Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	plea_n	3,508	5	9.7258	5	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11376	Of the antient lavves of great Britaine. George Saltern	Salteren, George.	1605 (1605)	STC 21635; ESTC S116514	35,849	88

Epistle doth require that before I enter into the discourse of our auncient Britaine lawes I speake somewhat concerning the Romane Lawes that it may appeare that neither the reuerend Elutherius was deceiued in judgement nor the Godly Lucius in his choise nor the learned Fortescue in his testimony but that our said auncient Lawes were indeed as well as by the Romanes owne confession in that they did not change them better then their owne I speake as a Christian for asmuch as Brittain receaued the Lawes of Christ before it knew the gouernmeÌ„t of Rome but because I wold be loath to offend I will remit the reader that is desirous to know what may be said of the Authors composers of the first Romane Lawes Aug. de Ciuit Dei L. 3 Wesembech prefat in Isag Riuall in hist Iur. de Iustiniano to St. Augustin and of these now extant to VVesembechius Rivallius Procopius and others And for the principles and groundes I will referre them to consider the particulars of the twelue tables yet in parte remayning and to measure and examine the rules of the Institutes by the wordes of the Authors out of which they seeme to bee taken Aristotle Tully Isidorus c. and both by the Scriptures a woorke worthy the vacation of a learned man But for the Lawes of Brittaine my principall intention before I come to speak of them I will intreate a little leaue to speake somewhat first of lawe in generall and secondly of the auncient inhabitantes of this I le For by knowing what they were wee shall the better knowe their Lawes and manners Cap. 3. THe Lawe by Aristotle is called a couenant of the societie of men Polit. 1. De Leg. By Tully the reason and minde of God discerning just and vniust If we joyne these two and call it the couenant made by God with the societie of men according to his owne reason Ex. 34.27 20. v. 5.6 Deut. 5.2 discerning just vniust it agreeth with the words of Moses and will be as I take it a perfect definition The end as Tully saith is manifest Ad salutem ciuium De Leg. 2. ciuitatumque incoluÌ„nitatem vitamque omnium quietam et beatam Agreeing also with Moses if Salus et Incolumitas et Beatitudo bee taken for all the blessing of this life and the life to come Lawes are called Diuine or Humane The deuine Lawes are those which God immediately made first written in nature secondlye described in the ten commaundements the Scriptures Humane Lawes are Lawes deriued out of the diuine Lawes by applycation of the generall commaundements First to the principal parties viz. to God to the common estate and to priuate men according to the diuision of the twelue Tables Auson secondlye to particular circumstances of Persons thinges actions times places Penalties and such like as the Institutes are deuided Heerehence followeth a conclusion obserued also by Tully that if a Law be made contayning any thing contrary to the Lawe of God it is not to be called a Lawe though all the world in a ioynt ParlameÌ„t confirme it For neither is it deriued out of the general precepts nor partaketh of the common definition seeing it is not a couenant of God but a confederacy against God The property and effect of the Lawe is first to make a distinction of just from vniust Secondlye to commaund and forbid Thirdlye to punnish and rewarde These thinges are performed originallye and gennerally by the Lawe of God and secondarily and particularly by the Lawe of men The quallities of a true Lawe are reckoned vp by Isidorus and others Esse debet Lex Honesta Iusta possibilis Decret Part. 1 Wesemb secundum naturam et consuetudinem Loco et tempori conueniens necessaria vel vtilis manifesta c. A Lawe must bee honest just possible agreeable to nature and custome to time and place necessarie or profitable and manifest of this proceedeth another ground also jus nemini violare vel ignorare Licet Item lex obligat ad scientiam ad obedientiam ad paenam The Lawe bindeth to knowledge obedience punishment no man may breake it no man may be ignorant of it and that which Isidore saith when Lawes are made no Man may judge of them but according to them The exact performance of the Lawe is called Iustice 5 Ethic. the moderation of the Lawe vppon consideration of circumstances is called equitie the contraries to the law are jniurie jniustice jniquity wrong