Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n chief_a lord_n treasurer_n 2,704 5 10.8093 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
A43077 A treatise concerning statutes, or acts of Parliament, and the exposition thereof written by Sir Christopher Hatton ... Hatton, Christopher, Sir, 1540-1591. 1677 (1677) Wing H1142; ESTC R14799 17,009 104

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

if he have Assets to him in Fee-simple descended from the same Ancestor he shall be barred but if he have not Assets to him already descended but that after they shall descend then the Tenant shall have recovery by Writ of Judgment that shall issue out of the Roll of the Justices before whom the Plea was pleaded and by the equity of the same Statute if with Assets garranty of the Tenant in tail be pleaded where he hath not Assets but after Assets is to descend there the Tenant shall have Scire facias to have the Assets and not the Land tailed because that the Issue might after recover that from him and so the Statute giveth to the Tenant the thing aliened and to the Issue the Assets and by the equity the Issue shall have the thing aliened and the Tenant shall have the Assets and this is because that former law would not suffer the Land entailed effectually to recompence the party disherited and so the Statute should have served to little purpose or none if it had not been thus expounded 32 H. 8. A Statute was made against buying of Titles of Land which Justice Mountague in the Commentaries expoundeth thus Except such Person and Persons have been in possession thereof making a full point there or of reversion or remainder thereof making another point there or have taken the Rents or Profits thereof by the space of one year so that these words by the space of one year shall be referred only to the last clause of receiving Rents and so he in the reversion or in the remainder or he that hath been in possession though it were but an hour hath power to alien for he saith that understanding the Statute according to the letter the Baron being possessed by the space of a year in the right of his Feme Tenant in tail might make a Lease or alien and he that should enter for mortmain or by escheat or recover by any title might be restrained for a year All which is inconvenient and to avoid such inconvenience the Statute is expounded by such pointing and reference The Statute of Articuli super chartas against Champerty hindreth not the Father from infeoffing his Son and Heir And the Statute of Westm. 2. cap. 11. which saith that in Appeals it shall be inquired who be Abettors extendeth not to the Heir that abetteth his Mother Anno 5 E. 6. A Statute was made that if any Treasurer Receiver or other Minister Accomptant or Deputy or Deputies to them receive of any person any sum of Money or other Profits of or for the payment of any Fees Annuities Pensions or Warrants more or otherwise than he might by former Statutes in such cases provided that then the Treasurer c. so offending should pay for every penny or penny worth so taken by way of forfeit vis viii d. to be recovered in any of the Kings Courts c. though these words extend to all mens Officers yet they are restrained to the Kings Officers only even for the evidence of Reason for other men may be spoken with themselves especially to remedy injustice offered by their Officers and there is no Statute that limiteth the Fees of other mens Officers besides the Kings and by the Preface of the Act it may appear to be a remedy for those that the Kings Officers defrauded of their Pensions granted out of Religious houses and Justice Dyer saith that the Preface is the Key to open the intent of the Makers of Acts of Parliament and Civilians say that Cessante statuti prooemio cessat ipsum statutum for Reason hath been so forcible against the words of Statutes that even in the Princes Prerogative the words of Statutes have been controlled as the Statute of Prerogativa Regis saith Dominus Rex habebit custodiam omnium terrarum eorum qui de ipso tenent in capite per servitium militare de quibus ipsi tenentes seisui fuerunt in dominico suo ut de feodo die quo obierunt de quocunque tenuerunt Yet if the Kings Tenants have Lands in Knights Service holden of the King and other Lands descending from the Mother holden of another Lord and die without Issue the Lands descending from the Mother shall not be in the Kings hands for they go to the next heir of the Mothers side and the heir of the Father shall not have them wherefore the King who is but to have the custody of the heir of the Father shall have but those Lands that to him descended and not those that went to another heir The Statute of Westm. 2. touching View which provideth that View shall not be granted in the second Writ if the Party abate the first Per exceptionem dilatoriam is restrained where it is abated by such an exception dilatory as the Court or another Tanquam amicus Curiae might abate it by An Act of Parliament confirmeth all the Customs of a Town there are some against Law and Reason those are not confirmed 3 H. 7. cap. 1. It is ordained That the Chancellor and Treasurer of England for the time being and Keeper of the Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the King 's most honourable Privy Council and the two Chief Justices of the King's Bench and the Court of Common Pleas or in their absence two other Justices have Authority to examine Riots c. And it is holden that none are Judges in this Court but the Chancellor and Treasurer and Keeper or two of them and the other are but Assistants and not Judges yet it is held an error if they call not such persons as is limited by the Act for Law and Reason say Licet presentia aut consilium alicujus requiratur in aliquo actu requirens non tenetur illud sequi Finally Every Statute doth either bring forth some new thing or is declaratory of former Law and therefore every Statute must be expounded to have some good operation not as a thing needless or void The Statute of 32 H. 8. c. 13. providing that Leases for years made by Abbathies c. shall be good for 21 years only from the time of the making if so many years be by the demise lease or grant specified or else for so many years as be expressed so that the old Rent be reserved and so that the said Lease or Leases exceed not 21 years This first so that is expounded to be conditional and the second so that is but declaratory for if the old Rent be not reserved all is void through breach of the condition but the second so that the said Lease or Leases exceed not 21 years doth only limit the meaning and declare that such Leases shall be good for so long and no longer and if there be mention of more years the residue that exceed 21 are void but not the whole term and if it should be otherwise expounded the latter words would overthrow all the
