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	defendant_n	plaintiff_n	9,017	5	10.6970	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34350	Considerations touching the dissolving or taking away the court of chancery and the courts of iustice depending upon it with a vindication or defence of the law from what is unjustly charged upon it, and an answer to certain proposals made for the taking away, or alteration, of it.		1653 (1653)	Wing C5918; ESTC R18810	47,697	80

will be gainers by it or were not Acted by some Jesuitical party or influence would disturb and destroy this Commonwealth To prevent which and to do what we can as long as there is any hope left we shall intreat them by the Tears and Compassion of their already too much impoverished torn and languishing Mother England and the love they ought to bear to their Brethren and their own if they will not be carefull of other mens posterities to stand a little and look about them before they drown us and themselves in that Sea of misery and confusion they are letting in upon us and either to read our Lawes or be informed by those that understand them and consider well before-hand now they may help it that which Truth and a sad experience may hereafter tel them when they cannot find a remedy for it That the Laws and Courts of Justice they world now over-turn are those Lawes and Courts which by a long-experience and universal reason and consent of our Fore-Fathers have thorough many ages and generations descended and come unto us as a common Birth-right and Inheritance will if rightly examined and inspected appear to be deduced from no worse original or authority than the Decalogue or Ten Commandements themselves and the reason and equity of many of those other Laws which God himself in Mount Sinai commanded Moses to declare unto the people That the Law of England is Ipsissima ratio right reason it self From which and the right use and practice thereof if they that shall make it their business to accuse our Laws and reasonable Customs and Courses of Courts of Justice shall but abstruct and take out of all the causless complaints are made against it which ought to be done by those will judge aright of it all that happeneth by the ignorance or weakness of men in making of their Contracts and Assurances one with another The cavils and strange subtilties of those that would deceive oppress or take advantage by it The making of Wills and Conveyances by ignorant persons unfit placing of words in them and want of coherence or signification which do not seldom beget contradictions or perplexities of the sense or meaning of the parties their holding hard to advantages gotten by a mistake of words or parties to create a right or title where there should be none Wresting of Laws to their own purposes Self-conceited false or frivolous Suggestions in their motions or desires to the Courts Reiteration and succession of pretences and strange allegations not at first discernable by the Lawyers or Judges themselves Hasty and wilfull commencing of Suites upon small or no advice at all Ravelling and perplexing of their own Causes Eluding or striving to over-reach the Laws or strain them beyond their intentions Ignorance or wilfulnesse in managing of their Causes and the frowardness or unquietness of their own spirits in coursing one another through all the Courts of Law at Westminster Hall by severall Tryals and Verdicts bringing writs of Error upon them out of the Common Pleas into the Vpper Bench thence to the Exchequer Chamber to be heard by all the Judges of England Thence to the Parliament though they pay great and several costs to their adversaries discontinuing of writs of Error or abatement of them by the death or instance of some of the parties bringing their Bills and Crosse Bills in Chancery getting Orders upon Orders Decrees upon Decrees Rehearings Reviews or Dismissions Entitling the State afterwards to what they sued or vexed one another for Appeals from the Country Committees to Haberdashers Hall from thence to the Committee of Indempnity Thence to the Committee of Obstructions from thence to the Committee of Petitions for grievances And from thence to the Parliament again and if they be rejected or cannot be heard in one Parliament Try another and another and as many as they can live to sollicite their multiplying of needlesse and frivolous Actions obstinate and willfull endeavours in trying all they can to overpower or woorie their Adversaries never acquiescing in the Judgement of their own Lawiers or of any Court as long as any wit or invention of any other Lawier who cannot alwayes see through his Clients unjust pretences can but shew them the way to further vexations The Necessity which lies upon Judges and Courts to keep Rules Orders which may not be broken to help particular Cases Miscarriage of Causes by mispleadings Incertainties in the Plaintiffs or Defendants own Actions or instructions Their hiding or concealing truths Their not agreeing or right Stating of matters of fact misapplications of good Laws remedies to ill purposes deceit delay of one another in references weaknesse of Arbitrators and Awards deceit or ignorance of Sollicitors a race of people was not allowed or heard of in the Law about 100 years agoe but where Noblemen had and reteined them in their houses as menial servants too many of which of late have been broken and busie Trades-men or such as scarcely know the names of a book of law or to spell write or read Their champerty maintenance and ambodextry some knowing and honest Sollicitors excepted taking mony before hand of their Clients and never giving an Accompt for it mistakings or wilfulnesse of Juries want of evidences intricacy of causes Errors or misinterpretation as mistake the of Judges Ignorance malice or self ends of those that speak ill of them and the difficulties which sometimes do lie upon the wisest and most honest of men in discerning between truth and falshood and dividing betwixt them and distinguish as our Fore-Fathers and the wisdome of former ages used to do betwixt the right use and the abuse of them between particular mischiefs and general inconveniences betwixt the Inconveniences which some one Law may sometimes bring upon a few particular men and the good it brings to one hundred thousand others at the same time and allow but that which was never yet denyed to all the Lawes of the world an impossibility of foreseeing preventing or remedying of all things which the wickednesse of the hearts of men or their devices may lay in their way there will not be enough left to prove them to be corrupt in their foundations Take away and lay at the doors of those that ought to bear it the selling or mortgaging of lands Twice or Thrice over the Counterfeiting and putting to the Seals and hands of parties and witnesses forgeries and taking out and putting in of words into deeds or evidences strange and unheard-of combinations practices Witchcrafts and Sorceries putting of dead mens hands to Wills moulding hiring of false witnesses and Suborning or packing or laying of Iuries which are the Actions of the parties themselves to compasse and bring to passe their own wicked purposes and not of the Lawiers Let it be but considered that if there happen in an age some unreconcilable Suits wherein some contentious spirits have for many years together chased and vexed one another

