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
A47681	The representation of the case of Sir John Lenthall, Knight, in his late sufferings	Lenthall, John, Sir, Knight.	1654 (1654)	Wing L1067; ESTC R41658	19,906	45

contain a fourth part of the Prisoners my Predecessors in their severall times and that alwaies by permission and appointment of the Judges used to lodge them having first taken security for their true imprisonment in the houses about and that they call the Rules which as it avoides a grand inconvenience for otherwise every perticular man must have a perticular Keeper which were a charge to him unsupportable or else the Marshall of the Prison were to maintaine them and so he should bee a loser by his office so it brings this great advantage and security to the Creditor that the security being double the debt it is thereby strengthened and the Creditor in better probability to recover his own For if any escape be made I am liable to paye the debt and upon recovery had against mee at Law I either resort to the security or turne it over to the Creditour by which meanes many have recovered their debts which probably otherwise they had not done But these bonds being of late doubted to bee within the Stat. 23. H 6. though ever before held good and so often adjudged many have under this pretēce escaped or violently broke Prison and thereby both defrauded the Creditors and occasioned great damages to bee given against the Marshall And although I haue done nothing but what by Law was formerly accustomed and justifiable yet I desire a difference may bee made betweene voluntary and involuntary escapes that is to say escapes happening either by my granting too much liberty or by negligence or connivence and those which in despite of the strength of the Prison and the care and dilligence of the watchmen are oftentimes made by desperate Persons groaning under their wants and impatient of restraint and therefore I appeale to all the Nation whether there was yet ever any debt recovered against mee for an escape which I have not satisfied And as I cannot bee denied the liberty of a true English man to make my best defence when I am impleaded at Law which in many cases plentifully relieves me as 3. Edw. 1. Cap. 3.1 Edw. 2. Cap. 10. Bonitons case Cooke 3. part pa. 67. Ridg ewayes case Cooke 3. Page pa. 54. Wesbies case So if it can bee proved that any escape hath beene wilfull in me or that I ever tooke a penny of money for granting any illegall liberty I shall bee content to suffer all that which the malice of my adversaries would inflict upon me Nor is it enough to say that the best and most considerable Prisoners should bee put into the house for so the more insolvent should bee set at randome and their debts by this meanes become desperate for the security of the others besides their owne reputation renders them as safe in the Rules as if they were close and there is many a man that will rather be bound in a bond of 1000 l. for a mans true imprisonment then be bound with him in a bond of 100 l. debt But when they came to descend into perticular matters it was very strange to me to see Mr. Fountaine 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 desired but Coppies of Petitions that I might bee the better enabled to make my defence utterly to refuse mee and put me to answer upon the place which when I endeavoured to doe as well as the smalnesse of the time and my owne sur-prisall would permit me I was sundry times reviled many opprobrious speeches both against my selfe and my neerest relations were publickly uttered without the least controle or check The witnesses which I bought in order to my justification were discountenanced Mr. Fountaine in the meane time privately comenting and glossing his own conceptions as I have reason to conceive and writing them downe so that things seemed to bee carried on I will not say by designe or injustly meerely in a manner to compasse my ruine The Petitions and charges that came in to looke 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 heere as I have done otherwhere some the very stating of my case immediately detects the malice and impertinency But since that there is one particularly insisted upon as a matter very horrid and ugly I shall not forbeare to set it down that by the estimate of this grand business an account may be taken of the rest And the businesse stands thus One John Guyet was committed to the Upper Bench Prison Feb. 10.1650 upon an Action of Trespasse at the suit of Edmund Child but not upon Judgement or Execution This Guyet broke the Prison house hee being in close Prison together with foure others in the night time having burned downe the window with hot irons poysoned a fierce Mastiffe and given some opiate medicin to the Watchman where with he layd him in a dead sleepe all night and by that meanes the sayd Guyet went away in the night time by Ladders of Ropes provided for that purpose as is prooved by many witnesses Thereupon Child brings his Action of the Case against Sir Iohn Lenthall for 579 l. for the Escape and at a Tryall at Guildhall had given him by the Jury who faild not to bee his friends at a dead lift the whole money and damages 584 l. 13 s. 4 d. For reliefe of the verdict I preferd a Bill in Chancery to which he put in an unperfect answer and sate in contempt Hereupon I moved at the Roles for an Injunction to stop proceedings at 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. for that this was the onely course I had left to make Child confesse what his debt really was hee having already in his answer confessed 100 l. was given by the verdict more then was due to him the Injunction was granted as well for these reasons as that it had been the constant practise and rule of hat Court to grant Injunctions upon the lkie occasions And whether I had not reason to seeke 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 tryall yet by that among other things which I sayd before the equity was very evident Nay this Case among others was referred by the Parliaments order of the ninteenth o● Ianuary 1652 to the Justices of the Upper Bench who upon hearing of the whole matter declared me not in fault for the Escape and the businesse therefore onely for the Chancery wherein being a Court of equity I was