Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	error_n	record_n	2,199	5	9.9036	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36795	The history of imbanking and drayning of divers fenns and marshes, both in forein parts and in this kingdom, and of the improvements thereby extracted from records, manuscripts, and other authentick testimonies / by William Dugdale.	Dugdale, William, Sir, 1605-1686.	1662 (1662)	Wing D2481; ESTC R975	640,720	507

betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon M●morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swin●sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurt●nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday b●ing the morrow after the Feast of S. Peter ad vincula at which time there cam● thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his adv●rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Ca●ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then

said Banks and Water-gangs whereupon he required judgement And he also said that after the said Ordinance the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs before he the said Hamon was Bayliff And that this he was ready to justifie To which the said Godfrey answered that he held himself to the before-specified Charter of King Henry And to the liberty which he and his Ancestors had used against which no Ordinance made by the said Henry de Bathe could or ought to do him harm And stood upon it that neither himself nor any by him had given ought either before the said Ordinance so made or afterwards and that this he was ready to justifie After which on the morrow after the feast of S. Martin in the xlii of H. 3 came the said Godfrey Hamon and others And the Shireeve had command that he should bring xii aswell Knights as others having no lands in the said Marsh on the morrow three weeks after Easter by whom the truth might be the better discovered to enquire whether the said Godfrey and his Ancestors after they had their land of Hurst of the gift and grant of the before-mentioned King Henry had wont to repair the said Banks and Water-gangs together with others that had lands in the said Marsh and to contribute with them for their repair when need should require Whereupon the said Godfrey by a certain Ordinance in which he acknowledged before the said Henry de Bathe whom the King had sent to that end that though he gave a Mark to the repair of the said Banks and Water-gangs before the said Hamon was Bayliff of the said Marsh as they the said Hamon and Iohn did affirm yet he ap●pealed whether himself or his Ancestors were not quit of the said repairs and payments thereto by the Charter of King Henry Grand-father to the then King forasmuch as he did not consent to the said Ordinance nor ever gave any thing to the repair of those Banks and Water-gangs as he affirmed But the Shireeve not making his Precept as above-said was amerc'd and another VVrit directed to him to summon the said xij men to appear c. the morrow after the Feast of the Holy Trinity At which time the said Godfrey Hamon and others came and required that judgement should be done according to the Record and processe upon the before-specified Plea VVhereupon the Plea was recited before the King and his Council And because it was found according to that Record that the King had sent Henry de Bathe his Justice thereunto assigned unto the said Marsh of Romenale who determined that all they that had lands in the said Marsh ought to contribute according to the proportion of their Tenements for the repair of the said Banks and VVater-gangs thereof as the said Hamon and others did allege and to which contribution he the said Godfrey said he was not obliged And that as yet nothing did appear to the King's Court here of the said Ordinance or Determination without which of right there could be no proceeding to Judgement a farther day was given viz. until the xvme of S. Michael that in the mean time the Rolls of the said Henry de Bathe might be lookt into And that the Plea thus depending no distresse should be farther made upon the said Godfrey At which time viz. in the xvme of S. Michael in xliijo H. 3. the said Godfrey came and withdrew his processe against the said Hamon and others therefore being amerc'd he consented for himself and his Heirs that for the future they would repair the said Banks and Water-gangs together with their neighbours according to the quantity of their land as it was the Custome of the Country without any contest or contradiction for ever And that the said Hamon granted and became obliged for himself and the rest that he would make a due accomp● before the xxiiij Jurats chosen by the Country touching the distresses and Catals of the said Godfrey taken from the time of the beginning of the sute until that present And deducing so much as should be sufficient to satisfie the said repairs according to the proportion belonging to the said Godfrey to repay the surplusage of the mony for the Catals of him the said Godfrey so sold. And the said Godfrey agreed that if the said Hamon by his accompt could make it manifest that the value of the Catals so distrained by him for the cause premised would not suffice for his portion in repair of the said Banks and Water-gangs according to the quantity of his Land he the said Godfrey would make satisfaction to him of the whole arrerage from the beginning of the sute till that present time according to the view and estimation of the before mentioned xxiiij Jurats of the Country The next thing memorable touching this Marsh is that King Edw. the first by his Letters Patents bearing date at Westminster the xxth of Novem. in the xvith year of his reign granteda commissiō to Iohn de Lovetot Hen. de Apuldrefeld to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent in divers places then broken through the violence of the Sea and to enquire by whose default this damage had hapned And together with the Bayliffs of Liberties and others in those parts to distrain all those which held any Lands and Tenements there and had or might have defence and preservation in any sort by the said Banks and Ditches according to the quantity of their said Lands and Tenements either by the number of Acres or by Carucates for the proportion of what they held for the necessary repair of those Banks and Ditches as often and where there should be need so that no man of what condition state or dignity whatsoever who had safeguard in any sort by those Walls or Ditches whether it were within Liberties or without should have favour therein Commanding also the said Iohn any Henry to behave themselves so faithfully and discreetly in the execution of this businesse that aswel the men residing in those parts as their lands should be safe against the like dangers and perhaps worse no custome favourably introduced notwithstanding And that of their transaction in this imploym●nt they should distinctly and plainly certifie the said King under their Seales and the Seals of the Jurats aswel Knights as other honest and lawful men Commanding moreover his Shireeve of Kent to cause so many and such persons of his Bayliwick to appear before the said Iohn and Henry at certain days and places whereof he should give them notice by whom the truth in the premisses might be the better enquired into and known By virtue of which Mandate the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale and all the Lords of the Banks of the same Marsh as also such and so many honest and lawful men of all the

