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	judge_n	law_n	2,498	5	5.0932	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A13761	Cassius of Parma his Orpheus with Nathan Chitræus his commentarie, abridged into short notes: most profitable for the framing of the manners of schollers. Translated and abridged by Roger Rawlyns of Lyncolnes Inne, student in the common lawes.; Orpheus. English	Telesio, Antonio, 1482-1533?; Cassius, Caius, Parmensis, attributed name.; Homer. Iliad. Book 23, 304-325. English. aut; Rawlyns, Roger.; Chytraeus, Nathan, 1543-1598.	1587 (1587)	STC 24060; ESTC S118508	16,736	28

good reason 2 That it is impossible that our Lawes as they are now should be perfect LIke as is the cause such is the effect but man in his reason vnreformed is imperfect therefore cannot the lawes be perfected without Logique which is a Reason reformed The waies of God are perfect with iustice in mercie but the lawes of men are mercilesse iustice or rigor whence the lawe is thus described Lex est commune praeceptum virorum prudentium delictorum quae sponte vel ignorantia contrahuntur coërtio Reip sponsio communis Iustice in regard of the imperfection and vntrueth of the precept which no way can preiudice the perfection and trueth of Arte is thus described Iustitia est constans perpetua VOLVNTAS suum cuique tribuendi And againe Lex est ratio suum vnicuique tribuens vel id saltèm AFFECTANS Lastly because that by the alteration of times it may bee necessarie to alter the lawes 3 That though the Lawe in it selfe be rigorous and imperfect yet as much as the common profite will suffer it is made gentle mercifull and perfect by the Chauncerie FOr that is one end of that Court and is therefore called a Court of Conscience because it reasoneth on the part of the Complaynant by Argument taken from the law of nature Quod tibi fieri non vis alters ne feceris hence also is it called Cancellaria quasi Cancellans as taking away anihilating the extremities of the Common Lawes So is the Clients matter in the Common Law termed a Case but in the Chauncerie a Cause A Case it is termed because according to the description of casus casus dicitur quandò prater efficientis scopum nec necessariò neque euidenti causa antecedente aliquid accidit the partie at the Common Law doth not of himselfe know the reason or cause why it is by law adiudged with or against him but it is otherwise in the Chauncerie where he is more able by light of nature to foresee the end and to giue a reason himselfe of his cause or matter The Iudge at the Common Lawe by reason maketh iust or putteth a finite determination of the Lawe but the Chauncerie adding nothing it onely maketh equall that is by the vse thereof it tendeth more to a perfection as when a Carpenter hauing cut his piller doth not so leaue but proceedeth to polish it whence it is said of the Iudge of the Common Lawe Ratio statuentis and of the Iudge in the Chauncerie Aequitas decernentis Where note that the Lord Chauncellor is entitled with a speciall addition of discretion because that he ought so to relceue the case of a priuate person as notwithstanding the prudence of the Law may be kept touching common profite for better is it to suffer a mischiefe to one man than an inconuenience to the whole Common-wealth and of this ballancing or discerning in causes may it be said of the Lord Chauncellor Qui sub libra mansuetudinis lenimento clementiae cuncta deliberat Now waying is not but of two seuerall matters so as in one scale is the Common Lawe in another Conscience yet not that the Common Lawe doth neuer ioyne with Conscience but because that Conscience cannot euer in all cases be joyned with the Common Lawes and is by reason of the subtill practizes of common persons to deceiue lawes so that the Iudge cannot so circumspectly pitch his hayes but that these crastie fellowes will finde cuasions for whereas Trespasse is described thus Transgressio est quicquid prater modum fit and the manner or meanes of doing being but ab Accident in outward things and the Common Lawe hauing abilitie to see no further such subtill deuisers will so handle those offences which they make as the causes of the same resting only inward in their hearts the partie grieued shall be left remedilesse at the Common Lawes wherefore in this Court is the matter brought to light from out his conscience and as for a Foxe which like as a Beare or Wolfe will not rudelie rush into euerie engyne made for his apprehension this grin as proceeding of further purpose is ordained as in case of a Pledge by Moses lawes the defendant was driuen to an oath to end controuersies 4 That notwithstanding the Lawes are imperfect yet that of them so much as they are they may be made an Arte. Because that Arte maketh nothing but of things alreadie made putteth a distinct determination 5 That the Lawe though infinite in practize is notwithstanding finite in precepts FOr that thing may be certaine finite and perfect in precepts which is vncertaine infinite and imperfect in practize and so do I desire to be vnderstood whereas I said before of Reason that it