Selected quad for the lemma: judgement_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n court_n judge_n law_n 3,614 5 4.9602 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88875 The courts of justice corrected and amended. Or the corrupt lawyer untrust, lasht and quasht. Wherein the partiall judge, counsellour, great mover, whispering informer, favourite at the bar are fully displayed, convicted, and directed. By W.L. Esquire. Presented to the honourable House of Commons, and by them approved of.; Just lawyer his conscionable complaint against auricular or private informing and soliciting of judges. Lambarde, William, 1536-1601. 1642 (1642) Wing L86; Thomason E108_31; ESTC R22218 9,135 17

There are 2 snippets containing the selected quad. | View lemmatised text

THE COVRTS OF IVSTICE Corrected and amended OR The Corrupt Lawyer untrust Lasht and quasht Wherein The Partiall Iudge Counsellour Great Mover whispering Informer Favourite at the Bar are fully displayed convicted and directed By W. L. Esquire COKE lib. 6. 47. Multa conceduntur per obliquum quae non conceduntur de directo Presented to the Honourable House of Commons and by Them approved of London printed for George Lindsey 1642. THE PVBLISHER TO THE PERVSER THe difference of mens dispositions and degrees as we may dayly note produceth different Effects as welin reproving vices in approving Vertues as on the contrary Every one expressing himselfe by Lips or Letters according to the suggestions of that good or evill spirit whereby he is induced or seduced This man being of a temperate and sober qualitie envies against Riotousnesse and Intemperance That man addicted to labour and thriftinesse accuseth our fashion-following Gentry of Sloth and Prodigalitie So in particular the Author of this Treatise spending his dayes in the study and practice of the Law wherein hee grew to such proficiencie alwayes directed by integritie as made him famous both for learning and honestie whose name neverthelesse for some causes I conceale many yeares sithence as one pathetically moved with the corrupt courses used and the excessive Bribery affected in those dayes by his Brethren learned in the Lawes especially the more eminent sort and the continuall condescending or proclivitie of the Judges not onely to their unjust motions but to the private and undue sollicitations of their owne Menials besides their Friends and Favourites at large and their partiall profering or hearing of some Heads before others at the Barre of Justice whereby many a Client in his just cause hath suffered wreck perished contrary to Law al equity good Conscience That black Swan or honest Lawyer spared sometime from his others studies to pen these Animadversions which albeit the same cannot extend nor may any way enure unto the least impeachment or contumely of our honorable Judges in these times who I ingenuously acknowledge and fame declares to be of a most reformed and unimpeachable condition yet may it serve as a Caveat and humble Information to the uprightnesse of them and their Successors for the preventing and avoiding of the like abuses to be offered by their friends of followers or by any such ill-conscienced Advocates whereof there are too too many I feare still abiding or new started up and also as a Memento for all men to note the plausible and happy alteration in Courts and courses of Justice the ancient with the modern proceedings duly compared And likewise all those Trespassers viewing as in a glasse their owne deformities or rather enormities herein so lively represented and publiquely declared may happily be incited either for feare of shame or for the gaine of an honest name to become conscionable Convertites And for my part with and in favour of every well-meaning and abused Client I wish all such Lawyers to be speedily converted or subverted and so conclude Editor Benevolus ad Causidicum iniquum Nec ●…e vulgantem reprehendas has neque charta Ne tua te vulget lingua malignareum Ad librum Te nolunt culpare boni bonitatis amore Te nolunt culpare mali formidine probri Animadversions upon Courts of Iustice ALl Lawes both divine humane all the Counsells of learned vertuous polititians do concur joyn in this point that it is the office of an upright Judge Investigare verum to trace out the very truth of the cause in Judgement before him 〈◊〉 secundum veritatem sententiam dicere and give sentence according to the truth So in doing that office he ought not to respect the person of any but altogether to set up for his marke the Cause with the circumstances thereof being assured that Qui●quide●tra causam est persona est And therefore the Embleme of a Judge was rightly pourtrayed with wide ears but without eyes at all to denote that he ought fully