Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	cause_n	defendant_n	plaintiff_n	1,980	5	10.2033	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

many thinges different from the fashion vsed either in Fraunce or in Italie or in any other place where the Emperors lawes and constitutions called the ciuill lawes be put in vse it will be necessarie here to make a litle digression to the intent that that which shalbe said hereafter may be better vnderstood All pursuites and actions we call them in our English tongue pleas and in barbarous but now vsuall latine placita taking that name abusiue of the definitiue sentence whith may well be called placitum or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The French vseth the same calling in their language the sentence of their iudges areste or arest in which wordes nothwithstanding after their custome they do not founde the s. but we call placitum the action not the sentence and placitare barbarouslie or to pleade in english agere or litigare Now in all iudgements necessarily being two parties the first we call the impleader suiter demaunder or demaundaunt and plaintiffe In criminall causes if he professe to be an accuser we call him appellant or appellour and so accusation we call appeale The other we call the defendant and in criminall causes prisoner for he cannot aunswere in causes criminall before he do render himselfe or be rendred prisoner Index is of vs called Iudge but our fashion is so diuerse that they which giue the deadly stroke and either condemne or acquite the man for guiltie or not guiltie are not called Iudges but the xii men And the same order aswell is in ciuill matters and pecuniarie as in matters criminall Of pleas or actions CHAP. 9. PLeas or actions criminall be in English called pleas of the crowne which be all those which tende to take away a mans life or any mēber of him for his euill deseruing against the prince and common wealth And this name is giuen not without a cause For taking this for a principle that the life and member of an Englishman is in the power onely of the prince and his lawes when any of his subiectes is spoyled either of life or member the prince is endammaged thereby and hath good cause to aske accompt how his subiectes should come to that mischiefe And againe for so much as the prince who gouerneth the scepter and holdeth the crowne of Englande hath this in his care and charge to see the realme well gouerned the life members and possessions of his subiectes kept in peace and assuraunce he that by violence shall attempt to breake that peace and assuraunce hath forfeited against the scepter and crowne of England and therefore not without a cause in all inquisitions and inditementes if any be found by the xii men to haue offended in that behalfe streight the prince is saide to be partie and he that shall speake for the prisoner shall be rebuked as speaking against the prince Neverthelesse it is neuer defended but the prisoner and partie defendant in any cause may alleadge for him al the reasons meanes and defenses that he can and shall be peaceablie hearde and quietlie But in those pleas pursuites of the crowne procurer or aduocate he gettes none which in ciuill and pecuniarie matters be it for land rent right or possession although he plead against the prince himselfe is neuer denied Pleas ciuill be either personall or reall personall as contractes or for iniuries reall be either possessorie to aske or to keepe the possession or in rem which we cal a writte of right For that which in the ciuill lawe is called actio or formula we call writ in English so the Greekes called it worde for word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in our barbarous latine we name it breue And as the olde Romanes had their actions some ex iure ciuili and some ex iure praetorio and ordinarily praetor dabat actiones formulas actionum so in Englande we retaine still this and haue some writtes out of the chauncerie other out of the common place or the kinges bench Of the chiefe Tribunals benches or courtes of England CHAP. 10. IN times past as may appeare to him that shall with iudgement reade the histories and antiquites of England the courtes and benches followed the king and his court wheresoever he went especially shortly after the conquest Which thing being found very cumbersome paineful and chargeable to the people it was agreed by parliament that there shoulde be a standing place where iudgement should be giuen And it hath long time béene vsed in Westminster hall which king William Rufus builded for the hall of his owne house In that hal be ordinarily séene 3. Tribunals or Iudges seates At the entrie on the right hande the common place where ciuill matters are to be pleaded specially such as touch landes or contractes At the vpper ende of the hall on the right hand the kinges bench where pleas of the crowne haue their place And on the left hand sitteth the Chauncelor accompanyed with the master of the Roules who in latine may be called custos archiuorum regis and certaine men learned in the ciuill lawe called Masters of the chauncerie in latine they may be named Assessores Of the times of pleading called termes of the Chauncelor and chauncerie CHAP. II. TWo things may be moued in question here how all Englande being so long and so large and hauing so many shyres and prouinces therein can be answered of iustice in one place and in 3. benches be they neuer so great An other whereas the kinges bench is exercised in criminall causes and in all pleas of the crowne and the common place in all ciuill causes reall and personall what place then hath the chauncerie The first question will séeme more maruelous and haue more occasion of doubt when I shall also tell that the lawe is not open at all times no not the third part of the yeare But where all other cities and common wealthes had all the yeare pleas suites and iudgementes except for certaine holy daies and haruest and vintage or when for some vrgent cause the lawe was commaunded to be stopped which is called Iustitium Contrarie in ours it is but fewe times open That is onely foure times in the yeare which they call termes After Michaelmas about ten daies during fiue or sixe wéekes at the least After Christmas about a moneth enduring by the space of thrée wéekes Then from xvij dayes after Easter by the space of thrée wéekes odde dayes Likewise from the sixt or seuenth day after Trinitie sunday during two wéekes and odde daies All the rest of the yeare there is no pleading entring nor pursuing of actions This small time and all that but in one place may séeme verse iniurious to the people who must be faine to suffer much wrong for lacke of Iustice and of place and time to pleade but vnto that héereafter I entende to answere more fully and in the meane while that shall suffise which the wise Cato answered to one who mooued that the

