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	law_n	person_n	1,451	5	4.8874	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79999	Englands compleat law-judge, and lawyer. Declared in these ensuing heads; 1. Whether that law and those judges and practizers owned time out of minde by the supreme authority of the nation, be not the laws, judges, and lawyers of this Common-wealth, &c. 2. Whether courts so constituted are not records of the nation. 3. Whether each court hath not power, as such, to enforce its owne decrees. 4. That the decrees and usages of such a court are as valid as of any court. 5. Whether it be not against reason, that when divers courts in the same nation act by divers lawes, one of the courts should have power to prohibit the other to proceed to bring the matters in difference before it self. 6. Concerning judges of appeale.	Cock, Charles George.; Paget, Thomas, d. 1660.	1655 (1655)	Wing C4788; Thomason E860_3; ESTC R206642	21,704	41

whose bottome each Bucket cannot arrive at It 's given to them that seeke after it that is by due search and enquire into each particular action and qualification of himselfe and others for he must read himselfe well who will know others aright You are Sages men quick and ready from long experience to determine not onely in the deeper questions and resolutions of the Law but also in the nice quaint subtilties of wit and practice I justly apprehend my inability to bring forth ought worthy your view but I seeke not applause nor acceptance to or for my person but my aime desire intention and prayers are for the publike for the good of the Common-wealth that each person in his place and each place to the person might be so setled constituted and fitted that the establishing of part might but make the whole more glorious and lasting It is an age of Interest great never greater your places are high and your patterne will be exemplary If ought here convince you that any thing may be done for the bettering of the Common-wealth be active in it delay not it 's a season of Judgement as well as Interests and it s truly noted neither have Mercies allured nor Judgements terrified hitherto You know not onely the secrets of Government but of Judgement you may thence conclude how much more wisely God deales in his both governing and judging the world It s a truth in Politicks to the State as in reason to the person Laws must be as well fitted to the times and offences as cloathes or shooes to the body or feet Was it not a Tyranny to cut the stranger shorter that lay in the Tyrants bed to the dimension of that as well as to stretch him that was too short to the length There must be a jealousie lest the Lawes be altered and the principles of property and priviledges lost by degrees but let it be so that we lose not more by the contest then we can gaine by having them You are to declare the Law but Evidence that Law salutary to the people or you ruine us You say better an ill Law then none And I say better Judges to execute necessary power though it be a question whether legally they have that power so it were fit they should have it then to let people do injustices for want of a Law or power to enforce that Law I leave the thing with you the Lord set it home to your hearts that what is just may be done justly and the cry of the oppressed may cease In prosecution of which I shall ever begge the assistance of heaven upon you and your endeavours and labour to approve my selfe a friend to Englands Law my birth-right and Right Honourable Your servant Theophilus Philopatros TO THE ENGLISH READER I Have little to say to thee each man is not fit to judge of all things my scope is but to shew thee a truth which hath beene much endeavoured to be kept from thy knowledge Namely that all the Administrations of Justice in England by what Law soever called as Common Civil or Equitable all make up but Englands Law and you have an equal Birth-right to all I agree they may be altered according to the Rule of the Nation And then I say that alteration is the Law So that I would not alter the Law nor oust the Common-Law nor introduce the vaste body of the Civil Law no I am to have Lawes plaine and easie but Judges deep and searching I desire certainty in Courts and ascertaining the Jurisdiction of the Courts and because difference may be while some things may equally participate of both Lawes so it may as to some part belong to one Court and other part fit to be tried in another upon the rigid letter of the Law It may belong to a Common-law-Court and yet the just decision of the Case from the nature of the Contract necessarily require the Rule of the Civil-Law That there may be a way to settle this controversie before great expence be and then to have it removed And that as the case now stands upon so visible an Interest as hath nothing of Reason to warrant it is this intended Boggle not then at this nor at the Author who professes to love God and his Countrey and would not then do ought tending to subvert Englands Law or take away the least due priviledge of an English man Therefore that you may duly endeavour it praying for it and justly submitting to it when settled is the sole and utmost end with Gods glory of Theophilus Philopatros ENGLANDS COMPLEAT Law-Judge AND LAWYER ENGLAND hath alwayes without question had Courts wherein the principal part of the Law administred was not according to any particular part of the owned common-Common-Law of the Nation but according to the ever used and accustomed Law of those Courts set up for administrating Justice to the people of the Nation in special Causes Concerning two parts whereof I principally intend this discourse The first doth generally concerne the people of this Nation The other concerns equally any other Nation in the Universe That which concernes the people of this Nation is the Court now commonly called for Probate of Wills and granting Administrations The other which concernes all people or may concerne them is the Court of Admiralty so called being a Court properly not onely accommodated with Lawes and Rules for Trade and Commerce by Sea And with Nations and people using Lawes diverse from the Generality called Municipall Law of England yet generally received in the Judicatories of most of the European Nations All which with England being originally Limbs of the vast body of the Romane Empire have universally retained the Lawes or the generality of the Lawes of the old Empire but yet have their Municipalia still though their procedures be in them generally by the Rules of the Civill Law so called they admitting no diversity of practizers in their Lawes as with us but both the general Law of the Empire with them received and the Lawes of their particular Princes Diets Parliaments and Assemblies are equally owned the Law of that Land Nation or people and the Doctors of the Lawes as such pleads both as occasion requires without controversie of Courts or practizers while here many controversies have arisen to the obstructing of Justice and infinite dammage vexation and charge of the people and to the dishonour of the Nation at home and abroad The controversie I shall endeavour to render as truly and perspicuously yet as briefly as may be and therefore shall handle it under severall Heads As first 1. Whether that part of the Civil-Law which hath beene time out of minde received used and allowed in publike Judicatories authorized by the unquestionable Supreme power of the Nation in Parliament be not to be received as and is part of the Law of the Land and consequently the Judges of those Courts Judges c. and practizers practize of c. 2.

