Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	call_v	death_n	life_n	2,323	5	4.6375	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87639	Jurors judges of law and fact or, certain observations of certain differences in points of law between a certain reverend judg, called Andr. Horn, and an uncertain author of a certain paper, printed by one Francis Neale this year 1650. styled, A letter of due censure and redargution to Lievt. Col. John Lilburn, touching his tryall at Guild-Hall, London in Octob. 1649. subscribed H.P. Written by John Jones, gent. Not for any vindication of Mr. Lilburn against any injury which the said author doth him, who can best vindicate himself by due cours of law; if not rather leav it to God whose right is to revenge the wrongs of his servants. Nor of my self, but of what I have written much contrary to the tenents of this letter; and for the confirmation of the free people of England, that regard their libertie, propertie, and birthright, to beleev and stand to the truth that I have written, so far as they shall finde it ratified by the lawes of God and this land; and to beware of flatterers that endevor to seduce them under colour of good counsel, to betray their freedoms to perpetual slavery.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J970; Thomason E1414_2; ESTC R209436	24,554	117

for the same offence that he is acquitted of by so due a Course of Law Doth it not moreover follow that by traducing that Verdict and acquittall you consequentlie traduce not onely the Jurie but also the Councell of State and the Parliament that Confirmed the same as aforesaid And are not you therefore lyable not onely to the severall Actions of everie Juror but also of Scandalum magnatum But what need you care you are too cunning for them all in Concealing your name at large from them whom you slander at large and send your Book to them with a sine me Liber ibis in urbem so that they know not when where or how to finde you out by that uncertain notion or mark of H. P. Which for any thing I know may fignify some Soapstuff as well as any mans name but take heed least John smell you out and contemperate you in his Compounds for some simple corrasive ingredient which he useth not to any intent of malice but to eat off som of your proud flesh and not to destroy any sound part in you as you say in the title of your Book you use your reproof to him to make a speciall kind of soap to wash the brains of such Orators as perswade men to becom such fools as to make no use of Lawfull exceptions against their Judges especially Commissaries to save their lives and the tongues of such Sycophants as under pretence of reproving the meanest and weakest sort of sinners approve and improve the greatest and strongest kinde of Murtherers Traytors Perjurers c. viz. Commissary Judges in generall in their practise at large But more to the matter where you say in your 5th head in the same 3d page of your Libell The 5th thing you say deserveth a keen reproof of all honest men was Mr. Lilburnes assayling the sinceritie of his Jury and page 21. you say he promoted his 12. men c. and caused them to imploy their new given Jurisdiction onely to the advantage of the giver Truly Sir I must confess that if Mr. Lilburne assailed the sinceritie of his Jury he was to blame but I cannot find by any thing you prove that he did so for the Clamor of the People who were not his disciples as you belie them and him too were not in his power to stop more then in yours or mine had we been there for if they would not obey the Crier of the Court they would not have obeyed us more then him who desired as he needed rather to be heard then disturbed and distracted with Clamors And for his blandishments to his Jurie good Language became him to give and them to receiv but not such adulations as you give all Commissary Judges And to use all the lawfull means he could to inform them and all his Auditors that knew him not nor his innocence in that Cause and merit in others and thereby to prolong his life in the Land which the Lord his God hath given him and to keep himself a living sacrifice to and for his God untill it please his Dietie to call him to his mercy by the Ordinarie way of common death or to inspire him to fight again in his Masters Battell and Countries service whereby he may dye an extraordinary death more to his Masters glory and his own honor then by casting away his life to becom a dead sacrifice to the malice of men whether Commissary Judges such as you plead for or other flattering Sycophants such as you make your self I conceiv to be no fault in Mr. Lilburne In the next place where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction I am sure that is another Lie of yours for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta That County Courts Court Barons Sheriffs-Turnies and Leets were in use before King Alphreds time In all which Courts the Jurors were the Judges their then untraversable Verdicts were the Judgments in all Causes And Sheriffs and Stewards who were the Kings Commissary Judges in their Turnies and Leets as now they are the States were and still are but the suitors Clerks in Counties Hundreds and Court Barons to enter their Judgments and do execution thereupon by themselvs and their Bayliffs as publique servants or Ministers of common Justice to their Jurors and the rest of the Common Wealth See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by vertue of their Writs when they have them for matters above 4 s. as the Judges at Westminster ever were or can