Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	aaron_n	appoint_v	speak_v	121	3	4.1398	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01292	A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1	Fulbeck, William, 1560-1603?	1601 (1601)	STC 11415; ESTC S102689	180,892	262

betwixt cleane and vncleane and they shall iudge my lawes and my precepts i Ezech. c. 44 And in another place Aaron and the priestes shall iudge betwixt leprosie and leprosie k Leuit. 13 Iosaphat the King of Iuda when he did appoint Iudges in all the Cities of Iuda he did appoint also in Ierusalem Leuites and Priests that they might adiudge iustice and the cause of the Lord vnto the inhabitantes and he appointed them to iudge of euery cause of their brethren which was betwixt kinred kinred whensoeuer question should be of lawe of commaundement of ceremonies of iustifications and he appointed Amasias the high Priest in these things which belong to God l Paralipom 2. c. 19. afterward the high Priest Iesus Christ did giue diuine laws rules vnto his people m Epistol ad Hebr. c. 3. 4. 5. 8. 9. after him his Apostels n Actor 15. 2 ad Theslalo 2. then Bishops and Prelates in their dioses o De potest summ pontif in Canon cuncta per mundum 9. quaesti 3. their power their Cannons their lawes were approued by diuerse Emperours and Kings Philip Valentinian Marcus Iustinian Constantine the great Honorius and Theodosius p L. cum l. 4. de sacros eccles lib. 1. C. tit 5. priuileg quae general l. 12. eod tit §. 1. in ecclesiast tit in authent collat 9. tit 6. Rusin lib. 10. hist eccles c. 1. and many others And by King Henry the eight of famous memory late King of England in his Parliament helde the 25. yeere of his most prosperous raigne and reuiued in the first yeere of our renowmed Queene and Soueraigne Lady Elizabeth q 25. H. 8. c. 19. 1. Elizab. c. 1. As to the originall of the Ciuill law I doe not thinke that that which may properly be called Ciuill lawe and was so called at the first is any other then ius Romanum or ius antiquum Romanorum or that which hath beene commented thereupon or added thereunto It is manifest that Romulus did establish lawes r Dionys Halicarn li. 3. and so did the other kings that followed him and that the law was brought into a conueniēt forme in these times it is very apparāt by this that M. Tullius being one of the dunmuirs was thrust into a sacke and by Tarquin his cōmandement was cast into the sea because corrupted by lucre and rewarde he did suffer the booke contayning the secrets of the sacred lawes of their Citie to be copied and written out by Petronius a Sabine ſ Valer. Maxim lib. 1. c. 1. and P. Papyrius is said to haue brought al the regal laws into one volume t Valer. Maxim lib. 2. in princip E● §. iur ciuil de ●eter iur enudeat and for the perfitting of the other lawes the lawes of the 12. tables were giuen forth by the decem-uiri u L. 1. § exactis de origin iur Diodor. Sicul 12. Dio●s Halicarnas lib. 2. 10. which excellent lawes if they were well and at large explained would giue such light intelligence to the makers of lawes that nothing in my simple coniecture more cōmodious could euer happē to any cōmon-weale these together with other constitutions made vpō principal occasion were obserued retained as the leuil of the Romane gouernmēt whereas in the times of ciuil dissention they were repealed or discontinued Augustus Caesar that admirable and worthy Emperour did reuiue the good laws reformed the badde by the perfection of that Common-weale brought about by him the cicle of the whole world as resting vpon that center became presently and vniuersally peaceable quiet a Veller Pater c. lib. 2 histor but the Emperours succeeding him hauing more care to be great then to be good made smal reckoning of these laws but by volūtary conceit cōmanding forbidding they rather raged thē raigned the decrees of some of thē namely Tiberius Caligula Cōmodus are wittily tearmed of the lerned ciuiliā furores nō iudicia b Alber. Gentil lib. lecti Et Epi. 3. c. 18. but these laws in the times of Archadius Theodosius Iustiniā recouered their strēgth shining to al the Cōmon weals of Europe as the Sun to al the climats of the earth haue for their worthines necessary vse emploimēt receiued intertainmēt countenāce great reward of Emperors Kings and Princes The law of this Realme hath as the Realme it selfe suffered chaunge by conquest yet as farre as I can perceiue by record of auncient times rather reason then soueraignety and consent rather then commaund was the principall agent in the alteration our greatest lawmakers in former times were Ina Alured Guthran Edwarde Ethelstane Edmund Edgar Ethelred Canutus after their Raignes ended and their lawes established K. Edward the Confessor after his inauguration in the throne of England finding in the