Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	bring_v	case_n	1,979	5	6.5772	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A97210	The Royalist reform'd or Considerations of advice, to gentlemen, divines, lawyers. Digested into three chapters. VVherein their former mistakes are examined, and their duties of obedience, unto the present authority, succinctly held forth as rationall, and necessary. / By Albertus Warren, Gent.	Warren, Albertus.	1649 (1649)	Wing W954; Thomason E582_4; ESTC R204579	31,154	49

in England reckoning upon a true accompt beside running solicitors infinite this most superfluous brood maintained only by prosit arising by Law is generated not through defect in the fun damentall part of our law neither doth it require such Multiplicious managery were the wayes and means tending unto the iust ends of law explained smoothed made right and shortned for prevention of which ambages and circuit in actions these two rules are very in my poor judgment expedient as a preparatory to more 1. That the generall Issue be pleaded in all actions 2. That good Costs be Ordered upon unjust Sutes and Iudgement for them presently awarded The Attorney will instantly cry out What then shall become of all our President Books if the generall issue be pleaded It were very hard if a People should generally suffer for feare they should make their presidents uselesse The like will Counsellors alleage when thousands of Fees in a terme shall be saved by Generall Pleas. Thus lawyers you seek a preservation of your owne Interest in the distemper of our whole Nation As the Case now stands he that hath the weightiest purse many times carryes away the Bell right or wrong for any man may bring Error upon Error even in personal Actions and men are tyred out with seeking for their owne A man may outlaw his Neighbour for a cause or without a cause the remedy against the Sheriffe is troublesome and most-what worse then the disease the grounds of these proceedings I know but they are damnably abused Sheriff cry out as much against Chequer mens abuses not without reason No uninterested man can plead for continuance of these and forty worse inconveniences which may in due time be represented Attorneyes would get more mony I am sure more honestly if practice were contracted for as things are needlesse lazie standing Officers Monopolize making up a processe and transactions Attorneys lay out their mony getting it againe with curses in the Country while trudging up and down they can get besides cutting and making or sharpning good hand-bills but ten groats a Term. In so much that it is now as essentially necessary for an Attorney to be a good foot-man as not to have a soft place in the hinder part of his head And who will not stand amazed that is not a corrupt Lawyer when it shall be truly told him the mystery of an Attorneys trade is greater then that of a Counsellor That the smallest actions tryall will cost at Westminster six or seven pounds where shall a poore man have it That men must pay Fines for liberty to enter Actions by originall writ that money must be paid in the pound for damage laid and damage cleere that one Court never gives lesse then forty shillings costs upon judgements by default or consent the other seldome more but when finable then Twenty That Allegories are ordinary in Law suggestions both in cancellarian and legall proceedings That by laying an Imaginarie Mutuatus a man may bring an action for a shilling in the Courts at Westminster That the same costs are given where the Damage to the Plaintiffe appears not to have five shillings as where the Plaintiffes prejudice was forty times as considerable That a petty legall Tyranny is howerly exercised by forreyne North and Western Attorneyes by reason of the distance of the places from London But time will not permit let these hints suffice at present till more leisure to remonstrate how necessary Law Reformation is and how farre from an happy and well ordered Polity Englands Administration is till these things be reduced into order and pragmatick busie Lawyers whether qualified or unqualified be restrained from taking advantage of these laxations in the practick managerie of Law Authority cannot do all at once wise men know every Commonwealth is judged by what is commonly and ordinarily done and it is a very hard thing to prove Common Barretors Is there any man so sencelesse to think it a sin that either that Law against them or any other Law humane be corrected usage is an Asse when time comes in umpire of practise Lawes are cancelled when obsolete or noxious soft or cruell disconstitutionall or idle for a people when organically they are imperfect and selfe Ministers accidentally though good of bad manners In order whereunto to make out my assertion domestically lest I should seem to owe more unto the nimble wits of these days then unto that great reason without vanity be it spoken I am able to bring for translating our Lawes into the English tongue I will here declare my well wishes that it might not any longer be lockt up in an unknowne Barbarisme or impectorated with a few The dangers conting ible in possibilty must be rare by it's Englishing the advantages very considerable when being reduced from her loose expatiated volumes under Alphabetick divisions shee shall wed an English Government of