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	record_n	reverse_v	2,004	5	12.6657	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87531	Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings.	Jenkins, David, 1582-1663.	1657 (1657)	Wing J597; Thomason E1672_2; ESTC R202614	51,715	145

that is to say by one inquest That J. S. is ousted by force and by another Inquest That J. D is ousted with force and all of one and the same Land there ●ach of them may have restitution by these enquiries If it be found that two joynt-Tenants were ousted by force the one may have restitution upon this enquiry without his companion If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead yet A. B. shall have restitution by this enquiry If it be found that the Father was seized until ousted with force and died before any restitution or entry the son shall not have any restitution Likewise if a man be possessed of a lease for years and is ousted thereof with force and dieth before restitution his Executors shall not have restitution by this enquiry A lessee for life the remainder over in fee the lessee is ousted with force and all this matter found by inquisition of the force but he in the remainder shall not have restitution by this enquiry The husband and wife before issue had are ousted with force and then have issue the wife dieth the husband by inquiry shall have restitution If a Lesse for life be ousted with force and the lessor entereth for condition broken and this is found by Inquest yet the lessee shal have restitution by this enquiry The Justices of Peace before inquiry be taken may put the party in possession again without any Writ but noe other Justices can do it without Writ The Justices of the same County the record being before them may award exemption by Writ although they be not the same Justices before whom the inquest was taken but not without the same Record If the Justices who took the inquest be dead before restitution be made yet the Justices having the record may award execution of the same the Judges of the Upper-Bench having the Record removed before them may award Execution by this Statute by Writ but not otherwife If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force this is a disseisin with force But if a man be disseissed of any rent by the Tenant of the Land or by Rescous with force● this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrist or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Ga●es or pl●y thereat forfeits 6 s. 8 d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forseitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gameste●s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six mon●hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilsull perjury shall forfeit 20 b. six months imprisonment and be

dis●abled for a Witness unless the judgement be reversed and if he cannot pay the Fine he is to stand in the Pillory and have both his ears nailed Stat. 5. El. 9. By forswearing I mean giving false evidence upon Oath before a judge of Record and this is Perjury for if a man bring an Action on the Case for scandalous words against another for saying of the Plaintiff he forswore himself it wil not bear an Action unless he say he forswore himself in a Court which is a Court of Record being called there for a Witness And here by the way I must needs memtion a Case which is odious T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Windsor in a Cause there depending between F. W. c. he had done the same before at Abingdon and hath since therewith W. F. against the same F W. upon an Indictment H. S. commits wilful Perjury at Windsor is found thereof guilty by Indictment at W. where there was no Sessions kept a long time before nor because of their kind usage to the Country since at the Seissions the business was so handled by Tom Sneaks and his Friends that it was alledged that Windsor Court was not a Court of Record and unless the Prosecutor presently prove it which they knew upon an instant he could not the Defendant should be acquitted and so he was thereupon Rare Justice But in the Court of W. it is no wonder I could name two or three more admirable Presidents between these parties and some acted in the Town-Court of Okingham inter Sims and Magick but I 'll reserve them till another time for another intended Subject The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information one half to the King the other to the Prosecutor and may be laid in any County though the Offence was not committed there This Act ought to be proclaimed at every Assize and great pitty it is in my opinion that there is no greater punishment ordained for Perjury It is in al respects equivalent to murder and why should not the committers thereof receive the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ing ham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6.14 A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or other dead Victuals whatsoever with intent to sell it again The Offend or in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescripition These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6.5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the lameor the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7.21 A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half