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
A50735	The speech of Sir Audley Mervyn, knight, His Majesties prime Serjeant at Law, and speaker of the House of Commons in Ireland delivered to His Grace James Duke of Ormond, Lord Lieutenant of Ireland, the 13 day of February, 1662, in the Presence-chamber in the castle of Dublin : containing the sum of affairs in Ireland, but more especially, the interest of adventurers and souldiers.	Mervyn, Audley, Sir, d. 1675.	1662 (1662)	Wing M1893; ESTC R904	35,291	43

Clerk of the Parliament appointed or to be appointed for the Commons House c. And more directly Accompt of the Tryal p. 46. in the point upon the Tryal of Harrison the Regicide Mr. Jessop was produced to attest several Orders of the Commons House Mr. Jessop being Clerk of the House Propos 5. That the English Quarters be ascertained from time to time until his Graces recess in 1647. and that all Quarters not so ascortained be adjudged the Rebels Quarters Sir The Qualifications are the Soul and Spirit of the Act and amongst the Qualifications that of living and enjoying their Estates reall and personal in the Enemies Quarters is velut inter ignes Luna minores it is the Elixir of them and therefore till those be ascertained from time to time we are as in a Labyrinth without a Clue It is offered to be ascertained from time to time for the motion of War is Planetary and there were Ebb and Spring-Tides according to the success of the Armies This will much expedite time and abate the Alamode sin of Perjury it will answer much the Proceedings of the Common-Law where a Prohibition lyes when the Bounds of Parishes are in question when a question is Whether Lands be in ancient Demeasn it is tryed by the Books of Domesday 3 Cro. 228. 5 H. 5 10. Heb. 188. This is the Shibboleth to distinguish an Ephraimite from a Gileadite and the Bounds of the Brook Kidron warranted the Judgment against Shimei Propos 6. That where two or more persons have claimed one and the same L●ands Tenements and Hereditaments by several Titles that such Persons Titles be tryed and ascertained before the said Commissioners proceed upon the tryall of innocency of any or eith●r of them Without this it will resemble some Games at Cards where the Protestant Defendant will assuredly have his Cards rust upon one hand or another for example three or four or more for that is usual claim the same Lands now their respective innocencies come first in tryal if three of four be judged nocent and one innocent by agreement to give it no other name amongst themselves the other Titles shall vest in him who obtaining his decree of innocency shall carry the Lands whereas re vera the Title was not in him and yet the Court according to this unreasonable Rule excusable as to the Judgment and the Protestants to the defence who cannot have cognizance of such privy and dormant Titles This Proposal answers but the Rule of enter-pleading in the Law wherein to give one instance of many Two several persons being found Heirs to Land by two several Offices in one County it is doubtful to the King 8 E. 4.6 to which of them he shall give Livery and therefore before Livery sha●l be made to either they shall interplead that is formerly tryed between themselves who is right heir Propos 7. That in all Claims the Titles to the Lands Tenements and Hereditaments be first tryed and that the Deeds of all Nocents be left in the hands of the Court there to remain What hath been offered to the last Proposal may in part serve to evince the conveniency if not necessity of this it hath its rise from a Maxim in our Law Frustra fit per plura quod sieri potest per pauciora for if it appear that the party hath no Title the labour of Tryal of innocency is saved 8 Co. 167. where it is probable Witnesses may strain the Point so far as to make themselves nocent before God to make another innocent before man and it is but consonant to the usual proceedings in Law that where it appears to the Court Cro Et 230. upon the Plaintiffs own shewing that he hath no Title though the Defendants Plea may be vicious yet he shall never have judgement Besides Sir it is to be observed That the Trial of innocency is by the Act of Settlement adopted into the place of an Office sound Stamfor 63 64.38 E. 3. 18. and so is in nature of traversing an Office in which case the Law is clear that none shall be received to traverse the title of the King without making a title to himself As to that part that desires the Writings of Nocent persons to be lest in the Court it cannot work a prejudice to them for the Lands being adjudged against them to what purpose will the Writings operate in their hands But Sir I correct my self they will have an operation and this puts me in minde of a plain but apposite similitude Sir in the North of Ireland the Irish have a custom in the Winter when milk is scarce to kill the Calf and reserve the Skin and stuffing it with straw they set it upon four wooden feet which they call a Puck●an and the Cow will be as fond of this as she was of the living C●l● she will low after it and lick it and give her milk down so it stand but by her Sir these Writings will have the operation of this Puckcan for wanting the Lands to which they relate they are but Skins stuffed with straw yet Sir they will low after them lick them over and over in their thoughts and teach their Children to read by them instead of Horn-books and if any venom be left they will give it down upon the sight of these Pitckan Writings and entail a memory of revenge though the Estate-tail be cut off Sir how little soever this may weigh yet in the Government of Rome when the Tarquins were put down not onely all moneys and Sculptures that might retain their memory were by publique sanctions decried but such Innocents as retained the name were forced to assume new ones The Israelites remembred the flesh-pots of Ægypt when Manna was before them but when they wanted water they murmured Propos 8. That where the Claimant claiming an Estate of Inheritance hath not set down his title certain in such case the Claimant shall be adjudged to claim in Fee-simple and not otherwise Sir To open this proposal matter of fact must be thus stated The Irish put in their claims generally under such expression That he is seized as of a Demeasn in Fee or Fee-tail or some other Estate of inheritance in use possession or remainder This hath been excepted against but it hath been over-ruled to be a very good form of pleading indeed it is Sir for one cause to take away all probable means where by the Protestant Defendant may maintain his Cause it indangers him not onely to loose his Land but first to loose his sence Those Presidents will inrich our Books of Entries as the German word Plunder did out English Dictionaries whilest it beggard our Nation Besides Sir to demand Oyer of any Deeds hath been over-ruled by the Court so that when according to the present proceedings We come to know the Title of the Irish Clymate We have no more time of defence then the Fowl hath that no sooner sees