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	writ_n	2,874	5	9.1804	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A78571	Chaos: or, A discourse wherein is presented to the view of the magistrate, and all others who shall peruse the same, a frame of government by way of a republique, wherein is little or no danger of miscarriage, if prudently attempted, and thoroughly prosecuted by authority. Wherein is no difficulty in the practice, nor obscurity in the method; but all things plain and easie to the meanest capacity. Here's no hard or strange names, nor unknown titles (to amaze the hearers) used, and yet here's a full and absolute power derivative insensibly from the whole, and yet practically conveyed to the best men: wherein if any shall endeavour a breach, he shall break himself: and it must be so, that cats shall provide supper, here they shall do it suitable to the best palats, and easie to digest. By a well-willer to the publique weale.	Well-willer to the publique weale.	1659 (1659)	Wing C1938; Thomason E989_27; ESTC R208259	43,827	64

alteration Insurrection or Rebellion but shall presently be discovered and thereby his Estate if not his person shall respond for the offence With many other conveniencies not particularized much tending to the Publique Weale For the doing of all which little trouble extraordinary nor any considerable charge can be to any particular party or Interest in the Nation neither can the same be valuable in respect of the settlement thereby to be obtained out of which yet there will arise a considerable Revenue to the Republique and the extraordinary expences of Travels and Lawyers Fees shall be taken off whereby the Country is at present much damnified for the benefit only of a few and those of no considerable interest in the Nation seldom at any time helpful bur frequently both to Prince and People bur then some who shall notwithstanding be hereafter better provided for then now they are and at an easier charge to the Country by far Whereby several shall be encouraged to enable themselves to be fitted therefore The Third Days Work The third brings unknown births to life By giving Laws for ending strife Let Registers their work attend Whilst we endeavour Laws to mend 1. Law ALL former precedent Customs notwithstanding let one Law be through the whole Nation whereby the Publique Interest may be best supported and each private moderately provided for and that one Prodigal Riotous person may not consume the Patrimony of a whole Family neither any one lord it over his brethern who not being educated in provident ways many times to supply themselves according to their Chimerical Gentilities consisting of nothing but Idlness turn Hectors Highway-men Trapanners and what not to support themselves in that looseness they have been by their improvident Parents or Ancestors trained up in but that each may be in some measure participant of his Ancestors industry let all Estates not exceeding 100 li. per annum where a personal Estate shall not be left answerable thereto be distributed amongst the children as follows that is to say to each son two parts or twice as much as shall be to any daughter and to each daughter 1 3 or half as much as shall be to any son only the eldest son or he whom the father shall think most worthy when such division sh●ll be made to have the first choice and the youngest the second and so likewise the daughters 2. Settlement of Estates But where the Estate personal shall equalize the Inheritance of 100 li. per annum there the eldest son or the most worthy in the fathers apprehension shall have the 100 li. Inheritance and the rest be divided as aforesaid and so of all greater Estates not more then one half descending to the eldest only if there shall be but two sons and no daughter there the elder to have two parts and the younger a third if two sons and one daughter the eldest son to have half the other half to be two parts to the son and a third to the daughter if two sons and two daughters half to the eldest and the remaining half to be half thereof to the younger son and the other remaining half between the two daughters equally to be divided These divisions to be where at least 200 li. per annum or 100 li. per annum and 2000 li. in money or personal Estate shall be left by the Ancestor The like proportion to be still held in all greater Estates The wives Estate to be as now either a third during life only or such proportion as shall be agreed upon before Marriage which agreement entered in the proper Registry shall be valid and good to all ends and purposes 3. In all Cases of descent Wives Joyntures the elder to be preferred before the younger and the son before the daughter the next Uncle or Cozen by the whole bloud before any other by the half bloud according to the descents now in use 4. Copie-hold made Freehold All Copyhold Estates to be made free by reasonable Compositions with the Lords as where Fines are certain payable upon every change there the value of two Fines and an half to redeem the servitude and where Compositions have not been formerly made according to the same proportion considering the Lords Interest equivalent to what it is and likewise all Reliefs and Hariots to be compounded for and for ever after to cease 5. All Lords of Mannors keeping constant Courts Baron and Courts Leet or either of them shall discontinue the same and shall have the value of the profits of their Courts responded out of the immediate profits of the Registry within whose limits the same Mannor shall wholly lie and be comprehended according as shall have been made thereof for ten