was imperfect wherby I meane the practize of Logique and so the practize of euery other Science for I doubt not but that there may be a perfect Logique Ptolomey to this purpose putteth a conclusion Certa possunt esse qua tamon sunt infinita which the Logitian as I take it expounding saith Rations certa sunt quae numero sunt infinita And to this purpose the Wiseman himselfe seemeth to affirme saying Mans wisedome is vnperfect and his knowledge in each Science vncertaine But who knoweth not that nothing is more proper to any thing than certaintie is to a Science concerning the precepts therefore must this vncertaintie and this imperfection be vnderstood of practize The Lawyer saith of King E. 1. Quam juste quàm misericorditèr quàm discretè erga subditos suos tempore pacis pacis author amator se habuit non ambigitur cùm tantae aequitatis sit suae celsitudinis cura quòd in ca nullus judicum tàm attritae frontis tàm temeraria sit presumptionis quòd à justiae tramite aliquatènus declinare aut aequitatis excedere praesumat By which speach as he maketh it plaine that the Law is an Arte and so finite and perfect so elsewhere though calling the Lawe an Arte yet comparing the same to the game at the Chests he calleth it both infinite and imperfect which we therfore must vnderstand of the practize as thus Haec quidem ars arts lusili Scaccarij rectè comparatur tùm quod vtraque infinita est imperfecta tùm quòd sicut Rex regem Scaccorum asfuta quarit subtilitate mactare sic pars actrix litigád vel disrationando reum nititur conuincere redargutum sua veritate vel cautela Againe of God it is said that his waies are vnsearchable and his pathes past finding out therefore mans doings may bee sought for mans doings may bee found out The Wiseman saith that it is The glorie of God to keepe a thing secret but the Kings honor is to search out a thing It is a mans honor to bring a thing to light as to make a Science of that which is obscure To giue some light that the lawes infinite in practize are notwithstanding finite in principles and reasons let it

minde straieth for want of good habite either when wee are deceaued in the Principles or in not exact considering of the particulars or else when the mind hath not gotten the masterie of the Affections but reason yeeldeth by reason of the continuall fight betweene the flesh and her Ruffians with the Soule which is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The warre of nature whence Ouid maketh Medea being in loue with Theseus to dispute her owne cause thus pro and contra Shake off if that thou mayst from maidens brest These flames of loue which thou doest entertaine Vnhappie if I could it were my best But this new force doth otherwise constraine And when that loue one thing perswades me to Reason another thing would haue me do Reason being at the last ouercome she thus concludeth I see the best and doe allowe the same I follow bad 7 The Aegyptians by an eye looking foreright in their Hierogliphikes betokened Prudence And thereto agreeth the common saying Remember the end and thou shalt not doo amisse which I vnderstand to be spoken not onely concerning death but also concerning the practizes of Studie 8 Soft fire makes sweete malt and Soft and Sure are the Prouerbes The words in this place are Bouinis loris An oxes pace for Softnes Ennius commendeth Fabius One man delaying hath restorde our wealth Not prizing Rumors higher than our health 9 That the shame of being foyled ought to bee a great encouragement to well doing whence Nestor bidding his sonne beware least in vnaduised driuing he should wound his horses and breake his Chariot he addeth what would thence followe Sport to thy fellowes but a shame to thee Considering therefore all so prudent bee Which in our purpose differeth not much from that of Horace Of idlenes contempt will growe in end Oh shame for me to liue without a frend And that of Virgil. He knowing his owne Vertues Very shame Doubled his strength and did his force enflame 10 Perseuerance is councelled which is hence noted in Antilochus that when Atrides being offended did counsaile him to driue after another manner than he did Antilochus without regard or feare Droue faster still as one that did not heare 11 In generall Arte is after one manner thus described Ars est 〈◊〉 consideratio ex finibus assumptis Arte is the consideration of causes from 〈◊〉 ends propounded according vnto which and orderlie consideration must be taken of the causes as it is in this other description of Arte Ars est ratio ordinem viam efficiens Arte is reason causing order and way That is ordering and making easie So that from both these descriptions one more plaine may be drawne which is this Arte is an orderlie consideration of the Causes from certaine ends propounded For that which in the latter is saide Reason is here Consideration Order is included by his Coniugato Orderlie way is an effect and no efficient cause of Arte for as a faire way is to a traueller so is a way made by Arte pleasant to a Scholler FINIS CERTAINE Generall Conclusions concerning the condition of our Common Lawes and that