Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	court_n	king_n	3,119	5	4.1732	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43426	Domus carthusiana, or, An account of the most noble foundation of the Charter-House near Smithfield in London both before and since the reformation : with the life and death of Thomas Sutton, esq., the founder thereof, and his last will and testament : to which are added several prayers, fitted for the private devotions and particular occasions of the ancient gentlemen, &c. / by Samuel Herne.	Herne, Samuel.	1677 (1677)	Wing H1578; ESTC R10688	113,628	343

tent ' ac deinde usque ad in vicesimum diem Octobris proxime sequen praerogat intitulat ' An Act for the establishing and confirming of the Foundation of the Hospital of King James founded in Charter-house in the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and of the Possessions thereof The Return thereof Tibi precipimus quod tenorem Actus predict cum omnibus illum tangerd nobi in cancellariam ' nostram sub Sigillo tuo distincte aperte sine dilatione mittas hoc breve T. meipso apud Westm ' xxviiio. die Junii Anno Regni nostri quarto Cesar Ra. Executio istius brevis patet in Scedula hinc annexat ' H. Elsyinge Cler ' Parl. Inspe'ximus etiam predict The time of the begining and continuance of the Parliament viz. from the 17. day of March in the third of King Charles the First until the 26. of June next following Scedulam eidem brevi annexat ' in Filaciis dict Cancellarie nostre de Recordo similiter residen in in haec verba In Parliamento inchoat ' tent ' apud Westm ' Decimo septimo die Martii Anno Regni Serenissimi Excellentissimi Domini nostri Caroli Dei gratia Anglie Scotie Francie Hibernie Regis Fidei Defensor ' c. tertio ibidem continuat ' usque in Vicesimum sextum diem Mensis Junii tunc propter sequen communi omnium Dominorum tam spiritualium quam temporalium Communium consensu Regie Majestatis assensu inter alia fancitum inactitatum stabilitum fuit hoc sequens Statutum The Title of the Act. An Act for the Establishing and Confirming of the Hospital of King James founded in Charter-house in the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and of the Possessions thereof Cujus quidem Statuti tenor sequitur in haec verba viz. The Act. Whereas our late Soveraign Lord King James of blessed memory at the humble suit of Thomas Sutton late of Balsham in the County of Cambridge Esq deceased Recital of the Letters Patents by his Highness Letters Patents under the Great Seal of England hearing date the Two and twentieth day of June in the Ninth year of his Majesties Reign of England did give and grant unto the said Thomas Sutton full power licence and lawful authority to erect and establish at or in the late dissolved Charter-house besides Smithfield in the County of Middlesex an Hospital and Free School in such sort as in and by the said Letters Patents is expressed And did further by the same Letters Patents nominate ordain assign constitute limit and appoint certain persons in the same Letters Patents named to be Governours of the Lands Possessions Revenues and Goods of the said Hospital And did by the same Letters Patents Incorporate the said Governours and their Successors to be a Body Politique and Corporate to have continuance for ever by the Name of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire And did further by the same Letters Patents give licence to the said Thomas Sutton to give grant and assure to the said Governours the Mansion-house commonly called Charter-house besides Smithfield in the said County of Middlesex and divers and sundry other Mannors Messuages Lands Tenements and Hereditaments mentioned in the said Letters Patents as in the said Letters Patents more at large appeareth And whereas the said Thomas Sutton Recital of the Founders Deed of Bargain and Sale minding the performance of the said Charitable Work by his Indenture of Bargain and Sale bearing date the First day of November in the Ninth year aforesaid and enrolled in his said late Majesties High Court of Chancery did according to the said licence to him in that behalf given for the consideration in the same Indenture mentioned give bargain sell grant confirm and convey to the said Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and to their Successors for ever the said Mansion-house commonly called Charter-house besides Smithfield in the said County of Middlesex and divers and sundry other Mannors Messuages Lands Tenements and Hereditaments in the same Indenture mentioned and expressed upon especial trust and confidence that all and singular the Rents Issues Revenues Commodities and Profits of all and singular the said Mannors Houses Lands Tenements and Hereditaments should be for ever truly faithfully and wholly distributed converted and imployed to and for the maintenance and continuance of the said Hospital and Free School and other the Charitable uses in the said Deed indented mentioned as by the said Deed indented more at large appeareth Recital of the Heirs Suit in Law against the Foundation And whereas since the death of the said Thomas Sutton one Simon Baxter the Heir of the said Thomas Sutton hath attempted and endeavoured to impeach and overthrow the Incorporation and Foundation of the said Hospital and the endowments thereof and so to obtain and get to himself the Mannors Lands Tenements and Hereditaments that were the said Thomas Suttons and by him conveyed to the Governours of the said Hospital for maintenance of the poor there Howbeit the said Heir drawing the same in question in his said Majesties Courts of Kings Bench and Chancery and the Case being adjorned by the then Iustices of the Kings Bench into the Exchequer Chamber after solemn argument and deliberate advice of all the then Iustices of both Benches and Barons of the Exchequer it was clearly resolved That the said Foundation Incorporation and Endowment of the said Hospital was sufficient good and effectual in the Law And Iudgment was thereupon given accordingly in the said Court of Kings Bench and also a Decree agreeing with the said Iudgment was had in the said Court of Chancery upon consideration whereof and for that the said Foundation and Endowment doth daily maintain Fourscore poor men some maimed in the Wars some undone by Shipwrack and Misfortune on the Seas and Forty poor Scholars with a Master Preacher Teachers and Attendants and other Officers in very ample manner with good and sufficient allowance in all things It is most humbly desired in the behalf of the Governours and poor People of the said Hospital That it may be enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same The body of the Act. And be it enacted by the Authority aforesaid that the said House called the late dissolved Charter-house besides Smithfield The place of the Hospital and

