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	plaintiff_n	plea_n	3,291	5	10.0361	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49801	Theo-politica, or, A body of divinity containing the rules of the special government of God, according to which, he orders the immortal and intellectual creatures, angels, and men, to their final and eternal estate : being a method of those saving truths, which are contained in the Canon of the Holy Scripture, and abridged in those words of our Saviour Jesus Christ, which were the ground and foundation of those apostolical creeds and forms of confessions, related by the ancients, and, in particular, by Irenæus, and Tertullian / by George Lawson ...	Lawson, George, d. 1678.	1659 (1659)	Wing L712; ESTC R17886	441,775	362

as refused to relieve His poor Saints and Members in their wants and distresses 5. Justice and Mercy in this kind are great Preservatives of Peace and Prosperity in Humane Societies and therefore God so often calls for the observation of them 6. A little Estate justly gotten wisely used is always accompanied with God's Blessing and transmitted to Posterity without any curse or guilt In this respect a little which the Righteous hath is better then the Riches of many Wicked Psal. 37. 16. 7. Works of Mercy and Benevolence to them who are in want and misery are highly commended and to them a rich Reward is promised For what is given to the Poor God takes as lent unto himself and He engageth to re-pay with Interest And if these be shewed to the Saints in the Name of Christ the least of them to a cup of cold Water shall not lose the Reward or be forgotten either in this life or in the life to come when Christ shall give possession of an Everlasting Kingdom to merciful men 8. Justice and Mercy render men like unto God and are Duties most agreeable to Christians who have believed in Christ and must love their Brethren with a dying-giving love seeing Christ dyed and gave Himself for them and they have so deeply tasted of God's love in Him CHAP. XV. The Ninth Commandement AFter that God had determined the right of persons § I and things by the former laws he here prescribes a rule of judgement For as in the civil law some observe 1. Jus. 2. Judicium as the parts and members of the same and meanes to observe justice So it 's here That which they call Jus Civile is nothing else but the law determining the right of persons things actions both publick and private And that which they call Judicium is nothing else but certain rules regulating judgment which determines whether the law hath been obeyed or disobeyed and the right determined by law observed or violated and proceeds accordingly So that as the former four Commandements determine the right of persons and things to be observed by man so this prescribes a rule for the better ordering of Judgment The end therefore of this law is to regulate Judgement and to prevent unjust and stablish just Judgment amongst men This therefore is the originall of all humane jurisdiction and civil Courts For the better understanding thereof you must observe that all civill power is threefold legislative judicial executive and all governments once constituted begin to act in making laws goes on in judgment according to these laws and end in execution according to this judgment For execution is the last act and consummation of civil power The former Commandements give certain rules for the enacting of humane laws this of ordering humane judgment That some understand this Commandement so as though all sins of the tongue were here forbidden is not true Because Perjury and Blasphemy are forbidden in the first Table reviling words against our betters in the 5th Racha and thou Fool in the 6th Bawdry in the 7th lying for gaine in the 8th Commandement Others think that the end of this is to provide for our Neighbours fame and good name Yet this doth not reach the true scope of this law which is as you heard before to establish just judgment These things observed § II for to cleare the order manifest the scope and give some generall light I proceed to the explication of the words of the Commanment which is negative and therein we may observe 1. A party litigant whose cause is brought before a judge 2. Witnesse to give-in evidence in the cause 3. The testimony 4. The quality of it 1. The party litigant is our Neighbour whether friend Kinsman stranger enemy considered as litigant and in this place it may signifie either the Plaintiff or Defendant For all causes are brought into Courts of judgment by information and complaint And here I need not distinguish of causes which are according to some civil criminall capitall nor of Courts whereof some are supreme receiving last appeals and are not bound to formalities or subordinate and inferiour Courts which have a limited jurisdiction and are bound to a certain form of proceeding 2. The witnesse is one that is or should be indifferent to the cause and in no wise inclined to the partyes and hath or is supposed to have some certaine knowledge in the matter complained of and controverted and so is able to give some evidence to the judge who is bound not onely to know the law but the thing controverted before he give judgment For no man can justly judge of that which he knows not 3. The testimony is an act of a Witnesse as a Witnesse whereby he declares or pretends to declare especially to the Judge his knowledge in the cause controverted The end of it is to give evidence that so the merit or demerit of the cause may be known And because this testimony is given upon examination and interrogation therefore in the originall Not to beare false Witnesse is Not to answer false Witnesse The Testimony in this respect puts on the nature of an Answer which is given especially in doubtfull causes upon Oath and the Oath is taken to make the testimony credible because it 's supposed no man will hazzard his soul and interest in God And because it 's the highest degree of confirmation in such causes it 's therefore said to be an end of all strife Heb. 6. 16. 4. The quality of the Testimony is the last thing in the Commandement and it may be either true or false and so either promote or hinder justice do right or wrong unto our Neighbour litigant Truth and Falshood are not onely essentiall but accidentall qualityes to a testimony and because men are not infallible therefore their testimony may be false as well as true And the quality forbidden is falshood the quality commended is truth for God saith Thou shalt not beare false Witnesse In this Commandement as in severall others there is a Synechdoche For hereby witnesse giving evidence we must understand all partyes that any wayes actively concurr to judgement Whether they be the partyes litigant Plaintiff or Defendant as the Judge or the partyes assistant as Sollicitours Atturnyes Advocates Notaries and Clarks or such as are trusted with the execution either of Writs or Judgment The reason why Witnesse is onely named is because judgement doth so much yea necessarily depend upon Evidence and one kind and the same most usuall is by Witnesses Yet by testimony must be meant all other kind of evidence and in this Word is also a Synechdoche for by it we must understand all judiciall acts as Complaints Apologies convention plea sentence execution The meaning therefore of the Commandement must be this Thou shalt not any wayes concur to unjust judgement neither shalt thou hinder but thou must do thy best to promote justice in all causes and tryalls So that injustice in

