Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n according_a court_n law_n 1,543 5 4.8094 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A89678 The lavvyers bane. Or The lawes reformation, and new modell: vvherein the errours and corruptions both of the lawyers and of the law it selfe are manifested and declared. And also, some short and profitable considerations laid down for the redresse of them. Nicholson, Benjamin. 1647 (1647) Wing N1105; Thomason E401_36; ESTC R201804 9,501 15

There are 2 snippets containing the selected quad. | View lemmatised text

which shall bee thought most usefull and convenient for all the Lands in the whole Kingdome only excepted that so they may all be one and the same both in Fee and Tenure which how much it would conduce to the benefit and ease of the whole Kingdome who sees not and only to make it appeare just and reasonable two great Objections are to be answered Object 1. It may be objected that the King the Nobilitie and Gentry would be much prejudiced both in their honours and profits by the taking away of the rents and services due to their Mannors together with divers other casuall profits thereunto appertaining Object 2. By the taking away of intailes it may seem hard and unreasonable that all men should be debarred and secluded from conveying and disposing of their owne Lands upon their owne termes and according as they should think most usefull and convenient for themselves and their posteritie I answer 1. For their rents and their casuall profits as Escheats Forfeitures uncertaine Fines in Copieholds and the like being estimated at a certaine annuall rent by an equall and indifferent computation they may be continued issuing and payable out of the same Lands they were formerly in the nature of rent charges and so the alteration in this particular would be only nominall 2. For their services due to their Mannors as Fealtie suting their Courts and the like I answer first for their King all men that are borne his Subjects owe him Fealtie sweare him Allegiance and as his liege people ought to doe him service upon all lawfull occasions and therefore the reiterating of the same things by the same men in his particular Courts may seem onely a worke of supererrogation and a repetition and re-acting fruitlesse and unnecessary And secondly for the Nobilitie and Gentry their pristine honour and reputation both as relating to the power and command they formerly had over their Tenants holding of their said Mannors as also in reference to the present opinion and estimation of all men is utterly lost and vanished no man in these daies valuing his Lord of whom he holds his Lands his free rents being paid more then another man scarce any thing at all And secondly divers of these Mannors being fallen into the hands of ignoble and mechanick men divers both of the Nobilitie and Gentrie in regard of the tenure of some part of their estates owe Fealty and other services incident to the said Mannors to meane men farre their inferiours both in rank and qualitie and therefore this punctilio of honour is not to be regarded in respect of its confusion and disorder Now to the second Objection concerning the restraining of all men from limiting of their Estates by Intailes I answer 1. As the case now stands they are so easily and usually cut off frustrated and made void by Fines and Recoveries that they are altogether vaine and uselesse except it be to make imployment for Lawyers Atturneyes and others of the same craft and calling And 2 Admit they were altogether unavoidable and inalterable what other use or advantage could be made of them the shewing of mens pride vanity only excepted then the intailing of a destructive inconvenience upon their posterities whose numerous issues and off-springs are by reason of these Intailes for the most part in a forlorne and miserable condition left to beggerie and poverty or according to the proverbe to the wide world utterly unprovided for the eldest only excepted contrary to Reason the Law of Nature and of God himselfe a double portion only being alotted to the first-borne and therefore such a liberty as this is rather to be suppressed and provided against then any wise cherished or indulged unto as a distrusting of the providence of God and a too much confiding in an arme of flesh in a Christian and well-governed Common-wealth And now to proceed the letter and sense of the Law being thus made plain and apparent the next thing to be considered is the execution of them and in this part doubtlesse they cry alowd for the help of a Physitian the present practice of them being so corrupted and polluted that it stinks abominably in the nostrills of God and all good men and therefore it were to be desired that severall Courts of Judicature should be established in every even the least Counties and in those that are larger as Lincolnshire Yorkshire c. two three or more according to their respective greatnesse and extents which said Courts might judge absolutely and soveraignly all arbitrarinesse being by provident and wholsome restrictions and limitations carefully and diligently prevented over all causes and persons crimina laesae Majestatis and of highest treasons which may be referred to the censure of the Parliament onely excepted whereby the shuffling and removing of Suits from one Court to another to the great dammage and oppression of the people by injunctions and the like might be taken away and justice equally speedily administred to all men even at their own doores whereby likewise one sort of Vermine viz. Atturneyes Sollicitors and the like would be made uselesse all men being now by the Lawes plainnesse and simplicity inabled to plead their owne causes some few of the most ignorant being for this present generation onely excepted who might easily procure a friend or neighbour to be their Advocate As for the future the Law being thus made easie by the vulgar to be known and attained unto especially if publike Schools were in every Parish erected for teaching to read and write the English tongue a worke worthy to be ●●ought upon by those that are in authority all men mad men and fooles only excepted would be ●●fficiently able to manage 〈…〉 and further the dishonesty and villa●●ie of those men would hereby be suppressed who vex and oppresse their Neighbours by fained and unjust futes peaceable minded men as the case now stands chusing rather to purchase their owne quietnesse at a litigious knave● hand then to contend in Law with hi● although their cause in its selfe be both just and honest in regard both of the delay of justice proceeding from briberie removing of sutes and many other corruption as also from the remote distance of the place of judicature to the great oppression and ●exation of the best and honestestiso● of people most worthy by all lawfull and good meanes to be protected and provided for and lastly a little to digresse hereby the exorbitant greatnesse of the City of London would be ●●ated and reta●ded which by the co●fluence and resort of people unto it from all part● of the Kingdome upon so many occasions is although the 〈◊〉 City growne so monstrous and disproportionable a great solecisme in estate policie to the rest of the body that it is to bee feared if experience have not already taught us just cause of feare that it will shortly if not prevented through the infinite numbers of tumultuous base and r●scallous people wherewith it now abou●
