Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	case_n	verdict_n	3,368	5	11.5648	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80411	The vindication of the law: so far forth as scripture and right reason may be judge, and speedy justice (which exalts a nation) may be advanced. VVherein is declared what manner of persons Christian magistrates, judges, and lawyers ought to be. / By Iohn Cooke of Graies Inne, now chief justice of the province of Munster, 1652.	Cook, John, d. 1660.	1652 (1652)	Wing C6028; Thomason E662_9; ESTC R206788	78,991	98

repugnant to Gods command of not pittying the poor in Judgement because it is after Judgement in the nature of an equitable clemency to mitigate the severity of an introductive Lawe made and continued at the best for the hardnesse of mens hearts for by the Common Law it is not so Indeed the malignity of writs of Error consisted in this that rich men will scarce ever obey the Law when Judges have ordered reason P. 39. l 31. If there be any such Counsellors that sell their silence as well as their words take money not to be against them as the Indians are said to present the d●vil least he should hurt them Ne no●●at that promise to be at 3 Bars at the same time ubiquitary Practisers as I hope there be none that purposely do soe let them think of the day of Judgement quando Iudicia erunt reversa post Iudicium Luther which will be a righteous Declaration without the least Error and tremble for fear least another day they should run about to the Courts of Radamanthus Eacus and Minos I cannot omit a story told us going to see the finest prison in the World at Pavia at the crossing of the Po Padus every mans horse leapt boldly into the Barke but one that would not by any meanes enter till at length a passenger whispered in the horses eares and in he came with courage the Ferry-man thinking it might stand him in great stead to know the words prevailed with the passenger to tell him which were these Sicome lanima de Cattivo Avocato va al casa del diavolo cosi va tu sopra questa barca As the Soule of a wicked Lawyer that cozens his Clients goeth to the house of the devill so leape thou into this Boat P. 43. l. 26. Yet I confesse there may be somtimes good use made of Law-subtilties and niceties to find out a starting hole for the poore and oppressed as the Phisicians make good use of poyson or sometimes to pay an old oppressor in his own coyne I confes I doe not hold a it Christian proverbe to deceive the deceiver because we must ever in bargaining doe good against evill yet peradventure a man that hath bin cozened without legall remedy may by some after subtilty make himselfe a saver and that justly the Spaniard saies to cuckold the Adulterer is but to get a Fox or wolfe into a trap however that be not righteous yet many times I observe the finger of God in the mistake of a word or syllable to helpe the oppressed P. 48. l. 27. For truly to be no more dextrous in administrations of justice now then formerly is for a man to be no wiser at 60. then at 30. for it is not in Courts as in our bodies that men are at their strength at 30. and then a staye and after a declination but a fountaine continually sending forth fresh and sweet waters of justice P. 54. l. 1. Would you have finer cloth then is made of English wooll no blessed be God there are enough that are Infra causam meriti But is there any way alwayes to be sure to have good Judges I know one and that 's infallible that the Lawyers be all of them good men for they are heires to judiciall places P. 55. l. 29. For truly to put a young Gentleman to study the Lawe without direction is to send a Bark without a steeres-man saile or anchor into an angry Sea Mr. Littleton being undoubtedly the most crabbed Author to begin with of any Science in the world plaine ground is ever best for young excercisers P. 50. l. 4. Truly It did me good to heare in a Kentish Case the last Terme where the question was upon a tryall about passing an inheritance without the word heires now the reverend Judges declared the Lawe according to the intent of the parties in purusance of the consideration which is the meritorious cause of every Contract Page 69. Tacitus said of usury quod in Civitate nostra semper vetabitur semper retinebitur obduritiem cordis Page 75. l. 20. After Tyrant read but I am utterly against their practising before the right honourable Lords for though the Judicatories and priviledges be distinct to many purposes yet as to the Grand Concernments of state it is rightly stiled the High Court not Courts of Parliaments which being the two eyes of the Body politique can no more look severall wayes then a man