Certain CONSIDERATIONS In order to a more speedy, cheap, and equal distribution of Justice throughout the NATION. Most humbly presented to the High COURT of Parliament of the most hopeful Commonwealth of ENGLAND. By Henry Robinson. London, printed by Matthew Simmons next door to the Golden Lion in Aldersgate street, 1651. To the High Court of Parliament of the most hopeful Commonwealth of England. THE passing of those long expected Resolves of this High Court for the Englishing both of our Laws and Proceed in all Courts of Justice; for abrogating the so called, Court-hand, which to most People did nothing differ from exorcisticall Characters, save that the former was truly mischievous to them, the latter for the most part but imaginary; For nullifying superfluous Offices, & retrenching unnecessary Fees; for the expediting of Causes, and pursuing certain directions concerning Juries, hath emboldened me to present unto your Wisdom these few considerations hereunto annexed: for which, and what else I have transgressed in the like kind, I shall only use this short Apology; That, as I have to some been known to cast in my little mite, concerning many, if not most matters of public debate, not so much out of confidence of my own strength, as sincerity of heart, and for provoking others of better abilities to improve them: so in this, towards the Reformation of our Laws and Law-proceeding, which if not speedily brought about, may like enough, take root again, and settle firmer upon their old corrupt foundation, which must necessarily contract such farther rottenness & festering, as will at first infect, & afterwards, too soon, make void and annihilate all those Glorious Liberties and Discoveries, which we have attained to with the charge of so much Blood and Treasure, for redeeming them out of the jaws of Superstition & Tyranny: may You then but be prevailed upon speedily to secure what We have so dearly paid for: We must infallibly back again into our wont bondage (which on such as have had their eyes opened, would fall more grievous) unless the whole Mystery of the Judiciary faculty, and of all those that relate unto it, be fully discovered, and set at rights. I beseech You consider, They are an Active generation, so that if well regulated, the Nation may be as happy in them, as otherwise We must be again more miserable. May You then please to let it be enquired into; Whether the Multiplicity of Courts of Justice do not cause a more mischievous confusion in the World, than the Babylonian of Languages? That of Babel doth only estrang Nations to one another; but this variety of Courts of Justice in any Land or Nation, perplexes and confounds the People thereof among themselves; The proceed in them are so various, as that it is above any one man's ability and strength to be experienced in more than one of them: So many several Courts, so many several hard Mysteries or Trades, above one whereof, no man though of the ablest parts, can be well skilled in or practised: And from henc proceeds it in part, that Lawsuits become both more lasting and chargeable: Particularly, to what purpose served the King's Prerogative Court of Exchequer, one of the most eminent badges of Conquest and Tyranny? Surely all Courts should be the Commonwealths in general, and every man's in particular: Justice should not know any distinction of persons, but be still one and the same in all Courts alike, whether as touching the letter of the Law, or Equity: But for sooth, they were all called the King's Courts alike; And indeed we had little but what was our Kings, We had nothing of our own; so gracious were they, and so miserable have we been: But our King's boar sway enough in all other Courts at Westminster, they needed not have had a peculiar Court of their own to do Injustice. Besides; Our Laws of themselves are so numerous and intricate, as that it is not possible to know them all, much less keep them in memory, or avoid the being entangled by them, and injured by Law: Nay, I am afraid it may be found, that never such Juggling, if not very cheating, was consistent with the rules of any Faculty, as of this I speak, and is at present practised in England: How else comes it to pass that a man may dwell in Westminster-Hall, and yet be sued unto an Outlary before he know of it? How comes it else to pass that an Executor may be forced to pay as long as he hath Assetts, and yet afterwards be forced to pay the same sums over again, because he could not keep himself from being forced to pay them away before? In brief, how comes it else to pass that a Debtor may keep his Creditor in prison until he be compelled to give him a discharge, or yield to whatsoever he desires? I only wish that some honest public spirited Lawyer who throughly understands the various Meanders, Quirks and subtleties of this overpowering Faculty, would anatomize, and lay open unto the Nation, how easily it is for the very best Laws we have to be evaded and frustrated, and the whole formality and proceed to be avoided and deluded by legal fallacies and tricks. I am confident our whole body of Laws, even in their original constitution, will be found to be so purely the Offspring of Oppression, and Oppressor's Creatures, and in themselves so weak and fruitless, as to the estating and continuing of a Nation in