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	king_n	realm_n	1,598	5	9.5501	5	false

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

concerning such a matter say yea Then they which allowe the bill crie yea and as many as wil not say no as the crie of yea or no is bigger so the bill is allowed or dashed If it be a doubt which crie is the bigger they diuide the house the speaker saying as many as doe alowe the bill goe downe with the bill and as many as do not sitte still So they diuide themselues and being so diuided they are numbred who make the more part and so the bill doeth spéede It chaunceth sometime that some part of the bil is allowed some other part hath much contrariety and doubt made of it and it is thought if it were amended it would goe forwarde Then they chuse certaine cōmittees of them who haue spoken with the bil against it to amende it and bring it in againe so amended as they amongest them shall thinke méete and this is before it is engrossed yea some time after But y e agréement of these committees is no preiudice to the house For at the last question they will either accept it or dash it as it shall séeme good notwithstanding y ● whatsoeuer the committees haue doone Thus no bill is an act of Parliament ordinaunce or edict of law vntill both the houses seuerallie haue agréed vnto it after the order aforesaide no nor then neither But the last day of that Parliament or session the Prince cōmeth in person in his Parliament robes and sitteth in his state all the vpper house sitteth about the Prince in their states and order in their robes The speaker with all the common house commeth to the barre and there after thankesgiuen first in the Lordes name by the Chaunceller c. and in the commons name by the speaker to the Prince for that hee hath so great care of the good gouernement of his people and for calling them together to aduise of such thinges as should be for the reformation establishing ornament of the common wealth the Chaunceller in y e Princes name giueth thankes to the Lords cōmons for their paines and trauailes taken which he saith the Prince will remember and recompence when time and occasion shall serue and y ● he for his part is ready to declare his pleasure concerning their procéedings whereby the same may haue perfect life accomplishment by his princelie authoritie and so haue the whole consent of the Realme Then one reades the title of euerie act which hath passed at that session but only in this fashion An act cōcerning such a thing c. It is marked there what the Prince doth allowe and to such he sayth Le roy or la royne le veult And those be taken nowe as perfect lawes and ordinances of the Realme of Englande and none other and as shortlie as may be put in print except it be some priuate cause or lawe made for the benefit or preiudice of some priuate man which the Romans were wont to call priuilegia These be onelie exemplified vnder the seale of the Parliament and for the most part not printed To those which the Prince liketh not he answereth Le roy or la royne saduisera those be accounted vtterly dashed and of no effect This is the order and forme of the highest and most authenticall court of Englande by vertue whereof all those things be established whereof I spake before and no other meanes accounted vailable to make any new forfaiture of life member or landes of any English man where there was no lawe ordayned for it before Nowe let vs speake of the saide partes when they be seuerall Of the Monarch King or Queene of Englande CHAP. 3. THe Prince whom I nowe call as I haue often before the Monarch of Englande King or Quéene hath absolutelie in his power the authoritie of warre and peace to defie what Prince it shall please him and to bid him warre and againe to reconcile himselfe and enter into league or truce with him at his pleasure or the aduice onely of his priuie consell His priuie counsell be chosen also at the Princes pleasure out of the nobilitie or baronie and of the Knightes and Esquires such and so many as he shal thinke good who doth consult daily or when néede is of the weightie matters of the Realme to giue therein to their Prince the best aduice they can The Prince doth participate to them all or so many of them as he shall thinke good such legations and messages as come from forren Princes such letters or occurrentes as be sent to himselfe or to his secretaries and kéepeth so many ambassades and letters sent vnto him secret as he will although these haue a particular oth of a counseller touching faith and secrets administred vnto them when they be first admitted into that companie So that héerein the kingdome of Englande is farre more absolute than either the dukedome of Uenice is or the kingdome of the Lacedemonians was In warre time in the field the Prince hath also absolute power so that his worde is a law he may put to death or to other bodilie punishment whom he shall thinke so to deserue without processe of lawe or forme of iudgement This hath béene sometime vsed within the Realme before any open warre in sodden insurrections and rebellions but that not allowed of wise and graue men who in that their iudgment had consideration of the consequence and example asmuch as of the present necessitie especiallie when by anie meanes the punishment might haue béene doone by order of lawe This absolute power is called marciall lawe and euer was and necessarilie must be vsed in all campes and hostes of men where the time nor place do suffer the tariance of pleading and processe be it neuer so short and the important necessitie requireth spéedie execution that with more awe the souldier might be kept in more straight obedience without which neuer captaine can doe anie thing vaileable in the warres The prince vseth also absolute power in crying and decreeing the mony of the realme by his proclamation onely The mony is alwayes stamped with the pinces image and title The forme fashion maner weight finenesse and basenesse thereof is at the discretion of the prince For whom should the people trust more in that matter than their prince seeing the coine is only to certifie the goodness of the mettall and the weight which is affirmed by the princes image and marke But if the prince will deceaue them and giue copper for siluer or golde or enhaunce his coyne more than it is worth he is deceaued himselfe as well as he doth go about to deceaue his subiectes For in the same sorte they pay the prince his rentes and customes And in time they will make him pay rateably or more for meate drinke and victualles for him and his and for their labour which experience doth teach vs nowe in our dayes to be doone in all regions For there euer hath béene euer will be