Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	debt_n	error_n	writ_n	3,424	5	9.9300	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29951	Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.	Brydall, John, b. 1635?	1700 (1700)	Wing B5265; ESTC R19885	74,121	154

touching his Life as his Goods Chattels or Lands or any other thing concerning him The Rule Necessitas inducit privilegium quoad Iura privata doth vouchsafe to The Lord Bacon in his Collection of Maxims Regula 5. p. 25. Edit 1639. admit an Exception when the Law doth intend some Fault or Wrong in the Party that hath brought himself into the necessity so that is Necessitas culpabilis as for Example If a Mad-man commit Felony he shall not lose his Life for it because his Infirmity came by Co. Litt f. 247. b. the Act of God But if a drunken Man commit a Felony 21 H. 7. 31. he shall not be excused because his Imperfection came by his own default For the Reason and Loss of Deprivation of Will and Election by Necessity and by Infirmity is all one for the lack of Arbitrium Solutum is the Matter And therefore as Infirmitas culpabilis excuseth not no more doth Necessitas culpabilis So that it appears that if one through his own fault becomes Non compos mentis or Mad and that if through the Violence of the same Madness he hurt another he hath therein committed a Crime and deserves to be punished II. QUERY A Drunken Person whether he may make a Testament SOLUTION He saith Swinburn that is overcome with Drink during the time of his Drunkenness is compared to a Treatise of Testaments and last Wills Part 2. Sect. 6. Mad-man and therefore if he make his Testament at that time it is void in Law Which is to be understood when he is so excessively drunk that he is utterly deprived of the use of Reason and Understanding Otherwise if he be not clean spent albeit his Understanding be obscured and his Memory troubled yet may he make his Testament being in that Case We will subjoyn to what Swinburn has said for the Solution of our Question the Words of Dr. Godolphin which are to the same effect Such as are drunk during the time of being drunk can make no Testament that shall be good in Law Orphan's Legacy Part 1. c. 8. § 5. p. 26. yet understand says he this is only when he is so excessively drunk that he is altogether deprived for the time of the use of Reason and Understanding being according to the Flagon-phrase as it were dead drunk For if he be but so drunk that his Understanding is but somewhat clouded and obscured and his Memory troubled he may in that Case make his Testament and it may be good in Law He therefore that is but exhilarated with Liquor and thereby doth but somewhat deviate from the Rule of right Reason is not the Person whom the Law renders at that time Intestable but he who by a continual Custom of Toping or by such an Excess of Drunkenness hath so exiled his Intellects that he hath as it were totally lost the Rational and reserved nothing to himself but the Animal Concerning the drunken Man's Will see more in Vasquez de Success Crea lib. 2. sect 13. Requis 7. n. 8. Simon de pratis de inter ult vol. lib. 2. dub 1. soluc 4. n. 22. III. QUERY Such as violate the good Name of others with opprobrious Words through Weakness of their Brain either by Frenzy Drink or other Lightness how are they to be dealt withal SOLUTION The Lawyers tell us That defamatory Words are uttered either upon some Rancour and Malice by Ridley's View of the Civil and Ecclesiastical Law Part 3. cap. 7. sect 1. some that envy another with intent to defame him and spread abroad a Matter of Disgrace upon him or in some scoffing and jesting manner so as facetious and merry Men use to do to make the Company merry wherein they are or they are spoken by some that have some Weakness or Distemperature in their Brain either by Frenzy Drink or other Lightness or by any Rashness in their Tongue 1. If the Cause of such Words be Rancour or Malice then are they altogether to be punish'd for that there can be no just Excuse made for them 2. If they be spoken in a jesting manner to make the Company merry if it be in a fine sort delivered it is by Aristotle held to be a Vertue* but if it be in homely In Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latin Urbanitas and gross sort delivered then is it accounted to be a kind of Rudeness or Rusticity but whether way so ever they be uttered there is for the most part no advantage taken against them unless thereby there follow any Discredit to the Party upon whom such Jests are broken for then are they not without blame Neither can Lusus Noxius in Culpa est D. 1. 