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	judge_n	writ_n	1,482	5	9.3217	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29929	A vindication of the case relating to the greenwax fines shewing how the rights and prerogative of the Crown are diminished, officers enriched, and the subjects oppressed by the mismanagement of that revenue : also, disproving the allegations used to hinder a reformation thereof, as contradictory to the reports and resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages.	Brunskell, Percivall, 17th cent.	1684 (1684)	Wing B5238; ESTC R31991	33,087	115

Sallaries and Imployments As to Heriots and Reliefes Sir William Jones Sir Robert Sawyer and Sir John Sympson gave their Opinions That Heriots and Releifes are fully saved in the Crown by the Statute 12 Car. 2. cap. 24. But now t is alledged That Tenures as part and parcel of Mannors pass by your Majesties Grant of a Customary Mannor cum pertinen ' whereas Heriots and Releifes being Services incident to Tenures and Tenures in Gross to the Persons and disappendant to Land or Mannors cannot pass by grant of the Mannors or Land cum pertinen ' As for instance There is no Land in England in the hands of any Subject but what 's holden of some Lord or other by some kind of Service Cooke upon Litleton Fol. 65. a. And the Services make Tenures Fol. 92. b. And every Freehold Tenant except in Frank Almoigne is bound to do Fealty to his Lord for the Tenement holden of him Cooke upon Litleton Sect. 91. If Lords knew the advantages of Homage and Fealty they would not neglect them Cooke upon Litleton Sect. 94. Also the Writ de Cessavit saith precipe a quod juste c. reddit B. Tentum suum quod de eo which is de Domino non de Manerio tenuit per tale Servicium Et quod perfat ' reverti debet Eo quod predict ' a infaciendo Servic ' per biennium cessavit c. Ergo The Tenures being in Gross to the Person and disappendant to the Mannor cannot pass with the Grant of the Mannor cum pertinen ' in your Majesties Case Because the Services which make the Tenures oblige Your Tenants upon pain of forfeiting their Estates by Force of the Statute 13 Ed. 1. to be ever in readiness to defend your Majesty and Kingdom in time of War and encourage Tillage in times of Peace for the preservation thereof and relief of the poor And an Army of such Freehold Tenants may in reason be thought better Souldiers than Hirelings saying Omnia mea mecum porto who will fight for or revolt from your Majesty as their Interest leads It is agreed That Tenures and Services are Established by Custom and Common Law pro bono publico That the Common Law shall be preferred before Acts of Parliament clashing with it That if a private Lord Alien a Customary Mannor consisting of Freehold Tenants the very Tenures Services and Royalties which he hath shall pass to the Alienee by general words because it 's equal to your Majesty and Subjects whether the Alienor or Alienee have them that the Act and Deed of a private person shall be construed most strongly against him But when Customary Mannors come into the Crown by Attainder Escheat or otherwise The Tenures are thereby changed from the Person of the Lord to the Person of your Majesty so become special Royalties And Royalties shall not pass out of the Crown by the Grant of the Mannors cum pertinen ' or general words Hob. Rep. 233 234. Plow Com. 333. b. 334. a. Dyer Fol. 268. Davys Rep. Fol. 56. a. If a private Lord Alien Land it shall be holden of the Alienee If your Majesty Alien it shall be holden of Your Self in Capite Rolls Abridgments Fol. 517. Private Lords may and do frequently Manumit their Tenants But if your Majesty Release a Tenant in Capite to hold by a penny and not in Capite That Release is void because the Tenures are incident to Your Person and Crown Rolls Abridgments Fol. 513. For that reason the Homage and Fealty of your Majesties Tenants do differ from private Lords For your Majesties is called Homagium Ligeum which bind them by Oath to be Your subjects of life and member Cooke upon Litleton Fol. 68. And every thing is expounded most largly and beneficially for your Majesty Because the Profits of the Crown are termed Ornamenta pacis et firmamenta Belli And of so High Estimation that every body is bound to promote them Cookes Reports the Earl of Devonshires Case Therefore the Learned Judge Hutton declared Tenures and Services to be inseparably annexed and united to the Imperial Crown And the Learned Lord Chief Justice Hailes and others who had the penning of the Statute Anno 12 of your Majesties Raign saved Rents Heriots and Suits of Court incident to Tenures in Capitee to be as they were before the Tenures were thereby