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	judge_n	law_n	3,228	5	4.7516	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67239	A prospective glasse wherein Englands bondage under the Normane yoke, with the rise, growth, and continuation is clearly asserted, a subject not yet treated upon ... shewing how the law came to be in an unknown tongue, and from whence the judges and other inferior lawyers had their beginning, and in opposition to former law, how the 4 termes of the yeer came to be kept : as also, the corruption of this law, bringing with it the fines and rents to the lord of the manor for all free- holds and copyhold land : being a collection from the most choice of modern historians : with some copyhold land : being a collection from the most choice of modern historians : with some brief observations upon Scripture, as proving from thence that this law is contradictory to the nature of God's dealing with the sons of man, and contrary to the nature of freedome / by a lover of Englishmens freedomes.	Lover of Englishmens freedomes.; Walker, Henry, fl. 1641-1660.	1649 (1649)	Wing W380; ESTC R24593	17,780	25

through the unjustnesse of their custome served a time to come to be a Lawyer whose first rice was from the will of a Tyrant The originall of a servant serving a time to a master is to learn a trade that so he may make the benefit of his ware even so the rice of a man being a Lawyer is that he may sell the Law to his chapmen otherwise called Clyants so that the Law is bought and sold by the Lawyer and the Clyant Surely if this were looked into with an eye of reason it would appear to be as unjust namely the practise of Lawyers to ingroce the Law into their own hands to make merchandize of it as the monopolizing Pattentees The second quaere that may be made is how the Lawyers appear to be bondages to the Commoners of England I answer in this that if any one seek for the benefit of the Law he must fee his Lawyer or else he must loose his right So that as in the time of Christ the Jews could not have the benefit of their Law but by the Romane governors and that appears about the tryall and condemning of Christ they must lead him away to Pilate that he might condemne him for they could not of themselves without Pilate Even so the Commoners of England cannot have the benefit of the Law but by feeing the Normane custome-upholders Another quaere may be made But how should any man come by that which is his own but by the Lawyers To this I answer That it is the Law not the Lawyers that gives any man his right and if there were no Lawyers yet persons might come by their own by Law For I reason thus That the Lawyers themselves ought to plead according to Law and then if it be so it must be considered that the ground of the Lawyers plea ought not to be from themselves but from the Law and so consequently it must follow that the Lawyers themselves are in no other place but to get away money from the Clyant who might if things were equally carried come by his right without them In the History of the Lives of the three Normane Kings of England in pa. 98. saith thus That William the Conquerer ordained also his Councell of State his Chancery his Exchequer his Courts of Justice which alway removed with his Court these places he furnished with Officers and assigned foure Termes in the yeer for the determining of controversies among the people whereas before all Suits were summarily hea●d and determined in the gemote or monthly Convention in every hundred without formalities or delay If it be looked upon in the Courts of Chancery and Exchequer the Officers that are in those Courts are such as stand by the Normane customes and that appears in their customes of pleading Causes for money making merchandize of the Law and so consequently of other Courts of Law the benefit of making merchandize of the Law is onely in the hands of Judges Councellers and Lawyers And further that the Commoners of England may be kept in ignorance from knowing the Law that they may live under and are judged by all Writs are issued forth in Latin and Causes pleaded in Latin The second thing that presents it self unto consideration is the foure Termes in the yeer to end controversies among the people and the custome of this is a great bondage to the Commoner when he hath occasion to go for Law and the bondage consists in three things First the coming from all parts of the Kingdom to Westminster foure times a yeer whereby the poore Commoner is put to great charges and pains to get all things ready for his journey and many times are constrained to borrow money to bear their charges the journey being long and chargeable and for the experience of them that have had to come upon such designes to Westminster from all parts of the Kingdom testifie by the filling of their purses at home and their emptying of them by the way and at London and Westminster Secondly this is not all the laying out and spending of their money in the long journeys from all parts of the Kingdom to Westminster but when they come thither there are Lawyers and Councellors to fee which is many times as much and more twice told then the clyants expences in his journey Thus hath the Normane customes brought heavie burdens upon us and upon our fore-fathers in this thing so that well may that speech of Christ which he spake to the Lawyers in his time be justly applyed to the Lawyers in our time Wo unto you also ye Lawyers for ye lade men with burdens grievous to be born Thirdly this is a bondage again in this sence by hindering the old custome before the Conquest which was to have every mans Cause tryed in the Hundred where he lived without coming to Westminster at all and so had justice in the Hundred once every moneth From the things that have been spoken these things do offer themselves to our consideration First that for persons so judged by Laws in an unknown tongue is an arbitrary power contrary to true reason and honest plain dealing Secondly for Lawyers to have money for pleading of causes is to make merchandize of the Law to the people Thirdly for the standing and custome of Lawyers as now they are is a representative of slavery and bondage Fourthly for pleading of Causes in an unknown tongue is to take away the key of knowledge Luk. 11. 