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	plea_n	reverse_v	2,827	5	13.2283	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34852	Hibernia anglicana, or, The history of Ireland, from the conquest thereof by the English, to this present time with an introductory discourse touching the ancient state of that kingdom and a new and exact map of the same / by Richard Cox ...	Cox, Richard, Sir, 1650-1733.	1689 (1689)	Wing C6722; ESTC R5067	1,013,759	1,088

175. In like manner did one of the Cavenaghs serve Carew about the Barony of Idrone and if I thought that no Body else would ever be served so hereafter I would have omitted this Remark In those Days there was small Respect paid to the Sabbath Fragm M. S. 4. in Ireland for the Markets were in several Places kept on Sundays but at Carlow the Market was about this time changed to another Day In England the sixth Penny of the Goods of Lay-men Baker 117. through England Ireland and Wales was granted to the King but how it was levied here non constat It appears by the Writ mentioned Pryn 263. that the denized Irish would not punish Felony with Death and therefore that Writ enjoyns them that are 14 Edw. 2. and them that shall be denized for the future to submit to the English Laws in that particular which confirms my former Observation That the Irish were fond of the Benefit of the English Laws but were very averse from the Penalties of them And by another Writ recited Pryn 263. it appears That Common Pleas were held before the chief Governour and because the Parties were poor and could not prosecute their Writ of Error in England according to Law the King did a●thorize the new Governour to examine the former Judgment and to reverse it if he found just cause c. And lastly we find a Writ which was sent to John Earl of Louth Pryn 264. whilst he was Lord Justice authorizing him to remove all such insufficient Persons as his Predecessor Mortimer had put into Office in that Kingdom which is a notable President worthy Imitation in all Places and Ages THE REIGN OF EDWARD III. King of England c. And LORD of IRELAND EDWARD the Third upon the Resignation of his Father was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following 1327. and being but fifteen years old had twelve Governors of him and the Kingdom appointed but they were but Ciphers and only had the bare Name of Governors whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power As for Ireland Thomas Fitz-John Earl of Kildare was made Lord Justice and Letters were sent to the Great Men of Ireland by Name to swear Fealty to the new King and to continue their Loyalty as they had done to his Predecessors And in his Time Adam Duff of the Family of O Toole in the County of Wicklow was burnt at Hoggin-Green in Dublin for Heresie or rather for most horrid Blasphemy for he denied the Trinity and the Incarnation of our Blessed Saviour c. And because it may be pleasant and useful to a curious Reader Lib. H. Lambeth I will give you a short Account of the Great Officers and others of Ireland and their Salaries as they were 1 Ed. 3. Earl of Kildare Lord Justice 500 Lib. Roger Outlaw Chancellor 040 Lib. Elias de Ashborne Justice for holding Pleas before the Justice and Council of Ireland 040 Lib. Roger de Werthorp Justice Itinerant 040 Mar. A Second Justice Itinerant Nicholas Falstoff Chief Justice of the Bench 040 Lib. John de Granset Second Justice 040 Mar. Roger de Preston Third Justice John Battalk Custos Brevium Rot. de Banc. 005 Lib. John Garnon Narrator Domini Regis 005 Lib. Simon Fitz-Richard Secundus Narrator 005 Mar. Richard Mayning Kings Sergeant 005 Mar. Robert Poer Treasurer 040 Lib. Thomas de Monte Pessulano Chancellor of the Exchequer 010 Lib. Roger de Birthorp Chief Baron 010 Lib. The Second Baron 010 Lib. Two Chamberlains of Exchequer 010 Lib. Remembrancer 010 Lib. A Summoner 004 Mar. Two Ingrossers of the Rolls in Term-time five pence per diem The Treasurers Clerk five pence per diem whilst the Exchequer is open Usher of the Chequer three half pence per diem A Chaplain of the Castle fifty Shillings per annum For Wax two Shillings Note a pound of Wax cost nine pence It was a common thing for the Great Men of Ireland as well Irish as English upon private Quarrels to make War one with another and sometimes upon very slight occasions an Instance whereof happened at this time Fragm 8. for Maurice Fitz-Thomas afterwards Earl of Desmond being disgusted with the Lord Arnold Poer for calling him Rimer did associate with the Butlers and Birminghams as Poer did with the Burks and began a War Davis 134. says it was