Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	attorney_n	court_n	day_n	1,480	5	5.1441	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95984	The advancement of merchandize or, Certain propositions for the improvment of the trade of this Common-wealth, humbly presented to the right honoroble the Council of State. And also, against the transporting of gold and silver. / By Tho. Violet of London goldsmith.	Violet, Thomas, fl. 1634-1662.	1651 (1651)	Wing V578; Thomason E1070_1; ESTC R208173	121,676	189

of Trust but skilful men and men of Estates that if any miscarriage com their Estates might bee responsible to the State And whereas som men are of an opinion that they would have Trade free to Import all commodities and Export all without any restraint not for Leather Fuller's Earth Corn Wooll Ammunition Gold and Silver Horses and all other things that are the staff and staie of this Nation I would not write it but I have it affirmed by men of great qualitie that this is the opinion of som men that are in place and power Truly I humbly conceiv there cannot bee a more destructive thing to this Common-wealth then that those men's principles should bee followed And I humbly conceiv that it would verie greatly conduce towards the better management of Trade that if there were such Officers settled in the Custom-hous as by virtue of the ancient Laws of the Nation formerly were who were men of known qualitie and did not onely put in sufficient securitie securitie to answer to th● State what monie they received but also that they should well and faithfully execute their place in guarding all things prohibited Exportation and Importation and were also by divers Statutes deprived of Merchandizing Shipping and many other emploiments in the Common-wealth whereby they might solely attend their several services to the best advantage of the Nation About settling a Court of Merchants in London as it is in Roan Paris Burdeaux Lions in France and other parts of Germanie the Model is much after this manner 23. ONce everie year to caus a general meeting of the Merchants in Roan by common consent to chool a Prior and two Consuls to remain in their Autoritie for a year and so to bee yearly chosen according to most voices not onely the Merchants of Roan but also the Merchants Strangers beeing to bee presented an assistance in the said collection And this is don the beginning of Januarie everie year The Prior and Consuls may take unto their Assistants twentie Merchants or more or less as they shall think fit to assist them in the proceedings of their Judgments They are likewise to appoint one Counsellor and one Atturnie for this service and a Register and the Court to sit one daie in everie week to hear determine and dispatch the said Appellations by order of Roll for that purpose ordained And to give judgment between all men of what condition or qualitie soever of all Suits Controversies and Differences touching matters of Merchandizing or buying or selling as well for obligating Bils of Debt Receipts Blanks signed Bils of Exchange Answers by Sureties Associations of Merchants either general or particular Assurances Accompts Transportations of Bils Bargains and Partnerships for matters aforesaid or any thing belonging thereunto Commanding all people Judges and any other of what condition soever that they permit the Merchants to use and enjoie this benefit plainly and peacefully without any contradiction notwithstanding any Ordinance Customs Statutes Privileges Commands or Letters to the contrarie The Reason wherefore the King of France set up a Court of Merchants is declared becaus the Merchants were the first setters up and inventors of commerce together with the Order and use of Exchange and by that means had the best and soundest understandings to bee Judges in these cases and therefore he did institute them to bee principal Judges That upon the Prior and Consul 's choosing immediately they take an Cath in the presence of all the Merchants there assembled promising duly and faithfully to execute Justice without any regard either to poor or rich or private interest as other Judges do when they are newly established in their Government And the Merchants that are called to assist the Prior or Consuls are to bee sworn to do Justice everie time they are requested to assist the Court of Merchants And all Jailors and Keepers of Prisons are commanded to keep and arrest the prisoners committed unto them by the said Prior and Consuls as they do the prisoners of all other Judges under the same penaltie and bonds without demanding leav or licence of other Judges or any other person whatsoēver And all Judgments of the said Prior and Consuls shall bee executed throughout all the King's Dominion bee it by attachment of goods and sale thereof arrest and imprisonment of persons condemned as also by penalties and forfeitures of monie according to the caus of the offence And all Noble Personages and others as well Spiritual-men and Laie-men of age or under age or their Deputies using and exercising the Trade of Merchandizing or Exchange shall in that respect bee subject to the Power and Autoritie of the Prior and Consuls and all other Judges are