Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	act_n	offence_n	punish_v	1,000	5	10.2563	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86112	The grounds of the lawes of England; extracted from the fountaines of all other learning: and digested methodically into cases, for the use and benefit of all practicers, and students. With a commixtion of divers scattered grounds concerning the reasonable construction of the law. / By M.H. of the Middle-Temple.	Hawke, Michael.	1657 (1657)	Wing H1169; Thomason E1569_1; ESTC R209197; ESTC R209200	362,003	535

corrodit vistera textus a viperous exposition which should tear the bowels of the Text ibidem Coke l. 8. f. 1. 7. a. b. The better Expositors of all Letters Patents and Acts of Parliaments are the Letters Patents and Acts of Parliament themselves by construction and conference of all the parts of them together for optima Statuti interpretatrix est omnibus particulis ejusdem inspectis ipsum Statutum Injustum est nisi tota lege inspecta una aliqua particula proposita judicare vel respondere The best expounder of a statute is the statute it self all the parts of the same being looked into and it is an unjust thing One particular being propounded to judge and answer unless the whole Law be looked into ibidem in Dr. Bonhams case Coke l. 10. f. 24. b The better exposition of the Charter of the King is upon consideration of all the Charter to expound the Charter by the Charter it self and the Letters Patents in this case are the bowels of the Text and therefore all the parts of the Letters Patents should be considered and every part of it explained according to the true and genuine sense for verba chartae regi aeque portant suam expositionem For the words of the Kings Charter do equally carry their own exposition ibid. Divinatio non interpretatio est quae omnino recedit a littera Bac Max. f. 16. It is a divination and not an interpretation which leaveth the Letter As if I have a fee-farm Rent of ten shillings issuing out of White-acre and I reciting the same reservation do grant to I. S. the rent of five shillings to be received out of the aforesaid rent and out of all my Lands and Tenements in Dale with clause of distress Though there be an Attornment nothing passeth out of my former rent because for that it is against the words and the copulation of the words shew the taking of them in another sense but if I reciting that I seised of such a rent of ten shillings do grant five shillings to be received of the same rent it is good enough without attornment because percipiendum de to be received of may well be taken for parcella de parcell of without violence of the words but if it had been of the aforesaid rent it had been void vide ibidem But as Ployden saith f. 162. Exception Non est regula quin fallit There is no Rule but faileth and as hath been said the more reasonable and equitable rule is alwaies to be preferred when they encounter and meet in opposition as contrary to this is the rule of the Civilians Leges non verbis sed rebus esse impositas And Coke l. 11. 34. b. Qui haeret in littera haeret in cortice Lawes are not imposed upon words but upon things and he that sticketh in the letter sticketh in the bark or outside of the matter and not attaineth to the inside of the sense As by the statute of 27 E. 3. c. 1. It was provided that he that draweth one to the Court of Rome in a plea which was determined in the court of the King or of other things whereof judgment is given in the Court of the King c. to defeat the judgments given in the Court of the King shall have day containing the space of two moneths c. and if they come not within the meane time in proper person they shall be put out of protection c. and the question was moved in 30. E. 3. 11. If the Defendant appeareth pleadeth and be condemned whether he shall have the Judgement of a Praemunire given by the said Act but since in 39. E. 3. f. 7. Iudgement was given against the Bishop of Chicester who appeared although the letter of the Statute is that if they come not at the same day c. they shall be put out of protection and therefore a multo fortiori when the defendant in such case appeareth pleadeth and shall be found guilty he shall have Iudgement upon the said Statute 44. E. 3. 36. and yet it is out of the words of the Act which speake onely of a default for Qui haeret in littera c. So by the Statute of 25. E 3. the killing of his Master is adjudged Treason yet by construction is it extended to his Mistresse as it is holden in 19. H. 6. 47. And whereas by the Statute of 25. H. 8. house burners were deprived of Clergy and in the Statute of 5. 6. E. 6 there was no mention of that offence in particular but onely that the said Statute should stand in force concerning the tryall of offendors in another County yet by another sentence in the said Act that every clause and sentence in the said Act touching Clergy c. shall from henceforth concerning such offences remaine and be in full strength and virtue it was adjudged that the said clause should extend to all the Act of 25. H. 8. because by that construction such an hainous offence should not passe in effect without capitall impunity and that such Malefactors shall not be encouraged to burne not onely Houses but Villages and Cities And it is frequent in our Books that penall Statutes have been taken by intendement beside the letter to the end that they shall take effect according to the expresse intention of the makers of the Act to remedy the mischeife in advancement of Justice and suppression of hainous crimes Coke ibidem vide ibidem plura And though it is a Maxime that penall Lawes are to be taken it may be conceived of such as concerne inferior and not hainous offences Coke Com. 365. b. A man seised of Lands in fee levied a fine to the use of himselfe for life and after to the use of his wife and of the heire males of her body by him begotten for her Joynture und after he and his wife levied a fine and suffered a common recovery the husband and wife dyed and the issue male entered by force of the Statute of 11. H. 7. And it was holden that the entry of the issue male was lawfull and yet this case was out of the letter of the Statute for shee never levied a fine being sole or with any other after taken husband but is by her selfe with the husband that made the loynture but this case being in the same mischeife is therefore within the remedy of the Statute by the intendement of the makers of the same to avoid the dis-inherison of heires who were provided for by the said Ioynture and especially by the husband himselfe that made the Ioynture which as it was said was a stronger case then any set down in the Statute for Qui haeret in littera vide ibidem plura Coke com 241. a. If there be Lord Mesne and Tenant and the Mesne doth grant to the Tenant to acquit him against the Lord and his heires the Lord dyeth his wife hath the signiory assigned to her for the

