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	king_n	plea_n	1,408	5	10.0658	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87639	Jurors judges of law and fact or, certain observations of certain differences in points of law between a certain reverend judg, called Andr. Horn, and an uncertain author of a certain paper, printed by one Francis Neale this year 1650. styled, A letter of due censure and redargution to Lievt. Col. John Lilburn, touching his tryall at Guild-Hall, London in Octob. 1649. subscribed H.P. Written by John Jones, gent. Not for any vindication of Mr. Lilburn against any injury which the said author doth him, who can best vindicate himself by due cours of law; if not rather leav it to God whose right is to revenge the wrongs of his servants. Nor of my self, but of what I have written much contrary to the tenents of this letter; and for the confirmation of the free people of England, that regard their libertie, propertie, and birthright, to beleev and stand to the truth that I have written, so far as they shall finde it ratified by the lawes of God and this land; and to beware of flatterers that endevor to seduce them under colour of good counsel, to betray their freedoms to perpetual slavery.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J970; Thomason E1414_2; ESTC R209436	24,554	117

quid sit justum to descern what is just by the rule of Law and so to make the Law his rule his line his measure his weight his yard and ballance which saith the same Author in the same place is called Right it self And Common Law because it judgeth common Right by a right line which is the Judg of it self and its oblique And in another sens saith he the Law is called Right because it is the best Birth-right the Subject hath whereby his goods lands Wife Children bodie honor and estimation are protected from injuries and so a better Inheritance cometh to everie one of us by the Law then by our Parents but when appropriated by Lawyers to their own construction and benefit how is it to becalled common Law and when a Commissarie Judg like Pluto's Radamanth maketh his will his Rule and line and thereby squaretth and measureth the Law as he pleaseth and as Virgil diseribeth him Grosius hic Radamanthus habet durisima regna c. Castigátque Auditque dolo subigitque fateri leges fixit precio atque refixit c. First he punisheth then he heareth and compelleth to confess and so maketh and marreth Laws as he pleaseth for his profit such are the Commissaries I desire to reprov and you to flatter but I wish them to observ Crysippus his Picture of Justice described in a Latin Diologue thus viz. Quae Dea Justitia at quid torva lumina slectis Nes ia sum flecti nec moveor prctio Vnde genus Coelo Quite genuere Parentes Mî Modus est genitor clara fides Genitrix Auriū aperta tibi cur altera altera clausa est Vna patet justis altera surda malis Cur gladium tua dextra gerit Cur laeva bilances Ponderat haec causas percutit illae reos Cur sola incedis quia copia rara bonorum est Haec referunt paucos secula Fabritios Pauperc cur Cultu Semper justissimus esse Qui cupit immensas nemo parabit opes Englished by me thus What Goddess art thou Justice why so stern No force shall make me bow nor brible me yearn Whence sprung from heaven What parents gave thee breath Indifference was my Father Mother Faith Why open'st one ear shutt'st the other still One hears the good the other 's deaf to ill Why right hand sworded scald the left appears One weighs the Cause the other cuts guilts ears Why art alone because few good there be Scant one Fabritius in this age we see Why poor in Robe because who would be just No vast estate or Wardrobe purchase must But I observ that as the meanest handicrafts man when he groweth rich turns Merchant that he may live Lazier and gain more by buying and selling merchantable Commodities then by his labor yea and the craftiest Merchant of all or as lately the poorest Schollars being attained unto Wealth became Bishops by the same means and for the same reason yea and the precisest formalist of all so the simplest mooter in the Inns of Chancerie being being past his Apprentiship admitted to the bar and but botching Jorneyman in the trade of Law furnished with money friends and fortune proceedeth Sergeant at Law and ascendeth som Chair or Bench of Judicature in a day and declareth himself presently the pragmaticalest Judg of all yet but a Commissarie Judg such as you extol in the generall and I except against in som particulars as for making the Law a mercenarie trade or a merchantable commoditie which ought to be free and liberall to all men and in assuming a Mastership therein whereas he is and ought to be but a servant to the Common-wealth yea even a Clerk though you seem to repine at it to say Amen viz. to pronounce his Masters assent to the verdicts of Jurors who by their ordinarie Iurisdiction are the absolute Judges of their Countrie as before is proved Yet shall I be content to follow your Follies a little further for your better satisfaction touching Mechanicks who buy and sell but what are vendible and merchantable wares and lawfull for them so to do which if by unreasonable penniworths their reasonable Customers may take or leave as their occasion requires and reason guides them whilst Lawyers Clyents must buy such Law as they can finde at such rates as they can get at Westminster or perish in their Causes different from those times when Mr. Horn and others tell you they had better brought to their own doors with little charge and less pains and when to see