Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	good_a	lord_n	see_v	4,192	5	3.2926	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33238	Mr. Edvvard Hydes speech at a conference betweene both Houses on Tewsday the 6th of July 1641 at the transmission of the severall impeachments against the Lord Chiefe Barron Damport, Mr. Barron Trevor, and Mr. Barron Weston.; Speech at a conference betweene both Houses on Tuesday the 6th of July 1641, at the transmission of the severall impeachments against the Lord Chiefe Baron Davenport, Mr. Baron Trevor, and Mr. Baron Weston	Clarendon, Edward Hyde, Earl of, 1609-1674.	1641 (1641)	Wing C4426; ESTC R14088	5,735	15

Iudges my Lords in this Argument I am not willing to say much t is enough that your Lord-ships know Tunnage and Poundage is not a duty to the Crowne but a Subsidie and so granted in Subsidium sometimes pro una vice tantum sometimes for yeares and then ceased when the time did expire that when it was first granted for life it was with this clause Ita quod non trahatur in exemplum futuris Regibus but t is abundantly enough that his sacred Majesty cannot bee tainted with the advices and judgements of these men but lookes on this duty singly as the meere affection and bountie of his Subjects the which no doubt he shall never want My Lords the next charge is concerning Impositions Mr. Vassalls goods are seised for not paying Impost which hee conceived to bee against Law he is imprisoned and judgement given against him without suffering him to bee heard upon the point of right because that had beene heretofore iudged in Bates's Case And yet these very Judges have not thought themselves so bound up by former judgements but that since this time they have argued a case upon the same point which was adjudged in Hillary Terme in the 15. Eliz. and contirmed after by all the Iudges of England in a Writ of Errour in the 21. yeare of that Queenes reigne t is Walsinghams Case however the same modesty seized them againe in the case of a Noble Lord not now present Whether the King without assent of Parliament may set impositions upon the Wares and goods of Merchants is no new question it hath been more then once debated in Parliament and indeed whilst it was a question was fittest for a Parliament I will not trouble your Lordships long 't is now resolved and nothing new can be said in this Argument though I may have leave to say if the King can by his Letters Parents create such a right to himselfe and by a legall course recover that right under such a Title such Letters Patents are in no degree inferior to an Act of Parliament to reconcile such a power in the Prince and the property of the Subject that the one must not be destructive to the other will require a much greater a subtler understanding then I pretend to but my Lords I doe not thinke the judgement in this point to be so great a crime in these Iudges as that they presumed to judge at all the matter had beene long debated in Parliament undetermined and therefore not within the Conusance of an inferiour Court had it not beene true that Fortescue sayes in his 36. Chapter of the Lawes of England Nequs Rex per se aut ministros suos tallagi● subsidia aut quaeris onera alia imponit c. sin● concessione vel assensu ●otius Regni sui in Parliamento suo expresso c. If the Stature de Tallagio no● concedend● if the 30th Chapter of Magna Charta and all the other Statutes to that purpose bee not cleere in the point they might easily have apprehended so much weight so much difficulty in the question especially since in all our Law bookes not so much as the word imposition is found untill the case in my Lord Dyer of 1. Eliz. fol. 163. that they might very well have suspected themselves to bee no competent Iudges for that determination and I hope by the experience of this Parliament the Iudges will recover that ancient modesty to beleeve that some cases may fall out that may not be properly within their jurisdiction in the 9. yeare of Eliz t is in the Parliament Rolls It being found by an office after the death of Gilbert de Clare Earle of Gloster that his sisters were his Heyres nist Comitissa Glocestriae esset pregnans the question was whether the King might grant the Heyres their Livery in preiudicium impregnaturae This was conceived negotium novum difficile and the King having commanded the Chancellour and Iudges to deliver their opinions in writing they returned quod non audebant dictum negotium definire nec Domino Regi consulere sine assensu magnatum propter raritatem difficultatem whereupon day was given to the parties adproximum Parliamentum And your Lordships well know the speciall care that is taken by the Statute of 14. Ed. 3. cap. 5. that such matters as for the difficulty are not fit for the Iudges or through eminent delay are not dispatched by the Iudges shall be determined in Parliament Not such matters as the parties concerned had rather venture upon your Lordships judgements then upon the Rules and proceedings