Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	know_v	lord_n	3,918	5	3.5901	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46139	An impartial account of the trial of the Lord Conwallis [sic]	Cornwallis of Eye, Charles Cornwallis, Baron, 1655-1698.	1679 (1679)	Wing I78; ESTC R7670	12,727	16

and it is for Murder wherein our Law takes notice that Murder is where a Man unlawfully kills another under the Kings Peace with Malice forethought Now that here is a Murder committed I dare with all humily averre by whom that is the question for this Robert Clerk the Person killed doth appear by the Course of the Evidence to have been doing his Duty attending the place his Employment required gave no offence to any whatsoever but when the Person came down and fell upon him the poor Youth cryed indeed my Lord it was not I yet my Lords the Hands of Violence seized him and killed him Let us then see how the Evidence brings it home to the Noble Lord the Prisoner at the Bar wherein I must confess we have no express Evidence nay we have Evidence to the contrary that it was not his hand that did the Fact actually for it is by two Witnesses the Footmen swore that it was Mr. Gerrard who came down and gave the unfortunate Blow But we have that which we think with humble submission may reach this Noble Lord for I know your Grace and my Lords remember that after they had been an hour in the Park both returning did with horrid Oathes swear they would kill the Centinel there the Evidence fixeth it not upon one only but upon both It was at that time so dark they could not be distinguished but by the voice the Centinel hath given you an account how he performed his duty and in what Straight he was he had much ado to save his own Life or to prevent killing them But when they came upon the Stairs these two Boys came there in order to desire the Centinel to call one of them the next morning Then one on the Stairs no man can tell who it was with horrid Execrations askt will you command the Kings Soldiers shoot him Centinel we 'l bear you out but all this while it was dusk no distinction of Persons could be made whereupon it will fall out to come to this Case If several Persons intend to kill one and happen to kill another whether this be not Murder in them For the urging of this as to the matter in Law I leave to him that comes after me the Centinel swears one of them did swear he would kill one or other who it was took up that cruel Resolution is left to you to judge But at that time they were both together upon the Top of the Stairs and my Lord doth not seem to give one Title of Evidence that shews any Endeavours of the Prisoner at the Bar to prevent the other or disprove of his Actions If he had given an account of that he had silenced Justice But when they were all together he not endeavouring to stop his hand It is as much in Law as if he had strook the stroak The other Soldiers give you a Particular Account to the same Purpose The two last Witnesses do bring it to the Person of my Lord the Prisoner at the Bar and Mr. Gerrard who they swore came down the Stairs and his Man followed him to the Bottom and there staid at some distance till the Fact was done and they all fled This I take to be the matter of Fact faithfully proved before your Grace and the Lords the Peers and I would not trouble your Grace longer because I would not misreport any thing whereby I might do wrong either to the Prisoner or the Kings Cause and because I know your Grace and the Noble Lords will distinguish and find out where the truth is I must say it is a great comfort to all the Subjects of England that Crimes of this Nature are so carefully presented that whatsoever Honours and Dignities our Gratious Sovereign doth confer on any Person it doth not exempt him from the Justice of the Law It is not only a Comfort to this Assembly but to the whole Nation to see the King tender of his Subjects Persons and lives in that he hath caused this strict Course to be taken where the enquiry hath gone from the Grand Jury of the County till the Bill came to this great Tribunal where I doubt not but your Grace and these Noble Lords will give a righteous and just Judgement Then Serj. Maynard concluded Thus Serj. Maynard May it please your Grace my Lord High Setward of England and my Noble Lords the Peers I according to the duty of my place come now to conclude the charge on the Kings behalf some things are fit to be observed upon the Evidence that may produce a question for the decision of the Fact of what nature it is that a murder is committed is upon Evidence without all question and not only the death of a man here is a Child slain without any provocation in the world given by him to that Person that did it and that did it too notwithstanding the deprecations of the Boy affirming his own Innocency and that with as full Circumstances as a Christian almost could a thing these came from the Kings Palace walk in the Park call the Centinel Rogue and when he doth his duty swear to murther him with Oaths that a Christian would blush at and be afraid to hear God damme oftentimes reiterated and he that saith that word doth beg of God to hate him and affirm that he doth hate God The Obscenity that they used I shall not mention again these are Circumstanes of the Case that all were guilty of much is no doubt but who of the murder is the question And I humble conceive it is manifest that this Noble Lord was concerned in it For it is not requisite to make a Murder that he who kills a man hath conceived a malice against him for if I have a malice against any man and the effect of that fall upon another it is murder I apply it thus if it be a murder in Mr. Gerrard if this Noble Lord partake with him in the design which made it so to wit the malice against the Centinel he is as guilty as if his hand had been as much upon him as was Mr. Gerrards as in that known Case of the man that poisoned an Apple with an intention to kill his wife and she not knowing of the Poison gave some of it to her Chlid of which it died though he had no design to kill the Child yet the malice he had conceived against his wife suppli'd the defect of an express malice to make it murther and he was hanged therefore So if a man assault a Master in the presence of his Servant who defends his Master and is slain though the other had no purpose to kill him yet it is Felony in him for which he shall die the Law implying a malice Then here was clearly a malice to the Centinel how neer it comes to the Boy will come in question afterwards I find the Objection made in my Lord's Case That at the particular time wherein the Fact was