Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	find_v	plaintiff_n	2,313	5	10.2446	5	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14970	The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2	West, William, fl. 1568-1594.	1601 (1601)	STC 25278; ESTC S119713	604,936	622

them by the Law or Magistrate of which they be onely executors For which cause Tully saieth well Aliud est iudicium aliud arbitrium nam iudicium est pecuniae certae arbitrium incertae ad iudiciuÌ„ hoc modo venimus vt totam litem aut obtineamus aut a mittamus At arbitrium hoc modo adimus vt neque nihil neque tantum quantum postulamus consequamur whence springeth this old saying he that putteth his coate to daying is like to loose a quarter The choyse of Arbitrators SEing then the power of arbitrators is such and so great and vncontrolable Sect. 22. warinesse must be vsed in the choise of them In which two things seeme necessarie to be regarded namely that the arbitrators be sufficient and indifferent Sufficiency of Arbitrators considered TOuching their sufficiency such persons are to be elected as haue Sect. 23. sufficient skill of the matter coÌ„promitted haue neither legal nor natural impedimeÌ„ts to giue an vpright sentence Natural impedimeÌ„ts be through defect of mind or body naturall impediments through defect of mind be infancie for infants by reason of their tendernes of yeares want discretion to manage themselues their owne affaires madnes and Ideocy for they who are maymed with these blemishes are vtterly void of vnderstanding And although I haue red some examples of sage sentences giuen by fooles yet dare I not aduise my friends to expect alwaies the like at their hands As this A fooles Arbitrement THat an huÌ„gry begger espying daintie cheere in a cookes shop hasted Sect. 24. thither beyng set downe did eate a small peece of his owne bread and incontinently receiued such wonderful comfort by the sweet smell of the cookes cates and sauces whereof he tasted no bitt that he confessed that his eager stomacke was aswell satisfied therewith and had as good a repast as if he had indeed stuffed his paunch with the best cheere there which the cooke hearing straight waies with a sterne countenance bids the poore caytife pay for his breakfast whereat the simple guest was mightely amazed and the craftie cooke somuch the more earnest insomuch that this poore man the cooke were content therein to abide the award of him that should next passe by no sooner was the submission made but thither cometh a most notorious naturall foole to whom as their iudge they rehearsed the matter which beyng heard the Ideot caused the poore man to put so much money betweene two â—asons as the couetouse cooke exacted and to shake them in the cookes hearing which done this arbitrator awarded that as the cooke had fedd the poore man with the onely smell of his cates so the poore man should pay him therefore with the onely sound of his coine which sentence was highly approued of all the hearers A simple magistrates Arbitrement NOt much vnlike to this is that which is reported of a couetous Sect. 25. churle who sorrowed extremely for that he had lost a purse with one twentie angels in it But an honest man hauing found the same of meere conscience deliuered it to the same â—hurle who not once thanking him that was the bringer fals to accompt his coine finding only xx angels in the purce with great rigour exacted the odde angell and because the honest man denied the finding thereof he conuented him before a Magistrate of a corporation whose wealth and authoritie farre exceeded his wit as in such places commoÌ„ly hapneth for that affectioÌ„ and simplicity be their ordinary Electors The plaintife sweareth they were one and twenty angels in the purse which he lost the defendant that there were onely twenty in that which he found WhereupoÌ„ the Magistrate pronouÌ„ced that the purse found was not the plaintifes and therefore adiudged him to restore vnto the defendant the purse with twenty angels leauing the plaintife to good fortune for the finding againe of his purse with one and twentie angels I thinke a man may trie a thousand fooles in the like cases before he receiue the like sentence Defects of the body in Arbitrators THe defects of the bodie hindering iudgement are infirmities by Sect. 26. which the principal senses necessary for the apprehension of knowledge are impaired as by deafenes dombnes and blindnes Arbitrators indifferent who ANd for indifferency it is good that the Arbitrators be void of malice Sect ' 27. fauor to either of the parties that they be not notorious by outlarie excommunication or suspected of any other notorious crime that they be neither irreligious nor couetous For albeit as it is said an Arbitrator hath herein absolute power yet ought his iudgement or sentence to be sincere and incorrupt according to right and equitie without malice flatterie and euery other vicious affection or perturbation which may in any sort lead him awrie from the right pathe of Iustice and equitie Hitherto of persons regarded in submissions The Question THe Question which conteineth the matter of tharbitrement followeth Sect ' 82. The question is a thing in controuersie declared to the Iudge or Arbitraitor to the ende it may by him be decided Dyer fol. 216. 