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	lord_n	word_n	2,104	5	3.9074	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A97100	Juries justified: or, A word of correction to Mr. Henry Robinson; for his seven objections against the trial of causes, by juries of twelve men. / By William Walwin. Published by authority.	Walwyn, William, 1600-1681.	1651 (1651)	Wing W684; Thomason E618_9; ESTC R204167	9,867	16

it unwillingly and were compelled thereunto and when they saw there was no avoiding it they endeavoured to proceed therein according to the uprightness of their Consciences if they be thought to have done amiss it was but what they could not remedy and are heartily sorry for it Such Childish toyes as fitter for Children than men were of no value with them and therefore supposing every man a Man and bound to serve his Country in any place as he shall be lawfully called thereunto willing or unwilling and to discharge his trust judiciously and faithfully or to suffer for it His last Objection is That The keeping the Jury without Fire-light Bread or Drink as the Law requires may possibly make the major part of them if not all agree upon a Verdict contrary to their Consciences to be freed from any of these exigencies at least some of them to strike up with the rest in a joint-Verdict since it is well near impossible for twelve men all circumstances considered much more in a doubtful case to bee of one opinion and though the case were never so clear yet one peremptory man of a strong constitution whether his judgment be right or wrong may sterve all the rest unless they will give Verd●ct as he will have them Certainly he thinks most men of such a kinde of tenderness in conscience as soon is crackt a sunder beleeve it Sir a true English conscience is of more solid stuff and will endure every one of these yea death it self rather then be so base and unworthy and certainly but from unworthiness could not be supposed For if a man were but resolved how base a thing it were so to do how could he once think of striking up with the rest in a joint false Verdict conscience in this case being more powerful then the strongest constitutions And as for any absurdity in their being kept without fire-light c. it supposes that they have had time enough at the Trial or might have had to be fully satisfied from the examination of the Witnesses in the right state of the Cause which then they are to look to and to clear all their scruples by what questions they please and well to understand themselves and one another before they discharge the Witnesses or go together And this standing for good what cause is there they should have any longer time then is admitted them Except to to make them liable to corruption For my part I have heard many discourses touching Juries but never any material exception against the way of Trials by them Indeed I have heard divers complain and wonder that the way of proceeding before Causes come to Juries should be so tedious so full of charge trouble and perplexity since in their accompt there is very little more requisite in any Cause but a convenient time for preparation and appearance as about a Month or two and then one chief Officer a Judg or the like Witnesses and a Jury and time for Trial and so an end A dispatch as speedy with less charge and more certainty than any new thing proposed by this new Inventor most of the accustomed pleading serving rather to perplex then clear the Cause to the understanding of the Jury Which ocasioned that at a certain Trial time was after the state of the Cause was set forth in the Declaration the Councel beginning to speak the Foreman of the Jury cals to the Judg and tels him he had an humble suit to his Lordship well says the Judg what is it My Lord said he it is that now the state of the Cause hath been set forth we may proceed immedily to the examination of Witnesses and so to give our Verdict whil'st we remember what is material and that we may spare the labour of these Gentlemen the Councel on both sides whom I see are prepared to speak largely thereunto for truly my Lord if they shall fall to work as they use to do our understandings will be so confounded by their long discourses and many niceties as we shall not be able so rightly to judge thereof as now we shall this was his humble motion but the Judg having formerly been a Pleader laught at the honest man and so did all the Court except some plain people that had so little understanding as to think there was reason in it But such was the sport of those times and perhaps may make some merry now but yet they may consider that mocking is catching and that laughter oft ends in Lachrymae 'T is but a story yet a true one and may one day be acted to the life and with a general applause so it be well and throughly done And do this man what he can the many good mens lives and estates that have been preserved by Juries will never be forgotten whil'st England is England and wherein I deem my self so much concerned as in gratitude I justly owe my Country this service but have done it gently as judging gentle Correction to be the best and the rather because the Objector is of my acquaintance which made me indeed unwilling to undertake him left it might be deemed disagreeable to friendship but seeing no body else did and since he knew my minde to be against his Propositions and much more against his endeavour to deprive us of our Juries and yet would publish them to the prejudice of Common Right against which in all his writings he hath uttered most irradicating expressions I take it this Word of Correction is properly bestowed on him and I hope profitably for the Common-wealth having indeed been born withall too long for whil'st the Husbandmen sleep envious men will be sowing their Tares To Correct all the rest of the errours in his little Treatise were an endless labour nor will this my present labour I hope be absolutly needful for certainly Juries cannot in time of Parliament b● in any danger and then they standing his project fals Only I thought it necessary to appear a friend to this my Countries principal liberty when any one should adventure to appear so palpable an enemy wishing with all my heart that hee may consider the nature of what he hath done remembring that as there was a Law amongst the Locrines I take it that he that moved to have any new Law established should appear as if he were going to Execation and if that he moved were not approved he was indeed to suffer Even so among us there is a Law called the Excomengement wherein all are accursed that shall move for any Law to be made contrary to our ancient Rights and to subvert the Fundamental Law hath been always adjudged a capital offence and though with help of a little Fasting-spittle a man may play with Quicksilver yet 't is a fond thing to take fire into ones bosom and venture upon a charm only to keep it from burning It were much better to pray unto God to give no more wit nor strength nor power than men have good consciences to make a right use of to his glory and their spiritual good Which is and shall be ever the hearty prayer of William Walwin FINIS

