Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	chief_a	court_n	justice_n	1,463	5	6.5737	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43611	The black non-conformist, discover'd in more naked truth proving, that excommunication, confirmation, the two great Episcopal appurtenances & diocesan bishops, are not (as now in use) of divine, but human make and shape, and that not only some lay-men, but all the keen-cringing clergy are non-conformists ... : also a libel, and answer (thereunto) fitted to every man's case (be it what it will) that is cited to ecclesiastical courts, whose shallow foundation is unbared, and a true table of ecclesiastical court fees, as it was return'd into the star-chamber, Anno Domini 1630, by the ecclesiastical fellows themselves, and compar'd with the statutes : also concerning the unlawfulness of granting licences to marry, Quakers-marriages, folly, as well as other evil consequences of that new law-maxim, viz. that no non-conformists ought to be jury-men : shewing also, that, religion, religion, that should have been the world's great blessing, is become the plague of mankind, and the curse of Christendom ... / by Edm. Hickeringill ...	Hickeringill, Edmund, 1631-1708.	1682 (1682)	Wing H1797; ESTC R22899	136,499	106

therefore thou mayst take thy course at Law with him and bring a Clausum Fregit or Action of Trespass against him before the Roman-Magistrates in their Courts of Judicatory as you may against a Heathen-man that is a Gentile or a Publican For the Publicans though many of those Excise-men Toll-gatherers or Custom-gatherers were Jews by Nation and Religion too and some of them Jewish Christians yet they were Herodians that is true Conformists to the Roman-yoke and Government and therefore odious to the Puritanical Eygots the Hypocritical Pharisees that lookt with scorn upon all Man-kind and as Dogs despis'd and hated all if they were not of their Religion or rather foolish Superstition The best Comment upon Holy-Scripture is its self and the best Interpreter of our Blessed Saviour's sayings are his own and his Apostles Words and Actions A like Saying to this of Matt. 18.17 we have in Luk. 17.3 4. where our Saviour says If thy Brother trespass against thee if he repent forgive him that is if he pay the Trespass and make thee satisfaction and confess his fault and be sorry for it and promise amendment for without these there is no true Repentance then forgive him seven times and seventy seven times even as often as he shall sin against thee and neither Court him nor Sue him in the Spiritual-Court before the Sanhedrim or High-Priests-Court nor yet in the Temporal Courts of the Gentiles or Heathen-men and Publicans For our Blessed Saviour does not say Let him be to the Church as a Heathen-man or a Publican which the Pope to colour the Authority and Jus Divinum of his Excommunications as he does that of Christ to Peter Thou art Peter and upon this Rock will I build my Church does without any ground or colour as politickly as sencelesly Construe and Interpret But our Blessed Saviour only says Let him be to thee to thee not to the Church as a Heathen-man or a Publican that is thou mayst lawfully then Sue thy Brother Jew at Law as well as any Gentile or Heathen-man or Publican Nor did ever any solid Scholar or Divine that was not prejudic'd and forestall'd in his Judgment which is usually the same with that of their Mothers and Catechisers for few men have wit enough to see and chuse their own way and know why and wherefore following like Horses in a Teame with Nose in Tayl of their Predecessors I say never an unbyass't man that ever I yet met with could prove Excommunication out of Matt. 18.17 But what may be concluded from the next Ver. 18. shall be examin'd by and by But Matt. 18.17 to my understanding sounds much like that of St. Paul 1 Cor. 6. 1 2 3 4 5 6 7. Dare any of you having a matter against another go to Law before the unjust and not before the Saints Do ye not know that the Saints shall judg the world and if the world shall be judged by you are ye unworthy to judg the smallest matters Know ye not that we shall judg Angels how much more things that pertain to this life If then ye have judgment of things pertaining to this life set them to judg who are least esteemed in the Church I speak this to your shame Is it so that there is not a wise man amongst you no not one that shall be able to judg between his brethren But brother goeth to Law with Brother and that before the unbelievers Now therefore there is utterly a fault amongst you because you go to Law one with another Why do ye not rather suffer wrong Why do ye not rather suffer your selves to be defrauded So that when Jews or Christians happen to live in subjection under a Gentile or Heathen-Government than that of our Saviour Matt. 18.17 and this of Saint Paul 1 Cor. 6. is a Rule for them to walk