Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	ecclesiastical_a	judge_n	1,876	5	7.5811	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01287	A direction or preparatiue to the study of the lawe wherein is shewed, what things ought to be obserued and vsed of them that are addicted to the study of the law, and what on the contrary part ought to be eschued and auoyded.	Fulbecke, William, 1560-1603?.	1600 (1600)	STC 11410; ESTC S102759	95,054	195

consideration then to deale warily where there is great danger to any partie that a man may not rashly determin of a mans credit bloud or life sith these things be of that qualitie that being once lost they cā neuer be repaired But to know whether things be fauorable or odious the things are not to be cōsidered in thēselues but theffects which proceed of thē as dower is fauored in respect of the widowhood desolatenes of the woman whose husband is deceassed 6 It must likewise be obserued that when a thing is forbidden all things that follow therof are likewise forbidden as on the contrary part when a thing is granted all things are implicatiuely graunted with it whereby we may attaine to the thing graunted and if the beginning of things be forbidden the end also is forbidden according to the rule Qui meditatur principiū meditatur etiā finem and things are principally forbidden for the end to which they are directed But here a distinction is to be vsed for where the consequēt is of it self auaileable and doth not necessarily depend vpon the power and vertue of the antecedent it may be of force though the antecedent be forbidden for then it is without the cause of the prohibition but if it depend essentially vpon the antecedent it is otherwise For the better vnderstanding of this rule it is good to be seene what may properly be sayd a principall thing and what an accessorie That is principall which is of greatest moment an accessorie thing is that which by consequence goeth with the principall If the Queene graunt vnto one Cognitionem causae her highnes graunteth vnto him the hearing of the parties and the examination of witnesses So the margarites or pretious stones that be in gold or siluer do yeeld vnto it and do passe with it because they are but the ornaments thereof and were applied to the decking and beawtifying of it An accessorie briefely may be taken to be that which is adioyned to a thing and is lesse then the thing to which it is annexed either in substance or in valew or in respect both of substance and valew 7 The validitie of an act must be especially fauored vnlesse there be a manifest nullitie in the proceeding Therefore whensoeuer the nullitie of an act shall appeare by the proceeding of the parties which is sayd to be euident and notorious and excluding all cauill it is to be held as voyd but if the nullitie proposed do not so appeare but requireth a deeper search because many times error is obiected that the Sute may be protracted there consideration must bee vsed But in doubtfull causes interpretation must bee so made that the acte may rather stand then fall But the obiection of error is alway to be fauored when the error assigned doth concerne the figure solemnitie of iudgement And therefore he that will dispute of the validitie of an award or iudgement ought to be warie and carefull that he put the axe to the roote and that he first examin the iurisdiction and power of the Iudge because that being the basis and foundation of the iudgement if that fall the rest cannot stand It is therefore to be cōsidered whether he were a competēt Iudge by reason of the cause of the parties of the time and the place For by reason of the sute or cause a Iudge may be incompetent as if the cause belong to a meere iurisdiction and the Iudge be only a Magistrate in a certaine corporation or if the cause be ciuill and the Iudge who taketh connusans of it be Iudge of Gaole deliuerie or if the Iudge be secular and the cause Ecclesiasticall or if the Iudge haue some other limited iurisdiction and he taketh connusans of a cause not cōprehended within the lists bounds of his commission he may be incompetent also by reason of the place as if he iudge of causes without his territorie or circuite or els within his territorie but yet in a place exempted he may be incompetent by reason of the time as if he did iudge before he had his commission or after his commission expired or if his iurisdiction were suspended as at festiuall times which wee call dies non iuridicos or at such a time when a greater Iudge was present or if the Iudge were called to a higher place or if he were forbidden to exercise his power And also the person qualitie of the partie is to be considered because some by reason of a legall impedimēt are vncapeable of the aduantidge of lawe as these that are outlawed excommunicate and out of the Queenes protection And there can be no fast roote or sure ground of their proceedings for such are to be denied audience because their offence default ought not to find patronage Likewise there may be a default in the party making an Attorney as if he could not make an Attorney in that cause or else by reason of the Attorney himselfe as if he be vncapeable of such an office as being not lawfulby aucthorised But if a iurisdiction be giuen and graunted to one it is to be intended to be giuen him accumulatiue non priuatiue rather to enlarge then to diminish his power And though a Iudge of the Gaole deliuery being appointed and ordained by commission to the hearing of causes criminall may not principally inquire of causes ciuill and pecuniarie because it is a Iurisdiction limitted yet incidently and as it were by the way for the better examining of capitall crimes hee may take notice of such things But if the processe and iudgement bee framed against one who is not onely not subiect to his iurisdiction but is also free from the iurisdiction of euery man liuing as if the partie be dead concerning whome no acte can be conceiued or vpheld the Iudgement is voide Thus haue I shewed to the Student in so generall manner as the order of this treatise doth require and likewise so particularly as to his vnderstanding may be playne and manifest what course hee ought to take in examining the cases reasons opinions arguments proceedings and iudgements whereof he shall finde great store and aboundance in his bookes Now I will by fauour discend to describe and delineate vnto him briefely for it is a matter which may be handled plainely and in fewe wordes what course hee ought to obserue in the exercise of his studie Of the exercise and conference which the Student of the lawe ought to vse The fifth Chapter EVery art and knowledge produceth effects and like a good weapon is vnsheathed vsed in time conuenient otherwise it would be quickly ouercast and eaten with rust But there is nothing that with so much brightnes and glory illustrateth our knowledge as the orderly and iudiciall applying and accommodating of that which we haue read For as a man knoweth by his bookes so he is known by his practise and by that which he