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	commit_v	execution_n	1,415	5	10.2869	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35646	The case of Sir John Lenthall Knight, Marshall of the Upper-Bench prison humbly presented to those in authority and to all rational and indifferent men.	Lenthall, John, Sir, 1625-1681.	1653 (1653)	Wing C995; ESTC R3641	10,644	24

bound with him in a bond of 100 l. debt But when they came to descend into particular matters it was very strange to me to see Mr. Fountain I will not say more like a feed Lawyer or an enraged enemy then a sober judge afford so much countenance to all Petitions and complaints that came in against me to stretch matter further then by Law they would endure And when I desir'd but Copies of Petitions that I might be the better enabled to make my defence utterly to refuse me and put me to answer upon the place which when I endeavoured to do as well as the smalness of the time and my owne surprisal would permit me I was sundry times reviled many opprobrious speeches both against my self and my nearest relations were publickly uttered without the least control or check The Witnesses which I brought in order to my justification were discountenanced Mr. Fountain in the mean time privately commenting and glossing his owne conceptions as I have reason to conceive and writing them downe so that things seemed to be carried on I will not say it was by design or injustly meerly in a manner to compass my ruine The Petitions and charges that came in to look on the number were a great many on the weight of them a very few Some of them are either so false or inconsiderable that they are not worth mentioning here as I have done otherwhere some the very stating of my case imediately detects the malice and impertinency But since that there is one particularly insisted upon as a matter very horrid and ugly I shall not forbear to set it down that by the estimate of this grand business an account may be taken of the rest And the business stands thus One Iohn Guyet was committed to the upper Bench Prison Feb. 10. 1650. upon an action of Trespass at the suit of Edmund Child but not upon Iudgement or Execution This Guyet broke the Prison-house he being kept in close Prison together with four others in the night time having burned down the window with hot irons poisoned a fierce Mastisse and given some Opiate Medicine to the watchman wherewith he laid him in a dead sleep all night and by that means the said Guyet went away in the night time by ladders of ropes provided for that purpose as is proved by many witnesses Thereupon Child brings his Action of the case against Sir John Lenthal for 579 l. for the escape and at a tryal at Guidhal had given him by the Jury who fa●l'd not to be his friends at a dead lift the whole money and damages 584 l. 13 s. 4 d. For reliefe of this verdict I preferr'd a Bill in Chancery to which he put in an unperfect answer and sate in contempt Hereupon I mov'd at the Rolls for an Injunction to stop proceedings a● Common Law which the Master of the Rolls being satisfied that Child in equity ought to have no more of me then he could have recovered of Guyet at Common Law and for that a man may lay an action of 10000 l. and yet possibly not recover 100 l. and for that this was the onely course I had left to make Child confess what his debt really was he having already in his answer confessed 100 l. given by the Verdict more then was due to him granted as well for these reasons as that it had been the constant practice and rule of that Court to grant injunctions upon the like occasions And whether I had not reason to seek for reliefe in Chancery or no let any man judge For though there were abundance of equitable circumstances which I could not make out at my Tryal yet by that among other things which I said before the Equitie was very evident Nay this Case among others was referr'd by the Parliaments Order of the ninteenth of Ian. 1653. to the Justices of the Upper Bench who upon hearing of the whole matter declared me not in fault for the escape and the business therefore onely proper for the Chancery wherein being a Court of Equity I was onely relievable For certainly the Verdict was a strange one and the oppression that lyes upon me by the means of it as heavy and of as ill example as can be possible This is the great business as to the Execution of my Office but because the rage of my enemies was not content to stay here but would strike at my life as well as my livelihood they have set abroach an old business voted scandalous by the Parliament many yeers ago and threatned to try me for my life about it The business stands thus George Smithson was committed to the upper Bench Prison June 13. 1637. where he carried himself with such extream disorder that in the yeer 1640. he was put into the common goale where he was not only so troublesome but also so dangerous to the Prisoners that they petitioned for his removall Hereupon I ordered him every night to be put into the house which is set apart for unruly Prisoners There continuing his old manners he was kept for some time all which space he was fed with victualls sent from my own Table and the Stewards of the house had express order to take care that he should be constantly relieved He died the 5 of Sept. 1640. A Coroner sate upon him a Jury was sworn six Prisoners and six neighbours who found that Smithson dyed by the visitation of God and not otherwise or by any other means as appeares by the Record I thank God I have this comfort yet left me that I can say I finde not in my heart to thirst after blood And certainly these people had they not been blinded by their owne malice and carried on by an extream desire of my ruine might have found our somewhat more probable to have employ'd their perjuries about then for to say that I should hazard my Salvation my Reputation my Life the well-being of my Wife and Children and all this for the blood of a poor Lunatick in Prison whom till that time I had never known and from whose death I could draw no advantage The very same men that have reviv'd this complaint against me before this Committee brought the same complaint to the Parliament seven or eight years since at which time it was examined with all industry scrutiny earnestness and integrity possible all their owne examinations and those of what witness they could produce a were taken and several persons were admitted by that Committee in the name and behalf of the City to take notice of all proceedings The Committee after a full hearing made the report to the Parliament that they found the Accusations false and prosecuted without cause whereupon the 5 of Sept. 1645. they voted That the complaints were raised and prosecuted without any ground at all falsely maliciously and scandalously and that William Pendred Edward Jenks Hannah his wife James Freez and Stephen Pratt were principal instigators and prosecutors of these proccedings