52. from the people of their liberties birth-rights and Laws and to keep them in blindnesse and ignorance Fiftly for coming to Westminster from all parts of the Kingdom is a spending of the Commoners money loosing of his time and neglect of justice done to the Commoner as was in that short time once every moneth in every Hundred before the Conquest According unto that equall rule As ye would that men should do unto you so do you unto them for this is the Law and the Prophets is the practise of all Arbitrary power whatsoever condemned And surely if ever there was an arbitrary power in any thing it was and is in this to make Laws in an unknown tongue to govern and rule a people The unjustnesse of this custome may more fully appear if we look into the manner of Gods giving of his Laws unto the sons and daughters of men if it be looked into in what manner God gave the Law unto the children of Israel it will appear to be given in that tongue they could understand Deut. 30. 11 12 13. This Law which I command thee this day is not hid from thine eyes neither is it far off It is not in heaven that thou shouldst say Who shall go up for us into heaven and bring it unto us and cause us to hear it that we may do it Neither is it beyond the Sea that thou shouldst say Who shall go over the Sea for us and bring it unto us and cause us to hear it that we

fashioned by him as should be best fitting for his advantage And in the 86. page of the same History the stoutest of the Nobility and Gentlemen were spent either by war or banishment or by voluntary avoidance out of the Realm all these he stript of their estates and instead of them he placed his Normanes insomuch as scarce any family of the Nobilitie of England was left to bear any office or any authoritie within the Realm And so likewise in the Acts of the Church in pa. 173. he gave the Normanes the chiefest possessions of the Land he changed all the Temporall Laws of the Realm And so in the Summary of English Chronicles in p. 41. the Normanes accomplished their pleasure upon the English-men that there was no Nobleman of that Nation left to bear rule over them so that it was a reproach to be called an English-man In the Acts and Monuments of the Church in pag. 173. that William the Conquerer ordained Laws at his own pleasure profitable to himself but grievous and hurtfull to the people abolishing the Laws of King Edward the Confessor whereunto notwithstanding he was sworn before to observe and maintain And so in the Acts of the Church in pag. 44. he changed all the Temporall Laws of the Realm And so likewise again in the Acts and Monuments of the Church in pag. 166. contrary to his Oath at his Coronation he abolished the Laws of Edward the Confessor and placed the most part of his own Laws in his own language to serve his purpose which as yet to this present day in the same Normane language do remain Further to make the thing in hand clearer I shall speak as it is declared in the Lives of the three Normane Kings of England in pa. 101. William the Conquerer caused part of those Laws which he established to be written in the Normane language which was a barbarous and broken French not well understood of the naturall French and not at all of the vulgar English the residue were not written at all but left almost arbitrary to be determined by reason and discretion at large Hereupon it followed partly through the ignorance of the people and partly through malice of some Officers of Justice who many times are instruments of secret and particular ends that many were extreamly tangled many dangered many rather made away then justly executed And in the 96. pag. of the same History of the Lives of the three Normane Kings of England William the Conquerer in the beginning of his Reign ordained that the Laws of King Edward should be observed together with other Laws that he did prescribe but afterward he commanded that nine men out of every County should be chosen to make a true report what were the Laws and Customes of the Realm of these he changed the greatest part and brought in the customes of Normandy in their stead commanding that Causes should be pleaded and all matters of form dispatcht in French And in the Summary of English Chronicles in pa. 41. there sprang up wicked Customes the more the people spake of equity the more wrong was done the Justicers were authors of all unrighteousnesse In these words these things offer themselves to consideration First that the end of William the Conquerers Laws was for his own profit and that appears by the way that he took in making of his Laws in his own language which was a barbarous and broken French not well understood of the naturall French and not at all of the vulgar English so that the people of England was under a Law that they understood not which must of necessitie be a sore and heavie yoke for the people to bear from this Will the Conquerer arose the Law in an unknown tongue which to this day is a bondage to the English Nation For a Nation to be under a Law that they know not is to be under a curse so in Deut. 28. 