years last past and all Hundred-Courts to cease and be for ever hereafter discontinued All antient services to any Lords of Mannors to cease Service to be compounded for but the Rents to continue and upon Entries thereof in the respective Registries to be ascertained and secured by the Law of the Registry only and all other Laws and by-Laws for recovery thereof to cease and be of no use for ever hereafter but where any services are valuable in money the value thereof at ten years purchase to be paid for Composition all Compositions to be entred in the respective Registries whereon the same are dependant or within whose respective limits the same lie In all Cases the Testimony of any Register under Seal of the Registry to be preferred before any other the same being taken and certified according to the rules aforesaid 6. Married women enabled to dispose It shall be lawful for any married woman of what degree rank or quality soever who shall have any Estate of Inheritance in her own disposal by acknowledging her consent thereto before the Register under whose immediate Cognizance the Estate shall lie or before the Parochial Register where she shall live he being thereto by the proper Register authorized and to whom the same shall be again certified and proceeded in as in other Cases to give grant and at her will dispose of all or any such Bstate which shall be good in Law to all intents and purposes 7. All Wills shall be proved Probate of Wills and administration granted by the Registerial Court within whose jurisdiction the party deceased lived at the time of death and by the Register of the same Court certified under Seal which shall be entred with the several and respective Registers with whom any Estate granted by such disposal shall lie within one month after the burial of all every or any person or persons whatsoever and in no case to be deferred past the fourth Court-day and then confirmation thereof to pass under the Seal of the Registry where the same shall be done in this Case the value to be considered as in other Cases relating to the jurisdiction of Courts 8. Appeal before judgement No Appeal shall in any case be brought

before Judgment given but after Judgement either party that is wronged may bring a Writ of Appeal from the next superintendent Court and Execution shall be stayed till the matter thereof shall be heard in the same Court to which the Appeal shall be made which shall be the third Court-day after return of the first Writ which shall be executed by summons of some Court-Officer in person at least fourteen days before the day of appearance where the business shall be determined without any further Appeal by either party and execution shall be awarded upon the Decree or Order of that Court not to be Repealed This Case of Appeal not to extend to any contemner of Summons as aforesaid 9. Sheriffs In every County or Province a Sheriff shall be annually elected by Parliament who shall within one month after his appointment substitute in each Sub-province in his County or Province a Deputy which shall be approved by the next Provincial Registerial Court in which the Sheriffs election shall be subordinate to the Court and no one person to continue in that place more then one year the old Officers for the precedent year to officiate till the new ones for the next year shall be approved on and thereto Authorized by the Provincial Registry 10. Constable In each Parochial Registry shall be likewise every year elected an Officer by the name of Constable who shall have chief care of preserving the Peace and shall have the execution of all Writs issued from the Parochial Register other then such Summons as are elsewhere directed to be done by the Atturneys For choice of this Officer shall be presented three names by the precedent Constable to the Sub-provincial Registry who shall chuse and Authorize one of them Constable for the next year 11. Manner of Elections That no person shall be elected to the same Office either of Sheriff Sheriffs Deputy or Constable for the same liberty before seven years shall be elapsed after his serving thereof before he shall be new elected but that several persons be imployed therein from time to time and that no persons shall be elected to serve any such Office who shall not have Estate responsible to the Publique for what shall be intrusted with them 12. Collections That all Collections which shall be from time to time made and imposed on the Country shall be collected by the Constables and by them entred in their respective Parochial Registries and then paid to the Sheriffs Sub-provincial Deputy and by him and every of them entred in their respective Registries and then paid to the Sheriff and by the several Sheriffs to the Treasury of the Revenue to be appointed by Parliament for receipt thereof 13. Justices of Peace That one or more persons of quality in every Sub-province be and execute the place of Justices of the Peace and keep general Quarter-Sessions as is accustomed and also private monthly Sessions as often as need shall require and at each general Quarter-Sessions the Sheriff or under-Sheriff for that Province shall be present and also the several Constables or their sufficient deputies for the several Parishes and also one or more of the Church-wardens for every Parish to present what shall be amiss within their several and respective Liberties which shall not be taken care of or duely executed by the respective Registerial Courts and the said Justices shall have power to convent before them all Offenders and also all Registers Clerks Assistants or Deputies Atturneys and other