simple lustre This is the way to put her into a capacity of winning her causelesse Enemies unto obedience of her just sanctions she will then more cleerely evidence being a little reformed by competent hands it was ever and is still in part her Midwives either nescience corruption or retchlessenesse which hath hitherto caused many of her Children to grow Ricketty In her the cause is not yet are not her gray haires signes of perfect wisdome Men talke of morall Equity right Fredome from Ty●ranicall usage I dare maintaine it untill every one as an English man may freely read his duty in English and look into that which must regulate his deportment and interest Civill not representable by Statutes and thereby discerne the necessity of some times admitting particular mischiefs rather then generall inconveniences Vaine have been ever will be all arguments or pretensipreferring respective discretion of precedent present or future Law-givers Thus may the Reason of Law be cleared and upon what grounds prudence and respect unto morall equity of Iudaick lawes lawes of England are founded Neither is it ever expectable vulgar heads can be reduced from generall prejudice against our Lawes while they are looked upon as inconsiderable or unfit objects of Pitty and no expedient laide for their satisfaction in their just Cavill against Law language that Relick and badge of our Norman slavery I can admit the current of that Objection viz That ordinary men will not be much wiser for it's translation But certainly it is impertinent for they will be better satisfyed if not with the reason of the Law because perhaps they cannot reach it yet will this Cordial refocillate their spirits because then it shall lye in their owne Powers to be their owne Counsellors Besides it may be well supposed upon Englishing of it the people will not so much murmur and repine at Iudgments and decisions given in Courts of Justice When as all along both plaintiffe and Defendant may track with much facility those paths wiser heads have chalked out for preservation of Common right and reciprocal Iustice between partyes

others meere Schollers would be avoyded by Gentlemen in point of consultation of the times for they are only skilled in Contemplation and the chiefe books about governments were written in old darke times when Tyrants were the only Kings and doubtlesse people had not that vivacity of understanding what it is to be envasseled unto despoticall Arbitrary powers in those dayes wherefore how is it likely that Academick men tuter'd up by such Masters as the Vniversity afforded Apes only to those books whose interest and dependancyes were linkt to the Royall Seat and who were not preferrable unlesse of a temperament ready for asserting of a Monarchicall and Episcopall governments should well direct you I see not No man alive honors Learning more then my selfe though the tennity of my capacity be such as can add no honor unto it But temper and reason must guide the opinions of Ayrie termes and Metaphysick notions otherwise how mischeivous they are when falling upon eyther a vile or towring Spirit is ordinarily discerned yet may it be lawfull to affirme that Schoole learning poysons some constitutions God is judge of my candid ambition in these Papers So far prudent I would have Gentlemen as not in indifferent things irrationally to strive against the Bent of Heavens decree least by rash and needlesse extravagancies you compell Authority unwillingly to make you get power a thing truely I hope not desired by Authority How much wiser will it be for Gentlemen to keep their heads above water in these present currents since we are in England yet thanks be to God bounded with Lawes where a well compos'd man may enjoy freedomes of conscience ayre books and recreations And although you judgements be not wholly satisfied of the lawfullnesse of somethings yet let reason teach us all that however it happen we are now in a most fair way for getting most wholesome Lawes established though with alterations of some old ones such I say as that if God will afterwards in his high discretion introduce a pristine forme of Government instead of the present existent those after Ages will blush to abrogate what so wholesome by present Law-givers have decreed Neither let the fancies of those men who too much affected either with an over-weening apprehension of their owne skill or deserts or precipitantly carried on by a secret divine power for houlding forth Gods work er'st prime instruments in those actions wherein the Parliament hath so mightely prevailed bustled somewhat this Summer but more dangerously the last before this speaking perhaps somewhat beyond themselves in some particulars yet to wise to endeavour a parity in Civill Administrations let not such I say befoole you into groundlesse hopes nor cause yet in Gent. a further abhorrence from condiscending to Superiors for of this be assured If you act as common enemies let the embers of such impolitick drifts blaze when they will that flame will beget a surer fixation and conjuncture against the common Enemy and it shall prove a meere exhalation but the matter of it will light upon your heads The main pretensions of many now mingled discontented and ignorant parties beside the old royalists are in effect these scilicet That the present Authority at Westminster hath