all the ingenious spirits intended that way and all men know if you keep not up the particular part the speculative will be weak and low Take a contemplative man from his study to the Bar his learning wil but render him more ridiculous from the greatnesse of expectation he can do nothing But to return you will say the case is opened to the Judges I say it is by Common Lawyers whose interest it is equally if not more then the Judges to have the Cause in that Court so that there is interest upon interest and where should they now sue for a consultation either Judge as Bishop which ought to be or party then there was great conscience to defraud the Churches or Court-Christian of any due Excommunications were feared now there is as it were a feud which all the learning of the Civil Law for Pope interest sake I say therefore the intetest being clear the reason is evident they ought not to be Judges for they are parties in this quarrell But it will be said the Judges at Westminster are specially trusted with the observance of the Lawes and have as it were the trust of general Inquisitors for the Publique good so as to see to the Regulating of all Courts and though the Civilian may plead and urge the meaning and intentment of his Authors yet the Judges of the three Courts at Westminster are to Judge of each Act of Parliament Really I from my heart shall yeeld the Honourable and learned Judges all their dues to my utmost but I must say they ought to hear what can be opposed the interest of their Courts is plaine so that as things now stand it may be should they admit Doctors to plead in case of prohitions and questions of Civil Law cognizance their determinations might be the more warrantable But not hearing any but Common Lawyers the complaint of suitors carry something of credit with them Indeed were the Judges at Westminster as at first speciall conservators of the Law the Princes Councel alwayes advising him and informing him of the Law yearly visiting the Counties as the Prince each fourth or seventh yeer to see to the equall Administration of Justice according to the Plot of Englands Government I should and ought to hold them as indifferent Judges betwixt two other Courts but as now gathering all the businesse of the whole Nation to the sole determination I can see it but not the reason of it no not one Iota or Tittle and yet I think my self no enemy to the Judges or the Law of England who would have it a just balance in each part of it which God grant And so I passe to the consideration of Judges of Appeales which briefly holds forth the expedient to all these contests 6. Head We use in England in all Courrs when that called the Civil Law hath its course not to bring the appeal by Writ of Error to the Judges at Westminster but by Appeal to several persons which may justly be called Delegates and they are of several sorts some onely to Doctors some to Judges of the Common Law and Doctors wherein there is a Quorum and those are Judges of the Common Law others are to Judges of Common and Civil Lawes Doctors and men of degrees rankes and qualities whatsoever but unlesse it be that all to Doctors they are so incertaine a Court to get together having no incouragement to come together but their affection to the case that it s so extreame dilatory that he that gets the money in hand to come to that Court may account it halfe as good as his own It s in some part a great cause of confusion for from the many cases all the Doctors are ingaged at the same Court both as Judges and Advocates and so the same person now a Judge presently an Advocate then a Judge againe were it not grown to such an Abject condition that there are few or no spectators it would be ridiculous But this is tolerable because Justice may be done which is the maine work but the great fault is men are chosen Judges by parties and especially in cases of marriage of their most confiding friends all given in by one side and though there be noble and learned persons Approvers yet they cannot discerne the interest Therefore to remedy all these evils of contentions 'twixt Courts as well as parties it s of necessity to keep a Classe of Judges as the Original settlement of Englands Laws intended fitted for and onely to be imployed in the determination of all cases that can fall out in England c. Who shall not Originally hear any case but shall be Moderators in all cases of all Lawes Common Civil or Equitable and in case any Ecclesiastique power should ever have head of that also both as to difference 'twixt Court and Court and also to decide and determine all Appeales in cases Appealable for it is fit to bring all cases to appeal and determine all such cases and differences as there arise speedily and summarily hearing Court and Court as well as party and party there coming nothing before them to be tryed by Juries but onely upon the rigor of Law which will indeed and really according to Englands good Law given the people Justice and well will it be if such Judges be appointed as they may have it as the Law pretends at their own doors according to a setled Rule I well know there are objections of no weight offered scatteringly by way of Oratory now and then at some publike meetings against this offered let them give them openly and in certaine conclusions that they may be brought to the Test either of Law or Reason that we be not blindfold led out of the just path of Englands Law which holds a just balance Originally 'twixt Prince and People Court and Court party and party which should be the endeavour and prayer of all good men FINIS