be by their Commissions And all Common Pleas between Party and Party and the King Queen and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas were holden in the County Court from Month to Month untill for the ease of the People especially husband-men to follow their business The King with their assents divided the view of Frank pledg from the Sheriff who by all the Peoples affent in Parliament 9. Ed. 2d was to be thence forth assigned by the Chancellor the Kings Commissiary Judge in his Turnies called before the Kings own Turnies to see Justice done from County to County And all the free pledges of every County together once every 7. years which is since to be done by Sheriffs twice yearly and gave them to Lords of Mannors so that their Tenants and Resiants should have the same Justice in their Leets and Court Barons as they had in the Sheriffs turnies and County Courts at their own doors without any charge or loss of time And for the same reason saith the Lord Cook in the same place Hundreds were divided from Sheriffs viz. that none should be troubled further or out of their Lords Court at all at which Courts saith Mr. Horn p. 7. Justice was so done that every one so judged his neighbor by such Judgment as none could elswhere receiv in the like cases untill such time as the Customs of the Realm were put in writing And as the County Courts Hundred Courts and Court Barons were of one Jurisdiction so were Turnies and Leets and so all of them are and ought to be still therefore you must consider that there be three sorts of Jurisdictions viz. Soveraign assigned and ordinary of these you may read in the Mirror p. 7. in these words viz. It was assented unto that these things following should belong to Kings and the right of the Crowne viz. Soveraign Jurisdiction c. which is now fixed in the Keepers of the Liberties of England by vertue whereof among other things all Writs Commissions warrants Commitments Liberates or discharges run in their names as they did in the Kings so that none are Imprisonable or dischargable but in their names consider therefore again that this assent was the Peoples whereby Kings who before and without this assent were not Kings but ordinary men that could have but ordinary Jurisdiction as others had Soveraign

desire them to put out of their assembly al mercenarie professors of Law that poison their Counsell no less then their predecessors did the King making them to do the same things which they condemned in him to the more grief of the People that were promised Reformation and are paid in more and wors deformation of their Laws and Liberties then they were before witness amongst manie more abuses the Fen Project of Lincolnshire c. condemned in the late King yet supported by more Malignant Royalists then in respect of Justice he himself could be any who are Judges Parties and partners of the prey made by themselvs of other mens Rights of whose service and affections both Parliament and Army have had no less experience then of their defects and delinquencies And move his Excellencie to desire the House further to command the keepers of the great Seal to issue forthwith Commissions of Oyer and Terminer as by Law they ought to all parties grieved that shall demand them directed to such Commissioners as the grieved parties shall nominat to enquire hear and determine the extortions oppressions and misdemeanors of Sheriffs under Sheriffs Gaolers and other Officers subject to popular offence And lastly to desire the said House to pass an Act for the setling of the Law hereafter in that plainness shortness and cheapness as hath been often desired in divers Petitions of Londoners and others and by my last Letter to his Excellencie bearing date about the beginning of this Month according to the propositions of 12 heads of Law there inclosed which I understand in Scotland were delivered to his Excellencies hands So God himself shall bless you and your Actions and the people present and future and even your selvs and your Children have cause to rejoice in your work and be thankfull to God and your industrie for so great a favor So shall Your Faithfull servant John Jones From my Lodging at Mr. Mundays hous in Clarkenwel this 29. of July 1650. JURORS JUDGES OF Law and Fact SIR HAving casually met with and perused your printed paper styled A Letter of due Censure and Redargution to Lieutenant Collone John Lilburne touching his Triall at Guild-Hall London in October last 1649. I could not chuse but take hold of your first Lines wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we finde it And thereupon I must tell you that whatsoever you finde in Mr. Lilburne I can finde in you no less then sin against God whose name you abominably abuse to reprove truth and call good evill and evill good against Mr. Lilburne whom you make but your Instrument to play upon while you wound others through his sides yea even those most whom you flatter most Against the true and Ordinarie Judges of the Land the Jurors whose verdict is the effectual Judgement whereby all men are judged by their Peers aswell for their Lives as Lands without which Judgements the Law of England cannot be Lawfullie executed And generally against all the Free People of this Common-wealth whom you endeavour to blinde and enslave by your sophistrie unto usurped Authorities perswading as much as in you lyeth all your Countrie-men to submit and give away their Lives their birthrights Liberties and Freedoms for the preservation whereof all their just Laws and Civill Wars and especially this last were made