Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	king_n	realm_n	1,598	5	9.5501	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59100	Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.; Selections. 1683	Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703.; Selden, John, 1584-1654. Jani Anglorum facies altera. English.; Selden, John, 1584-1654. England's epinomis.; Selden, John, 1584-1654. Of the original of ecclesiastical jurisdiction of testaments.	1683 (1683)	Wing S2441; ESTC R14343	196,477	246

First Jeoffrey de Magna Villa made Earl of Essex by Mawd the Empress It seems that the Saxon Earls had the self-same right of sharing with the King So in Doomsday Book we find it The Queen Edeua had two parts from Ipswich in Suffolk and the Earl or Count Guert the third and so of Norwich that it paid Twenty Pound to the King and to the Earl Ten Pound so of the Revenues of the Borough of Lewes in Sussex the King had two shares and the Earl the third And Oxford paid for Toll and Gable and other customary Duties Twenty Pound a year to the King besides Six Quarts of Honey and to Earl Algar Ten Pound To conclude it appears also that these Norman Earls or Counts had some power of making Laws to the people of their Counties For instance the Monk of Malmesbury tells us that the Laws of William Fitz-Osborn Earl of Hereford remained still in force in the said County that no Souldier for whatsoever offence should pay above Seven Shillings The Writings and Patents of the men of Cornwall concerning their Stannaries or Tinn-Mines do prove as much nor need I tell the story how Godiva Lady to the Earl Leofrick rid on Horse-back through the Streets of Coventry with her hair disshevelled all hanging about her at full length that by this means she might discharge them of those Taxes and Payments which the Earl had imposed upon them Out of the Countreys wherein all Estates were subject to Military Service the Barons had their Territories as we call them Mannors and in them their Courts to call their Tenants together at the end of every three Weeks and to hear and determine their Causes A Civilian one Vdalricus Zazius would have the original of these Courts among other Nations to have come by way of imitation from Romulus his making of Lords or Patrons and their Clanns or Tenants The use of them at this day is common and ordinarily known But to shew how it was of old we will borrow out of Hoveden this spark of light John Marshall complained to Henry the Second that whereas he had claimed or challenged in the Arch-Bishops Court a piece of Land to be held from him by right of inheritance and had a long time pleaded upon it he could obtain no Justice in the case and that he had by Oath falsified the Arch-Bishops Court that is proved it to be false by Oath according to the custom of the Realm to whom the Arch-Bishop made answer There has been no Justice wanting to John in my Court but he I know not by whose advice or whether of his own head brought in my Court a certain Toper and swore upon it that he went away from my Court for default of Justice and it seemed to the Justices of my Court that he did me the injury by withdrawing in that manner from my Court seeing it is ordained in your Realm that he who would falsifie anothers Court must swear upon the holy Gospels The King not regarding these words swore that he would have Justice and Judgement of him and the Barons of the Kings Court did judge him to be in the Kings Mercy and moreover they fined him Five Hundred Pound As to doing Justice in all other Cases and managing of Publick Affairs the Normans had almost the same Names and Titles of Officers and Offices as the Saxons had FINIS A Brief CHRONOLOGY TO Attend and Assist THE HISTORY In the Year of the WORLD   1910. Samothes if there ever were such a man bears rule 2805. Brutus makes a descent that is lands with his Trojans in Cornwall or Devonshire 3516. Dunvallo Molmutius swayes the Scepter 3627. Martia Dowager of King Quintilen is Queen Regent during the Minority of her Son Sisillius the First 3942. Caius Julius Caesar arrives at Deal on the Sea-Coast of Kent and Territa quaesitis ostendis terga Britannis that is Having inquiry made After the Britans bold He turn'd his back 't is said His courage would not hold and was the first that discover'd Britanny to the Romans In the Year of CHRIST   44. Claudius Caesar Emperour sends over Aulus Plautius with an Army as his Lieutenant General and by degrees reduceth the Countrey into the form of a Roman Province 52. A Colony of Veterans or old Roman Souldiers is sent down to Maldon in Essex 86. Britanny is subdued or brought under the yoke by the Conduct of Junius Agricola in the time of Domitian the Emperour 183. Lucius or King Lucy was the first Christian King Forasmuch as he was of the same standing with Pope Eleutherius and the Emperour Commodus Whence it appears that Beda makes others mistake and is himself mistaken in his wrong account of time in this affair 428. The Saxons Angles Jutes Danes Frisons or Friselanders arrive here