Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	defendant_n	plaintiff_n	3,417	5	10.5128	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00586	The widowes petition delivered in a sermon before the iudges at the assises held at Northampton, Iuly 25. 1633. by Antony Fawkner, parson of Saltry All-Saints, alias Moygne in Huntingtonshire.	Fawkner, Antony, b. 1601 or 2.	1635 (1635)	STC 10724; ESTC S101885	19,826	36

all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Parables high Sentences so the Prophet expounds the former by the latter I will open my mouth in a Parable and declare high sentences of old Psal 78. 2. Yea and Christ too who came after him though he was before him preached the doctrine of his Kingdome to the multitudes in Parables without Parables spake he nothing vnto them S. Mat. 13. 13. For as we cannot see the Divinity but only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 winking and with infirmity apprehending rather what he is not by the negation of his creatures then comprehending what hee is by the position of his Nature so also for otherwise then our selues know him we cannot reveale him we can only treade vestigia those footsteps which hee hath imprinted in his creatures and so ex pede Herculem coniecture the brightnesse of the creator by the glimps of his glory shining in the creature The divinity which the man heard in the third heaven were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 words ineffable 2. Cor. 12. 4. And the doctrine S. Paul taught on earth contained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some things hard to bee vnderstood 2. S. Peter 3. 16. So transcendent is the subiect that its expression must needs bee difficult The chamber of his Maiestie is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Light inaccessible 1. Tim. 6. 16. A light that illumines the humble back-standers and a light that dazels the saucy intruders The disciples could see S. Math. 13. 16. The multitudes could not see vers 13. and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the text therefore spake hee to them in Parables In all which Parables Maldonate obserues two things remarkable Partes ad necessitatem Emblemata ad ornatum the necessary parts of which they are composed and the emblematicall Accident with which they are garnished The necessary parts to instance in the Parable wee haue in hand are the Iudge and the Widow without which could not consist in the Parable the Analogie between thē God his Elect. The ornament are the Accidentall concomitants as the City the forme of the Iudges selfe-communication the set composure of the Widowes petition Which had they beene omitted yet had not the Parable in its substance beene at all vnioynted The Parts as respecting the Allegoricall scope we passe by as not proportioned for this occasion But stay with me a while I beseech you vpon part of the ornament viz. The set forme of the Widowes petition For by reason that Quod significativum est alterius cuiuspiam in sensu tralatitio primò significativum est sui ipsius in sensu primaeuo whatsoever signifies another thing first signifies it selfe Nero first expresseth the Emperours person in his owne name though secondarily any barbarous or inhumane tyrant Though this petition in sensu Allegorico in the Parabolicall scope and figuratiue sense includes the prayers of the Elect to God yet in sensu Primauo in its first and literall sense saluâ ad Scriptur as sacr as Analogiâ without violence at all to holy Scripture it expresseth what it selfe is the supplicacion of a distressed Widow for reliefe vnto the Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doe mee Iustice against mine adversary Evill I know it would agree both with this place and my calling Right Honourable if I should performe what some I question not promore suo according to their ill wont may expect in converting the reverend modesty of a Sermon into the snarling petulancie of a Satyr The vniust Iudge in the Parable administers noe matter to cavill against your equity nor covertly to traduce your vndoubted innocencie S. Augustine absolues mee from the suspicion and frustrates their expectation in his judicious warrant of the Parables interpretation For the scope of this Parable includes an argument à Minori ad Maius or à Dissimili from the disproportion of an vnjust Magistrate to the just God The gradation is this If a man sold to injustice and obdurate hardned in cruelty yet at length by incessant cries and continuall suit bee mollified and inclined to lenity and a iust commiseration of the Orphans misery and avenge vpon the oppressor the wrong of the poore orator if he if such if so bad a man doe so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will not God The words are equivalent with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yea much more will God avenge the cry of his Elect. vers 8. Let then the sense be as we take it literall If an vniust Iudge haply vsurping haply abusing his lawfull power yet overcome at length with importunity of petitions and requests doe Iustice to the Widow and deliuer her from her oppressors if hee if such an one doe it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will not God will not you who are Gods yea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 much more will you doe so You who are the worthy substitutes of a most Religious and indeed a matchlesse Prince who himselfe is the vicegerēt of the most righteous God Dixit Dominus Dij estis God hath said that you are Gods the protectors of his poore and the Iudges of his people to whom then but to you should the Widow cry Doe mee iustice against mine adversary Concerning the words beloued poyze them but judiciously and you shall apprehend a whole court of Assise in the Church before you come to the Bench. First then let the order of words and construction giue place vnto the order of Legall processe in trials and then plainely see Actorem the plaintife in the person of the Widow and vnder it comprehend the necessary supporters Testes or witnesses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ME doe MEE iustice In the second place view Reum the defendant Qui litiganti se opponit which opposeth the Plaintife so Budaeus interprets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Adversary and vnder that title againe implie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Advocates counsell pleaders or defenders of the cause And when all these haue spoken what can be expected saue a Verdict from the Iury and sentence from the more eminent Iudge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doing Iustice according to the petition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doe Iustice Loe six requisite persons to this grand-grand-Court in three words are eminent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doe iustice there is the Iudge and the Iury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mee there is the Plaintife and the witnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Adversary Ther 's the Defendant and his causes patrons his counsell Of these God assisting and first of the Plaintife and her witnesse in the person of the Widow expressed in the Pronoune ME MEE I beginne with the Plaintife for indeed shee beginnes the suit or action and insomuch as shee is oppressed petitioneth but as she is a subiect challengeth the priviledge of Iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vidua A Widow though the plaintife bee yet a naturall liege-woman she is and our lawes are no lesse comfortable then were Solons remouing 〈◊〉 〈◊〉 〈◊〉 〈◊〉

