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	plead_v	6,492	5	9.1918	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14305	The arraignment of slander periury blasphemy, and other malicious sinnes shewing sundry examples of Gods iudgements against the ofenders. As well by the testimony of the Scriptures, and of the fathers of the primatiue church as likewise out of the reportes of Sir Edward Dier, Sir Edward Cooke, and other famous lawiers of this kingdome. Published by Sir William Vaughan knight.; Spirit of detraction, conjured and convicted in seven circles	Vaughan, William, 1577-1641.	1630 (1630)	STC 24623; ESTC S113946	237,503	398

the Kings writ of Prohibition lies against such actions commenced in that Court 3 That mixt actions belong to the Common law NOw let me draw neere to a more resplendant light to your rich magazin of laws Right learned Cooke Englands admired Bartole in whose profound intelligence concur the spirits of many famous wights not after the Pythagorean transmigration but after the transmutation of Elisha which receiued the spirit of Elias For who knowes not that the obscurest and doubtfull Reports of Dier Brooke Plowden and of many other sage Writers are most plainely reconciled in your Reports with mellifluous iudgements of your owne conceits I will therefore aduenture like Noahs Doue to crop some of your choysest O liues Touching Defamations determinable in the Ecclesiasticall Court it was resolued in the Kings Bench betwixt Palmer and Thorpe according to the right learned collections of Sir Edward Cooke Knight Lord chiefe Iustice of the common pleas en le quart part de ses reports that such defamations ought to haue three things incident First that they concerne matters meerely spirituall and determinable in the Ecclesiasticall Court as to call a man Hereticke Schismaticke Aduowtrer Fornicator c. Secondly they must concerne matters meerely and onely spirituall for if such defamations touch any or some thing determinable at the common Law the Ecclesiastical Iudge shall not take knowledge thereof Thirdly although that such defamations be meerly and onely spirituall yet notwithstanding he that is defamed cannot sue him there for amends and damages but the suit ought to be onely for the punishment of sinne pro salute animae for the soules health And for the first and second which is incident the case en 2 2. Edward 4. 20. was recited to this effect The Abbot of S. Albons sent his seruant for a woman couert to come and speake with him The seruant performed his Masters commaundement And thereupon the woman came with him to the Abbot And when the Abbot and the woman were together the seruant which knew his Masters will retyred from them and left them together in the chamber alone Then the Abbot said vnto the woman that her apparel was grosse and course to which the woman answered that her apparell was according to her ability and according to her husbands ability The Abbot knowing in what things women repose their delight replied vnto her If she would be ruled by him that she should haue as good apparell as any woman in that Parish and sollicited her chastity When the woman would not consent vnto him the Abbot assaulted her and would haue made her a lewd woman against her will the which the woman would not suffer Whereupon the Abbot detained her in his chamber against her will to the entent c. The husband hauing notice of this abuse done to his wife spoke of all this matter and said that he would haue an action of false imprisonment against the Abbot for that he had imprisoned his wife vpon which the Abbot adding one sinne to another sued the innocent poore husband for defamation in Court Christian because the husband had published that my Lord Abbot had sollicited her chastity and would haue made her a naughty woman But vpon all this matter disclosed to the Kings Court the husband had a Prohibition by reason that the husband might haue had an action at the common law for this affault and imprisonment of his wife although then at the first he had not any action nor peraduenture at any time would haue had Yet because the scandall determinable in the Ecclesiasticall Court was vpon all the matter being disclosed mixt with a matter determinable at the common law for this cause vpon motion made by the Abbots Councell to haue a consultation in this case that was denied him by the Court. For the third point which is incident viz. That the Defamed cannot sue for amendes and damage in Court Christian though it be meerely and onely spirituall It was enacted Articul cleri cap. 1. 2. 3. that the Kings Prohibition should hold place if a Prelate enioyned a penance pecuniary to any man for his offence and it were demaunded Notwithstanding if Prelates enioyne a penance corporall and the party will redeeme such penance by money if the money be demaunded before a Iudge spirituall Prohibition shall hold no place But leauing the Statutes at large to be considered by the Reader that desires to know them I will returne to the Reports of that rare Treasurer of the common law Sir Edward Cooke for words of detraction actionable and forth explanation of the Ecclesiasticall power in such cases Anno 35. Eliz. Anne Dauies plaintiffe declared that she was a Virgin of good fame c. Whereas one Anthony Elcocke Citizen and Mercer of London of the substance and value of three thousand pounds desired her for his wife and for that cause had communication with Iohn Dauies Father of the said Anne and was ready to conclude it Iohn Gardiner defendant premissorum non ignarus to defame the said Anne and to distaste the said Anthony from proceeding forward vttered and published of the said Anne these wordes I know Dauies daughter well mentioning the said Anne she dwelt in Cheapside and there was a Grocer that did get her with childe And being admonished by some that were present and heard him that he should be aduised what he spoke of the said Anne he said further of her I know very well what I say I know her father mother and sister and she is the youngest sister and had the childe by the Grocer By reason of which wordes the plaintife was greatly defamed so that the said Anthony vtterly refused to take her to his wife To this the defendant pleaded not guilty and by a Nisiprius in the County of Buckingham the Iurors found for the plaintiffe and assessed damages to two hundred markes Then it was moued in arrest of iudgment by the Counsel of the defendant that the said defamation of incontinencie concerned the spirituall and not the temporall iurisdiction And therefore as the offence should be punished in Court Christian so the remedy for such defamation ought also to be there For cognitio causae non spectat ad forum Regium Euen so if a man be called a Bastard an Heretique a Miscreant or an Aduowterer because they appertaine to the Ecclesiastical iurisdiction no action lies at the common law But it was answered by the plaintiffes counsell and resolued by the whole Court that the action was main teynable for two causes first because that she was punishable by the Statute de 18. Eliz cap. 3. if she had a bastard And although that fornication or aduowtry be not examinable by the common law for that they are done in secret and peraduenture are vncomely to be openly examined yet neuerthelesse the hauing of a bastard is a thing apparant examinable and punishable by the said acte Secondly it was resolued that the action was