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	law_n	plaintiff_n	2,005	5	10.1186	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A19232	The commonvvealth and gouernment of Venice. VVritten by the Cardinall Gasper Contareno, and translated out of Italian into English, by Lewes Lewkenor Esquire. VVith sundry other collections, annexed by the translator for the more cleere and exact satisfaction of the reader. With a short chronicle in the end, of the liues and raignes of the Venetian dukes, from the very beginninges of their citie; De magistribus et republica Venetorum. English	Contarini, Gasparo, 1483-1542.; Lewkenor, Lewis, Sir, d. 1626.	1599 (1599)	STC 5642; ESTC S108619	143,054	250

them the three heades of the Forty for as they goe along the Councellers and the saide heades are vpon the right hand and the Procurators vpon the left they haue euery one a dwelling place or else forty Ducates a yeare allowed them They all are admitted into the Senate but not into the Councell of tenne saue onely nine of the eldest and best respected they cannot obtaine any other office vnlesse it be of the chiefe sages or else the Giunta to the councell of tenne and when there is a captain generall of the army or a proueditor of the campe to be chosen there is a law made in the Senate that whosoeuer is a procurator may obtain that dignitie which is so ordained to the end that such great and weightie charges should be executed by men of great estimation and honour they may not come into the great counsel but onely by the election of the Duke which is lately graunted by a speciall decree they were wont to stand in the Court without the great Councell when the same was assembled and there to stay during the continuance of the Councell within the pallace to the end that if any disorder should happen they might be at hand to amend it and this in likelihoode was the occasion that they were first forbidden to enter into the Councell but not this custome of assembling themselues and staying in the courte while the councel sitteth is no longer obserued which proceedeth through the quiet and generall securenesse of the cittie insomuch that they thinke it altogether needlesse for the Procurators to be morein one place then in another These three councels of the Forty are exceedingly well discoursed of in the former treatise neuerthelesse for the full and cleare vnderstanding of their seuerall offices and dignities I thought good to set here downe some particularities by him omitted the recitall of which though perchance in his opinion he deemed needelesse yet I iudge them not vnnecessarie to those that doe desire to haue a perfect knowledge of the Venetian gouernment The first of these three councels of forty are as you haue heard the new for ciuile matters abroad the second for ciuile matters within and the third is called the crim inall councell which is not onely aboue all causes criminall both at home and abroade that are brought vnto it by vertue of appeale but also doth of it self determine many entire causes that are not touched of any other magistrare the forty are chosen in the great councell and must all passe the age of 30. yeares the other offices any gentleman may attaine at the age of 25. years the election is not made all in one day but in eight seuerall dayes sitting in euery of which they chuse fiue vpon the choice of these new forty they are straight admitted into the new ciuile councell and doe enter thence into the old ciuile councell and they of the old ciuile presentlie into the criminal as you heard before so that passing 8. moneths in either their whole time of authority is 2. yeares there are ouer euery of these 43. heades and two vnder heades which authority they hold onely two moneth s a peece the heads of the last forty which are the criminall Iudges are they that do ioyn with the Duke councellors with thē do represent the person of the Venetian gouernment These heads vnderheads are all elected by lot There are also in the great Councell three manner of Magistrates created that do bring in and propound causes euery one to the forty appointed him the first are the three Aduocators of the common which doe bring in the causes to the Criminall forty The second are the three old Auditors that doe bring in the home ciuile causes to the old ciuile Forty The thirde are the three new Auditors that do bring all forrein ciuile causes into the new ciuile Forty The Aduocators of the common is a dignity of great account and neuer graunted but to men of greate yeares wisedome and experience his chiefest charge is to see the lawe strictly obserued and therefore in iudgement he is alwaies against the offender There are also many that are Aduocators whose office is to pleade in causes eyther of accusing or defendiug accordingly as they are eyther by the plaintife or defendant entertained it is not of necessity requisit that they be Doctors of law or that they haue therein much studyed onely that they be skilfull in the statutes ordenances of the commonwealth they must all be gentlemen for there is an ancient law that none may plead before the magistrate vnlesse he bee a gentleman and therefore there are in the great Councell chosen 24. Aduocators 20. for the offices of the palays and 4. for the Ryalto of which euery one that goeth to law is bound to entertayn one and to pay him a certain fee and he likewise is bound to defend his cause who entertaineth him the place where they plead is somewhat high they haue at their feet the notary of the 40 with such writings as they mean to produce diuerse times amid their pleading they command him to reade now one Chapter now one writing and then another as the cause requireth The time that eyther partie is allowed for speech is an hower and a halfe besides the time that is spent in reading the writinges in so much that when the Aduocate speaketh there is an houre glasse helde vpright and when the writinges are read the same is turned vpon one side to the ende the sand shoulde not fall through and then is turned vpright againe when he beginneth to speake When eyther part hath alleadged his reasons that sentence is to be giuē the youngest of the fortie causeth euery of the Iudges to sweare that he will giue that sentence which in his conscience he shall thinke to be iust then they go to their suffrages in manner as you may see in the former treatise All causes that are brought vnto the Aduocators are registred vp by their secretarie one first the other next so forth in order as they come and looke in what order they are registred in the same are they by them brought in and propounded to the fortie except it be some which though they come last yet they are still first dispatched as the case of prisoners of burialles of medicines of corne of rewardes of Orphlins of neere kindred as if the brother should pleade with his brother or the father with his sonne these causes are alway first heard and likewise all such as any way pertaine to the office or administration of the Procurators The dominion of the Venetians is diuided into two partes the one by sea the other by land out of eyther of which they receyue a great yearely in-come Of the two they account the firme lande reuenewe to bee the greater especially their possessions in Lombardie are maruellous rich and auayleable vnto them where besides many other

