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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	court_n	1,554	5	6.9960	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49890	Plain dealing, or, Nevves from New-England a short view of New-Englands present government, both ecclesiasticall and civil, compared with the anciently-received and established government of England in some materiall points : fit for the gravest consideratin in these times / by Thomas Lechford ...; Plain dealing	Lechford, Thomas, ca. 1590-1644?	1642 (1642)	Wing L810; ESTC R12846	46,269	88

the Assistants And after every new election which is by their Patent to be upon the last Wednesday in every Easter Terme the new Governour and Officers are all new sworn The Governour and Assistants choose the Secretary And all the Court consisting of Governour Deputy Assistants and Deputies of towns give their votes as well as the rest and the Ministers and Elders and all Church-officers have their votes also in all these elections of chiefe Magistrates Constables and all other inferiour Officers are sworn in the generall quarter or other Courts or before any Assistant Every Free-man when he is admitted takes a strict oath to be true to the Society or jurisdiction In which oath I doe not remember expressed that ordinary saving which is and ought to be in all oathes to other Lords Saving the faith and truth which I beare to our Soveraigne Lord the King though I hope it may be implyed There are two generall Courts one every halfe yeare wherein they make Lawes or Ordinances The Ministers advise in making of Laws especially Ecclesiasticall and are present in Courts and advise in some speciall causes criminall and in framing of Fundamentall Lawes But not many Fundamentall Lawes are yet established which when they doe they must by the words of their Charter make according to the Laws of England or not contrary thereunto Here they make taxes and levies There are besides foure quarter Courts for the whole Jurisdiction besides other petie Courts one every quarter at Boston Salem and Ipswich with their severall jurisdictions besides every towne almost hath a petie Court for small debts and trespasses under twenty shillings In the generall Court or great quarter Courts before the Civill Magistrates are tryed all actions and causes civill and criminall and also Ecclesiasticall especially touching non-members And they themselves say that in the generall and quarter Courts they have the power of Parliament Kings Bench Common Pleas Chancery High Commission and Star-chamber and all other Courts of England and in divers cases have exercised that power upon the Kings Subjects there as is not difficult to prove They have put to death banished fined men cut off mens eares whipt imprisoned men and 〈◊〉 these for Ecclesiasticall and Civill offences and without sufficient record In the lesser quarter Courts are tryed in some actions under ten pound in Boston under twenty and all criminall causes not touching life or member From the petie quarter Courts or other Court the parties may appeale to the great quarter Courts from thence to the generall Court from which there is no appeale they say Notwithstanding I presume their Patent doth reserve and provide for Appeales in some cases to the Kings Majesty The generall and great quarter Courts are kept in the Church meeting-house at Boston Twice a yeare in the said great quarter Courts held before the generall Courts are two grand Juries sworne for the Jurisdiction one for one Court and the other for the other and they are charged to enquire and present offences reduced by the Governour who gives the charge most an-end under the Heads of the ten Commandements And a draught of a body of fundamentall laws according to the judiciall Laws of the Jews hath been contrived by the Ministers and Magistrates and offered to the generall Court to be established and published to the people to be considered of and this since his Majesties command came to them to send over their Patent Among which Lawes that was one I excepted against as you may see in the paper following entituled Of the Church her liberties presented to the Governour and ●agistrates of the Bay 4. Martii 1639. Notwithstanding a by-law to that or the like effect hath been made and was held of force there when I came thence yet I confesse I have heard one of their wisest speak of an intention to repeale the same Law Matters of debt trespasse and upon the case and equity yea and of heresie also are tryed by a Jury Which although it may seeme to be indifferent and the Magistrates may judge what is Law and what is equall and some of the chief Ministers informe what is heresie yet the Jury may finde a generall verdict if they please and seldome is there any speciall verdict found by them with deliberate arguments made thereupon which breeds many inconveniences The parties are warned to challenge any Jury-man before he be sworn but because there is but one Jury in a Court for tryall of causes and all parties not present at their swearing the liberty of challenge is much hindred and some inconveniencies doe happen thereby Jurors are returned by the Marshall he was at first called the Bedle of the Societie Seldome is there any matter of record saving the verdict many times at randome taken and entred which is also called the judgment And for want of proceeding duly upon record