Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	jurisdiction_n	king_n	2,975	5	4.2912	3	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01287	A direction or preparatiue to the study of the lawe wherein is shewed, what things ought to be obserued and vsed of them that are addicted to the study of the law, and what on the contrary part ought to be eschued and auoyded.	Fulbecke, William, 1560-1603?.	1600 (1600)	STC 11410; ESTC S102759	95,054	195

consideration then to deale warily where there is great danger to any partie that a man may not rashly determin of a mans credit bloud or life sith these things be of that qualitie that being once lost they caÌ„ neuer be repaired But to know whether things be fauorable or odious the things are not to be coÌ„sidered in theÌ„selues but theffects which proceed of theÌ„ as dower is fauored in respect of the widowhood desolatenes of the woman whose husband is deceassed 6 It must likewise be obserued that when a thing is forbidden all things that follow therof are likewise forbidden as on the contrary part when a thing is granted all things are implicatiuely graunted with it whereby we may attaine to the thing graunted and if the beginning of things be forbidden the end also is forbidden according to the rule Qui meditatur principiuÌ„ meditatur etiaÌ„ finem and things are principally forbidden for the end to which they are directed But here a distinction is to be vsed for where the consequeÌ„t is of it self auaileable and doth not necessarily depend vpon the power and vertue of the antecedent it may be of force though the antecedent be forbidden for then it is without the cause of the prohibition but if it depend essentially vpon the antecedent it is otherwise For the better vnderstanding of this rule it is good to be seene what may properly be sayd a principall thing and what an accessorie That is principall which is of greatest moment an accessorie thing is that which by consequence goeth with the principall If the Queene graunt vnto one Cognitionem causae her highnes graunteth vnto him the hearing of the parties and the examination of witnesses So the margarites or pretious stones that be in gold or siluer do yeeld vnto it and do passe with it because they are but the ornaments thereof and were applied to the decking and beawtifying of it An accessorie briefely may be taken to be that which is adioyned to a thing and is lesse then the thing to which it is annexed either in substance or in valew or in respect both of substance and valew 7 The validitie of an act must be especially fauored vnlesse there be a manifest nullitie in the proceeding Therefore whensoeuer the nullitie of an act shall appeare by the proceeding of the parties which is sayd to be euident and notorious and excluding all cauill it is to be held as voyd but if the nullitie proposed do not so appeare but requireth a deeper search because many times error is obiected that the Sute may be protracted there consideration must bee vsed But in doubtfull causes interpretation must bee so made that the acte may rather stand then fall But the obiection of error is alway to be fauored when the error assigned doth concerne the figure solemnitie of iudgement And therefore he that will dispute of the validitie of an award or iudgement ought to be warie and carefull that he put the axe to the roote and that he first examin the iurisdiction and power of the Iudge because that being the basis and foundation of the iudgement if that fall the rest cannot stand It is therefore to be coÌ„sidered whether he were a competeÌ„t Iudge by reason of the cause of the parties of the time and the place For by reason of the sute or cause a Iudge may be incompetent as if the cause belong to a meere iurisdiction and the Iudge be only a Magistrate in a certaine corporation or if the cause be ciuill and the Iudge who taketh connusans of it be Iudge of Gaole deliuerie or if the Iudge be secular and the cause Ecclesiasticall or if the Iudge haue some other limited iurisdiction and he taketh connusans of a cause not coÌ„prehended within the lists bounds of his commission he may be incompetent also by reason of the place as if he iudge of causes without his territorie or circuite or els within his territorie but yet in a place exempted he may be incompetent by reason of the time as if he did iudge before he had his commission or after his commission expired or if his iurisdiction were suspended as at festiuall times which wee call dies non iuridicos or at such a time when a greater Iudge was present or if the Iudge were called to a higher place or if he were forbidden to exercise his power And also the person qualitie of the partie is to be considered because some by reason of a legall impedimeÌ„t are vncapeable of the aduantidge of lawe as these that are outlawed excommunicate and out of the Queenes protection And there can be no fast roote or sure ground of their proceedings for such are to be denied audience because their offence default ought not to find patronage Likewise there may be a default in the party making an Attorney as if he could not make an Attorney in that cause or else by reason of the Attorney himselfe as if he be vncapeable of such an office as being not lawfulby aucthorised But if a iurisdiction be giuen and graunted to one it is to be intended to be giuen him accumulatiue non priuatiue rather to enlarge then to diminish his power And though a Iudge of the Gaole deliuery being appointed and ordained by commission to the hearing of causes criminall may not principally inquire of causes ciuill and pecuniarie because it is a Iurisdiction limitted yet incidently and as it were by the way for the better examining of capitall crimes hee may take notice of such things But if the processe and iudgement bee framed against one who is not onely not subiect to his iurisdiction but is also free from the iurisdiction of euery man liuing as if the partie be dead concerning whome no acte can be conceiued or vpheld the Iudgement is voide Thus haue I shewed to the Student in so generall manner as the order of this treatise doth require and likewise so particularly as to his vnderstanding may be playne and manifest what course hee ought to take in examining the cases reasons opinions arguments proceedings and iudgements whereof he shall finde great store and aboundance in his bookes Now I will by fauour discend to describe and delineate vnto him briefely for it is a matter which may be handled plainely and in fewe wordes what course hee ought to obserue in the exercise of his studie Of the exercise and conference which the Student of the lawe ought to vse The fifth Chapter EVery art and knowledge produceth effects and like a good weapon is vnsheathed vsed in time conuenient otherwise it would be quickly ouercast and eaten with rust But there is nothing that with so much brightnes and glory illustrateth our knowledge as the orderly and iudiciall applying and accommodating of that which we haue read For as a man knoweth by his bookes so he is known by his practise and by that which he

