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	reverse_v	verdict_n	1,761	5	11.8650	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A72509	A perambulation of Kent conteining the description, hystorie, and customes of that shyre. Collected and written (for the most part) in the yeare. 1570. by William Lambard of Lincolnes Inne Gent. and nowe increased by the addition of some things which the authour him selfe hath obserued since that time.	Lambarde, William, 1536-1601.	1576 (1576)	STC 15175.5; ESTC S124785	236,811	471

is said that Faeminae non participabunt cum Masculis The Females shall not diuide with the Males whiche is to be vnderstoode of such as be in equall degrée of kinred as Brother and Sisters c. For if a man haue issue thrée Sonnes the Eldest haue issue a daughter dye in the lyfe of his Father and the Father dyeth In this case it is holden that the daughter shall ioyne with the two other Brethren her Vncles for that she is not in equall degrée with them as her Father was whose heire she neuerthelesse must be of necessitie And nowe thus muche being spoken touching the name tenure nature generalitie necessitie reason and order of Gauelkinde it is woorthie the labour to shew of what qualitie the Rents Remainders Conditions Vouchers Actions and such other things of the which some be issuing out of these landes some be annexed vnto them and some be raised by reason of them shal be In whiche behalfe it may generally be said that some of them shal ensue the nature of the Land and some shal kéepe the same course that common Lawe hathe appointed But in particular it is to be vnderstoode that if a Rent be graunted in Fée out of Gauelkinde land it shal descend to all the Males as the land it self shall do And Ald. and Chart. in 7. E. 3. were of opinion that albeit a tenancie be of Gauelkinde nature yet the rent seruice by whiche that tenancie is holden might well be descendable at the common Lawe The like shal be of a Remainder of Gauelkinde land for if it be tayled to the Heires Males they altogether shall inherite it as Fitzherb Norwiche two Iustices thought 26. H. 8. 8. But that is to be vnderstoode of a discent only for if landes of Gauelkind nature be leassed for life the Remainder to the righte Heires of I. at Stile Which hath issue foure Sonnes dieth after the Leassée for life dieth nowe the Eldest Sonne onely of I. at Stile shall haue this land for he is right Heire and that is a good name of purchase 37. H. 8. Done. 42. en Maister Brook But if the lands had béen giuen to I. at Stile for life the remainder to his next Heire Male this had béen an estate taile in I. S. himselfe and then the Land as I take it should haue discended to all his Sonnes in so muche as in that case the wordes next Heire Male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. Mariae as Iustice Dalison reporteth if a remainder be deuised by Testament Proximo haeredi masculo whether in that case the Eldest Brother only shall haue it in so muche as in the vnderstanding of the Lawe whiche is a Iudge ouer all Customes he is the next Heire Male and therefore inquire of it As touching Vouchers it appeareth 11. E. 3. that all the Heires in Gauelkind shal be vouched for the warrantie of their auncestour and not the eldest only But the opinion of Maister Litleton and of the Iustices 22. E. 4. is clearely that the Eldest Sonne only shal be rebutted or barred by the warrantie of the auncestour To be short the Eldest Sonne only shall entrée for the breach of a condition but the rest of the Brethren shal be ioyned with him in suing a writte of Attaint to refourme a false verdit or errour to reuerse an erronious iudgement And they all shal be charged for the debte of their auncestour if so be that they all haue Assetz in their handes But if the eldest only haue Assetz remaining and the residue haue aliened their partes then he only shal be charged after the minde of the Book 11. E. 3. Det. 7. And this also for this part at this time shal suffise Now a word or twain touching the trial of right in this Gauelkind land then forward to the rest of my purpose There be at the cōmō law two sorts of trial in a writ of Right by Battaile and by the Graund Assise of the which two this Custome excludeth the one altereth the other For Battail it admitteth not at al the Graund assise it receaueth not by the election of 4. Knights but of 4. Tenants in Gauelkind as it may be read in the auncient treatise of the Customes of this Countrie But whē I speake of the treatise of the Customes you must know I mean not the which was lately imprinted but an other with much more faith diligēce long since exemplified a Copie wherof you shal finde at the end of this Booke For not only in this part the wordes Ne soient prises per battail be cleane omitted in the imprinted Booke but in sundrie other places also the wordes be mangled the sentences be curtailed and the meaning is obscured as by conferrence of the variations it may to any skilfull reader moste easily appeare But all that I will referre to the sight and iudgement of suche as will searche and examine it and retourning to my purpose shewe you what belongeth to the Lorde of this Gauelkinde land by reason of this Custome And for bicause the Prince is chiefe Lorde of all the Realme as of whome all landes within the same be either mediatly or immediatly holden let vs first sée what right by reason of this custome belongeth vnto him If Tenant in Fée simple of Landes in Gauelkinde commit fellonie and suffer the iudgement of death therfore the Prince shall haue all his Chattels for a forfaiture But as touching the Land he shall neither haue the Eschete of it though it be immediatly holden of him self nor the Day Yeare and Wast if it be holden of any other For in that case the Heire notwithstanding the offence of his auncestour shall enter immediatly enioye the landes after the same Customes and seruices by whiche they were before holden in assurance whereof it is commonly saide The Father to the Boughe The Sonne to the Ploughe But this rule holdeth in case of Felonie and of murder only and in case not of treason at all And it holdeth also in case where the offendour is iustified by order of Law and not where he withdraweth himselfe after the faulte committed and will not abide his lawfull triall For if suche a one absent himselfe after proclamation made for him in the Countie and be outlawed or otherwise if he take Sanctuarie and doe abiure the Realme then shall his Heire reape no benefite by this Custome but the Prince or the Lorde shall take their forfaiture in suche degrée as if the Landes were at the common lawe Whiche thing is apparant both by the Booke 8. E. 2. abridged by Maister Fitzherbert in his title of prescription 50. And by 22. E. 3. fol. Where it is saide that this Custome shall not be construed by equitie but by a straight and literal interpretation And also by the plaine rehersal of the saide treatise of