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	say_a	writ_n	1,727	5	9.8884	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39396	Cambria triumphans, or, Brittain in its perfect lustre shevving the origen and antiquity of that illustrious nation, the succession of their kings and princes, from the first, to King Charles of happy memory, the description of the countrey, the history of the antient and moderne estate, the manner of the investure of the princes, with the coats of arms of the nobility / by Percie Enderbie, Gent.	Enderbie, Percy, d. 1670.	1661 (1661)	Wing E728; ESTC R19758	643,056	416

the said Baronies Merchers were then in his own hands And for that also divers murders rapes roberies and enormities and odious offences had been there committed and by reason of the flight of the offendours Monmoth made an English Shire from one Barony as is usual upon the borders they had escaped due and condigne punishment for their such enormities and crimes he ordained also that the county of Monmoth formerly being a shire of Wales should be governed from thenceforth in like manner Stat. 27. H. 8. cap. 26. and by the same Judges as other Shires of England and for the other 12 Shires he ordered a special jurisdiction and Officers but yet in substance agreable and after the lawes of England although for the circumstance of time and place and persons in some few things discordant He ordained that out of every of the said Shires of Wales there should be one Knight and out of every of the Shire Towns of Wales named in the said Act of Parliament Stat. 276. cap 26. there should be one Burgesse elected after the English manner which Knights and Burgesses so elected and duly upon the summons of every parliament in England returned should have place and voice in the parliament of England as other the Knights and Burgesses of England used to have Circuits 34. H 8. cap. 26. Stat As for the administration of justice in the said 12 Shires of Wales there was by an Act of parliament of 34. H. 8. ordained 4. several circuits precints or Conventus Juridicus allotting to every of them three of these Shires so that the Chief Justice of Chester hath under his jurisdiction the three several Shires of Denbigh Flint and Montgomery his Fee is yearly 100 l. Justice The Shires of Carnarvon Merioneth and Anglesey are under the Justice of Northwales whose Fee is 50 l. The counties of Carmardhin Pembrock and Cardigan have also their Justice whose Fee is 50 l. The counties of Radnor Brecknock and Glamorgan have also their Justice whose Fee is 50 l. After by an Act of parliament made 18. Eliz. cap. 8. one other Justice assistant was ordained to the former Justices Stat. 18. Eliz. cap. 8. so that now every of the said four circuits have two Justices viz. one chief Justice and a second Justice assistant Their Jurisdiction These Justices in every of their circuits have almost the same Jurisdiction that the ancient Justices in Eyre or Justices Itenerants had First they had power to hear and determine all criminal causes which are called in the lawes of England the pleas of the Crown and herein they have the same absolute jurisdiction that the Judges have of the K. bench commonly so called They have also Jurisdiction to hear and determine all civil causes which are called in the lawes of England common pleas and to take the acknowledgment of Fines levied of lands or hereditaments without suing any dedimus potestatem and herein they have the same jurisdiction that the Justices of the Common pleas do execute in the hall at Westminster also they may hear and determine all Assizes upon disseisons of lands or hereditaments wherein they equal the jurisdiction of the Justices of Assize They may hear and determine all notable violences and outrages perpetrated or done within their several precints and therein they have the power authority and jurisdiction of the Justices of Oyer and Terminer Their Chancery Seal and Writs For as much as no suite can commence between party and party nor orderly Justice can be done without complaint of the pursevant and summons and admonition given unto the defendant which summons the policy of England from the beginning of the first foundation of this Common-wealth hath appointed to be performed by that kind of formulae juris which the common law calleth a Writ or Brief so called as Bracton saith Breve quia rem quae est intentionem petentis breviter enarrat and which writ is alwaies conceived in form quondam of the Kings name in manner of a preecept Royal and sealed with the Kings or Potestates great seal Writt either Judicial or Original Therefore in the appointing of this Jurisdiction there is ordained to every Circuit or precint a several Seal for the sealing of such writs and commissions as the case shall require within that Circuit And for as much as all Writts are either Original such as begin the suite or else judicial such as command and warrant the execution thereof It is by the said Statute made in the 34 Hen. 8. ordained that the Seal serving for Original process in several shires of Denbigh and Montgomery should be in the custody of the Chamberlain of Denbigh and what the original Seal of Chester shall be and stand for the Original Seal of Flint and shall be in the custody of the Chamberlain of Chester the like seal serving for the several shires of Carnarvon Merioneth and