turned or alter'd into common Soccage Also createth a Relief as in Soccage Tenure and saved the Fealty incident thereto And the 4th proviso of the same Statute dischargeth Tenants holding by Soccage in Capite of no service but Ward Value and forfeiture of Marriage Livery primer seisin ouster le Mayne pur fair ' Fitz Chivalier purfile Marrier Ergo Heriots and Reliefs ought to be in charge with the Auditors where your Majesty hath not granted them away in Terminis as separate and disappendant to your Mannors As to Offices The Law consisteth but of two parts viz. Judicial and Executive And most Offences being Baylable it 's at the Criminals Election whether they will stand Tryal or forfeit their Recognizance Ergo If Officers for Bribes or Rewards withdraw Recognizances They frustrate the Judicial part Officers are also entrusted to see proceedings right and duely Drawn and Recorded but if they by ignorance corruption or negligence draw long and vexatious Bills Answers Orders or Decrees or Imbezal or deface Depositions in Equity Or draw ill Declarations or Pleas or Misenter Special Verdicts or Judgments at Common-Law It giveth great disturbance to Suitors to have the Errors rectified and the Non-amendment thereof in due time giveth litigious Adversaries opportunity upon Writs of Errors to be very vexatious and frequently overthroweth all the proceedings thereon It was found by experience when the Judges had divers Fees as well as their Officers which increased or decreased as Suits were delayed and proceedings multiplyed and sold Offices at dear Rates that they placed men therein for Lucre without Merit and acted or countenanced such things as were contrary to the Laws and Statutes in force For which some Judges were put to Death divers Fined and Suspended and others were Banished as appeareth by Ancient Record and History Also the Attorney and Solicitor General did not then prosecute and convict the Officers guilty of misdemeanours because their own practice and profit as private Councellors depended upon the Favour of the Judges and indearement of Officers therefore the Sallaries of the Judges and Kings Counsel were inlarged and made certain For it 's Enacted by the Statutes 18 and 20 Edw. 3. That the Judges shall not take Guifts Fees Robes or Rewards of any but your Majesty and the Oath of a Judge thereby established enjoyneth the observance thereof because their Sallaries were then made certain which have been since further enlarged It 's also further provided by the Statute 12 Richard 2. That the Judges and great Ministers shall not sell Offices Also by the Statute 3 Edw. 1. Cap. 26 27 and 30. That Officers shall not commit

punishable for Frauds Deceits by the Statute 3 Ed. 1. cap. 29. And every Subject by the Statute 7 Jacobi cap. 6. is obliged by Oath and Duty at the Age of 18. to defend the Rights of the Crown And Great Ministers and Officers not only to take that Oath but upon every admission into any Office or Imployment more particularly Sworn as followeth Bishops are particularly to assist and defend all Jurisdictions Priviledges Preheminences and Authorities Granted Belonging Vnited or Annexed to the Crown c. The Lord Chancellor is truely to Counsel your Majesty and not to know or suffer the Hurt or Disherison of your Majesty nor the Rights of the Crown to be in any stress And if he cannot hinder it He is to make it expresly known to your Majesty with his true Advice and Counsell and to do and purchase Your Majesties profits in all things c. Privy Councellors if they know of any thing attempted done or spoken against your Majesties Person Honour Crown or Dignity Royal are to withstand it to the utmost of their power and to advertise your Majesty thereof and to assist and defend all Jurisdictions as in the Bishops Oath c. The Treasurers Chancellor and Barons of the Exchequer are not to disturb nor respite Debts where they may be Levied to take Fee or Robe of none but your Majesty and where they understand of any wrong or prejudice done to your Majesty they are to use their power and diligence to redress it And if they cannot they are to inform your Majesty c. Judges are to Counsel your Majesty in Your needs and not to Counsel or Assent to any thing which may turn to your Majesties hurt or disherison They are to do even right to Poor and Rich and not take privily or apart any gifts or any other thing which may turn to their own profits nor Fees or Robes of any but your Majesty They are to do and procure your Majesties profits in all things where they may reasonably do it And upon default in any point shall be at your Majesties will of Body Lands and Honour c. Justices of the Peace are truly to