49 50 51. The Lord shall bring a Nation against thee as swift as the Eagle flyeth a Nation whose tongue thou shalt not understand A Nation of a fierce countenance which shall not regard the person of the old nor shew favour to the young He shall eat the fruit of thy cattell the fruit of thy land untill thou be destroyed All these things have come upon this Land by the Normanes in these words In the Acts of the Church he gave the Normanes the chiefest possessions of the Land he changed all the Temporall Laws of the Realm Secondly the Laws of William the Conquerer were and are bondages to the English Nation when as by policie he commanded that nine men out of every County should be chosen to make a true report what were the Laws and customes of the Realm before the Conquest and then to change the greatest part and bring in the customes of Normandy in their stead commanding that Causes should be pleaded and all matters of form dispatcht in French By this it is apparent from whom the pleading of Causes by Lawyers came up and surely if the thing be well considered it is a grievous burden to the Commoners of England that must give away their money to the Lawyers to plead their Causes by this the poore Commoner of England payes dear for coming by that which is his own when he hath occasion to deal with the Lawyer By this pleading of Causes by Lawyers the poore Commoner buyes his Law at a very hi●h and excessive rate A poore man may work a quarter or half a yeer to get as much money as the tryall of one Suit at Law will cost and when the Lawyer hath pleaded and gotten the money the thing at last must be ended by arbitration I find in the way two main things to be answered The first is this From what principall the Lawyers and Councellors as they now stand did rise To this I answer From an arbitrary power profitable to themselves but grievous and hurtfull to the people And if the originall of their standing be looked into it will so appear For the Conquerer making such Laws as that the Commoners of England could not have the benefit of the Law but through the Normane Lawyers making merchandize of the Law to the people and so great gains came in to the Lawyer through this subtilty and knowing well that by that craft they had their living made Laws that none should be a Lawyer but he that took his degrees at the Universitie or Inns of Court so that it came to a custome and yet is that parents set their children to School to study Law that thereby they might be rich and having learned the Art to use the silver hook they became great the parents nor the childe consider not at all the tyranny of the rice of that custome And thus as a childe is bound to a mas●er to learn his trade and to be a Free man of that place in which he hath served the time of his Indenture so the Lawyers

may do it But the word is very neer thee even in thy mouth and in thy heart to do it God deals thus with creatures in his giving of laws unto them so plainly in that tongue and manner of way that is known unto them that they cannot say We have not heard it nor known it but it is very neer them in their mouthes and hearts to do it so that they are left without excuse Rom. 1. 20. Gods wayes are equall wayes and therefore he so gave the Law unto the children of Israel that they were not to know it onely themselves which heard the Law delivered by the hand of Moses but they were to teach it unto their children and to talk of them when they tarried at home when they walked by the way when they rose up when they lay down and to put them as frontlets between their eyes and to write them upon the posts of their doores and upon their gates being publickly to be known and declared unto all the Nation Also this manner of making Laws or giving Commandments to people in a known tongue was practised even by Heathen This appears in Esther 8. 9. Then were the Kings scribes called at that time in the third moneth that is the moneth Sivan on the three and twentieth day thereof and it was written unto the Iews and to the lievtenants and the deputies and rulers of the Provinces which are from India unto Ethiopia an hundred twenty and seven Provinces unto every Province according to the writing thereof and to every people after their language and to the Iews according to their writing and according to their language So much equity was among the Heathen that in this thing they are our examples for us to follow their way to make laws according to the language of the people that are to be guided by them It is a signe and token of a disobedient servant that goeth about to do things contrary to the way and minde of his Master even so is it a signe and token of the Governors of this Nation that made laws in an unknown tongue that the people of this land understand not to be disobedient stewards unto God They are against the nature of God and against the actings of God against his wayes by which he doth manifest himself unto the sons and daughters of men in these things First God is light and in him there is no darknesse at all 1 Joh. 1. 5. And whatsoever the dealings of God toward the creatures are they are light and make known to the creature the will of God and how to know him This is clear throughout all the Scripture from Genesis to the Revelation David saith Psal. 119. 105. Thy word is a lamp unto my feet and a light unto my paths that is the Law the Commandments of God was his rule that guided his steps But when the Law that should guide the Nation is in an unknown tongue it is neither lamp nor light for the peoples paths This may fully appear that the wayes of God are light to enlighten the people God sent his Son whom he saith is light in Isa. 49. 6. A light to lighten the Gentiles Luk. 1. 79. Light to them that sit in darknesse Joh. 9. 5. The light of the world Luk. 1. 