Anglesey to be in the custody of the Chamberlain of Northwales The like seal concerning the several Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknoc And finally the like Seal serving for the several Shires of Caermardhyn Pembrock● and Cardigan is in the usage of the Chamberlain of Southwales These Chamberlains are as Chancellours in this behalf and have the sealing of all Original writs and commissions within the several precints and these Chamberlains may also award out several writs to all Under-Receivers of the Revenues and ministers to make their accounts The Seal for sealing judicial writs is appointed by the said Statute 34 H. 8. to be and remain by the Justices of every the said circuits for the more expedite execution of their Judgment The great sessions Their Sessions and manner of Sitting Every of these Justices in their several circuits shall be Itenerant twice every year and sit in every of the Shires with their authority by the space of six dayes together at a place certain by them so appointed and upon proclamation of summons to be made 15 dayes before the said sittings Adjournments where all persons requiring Justice may purchase their writs and proceed in their suits And where Adjournments of the causes there depending shall be De die in diem and if the cause can have no end during the sitting then from Sessions to Sessions as the nature of the business shall require and according to the discretion of the said Justices and these sittings are called the great Sessions 34. H 8 cap. 26. ● 33 Pet●y Sessions And if their shall be such multitudes of pleas personal as that they cannot be tryed at the same great Sessions then the issues there in trial shall and may be tried at some Sessions before the Deputy Justice which is therfore called the petty sessions And if any erroneous judgment be given by the said Justices in any real Action the same shall be reversed by writ of error before the Justices of the

them were created Princes of Wales or whereby any of the Revenues of the said principality were given or conferred unto any of them so that it seemeth they were princes generally by their birth and not princes of Wales by any creation or investure for in a record of an account of the Duke of Cornwal in the time of the said Edward he is called by the name of prince of England and not by the name of prince of Wales And thus much touching the succession or ranks of the princes of Wales which I have drawn in an Historical though in a plain and homely manner thereby the better to take the harshnesse of the particularities of records intermingled therewith which of themselves although they offer profitable knowledg yet they do carry with them small delight but also for that the variety of things in those succeeding ages in the sundry occurrences and accidents thereof do yield good matter of observance and worthy memory representing as it were the English state for the time of more then 200 years Now therefore do rest nevertheless three things concerning the said principality to be further considered of First in what manner and order the said principality and Marches of Wales were governed and directed under the said prince Secondly what Officers as well Domestical as others the said princes had about them and their Fees as far forth as I could come to any certain knowledge thereof And thirdly an abstract of the Revenues of the said principality as they lately stood Whereby it may be perceived what in time past the said Revenues have been The manner of Government of the Principality of Wales The said principality being under the government of the princes of the Welsh blood whose ancient patrimony yet remained untill the conquest thereof by K. Ed. I. as hath allready been shewed was guided governed and directed by their own municipal lawes and the customs of the country most of which had their commencement from the constitutions of one of their ancient Princes called Howel Dha as their Historians report but being reduced under the yoak of the said King Edward he divided certain parts of that Territory into Shires he caused the Welsh Lawes to be perused some whereof he did allow and approve some others he did abbrogate and disanul and in their place appointed new altogether according to the English manner of executing Justice He caused to be devised certain briefs writs or formula juris and he instituted their manner of processe pleadings and course of their judicial proceedings All which things do manifestly appear by the Act of Parliament made at Ruthlan in Wales called therefore Statutum Walliae and when they want a writ of form to serve the present case then use they the writ of Quod ei deforciat which supplieth that defect and although the Principality of Wales as hath appeared by some of the Records were devided into 3 Provinces Northwales Southwales and VVestwales for so in some of the former patents they are mentioned yet for the Jurisdiction thereof it was divided into two parts Northwales and Southwales for a great part of VVestwales was comprehended within the Shire of Pembrock which is a very ancient Shire of Wales and the territory thereof conquered by the English in the time of William Rufus long time before the general conquest of Wales by Richard Strongbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow or rather Strigul Castle was the first that attempted