Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	erroneous_a	error_n	writ_n	2,062	5	9.6571	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20577	The history of the ancient and moderne estate of the principality of Wales, dutchy of Cornewall, and earldome of Chester Collected out of the records of the Tower of London, and diuers ancient authours. By Sir Iohn Dodridge Knight, one of his Maiesties iudges in the Kings Bench. And by himselfe dedicated to King Iames of euer blessed memory.	Doddridge, John, Sir, 1555-1628.	1630 (1630)	STC 6982; ESTC S109765	59,203	160

to serue the present case then vse they the writ of Quod ei deforciat which supplieth that defect And although the Principality of Wales as hath appeared by some of the records aboue mentioned were diuided into three Prouinces Northwales Southwales and Westwales for so in some of the former patents they are mentioned yet for the Iurisdiction thereof it was diuided into two parts Northwales and Southwales for a great part of Westwales was comprehended within the Shire of Pembrooke which is a very ancient Shire of Wales and the Territory thereof conquered by the English in the time of William Rufus Long time before the generall conquest of Wales by Richard Strangbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow was the first that attempted the conquest of Ireland in the dayes of Henry the second which was aboue an hundred yeeres before the conquest of Wales by King Edward the first This Earledome of Pembrooke had in ancient time palatine Iurisdiction and therefore in some records is called regalis comitatus Pembrochiae The Prouinces of Northwales and Southwales were gouerned for Law in this manner The Prince had and vsed to hold a Chancery and a Court of Exchequer in the Castle of Carnarvon for Northwales and had a Iudge or Iustice which ministred Iustice there to all the Inhabitants of Northwales and therefore was called the Iustice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Carmarthen for Southwales where he had a Iustice also called the Iustice of Southwales and the Courts of their Iustices or Iudges so held within their seuerall Prouinces were called the great Sessions of those Prouinces and sometimes these Iustices were itinerant and sate in euery of the seuerall Counties of his Prouince in these great Sessions the causes of greatest moment reall personall and mixt and pleas of the Crowne concerning life and members were heard and determined In these great Courts also vpon creation of euery new Prince there were granted by the people of that Prouince vnto the Prince nomine recognitionis ad primum adventum principis certaine summes of money as it were in acknowledgement or reliefe of the new Prince which summes of money are called by them Mises These Mises or summes of money were granted by the people vnto the Prince for his allowance of their Lawes and ancient Customes and a generall pardon of their offences fineable or punishable by the Prince and that summe of these Mises for the Shire of Carmerthen only amounted vnto eight hundred markes and for the Shire of Cardigan the totall summe of these Mises amounted vnto sixe hundred markes as by sundry records doth appeare these summes of mony were paid at certaine daies by seuerall portions such as were appointed and in the said Sessions agreed vpon Also in ●u●ry Shire of eu●ry of the said Prouinces there were holden certaine inferior Courts called therefore County Courts and Shire Courts and Tournes after the manner of England and which by some were also the petty Sessions And there were also Courts inferior in sundry Counties for ending of causes of lesse moment and importance and if any wrong iudgement were giuen in any of these Courts inferior the same was redressed by a writ of false iudgement in the Court superior And if any ●rronious iudgement were giuen in the great Sessions which was the supreme Court of Iustice that error was either redressed by the iudgement of penall Iustices itinerant or else in the Parliament and not otherwise in any the Courts of Iustice now at Westminster As touching the gouernment of the Marches of Wales it appeareth by diuers ancient monuments that the Conqueror after hee had conquered the English placed diuers of his Norman Nobility vpon the confines and borders towards Wales and erected the Earldome of Chester being vpon the borders of Northwales to Palatine and gaue power vnto the said persons thus placed vpon those borders to make such conquests vpon the Welsh as they by their strength could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serue him but also to prouide for them at other mens costs And hereupon further ordained that the lands so conquered should be holden of the Crowne of England in capite and vpon this and such like occasions d●uers of the Nobility of England hauing lands vpon the said borders of Wales made roades and incursions vpon the Welsh whereby diuers parts of that Country neere or towards the said borders were wonne by the sword from the Welshmen and were planted partly with ●nglish Collonies and and the said lands so conquered were holden per Baronia and were called therefore Baronyes Marchers In such manner did Robert Fitzhamo● acquire vnto himselfe and such others as assisted him the whole Lordship of Glamorgan vs●●g in some resemblance the Roman policy to enlarge Territories by stepping in betweene two competitors and by helping the one hee subdued the other and after ●urning his ●word against him whom he assisted and making this the pretence of his quarrel alleadge that he whom he had assisted had denied to make vnto him sufficient recompence for his susteined trauils and so made himsel●e abso'ute owner of all likewise Barnard Newmarch conqu●●ed the Lordship of Brecknock containing three Cantreds and established his conquest by a mariage in the Welsh blood H●gh Lacy conquered the lands of Ewyas called after his name Ewyas Lacy and others did the like in other places of the borders all which were Baronies Marchers and were holden by such the Conquerors thereof in capite of the Crowne of England and because they and their posterity might the better keepe the said Lands so acquired and that they might not bee withdrawne by suits of Law from the defence of that which they had thus subdued The said Lordships and Lands so conquered were ordained Baronies Marchers and ●ad a kinde of Palatine ●urisdiction erected in ●u●ry of them and power to administer Iustice vnto their Tenants in euery of their Territories hauing therein Courts with diuers priuiledges franchises and immunities so that the Writs of ordinary Iustice out of the Kings Courts were for the most part not currant amongst them Neuerthelesse if the whole Barony had come in question or that the strife had beene two Barons Marchers touching their Territories or confines thereof for want of a Superiour they had recourse vnto the King their supreame Lord and in these and such like cases where their owne Iurisdiction failed Iustice was vnministred vnto them in the Superiour Courts of this Realme And this was the state of the gouernement of the Marches of Wales both before and after the generall Conquest of Wales made by king Edward the First as hath beene declared vntill the seauen and twentieth yeere of King Henry the Eight And as touching the first