forbidden to intermeddle concerning such debates and differences growing between Merchants And the said Priors and Consuls with the Merchants their assistants are required to bee just and careful and so to avoid giving of offence to other Judges by rash hearing The said Consuls and Prior have likewise in charge the punishing of all frauds abuses deceits falsification and all other ill dealing in Merchandizes and all abuses committed in the cours of Exchanges All Civil Causes between men of what qualitie soëver besides those which concern Trade of Merchandize or matters of Exchange bee all exempted from the Jurisdiction of the Prior and Consuls the partie or parties grieved may accuse the said Prior and Consuls other Jurisdictions of this Court if they have lawful caus so to do and that not in writing but by word of mouth in the presence of them they charge And their accusations shall bee summarily examined justly decided and if the said Prior or Consuls bee parties then the Priors or Consuls for the five last years past or so many as are in beeing shall adjung the caus And if the said Prior or Consuls shall bee accused and justly proved of any corruption then they are not to give sentence but the most ancientest and eminentest Merchants and those that have the first preheminence in the Exchange shall sit in the place of the said Prior and Consuls and give Judgment without any salarie to bee given to the said Merchant in regard of their judgment and the Merchant that shall bee chosen Prior Consuls and Clerks of the Court must bee free Denizens or els naturalized and married in the Citie of Roan The elections of the said Prior yearly must bee made before a Committee of two Counsellors named and deputed by the Parlament for that purpose and the Clerk of the Ensurance Office must bee an Inhabitant in the Citie of Roan in som publick and eminent place which shall bee assigned for that purpose And in Paris you have one Judg and four Consuls with the like Jurisdiction as they have at Roan for Merchants and by their Charter charging all Judges not to intermeddle in any caus concerning Merchandize and Exchange upon the penaltie of making void the Suit and of Arbitrarie amercements charges and damages

see the workers make all fine Silver and everie sort of this Manufacture to bee according to the rules settled by your Honors Many other things I could enlarge my self in concerning this Trade but shall respite them for the present and humbly submit my self and all that I have here said to your Honor 's grave consideration Signed THO VIOLET Decemb. 18. 1650. WHereas the Gold-Wier-drawers and Refiners of London have presented to the Honorable Council for Trade the draught of a Corporation as it is desired by them it is utterly destructive to the Common-wealth and I do most humbly desire the Honorable Council for Trade to take notice that som of the Gold-Wier-drawers of London in the behalf of themselvs and divers other Wier-drawers of London did Petition the late King for a Corporation in March 1634. and in April 1635. confessing the many abuses practised in the managing of the same Trade which were then under no government did desire in their Petition that by his Majestie 's gracious care they might bee reduced into Government and made a Corporation and that they might have one or two Refiners such as the Wier-drawers should deem fit to bee added to their Corporation and excluding all the rest of the Refiners that were Hous-keepers or Free-men and onely themselvs might solely have the Order and Government of the Trade and the Regulation of the said Manufacture And in consideration of this the Wier-drawers offered the late King for his favor in that behalf to paie to him and his successors one thousand pounds per Annum and 2 d. the Ounce for everie Ounce of such Bullion and Forrain Species as they should use in their said Manufacture over and above the currant price of the Merchants And about the same time the Companie of Gold-smiths beeing at the late King's Council-Table did there charge several abuses and high misdemeanors upon som of the Refiners of London and other persons as will appear by the Council-Table-Books and by the Records and Journal Books at Goldsmith's Hall if one could com to the sight of them for it cannot bee imagined the Companie of Gold-smiths would give so high a charge as they did against som of the Refiners and som Gold-smiths but they have the Charge recorded in their Books which I humbly desire the Council of Trade may have a Copie of that so they might see the abuses in the Trade of Refining and Wier-drawing and who were the offendors and no question but the same abuses are practised still if there were an examination and power given to the Surveior of Gold and Silver-Thread to finde them out The truth is that upon the complaint of the Gold-smith's Companie at the Council Table of the several abuses in the Trade of Refining and Wier-drawing the Wier-drawers conceiving the late King and his Counsel would put down the wearing and working of Gold and Silver-Wier and Thread and punish the offendors in Star-Chamber and knowing what would move and bee most taken in Court I saie the Wier-drawers voluntarily