by as to going to Law But if the Romans had not Conquer'd and given Laws to the Jews as they did in our Saviour's time and also if Christians do not live under a Heathen-Government then Matt. 18.17 and 1 Cor. 6. has no place nor is there any occasion for those Rules but they are Rules only in such cases nor is it heard of in an Age I know it that have liv'd amongst the Jews that the Jews go to Law one with another before the Christians or put them into a Court-Christian or Court-Mahometan But in a Kingdom or Country where the chief Magistrates are Christians or Jews there is no place nor occasion for this Rule namely Let him be unto thee as an Heathen-man or a Publican And therefore this Text is nothing to prove or colour Excommunication at this day nor ever was in our Saviour's time 't is nothing to the purpose but a foolish Popish groundless Comment But as this Comment arose from Popish Politicks and Prelatical Usurpation so it was grounded and is yet countenanced by and from a vulgar error Namely That the Synagogue or Sanhedrim amongst the Jews was only a Spiritual-Court or Kirk-Administration and that all the weapons they had was putting out of the Synagogue or debarring and excluding from the Sacraments Ordinances Divine-Service and all Spiritual and Ecclesiastical-Communion And not one of a thousand at this day but so accept it Whereas in truth the Sanhedrim Kirk or Synagogue was no more a Spiritual Ecclesiastical Court than those amongst us in Westminster-Hall or at the Assizes For the Sanhedrim or Synagogue acted by a standing Commission of Oyer and Terminer there was not amongst the Jews especially in our Saviours time when he spoke those words Matt. 18.17 two distinct Jurisdictions Ecclesiastical and Temporal one for the Soul another for the Body for such differen Courts are apt to clash and keep a quarrelling or ado with Prohibitions Consultations and I know not what But the lord-chief-Lord-Chief-Justice was also High-Priest and Chief Magistrate and all the Inferiour Courts had Jurisdiction over all Persons and in all Causes Ecclesiastical and Temporal called the Sanhedrim the great the less and sometimes and usually the Synagogue Which Synagogue I say was carried on by Commission of Oyer and Terminer and never Excommunicated any man that is never debarr'd any man Synagogue Church and never shut any man out of the Church or Temple if he was a Jew though never so prophane But the Kirk or Synagoghe Church or Judges or Justices of Peace Magistrates call them what you will for they were one and the same men as they are at this day in Turk●… Persia and the greatest part of the well-govern'd World as well as in the Theocratye of the Jews the Government of Gods own making Moses was Lord-Chief-Justice and Priest too and Consecrated and Ordain'd Aaron and his Son Moses Promulgated Canons and Constitutions not only temporal but Ecclesiastical Joshua nor Eleazar was commanded by God to look to and take care that the Israelites should be Circumcised the second time neither was he to except any amongst them or debar them from

thereby but when this Defendant married ten times more in the years 1674 1675 1676 1677 1678 and 1679. and made the People pay for a pretended Licence and Marriage about 12 s. or 13 s. of which each the said Registers and Commissary had 8 s. apiece Then oh no! Then not a word to be said nor any Promoters heard of against him But after the writing the Naked Truth that tells them roundly of their crying Extortions and Oppressions of the King's Subjects in illegal Fees or rather Exactions in Probates of Wills Letters of Administrations Ordinations Institutions Inductions Visitations Synodals Procurations Excommunications and Absolutions in answer whereof neither they nor one Fullwood their Doughty-Champion has so much as one word to say in their Defence Then nothing will serve but Ruine and Desolation in Plots and Contrivances against the Author for Barretry and No body knows what And now too have at his Rectory and the Profits thereof which he holds by the Law of the Land and will hold in spight of their teeth and malice For if such solemnizing Matrimony were prov'd upon him in a lawful Court and Judicature and against lawful Canons and Constitutions found upon Record and in a Court of Record but this Court if it be a Court is no Court of Record and a true Copy thereof here produced and testified And also if it be prov'd that such Canons and Constitutions so contrary to one another are or which of them are now in force in these days that the 1 Eliz. 1. by which they had enargie life and power is defeated and also by the said 16 Car. 1.11 and 13 Car. 2.12 Yet even then the malice of this Defendants Adversaries cannot reach his Rectory and the Profits thereof as Thomas Doughty threatens in the eighth and last Article for not only the Injunctions of Queen Elizabeth ordains Suspension