cause all Issues Fines and Amerciaments before them to be entred without concealing or imbezeling any and truly to send them into the Exchequer they shall not Let for gift or other Cause but are well and truly to do their Office High-Sheriffs are not to assent to the Concealment of your Majesties Rights or of Your Franchises and wherever they know of any thing concealed or withdrawn they are to cause it to be restored or certify your Majesty thereof They are not to respite your Majesties debts for any gift They are truly to acquit at the Exchequer all those of whom they receive any thing of your Majesties debts and truly to return and serve all your Majesties Writs and admit none to be their Vnder-Sheriffs or Clarks of the last year and shall make each of their Bayliffs to take such Oath as they take and shall not let their Sheriffwick or any Balywick thereof to Farm Lawyers Officers and Attorneys are sworn to assist and defend the Crown To do no falshood nor consent to any to be done to your Majesties prejudice But if they know of any they are to give notice to the Lord Chief Justice or his Brethren that it may be Reformed and the Prothonotaries Clarks of Estreats and Philazers are truly and diligently to Record and Extract all Fines Issues and Amerciaments and to inform the Chief Justice if they know of any thing neglected concealed or withdrawn And the experience of former Ages teacheth by the exemplary punishment of divers Judges by Death Fines Imprisonment and Banishment when they had Fees as well as their Officers which increased or decreased as Suits were delayed and Proceedings multiplyed and took New-Years Gifts and Money for Offices they did not put the Laws in execution against Officers Therefore the Statutes 18 and 20 Ed. 3. and 12 R. 2. And other good Laws were made and provided still in force to prevent corruption Because Justice is to be done without respect of persons Et nemo debet esse sapientiorem Legibus And in the Earl of Devonshires Case 4 Jacobi the Profits of the Crown are resolved to be Ornamenta Pacis Firmamenta Belli and of so high estimation that every body is bound to promote them Also resolved in Vaughan's Case 39 and 40. Eliz. That a Fine or Amerciament is due to your Majesty upon every Contempt or Disobedience of Writs or Process Therefore Judgments were set aside for omitting to record persons in misericordia and the very small Amerciaments were duly estreated as appears by Rastall's new Natura Brevium under the title of Beecher's Case in Cooke's Reports and Original Writs at this day command pledges to be taken for them and the Citizens of London farming the Green-Wax-Fines of your Majesty in the City by a Derivative Power ever took the small Amerciaments which your Majesties Officers neglect who enjoy divers Fees Perquisites out of every Warrant of Attorney and other things exceeding 200. per an to take care thereof if persons were compell'd to find real pledges as the Law directs and Amerciaments were truly estreated ad finem litis it would prevent frivolous Suits and fictitious Pleadings to delay Suitors for Amerciaments have been affeer'd upon litigious Plaintiffs or Defendants to 20 l. by Neighbours who best knew the Parties and their Offences by the Statute 9 Hen. 3. cap. 14. And it 's well known that Fines inflicted fall not upon High-Sheriffs as pretended but upon their Under-Sheriffs Bailiffs or litigious Clients who must and will rather pay them than forfeit the penalties of their Bonds because all High-Sheriffs ever take great and good Security to indempnifie themselves For that reason the Statute 7 Edw. 6. cap. 1. provideth That head Officers in every Court shall impose Fines upon and Amerce Under-Sheriffs or accomptants for not accompting or returning Process duely at the times appointed And the Statute 22 and 23. of your Majesties Reign cap. 22. declareth Officers guilty of many Abusive and Sinister practises in withdrawing your Majesties Fines and Forfeitures And the Statute 31 of your Majesties Raign cap. 2. declareth That Under-Sheriffs Jaylors and Officers use many shifts to increase their Fees contrary to their Oaths Duties and the known Laws of the Land That the Statute 23 Hen. 6. cap. 10. to eschew Extortion Perjury and Oppression prohibiteth Officers to be Jury-Men as not to be credited King Henry the third being informed of Abuses in this Revenue subjected the Sheriffs to good Orders and punished Hubert de Burgh his Chief-Justice for neglect of this Revenue And when he assigned over his Revenues for payment of his Debts reserved but these Branches of his Green-wax-Fines for his own subsistance King Edward the first allotted his Judges Salaries to be paid