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judgement_n error_n reverse_v writ_n 13,861 5 10.3556 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37415 Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction. 1674 (1674) Wing D821; ESTC R33438 97,443 336

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Courts with meer Brables If they Doubt let them down with their Dust to the Noble Lawyers they 'l soon Resolve them Divinity is much in the Mother Tongue with Astrology and other Arts but who 's the abler Divine or better Astrologer if Coverted in Characters uncipherable by none but the Learned 't were the Better The Law not Blind-folded but visible to Discerning Judgments 2. That the Law is Lovely and out of Dispute a Paragon but Hooded too close and not Discernable by some open Eyes Is no Dis-worship and so slanderous Law-Terms words of Art and most significant The 36 of E. 3. allows of those Veils as Shades and Airs incident to Science vocables though obscure very Emphatical and most Expressive of the Law and best known to Lawyers the like in use with other Professions and so Incorporated with Law that they 're now become very Essentials therefore words of Art shall not be supply'd by words aequipollent or that tantamount to the same sense and force though in many other Cases it hold good For Example A. voluntarity without any Provocation or Abuse offer'd And of precogitated malice slew B. Is not sufficient in an Indictment in favorem vitae without murdravit In brief to throw by the Terms as too crusty for lay Teeth were an over-hasty Inspection And might Endanger the whole Firmament of Law Pleadings Graceful and most Necessary 3. For Pleading if meer Fidling and nugation strange the Ingenium sine Exemplo Maximum or Advocate Laureat at Common Law should Counsel the Student to set his Courage chiefly to learn the Art of good Pleading as the most Honourable and Beneficial Part of the Law The use of Pleas The Inveigler Imprisonable and Finable The end of Pleading is to unfold the Intrigues of the Case to Evidence the matter of Fact for Ex facto Oritur Jus that the Court might more smoothly and certainly Pronounce the Law If not pertinent and close to the Point in Debate Advantage may be taken by Demurrer And for the Falsity of the Plea the Judgment is Capiatur for which the Pleadant shall be Fin'd and Imprisoned But if Conscious of his Error He waive his Plea He shall only be in Misericordia or Amerc'd Fraud and Falshood Prohibited by Law Hence to avoid Fourching or Circuity of Action Negative Pregnants Departures with Duplicity and Multiplicity of matter are Rejected Because of Inveigling that is wavering the Judgment from one single Point which would render Causes vexatious and Endless The benefit of Pleading The Right Apparanted Many chance Cases happen which primâ facie seem Rugged and Knotty but thrown into Form and legal Method by orderly Pleading The matter is unknotted and appears more smooth and Glib for the Judge and Jury to arbitrate Justice Thus Pleading is no Inveiglement wasting of Time Pratling nor Prating But the chief Ornament and Skill of Law in unravelling the Knottiness to reduce it to an Issue The Law no Art without Form In brief Pettishly or sowrly for I find both Passions boiling Hot against the Lawyers to reject all Form were not only a great Take off and Lessening its true lustre and Dignity but on the matter doltishly Debasing it as no Science The Fairness of Legal Forms In E. 3. Reign Pleadings arriv'd to a Compleatness neither Limping nor Picked Counts were not Abateable if the matter or Cause of Action were fully Declar'd And now nice Janglings with all Ambushments pur Enginer the substance of the matter appearing are Rejected Viciousness in Pleading Disallowable 1. Every Plea shall be taken most strongly against the Pleader it being Presumeable that every one is best Apprised of his own Right 2. That none are so Idle and Coltish wilfully to vitiate their own Cause 3. That every one will turn the best side of his Coat outwards that is make the best of his own Case 4. By a false or vicious Plea the Pleadant loses the Advantage of the Law and must pay Costs Deluding Pleas Illegal Small Faults mendable By W. 1. shifting and beguiling Pleas are Prohibited and a late Act of the Qu. doth provide that want of Form shall not prejudice except what the Party Demurring doth specially shew so that Pleadings at present are not Prevarications or gingling quiddities meer Quirks or Quillets of Fraud But Forms of Art richly useful and more stately than Studs of Gold In fine Beau-pleader or Care in Pleading would prevent the Chancery of Trouble and save many sweet Pounds in the Clients Purse 4. By Arrest of Judgments many are thereby Dismis'd from being oppress'd the Circumstance of Fact by Error in Pleading more clearly Arising and Justice more safely and speedily Administer'd 5. For a Writ of Error which is no more then a Commission to discuss and reverse Mistakes I see no mischief thereby for the Manucaptors must stare Juri that is satisfie the Condemnation if the Judgment be Affirm'd neither will the Principal rendring his Body answer the Law without Satisfaction as in other Cases 6. The Inhibitions so much Exclaim'd on and voted obstructive by heady weak Judgments the Law is therein Defam'd because Mistaken for in their right Constitution they 're of admirable use and necessity To prevent Interfering of Courts keeping every Judicatore within its proper Bounds That the Cause be not wrested ad aliud Examen before a remediless Trier And the Client thereby between two stools fall to the Ground and be crush'd to pieces on good Cause shew'd that the Court has been mis-inform'd a Consultation by the 24 E. 1. is granted on Course and the Cause Remanded to its proper Court SECT VI. Par. 31. Complainings against Equity ADmitting the Common Law the Son and Heir apparent of Reason pretty Just and of easie Address the Courts of Equity with Dissenters are Burdenous sucking Shavers and gilded iniquity Being direct whirpools one order begets Another and we are still swung round Toss'd from Pillar to Post from Report to Exceptions Till our Pockets are turn'd outwards and at last Drown'd for want of white Earth to wade through For a Cause to be Depending several Revolutions of Mercury 3 or 4 Prentiships is frequent 'T is better to put up an Injury and throw our Right down Thames then pray Relief in Equity The charge so great the Delay Intolerable The Freekishness Responded For the sluggishness of Equitable Courts in Killing the Orator Piece-meal with swooning Fits and Reviving Him again as long as there 's any Life left in the Pouch is an ignorant Mistake They 're Rivers of Mercy in Asswaging the Grimness of the Law the Causes are often weighty having been long at Law and they usually put in at Equity for a Breathing as well as for a final Dispatch if they find some Pause they may fall out with their own Comitial Spirit or litigious Itch that will wrangle with Goliah for a wisp of straw not blame the Court that dare not to be over spurring in their Hearing lest they assign the Child