Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	defendant_n	plaintiff_n	5,340	5	10.3536	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88846	Deceptio intelectus & visus. Or the lawyers vviles unmasked Being the plain innocent mans path-way, for a speedy end at a cheap rate, in any perplexed or troublesome cause, without multitudes, or any bauling or wrangling lawyers to obscure the truth, by their jeering, and endeavouring to daunt all that shal speak either as partee, friend, witness or otherwise; which hath been too common. By Edm. Leach, of London, merchant.	Leach, Edmund, 17th century.	1652 (1652)	Wing L767A; ESTC R230379	17,520	64

Term after and that the said Order and Alteration was contrary to Law Anth. Rous. Then were the Petitioners proofs made good that is to say That the Declaration was filed in Hillary Term 1641. the Order made by the late Judges Sir John Bramston and Sir Tho. Malet and that that Order for altering the filing of the Declaration from one Term to another to be contrary to Law by these Statutes following 1. Viz. Anno 9 Hen. Tertii Cap. 29. in these words We shall sel to no man we shall deny nor defer to no man either Justice or Right c. 2. Anno 2 Edw. Tertii Cap. 8. It shall not be commanded by the great Seal nor the little Seal to disturb or destroy common Right and although such Commandment do come the Justices shall not cease to do Justice in any point c. 3. Anno 15 Edw. Tertii Cap. 1. They shall do even and execution of Right to all rich and poor without having regard to any person And a Gentleman Councel for the Petitioner related truly the course of the Court of the Kings Bench as it was Whereupon a Gentleman replyed and at first began with smooth language but in the end injuriously fell foul on the Petitioners Counsel calling him a Gentleman of the Long Robe although he himself of the same Profession taxing him with not knowing the Law nor the course of that Court of Kings Bench where the Declaration was so filed alledging untruly that a Copy of it according to the course of that Court should have first been delivered to Sir Jo. Lenthall whereas in truth there was no such course nor custom in that Court when the Declaration was so filed nor many years before nor since as ever I could hear of nor is the Law so nor can or will he in writing aver the same so to be but I have heard the contrary affirmed by Practizers in that Court since the matter was in some debate in the Painted Chamber at Westminster before that honorable Committee of Parliament for Petitions and for any such Order to be made since there is none to be found neither if any were they of any force as concerning that Declaration being filed before But the Judges brought one Witness who only said as far as I remember that he conceived it to be the practise of the Court to deliver Declarations or Copies thereof to priviledged persons the same Term that they were filed And another Gentleman being a Practizer in the same Court also being called in and sworn on the Judges behalf was demanded the same or some of the questions as the first Gentleman was who did not say so much as the first but contrary as I have been since informed I having so many to oppose me and none who did or would at all help me or any to testifie or reveal any thing to me in this Cause because against such powerful persons but what they were strictly examined unto and brought to answer by command and the Judges having many coming willingly at the first call or without any sending for at all some of which being present at that Debate were called to testifie But as I have been informed by some standing near them since after some whispering of some of the Judges party the taking of their oaths was spared And I have been informed by many since the matter in agitation before the said honorable Committee that many if they should be called in upon their oaths can and must testifie that the course of that Court of Kings Bench when the said Declaration was so filed was and yet is that any man who hath cause of Action against any priviledged person in that Court may in his own proper person being the most ancient usage or by his Attorney file or cause to be filed a Declaration against such priviledged person within any Term and as some of them say any time before the continuance day being about three or four days next after such Term and that the giving to him or to his usual Attorney or Agent in that Court a Copy or notice of the filing of such Declaration any time before the essoyn day being about three or four days before the next subsequent Term is sufficient to compel such person priviledged as aforesaid to answer to the same that subsequent Term or else to enter Judgment against him And most Practizers with whom I have confer'd about these businesses have informed me that the like may be done to enforce an Answer or obtain Judgment to be entered if such Declaration should be filed and no Copy thereof delivered or any notice given until another Term although a year or divers years after or the essoyn day of the then