77. To give knowledge of salvation unto people for the remission of sins That which makes Princes Rulers and People to be like God are works of light of which one is to make a known Law in a known language that the people might understand the Law It is one of the works of the devill to blinde the eyes of the understanding 2 Cor. 4. 4. and then consider what and whose work it was to put it into the heart of William the Conquerer to make Laws in an unknown tongue and who it is that sits in the hearts of the Judges Lawyers and Councellors of this kingdome who still hold up the custome of trying the Causes of the people in an unknown tongue I suppose it must be concluded it is the devill by these Reasons First because the works of the devill are works of darknesse and not light the end shews the event Now the work to make Laws in an unknown tongue for this Nation to be guided by is a work of darknesse for the effect of it proves darknesse and so brings darknesse and keeps the people in darknesse and so consequently is of the devill Do men gather grapes of thorns and figs of thistles by their fruits ye shall know them Matth. 7. 16. Secondly the works of the devil are destroying works therfore he is said to be as a roaring Lion seeking whom he may devour 1 Pet. 5. 8. And as the devil is said to be as a roaring Lion so likewise are tyranous Princes compared to Lions Prov. 28. 15. As a roaring Lion and a ranging Bear so is a wicked Ruler over the poore people So that both devill and cruell Princes are compared both to one thing then it will follow that those Laws that are cruell and hard yokes for the people to bear are the works of the devill in all such rulers Now if this thing be examined namely the Law in an unknown tongue I am bold to say that it will be found to be one of the greatest destructives to the well-being and freedome of the people as ever was heard of in any Nation For First those people that are free Commoners of England have been by that blinded and their eyes closed that they have not seen their priviledge in their free birth-rights Secondly they have been constrained to come from all parts of the Kingdome to Westminster and there commit the pleading and censure of their Causes to such men as made merchandise of the Law and their Causes as they pleased Thirdly they have been kept it may be some 2 3 4 or 5. yeers in Law whereby the Normane custome-upholders have greatly inriched themselves by removing the Suit out of one Court into another that many times it fals out that the Lawyer is enriched but the Clyant undone Experience proves this to be a truth Again if this thing be well considered namely the Law in an unknown tongue it is right opposite to the way of God First in the giving of his Son to be salvation to the ends of the earth Isa. 49. To open the blinde eyes this was Christs work but the Law in an unknown tongue doth not open the blinde eyes but those that are blinde it keeps still in blindnesse so in this it is opposite to Christs work Secondly Christ was sent to proclaim liberty to the captives Isa. 61. 1. But the Law in an unknown tongue proclaims no liberty no glad tydings no freedome to the oppressed but declares curse bondage and wo Deut. 28. 49 50 51 52. Ier. 5. 15 16 17. One of the priviledges that God promises to his people Isa. 33. 19. is Thou shalt not see a fierce people a people of a deeper

that Law that tendeth to this end to oppresse the widow and the fatherlesse cannot be concluded to be according to the Law of equitie God saith expresly in Exod. 22. 22. Ye shall not afflict any widow or fatherlesse childe And in Zach. 7. 10. God tels them that they should not oppresse the fatherles nor the widow This was that which God alwayes exhorts the people unto by the mouthes of the Prophets Zach. 7. 7. Isa. 58. 6. Isa. 1. 17. Then if it be considered that the widows are not to be opprest the Law of taking of Harriots of widows must be concluded to be Arbitrary power over the poore people Thus far to shew the arbitrarinesse of Fines and Rents and Harriots that are payed to the Lord of the Mannor I shall apply my self to give an Exhortation to the Commoners of England that they may see the great works of God that the Lord hath shewed from time to time unto this Nation since these troubles began that they might have them in their remembrance The Exhortation GLorious and great things hath the Lord the great Iehovah shewed unto this Nation since these troubles began and if well considered they are the dealings of mercy toward us even thoughts of love and of peace and good will If we consider the knowledge of our bondages that are now brought to light that have of long time inslaved this Nation for almost six hundred yeers that were brought upon us by Conquest and from the wills of tyrants over the people as the Law in an unknown tongue the standing of the Societie of the Lawyers the pleading of Causes in an unknown tongue in Westminster-Hall the foure Termes in the yeer the feeing of Lawyers the being kept ignorant from knowing the Law and their birth-rights the bondage of Rents and Fines and Harriots to the Lord of the Mannor the burden of Tythes all these things have and are looked into to be tyrannous to the Nation And although the Land hath suffered much since these wars began yet wars could not be avoided but they must needs be For as the bondages of this Nation came in by the Sword even so by the Sword the liberties thereof must be gained and that will appear because the Rulers of this land having brought the people into bondage there was no way for their greatnesse to fall but by the Sword This way in the eyes of God was good and the Sword hath prevented those actings of oppression even in the same members themselves