of the same there may be made a Science By R.R. c. Let no man seeke his owne but euery man anothers wealth 1. Cor. Chap. 10. vers 24. As when an Eunuch offereth violence to a Virgin so doth he which abuseth the Lawes Eccles At London 1587. Certaine generall Conclusions concerning the condition of our Common Lawes 1 That of many imperfect Lawes our Common Lawe as hauing fewer imperfections is most perfect THis shall be manifested by comparison First The Lawes of the Medes Persians were of such condition as that they might not be altered whereby was taken away that Rule which is the very Sinowes of all Lawes Quod inconsultò fecimus consultò reuocemus Like vnto these were the written lawes of the Athenians It is said of the Venetians who besides our Common weale are of all Nations in the world chieflie gouerned by Common Lawes of their owne He that shall substanciallie consider the manner of their proceedings shall plainlie see that all matters are determined by the Iudges consciences and not by the Ciuill nor yet by their owne Lawes but all good Lawes grounded vpon reason doo exercise a power ouer the Judge himselfe as shall be more plainlie shewed in the 9. Conclusion Againe it is said of their Lawes that in triall of matter vpon life and death the partie himselfe is neuer suffered to speake but he hath an aduocate for him and the Auagadori against him So that many times the person tarieth two three and sometime foure yeares or euer he come vnto his triall of life and death It is otherwise and better in our Lawe where the person is not onely suffered to speake but also diuers prisons haue bookes touching Plees of the Crowne by which some of them during the time of their imprisonment become so cunning as that they cannot onely iudge of their owne case but also instruct others whose cases are different from theirs besides the Sessions or Gaole deliuerie are often times so as the persons are not long troubled with the feare of death which is worse than death it selfe If wee shall compare our Lawe with the Ciuill Lawe a learned Lawier Master Fortescue hath giuen an instance how in the Ciuill Law triall is by witnesses onely but in our Lawe by witnesse and by the Countrey where also it is lawfull by iust proofe to except against a witnesse and where the Iurie if the action be locall of lands or houses is panelled from or as neere as may be to that Countie where the thing in controuersie lieth which is a speciall poynt in asmuch as in vaine are good lawes made if that in triall they may be corrupted Accipe sio legum errores crimine ab vno Disce omenes But our lawes as the lawes of the famous Law-giuer Licurgus are not written that is they are not therefore lawes because that they are written as those of the Persians and Athenians but they are yearely obseruations vpon manners as are our yeare-bookes whence it is said of the lawes of the Lacedemonians and so likewise many be sayd of our lawes Lacedamonij verò non jure scripto sed moribus tantùm vsu annorum comprobatis pro legibus vse sunt Ideóque Locurgus leges scriptas Spartanis nullas dedit sed omnium conscensu mores tanquàm silex edita fuisset experiundo obseruárunt hique adeò tenaces fuêre vt omni scripto juri anteïrent So that hence may be gathered two extremities one in attributing too much vnto the writing as those of the Medes and Persians and of the Athenians another in attributing too little to the writing that is to the written reason as those lawes of the Venetians betweene both these standeth our lawe neither giuing too much to the lawe which without good reason is written nor taking any thing from that lawe which is written with

Cassius of Parma his Orpheus With Nathan Chitraeus his Commentarie abridged into short notes most profitable for the framing of the manners of Schollers Translated and abridged by Roger Rawlyns of Lyncolnes Inne Student in the Common Lawes At London 1587. TO THE MOST HONOrable Lord the Lord Robert Earle of Essex and Ewe Vicount Hereforde and Bourghchier Lord Ferrers of Chartley Bourghchier and Louayne Master of the Queenes Maiesties Horse and Knight of the most noble Order of the Garter Roger Rawlyns wisheth the true felicitie RIght Honorable whereas Loue among men was sometimes of so great accompt as the same hath been taken to be the first and chief cause of a Common-wealth and not vtilitie as affirmeth the learned Scot which enforced men by a naturall instinct to communicate their priuate labors to publike vse being for such their loue requited with the loue of those whom they did so benefite Now the matter is cleane contrarie for who is more misliked of the worst which are the most than he that studieth most to common profite Which consideration as it hath been one hinderance to me in my Studie the more is my fault so is it the cause why I purpose to suppresse to the vse only of my priuate friends that which otherwise I could be contented should bee common And although they can by no meanes occupie either their Sense or Reason but the same will leade them perforce vnto a thankefull remembrance of our fathers who haue by cunning either