force fraud such like Whatsoeuer is said of the Law of God absolutely may proportionally be applyed to the Lawe of men The end of the Lawe of God is al happines That happines which is the end of Humane Lawes consisteth chieflie in the conseruation of Religion Psal 72.85 Peace and Iustice all which thinges are comprehended by St. Augustin vnder the name of peace which also he maketh the finall end of the Citie of God De Ciuitate Dei li. 19 The matters which the Lawes doe handle are chiefly persons things places times contracts offences and actions In this Iland persons appointed specially for the procuration of Religion are the Archbishops Bishops Ministers for the preseruation of Peace are the Nobilitie Sheriffes and Iustices of peace For the administration of Iustice the Iudges professors and Officers of Lawe And the King hath from God supreame authoritie ouer all according to the sentence Rex est Vicarius Dei Other distinctions there be of Persons but it is not my intention to speake of euery difference but onely so much as may serue to giue light to the Discourse intended Things also haue many diuisions whereof I meane to touch but one which is that some may passe by course of inheritance as Landes and tenements some cannot as Chattelles Of places some haue sacred priuiledge as Temples representing God by his woord The Kinges presence and Iudiciall Courtes representing God in power and Iustice others are ordinarie and common and of them some are publique as Markettes Wayes Some priuate as Houses Shoppes c. Times are likewise diuided into sacred and common the Day the night and such like diuisions Contracts haue manifold Distinctions which see in Bracton Bracto L. 3 Crimes are either against Religion Peace or Iustice and againe are considered as publike offences so Rex pro pace sequi debet Bracton in which all the Pleas of the Crowne are contayned or as some particular person is interessed who is to sue accordingly Againe they may be pursued ciuilly or criminally Lastly actions are distinguished for the moste parte according to the things which they demaund or the persons plaintifes or defendants or the Courts wherin or the times wheÌ„ c. In actions are these principall partes SuÌ„mons or Citations triall Iudgement and execution These points as fitter to be sought in other places as to learned men and as my selfe not halfe learned I doe briefely passe

Sir Iohn Fortescue the learned Sir Iohn Fortescue hath fully prooued and whosoeuer shall consider of it indifferently shall finde that it is the moste righteous and Godly course that euer was found out and therefore moste likely to proceede from the piety of that holy King Also in that purest age of Christianity Gra. Dist 11. et Dist 20. it was held for a ground that first the Scriptures ought to be searched whether any rule might bee found for the action intended or not if not then Mos populi dei et Sanctorum exempla the manner of Gods people and the examples of holy men were to be followed And if holy men ought to be imitated then who if not our moste holy Sauiour as the Apostle saith Ephes 5 1. Cor. 11. Be followers of God as deere Children and be followers of mee as I am of Christ Quo est detestabilior istorum immanitas So much the more is their crueltie to be abhorred which labour to hide not onely the words but also the exaÌ„ples of Christ away from vs. Therefore I say Lucius did institute the trial of al matters in fact Act. 1 22. et 10 41. Iohn 15.27 to be by twelue witnesses as our Sauiour Christ ordayned chose twelue to beare witnesse of his resurrection neither doe I finde any other law president or exaÌ„ple from whence this manner of Trialls should be taken But I finde that the reuereÌ„d Elutherius from whom Lucius had much of his light vsed the same rule practise for that good Bishop Iuxta ordinationem Apostolorum according to the Apostles ordinance Fascic TeÌ„p did decree that no meates vsuall for mankinde should be refused of Christians And Exemplo Christi by the example of Christ ordained that none should be regraded before he were condemned Thus they tooke a rule or president for euerie thing out of the Scripture And the authoritie of Moses to the contrarie is not to be obiected for although he saieth that at the mouth of two or three an offender shall die yet he addeth not the negatiue that more should not be vsed Therefore the Apostolicall Canons before cited and the example of our Sauiour in the affirmatiue was a better warrant And it is most apparant that iuries were