Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	verdict_n	writ_n	2,316	5	9.5836	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39243	The priviledges and prerogatives of the High Court of Chancery written by ... Thomas Lord Elsmere ...	Egerton, Thomas, Sir, 1540?-1617.	1641 (1641)	Wing E540; ESTC R11911	11,675	26

most part wee have not the substance but the shadow of the antient Common Law Manet magni nominis umbra and therefore his Majestie at the first beginning of his gratious raigne of England did most princely prudently and iuditiously shew his mislike of the incertaintie of the Iudicature in his Courts of Iustice in England and require and commanded his Iudges to take mature consideration of it What followed I will say nothing Wherefore let the Iudges now consider how they observe in their Courts and proceedings the words and intent of this Statute whether after Iudgements the parties be in peace untill the Iudgement bee undone by attaint or errour whether after Iudgements in Writs of errour firme they suffer not new Actions and verdict against verdict and Iudgement against Iudgement without attaint or errour to the manifest deluding of the true and antient Maximes of the common Law and without regarding of the words of the Statute And thus suites for one and the selfe same cause are carried from Court to Court as power and might of the parties or favour or affection of the Iudges or corruption of Sheriffes or subordination or periury of Witnesses or such like shifts or tricks can best accomodate the businesse De Chartis regiis factis regum non debent nec possunt Iusticiarij nec privatae personae disputare nec etiam nisi illâ dubitatio oriatur possunt eam interpretari in dubiis et obscuris vel si aliqua dictio duos contineat intellectus Domini regis erit expectanda interpretatio voluntas eius sit interpretari cujus est condere Maneant termini patrum inter fines proprios se quisque contineat Sufficiant limites quos sanctorum patrum providentissima decreta Posucrunt Some notes and observations upon the Statutes of Provisoes and Praemunire especialy concerning the Chancerie and other Courts of equitie The words be 1. because some doe purchase in the Court of Rome provisions to have Abbies and Priories in England in destruction of the Realme and of holy religion it is accorded that every man that purchaseth such provisions of Abbies and Priories that he and his executors and procurators which doe sue and make execution of such provisions shall be out of the Kings protection and that a man may doe with them as of enemies of our Soveraigne Lord the King and his Realme Note the usurpation of the Church of Rome in this Case Iudged at this time to be the distruction of the Realme and of Religion And the partie himselfe and his Executors and procurators putting in execution such provisions iudged to be enemies of the King and Realme and out of the Kings protection and so in worse degree then Traytors and that therefore every man might iustifie the taking of their goods and killing of them and not to be impeached for it There is another Statute entituled Statute de provisorib declaring the great mischeife that the King and the Realme sustayned by the usurpation of the Pope in cases of provisions and reservations of Benefices reciting the Lawes ordained by King Edward the first and adding further remedie and severe punishment against the offenders and that no processe or sute should bee in these cases in the Court of Rome nor in no part else where Both these Statutes were specially provided to restraine the usurpation of the Pope and the Churches of Rome in these cases of provisions and reservations By the Statute Anno 27. Edward 3. it appeareth That notwithstanding the two former statutes Anno 25. Edward 3. yet the usurpation of the Pope and the Church of Rome was so exorbitant that the Nobles and Commons complained in this Parliament and prayed further remedie for the same alledging that divers of the people have beene drawne out of the Realme to answer of things whereof Counsance pertayneth to the Kings Court or of things whereof Iudgements be given in the Kings Court or which sue in another Court to defeate or impeach the Iudgements given in the Kings Court in prejudice and disherison of the King and his Crowne and of all the people of his Realme and the undoing and distraction of the Common Law of the same Realme at all times vsed This is the Mischiefe which was complained of and was desired to be remedied The Offenders against whom remedie is sought are these which draw any out of the Realme by plea Wherfore the Counsance being to the Kings Court or of things wherof Iudgements be given in the Kings Court or which doe sue in another Court to defeat or impeach the Iudgements given in the Kings Court Then the remedie provided is That such offenders shall receive punishment by two moneths to be before the King and his Counsell or in his Chancery or before the Kings Iustices of the one Bench or other or before the Iustices of the King which to the same shall bee deputed to answer in proper person to the King for their contempt done in this behalfe and if they come not then to be out of the Kings Protection c. Provided that when they doe come before they be out-lawed they shall be received to answer Now it will appeare manifestly that the intent of the Parliament was not to restraine or punish any that complayned and sued in the Chancery to bee releived according to equity and Conscience In Cases wherein by the strict rules and rights of the Common Law the Iudges of the Common Law could not releive them neither are there any words in the Statute which can without violence bee strayned or reathed to serve any such unreasonable Construction For the better understanding hereof the parts of the Statute are to bee devided and severally considered 1. As first the mischeife complained of 2. The offenders against whom the Complaint is 3. The remedie provided and against whom the forme of proceeding therein For the mischeife the Parliament finding that the Pope and Court of Rome did not only continue their usurpation in the Cases mentioned in the former Statute An. 25. Ed. 3. But did also extend it further in drawing the people out of the Realme to answer things whereof the Counsance pertaineth to the Kings Court or of things whereof Iudgements bee given in the Kings Court or by suit in another Court to defeate or impeach the Iudgements given in the Kings Court In prejudice c. In the preamble wherein this mischeife is declared it appeareth that the drawing of the people out of the Realme to answer to those Cases specially remembred was the greife of the people for which they prayed remedie But by suites in the Chancery to be relieved according to equity and conscience in cases in which the Iudges of the Common Law could not give remedy the people were not driven out of the Realme nor Iudgement given in the Kings Courts were not sought to be defeated or impeached but conscience and equity to be