garden of the Common-weale some lawes like to weeds others like to flowers as a diligent bee he extracted a good iuice out of the better laws and the worser by him neglected by disusing withered King William the Conqueror hauing wholly subdued this Realme perceiuing that his subiects did with great applause sauor the lawes of King Edward yer seeing in them somewhat which himselfe and others in politike consideration disliked imitating the frugall huswife who knoweth that the best hony cannot be good vntill it be clarified and refined singled out twelue persons out of euery shire imitating perhaps the Romanes who appointed decemuirs for the making of their lawes Men of approued skil and fidelity who might by exploratiō seuer the drosse from the the gold and the erronious lawes from the conuenient and commodious c Lambard lib. archaeon adding therunto some customes of Normandie d Lib. des customes de Norman whereof many for the resonablenes of them haue to this day continued This lawe hath had daily increase many of the olde lawes standing vnaltered some of them by reason of some sinister effect or sequele happening by them iustly chaunged and others by reason of newe accidents adioyned vnto them It hath florished long in this good estate and of the continuance and prosperitie of it three reasons in my shallow conceit may be rendred First because it so agreeth with the law religion and discipline of the holy Catholike and true Church of Christ that there is nothing in it which to the lawe of God is crosse or opposite Secondly because other nations with whom we haue commerce entercourse doe not find their commodities or liberties to be impeached by this lawe Thirdly because they are rather popular then peremptorie rather accepted then exacted and rather embraced then perswaded And with this I conclude leauing these lawes to your further and more considerate commendation Thine in all duetifull respect William Fulbecke The Table of the seuerall Titles of the fifteene Dialogues ensuing 1 Of Contractes Fol. 1. a. 2 Of Gifts and Graunts 7. b. 3

the Law of God which recompenseth these bondmen with freedom whom the Master hath by some blowes maymed o Exo. 21. ver 26. 27. which lawe Constant the Emperor did put in practise p l. 1. de Emēd seruor C. but all the lands goods purchased possessed by the villaine the law frankly giueth to the Lord if he wil seise claime thē q Litt ' lib. 2. c. 11. sect ' 8. 10. wretched I cōfesse is the estate of such men but yet paciently to be tollerated because quā potestatē alijs deferre voluimus ferre debemus and they whose auncestors or thēselues haue acknowledged thēselues to be villains must now duetifully beare the yoake though Cui plus licet quàm parest plus vult quàm licet r Gellius lib. 17. c. 14. and let the Lords of such villaines harken to that which is spoken of an heathen man diuinely Boni moderatoris est restringere potestatem ſ Ammian lib. 29. but to leaue these particulers to proceed more generally as one man may hold lands of another by euery of these 4 The tenure wherby a man holdeth of an honor or Manor is discribed and by examples illustrated abouesaid seruices as of his person so likewise he may hold of him as of his Honor or Manor for if a man hold of the king as of any Honor which is come to his highnes by discēt from any of his aūcestours he shall not holde in Capite for by the words in the first Chapter of Prerogatiua regis it is euident that if it shal be said a tenure in Capite it must be holden of the Crowne of a long time the words be ab antiquo de Corona and that cannot be when it is but newly comen to the Crowne and the statute of Magna Charta cap. 31. did as Master Stamford saith helpe this matter by expresse words if such an Honor came to the Crowne by way of escheate but not if it came by way of discent or any other way and that statute doth set 5 Certain honors which be not of the auncientnes of the Crowne forth certaine honours by name which be not of the auncientnes of the Crowne that is to say the honor of Wallingford Notinghā Bullingbrook and Lancaster therefore he that holdeth of the King as of these Honors holdeth not of the king in chiefe t Stamfords Praerog c. 7. but other honors there be which of so long time haue been annexed to the Crowne that to hold of thē is to hold in chiefe for wheras one held of the king as of a certaine honor to 6 Some honors which are annexed to the C●owne yeeld a certaine rent to the keeping of the Castell of Douer this hath beene taken to be a tenure in chiefe and so it hath been thought if one held of his highnes as of the Honour of the Abbe of Marle u Fitz. nat bre 256. and Anno vndecimo of king Henry the seuenth the honor of Ralegh was annexed to the Crowne therefore if any man hold as of that honor it is a tenure in capite x 34. H. 8. ●r