Peace, plenty, and Contentation, that the Law, or rather custom of the Turks, is to be preferred before it, where he that will give most, shall be sure to have the right determined on his side; only, because the wronged party is quickly out of pain, and in a short time knows what he has to trust to: But for our own Laws, which some notwithstanding prefer before all the world's, because they never well understood their own, much less those of other Countries, though corrupt enough in most; They are such a forraginous piece of Intricacies, such a vanity to become a Rule unto so famous a Nation; such a Nose of wax, liable to be form any way for the vexation of a People; as that if the very memory thereof, and the Formalities of their proceed were quite extinct, never to present themselves again unto our Imaginations, and thereby the Nation forced to seek out both new Laws and Forms; we could not happen upon so bad again; Nay, we were likelier to light upon far better than any Nation enjoys at present; because well near all Nations, though some more, some less, lie under oppression, and cannot procure to themselves, such as they desire, nor the equal administration of those they have. I did not intent to have been so tedious, & therefore humbly crave leave to insert a word concerning our Statutes against Maintenance & Champarty, whereby the purchasing of Titles from persons not in possession, have been so speciously prohibited, as the only way to prevent disquieting, vexing, oppressing, and final disinheriting of the true Proprietors: Surely We may find the quite contrary effect to have ensued hereupon, and poor People by force of these Statutes been necessitated to lose their titles, because they might not gratify such as would have been willing to furnish them with moneys to prosecute and recover their Rights. What good effect have we seen at any time to poor People suing in forma pauperis? If the highest vyer can protract, & sway Causes as they please, against others of moderate, though inferior estates and friends unto themselves; certainly no crumbs of relief, much less of dispatch, will be suffered to be cast away to Paupers. May we but have speedy justice at home in our own Counties, and large charges to such as shall be found unduly sued; we need not prohibit poor People, to sell or give away one half of their right, for recovering of the other: Men will look before they leap, and consider well before they adventure upon bad titles, or disturb any man in possession, unless they see sufficient evidence to bear them out therein: It would be a hundred fold better for the Nation, even under these Laws we live at present, so far forth to repeal those Statutes concerning Maintenance & Champarty, and render all men in possession liable to have their Titles questioned; than to leave poor People remediless; In regard such poor People thus oppressed are above a hundred for one, who by such repeal would be in danger to be unduly molested. But if the Reformation of the Laws seem great and difficult, and by so much longer before it can be brought about: We may notwithstanding be happy in due time, If it be but seriously begun to be set upon at present; and in the Interim, with less disadvantage patiently expect the completing thereof, If the County Register of Conveyances mentioned in the same days Resolves, together with another Register of Bonds and Bills of debt, with their Irrevocable assignablenesse to all intents and purposes, (whereof I have a model not exceeding one sheet of paper, nor requiring many hours debate, ready to be produced whensoever this High Court shall be pleased to refer it unto a Committee, to be proceeded on) were forthwith established: Both the said Registers carrying in themselves a capacity to abbreviat & prevent the greatest part of all Lawsuits and Cavils; and the latter not only to multiply the stock of the Nation, which at present is at so low an ebb, would exceedingly facilitate and enlarg Trade and Navigation. But lest I should be accounted unworthy, or unadvised to intermeddle in this great affair, which besides it's being obnoxious to other objections, might perhaps at first appearance be thought very damageable unto the conscientious learned Judges and Counsellors: In case this High Court in their deep Wisdom shall think of a Reformation, whether according to this little model in all humility propounded, or any other, which, I wish might be of a hundred fold more advantage unto this Nation; It is in Your power to constitute and assign such worthy Judges and Counsellors in every County throughout the Land, with the very same stipends, or greater than they enjoy at present; Praemio & paena floret Respublica: It were better to be profuse in rewarding persons of desert in what kind soever, than to be short therein. And since the pittance is so small, which can any ways befall me in this Commonwealth's prosperity, I hope I shall be thought free from all self-Interests, and only to have engaged myself in matters of this high Nature out of a Public spiritedness, and to make the best Improvement of my only talon how small soever, to the best advantage of this Nation wherein Providence hath cast me. There now remains only this humble Motion, That the High Court of Parliament if in their deep Wisdoms They see cause, vouchsafe