it so administred and executed by Sheriffs Recorders and other Countrie and Citie Judges that were the Kings Commissaries in their respective places and derived their Commissions and authorities as well as any at Westminster ever did or can from the same fountain viz Kings and people so that as the Lord Cook saith Omnis dorivata potestas habet eandem jurisdictionem cum primitivâ their jurisdictions were the same within their precincts as the Kings at larg yet Kings went along with their Commissaries or rather Deputies for their own Bench from Countie to Countie once every seven years to oversee and examin how Justice was distributed to their Subjects and to give their Royal assents to the verdicts of Juries which were not assented unto by the ordinarie Countrey Commissaries since the last Size which Commissioners therefore onely and not the Countrey in generall as now to Assizes nisi prius and Gaol deliveries or so much as the Jurors were called or troubled to bring in any account of what they had done since the last Eire but those Commissarie Officers onely for that they had not done were charged to bring in their Records whereupon such verdicts as were found unassented unto and compleated by them might be assented unto and perfected by the King himself or his Commissarie Judg or deputie called his chief Justice of his own Bench or by the Justices in Eire who went somtimes without the King or any of his Justices who when and where they came had the prerogative of all Courts during their stay which was but for short Sessions gave forth process of execution upon them and medled not with any mors Causes but onely within his verge by the verdicts of Iurors inhabiting within the compass as you may read in the Mirror Lambert and others at larg And why now all must come to Westminster four times yearly and no cause whether over or under 40 s. can be ended in any part of the Kingdom but there for if under á Mutuatus shall lift it over and all under colour of that Chapter of Magna Charta which saith Common Pleas shall not follow the Kings Court as his Bench Chancerie and his Exchequer then did and ever might but shall be kept in a certain place which came to be Westminster-Hall since it was the Kings pleasure to have that Court which was their prerogative superindendent Court of Common Pleas viz. for Appeals in such Pleas by such as found

desire them to put out of their assembly al mercenarie professors of Law that poison their Counsell no less then their predecessors did the King making them to do the same things which they condemned in him to the more grief of the People that were promised Reformation and are paid in more and wors deformation of their Laws and Liberties then they were before witness amongst manie more abuses the Fen Project of Lincolnshire c. condemned in the late King yet supported by more Malignant Royalists then in respect of Justice he himself could be any who are Judges Parties and partners of the prey made by themselvs of other mens Rights of whose service and affections both Parliament and Army have had no less experience then of their defects and delinquencies And move his Excellencie to desire the House further to command the keepers of the great Seal to issue forthwith Commissions of Oyer and Terminer as by Law they ought to all parties grieved that shall demand them directed to such Commissioners as the grieved parties shall nominat to enquire hear and determine the extortions oppressions and misdemeanors of Sheriffs under Sheriffs Gaolers and other Officers subject to popular offence And lastly to desire the said House to pass an Act for the setling of the Law hereafter in that plainness shortness and cheapness as hath been often desired in divers Petitions of Londoners and others and by my last Letter to his Excellencie bearing date about the beginning of this Month according to the propositions of 12 heads of Law there inclosed which I understand in Scotland were delivered to his Excellencies hands So God himself shall bless you and your Actions and the people present and future and even your selvs and your Children have cause to rejoice in your work and be thankfull to God and your industrie for so great a favor So shall Your Faithfull servant John Jones From my Lodging at Mr. Mundays hous in Clarkenwel this 29. of July 1650. JURORS JUDGES OF Law and Fact SIR HAving casually met with and perused your printed paper styled A Letter of due Censure and Redargution to Lieutenant Collone John Lilburne touching his Triall at Guild-Hall London in October last 1649. I could not chuse but take hold of your first Lines wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we finde it And thereupon I must tell you that whatsoever you finde in Mr. Lilburne I can finde in you no less then sin against God whose name you abominably abuse to reprove truth and call good evill and evill good against Mr. Lilburne whom you make but your Instrument to play upon while you wound others through his sides yea even those most whom you flatter most Against the true and Ordinarie Judges of the Land the Jurors whose verdict is the effectual Judgement whereby all men are judged by their Peers aswell for their Lives as Lands without which Judgements the Law of England cannot be Lawfullie executed And generally against all the Free People of this Common-wealth whom you endeavour to blinde and enslave by your sophistrie unto usurped Authorities perswading as much as in you lyeth all your Countrie-men to submit and give away their Lives their birthrights Liberties and Freedoms