and patiently to heare the whole Cause but not affectionately to respect any party that hath to meddle therein Altera●uris Accusateris altern R●● est res●●vanda The purpose of a whisperious Informer ON the other side the very drift of a whispering Informer is either to allure the Judge from that Indifferencie which he ought equally to nourish between both parties in suit to a partiall disposition in favour of the one aganinst the other of them or otherwise to shore up the Judge as it were when he suspecteth his inclination to the adversarie In both which he bewrayeth an unreverend conceit and opinion of the Judge whom in the Court of his owne heart he hath already condemned of Infidelitie in the one because he suspecteth him to be drawne away to his disfavour in the other because he hopeth to winn and fit him to his owne bent and desire And Mur●● aheneus a wall of brasse whom neither the wind of secret sollicitation nor the storme of mighty threats nor the showre of Crocodillian teares ought once to remove shake or mollifie For if this Informer were rightly perswaded of the integritie of the Judge what necessity can he pretend to sollicite what reason can he yeeld why he should not permit them to sit downe and rest in his owne sinceritie Yea why should he endevour to move him for so they terme it unlesse he thought him to be light and movable or finally to what end doth he causelesly waste his own labour and vainely obtund the cares and interpell the Affaires of him How speciously soever therefore these our Cabinet Inchanters shall pretend in words either that they desire none other than Lawful favour a thing that is not indeed since Law is indifferent and favour partiall or that they seeke onely the good and equall conscience of the Iudge which they might find without labour or that they sue for expedition onely or that the Cause may be advisedly weighed both which in most of these cases were but to plague their owne Client Or that according to the anciently allowed manner of intreating a Judge they require no more at his hands but quot salva fide facere possit that which he may doe with the safety of his duty yet is there evermore an irreconcilable dissention between Justice and their desire who what semblance soever they make to the contrary doe indeed hawke and hunt the game o● favor to the endangering of their owne conscience and the wrong of the one of the parties and that both with the dishonour and deceit of the man that sitting in the place of God ought to deliver even and upright Justice to all that come before him And so are all their sacred speeches but Syrenean voyces the poyson of Aspes and the very quintessence of abuse and corruption The sorts of Informers BUt now more particularly As these Chambers be either the very parties in suit or their friends and those friends
of his adversary These Cormorants are crammed even to the full-filling of their greedy gulfe the scale of Justice suffereth reproach The Judge himselfe is laid open to the danger of any stirring enemie that will sift or fanne him The Prince of the people being the well-head of Justice is abused in his vicarie good men sobbing for griefe and naughty packs laughing in their sleeves at it who also doe evermore requite such their misbegotting favour with this thankfulnesse that their tongues doe continually itch untill they have blabbed abroad all the manner and meanes of atchieving their injurious desires and corrupt Conquests The Remedie THe Remedie of all which evils is so easie that the same is not onely at hand but in the very hand and power of the Judge himselfe For if he be willing to maintaine the authoritie and countenance of his call he may Alto vult● with a lofty looke take it unkindely at the hands of his Better equall or inferiour friends blaming them with the touch of his Credit for their so unadvised tampering with him in matter of his iudiciall and sworne dutie Hee may also with one word of his mouth command his owne curres to couch and to cease their barking Hee may likewise send the Suitor to the Court and his Counsellour to the Barre and consequently rid himselfe and house of all this unquiet kennell and thereby redeeme many a good houre which he may bestow partly for his needfull recreation and partly in the studie and meditation of such matters as be serviceable for the place that he holdeth Objection But now if this Justicer will justifie himselfe and say that howsoever the way seeme to lend his outward care to those importunities the which it is hard in these last and worst dayes for any man to avoyd that meaneth not to be at difference or war with all the world yet notwithstanding his heart is upright and that he doth and will doe according to the exigencie of his oath and office