the conquest of Ireland in the dayes of Hen. II. The Province of Northwales and Southwales were governed by law in this manner The Prince had and used to hold a Chancery and a Court of Exchequer in the Castle of Gaernarvon for Northwales and had a Judge or Justice which ministred Justice there to all the inhabitants of Northwales and therefore was called the Justice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Caermardhyn for Southwales where he had a Justice likewise called the Justice of Southwales 3. Ed. 3. ●9 in le novel prin 63. a 7. Hen. 35 6. and the Courts of the Justices or Judges so held within the several Provinces were called the great Sessions of those Provinces and sometimes those Justices were Itenerant and sat in every of the several Counties of his province In those great Sessions the causes of greatest moment real personal and mixt and pleas of the Crown concerning life and members were heard and determined Ministers accompts 18. H 7. In these great Courts also upon creation of every new Prince there were granted by the people of that Province unto the Prince nomine recognitionis ad primum adventum principis certain summes of money as it were in acknowledgement or relief of the new Prince which summes of money are called by them Mises these mises or summes of money were granted by the people unto the prince for his allowance of their lawes and antient customes and a general pardon of their offences sinable or punishable by the prince and that summe of those mises for the Shire of Caermardhyn only amounted unto 800. marks and for the Shire of Cardigan the total summe of the mises amounted unto 600 marks as by sundry Records doth appear these summes of money were paid at certain dayes by several portions such as were appointed and in the said Sessions agreed upon Also in every Shire of every the said provinces there were holden certain Inferiour Courts called therefore County Courts and Shire Courts and Tourns after the manner of England and which by some were also called the petty Sessions and there were also Courts inferiour in sundry Counties for ending of causes of lesse moment and importance and if any wrong Judgment were given in any of those leferiour Courts 19. H 6. 12. b. 21. H. 7. 33. a. the same was redressed by a writ of false Judgement in the Court Superiour And if any erroneous judgment were given in the great Sessions which was the supreme Court of Justice that error was either redressed by the judgment of penal Justices Itenerant or else in Parliament and not otherwise in any the Courts of Justice now at Westminster A noble policy of William Conq. good for himself but destructive to the Welsh As touching the government of the Marches of Wales it appeareth by divers ancient monuments that the Counquerour after he had conquered the English placed divers of his Norman Nobility upon the Confines and Borders towards Wales and erected the Earldom of Chester being upon the borders of Northwales to a Palatinate and gave power unto the the said persons thus placed upon those borders to make such conquest upon the Welsh as they by their strengh could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serve him but also to provide for them at other mens costs And hereupon further

quite environed with the Sea excepting the passage on the North side thereof Candida Casa vocatur locus in extremis Angliae juxta Scotiam finibus ubi beatus Confessor Niva requiescit Natione Brito qui primus ibidem Christi praedicationem Evangelizavit Nomen loco ex opere inditum quod Ecclesiam ibi ex lapide polito Britonibus miraculum fecerit The Count Palatine will have this King to have reigned fifteen years alone and speaks some thing favourably in his behalf Regina Martia saith he gubernaculum 7 annorum accepit cum filio unico adhuc puero qui Sisillius eo nomine secundus appellatur feliciter insequutus vestigia patris administrat quindecim annos postea solus mortuus Caerleili sepelitur To this account of fifteen years agreeth the English History saith Fabian but the Flower of Histories alloweth unto his Reign onely seven years howsoever Death demanded his due and summoned this King into another world Sisillius burled at Caerleon whose Body as Mr. Howes saith was buried at Caerleon and not at Caerlile but the nearnesse of the Names questionlesse breeds the mistake He left behind him his Son Kimarus to succeed him KIMARVS KIMARVS Son of Sisilius after the death of his Father was with all solemnity advanced to the Throne and Crown of Brittain in the year of the worlds Creation four thousand eight hundred fourscore and six The English Chronicle calleth him Kymor Fabian saith that there is no mention made of this King either concerning his deeds and course of life or concerning the length of his Reign yet he alledgeth an old Chronicle to aver that he was a wild young man and lived after his pleasure wherefore as he was at his disport of Hunting he was by his Ill-willers slain when he had ruled scarcely three years but the Count Palatine saith he was killed by wild Beasts Illius filius saith he speaking of Sisilius Chimarus in imperando successit moribus adolescens improbus suique in rebus omnibus agendis arbitrii ac voluntatis adeo ut post tres annos quibus rexit à feris bestiis dum venabatur occisus est Kimarus succeeded a young man of most dissolute life and behaviour who