can with one eye looke up and downe with the other and then if any matter which hath bin dijudicaced in one of the honourab●e Houses should humbly be ●resented to the other how can it be avoyded but that the same person would be both Judge and Counsell which I conceive to bee a stronger case then my Lo. Dyers that a man cannot be Judge of the Kings Bench and Common pleas for so he might reverse his owne Judgements and that was the reason that if a Parson had bin made a Bishop it had bin an avoydance by reason of subordination certainly for a man to bee Judge in one Court and a practiser in another is a great Error in politiques and I am sure not permitted in any other Christian Kingdome Page 77. l. 12. Good Countrymen bee for ever exceeding carefull in all your Elections let no subtill crafty Malignant for feare or favour procure himselfe to be Elected to disturbe our blessed Counsells If a pure Virgin should cry out and crave your helpe would you not sly to her assistance truly Justice is an immaculate Virgin and craves your helpe to send Religious just and sweet spirited men to keepe the fountaine pure or else no marvaile if the streames of Justice be polluted Page 38. For he makes more motions in a Tearme then another in a yeare as the famous Florentin Sculptor Donatello being desired by the Consuls to make a statue askt 50. l. for it they thinking it too much imployed an ordinary artificer who askt 100. l. for it they being angry referred the price to Donatello who awarded him 80. l. saying I could have made it in a Moneth but the other was three Moneths about it Page 6. And so I have seene a Petion in the behalfe of the poore Cloth-workers full of sad complaints If those many poore soules might have Justice at a cheape rate and speedily against the transgressors of many excellent statuts how could it revive their drooping spirits but let all honest hearts chere up I doubt not but we shall have speedy Iustice the wages of the servant recovered before morning Libertie written upon every Mans doore Christian Lawes in all points establishd free trade for the glory of the Nations and all Monopolies banisht for ever Lastly But the ancient Maximes of the Common Law are in many cases manifestly deluded for contrary to the Statute of 4. H. 4. after Judgements in Ejectments new actions are brought verdit against verdit Judgement against Judgement without Attaint or Error as in the case of the Kentish custome of devising to use the word of the Lord Chancellor ELLESMEre suits for one and the same cause are caried from Court to Court as power and might of the parties or favour and affection of the Judge o● corruption of the Officers or subordination and perjurie of witnesses or such like shi●ts and trickes as can best accommodate the businesse but blessed bee God never such worthy Judges as now the Lord be with them in all their Jugdements and increase the numb●r of Religious and faithfull Judges for this Kingdomes happinesse Because there is some oppinion printed that the Equity or Iniquity of a Jugdement ought not to be questioned in Chancery I think fit to subjoyne the Lord Egertons words some that take pleasure ludere in verbis dormitare in sensibus and so dispute de apicibus juris aequi boni ratione praetermissa and professe learning pueritia literali non Intelligentia spirituali have prest and strained the statute of 4. H. 4.23 not on●y against the Popes usurped Authority but the Chancery thereby opposing the King against himselfe who is equally present in all his Courts and what need had the Lords and Commons to ingage themselves to stand with ●he Crowne against the Chancery oh that his Majesty would yet at the length forsaking a●l destructive ways ingage himselfe with his Noble Lords and Commons against all Antichristian power sinne and profanenesse grounding their conceit upon the words or else where which was at Anignon where the Pope resided aswell as at Rome and so I hope I have fully satisfied my Antagonist Antinomist to whom I wish well in Christ Jesus FINIS ERRATA PAge 10. line 5. for hea●ing a read heavy p. 15. l. 30. for his r. the others p 16. r. precipitous p. 19. r. Lovies case 20. r. murderer p. 23. l. 23. r. sweare his discharge Sulfa terra p. 26. r. Chancery p. 43. l. 8. r. in abeiance p. 44. l. 17. r. Counts p. 45. r. secunda 48. Vergerus falls p. 49. r. nubeculam p. 57. r Hosterie 83. of land is happily l. 29. r. this 3 r. r. the p. 84. l. 3. r. so ls 27. r. that should be l●ke 35. r. luminary 36. r. sublimate the lesser p. 87. for tryall r. legall p. 88. l. 4. r. these sad distractions l. 12. r. these p. 71. for creditors r. debtors and read 11. Eliz. Cartwrights case Camb.