the parties aforesaid and subvertion of the Common Law of the Land It is ordained and established that after Iudgement given in the Court of our Soveraigne Lord the King the parties and their Heires thereof shall be in peace untill the Iudgement shall bee undone by attaint or by errour if there bee errour as hath beene used by the Lawes in the time of the Kings progenitors For understanding of this Statute the question is Whether there be any thing in the word or intent of this Statute to take away or restraine or impeach the Iurisdiction of the Chancery to give remedy and releife according to conscience and equity in cases which cannot bee remedied by the strict rules of the common law by attaint or by Writ of errour For the resolving of this question is to bee considered what hath beene used by the lawes before the making of this Statute And to this point I must say I have not seene any record or President that the Court of Chancery hath beene restrayned to heare and determine causes of conscience and equity and to give reliefe accordingly as well after as before Iudgement given by the Judges of the Common Law But before the making of this Statute there bee many precedents and records to prove that the King and his Councell and the Kings Commissioners appointed to be auditors querelarum Court of Rome some pretending to have power and authority for the Pope did take upon them to examine such Iudgements to reverse and undoe the same which seemeth to be the point remedied by this Statute And this is within the direct and precise words of the Statute whereupon it may be inferred and concluded that is the words shall bee taken precisely in the strict sence Then the King himselfe and his Counsell and the Parliament who in time of the Kings progenitors used to examine reverse Iudgements shall be bound and restrained by the Statute But the Chancery medleth not with the reversing of the Iudgments given by the Iudges of the common Law but in allowing the same to be good and just according to the strict rule of the Common Law whereunto the Iudges are sworne doth examine only the equity of the case according to the rule of equity and conscience and taketh order with the partie to doe that which in equity and Conscience ought to bee done which the Iustices of the Common Plees hath no power to doe and that seemeth to be the true reason that the Statute doth not once mention the Chancery And it cannot reasonably be conceived that the Parliament meant to bind the Chancery which is not named or the King or his Counsell and the Parliament it selfe which are expressely named That they should not releive parties that are greived by the Rigour of the common Law against equity and conscience in cases which the Iudges of the Common Law cannot relieve thē by attaint or errour or otherwise For sententia Iudicis non praeiudicat veritati And sicut res iudicata naturalem obligationem non tollit Ita conspercatam laesamque conscientiam non purgat And some doe aptlie truely define equitie thus Equitas est publici iuris moderatio apectore Regio velut ab Oraculo petenda And another saith thus Equitas in potestate moderatoris esse debet multa contra scriptum facere et dicere Another saith Equitas iustitiae aciem retundit And Saint Augustine Lex quiaese ipsam molire non potest mitiganda est contemptus fraus dolus in Curia Regal neminisubuenire debent And furthermore for the true understanding of this Statute and all other Statutes this rule should be observed 1. to understand and consider what was the mischeife at the Common Law which the Parliament meant to remedie within this Statute It appeareth to have beene the reversing and undoing of Iudgements by the King or his Counsell or his Commissioners or Parliament which might and ought to be examined by attaint or errour as is aforesaid but not the ordinary Iuditiall proceedings in Chancery according to equity and conscience to give releife to the partie grieved by the strict rigour of the Common Law or in cases which could not be remedied by attaint or errour or by any other ordinarie meanes by course of the Common Law and where they in that equitable proceeding did not attempt to reverse or impeach the judgement given by the Common Law but to admit and allow the same to be good and just as is before declared The next is how this Statute was understood and expounded at and soone after the tyme of the making of that for in all cases contemporanea expositio is specially to be regarded and for it as I said before I have not seene any Record or Precedent that this Statute hath beene expounded to restraine the Chancery to proceede in their ordinary courses to give releife in cases of equity according to good conscience Nere the time of the making of it or many yeares after And I suppose no such materiall or effectuall record or precedent can be shewed And for later times as in the time of Henry the seventh and since the proceedings and examples bee so frequent and so plaine direct as nothing is more common and it is a certaine and true rule Intellectus currit cum praxi And if any ambiguity or doubt should bee conceived upon the words and intent of this Statute sith it concernes the jurisdiction of the Kings Courts which have no power nor authority but from the King whom they serve One Court ought not to take upon them to Iudge and deside their owne Iurisdiction and the Iurisdiction of another of the Kings Courts But then Bractons rule is to be holden that is that the King's interpretation is to be expected Who is to declare and expound all doubtfull or obscure words in Chartis Regiis factis-regum For all Statutes are facta regi● made at the request and by the consent of the Lords Spirituall and Temporall and the Commons And where some new conceits have beene lately imagined that the partie grieved should have complained before Iudgement or else not to be heard or relieved after Iudgement by reason of this Statute This is but a cavill and a Sophisticall distinction not worthie the answering For before hee bee hurt he hath no cause to complaine that which hurts him is the Iudgement grounded upon the stricktenesse rigour of the Common Law against equity and conscience and when he feeles the wound it is time for him to complaine to seeke remedie by complaining of the wrong which is done unto him by the rigour of the Common Law contrary to equity and a good conscience and of this sort be the precedents and examples before mentioned Lastly it is to bee lamented that the antient common Lawes are so much neglected and contemned and almost growne obsolete and out of use that for the