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
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

have notice sent to him by the Register at least six days before the day of hearing shall be his whole expences of his journey and tarriance to be defrayed by the Registers by whom he shall be sent for and to be allowed him in his accompts to the Publique And to hold Pleas of all Debts not exceeding 1000 li. and Estates under 1000 li. per annum lying within the same Province 26. Courts and proceedings Every Month shall be a Court Provincial kept in every respective Province in the Middle of the week viz. upon Tuesday in every month and if occasion shall require to be continued the Wednesday also and no longer during which time only Summons shall be given which within ten days at fanthest shall be executed and appearance given the next Court-day at which time a Declaration shall be entred by the Plaintiff within three days after which the Defendant shall plead and thereupon orders be sent for examination of Witnesses and return of their depositions before the next Court-day and then the Cause shall be heard Judgement and Judgement given and entred and unless the parties agree and enter their agreement before the next Court-day execution shall be awarded not to be deferred or reversed 27. Sub-provincial Judges The Judges in every Sub-province shall be the Register and his Assistant the Minister of the Parish where the Registers Court shall be kept and the Sheriffs deputy and in all Causes of difficulty one or more Justice of Peace shall be called to assist who shall have at least six days notice Whereof alwaies some two with the Register or Assistant shall be present at all Trials and hearings of all matters in variance between party and party 28. Courts The Sub-provincial Courts shall be kept every Friday three weeks the Proceeds as in the Provincial and the hearing the third Court-day and execution the fourth except as before and to hold pleas of all Debts not exceeding 100 li. principal and all Estates under 100 li. per annum lying within the same Sub-province 29. Parochial Judges Courts c. The Judges in the several Parish-Courts shall be the Register the Minister the Constable and Church-wardens for the time being whereof in all hearings two to be present with the Register or his Deputy the several Courts to be kept every Thursday fourtnight and all matters to be brought to be hearing the third Court-day as before to hold pleas of all Debts not exceeding 10 li. principal and all Estates under 10 li. per annum lying in the same Parish 30. All Summons shall be granted upon motion of the party or his Atturney Summons giving security to defray the charges of the party to be summoned if his Action be not good and cause just by the respective Registers their Clerks Assistant or Deputies in writing under their hands to which if appearance shall be given either in person or by Atturney proceedings shall be made as before if no appearance shall be given a second Summons shall be granted under the Seal of the Registry to which if no appearance shall be given Judgement shall be given the second day of Appearance respectively and entred in the Court-Registry and if agreement intervene not before the next Court-day and be entred with the Register execution shall be granted and the Registers Seal put thereto Not to be reversed nor any Appeal admitted 31. Execution of Summons Execution of Summons shall be done by the several Parochial Officers within whose Parishes the parties to be summoned shall reside or inhabit as follows each Officer to whom any Summons shall be directed shall the next day at furthest if it be not the Lords day if so the next day after if it may not be done the day of his receipt thereof take two next Neighhours to the parties to be summoned with him and shall go to the house or houses where the party or parties shall live and if the party or parties there be to be met with he shall give him her or them a Copy thereof in writing if not he shall leave the same with some body in the house to give him her or them at his her or their return or acquaint him her or them with it and if no body be found about the house he shall leave the Summons with the next Neighbour and shall make return to the Registry of what he hath done upon his own and the other persons oaths who were with him 32. Contempts All Summons shall be given in the day-time between the hours of eight aforenoon and four afternoon in all Cases whatsoever and if any party to be summoned shall threaten affront offer abuse to or hide or conceal him or her self from any Officer so sent with any Summons as aforesaid the Witnesses shall upon their oaths make entry thereof with the Register which entry shall be made by the Register gratis and upon complaint thereof to the Court by the Officer the delinquents shall be severely punished according to the quality of the offender and till satisfaction be made according to the Censure of the Court appearance shal not be accepted to the end all persons may give obedience to the Magistracy And if appearance be not given proceeding shall pass by default as before 33. Manner of granting Summons and to whom All Summons granted by the National or any Provincial Register shall by the party who desires the same or his Atturney be sent to the Register of the Parish where every party to be summoned shall live within six days after the date thereof who shall the next day at furthest give notice thereof to one of the Atturneys who shall constantly attend that Court who shall execute the same as aforesaid and earefully transmit what the Register shall direct to the Register or Atturney National or Provincial from whom the same was received who upon receipt thereof shall with care and speed enter the return and execution thereof which being under the Parochial Registers Seal shall be sufficient and warrantable to all intents and purposes 34. In all Cases where need shall require Examination of witnesses Interrogatories shall be sent from the National or Provincial Register before whom any Cause shall depend to the Register of the Parish where the party lives or parties to be examined with direction to examine and return the Depositions within such time as shall be limitted all interrogatories to be sent away within two days after the pleadings ended and to be executed by every Parochial Register within six days after receipt thereof if the parties to be examined be to be found in his Registry if not to make return thereof or examine so many as shall be found and return the depositions thereof and absence of the rest and upon what occasion and within two days after examination return the same to the Register from whom he first received them by the care of one of his Atturneys

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