Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	archbishop_n	king_n	york_n	3,301	5	9.4555	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
a13252	A briefe treatise of testaments and last willes very profitable to be vnderstoode of all the subiects of this realme of England, (desirous to know, whether, whereof, and how, they may make their testaments: and by what meanes the same may be effected or hindered,) and no lesse delightfull, aswell for the rarenes of the worke, as for the easines of the stile, and method: compiled of such lawes ecclesiasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, nor derogatorie to the prerogatiue royall. In which treatise also are inserted diuers statutes of this land, together with mention of sundrie customes, aswell general as particular, not impertinent thereunto: besides diuers marginall notes, and quotations not to be neglected, especially of Iustinianists, or young students of the ciuil law: vvith two tables, the one analyticall ... the other alphabeticall ... By the industrie of Henrie Swinburn, Bachelar of the Ciuill Lawe.	Swinburne, Henry, 1560?-1623.	1591 (1591)	STC 23547; ESTC S118058	497,477	642

A BRIEFE TREATISE OF TESTAMENTS AND LAST WILLES Very profitable to be vnderstoode of all the Subiects of this Realme of England desirous to know Whether Whereof and How they may make their Testaments and by what meanes the same may be effected or hindered and no lesse delightfull aswell for the rarenes of the worke as for the easines of the stile and method Compiled of such lawes Ecclesiasticall and Ciuill as be not repugnant to the lawes customes or statutes of this Realme nor derogatorie to the Prerogatiue Royall In which Treatise also are inserted diuers Statutes of this land together with mention of sundrie customes aswell General as Particular not impertinent thereunto Besides diuers Marginall notes and Quotations not to be neglected especially of Iustinianists or young Students of the Ciuil Law VVith two Tables the one Analyticall describing the generall order of the whole Treatise The other Alphabeticall disclosing the particular contents therof That in the beginning this in the end of the booke By the Industrie of Henrie Swinburn Bachelar of the Ciuill Lawe 2. Kings c. 20. Put thine house in order for thou shalt die and not liue LONDON Printed by Iohn Windet 1590. TO THE MOST REVEREND FATHER IN GOD IOHN BY GODS PROVIDENCE Archbishop of Yorke Primate of England and Metropolitane H. S. wisheth true felicitie now and euer WHen I had finished this briefe Testamētarie treatise bethinking vvith my selfe most reuerende Father vnto vvhose patronage I might dedicate the same In the end I did resolue to make an offer thereof vnto your Grace Being moued thereunto vvith the consideration partlie of mine ovvne duetie partlie of your Graces interest For being a member of your Graces Courts Ecclesiastical and hauing novve receiued sundrie good fauours at your honours handes This I thought might fitly serue for a probable argument of my thankfulnesse in that behalfe And on the other side forasmuch as before all others vvithin this prouinc● of Yorke it apperteineth principally vnto your grace to prouide that testamēts lavvfully made be dulie executed being novve by Gods merciful prouidēce Metropolitane ordinarie of that sea I could not see a more vvorthie Patrone for a testamētary vvork Partly therefore by these former considerations but especially I vvas encouraged therunto vvith the cōtemplation of those diuine graces of piety learning zeale grauitie bountie benignitie affabilitie and al maner not onely sufficiencie but excellencie of vertuous giftes vvherevvith the giuer of all goodnesse hath vvonderfullie enriched your honourable minde Wherefore as hitherto your vvisdome hath bene accustomed to entertaine vvith comfortable countenance such as be studious to benefite either the Church or the common vvealth though othervvise they bee of small reputation so novve most reuerend I am vvith all duetie to craue the continuance of the same in mine ovvn behalfe together vvith the fauourable protection of these my labors so farre as they bee agreeable to truth right and equitie vvhich thing I doo so much the more humblie desire by hovv much I may seem ouermuch aduenturous in making choise of so honourable a patrone for such a trifling treatise The Lorde of might and mercie multiplie his spirite vppon your grace to the aduauncement of his ovvne glorie and the good of his Church vvith encrease of manie yeares in health and happinesse Your Graces most readie at commaundement H. Swinburne A Table of the first part wherein is shewed what a Testament or last will is and how manie kindes of Testaments there bee A Testament beeing vnderstood in a generall Sence doth not differ from a last will● § 1. Wherein if An Executor be named it is more properly called a Testament § § 1. 