Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	land_n	plaintiff_n	1,579	5	10.2055	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29168	A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ...	Brady, Robert, 1627?-1700.	1685 (1685)	Wing B4186; ESTC R19638	1,289,549	1,106

Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachium● ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Su●t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6●7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. ● 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of

the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5● Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend