Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	declare_v	defendant_n	plaintiff_n	1,698	5	10.3148	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55460	Popish mercy and justice being an account, not of those (more than an hundred thousand) massacred in France by the papists, formerly, but of some later persecutions of the French Protestants : set forth in their petition to the French king / translated for the information of English Protestants, by Ezreel Tonge ...	Tonge, Ezerel, 1621-1680.	1679 (1679)	Wing P2952; ESTC R40649	12,009	20

have reduced it by his discretion to supportable terms because this is a point of highest consequence in the judgement of a Sute and and not to have left it to a Sub-delegate to whom he could have only committed the simple prosecution and information and not that which might give the decisive blow to the chief concern or issue of the cause There was also an Abuse or Error in regard of the person who obtained this S n ence which was the Gray Fryer alone notwithstanding he neither was nor could be a party to the Sute but your Majesties Attorney only who declared when the said Appeal upon abuse was signified to him that he had no notice of the Sentence nor of the publication made thereof Add hereto that by the Ordinance of the said Lord Bouchu of the 19. of August no Witnesses ought to have been examined but such as should have been appointed by your Majesties Attorney whence it follows that the 20 Witnesses who were examined to the said last Sentence being pick't by the said Gray Fryer du Han out of more then 1200 which were propounded to be examined This Indictment or Sentence was also Null being it must needs be presumed That this Monk would chuse none but his Accomplices in his Fury who for their own and his discharge would be careful not to fail in accusing your Petitioners and this is very considerable because of another Nullity observable in the proceedings of the Lord Bouchu which is omitting the Re-examination of the Witnesses and confronting them with the Defendents which formalities are for certain absolutely necessary to perfect and put the last hand to criminal Processes that are of any consequence The Re-examination consists in this that the witnesses who proves any charge being summoned a second time for this purpose and appearing before the Judge his Deposition be read unto him to know whether he persist therein and whether he have any thing to add to it or take from it and Confronting is the presenting the Witnesses and the Defendant face to face that on the one hand the Witness may declare whether he know the Defendant and whether he be the person against whom he deposes and on the other side the Defendant may say whether he know the Witness and whether he may be creditable or he have some exception against him which he is obliged to make presently otherwise he will not be allowed see here what is observable on the behalf of the Defendant who appears to make any Defence by way of cross Interrogatories put into the Judge and presents himself to be confronted by the Witnesses and for them who make default by not appearing and contumacy there is a re-examination of the witnesses only had that serves instead of a confrontation which in this case is termed imaginary Now as for the private Catholicks who were of the number of the Seditions there was no need of confrontation nor re-examination for what concerned them for there being nothing from the begining Decreed against them but that they should appear personally they presented themselves and having made their Defence and finding the Lord Bouchu disposed to treat them favourably they declared that they would be judged of that which was charged against them but as to your Petitioners who of Plaintiffs were made Defendents and of Accusers accused and perceived very well by the first Decrees that the Lord Bouchu made against them as soon as he was declared their Soveraign Judge that he had a design to treat them as Criminals they were very far from declaring that they would take judgement on the charges deposed against them by such Witnesses as were themseves guilty of the Violences and Robberies committed against them so that the Lord Bouchu ought if he would condemn them to have observed against them all the ordinary formalities In doing which he ought first to have past Sentence on your Petitioners Appeal of Abuse against the Indictment granted against them the scandalous Publication whereof had produced that cloud of 1000 Witnesses after that if he could have convinced the Petitioners and had judged the Indictment valid whereof the Witnesses had been prict not by the Attorney Royal but by the Gray Fryer then he should have consulted with his Assistant and made the new decretal Orders against the Petitioners and have caused them to be signified unto them to obliged them to appear put in their defence and abide the confrontation of the Witnesses against them and thereupon to re-examine the Witnesses and confront them effectually against them that appeared and by supposition against those who made default but for certain there was nothing done of all this but he stuck to his first Decrees though they were annulled by your Majesties Order of the 24. of October as well as the Information