to refer the consideration of this little Paper unto the Committee mentioned in the said Resolves, for whose happy proceed thereupon, or otherwise, in pursuance of the said Resolves, This Propounder and the whole Nation will be bound to pray, etc. Certain considerations, in order to a more speedy, cheap, and equal distribution of Justice throughout the Nation. THERE is seldom any Writ served upon a man, but the party that serves it, makes one or more lies, or falls pretences, to get an opportunity to serve it upon him, who otherwise would very often avoid being served therewith, and so obstruct the proceed intended against him: Whereas, if the Writ, or such like summons, or Intimation be left at the house of the party's habitation, such occasion of sinning would not only be taken away, but the obstructions in the trial of suits prevented. It seems to be not only against the law of God and Nature, but even of common reason to ask a prisoner at the Bar whether he be guilty or not guilty. 1. In respect that if he answer guilty, he condemns, or rather murders himself, as much, if he were truly guilty, as if he were innocent. 2. If he be guilty, and answers not guilty, he tells a lie. 3. Though he be guilty, and answer not guilty; and though he be innocent, and answer not guilty, yet they endeavour by all the means they can to find him guilty: so that it serves to no purpose, but either to tempt such as are guilty to tell a lie to save their lives, or else to be accessary to their own death by their own confession, which unless they will do, they proceed against them to make them guilty by Witnesses or other Evidence; In which respect whether were it not more Christian like to proceed against Offenders by way of Witnesses, or other Evidence, if there be any sufficient, without ask the Prisoner whether he be guilty, or not guilty. Seven Objections against the trial of Causes by a Jury of 12. men. 1. THere is not a competent number of understanding and fit men to be had in the lesser Divisions of a County, for trial of all Causes upon all occasions. 2. People are generally unwilling to be called upon for Jurymen, whereby they neglect their own affairs. 3. Though they do come to avoid the penalty, they seldom take the course to be rightly qualified and fitted, to judge of the matter in controversy. 4. Most commonly one or two active & nimble-pated men oversway all the rest, of the Jury, and too often for the worst. 5. Though never so many of them descent in judgement from the rest, they must notwithstandinding all concur in the Verdict, or be wearied into it. 6. If they give corrupt or erroneous Verdict, there cannot justly be any penalty inflicted on them, because they may pretend they did at first declare themselves unfit for such employment: that they undertook it not willingly, but were compelled thereunto; and when they saw there was no avoiding it, they endeavoured to proceed therein according to the uprightness of their own consciences, if they be thought to have done amiss, it was but what they could not remedy, and are hearty sorry for it. 7. The keeping the Jury without fire, light, bread or drink, as the Law requires, may possibly make the major part of them, if not all, agree upon a verdict contrary to their consciences to be freed from any of these exigencies, at least, some of them to strike up with the rest in a joint verdict, since it is well near impossible for 12. men, all circumstances considered, much more in a doubtful case, to be of one opinion; and though the case were never so clear, yet one peremptory man of a strong constitution, whether his judgement be right or wrong, may starve all the rest unless they will give verdict as he will have them. Wherfeore in regard it is thus troublesome and chargeable for all people throughout the Land to come up to Westminst. for determining of Lawsuits, & because a Jury of 12. understanding and upright men are not readily to be had at all times, in every Hundred, or such like Division, for the speedy deciding of such Differences as may arise: It is humbly propounded, that the Commons assembled in Parliament, out of the great desire they have, as much as in them lies, to make this Nation happy, by endeavouring, so far as is possible, that the people of all ranks may live in love and friendship one towards another, for all such differences as shall happen to arise, they may either be composed in a friendly Christian manner, with mutual approbation of the parties, or else speedily and frugally determined, according to evidence produced, in manner following. [viz.] The Particulars of what is humbly propounded to be established by Act of Parliament. THat in every City, Corporation, and such other divisions of each County throughout the Land, as the Parliament shall appoint, there shall reside one or more persons, with the title of Judge or Judges of such City, Corporation, or Division, to whom in consideration of a yearly salary to be allowed them, it shall appertain to hear, & determine all matters of Controversy, whether Civil or Criminal, which shall be brought before them, concerning the public, or any person within their City, Corporation, or Division, as followeth, [viz.] Whatsoever Person hath any difference with another, shall only be at liberty to sue such person before the Judge, or