the government is cleerely arbitrary according to the discretions of the Judges and Magistrates for the time being And humbly I appeale to his royall Majesty and his honourable and great Counsell whether or no the proceedings in such matters as come to be heard before Ecclesiasticall Judges be not fit to be upon Record and whether Registers Advocates and Procurators be not necessary to assist the poore and unlearned in their causes and that according to the warrant and intendment of holy Writ and of right reason I have knowne by experience and heard divers have suffered wrong by default of such in New-England I feare it is not a little degree of pride and dangerous improvidence to slight all former lawes of the Church or State cases of experience and precedents to go hammer out new according to severall exigencies upon pretence that the Word of God is sufficient to rule us It is true it is sufficient if well understood But take heede my brethren despise not learning nor the worthy Lawyers of either gown lest you repent too late The parties in all causes speake themselves for the most part and some of the Magistrates where they thinke cause requireth doe the part of Advocates without fee or reward Most matters are presently heard and ended the same Court the party defendant having foure dayes warning before but some causes come to be heard again and new suits grow upon the old Profane swearing drunkennesse and beggers are but rare in the compasse of this Patent through the circumspection of the Magistrates and the providence of God hitherto the poore there living by their labours and great wages proportionably better then the rich by their stocks which without exceeding great care quickly waste A Paper of certaine Propositions to the generall Court made upon request 8. Iunii 1639. 1. IT were good that all actions betweene parties were entred in the Court book by the Secretary before the Court sits 2. That every action be declared in writing and the defendants answer generall or speciall as the case shall require be put

in writing by a publique Notarie before the cause be heard 3. The Secretary to take the verdicts and make forth the judiciall Commands or Writs 4. The publique Notarie ro record all the proceedings in a fair book and to enter executions of commands done satisfactions acknowledged 5. The fees in all these to be no more then in an inferiour Court of Record in England and to be allowed by the generall Court or Court of Assistants The benefit hereof to the publique good 1. IT will give an easie and quick dispatch to all Causes For thereby the Court and Jury will quickly see the point in hand and accordingly give their verdict and judgement 2. The Court shall the better know constantly how to judge the same things and it is not possible that Judges should alwayes from time to time remember clearly or know to proceed certainly without a faithfull Record 3. The parties may hereby more surely and clearly obtaine their right for through ignorance and passion men may quickly wrong one another in their bare words without a Record 4. Hereby shall the Law of God and Justice be duly administred to the people according to more certaine and unchangeable rules so that they might know what is the Law and what right they may look for at the mouthes of all their Judges 5. Hereby the Subjects have a great part of their evidences and assurances for their proprieties both of lands and goods A Paper touching the Church her liberties delivered at Boston 4. Martii 1639. To the Right Worshipfull the Governour Deputy Governour Councellers and Assistants for this Iurisdiction WHereas you have been pleased to cause me to transcribe certain Breviats of Propositions delivered to the last generall Court for the establishing a body of Lawes as is intended for the glory of God and the wel-fare of this People and Country and published the same to the intent that any man may acquaint you or the Deputies for the next Court with what he conceives fit to be altered or added in or unto the said lawes I conceive it my duty to give you timely notice of some things of great moment about the same Lawes in discharge of my conscience which I shall as Amicus curiae pray you to present with all faithfulnesse as is proposed to the next generall Court by it and the reverend Elders to be further considered of as followeth 1. It is propounded to be one chiefe part of the charge or office of the Councell intended to take care that the conversion of the Natives be endeavoured 2. It is proposed as a liberty that a convenient * number of Orthodoxe Christians allowed to plant together in this Jurisdiction may gather themselves into a Church and elect and ordaine their Officers men fit for their places giving notice to seven of the next Churches one moneth before thereof and of their names and that they may exercise all the ordinances of God according to his Word and so they proceede according to the rule of God and shall not be hindered by any Civill power nor will this Court allow of any Church otherwise gathered This clause nor will the Court allow of any Church otherwise gathered doth as I conceive contradict the first proposition My reasons are these 1. If the conversion of the Natives must be endeavoured then some wise and godly men they should be of your gravest and best men must bee sent forth to teach them to know God 2. When such are sent they must