for the preservation whereof all their just Laws and Civill Wars and especially this last were made to the insatiable Tyrannie of their incroaching Impostors as shall appear following viz. Page 3d of your Letter or rather Libell in the second head of those things for which you say Mr. Lilburne is liable to reproof you tell him he laid hold of divers shifting Cavills and shufling exceptions in Law which were onely fit to wast time and procure trouble to the Court Sir if Law alloweth Exceptions called delatories and lawfull Traverses as well in Pleas for Land as for Life as you may finde it doth and ought in Mr. Hornes Book called the Mirror of Justice written by him in French in Edward the First his time as you may observe in the Margent of the 6th page thereof and excellently translated into English lately by William Heughes Esquire a discreet and learned Lawyer living in Grayes Inn of which kinde of Exceptions some be Pleas for Actions and Appeales the Presidents whereof are briefly and diversly according to the diversity of their causes natures and uses demonstrated unto you in the said Book from p. 129. to p. 143. and thence to 146. are Exceptions or Pleas to Indictments the summary reason of all which is not as you call it to waste time and to procure trouble to Courts but to bestow time as it can be no better bestowed especially in Cases of life then to search out the truth of every Cause that mens lives be not rashly lost which cannot be recovered if condemned and executed how be it wrongfully or carelesly so that to be carefull circumspect and well advised in a Court is not to trouble it for it is its duty to be exercised as it is significantlie derived à Curando that is a Court of Care or Cure Indifferentlie either or rather both as it is Ordained Care to be troubled to hear and determine the Cares and troubles of all men within its verge for Controversies of Law that vex trouble an whole hundred of Friends and neighbours to see but two of them undoe themselves in suits at Law or kill one another with Care to examin them truly and to Judge them justly And likewise to cure the Malladie of the Consciences or at least the intemperance of the Litigious spirits of Plaintiffs and Defendants by ending their differences as may be most available for their Peace and the Common-wealth And as it is the duty of a Court to be troubled to end troubles so saith Mr. Horne p. 58. not to accuse any for matters of Crime and Life though a known offender learning of Christ in the Case of Magdalen Nor to countenance Bloody Accusers but to mollifie their Rigour as Christ did in the same Case for Judges that represent God and should imitate his mercy as well as his Justice ought not to desire the death of a sinner but rather that he may return from his wickedness and live and Conveniens homini est hominem servare voluptas Et meliùs nullà quaeritur Arte favor Nothing more Convenient for Man or acceptable to God then to save Penitents whom he came not to destroy but to call to Repentance Nor is it the part of a Judge as in p. 66. of my said Author to condemn one for the same or the like offence as the Judge knoweth himself guilty of And therefore Exceptions are lawfull to the Power of a Judge as in p. 133. to his person as in p. 135. and to his condition as in p. 59. And those that are granted to be lawfull to be propounded against his Power p. 133. are the same in substance which you say Mr. Lilburne made use of yet call them

for the same offence that he is acquitted of by so due a Course of Law Doth it not moreover follow that by traducing that Verdict and acquittall you consequentlie traduce not onely the Jurie but also the Councell of State and the Parliament that Confirmed the same as aforesaid And are not you therefore lyable not onely to the severall Actions of everie Juror but also of Scandalum magnatum But what need you care you are too cunning for them all in Concealing your name at large from them whom you slander at large and send your Book to them with a sine me Liber ibis in urbem so that they know not when where or how to finde you out by that uncertain notion or mark of H. P. Which for any thing I know may fignify some Soapstuff as well as any mans name but take heed least John smell you out and contemperate you in his Compounds for some simple corrasive ingredient which he useth not to any intent of malice but to eat off som of your proud flesh and not to destroy any sound part in you as you say in the title of your Book you use your reproof to him to make a speciall kind of soap to wash the brains of such Orators as perswade men to becom such fools as to make no use of Lawfull exceptions against their Judges especially Commissaries to save their lives and the tongues of such Sycophants as under pretence of reproving the meanest and weakest sort of sinners approve and improve the greatest and strongest kinde of Murtherers Traytors Perjurers c. viz. Commissary Judges in generall in their practise at large But more to the matter where you say in your 5th head in the same 3d page of your Libell The 5th thing you say deserveth a keen reproof of all honest men was Mr. Lilburnes assayling the sinceritie of his Jury and page 21. you say he promoted his 12. men c. and caused them to imploy their new given Jurisdiction onely to the advantage of the giver Truly Sir I must confess that if Mr. Lilburne assailed the sinceritie of his Jury he was to blame but I cannot find by any thing you prove that he did so for the Clamor of the People who were not his disciples as you belie them