Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	court_n	criminal_a	1,645	5	10.8192	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87440	The juries right, asserted and vindicated by the ancient and good law of England VVherin is clearly discovered the necessity, benefit, and safety of juries, in opposition to those corruptions, and many evils that are incident, and do attend judges (as they are cal'd) both in civill and common courts. Occasioned by the late unjust, cruell, and illegall triall of Mr Tho. Webbe, at the sessions held for London and Middlesex in the Old Bayly. By Abraham Lawmind, ear-witnesse of the said triall, a hearty well-wisher of the common good.	Lawmind, Abraham.	1654 (1654)	Wing J1215A; ESTC R229627	8,730	16

The Juries Right Asserted and vindicated by the Ancient and good Law of England VVherin is clearly discovered the necessity benefit and safety of Juries in opposition to those corruptions and many evils that are incident and do attend Judges as they are cal'd both in Civill and Common Courts Occasioned by the late unjust cruell and illegall Triall of Mr Tho. Webbe at the Sessions held for London and Middle-sex in the Old Bayly By Abraham Lawmind ear-witnesse of the said Triall a hearty Well-wisher of the common good Deut. 17.6 At the mouth of two Witnesses or three Witnesses shall he that is worthy of death be put to death but at the mouth of one Witnesse he shall not be put to death Chap. 9.15 One Witnesse shall not rise up against a man for any iniquity or for any sinne wherein he sinneth but at the mouth of two Witnesses or at the mouth of three Witnesses shall the matter be stablished LONDON Printed for H. J. 1654. The Juries Right c. Gentlemen SEriously considering of the great weight of your imployment and the great trust reposed in you by the Constitution of our good ancient Lawes placing the Issues of life and death of the Prisoners whose cases come within your cognizance in your honest and judicious consideration The Law of this Land constituting you Judges both of Law and fact and indeed making you the chiefe Judges in the Court all others but inferior to you as appears by the Lord Cookes Cōmentaries on Littleton viz. In this case the Recognitors of the Assize may say render to the Justices their verdict at large upon the whole matter and in another place he saith viz. for as well as the Jurors may have Cognizance of the Lease they also may as well have Cognizance of the Condition And further Cook there saith Here it s to be observed that a speciall verdict or at large may be given in any action and upon any issue be the issue generall or speciall and in Section 368. Littleton hath these words also in such case where the inquest may give their verdict at large if they will take upon them the knowledge of the Law upon the matter they may give their verdict generally Cooks words upon it are to the same purpose viz. That the Jury if they will take upon them the knowledge of the Law as Littleton here saith may give a generall verdict and this we see made good in all 〈◊〉 where Juries doe not onely judge of the validity of the proofe of the fact but also of the Law by assigning what ●●●●●ges they thinke is just I say these things induced 〈◊〉 to offer unto your serious thoughts these following lines in part disburthening my selfe of those many sad thoughts which I contracted to my selfe at the last Sessions held in the Old Bayly for the City of London and Middlesex at the Triall of one Mr. Tho. Webbe a Gentleman to whom I am altogether a stranger onely being present in the Court when he was call'd to the Bar and perceiving a high designe carried on by the Court against him I was very intentive in hearing the triall for the information of my selfe And having heard it and strictly examining the severall passages thereof and then inquiring of an Officer how long the Gentleman had been in custody I was informed that hee was committed by Lievetenant Collonel Barksteed and Mr Baldwine Gent. Porter of the Tower for coyning and had been in Newgate 9 weeks At which I could not but much wonder that a Gentleman and indeed any should be committed to Prison for one fact and when Sessions comes to be indicted for another it being a ready way to destroy even the innocentest of men For when one committed to a Goale makes preparation against his Triall for what hee was committed when hee comes to be arraigned he shall bee arraigned for another thing unthought of by the Prisoner and shall bee forced to joyne issue thereon What a most sad condition is that Prisoner in And what illegall and cruell dealings are these putting the Prisoner on the greatest hazard and danger of his life being so suddenly surprized by an Indictment against which he hath made no provision This I perceived was the case of Mr. Webbe who had hee not undauntedly withstood the malice carried on against him and the Gentlemen of his Jury had not beene men of honest mindes Gentlemen discreet and knowing the danger was so great by reason of the mallice carried against him that nothing but life would satisfie which fully satisfied me of the necessity of Juries the only equall and best way of deciding and terminating of Causes whether civill or criminall they being the Guard of our Estates Liberties and Lives The Court many times are interested by made friends and indeed the chiefe thereof their places are their trades and where there is continuance in any Office oaths though never so binding weare out and little regarded the great grievance and crying sin of this Nation as is witnessed by daily wofull and sad experience But now a Jury consisting of 12 honest and indifferent men whose places are not their trades who have not yearly allowances for the same and who only serve being elect●d and not perpetuated in their places I appeale to all rationall men whether such a way bee not most equall most safe and secure and whether there be that probability of the Juries being corrupted made friends c. as of the Iudges as they are called No I conceive it 's the standing water corrupts and gathers filth and not the running stream c. And now Gentlemen whose lots it shall fall out to be to serve in the Iuries for London and Middlesex your Office being of such necessity and beyond which the wisest of men cannot invent and finde out a more equall safe and beter way I shall proceed to give you a true and briefe relation of the Gentlemans Triall before mentioned wherein you may see the hazards poore prisoners are many times put upon and how much the Court stops the legall Current of your right as you are Iudges both of law and fact and sworn equally between the Common-Weale and Prisoner at the Bar and be rouzed up like so many English men to claime your right to lose no part of it it 's not onely the Prisoner at the Bar suffers but many times endeavours are made to stifle the light of a good conscience in you therefore Gentlemen know what you are stand fast in it let a good conscience alwaies dwell in you for Divine Providence hath call'd you forth to stand betweene life and death to judge betweene the nocent and innocent that the evil may be punished and the good justified Now Gentlemen I desire you to understand that the last Sessions held in the Old Bayly began on a Wednesday the 12. of December last and ended Saturday following on which day I being there indeed only to see passages and to informe