herein they haue the same iurisdiction that the Iustices of the Common place doe execute in the Hall at Westminster Also they may heare and determine all assizes vpon disseisons of lands or hereditaments wherein they equall the Iurisdiction of the Iustices of affize They may heare and determine all notable violences and outrages perpetrated or done within their seuerall Precyncts and therein they haue the power authority and iurisdiction of the Iustices of Oyer and Terminer Their Chauncery Seale and Writs FOrasmuch as no suit can commence between party and party nor orderly iustice can bee done without complaint of the Pursuant and summons and monition giuen vnto the defendant which summons the policy of England from the beginning of the first foundation of this Common-wealth hath appointed to be performed by that kinde of formulae Iuris which the common law calleth a Writ or Briefe so called as Bracton saith Breue quia rem quae est et intentionē petent is breuiter ●narrat and which Writ is alwaies conceiued in forme in the Kings name in manner of a Precept royall and sealed with the Kings great Seale Therefore in the appointing of this iurisdiction there is ordained to euery Circuit or Precynct a seuerall Seale for the sealing of such Writs and Commissions as the case shall require within that Circuit And forasmuch as all Writs are either originall such as doe begin the Sute or else Iudiciall such as command and warrant the execution therefore it is by the said Statute made in 34. h. 8. ordained that the Seale seruing for Originall Proces in the seuerall Shires of Denbigh and Montgomery should be in the custody of the Chamberlaine of Denbigh and that the Originall Seale of Chester shall be and stand for the Originall Seale of Flint and shall be in the custody of the Chamberlaine of Chester The like Seale seruing for the seuerall Shires of Carnaruon Merioneth and Anglesey to be in the custody of the Chamberlaine of North-Wales The like Seale concerning the seuerall Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknock And finally the like Seale seruing the seuerall Shires of Carmarden Pembrooke and Cardigan is in the vsage of the Chamberlaine of South-Wales These Chamberlaines are as Chancellors in this behalfe and haue the sealing of all Originall Writs and Commissions within their seuerall Precyncts and these Chamberlaines may also award out seuerall Writs to all vnder-Receiuers of the reuenues and ministers to make their accounts The Seale for the sealing of Iudiciall Writs is appointed by the said Statute of 34. h. 8. to be and remaine by the Iustices of euery of the said Circuits for the more expedite execution of their iudgements Their Sessions and manner of Sittings EVery of these Iustices in their seuerall Circuits shall be Itinerant twice euery yeere and sit in euery of the Shires within their authority by the space of sixe dayes together at a place certaine by them to be appointed and vpon proclamation of summons to be made fifteen daies before the said sittings where all persons requiring Iustice may purchase their Writs and proceed in their suits And where adiournements of the Causes there depending shall be de die in diem and if the Cause can haue no end during the sitting then from Sessions to Sessions as the nature of the businesse shall require and according to the discretion of the said Iustices and these sittings are called the great Session And if there shall be such multitude of pleas personall as that they cannot be tried at the same great Sessions then the issues there in tryall shall and may be tried at some other Sessions before the Deputy Iustice which is therefore called the petty Sessions And if any erronious Iudgement be giuen by the said Iustices in any reall action the same shall be reuersed by Writ of error before the Iustices of the Kings Bench. And if the said erronious iudgement shall be in any action personall the same shall be reuersed by Bill before the Lord President of the Marches and Councell there Officers Ministers Clarkes and Writers for the expediting of the said great Sessions FIrst there are the Chamberlaines of euery of the said Circuits as hath beene said who are properly and originally the Treasurers of the reuenue within their charge and by the said Statutes are also keepers of the Seales as aforesaid wherein they doe vndertake in part the office of a Chauncellor And in euery of the said Circuits there is the Atturney or Regius aduocatus and Sollicitor There is a Prothonotary or chiefe Register who draweth all the pleadings entreth and ingrosseth the Records and Iudgements in ciuill causes and ingrossing Fynes And there is also a Clarke of the Crowne which draweth and ingrosseth all Inditements and Proceedings Arraignements and Iudgements in Criminall causes And these two Officers are at your Maiesties appointment There is a Marshall to attend the persons of the Iudges at their common sitting and going from the Sessions or Court There is a Cryer tanquam publicus preco to call forth such persons whose apparances are necessary and to impose silence to the people And these two Officers last remembred are disposed by the Iustices And thus much touching the Iustices of the great Sessions There are also other ordinary officers appointed for euery shire in Wales by the said Statute of 34. h. 8. such and in like manner as in other the Shires of England There is a Commission vnder the great Scale of England to certaine Gentlemen giuing them power to preserue the peace and to resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called the Iustices of Peace and euery of them may well be termed Eirenarcha The chiefe of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Iustices of the Peace and quorum because in their Commissions whereby they haue power to sit and determine Causes concerning breach of peace and misbehauiour the words of their Commission are conceined this quorum such and such vnum vel duos c. esse volumus and without some one or more of them of the quorum No Sessions can be holden and for the auoyding of a superfluous number of such Iustices for through the ambition of many it is counted a credit to be burthened with that authority The Statute of 34. h. 8. hath expresly prohibited that there shall be but eight Iustices of peace within euery of the Counties and Shires of Wales which if the number were not indefinite for the Shires of England it were the better These Iustices doe hold their Sessions quarterly And it is further ordained by the said Statute of 34. h. 8. that two Iustices of peace where of one to be of the quorum may hold their Sessions without