bee either sent immediately by the Lord or mediately by his Churches 3. If the Churches send men they that are sent must be sent by imposition of hands of the Presbyterie Now when Churches are thus gathered or planted they are gathered by Ministers doing the works of Apostles and Euangelists which hath ever been and is the ordinary and regular way of gathering or planting Churches and not as is proposed a convenient number of Orthodoxe Christians gathering themselves into a Church and yet when such a Church is gathered by Church-messengers and Ministers this Court is advised not to allow the same which I conceive is to say The conversion of the Natives shall not be endeavoured orderly according to the rule of God Againe it would be considered that when men are sent forth whether they should not be sent forth two and by two at least as the Scriptures beare and for divers good reasons which lye not hid to your wisdomes That you would be pleased to shew unto the Elders these things to be considered and that they would well weigh whether or no those Ministers and Messengers sent by-Churches should not visit the Churches which they plant Other things there are wherein I think I could also to good purpose move somewhat to your Worships which lyes more directly in the way and calling I have been educated if I were required but this thing lying upon my conscience I could not well passe by Wherefore I shall request it may be considered 1. Whether it be not fit to leave out at least that contradictory clause viz. Nor will this Court allow of any Church otherwise gathered 2. Whether it be not better to let the liberty run thus in generall The holy Church of God shall enjoy all her just liberties A Paper intended for the honoured John Winthrop Esquire late Governour Boston Maii 2. 1640. IF you see a necessity of baptizing them without If an ingagement of Propagation of the truth to the Infidel Natives Then consider whether by the Kings leave some Churches may not be appointed to send their chiefe Pastors and other Ministers to doe such works Also with some kind of subjection or acknowledgement of authority of the Ministerie in England if it be but by way of advice which is cleare to me you may doe I make no doubt but in all things requisite for the state of the Country they will yeeld you all faire liberties Nay I am perswaded the Kings Majesty will not send any unexperienced Governour to afflict but make you Patentees againe or at least after the manner of other Plantations restoring not onely favour but other benefits whereof under God to us Englishmen he is the Fountaine The Kings Attorney did offer some of you this in my hearing I meane the renewall of your Patent Nay further if you would invent and devise what the King may doe for the Country you might obtaine The very conversion of these poore naked people which is very hopefull and much prepared for per accidens or Gods owne providence bringing good out of evill will rejoyce the hearts of all Christians in our deare native Countrey and here and of it selfe if there were no other desirable things here as blessed be God there are many would cause a continued confluence of more people then you can tell well where to bestow for the present The Fishing trade would be promoted with authority Hereby would you give the greater testimony to the cause of

of the Bishop well assisted be not a great deale better I leave to our superiours to determin● Who denounce Church censures Dic Ecclesiae * This agreeth with the rule in England Admonition Excommunication Cognizance of causes Churches independent ●●fference of rule in Churches Consistory A better Consistory is and may be constituted in England Difference in number of Officers Chappels of ease These you see are necessary in England in some places Prophesying Prophesying or Preaching by Licence It ought not to be otherwaies in England * Universities Cathedrals and Collegiat Churches * 1 Cor. 13.2 The publique worship Every Sunday morning Lords Supper * Once I stood without one of the doores and looked in and saw the administration Besides I have had credible relation of all the particulars from some of the members Afternoone Baptisme Contribution Differences in contributions Admissions Offences Lectures Fasts feasts a And why not set fasting dayes times and set feasts as well as set Synods in the Reformed Churches b And why not holy dayes as well as the fift of November and the dayes of Purim among the Jews Besides the commemoration of the blessed and heavenly mysteries of our ever blessed Saviour and the good examples and piety of the Saints What time is there for the moderate recreation of youth and servants but after divine services on most of those dayes seeing that upon the Sunday it is justly held unlawfull And sure enough at New-England the Masters will and must hold their servants to their labour more then in other Countries well planted is needfull therefore I think even they should doe well to admit of some Holy dayes too as not a few of the wiser sort among them hold necessary and expedient Little reading catechizing c Whereas in England every Sunday are read in publique Chapters and Psalmes in every Church besides the 〈…〉 Commandements Epistle and Gospell the Creed and other good formes and catechizings and besides what is read upon Holy dayes and other dayes both in the parish and Cathedrall and Collegiat Churches in