Judges of such City, Corporation, or Division where the person to be sued is found present, when the suit is first commenced, or doth usually abide: And if the person to be sued, hath several habitations, then, in such City, Corporation, or Division as he was known, then, or lately to reside in, before the suit was commenced; or in any other place where he is notified in person, at the first Commencement thereof as aforesaid: to which end, Such person as hath a Controversy shall repair unto the respective Judge, or Judges of the place, or to his or their Clerk, and acquaint him or them, by whom, and in what manner the public or he himself is injured; Whereupon the said Judge is to require both parties to appear before him, if they be willing, and use all possible means by himself, the Minister of the Parish, or such discreet men as he thinks good, for composing of the difference, if it be merely Civil, by Joint consent before it be farther proceeded in. In case the parties cannot be agreed, if the matter in Controversy exceed not 50. s. and the parties have their evidences in readiness, then may the Judge determine it at the very first hearing, and making a brief record of the whole proceeding, Ad perpetuam rei memoriam grant sudden execution. But if it pass the value of 50. s. the party grieved may take the privilege of putting in his bill, or Demand fairly written in Court, unto the Judge or Judges, or his, or their Clerk, which ever after is to remain by him, or them, as in Court upon Record; And the Plaintiff having first caused an Entry of the said Bill, to be made upon the said Bill, together with the date of the said Entry, by the Judge, or Clerk, he is than forthwith to take out a Ticket of Notification, under the said Judge or Clerk's hand, and cause it to be sent by an Officer for that purpose, unto the person so sued, whereby he may have notice of such a Bill put in against him, and have two or three day's time, to put in his answer, according to the distance of the place, where he resides, and the Messenger returning is to make report unto the said Judge, or his Clerk, that he delivered such a Ticket unto the Party sued in person, or left it with some person of about the age of twenty, as might rationally be presumed by his, or her aspect, at the house of his usual habitation, specifying the place where, and time when, the particulars whereof, the said Judge, or Clerk, is likewise to make Entry of, upon the said Bill with the Messenger's name. And the Judge, or his Clerk is obliged to give a Copy of any Bill, Answer, or whatsoever else is entered upon Record in any suit in the said Court under his hand, unto either of the parties, or to any other desiring them, for such fees as are hereafter specified. If the Party so sued and notified appear not, or if appearing puts not in his Answer, if the Plaintiff desire it, another notification is to be sent him, as before, to appear and hear judgement given within three days; and the said notification, and all others, to be entered as aforesaid. Then if the party sued appear not, upon this latter notification within the term limited, Judgement for Principal Charges, and Damages, is to be given according to the Plaintiffs demand, with express mention of the contumacy of the party sued, and reserving unto the said party sued, his right, what ever it be, to be made appear in that Court, or any other, when and where the Laws of the Land shall give him leave. And if the Plaintiff desires, execution is forthwith to be granted, both against person and goods, upon the Plaintiffs putting in sufficient security, unto the Court, to be accountable in case of undue Imprisonment, or for the whole value thereof, or so much as the person sued and condemned in through contumacy, shall within three month's next ensuing make appear to be unduly recovered, together with Damages and Charges; And the said execution may be served by the person himself in whose favour it was granted, or by whomsoever else he shall employ (provided that both one and other be persons of integrity) besides the Officers for that purpose, who are to be assisted if need be, by the Magistrates of the place, that no opposition be made, to impede or delay the Course of Justice. But if the party sued appears, and puts in his answer, he is likewise to cause the Judge or his Clerk to make Entry thereof upon the said Answer, and that a notification thereof be sent to the Plaintiff, which with the report thereof is to be Entered as aforesaid. Then may the Plaintiff reply within the term prescribed, and the Defendant rejoin. In case Witnesses be to be examined, such time is to be allowed, and no more, then is necessary for the effecting it, as also for producing Evidences from parts farther distant; And all Witnesses may be examined, whether upon Intergatories, or otherwise, by the Judge or his Clerk, of the place where the said Witnesses reside, to be transmitted unto the Court, where the cause depends. Which being done, or such term as the Judge had assigned for such purpose, expired without effect, through negligence of the parties concerned therein, after a day, two or three, wherein the Judge is to peruse the Process, and whole proceed, it is in the liberty of either party to notify the other, to appear the second or third day according to