Cas 230. and therefore there is a good rule in the Register of Writtes that a man shall not make a fine for alienation of lands helde of the King as of his honor but for lande helde in Capite onely for there be certaine honors which be held in Capite there is a certain writ that the Eschetor shal not greeue any mā for alienation of land held as of an Honor for that is as of an honor and not as of the kings person no Fine shall be paied for the alienation of such lande a Regist ' 184. Br. Alienac ' 33. And whereas it was found by Office that lande was helde of the Queene as of her principalitie of Wales by the seruice of goinge with the Prince in Warre at the charge of the Prince per Curiā b 18. Eliz. Dy. per Curiam This is no Tenure in capite and Master Finchden putteth this diuersity that where an Honour is seised into the Kings handes if a Manor held of the Honor do escheat to the king by a common Escheate if the King alien the Manor to holde of him the tenant shall hold by the same seruices as hee helde by before of the Honour for the Honour seemeth to bee vice domini in this case and as a meane Lord but if it come to the King by forfaiture of warre or by some other treasō or by some other cause which toucheth the Kings person and the King seiseth and enfeoffeth an other the feoffee shall holde of the King as of his Crowne c 47. E. 3. 21. per Finchden and though the Statute of Magna Charta Cap. 31. before recited doe say Si quis tenuerit de nobis de aliqua escaeta vt de honore Wallingforde Bolen c. non faciet aliud seruitium quam fecit praeante yet this is to be intended of a common Escheate and not otherwise d 19. H. 8. 〈◊〉 Ca. 114. So a man may holde of the King as of his Manour and yet not holde in Capite for it was found by office that one helde land of the King as of his Manor of Plimpton and other landes as of his Manour of Darington which came to the king by the attainder of treason of the Marquesse of Exetor this hath beene thought to be no Tenure in capite for tenures in chiefe did begin in auncient time vpon the graunts of Kings to defende them against rebelles and enemies and at this day the Queene may create a tenure in Capite if shee giue lande to holde of her person otherwise it is if it be giuen to hold of an Honor Manour c. for a Tenure in chiefe must be immediatly of the King and is created by the King onely for a tenure created by a subiect cannot be a tenure in chiefe nor haue any prerogatiue annexed vnto it and if the tenants of an Honour should holde of the King in Capite the Honour when it came to the King should bee destroyed which may not be and there is no reason that the tenant in whom there is no default should be preiudiced in his tenancie by the offence of the Lorde e 30. H. 8. 44. Dyer and if the Q. purchase a Manour of which I. S. holdeth by knights seruice the tenant shall holde as he helde before and he needeth not to tender his liuerie nor primer seisin for he doth not hold in Capite but as of a Manour and if his heire be in ward by reason thereof he may haue an Ouster le maine at his ful age and if the Queene graunt the Manour afterward to W. N. in fee excepting the seruices of I. S. now I. S. holdeth of the Queene as of her highnesse person yet hee shall not holde in Capite but by such seruices as he

case of felonie for in case of treason the King shall bee presently after the attainder in actuall possession without office founde by the statute of 33. H. 8. cap. 20. and if a man bee executed for felonie or die after Iudgement before he be put in execution yet the writ shall say pro quo suspensus fuit and if he be put to death by some other punishement then hanging though the writte say pro quo suspensus fuit that is not materiall k Fitz. nat bre 144. H. and if the father purchase lande and his eldest sonne is attainted of felonie and dieth hauing issue a sonne and the father dieth the next in degree of discent and worthines of bloud vnto the sonne attainted shall not haue the lande but it shall escheate to the immediate Lord of whom the Land is held for the bloud is corrupted otherwise it had b in if he had died in the life of his father hauing no issue l 32. H. 8. 