Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	law_n	writ_n	2,710	5	9.4811	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A76808	Sir Richard Blake his speech in the House of Commons at a grand committee for the bill against paper petitions. Master Brereton sitting in the chaire Iune XXVIII. 1641.; Speech in the House of Commons at a grand committee for the bill against paper petitions	Blake, Richard, Sir, d. 1663.	1641 (1641)	Wing B3137; Thomason E198_25; ESTC R11468	5,924	16

feare of Pilloring Scaffolding and like punshments it takes away their spirits tenders them pusillanimous and weak-hearted in England where this was represented they suffered not under such pressures or feares the King whose vertues are his Inmates and true qualities ingenrate both in his judgement and nature with the sun-shine of his presence which makes them happie cleares and expells all such mists but the reports of our miseries occasioned by the frequencie of such usage or rather mis-usage flying over unto them with the gale of our sighes and spring-tide of our Teares wrought that charitable Impression and drew that Emphaticall expression from them Si in viridi ligno hoc faciunt in arid● quia fiet if they out of the sence of our slavish sufferance tooke that to Consideration and their pious Commiseration have not wee in whose Scene that Tragedie was acted greater cause to take it to our more serious thoughts surely we have and cannot without blemish to our Iudgements and wrong to our selves and posteritie but indeavour to remove the cause Sublata causa tollitur effectus And the principle cause I conceive to proceed from those paper Petitions the proceedings upon them being not limited to any certaine Rule time season place cause or thing nor any degree Sex age or quality priviledged by them by them his Majesty loseth a considerable part of his Revenue that might justly and lawfully result and acrue unto him out of originall Writs Fines Amerciaments and profits by them the Subject loseth the benefit of his writ of Errour Bill of Reversall Voucher Essoignes Views Fines with Proclamations and Discents and by them many other Legall and Just advantages in the ordinary course and Courts of Justice are declined and their onely Consequence is by immoderate and unlawfull Fees to enrich Secretaries Clerks Pursivants and Serjants at Armes and not onely them but Projectors Informers and such other Horsleeches that suck the bloud of our bodies and marrow of our bones and their malignant operation rests not here but extends to our intrinsecall parts that wee call Qualitates animae they strongly endevour to subvert That the planting of Learning is the true and right way to plant Civility and that ingenuas didicisse fideliter artes Emollit mores nee sinit esse feros Our owne observation and the experience of all Nations tels us and Cornelius Tacitus in the life of Agricola demonstrates Julius Agricola the Roman Generall in Britanie found the ancient Inhabitants rude barbarous and apt upon every occasion to make warre hee being a wise man as he was a valiant man conceived it the best way to Civilize and consequently to containe them in the Spheare of their obedience to the Romane Monarchie to build and erect free Schools and places of publike resort and in them to have the Children of the Nobles and Genlemen trained and instructed in the liberall Sciences which he did the event answered his expectation and his policie had the wished effect for the British youth being curious to attaine the Eloquence of the Roman language the Romane attire grew to be in accompt and the Go●● in request among them and so came as Tacitus observes to the height of Civilitie which ever since they have to their great glory maintained And I am M. Brereton of opinion that our Ancestors in their great wisdome left for us such part of the Common-Law as is written The pleadings of them and originall Writs in the Latin language because that being the generall and an immutable language not subject to be sophisticated as all other languages except the Hebrew and Greek were or to receive Majus aut Minus a Language that was never conquered with any Conquest and that the fury of the Saxons Danes and Normans could never so extirpate or suppresse but that our Laws still lived in it as in the Vestall fire that is never extinguisht to the end I say that we might be incited and invited to the knowledge and use thereof to strengthen my opinion in this and to shew how necessary the knowledge of it is for the professors of our Laws I will present unto you the Authorities of two of the greatest Sages of the Law the one Ancient the other Recent and in their own words which I onely translate that I may not disparage or take off the waight of them by mine Mr. Littleton who is the Portall by which all Students make their first entrance and who by his excellent Book gives them Ariadnes clue to guide and direct them in their ways in that intricate Labyrinth in his chapter of Confirmation lib. 3. cap. 9. gives them this grave and fatherly advice Know my Sonne that it is one of the most honourable laudable and profitable things in our Law to have the Science of wel Pleading in actions Reall and Personal and therefore I counsell thee to employ thy courage and care to