Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	good_a	writ_n	2,611	5	9.6564	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68197	The first and second volumes of Chronicles. [vol. 1] comprising 1 The description and historie of England, 2 The description and historie of Ireland, 3 The description and historie of Scotland: first collected and published by Raphaell Holinshed, William Harrison, and others: now newlie augmented and continued (with manifold matters of singular note and worthie memorie) to the yeare 1586. by Iohn Hooker aliàs Vowell Gent and others. With conuenient tables at the end of these volumes.; Chronicles of England, Scotlande, and Irelande. vol. 1	Holinshed, Raphael, d. 1580?; Stanyhurst, Richard, 1547-1618.; Fleming, Abraham, 1552?-1607.; Stow, John, 1525?-1605.; Thynne, Francis, 1545?-1608.; Hooker, John, 1526?-1601.; Harrison, William, 1534-1593.; Boece, Hector, 1465?-1536.; Giraldus, Cambrensis, 1146?-1223?	1587 (1587)	STC 13569_pt1; ESTC S122178	1,179,579	468

but little skill to procéed in the same accordinglie it shall suffice to set downe some generall discourse of such as are vsed in our daies and so much as I haue gathered by report and common heare-saie We haue therefore in England sundrie lawes and first of all the ciuill vsed in the chancerie admeraltie and diuerse other courts in some of which the seuere rigor of iustice is often so mitigated by conscience that diuerse things are thereby made easie and tollerable which otherwise would appeare to be méere iniurie and extremitie We haue also a great part of the Canon law dailie practised among vs especiallie in cases of tithes contracts of matrimonie and such like as are vsuallie to be séene in the consistories of our bishops and higher courts of the two archbishops where the exercise of the same is verie hotlie followed The third sort of lawes that we haue are our owne those alwaies so variable subiect to alteration and change that oft in one age diuerse iudgements doo passe vpon one maner of case whereby the saieng of the poet Tempora mutantur nos mutamur in illis may verie well be applied vnto such as being vrged with these words In such a yeare of the prince this opinion was taken for sound law doo answer nothing else but that the iudgement of our lawiers is now altered so that they saie farre otherwise The regiment that we haue therefore after our owne ordinances dependeth vpon thrée lawes to wit Statute law Common law Customarie law and Prescription according to the triple maner of our trials and iudgments which is by parlement verdict of twelue men at an assise or wager of battell of which the last is little vsed in our daies as no appeale dooth hold in the first and last rehearsed But to returne to my purpose The first is deliuered vnto vs by parlement which court being for the most part holden at Westminster néere London is the highest of all other consisteth of three seuerall sorts of people that is to saie the nobilitie cleargie and commons of this realme And thereto is not summoned but vpon vrgent occasion when the prince dooth see his time and that by seuerall writs dated commonlie full six wéekes before it begin to be holden Such lawes as are agreed vpon in the higher house by the lords spirituall and temporall and in the lower house by the commons and bodie of the realme whereof the conuocation of the cleargie holden in Powles or if occasion so require in Westminster church is a member there speaking by the mouth of the knights of the shire and burgesses remaine in the end to be confirmed by the prince who commonlie resorteth thither of custome vpon the first and last daies of this court there to vnderstand what is doone and giue his roiall consent to such statutes as him liketh of Comming therefore thither into the higher house and hauing taken his throne the speaker of the parlement for one is alwaies appointed to go betwéene the houses as an indifferent mouth for both readeth openlie the matters there determined by the said thrée estates and then craueth the princes consent and finall confirmation to the same The king hauing heard the summe and principall points of each estatute brieflie recited vnto him answereth in French with great deliberation vnto such as he liketh Il nous plaist but to the rest Il ne plaist whereby the latter are made void and frustrate That also which his maiestie liketh of is hereby authorised confirmed euer after holden for law except it be repealed in anie the like assemblie The number of the commons assembled in the lower house beside the cleargie consisteth of ninetie knights For each shire of England hath two gentlemen or knights of greatest wisedome and reputation chosen out of the bodie of the same for that onelie purpose sauing that for Wales one onlie is supposed sufficient in euerie countie whereby the number afore mentioned is made vp There are likewise fourtie and six citizens 289 burgesses and fourtéene barons so that the whole assemblie of the laitie of the lower house consisteth of foure hundred thirtie and nine persons if the iust number be supplied Of the lawes here made likewise some are penall and restraine the common law and some againe are found to inlarge the same The one sort of these also are for the most part taken strictlie according to the letter the other more largelie