Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n court_n king_n plea_n 3,508 5 9.7258 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A26817 The charter of Romney-Marsh, or, The laws and customs of Romney Marsh very useful for all professors of the law, and also for all lords of towns ... / framed and contrived by the Venerable Justice Henry de Bathe. Romney Marsh (England); Bathe, Henry de, d. 1260. 1686 (1686) Wing B1133; ESTC R35320 41,316 91

There are 2 snippets containing the selected quad. | View lemmatised text

said Godfrey and ten Lambs of I. N. Tenants of the same Godfrey by reason of the defects of the same Walls and Watergages for which they afterwards paid and had their Beasts again Being required for what they made the first Distress and for how much the second they say that the first Default of the said Godfrey was esteemed at four Marks and the second Default at 48 shillings And the same Godfrey saith that he holdeth his Tenements in the same Marsh of the Gift and Grant of the Lord Henry late King of England Grandfather to our now Lord King Henry the which the same Lord Henry hath given to one William the Son of Balder the Predecessor of the said Godfrey whose Heir c. By which Grant his Predecessors and he afterwards held his Tenements in the same Marsh always as freely and quietly as the said Balder held them before And they say that neither of his Predecessors nor of him any such Custom was ever sought to repair the same Walls and Watergages unless five years past after that the said Hamo was made Bailiff to keep the same Walls and Watergages neither did they ever at any time do it And he bringeth the Charter of the said King Henry in these words Henry by the Grace of God King of England c. To the Archbishop of Canterbury c. And saith that by the same Feoffment his Auncestors have held the same Tenements so freely that they never made nor repaired the Walls nor Watergages neither was he after that he held those Lands nor his Predecessors Distreined until now five or six years past that the said Hamo and others have took the Beasts and as they know which made upon him the same Distress for Default of Reparation of the same Walls and Watergages which neither he nor his Predecessors have done nor ever used to do desireth Iudgment of their Acknowledgment And the said Hamo and others say that sometimes there was Contravers betwixt the Tenants in the said Marsh upon the Reparation of the same Walls and Watergages so that Plea was moved thereby in the County before the Sheriff for which the four and twenty Iurats finding themselves grieved came to the Court of our Lord the King and complained of the said Sheriff alledging that the same Plea appertained not not to the Sheriff to be holden so that by Counsel of our Lord the King it was provided that there might be sent the Iustices of our Lord the King to ordain and dispose that which should be meet to appease those Strifes So that Henry de Bathonia was sent thether and all the Tenants of the said Marsh had Summons of forty days as he was in the Iourney with the Iustices And the said Henry having seen the Walls and Waterbanks aforesaid vp assent and will of the whole communalty of the said Marsh hath ordained that the Archbishops Bishops Abbots Priors Earls Barons and all Tenents in the same Marsh shall contribute according to the quantity of their Tenure to make again the same Walls and Watergages whereby as the said Godfrey will be defended by the Walls and Watergages he requireth that he contribute to repair them as before the said Iustice it was ordained And that the ordinance is such as aforesaid he referreth himself to the Record of the Rolls of the said Henry de Bathonia Also he saith that it is needful that he Contribute to repair the same Walls c. for that he saith that except his Land should be defended by the said Walls all his Land would be overflown and washed And the said Godfrey saith that although the same Ordinance had been made by the said Henry the said Godfrey never consented thereto neither was Summoned nor called to come before him to make the same Ordinance He also saith that neither before the Ordinance nor after he nor his Predecessors did lately make such Contribution but always held their Land quietly from all manner of exaction according to the Tenor of the said Charter of King Henry Grandfather to the now King until two years past the said Hamo and others took his Beasts whereof he prayeth Iudgment whether the same do hurt him in this behalf And the said Hamo and others say that he had a Common Summons of forty days as all the Communalty of the same Marsh had which he ought not to be ignorant of whereby he saith That although he would not come thither as he ought with his Neighbours he ought not to be therefore freed from the same Contribution to repair the Walls insomuch that it is the common benefit of all the Tenants in the said Marsh that as well his Land as the Land of the other Tenants may be defended by the same Walls and Watergages whereof he desireth Iudgment He also saith That after the same Ordinance the said Godfrey and those men have given a Mark to repair the Walls and Watergages aforesaid before the said Hamo was Bailiff and that he is ready to verifie the same c. And Godfrey saith that he holdeth himself to the same Charter of our Lord the King and to his Liberty which he and his Predecessors used against which none Ordinance being made by the said Henry can nor ought to hurt him and he well defendeth that neither he nor any by him hath given any thing at any time before the said Ordinance nor after to the same Reparation And this he is ready to verifie c. Afterwards in the morrow after Saint Martin in the two and fortieth year there came the said G. H. and others c. And it was commanded to the Sherist that he cause to come in three weeks after Easter wheresoever twelve aswel Knights as c. by which c. And which nether c. nor have Lands in the said Marsh c. if the said Godfrey and his Predecessors after that they had his Land of Hurst of the Gift and Graunt of our Lord Henry King of England c. together with other men having Land in the said Marsh were wont to repair the Walls and Watergages and to contribute with the same men to repair them when it hath been needful whereof the said Godfrey by a certain Ordinance in which he granted before Henry de Bathonia whom the Lord the King had sent in that behalf gave a Mark to repair the said Walls and Watergages before the said Hamo was Bailiff of the said Marsh as the said H. and I. do affirm or if the said Godfrey or his Predecessors were freed from those Reparations of the Walls and Watergages and things incident thereto by Charter of the said King Henry Grandfather c. So that the said Godfrey hath not agreed to the same Ordinance nor ever gave any thing to repair the same Walls and Watergages as the said Godfrey alledgeth because aswell c. Afterwards from three weeks after Easter in the two and fortieth