no relation to publik profit For Hermogenes said wel that euery law was made for the good profit of men And Plato saith that a Law-maker ought to haue regard of 3. things especially namely that the coÌ„uenient liberty of the comon weale may not be impeached by the laws that they may preserue amity amongst the people that they may furnish theÌ„ with wisdome Wherefore they that dispise laws haue no care of comon profit because they were made for comon vse without law which I interpret to be an order established by authority neither house nor city nor natioÌ„ nor mankind nor nature nor world can be And therfore Cicero saith that our ancestors were of such vertue wisdome that in making of their laws they had no regard but of publike good For they would not write any thing to hurt and if they had written any such things it would haue bin reiected as soone as it had bin vnderstood It is manifest therefore that the end at which the Law doth ayme is the generall aduantage of common societie in a iust maner distributed and dealt to euerie one For non sufficit bonum fieri nisi bene fiat It is not sufficient to doe that which is good vnlesse it be done in good sort and therefore let not any man which vndertaketh this profession lay conscience aside for though the charge and calling be seculer yet it must be religiously handled For God is the author of the Law and the reuenger of the abuse thereof The weight and measure saith Solomon are God his iudgments and therfore if any man maintaine any wrong by colour or pretence of Law let him know that though man be hurt yet God is offended ye do not execute the iudgement of Man but of God saith Iosaphat God is the beholder and vmpier of Counsailes and Iudgements and surely if a man do well discharge this weightie and excellent function there is no man of any religious habit or vocation in higher place or greater reckoning with God So much the more are they to bee reprooued who exercise sychophancie fraud caueling in the handling of causes being wresters of Lawes and wringers of money whose conquest in bad causes maketh them triumphe as much as Romulus did when he had killed his brother nay as Atreus did when he had coÌ„past the death of his brother Thyestes boasting and glorying nunc parta vera est palma nunc meas laudo manus Now haue I gotten an honorable victorie nowe I praise my handie worke but they in whom conscience beareth stroke are farre otherwise addicted and shal be hereafter otherwise rewarded Nay euen in their life time do they possesse the ensigns of authoritie dignitie by good right may they challenge many special fauors immunities indulgences Constantine the Emperor gaue to the professors of the imperial Lawes full perfect freedome from all collaterall charges taxes and other burdens of the coÌ„mon weale and he decreed also that certain yerely pensions should be paid vnto them out of the Treasury the Emperor Valent. would haue theÌ„ which by the space of xx yeres were professors of the law to be illustrated by the name of Comites a name of excellent dignity Many other priuiledges benefits are mentioned in the Ciuil law which belong as well to Studients as to professors and hereupon had that saying his originall Dat Galenus opes dat sanctio Iustiniana Ex alijs paleas ex istis collige grana Neither hath England bin vnkind or strait handed to men of that coat and calling for in old time as I find in M. Plowden who was credibly infourmed thereof there were fower Reporters of the cases of Law which were chosen men and had a yerely stipend for their paines and trauaile therein paied by the king But some will say that God forbiddeth vs to contend Who denieth that but he doth not forbid to Iudge determine controuersies there is great difference between iudging and contending for though God do forbid thee to beate a poore traueling man yet he doth not forbid thee to bind vp his wound when he is hurt and maymed of others So though he do greatly abhorre the hatred rancor malice and disagreement of men yet he is wel pleased and contented that such pernicious contagious diseases should be cured Let him that condeÌ„neth the fault approue the remedy One maÌ„ rageth with a burning desire of reuenge an other coÌ„ueieth to himselfe an others mans goods by craft whom when charity duty cannot bring into the right way his disloial dealing must be repressed by the seuerity of Iudges Moses Dauid Solomon committed no sin when they caused wicked men to be rigorously punished though Christ do condemne a quarrelous reuengeful person yet he leaueth to the Iudges their authority whether they rule order causes by the Lawes customes of nations or by the law of Moses Ioseph Daniel Naaman the Centurion did gouerne coÌ„mon weales by the lawes of the heathen Surely the politicke lawes of Kings Magistrates are greatly to be heeded regarded which Christ himself allowed when he paid tribute to Caesar And the profession practise of the knowledge of lawe is warraÌ„ted by the example of great men who would not haue borne the names of professors if the science had not contained in it singuler wit excellent wisdome profitable directions for the whole course of mans life It is well knowen that the Camilli the Curij the Fabritij the Fabij the Claudij the Scipioes the Crassi the Iulij the Ciceroes the Scaeuolaes were singuler men and singulerly skilled in law And to giue theÌ„ their proper appellation were lawyers These men gouerned their coÌ„mon weals not in the shadow in darknes or corners as the Grecians did but in the cleare light of the Sun and in the face of the world vsing experience as a Pilot against the boysterous turbulent affections of the people And therefore Virgil when he distributeth seueral sciences to seueral Countries appropriateth the science of gouerning coÌ„mon weales to the Romaines Tu regere imperiopopulos Romane memento Parcere subiect is debellare superbos Mind thou O Romaine men by law to guide To spare the meeke and ouer-master pride But some accompt it a matter of too great curiosity that the laws which should be plain manifest to al should be reduced to an art obscured with difficult cases shadowed with conceited termes and as it were couered with cloudes and wrapped in darknes to whom I answere that it is very expedient that there should be a certaine art and science of the Law generall rules preceptes and conuenient discourses For the particuler things which do fall vnder the obseruation of law ar infinite the weaknes of mans memorie caÌ„not tollerate the multitude of particular lawes and therefore it is conuenient that that

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