and him too were not in his power to stop more then in yours or mine had we been there for if they would not obey the Crier of the Court they would not have obeyed us more then him who desired as he needed rather to be heard then disturbed and distracted with Clamors And for his blandishments to his Jurie good Language became him to give and them to receiv but not such adulations as you give all Commissary Judges And to use all the lawfull means he could to inform them and all his Auditors that knew him not nor his innocence in that Cause and merit in others and thereby to prolong his life in the Land which the Lord his God hath given him and to keep himself a living sacrifice to and for his God untill it please his Dietie to call him to his mercy by the Ordinarie way of common death or to inspire him to fight again in his Masters Battell and Countries service whereby he may dye an extraordinary death more to his Masters glory and his own honor then by casting away his life to becom a dead sacrifice to the malice of men whether Commissary Judges such as you plead for or other flattering Sycophants such as you make your self I conceiv to be no fault in Mr. Lilburne In the next place where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction I am sure that is another Lie of yours for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta That County Courts Court Barons Sheriffs-Turnies and Leets were in use before King Alphreds time In all which Courts the Jurors were the Judges their then untraversable Verdicts were the Judgments in all Causes And Sheriffs and Stewards who were the Kings Commissary Judges in their Turnies and Leets as now they are the States were and still are but the suitors Clerks in Counties Hundreds and Court Barons to enter their Judgments and do execution thereupon by themselvs and their Bayliffs as publique servants or Ministers of common Justice to their Jurors and the rest of the Common Wealth See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by vertue of their Writs when they have them for matters above 4 s. as the Judges at Westminster ever were or can be by their Commissions And all Common Pleas between Party and Party and the King Queen and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas were holden in the County Court from Month to Month untill for the ease of the People especially husband-men to follow their business The King with their assents divided the view of Frank pledg from the Sheriff who by all the Peoples affent in Parliament 9. Ed. 2d was to be thence forth assigned by the Chancellor the Kings Commissiary Judge in his Turnies called before the Kings own Turnies to see Justice done from County to County And all the free pledges of every County together once every 7. years which is since to be done by Sheriffs twice yearly and gave them to Lords of Mannors so that their Tenants and Resiants should have the same Justice in their Leets and Court Barons as they had in the Sheriffs turnies and County Courts at their own doors without any charge or loss of time And for the same reason saith the Lord Cook in the same place Hundreds were divided from Sheriffs viz. that none should be troubled further or out of their Lords Court at all at which Courts saith Mr. Horn p. 7. Justice was so done that every one so judged his neighbor by such Judgment as none could elswhere receiv in the like cases untill such time as the Customs of the Realm were put in writing And as the County Courts Hundred Courts and Court Barons were of one Jurisdiction so were Turnies and Leets and so all of them are and ought to be still therefore you must consider that there be three sorts of Jurisdictions viz. Soveraign assigned and ordinary of these you may read in the Mirror p. 7. in these words viz. It was assented unto that these things following should belong to Kings and the right of the Crowne viz. Soveraign Jurisdiction c. which is now fixed in the Keepers of the Liberties of England by vertue whereof among other things all Writs Commissions warrants Commitments Liberates or discharges run in their names as they did in the Kings so that none are Imprisonable or dischargable but in their names consider therefore again that this assent was the Peoples whereby Kings who before and without this assent were not Kings but ordinary men that could have but ordinary Jurisdiction as others had Soveraign

themselvs grieved by partialities or delaies of their Countrey Commissaries unto that Court kept in their own Hall of their then dwelling Mansion as it continued untill White-Hall came into the hands of King Henry 8. by Cardinall Woolsey his delinquencie which pleasing him better he madehis Court and gave not onely Westminster-Hall but also all the Pallace of Westminster that his Ancestors from Rufus to him contented themselvs to dwell in to be the Consistories of all his Courts when he found it chargable to remove them though he and his successors gained least by them But now no King being no Court that depended upon his Person or his deputies or Commissaries in respect of their prerogative Judicature reputed transcendent remedies for som transcendent Injuries committed and suffered amongst the people can be necessarie because triennial or more frequent Parliaments and speciall Commissions of Oyer and Terminer to be granted them when and as their Causes require may better supply them and with more speed and Justice and less charge and expence finish their Causes at or near their homes then all or any the Courts at Westminster ever did or could But if