Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	court_n	reverse_v	2,041	5	12.2818	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91877	Certain considerations in order to a more speedy, cheap, and equall distribution of justice throughout the nation. Most humbly presented to the High Court of Parliament of the most hopeful common-wealth of England. By Henry Robinson.	Robinson, Henry, 1605?-1664?	1650 (1650)	Wing R1668; Thomason E616_2; ESTC R21129	11,283	19

may the Plaintiff reply within the term prescribed and the Defendant rejoyn In case Witnesses be to be examined such time is to be allowed and no more then is necessary for the effecting it as also for producing Evidences from parts farther distant And all Witnesses may be examined whether upon Intergatories or otherwise by the Judg or his Clerk of the place where the said Witnesses reside to be transmitted unto the Court where the cause depends Which being done or such term as the Judg had assigned for such purpose expired without effect through negligence of the parties concerned therein after a day two or three wherein the Judg is to peruse the Processe and whole proceedings it is in the liberty of either party to notifie the other to appeare the second or third day according to the distance of the place and the Judges leysure at a convenient houre for arguing the whole businesse in contradictory before the Judg And if neither party desire it the Judg if hee be not fully informed may notifie them Ex officio or either of them singly for the same purpose to be fully satisfied in whatsoever he shall desire and for that end may likewise deliver his doubts or seruples in writing to either or both parties and require answer accordingly to be afterwards inserted with the rest of the proceedings in Court to remain upon Record And if any thing Materiall be alleadged and proved by this contradictory debate which did not before appear the Judg is to Order it to be put in Writing and Entred with the other proceedings notifying the parties thereof And in case one party refuse to appear before the Judg for thus arguing of the businesse in contradictory he is not afterwards to be admitted to produce any new evidence or proof but upon request of either of the parties in Writing which is to be notified to the other as aforesaid the Judg is to proceed and give judgment both for Principall Dammages and Charges according to what appears to be alleadged and proved and sudden execution to be granted at that very Instant against body and goods unlesse the party condemned being present or any body in his name sufficiently authorized thereunto appeal from such Judgment of the Division Court unto the Judges of the Shire-Town which it shall be lawful for him to do within 8. dayes next following and there to prosecute the same in manner hereafter specified And if the party condemned appeal before execution be granted then must he in whose favour the Judgment was desiring execution first put in sufficient security to stand to such farther judgment as the Court to which the appeal is made shall think good to passe to be entred with the rest of the proceedings otherwise not The Appeallant therefore is to Enter his appeal in writing to be kept with the other proceedings where the Judgment was given and that Judg or his Clerk is forth-with to give him a Copy thereof under his hand as also of the whole proceedings or of so much as is desired so soon as it can conveniently be made which the Appeallant is to transmit unto the Court of the Shire-Town where it is to be admitted upon the Appeallants putting in sufficient security unto the Court of the Shire-Town that he will effectually prosecute the said Appeal within eight dayes following and be lyable to such Charges penalty and otherwise as that Court shall condemn him in in case hee be found to have appealed unduely And it shal be likewise lawful for both parties to appeal from one and the same Judgment in such part thereof as they apprehend themselves agrieved and prosecute the same in such manner as aforesaid and the shire-Shire-Court in such case obliged to observe the same Orders concerning Fines and Charges as aforesaid This being done and the appeal admitted notification thereof is to be made unto the party in whose favour the Judgment was graunted in the hundred-Hundred-Court who is to answer to this appeal in the shire-Shire-Court and the whole proceedings and Processe to be framed as aforesaid in the hundred-Hundred-Court And if nothing more Materiall be alleadged and proved than what was before in the Hundred Court If the Judg of the Shire Court shall see good to confirm the said Judgment of the Hundred Court hee is likewise obliged to condemn the Appeallant in all manner of Charges and one sixth part more then the businesse in controversie amounted to by way of penalty to the use of him that had both Judgments in favour and execution forthwith to be had accordingly But if no new matter being alleadged and proved the Judg of the Shire Court shall see cause to reverse the Judgment of the Hundred Court in the whole or in part the Defendant in the Shire Court is not to be condemned in Charges disbursed since the Appeal to the said Court but the Judg of the Hundred Court for his unjust or erroneous Judgment is to be fined so much as the Charges of both parties in the Shire Court amounted to and so much more as the full Dammages of the Appeallant will any ways amount to with speedy execution as abovesaid And in case new matter be alleadged and proved for which cause the Judgment happens to be altered in part or in the whole than the Defendant is not to be condemned in Charges nor the Hundred Judge in any Fine so far as the new matter alleadged and proved was cause thereof And if the Judg or Judges of the Shire Court shall pass unjust or erroneous judgment such judgment shall notwithstanding be valid ultimate and binding in respect to the parties litigant and have sudden execution both against body and goods of the party condemned without putting in security as was before required And if either or both parties find themselves