Kildare that had like to have been fatal to the Burks and the Poers many of them were slain and more of them driven into Connaught and their Lands were burnt and preyed In vain did the Lord Justice interpose in this bloody Quarrel he appointed a Day to hear both Parties but the Lord Arnold Poer was so far from attending the issue of such a Meeting as well knowing that he was the first Aggressor and therefore the unlucky Causer of all those Calamities and Desolations that ensued that he fled to Waterford and thence into England The Army of the Fitz-Giralds and their Confederates was mightily increased in expectation of a greater resistance than they found but assoon as they understood that Poer was fled they executed their Revenge upon the Lands of their Enemies which had been to that time left undestroyed Cambden 181 They grew so formidable even to the Cities and Towns that they fortified and provided against them but upon notice of this the Confederates immediately sent word to the Lord Justice that they design'd no prejudice to the King or his Towns but had assembled to revenge themselves of their Enemies and that they were ready to appear before him at Kilkenny to clear themselves And accordingly in Lent they did meet at Kilkenny with the Lord Justice and the Kings Council 1327. and humbly crav'd a Charter of Peace or Pardon whereon the Lord Justice took time to advise But the Irish of Leinster hoped to advantage themselves of these Commotions and therefore set up Donald Mac Art Mac Morough of the Family of Mac Morough formerly Kings of Leinster for their King It seems he led his Army within two Miles of Dublin but he was defeated and taken Prisoner by Sir Henry Traherne and Walter de Valle who had one hundred and ten pounds reward for their pains and many of the Irish were slain but Mac Morough in January 1329. escaped out of the Castle of Dublin by help of a Rope sent him by Adam Nangle for which Fact Nangle was afterwards condemned and hang'd In the mean time the Lord Justice died at Minooth on Easter-Tuesday and Roger Outlaw Prior of Kilmainham Lord Chancellor was made Lord Justice in whose time David O Tool a strong Thief who had been taken Prisoner by the Lord John Wellesly the Lent before was this Summer condemned and executed at Dublin At this time in the Second Year of this Reign the Noble James Butler married the Earl of Hereford's Daughter Bak● which he had by

to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Ho●th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane

during the want of Judicatures every Man's Power would have been his Judg in his own Cause What the Presidency or President have done irregularly or contrary to the Articles of Peace they shall be brought to answer when they or he shall be particularly charged That Inns of Court have not been erected according to the Articles of Peace Posterity may tell us as loud as they please but if they have Schools to learn English enough to read the Articles of Peace they will find that his Majesty was only to enable the Natives of this Kingdom to erect one or more Inns of Court in or near the City of Dublin or elsewhere as should be thought fit by his Majesty's Lord-Lieutenant or other chief Governour or Governours for the time being Whereby by the scope of the Article which is for removing of Incapacities it is plain the said Inns of Court were not to be erected at his Majesty's Charge And sure no Man will have the impudence to say that We who had the honour to govern under his Majesty did give the least interruption to the erecting of them or that it was ever proposed to Us to give way to the erection of the said Inns. Whereof We confess there was never more need if their Property be to instruct the People in their Duty of Obedience and Government with this addition That to charge Us with want of doing Justice without instancing the particular Cases wherein We failed thereby taking from Us the means to vindicate our Self from so high a Crime is suitable to the Justice and Practices of these Declarers In the Fifth Article The Answer to the 5th Article We are again charged in general with disheartning Adventurers Undertakers and Owners and no Man named but Capt. Antonio nor the particular wherein he was disheartned set down We are further charged with reversing of Judgments legally given and definitively concluded before Our coming to Authority but no particular Judgment so reversed is or indeed can be instanced So that all We can answer to this part is That it is not true And for what remains We say That We placed the Power of the Admiralty in this