inferiour Officers within the same Riding or Liberty for which the Sessions shall be kept and all other Misdemeanors and breaches of the Peace whatsoever and punish the Offenders and regulate the same as well as any superiour Court shall have power to do Each Constable shall annually elect under him a substitute in each Village Hamlet and Township within the Parish who shall be approved of and authorized by the Parochial Registerial Court whereby they shall be sworn truly to execute all Summons and other precepts to them sent and to endeavour to preserve the Peace and keep good Order and if any shall refuse so to do within their limits to return their names and offences to the Constable who shall for his year use the power of a Magistrate for punishment of all Offenders contrary to Law 14. Church-wardens Each Parish shall yearly elect so many Church-wardens as have been accustomed who shall be sworn by the Registerial Court to take care for the repairing beautifying of the Church Church-yard wall Gates and Stiles and to provide for convenient and decent furniture for the Church viz. for Books Cushions for the Pulpit Carpet for the Table Chalices or Cups for the Communion Candlesticks and Candles for celebration of Prayers Evening and Morning in Winter Bells Belstrings and Clock with the Appurtenances and shall see that all seats be conveniently placed and controul all irregularities in the Church they shall also take care for amendment of all Highways in their Parish and for providing for such poor as shall not be able to help themselves for there shall be no beggers permitted but if any so do they shall be sent by the next Officer to the Constable and by him sent to the common Work-house unless security be given to offend no more For doing of all which they shall impose such Assesments as shall be convenient to be collected and disbursed to and for several uses by the Constable who at his going out of Office shall accompt before the Registerial Court for all receipts and payments and shall within six days pay all Moneys remaining in his hands to the succeeding Constable for the next year which if he shall refuse distress or seizure of his Estate real or personal shall be made by the succeeding Constable by Warrant under the Registers Seal and if any Constable shall disburse more for any the uses aforesaid then he shall collect he shall upon clearing his accompts and allowance thereof by the Registerial Court and entry thereof with the Register be re-imbursed the same by the next Constable within one month which shall be allowed in his Accompts And if any succeeding Constable shall refuse to make payment of any such disbursements to the preceding Constable the same being allowed and entred in the Registry an Action of Debt shall lie to be recovered by way of distress by the Sheriffs deputy in the Sub-province and no allowance shall be made in his accompts of any charges expended therein All Assesments to be imposed by the Church-wardens aforesaid shall be entred in the Registry and by the Registers ordered to be collected signifying for what use or uses the same are imposed and not otherways 15. Actions of Trespass and Slander All Actions of Trespass and Slander shall be heard in the Parochial Court first where the same shall be committed and if the same shall be of greater concernment then the Court hath Cognizance be

transmitted to the next superior Judicature but if it shall not be of greater value in the estimation of the Court then the Court hath power to judge of judgement shall be therein given and execution done thereupon as in other cases 16. In all cases where Murther Murther Manslaughter and Rape Man-slaughter or Rape shall be committed the offenders shall be examined before the Parochial Magistrate where the parties shall be apprehended or the fault committed so many as shall be found guilty shall be sent by the Constable to the Sheriffs Deputy and by him to the Provincial Goal there to be kept in work as shall be directed till their legal delivery thence in none of these cases Bail shall be admitted but to be tryed by Juries as hath been accustomed and to suffer death if found guilty without benefit of pardon or Reprieve 17. In all manner of ●heft Robbery Theft Robbery Cousenage and Fraud Cousenage and Fraud the Offenders shall be examined before the Parochial Magistrates and if found guilty threefold restitution shall be made to be disposed one part to satisfie the party wronged one part to the common stock of the Town and one other part to the Constable for reparation of High-ways which if the party refuse and no distress shall be found to satisfie the Law the body of the offender shall be committed to the custody of the Master of the Work-house or else sent to the place from whence they came if aliens with Certificate of their offence and there to be imployed and to have two parts only of their gets allowed for their maintenance and a third to be to the use of the common stock The detainer or sending away to be at the election of the Parochial Magistracy where such offender or offenders shall be apprehended and tryed as aforesaid 18. Defamation All false accusations on purpose to defame any person shall be heavily punished by the immediate Magistracy where the offence shall be committed and in this case no Appeal to lie or be admitted and where the offence shall deserve greater punishment then the Parochial Magistrate may inflict who may not exceed 10 li. in any case the same shall be certified to the Sub-provincial Magistrate and if it require thence to the Provincial but not further All ambiguous cases shall be