of the Law God knowes what mischiefe and confusion may fall out upon that admission there must be such difficulty such delay before that Statute meant your Lordships lustice should be concerned in the resolution I wish these Gentlemen had thought this busines a matter of that difficulty as had been fit for such a delay My Lords we come next to the charge concerning Knighthood Mr. Maleverer appeares upon the processe of that Court pleads and submits to his fine ponit se in gratiam curiae The Barons refuse to impose any fine they had no power to doe that he must treate with certaine Commissioners appointed for that purpose and compound with them your Lordships have not met in the same men such contradictions of crymes who would suspect the same men in one charge to have the mettle to usurp the power and exercise the jurisdiction of the highest Court the Court of Parliament and presently to want the Spirit to doe that which was so restrained and peculiar to their places to have done as that none else could doe it they had no power to fyne as if the sole busines of sworn Iudges in a Court of Law were to summon and call men thither and then to send them on errands to other Cōmissioners for Iustice 't is true the Commissioners of 1. Edw. 1. to Tiptosse and Berk and since to others were and have been to compound with those who desired to compound not otherwise they had no power to compell any to fine any that trust by the Law was and is onely in the Iudges so that if this duty were aright to his Majesty and the Persons lyable refuse to compound for ought these Iudges can doe the King must loose this duty they can impose no fyne onely they have found a trick which they call the course of the Court to make his Majesty a saver appeare while you will plead what your will submit to the mercy of the Court Issues shall goe on still as if you did neither till you have done somewhat that Court will not order you to doe nor is bound to take notice of when you have done your Lordships will help us out of this Circle And that you may see how incapable they are of any excuse in this point the very Mittimus out of the Chancery gives them expresse command amongst other things ut fines omnium illorum qui iuxta proclamationem praedict ordinem antepraedict diem sus●episse debuerunt capiatis c. 'T is onely worth your Lordships observation this misfortune commonly attends and may it ever those absolute disused rights that be the thing in it selfe in a degree lawfull the advisers and Ministers of it so faile in the execution that as it usually proves as grievous to the Subiect so by some circumstances it proves as penall to the Instruments as if it were in the very nature of the thing against all the Lawes of government I have wearied your Lordships you see in what a dresse of injustice subtilty and oppression I am very unwillingly compelled to present these Iudges to you if they appeare to your Lordships under any other character of known and confessed learning in the whole course of their lives how farre that will aggravate their fault your Lordships must onely judge if under the excuse of ignorance or not much knowledge in the duty of their places your Lordships will easily conclude what infinite mischiefe of which your Lordships have no particular in formation the Subjects of this Kingdome have suffered in their lives in their fortunes under such ignorance and such presumption if under the reputation of prudence and integrity in all cases except these presented to your Lordships your Lordships will be at least of the same opinion that he of Lacedemon was of the Athenians if they carried themselves well when time was and now ill they deserve a double punishment because they are not good as they were and because they are evill as they were not My Lords if the excellent envied constitution of this Kingdome hath beene of late distempered your Lordships see the causes if the sweet harmony betweene the Kings protection and the Subjects obedience hath unluckily suffered interruption if the royall Iustice and Honour of the best of Kings hath beene mistaken by his people if the duty and affection of the most faithfull and loyall Nation hath been suspected by their gracious Soveraigne if by these misrepresentations and these misunderstandings the King and People have beene robbed of the delight and comfort of each other and the blessed peace of this Island beene shaken and frighted into Tumults and commotion into the poverty though not into the rage of Warre as a people prepared for destruction and desolation these are the men actively or passively by doing or not doing have brought this upon us Misera servitus falsa pax vocatur ubi iudicia desinunt incipit bellum My Lords I am commanded by the House of Commons to desire your Lordships that these three Iudges may be speedily required to make their answeres to these Impeachments and that such further proceedings may bee had against them as the course and Iustice of Parliament will admit FINIS