Kingdom according to the Assemblies Instance and from time to time gave Commissions to such Persons as the Commissioners desired in several Parts to hear and determine Maritime Causes And as to the Sixth Article The Answer to the 6th Article is the same with the Answer to the first of the Grievances We must refer you to our Answer to the First Article of the pretended Grievances which was as followeth First We deny that they if thereby be meant the Roman-Catholick Clergy were not suffered to enjoy the Churches and Church-Livings which at the time of perfecting the Articles of Peace they possessed or that by the Articles of Peace they ought to possess And as to the Instances made in the Margent the Composers of this Article do very well know that their Possession of those Churches and Church-Livings were statly denied by the Protestant-Clergy And it is very well known to the Commissioners who followed that Business with diligence and earnestness enough that We never refused nor delayed to afford them any just means of bringing that Controversy to a final End till at length by Treachery and the Rebels Power the things controverted were lost to both Parties Nor was there any Complaint made unto Us since the conclusion of the Peace till now that the Romish Prelates or Pastors or any of them have been hindred from exercising their respective Jurisdictions and Functions amongst their Flocks except one Complaint made of the Governour of Dungarvan wherein we were ready to have given Redress upon hearing all Parties as should have been found fit if the said Complaint had been prosecuted We know of no Grant made by his Majesty of any Bishoprick whatsoever since the conclusion of the Peace nor can we find any Article of the Peace that restrains his Majesty from making such Grants so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace until his Majesty declare his Pleasure in a Free Parliament in this Kingdom And whatever his Majesty might intend to declare the making of Protestant Bishops could be no anticipation thereof to the Prejudice of the Roman-Catholicks since Bishops are held essentially necessary to the Exercise of the Religion of the Church of England And as to the Seventh Article We Answer The Answer to the 7th Article That it was conceived by the Ministers herein mentioned that where they had possession of the Church-Livings the Obventions here mentioned were also due to them But whether it were or not sure we are there was never any Complaint made to Us in this Particular till our coming to Tecroghan after the loss of Drogheda and that within a very little time after before the Truth of the Allegation could be examined the Towns of Munster revolted and the Business was so decided at least if any Difference of this kind continued in the County of Kerry which was longer held We never after Our being at Tecroghan heard of it that We remember To the 8th Article The Answer to the 8th Article we answer That no Complaint of any such Slavery imposed by the Lord President or Presidency was made to Us but on the contrary upon his Lordship's instance We directed our Letters to him to swear and admit of the Council of that Province the Lord Viscount Roch of Fermoy the Lord Viscount Muskery Major General Patrick Purcel Lieut. Col. Gerard Fitz-Morrice and others all which were written unto by the Lord President to come to him to be sworn accordingly whereof the Lord Muskry Major General Partick Pureell and Lieut. Col. Fitz-Morrice were sworn but the rest not coming according to the Letters could not be sworn For the improvidence of the Conduct of the Army The Answer to the 9th Article We shall only answer That it was as provident as We had means and skill to conduct it and for the Misfortune We ascribe that to the good Pleasure and Justice of God But how far forth the Disaster at Rathmines was shameful beyond any thing that ever hapned in Christianity as they express themselves We refer you to the Relation of what We have said upon that Subject in our Answer thereunto in what concerns the same in the pretended Grievances and to the Testimony of divers now there that were upon the place with us Concerning the Defeat at Rathmines This was in answer to the Grievances it is as with all Misfortunes of that Nature in War every Man at his pleasure making himself Judg of the Causes of them and many times without looking into or having knowledg of the true Condition of the beaten Party deliver their Judgments upon mistaken Grounds and for the most part are guided by their Passions either of Envy or Self-conceit of their own Abilities to judg