2. 10. which is eyther 1. Solemne § 9. or vnsolemne § 10. 2. written § 11. or Nuncupatiue § 12. 3. priuiledged § 13. or vnpriuiledged § 17 Whereof some be 1. Military testaments § 14. 2. amongst the testators children § 15. 3. to charitable or godly vses § 16. No Executor be named thē it stil reteineth the name of a last will § 4. And dooth cōprehend a 1. Codicill § 5. 2. Legacie or deuise § 6. 3. gifte in regard or because of death § 7. A Table of the second parte wherein is declared who may make a Testament and who may not Euerie person may make a Testament or last wil certein persons excepted § 1. Of whom some are prohibited by reason 1. They want discretion as Children § 2. Madfolkes § 3. Idiotes § 4. Oldmen childish § 5. He that is drunke § 6. 2. They wāt freedome as Bondslaues and villeynes § 7. Captiues and prisoners § 8. Women couerte § 9. 3. They wāt some of their principal senses as Dumbe and deafe § 10. Blinde § 11. 4. They haue cōmitted some haynouse crime as Traytors § 12. Felons § 13. Heretickes § 14. Apostataes § 15. Manifest vsurers § 16. Incestuous persons § 17. Sodomites § 18. Libellers § 19. Wilful killers of themselfes § 20. Outlawed persons § 21. Excommunicate persons § 22. 5. Certein legall impediments as Prodigall persons § 23. He that sweareth not to make a Testament § 24. He that is at the very point of death § 25. Ecclesiasticall persons § 26. 〈◊〉 kinde of 〈◊〉 the grea●● part are not vtterly intestable but in some cases onely 〈◊〉 second part 〈◊〉 Question also is briefly touched viz. Whether a King may bequeath his kingdome to whom he will § 27. A Table of the third part describing what things and how much may be disposed by will If we would know What thinges may be disposed by will If we regard 1. Lands tenements and hereditamentes they are not deuiseable but in certeine cases § 2. Whereof some are approued by 1. Custome viz. when the lāds are holden in 1. Gauelkinde § 2. 2. Burgage tenure § 2. 2. Statutes viz. when the lāds are holden in 1. Socage tenure § 3. 2. Knights seruice § 3. 2. G●ods cat●●●ey are 〈◊〉 ●le ex●●● certein cases § 5. As when those things bequeathed ar such as 1. The testator hath iointly with an other § 6. 2. The testator hath as administrator § 6. 3. The goodes of the realme viz. of the auncient Crowne and Iewels § 6. 4. Which belong to anie Colledge § 6. Hospitall § 6. Citie § 6. Church § 6. 5. Descend to the heire and not to the executor § 6. 6. Belong not to the testator but to an other § 6. 3 Cōmitting of the ●●●●on of childrē especially within the prouince of Yorke Concerning which thing diuerse questions are examined viz. 1. Who may appoint a tutor § 9. 2. To whom a tutor may be appointed § 10. 3. Who may be appointed tutor § 11. 4. In what manner a tutor may bee appointed § 11. 5. What is the office of a tutor § 13. authoritie of a tutor § 13. 6. By what meanes the tutorship is ended § 14. How much may be disposed by will If we respect 1. Lands tenements hereditaments holdē in 1. Socage tenure all is

he die t) L. Cuius bonis C. de curator furios or is absent being taken of the enemie v) L. si arrogati ff de tutel In respect of the manner and forme of the tuition the office and authoritie of the tutor is determined as if the tutor bee appointed vpon condition which condition is broken or if the tutor bee appointed duringe a certaine time which time is finished x) § praetereà Instit quib mod tut fin L. si adrogati §. sed etsi §. fin ff de tut in these and manie other respectes which for breuitie I omitte the tutor-ship is determined y) Videāt Iustinianistae Vigelij methodum iuris ciuilis vbi perplures traduntur causae finiendi tutelam Of the quantitie of landes deuiseable by will 1 Of landes tenementes and hereditamentes sometimes all sometimes but two partes of three is deuiseable §. xv NOwe that I haue shewed what kinde of thinges maie be deuised by will it remaineth to shew how much is deuiseable of landes or goodes And first concerning landes tenements and hereditamentes sometimes they maie be deuised wholie as landes tenementes and hereditamentes holden in socage or of the nature of socage tenure a) Sup● ead part §. 