and beneficiallie after their intendment and meaning The Common law standeth vpon sundrie maximes or principles and yeares or termes which doo conteine such cases as by great studie and solemne argument of the iudges sound practise confirmed by long experience fetched euen from the course of most ancient lawes made farre before the conquest and thereto the déepest reach and foundations of reason are ruled and adiudged for law Certes these cases are otherwise called plees or action wherof there are two sorts the one criminall and the other ciuill The meanes and messengers also to determine those causes are our writs or bréefes whereof there are some originall and some iudiciall The parties plaintiffe defendant when they appeare procéed if the case doo so require by plaint or declaration barre or answer replication reioinder and so by rebut surre but to issue and triall if occasion so fall out the one side affirmatiuelie the other negatiuelie as common experience teacheth Our trials and recoueries are either by verdict and demourre confession or default wherein if anie negligence or trespasse hath béene committed either in processe and forme or in matter and iudgement the partie grieued may haue a writ of errour to vndoo the same but not in the same court where the former iudgement was giuen Customarie law consisteth of certeine laudable customes vsed in some priuat countrie intended first to begin vpon good and reasonable considerations as gauell kind which is all the male children equallie to inherit and continued to this daie in Kent where it is onelie to my knowledge reteined and no where else in England It was at the first deuised by the Romans as appeareth by Caesar in his cōmentaries wherein I find that to breake and daunt the force of the rebellious Germans they made a law that all the male children or females for want of males which holdeth still in England should haue their fathers inheritance equallie diuided amongst them By this meanes also it came to passe that whereas before time for the space of sixtie yeares they had put the Romans to great and manifold troubles within the space of thirtie yeares after this law made their power did wax so feeble and such discord fell out amongst themselues that they were not able to mainteine warres with the Romans nor raise anie iust armie against them For as a riuer runing with one streame is swift and more plentifull of water than when it is drained or drawne into manie branches so the

vse it with extremitie towards our owne nation after we haue once found the meanes to shut out forreners from the bringing in of the like It breedeth in like manner great expense and waste of wood as dooth the making of our pots and table vessell of glasse wherein is much losse sith it is so quicklie broken and yet as I thinke easie to be made tougher if our alchumists could once find the true birth or production of the red man whose mixture would induce a metallicall toughnesse vnto it whereby it should abide the hammer Copper is latelie not found but rather restored againe to light For I haue read of copper to haue béene heretofore gotten in our Iland howbeit as strangers haue most commonly the gouernance of our mines so they hither to make small gains of this in hand in the north parts for as I am informed the profit dooth verie hardlie counteruaile the charges whereat wise men doo not a litle maruel considering the abundance which that mine dooth séeme to offer and as it were at hand Leland our countrieman noteth sundrie great likelihoods of naturall copper mines to be eastwards as betwéene Dudman and Trewa●●thher places wherea● in sundrie pla●es of this booke alreadie and therefore it shall b● but in vaine to repeat them here againe as for ●hat which is gotten out of the marchasite I speake not of it sith it is not incident to my purpose In Dorsetshire also a copper mine latelie found is brought to good perfection As for our stéele it is not so good for edge-tooles as that of Colaine and yet the one is often sold for the other and like tale vsed in both that is to saie thirtie gads to the sheffe and twelue sheffes to the burden Our alchumie is artificiall and thereof our spoones and some salts are commonlie made and preferred before our pewter with some albeit in truth it be much subiect to corruption putrifaction more heauie and foule to handle than our pewter yet some ignorant persons affirme it to be a mettall more naturall and the verie same which Encelius calleth Plumbum cinereum the Germans wisemute mithan counterfeie adding that where it groweth siluer can not be farre off Neuerthelesse it is knowne to be a mixture of brasse lead and tin of which this latter occupieth the one halfe but after another proportion than is vsed in pewter But alas I am persuaded that neither the old Arabians nor new alchumists of our time did euer heare of it albeit that the name thereof doo séeme to come out of their forge For the common sort indeed doo call it alchumie an vnwholsome mettall God wot and woorthie to be banished and driuen out of the land And thus I conclude with this discourse as hauing no more to saie of the mettals of my countrie except I should talke of brasse bell mettall and such as are brought ouer for merchandize from other countries and yet I can not but saie that there is some