not done such and such acts in pursuance of such premised forms and modes of actings in civill matters Qui judex est Rei judex est causae their own concessions will stiffle their own arguments which grant the parliament supreme and of power to give Lawes and definitive sentence what then if intentions in things purely morall were premised might not such reason interveen as might cause them not to alter resolutions perhaps but de mado to traverse their own tempestive and opportune votes as tempestively opportunely as prudentially as providentially causes changing and with as great reason to retract as art Their unhappinesse lies only in this that enduring so great and multiplicious cares they cannot possibly preamble every vote or art at large this may excuse them since it must be granted by common indulgence though few observe it that the reason at large of few statutes can be prefaced unlesse the preface or preamble should swell beyond the Law like the gates of Mindus wide enough for the City to run out of it The nescience or at least neglect of which knowledge hath sometimes it is probable exposed the houses Declarations to unworthy scandalls because of the seeming diametricall oppositions in severall ordinances of one indiction to another and yet these are not opposite sences nor contradictions in the adject but an alternate effluxe of discretion in emergencies of necessity requiring such refractive docision adapted both upon rationall grounds which alas is cleared unto us as lawfull in Domestick affairs where alterings of resolutions was never but as it may be circumstantiated nakedly a sin or accounted so and in truth can no more be imputed as declivitie from right reason or understood as inconstancy then when a man shall say he will ride to London such a day perfining unto himself his end in that journey when in the mean time by some intervening accident his end is atteyned and journey to London stopt Vpon this discretion of alterration all humane laws depend this is now very remarkable to my apprehension not so before but I the rather now confesse it because I think it most ingenuous so to do and heartily wish you the same light be not ashamed to make recognition of extrication from errors as to heaven and Earth I am now presupposing your discretion Gent that there may be chang of governments in Kingdoms and that there is no necessity of an identicall government come to shew you some thing in reason why I think Monarchy will cease here advising still obviously as occasion happens Before I come to that the Pragmatick Lawyer will draw me aside into admiration who the better to bolster up his Diana says that the Priviledges and Prerogatives of Kingly Government which I know is also Gods Ordinance is of indiscensible divine right truly no sound Theologist but will acknowledge other formes also so to claim but neither of them all of an indispensible necessity but the truth is they of the Book law in this state have borrowed many shifts out of the Civill Law to make good their assertions used most what in times of absolute regall unlimmitted power and insensibly put upon us by cowing out the peoples spirits no lesse by Pontificiall then Monarchicall usurpations To the Lawyer we intend to speak apart But that it is now verie probable Government by a King wil cease in this Kingdome upon serious consideration of matters and things no temperate man will deny I am none of those who build their confidence of it's ruine upon pretended prophesies neither upon judiciall Astrology but by the Star of humane reason and by comparison of past and present transactions neer guesses are often made yet I suppose letting passe remote causes it will be worth while

to consider the infinite successes on the Parliaments side for it is not so heathenish as some would have it in all cases to judge of matters by event that perclusion of censures by contingencies must as I take it be referred or understood with reflection to the fortune or accident of some particular sights or singuler manageries of some few actions by party against pary as the Jewes against the Philistines our case is otherwise and not merely fortunable for we have for 7 or 8 years observed how all open force upon equall congresses private publique stratagems and machinations plots and contrivances for morall advantages carried on many times by persons of extraordinary capacities Heavens ayd being solemnly as in appearance pray'd defections of Trustees from the State or whatsoever else tentations for re●se●ling the late King and his Interest have been fruitlesse and which is much by how much more likely any thing was to take effect God in its prevention and frustration cassating men's policies in their height hath then in such nicks of Time made bare his arme against it and notably blasted the managers of such devices It is confest the calmest of Gentlemen object not impertinently how all Histories witnesse that God hath permitted wicked parties to do great matters against a better cause slaves say you have envassaled their Masters Rebells such is your language have slid into Soveraignty But I am confident no History can paralell our times observe the difference here God hath suffered not one partie not the ambition of one man not sometimes the prevailing indirect partie of our Corporate body to carry on his work