48. Dyer Nomom Though I must needes confesse that it is verie good reason that the sonnes of thē which are dissoyall subiectes and traitors to their Prince shoulde be barred from the enheritance of their auncestours that their fathers infamy should alwaies accompanie them and that they shoulde liue in perpetuall memorie indignitie and disgrace that their life should be a punishment vnto them and their fathers fault a continual corrisiue for that is done because their fathers vices are feared in them it may be wel thought that being bredde and brought vp of naughtie parents they will be prone to doe the like and punishment in that case is vsed in the nature of a medicine and not in fourme of a penaltie and as it hath the effect of a punishment euerie one is punished for his owne fault onely but as it hath the effect of a medicine so one man is punished for an others fault that by suffering shame hee may be deterred from crime yet here it may be said what place is there left for innocencie if the most guiltles may be punished for the misdemeanor of the most guiltie for as it is not the fault of the corne that it groweth in a badde soile so it is not the fault of the sonnes that they are begotten of lewde fathers therfore it may seeme meet and expedient that there should be ibi paena vbi culpa and that offences should rest vpon the authors and that the falle shoulde goe no further then the fault and there is a Law in Deutronom Non interficiantur patres pro filijs nec filij pro patribus sed quisque pro peccato suo interficiatur m Deut. c. 24. and in an other place vnusquisque in iniquitate sua morietur quicunque comederit vuam acerbam illius dentes obstupescent n Ierem. 31. and againe anima que peccauit ipsa morietur filius non portauit iniquitatē patris nn Ezechi 18. Codicgn But Saule did not obserue that rule in Deutronom when he did put to the sword the citizens of Nobe where he did slay men women children oxe asse and sheepe ore gladij o 1. Reg. 22. Canonol But Dauid did keepe it who woulde 4 The aforesaid determinations conclusions of ciuil and common law touching the forfaiture of the offendor are examined by the Law of God not haue had reuenge taken vpon Isboseth the son of Saul p 2. Reg. 4. and caused them to bee slaine who wrought his death Codicgn Yet God did otherwise who in the diluge did destroy the parentes with their children who spared neither sexe nor age in Sodom who destroied together all the whole nation of the Amalekites who would needs haue Achan destroied with the children who did roote out al the inhabitants of Ierusalem Cononol We must otherwise conceiue of God his iudgements then of mens proceedinges hee hath said viae meae non sunt viae vestrae all perfection goodnes and iustice beginneth at him who doth not any thing because it is iust but it is therefore iust because hee doth it or woulde haue it done and if Achan had bin arrained before an Ordinary tribunall he onely had perished and not his children but God his iudgement is extraordinarie and his will is therefore a Lawe because he is God he is not bound to render accompt to any neither is he guided by any Lawe but by the Lawe of his owne will and though one man know not what an other doth purpose and imagin yet God knoweth the hart and searcheth the reines and might see somewhat condemnable in Achans children which man could not discouer yet in some cases he doth obserue an ordinarie course of punishment for q Numb 26. Core perished onely but not his sonnes but they were kept safe for the Lords seruice and of their posteritie came Samuel Codicg That which I spake before Canono out of the scripture was but by way of obiection for our law punisheth not the Sons with death but only with losse of inheritance in case of treason r ff C. ad l. Iul. mai Anglonomoph The same Lawe doe we obserue both in felonie and treason together with the forfaiture of the goods Codicgn The losse of inheritance in our Lawe doth comprehend the forfaiture of the goods Nomom Ye haue dwelt a long time in this discourse of tenures and seruices now therefore I would haue ye to speake somwhat of Iointenancie and tenancie in common The fifth Dialogue of Jointenancie and tenancy in comon NOmom Let me aske you this question 1. Diuision Codign when two be iointenants or tenants in common as we tearme them whether by rigor of law the profits ought to go to them all in common or no. Codicgn By common right they ought to haue 1 That Iointenants and tenants in cōmon ought to haue equall profit equall profit whether it be of money marchandise or other matter of negociation for if one shold haue more profit thē an other the gaine should not bee alike the societie or as it pleaseth you to tearme it Iointenancy or tenancy in common should be Leonina that is rather the deuouring of Lyons a ff Pro socio l. si non fuerint §. vlti then the deuiding of men or according to the common prouerbe a man should deuide honie with a Beare yet in this equal diuision which the law requireth recompense must be had of thinges persons and the industrie of the parties b l. omnes l. si socij l. l. si non fuerint ff cod Anglonomoph By our law if two bring a writ of warde of the body of the heire being within age and the one of them is summoned and seuered and the other recouereth he which was seuered may haue a writte of accompt against the other for the profites c 45. E. 3. 10. and a writ of accompt lieth if one iointenant take all the profites d 39.