Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	court_n	plaintiff_n	3,427	5	9.9986	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17593	The relation betweene the lord of a mannor and the coppy-holder his tenant. Delivered in the learned readings of the late excellent and famous lawyer, Char. Calthrope of the Honorable Society of Lincolnes-Inne Esq; whereby it doth appeare for what causes a coppy-holder may forfeite his coppy-hold estate, and for what not; and like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants	Calthrope, Charles, Sir, d. 1616.	1635 (1635)	STC 4369; ESTC S107474	36,082	104

without his assent and perhaps it is not agreeing to his conscience and therefore it is not properly a not doing or deniall to doe his duty Quaere If there be 12. and 11. agree and the twelfth will not for it is not a full Jury Pasche 20. Eliz. Co. Bank ve 3. Ed. 3. Verdict 10. ou 11. 29. Ed. 3. ibid. 45. 12 Hen. 4. 10. Sherne WHAT OFFICE OR POWER entirely or dividedly the Lord Steward Free-holders Coppy-holders and the Bayliffs have in the Court Baron ALthough the Lord the Steward the Free-holders the Coppy-holders and the Bayliffes of every Mannour have an intermixt and joynt office and authority in some cases and to some purposes yet to other purposes their office is distinct and divided and every of them doth occupy severall places persons and parts The Lord is chiefe to command and appoynt to the Steward to direct and record the Free holder affirre and judge the Coppy-holders to enfirme and present the Bayliffe to attend and execute c. And all these together make a perfect execution of Justice and Judgements in a Court Baron and without all these a Court Baron cannot be holden in his proper nature in respect of all causes belonging to the perfect jurisdiction of a Court Baron And yet a Court Baron may be held by use and custome for some Coppyhold causes though it want one of the said parties viz the Free holders and there in Coppy-hold cases the Steward doth supply the place of a Judge But no other of the parts aforesaid except the Free holders can be missed or spared in a Court Baron But to make some more particular demonstration of their distinct authorities and offices And first the Lord as hee is chiefe in place so is hee in Authority and occupieth three severall Romes the one of a Chancelour in cases of equity the other of a Justice in a matter of right the third of himselfe in Cases proper and particular to himselfe The Steward doth occupie the parts of severall persons that is to say Judge and order in cases of Coppy-hold and also a Minister and Register to enter things into the Court Roles and in both these to bee indifferent betweene the Lord and his Tenants The Free holders doe likewise fulfill two parts that is to effect judge amercemetns and also to returne and certifie judgements The Coppy-holders also doe hold two severall roomes viz. to enforme offences committed against the Lord within that Mannour and to present such things as shall be given Charge by the Steward The Bayliffe doth also occupie two parts that is to say to execute the proces and Commandments of the Court and also to returne into the Court the Execution of the same proces 6. Ed. 6. Bract. No. case 84. pli 387. the under-steward in Court without authority of the L. or of the high-steward may demise Copy-hold it is a good grant for it is in full Court but contrary it is if it bee out of Court Quaere if the high steward without authority may demise out of Court Finis Lecturae Calthrop A Coppy-holder being indebted doth surrender to his creditor upon trust that hee shall have the Land to satisfie himselfe of the debt and then to be surrendred backe againe unto him And after the debt levied the creditor wil not surrender whereby according to the custome of the Mannour the Tenant pursues an English Bill to the Lord in his Court by which the trust is prooved by deposition the Lord seiseth the Land to the use of the first Coppy-holder until c. And Wray was of opinion that hee may well so doe for he hath no other remedy for the Lord cannot imprison him as the Lord Chancelour of England may doe and that the custome of deposition is good though some doe doubt but Gawdy agrees but hee saith that the Lord cannot retaine and keepe the Land and if hee should so doe the other shall have a Subpena whereunto Wray agreeth that hee cannot retaine the Land but seise it and grant it over which without seising hee cannot doe 25. Eliz. B. upon the motion of Cooke who said that 14. Hen. 4. 39. and Fitz. B. 1● are according to their opinions For a Coppy-holder shal not have a Writ of Error not false judgement upon a judgement against him in Court of the Lord but hee shall sue by bill and thereupon the Lord shall reseise the Land upon false judgement given by the Steward and shall make restitution If one recover a debt by plaint in Court Baron those of the Court have not power to make execution to the Plaintiffe of the defendants goods but they may distraine the defendant and after the judgement retaine the distres in their hands in safegard untill the Defendant hath satisfied the Plaintiffe of that wherein hee is condemned by the Court 46. Hen. 6. 17. See the booke of Entrees Fol. 166. 7. Hen. 4. 27. In replevin the defendant said that one Edward Besall brought a writ of Droit close against the plaintiffe and one other in the Lords Court in ancient demeasne and declared in nature of Assize and it was found against the plaintiffe and damages were taxed whereby the defendant being then under-Bayliffe by the Stewards commandement takes the beasts for execution of the damages and takes and sells them and delivers the monies to the plaintiffe in Assize this is a good plea and yet this is but a Court Baron And Fol 29. by Hull A man recovers ancient Demeasne-Lands and damages in a Court of ancient Demeasne the Bay liffe may take the beasts of him against whom the recovery is c. for execution of Damages in every parcell of the Land holden of the Mannour although that Land bee Frank-fee and it is not denyed 22. Assise 72. agrees with 4. Hen. 6. mes Kitch 115. where it is used to make execution by levari facias that is a good Custome 38. Ed. 3. Custome 133. upon a recovery in Court Baron the defendants Cattle were delivered in execution WHERE A TENANT BY Coppy may plead a speciall Custome which is onely proper to him and his predecessors before him NInth Eliz. Taverner was sued by the Lord Cromwel for that he had committed waste upon his Coppy-hold he pleads by the advice of Manwood that he and those who before him had the house wherein hee dwelt had such a Custome by Prescription that they might fell Timber trees c. And many arguments were against that Custome in as much as other Tenants of that Mannour had not such a Custome but were punishable and had forfeited their Lands for such waste also that Custome was against common right and not reasonable and after long deliberation of the Judges it was adjudged that a Tenant may plead a particular Custome as if one prescribe to have a way in the Lords Land c. And 19. of Eliz. one prescribed that he those of that Tenement his predecessors had used to have