The Morall and application of which said Fable will then clearly and evidently be seen true when those that are in authority shall seriously undertake to cleare up and dispel those clouds wherwith these men of the long to be have over cast and darkned both the sence and letter of the Law and yet more clearly when the Law 's reformed as aforesaid shall be cut out of those old stinking and polluted ditches wherein they have for so many yeeres beene forced to run and captivated by these Lawyers and turned into new clear and uncorrupted chancels whereby they may flow purely and pleasantly into all the parts and corners of the Kingdome and they themselves shall be discharged of all places of trust and creda● both in Councell and Government and thus justly in regard that they like the Bishops foot in the Proverbe doe spoyle and vitiate every thing they intermiddle with or have an hand in these simpletons with their appurtenances viz. Atturneyes Sollicit●● Clarks and so to the end of the chapter how Asse-like and ridiculous would they then b● in what a pittifull c●● would of John an Oakes be together with John a Stiles his ●eve● and copartner unto what ●ouster de more empore●●● would they transport themselves with their cap●●●s and tailes whereof the ●os●●●rt● English men could make neither head nor feet 〈◊〉 th●● wi●● the rest of their pretious ●●●fills which would now ●o longer be Staple commodities nor ve●dable here in England he that would nor could resolve them might get the first ●●e that ever Lawyers gave and do them Knight-service also 〈◊〉 my part except they eyes-drop ●e I 'le be none of their Counsel but rather leave it to themselves who wanting imployment of all other men would now have the most spare time and leasure to consult and consider of their own occasions and lastly to ennumerate the Knaveries and villanies of all inferiour officers were an endlesse labour especially of those worthy Knights of their own proper foundation surnamed de le post who because by their perjuries tremble O earth and be ashamed O heavens they were serviceable to these Caterpillers they were by them tolerated and connived at and therefore we may justly say of them with Juvenal Dant ve●iam corvi● vexant censure columb●s Now to conclude since it is confest by all parties that the Law is that which terminates and bounds the rights and interests of all men as well of the King in his Prerogative as of the people in their priviledges and immunities and seeing these are the two Poles upon which as one saye● very learnedly and judicially the Sphe●● of government moves whose influences if they keep their equall and just distances are peace and happinesse and on the contrary if they interfere and clash together they produce certaine ruine and destruction to the Nation and further considering that these two have alwayes it all times been used as stalking-horses on both sides whereby the Kingdome hath oftentimes been imbroyled in blood and warres to it 's almost ●eter desolation whereof this present time is a wofull testimony and whereunto the Chronicles of all former times do plainly and evidently beare witnesse they having be●● the causes and originals of all the civil warres in this Nation since the Norman-conquest the contestation between the White rose and the Red not excepted and therefore it were above all other things cordially to be wished and desired the reformation of the Lawes as aforesaid scarcely excepted that the limites and extents of these two viz. the Kings Prerogative and the peoples priviledges might be throughly and throughly examined and enquired after being once certainly known and found out they might by the consent and to the good and happinesse of all Parties be boundered out to all posterities with two Herculean pillars and a non plus ultra in golden Capital letters written on them to the everlasting peace quietnesse and prosperity both of King and People so far as humane prudence may extend in this and all succeeding generations Thus have I cast my mite into the publike treasury and drawn a pourtraiture though rudely and unskilfully of that which if done to the life and set forth in fresh and proper colours shew by a more able and experienced workman would shew as in it self beautifull and lovely so would bring to this Nation more benefit ease and happinesse than it was ever yet partaker of And therefore most noble King grave and renowned Senators both of Parliament and City and ye the Worthies of the Army the cleansing of this Augean stable being a work not unworthy even the Greatest joyn all your forces here together do but bring this great work to perfection and we will all attest under hand and seal that you have then effected that which all of you joyntly and severally have to the expence of so much blood and treasure all this while either desired or pretended viz. the good and welfare of the Common wealth if any shall object that these are but Notions and Fancies fit onely for Platos or an Utopian Common-wealth I enswer that it is the greatest grief and vexation next to the mischief it self that nothing if really undertaken by those that are in authority would be found more easie to be effect●● nothing more profitable when effected and yet none can be ●ound to attempt it And therefore most gracious Soveraigne and noble Heroes to whose valour and magnanimity nothing hath been found too hard or impossible give but a beginning to this great and famous Reformation of all good men so much longed after and desired and the God of peace order will prosper it in your hands to the endearing and ingratiating of your selves to this and the eternizing of your names to all future generations that so Justice may flow down like a mighty stream and peace may be within our walls and plenteousnesse within our palaces Which that it may be is the hearty prayer and desire of him who is a loyall subject to his Prince a faithfull servant to the Parliament a wellwisher to the Army and a lover of the peace and feedome of his native Country Nicholson FINIS