the distance of the place, and the Judge's leisure, at a convenient hour, for arguing the whole business in contradictory, before the Judge; And if neither party desire it, the Judge, if he be not fully informed may notify them, Ex officio, or either of them singly for the same purpose, to be fully satisfied in whatsoever he shall desire; and for that end may likewise deliver his doubts or seruples in writing to either, or both parties, and require answer accordingly, to be afterwards inserted with the rest of the proceed in Court to remain upon Record. And if any thing Material be alleged and proved, by this contradictory debate which did not before appear, the Judge is to Order it to be put in Writing, and Entered with the other proceed, notifying the parties thereof. And in case one party refuse to appear before the Judge, for thus arguing of the business, in contradictory, he is not afterwards to be admitted to produce any new evidence or proof; but upon request of either of the parties in Writing, which is to be notified to the other as aforesaid, the Judge is to proceed, and give judgement both for Principal, Damages, and Charges, according to what appears to be alleged and proved, and sudden execution to be granted, at that very Instant, against body and goods, unless the party condemned being present, or any body in his name, sufficiently authorized thereunto, appeal from such Judgement of the Division Court, unto the Judges of the Shire-Town, which it shall be lawful for him to do, within 8. days next following, and there to prosecute the same in manner hereafter specified. And if the party condemned appeal before execution be granted, then must he, in whose favour the Judgement was, desiring execution, first put in sufficient security to stand to such farther judgement, as the Court, to which the appeal is made, shall think good to pass, to be entered with the rest of the proceed, otherwise not. The Appeallant therefore is to Enter his appeal in writing, to be kept with the other proceed, where the Judgement was given; and that Judge, or his Clerk is forthwith to give him a Copy thereof under his hand, as also of the whole proceed, or of so much as is desired, so soon as it can conveniently be made, which the Appeallant is to transmit unto the Court of the Shire-Town, where it is to be admitted upon the Appeallants putting in sufficient security unto the Court of the Shire-Town, that he will effectually prosecute the said Appeal within eight days following, and be liable to such Charges, penalty, and otherwise, as that Court shall condemn him in, in case he be found to have appealed unduly. And it shall be likewise lawful for both parties to appeal from one and the same Judgement in such part thereof as they apprehend themselves aggrieved, and prosecute the same in such manner as aforesaid; and the Shire-Court in such case obliged to observe the same Orders concerning Fines and Charges as aforesaid. This being done, and the appeal admitted, notification thereof is to be made unto the party, in whose favour the Judgement was granted, in the Hundred-Court, who is to answer to this appeal in the Shire-Court; and the whole proceed, and Process to be framed as aforesaid, in the Hundred-Court. And if nothing more Material be alleged and proved, than what was before in the Hundred Court; If the Judge of the Shire Court shall see good to confirm the said Judgement of the Hundred Court, he is likewise obliged to condemn the Appeallant in all manner of Charges, and one sixth part more than the business in controversy amounted to, by way of penalty, to the use of him that had both Judgements in favour, and execution forthwith to be had accordingly. But if no new matter being alleged and proved, the Judge of the Shire Court shall see cause to reverse the Judgement of the Hundred Court, in the whole or in part, the Defendant in the Shire Court is not to be condemned in Charges disbursed since the Appeal to the said Court; but the Judge of the Hundred Court, for his unjust, or erroneous Judgement, is to be fined so much, as the Charges of both parties, in the Shire Court, amounted to, and so much more as the full Damages of the Appeallant will any ways amount to, with speedy execution as abovesaid. And in case new matter be alleged, and proved, for which cause the Judgement happens to be altered in part, or in the whole, than the Defendant is not to be condemned in Charges, nor the Hundred Judge in any Fine, so far as the new matter alleged, and proved, was cause thereof. And if the Judge or Judges of the Shire Court shall pass unjust or erroneous judgement, such judgement shall notwithstanding be valid, ultimate, and binding, in respect to the parties litigant, and have sudden execution both against body and goods of the party condemned, without putting in security, as was before required. And if either, or both parties find themselves aggrieved, it shall be lawful for them, or either of them to address themselves unto the Parliament, against such Judge or Judges of the Shire Court, who hereby are made accountable, and liable to be condemned in all manner of Damages, cost and charges, such party or parties complaining against them, shall have suffered through their unjust erroneous Judgement, be put by their Office, and suffer such other