from Germany Taurus and Felix then Consuls in the one and twentieth year of Theodosius the younger The common or ordinary account of Writers sets it down the four hundred forty ninth year but that great man both for Authority and Judgement William Camden Clarenceaux King at Arms hath upon the credit of ancient Records closed this Epoch or Date of time within that term of years which I have set in the Margin 561. King Ethelbert the First King of the English Saxons who profest Christianity 800. King Egbert 872. King Alured or Alfred 959. King Edgar 1017. Canute or King Knute the Dane 1036. Harold eldest Son to King Knute called for his swiftness Harefoot 1042. Edward the Confessor after whom Harold Son to Godwin Earl of Kent usurp't the Throne where he continued only nine Months 1066. William Duke of Normandy after a Battel fought upon the Plain near Hastings got the Dominion or Soveraignty of the British Island 1088. William Rufus second Son of the Conquerour 1100. Henry the First younger Brother to Rufus 1135. King Stephen Count of Blois in France Nephew to Henry by his Sister Adela 1153. Henry the Second Grand-child to Henry the First by his Daughter Mawd the Empress and Jeoffrey Count of Anger 's in France FINIS BRIEF NOTES UPON Some of the more Difficult Passages IN THE TITLE-PAGE COmmon and Statute Law So I render Jus Prophanum as Prophane is opposed to Sacred and Ecclesiastical as himself explains the term in his Preface out of Festus Otherwise it might have been render'd Civil Law as relating to Civil affairs and the Government of State not medling with the Canons and Rules of the Church but that the Civil Law with us is taken generally in another sense for the Imperial Law which however practised in several other Nations hath little to do in England unless in some particular cases Of English Britanny that is that part of Britain which was inhabited by the Angles in Latin called Anglo-Britannia by us strictly England as for distinction the other part of the Island Wales whither the Welsh the true and ancient Britans were driven by the Saxons

be ignorant in the French or not to be able to speak it that mainly upon this account in the Reign of William Rufus Vlstan Bishop of Worcester was censured as unworthy of his place and deprived of his dignity who as to other things according to the simplicity of that Age was Scholar enough The Abbot whom I quoted speaks thus of the French Character The Saxon hand was used by all the Saxons and Mercians in all their hand-writings till the time of King Alfred who had by French Tutors been very well trained up in all Literature but from the time of the said King it did by disuse come to be of little account and the French hand because it being more legible and more delightful to sight had the preheminence grew more and more every day in vogue and use among all the English Nevertheless however this business went we are told that in the memory of our Fathers and that by an ancient order there were Lectures of the English-Saxon language read at Tavistock Abby in Devonshire 5. That his new Kingdom might not be disturbed by Riots and disorders in the night he ordered that at the Ringing of a Bell which they called the Curfew-Bell all the Lights and Fires should in every little Cottage a little after the dusk of the Evening be put out 6. He that should take a Deer or aprum a Boar so says Huntingdon but perhaps 't is caprum a Buck or a Roe was to have his eyes thrust or plucked out saith Matthew Paris 7. If any one had slain any one 't is Huntingdon writes this be it upon what cause or occasion soever he was sentenced to a Capital punishment he was to die for it 8. If one had forced any woman so I read aliquam any woman not aliquem any man as 't is in the common Prints he was to have his Privities cut off Forced her I sure enough and perhaps he that lay with a woman with her consent was notwithstanding that served in the same kind too And in this case I would have you hear what that great Lawyer Albericus Gentilis his opinion is This I say saith he that a man hath a greater injury done him if the woman were not ravished per force but were debauched and made willing because in this case her mind is estranged from her Husband but in that other not CHAP. IV. Sheriffs and J●ries were before this time Th● four Terms Judges to Act without Appeal Justices of Peace The Kings payments made at first in Provisions Afterwards changed into Mony which the Sheriff of each County was to pay in to the Exchequer The Constable of Dover and Warden of the Cinque Ports why made A disorder in Church-affairs Reformed POlydore Virgil brings in at this time the first Sheriffs of Counties and here places the beginning of Juries or determining of Tryals by the judgment of Twelve but is out in them both This of Juries is convinced by a Law of Ethelred in Lambard's explications of Law-terms and by those irrefragable arguments which the famous Sir Edward Coke brings against it That other mistake of Sheriffs is confuted by what we have formerly noted out of Ingulph