the Universities and other Chappels the benefit whereof doubtlesse all wise men will acknowledge to be exceeding great as well as publique preaching and expounding Dayes and moneths how called Neglect of instructing the Indians Charity * The Covenant of Grace of the New Testament it is true makes the whole universall Church of Christ and every part thereof or at least belongeth thereunto but allowing Churches a Covenant of Reformation tending to the bett●r ordering and well-being of themselves and for other politique respects this is as much as they at New-England can iustly make of their Covenant and some that are judicious among themselves have ackn●wledged it And yet even this unlesse it be made and guided by good counsell and held with dependance and concatenation upon some chiefe Church or Churches may tend to much division and confusion as is obvious to the understanding of those that are but a little versed in study of these points Ecclesia regnans Elections of the Governour chiefe Magistrates Freemen their oath Courts and Laws Actions and causes Grand Juries Tryals Prophanenesse beaten downe * Although some have held that three or two may make a Church yet I have heard Master Cotton say that a Church could not be without the number of sixe or seaven at least and so was their practise while I was th●●e at Weymouth and New Taunton and at Lin for Long Island Because if there are but three one that is offended with another cannot upon cause tel the Church but one man Ministers names Magistrates nam●s Marriages Testaments Administrar Burials * Causes touching Matrimonie and Testaments and other Ecclesiasticall causes have been anciently by the good lawes of England committed to the Clergie upon better grounds then many are aware of Brethren I pray consider well that the Apostle doth allow judgements of controversies to the Church 1 Cor. 6. And so they did anciently in other Countries as well as in England as appeares by S. Augustines profession thereof cited by one lately viz. That he the said Father and other holy men of the Church suffered the tumultuous perplexities of other mens causes touching secular affaires either by determining them by judging or in cutting them off by entreaties which labour saith he we endure with consolation in the Lord for the hope of eternall life To which molestations the Apostle tyed us not by his owne judgement but by his judgement who spake in him Besides should they judge these things and labour for and watch over us in the Lord and not be recompenced as long as they doe well I speak not to countenance undue exactions bribes or other corruptions I intend brevity and therefore make bold to refer my Reader to the many learned arguments both in Law-books and Divinity of this subject Trainings or Musters Grievances Danger New Plymouth Patent M. Raymer M. Smith M. Chancey his controversie * Eccles. 12.11 One shepheard James 3.1 Not many masters Whether this be their ground I know not but what ever there be in others to advise and assist the deciding determining voice I meane also the negative in some cases ought as I think to be in the Pastor Be there never so many Ministers in the Church Doe nothing without your Pastor or Bishop saith Irenaeus for whatsoever is faulty in the Church the Bishop is first and principally blamed Rev. 2. and 3. Taunton M. Hooke M. Streate their ordination M. Doughty his controversie Divers other Towns and Ministers Island Aquedney Master Gorton whipt and banished New Providence M. Blakeston Connecticot Lady Boteler Lady Moody New Haven Long Island Pascattaqua M. Larkham excommunicated A broyle or riot Episcopacie Province of Maigne Exeter Cape Anne Fishing Isles of Shoales and Richmond Isle of Sables Martins Vineyard French and Datch Virginia Maryland Swedes New-found-land Florida State of the Countrey of New-England * Wheat and Barley are thought not to be so good as those grains in England but the Rye and Pease are as good as the English the Pease have no wormes at all Beanes also there are very good Of the Indians M. 〈◊〉 a hopefull Schoolmaster Some late occurrences concerning Episcopacie a Mat. 10.1 Mar. 3.13 Act. 1.4 2.47 8.5.6 9.32 35. 11.19.20.21.26 b Acts 8.14 9.31 11.22.27 13 2.3 14.21.10 28. c Col. 2.5 Act. 11.27 15.36 16.4 d Acts 8.5.14 11.22 27. 13.2 3. e Mat. 28.19 Acts 13.1 2 3. 8.1 f Acts 1.2 3 4. 2.47 13.1 g Act. 1.25 26. h Act. 6 6. 14.23 i Act. 8.14 11.22 k Rom. 10.15 l Act. 6.6 13 3. 1 Tim. 4.14 m Eph. 4.11 Act. 1 25. 8.14 11.22.27 n Rom. 16.1 o 1 Cor. 3.6 p 2 Tim. 1.6 1 Tim. 4 14. compared q 1 Cor. 12.19 29. r 2 Cor. 10.12 to the end s Act. 13.1 2 3 t Act. 1.4 2.47 v As Hierusalem Antioch Ephesus Acts 11.26 u Acts 11.22 x Acts 1.4 15 26. 2.41 y Act. 19.40 Fitzherb N.B. z 1 Cor. 5.3 4. a Acts 15.6 Objection b Iames 5.14 c 1 Pet. 5.1 2 3 Answer d Acts 1.20 e 2 Cor. 11.28 Chap. 10.12 to the end f 2 Cor. 8.12 g Eph. 5.19 1 Cor. 14.26 40 h Mat. 6.9 Sic ergo adirate vos {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Luke 11.2 i Rom. 15.1 k Rom. 12.16 Idipsum in invi●em sentientes non alta sapientes sed humilibus cons●●●ientes {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} but condescending to the humble l Act. 10.24 44 47 48. 16.30 31 32 33. vers. 14 15. m Acts 8.8 12 14. n Acts 10. o Acts 16. p Acts 8. q Acts 18. r Acts 8.13 Act. 2.41 5.1 compared s 1 Tim. 5.22 Titus 2.2 v Pro. 25.3 Eccles. 8.4 10.16 17. u 1 Cor. 4.1 ● 10