Triumuirate of Octauius Antonius and Lepidus The common wealth and rule of the people as in the expulsing of the decemuiri and long after especially after the law was made either by Horatius or as some would haue it Hortentius quod plebs sciuerit id populum teneat And the ruling and vsurping of the popular and rascall as a little before Sylla his reigne and a little before Caius Caesars reigne For the vsurping of the rascality cā neuer long endure but necessarily breedeth quickly bringeth forth a tyrant Of this hath Athens Syracuse Lacedemon and other old auncient ruling Cities had experience and a man neede not doubt but that other commō wealthes haue followed the same rate For the nature of man is neuer to stand still in one maner of estate but to grow from the lesse to the more and decay from the more againe to the lesse till it come to the fatall end and destruction with many turnes and turmoyles of sicknesse recouering seldome standing in a perfect health neither of a mans bodie it selfe nor of the politique bodie which is compact of the same Of the question what is right and iust in euerie common wealth CHAP. 5. SO when the common wealth is euill gouerned by an euill ruler and vniust as in the three last named which be rather a sickenesse of the politique bodie than perfect good estates if the lawes be made as most like they be alwayes to maintaine that estate the question remaineth whether the obedience of them be iust and the disobedience wrong the profit and conseruation of that estate right and iustice or the dissolution and whether a good and vpright man and louer of his countrie ought to maintaine and obey them or to seeke by all meanes to abolish them which great hautie courages haue often attempted as Dion to rise vp against Dionysius Thrasibulus against the xxx tyrantes Brutus and Cassius against Caesar which hath bin cause of many commotions in common wealthes whereof the iudgement of the common people is according to the euent and successe of them which be learned according to the purpose of the doers and the estate of the time then present Certaine it is that it is alwayes a doubtfull and hasardous matter to meddle with the chaunging of the lawes and gouernement or to disobey the orders of the rule or gouernment which a man doth finde alreadie established That common wealthes or gouernements are not most commonly simple but mixt CHAP. 6 NOw although the gouernements of common wealthes be thus diuided into three and cutting ech into two so into sixe yet you must not take that ye shall finde any common wealth or gouernement simple pure and absolute in his sort and kinde but as wise men haue diuided for vnderstandinges sake and fantasied iiii simple bodies which they call elementes as fire ayre water earth and in a mans bodie foure complexions or temperatures as cholericke sanguine phlegmatique and melancolique not that ye shall finde the one vtterly perfect without mixtion of the other for that nature almost will not suffer but vnderstanding doth discerne ech nature as in his sinceritie so seldome or neuer shall you finde common wealthes or gouernement which is absolutely and sincerely made of any of them aboue named but alwayes mixed with an other and hath the name of that which is more and ouerruleth the other alwayes or for the most part The definition of a king and of a tyrant CHAP. 7. WHere one person beareth the rule they define that to be the estate of a king who by succession or election commeth with the good will of the people to that gouernement and doth administer the common wealth by the lawes of the same and by equitie and doth seeke the profit of the people as much as his owne A tyraunt they name him who by force commeth to the Monarchy against the will of the people breaketh lawes alreadie made at his pleasure maketh other without the aduise and consent of the people and regardeth not the wealth of his communes but the aduancement of him selfe his faction kindred These definitions du containe three differences the obtaining of the authoritie the maner of administration thereof the butte or marke whereunto it doth tend and shoote So as one may be a tyrant by his entrie and getting of the gouernement a king in the administration thereof As a man may thinke of Octauius and peraduenture of Sylla For they both cōming by tyranny and violence to that state did seeme to trauaile verie much for the better order of the common wealth howbeit either of them after a diuerse maner An other may be a king by entrie a tyrant by administration as Nero Domitian and Commodus for the empire came to them by succession but their administration was vtterly tyrannicall of Nero after fiue yeares of Domitian and Commodus very shortly vpon their new honour Some both in the comming to their Empire and in the butte which they shoot at be kings but the maner of their ruling is tyrannicall as many Emperous after Caesar and Octauius and many Popes of Rome The Emperours claime this tyrānicall power by pretence of that Rogation or plebiscitum which Caius Caesar or Octauius obtained by which all the people of Rome did conferre their power authority vnto Caesar wholly The Pope groundeth his from Christ cui omnis potestas data est in coelo in terra whose successor he pretendeth to be yet the generall Councels make a strife with him to make the Popes power either Aristocratian or at the least legitimum regnum would faine bridle that absolutam potestatem Some men doe iudge the same of the kinges of Fraunce and certaine Princes of Italie and other places because they make abrogate lawes and edictes lay on tributs and impositions of their own will or by the priuate Counsell and aduise of their friends and fauorites only without the consent of the people The people I call that which the word populus doth signifie the whole bodie and the three estates of the common wealth and they blame Lewes the xi for bringing the administration royall of Fraunce from the lawfull and regulate raigne to the absolute and tyrannicall power and gouernement He himselfe was wont to glory and say he had brought the crowne of Fraunce hors de page as one would say out of Wardship Of the absolute king CHAP. 8. OTher do call that kinde of administration which the Greekes do call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not tyranny but the absolute power of a king which they would pretende that euerie king hath if he would vse the same The other they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Royall power regulate by lawes of this I will not dispute at this time But as such absolute administration in time of warre when all is in armes and when lawes hold their peace because they cannot be heard is most