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
A49526	The answer of the chancellor, masters and scholars of the Vniversity of Oxford, to the petition, articles of grievance, and reasons of the city of Oxon presented to the honorable committee for regulating the University of Oxford the 24. of July, 1649.	University of Oxford.; Langbaine, Gerard, 1656-1692.	1649 (1649)	Wing L363; ESTC R19608	22,313	47

other Courts and they may as well object That divers persons commenced severall Suits in the Courts at Westminster for iust debts due unto them by bond and for iniuries committed against them and yet it may be for want of good proofe by witnesse or otherwise as for want of able Councell or carefull Atturneies to look well to their pleadings and executions or for want of abilitie in the par●ies sued after long and tedious suits and much expence have been destitute of any redresse and therefore this manner of reasoning is not at all concludent being an argumēt drawne à non causa ut Causa which if it were of any force we might easily turne the edge of it upon the Petitioners by giving instance in a Priviledged person who ha's a Cause now or lately depending in the Town Court werein he sites divers Cittizens for a just debt upon bond and though his debt bond were well proved or ready to be proved by sufficient witnesses and no defect in his Councell or Atturney nor any disability in the Defendants yet could he not get his money in that Court after a long and tedious suit neer two yeares and much expence Yet is not the Court to be blamed but the dilatorie cunning of the Defendants and we cannot think it reasonable to charge the faylings of men or other intervening casualties upon the Law or the Court either theirs or ours the due proceedings of which later are in themselves as compendious as of any other ordinary Court whatsoever To the Fowerth and last Reason We answer 1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world and with the liberty of those people who had or have no other order or manner of proceedings in their Courts then such as is objected to ours 2. That as we humbly conceive the wisdome of this State in former ages thought it fit that our Ancestors should use the practice of the Civill Lawes in our Court the better to traine up young Student● in the knowledge of them that they might thereby be made more serviceable to the Common-wealth in affaires at home and abroad 3. That our University Court is of such antiquity that the Common Law Bookes and some very ancient take frequent notice of it the proceeding● thereof being alwaies allowed by the Common-Law And the Lord Chief Justice Cooke in his Book Of the Iurisdiction of Courts in England lately published by authority of the Honorable House of Commons makes honorable mention of the Courts in both the Universities 4. That if the Cittizens be plaintiffes as most commonly they are besides the expedition which they may finde there They may have the benefit of the Defendants Oath to ease them in their proofe They may have good sureties put into Court not only to bring in the Defendants but also to pay the Iudgement and Costs of Suit They may arrest not only the Body of any Priviledged person but also his goods debts and things in Action 5. That though this particular if it were a grievance does not only concerne the Cittizens of Oxon but all others who shall have any commerce or dealing with Schollers or Priviledged persons yet have no others complained of our Court and the Petitioners of all others have least cause 6. That we doe not challenge or exercise any other jurisdiction over the Petitioners or others in the Vniversity Court then the Cittizens of Oxon themselves and all or most other Citties and Boroughs in England doe claime and daily practice without contradiction over all other free-borne people of the Land to wit to Arrest and compell them to answer in their respective Courts if they can be there legally attached to Answer 7. That we doe not claime or exercise any greater or other Priviledge in this particular then as we conceive is granted to and used by other Vniversities in Europe as well as ours to wit to sue and be sued before their own Iudge a Priviledge indulged to them and us in favour of Learning That Schollers may not be called abroad to answer Suits to the great neglect of their studies and expence of their time and money 8. That in mixt Suites where one party is of the Priviledge of the Vniversity and the other of the Citty since it cannot be otherwise but such Causes must be heard and determined either in our Court or the Towne Court or both must be subject to a forraigne jurisdiction which would be equally repugnant to the Priviledges of both Bodies no way advantageous untothem and extreamly inconvenient for us we cannot but conceive it more consonant to justice and withall more convenient that the Priviledge of the Vniversity should herein take place of theirs 1. Because this Priviledge has been anciently granted to us and we have been many hundred years in possession of it and it is also confirmed unto us by Act of Parliament 2. Because the Iudges in the Vniversity Court having no interest in the particular Suits brought before them cannot be thought other then indifferent Whereas if Scholers should be Sued in the Towne● Court where the Major and Bayliffes Judges and Jury are all Tradesmen it is very much to be feared it would goe hard with the poore Schollers 3. Because as we humbly conceive the Vniversity is still as it has alwaies been reputed the more noble Corporation more Serviceable in the publique and in which the whole Nation has a greater interest then in the Citty or Cittizens who for the most part are beholding to the Vniversity for much of their livelyhood and subsist●nce as themselves in the fift Article doe imply whereas we have no dependence upon them but only wares for our mony at deare r●tes 4. Lastly Because as we likewise conceive if the Petitioners should prove so unfortunately successefull in their desires as to obtaine the liberty of Suing Schollars in their Towne Court it would prove in the end very prejudiciall to themselves for besides that it would minister occasions of discontent and continuall quarrells betwixt the Bodies it would deterre Schollars from having any dealing or commerce with their new Judges the Cittizens II. To the Reasons of their second Grievance made up with divers specious instances to cast aspersions upon the Vniversities Right and Priviledge of the Night-walke We Answer 1. That this Right and Custome is so ancient so strengthned by confi●mation of Parliament and the benefit thereof so great to all inhabitants by the carefull practice and exercise of it and the continuance of it so absolutely necessary for the good government of the Vniversity especially for securing younger Schollars against the many temptations to lewdnesse and loosenesse which they ordinarily are exposed to by meanes of such Townesmen as make their own advantage out of the others luxury and deboystnesse that no man of any civill conversation Stranger Sojourner Cittizen or other hath ever