and of their own accord did com and petition and made friends that their Trade should bee continued And this Model was laid to have a Monopoly to som Wier-drawers and Finers as aforesaid and in the pursuance of this project of the Wier-drawers they had many meetings with Sir Ralph Freeman Sir Ralph Whitfield and Master Nathanaël Tompkins and divers others where the whole drift was to exclude all the Refiners but one or two from their trades And in consideration thereof that they would for this great grace and favor their own words paie two pence the Ounce and one thousand pounds a year to the late King It is as true that upon complaint of som of the Gold-smiths several Refiners and Gold-smiths were proceeded against in the Exchequer and Star-Chamber for melting down the currant Silver Coins of the Nation for buying Gold and Silver above the price of the Mint and for refining of Silver contrarie to a Statute made in Henrie the seventh's time and it is as true that I Thomas Violet was informed against in the Star-Chamber and Exchequer for all these offences and beeing to bee examined upon Interrogatories against my self both at the Council Table and Star-Chamber and before Master Atturnie Noie and Master Atturnie Banks I did refuse to bee examined upon Interrogatories such as Master Atturnie General had exhibited against mee in Star-Chamber for I knew if I had denied them the Atturnie General could prove them on mee by som Gold-smiths and others that had voluntarily confessed against mee that I had transported Gold and that I had melted the currant heavie Silver of this Nation and that I had sold Silver and Gold above the price of the Mint Whereupon that most Honorable Gentleman Sir John Coke Secretarie of State after that I had oftentimes been examined at the Council-Table and at the Star-Chamber Office and for refusing to answer to their questions had suffered close imprisonment for above 20 weeks beeing close prisoner to several Messengers viz. Measie Stockdal and Barker for all that time to the loss of my Trade which was then greater then any Gold-smith's in London I saie that great States-man had a noble care of mee and sent for mee shewed mee what was proved against mee and withal a Warrant that hee had signed by Order of the late King and his Privie Council for Master Atturnie General to bring mee to the Star-Chamber-Bar the next sitting of the Court and there to crave the Judgment of the Court against mee his Charge beeing taken against mee pro confesso Whereupon Secretarie Coke became a Petitioner to the late King that before hee delivered Master Atturnie the Warrant to proceed against mee hee might send once again for mee and hee told the late King that hee was of an opinion that when I saw my danger and how I was discovered by those that held mee fair in hand and were the men that did betraie mee I would bee so ingenuous to my self to keep mee from a ruine to confess the truth and all that I knew upon oath against those that had discovered mee and my so doing would bee much for the service of the State and to this effect when I spake with Secretarie Coke was his Discours to mee not giving mee a quarter of an hours time to return him my answer nor suffering mee to go out of his sight When I saw the Snare I blest the Fowler which was Sir John Coke who had traversed mee in France and intercepted my Letters though not written to mee by name knew a great part of my proceedings there about my Transporting Gold and hee had many Goldsmiths that hee sent for which confessed to him that weekly I had bought great quantities of Light English Gold of many Gold-smiths of London and I was to bee forced to give an accompt what I did with it And som other of my Factors that I had dealt with in France Sir John Coke

of Bullion as the regulation of Merchants-Strangers in their waie of Trade do humbly conceiv 1. That if the Statute of 2 Hen. 6. cap. 6. enjoining Merchants-Strangers to give securitie in Chancerie not to transport the Monie or Plate of the Realm And the Statute of 3 Hen. 7. cap. 8. enjoining them to emploie the monie they receiv in the Merchandize of this Nation 2. And that to the Statute of 5 Rich. 2. cap. 2. and 2 Hen. 4. cap. 5. The Parlament would bee pleased first to declare who shall bee reputed Aliens for that since the sitting of this Parlament the children of aliens born in this Kingdom are reputed free born subjects and do enjoie their privileges accordingly which in former times was not allowed till the third descent Secondly To declare by Ordinance that the Estate of him or them that shall Export Monie or Plate shall bee immediately sequestred 3. To impose a severe penaltie upon the Master of such Ship or Vessel upon which any Monie or Plate shall bee found above his ordinarie charges hee beeing privie thereunto 4. To allow to such as shall discover or finde out any Bullion or Plate endeavored to bee transported a greater share and proportion then by the Statutes in that case is yet provided 5. And to settle som waie of punishment for such as shall resist or abuse Officers sufficiently autorized in their endeavors this waie on the State 's behalf The said Commissioners and Officers do humbly conceiv