Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	action_n	case_n	judgement_n	767	5	5.9327	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A74899	Seasonable observations on a late book intitvled A system of the law: as it was contrived and published by the committee appointed for regulation: so far as it relates to the high Court of Chancery, and the fees and proceedings thereof: Wherein several proposals made by the said committee, are held unsafe and inconvenient; some are approved of, and illustrated; and others supplyed wherein the same are conceived defective: With further proposals, for the better regulation of said court, and more speedy and cheap hearing of causes. And an exact table. 1. Containing the fees now paid to the grand officers and patentees. 2. How much will satisfie the true labourers. 3. What wil [sic] be saved thereby to all suiters in the said court. Unto which is likewise annexed, the memorable case put by the late King James, to the then learned judges of the land, touching the power and jurisdiction of the said court, for relieving complainants after judgements given in the Courts of Common-Law; and how far the Statutes of Præmunire do extend to restrain the said court therein: With the reasons and resolutions of the said judges thereupon: Tendered to the consideration of the supreme authority: and published for the general good and information of all practitioners and suiters in the said court. / By Philostratus Philodemius.	Philodemius, Philostratus.	1653 (1653)	Thomason E705_4	41,217	70

Judgements and no matter of agreement afterwards 8. We finde in the said Cases not only the Bill preferred but motions orders injunctions and decrees thereupon for the releasing and discharging of the Judgements or avoiding the possession thereupon obtained and sometimes for the mean profits and release of Costs 9. We finde in some of the Cases that in this very point that Judgement hath been given hath been stood upon by the Defendant and alledged by them by way of Demurrer and over-ruled 10. We finde that the Judges themselves in their own Courts when there appeared to them matter of Equity because they by their Oath and Office cannot stay the Judgement except it be for some small time have directed the party to seek relief in Chancery 11. We finde that this hath been done not only in times of the several Chancellors but by the Judges themselves and that without difficulty while they sate in the Chancery in the vacancy or absence of the Chancellor 12. We finde the hands of sundry principal Councellors at Law whereof divers of them are now Judges and some of them in chief places to Bills of that kinde 13. Lastly there were offered to have been shewed unto us many other Presidents whereof we heard some read and found them to be of like nature with those contained in the Note Fran. Bacon Hen. Mountague Ran. Crew Hen. Yelverton AND whereas also our said Attorney received another Letter from our said Chancellor with a Case therein inclosed written likewise by our erpress Command dated 27. Martii 1616. directing and requiring him and the rest of our learned Councel together with the Attorney of our dear Son the Prince to consult together upon the said Case and to consider advisedly of all the points thereof and thereupon to peruse all the Statutes of Premunire or the Provisoes of all other Statutes as they should conceive to be necessary to be considered of for resolving the Question propounded in that Case and thereupon to report to us their opinions in writing concerning the same which Letter and Case therein inclosed follow in these words Mr. Attorney his Majesty hath perused this Case inclosed and commanded me to send it to you And his Majesties will and pleasure is that you Mr. Sergeant Mountague Mr. Sergeant Crew Mr. Solicitor and Mr. Walter the Princes Attorney that you confer together thereupon and consider advisedly and deliberately of all the parts thereof and thereupon to peruse all the Statutes of Premunire or Provisoes of all other such Statutes as you shall conceive to be necessary to be considered of resolving the question propounded in this Case this his Majesty would have to be done with mature deliberation and yet with as much speed as conveniently you can and when you have sufficiently informed your selves therein then to report unto him your opinions in writing and so I commit you to God and rest Your loving Friend T. Elsmore Chancellor York-house 27. Martii 1616. The Case A. hath Judgment and Execution in the Kings Bench or Common Pleas against B. in an Action of debt of 1000. l. and in an Ejectione firm of the Mannour of D. B. complains in the Chancery to be relieved against these Judgements and Executions according to conscience and equity allowing the Judgments te be good and lawfull by the rigour and strict Rules of the Common Law and the matter in conscience is such as the Judges of the Common Law being no Judges of equity being bound by their oaths to do the Law cannot give any remedy or relief for the same either by errour or attaint or by any other means Quest Whether the Chancery may relieve B. in these or such like Cases or else leave him utterly remediless and undone And if the Chancery be restrained herein by any Statute of Premunire c. then by what Statute or by what words in any Statute is the Chancery so restrained and conscience and equity banished concluded and damned Certificate According to your Majesties commandment we have deliberatly advised of the Case sent to us by the Lord Chancellor and of the Statutes as well those of Premunire as others as far as we take it may concern the Case And for our better information herein we have thought fit to send for and peruse the Original Records themselves remaining in the Tower of London of those Statutes not only appearing upon the Rolls of Parliament with the Kings answers which is the Warrant of the Roll of Parliament VVe have also taken into consideration as well Book-Law as divers other Acts of Parliament which may give light unto the Statutes whereupon the question properly doth grow together with such ancient Records and Presidents as we could finde as well which maintain the Authority of the Chancery as those which seem to impeach the same Opinion And upon the whole matter we are all of one opinion that the Chancery may give relief in the Case in question And that no Statute of Premunire c. or other Statute restraineth the same And because we know not what use your Majesty may be pleased to make of our opinion either for the time present or for the future we are willing to give some reasons for the same not thinking fit to trouble your Majesty with all those things whereupon we have grounded our selves but selected out some principal things which moved us to be of this opinion to the end the same may be a fuller object of your Majesties Princely Judgement whereunto we always submit our selves Prescription And first of all we must lay for a sure foundation that which was contained in our former Certificate concerning the continual practise by the space now of 120. years in the time of King H. 7. H. 8. E 6 Q.M. Q.E. of this Authority and that in those times when the same Authority was managed not only by the Bishops which might be thought less affectionate towards the Laws of the Land but also by divers great Lawyers which could not but both know and honour the Law as the means of their advancement Sir Tho. Moore the Lord Audly the Lord Rich Sir Richard Bacon Sir Tho. Bromley and Sir John Pickring And further the most of the late Judges of the Kingdom either as Judges when they sate in Chancery by Commission or as Councellors at Law when they set their hands to Bills have by their Judgements and Councel upheld the same Authority And therefore forasmuch as it is a true ground that optimus legum interpres consuetudo especially where the practise or custom passeth not amongst vulgar persons but amongst the most high and most scient Magistrates of the Kingdom and when also the practice of the same shall lie under so heavy a pain as the Premunire this is unto us a principal and implicite satisfaction that those Statutes ought not to be construed to extend to this Case And this of it self well known as of far more force to move your Majesty then any