agrieved it shall be lawful for them or either of them to addres themselves unto the Parliament against such Judg or Judges of the Shire Court who hereby are made accomptable and lyable to be condemned in all manner of Dammages cost and charges such party or parties complaining against them shall have suffered through their unjust erroneous Judgment be put by their Office and suffer such other punishment as the Justice and wisdome of the Parliament think good to inflict upon them But if any person shall be found to have without cause Appealed from the Shire Court and unjustly to have accused the Judg or Judges thereof in Parliament then shall the said Judg or Judges be absolved And such person be lyable to be condemned by the Parliament in the same penalties which he required by way of demand to be inflicted on the said Judg or Judges and sudden execution to be granted to the use and benefit of the said Judg or Judges only together with their full Charges to be rated by authority of Parliament and all other Charges to be likewise rated by the respective Courts where Judgment was given for payment of them The

Judg or Judges of the Division or Shire Court are obliged hereby if either of the parties desire it to draw out the motives in brief which swayed them in giving such judgment to remaine upon Record together with the Processe and so soone as any suit is fully ended whether in the Hundred or Shire Court all papers and proceedings are to be made up by themselves and bound together with others orderly according to the date of the Judgment in as great a Volume as is well manageable with an Alphabet at the end thereof specifying the names both of the Plaintiffs and Defendants And in case the Judg or Judges of the Hundred or Shire Courts should dye whilst any unjust or erroneous Judgment rested depending upon appeale then the respective Heirs Executors or administrators of the said Judg or Judges shall become lyable unto all Penalties Fines which happen to be inflicted by reason of such unjust erroneous judgment whether by the Shire Court or Parliament Provided such Appeals were made to the Shire Court within the eight dayes afore specified and unto the Parliament then sitting if there were any or else unto the next Parliament ensuing such unjust and erroneous judgment And concerning all suits which shall be primarily Commenced in the Shire Court and brought thither by Appeal they are totally to be managed in all other respects and circumstances as was before prescribed concerning such causes as were commenced prosecuted and determined in the Hundred Courts And it is expresly hereby Enacted that no Judg or Judges Clerk shall take any other then the fees hereby allowed nor other moneyes or any manner of thing money-worth from any person whomsoever And that no person shall give or so much as offer to any Judg or Clerk greater fees then are hereby allowed nor money nor any thing money-worth upon penalty both to taker and giver of being condemned in twenty times the value unto the discoverer by the next Hundred Court or any other within the said Shire where the fact was done and before which the party shall be accused besides the forfeiture of Place or Office unto the Judg and Clerk so offending and the Giver or Taker not only to escape unpunished for the first time upon discovery of the other but also to enjoy the benefit as Discoverer And the said Judg or Judges and their Clerk shall take no other fees than these that follow viz. Whereby in one word is meant no other or larger fees than barely after the rate of so much a sheet as other men will be contented with to copy out in a fair hand-writing such Bills and Answers as Plaintiff Defendant or any other person shall desire copies of the said Judges or their Clerks being to receive such Salaries out of the Publique Treasury as may prove a large and full maintenance for themselves and Families FVRTHER CONSIDERATIONS COnsider who shall choose the Judges whether the Representative and the Councell of State in the Intervalls or the People of each Division May it not be best that the People choose them not lest they make choise of such as may be swayed with alliance of one kind or other and whether a Judg that were the greatest stranger to them might not prove best and such Judges moveable from one place to another every third or fifth yeare to prevent all engagements of alliance or acquaintance If the Representative or Councell of State in the Intervals choose whether is it best to have them fixed quam diu se bene gesserint or moveable of course every 3. or 5. yeare from one Division or Shire Court unto another to prevent the gaining of alliance to oversway them But if they should be quite cashiered at three or 5. years end or upon any other cause than misbehaviour of some kind or other they would then be disappointed of a livelihood and though they deserved never so well be more unhappy than men of any other Calling It being requisite that the Judges in their respective Residencies with the under Officers should attend the duties on every weeke day and all day long at seasonable hours It is necessary for them to have a competent and full maintenance allowed them to prevent all manner of Distractions and Temptations Querie Whether the Shire Court if found erroneous ought not to be repealed If no it may induce the party upon a weighty tryall to corrupt the Judg the rather And yet if the Judg impeach him for giving bribes he is likewise fineable more than the Judgment imported and the sooner a definitive Judgment may be had upon good grounds the better FINIS