punishment, as the Justice and wisdom of the Parliament, think good to inflict upon them. But if any person shall be found to have without cause Appealed from the Shire Court, and unjustly to have accused the Judge, or Judges thereof in Parliament, then shall the said Judge or Judges be absolved. And such person be liable to be condemned by the Parliament in the same penalties, which he required, by way of demand, to be inflicted on the said Judge, or Judges, and sudden execution to be granted, to the use and benefit of the said Judge or Judges only, together with their full Charges to be rated by authority of Parliament, and all other Charges to be likewise rated by the respective Courts, where Judgement was given for payment of them. The Judge, or Judges of the Division or Shire Court are obliged hereby, if either of the parties desire it, to draw out the motives in brief, which swayed them in giving such judgement, to remain upon Record, together with the Process; and so soon as any suit is fully ended, whether in the Hundred, or Shire Court, all papers and proceed are to be made up by themselves, and bound together with others orderly, according to the date of the Judgement, in as great a Volume as is well manageable, with an Alphabet at the end thereof, specifying the names both of the Plaintiffs and Defendants. And in case the Judge or Judges of the Hundred, or Shire Courts should die, whilst any unjust or erroneous Judgement rested depending upon appeal, than the respective Heirs, Executors, or administrators of the said Judge or Judges, shall become liable unto all Penalties & Fines which happen to be inflicted; by reason of such unjust & erroneous judgement, whether by the Shire Court or Parliament; Provided such Appeals were made to the Shire Court, within the eight days afore specified, and unto the Parliament then sitting if there were any, or else unto the next Parliament ensuing such unjust and erroneous judgement. And concerning all suits which shall be primarily Commenced, in the Shire Court, and brought thither by Appeal; they are totally to be managed, in all other respects and circumstances, as was before prescribed, concerning such causes, as were commenced, prosecuted, and determined in the Hundred Courts. And it is expressly hereby Enacted, that no Judge, or Judge's Clerk shall take any other, than the fees hereby allowed, nor other monies, or any manner of thing moneyworth, from any person whomsoever: And that no person shall give, or so much as offer to any Judge or Clerk, greater fees than are hereby allowed, nor money, nor any thing moneyworth, upon penalty both to taker and giver, of being condemned in twenty times the value unto the discoverer, by the next Hundred Court, or any other within the said Shire, where the fact was done, and before which the party shall be accused, besides the forfeiture of Place, or Office unto the Judge and Clerk so offending; and the Giver or Taker not only to escape unpunished, for the first time, upon discovery of the other, but also to enjoy the benefit as Discoverer. And the said Judge, or Judges, and their Clerk shall take no other fees, than these that follow, [viz.] Whereby in one word is meant, no other or larger fees than barely after the rate of so much a sheet, as other men will be contented with, to copy out in a fair hand-writing, such Bills and Answers, as Plaintiff, Defendant, or any other person shall desire copies of; the said Judges or their Clerks being to receive such Salaries out of the Public Treasury, as may prove a large and full maintenance for themselves and Families. FURTHER CONSIDERATIONS. COnsider who shall choose the Judges; whether the Representative, and the Council of State, in the intervals, or the People of each Division. May it not be best that the People choose them not, lest they make choice of such as may be swayed with alliance, of one kind or other, and whether a Judge that were the greatest stranger to them, might not prove best, and such Judges movable from one place to another, every third or fifth year, to prevent all engagements of alliance or acquaintance. If the Representative or Council of State in the Intervals choose: whether is it best to have them fixed, quam diu se bene gesserint; or movable of course every 3. or 5. year, from one Division or Shire Court unto another, to prevent the gaining of alliance to oversway them: But if they should be quite cashiered at three or 5. years' end, or upon any other cause than misbehaviour of some kind or other, they would then be disappointed of a livelihood, and though they deserved never so well, be more unhappy than men of any other Calling. It being requisite that the Judges in their respective Residencies with the under Officers, should attend the duties on every week day, and all day long at seasonable hours; It is necessary for them to have a competent and full maintenance allowed them, to prevent all manner of Distractions and Temptations. Querie. Whether the Shire Court if found erroneous, ought not to be repealed? If not, it may induce the party upon a weighty trial to corrupt the Judge the rather: And yet if the Judge impeach him for giving bribes, he is likewise fineable more than the Judgement imported: and the sooner a definitive Judgement may be had, upon good grounds, the better. FINIS.