brasse found also in England but so small is the quantitie that it is not greatlie to be estéemed or accounted of Of pretious stones Chap. 12. THe old writers remember few other stones of estimation to be found in this Iland than that which we call great and they in Latine Gagates wherevnto furthermore they ascribe sundrie properties as vsuallie practised here in times past whereof none of our writers doo make anie mention at all Howbeit whatsoeuer it hath pleased a number of strangers vpon false surmise to write of the vsages of this our countrie about the triall of the virginitie of our maidens by drinking the powder hereof against the time of their bestowing in mariage certeine it is that euen to this daie there is some plentie to be had of this commoditie in Darbishire and about Barwike whereof rings salts small cups and sundrie trifling toies are made although that in manie mens opinions nothing so fine as that which is brought ouer by merchants dailie from the maine But as these men are drowned with the common errour conceiued of our nation so I am sure that in discerning the price and value of things no man now liuing can go beyond the iudgement of the old Romans who preferred the geat of Britaine before the like stones bred about Luke and all other countries wheresoeuer Marbodeus Gallus also writing of the same among other of estimation saith thus Nascitur in Lycialapis propè gemma Gagates Sed genus eximium faecunda Britannia mittit Lucidus niger est leuis leuissimus idem Vicinas paleas trahit attritu calefactus Ardet aqua lotus restinguitur vnctus oliuo The Germane writers confound it with amber as if it were a kind therof but as I regard not their iudgement in this point so I read that it taketh name of Gagas a citie and riuer in Silicia where it groweth in plentifull maner as Dioscorides saith Nicander in Theriaca calleth it Engangin and Gangitin of the plentie thereof that is found in the place aforesaid which he calleth Ganges and where they haue great vse of it in driuing awaie of serpents by the onelie perfume thereof Charles the fourth emperour of that name glased the church withall that standeth at the fall of Tangra but I cannot imagine what light should enter therby The writers also diuide this stone into fiue kinds of which the one is in colour like vnto lion tawnie another straked with white veines the third with yellow lines the fourth is garled with diuerse colours among which some are like drops of bloud but those come out of Inde and the fift shining blacke as anie rauens feather Moreouer as geat was one of the first stones of this I le whereof anie forren account was made so our pearles also did match with it in renowme in so much that the onelie desire of them caused Caesar to aduenture hither after he had séene the quantities and heard of our plentie of them while he abode in France and whereof he made a taberd which he offered vp in Rome to Uenus where it hoong long after as a rich and notable oblation and testimonie of the riches of our countrie Certes they are to be found in these our daies and thereto of diuerse colours in no lesse numbers than euer they were in old time Yet are they not now so much desired bicause of their smalnesse and also for other causes but especiallie sith church worke as copes vestments albes tunicles altarclothes canopies and such trash are worthilie abolished vpon which our countrimen superstitiously bestowed no small quantities of them For I thinke there were sew churches or religious houses besides bishops miters bookes and other pontificall vestures but were either throughlie fretted or notablie garnished with huge numbers of them Marbodeus likewise speaking of pearles commendeth them after this maner Gignit insignes antiqua Britannia baccas c. Marcellinus also Lib. 23 in ipso fine speaketh of our

should not come togither againe Now for that a displeasing and a doubtfull peace was not like to bring quietnesse either to him or to his armie he tooke from such as he suspected their armour And after this he went about to defend the riuers of Auon Seuerne with placing his souldiers in camps fortified néere to the same But the Oxfordshire men and other of those parties would not suffer him to accomplish his purpose in anie quiet sort being a puissant kind of people and not hitherto weakened by warres for they willinglie at the first had ioined in amitie with the Romans The countries adioining also being induced by their procurement came to them so they chose forth a plot of ground fensed with a mightie ditch vnto the which there was no waie to enter but one the same verie narrow so as the horssemen could not haue anie easie passage to breake in vpon them Ostorius although he had no legionarie souldiers but certeine bands of aids marched foorth towards the place within the which the Britains were lodged and assaulting them in the same brake through into their campe where the Britains being impeached with their owne inclosures which they had raised for defense of the place knowing how that for their rebellion they were like to find small mercie at the Romans hands when they saw now no waie to escape laid about them manfullie and shewed great proofe of their valiant stomachs In this battell the sonne of Ostorius the lieutenant deserued the price and commendation of preseruing a