JURIES justified OR A WORD OF CORRECTION TO MR. HENRY ROBINSON FOR His seven Objections against the Trial of Causes by Juries of twelve men By WILLIAM WALWIN Job 22.28 Remove not the ancient Land-mark which thy Fathers have set Published by Authority London Printed by Robert Wood and are to be sold at his house near the Flying-Horse in Grubstreet 1651. Juries Justified OR A Word of Correction to Mr. Henry Robinson THough a silence had seiz'd me equal to his that was born and continued dumb till his father was in danger of being murthered yet retaining still a sincere and vigorous affection to my Native Countrey and seeing this mans Knife offering at the throat of our preservers such I esteem our Juries for Englands and for this its fundamental effential liberty I could not hold my peace but must tell Mr Robinson he deals most injuriously with his Country whereof he must either speedily repent or be made ashamed For how doth it appear That there is not a competent number of understanding and fit men to be had in the lesser divisions of a County for trial of all causes upon all occasions which is his first frivolous objection If by lesser Divisions he means Hundreds who doth not know it to be a most notorious slander there being not the least in England but affordeth a double competency of understanding and fit men yea should he mean Parishes I verily beleeve a sufficiency might even there be found for trial of all the causes of each Parish but that needs not the divisions of Hundreds being more commodious and the Hundred Courts being of ancient continuance might soon be reduced to the former use in which Courts before the Conquest all causes or matters in question upon especial penalty were finally to be decided in every Month. And though William the Conquerour was so unjust and unworthy indeed so perjured as to alter this course so far as to ordain that four times in the year for certain days the same businesses should be determined in such place as he would appoint where he constituted Judges to attend for that purpose and others from whom as from his own bosom all litigators should have justice from whom was no appeal and appointed others for the punishment of malefactors yet he never attempted to take away Juries as finding by the resolute strugling of the people against what he did that they would never bear it So as this Mr Robinson does what he can to induce the present Parliament to deal worse with us then the Conquerour did with our Predecessors not minding as it should seem how heinous an offence it hath been always judged for any to endevour the subversion of the fundamental Laws of the Nation nor regarding how frequently this Parliament have avowed to maintain inviolable those fundamentals in all things touching life liberty and estate with all things incident thereunto so as he invites them to do that then which nothing could be more dishounourable Insomuch as it is a difficult thing to conceive whence it is that he should engage himself in such a subject nor can I imagin except it be from his proneness to invention a humour for the most part got by travel but proving very unhappy to this Nation as might be instanced in our exchange of many of our substantial honest plain customs for Frenchified and Italianated inventions which have had no small share in our late distempers new platforms of Government sent English-fugitives abroad to reduce us into the like depth of bondage with our neighbours having been received with too great applause but it is strange the ill success of the inventers attempters few of which have escaped exemplar punishment should not as Land-marks warn travellers from such Shipwracks And of all our English travellers I say well fare Col. Henry Marten who returned a true English-man and continued so ever after always manifesting a most zealous affection to his Countries liberties and especially to this of Trials by 12 men or Juries as eminently appeared by his demeanor upon the Bench at Redding where it being his lot to give the charge to the Grand-Jury in the first place he wisht them to be rightly informed of their own place and authority affirming it to be judicial when as their owne meaning the Justices was but ministerial and therefore desired them not to stand bare any longer but to put on their hats as became them and not to under-value their Country which virtually they were or words to this effect which I the rather mention to set traveller against traveller for had he been a meer country Justice and not seen the world abroad this our Anti-Juriman possibly would have said it had been a vapour sutable to one that had never been farther then the smoke of his own Chimney for so our inventive innovating travellers use to silence those that oppose their corrupt reasonings And I have good hope our fear is our greatest harm for certainly the Honourable Parliament would never have referred the care of the Regulating of Law and its proceedings in so special a manner to Colonel Marten but that they approve of his affection to Trials per Juries But it may be he lays the most weight of his first Objection upon the word Vnderstanding that there is not a competent number of Vnderstanding and fit men Understanding indeed is very good but as I take it there is not so great a want thereof in England as there is of Conscience a faculty that puts on to the doing of what is approved to be ones duty and to the resistance of what is not a little quantity whereof in my opinion were very wholesom for one that is troubled with the rising of such Objections But as for understanding sufficient to judge between right wrong in any case where proof is to be made by witnesses openly and freely to be examined and where a man shall be sure to have the help of eleven more equally engaged under oath to be careful therein truly I wonder that any man not suspicious of his own judgment or not over-weening it should so much as doubt that a competency of such understand fit men are not in every lesser Division or Hundred to be found Indeed understanding is in great reputation and so is utterance too but yet nothing is so precious as a true conscience not such a one as is satisfied with touch not tast not handle not nor with saying Corbun nor with observation of days and times no nor with saying Lord Lord but with doing judgment and justice in delivering the Captive and setting the Oppressed free in feeding the Hungry clothing the Naked visiting the Sick and the imprisoned and in faithfully keeping all promises and compacts amongst men without which civil societies cannot be maintained And certainly any one that hath such a good Conscience would make a Conscience of removing so ancient a Land-mark which our fore-fathers have set Job 22.28 and more of