2. 10. D. 47. 2. 50. 4. that be called a Jest or Sport whereby a Man 's good Name is hurt or any Crime imposed upon him 3. The like may be pronounced of such as speak hardly of any by the Lubricity of their Tongue or Weakness of their Brain through Frenzy or Drink who for that they are not thought to speak such Words maliciously pass for the most part unpunished * Nam personam spectandum esse an potuerit facere an ante quid fecerit an cogitaverit an sanae mentis fuerit nec lubricum linguae ad poenam facile trahendum est Quamquam ii temerarii digni poena fint tamen ut insanis parcendum est D. 48. 4. 4. 3. no tho' a Man in this Case speak ill of the Prince himself And the Civil Law is so far from taking hold of such Words in these Cases that the Roman Emperors themselves viz. Theod. Arcad. and Honorius have in an ancient Constitution extant in the Code of Iustinian said of them thus Siquis Modestiae nescius pudoris ignarus improbo C. 9. 7. Lex unic Siquis Imperatori malediderit petulantique maledicto nomina nostra trediderit lacessenda ac temulentia † Drunkenness Temulentus Drunken Cup-shot of such see more D. 48. 3. 12. D. 48. 19. 11. 2. D. 49. 16. 6. 2. turbulentus obtrectator temporum nostrorum fuerit eum poenae nolumus subjugari neque durum aliquid nec asperum volumus sustinere Quoniam si ex levitate processerit contemnendum est Si ex insania miseratione dignissimum Si ab injuria remittendum* If any Man Note Queen Elizabeth after Sir John Perot was condemned to die was often heard to commend the Rescript of those Emperors p. 411. Engl. Edit 1635. speak ill of the Emperor if Cambden's Eliz. Anno 1593. of Lightness it is to be contemned if of Madness to be pitied if of Injury to be remitted I shall conclude the whole Tract with a remarkble Example that I have met withal and which I cannot here Peter de la Primauday in his French Academy c. 36. let go in Silence and 't is of the Prudence of Dionysius the Elder King of Syracuse in punishing evil Speakers This King being told That two young Men as they were drinking together had spoken many outrageous Words of his Majesty The King invited them both to Supper and perceiving that one of them after he had taken a little Wine into his Head uttered and committed much Folly and that contrariwise the other was very stayed and drunk but a little the King punished this Fellow as one that was malicious and had been his Enemy of set purpose but forgave the other as being drunken and moved by the Wine to speak ill of him FINIS Books printed for and sold by Isaac Cleave at the Star next Serjeants-Inn in Chancery-Lane THE. Reports of William Benloe Serjant at Law and Will. Dallison one of the Judges of the Court of King's-Bench Price 12 s. Sir Orl. Bridgman's Conveyances being select Precedents of Deeds and Instruments concerning the most considerable Estates in England drawn and approved by that Honourable Person in the time of his Practice 3d Edition with Addit Pr. 12 s. Cowell's Interpreter of the Law-Terms Price 10 s. Hobart's Reports 12 s. Bulstrode's Reports 30 s. Cases in Parliament upon Writs of Error 8 s. Coke's Institutes 2d 3d and 4th Parts Plowden's Reports 20 s. 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Bond of Greys-Inn Esq The Second Edition much enlarged and continued down to this Time To which is added A Table referring to all the Statutes relating to a Justice of Peace By E. Bohun Esq 6 s. Ars Transferendi Dominium Or A Sure Guide to the Conveyancer Consisting of many Observations and various Questions with their Resolutions relating to Feoffments Grants Fines Common Recoveries Exchanges Releases Confirmations Attornments Surrenders Bargains and Sales and Devises By I. Brydall of Lincoln's-Inn Esq 3 s. 6 d. The New Atlas Or Travels and Voyages in Europe Asia Africa and America through the most renown'd Parts of the World viz. From England to the Dardanelles thence to Constantinople Egypt Palestine or the Holy Land Syria Mesopotamia Chaldea Persia East-India China Tartary Muscovy and by Poland the German Empire Flanders and Holland to Spain and the West-Indies With a brief Account of Aethiopia and the Pilgrimages to Mecha and Medina in Arabia c. By an English Gentleman c. 3 s.