vsed among the Chsistian Britaines and before the Saxon times for proofe whereof although in mine opinion the testimony of the profoundly learned Sir Iohn Fortescue should bee sufficient saying expressely that these lawes were vsed in the time of the Britaines Sir Iohn Fortescue yet for the further satisfaction of those that leane to much to the opinion of Polidor and other Italians I will adde more reasons authorities to the same point First the most learned Antiquary of our Nation Mr. Camden Camden Britannae sheweth plainely that it was not inuented by the Conqueror as Polidor saith but it was in vse in the daies of King Etheldred the Saxon Secondly the most excellent professor of our Lawes Praef in L. 3. Sir Edward Cooke before cited prooueth by substantiall records that this triall was before the Conquest So there are three witnesses euerie one of exceeding great learning against one Maister Polidor Tantae molis erat Romanam excindere gentem Such a labour it is to ouerthrowe these Italian opinions of which our nation is too fondly credulous But let vs goe forward although my simple discourse can adde no weight vnto their most graue iudgements especially the last cited which is grounded vpon records yet vnder fauour I will adioyne some other testimonies and proofes In the time of King Edward the third when by all mens consent our Iudges were most exactly learned as in deede it was a time excelling not onely in Martiall glorie but in learning and wisdome I finde Mr. Belknap a reuerend Iudge concurring in opinon with these before named 41. E. 3.31 The Law saith hee was founded in this that euery Inquest shold be taken Per duodecim liberos et legales homines et non per pauciores If it were a foundation of the common law then without question it was one of the first Lawes and we must needes confesse that no Law can be without tryalls and it cannot be proued that euer any other triall was vsed besides this in pleas of land or inherirance in this kingdome But to make it yet more plaine the City of LoÌ„don is and was in the times of the Britaines by the confession of many learned writers namely Caesar Tacitus Ptolomy Ammianus Marcellinus Gildas Galfridus c. a moste auncient City a place of gouernmeÌ„t ruled by a gouernor the sea of a Flamine or Bishop not a fastenes of the woodes as some haue imagined vpon the generall and vncertaine words of authors which neuer saw it but frequented and cclebrated with concourse of Merchants pleÌ„ty of commerce as Tacitus affirmeth Now I pray you beholde with the eyes of your minde the forme of such a Citie and tell mee how you can imagine it to stand without a Court of Iustice the bond of commerce for the deciding of controuersies or how you can imagine that such a Court should be without a due forme of Trialls But least I may seeme to deale by immagination for the first point that it had a Court Calf Mon. Pontic vir Galfridus Monemuthensis and Ponticus virunnius out of the auncient British Historie doe testifie in playne words that in the daies of Iulius Caesar Irelgas Nephew of Cassibellan being slaine by Cuelinus Nephew to Androgeus Gouernor or Lieftenant of London a commaundement was giuen to Androgeus to bring Cuelinus to the K. Court there to receiue Iustice his answere was Sese suam habere curiam et in illa definiri debere quicquid alquis in homines suos clamaret si ergo rectitudinem de Cuelino decreuisset appetere ipsam in vrbe Trinobantum ex veterum traditione fieri praeciperet He alledgeth that hee hath his Court wherin ought to be determined whatsoeuer any man laide to the charge of his men that right ought to be done vnto them in the Citie of London according to the auncieÌ„t custome For the second point if Mr. Polidor will not giue vs leaue to thinke that London had this iurisdiction in Caesars time yet without his leaue I wil proue by many infallible records that the same City of LondoÌ„ had this iurisdiction and namely this tryal by twelue in the time of the Britaines thus This City of London hath and had alwaies from time out of minde their Hustings the writ of right in London tryable by twelue the Assise of Freshforce tryable by twelue and the tryall of pleas of the Crowne by twelue it must needes be that these Liberties were begun eyther by Parlament or prescription eyther in the time of the NormaÌ„s of the Saxons or of the Britaines But in 14. E. 2. when they must needes haue knowne if there had bin any Patent or

Selected quad for the lemma: justice_n

Text snippets containing the quad