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	error_n	plea_n	1,724	5	9.9167	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68283	Foure bookes of offices enabling privat persons for the speciall seruice of all good princes and policies. Made and deuised by Barnabe Barnes.	Barnes, Barnabe, 1569?-1609.	1606 (1606)	STC 1468; ESTC S106957	238,357	234

those houses of Parliament by generall consent concerning the publicke weale or generall good or euill it behooueth first that they soundly and maturely deliberate and consult vpon any thing important sifting out the circumstances which may tend to the most benefit or praeiudice and conscionably pondering each point in the ballance of reason may condiscend to that which will least preiudice the maine for when the billes of those houses are once exhibited past and inacted they cannot be repealed without another Parliament by generall consent of the Prince and of all persons In this high court all Iudgements issuing out of the Kings bench the Chauncerie Common plees the Exchequer the court of Wardes and that which proceedeth out of the court of Parliament it selfe may bee reuersed by writ of Error There are likewise other courts Ecclesiasticall and Ciuill Ecclesiasticall as the whole Conuocation of our Clergie assembled with our States of Parliament consisting of Deanes and Chapiters Archdeacons Procters of Cathedrall Churches and Deligates which are the generall with prouinciall Synods of Canterbury and Yorke vnto whom all the Byshopricks of England and Wales suffragate In speciall such generall courts as answere to this Synod are the Consistorie the Arches for appeales court of the Chancelor or Audience Commissaries court or the Prerogatiue for probate of Testaments with the court of Faculties for dispensations the courts held at Canterbury by the Chancellor for the Diocesse the court of peculiar Deaneries appertaining th'Archbishop and yet belonging vnto diuers Bishoprickes vnto which other Byshops are also subiect Euery priuate Bishop or Soueragaine haue courts also within their seuerall Diocesse to themselues peculiar their cours of Chancellers Archdeacons or Officials Ciuill courts hold plees either in cases of right dealing or in ciuill causes betwixt the prince and his tenants But of the Exchequer where those causes betwixt the Prince and his tenants are decyded I did speake somewhat in my first Booke The Dutchie of Lancaster by grant from King Edward the third to Iohn of Gaunt was exstinct by vnion of Possession with the crowne in person of King Henrie the fourth by whom it was seuered and so continued the whole times of King Henrie the fift and King Henry the sixth then vnited by Edward the fourth which being seperated againe by King Henrie the seuenth remaineth yet accordingly The Court of Chancerie wherein ought to bee the seate of equitie which mitigateth or morderateth the Law or as Aristotle calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tanquā sine fuco without guile or subtile hypocrysie should seeme to distribute and execute the Lawe of nature and conscience being corrected by reason but confirmed by Religion It is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the soule or that naturall facultie with perswadeth the good and diswadeth that which is euill and therefore as I sayd elsewhere Equitie should seeme to bee that Balme which modefieth and molefieth the rigorous Letter and rugged forehead of Law graciously smoothing the same with a blessed serenitie For when the Law by seuere interpretation is drawne to inconuenient kinds of facts and by colourable arguments mooued to frustrate the good meaning of the Statute then our recourse in England is made vnto the Chancerie being so notable and common that in other Courts through the corrupt levine and couetous malice of some Lawyers right is many times peruerted For diuers wylie Sophysters arguing with subtile insinuations and heaping vp authorities enforce the Letter of our Statutes that they may bee thereby accomodated to their owne corrupt purposes so that the violence done by such a Counsellor is much more then that which is offered by the wrong dealing plaintiffe or defendant against the innocent grieued Hence is this iniquitie thus enforced by the smoothe tongue of a subtile Lawyer which often times vrgeth and procureth a seuere or sinister sentence from whence appeale is made vnto this Court of equitie which is the Kings iust mercie seat from whence is dispensed that which is vulgarly called aequum bonum aequum iustum aequum iustum Intimating righteousnesse and goodnesse right and iustice and indifferent iustice for euen the lawes themselues require that they may be gouerned by trueth Et vt leni facili ac benig na interpretatione temperentur veréque dicitur nullus recedat a Cancellaria sine