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	plaintiff_n	plea_n	3,291	5	10.0361	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37237	Historical relations, or, A discovery of the true causes why Ireland was never intirely subdu'd nor brought under obedience of the Crown of England until the beginning of the reign of King James of happy memory / by ... John Davis ...	Davies, John, 1625-1693.	1666 (1666)	Wing D402; ESTC R14019	94,006	270

are yet preserved in Breminghams Tower this Case is adjudged Simon Neal brought an action of Trespass against William Newlagh for breaking his Close in Clandalkin in the County of Dublin the Defendant doth plead that the Plaintiff is Hibernicus non de Quinque sanguinibus and demandeth Judgement if he shall be answered The Plaintiff replieth Quod ipse est de quinque sanguinibus viz De les Oneiles de Vlton qui per Concessionem progenitorum Domini Regis Libertatibus Anglicis gaudere debent utuntur proliberis hominibus reputantur The Defendant rejoyneth that the Plaintiff is not of the Oneals of Vlster Nec de quinque sanguinibus And thereupon they are at issue Which being found for the Plaintiff he had Judgement to recover his damages against the Defendant By this Record it appeareth that five principal Bloods or Septs of the Irishry were by special grace enfranchised and enabled to take benefit of the Laws of England And that the Nation of ô Neals in Vlster was one of the five And in the like case 3 of Edward the second among the Plea-Rolls in Breminghams Tower All the five Septs or Bloods Qui gaudeant lege Anglicana quoad brevia portanda are expressed namely Oneil de Vltonia O Molaghlin de Minia O Connoghor de Connacia O Brin de Thotmonia Mac Murrogh de Lagenia And yet I find that O Neal himself long after viz. in 20 Edw. 4. upon his marriage with a Daughter of the house of Kildare to satisfie the friends of the Lady was made denizen by a special Act of Parliament 20 Edw. 4. C. 8. Again in the 29 of Edw 1. before the Justices in Eire at Droghedah Thomas le Botteler brought an action of Detinue against Robert de Almain for certain goods The Defendant pleadeth Quod non tenetur ei inde respondere eo quod est Hibernicus non de libero sanguine Et praedictus Thomas dicit quod Anglicus est hoc petit quod inquiratur per patriam Ideo fiat inde Jurat c. Jurat dicunt super Sacrament suum quod praedict Thomas Anglicus est ideo consideratum est quod recuperet c. These two Records among many other do sufficiently shew that the Irish were disabled to bring any actions at the Common Law Touching their Denizations they were common in every Kings Reign since Henry the second and were never out of use till His Majestie that now is came to the Crown Among the Pleas of the Crown of 4. Edw. 2. we finde a Confirmation made by Edward the first of a Charter of Denization granted by Henry the second to certain Oostmen or Easterlings who were Inhabitants of Waterford long before Henry the second attempted the Conquest of Ireland Edwardus Dei gratia c. Justitiario suo Hiberniae Salutem Quia per Inspectionem Chartae Dom. Hen. Reg. filii Imperatricis quondam Dom. Hiberniae proavi nostri nobis Constat quod Ostmanni de Waterford legem Anglicorum in Hibernia habere secundum ipsam legam Judicari deduci debènt vobis mandamus quod Gillicrist Mac Gilmurrii Willielmum Johannem Mac Gilmurrii alios Ostmannos de civitate Comitatu Waterford qui de predictis Ostmannis praedict Dom. Henr. proavi nostri originem duxerunt legem Anglicorum in partibus illis juxta tenorem Chartae praedict habere eos secundum ipsam legem quantum in nobis est deduci faciatis donec aliud de Consilio nostro inde duxerimus ordinand In cujus rei c. Teste meipso apud Acton Burnell 15. Octobris anno regni nostri undecimo Again among the Patent Rolls of 1 Edward the fourth remaining in the Chancery here we finde a Patent of Denization granted the 13 of Edward the first in these words Edwardus Dei gratia Rex Angliae Dom. Hiberniae Dux Aquitaniae c. Omnibus Ballivis fidelibus suis in Hibernia Salutem Volentes Christophero filio Donaldi Hibernico gratiam sacere specialem concedimus pro nobis haeredibus nostris quod idem Christopherus hanc habeat libertatem viz. Quod ipse de catero in Hibernia utatur legibus Anglicanis prohibemus ne quisquam contra hanc concessionem nostram dictum Christopherum vexet in aliquo vel perturbet In cujus rei Testimonium c. Teste meipso apud Westm 27. die Junii anno regni nostri 13. In the same Roll we finde another Charter of Denization granted in the first of Edward the fourth in a more larger and beneficial form Edw. Dei gratia c. Omnibus Ballivis c. Salutem Sciatis quod nos volentes Willielmum O Bolgir capellanum de Hibernica Natione existentem favore prosequi gratioso de gratia nostra speciali c. Concessimus eidem Willielmo quod ipse liberi sit Status liberae conditionis ab omni servitute Hibernicâ liber quietus quod ipse legibus Anglicanis in omnibus per omnia uti possit gaudere eodem modo quo homines Anglici infra dictam terram eas habent iis gaudent utuntur quodque ipse respondeat respondeatur in quibuscumque Curiis nostris ac omnimod terras tenementa redditus servitia perquirere possit sibi haere dibus suis imperpetuum c. If I should collect out of the Records all the Charters of this kind I should make a Volume thereof but these may suffice to shew that the meer Irish were not reputed free Subjects nor admitted to the benefit of the Laws of England until they had purchased Charters of Denization Lastly the meer Irish were not onely accounted Aliens but Enemies and altogether out of the Protection of the Law so as it was no capital Offence to kill them and this is manifest by many Records At a Gaol-delivery at Waterford before John Wogan Lord Justice of Ireland the fourth of Edward the second we finde it recorded among the Pleas of the Crown of that year Quod Robertus le Wayleys rectatus de morte Johannis filii Juor Mac Gillemory felonice per ipsum interfecti c Venit bene cognovit quod praedictum Johannem interfecit dicit tamon quod peri● ejus interfectionem feloniam committere non potuit quia dicit quod praedictus Johannes fuit purus Hibernicus non de libero sanguine c. Et cum Dominus dicti Johannis cujus Hibernicus idem Johannes suit die quo interfectus fuit solutionem pro ipso Johanne Hibernico suo sic interfecto petere voluerit ipse Robertus paratus erat ad respondend ' de solutione praedict prout Justitia suadebit Et super hoc venit quidam Johannes le Poer dicit pro Domino Rege quod praedict Iohannes filius Iuor Mac Gillemory antecessores sui de cognonime praedict à tempore quo Dominus Henricus filius Imperatricis quondam Dominus