4. Elizab pla 6. The question double ANd euery question is either about the fact or about right Sect ' 29. The question of the fact A Question of the fact is when such a fact is enquired of as is Sect ' 30. doubtfull The question of right THe Question of right is when the fact being knowen it is yet Sect ' 31. doubtfull how much is thereby growen right and due to ech partie by Law What is to be considered in each question ANd in euery question hereupon arising it is to be considered whether Sect ' 32. the thing in question be arbitrable or no for in vaine it is to compromit things not arbitrable Let vs therefore see what things be arbitrable and what not What things are arbitrable and what not THings and actions personall incertain are arbitrable as trespas Sect ' 33. a warde taken away c. 22. H. 6. 39. 14. H. 4. 2. 4. H. 6. 17. But things certain are not arbitrable but when the submission is by specialty if they be not ioyned with others incertain as debt with trespas 4. H. 6. 17. 2. H. 5. 2. 12. R. 2. Dyer 33. H. 8. fol. 51. pla 14. But Chattels real or mixt are not arbitrable by theÌ„selues as Charters of lands 9. H. 6. 60. 14. H. 4. 24. if the submission be not by specialty 19. H. 6. 3. H. 6. Also an Annuitie is not arbitrable if the submission be not by specialty 9. H. 6. 60. 14. H. 4. 18. 3. H. 4. 6. Nor a Freeholde 11. H. 4. 12. 14. H. 4. 18. and 19. Et 24. 54. Ed. 3. 16. 12. Ass pla 25. 21. E. 3. 15. Nor debt vpon arrerages of Accompt before auditors 4. H. 6. 17. because such debt is due by record 3. H. 4. 5. 6. H. 4. 9. Also it seemeth that neither

iuris clamat habere in terra praed ' ac praefata I. adeo impotens sui existat quod vsque bancuÌ„ praed ' ad diem sibi datum absque maximo corporis sui periculo laborare non sufficit ad cognoscend ' quid iuris clamat habere in terra praedicta Nos statui ipsius I. compatientes in haâ— parte dedimus vobis potestatem recipiendi cognitionem testificand ' atturnamentum quae praefatÌ„ I. coram vobis facere voluerit in hac parte ideo vobis mandamus quod ad praefatam I. personaliter accedentes cognitionem quam coram vobis in hac parte facere voluerit recipiatis Et cum eam receperitis ipsa coram vobis prout moris est se atturnauerit praedict ' socios vestros de cognitione praedicta distincte aperte certificetis praedictum atturnamentum testificantes vt finis ille inter partes praedictas de terra praedicta coram vobis socijs vestris praedictis in banco praed ' leuari possit secundum legem consuetudinem supradictas Et habeatis c. After issue ioyned the teuant may be essoined thus Eborum ss A. B. vers C. D. in placito quid iuris clamat in vno messuagio c. vnde IurÌ„ per W. C. in quindena Hill c. If the issue be found with the pâ— the iudgement is in this forme Iudgement Et super hoc visis praemissis per Iusticiarios plenius intellectis coÌ„sideratÌ„ est quod praed ' C. D. pro seisina detenÌ„ cum pertinenÌ„ versus prefatÌ„ A. B. occasione clamÌ„ placiti pred' forisfactis habend ' si voluerit prosequatur ac etiam quod finis predictÌ„ si voluerit ingrossetur predict ' A. B. in misericordia c. But Atturnements entred vpon Record before the partie mentioned to atturne do first appeare in Court in person or by atturney warranted by the hand of one of the Iustices of th one Bench or of thother or one Iustice of assise vpon a writ of Quid iuris clamat quem redditÌ„ redd ' or per quae seruicia as the case requireth is void without writ of error 23. Eliz. ca. 3. Upon which iudgement the cognizee may haue execution by habere facias seisinam in this forme Regina vic' EborÌ„ saluteÌ„ Sâ—iatis qd ' cum C. D. in curia nrÌ„a coraÌ„ Iusticiarijs nrÌ„is apud W. per considerationeÌ„ eiusd ' curiae recuperauit seisinam suam versus A. B. de vno messuagio cum pertinenÌ„ in L. qd ' M. N. in eadem curia concessit prefato C. D. per finem inde inter eosfactum ideo tibi pÌ„cipimus quod eidem C. D. plenariam seisinam de messuagio praedicto cum pertinenÌ„ sine dilacâ—one habere facias quid inde feceritis scire facias praefatis Iusticiarijs nostris apud W. in Octabis S. Martini habeas ibi hoc breue T. c. Distringas ad atturnand And vpon the iudgement to atturne doth issue a Distringas ad atturnand ' after this manner Elizab. dei grÌ„a c. vic' E. salutem PrÌ„ tibi quod distringas A. B. per omnes terras c. Ita quod sit coram Iustic ' nostris de banco