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
A88846	Deceptio intelectus & visus. Or the lawyers vviles unmasked Being the plain innocent mans path-way, for a speedy end at a cheap rate, in any perplexed or troublesome cause, without multitudes, or any bauling or wrangling lawyers to obscure the truth, by their jeering, and endeavouring to daunt all that shal speak either as partee, friend, witness or otherwise; which hath been too common. By Edm. Leach, of London, merchant.	Leach, Edmund, 17th century.	1652 (1652)	Wing L767A; ESTC R230379	17,520	64

Term after and that the said Order and Alteration was contrary to Law Anth. Rous. Then were the Petitioners proofs made good that is to say That the Declaration was filed in Hillary Term 1641. the Order made by the late Judges Sir John Bramston and Sir Tho. Malet and that that Order for altering the filing of the Declaration from one Term to another to be contrary to Law by these Statutes following 1. Viz. Anno 9 Hen. Tertii Cap. 29. in these words We shall sel to no man we shall deny nor defer to no man either Justice or Right c. 2. Anno 2 Edw. Tertii Cap. 8. It shall not be commanded by the great Seal nor the little Seal to disturb or destroy common Right and although such Commandment do come the Justices shall not cease to do Justice in any point c. 3. Anno 15 Edw. Tertii Cap. 1. They shall do even and execution of Right to all rich and poor without having regard to any person And a Gentleman Councel for the Petitioner related truly the course of the Court of the Kings Bench as it was Whereupon a Gentleman replyed and at first began with smooth language but in the end injuriously fell foul on the Petitioners Counsel calling him a Gentleman of the Long Robe although he himself of the same Profession taxing him with not knowing the Law nor the course of that Court of Kings Bench where the Declaration was so filed alledging untruly that a Copy of it according to the course of that Court should have first been delivered to Sir Jo. Lenthall whereas in truth there was no such course nor custom in that Court when the Declaration was so filed nor many years before nor since as ever I could hear of nor is the Law so nor can or will he in writing aver the same so to be but I have heard the contrary affirmed by Practizers in that Court since the matter was in some debate in the Painted Chamber at Westminster before that honorable Committee of Parliament for Petitions and for any such Order to be made since there is none to be found neither if any were they of any force as concerning that Declaration being filed before But the Judges brought one Witness who only said as far as I remember that he conceived it to be the practise of the Court to deliver Declarations or Copies thereof to priviledged persons the same Term that they were filed And another Gentleman being a Practizer in the same Court also being called in and sworn on the Judges behalf was demanded the same or some of the questions as the first Gentleman was who did not say so much as the first but contrary as I have been since informed I having so many to oppose me and none who did or would at all help me or any to testifie or reveal any thing to me in this Cause because against such powerful persons but what they were strictly examined unto and brought to answer by command and the Judges having many coming willingly at the first call or without any sending for at all some of which being present at that Debate were called to testifie But as I have been informed by some standing near them since after some whispering of some of the Judges party the taking of their oaths was spared And I have been informed by many since the matter in agitation before the said honorable Committee that many if they should be called in upon their oaths can and must testifie that the course of that Court of Kings Bench when the said Declaration was so filed was and yet is that any man who hath cause of Action against any priviledged person in that Court may in his own proper person being the most ancient usage or by his Attorney file or cause to be filed a Declaration against such priviledged person within any Term and as some of them say any time before the continuance day being about three or four days next after such Term and that the giving to him or to his usual Attorney or Agent in that Court a Copy or notice of the filing of such Declaration any time before the essoyn day being about three or four days before the next subsequent Term is sufficient to compel such person priviledged as aforesaid to answer to the same that subsequent Term or else to enter Judgment against him And most Practizers with whom I have confer'd about these businesses have informed me that the like may be done to enforce an Answer or obtain Judgment to be entered if such Declaration should be filed and no Copy thereof delivered or any notice given until another Term although a year or divers years after or the essoyn day of the then subsequent Term in which the Plaintiff shall call for and obtain Rules to answer to be entered And the major part of ancient Practizers say that it is but in courtesie so that a Declaration be filed to give any copy or so much as notice thereof to any that have appeared in that Court but that in Law they being intended to be under custody of the Marshal or some for them ought to take notice of and answer to what Declarations be or shall be in the same Court filed against them or otherwise Judgment to be entered at the prayer of the Plaintiff or his Attorney hath been accustomed and by Law and of right ought to be entered against such Defendant for such Plaintiff and in Justice not denyed or delayed And the same custom hath been and is and the Law is so against such Marshal upon and for the same reason and much more stronger being always while the Court is open there present in person or so intended and some of his Agents or Officers are never missing who are to and do attend upon all his occasions there And some Ancient Clerks are of opinion that after a Declaration filed against a priviledged person in that Court the course and custome hath been and the Law is as I am advised by Council and doubt not but to make good he ought to answer from day to day or Judgement to be entred against him at the prayer of the Plaintiff And some of those that were called on the behalf of the Judges and not sworn and other practizers standing amongst them if they had been sworn and strictly examined on the behalf of the Petitioner could and must have testified some of them all and the others of them the greatest part as I have here set forth on the behalf of the Petitioner And after the Gent. Council for the Judges thought he had given me a check saying He himself had sat in such places as did the honorable Committee and in a frowning manner that he did not use to hear such language from such a fellow as I was as I conceive to dash me out of countenance and cause the Honorable Committee and the company standing by to have an ill opinion of me spining out time