taken by the Lord Chammelis upon which his Judgement was made and this is the sorry foundation on which he hath built and taken advantage of your Petitioners as contumacious because they would not appear upon his first Decrees and without citing them by Writ according to use and without re-examination of Witnesses he condemned them by his Judgment As for what concerns the Lord D'Ollon he appeared before him made his Defence as he was required which was also taken only two days before the said Judgment he still declaring that he was ready to abide the confrontation of the Witnesses if any of them could give in any charge against him It cannot be pretended that he was wanting in any thing but on the contrary he would have been well pleased that the said Witnesses had been presented to him because he could easily have excepted against them and have convinced them to have been themselves guilty of all the Disorder neither would any other proof have been needed against them than the Indictment brought against them at the beginning at the request of the Petitioner wherein it was by 60 unreprovable Witnesses That those who were last examined who insisted on any charge were they who executed the Conspiracy against the Assembly of the Synod where your Petitioners were Assaulted Wounded Murdered Massacred dragg'd by the hair left for dead the Money they had about them rob'd from them and their Hats Swords Belts and Coats and the rest of their Cloaths torn in pieces and many of their Houses broken up and plundered and all this at the sound of the Alarm Bell and with a continual cry of Harlau Harlau against the Hugonets which is the word to raise Sedition Nor can any Comparison be made betwixt these two Informations because the former was made according to all the forms of Law and was confirmed and authorized by your Majesties Order of the 24 of October whereas this latter is a pure recrimination and absolutely null in that it was made contrary to all Judicial Order and it is to be considered that the Catholicks who were summoned at first upon the former Information and did personally appear knowing

to the Lord Guijon Lieutenant Criminal of Avalon to take Information thereof and to take for his Assistant of the pretended Reformed Religion the Lord Rey de Morand a Councellor at Law which was done the next day and sixty Witnesses examined as well of the one as of the other Religion which related all the Circumstances of the Sedition of which the said Gray-fryer du Han having had Advice and not doubting that he was charged as the principal Author of all that hapned he went and inticed the Attorny General of the Parliament of Dijon who upon his sute deputed the Lord Chaumelis a Senator of the said Parliament to take Information of the same Fact pretending against all appearance of Reason That they of the Protestant Religion who were not above 70 or or 80 persons comprising in that number the Ministers Elders Oldmen Women and Children had intended to abuse them of the Catholick Religion who were in number 6000 and more and the same du Han having caused himself to be examined produced for witnesses those who were the most violent in the Assault and Plunder Your Petitioners being advised thereof had cause to sear that this Information being delivered into that Parliament they should be treated as Criminals were oblig'd to make Application to your Majesty who having taken Notice that this Proceeding was a Recrimination and that the Parliament of Dijon was not competent to take Cognizance of this Affair wherein the Religion was so much concern'd remitted it to the said Lord Bouchu thereof after Information taken to Judge with Sovereign Authority and joyning to them in Commission seven Graduats This Power which made the said Lord Bouchu absolute Master of the Affair wrought a notable change in the manner of his Proceedings for whereas before he had treated them well and testified to them That he had all manner of Inclination to do them Justice for the Abuses and Indignities they had suffered They were surprized to find that in stead thereof he had sent to seek for the Information taken by the Lord Chaumelis and having compared it with that of the Lord de Guijon he had put one part of your Petitioners under an Arrest and obliged others of them and some Catholiques also to a personal Appearance and directed a new Commission to the said Lord Guijon Lieutenant Criminal of Avalon with an Assistant of the pretended Protestant Religion to continue the Inquisition and to perfect the Process unto Judgment exclusively and which was more strange he permitted his said Delegate to take Information more at large of all the Articles and Instructions of your Majesties Attorny and of the said Gray-Fryer du Han that the Witnesses appointed by the said Attorny might be examined upon the Contents of the said Articles which was very unreasonable for that the said Gray-Fryer is dead to the World and therefore uncapable to act and plead in Law and besides accused and convicted to have been the Boutefew or Incendiary of this popular Insurrection and therefore could not be Plantiff nor ought those his Articles of Charge to be received which were contrived for his own Discharge This Partiality made way for another which was that