which some are content to leave at Westminster to determine Appeals and other necessaries to that contrivement as there will be Counties the yearly allowance or Salarie of whose Judges if they should have but two hundred pound per Annum for every Judge according to the number of Five in every County Court of Fifty will amount to 50000 l. per Annum more charges than the Commonwealth is at already for Judges Salaries And when they shall be thus paid and furnished out will if Lawiers shall be so much excluded from being Judges as hath been proposed be as to Four in every Five of them meer Strangers to the Laws of the Land or know so little of them as not to be relyed upon for their Judgements For we cannot suppose that the eleven Judges in the Courts at Westminster Hall are intended to be any of them or can be at one and the same time at Westminster and in these new County Courts or serve or be enough to make one in every of these Fifty County Courts as some would contrive it to sit with these new County Judges who having as is to be feared not read much of men or books will have no ground or capacity for knowledge to grow in nor any thing of parts or learning to build up an ability withall but be willfull or obstinate in their ways or opinions for want of better understanding or domineering because they shall not be able to know when they do well or ill And if they should be honest which perhaps will not alwayes happen their want of knowledge of the Laws and the rules they should go by their not knowing how to understand what shall be said to them nor what answers to give their inability to expound the Law by other Laws or make a right construction of the words or meaning of Deeds or Parties or to distinguish and divide betwixt truth and falshood right and wrong reason and pretences of it colour or reality or how to find the difference betwixt the Cases or Evidences that shall be urged by the one side or the other or to state the matter of Fact or to sever the point or material part from the circumstances will make them as fruitfull in their oppression as in their errors and mistakes apt to be led or mislead by their fellow Judges that shall be Lawiers or which will be worse to be like wax taking the impression of every mans Seal that shall be last clapt upon them be directed by a Wife or Clerk or some other simple or knavish favourite that shall broak and trade in every cause that shall come before them and be sure to abuse it Trouble and delay the people with needlesse scruples and niceties by making Quaeries or doubts of that which to others would be common and easie and stumbling at every word that comes not up to their apprehensions give advantage to knaves and put men to seek indirect Courses or ways to ballance the Judges because they dare not trust them to do that which they ought to do hurt rather than help such as shall be innocent and oppressed or are not allowed Counsel to plead for them make them be ready to allow of all the reasons given by the Plaintiffs Counsel and as ready to approve of that which the Counsel for the Defendant shall urge against it and for want of knowledge to guide them in their Judgements to be incertain and instable making an order one day at the instigation of the Plaintiff and another the next day quite contrary to it at the request of the Defendant be like Feathers blown with every wind of Doctrine and like Bowls run only according to the Byas shall be put upon them one will like the Mole in the Fable think himself the most clear sighted of all his fellows another help to mislead himself and others by endeavouring to make men believe that which he speaks is from Christ Jesus when he never spake with him or knows how to expound his written word another will have a fancy of the Spirit or think himself guifted when he himself would not trust the most guifted Trades-man to settle a Daughters joynture or make his Conveyance when they shall have nothing of learning or Law to make use of but their own will weak apprehensions will make such kind of Justice as will be had from them more arbitrary than that of a Tyrant whose will and purpose of governing without Laws when he knows them cannot be so lasting and dangerous as the will of those men of ignorance which shall be only guided by the necessity of an invincible ignorance and may prove to be a greater oppression to the people than it those that shall be thus made to be corrupt or to do like unrighteous Judges had been knowingly wicked for that the one sort doth commit numberlesse errors by not knowing them and the other committs but a few because they dare not adventure to do it often Whereas the old constitutions and course of the Laws of England as ill as the proposers think of them knew how to serve the people better by making choice of such men for Judges as by Seven years study in an Innes of Court or Colledge of Law had come to the degree of Barresters And from thence after a great number of years practice and continuance of Study to be Readers of the Law to the Innes of Court whereof they were after that Serjeants at Law and after that for their eminency of parts and honesty to be Judges where by a continual Study observation and practice of the Law from their age of 16 or 17. until they came to be as it most commonly happens before they come to be Judges above Threescore years of age they became to be great Masters of reason and so fully experimented in the whole body of the Law and Customs of the Nation as by their knowledge therein and of the Civil and Cannon Laws which border upon them and so many Cases and experiments as had in all that time passed through the course of their Studies and practice as they were honourable in the gates of their people and appeared compleatly able to contradict or rectifie Hundreds of other Lawiers that moved or pleaded before them and not only to advise the Supreme Authority when they were called to it concerning the making or executing of Laws but to apply fit remedies to every mans action or grievance that came before them and had all their life after no other Trade or profession to divert or call off their thoughts from a continual Study of the Law and right administration of justice But if it shall be said that all that Catalogue of evills will be prevented by a carefull choice or election of such as shall be made Judges out of the best or most knowing of the people that will but little amend the matter when the Lawiers all but such as shall be chosen to make one