Husbandman would give over his calling for feare he should looke back because it is written hee that putteth his hand to the Plough and looketh back is not fit for the Kingdome of Heaven And the Baker would use no Leaven because a little Leven leavens the whole lumpe Tantum no● bonus in Episcopatu whereunto Reverend Latimer answered let us have it so untill men be so grosly ignorant and no longer if it should please the wisdome of Parliament to ordain that if a case be pleaded sufficiently for mat●er substance that the right is most conspicious evident to the judgment of the Court though there bee some Clericall error or misprision yet the partie shall have the fruit and benefit of his suit or if there should be a law made that every defendant in all actions may plead the general issu● and give the speciall matter in evidence it would be a great ease and benefit for the Subject and why should not every man have as much ease in pleading his Cause as Officers doing any thing concerning their Office and as the Subject in informations of intrusion who have that liberty by Statutes for since Justice is impartiall 21. Iac. 12. 14. it being the honour of our Law that Iustice is to bee had against the King why should not every man have as much freedom in the meanes and way tending to Justice as a any man whatsoever this I must say concerning defective pleadings qui decrevis finem dec● media that in all reason the innocent Client ought not to suffer the losse should rather lye upon the mistaker bee it Councell Atorney or Clerke who makes an implicte contract with the Kingdome to have skill in his profession and the Fee is a consideration of the Assumpsit as the Law in Sicilye is where there are poisonous wells if the Cattell drinke there the Shepherds that are hired to looke to them must pay for them because they die through their negligence but if any error happen by the Clients misinformation Bergieri hee must beare his owne burthen I know it will be said in the Case of theft that Clergy is allowed for the the first offence which I thinke deserves consideration whether it be not some kinde of incouragement for men to transgresse in that kinde but certainely the matter of Clergy is purely popish Why not some other severe punishment though not mortall for in reason it is a greater offence for a Scholler that knowes his duty and the danger of the Law to offend then an illiterate man that knowes nothing in comparison as in the Leviticall Law a Bullocke was required to make satisfaction for the Priests sinne which a Kid or a paire of Pigeons would expiate for an ignorant mans transgression ●evit 4.3 All cruelty whatsoever amongst professed Christians is diametrically opposite to the Gospell of grace such as domineering and ruling over the bodyes of our Brethren as wee say proverbially make dice of his bones the meaning whereof is that if a Prisoner die in Execution after the Crowner has viewed his body the Creditor hath Dice delivered him at the Crowne Office as being all that he is likely to have it cannot be presumed that the Keeper desires the death of the prisoner for he gaines by his life does not therefore the Law presume malice in the creditor or else why is the crowner more troubled then for the death of any other man And yet if any in whose custody they are be so mercifull and tenderhearted as to connive a little at their going abroad the Creditor complaines against him such Enemies are men not only to their spirituall but temporall estates to which purpose I doubt not but the humble Petition and printed Remonstrance of the many distressed prisoners for debt will bee taken into consideration by our ever to be honoured worthies and sages in Parliament who either have estates to satisfie which is hard to imagine that any man should be so desperate shameles to suffer such a lingering death by perpetuall indurance if possibly he could help it nor would the Creditor irrevocably by electing the body discharge the estate if hee knew of any though it is to be wished that creditors were inabled to fel the estate strictly to examine the debtor all suspected trustees upon Oath for the discovery thereof who in Case of forswearing ought to be severely punished which course might cure that panique feare of concealing estates or else they are not able to pay so inforced to an impossibility the party punished yet the debt still increasing like that mountaine of Brimstone neare Naples ever burning never consuming a very emblem of Gehenna Suefaterra which I the rather presume to mention because I know it is the foulest blot in the tables of our Law and of all objections which English Gentlemen who travaile to inrich their mindes meet with the hardest to be answered One thing I shall humbly propound to juditious considerations whether it be not as an image in the bed of David to enter an action in the inferiour Court and when the partie expects a tryall 1. Sam. 19.13 then to have it removed and drawne into another Court why should not the partie as well sweare the cause of action to arise within the liberty aswell as the defendant were his discharge in an Action of debt brought upon a Bond in London Ad aliud examen the defendant may not have the liberty to plead a release or payment in Yorkeshire according to H. the 4. and the statute of forraigne vouchers extending not to it being a personall Action I see no reason but whatsoever suit is legally Commenced in London or else where that it should be removed for no cause but meerly for delay As in a Court of Pipowders the plaintiffe must sweare that the contract was made in the time and jurisdiction of the fare is such a practise that I am confident admits no paralell I know writs of error and appeales from one Court to another upon allegations of error and precipitance in judgement are usuall but whether appeales to the Judges delegates in ordinary matter testamentary when a difinitive sentence has bin pronounced by a most learned experienced Judge are not more common then commendable I make a quere of it and wish that the malice of Clients might be more obviated then it has bin but that a man should enter his Action and proceed in it and bee made believe that he shall have speedy justice and when the Jury is summoned Councell Feed and all charges disbursed but for entring the Judgement then to draw this businesse away at the pleasure of him that owes the money cannot hold the weight of one graine in the ballance of reason if inferiour Judges are not fit to bee trusted with matters above five pounds or such inconsiderable sums let the businesse never be brought before them and this