Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	law_n	matter_n	1,445	5	5.3017	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88684	Considerations touching the great question of the King's right in dispensing with the penal laws Written on the occasion of His late blessed Majesties granting free toleration and indulgence. By Richard Langhorn, late of the Middle Temple, Esq;	Langhorne, Richard, 1654-1679.; Langhorne, Richard, fl. 1687.	1687 (1687)	Wing L396A; ESTC R229629	25,471	35

Exercise of his said Power yet his continual Exercise of the same Right in the other last mention'd Cases makes it evident that it is only a wavior in this single Case in particular Circumstances and upon such Advice as that he still nevertheless thinks it most reasonable and legal to continue the Dispensations by which his Majesty hath Suspended those other Laws And it were Injurious to the Care and Wisdome of his Majesties Great Counsel and to the providence and foresight of his Counsel Learned the Judges to conceive that they do not take the Execution of those other Laws to stand well Suspended by his Majesties respective Proclamations by which they stand Suspended whilst yet they have not complained of those Suspensions nor prepared or advised the preparing of any Bills to be offered to his Majesty for the Repealing or Suspending of those Laws by Act of Parliament Object XI That all our present Judges have expresly declared their unanimous Opinion in the very point by giving in Charge the Laws intended to be Suspended by his Majesties late Declaration which hath been the Occasion of the Publick Debates touching this matter albeit the said Declaration did expresly affirm the said Suspension to be for Publick-Good Answ The Proceedings of our Reverend Judges are always Regulated by prudent but strict Rules and those Rules relate as well to matter of Form as to matter of Substance This our Law requires and by their Oaths they are bound up to proceed according to Law which is the true reason why many Judgments given in our several Courts are afterwards reversed in Cases otherwise very honest and just Learned Men have been often heard to wish that Matters of Form might be less Considerable in our Laws And that our Judges of every Court of Law had also a Power to Consider and Judge also of Equity in all Cases coming before them It seeming very harsh to such as do not throughly grasp the Reasons of things to hear it said that an honest just Cause was lost for matter of Form or because of the Errror or Ignorance of a Clerk And that Law in such a Case is one way and Conscience and Equity another way And these things seem often times in particular Cases to be very mischievous But when it shall be consider'd That this way of being tyed close even by an Oath to strict Rules is that which preserves us from Arbitrary Judgments and keeps all things Certain and that many particular Mischiefs are rather to be tolerated then the great and common Inconveniencies endured of Trusting any Judges whatsoever with an Arbitrary Power And that for the Relieving even of particular Persons against such mischiefs as may happen from the Close Observance of these strict Rules our Government hath appointed Courts of Equity No one can reasonably Complain that they are hurt or Injured Now it is conceived that the reason of this way of proceeding in our Judges in the Poynt objected was not that they judged the King to have no Power to Dispence with Penal Laws for the Publick-Good and when Necessity and Reason of State required but they were tyed up by their Oaths as is before-mention'd And consequently were bound not only to consider the substantial part whether by the King 's sole Power the Execution of Penal Laws upon Grounds warranted by Law might be Suspended But they were also to Consider the Form and Manner of the King 's Executing of this Power And if the same were not done in such manner as the Rules of Law required they could not legally be so bound by it as to be Excused from giving those Statutes in Charge though they might otherwise have a Liberty so far to comply with the Publick-Good and with what the King whom the Law hath constituted Judge of what is so judged to be necessary for the Publick-Good as not rigorously to compell the Execution of what they were nevertheless bound by their Oaths to give in Charge And this is conceived to be the true State of the present Case urged in the Objection which rightly understood makes nothing against the King's Right here affirmed and justifies the Prudence and High Integrity of the Lords the Judges The King found it absolutely necessary for Common-Good being to Engage in a most necessary War to suspend the Execution of several Penal Laws The Resolution taken in the Case was upon serious Debates had with his Ministers of State it being purely an Affair of State consequently his Majesties Counsel of Lawyers were not consulted in the Poynt it not being within their Cognizance to Advise in Affairs of State such as are the making of Peace or War c. Nor do they think themselves disparaged in being omitted out of Consultations of this nature The King upon this Advice resolves upon the thing as necessary and finding in common practice That it was not to be doubted but that he had a Power inherent in him to do this His Majesty having formerly Exercised this Right in the aforesaid Cases of Suspending the Execution of several Laws made in Relation to Cart-Wheels French-Wines c. In all which his Counsel of Lawyers had prepared and drawn up the Instruments by which the same were Suspended and no Complaint or Exception was ever taken against the same by any of the Judges or by the Parliament The form of doing this was by his Majesty left to his Ministers of State because it being matter of State it lay most properly within their Sphere to express the Reasons which were therein to be set forth for the doing what was to be done These States-men being solely used to consider matter of Substance and being mere Strangers to matters of Form and consequently not reflecting upon matter of Form as necessary drew up the Instrument by which this Suspension was to be Executed by the way of a Declaration and thought the passing of that Declaration in Council by his Majesty and the Publishing the same in Print being in their Judgments the sole matter of substance was all that was necessary in this Affair But it happened in this Case that for want of Advising with his Majesties Attorney General by whom those Instruments were prepared which suspend the Execution of those other Laws there was something amiss in this So that it came not so Legally and in such Form to the Judges as those others did consequently they could not by reason of their Oaths omit to give in Charge the Laws intended to be suspended by this Declaration Yet they took care like most prudent Persons and most Loyal and Dutiful Subjects not to press the rigorous Execution of any one of those Laws because the King had declared his Royal Judgment That the Execution of them was to the prejudice of Common-Good Nor yet did they proceed to declare any Reason why they continued to give the same in Charge nor to declare any Negative Opinon that the same were not Suspended But left all men to conjecture