and by what we shall hereafter somewhere have occasion to remark Mars being impleaded in the Areopagus the place of Judgment at Athens for the murder of Halirothius the Son of Neptune whom he had slain for Ravishing his Daughter Alcippa upon his Tryal by twelve Gods was acquitted by six Sentences or Votes For if the number were equal and no majority the Person was not condemned but discharged My meaning why I put in this Story is to shew the most ancient use of this number of twelve in Tryals elsewhere as well as amongst us An Italian might well mistake in a concern of England yet take it not ill at my hands that I have given you this upon his credit 9. He appointed that four times every year there should be kept Conventions or Meetings for several days in such place as he himself should give order In which Meetings the Judges sitting apart by themselves should keep Court and do Justice These are our four Terms 10. He appointed other Judges who without appeal should exercise Jurisdiction and Judgment from whom as from the bosom of the Prince all that were ingaged in quarrels addressing thither might have right done them and refer their controversies to them 11. He appointed other Rulers or Magistrates who might take care to see misdemeanors punished these he called Justices of Peace Now one may well imagine that this name of Office is most certainly of a later date and a foreign Writer is to be excused by those rights which are afforded to Guests and Strangers since acting a Busiris his part against them would be downright barbarous I say he is to be excused so far as not to have his mistakes in the History of the English Nation too heavily charged upon him 12. In the Primitive State of the Kingdom after the Conquest Gervase of Tilbury in his Dialogue of the Exchequer saith this is a thing handled down from our Forefathers the Kings had payments made them out of their Lands not in sums of Gold or Silver but only in Victuals or Provisions Out of which the Kings house was supplied with necessaries for daily use and they who were deputed to this service the Purveyors knew what quantity arose from each several land But yet as to Soldiers pay or donatives and for other necessaries concerning the Pleas of the Kingdom or Conventions as also from Cities and Castles where they did not exercise Husbandry or Tillage in such instances payments were made in ready mony Wherefore this Institution lasted all the time of William the First to the time of King Henry his Son so that I my self Gervase flourished in the Reign of Henry the second have seen some people who did at set times carry from the Kings Lands victuals or provisions of food to Court. And the Officers also of the Kings house knew very well having it upon account which Counties were to send in Wheat which to send in several sorts of flesh and Provender for the Horses These things being paid according to the appointed manner and proportion of every thing the Kings Officers reckoned to the Sheriffs by reducing it into a sum of pence to wit for a measure of Wheat to make bread for a hundred men one shilling for the body of a pasture-fed Beef one shilling for a Ram or a Sheep four pence for the allowance of twenty horses likewise four pence But in process of time when as the said King was busie in remote parts beyond Sea to appease Tumults and Insurrections it so happened that ready mony was highly necessary for him to supply his occasions In the mean time there came in multitudes a great company of Husbandmen with complaints to the Kings Court or which troubled him more they frequently

might have gained Jurisdiction over all personal Legacies under colour of such as were given in pios usus But perhaps it will not be admitted for probability enough that any part of the Code being of the Imperial or Civil Law was ever so received here in England as that it could induce any alteration touching the Jurisdiction of the Crown that is touching this Extrinsecal Jurisdiction which as is shewed did belong to the Temporal Courts but whosoever will not admit of any such conjecture must yet remember that presently from King Stephen's time when the Civil Law was new born into the light it having lain forgotten by the space of Six Hundred years before in the Western Empire the Code and other parts of that Law were familiarly read by our English Lawyers and I think as well by our Common as Canon Lawyers to omit that Case of Mabile of Franchiville wherein it seems a special regard was had to the Civil Law that permits not a meer Bastard and Succession ex Testamento against a lawful Heir of Blood for otherwise how could Richard the Uncle's Institution as it seems by a former Will have made colour of right for him against the latter Will which Mabile pretended unless he relyed upon her being a Bastard But I should think it probable enough that the Original of this Jurisdiction for Legacies was out of the Canon Law And that especially from that Canon Si haeredes c. before cited for although the Decretals wherein it stands now authorized for