Fundo Erigo c. But in truth the Corporation is made by the King's Charter and the Founder is but an Instrument 9. The mony paid by some of the Governours in their private capacity is good but the payment was as Governours and so they are acquitted 2. a Rent was reserved which was a good consideration 3. a Bargain and Sale was to be upon Confidence and Trust 10. They may plead that they are seized in fore although then it be not in esse In Answer to the Precedents some are Explanatory and some Negatory ex Consuetudine Clericorum This being the Case it was argued shrewdly on the Plaintiff's side By Sir Francis Bacon Solicitor General Mr. Gualter of the Temple And Mr. Yelverton of Grays Inne And on the Defendants side the Hospital c. By Mr. Hubbard Attourney General Mr. Hutton Serjeant at Law Mr. Coventry of the Inner Temple But nevertheless an Adjournment was made of it from the Kings Bench to the Exchequer Chamber where it was solemnly argued by the Judges of the Land Sir Robert Hutton Sir Augustine Nicholls Sir John Doderidge Sir Humphrey Winoh Sir Edward Bromely Sir John Crooke Sir James Altham Sir George Snig Sir Peter Warberton Sir Laurence Tanfield Lord Chief Baron Sir Edward Coke Lord Chief Justice of the Common Pleas. Sir Thomas Flemming Lord Chief Justice of the King's Bench was then sick and so not present Here it was judged with the great applause of all that heard it for the Defendants the Governours of the Hospital The Plaintiff being but a man of ordinary quality was judged to have reason to be content with a tolerable provision for him sutable to his degree viz. he had allotted to him the Mannor of Turback in Lancashire consisting of a fair ancient House two Parks and large Demeans plentifully stored with Timber valued at 350 l. per Annum Rent of Assise together with a Rectory worth 100 l. per Annum in the same County and 300 l. by Will Thus was this great Difference at Law decided 1. For the Honour of the Protestant Religion that has produced such a Work of Piety and Charity as never was in the Christian World all things considered for it was the Erection of one Private man who bequeathed a mighty Estate to this pious Use 2. It was for the glory of the King to whom ex congruo condigno it was dedicated that it might bear his Name engage Him in its Institution and His Royal Successours in its future Patronage and Maintenance 3. For the increase of Piety that men in this Age be not deterred from Good Works 4. That Justice and Mercy might come together Righteousness and Peace kiss each other That every Person may have his due esteem we are to understand that much is owing to the lasting memory of Sir Edward Coke who like a firm Rock stood between that and danger he outweather'd the storm and broke the fury of interested and mercenary Eloquence At one time it was almost crushed by the hungry hopes and violence of some Self-seeking Courtiers which made that Oracle of Law more warm and positive in his Determinations He endeavoured and brought it to pass and he deserves a Monument of greater Honour among us than he found in the Church of Norwich And if it were lawful to annex the Succession of a Governour to any but the Royal Family 'T were pity the Name of so Honourable a Patron should ever be out of the List of the Right Honourable the Lords and Governours of the Charter-house Among those who were Enemies to this Religious design I find Sir Francis Bacon writing this following Advice to King James Vide Resuscit May it please your Majesty I Find it a positive Precept in the Old Law That there should be no Sacrifice without Salt The Moral whereof besides the Ceremony may be That God is not pleased with the Body of a good Intention except it be seasoned with that Spiritual Wisdom and Judgment as it be not easily subject to be corrupted and perverted For Salt in the Scripture is both a figure of Wisdom and lasting this cometh into my mind upon this act of Mr. Sutton which seemeth to me as a Sacrifice without Salt having the Materials of a good Intention but not powdred with any such Ordinances and Institutions as may preserve the same from turning corrupt or at least from becoming unsavory and of little use For though the choice of the Feoffees be of the best yet neither can they always live and the very nature of the work it self in the vast and unfit proportion thereof is apt to provoke a mis-imployment it is no diligence of theirs except there be a digression from that Model that can excuse it from running the same way that Gifts of the like condition have heretofore done For to design the Charter-house a Building fit for a Prince 's Habitation for an Hospital is all one as if one should give in Alms a rich embroydered Cloak to a Beggar And certainly a man may see tanquam quae oculis cernuntur that if such an Edifice with Six thousand pounds Revenue be erected into one Hospital it will in a small time degenerate to be made a preferment of some great Person to be Master and he to take all the sweet and the Poor to be stinted and take but the Crums as it comes to pass in divers Hospitals of this Realm which have but the names of Hospitals and are but wealthy Benefices in respect of the Mastership but the poor which is the propter quid little relieved And the like hath been the Fortune of much of the Alms of the Roman Religion in the Great Foundations which being begun in Vain-glory and Ostentation have had their Judgment upon them to end in corruption and abuse This Meditation hath made me presume to write these few Lines to your Majesty being no better than good wishes which your Majesties great Wisdom may make something or nothing of Wherein I desire to be thus understood that if this Foundation such as it is be perfect and good in Law then I am too well acquainted with your Majesties Disposition to advise any course of power or profit which is not grounded upon a right Nay further if the defects be such as a Court of Equity may remedy and cure Then I wish that as St. Peter's Shadow did cure Diseases so the very shadow of a good intention may cure the defects of that Nature But if there be a Right and Birthright planted in the Heir and not remediable by Courts of Equity and that Right be submitted to your Majesty whereby it is both in your power and grace what to do then do I wish that this rude Mass and Chaos of a good Deed were directed rather to a solid Merit and durable Charity than to a blaze of Glory that will but crackle a little in Talk and quickly extinguish And this may be done observing the Species of Mr. Sutton's