swayed all things according to the humour of his own vain and fantastick imagination and not according to the rule of reason and judgement insomuch that after the three years of his Reign he was devoured of wild Beasts It behoves Princes as well as others to have a care how they live For the holy Writ tells us Fire hail famine and death Eccles c. 39. all these things are created for mans punishment the Teeth of Beasts for the utter extermination of the wicked It is great reason that Princes should regulate their lives after the true square of vertue for a Prince cannot with reason expect that the severity of Laws or other Politick means shall represse in his Commonwealth any Vice which shall be Authorised by the Example of his own Practice For as the Poet saith Totus componitur Orbis Regis ad exemplum nec sic inflectere sensus Humanos edicta valent ut vita Regentis That is to say all the World is framed after the modell of the King and no Laws or Edicts can so move the mind of men as doth the life of the Governour which Plutarch confirmeth notably saying That even as a Square or Rule must be streight in it self before it can make other things streight so the Prince who is as it were the Rule of his Subjects ought first to rectifie himself before he go about by Laws or other means to rectifie his Commonwealth for he that is falling saith Plutarch is not fit to uphold others nor he that is ignorant to teach nor he that is incorrigible to correct nor he that is himself disordered to put others in order ELIANVS ELIANVS the Son of Kimarus whom some also call Danius as the Flower of Histories affirmeth but Gaufride saith he was Kimarus Brother was Crowned King of Brittain in the year of the worlds Creation four thousand eight hundred fourscore and nine This Prince by the English Book is called Howan one Chronicle will have Kimarus and Elianus to be one and the same person though others think otherwise and that he reigned two years little or nothing being left to posterity of any memorable Acts of his either good or bad only the Count Palatine tells us Frater eum sequitur Elianus natura stupidior legum spretor quocirca rem administrabat imprudenter bellis seditionibus undecunque vexatus neque pacem habere potuit vel publice vel privatim illis decem annis quibus imperabat Elianus his Brother succeeded him of a most stupid nature and a contemner of all Laws which was the cause that he governed with great indiscretion his Kingdome and Commonwealth being continually vexed and troubled with insurrections and seditions insomuch that during the ten years of his Reign he could never enjoy either privately or otherwise one hour of peace this was one amongst the Brittish Princes for whose sake as Gildas the wise writeth the whole Nation suffered MORINDVS MORINDVS the Bastard-son of Elianus as Gaufride affirmeth with others took upon him the Crown and Government of this Island of Great Brittain in the year of the worlds Creation four thousand eight hundred and ninety Elianus begat this Prince upon Tanguestula his Concubine who proved as Bastards commonly doe being gotten in the heat of Courage a most resolute and couragious Chieftain but so over-swayed by his own passions especially that of anger that in his fury no mans life was secure To the matchlesse strength of his body Nature added all those features which might make him the most handsome and accomplisht Gentleman in all his Kingdome these his admirable endowments he beautified with a most Princely liberality being very open-handed when the least merit required During the Reign of Morindus there arrived out of Mauritania which Country according to Strabo is seated between Hungaria and Fohemia a war-like and most cruel people which with Fire and Sword consumed all before them Morindus having tidings brought to him of those insolences and misdemeanours with all speed Levied an Army and with speedy Marches encounters his Enemy and after a most bloody Conflict compels the greatest part of the unwelcome Intruders back to their Ships the rest he sacrificeth to his own anger causing some to be dismembred others cast into the fire some chopt in pieces not a few strangled death acted several parts in this most horrid execution no manner of torment imaginable to Morindus was left uninflicted so great was the tyranny of his blood-thirsting revenge After this great overthrow and most cruel Massacre this Brittish King progressing a long the Sea coasts for his Recreation chanced to discry a most hideous Monster coming out of the Irish Ocean Morindus is overjoyed at this presented occasion to try the edge of his