mind hereunto chosen and sworn Distresses ought to be made upon all those which have Lands and Tenements in the said Marsh To repair the Walls and Watergages of the same Marsh against the dangers of the Sea And also upon all those which are bound and charged for the reparation of the said Walls and Watergages We have granted to the same four and twenty that for the safety of the said Marsh they cause those distresses to be done so that they be made equal according to the portions greater and lesser which men have in the same Marsh and according to that which some are bound and charged And therefore we will and grant that none of our Sheriffs of Kent or any his Bailiffs do in any wise intermeddle touching those Distresses made by consideration of the same four and twenty Iurors to avoid the same danger For whosoever shall bring Complaint unto us of the consideration of those Distresses we will cause Iustice to be done unto him in our Court and that Iustice we reserve specially to our self or our special Commandment In witness whereof these Letters we have caused to be made Patents Witness my self at S. Edmonds the second day of September in the six and thirtieth year of our Reign ¶ The Ordinance of Henry of Bathonia Iustice of our Lord King Henry Son of King John made by Precept of the same Lord the King upon contention arisen between the four and twenty Iurors and the men of Romney Marsh touching reparation of the Walls and Watergages there being at Romney on Saturday next after the Nativity of the blessed Virgin Mary in the two and fortieth year of the said King Henry adjoyning to him Nicholas of Handlo and Aulred of Dene c. OVr Lord the King hath given in charge to Henry of Bathonia that whereas Iudgment ought to be done by four and twenty lawful men of Romney-Marsh to distrain upon all those which have Lands and Tenements in the said Marsh to repair the Walls and Watergages of the same Marsh against the force of the Sea and inundation of other Waters and also upon all those which are bound and charged with the reparation of the same Walls and Watergages And to the same four and twenty Iuror● our Lord the King by his Letters Patents hath lately granted That for safety of the said Marsh they should cause Distresses to be made so that they may be duly done according to the portions greater or less which men have in the same Marsh and according as some are bound and holden hereunto So that no Sheriff of Kent of our Lord the King or any his Bailiffs do in any wise intermeddle with those Distresses made by consideration of the foresaid four and twenty Iurors for avoiding the danger aforesaid But if any should think himself grieved unjustly touching the consideration of those Distresses and would complain thereof he should bring his Complaint unto him our Lord the King and he would cause Iustice to be done to him in his Court and that Iustice had specially reserved to him our Lord the King or to his special Mandate The said four and twenty Iurors for the consideration and resistance of certain men of the same Marsh which are bound to repair the same Walls and Watergages according to the Quantity of the Lands and Tenements which they have in the same Marsh cannot make the same Distresses whereby the Walls and Watergages lye ruinated By reason whereof the Inundations of the Sea and other Waters do overflow a great part thereof to the great detriment of our said Lord the King and men of the same Marsh He our Lord the King hath appointed the said Henry his Iusticer to hear and determine the contentions arisen touching the same reparation between the same four and twenty Iurors and men of the said Marsh And to provide for security and defence of the said Marsh against inundation and peril of the Sea and other Waters by reparation of the said Walls and Watergages to be made by them which are bound to repair it according to the quantity of the Lands and Tenements which they have in the same Marsh and according to that which some are otherwise bound and holden hereunto Our said Lord the King commanding the said Henry that at the day and place which he should limit he should provide to dispatch the same as is aforesaid And what he shall do therein that to him the said Lord the King he make known distinctly and plainly in writing that the same Lord the King might cause it to be inrolled c. By which Mandate the said Henry in the day aforesaid being at Romney joyning to him the same Nicholas de Handlo and Aulred of Dene and the Sheriff of Kent assisting him which by Precept of our Lord the King at the same day caused to come before him so many and such honest and lawful men of his Bailiwick by which the same Strifes may be ended and the same provision may the better be effected none of the same Marsh then withstanding it The said HENRY in the presence of the Commonalty of the said Marsh then being there with their Counsel pleading Ordained as followeth That is to say that by the whole Commonalty of the same Marsh twelve lawful men may be chosen to wit six of the Fee of the Archbishop of Canterbury and six of the Barony which being sworn shall measure the Walls new and old and those which ought to be new erected And the same measuring should be done by one and the same Perch to wit of twenty foots And afterwards the same Iurors upon their Oaths also by the same Perch shall measure by all the Acres Lands and Tenements which are subject to danger within the same Marsh Which measurings being done the twenty four by the Commonalty first elected and sworn having respect to the quantity of the Walls Lands and Tenements which are subject to peril by their Oath shall ordain how much appertaineth to every one to uphold and repair the same Walls So that for the portion of Acres of Lands lying subject to danger there be assigned to every one his portion of Perches by certain Bounds so as it may be known where and by what places every one ought to make defencible and when need shall be by whose occasion the peril and force of Sea ought to be withstood by repairing the same Walls And there ought to come the four and twenty Iurors to see through which of the same places such need chanceth and to whom the same places were assigned be defended and ought the same time to be repaired Which common Bailiff shall give notice to them to whom the same places were appointed to be kept that they repair and amend the same places within the time by the same four and twenty Iurors appointed Within which time if they neglect to do it the said common Bailiff of his