Westm. inchoato 8º Maii. An Act for Confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Levell of the River of Ancholme in the County of Lincolne WHereas Sir John Monson in the eleaventh year of our late King of Blessed memory Charles the first upon the request of the Commissioners of Sewers for the parts of Lindsey in the County of Lincolne And to do service for his Country did undertake the dreyning and improvement of the Fenns and Low grounds lying in those parts upon the River of Ancholme extending from Humber to Bishop-Brigge which were found and adjudged to be hurtfully surrounded both by the view of the Commissioners of Sewers and divers verdicts of Iuries impannelled of the ablest Inhabitants after several views taken And that the dreyning of those Fenns were ever heretofore much desired by the parties intressed therein and for that the designe of dreyning of the same was by the opinion of the said Commissioners held to be a work not only Honourable but Profitable for the Country therefore the said Sir John Monson according to the power and direction of divers Acts and Decrees of Sewers in that behalf ordeined undertook the dreyning of the said Fenns and low grounds and to make them fit for Arable Meadow or Pasture yet so as he admitted as many of the Lords and Owners as would adventure with him for their own upon the same terms he did and did at his own and his Participants great expences dreyn all those grounds Common and several Fenns within the parts aforesaid between Humber and Bishopp-Brigge conteining by estimation above twenty thousand acres in one intire Level or work of dreyning for the doing whereof the Commissioners of Sewers have by divers Acts or Decrees of Sewers Ordeined adjudged decreed and set out unto the said Sir John Monson five thousand eight hundred twenty seven Acres of the said grounds Commons and Fenns by certain meets and bounds whereby the same are distinguished and known from the rest of the Commons there which Decrees Schedules and Laws of Sewers upon the humble Petition of the Commissioners to his late Majesty had His Majesties Royal assent and were inrolled in the high Court of Chancery according to the Statute in that Case provided and were exemplified under the great Seal of England by vertue whereof the said five thousand eight hundred twenty and seven Acres were held and injoyed by the said Sir John Monson his Participants and Assignes untill the beginning of the late troubles the undertaking being performed and so adjudged upon the view of the Commissioners of Sewers May it please your Most Excellent Majesty that it may be Enacted And be it therefore Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That the said Sir John Monson his Participants and Adventurers aforesaid and his and their and every of their Heirs and Assignes shall have hold possess and enjoy the said five thousand eight hundred twenty and seven Acres so set out by several Decrees of Sewers by meets and bounds therein particularly mentioned and expressed whereunto his Majesties Royal assent was had and by privy Seal certified into his Majesties high Court of Chancery and there inrolled and remaining of Record according to the several divisions and allotments since severally and respectively made between the said Sir John Monson and his Participants and Adventurers their and every of their Heirs and Assignes freed and discharged of and from all title and Interest of the former owners and Commoners whatsoever Provided all wayes and be it Enacted by the Authority aforesaid That if it shall fall out at anytime hereafter that the said Fenns and low grounds lying upon the River of Ancholme between Humber and Bishopp-Brigge for which the said Sir John Monson his Participants and Adventurers their Heirs and assignes have their said Recompence of five thousand eight hundred twenty and seven Acres set out for the dreyning of the same shall again be hurtfully surrounded in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes and shall so continue at any time for the space of six Months together except such Lakes Draines Sewers and Portions of the said parts as were excepted upon the Contract not exceeding two hundred Acres so that the same shall be found and adjudged defective in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes by six of the said Commissioners for the time being whereof three to be of the Quorum And that the said view and Iudgment be certified upon record into the high Court of Chancery then it shall and may be Lawfull to and for the Lords Proprietors and Owners and Commoners of and in the said Fenns and grounds and their Heirs and Assignes and for every or any of them to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres to be set out and portioned by the said Commissioners so that the said Commissioners do set forth and allot a rateable proportion of the said two thousand Acres out of every of the said Lordships and to have hold and enjoy the same and their several Commons therein in as large and ample manner as they do and shall in the other parts left to them untill the said parts allotted and left to the said Lords Owners and Commoners be by the said Sir John Monson his Participants and Adventurers their Heirs and Assigns or some of them sufficiently drayned and again recovered at his and their own proper cost and charges as is aforesaid And that after that same shall be sufficiently recovered and drained the said Sir John Monson his Participants and Adventurers their Heirs and Assigns shall have and enjoy the said two thousand Acres as aforesaid and so in like manner from time to time to gain and lose their said Pasture and Common in the said two thousand Acres upon such and the like Certificates and recovery had and made as is aforesaid for ever Provided also that if the Lords or Owners of the Lands and Grounds within any the limits or bounds aforesaid allotted to the said Sir John Monson shall desire their Lands again be it further Enacted that if they pay to the said Sir John Monson or his Assign● the principal money by him disbursed in draining the said Level with reasonable damages for the same at or before the first day of May which shall be in year of our Lord One thousand six hundred sixty three or if any difference shall arise or happen between the said Sir John Monson and any of the said Lords or Owners touching the said principal monies disbursed as aforesaid or damages for the same which the said Sir John Monson shall demand then such summ and summs of mony for the said Principal