Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	conscience_n	law_n	1,864	5	5.1678	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38878	An Exact and faithful relation of the process pursued by Dame Margaret Areskine, Lady Castlehaven, relict of the decesed Sir James Foulis of Collingtoun, against Sir James Foulis now of Collingtoun, before the Lords of Council and Session with certain remarks upon the import and extent of protestations for remeed of law in general, and in particular upon the protestation or appeal offered by the Lady.		1690 (1690)	Wing E3598; ESTC R25698	45,312	65

and so might be a ground to annul what was done most justly upon the grounds urged and under Consideration whereby the Justice and Integrity of the Lords might be tarnished by the Faults and Omissions of Parties or Procurators And if by Protestations such doubtful Cases were brought in without limitation to be debated before a different Judicatory proceeding by different forms and in a distinct view and in another light it were impossible for a debate o● what might be t●● con●equences o● a contrary Decision to hundreds of Third parties who had no Interest or concern the time of the first Sentence Nor can any person foresee all that might follow upon such a sudden alteration as to allow unlimited Protestations in any Case only this much is plain that the evident evil Consequences are so many as would render every man uncertain in his enjoyments not knowing at what time some one of these Consequences might reach him which would at one blow strick at the root of all the quiet and secure Enjoyments and Possessions of the Liedges But to return from these more remote Considerations anent the import of unlimited Protestations in general to the particular Case in hand suppose that Protestations were in every Case allowed yet it seems highly unreasonable that the same should be admitted otherwise than in terms of respect to the Lords and in moderation or that Parties should be admitted to affix such injurious and reflecting Characters upon their Decisions as the Petition contains as if any Decision of the Lords should be so grosly absurd As to violate the Faith of all Contracts and to wrest Law to the ruine and defraud of Widows and not only to encourage indirect Dealings but to own the design of Law to be such and to deliver a Decision that equally impugns Law Equity and Honesty These expressions all contained in the Petition are so harsh and rude that if they were allowed at a Parties pleasure it would deprive the Lords of the benefit of that Credit Respect and Honour which is due to them by many former Laws several times reiterate in every Reign since the Institution of the Colledge of Justice and which were thought necessary in the former and present Ages not so much for regard to the Persons of the Judges as to the Interest and Security of the People that these to whom the final determination of all civil Causes in the ordinary Administration Justice was committed might not be over-awed by the Influence and Humour of any person until upon legal Tryal they were Convicted to have done Wrong or Vnhonesty as the Law bears And as this method is not allowable in any Case so for clearing the Injury and Injustice thereof in this the same is desired either to be considered as it is stated in the Process above mentioned Or if any person be unwilling to bestow so much labour let it be considered in a more general view what rational probability can arise from the Circumstances of the Judges and Parties that they should be guilty of such gross Iniquity in prejudice of the Lady Castle-haven As the Petition proports Collingtoun had no near Interest or contingency by Relation or otherwayes to any person on the Bench or in the State and that which in all former times has created Fears and Jealousies of corruption and Iniquity hath either been personal Interest with or by the Party or Court Influence On the other hand the Lady Castle-haven wanted not a Relation either upon the Bench or in the State and particularly she is in that near degree of Consanguinity with the sole Secretary of State now His Majesties High Commissioner that in Law she is reckoned in the place of a Parent to him And tho' that Noble person is indued with more Integrity Honour Justice than in the least to design or countenance the over-awing of the Bench Yet the Lords nether were nor could be Ignorant that her Interest was sufficiently regarded and that she did not want a just Support and Countenance of her Friends and Relations withall not above one or two of the Lords were Personally known to the King or could be supposed to have their Advancement in Places without the Influence of the Secretary and it would appear they had very carly forgot their gratitude if they could in so few Weeks after their Advancement be guilty of such gross Iniquity to the near Relation of so eminent a Person by whom they were so lately Obliged And tho' they could have forgot their Gratitude and also the Oath of God that lay upon them and all without they did so far neglect their Interest as to Disoblige a person whose Favour might be so useful in supporting them or promoving their farther Interest Besides were they Ignorant that there were many envious Beholders to observe their Halting especially in the beginning of their Administration And what was to intice them to all this gross Iniquity Let the World but consider if the Decision had run on the other side and that Collingtoun had Interposed a Protestation What Influence might these general considerations have obtained in the minds of these who are only fit or willing to receive a general view But the Decision in this case did carry so little presumption of any byass or corruption that it gave a general satisfaction and nothing could have more reasonably vindicat the reputation of the Integrity and Justice of the Lords in the eyes of all indifferent Persons it being thereby evident they could not be influenced by any interest or by-end And it is not questioned but the great Persons who have Relation to the Lady will find it their Interest and Credit to support the Lords in determining according to their Consciences and that they will look upon it as a great Honour to them That during their influence The Judges of the Land were not overawed or afraid by the Interest of any party to determine according to the Law and their Judgements as it is recorded of one of the greatest of our Kings that the Lords having in his own presence Determined Against his interest He rejoyced in the Integrity of his Judges neglecting his loss And wheras the Petition asserts that the Ladies Lawyers did redargue all the quibbles of her opposites to the Conviction of all Lawyers who were not blinded with personal Concern for proving this also there is still the same Authority The Ladies assertion And that which she is pleased to call Quibbles is a continued train of uniform Decisions in the cases of clauses of Conquesce to Wives and Children for the space of above sixty years By all which the Lords have followed one constant Rule That such Clauses do not hinder a Husband or Father to use a during his Life albeit these should wholly exhaust the Conquesce at his Death As appears by the Abbreviat of Decisions above mentioned whereof many more of the like Import could have been produced And it is strange that all