only ab officio but that Suspension in general terms in the pretended Canon of King James ought to be construed the same with that of Queen Elizabeth namely Suspension only ab officio or silencing or stopping the mouth a mighty Priviledg not Suspension a beneficio because of the said Maxim of the Civil-Law Common-Law Mercy Reason Equity and Conscience namely Poenae generaliter expressae semper debent intelligi in mitiori sensu punishments only in general terms exprest ought always to be taken in the mildest sense Oh! but the said Promoter Thomas Doughty in this last Article cannot afford so much clemency it is a pity therefore he should ever be called vestra clementia or his Grace mercy is an Herb rarely found in the Fields of an Informer or Promoter Solomon tells us The mercies of the wicked are cruelty However whatever may be prov'd against him in this mighty case he doubts not but to keep his Free-holds Lands and Tenements both spiritual and temporal which blessed be God are worth the gaping for and let them gape they may gape long enough before they stop their mouths with them 't is to be hoped their mouths will be stopt with mould first in the grave before they ruin a Man and his House a Man and his Family a Man and his dear Wife and seven lusty Children God bless them and keep them out of harms-way secure under the Protection of the Law against all Conspirators against this Defendant or them and against all Man-Catchers little and great we live in jolly times God keep us Which brings to mind Nothing of this was put in the Defendants Answer but is added de Nove the Caveats entred by Sir Mathew Hale that incomparable Lord Chief-Justice against and for himself necessary to be continually had in remembrance by all Judges Temporal and Spiritual and proper enough it is here to Insert one half or nine of them 1. That I never engage my self in the beginning of any Cause but reserve my self unprejudiced 'till the whole be heard 2. That I be not too rigid in matters purely conscientious where all the harm is diversity of Judgment 3. That I be not byassed with compassion to the Poor or favour to the Rich in point of Justice 4. That Popular or Court-Applause or Distaste have no Influence into any thing I do in point of distribution of Justice 5. Not to be solicitous what men will say or think so long as I keep my self exactly according to the Rules of Justice 6. If in Criminals it be a measuring cast mark that to incline to Mercy and Acquittal 7. In Criminals that consist meerly in words when no more harm ensues moderation is no Injustice 8. To abhor all private sollicitations of what kind soever and by whomsoever in matters Depending 9. To charge my Servants 1. Not to Interpose in any business whatsoever 2. Not to take more than their known Fees 3. Not to give any undue Precedence to Causes 4. Not to recommend Counsel Ay Ay here was I had almost said a None-such seldom comes a better nay nay seldom such another Again to our present matter in hand and the Article aforesaid of transgressing the Canons and Constitutions of the Church of England The Article does not say what Canons whether Canons made before the Reformation or since whether Canons made when the Pope was Head of the Church of England or Canons made since the Kings of England were declared by Acts of Parliament the Heads or Head of the Church of England So that this Defendant cannot possibly know how particularly to answer the same or know whether to confess traverse or deny so that this Defendant therefore requires that it may be explain'd and particulariz'd by the Promoter or Promoters what Canons and Constitutions they mean or would be at and where such Canons and Constitutions of the Church of England are to be found and in what Court of Record that this Defendant may give a more positive and particular Answer thereunto for dolus later in universalibus Secondly Besides what is already said at large as to the Uncertainty which is enough to quash the said Articles at least for the present if it were needful This Defendant further answereth and saith That he humbly denies the force strength and vertue of all Canons and Constitutions vulgarly called of the Church of England that are not Confirmed by King and Parliament the onely Legislators and Law-makers in this Realm of England Which if any deny to be true 't is like he may have an answer in Parliament if thought fit But if it be true and that no Canons and Constitutions of the Church of England are allowed or confirmed to be obligatory Laws to an Englishman as in 13 Car. 2.12 16 Car. 1.11 then there 's an end of the Story and this Traverse is further needless But if this Court denies That the King and Parliament are the onely Legislators then this Defendant desires they would so declare and express themselves that so this Defendant and all others may know the limits of their obedience For