Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	good_a	plaintiff_n	2,512	5	10.2701	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

E. 4.6 Stam. 152. Otherwise it is in an Indictment of Treason or Felony for that it is at the suit of the King 10 E 4.6 The Duke of Somerset in the time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment for it is the Suit of the King Coron Br. 153.10 Ed. 4.6 accords And there it is said by Littleton that the Lord Gray of Codnor in an Appeal was tried as a Common Person is and not by his Peers although he was a Lord of Parliament Treason Br. 2. A man may be attainted by Parliament of Treason as well as by the Common Law by Verdict Outlawry or Confession because the Parliament is the highest Court of Record in England and shall not be restored in his Blood without Parliament but the King may give to him that is attainted his Life by his Charter of Pardon and that by apt Words Stanford 53. The King cannot alter the Common Law nor a general custom of the Country as the descent of Land in Gavil-kind Borough-English and such like withoutParliament Prerogative Brooke 15. 11 H. 4. 74. and see the Statute of 33 H. 8. c. 3. of the alteration of descents of Gavil-kind and that the descent shall be as to Heirs at Common Law When a Lord of Parliament is tried by his Peers they shall not be sworn to say their Verdict but they shall give their Verdict upon their Honour and are not otherwise charged but upon their Honours 1 H. 4. 1. and Stamford 152. From this note what accompt the Law makes of a Peers Word when he speaks upon his Honour and this in case of a mans Life A multo fortiori they ought to observe in lesser Cases when they speak and make promise upon their Honour upon good Considerations When a Statute may be taken to a double intent the better shall be taken for the King as the Statute of 14 E. 3. c. ultimo in Stat. 1. it is ordained that for every Sack of Wool carried out of the Realm the Merchant shall find Surety to bring into England Plate of Silver of two Marks and to take two marks of Coyn again for Bullion and after were two Statutes one made 36 E. 3. c. 11. whereby it is ordained for that the Commons have granted to the King of every Sack of Wool for three years one grand Subsidy he grants by the same Statute that after the three years nothing shall be taken or demanded of the Commons but the ancient Custom of one Mark of every Sack of Wool and the other Statute made 45 E. 3. c. 4. which ordains that no Imposition or Charge shall be put upon Wools c. other than the Custom and Subsidy granted to the King in no sort without the assent of the Parliament and upon an Information in the Exchequer against one that had carried Wools and had not found Surety according to the said Statute of 14 E. 3. which two Statutes aforesaid were pleaded and adjudged that the finding of Surety for bringing in the two Marks of Bullion is not taken way for every Statute shall be taken most beneficial for the King where it may be taken to a double intent and it shall be taken that it was the intent of the Makers of those said Statutes to discharge the Commons of the grand Charges upon Wools after the three years 4 E. 3. fol. 3. fol. 12. Barre Fitzh 309. Vide Com. 10. 11. The Duke of Buckingham brought an Action de Scandalis Magnatum against one Lucas for that he had said the Duke had no more Conscience than a Dog and so that he may have Goods he cared not how he came by them and recovered forty pound as appears Mich. 4 H. 8. Rot. 659. And the Duke may have a Suit in the Star-Chamber for such words and I have viewed a Copy of the Record The Lord Abergaveny brought an Action upon the said Statute against Cartwright for that the Defendant had told and counterfeited false news of the Plaintiff to which the Defendant said that the Plaintiff will wind the Guts of the Defendant about his Neck the Defendant pleaded not Guilty and in Evidence the Plaintiff shewed a Letter written to one B. wherein the Defendant said that he understands by Report that the Lord had said ut supra and held good Evidence and it was found for the Plaintiff and had Judgment accordingly And so see that to write and to say are all one for it is publick Vide Book of Entries 13. that fixing a slanderous Bill in an open and and publick Place bears an Action c. In an Errour in Parliament the Record remains with the Justices and they are to shew it to the Parliament and it shall not be removed to Parliament 8 H. 5. Errour Fitzh 88. Dyer 375. In such Case the Roll was carried by Wray Chief Justice into Parliament for the Errour was assign'd in the King's Bench but after that the Court of Parliament had examined it he takes the Record with him and leaves a Transcript in the Court of Parliament A Petition in Parliament exhibited by A. T. for a Title he made to Land that the King enjoyed which was received and sent into Chancery to be tried Ass. Fitzh 287. Lib. Ass. and he surmised that there was a delay in the Tryal of his Right Those of London may bargain and sell their Land there as they might before the Statute of Inrolments and so it may be done in other Boroughs and Cities and it was the Opinion of the Justices of both Benches that the Lands in Cities c. are where the Common Law is exempted from the Act and so that Lands devisable before 32 H. 8. c. 1. are devisable at this day notwithstanding the Act aforesaid Dyer 155. And so a Statute in the Affirmative shall not change the Common Law nor common Custom of a Town as to Inheritances A Lord of Parliament shall have Knights upon his Tryal in every Action 27 H. 8 fol. 27. Challenge Fitzh 115. 13 E. 3. in a Quare Impedit against a Bishop it has been so adjudged Com. 117. Dyer 208. according A Lord of Parliament may be Outlaw'd for Murder 27 H. 8. Fol. 17. and it was the Case of the Bishop of Winchester Ibidem Vide Proc ' F. 224. If a Lord of Parliament makes a Rescous a Capias shall be taken out against him if the Sheriff return the Rescous otherwise it is in Case of Debt 27 H. 8.27 An Exigent shall issue forth against a Lord of Parliament if it be not certified that he is a Lord of Parliament 27 H. 8.27 35 H. 6. A Lord of Parliament shall not be Sworn on an Inquest 27 H. 8.27 Day of Grace shall not be given against a Lord of Parliament 27 H. 8.27 27 E. 3. A Capias ad Satisfaciendum does not lye against a Lord of Parliament 27 H. 8.27 for the Law presumes that he has Assets c. 11 H. 4.15