Answer Let him also give me leave to say with the merry Poet Credat Iudaeus Ap●ll● non ego for as it is hardly credible that a●y castle which is continually battered should not be taking at length or that any woman which admitteth all whores should not apply to some one So can this man never excuse himselfe to the world-ward but that by such affabilitie and ready care he mini●●●eth just suspition of swerving from the Levell of true Justice and that he giveth passage that he playeth 〈…〉 being no small cause that himselfe is so vexed and mispendeth his time If he will reply and say that to ●ast of this Cause before the hearing avail●th no lesse to his in●tru●tion then to the speed of the service I will acknowledge it so as the same be done indifferently but how that may be performed without the presence of both the parties or of their Counsell faine would I learne For to place the one side alone were in a matter judiciall to be possest with prejudiciall conceit and to heare them suddenly were besides the losse of time but to be willingly abused since either side may at liberty offer what he will if the other be not present to confront him Nay the world that is now a dayes curious and sharp-sighted doth well enough perceive that evermore after such crafty suggestions so apprehended the 〈◊〉 keepeth not the alley but ●●yeth out by one ●ranke or other So as though the Cause in question taketh not a direct or downe-right blow by judgement in Court yet shall it by some obliquitie crawle away with the backe thereof broken whether it be by reasoning it to a private hearing by drawing it to a long and tedious prosecution by committing it to a partiall report by referring it to some unequall arbitrement or by one or other indire●t thwart that shall carry no l●sse injustice with it then if the judge himselfe were utterly corrupted and perverted Admonition to all sorts TO conclude therefore let everie good and true Friend 〈…〉 of the Judge if at the least they be desirous to maintaine the fame of his integritie hold it someere sacriledge and profanation of justice once to attempt him in the part of his jurisdiction which ought to be unto him a most chast and undefiled virgin Let them also look to them selves and not only weigh as I said with what good warrant of conscience they thus interpose themselves in a matter to them hardly halfe knowne but also remembring that it is forbidden maintenance by the Law of their Countrey to embrace a ●urie to sollicite a Iurour to fee a Counsellour or to give countenance at the Bar in another mans suit let them I say consider of what nature it is and what it deserveth to labour ply and wrest the Iudge Counsellours also must keep their proper station and containe themselves within the duties of their calling for they know that howsoever they represent the verie parties and ought to assist them yet that must be usque ad aras and they may not be feed against a known truth for the beating out whereof that it may be ripened for judgement they be used as necessarie and most lawfull instruments So far ost it is that they should abuse their learning wisdome eloquence and other gifts to the perverting of truth and subverting of right by seduction or corrupting of the Iudge that holdeth the beame of the Causes in Balance As for the Iudge himselfe let him not feare to lanch his boat into the deep where is Sea-roome sufficient and let him rest upon God whose image he is and stir up those Divines Talents which he hath received utterly forbearing to saile neere the Shallow and 〈◊〉 of this most dangerous Sollicitation So may his Prince joy in the choyce of him so may hee march on cheerfully maugre whatsoever enemie so may good men trust unto him in their calamitie as to an holy Anchor So shall not the wicked dare to approach his Court or presence Iustice shall conserve her due honour and upright judgement shall stand fast and unmoveable An Appendix with Objections against Favourites at the Bar of Iustice The just respects for which one Practiser at the Bar may be heard before another to my understanding are these two One in regard of the Client and another in respect of the Cause A motion in the behalfe of a poore person of a weak widow of a fatherlesse child or of a publike Servitour in a Common-wealth is in hearing to be preferred before the causes of such as be rich well assisted of discretion or private persons The Cause it selfe also may deserve preferment either in consideration of the prioritie of time that it hath in Court or for the imminent danger in which it may stand if it be not speedily heard But that any Counsellour should be heard before other in regard of his person alone without beholding the Cause or Client hardly may any sound reason be assigned And