subsequent Term in which the Plaintiff shall call for and obtain Rules to answer to be entered And the major part of ancient Practizers say that it is but in courtesie so that a Declaration be filed to give any copy or so much as notice thereof to any that have appeared in that Court but that in Law they being intended to be under custody of the Marshal or some for them ought to take notice of and answer to what Declarations be or shall be in the same Court filed against them or otherwise Judgment to be entered at the prayer of the Plaintiff or his Attorney hath been accustomed and by Law and of right ought to be entered against such Defendant for such Plaintiff and in Justice not denyed or delayed And the same custom hath been and is and the Law is so against such Marshal upon and for the same reason and much more stronger being always while the Court is open there present in person or so intended and some of his Agents or Officers are never missing who are to and do attend upon all his occasions there And some Ancient Clerks are of opinion that after a Declaration filed against a priviledged person in that Court the course and custome hath been and the Law is as I am advised by Council and doubt not but to make good he ought to answer from day to day or Judgement to be entred against him at the prayer of the Plaintiff And some of those that were called on the behalf of the Judges and not sworn and other practizers standing amongst them if they had been sworn and strictly examined on the behalf of the Petitioner could and must have testified some of them all and the others of them the greatest part as I have here set forth on the behalf of the Petitioner And after the Gent. Council for the Judges thought he had given me a check saying He himself had sat in such places as did the honorable Committee and in a frowning manner that he did not use to hear such language from such a fellow as I was as I conceive to dash me out of countenance and cause the Honorable Committee and the company standing by to have an ill opinion of me spining out time

Deceptio intelectus Visus OR THE Lawyers VViles VNMASKED Being the Plain Innocent Mans Path-Way for a speedy end at a cheap Rate in any perplexed or troublesome Cause without Multitudes or any Bauling or wrangling Lawyers to obscure the Truth by their Jeering and endeavouring to daunt all that shal speak either as Partee Friend Witness or otherwise which hath been too common By Edm. Leach of London Merchant To all Impartiall Readers and especially those who have been are or are in danger to be in such or the like Cases hereafter Related HAving been severall times a Traveller in that part of America called New-England and there finding most Causes of all sorts brought to a speedy and just End at small charges and trouble in some Courts for 2s. 6d. others for 3s. 4d. and the highest for 10s. without having any Lawyers by their Art to make the Cause seem difficult The Court consisting of several Magestrates would examine all Witnesses thereby to finde out the truth and if any should speak for his friend and aver any thing which he did not know to be true or could not prove he would be lookt upon as one that would discredit any business that ever he should appear in for time to come and the very worst of men there would shun his company And now of late coming into my Native Country and finding one neerly related unto me to be much troubled turmoyled wasted and dis-abled in his Estate by perplexed and tedious Suites which I finde have been of 23 years continuance at least I thought good after I had looked into the Causes and finding them just and conscionable by Records and severall Depositions of many honest credible Witnesses and severall other materiall proofs to undertake the prosecution of those Suites to a period hoping here where hath been accounted the best Laws in the world to be made and exercised before corruption crept in and especially in those times of expectation of the most speedy and best Reformation of Religion and Law in the world I doubt not although the Petitioners Petition by reason of some defects and mistakes is laid aside But that after the Petitioner shal have a Petition new drawn with amendments and Additions of Matter in a new Petition to be done by Council Learned and honest to see or hear of the matter to be again resumed and full and speedy justice done as anciently hath been without any Rubbs by reason of any forged falshoods or cavilations of any long winded Lawyers whatsoever But after I had undertaken the same and found such windings and turnings among them far beyond any Foxes or Juglers that no honest man is able to deal with them in the way of their Trade Therefore I have thought it convenient and necessary not onely for the satisfaction of my friends present and absent when I encountered with some such Lawyers but of all o-others who be shal or may be so perplexed and for a president of prevention for them to publish this particular Case to the world that all may judg whether I have cause to repent of what I have done in