Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	law_n	sin_n	transgression_n	1,350	5	10.7544	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80411	The vindication of the law: so far forth as scripture and right reason may be judge, and speedy justice (which exalts a nation) may be advanced. VVherein is declared what manner of persons Christian magistrates, judges, and lawyers ought to be. / By Iohn Cooke of Graies Inne, now chief justice of the province of Munster, 1652.	Cook, John, d. 1660.	1652 (1652)	Wing C6028; Thomason E662_9; ESTC R206788	78,991	98

Husbandman would give over his calling for feare he should looke back because it is written hee that putteth his hand to the Plough and looketh back is not fit for the Kingdome of Heaven And the Baker would use no Leaven because a little Leven leavens the whole lumpe Tantum no● bonus in Episcopatu whereunto Reverend Latimer answered let us have it so untill men be so grosly ignorant and no longer if it should please the wisdome of Parliament to ordain that if a case be pleaded sufficiently for mat●er substance that the right is most conspicious evident to the judgment of the Court though there bee some Clericall error or misprision yet the partie shall have the fruit and benefit of his suit or if there should be a law made that every defendant in all actions may plead the general issu● and give the speciall matter in evidence it would be a great ease and benefit for the Subject and why should not every man have as much ease in pleading his Cause as Officers doing any thing concerning their Office and as the Subject in informations of intrusion who have that liberty by Statutes for since Justice is impartiall 21. Iac. 12. 14. it being the honour of our Law that Iustice is to bee had against the King why should not every man have as much freedom in the meanes and way tending to Justice as a any man whatsoever this I must say concerning defective pleadings qui decrevis finem dec● media that in all reason the innocent Client ought not to suffer the losse should rather lye upon the mistaker bee it Councell Atorney or Clerke who makes an implicte contract with the Kingdome to have skill in his profession and the Fee is a consideration of the Assumpsit as the Law in Sicilye is where there are poisonous wells if the Cattell drinke there the Shepherds that are hired to looke to them must pay for them because they die through their negligence but if any error happen by the Clients misinformation Bergieri hee must beare his owne burthen I know it will be said in the Case of theft that Clergy is allowed for the the first offence which I thinke deserves consideration whether it be not some kinde of incouragement for men to transgresse in that kinde but certainely the matter of Clergy is purely popish Why not some other severe punishment though not mortall for in reason it is a greater offence for a Scholler that knowes his duty and the danger of the Law to offend then an illiterate man that knowes nothing in comparison as in the Leviticall Law a Bullocke was required to make satisfaction for the Priests sinne which a Kid or a paire of Pigeons would expiate for an ignorant mans transgression ●evit 4.3 All cruelty whatsoever amongst professed Christians is diametrically opposite to the Gospell of grace such as domineering and ruling over the bodyes of our Brethren as wee say proverbially make dice of his bones the meaning whereof is that if a Prisoner die in Execution after the Crowner has viewed his body the Creditor hath Dice delivered him at the Crowne Office as being all that he is likely to have it cannot be presumed that the Keeper desires the death of the prisoner for he gaines by his life does not therefore the Law presume malice in the creditor or else why is the crowner more troubled then for the death of any other man And yet if any in whose custody they are be so mercifull and tenderhearted as to connive a little at their going abroad the Creditor complaines against him such Enemies are men not only to their spirituall but temporall estates to which purpose I doubt not but the humble Petition and printed Remonstrance of the many distressed prisoners for debt will bee taken into consideration by our ever to be honoured worthies and sages in Parliament who either have estates to satisfie which is hard to imagine that any man should be so desperate shameles to suffer such a lingering death by perpetuall indurance if possibly he could help it nor would the Creditor irrevocably by electing the body discharge the estate if hee knew of any though it is to be wished that creditors were inabled to fel the estate strictly to examine the debtor all suspected trustees upon Oath for the discovery thereof who in Case of forswearing ought to be severely punished which course might cure that panique feare of concealing estates or else they are not able to pay so inforced to an impossibility the party punished yet the debt still increasing like that mountaine of Brimstone neare Naples ever burning never consuming a very emblem of Gehenna Suefaterra which I the rather presume to mention because I know it is the foulest blot in the tables of our Law and of all objections which English Gentlemen who travaile to inrich their mindes meet with the hardest to be answered One thing I shall humbly propound to juditious considerations whether it be not as an image in the bed of David to enter an action in the inferiour Court and when the partie expects a tryall 1. Sam. 19.13 then to have it removed and drawne into another Court why should not the partie as well sweare the cause of action to arise within the liberty aswell as the defendant were his discharge in an Action of debt brought upon a Bond in London Ad aliud examen the defendant may not have the liberty to plead a release or payment in Yorkeshire according to H. the 4. and the statute of forraigne vouchers extending not to it being a personall Action I see no reason but whatsoever suit is legally Commenced in London or else where that it should be removed for no cause but meerly for delay As in a Court of Pipowders the plaintiffe must sweare that the contract was made in the time and jurisdiction of the fare is such a practise that I am confident admits no paralell I know writs of error and appeales from one Court to another upon allegations of error and precipitance in judgement are usuall but whether appeales to the Judges delegates in ordinary matter testamentary when a difinitive sentence has bin pronounced by a most learned experienced Judge are not more common then commendable I make a quere of it and wish that the malice of Clients might be more obviated then it has bin but that a man should enter his Action and proceed in it and bee made believe that he shall have speedy justice and when the Jury is summoned Councell Feed and all charges disbursed but for entring the Judgement then to draw this businesse away at the pleasure of him that owes the money cannot hold the weight of one graine in the ballance of reason if inferiour Judges are not fit to bee trusted with matters above five pounds or such inconsiderable sums let the businesse never be brought before them and this