〈◊〉 the burthen of oppression from the shoulders of the innocent If those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the commonwealth of Athens the Great ones intruded vpon the aunciently most wretched 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the poore Plebeians right the Tribunall of Solon was immediatly their Sanctuary and the glory of his wisdome was the wisdome of his government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he weighed Iustice equally vnto them all The honour of great persons might indeed chalenge a reverence but in foro Iustitiae in the court of Assise there was no difference As the offensiue poore were never pitied neither were the iniurious Potentates ever priviledged If then the Widow be wronged she is priviledged to complaine without leaue I say no more in the behalfe of the Plaintife then what a great Iustice Adrian the Emperour himselfe hath taught mee in the case of the Defendants who craving licence to answere receaued this answere Hoc non peti sed praestari solere that their petition was frivolous sith they might demaund what they craved For indeed that is the armour which God left vs when he disarmed vs of private revenge Hee keepes that to himselfe vengeance is mine saith the Lord. Deut. 32. 35. But liberty to complaine hee grants vnto vs When they haue a matter they come vnto mee saith Moses Exod. 18. 16. yet though God giues vs leaue to complaine of our oppressours hee doth not grant vs liberty to bee Baratours against our neighbours An humble Plaintife is a terme expressing an injured innocency but a common quarreller or accuser a note of infamy Abel was a Plaintife Clamavit vox sanguinis c. The voice of thy brothers blood cries vnto me Gen. 4. 10. But the Divell himselfe is no worse then a common sute-monger 't is one of his hatefull names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The accuser of our brethren Rev. 12. 10. Two things therefore are to be enquired in the Widow complaining 1. whether she bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vidua a Widow at all 2. whether shee be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Widow indeede For the first then if wee examine the Quid nominis the definition of the Latine name from that Etymon wee shall easily expresse the nature of the thing Vidua quasi a viro idua from Iduo Hetrusco verbo an obsolete word for which both Gellius and Varro are quoted authors signifying to divide separate or part So that Vidua is mulier a viro iduata a woman separated from or deprived of her husband And such a one if a Widow at all must the Plaintife bee one so within the virge of the Iudges dominion that shee is vtterly destitute of all other protection For else if his tuition belongs vnto anothers iurisdiction Quis te constituit Iudicem Who made you a Iudge there Falcem iudicij mittere non potes in eam rem quae alteri videtur essecommissa S. Gregory determines it a main errour in Iudgement to put a sickle in another mans harvest to wrest and scrue that cause vnto a lay inquisition which properly pertaines to the ciuill Iurisdiction The plaintife here is no widow no no more thē that wife is a wdow which is not forsakē but forsakes her husband A protectour she hath but shee reiects his aide and a Widow if shee seeme to be shee doth indeede but seeme so to be or at least 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Tim. 5. 6. a lasciuious widow shee is who delights as in multiplicity of courts so in plurality of husbands and so can never be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a widow indeed 1. Tim. 5. 3. which is the second quaerie And here againe the Apostle helpes vs. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a widow indeede is expressed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vers 5. that is desolate or left alone and is farther noted in the same verse by workes of piety So that to make the Plaintife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a widow indeede two things againe a re requisite a desolate Pouerty and an oppressed innocency For Poverty of it selfe alone as a Species of misery is the obiect of compassion and mercy Misericordiae sedes Miseria est St Bernard tels vs that mercy lookes not so much vpon what is vniust as vpon what is vnhappy but Iustice on the other side takes little or no notice of generall calamity and wholly fixeth its vnpartiall eye vpon an indifferent equality So that misery in its community as not pertaining to Iustice is only the motiue and Obiect of mercy but where calamity complaines of oppression there euen Iustice hath bowels too and with mercy to the innocent avengeth in equity Thus the poore in the eye of Pitty is in generall every one that wants but the poore in the sight of justice is hee only he that wants his Due So that oft times the rich man becomes the Widow and a poore snake of farre meaner fortunes is justly intituled the oppressour For in the estimation of Iustice he only is the Widow not which hath the least estate but the most wrong If therefore the Plaintife be an vniust caviller hee does but vsurpe the widowes place he is not so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Indeede And then though his misery pleade never so pathetically for Pitty yet Suâ sponte se obstringens sceleribus non infelix sed iniustus censendus est saith Philo hauing both voluntarily and vniustly accused the innocent he is not so much to be commiserated because vnhappy as punished because vnrighteous And therefore God himselfe excludes his poverty from mercy Thou shalt not esteeme a poore man in his cause Exod. 23. 3. As then the Widow indeede is to be relieued so the counterfeit petitioner is to bee reiected The schooleman alots a Talion for the one and that from the great Bishop Adrians decree qui non probaverit quod obiecit paenam quam intulit ipse patiatur let him that accuseth and cannot proue what he suggests vndergoe that punishment which the defendant should haue suffered if the suggestion had beene proued A iust sentence no doubt it is as well in controversies as criminalls And to this end wisely though more gently did the Athenian Magistrates demande 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab Actore Reo Mony-pledges proportioned to the quality of the cause from both demand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab Actore Reo Mony-pledges proportioned to the quality of the cause from both the Plaintiffe and the Defendant at the beginning of each suit Vt qui causa caderet c. saith my Author That he which after the triall was cast might by this over plus of losse be taught never after saucily to trouble the Iudge or perversely to molest his quiet neighbours with causelesse suits or frivolous complaints And againe the Apostle prescribes an honour to the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Honour those that are widows indeed Honour them with the honour from the husband due