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	good_a	great_a	3,277	5	2.6620	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37469	The late Lord Russel's case wih observations upon it written by the Right Honourable Henry Lord De la Mere.	Warrington, Henry Booth, Earl of, 1652-1694.	1689 (1689)	Wing D878; ESTC R27291	13,386	17

of War are Distinct Species of Treason Fourthly Whether every Law is not to be construed most strictly to restrain the Mischief against which it was Enacted Fifthly What is the true meaning and signification of being Provably Attainted by Overt Deed 1. As to the first It seems to be out of doubt that at this day there can be no such thing as an Indictment at Common Law for High Treason though for other things there may Because there is no Precedent of it since the Statute 25 Ed. 3. For nothing is more common than for every Prisoner that is Arraigned for High Treason to Demand upon what Statute he is Indicted And the Court or King's Counsel do tell him the particular Statute Besides every Impeachment before the Lords in Parliament is grounded upon some Statute And if so à fortiori no inferiour Court can Try a Prisoner upon an Indictment for High Treason grounded upon the Common Law. For the Law which greatly delights in Certainty especially in case of Life will not allow of an Indictment at Common Law Because no Issue can be joyn'd upon it by reason of the Uncertainty As to the 2d viz. To what End or Intent the Statute 25 Ed. 3d. was made I thus anser Edward the 3d. was a Victorious Captain and potent Prince whereby he became very Renown'd But that which made his Name the Greater and his Fame the more lasting was those good and wholsome Laws which were Enacted in his time by which he restored and beautified the Government that had been defaced and almost destroyed by the Illegal proceedings during his Father's Irregular Reign And of all the Oppressions under which the Nation Groan'd there was none that lay heavier upon the People than the Extravagant Licence which the Judges took in the Interpretation of Treason And this appears by the particular and universal Joy expressed by the whole Land at the making of the said Statue For tho' he call'd Parliaments very frequently and none of them prov'd abortive of good Laws yet that Parliament which was held in the 25th year did more than any of the rest And of all the beneficial Laws that were then Enacted the 2d Statute whereby Treason was reduc'd to certainty gave the People the greatest cause to lift up their Heart and Voice in Thankfulness to God and the King because the Jaws of that devouring Monster were broken which had torn in pieces so many Families and threatned Destruction to the rest So that this Statute was made to restrain and limit the Judges from calling any thing Treason that might be so by Inference or Implication and only to judge upon that which is Litterally so within that Statute For it is there provided That if any such like Treasons shall come before any of the Justices that they must stay without going to Judgement till the Cause be declared before the King and his Parliament And all Subsequent Statutes of Treason are all as so many Confirmations of this Statute For they had been needless if the Judges could have called any thing Treason but what is Litterally such within that Statute And the Statute it self had been made to no purpose if it had not strictly restrained the Judges And my Lord Chancellor Nottingham was of Opinion that even the Lords in Parliament could not proceed upon an Indictment for High Treason unless the Fact therein alledg'd were first Declared by some Statute to be Treason 3. As to the third thing It never was nor ever will be deny'd that Compassing the Death of the King and Levying of War are two distinct Species of Treason unless all Treasons are of the same Kind But if there are several sorts of Treasons then it will follow that these are also Distinct Because in every Statute of Treason which mentions Conspiring the death of the King and Levying of War they are named Distinctly Besides they are different in the manner of Proof For that which is necessary to prove the one does in no sort prove the other And furthermore the one may be Effected and the other never so much as intended or Design'd As for Example the King may be Murder'd and no War Levied nor Intended And moreover in the one Case it is Treason as well to Intend as to Execute it without tacking it to any other thing But it is not so in the other For it is in it self and abstractly from every thing else Treason as well to Compass the King's Death as to Kill him But an Intention to Levy War and doing all things in order to it is not Treason unless the War be Levyed Except by Implication or Inference And I am perswaded that the want of observing that these are distinct Species of Treason has been the occasion of that Mistake of calling a Conspiracy to Leavy War an Overt Act of Conspiring the King's Death 4. As to the fourth No doubt every Statute is to be construed most strictly to restrain the Mischiefs against which it was Enacted For the uninterrupted Course of all Judgments and Resolutions have been accordingly and nothing can more directly thwart Common Sense than to make it otherwise And therefore if the Statute be absolute the more forcibly it is construed to restrain that Mischief the more truely is the Intent of that Statute pursued For how shall any Evil be suppressed if the Remedy must be applyed but by halves The Law then would be rather a Mockery than a Means to redress the Evil if it shall not be taken most strongly against it Either it is or it is not a Restraint of the Grievance complained of If it is not why was it made If it is why must it not be understood in that Sense whereby the Mischief or Evil may be more Effectually supprest and prevented 5. As to the fifth The Answer will be best understood by considering first the signification of the two words a part viz. Provably and Overt Provably signifies to prove or make good by Evidence Argument Reason or Testimony Overt has all these significations Open Clear Plain Apparent Manifest Notorious Evident Publick Known Vndoubted Certain Perspicuous These then being the significations of those Words what can follow more naturally than that To be Provably Attainted by Overt Deed is that the Fact must not only be Direct Apparent and Notorious to the Point but it must also be proved Clearly Evidently Plainly and Perspicuously void of all Doubt or Obscurity And those two words being taken together do the better expound each other and seem to be choice words and words of Art cull'd out by the Penners of that Statute as the most expressive to exclude all Implications or Inference that might be made in Case of Treason These things being premis'd which are as easily proved as alledg'd there will remain very little besides Shifts and Evasions to prove that a Conspiracy to Leavy War is an Overt Act of Compassing the King's Death The things that are chiefly and commonly urg'd to