ad atturnand ' C. D. in placito de quid iuris clamat in vno mess cum pertinenÌ„ in L. quod M. N. in curia nostra c. concess pÌ„fato C. D. per finem inde inter eos factum Et vnde consideratum est in eadeÌ„ curia qÄ‘ praed ' A. B. se praefatÌ„ C. D. inde atturnÌ„ Et habeas ibi hoc breue Teste c. Quem redd ' reddit HAuing thus perused the writ of Quid iuris clamat in euery circumstance Sect. 166. we are now in like maÌ„ner to peruse the writ of Quem redd ' reddit The writ of Quem redd ' reddit is a writ iudiciall and issueth Definition out of the note of the fine against the tenant of the land to compell him to atturne to the Cognizee vpon the graunt of a rent charge or rent seck issuing out of the land Nat. br ' fol. 170. b. The forme whereof insueth Elizabeth Dei gratia c. Vic' E. salutem Praec ' c. tibi quod venire Writ fac ' hic a die S. Mich. in quindecim dies E. F. ad cognoscend ' quem redditÌ„ reddere consueuit exeunÌ„ de vno messuag ' cum pertinÌ„ in E. queÌ„ A. B. in curia nostra coram Iusticiarijs nostris de banco concessit C. D. per finem inde inter eos fact ' Et habeas ibi hoc breue Teste c. If vpon this writ the defendant appeare not a Distringas goeth forth in this forme Regina Vic' EborÌ„ salutem PraecipÌ„ tibi qd ' distringas E. F. per omnes terras c. Et quod de exitÌ„ eorundem respond ' habeas corpus eius hic c. in octab sancti Mich. proximo futuro Ad cognoscend ' queÌ„ redditÌ„ exeunÌ„ de vno messuagio cum pertinenÌ„ in L. quod A. B. in curia nrÌ„a c. concessit C. D. per finem inde inter eos factÌ„ ad audiend ' iudicium suum inde de pluribus defaltis Et habeas c. At which day if the tenant appeare the entrie may be in this forme E. F. in miÌ„a pro pluribus defaltis c. PrÌ„fuit vic' E. quod distringeret praedict ' E. F. c. vt in alijs breuibus de distring supra Et modo hic ad hunc diem venit tam praedictus C. D. per W. W. AtturnatÌ„ suum quam praedictÌ„ E. F. in propria persona sua Et praedict ' C. D. petÌ„ quod praedictÌ„ A. B. se ei de redditu praedict ' atturnet c. Et praedictus E. F. petit auditÌ„ breuis praedict ' ei legitur Petit etiam auditÌ„ note finis vnde idem breue emanauit ei legitur in hec verba Inter C. D. querÌ„ c. reciting the note in Latin c. In which case if the tenant atturne the entrie shall be as in a Quid Attornement entred iuris clamat and so shal the iudgement execution be also Mutatis mutandis But that turnement must be in Court 9. H. 6. 21. 8. H. 6. 15. If this writ be against diuers defendants some appeare and some Diuers tenaÌ„ts make default these which appeare shall not atturne without the rest vntill they appeare and after make default 8. H. 6. 15. If the tenant once appeare and after make default a Distring ' ad atturnand ' Default shal be awarded 9. H. 6. 8. H. 6. 15. Cognisee of a rent charge or rents for yeres shall not haue atturnement Quere Dyer fol. 140. pl. 37. 38. The tenant can not plede by Atturney but ex consensu querentis 1. Atturney H. 7. 27. In Quem redd ' reddit the tenant appearing is to demaunde what the plaintife hath to show

the Chauncery as the case may fall out And the law in the highest degree being thus properly taken is wrongfully termed by the common sort of men wrong in the highest degree for to speake generally and at a word it is the iustest reason that may be whether Naturall or Rationall so farre is it from being to be rightfully taken wrong vntill it be stretched and as it were set vpon tenture bookes to be drawen to some inconuenient circumstance of the fact as when a man doth couenant or giue his word to do some dishonest fact or hurtfull and dangerous to the common wealth In which case if a man should wrest this rule of Law Keepe thy word in steede of doing right in the highest degree he should commit iniustice in the highest degree Not because the Law hath any fault in it selfe but because through his error and cauelling with the Law he worketh wickednes not iudging a right the circumstances of the fact wherein Law and right standeth Li. Si. F. de pactis Law in the highest degree improperly taken is so termed when by an ouer rigorous and hard interpretation it is drawen to inconuenient kinds of facts or by colourable arguments is drawen to frustrate the good meaning of the Law L. Inciuile cum L. seq F. de Legibus Many examples hereof we haue in the Law As it is a Law that no man shall be forced against his will to commence or maintaine any suit or action Now put the case that I. S. is wrongfully impleaded by I. N. who hath framed a cunning action full of glorious shewe against him the said I. S. But I. N. finding in conclusion that he is not able to proue and make good his action becommeth nonsuit I. S. praieth remedy of the Iudges against this wrongfull vexation of I. N. and he the said I. N. in defence of his wrongful vexation vrgeth this rule of Law