Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	bench_n	court_n	king_n	6,144	5	4.1238	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45196	Mr. Emmertons marriage with Mrs. Bridget Hyde considered wherein is discoursed the rights and nature of marriage, what authority the Curia Christianitatis hath in matrimonial causes at this day, the levitical degrees, the bounds of a legal marriage, and the reasons thereof, and that now matrimonial causes are determinable by virtue of the statute of H. 8. by the judges of common law : in a letter from a gentleman in the country to one of the commissioners delegates in that cause, desiring his opinion therein.	Hunt, Thomas, 1627?-1688.	1682 (1682)	Wing H3757; ESTC R15660	26,212	49

have their final Judgment at Common Law will meet with a ready and free consideration I doubt not with our Common Law Judges since they are so untowardly and contingently carry'd in these Commissions that their proceedings meet with a general dissatisfaction as they are a mighty Gravamen to the Litigants That which I have to say in this matter had need be very clear since the notion may seem new and a great prejudice lys against it But it will appear not new before I have done with it the premises from which I conclude it be all agreed to me and the Conclusion I make from them will be clearly inferd It will appear to be as useful as true and therefore I hope have a favorable Reception I do not intend to controvert or bring into Question the Right of the Ecclesiastical Courts to judge in all Causes of Offence against the Laws of Chastity and the Enforcement of the performance of the conjugal Rights And to compel the Precontractators to proceed to Marriage and perform the Conjugal dutys They may retain a Cause de jactitatione maritagij for that the common Law allows no action of the case without special Damnification tho in it self it carrys with it a prejudice and is a very great incumbrance fit to be removed by the Authority of a judicial Sentence As also in a promise of a Marriage where there hath been any Execution of the Agreement to enforce a Marriage These two last Order of Causes belongs to them upon the same reason as Performance of Covenants in kind and Examination of Witnesses in case of pretence of title in perpetuam rei memoriam belongs to the Court of Chancery that is as a derelict of the common Law and for a further Reason for that matter may be concern'd and mov'd in these Causes which are not so becoming our more publick Tryals at common Law To the Ecclesiastical Court belongs all Causes of Divorce and the Punishment of incestuous Mixtures where Marriages are void which our Law ought to judge and all other sins of incontinence which are most aptly punished with shame a restraint of the same Nature which God hath planted in our Nature for the bridling those natural Appetits which betray Men into such inordinacys And in this our Government most commendably follows the Indication of God himself in our Nature I have a great Honor for the Gentlemen of that faculty and do not envy any matter of judicature that truly belongs to them I do believe a true civilian that hath the Learning that belongs to that faculty to be the best accomplished Man and of the most universal Usefulness to the World and if all Causes of Matrimony were assigned to be judged only by Men of that Faculty and not by miscellaneous and fortuitous Heap of Men which make the Delegates in most Causes This Cause of Mr. Emmertons Marriage had not been so afflicted and vexed and prejudiced by Reasons which publickly to mention would I fear be accounted a Libel against the Government for the Eminent Drs. of that faculty have acquitted themselves honorably in the Cause and have given Reputation to the Cause of Mr. Emmerton under all the discountenance that hath been cast upon it for little other Reason than from the disparity in his Condition with that of the rival Litigant It is not I declare any Exception against the Justice of the civil law-Law-Courts or against their Law that moves this Question But the meer Right and Cumbersomness and vast unweildyness of these Commissions of Appeal And for that whatever shall be the chance issue of this fortuitous Commission It may be undone by virtue of a prohibition out of the Kings Bench which as well reverseth sentences after they are pronounced for that the matter belonged not to that forum as it doth inhibit their procedure where it comes in time To prove that matrimonial Causes are not of Ecclesiastical Cognisance I shall now proceed Matrimony is as old as the World and it will be hard in the search of History to find a time when any People was without that institution longer then without Government Marriages and Familys were before Government but Governments every where in all Ages injoyn'd them dishoner'd and disgrac't Fornication and concubinat honor'd Chastity and made Whores infamous Marriage was no invention of Priest craft as a prophane immoral man in Leud Rhime dare pronounce Poet he ought not to be called that title which might belong to his inventing faculty he hath forfeited by his impiety and immorality Poets were the antient Theologues and Teachers of manners he that is a Poet ought to know Quid deceat quid non quo virtus quo ferat Error Hor. Art Scribendi rectè sapere est principium fons Poet. This Mans owes all his esteem to the Debaucherys of the Age If the People should recover their Wits which they have lost with their manners they would use him as the People of Athens did Dionisius at the Olympick Games for his wicked Poem tho they at first were taken with the composition It is no matter who such a man disgraceth that publickly blasphemes reviles Marriages and the Laws of Chastity such publick impudence qualifies him to say or write whatever is false whatever is evil he is bad enough to disgrace the worst of Men and the worst of Causes Marriages were every where injoyn'd by Governments and promoted assisted and conducted by Laws and Acts of state and the liberty of marriage had more or less restraint as the Laws of several Nations did appoint The Greeks Romans and Germans forbid polygamy But the Easterlings allow'd it The Romans made those marriages unlawful which the Law of Moses made so and also forbid other marriages that were not by the Mosaical Law prohibited as for Example The marriage of the Uncle and Neice which the Law of Moses doth not forbid tho it forbid's the Nephew to marry his Aunt or Uncles Wife But the Asiatick's us'd a licence of polygamy and permitted all marriages but those that the Roman Law call's Nuptiae nefariae i. e Between Parents and Children and even such marriages were sometimes committed amongst them But causes of marriages were alwayes and every where judged by the ordinary Courts of Judicature and as other contract 's were judged The Law 's of mariage were not dictated by the Priests but enacted by the Legislators neither did ever any forum belong to the Priest hood in that capacity before Christianity It was not the office of the Priest's of the pagan Religion to instruct the People in moral 's or to guide their Consciences by the rules of virtue for this they were beholden to their Phylosophers and Poets paganisme was a Religion divided and abstracted from morality That did neither teach it nor enforce it their Priest's were Sacraficers Conjurers and Sooth Sayers and no office did belong to them that referd to the state except in difficult affaires of state to serve