4. sometimes two partes of three maie be deuised namelie of landes tenements and hereditaments holden in cheef by knights seruice or of the nature of knightes seruice in cheefe b) Eod. § 4. as appeareth more fullie heretofore where I haue set downe the statutes at large What quantitie of goods or chattels maie be deuised by testament 1 Legacies to be paid out of the cleere debtlesse goods 2 The executor compellable to paie dettes out of his owne purse if he paie legacies first 3 Funerall expenses to be deducted out of the whole goodes 4 The testator maie sometime bequeath all his detlesse goodes sometimes halfe and sometimes but a third part 5 When halfe the testators goodes is due to the wife or children 6 When the wife and children ought to haue either of them a third part 7 Whether the wife and children ought to haue anie part of the dettes due to the testator 8 Whether the wife and children maie claime anie reasonable part of leases 9 Whether the wife and children maie claime a reasonable part of goodes where there is no custome 10 The reason of the lawe which leaueth all to the disposing of the testator 11 The reason of the custome wherby the power of the testator is restrained §. xvj COncerning the quātitie of goods and chattelles to be disposed this is first to be noted that the testator can not bequeath anie parte of the goodes but where something remaineth cleere the moderate funerals and the debtes due by the testator first discharged a) Bracton de legib cōs Angl. lib. 2. c. 26. n. 2 L. scimus §. si praesatam C. de iure de lib. In qua lege assignatur ratio quare legatarijs praeferuntur creditores nēpe legatarij de lucro captando creditores autem de damno vitādo contendunt d. L. scimus Et licet haeres qui inuētario legitimè confecto leg atarijs satisfaciat securus sit iure ciuili aduersus creditores quibus eodem iure concessum estactionem intentare non contra haeredem sed contra legatarios Longè tamen aliter iure nostro cautum est quo non legatarios sed ipsum executorem conuenire permittitur vt statim subijcitur And therefore if the testator doo bequeath any legacies by his testament where his goodes and chattelles will not suffice to discharge his funeralles and debts and the executor paie anie of those legacies before hee haue discharged the debts by meanes wherof there is not sufficient goodes lefte wherewith to pay the testators debtes in this case the executor shall be charged with the payment thereof out of his owne purse b) Fitzherb Abridg. tit deuise n 1. Brook tit adm̄str n. 37. Perkins tit deuise fol. 109. as one that had otherwise wasted the goodes of the testator c) Doc. Stud. lib. 2. c. 11. quam conclusionē facile admitterem cōscio executore aeris alieni Sichard in d. §. si praefatam verb. 3. vtilitas Minsing in §. sed nostra Instit de haered qual diff n. 12. Ca terùm quod nonnulli ex nostratibus eandem conclusionem extendunt vt locum habeat vel ignorante executore alios esse creditores An istud verun sit dubito durum esse non inficior Et quidem summus Iusticiarius Brook oppositam sententiam tenet nisi vbi principi quid sit debitum quia regia debita suo periculo scire debet Brook tit exec n. 116. This then being vnderstood that no legacie is due but where there cleerlie remaine some goodes and cattelles the funeralles and debtes first deducted for funeral expēces are to be deducted foorth of the whole goods both by the ciuill lawe d) L. scimus §. in computatione C. de iure delib and by the lawes of this realme e) Fitzh Na. Br. fol. 121 Doct. Stud. lib. 2. c. 10. Brook Abridg. tit exec n 172. Thou shalt vnderstande that of that which remaineth sometimes the whole sometimes the halfe and sometimes the third part maie be bequeathed or deuised by the testator according to the diuersitie of these cases following The first case is when the testator hath neither wife nor childe at the time of his death for then hee maie dispose all the residue of his cleare goodes and cattels at his pleasure f) Lindw in c. statut de testam lib. 3. ꝓuincial constit Cant. verb. defunctum Bracton de legib consuetu Ang. lib. 2. c. 26. Tract de repub Angl. lib. 3. c 6. Fitzherb Bre. de rationabil parte bon The second case is when the testator at the time of his death hath a wife and no childe or else some child or childrē but no wife In which case by a custome obserued not onely throughout the prouince of Yorke but in manie other places besides within this realme of England the goodes are to be deuided into two partes and the testator can not bequeath anie more then his part that is to say the one halfe for the other halfe is due to the wife or else to the children by vertue of the said custome g) Lindw Bracton Fitzherb vbi supr The third case is where the testator leaueth behinde him bothe a wife and also a childe or children In which case by the custome obserued in diuers places of this realme of England and namelie within the prouince of Yorke the testator can not bequeath anie more of his goods then the third part of the cleere goods h) Act. computat in scaccario Archiepiscopi Ebor. Lindw Bract. Fitzher vbi supr for in this case the said cleere goodes are to be deuided into three partes whereof the wife ought to haue one