remedio To be qualified with a gentle milde and fauourable interpretation And it is a true saying Let no man depart from the Court of Chancerie without remedie The iudgements deliuered in this Court of honourable grace cannot be but by the Court Parliament reuersed the speciall proceedings in Chancerie are by petitions trauerses and shewing of right In this Court the Lord Chauncello●… is iudge with the master of Rolles next vnder them the masters of the Chauncerie the sixe Clerkes and cursitors Adioyning these is the court of requests All those ciuill courts prementioned hold plee betwixt subiect and subiect either in triall of land causes as the kings Bench so farre at it dealeth in matters of debt assumption actions vpon the case properly belonging to the court of the Common plees or in the Common plees begun by king Henrie the 3. Likewise in the matters of Marshallsea within the virge limited to twelue miles neere to the kings house and no more where the steward and Marshall are iudges or in marine causes determinable in the Admiraltie which court was erected by king Edward the third all of them being generall courts Those which are speciall and peculier to some one prouince people or seignorie subiect to the state of this crowne doe follow The Constables court in Wales wherein the President and counsell with the Secretarie and examiner the Clarke of the counsell and keeper of the billes doe sit In the North part of England also where at Yorke a President and counsell is established both which counsels are fashioned according to the forme of Parliaments in France Likewise the Chauncellers court in the Exchequer which hath a Seale the writs vnder which are more antient then the Register or Prerogatiue There are also diuers base courts which as it should seeme were first of any that we can read begunne by Moses who did establish Iudges These ruled Tribes Hundreds Fifties tenths to whom he referred the decision of small causes reseruing to himselfe matters of most importance These courts were continued amongst vs in example by king Alfred the Saxon and a Christian king who deuided his realme First into lathes rapes ridings and them into wapentakes hundreds and those into leets court Barons tithings piepouders Secondly into Sherifes turnes and hundreds King Henry the second deuided this realme into sixe parts vnto each of which he did assigne three iustices called Itinerants by Bracton and iustices in eire by Britton whose circuits Roger Houeden describeth to be like our iuridicall circuits at this day and so much in generall touching the formes and nature of our Ecclesiasticall and

houses which should be demolished All criminall causes according to the forme of our Lawes are either treasons or felonies and those courts in England which are ordained for tryall of them that stand appealed for such crimes are the Kingsbench or Gaole deliueryes Which iudgements are through all Counties of this Realme once each yeere at the least and in some oftner according to the greatnesse of the shire and of that necessitie which may happen vpon the manifold offences tryable where the factes were committed if it bee not otherwise determined by the Kings priuie Counsell Treasons according to the lawes of our Nation are crymes of such heinous nature as either concerne the Prince in his life or State As when a man compasseth or imagineth the Kings the Queenes or their eldest son his death the violation or constupration of the Queene or of the kings eldest daughter vnmaried or of the Prince his wife the levying of war against the King in his Realme or abroad the counterfeiting of his great or priuy Seale or of his moneys th'importation of false money counterfeit to the stampe of his Realmes and knowing it to be false to kill the Ghancellor Treasurer or Iudges of the Kings bench or of the common plees or the Iustices in Eire the Iustices of assise or any Iustices of Oyer derminer doing their offices there is another petit treason when a seruant slayeth his Master and a wife her husband a man secular or religious any Prelate to whom he oweth faith and obedience Moreouer if any thing should happen vnnamed respite must bee graunted till by Parliament it be adiudged and ordayned treason or felonie Paricides such as kill their parents openly or closely and such as are either accessaries or abettours punished with extreame torture of death according to th' imperiall Lawes Howbeit such as kill their kinsfolke or allyes vndergoe the law prouided against murtherers Felonies are of diuers natures including any capitall iniustice as in life or liuing towards diuers persons of which some be murtherers others in theft and robberies and some in deceit appendant to that nature but in a more venemous degree Murtherers therefore which with artificiall instruments