charge to suborne or corrupt Witnesses and delay the finall decision which also is the sin of both partyes sometimes And few men continue charitable whilst they contend in law The many sins of the parties litigant are so well known that I need not give any further account of them As for Sollicitours and Atturneys § VI they must be skilfull allowed diligent faithfull perswading to peace and if that cannot be to be as carefull of their Clients cause as of their own Yet so as to do nothing against a good conscience and the rules of Christianity Their profession is lawfull and good but the design of many of them is to gaine and out of covetousnesse to enrich themselves Their end is not peace and justice They encourage men in their litigious suits perswade them of the justice and good issue of their cause and will undertake it though never so unjust They disswade men from agreement comply one with another to bring grift unto the Lawyers mill delay Judgement protract Suits give advantage to their Client's adversary either ignorantly or negligently or perfidiously They make large accounts exact immoderate fees and pick poor mens purses and so prove not onely Theeves against the former Commandement but enemyes to just Judgement against this The duty of Witnesses is to remember § VII and seriously consider their Oath and accordingly clearly and fully to declare the truth and all the truth they certainly know in that cause wherein they are produced And this must be done without any partiality or respect to any person with a desire to make way for and promote righteous Judgement Such as are willing to be suborned or corrupted and are ready contrary to their Oath and the true end of all judiciall testimonyes to testifie that which they know not or know not certainly or that which they know to be false or conceal any of their knowledge or use doubtfull expressions or equivocations or mentall reservations or contradict themselves or any wayes obscure the cause out of covetousnesse or fear or favour or hatred or any other inordinate passion and affection these directly transgresse against the expresse Words of the Commandement And further let every one know that as he is forbidden here to be a false Witnesse so he is commanded to testifie the truth certainly known unto him in any cause when he is called thereunto and the case of his Neighbour shall require it Nay in some cases we must willingly offer our selves when we understand that by our true and faithfull testimony we may prevent in justice either in clearing and righting the innocent or punishing the guilty The duty of Counsellours in Law § VIII and Advocates who ought to be skilfull in the Law so far as their place requires or else not to undertake the profession is to perswade men to peace if that cannot be done or be not expedient to take full and perfect information before either they give Counsail or undertake the cause If they find it to be unjust they must refuse to meddle in it or manage it They must give good and faithfull Counsail plead wisely justly effectually in a good cause be content with moderate fees remember the condition of poor Clients be faithfull do what they can to bring the matter to a due tryall and with as much expedition as conveniently may be The sins of these are many if they be corrupt or covetous Some take upon them the profession and practise in it though they have no sufficient skil They will undertake any cause though never so unjust their end is gaine not justice their God is their gold They give bad Counsell encourage the Clients to go on in an unjust cause or in such a matter as it 's more then probable they shall be cast if justice take effect They will plead against justice obscure a plaine truth puzzle and daunt a timerous witnesse are senslesse of their Clients condition perfidious will plead vehemently against justice and do what they can to pervert judgement will not use all diligence to promote justice In our judicial proceedings § IX according to the constitution of our government we have Juries or Jurors so called because they are sworn before they can act and in that respect also they are called Sacramentales These are either Delatory or Judiciall Delatory are for information and their businesse is to enquire after Delinquents and to certifie their names and their offences And they are either superiour or inferiour Superiours for a whole County at Assises or Sessions of the peace and this Jury is called the Grand-Inquest Inferiour are such as present and indite in inferiour Courts Judiciall are such as for the substance of the cause determine it for matter of fact before the Judges give the sentence for Law Their judgment is called a Veredict And these according to the causes are such as give their Veredict in civil or Criminal and capitall causes In civil causes belonging to the Common pleas the Judge between subject and subject in criminall betwixt King and subject And because some criminal causes are capi●al therefore such as are empa●eld and sworn for these are called the Jury for life and death All this makes it evident that amongst us judgement depends much upon these Jurours Their duty in this respect is that according to law they be Boni et legales homines and no wayes chargeable with such crimes as they accuse or judge which words according to the first institution did reach further then we ordinarily conceive It was the wisdome of our Ancestours to appoint these Juryes that every one might be judged per Pares by his Peers and such as were likely to know men best and their quality causes and offences The intention was the preservation ofliberty to prevent the impunity of offenders and to do every one righ● These must be men of understanding and integrity and must endeavour to be fully informed make just and impartiall presentments and give just and impartiall Verdicts Yet many of these are either unskilfull or unconscionable pact up of such persons as are for the person not the cause wranglers rash carelesse or soul corrupt and so are a great cause why innocent persons are condemned or 〈◊〉 in their cause and the guilty and sometimes such as are polluted with blood are acquitted In judgement also we have Notaries § X and also such as are trusted with the execution The Notaries and keepers of records have their duty prescribed in this Commandement and as they ought to be just and understanding men fitly qualified for their places so they should faithfully and truly record all proceedings from first to last and carefully and safely keep the records They must not be carelesse and negligent much lesse false in altering omitting or falsifying any thing nor unfaithfull in embezeling or making away any thing trusted in their custody Sheri●s Bailiffs Pursevants Constables or any imployed in execution must be carefull to give true