the Keepers of Englands Libertie be pleased to have any one or more Courts or Judges to be superintendents above all others besides Parliaments and speciall Oyers and Terminers Then they are to be desired to be also pleased to allow and pay them sufficient Wages at their own cost and not the peoples as Kings did when their Commissarie Judges were to have of never so many Parties in one Cause but 12d to be divided amongst them and that after the end of the suit and not before And a Pleader though a Sergeant at Law was sworn to plead as well as he could for his Master now called his Clyent and counted his servant and to abuse the Court with no fals or more delatorie then necessarie Pleas And was to have for every such Plea pleading but six pencel and for his sallarie or Wages for his attendance in every Cause first to last beginning to end as the Court should think fit considering the greatness of the Cause and merit of the Pleader c. as you may read in the Mirror p. 64. Now to return to your Mechanicks commonly as you say brought up illiterat surely it cannot be unknown to you that there are most commonly as many if not more Masters of Art in London that use Trades and handicrafts as practise Law at Westminster and compleater Retoritians Logitians Musitians Arithmetitians Geometricians Astronomers and Phisitians all which are the severall liberall sciences and the very Encyclopedie and summarie of all good and necessarie Arts and learning How then do you make it your consequence that if all Commissarie Judges be not adored as you would have them all learning and gentle extraction must be debased but ignorant and fordid birth must ascend to the Chair as if there were no learning but in Pedlers French and Law-Latin the very disguises of the Law which hath no such need of them as a foul face of a Mask or an hangman of a Vizard but contrariwise much necessarie to be rid of those Curtains which hide both the beautifull Shape and material substance of it from us that it may appear even to our understandings more gloriously more learnedly in plain English then in that Canting more obnoxious then that of beggars which would but cheat us of necessaries to sustain their lives whilst Law-Canters cheat both us and them of all our livelihoods and liberties to surfet themselvs with superfluities by making us all starvlings pined with that extream of wants the want of Justice for put the case that those hotch-potch French and Quelquechose Latin were banished and the Law rendred in English as Scriptures are which were hidden from us by Prelats as our Law by Lawyers would not all learning and argumentations in Law be as necessarie for the continual preservation of mens lives and estates and therefore continued in English as Sermons in Pulptis and disputes in Schools and Universities requisit for the salvation of our souls are Naywould not School-Masters to read and teach the Law in common Schools beas ne cessarie in London as Students in the Inns of Court or Chancerie or as such have been as you may read in the Lord Cooks Preamble upon Magna Charta and did read upon Magna Charta when it was read twice yearly in Churches and 4 times yearly untill full Counties untill the same King that assented to the making and was sworne to the observing of Magna Charta in the 9 year of his Raign by the advice of his Chief Justice Hugh d'Burgo whose advice and his followers ever led Kings to ruine and Subjects to hazards by his special Writ in the 19 year of his Raign prohibited the said publick reading and teaching as you may read in the same place Did not the Eunuch understand the Language he read yet wanted Philip to interpret the meaning And did not God send Philip to that end So no doubt although the Law be Englished the most part of English people will be Eunuchs in their understanding of it so fully as they ought untill and but whilst there be Philips to expound it for it is too great a Studie for men otherwise imployed to be expert in to resolv Causes which you call Intricate As you would make it for Coblers to dilucidate texts which many call hard Scriptures And who can doubt it to be Gods speciall gift and vocation in Law to som to be just and learned Lawyers as to others to be sincere and Orthodox Divines while the world shall consist of bodies necessarie to be regulated as of souls to be disciplined And then for your gentle extractions may not they be as they were ever wont since Marriages were ordained in Heaven may not a Judg bestow his daughter upon a Citizen and a Citizen his upon a Judg or an Earl as we have seen usuall but by your allegation that there is a general disesteem of gentrie more now then from the beginning of the World which Mr. Lilburn can be no cause of It is manifest you charge the present Government as faultie for suffering such a disesteem to be among the people wherein you do but traduce and wrong the State that neither desire nor countenance any such thing but when gentrie for the most part grows degenerat and nobilitie debaseth it self Corruptio unius est generatio alterius when Lords turn Boors and simplicians let Clowns turn Lords and Politicians And let him that will carp at the Vicissitude of things which divine providence hath ordained blame neither State in generall nor persons in particular but conceiv rather that Ablatâ Causâ tollitur effectus when vertue faileth the honor followeth when God took his holy Spirit from Saul both Spirit and Majestie were transferred to David in a larger measure and therupon be you further answered by an Hea then Tempora mutantur