That it would bee a good means to deter such who by all secret means do daily endeavor the Exportation of the Coin and Bullion of this Kingdom and much prevent the Exportation thereof All which nevertheless they humbly submit to the Wisdom of this Honorable Committee Tho. Daws Col. John Hollowaie Comptr. R. Carmarden Super. Vis Edw. Watkins Searcher W. Tooms Super. Vis Gen. Walter Boothbie Rich. Bateman Sam. Averie Christoph Pack Charls Lloid The Officers of the Mint in the Tower of London whose names are here under-written in pursuance of the directions of the Honorable Committee of the Navie in relation to their Order dated the third of December present do humbly conceiv and certifie as followeth THat to prevent great abuses practised upon the Coin and Bullion of the Nation which is transported out of the Nation as also to prevent the culling and melting down the currant Monie of the Nation and for the discovering of such as have offended to bee brought to Justice to deter others from acting the like abuses for the future do humbly conceiv That according to the President of the 14 Rich. 2. cap. 12. a Commission bee granted to make enquirie through the Realm of such as had conveied the Monies of England out of the Nation to make enquirie after all such as melt and cull out the heavie currant Monie contrarie to the Statute of the 4 Hen. 4. cap. 10. none to melt the currant Silver Coins of the Nation upon pain of forfeiture four times the value That 2 Hen. 6. cap. 12. It is ordeined that neither the Master-worker of the Mint nor the Changer for the time beeing neither sell or caus to bee sold nor alien to no other use but apply the same wholly to Coin according to the tenure of the Indenture of the Mint made between the King's Majestie and the Master of the Mint to declare by Ordinance That what Gold-smith or Changer shall buie Gold or Silver and convert it to any use to transport shall forfeit the value To declare by Ordinance that according to the 5 and 6 Edw. 6. cap. 19. an Act touching the Exchange of Gold and That whosoevër give 's more for Gold and Silver then it is or shall bee declared shall suffer imprisonment by the space of a year and make fine at the pleasure of the State The Mint cannot bee emploied nor the transporting of treasure stopped if som cours bee not speedily taken to discover these great abuses And alreadie almost all the Gold is transported out of the Nation and the Silver followeth it apace as is prudently insisted upon in the late Petition of the Citizens of London to both Houses of Parlament Wee humbly conceiv that the making of this discoverie throughout the Nation of such as have or shall transport Gold and Silver into parts beyond the Seas and of such as have or shall melt down the currant Gold and Silver Coins of the Nation or have or shall buie Gold and Silver at above the price of the Mint the practice of which abuses if not timely prevented is likely to bring speedie destruction to the Trade of this Kingdom which is presidented Anno 4 Rich. 2. c. 2. when the Nation found the same mischief as wee now suffer under by transporting of treasure And Anno 5 and 6 Edw. 6. cap. 19. by giving for Gold and Silver above the price of the Mint As it will bee a service of great importance to the Publick affairs and bring great advantage to the trade of this Nation so it will draw with it a verie great charge Which if Master Watkins will undertake hee will deserv highly to bee encouraged Nevertheless wee humbly submit the premises to the Wisdoms of this Honorable Committee John St John Warden Robert Hartlie Master Henrie Cogan Comptr. December 20. 1647. THese Gentlemen by reason of their places in the Custom-Hous and Mint within the Tower of London their long experience in Merchandize and Trade of this Nation I humbly conceiv their Certificates will leav a great Impression upon the Parlament and on the Honorable Committeee that are appointed to report this Act that what these Gentlemen have certified hath been don upon a great deal of consideration and upon great experience with all their best skill and judgment for the service of this Nation in this most weightie business it tending so highly to the safetie and welfare of the publick and the delaie of passing this Act in its full force and vigor will one daie bee found to bee highly destructive to this Nation and that the design hath been set on foot and prosecuted to hinder the Act from passing is don by som people that have made themselvs fortunes by these wicked practices and though they dare not speak against the Act yet they labor to stop it and delaie it or to procure the altering of it that it may bee uneffectual to give a stop to these mischiefs which I hope they shall never bee able to effect I would have these men to know Justice is slow but it is sure and I am assured they will bee discovered and brought to Justice when they least think of it forbearance will bee no paiment and this Act will bring their dark actions to light when it is passed the Hous Besides these former Certificates the Act now committed was drawn up by a Committee of the Council of State and I was required to attend the Right Honorable Sir James Harrington in Januarie