Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	council_n	lord_n	privy_a	4,231	5	10.1951	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42922	The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.	Godolphin, John, 1617-1678.	1674 (1674)	Wing G946; ESTC R8268	410,843	382

This Book Entituled The Orphans Legacy written by John Godolphin LL. Dr. I do LICENSE to be Printed Exeter house 26. April 1673. Shaftesbury C. THE Orphans Legacy OR A Testamentary Abridgement In Three PARTS I. Of Last Wills and Testaments II. Of Executors and Administrators III. Of Legacies and Devises WHEREIN The most Material Points of Law relating to that Subject are succinctly Treated as well according to the Common and Temporal as Ecclesiastical and Civil Laws of this Realm ILLUSTRATED With great variety of select Cases in the Law of both Professions as well delightful in the Theorie as usefull for the Practice of all such as study the one or are either Active or Passive in the other By John Godolphin LL. D r. Hebr. Chap. 9. V. 16 and 17. Where a Testament is there must also of necessity be the death of the Testator For a Testament is of force after men are dead otherwise it is of no strength at all whilst the Testatour liveth LONDON Printed by E. T. and R. H. and are to be sold by Joseph Nevill at the sign of the Grey-hound in St. Pauls Church-yard And Christopher Wilkinson at the Black Boy over against St. Dunstans Church in Fleet-street 1674. To the Right Honourable ANTHONY Earl of SHAFTESBURY Baron ASHLEY of WINBURN S t Gyles and Baron COOPER of PAWLET Lord Lieutenant of DORSET-SHIRE Lord High CHANCELLOUR of ENGLAND and one of His MAJESTIES most Honourable PRIVY COUNCIL c. My Lord BEfore this Treatise Presumes to hazard it self in the Readers hands its highest Ambition is to lye at Your Honours Feet What in the like Case was once said to a Person of Grandeur Qui apud te audent dicere Magnitudinem tuam ignorant qui non audent Humanitatem is my Apology for this Loyal Confidence Were not the Scales of Justice in Your hands or were the Tribunal which You Illustrate under a Cloud for want of a Luminary to enlighten the Law yet such is the Conquest Your Victorious Condescensions have made on all not-disingenuous hearts Such Your exact Inspection into Men and Manners Such Your depth of Just and Successfull Counsels Such Your serious Recreation in the more Noble Arts and Sciences Such Your Dexterity in Reconciling Law to Equity by Your Great Prudence in the Conduct of Juridical Contestations and All under the immediate Vmbrage of Majesty That the Insignificant Author doubting the Euroclydons of a Censorious Age and Ambitious of his Obligations to Your Lordship humbly Craves Your Pardon for presuming to take Sanctuary under Your Protection of Equity in case this ORPHANS LEGACY proves not so Good in Law as in the most Critical Construction may Indemnifie MY LORD Your most Obsequious Servant Devoted to your Honours Commands usque ad Aras JOHN GODOLPHIN To the Reader NOt in the least to Anticipate any Just Exceptions but if possible to prevent all prejudice let me premise That the Industrious M r Swinburn Second to none that ever Writ of this Subject in our Native Dialect having been pleas'd to confine himself to the incomparable Lawes of his own Profession hath left the fairer Latitude for Variation admitting him to have transcended all possibilities of Imitation And if this Treatise speak not in its proper Idiom it is because Reports could not so aptly as Decisions be taught the Justinian Language Nor let it appear Presumptive That a submiss Votary of his seems to Invade the Territories of an Alien Profession having so many Presidents for his Warrant therein as expunging but a very few Quotations of one or two Apocryphal Authors may well amount to something like a Justification by vertue of the Lex Talionis That with all submission to the Judicious as with smiles to the Captious the subscription at a venture may be Thy Friend J. G. Of Testaments and Last Wills The Chapters of the First Part. I. What a Testament a Last Will and Codicil is and how they differ II. Of the several distinctions or kinds of Testaments III. Of Testaments solemn and unsolemn IV. Of Testaments Written and Nuncupative V. Of Testaments priviledged and unpriviledged VI. Of Codicils VII What persons are incapable of making Testaments or Last Wills VIII Of persons Intestable by reason of the want of discretion IX Of persons Intestable for want of Freedom or Liberty X. Of Women Covert XI Of persons Intestable for want of their principal senses XII Of persons Intestable by reason of some Criminal Convictions XIII Of Conditional Testaments XIV Of the several kinds of Conditions incident to Testaments XV. Of Testamentary Conditions in reference to Marriage XVI Of the manner of proceeding during the suspence of the Condition XVII Of Testaments void XVIII Of Testamentary Revocations XIX Of a Reviver of a Will revoked XX. Of the Probate of Testaments XXI Of Proof requisite to a Will XXII Bona Notabilia THE ORPHANS LEGACY The FIRST PART OF Testaments and Last VVills CHAP. I. What a Testament a last Will and Codicil is And how they differ A Testament is a Just Sentence of our Will touching what we would have done after our death with the appointment of an Executor Exchange the words Just Sentence into the words Lawful Disposing and then it defines a Last Will. And if instead of with c. you say without the appointment of an Executor you give the definition of a Codicil But an Executor and a Last Will or Testament are such Relatives as the one cannot be without the other Insomuch that although much be written in the name of a Will many Legacies bequeathed and many things appointed to be done yet if no Executor be named expressed or implyed it is no Last Will or Testament Thus a Testament is a Just Sentence of our Will touching what we would have done after our death A Last Will is a Lawful Disposing touching what we would have done after our death And a Codicil is a Just Sentence of our Will touching what we would have done after our death without the appointing of an Executor From the said Definition of a Testament the Legal Inferences are six viz. 1. That a Testator in his Will may not command or order any thing against Justice Piety Equity or Honesty 2. That it be full and perfect without defect or imperfections either in respect of Solemnity or in respect of Will and meaning 3. That it ought to be advisedly and deliberately made and not absque animo Testandi 4. That the Testator ought to be sui juris in respect of what he disposeth in his Will 5. That his Will be independent not suffering the least coaction or dependence on the will or pleasure of any other 6. That the Testament receives life by the Testators death and is of no force till his decease A Testament is frequently called a Will or Last Will for these words are commonly Synonymous and promiscuously used yet some are of Opinion that they understand it most properly who limit a