him against whome the former Iudges haue pronounced sentence that he may after three monthes though none of the Auditors intermeddle call his aduersary a fresh into A law lately made by which the authority of the Auditors is greatly diminished question by appeale vnto the Colledge by whose lawe the authoritie of the Auditors is greatly diminished yet neuerthelesse is their report of great auaile to the furtherance of the cause and besides the cutting of the delay of three monthes seemeth to be as a prerogatiue to the Iudges Presently vpon the Auditors report the former iudges were before our time summoned into the Colledge of the fortie and there eyther magistrate admitted to the maintenance of his cause by plea but now I know not by what negligence by little and little it is brought to passe that the former Iudges from whose sentences the appeale is brought doe neyther pleade nor bee so much as present at the handling of their cause in the Colledge of the forty onely being cited by an officer their answere is that that which lawe and iustice is may go forward But this custome that the auditors should first make report vnto the colledge of such causes as were by appeale brought vnto them and plead in maintenance of them hauing continued till our time is now wholly abrogated and onely the Aduocates of those between whom the controuersie resteth doe vse that office in defending the cause of their clientes whereby it is come to passe that this office which was before time so honourable is now become to bee greatly obscured and eclipsed The iudges of ciuile causes obserue the same order in their iudgements as the criminal iudges These fortie Iudges of ciuill causes doe in a manner obserue that order and custome in their iudgementes as you heard me say before is vsually wont to bee obserued of the forty Iudges of capitall causes onely this difference there is that in causes wherein the life and estate of any man is called in question there is no certayne time of speech limited or imposed whereas in A certaine time of speech limited ciuile controuersies there is a certaine time appointed beyond which they may not by any meanes lengthen or extend their plea that is to say an houre and a halfe onely to each of them that pleadeth neyther are there in the decision of these ciuile iudgements many opinions alleadged out of which the Colledge may conclusiuely chuse one that shal be best to their liking as in consultation vpon the punishment of malefactors I told you aboue is vsually the custome but it is onely here debated whether the sentence giuen by the former Iudges shall be confirmed or abrogated if any of the Auditors make intercession to that ende then shall the question be of abrogating and cancelling the same but otherwise if the matter come vnto the Colledge without the intercession or addresse of any Auditor then the Presidentes of the Colledge after the matter is of each side throughly pleaded doe rather propose the strengthening and confirming of the former iudgement then the disalowance or cancelling thereof Presently all the sworne Iudges doe prepare Three seuerall pots brought forth a white a greene and a redde themselues and go vnto their suffrages and three pots likewise are brought forth in the greene the former iudgement is cancelled in the white it is approued and in the thirde which is redde are the balles of those that doe yet remaine doubtfull and would haue the matter to bee adiourned and deferred Nothing is helde for absolute and decreede vnlesse more then the halfe doe conclude and agree together in one opinion eyther for the ratifying or disanulling thereof of which if the iudges bee not throughly perswaded so that neyther of both bee decided the same is then deferred ouer till the next day and the same ceremonies againe renewed and if neyther then it bee determined the Colledge is called agayne the thirde day and the selfe same proceedinges vsed as before saue onely that after eyther side hath sufficiently pleaded and that they go againe to their suffrages there is no farther reckoning made of those that remayne doubtfull and vnperswaded so that vnlesse the suffrages bee altogether equall it is determined and fully ended one way or other and the former iudgement Vpon abrogation of the former iudgement the plaintife hath libertie to renue his action eyther fully confirmed or vtterly abrogated Neuerthelesse vppon abrogation of the former iudgement the playntife is not so put off and debarred but that hee hath libertie to renewe his action agayne for this newe cancelling serueth to no other ende but onely to frustrate and make voide and inualide But vpon the confirmation of the former sentence the party interessed is vtterly debarred the force of the former iudgement whereas the approbation and allowance confirmeth and ratifieth for euer the iudgement that was giuen and pronounced neyther is there left to the defendant any place eyther of prouocation or appeale or meane to call the matter in question vnlesse there fall out some new matter or occasion This shall bee sufficient as concerning the olde Auditors now wee will briefly say somewhat of the newe This Magistrate was vnknowen and not created in our commonwealth till such time as the Venetian Empire beganne to imbrace the mayne lande that bordered vppon our Lakes To these may appeales be brought from the iudgements sentences of The New auditors meddle onely with forraigne matters such gouernors magistrates as without the precinctes of our Citie doe administer iustice to people that doe liue vnder our subiection for the olde Auditors were not of themselues able and sufficient to vnderstand and dispatch both the causes of the citie and those also of forrayne places for which cause this Magistrate was called by the name of New in regarde that after the commonwealth was once setled and established the citie began to stretch and enlarge her dominion ouer the maine land of the prouince of Venetia which as though it had neuer beene seperated from the same returned willingly with a franke and liberall good will For as I shewed you in the beginning of this worke the noblest sorte of people that inhabited the countrey of Venetia flying the barbarous crueltie of forraine nations the generall deuastation of all Italie did get themselues into these lakes of ours and then did lay the first foundation Why the City was first called Venetia of this most opulent and flourishing citie calling it by the name of Venetia to leaue thereby a remembrance vnto their posteritie that there in the same were ioyntly together assembled the chiefe prime and flower of the nobilitie of all the cities of the territories of Venetia so that in short space when the rule and empire therof began infinitly to increase one Magistrate could not serue for the dispatch both of forraine and domesticall causes and therefore this New Magistrate was The