pleaded and all the proceedings in their owne language and that the subject should choose his owne Counsell till which none had Advocates but by the Kings leave h Per conge du Roy. Iurisconsultus potius respicit scripta patronis verba ad barram jurisprudens rem Aucupes syllabarum togatos vultures qui canina facundia callide exercent causas qui carebat sillaba perdid t patrimonium As one man cannot have his right because the judgment is entred concessum consideratum est another because consideratum or some other word is not rightly spelled Isay 29 21. Obvnum punctum perdit Martinus asellum There were in Rome Some Jurisconsulti inferiour to the Patron Advocates which only studied a Cabalasticall unknowne formulary of words in notes and Cifers which would picke a quarrell in every pleading brought unto them Cicero called them hunters for sillables worse than those that will make a man an Offender for a word that would make a man loose his inheritance for want of a So or a thereof as Martin that laid his Asse was white lost the wager because his Advocate found one blacke haire in it which being found brambes and enemies to State policy were stubd up and removed yet not long since Amedens the good Duke of Savoy hearing complaints made against an Advocate that was a great rubbe in the Alley of Justice sent for him and told him that he owed his Baker 1000. Crownes but was not willing to pay him till needs must asking him how long he could delay it before Execution should issue against the Dukes estate the Advocate told him that he could certainly delay him at the least three yeares And if his Councell were not extraordinary subtill he should get nothing at the last what saies the Duke is this sufferable doe not I acknowledge the debt to be just whereupon he caused him how justly I determine not to be executed and excoriated but the streame of our Law runs in a purer Channell It hath beene the great wisdome of severall Parliaments to remedy defects in pleadings and I doubt not but in its due time it wil be taken into mature consideration to ripen causes for speedy tryall it being quicke Justice cures the lingring comsumption of a State I doubt not but England shall flourish with Religion and Justice these two noble Virgins shall bee set upon the Throne hand in hand in perpetuall Concord I cannot but observe the neerenesse betweene Westminster-Hall and the Abbey and this godly exercise every morning a Sermon calculated directly for Lawyers and Clients speakes out that Piety and Justice Maugre all Antichristan opposition shall be married together with an indissoluble conjunction but precipitions and rash justice must carefully bee avoyded as a dangerous pest as that of Pison Sen de ira lib. 1. cap 16. who condemned one for a supposed murder of I. G. and his necke being on the blocke the Conspirator that had plotted it being there disguised said hold I am the man who was supposed to bee killed the Centurion returned his prisoner with great joy to Pison who said Justice must speedily be done and the case was difficult therefore sentenced them all three to be executed the first because hee was condemned fiat Justitia I. G. because he was dead in reputation and the Officer because he did not execute his office instantly I am not of some Turkes mindes that so the difference be ended it matters not much whether right be done or wrong because a peace is made without expence of time or Coyne but all differences betweene men ought to be ended with as much expedition as conveniently may be according to Law so as no more hast be made then good speed but what if legall proceedings be too circular and tedious I desire leave to speake to this question whereof neither Clients nor Councell are properly competent Judges the duty of the one being like good wax to receive and retain the impression of faithful advise of the other to be like a good Pilot to make what haste he can to bring his Client to the desired Haven and surely the shortest cut to the Harbour is ever best for as the end of War so the end of the Law is peace now the end of the profession and the professors shou d be the same He that delights in suits loves to be in a storme at Sea but truly I speak it knowingly and to the honour of our great practisers that they do for their 10 s. give good and faithfull advice casting about which way the Client may speedily receive justice And the reverend Judges when a certain thing is ripened for their judgments they speedily passe a definitive sentence and when they sit pronouncing judgment me thinks I see a rich Cabinet of precious jewels opened and admirable reasons expressed for the full satisfaction of Counsell and Clients which I cannot but mention for their honour because beyond sea the Judge will give no reason of his judgment and the Sentence is past in private that so Judges may not incurre the dangerous displeasure of the Client whereas justice with us is publikely pronounced in the gates of our City But do not Writs of Errour immortalize suits One sayes that those wooden Angels which support Westminster Hall are made of Irish oake that no Spider of errour should hang upon them Another sayes that in reason the errour should be assigned before the Record be removed because for the most part the common errour is only assigned but this string must bee touched very tenderly A stone that is ill placed in a building must not violently be removed it is requisite there should be some breathing time to make satisfaction after the Recovery The Civillians allow dayes of grace to provide the money whereas our proceedings are so speedy that the party may be taken in Execution the same day the judgement is entered and that Execution which is the life of the Law proves many times through miserable indurance the death of the party To explicate my selfe I must premise two things as undeniable verities First that no politique Law ought to contradict the Law of God because only those may marre that can make and Princes having no hand in the making of Gods Laws therefore may not dispense with them Secondly No humane Law ought to live any longer then the reason of it continues for reason is the sou●e of all humane Lawes without exception and therefore in ancient Kingdomes and States many politique Lawes wlll be fubject to alteration Our Ancestours certainly were great husbands to make it death to steal a sheep or a Pig worth above 12 d. though it be to satisfie hunger for which by the strict rule of Law he ought to dye And so it is if any ready to starve shall take a loafe of bread from a Baker Lex moralis est vivens judicialis mortua solumin equitate ceremonialis mortifera which certainly