ordered the nature or inuented or ordered the qualities of things in a most pleasant course yet they themselues haue no care to practize in the like manner for their owne ease and helpe of their posteritie suffering their knowledge gotten in the time of their life to depart with their last breath And some more vnlouing than others neither will themselues neither will they without reproches suffer others to labour in like practizes of Arte seeming of condition somewhat like the man that being cured of follie was highlie offended affirming that he neuer liued so pleasant a life as when he was a foole So as we may see except it be in some men more Christian than others now churlishnes to succeede loue vnthankefulnes thankefulnes follie wisedome that being most true in the multitude which luuenal saith of his times The earth doth now bring foorth of bodie small Bad men of little wit or none at all But to the Cause the Scope and Center of all my speeches that is concerning the Arte in studying or ordering the Common Lawes as I neuer fainted in opinion that the same may bee performed and in what manner as staying my selfe vpon Principles which of their owne nature are inexpugnable and feare not the frowning of a Censurer So doo I feare nothing more than that I haue small part in the same performance for I am hindered in the meanes which are said to belong to a Student of the Common Laws that is to be leade in his seate to haue an yron head and a golden purse For the first how little time of late I haue sate at it they could be are me witnes that haue been acquainted with my busines For the second how greatlie I haue been distracted I my selfe knowe Nec ostentabo vulnera sicatrices meas For the third my purse was neuer so heauie but that I could lift it without helpe Moreouer I finde with some griefe by obseruation in other men that he that practiseth in any publike cause as Cardanus saith setteth to sale his owne imperfections his faults will swell in the eyes of his Aduersaries he must subiect himselfe to infamous slaunders enuious reproches and contempts which notwithstanding ought againe of him to be contemned Vt derisores nostros de sumno quasi despicientes derideamus Yet herein I doo content my selfe as he to descry land whereunto the Pilot must guide the ship or as a weake wretch to giue aime vnto others whose strings I am not able to stirre and whom I wish may strike the marke London this 27. of September 1587. From Crowne Court in Chauncery Lane Your Honors most humble Ro. Rawlyns ILLVSTRISSIMO DOmino Comiti Essexio studiosorum omnium Mecaenati R. R. hanc Chartam honoris causa dicat consecrátque CVi obsecro haec potiùs dicarem quàm tibi qui nobilitate excellis Nec sinis ingenium nobilitate premi Quare Iuris meum Compendium non potest solùm meam in te obseruantiam apud omnes testari sed etiam te huius sanctissimae disciplinae admonere Sanctissimam disciplinam appello quia tecum loquor cui non est ignota eius praestantia diuinitas Dubitarem sanè ita loqui si cum ijs sermo esset qui cùm artem sibi necessariam ignorent eos odio prosequuntur à quibus intelligunt seeo nomine superari cupiúntque nulla esse iura nullas leges quo faciliùs arbitrio suo belluino omnia turbent Sed fremant qui volunt dicam quod sentio Praestat iudicandi scientia iudicandi potestati dignus igitur qui praesit iudicio praestat Iudici imperito Haec omnia tu optimè scis Itaque ad te libentèr veniet ars illa quae iudicandi normam tradit quae diuinas humanásque res disponit quae omnes homines in officio continet malos poenis coercet bonos praemijs afficit vt vno verbo dicam humanam societatem conseruat Inquit IVLIVS PACIVS Petro Saletano epistola sua in quatuor libros Institutionum IMP. CAES. IVSTINIANI Tui honori deditissimus R. Rawlyns To his louing Masters and friends the Students of Lyncolns Jnne R. R. wisheth profite and pleasure in their studies MOst beloued Gentlemen I haue herein desperatelie aduentured vpon your fauours hoping that you will take affection for satisfaction where iudgement is wanting for currant payment If I haue offended through follie or imperfection you may giue me thankes for that because therein is exercised your wisedome and patience as Saint Paule speaketh of himselfe wisemen can easilie beare with fooles If you shall iudge me of presumption as the Prouerbe is Sus Mineruam why then alas pardon that too I most hartelie pray you for I must confesse without flatterie that I doo so much the more feare your censures by how much the more I long after your goodwills The best for me is that the price of my bookes is but your pardon and loue which ye may giue without cost and which if ye shall denie me yet will I not cease to loue you and to cloy you with my countrey fruites Your most louing friend and seruant Ro. Rawlyns Of Cassius of Parma the Author of this Fragment COncerning the Author it is thought that this was the very same man of whom Horace maketh mention in the 1. of his Satyres the 10. booke verse the 62. to this purpose Not otherwise then when a man hath brought His mind within the compasse of sixe feete Pleasde herewithall