than of a particular Act for a particular Person for this Act is not general but particular in a generality That all Corporations c. or that all Lords or all Bishops shall have such a Thing c. But where an Act is general and extends to every Man this ought to be pleaded 13 Eliz. 4.8 A particular Act was made that the Chancellor calling to him a Justice may award a Subpaena against A. and B. and make Fine of the matter there all the Justices besides Littleton would not award a Subpaena General but a Special one making mention of the Act for a particular Act shall be taken strictly and a general Act for the Publick Good shall be construed largely 14 Eliz. c. 41. Every one shall be bound by an Act of Parliament if his Right be not saved for every one is privy to an Act of Parliament 21 H. 7.4 by Vavisor The Statute gives a Writ of Praemunire c. Yet one may have a Bill in the King's Bench in Custodia Mareschalli 2 R. 3.17 and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jaylor and yet the Party may have a Bill upon the Escape against him Com. 35. If the King be intitled to the Land of J. S. by forfeiture for Treason or Felony by Act of Parliament or Office by this all Tenures are determined as well of the King as of all others and there if this Land be afterward given to another by another Act of Parliament saving to others all Rights Interests Titles Rents Service and the like as if no such Act had been made there the Seigniories and the like are revived for no Seigniory was in esse at the time of the second Act made and so there are no Words of giving nor of reviving but Words of saving which serve not but to save that which is in esse at the time of saving c. But such Proviso in the first Act may serve for it comes with the Act that intitles the King and if the King is intitled to Land by Office by Escheat and after it is enacted by Parliament that the King shall enjoy it saving to all others their Seigniories and Hundreds there such saving will not serve for the Reason aforesaid for all was extinct before by Office and nothing was in esse at the time of the saving c. 27 H. 8. Parliament Br. 77. Note If an Act be general viz. Where it speaks as well within Franchise as without this shall bind a County Palatine 19. H. 6.12 by Hoddy Note Those Words that destroy Life and Member in Statutes are intended of Felony as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused or Damsel that assented not before or after he shall have Judgment of Life and Member which Words have always been taken to be Felony without the word Felony mentioned in a Statute and so the Statute de frangentibus Prisonam 1 E. 2. Coron Br. 204. 9 E. 4.20 If a Felon be pardoned by Parliament and pleads not Guilty he shall not have a Writ of Conspiracy for the Felony was gone before by the Pardon Fitzh Nat. Br. in the Writ of Conspiracy there In a Replevin the Defendant justifies as under Sheriff of London by a Fieri facias to levy the Expences of the Knights of Parliament amounting to c. And every Hundred was put in certain and W. one of the Towns of such an Hundred was rated 10 l. and he as under Sheriff took the Cattel in the Town in such a Place and the same Beasts he sold and paid the Knights and so avows c. And there by the Court he may take the Arms of a Man for the Duty of the whole Town and that those Boroughs which send Burgesses of Parliament shall not pay to the Expences of the Knights of the County unless there be a Prescription That the Tenants of the Ancient Possessions of Lords of Parliament have paid towards the expences of Knights of Counties But if the Lords purchase Lands de novo that are lyable to those Expences there the Tenants must pay 11 H. 4. Fol. 2. The Villains of Lords of Parliament that come to Parliament shall not be contributory to the Wages of Knights of the County that come to Parliament but the Lords shall have Letters in their own names directed to the Sheriff commanding him not to distrain their Villains c. F. N. B. fol. 229. If there be divers Sessions in one Parliament and the King signs not a Bill till the last there all is but one and the same day and all shall have Relation to the first day of the first Session and the first day and the last are but one Parliament and one and the same day unless special mention be made in the Act when it shall take its force but every Session wherein the King signs Bills is a day by it self and one Parliament by it self and shall have no other Relation but to the same Session 33 H. 8. Parliament Br. 86. Note If a Man in pleading alledge a Statute and misrecites it in the Matter or in the Year Day or Place the other Party may demurr generally because there is no such Law for every one that alledges a Statute ought to recite the Law truly but in the Kings case it may be amended and this in another Term otherwise in the case of a common Person 33 H. 8 Parliament Br. 87. A Man cannot prescribe against a Statute as in Trespass the Defendant prescribed to distrain for Tenure upon the Land holden and to carry the distress to D. in another County whereupon he was condemned for the Statute is that a man shall not take a distress in one County and carry it into another Marlebr 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet if a man hold Land in one County of a Mannor that is in another County he may distrain for Rent or Services of the same Land and carry the distress where the Mannor is and impound it there 1 H. 6.4 Vide Prescription Fitz. 58. 8 H. 3. c. 6 H. 8. Rot. 351. Ass. was awarded of Damages for the Plaintiff upon Certificat of the Bishop that the Tenant was a Bastard and the Parliament wrote to the Justices of Assize to cease and yet they proceeded whereupon the Chancellour reversed this Judgment before the Council and adjudged it in the same manner as it was upon the Certificat c. And then remitted it to the Justices of Assize that had proceeded and given Judgment for the Plaintiff for that the Bishop had certified the Tenant to be a Bastard and they took no notice of the Reversal before the Council for that is not a place where a Judgment ought to be reversed 39 E. 3. 14. Note After Judgments given in the Court of the King the Parties and their Heirs shall continue in possession till the Judgment