to the insatiable Tyrannie of their incroaching Impostors as shall appear following viz. Page 3d of your Letter or rather Libell in the second head of those things for which you say Mr. Lilburne is liable to reproof you tell him he laid hold of divers shifting Cavills and shufling exceptions in Law which were onely fit to wast time and procure trouble to the Court Sir if Law alloweth Exceptions called delatories and lawfull Traverses as well in Pleas for Land as for Life as you may finde it doth and ought in Mr. Hornes Book called the Mirror of Justice written by him in French in Edward the First his time as you may observe in the Margent of the 6th page thereof and excellently translated into English lately by William Heughes Esquire a discreet and learned Lawyer living in Grayes Inn of which kinde of Exceptions some be Pleas for Actions and Appeales the Presidents whereof are briefly and diversly according to the diversity of their causes natures and uses demonstrated unto you in the said Book from p. 129. to p. 143. and thence to 146. are Exceptions or Pleas to Indictments the summary reason of all which is not as you call it to waste time and to procure trouble to Courts but to bestow time as it can be no better bestowed especially in Cases of life then to search out the truth of every Cause that mens lives be not rashly lost which cannot be recovered if condemned and executed how be it wrongfully or carelesly so that to be carefull circumspect and well advised in a Court is not to trouble it for it is its duty to be exercised as it is significantlie derived à Curando that is a Court of Care or Cure Indifferentlie either or rather both as it is Ordained Care to be troubled to hear and determine the Cares and troubles of all men within its verge for Controversies of Law that vex trouble an whole hundred of Friends and neighbours to see but two of them undoe themselves in suits at Law or kill one another with Care to examin them truly and to Judge them justly And likewise to cure the Malladie of the Consciences or at least the intemperance of the Litigious spirits of Plaintiffs and Defendants by ending their differences as may be most available for their Peace and the Common-wealth And as it is the duty of a Court to be troubled to end troubles so saith Mr. Horne p. 58. not to accuse any for matters of Crime and Life though a known offender learning of Christ in the Case of Magdalen Nor to countenance Bloody Accusers but to mollifie their Rigour as Christ did in the same Case for Judges that represent God and should imitate his mercy as well as his Justice ought not to desire the death of a sinner but rather that he may return from his wickedness and live and Conveniens homini est hominem servare voluptas Et meliùs nullà quaeritur Arte favor Nothing more Convenient for Man or acceptable to God then to save Penitents whom he came not to destroy but to call to Repentance Nor is it the part of a Judge as in p. 66. of my said Author to condemn one for the same or the like offence as the Judge knoweth himself guilty of And therefore Exceptions are lawfull to the Power of a Judge as in p. 133. to his person as in p. 135. and to his condition as in p. 59. And those that are granted to be lawfull to be propounded against his Power p. 133. are the same in substance which you say Mr. Lilburne made use of yet call them

him as those that had them for as saith Mr. Horn 65 p. they are both necessarie and allowable to such Clyents as understand not Law themselvs And for none so necessarie as for their lives I think neither doth it appear to be his purpose to make Judges servants to Jurors because they understood no Law but to remember them to be servants to their own Masters to give their assent to the Iudgment of Jurors that he conceived did understand Law And what wonder were it that these men who by themselvs and their predecessors did put the Laws of England that had been in the English tongue intelligible to all men whom it concerned into uncoth Giberish of their own making should understand their own contrivance better then others who do understand Latin French Greek and Hebrew better then most professors of Law do and English as well What subversion of the Law can be more then so to translate it that those whom it most concerneth can neither understand it nor be excused by their ignorance in not understanding it and so make it their net whose libertie it should be and all to the end that those whom it concerneth least or not at all may elevate themselvs by means of so unlawfull and prestigiatorie and illiberal an Act nothing so harmless nor so free and cheap as Canting from little or nothing to greatness from Lourdeyness to Lords And what can the subversion of the Law especially such a subversion be less then treason against all the English Nation But truly Sir if Mr. Lilburn should desire that Iudges should be exposed to scorn because commonly Gentlemen by birth and honorably educated I know none that will agree with him in that nor can I believ it to be his desire that is known himself to be a Gentleman born honorably extracted Civilly bred martially disciplin'd and very rationally endowed beyond the capacities of ordinarie Lawyers For learned vertuous and upright Judges howsoever born or bred are to be honored for their vertue because Honos est virtutis premium Honor is the reward of vertue and the better their births and educations be the more fair and fortunate are their Ornaments but Quamvis Caesareos enumeratis Avos though descended of Caesar and educated in his Court