a general Law were first published but in 24 H. 3. by Gregory the Ninth and that we see by infallible testimony already brought that Legacies before that time were recoverable in the Spiritual Court yet by likelihood that very Canon was inserted in all or some of those eight more ancient Compilations of the Canons authorized by some former Popes which is the more probable because we find it also in Burchard and so it might be long before sufficient ground of this Extrinsecal Jurisdiction in the Ordinary but I sought here for Authority more than I durst be bold in conjectures which I leave to every mans judgement PART II. OF THE Disposition or Administration OF Intestates Goods CHAP. I. In whom it was in the time of the Saxons IN the Saxons time it was in the Lord of him that dyed understand the Chief Lord in case the Intestate were a Tenant and dyed at home in peace But in case he were no Tenant or dyed in his Lords Army then it was it seems as other Inheritance under the Jurisdiction of that Temporal Court within whose Territory the goods were This may be proved out of the Laws of that time which ordain that upon the death of an Intestate whom they call cwiale awe the Lord is only to have the Heriotts due to him which are also appointed by the Laws of the same time That by his the Lords advice or judgement his the Intestates goods be divided among his Wife and Children and the next of Kin according as to every one of them of right belongs that is according to the nearness of Kindred if no Children or Nephews from them be for it must I suppose be understood that the succession was such that the Children excluded all their Kindred and of their Kindred the next succeeded according to that in Tacitus of his Germans whose Customs were doubtless mixt with our English Saxons haeredes sayes he successoresque sint cuique liberi nullum Testamentum But it seems Christianity afterward brought in the free power of making Testaments amongst them Si liberi non sunt proximus gradus in possessione fratres patrui Avunculi But this is exprest only in case the Tenant dyed at home and in peace for if he dyed in his Lords Army both the Heriott was forgiven and the Inheritance both of Goods and Lands was to be divided as it ought which was it seems by the Jurisdiction of the Temporal Court within whose Territory the Death or Goods were for in that case it is not said that the Lords Judgement was to be used but that the Heirs should divide all or as the words in the Confessor's Law are habeant h●redes ejus pecuniam terram ejus sine aliqua diminutione recte dividant interse where the right of the Heir both to Lands and Goods is expresly designed but the Judge that should give it them not mentioned Therefore it seems it remained as other parts of the Common Law under the Temporal Jurisdiction as by the Civil Law it is under the Pretors CHAP. II. In whom after the Normans until King John's time UNtil King John's time it seems the Jurisdiction over Intestates Goods was as of other Inheritance also in the Temporal Courts yet no sufficient Testimony is found to prove it expresly only when the Common Laws of those times speak of Intestates they determine the succession by like division as those of the Saxon times In Laws attributed to William the First we read Si home morust sans devise si departent les Infants l'erite inter sei per ovell And afterwards in H. 1. Laws si quis Baronum vel hominum meorum praeventus vel Armis vel infirmitate pecuniam suam nec dederit nec dare disposuerit uxor sua sive liberi aut Parentes legitimi homines sui pro anima ejus eam dividant sicut eis melius visum fuerit Here is the first mention as I remember of any thing occurring in our Laws or Histories of the disposition of the Intestates Goods pro anima ejus which indeed might have been fitly subjected to the view at least of the Church But no mention as yet being of any Ecclesiastical Power that tends that way I rather think that heretofore no use or practice was of Administration committed direction given or medling with the Goods by the Ordinaries but all was by the Friends or Kindred juxta Consilium discretorum virorum as the words are in the Statutes made for such as should dye in the Holy War with Richard the First Neither doth that of Glanvill which was written under H. 2. tell us of any thing of the Ordinaries Power in this case although it hath express mention of Testaments and the Churches Jurisdiction of them Indeed we there find that if no Executor be named then possunt propinqui consanguinei Testatoris take upon them the Executorship and sue in the Kings Court against such as hinder the due payment of Legacies which also agrees well enough with that before cited out of the Laws of H. 1. Neither is there in Gualter Mapes his Apocalypsis being a bitter Satyr against the Abuses of the Spiritual Courts in Henry the Seconds time nor in John of Salisbury's Epistles that have many particulars of the exercised Jurisdiction of the Church any thing occurring that touches upon any Ecclesiastical Powers of this nature