this Gray-Fryer being thus authorized to give-in Articles went on so far as to frame and obtain an injurious and scandalous Sentence against your Petitioners whom he accused to have attempted to begin a Civil WAR in France by this Insurrection of which he suggested they were the Authors Which obliged them when the first Publication thereof was made to interpose an Appeal as against an Abuse which being signified to your Majesties said Attorney of the said place of Avalon he made a Return on the foot of the Writ on the 5 of September that he had done nothing therein nor known nothing thereof and yet nevertheless when they would have stopt them from proceeding in the said Publications which tended towards new Seditions the aforesaid Delegate of his own private Authority ordained That it should go on In pursuance whereof the said Publications being made there were at least a Thousand Witnesses offered themselves to be examined out of which the said Gray-Fryer chose 206 who were the very same that followed his Orders in this Insurrection and caused them to be heard by the said Lord Guijon the Delegate But this Information which was not finished till the Month of November was never yet concluded on nor any Decretal Judgment made upon the Charges contained therein the said Delegate contenting himself with the Judicial Decrees of Arrest and personal Appearance which the said Lord Bouchu had made upon the first Informations by his Ordinance of the 19th of August which obliged your Petitioners cited by those Decrees to apply themselves again to your Majesty to whom it being represented that by your first Order of the 6 of July you had judged the Parliament of Dijon incompetent of that Affair and consequently the Information also that was taked by the Lord Chaumelis an Assistant or Commissioner of the said Parliament who had not called to him any Assistant of the pretended Protestant Religion was also null and ought not to have been regarded Your Majesty gave out another Order of the 24 of October by which it was ordained That in the Prosecution and Judgment of the said Affair the said Lord Bouchu should have no regard to the Information of the Lord of Chaumelis but only to those taken by the said Lord Guijon and Rey de Morant his Assistant and what the said Lord Bouchu would should cause to be made anew and in the aforesaid form on which he should further execute the said Order of the 6 of July according to its Form and Tenure In pursuance of which last Order it is certain That not only the said Information of the said Lord of Chaumelis but the Decrees of personal Appearance and Arrest of the said Lord Bouchu judged by his Determination thereon against your Petitioners were vacated and consequently that the process against them ought to be made upon new Charges and new Decrees nevertheless upon them it is that the greater part of your Petitioners are Condemned as contumacious and the Lord Bouchu hath given Judgment against them without other Information and against all form of Law on the 30 of July last having first declared by certain particular Catholicks whom he caused presently to appear in person and that the said Charges and Allegations were sufficient to ground the Process By this Judgment which without doubt will surprize your Majesty he hath declared the Defaults of six of your Petitioners and four others to be legally taken and obtained and to be effectual giving Judgment against them and six others who appeared and put in their Defence and for reparation of the Charges arising from the Process he hath condemned your said Orators alone in 6000 livers solid fine whereof the said Lords of Ollon Barveil and Pougues were each to pay 1000 livers and the Lords of

Seurre Monmire Henry and Isaac de Blosset each of them 750 livers applicable to the following uses to wit 1000 livers to your Majesties benefit 2000 to the Hospital of St. Reine 1000 to that of Avalon 600 to the Repairs of the Sessions House of the Bayliwick of Dijon 300 livers to the Cloister of the Gray-Fryers of Vezelay the like sum of 300 livers to the Cloister of the Minnu Fryers of Avalon and another 300 livers to the Capouchins of the said Avalon and 150 livers to the Church of Vaujau-court 200 livers to Zachary Courcelles for his Concerns 150 to three other private persons for their Concerns and Joshua Prevost and James Mugnier were condemned and namely the first in 20 livers fine and 60 livers damage to Lazarus Perin and the other in ten livers fine and all these aforesaid condemned to the whole Cost and Charges of the sute and as for the said private Catholicks they were discharged from attending the Court and quit of the Process and it was ordered that John Gravier Minister of Chastillon should be taken arrested and carried to the Royal Prison of Dijon to have his process made and perfected and to compleat this work there is added that your Majesty should be very humbly petitioned to forbid the publick Exercise of the Protestant Religion through the whole extent of the said Bayliwich of Avalon and that to that intent the Churches wherein they keep that Exercise should be speedily pulled down and demolished This Judgment hath supprized and scandalized all the Country even all the Catholicks that have any little Justice in