They are not all of Israel that are of Isaac And golden Calvs are not to be adored And if corrupt and vitious you say Gods strict injunction obligeth us all to reprov sin wheresoever we finde it behold how you contradict your self when you would have all Iudges because wel-born because well bred though as wicked as Pilat or Caiaphas as you say elswhere to be honored by all men And yet you would have sin to be reproved by all men wheresoever they finde it oportet mendacem esse memorem recover your self by som distinction or reason of policie or els you are faln deep Tende manus Solomon c. I remember you say Jehojada did forbear Athalia untill he gained more abilitie and better opportunitie to accomplish his desires against her I conceiv then you would have none to reprov Judges but your self nor will you till you have more advantage of them then you have yet so the respit you give is but till you have more advantage against them not unlike that sesuiticall tenet which Ignatius never taught his Disciples but they learned it of his Master the devil And therefore let the King of Spain take heed of it for the Pope and they wait but opportunitie to swallow his Catholick Majestie into his holiness bowels when they preach one vicar in earth for one God in heaven And let Judges take heed of your flatterie which they may discern by your obligation to reprove sin wheresoever you finde it and by your forbearance to reprove Judges though never so sinfull untill you get opportunitie and by your aptness to fall down and worship them all without distinction of good or bad when som of them know themselvs no worthier to be worshiped then he that our Saviour bad get behind him And what shall they be the better for your reproof if they dye before they have it when you ought to speak de mortuis nil nisi bonum nothing but good of the dead therefore Paul more graciously reproved Peter to his face when and where he found him faulty As for Jurors placing at the Helm because mechanick c. you touch not Mr. Lilburn for his Jurors as all others in London ought to be were impanneled by the Sheriffs of London or their secondaries who knew them to be honest lawfull men such as their precept required and ●ad the Judges any cause to suspect refuse or chang them they had done by them all or ten at least as they did by one of them take in others for them And you say that Mr. Lilburn excepted against them all and desired to be tried by a Jurie of Surrey where he lived when the Fact was supposed to be committed and if by him likliest to have been there where a Jurie might be had of no mechanicks but God who as you say elswhere and that truly as the devil to be believed in more useth to tell som truths is present in all Courts was really though not visibly present there and had fore-ordained better for his servant then he knew how to desire A Jurie of Mechanicks whose persons or Estates I know not but their carriage and Resolution in that matter declare them knowing and understanding Men Confirmed in their Verdict first by God himself then doubtlessly not onely present in the Court but in their hearts and consciences And afterwards by the Councell of State by assent of Parliament A President for Jurors and a memorable example of undantable immovable consciencious Judges of life and death for the present and all future ages to imitate yet traduced by you and in them God himself the Author of the work and the State and their Councel Cooperaters therein And no mervel for al that since you cannot be content to calumniate all that had a hand in the matter but also the generalitie of all the constant Inhabitants of all Cities and Corporations in England and Wales of whom not one in a Million ever knew Mr. Lilburn or heard of his Cause all Mechanicks For what Trade or mysterie of Merchandize can be but hath its original from som handicraft What Merchant so easie or carless but somtimes useth the help of his own hand or servants to measure or weigh his commodities for which he ventureth his life or others and his Estate to boot to fetch them from the Indies and why should he scorn to put his finger to retail them to his customers by true weights and measures And so I conceiv writing is but an handi-craft taught a Lawyer before mooting and necessarie to be used by him when he is a Judg whose dutie as the Lord Cook upon the 29 chapt of Magna Charta saith is decernere per Legem

themselvs grieved by partialities or delaies of their Countrey Commissaries unto that Court kept in their own Hall of their then dwelling Mansion as it continued untill White-Hall came into the hands of King Henry 8. by Cardinall Woolsey his delinquencie which pleasing him better he madehis Court and gave not onely Westminster-Hall but also all the Pallace of Westminster that his Ancestors from Rufus to him contented themselvs to dwell in to be the Consistories of all his Courts when he found it chargable to remove them though he and his successors gained least by them But now no King being no Court that depended upon his Person or his deputies or Commissaries in respect of their prerogative Judicature reputed transcendent remedies for som transcendent Injuries committed and suffered amongst the people can be necessarie because triennial or more frequent Parliaments and speciall Commissions of Oyer and Terminer to be granted them when and as their Causes require may better supply them and with more speed and Justice and less charge and expence finish their Causes at or near their homes then all or any the Courts at Westminster ever did or could But