transmitted with the evidences to the next superior Magistracy and so on to the Parliament if no inferiour Court shall be free to give judgement therein 19. Fighting quarrelling and breaking the Peace All fighting quarrelling and breaking of the Peace shall be examined and punished by the Parochial Magistracy where the same shall be committed and satisfaction made to the party wronged without delay whereto the offenders shall be compelled according to the order of the Court and for all bruisings and beatings satisfaction shall be made as the Laws in being direct If any Master or Mistress shall immoderately correct any child or servant Masters and servants the Court Parochial shall punish the offender 20. If any child or servant shall refuse to do their duties or shall strike or quarrel with their Parents Masters or Mistresses the Court shall heavily punish such offences and if any Apprentices shall so do they shall serve a double term and any other servant a double year for the same wages No son or daughter vilifying or slighting their Parents or either of them shall be capable of inheriting any thing from either father or mother after their respective deaths 21. Let so many Registerial Courts be erected as there are Registries viz. to every Registry it's Court with Officers Fees and Rules to walk by for the ease and profit of each particular interest 22. National Judges Let twelve Judges learned in the Laws be appointed by Parliament to attend the National Registerial Court to which let all great causes be reduced any three whereof with the Register or one Assistant shall have power to hear and determine all matters of controversie and let the three Bars in Westminster-Hall be the places of Judicature and the several rooms adjacent Offices for the Registers viz. each two Circuits their proper Court for trial of all grand Causes arising within their limits and in other mixt cases where one party shall live in one Courts jurisdiction and one in another there the Cause to be heard in the third Court where neither parties interest is more concerned then the other 23. Let only two Vacations be in the whole year viz. Vacations one from the first of December to the tenth of February the other from the last day of May till the first day of September yearly in which Summer-Vacations the Judges to ride the several Circuits as now to visit the several Registries calling before them all the Registers of every Province and hearing all complaints against any Register Clerk Atturney or other Officer and punishing all offenders and also for determining all grand and difficult Causes and Causes of Appeals where any such shall be depending 24. Terms and proceedings Let all the rest of the year be two continued Terms wherein the Judges shall sit as often as cause shall require the first day of every Term being a Return-day and the third day day of Appearance before which third day the Plaintiff in every Action shall enter his Declaration with the Register whereto the Defendant shall plead within ten days and enter his Plea with the same Clerk whereupon order shall be given for examining Witnesses and depositions sent into the several Countries to the respective Parochial Registers within whose limits the several Witnesses shall live whose Examination shall be taken and returned within one month after the Pleading aforesaid and entry made thereof also with the same Registerial Clerk by whom the first Summons was awarded with whom all the entries in the same Cause shall be made The fourth day after return of the examinations aforesaid the Cause shall be heard if it be not the Lords day if so Judgement the day next following and Judgment shall be given and entred the same day with the same Clerk and the sixth day after Judgement Execution shall be awarded not to recalled unless the parties agree in the mean time and enter their Agreement with the same Clerk In case of any Witnesses absence on the Defendants behalf upon warrantable occasions made appear upon oath to any Parochial Register by whom the Witness or Witnesses were to be examined a second day to be given upon the Defendants payment of costs for examination not to defer the hearing above one month longer then it was to have been 25. Provincial Judges Let two Judges be appointed by Parliament to attend every Provincial Registerial Court that one Judge with the Register and one Clerk assistant at least shall be present when all matters shall be heard and in all difficult matters one Judge at least shall be called out of the next Province who shall

and in all cases where Witnesses live in the same Parish or Town they shall be examined viva voce in open Court if able to appear there if not the Register his Clerk Assistant or Deputy shall attend them and take their examinations at least two days before the day of return 35. Execution of Summons Execution of all Summons in the Sub-provincial and Parochial Courts for appearance at their own Courts shall be by the Sheriffs substitute and the Constable for their respective Liberties to whom the same shall be directed or by their respective deputies inhabiting in the same Villages or Hamlets where the partie to be summoned lives whereof return shall be made the next Court-day upon the oath of the party imployed and one Witness more inhabiting within the same Village for in all cases upon the oaths of two Witnesses shall every truth be established to which end care shall be taken that persons of quality be taken for witnesses who in case false testimony shall be proved to be given by them shall make satisfaction to the party by such false testimony wronged