them seeing that instead of punishing exemplarily this popular Fury which was terrible to all people the assaulted and rather they who were Massacred paid the Fine the damage and charges are given to the Murderers and beyond all this both they and all the Inhabitants of the Bayliwick of Avalon were menaced to be deprived of the Exercise of their Religion And that very Churches which escaped in the Sedition and had undergone the examination made of its Titles by the said Lord Bouchu beaten down and demolished the Hospital and Cloysters of the Country round enriched with their Spoils and that in particular whereof the said Du Hau was Warden who was the Author and Promoter of the Furyes and Plunders exercised on the Petitioners their Houses and Goods and which is very extraordinary That this Gray-Fryer who pretends and is according to the Laws of France the Statutes and Vows of his Order civilly Dead hath no right to bring any Sute or Action and was both accused and convicted Legally and Justly and could be at nor have no Charges it being one of the Vows of his Order that he touch no money at all hath notwithstanding obtained a Decree for his Expenses which he hath since caused to be rated at Three Thousand Three Hundred and Forty two livers one penny half penny by an Execution where he hath served the Petitioners with a Protestation upon their Refusal to cause their Goods to be seized and sold all which tends to the giving Licentious Indulgence to such people as are Seditiously enclined against them of the Protestant Religion but also to such Preachers who are but too much enclined to instigate them against such who will give ear to them Whereupon neither your Petitioners nor any other of the Protestant Religion can be in any security whereby your Majesty may perceive of what Importance it is and how necessary that some single Sovereign Judge be constituted and liberty given him to choose his Assistants and particularly a supreme Intendant who may make choise of such Assistants to him as are not too much obliged to complyance and submission of which the Lord Bouchu without doubt if any is to be suspected who having been forced by evident proofs of the exercise of the Protestant Religion in the Vaujau-court to confirm it was not displeased to have this occasion given him to declare your Petitioners criminal in this popular Sedition that he might thence take an occasion to put to the end of his Judgment this Petition to your Majesty to deprive all the Inhabitants of the said Baylliwick the liberty of serving God and to ordain the demolition of all their Churches But this Soverainty which was given him did not extend to dispense with him from observing all forms common and necessary for the Conviction of the Guilty Now that your Majesty may know he hath omitted and violated the most essential Procedures you are besought to consider That there have been three Bills of Complaint The first taken by the Lord Guyon Lieutenant Criminal of Avalon and upon this there can be no pretence to say That your Petitioners could be condemned for that it was taken upon their complaint the Contents whereof was very well proved by 60 Witnesses which they produced and caused to be examined who named and convicted the Authors and Actors of that Conspiracy The second which was taken at the instigation of the said Gray Fryer du Hau at the instance of the Attorny General for the Parliament of Dyon by the Lord Caumelis was declared Null by your Majesties Order granted the 14. of October which without doubt did extend to nullify also the Decrees judged by the said Lord Bouchu upon the Complaints contained therein There remains only then the third Indictment by 206 Witnesses put-in in September and finished in November upon which the Lord Bouchu could find any complaint or charge to found his Judgement but first of all that is Null being made to the prejudice of an Appeal of Abuse in the grant of that Indictment which Abuse consisted in this That the grant of that Indictment could not legally be obtained without the permission of a royal Judge which ought always to go before the Cognizance of the Cause it being not in the power of parties to publish Indictments and Complaints according to their own fancies nor to have them granted and published for otherwise many dangerous Informations and such as might have very bad consequences might be made publick and such indeed in the present case they were in which the Gray-Fryer instigated by labouring for his own Discharge had and made use of that in his Information whereof he was the sole Author as namely That your Petitioners and others who were Assembled at Vaujaucourt had conspired to make an Insurrection to begin a Civil War in France a ridiculous Calumny amongst reasonable persons which nevertheless was very apt to put Stones and other Weapons into the hands of the Rabble very credulous and easily moved to Insurrections Slaughter and Plunder whence it appears that such a permission was necessary in this case according to the constant use of all the Jurisdictions of the Kingdom but that it ought also to have been agreed and limitted by the discretion of the said Judge and not left to the discretion of a passionate Monk and it is certain that the Lord Bouchu himself ought to