Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	evil_a	good_a	know_v	2,974	5	4.2147	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79999	Englands compleat law-judge, and lawyer. Declared in these ensuing heads; 1. Whether that law and those judges and practizers owned time out of minde by the supreme authority of the nation, be not the laws, judges, and lawyers of this Common-wealth, &c. 2. Whether courts so constituted are not records of the nation. 3. Whether each court hath not power, as such, to enforce its owne decrees. 4. That the decrees and usages of such a court are as valid as of any court. 5. Whether it be not against reason, that when divers courts in the same nation act by divers lawes, one of the courts should have power to prohibit the other to proceed to bring the matters in difference before it self. 6. Concerning judges of appeale.	Cock, Charles George.; Paget, Thomas, d. 1660.	1655 (1655)	Wing C4788; Thomason E860_3; ESTC R206642	21,704	41

gone and Lay-Judges as in other Courts constituted whether while a Court it hath not coersive power is the question I conceive even by the very constituting of it a Court it hath power coersive in it selfe for as there are words of Art which include much which the ignorant ones know not so this word Court or making or constituting men Judges of c. include in them not onely a power to hear but to Judge and to inforce that sentence for as nature so the Law doth nothing in vaine it settles not a power in any to make Judges but to have power also to inforce for otherwise their sentence were in vain It 's plaine that the power Ecclesiastique by censures is gone and the Judges civill cannot execute it but my reason is that ceasing the Judges now that the Law may not want his course and that Justice be done to the people the general reason of the Law requires that coersion be The question now is what I must acknowledge the liberty of man is precious and so are goods for property is little if liberty be incroached on and liberty little if property be taken away whether then this should extend to body or goods or both is the question I must owne the common Law medled not with the person while there were goods but attached him by his goods but that was found inconvenient which principally altered that Law or course of practise for the letter of the Law is not observeed Now then if the procedure of the Judge be according to the practicall Law of the Nation in generall I should conceive the Officer ought to be free from Action and plead the Rule of the Court I know there is no setled Prison to which he can be committed and that private houses ought not to be Goales But I stand upon this as a case of necessity wherein much more damage must come to the people from defect of Justice and therefore I know though they may not be warranted by a particular Law yet they have the generall Rule of saving and not ruining the Commonwealth in your trust to plead for them to avoid both punishment or rebuke yet it may be more fit certainly to declare the coersive power thereof and how far it extends least there should be any incroachment under colour of Justice 4. Head The fourth Head will from these former Reasons and Grounds laid down receive a full proofe and no way conclude to spare expence of time and words for I would no more reiterate then irritate that a certain continued and constant known practise and usage in a judiciall Court ought to have the force of a Law the same ought to be allowed in any Superiour Court after such usage yea though it might seem otherwise against Law for while Common Error upon the Rule for the safety of the people makes a Law this cannot be denied but let the Superiour Court admonish the Inferiour and if it doth not then rectifie let the Judges and Officers be punished otherwise the Suitor will be grownd between two Milstones one Court inforces to do and in another he is overthrown for doing but how there 's the mystery not for doing as that Court ordered but because that Court is adjudged not to have power to make such order but it may be a Court may claim to be Superiour where it is not or declare the Acts of an inferiour Court erronious upon a coliteral occasion which may indeed supplant and enervate the whole setled Jurisdiction of the inferiour Court and bring all to the Superiour by which means all County Jurisdictions have been destroyed and the whole stream and current of businesse is brought to the Superiour Courts this aptly brings me to discuss the fifth head or Proposal 5. Head Whether in a Nation where divers Courts are admitted proceeding judicially and definitively according to divers originall Lawes it can stand with reason that one of those Courts should prohibit the other to bring any matter before it self or decide to what Court the Cognizance belongs I see all times and persons professedly taking care by all meanes possible to decline interests as seeing how subject even the best of men are to turne and bend aside drawne by the baits and allurements of worldly allurements of worldly riches honour power and the like I know in the most sedate and quiet times Princes have been wary to exasperate potent persons or multitudes unlesse able to balance interests and how loth to suppresse an evill by power least they should give cause to men to doubt they might call good evill and suppresse that also in a like way but still wise and just Princes Rulers and Powers have done what they could and effected it as soon as opportunity served I know this is a question of concernment usage mixing with interest which makes it the more difficult to reforme and interest having so strong a Bulwark to defend it selfe by as usage interest will be called property and we know what strength custome hath but this being the interest but of a few and to the damage of the whole body I should conceive if the reason be apparent not onely wise men but Christians will give the Supremacy to reason and then yeelding for publique good shall Crowne them as Benefactors to the Commonwealth Is there then benefit to the Judges from the cases depending in and tryed in a Court and is there not glory in multitude of Suitors in a Court and the like then there 's an evident interest both of profit and honor and consequently these things will yea even with wise men work yea and ancient men who more desirous of riches and honor yea who more jealous of it then even dying men Now if you shall look at the Usage I say that is the ground of the complaint the evill is evident before therefore it 's fit to abolish it The Judges if they should consult with prudence first before they agree a Prohibition should know from the Judges of that Court where the case hath been depending when the cause came into the Court and what progresse hath been in it and what the cause appeares to them to be I know how indifferent the antient practise of the Law was between the Civilian and the Common Lawyer while the Civilian mannaged Legacies Marriages Alimony Tythes and the like under the Title of Court Christian I shall professe I know the learning of the Common Law to be great and deep but it being not used to many questions which the Civill Law hath fully handled it 's not compleat nor is the Law of England therefore compleat but by that learning which the Civilians uphold I know 't is short in many things I conceive it of necessity to keep up that learning be it but to know what is done abroad should you supply what is defective by Statute if you would have it known give incouragement to it see but how a few years have wasted