citizen out of the cruell enimies hands But now with this slaughter of the Oxfordshire men diuers of the Britains that stood doubtfull what waie to take either to rest in quiet or to moue warres were contented to be conformable vnto a reasonable order of peace in so much that Ostorius lead his armie against the people called Cangi who inhabited that part of Wales now called Denbighshire which countrie he spoiled on euerie side no enimie once daring to encounter him if anie of them aduentured priuilie to set vpon those which they found behind or on the outsids of his armie they were cut short yer they could escape out of danger Wherevpon he marched straight to their campe and giuing them battell vanquished them and vsing the victorie as reason moued him he lead his armie against those that inhabited the inner parts of Wales spoiling the countrie on euerie side And thus sharplie pursuing the rebels he approched néere vnto the sea side which lieth ouer against Ireland While this Romane capteine was thus occupied he was called backe by the rebellion of the Yorkshire men whome forthwith vpon his comming vnto them he appeased punishing the first authors of that tumult with death In the meane time the people called Silures being a verie fierce kind of men and valiant prepared to make warre against the Romans for they might not be bowed neither with roughnesse nor yet with anie courteous handling so that they were to be tamed by an armie of legionarie souldiers to be brought among them Therefore to restraine the furious rage of those people and their neighbours Ostorious peopled a towne néere to their borders called Camelodunum with certeine bands of old souldiers there to inhabit with their wiues and children according to such maner as was vsed in like cases of placing naturall Romans in anie towne or citie for the more suertie and defense of the same Here also was a temple builded in the honor of Claudius the emperour where were two images erected one of the goddesse Uictoria and an other of Claudius himselfe The coniectures of writers touching the situation of Camelodunum supposed to be Colchester of the Silures a people spoken of in the former chapter a foughten field betwene Caratacus the British prince and Ostorius the Romaine in the confines of Shorpshire the Britains go miserablie to wracke Caratacus is deliuered to the Romans his wife and daughter are taken prisoners his brethren yeeld themselues to their enimies The sixt Chapter BUt now there resteth a great doubt among writers where this citie or towne called Camelodunum did stand of some and not without good ground of probable coniectures gathered vpon the aduised consideration of the circumstances of that which in old authors is found written of this place it is thought to be Colchester But verelie by this place of Tacitus it maie rather seeme to be some other towne situat more westward than Colchester sith a colonie of Romane souldiers were planted there to be at hand for the repressing of the vnquiet Silures which by consent of most writers inhabited in Southwales or néere the Welsh marshes There was a castell of great fame in times past that hight Camaletum or in British Caermalet which stood in the marshes of Summersetshire but sith there is none that hath so written before this time I will not saie that happilie some error hath growne by mistaking the name of Camelodunum for this Camaletum by such as haue copied out the booke of Cornelius Tacitus and yet so it might be doon by such as found it short or vnperfectlie written namelie by such strangers or others to whom onelie the name of Camelodunum was onelie knowne and Camaletum peraduenture neuer séene nor heard of As for example and Englishman that hath heard of Waterford in Ireland and not of Wexford might in taking foorth a copie of some writing easilie commit a fault in noting the one for the other We find in Ptolomie Camedolon to be a citie belonging to the Trinobants and he maketh mention also of Camelodunum but Humfrey Lhoyd thinketh that he meaneth all one citie Notwithstanding Polydor Virgil is of a contrarie opinion supposing the one to be Colchester in déed and the other that is Camelodunum to be Doncaster or Pontfret Leland esteeming it to be certeinelie Colchester taketh the Iceni men also to be the Northfolke men But howsoeuer we shall take this place of Tacitus it is euident inough that Camelodunum stood not farre from the Thames And therefore to séeke it with Hector Boetius in Scotland or with Polydor Virgil so far as Doncaster or Pontfret it maie be thought a plaine error But to leaue each man to his owne iudgement in a matter so doubtfull we will procéed with the historie as touching the warres betwixt the Romans and the Silurians against whome trusting not onelie vpon their owne manhood but also vpon the high prowesse valiancie of Caratacus Ostorius set forward Caratacus excelled in fame aboue all other the princes of Britaine aduanced thereto by manie doubtfull aduentures and manie prosperous exploits which in his time he had atchiued but as he was in policie and aduantage of place better prouided than the Romans so in power of souldiers he was ouermatched And therefore he remoued the battell into the parts of that countrie where the Ordouices inhabited which are thought to haue dwelled in the borders