Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	court_n	writ_n	5,435	5	9.5512	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45940	Inter Robertum Williamson, quer' et Mr. Attorney General, deft. Upon a writ of error in Parliament The case of the plaintiff, one of the assigns of Sir Robert Vyner. For 60 l. per annum, and the arrears thereof, out of the hereditary revenue of excise.	Dodd, Sam.; Williamson, Robert, one of the assigns of Sir R. Vyner.; Viner, Robert, Sir, 1631-1688.	1700 (1700)	Wing I264; ESTC R216028	3,962	1

although the Grant or Letters Patents were good in Law yet that the Plaintiff had not taken a proper Remedy and that the Court of Exchequer had no Jurisdiction in this Cause And the Right Honourable the then Lord Keeper now Lord Chancellor having publickly Argued the said Cause and being of the same opinion as to the Jurisdiction of the Court for that and several other Reasons offered by his Lordship was pleased to Reverse the Judgment Upon which Judgment of Reversal the Plaintiff Mr. Williamson hath brought this Writ of Error in the House of Lords and humbly hopes their Lordships will be pleas'd to Reverse the Judgment given by the Lord Chancellor and affirm the Judgment given for the Plaintiff in the Court of Exchequer Considering I. That the Plaintiff is a Purchaser upon a full and valuable Consideration from Sir Robert Vyner the Patentee having delivered up the Security he had for his Debt and accepted the 60 l. per Annum in lieu thereof II. That the Court of Exchequer who are always exceeding careful of the Revenue and the King's Interest being more immediately bound thereunto by their Oaths then the rest of the Judges are upon mature and great deliberation and search and view of many ancient Presidents did solemnly Adjudge and Declare the Law to be That the Letters Patents were good and that the Plaintiff had taken a proper Remedy and ought to be Paid his Annuity and the Arrears thereof III. That all the Judges called to the Lord Chancellors Assistance except the Lord Chief Justice of the Common Pleas upon several Days solemn Arguments and Debate gave their opinions for the Plaintiff in affirmance of the Judgment in the Exchequer and that the said Letters Patents were good and ought to be complied with in Paying the said Annuity and that the Plaintiff had taken a proper Remedy to Recover the same IV. Even the opinion of the Lord Chief Justice of the Common Pleas was as is humbly conceived that the Grant and Letters Patents were good and Conveyed a Legal Right and Title to the Patentee yet that this Right was without a Remedy for that the Court of Exchequer had no Power over the King's Money when it was brought into the Receipt their Power being over it as was Alledged in Transitu before Paid in and only to enforce the Payment thereof when as a Right and Title without a Remedy and no other Legal Remedy was pretended to be pointed out to the Plaintiff seems contrary to all Laws and to the Rules of Justice and Reason And indeed it would be a hard thing to say that the Court of Exchequer can Relieve the King against the Subject and not Help and Relieve the Subject when he produces a Legal Title against the King This hath not been the Practice of that Court for near the last 200 Years V. The Objections so much insisted upon That the Lord Treasurer is Superior to the Barons and therefore not to be commanded by them to Pay Moneys And that in case the Barons can dispose of the King's Money it may weaken and prevent the Publick Security when the Necessities of the State require it to be otherwise Imployed are thus Answered That although the Lord Treasurer is a greater Person yet he and all the Subjects are inferior to the King's Courts That the Barons send this Command as they are a Court of Justice and in the name of the King himself so that it is the King by His Writs and not the Barons that Command the Lord Treasurer in this Case The Barons have no Power to dispose of the King's Money but where they have a Warrant under the Great or Privy Seal as in this case by the Grant and Letters Patents they have for the doing thereof so that the Court of Exchequer in this case only takes care that the King's Grant and Letters Patents be made effectual and that the Officers of the Crown do their Duties for that purpose as by the said Letters Patents they are enjoyned to do VI. This Cause in consequence must affect all Persons Claiming under the Crown or having any Talleys or Orders upon or Payments out of the Exchequer for all those will be made much better or worse by the Judgment of the Lords in this Case Wherefore the Plaintiff humbly Prays That the Judgment of the Reversal may be Reversed and that the Judgment of the Court of Exchequer may be Affirmed Samuel Dodd Letters Parents