standing against some of the great ones of the world in a just cause or go on still in my prosecution the which by the help of the Lord I am resolved to do except I see better reason to the contrary then yet I do hoping that some of the honest people of this Nation will joyn with me in petition to the Supream Authority the Fathers of the Commonwealth for making a Law for Redress of such like Grievances in the future which to be effected is the desire of him who is a Hater of Unrighteousness and Injustice and a Lover of plain down-right dealing Truth and honesty E. L. The state of this particular Case in these Suits stands thus THe Petitioner before mentioned is Henry More at the Common Law Plaintiff against Thomas Wright And the said Henry More in Chuancery Defendant at the Suit of T. Wright Henry More at Common Law Plaintiff against Sir John Lenthal The same Henry More in Chancery Defendant at the Suit of Sir Jo. Lenthal Also the said H. More in the then Kings Bench and London in several Suits Defendant at the Suit of the said Sir Jo Lenthal The said H. More in Chancery Plaintiff against Mary Wright Administratrix of T. W. Also the said H. More in Chancery Defendant at her Suit And now H. More in Parliament Petitioner against Sir Jo Bramston and Sir Thomas Malet Kts. First I shall set forth the Petition to the Parliament which followeth in these words viz. To the Supream Authority the Parliament for the Common-wealth of ENGLAND The humble Petition of Henry More Merchant Sheweth THat your Petitioner having Judgment against one Thomas Wright for 7007 li and 1 s. and having him in execution for the same in the Custody of Sir John Lenthall Kt and the said Sir John suffering the said Wright to escape Your Petitioner brought his action of debt against Sir John Lenthall for the same and filed his Declaration in Hillary Term the 2 of February 1641. at which time the said Wright was escaped and at liberty And by the Rules of the then Kings Bench where the Judgment was had and the Action brought Judgment was to be entered according to the Rules of the said Court But to prevent the same Sir John Bramston and Sir Thomas Malet Kts ordered your Petitioners Declaration to be filed as of Easter Term 1642. by which time the Prisoner was dead And by those Orders your Petitioner barred from his Judgment due and all proceedings upon that Declaration filed as aforesaid and defrauded of his Debt and made remedles except only against the said Judges who made the said Orders contrary to Law and Equity and to your Petitioners utter undoing The Premisses considered and for that your Petitioner hath no remedy herein in any Court of this Nation or otherwise but by this Supream Authority as he is advised by many learned Counsel May it please your Honors to take this matter into your serious Consideration and order the same to be examined and your Petitioner relieved as your Wisdoms shall think fit And your Petitioner shall pray c. To the Petition the Judges made their appearance upon the 29 of Sept. 1653. and made a long and tedious relation impertinent to the matters in question Thereupon the said Committe made an Order in these words following Thursday Sept. 29. 1653. At the Committee for Petitions UPon hearing of Sir John Bramston and Sir Tho. Malets Answers this day to the Petition of Henry More Merchant it is ordered That the sixth of October next be appointed for a further hearing and examining the matter of Fact upon the said Petition the Petitioner is then to prove That his Declaration mentioned in his Petition was filed in Hillary Term 1641. That the said Sir John Bramston and Sir Tho Malet ordered the said Declaration to be filed in Easter

was taken from him by force or as he hath often said robbed of it And an Issue of per minus being entered and thereupon Wright being informed that he was in danger notwithstanding the Bond was taken from Mr More he caused the Lord Keeper several times to have the decretal Order signed that he might have a Decree made and enrolled thereupon But his Lordship being informed as it is proved in another Suit in that Court concerning the same matter that the subornation and perjury of the Viva Voce Witnesses was publique and that Wright had boasted much of the said Order and told it about that he had now accomplished his end although it cost him dear near about two thousand pounds and that one of the Witnesses were run away * and that the other was sound a common Cheat and Swearer for mony and otherwise a haynous Offender the Lord Keeper never did but refused to sign the decretal Order so highly esteemed of But let the Gentleman consider of these lines and say what more he please and he shall hear surther from me And after the death of the L. Keeper C. it was several times moved before the Lord Littleton to be done besides other things inconvenient But Wright and his Councel were denyed after they had put Mr More to great charges long attendance trouble labour and travel In Hillary Term 16 Car. Rex after a verdict before the Lord Chief Justice Bramston Mr More obtained a