poysons or sorceries take away the liues of people according to th' imperiall lawes are punished with death Theeues secretly stealing and purloyning publicke treasure or sacrilegious persons yea Iudges themselues if hauing charge of any common treasure they should imbezill the same with all assistants receptors and abbettors are condemnable to death Other thefts not of such heynous condition are satisfied with exile The rapes of widowes wiues or virgines are comprehended herein by the same punishment Falsifying or counterfeiting of written Chartiers Euidences Records Leases or counterfeiting of seales with such like of the same nature punished with death Publicke violence which is done with weapon or artificiall instrument finable to the the third part of his goods which offendeth Pettie thefts sometimes with losse of life and in certaine cases with lighter punishment at the Iudges discretion The lawes of ambition of requiring a restitution of goods taken away with those that concerne victuall c. are all handled in the publike iudgements expressed in th' imperiall Institutions For as much as concerneth the studies and readie knowledge of our owne Lawes I haue sufficiently spoken before In iudgements criminall generally requiring the deepest and soundest discretion of Iudges there is one question which I haue heard controuerted Whether in them it be better and more expedient to shew mercie then rigor but it is by the stronger part of opinions confirmed that in the gouernment of a multitude where the crimes are treasonable or infectious seuere punishment much more auaileth then lenitie Which Tacitus no lesse sagely though liuing in a tyrannous Empire doth confirme Yet forsomuch as it is no part of my profession but in somewhat impertinent to declare the substance of all these causes criminall according to their natures I will pretermit and handle only such things as are required of a Iudge in his general decision or execution of them Punishments therefore are either frequent or rare mitigate punishments of multitudes together with frequent practize of them And he which hastily proceedeth to sentence of condemnation will be generally said and condemned to haue done it willingly If occasion so require that for a genenerall good and quiet a multitude must vndergoe punishment make specious demonstration that it is onely done to preuent further offence and not in regard of the fault shew neither wrath nor gladnesse in punishing inflict not any strange or extreame punishments for they be dangerous the Iudges which punish after new fashions are vndoubtedly cruell Be not partiall in punishing as in dealing more seuerely with some then with others whose faults are of equall qualitie Neither be present spectators at the execution of malefactors which violent irous appearance hath drowned many princes in the blood of their Tyrannie And whereas it doth happen frequently that many persons and some of the best estate and qualitie cannot be punished with death but with the great danger and hatred of the Iudge which he should wholy neglect honourably respecting the person of veritie represented in himselfe it is required that in heinous causes all the heads be cut off together and that not leasurely one by one For often reiteration of blood giueth suspition of mercilesse truculencie stirring malice in many men and pleasing few onely the due respect of seueritie bent against them whose pardons are full of perill presently washing out the note or malice of that seueritie with remission and indulgence of other offendors whose crimes being of a more humble nature include not much danger in them Hauing and retaining alwayes a precise respect of the natures and qualities of the persons offending and of their offences according with that rule in Salust Vos sceleratissimis hominibus quiaciues sunt ignos●…ere aequo animo paterer ni miserecordia in perniciē casura esset I could be contented that great offendors shold be pardoned were it not that such mercie would turne to mischiefe Onely this should be regarded that amongst many persons combined in offence a few of the principals be cut off Necem etenim paucorū aut vnius hominis calamitati publicae maiores nostri semper anteponendam esse putauerunt Our fathers alwayes thought it expedient to preferre the death of some few persons or of one man rather then to permit a generall calamitie by the effusion of much blood It hath been anciently customed but I will not prescribe such dangerous phisicke to wash away the enuie of blood-shed with shedding the blood of certaine vile persons as sacrifices piacular against publike hatred as I noted in my first booke by the example of Sir Richard Emson and Master Dudley in the second yeere of King Henry the eight To great offences therefore either presumptuously or bloodily