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	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46905	Nature inverted, or, Judgement turned into gall delivered in a sermon at the Cathedral Church of St. Peter in York, upon Monday the 18th of July, 1670, being the summer assize held before the Right Honourable Baron Turner and Baron Littleton, the Right Worshipfull Sr. Philip Monckton, Knight, being then High-sheriff of Yorkshire / by James Johnson ...	Johnson, James, 1639 or 40-1704.	1670 (1670)	Wing J778; ESTC R3847	13,194	25

not be so favourable to themselves as to forbear such trivial actions it were well if Judges would take Gallio's course and drive such actours from the Judgement seat We go not to the Physician for every ail and small distemper no more should we to the law for every petty quarrel and slight offence It 's a strange opinion that hath possessed the minds of many not to say most men that when they please they may sue for their own and lawfully contend for their right and he is accounted a good and just man that seeks after no more but if this be universally understood and in all cases it will not hold true For the rules of equity as well as of Christianity oblige us to yield oftentimes in such things wherein by law we might stand and to forgo such things which by law we might require without which equity justice and peace could not consist Equity hath a power of over-ruling that liberty which the law gives and enjoyns us in many cases to recede from our right for the upholding and preserving either of publick peace or private And therefore they that always make use of the law to get their own are not so just as they would seem to be for that which is done by law is not always justly done Quod jure fit non semper juste To go to the law for trifles so likewise to steal law upon others and surprize them unawares or to make use of the law as the first remedy of justice which is ordained to be the last or to enter suits before any overtures of peace and agreement be made whereby many are forced into the Courts that would willingly satisfie by private order as much or more than they are compelled by publick Such proceeding is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not justice but extremity for as to make use of the law for a cause sufficient and where right is denied is justice and equity so to make use of it for trifles and when other remedies may be had is extremity and so an injury 3. The law is abused by an undue suspension and suppression of it which likewise is a perverting of justice and turning judgement into gall for suppressing of the law is oppressing of those that should be preserved by it and according to the Jewish proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pernoctante judicio cessat judicium When waters are stagnant they presently cause a stink and putrefaction and when the law is stopp'd in its course the streams which should run down like a river prove like the waters of Marah bitter and unpleasant Currat lex as an eminent Judge of our own nation once answered the letter of some great Lords writ in behalf of their friend or according to the Emperour's Motto Fiat justitia pereat mundus let the law have its course and justice be done be the consequents or parties concerned in it what they will There are two usual obstructours of the law fear and favour neither of which must stop its passage The greatness of any must not cause fear in those to whom the inspection and execution of the law is committed Deliver him that suffereth wrong from the hand of the oppressour and be not faint hearted when thou sittest in judgement says the wise son of Sirach Fear regards more the greatness of the person than the nature of the cause to prevent which Jethro advises Moses to employ such in judicial affairs as were men of courage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 strenuous and undaunted and God himself forbids the magistrate to fear the face of man for the judgement is God's It was a valorous resolution of Papinianus that chose rather to die than to excuse the parricide of the Emperour Antoninus Bassianus And it was no less heroick act of those Catholick Bishops who being charged by the Arrian Emperour to condemn Athanasius both without witness and unheard would rather hazard their estates than by fear be betraied to do that injustice Favour is another obstructer of the law which when it is observed judgement must needs be perverted Accept no person against thy soul let not the reverence of any man cause thee to fall as that wise man advises It was a strange message that Agesilaus the Lacedemonian Prince a man otherwise justly renowned for his good government wrote to some Justice or Officer of state in favour of Nicias Niciam si insons est dimitte si sons meâ causâ dimitte utcunque dimitte If Nicias be not guilty dismiss him if guilty yet for my sake dismiss him however let him be dismissed But as the law which is the dumb magistrate is made without respect of persons so should the magistrate which is the speaking law execute it without favouring of them punishing a grand oppressour as well as a petty purloiner an haughty adulterer as well as an inferiour debauched person and laying the law to a great Recusant as well as to a poor schismatick or separatist and if such great ones were made examples of justice and the laws not suppressed out of fear or favour to them such severities would strike more awe terrour into transgressours then the punishing of an hundred underlings and inferiour persons Such should have no more favour shewed them than what Galba Governour of Arragon in Spain the same as some think that afterward was Emperour of Rome did to a condemned Gentleman that intreated he might not die the death of ordinary malefactours he offered him onely this priviledge that waving the common gallows he should have one made higher and if he would carved and painted too 4. The law is abused by a too severe execution of it when the extremity of it is prosecuted against any that perhaps have done something contrary to the letter of the law but not violated or contradicted the end of it or intent of the law giver in which cases if rigour should always be used laws which are intended for the behoof and benefit would by such severe construction become the bane and ruine of humane society and judgement which of it self is sweet and pleasant by such forcing and straining it would be turned into gall and bitterness Wringing of the nose says Solomon bringeth forth blood and by wringing of the law and making it a nose of wax to bend to the humour of every inconsiderate prosecutour forceth blood and thereby rather contracts a guilt than takes any away Our laws are not like Tiberius or Caligula's decrees which were termed furores non judicia and therefore are they not without great necessity to be executed as Draco's were said to be written in blood for by such proceedings summum jus would be summa injuria To prevent which not onely ours but all well governed polities have given some power more or less into the hand of the Magistrate even in those Courts that were as one speaks strictissimi juris according to the exigency of