according to the Judgement of the Court in that behalf 36. Execution of Judgements and Decrees Execution of all Judgements Decrees and Orders of the National Provincial and Sub-provincial Courts shall be done by the Sheriff his deputy or substitute within six days after his receipt thereof and within six days more return shall be made thereof to the respective Register who sent the same 37. Of Parochial Judgements Execution of all Parochial Judgements Decrees and Orders shall be done by the Constable for the time being or his substitute living within the same Village or Hamlet where execution is to be done for which the Constable shall be responsible The Fourth Days Work A Parliament well chosen Parliament ties The hands of all exormities It best provides in publick case So here it comes the next in place 1. LEt annually a Parliament be elected and each person whose whole Estate shall be entred in the Registry as aforesaid to be capable of electing or being elected but none others The Electors to have Estates of 5 li. per annum or 100 li. in money or upwards Entred and certified as aforesaid 2. Parochial elections Each first Court-day to be held in every Parochial Registry in January yearly all the Inhabitants Electors shall each personally present his Paper sealed up to the Register wherein shall be written the names of two such persons only of that Parish as he shall think most worthy to be Representees at the publique election without subscription of his own name all which Papers shall be put into a Box or Chest with a hole in the top locked or sealed with three several Locks or Seals one Key or Seal whereof shall be kept by the Constable one by the Minister and a third by the Church-wardens of the same Parish or some of them and when all such Papers shall be received and put therein as aforesaid the Box to be opened and the Papers also in presence and open view of the Court and five persons who shall have most nominations in the Papers aforesaid shall be the Representees of that Parish in all publique elections and transactions for that year 3. Sub-provincial elections The several Repesentees of the several Parishes within each Sub-province shall meet at the next Sub-provincial Court for that Hundred and shall there give their Papers sealed to the Box to be kept under the seals several of the Register the Sheriffs deputy and the next Justice of Peace for the time being with each two names written therein and when all the Papers shall be received the Box and Papers shall be opened and examined in open Court and those two persons within that Sub-province who shall have most names or be oftenest named in the Papers shall be the Representees of that Sub-province for that year 4. Provincial elections The several Sub provincial Representees shall the next Court-day to be held for that Province meet at the Provincial Court and there each shall give his Paper sealed up with two names only writ therein to the like Box there to be kept by the Register the Sheriff the Major of the Corporation where the Office shall be kept and two Justices of the Peace under their several locks or seals till all the papers shall be received thereinto and when all the Papers shall be received the Box and Papers shall be opened and four chosen who have most voices for the Representees for that Province for that year And for York six viz. each Riding two 5. Persons elected to be Resiants in the Country for which they are to be elected It is to be observed that in each County or Province twice so many Representees shall be elected as are Clerks assistant to the Provincial Register in that County and so in the Province of York six Representees shall be chosen viz. for each Riding one who shall be Residents within the same Riding and so in the respective Provinces where four are only to be they shall be for each Clerk assistants jurisdiction two who shall be resident within the same and no person shall serve for any other place then where his constant residence shall be Neitheir shall any person be elected who shall be solicited for either by Letter Message or otherways from any Gentlemen Governours or Commanders of what rank quality or condition soever but that upon appearance thereof to the Court all such shall be rejected as unworthy and not to be admitted of two years to be elected To the end all elections may be free Neither shall any person or persons by whom any Letters shall be sent or invitations made on any others behalf be elected for three years after whereby colour shall be prevented 6. Corporations elections Each Corporation who shall be at the charge may after the same manner chuve particular Representees or may involve themselves into the Sub-provincial elections and there share with their Neighbours for each Representee shall have quarterly paid him during his time of service for the Publique twenty Marks for none shall serve the Publique at his own charges nor none shall have so much allowance as meerly for salary to invite him to the work 7. Number of Presentatives For each County shall be chosen four and for York six as aforesaid which shall be the Representees for the whole County or Province for which they shall be chosen that is to say for each respective Jurisdiction two and each Sub-province shall elect two likewise who shall serve by turns that is to say one the one half the year and the other the other half he that hath the pre-eminence in election to procede in service and where equal numbers shall be electors the decision to be by lot 9. None to be elected who shall have any suits in Law depending NO person who hath any Suit or Cause