Kings bench And if the said erroneous judgment shall be in any Action personal the same shall be reversed by bill before the Lord president of the Marches and councel there Officers Ministers Clerks and Writers for the expediting of the said great Sessions First there are the Chamberlains of every the said circuits as hath been said who are properly and Originally the Treasurers of the Revenue within their charge and by the said Statutes are also Keepers of the seals as aforesaid therein they do undertake in part the Office of a Chancellour And in every of the said circuits there is the Atturney or Regius Advocatia and Sollicitor There is a Protonotary or chief Register who draweth all the pleadings Protonotary Cl●rk of the Crown entereth and engrosseth the Records and Judgments in civil causes and ingrossing Fines And there is also a Clerk of the Crown which draweth and ingrosseth all inditements and proceedings arraignments and judgments in criminal causes and these two Officers are at the King or States appointment There is a Marshal to attend the persons of the Judges at their common sitting and going from the Sessions or Court There is a Marshal There is a Cryer Tanquam publicus preco to call forth such persons whose apparences are necessary and to impose silence to the people And these two Officers last remembred are deposed by the Justices And thus much touching the Justices of the great Sessions There are also other ordinary Officers appointed for every Shire in Wales by the said Statute 34. Henry 8. such and in like manner as in other the Shires in England There is a commission under the great Seal of England to certain Gentlemen What a Justice of peace giving them power to preserve the peace and resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called Justices of peace and every of them may well be termed Eirnarcha the chief of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Justices of the peace and Quorum because of their Commissions whereby they have power to sit and determine causes concerning breach of peace and misbehaviour the words of the Commission are conceived thus Quorum such and such Vnum vel duos c. Esse volumus and without some one or more of them of the Quorum no Sessions can be holden and for the avoiding of the superfluous number of such Justices 8. Justices onely allowed in every County of Wales for through the ambition of many it is accounted a credit to be burthened with that Authority The Satute of 34 Hen. 8. hath expresly prohibited that there shall be above eight Justices of Peace within every of the Counties and Shires of Wales which if the number were not indefinite for the Shires in England it were the better These Justices do hold their Sessions quarterly And it is further ordained by the Statute of 34 Hen 8. that two Justices of peace whereof one to be of the Quorum may hold their Sessions without any greater number In every of the said Shires where the said Commission of peace is established There is also a Clerk of the peace for the entring and engrossing of all proceedings before the said Justices and this Officer is appointed by the Custos Rotulorum Sr. John Dod fol. 49. Every of the said Shires hath a Sheriff which word being of the Saxon English is as much as to say a Shire-Reeve or Minister or Bailiff of the County his Function or Office is twofold Ministerial and Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make return and certificate Why the Tourne Court so called and as touching the Judicial Office he hath Authority to hold two several Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about the Shire holding the same in several places wherein he doth enquire of all offences perpetrated against the common Law and not forbidden by any Statute or Act of Parliament The County Court derived from Justice Communicative And the Jurisdiction of this Court is derived from justice distributive and is for criminal offences The other is called the County Court where he doth determine all petty and small causes civil under the value of 40 s. arising within the said County and thereof it is called the County Court And the Jurisdiction of this Court is drawn from Justice Communicative and is held every Moneth The Office of the Sheriff is annual by the Statute of 34 Hen. 8. it is ordained that the Lord President Councel and Justices of Wales or three of them at the least whereof the President to be one shall yearly nominate three fit persons for that Office of whom the King or State may elect one who thereupon shall have his Patent and be Sheriff of the said Shire Escheator why so called Every of the said Shires hath an Officer called an Escheator which is an Officer to attend the Kings Revenue and to seize into his hands all lands either Escheated goods or lands forfeited therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom the lands are descended and to seize the bodies and lands for Ward if they be within age and is accountable for the same And this Officer in Wales is nominated Escheator 34 Hen. 8. cap. 16. by the Lord Treasurer of England by the advice of the Lord President Councel and Justices or three of them at least whereof the Lord President to be one There are also in every of the said Shires two Officers called Coroners they are to enquire by enquest in what manner and by whom every person dying a violent death came to his death and to enter the same of Record which is matter criminal and a plea of the Crown Coroners why so called and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publick Et in Corona Populi These Officers are are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore Eligendo And of them I need not speak more because these Officers are elsewhere The Goal Forasmuch as every Shire hath one Goal or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed until they shall be delivered by course of Law Finally in every hundred of every of the said Shires the Sheriffs thereof shall nominate sufficient persons to be Bailiffs of that hundred and under Ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions The Government of the Marches of Wales