his Divine Majesty hath often by strange alterations done wonders by those whom presently againe he hath cast of discerning falsehood from truth rallying up publick spirits when there was inhumane judgement little hopes of such helps and in the close hath set up this new Modellizd army thought very inconsiderable which as a clowd hath obscured by its atcheivements as wel Martiall as Civill even I say with a Curtaine of terror and obliv on hath darkned all former victories and actions since this Parliaments first convention whence it is evident looking well into things and persons now at the Sterne politick and martiall that they who in your apprehentions long ago did hatch these alterations are if it were so prevented of their deep and secret hopes and this present supremacy or persons acting in it in respective capacities called to act but of late in respect of such old contrivers could not orignally be guilty of such ambitious designes I am sure small hopes they had in their privat capacities of those great honors and trust whereunto providence hath now called them and fastened upon their sholdiers Neither the late Kings great knowledge errors or unfortunacy were obtruded upon these Kingdomes by accident providence also would have it thus and undone it cannot be hee is a foole that wisheth it It is above me to dispute what poor hopes his issue hath actually to were the Scepter of government here yet I beleeve the Spanish example in 88. will startle many sorreyners when especially they shall consider our present posture of defence and offence We might go backward and see what the Pore supposedly Christs Vicar could doe to England in H. 8. time upon our politick defection from him I will not deny but God may permit us againe to be governed by a King but few examples can be produced of any people having shak't of that government over whom Regal interest could presently prevaile that introduction of Kings upon the Romans after expulsion of their Tyrants was late and after many ages It is fresh in memory how Queen Elizabeth assisted the Hollander against Spaine a thing held lawful then evinceing thereby that species of government are of a politick not religious concernment the mediocrity of Specifical modes of governing is Analogicall respecting times persons and safety of Nations governed However it is scarce possible for a King to be vested with government here without an absolute conquest and that by outlandish mercinaryes our condition then must be bad enough we shall pay full dearely for a King When safety outweighs Danger he is a foole that neglect it when danger out weighes safety he is silly that attempteth it What ever Heaven will must come to passe leave these things to God nothing of humane passion can hinder his designes therefore come it to passe how it will as to resetling of pristine interest or not whereof there is so slender hope better it is to be a Willow then an Oake And for our meane carriage let us not so much examine other mens Religion as our owne sooner or latter most of you must come to my humor of Reformation But I perceive there is one thing stumbles many Barbatulous Ladds amongst you enough many think to foment disaffection and make any man a Malignant And that is a putting downe of Stage playes Alter but the Scene and many Pulpits will be as whimsically apish to your wild sence and for sevearer Eires of Gentlemen the Tragick Commedy of flacessent Tithes supercilliously acted every seventh day by the Pulpits-demised premises terribly deploring the but necessary regulating of them is super excellent wherein least you should be wanting that have right of Presentations I have lately observed how unable you are O strong Policy upon all lapses by Gods privation in preferring a pontificall creature for feare the Respective Parishes should petition for election of their Minister A thing so reasonable and just as nothing can be more equitable Thus we shew our teeth cannot bite foreseeing not how easily one lift of the Soldiery can scatter and dismantle that weak excrescent Babel no hard matter to be done because already most Ministers languages are different and their doctrines like convertible responds of an Oricle Cease then to wonder why generaly Ciergy men neigh after new quarrels and combustions continually yelp and bark against Armyes peace and settlement under present authority since it is evdent there is good cause for such excursions aswell regarding their double malice as policie their malice against all not crediting their doctrines to be EVANGELICA●LL though never so carnal their pollicies in begetting troublesome matter for Ephemerides or Journall Book whose matter dilated upon is of great effieacy for spinning out discourse till the hour-glasse become as empty above of sand as their Braines of true knowledge I beseech you Gentlemen be not too much prejudiced against private exercises in Religion for Charityes sake I will suppose though they in your judgment may misse in circumstance yet there is much of devotion in them Churches and houses are alike in themselves but as they are circumstantiated And my conscience forces me here to discover how rationall the objection raised by some no fooles against the more Publick and solemn dispensations of Divinity in Churches is in my apprehension viz. We cannot say they make answer in