that no man is compellable to maintain an action Shall he be heard in this case No saith Iustinian this false glose of I. N. is not to be suffered or borne withal This tearme or word of Law in the highest degree being thus taken we may wel say that Law in the highest degree is wrong in the highest degree For the more subtilly that a man doth argue the more authorities he heapeth togither to inforce such a law so much the more and greater wrong and iniustice shall he doe Of Equitie EQuitie is that which is commonly called equall and good sometimes Sect 3. equall and iust and sometime equall iust Lib. 1. Pen. F. de Iusticia iure I. si ius F. si certum petatur Arist termeth it Epieices and other terme it Epieician which is as much to say a mittigation or moderation of the Lawe written in some circumstance either of the things themselues of the persons or of the times Law saith Donatus is that that maketh all things straight and not pliable to th one nor other Equitie is that that dispenseth with many points of the Law Oldendorpius saieth that Equitie is nothing else but a sound or vpright will or iudgement of an honest man nothing craftie or subtill so measuring out to euery man that that is his that in the meane while noe man is wronged as appeareth most elegantly in I. bona fides I. Incurrit F. depos Equitie as some other say is a reasonable measure conteining in it selfe a fit proportion rigor so that it differeth from Law in this that Law is a determinate sentence set downe according to the rules of the law But Equitie is a certaine proportion and allay vpon good occasions setting on side the common rules of the Law and so they cal it a ruled kind of Iustice allayed with the sweetnes of mercie Equitie is diuersly termed in the Law sâ—metime it is very significantly called a Conueniency because it ministreth amongest men a fit proportion aunswerable to the persons the matters the places and the times Sometimes plain dealing is called Equitie which is opposite to the dealing of man by nice points of the Law Sometime it is taken for naturall Iustice or the Law of Nature Sometime it is taken for Law that is opposite to forged and deuised Law Sometime it is taken for Religion c. And to be short Equitie is the correction or amendement of a good Law which is defectiue in some part by reason of the generalitie of it Of the diuision of Equitie EQuitie is twofold written and not written for Equitie may be vsed Sect 4. both in Schooles and places of Iudgement two waies The one by taking good heed how and in what sort Princes and Lawiers haue obserued Equitie in making and setting downe of lawes appointed to be rules and squares of mens actions So that if at any time any case falleth out which is in all points aunswerable to the Law void of any different circumstances which might require some change or alteration of the Law they may accordingly frame their iudgements being sure and out of doubt that the Law of Equitie is alreadie chalked out to them An other way Equitie is to bee prattised in these particuler facts which daily fall out and haue no certain line and square set out for them in the Lawes alreadie made so that we must bee forced to deliuer our Iudgements in them according to certain circumstances applyed as neerely as we can to the principles of our Law And herein standeth the greatest vse of Equitie most fit for common weales And therefore we may well call it an vnwritten Equitie not because we are at our liberties to define and determine of it without due regard had to the Lawe written but because it taketh some libertie not to bind it selfe to the generall Rules of the Law Of the efficient cause of Equitie GOD is the efficient cause of Equitie who hath so disposed of the Sect 5. nature of mankind that we are not in any wise able to set downe a certaine rule for fuâ—ure things and yet hath bestowed vpon vs so much knowledge as whereby we may frame certain generall rules of honest life which may serue for directions in all particuler actions and facts daily and hourely falling out amongst men if they be duly and carefully examined by the rule of Equitie which hath hereye cast vpon all ordinarie circumstances Of the material cause of Equitie THe Law of Nature the Law of Nations and good maners are Sect 6. the materiall cause of Equitie for a well minded man and of sound Iudgement will make of these three an holsome and verie medicinable mixture for any state and common wealth But the matter where about this Equitie must occupie and busie her selfe are the affaires of men infinite as they fall out For right or Law will bee rightly ministred if as matters fall out the circumstances thereof duely considered the ministers of the Law do frame their Iudgements accordingly Of the formal

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