if the Keepers of Englands Libertie be pleased to have any one or more Courts or Judges to be superintendents above all others besides Parliaments and speciall Oyers and Terminers Then they are to be desired to be also pleased to allow and pay them sufficient Wages at their own cost and not the peoples as Kings did when their Commissarie Judges were to have of never so many Parties in one Cause but 12d to be divided amongst them and that after the end of the suit and not before And a Pleader though a Sergeant at Law was sworn to plead as well as he could for his Master now called his Clyent and counted his servant and to abuse the Court with no fals or more delatorie then necessarie Pleas And was to have for every such Plea pleading but six pencel and for his sallarie or Wages for his attendance in every Cause first to last beginning to end as the Court should think fit considering the greatness of the Cause and merit of the Pleader c. as you may read in the Mirror p. 64. Now to return to your Mechanicks commonly as you say brought up illiterat surely it cannot be unknown to you that there are most commonly as many if not more Masters of Art in London that use Trades and handicrafts as practise Law at Westminster and compleater Retoritians Logitians Musitians Arithmetitians Geometricians Astronomers and Phisitians all which are the severall liberall sciences and the very Encyclopedie and summarie of all good and necessarie Arts and learning How then do you make it your consequence that if all Commissarie Judges be not adored as you would have them all learning and gentle extraction must be debased but ignorant and fordid birth must ascend to the Chair as if there were no learning but in Pedlers French and Law-Latin the very disguises of the Law which hath no such need of them as a foul face of a Mask or an hangman of a Vizard but contrariwise much necessarie to be rid of those Curtains which hide both the beautifull Shape and material substance of it from us that it may appear even to our understandings more gloriously more learnedly in plain English then in that Canting more obnoxious then that of beggars which would but cheat us of necessaries to sustain their lives whilst Law-Canters cheat both us and them of all our livelihoods and liberties to surfet themselvs with superfluities by making us all starvlings pined with that extream of wants the want of Justice for put the case that those hotch-potch French and Quelquechose Latin were banished and the Law rendred in English as Scriptures are which were hidden from us by Prelats as our Law by Lawyers would not all learning and argumentations in Law be as necessarie for the continual preservation of mens lives and estates and therefore continued in English as Sermons in Pulptis and disputes in Schools and Universities requisit for the salvation of our souls are Naywould not School-Masters to read and teach the Law in common Schools beas ne cessarie in London as Students in the Inns of Court or Chancerie or as such have been as you may read in the Lord Cooks Preamble upon Magna Charta and did read upon Magna Charta when it was read twice yearly in Churches and 4 times yearly untill full Counties untill the same King that assented to the making and was sworne to the observing of Magna Charta in the 9 year of his Raign by the advice of his Chief Justice Hugh d'Burgo whose advice and his followers ever led Kings to ruine and Subjects to hazards by his special Writ in the 19 year of his Raign prohibited the said publick reading and teaching as you may read in the same place Did not the Eunuch understand the Language he read yet wanted Philip to interpret the meaning And did not God send Philip to that end So no doubt although the Law be Englished the most part of English people will be Eunuchs in their understanding of it so fully as they ought untill and but whilst there be Philips to expound it for it is too great a Studie for men otherwise imployed to be expert in to resolv Causes which you call Intricate As you would make it for Coblers to dilucidate texts which many call hard Scriptures And who can doubt it to be Gods speciall gift and vocation in Law to som to be just and learned Lawyers as to others to be sincere and Orthodox Divines while the world shall consist of bodies necessarie to be regulated as of souls to be disciplined And then for your gentle extractions may not they be as they were ever wont since Marriages were ordained in Heaven may not a Judg bestow his daughter upon a Citizen and a Citizen his upon a Judg or an Earl as we have seen usuall but by your allegation that there is a general disesteem of gentrie more now then from the beginning of the World which Mr. Lilburn can be no cause of It is manifest you charge the present Government as faultie for suffering such a disesteem to be among the people wherein you do but traduce and wrong the State that neither desire nor countenance any such thing but when gentrie for the most part grows degenerat and nobilitie debaseth it self Corruptio unius est generatio alterius when Lords turn Boors and simplicians let Clowns turn Lords and Politicians And let him that will carp at the Vicissitude of things which divine providence hath ordained blame neither State in generall nor persons in particular but conceiv rather that Ablatâ Causâ tollitur effectus when vertue faileth the honor followeth when God took his holy Spirit from Saul both Spirit and Majestie were transferred to David in a larger measure and therupon be you further answered by an Hea then Tempora mutantur