if we do but minde it as last Summer when they made an Ordinance for to persecute men for conscience then presently after was the rising in Kent and Essex also when they would have brought home the King upon his termes by a Treaty they were disappointed in that also By these actings of God it is evident that he will destroy those things that are of the flesh in Noblemen to hinder them in the gentry to hinder them in others to hinder them that he onely may be exalted Oh therefore look upon the work of God rather then to look upon men according to dignities For as dignities are of the earth so they must be brought lowe even to the ground So that men shall not be looked upon as in reference to dignities but their actings shal be looked upon whether they be good or evill and so accordingly judged Therefore now in this time of searching let every one endevour to know those things that are freedom and liberty free from arbitrarinesse and ungodlinesse that they may know that which is profitable to all the Commonaltie of the Kingdom things good and wholsome to all the people of the Kingdom The end of my writing this Discourse is first to give the Commoners of England knowledge from whom the bondages that have inslaved the Nation proceeded Secondly that the Commoners of England may see how clear these bondages are against God against his way and against freedom and liberty Thirdly that the Commoners of England seeing of the unjustnesse of such customes may look for customes of liberty and freedome which is the desire of a Commoner of England For the further satisfaction of those that shall read and meditate upon this foregoing discourse I shall quote some Scriptures that speaks against the wayes of men that make follow and uphold the customes before mentioned that they are against the minde of God as he hath declared in word and also threatneth punishments unto those that practise them The unknown tongue for a people to be governed under is a curse to the Nation and not profitable Deut. 28. 49 50 51. The Lord shall bring a nation against thee from far a nation whose tongue thou shalt not understand Jer. 5. 15. Lo I will bring a nation upon you it is a nation whose language thou knowest not neither understandest what they say 1 Cor. 14. 4. He that speaketh in an unknown tongue edifieth himself 6. Now brethren if I come unto you speaking with tongues what shall I profit you except I shall speak unto you either by revelation or by knowledge or by prophesying or by d●ctrine 7. And even things without life giving sound whether pipe or harp except they give a distinction in the sounds how shall it be known what is piped or harped 8. For if the trumpet give an uncertain sound who shall prepare himself to the battell So likewise you except ye utter by the tongue words easie to be understood how shall it be known what is spoken for ye speak in the air 10. There are it may be so many kinds of voices in the world and none of them are without signification 11 Therefore if I know not the meaning of the voice I shall be unto him that speaketh a Barbarian and he shall be a Barbarian to me Against gifts or unreasonable Fees that Lawyers and others take of the Clyant whereby many times there is neglect of Iustice Exod. 23. 8. And thou shalt take no gift for the gift blindeth the eyes and perverteth the words of righteousnes Deut. 16. 19. Isa. 1. 23. Thy Princes are rebellious and companions of theeves every one loveth gifts and followeth after rewards Micah 3. 11. The heads thereof judge for reward the priests thereof teach for hire the prophets thereof divine for money Against oppression by the Lord of Mannors in taking of Fines They covet fields and take them by force and houses and take them away so they oppresse a man and his house even a man and his family Amos 4. 1. Hear ye this word ye kine of Bashan that are in the mountain of Samaria which oppresse the poore which crush the needie Amos 8. 4. Hear ye this O ye that swallow up the needie even to make the poore of the land to fail Exhortations to amend Jer. 18. 11. Return ye now every one from his evill and make your wayes and your doings good Zach. 1. 4. Turn ye from your evill wayes and from your evill works Isa. 1. 17. Learn to do well relieve the oppressed judge the fatherlesse plead for the widow Blessings promised upon amendment If ye oppresse not the stranger the fatherlesse and the widow and shed no innocent blood if ye throughly amend your wayes and your doings if ye throughly execute judgement between a man and his neighbour then will I cause you to dwell in the land that I gave to you Jer. 7. 5 6 7. When I say unto the wicked Thou shalt surely dye if he turn from his sin and do that which is lawfull and right If the wicked restore the pledge give again that he had robbed walk in the statutes of life he shall surely live he shall not dye Ezek. 33. 14 15. Punishments threatned to them that do unjustly after admonition Prov. 29. 1. He that being often reproved hardneth his neck shall suddenly be destroyed and that without remedie Prov. 1. 30 31. They hated knowledge and did not choose the fear of the Lord they would have none of my counsell they despised all my reproof Therefore shall they eat of the fruit of their own way and be filled with their own devices The reason why I quote these Scriptures is that all oppressors of what sort soever may see that God abhorreth all manner of arbitrary power and cruelty And if we look into the Scriptures we may see how the Lord from time to time hath brought judgements upon them I conclude with that in Micah 6. 8. He hath shewed thee O man what is good and what doth the Lord require of thee but to do justly to love mercy and to walk humbly with thy God FINIS