middle time between these two attempts the great alteration which he made in the State Ecclesiastical caused him to stand upon his guard at home the Pope having sollicited all the Princes of Christendom to revenge his quarrel in that behalf And thus was King Henry the eighth detained and diverted from the absolute reducing of the Kingdom of Ireland LAstly the infancy of King Edward the sixth and the Coverture of Qu. Mary which are both Non abilities in the Law did in fact disable them to accomplish the Conquest of Ireland SO as now this great work did remain to be performed by Queen ELIZABETH who though she were diverted by suppressing the open rebellion in the North by preventing divers secret Conspiracies against her person by giving aids to the French and States of the Low-Countries by maintaining a Naval war with Spain for many years together yet the sundry rebellions joyned with forraign invasions upon this Island whereby it was in danger to be utterly lost and to be possessed by the Enemies of the Crown of England did quicken her Majesties care for the preservation thereof and to that end from time to time during her Reign she sent over such supplies of men and treasure as did suppress the Rebels and repell the invaders Howbeit before the transmitting of the last great army the forces sent over by Queen Elizabeth were not of sufficient power to break and subdue a●l the Irishry and to reduce and reform the whole Kingdom but when the general defection came which came not without a special providence for the final good of that Kingdom though the second causes thereof were the faint prosecution of the War against Tyrone the practises of Priests and Jesuites and the expectation of the aids from Spain Then the extream peril of loosing the Kingdom the dishonour and danger that might thereby grow to the Crown of England together with a just disdain conceived by that great minded Queen that so wicked and ungratefull a Rebell should prevail against Her who had ever been victorious against all her enemies did move and almost enforce her to send over that mighty army and did withall enflame the hearts of the Subiects of England chearfully to contribute towards the maintaining thereof a Million of sterling pounds at least which was done with a purpose only to Save and not to Gain a Kingdom To keep and retain that Soveraignty which the Crown of England had in Ireland such as it was and not to recover a more absolute Dominion But as it faileth out many times that when a house is on fire the Owner to save it from burning pulleth it down to the ground but that pulling down doth give occasion of building it up again in a better form So these last Wars which to save the Kingdome did utterly break and destroy this people produced a better effect than was at first expected For every Rebellion when it is supprest doth make the subject weaker and the Prince stronger So this general revolt when it was overcome did produce a general Obedience and Reformation of all the Irishry which ever before had been disobedient and unreformed and thereupon ensued the final and full conquest of Ireland And thus much may suffice to be spoken touching the defects in the martial affairs and the weak and faint prosecution of the war and of the several Impediments or employments which did hinder or divert every King of England successively from reducing Ireland to their absolute subjection IT now remaineth that we shew the defects of the Civil Policy and Government which gave no less impediment to the perfection of this Conquest THe first of that kind doth consist in this That the Crown of England did not from the beginning give Laws to the Irishry whereas to give Laws to a conquered people is the principal mark and effect of a perfect Conquest For albeit King Henry the second before his return out of Ireland held a Council or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Juratoria Cautione praestita confirmatae as Matth. Paris writeth And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and placed Sheriffs and other Ministers to rule and govern the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio scatuit praecepit leges Anglicanas teneri in Hibernia c. as we finde it recorded among the Patent Rolls in the Tower 11 Hen. 3. m. 3. Though likewise King Henry the third did grant and transmit the like Charter of Liberties to his Subjects of Ireland as himself and his Father had granted to the Subjects of England as appeareth by another Record in the Tower 1 Hen. 3. Pat. m. 13. And afterwards by a special Writ did command the Lord Justice of Ireland Quod convocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Johannis quam ipse legi fecit jurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae observandis quod leges illas teneant observent 12 Hen. 3. Claus m. 8. And after that again the same King by Letters Patents under the Great Seal of England did confirm the Establishment of the English Laws made by King John in this form Quia pro Communi utilitate terrae Hiberniae ac unitate terrarum de Communi Consilio provisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra ejusdem legibus subjaceat ac per easdem regatur sicut Johannes Rex cum illic esset Statuit firmiter mandavit ideo volumus quod omnia brevia de Communi Jure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo nostro c. Teste meipso apud Woodstock c. Which Confirmation is found among the Patent Rolls in the Tower Anno 30. Hen. 3. Notwithstanding it is evident by all the Records of this Kingdom that onely the English Colonies and some fews Septs of the Irishry which were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crown of England insomuch as they were not onely disabled to bring any actions but they were so far out of the protection of the law as it was often adjudg'd no felony to kill a meer Irishman in the time of peace That the meer Irish were reputed Aliens appeareth by sundry Records wherein Judgement is demanded if they shall be answered in Actions brought by them and likewise by the Charters of Denization which in all ages were purchased by them In the Common Plea Rolls of 28 Edward the third which