intent of the former for all those Leases for the most part exceeded 21 years The Statute of Glouc. cap. 3. saith In like manner be not the Heirs of the Feme after the death of the Father and Mother barred of Action to demand the Heritage of his Mother whereof no Fine was levied These words no Fine are taken for no lawful Fine that is to say levied both by Father and Mother for else it had been without any operation for a Fine levied by Father only was void before and therefore that the Statute might bring forth some good fruit it is expounded as before is said Likewise if a Statute in common sense of the letter corrrect one person whereas it is intended to chastise another it must be reduced to the true meaning of the Makers As the Statute Depannis against Fore-stallers made 25 E. 3. saith That the Goods and Cattels by Fore-stallers bought shall be forfeited to the King If the Buyer therefore agree with the Seller here the penalty might lie upon the Seller who peradventure never sold to a Fore-staller before and the Fore-staller might go free if the Goods might be taken away as forfeited so soon as the Buyer and Seller were agreed And therefore to satisfie the extent of the Law which is to punish the Fore-staller agreement executed is taken which is agreement and payment and not agreement executory which is before payment CHAP. VI. That some Statutes Penal may be expounded by Equities STatutes Penal may be and commonly have been taken by Equity so far forth as the exposition applieth to favour and benignity or to the propagation of a good Law supplying a former defect in the execution of Justice for the Exposition is not Penal but serveth to the impenalling of rigorous Law in some points according to the Rule Odia restringi convenit In the restraint of rigour there is greater favour than in some Statutes favourable or giving men priviledg or preheminence for these do but increase a man's good Estate those other save the Head preserve Liberty deliver from Pains Corporal and Pecuniary and sometimes also from the note of Ignominy but I cannot say of the contrary part that Laws favourable and indulgent may be straitned Quia favores convenit ampliari And I refuse to follow Cicero saying Melius est innocentem damnari quam nocentem causam non dicere For it is against all Christian Laws humane Infirmity and Corruption and mans often falls considered Moreover Pains and Penalties inflicted for Transgression are chiefly for Example sake Ut paena unius sit metus multorum the harm and damage done being many times irreparable in which case it were great folly to propose for terror any to punishment whom the Beholders should pity for that cause to be afflicted And therefore to shew what Statutes Penal may be extended by Equity I suppose most of those Statutes Penal which are devised to supply a defect in the Common Law or to remedy a great mischief in the Common-weal are extended by Equity unto cases under Majority or parity of Reason with the Statute established as may appear by the Statute of R. 2 against the Warden of the Fleet for suffering any Prisoner there being by Judgment at the suit of any Party to go out of Prison without agreeing with the party which is worthily extended to all Sheriffs and Gaolers or Keepers of Prisons for though this Act be Penal yet there is so great expediency in the enlarging thereof that all men allow it The Statute of Acton Burnell likewise before mentioned against Praysers of Goods that prized them too high is applied to extenders of Lands with divers other of that kind which I omit because it is needless to make doubt of that point Secondly I suppose that those Statutes Penal or Restrictive of the Liberty that the Law otherwise giveth to man as are in the most wise mens judgments either equally or more beneficial than they are penal may be extended by Equities as the Statute of West 2. cap. 1. saith Non habeant illi quibus tenementum sic fuit datum sub conditione potestatem alienandi abridgeth the Donees in tail from doing their pleasure with their Lands but it recompenseth them in the eye of the wise by the reservation and safe keeping thereof to the behoof of their Posterities and because here is equal good to the evil or damage that they seem to sustain this Statute is the rather extended by Equities though there be divers good reasons beside for the same for where there is but mention of the Donees it is extended to all their Heirs infinitely But some may say and that truly though this Statute be restrictive of a mans free disposition of his Lands yet it is not properly called Penal and therefore I go to another point And thirdly It is to be noted that if a Statute Penal give but recompence though the recompence be somewhat liberal it may be extended by Equities and this agreeth with the Civil Law that alloweth a Statute Penal to be extended that is Bonum animae licet damnosum rebus as the Statute of Waste saith if any make waste of that he holdeth Ex dimissione is extended to Land holden Ex legatione The Statute of 7 H. 8. cap. 1. which saith that the Defendant shall recover damages if the Plaintiff be barred in second deliverance is expounded to give the Defendant damage if the Plaintiff be non-suit The Statute of 4 H. 7. cap. 17. saith If Cestuy que use of Lands holden by Knights service die and no Will by him declared that the Lord shall have the Ward for it is counted as no Will to hinder that purpose because such uses were invented to defraud their Lords of their Wards and Wardships come in respect of Knights-Service to be done by persons thereto unable for imbecillity and tender years and are a kind of recompence And to be short there are few Statutes Penal which may not be expounded by Equities that are Beneficial to the Common-wealth or more part of good men and Penal but to a few not worthy to be favoured in such cases if it so please the Judges of the Land to agree Yet always I except those that inflict most grievous Punishments for those are never extended by severity further than their words in some sense may bear Indeed sometimes containing them within the words though in an unusual sense they are largely taken as the Statute that maketh it Treason for the Servant that killeth his Master toucheth him as grievously that killeth his Mistress making that word to serve both Sexes But the words in some sense stand always where the Penalties be very grievous and therefore the Statute of Attaints and the Statute of 32 H. 8. of buying Titles are not expounded by Equities But Fyneux Chief Justice in King Henry the Seventh's time saith That touching Attaints there was yet further reason why they should not