heartily sorry for it 7. The keeping the Jury without fire light bread or drinke as the Law requires may possibly make the major part of them if not all agree upon a verdict contrary to their consciences to be freed from any of these exigencies at least some of them to strike up with the rest in a joynt verdict since it is well neer impossible for 12. men all circumstances considered much more in a doubtfull case to be of one opinion and though the case were never so cleare yet one peremptory man of a strong constitution whether his judgement be right or wrong may sterve all the rest unlesse they will give verdict as he will have them Wherfeore in regard it is thus troublesom and chargeable for all people throughout the Land to come up to Westminst for determining of Law-suits because a Jury of 12. understanding and upright men are not readily to be had at all times in every Hundred or such like Division for the speedy deciding of such Differences as may arise It is humbly propounded that the Commons assembled in Parliament out of the great desire they have as much as in them lyes to make this Nation happy by endeavouring so farr as is possible that the people of all ranks may live in love and friendship one towards another for all such differences as shall happen to arise they may either be composed in a friendly Christian manner with mutuall approbation of the parties or else speedily and frugally determined according to evidence produced in manner following viz. The Perticulars of what is humbly propounded to be established by Act of Parliament THat in every City Corporation and such other divisions of each County throughout the Land as the Parliament shall appoint there shall reside one or more persons with the title of Judg or Judges of such City Corporation or Division to whom in consideration of a yearly salary to be allowed them it shall appertain to hear determin all matters of Controversie whether Civil or Criminal which shal be brought before them concerning the publique or any person within their City Corporation or Division as followeth viz. Whatsoever Person hath any difference with another shall only be at liberty to sue such person before the Judg or Judges of such City Corporation or Division where the person to be sued is found present when the suite is first commenced or doth usually abide And if the person to be sued hath severall habitations then in such City Corporation or Division as hee was known then or lately to reside in before the suit was commenced or in any other place where hee is notified in person at the first Commencement thereof as aforesaid to which end Such person as hath a Controversie shall repair unto the respective Judg or Judges of the place or to his or their Clerk and acquaint him or them by whom and in what manner the publick or he himselfe is injured Whereupon the said Judg is to require both parties to appear before him if they be willing and use all possible meanes by himselfe the Minister of the Parish or such discreet men as he thinks good for composing of the difference if it be meerely Civil by Joynt consent before it be farther proceeded in In case the parties cannot be agreed if the matter in Controversie exceed not 50. s. and the parties have their evidences in readinesse then may the Judge determine it at the very first hearing and making a briefe record of the whole proceeding Ad perpetuam rei memoriam grant sudden execution But if it passe the value of 50. s. the party grieved may take the priviledge of putting in his bill or Demaund fairly written in Court unto the Judge or Judges or his or their Clerk which ever after is to remain by him or them as in Court upon Record And the Plaintiffe having first caused an Entry of the said Bill to be made upon the said Bill together with the date of the said Entry by the Judge or Clerk he is than forthwith to take out a Ticket of Notification under the said Judge or Clerk's hand and cause it to be sent by an Officer for that purpose unto the person so sued whereby he may have notice of such a Bill put in against him and have two or three dayes time to put in his answer according to the distance of the place where he resides and the Messenger returning is to make report unto the said Judg or his Clerk that he delivered such a Ticket unto the Party sued in person or left it with some person of about the age of twenty as might rationally be presumed by his or her aspect at the house of his usuall habitation specifying the place where and time when the particulars whereof the said Judge or Clerk is likewise to make Entry of upon the said Bill with the Messengers name And the Judge or his Clerk is obliged to give a Copy of any Bill Answer or whatsoever else is entered upon Record in any suite in the said Court under his hand unto either of the parties or to any other desiring them for such fees as are hereafter specified If the Party so sued and notified appear not or if appearing puts not in his Answer if the Plaintiffe desire it another notification is to be sent him as before to appear and hear judgment given within three dayes and the said notification and all others to be entred as aforesaid Then if the party sued appeare not upon this latter notification within the terme limited Judgment for Principall Charges and Dammages is to be given according to the Plaintiffs demand with expresse mention of the contumacy of the party sued and reserving unto the said party sued his right what ever it be to be made appeare in that Court or any other when and where the Lawes of the Land shall give him leave And if the Plaintiffe desires execution is forth-with to be granted both against person and goods upon the Plaintiffes putting in sufficient security unto the Court to be accountable in case of undue Imprisonment or for the whole value thereof or so much as the person sued and condemned in through contumacy shall within three moneths next ensuing make appeare to be unduely recovered together with Dammages and Charges And the said execution may be served by the person himselfe in whose favour it was graunted or by whomsoever else he shall employ provided that both one and other be persons of integrity besides the Officers for that purpose who are to be assisted if need be by the Magistrates of the place that no opposition be made to impede or delay the Course of Justice But if the party sued appears and puts in his answer he is likewise to cause the Judge or his Clerk to make Entry thereof upon the said Answer and that a notification thereof be sent to the Plaintiffe which with the report thereof is to be Entred as aforesaid Then