learn this Sir Edward Coke whose learned Works are the Coronides of the Students endevours and do polish the same in Blackamores Case 8. rep fol. 159. says that the Clerks are bound by the duty of their Offices to have skill and science in the Forme of original Writs which are the foundation that all the Law depends of and therfore if the Forms of originall Writs be neglected ignorance the mother of Errour and Barbarisme will ensue and in the end all shall be involved in confusion and the ancient Law of the Kingdome subverted This is the judgment M. Brereton of these two great Pillars of the Law and that this they so earnestly direct hath not been observed in paper Petitions wee all know a common Scrivener draws them and an illiterate Clerk for so many of them are whose knowledge soares no higher than his mother Tongue and whose best abilities and perfections are to wait officiously upon my Lord his Master sol●icits this and he or the powerfull intercession of a Favourite prevalls more in businesses of greatest consequence and where Legall proceedings and Scrutinie are requisite then happily a Littleton or a Cook O tempora O mores which I think we lately had as great cause as Tully to exclaime upon What a great Ornament to this Kingdome Mr. Brereton the Professors of our Laws are how daily and hourely usefull unto our selves both in this House and in England the members of the House whom wee terme of the long Roabe are I leave to the Judicious observation of this Committee and likewise to their consideration how infinitely they and the rest of that Honourable profession have beene damnified by those paper-blasts Blasts I may well call them for indeed they blast and nip in the very blossome the hopes of all our Law Students who having spent the Spring of their yeeres in the Innes of Court in that studie and many of them the best part of their fortunes upon their returne to this their Native Countrey their Land of promise when they expect to meet with a Harvest to crowne their painfull and chargeable endeavours they have hardly gleanings left for them by those paper-Clerks This Sir as I conceive is very considerable by us and those Paper-Petitions being as I endeavoured in their tree colours to represent them Tares introduced planted among the Corn by the enemy of mankinde at least the enemy of the welfare of this Kingdome in their nature a Monopoly or rather a Rape upon all mens abilities and the properties of all Courts being the Bedels of our bodies the disseisors of our Lands Robers of our goods Suppressors of our intellectuall parts Subverters of the Common-law and Rebels to the Statute-lawes as appeares by Magna Charta 2. Hen. 3. by 28. and 25. of E. 3. and by the Record of 21. Ed. 1. that are mentioned in the preamble of the Bill I am humbly of opinion that as the wisdome of this house hath already looked with a retrospect eye upon some of the many grievances that were occasioned by them that with the other eye we looke forward Ne quid detrimenti respublica patiatur hereafter M. Brereton the nature of domination is such in the irregular mindes of some that having once broken out of Circle they cannot indure any limitation or bounds but range at liberty in the wide and spacious fields of their own humours and being not able to give Laws to their appetites make Laws as Champions to defend them and reason as a Parasite to glorifie them that this hath bin so we have seen that it may be so hereafter the condition and nature of man tels us we are therefore to conclude upon this good way of the perpetuall damning of such paper-Petitions as extra judicially determine Civil causes that they may never rise after in judgment against us that they may not assume to themselves the force of Bulls Cannons as they have done or like Hydra's heads pullulate and spring up to the bane utter destruction of us and our posterity And therefore my vote is that the Bill as it is now drawn shall be approved with those Provisions that are inserted in it that it shall not extend to his Majesties Courts of Castle-Chamber Chancery Chancery of the Exchecquer Court of Wards the Presidencies of Monster Connaght or the Lievtenancies of the Counties of Gallway the Countie of Clare or to the Civill proceedings before the Justices of Assizes but with such qualifications as in the Bill is mentioned and that the House of the Lords may by Message bee acquainted with it that wee may have their concurrent approbation which I doubt not they will cheerfully give for the impetuous rage of those Paper Petitions had no more respect and made no other distinction betweene the freedome of their Peerage or their estates and goods than the meanest common-persons And that his Majesty will give his Royall assent thereunto I am hopefull and confident having already in the abysse of his goodnesse and care of his faithfull Subjects of this Kingdome publikely declared his dissent and aversnesse from them in the very first Chapter of his Printed Instructions and likewise in the Proclamation that we sent over into England to accompany our Protestation to that part of the Preamble of our Act of Subsidies that extold the Earle of Straffords Government This being my opinion I humbly submit to the consideration and better judgment of this Committee FINIS