Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	time_n	1,485	5	3.4894	3	false

Text snippets containing the quad

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

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

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

Reformation Hereby will you under God and the King make Church-work and Common-wealth work indeed and examples to all Countryes You will enrich your Countries both in short time The Heathens in time I am perswaded will become zealous Christians then will they labour get cloathes and substance about them In vaine doe some think of civillizing them either by the sword or otherwise till withall the Word of God hath spoken to their hearts wherein I conceive great advice is to be taken For which purpose a Presse is necessary and may be obtained I hope so that wise men watch over it Consider how poorely your Schooles goe on you must depend upon England for help of learned men and Schollers bookes commodities infinite almost No doubt but the King this way will make your authority reach even to the Dutch Southward and to the French Northward New-England indeede without fraction A facile way taking out the core of malice The conversion and subduing of a Nation and so great a tract of ground is a work too weighty for subjects any much longer to labour under without Royall assistance as I apprehend I think in religious reason If any shall suggest that your Churches may send forth men of their own authority Consider if it may be done warrantably by the Word of God as peradventure it may be so Yet you will be in danger rebus sic stantibus of great imputations That you infringe Regall power And Ecclesiasticall Wheron adversaries will sure enough make fearfull worke And besides some reformations under favour have been too deep at least for others to follow They were also unexperienced of mission to convert Infidels Is Geneva without her faults or Holland Rotterdam Amsterdam without theirs what experience they of mission or ever had Now I beseeech you grave Sir doe you thinke it good honourable safe for us poore men here or for the Religion and Professors thereof in generall in the whole world that such as have the name of the most zealous should be the first example of almost utmost provocation to our owne Soveraigne For my part I disclaime Parker And encline to Hooker Iewel as to government Greatmen have great burthens therefore they have their counsels crosse and sometimes they use them both You heare enough on the other side Heare now this on this and the Lord guide your spirit Odere Reges dicta quae dici jubent These are the Ministers of the Bay AT Boston master Cotton Teacher master Wilson Pastor At Roxbury master Weld Pastor master Eliott Teacher At Dorchester master Mather Pastor or Teacher and Master Burgh out of office At Braintree Master Thomson Pastor Master Flint Teacher At Weymouth Master Newman Pastor Master Parker out of office At Hingham master Hubbard Pastor master Peck Teacher They refuse to baptize old Ottis grandchildren an ancient member of their own Church At Charlestowne Master Symms Pastor master Allen Teacher At Cambridge master Sheppard Pastor master Dunster School-master divers young Schollers are there under him to the number of almost twenty At Watertowne master Phillips Pastor master Knolls Pastor At Dedham another master Phillips out of office and master Allen Pastor or Teacher At Sudbury master Brown in office master Fordham out of office At Lynne master Whiting Pastor master Cobbet Teacher At Salem master Peter Pastor master Norris Teacher and his Sonne a Schoole-master At Ipswich master Rogers Pastor master Norton Teacher and master Nathaniel Ward and his sonne and one Master Knight out of employment At Rowley Master Ezek. Rogers Pastor Master Miller At Newberry Master Noyse Pastor Master Parker Teacher He is sonne of Master Robert Parker somtime of Wilton in the County of Wiltes deceased who in his life time writ that mis-learned and mistaken Book De Politeia Ecclesiastica At Salisbury Master Worster Pastor At Hampton Master Bachellor Pastor Master Dalton Teacher There are other School-masters which I know not in some of these townes The Magistrates in the Bay are these Master Bellingham the present Governour master Endecot the present Deputy Governour master Winthrop master Dudley master Humfrey master Saltonstall master Bradstreat master Stoughton master Winthrop junior master Nowell Assistants Master Nowell is also Secretarie Master Stephen Winthrop is Recorder whose office is to record all Judgments Mariages Births Deaths Wills and Testaments Bargaines and Sales Gifts Grants and Mortgages There is a Marshall who is as a Sheriffe or Bailiffe and his Deputy is the Gaoler and executioner Marriages are solemnized and done by the Magistrates and not by the Ministers * Probats of Testaments and granting of Letters of Administration are made and granted in the generall or great quarter Courts At Burials nothing is read nor any Funeral Sermon made but all the neighbourhood or a good company of them come together by tolling of the bell and carry the dead solemnly to his grave and there stand by him while he is buried The Ministers are most commonly present They are very diligent in traynings of their souldiers and military exercises and all except Magistrates and Ministers beare armes or pay for to bee excused or for speciall reasons are exempted by order of Court The Captains and Officers are such as are admitted of the Church But the people begin to complain they are ruled like slaves and in short time shall have their children for the most part remain unbaptized and so have little more priviledge then Heathens unlesse the discipline be amended and moderated It is feared that Elections cannot be safe there long either in Church or Common-wealth So that some melancholy men thinke it a great deale safer to be in the midst of troubles in a setled Common-wealth or in hope easily to be setled then in mutinies there so far off from succours At New Plymouth they have but one * Minister master Rayner yet master Chancey lives there and one master Smith both Ministers they are not in any office there master Chancey stands for dipping in baptisme onely necessary and some other things concerning which there hath been much dispute and master Chancey put to the worst by the opinion of the Churches advised withall Cohannet alias Taunton is in Plymouth Patent There is a Church gathered of late and some ten or twenty of the Church the rest excluded Master Hooke Pastor master Streate Teacher Master Hooke received ordination from the hands of one master Bishop a School-master and one Parker an Husbandman and then master Hooke joyned in ordaining master Streate One master Doughty a Minister opposed the gathering of the Church there alleadging that according to the Covenant of Abraham all mens children that were of baptized parents and so Abrahams children ought to be baptized and spake so in publique or to that effect which was held a disturbance and the Ministers spake to the Magistrate to order him The Magistrate commanded the Constable who dragged master Doughty out of the Assembly