Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	defendant_n	plea_n	1,628	5	9.5394	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17958	The survey of Cornvvall. Written by Richard Carew of Antonie, Esquire	Carew, Richard, 1555-1620.	1602 (1602)	STC 4615; ESTC S107479	166,204	339

vvhich it vvas graunted them to keepe a Court and hold plea of all actions life lymme and land excepted in consideration vvhereof the sayd Lords accorded to pay the Earle a halfpeny for euery pound of Tynne which should be wrought and that for better answering this taxe the sayd Tynne should bee brought to certayne places purposely appointed and there peized coyned and kept vntill the Earles due were satisfied Againe the Lords of these Tithings were for their parts authorised to manage all Stannerie causes and for that intent to hold Parliaments at their discretion and in regard of their labour there was allotted vnto them the toll-Tynne within those Tithings which their successours doe yet enioy This Charter was to be kept in one of the Church steeples within those Tithings and the Seale had a Pick-axe and Shouell in faultier grauen therein This I receiued by report of the late master William Carnsew a Gentleman of good qualitie discretion and learning and well experienced in these mynerall causes who auouched himselfe an eye-witnesse of that Charter though now it bee not extant Howbeit I haue learned that in former time the Tynners obtained a Charter from king Iohn and afterwards another from king Edward the first which were againe expounded confirmed and inlarged by Parliament in the fiftieth yeere of Edward the third and lastly strengthened by king Henrie the seuenth King Edward the firsts Charter granteth them liberty of selling their Tynne to their best behoofe Nisi saith he nos ipsi emere voluerimus Vpon which ground certaine persons in the Reignes of K. Edward 6. Queene Marie sought to make vse of this preemption as I haue beene enformed but either crossed in the prosecution or defeated in their expectation gaue it ouer againe which vaine successe could not yet discourage some others of later times from the like attempt alleadging many reasons how it might proue beneficiall both to her Highnesse and the Countrie and preiudiciall to none saue onely the Marchants who practised a farre worse kind of preemption as hath beene before expressed This for a while was hotely onsetted and a reasonable price offered but vpon what ground I know not soone cooled againe Yet afterwards it receiued a second life and at Michaelmas terme 1599. the Cornishmen then in London were called before some of the principal Lords of her Maiesties Council and the matter there debated by the Lord Warden in behalfe of the Countrie and certaine others deputed for the Marchants who had set this suite on foote In the end it grew to a conclusion and Articles were drawne and signed but they also proued of void effect Last of all the said Lord Warden in the beginning of Nouember 1600. called an assembly of Tynners at Lostwithiel the place accustomed impanelled a Iurie of twentie foure Tynners signified her Maiesties pleasure both for a new imposition of sixe pound on euerie thousand that should bee transported ouer and aboue the former fortie shillings and sixteene shillings alreadie payable as also that her Highnesse would disburse foure thousand pound in lone to the Tynners for a yeres space and bee repayed in tynne at a certaine rate By the foreremembred ancient Charters there is assigned a Warden of the Stanneries who supplieth the place both of a Iudge for Law and of a Chauncellour for conscience and so taketh hearing of causes either in Forma iuris or de iure aequo Hee substituteth some Gentlemen in the Shire of good calling and discretion to be his Vice-Warden from whome either partie complainant or defendant may appeare to him as from him a case of rare experience to the Lords of the Councill and from their Honours to her Maiesties person other appeale or remoouing to the common law they gaynsay The Gayle for Stannery causes is kept at Lostwithiel and that office is annexed to the Comptrolership The Tynners of the whole shire are deuided into foure quarters two called Moores of the places where the Tynne is wrought viz. Foy moore and Blacke moore the other Tiwarnaill and Penwith To each of these is assigned by the L. Warden a Steward who keepeth his Court once in euery three weekes They are termed Stannery Courts of the latine word Stannum in English Tynne and hold plea of whatsoeuer action of debt or trespasse whereto any one dealing with blacke or white Tynne either as plaintife or defendant is a party Their maner of triall consisteth in the verdict giuen by a Iurie of sixe Tynners according to which the Steward pronounceth iudgement He that will spare credit to the common report shall conceiue an ill opinion touching the slippings of both witnesses and Iurours sometimes in these Courts For it is sayd that the witnesses haue not sticked now and then to fasten their euidence rather for seruing a turne then for manifesting a truth and that the Iurours verdict hath sauoured more of affection then of reason especially in controuersies growne betweene strangers and some of the same parts And such fault-finders voutch diuers causes of this partialitie One that when they are sworne they vse to adde this word my conscience as the Romans did their Ex animi meisententia which is suspected to imply a conceyted enlargement of their othe Another that the varietie of customes which in euery place welneere differ one from another yeeldeth them in a maner an vnlimited scope to auerre what they list and so to close the best Lawyers mouth with this one speach Our custome is contrary And lastly that they presume vpon a kind of impunity because these sixe mens iuries fall not within compasse of the Star-chambers censure and yet the L. Wardens haue now then made the pillory punishment of some a spectacle example and warning to the residue For mine owne part I can in these Tynne cases plead but a hearesay experience and therefore will onely inferre that as there is no smoke without a fire so commonly the smoke is far greater then the fire Strange it were and not to be excepted that all poore Tynne Iurours and witnesses should in such a remote corner alwayes conforme themselues to the precise rule of vprightnesse when we see in the open light of our publike assises so many more iudicious and substantiall persons now and then to swarue from the same In matters of important consequence appertayning to the whole Stannery the L. Warden or his Vnder-warden vseth to impannell a Iury of foure and twenty principall Tynners which consist of sixe out of euery quarter returnable by the Maiors of the foure Stannery townes and whose acts doe bind the residue Next to the liuelesse things follow those which pertake a growing life and then a feeling The women and children in the West part of Cornwall doe vse to make Mats of a small and fine kinde of bents there growing which for their warme and well wearing are carried by sea to London and other parts of the Realme and serue to