. Waller Mayor Walls and the Citizens of London to take toward the making of the wall and inclosure of the City certain Customs or Toll as appeareth by his grant Stow. Priviledge 9. Mayor In the Reign of Ric. I. The Citizens of London obtained to have a Mayor to be their principal Governor and Lieutenant of the City as of the Kings Chamber Stow. Priviledge 10. For the repairing of Bishops-gate H. 3. granted Bishops-gate and confirmed to the Merchants of Hanced that had an House in the City of London called Guildhalla Theutonicorum certain Liberties and priviledges Stow. Priviledge 11. Kind Ed. III. granted Justice of Oyer that the Lord Mayor should be Justice for the Goal delivery at New-gate Stow. Priviledge 12. Ed. III. granted Maces that the Sergeants of the Lord Mayor should bear Maces of silver Co. 4. Instit f. 252. Priviledge 13. Ed. III. granted that no Escheator should be in the City Escheator but the Lord Mayor for his time Stow. Priviledge 14. Clerks King H. 3. granted that either Sheriff should have two Clerks and two Sergeants Seal also that the Citizens should have a Common Seal Stow. Priviledge 15. It is a Liberty of London granted Quod nullus Civium sit implacitatus extra muros Privilege 16. Walls and Ditch It was granted by Ric. II. That a Toll should be taken of the Wates sold by Land or by water towards the Repairing of the walls cleansing of the Ditch about London Stow. Privilege 17. London Bridge King John gave certain void places in London to build upon the profits thereof to remain towards the charges of rebuilding and repairing of London Bridge Stow. Priviledge 18. By the patent of Ed. II. London Bridg. a Subsidy was granted towards the Amendment of London Bridge Stow. Priviledge 19. In H. III. time ships of the Ports arrested Corne brought into ports and forced to bring their Corn to Queen Hithe but the ships of the Citizens of London were at liberty to arrive where the owners would appoint them Priviledge 20. Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. Aldermen that they should not be removed without special cause Stow. Priviledge 21. Ed. III. in the 3. Paving year of his Reign gave the Citizens of London License to take a Toll towards the charge of paving the Borough of Southwark with stone Priviledge 23. Physitians King H. 8. by his Letters Patents erected a Body Corporate of Physick in London and seven miles compass Priviledge 22. Sales in gross It was granted in some Kings Reign that all Clothes or other Merchandizes should not be sold in gross but only to the Citizens of London Priviledge 24. The City of London hath by the Kings