Judgment in the Court of Kings Bench upon the Issue before mentioned being for 7000 l. upon the Bond with damages and costs And in Michaelmas 17 Car. Rex Wright was charged in execution for it in the custody of Sir J. L. then Marshal c. And Wright being so in execution offered to Mr More 2000 l. and security for the residue of the Debt all the same appearing to be due by the proceedings in Chancery under the great Seal of England But before any part thereof was satisfied Sir J. L. suffered Wright to escape out of execution Mr More in Hillary Term 17 Car. Rex ten days before the end of the Term caused an Action of Debt to be brought for the Debt and Damages and then filed a Declaration against the said Sir J. L. for the same and he to deprive Mr More of his Debt and remedy for the same in Trinity Term 18 Car. Rex only by Affidavit deposing that he had not a copy of the Declaration delivered until Easter Term and that he had retaken Wright in the Vacation before Easter Term then next before notwithstanding that Mr More had several Rules against Sir J. L. for Iudgment upon the said Declaration so filed he the said Sir I. L. in Trinity Term 18. although he had before promised to bring in his Plea and failed having taken warning for tryal procured an Order to be made by Sir Jo. Bramston and Sir Tho. Malet in open Court the first and confirmed the second day that the Declaration filed in Hill Term 17. Car. Rex should stand filed as of Easter Term 18 Car. Rex upon the motion of Mr More by his Councel against it by which motion cause was shewed to the contrary And for that Mr More being advised that that Order if it should stand would deprive him of his Debt several times moved in Court and otherwise and moved those Iudges to alter the same but could not prevail and that notwithstanding the earnest solicitation of Mr More for his judgment of the Court above four years to his great expences travel and trouble after about 15 Orders made in the Cause the said Order was confirmed And the said Sir J. L. made a great bussle in the Chancery exhihiting his Bill there and setting forth all the lyes and scandals in the said Bill of old Wright mentioned which were forged and feigned as aforesaid And notwithstanding Mr More denyed the same in his Answer and made it appear in the proceedings and proofs in the Cause of the Widow Wright Administratrix of the said Thomas Wright concerning the matter in question which was dismissed and by his proofs in the Suit wherein he obtained a Decree in Chancery against her Sir J. L. obtained an Injunction at the Rolls before his Brother which after before the Lords Commissioners was ordered to stand dissolved unless Sir I. Lenthall would confess a Judgment of 7007 l. and 1 s. at the Suit of Mr More and to reserve what Equity would afford which was principally ordered upon the pressing of Mr William Okeham Soliciter for Mr More for the dissolution of the Injunction after Councel had given it almost over but after the Injunction was so moved to be dissolved and pronounced by the Lords Commissioners Mr Newdicate one of the Councel for Mr More moved further for a release of Errors which was also assented to by the Court and ordered or otherwise the Injunction to stand dissolved And before or after Sir I. L. had obtained the Injunction to be granted or continued by the Speaker which was after damped by the Lords Commissioners unless c. Sir I. L. never to this day confessed any Judgment to or at the Suit of the said Mr More nor gave unto him any release of Errors and therefore from that time to this the Injunction standeth and remaineth dissolved Yet notwithstanding the Judges layd that as a stumbling block in the Petitioners way and before * Sir J. L. to disable Mr More of prosecution for the escape arrested him upon an Action of 1000 l. in London and having no cause of Action against him neither did nor durst declare nor proceed after he had forced him unto and perceived that he could and did put in good bayl And Sir J. L. threatened the like also to Mr Okeham Solicitor for Mr More and had Officers employed for that purpose who told Mr Okeham if he would not leave being Solicitor in that Cause he would be undone But after Sir J. L. being taxed for it in the Court of Kings Bench he denyed it although Mr Okeham proved it and made Sir J. L. sware that he had no action or cause of action against him the said Mr Okeham And that also Sir I. L. conceiving the Friends of Mr More who would bayl him to be out of London caused him to be arrested upon an attachment of priviledg * at the Suit or him the said Sir I. L. being difficult to put in or find bayl to and required and demanded bayl thereupon for 2000 l. which Mr More was constrained unto and by chance did provide and put in bayl I my self being one and provided the other And after that Sir I. L. declared against Mr More for words that is to say that he had a Judgment against him for above 7000 l. and after surceased proceedings thereupon because it appeared that Mr More had such a Iudgment against him the said Sir I. L. and therefore Mr