Statute allwayes been expounded that they who were ignorant of the first retainer should not run into any penalty of the Statute So whosoever retaineth one is a ward to another not knowing that he is ward also if homage be due and the tenant after maketh a Feoffment and the Lord not knowing of the Feoffment distraineth for the homage his ignorance shall excuse him of his damages in a replevin though he cannot avow for the homage but if he had known the Feoffment he should have yeelded damages ibidem If a resignation be made by an imcumbent to a Bishop the Bishop is bound to give the Patron notice or otherwise he shall not have the advantage of the lapse and if the same Bishop dye his Successor shall be bound in the same manner although the resignation was not made to him for he shall have advantage by reason of the avoidance of the said resignation then he is bound to do that thing his successor should do upon the pain of a Quare Impedit for it is intended that the books of resignation to the successor remain with him Calloway 18 H. 7. f. 49. f. by Frowick If a Patron who is a Lay-man present his Clark to the Ordinary and he is not well lettered it is lawfull for the Ordinary to refuse him and of it to give notice to the Patron for to present another before there shall be a collation by Lapse because the Patron could not have Cognisance whether he be a Clark or no but if a Patron be a spirituall man and present one not well lettered and the Ordinary refuse him he shall not give notice of it to the Patron because it is intended that a Clark may have Conusance of the sufficiency of another before he presentted him to the Bishop ibidem by Frowick So when a man doth an act as to enter into Land seise goods take a distresse or such other he must by the Law see at his perill that it be lawfully done Doctor and Student ibidem As if a Servant cometh with his masters horse to Towne where by custome goods may be attached for debt and upon a Plaint against the servant an officer of the Towne attached the masters horse thinking it to be the Servants that ignorance excuseth not ibidem So if the Sheriff by a replevin deliver other beasts then were distrained though the party that distrained shew him they were the same beasts yet an action of Trespasse lyeth against him for he shall be compelled by Law as all Officers commonly be to execute the Kings Writ at his perill according to the tenor of it and to see that the act that he doth be lawfully done ibidem But some say if upon a Summons in a praecipe quod reddat the Sheriff by information of the Detendant summoneth the tenant in another mans Land thinking it to be the tenants Land there he shall be excused for he doth not seise Land but onely summoneth the tenant on the Land and that upon the information of the Demandant and though he be ignorant that that is the Land yet that sufficeth to the Sheriff as to his entry for the summoning as they say though it be not the tenants Land Ibidem SECT VII From the Politicks THe last Fountaine from whence the law deriveth grounds is the politicall Science which of all therof as Plato is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Ar. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Queen and Regent for shee prescribeth certain Laws by which they may be soundly taught and gloriously published and graciously ministreth to them her protection and shee is the Lady and Mistresse of all humane actions for though other Sciences and especially the Ethicall instructeth men how to live well and happily yet many Egregious Philosophers which professe the protection of that Art and Science are observed to live loosely and vitiously and as Cicero alios esse pecunia Cupidos gloriae non nullos multos libidinum servos some to be coveteous of Gold others ambitious of glory and many to serve their lusts so as if they were not restrained by the Scepter of this Science by which Magistrates and Laws are ordained to curbe those who will not be adduced for the love of virtue to doe that which is right and just and formidine paenae for feare of punishment to fright and force them into 〈◊〉 more vertuous and civill manner of living 〈◊〉 magisterio as Camerarius fully vita communis 〈◊〉 ur constituitur jure legibus ut societates ho● num quae res publicae vocantur in terris conserventu● ●n● by whose magisteriall rule the lives of all men are so ordered and disposed by right and Lawes that the societies of men which are called republicks may be preserved on the earth Without doubt therefore many principall and royall grounds of the Law must spring and grow from this soveraign Science from which the Law receiveth its constitution and confirmation as the grounds ensuing will manifest Salus populi prima lex esta L●x 12. tabularum and Coke l. 11. f. 113. b. Salus populi suprema est lex the health and welfare of the people is the prime and cheifest Law that is the prime and principall scope to which all our actions ought to tend is the publick good of the people and Common-weale and therefore doth our Law favour things for the Common-weale and as Dyer f. 36. Pl 40. In cases which sound for the good of the Common-weale a man may justify the doing of a wrong As in time of War a man may justifie the raising of Bulwarks in another mans soile and so may he justifie the raising of an house that burneth ●●r the safeguard of the houses of the Neighbors So if the Sheriff pursue a Felon to an house and for to have the Felon he breaketh the door of the house he may justifie it because it is for the Common-weale that such Felons should be taken but it is otherwise in particular cases as if the Sheriff break the house to arrest one in the house by vertue of a Capias in debt or trespass he shall be punished for that was a particular case and not for the good of the Common If the Lessor have Villains and one or divers of them commit felony and that the Lessee pursueth them as Felons by which he exileth them of the Mannor he is not punishable in wast but if the Villains slander him for which he doth them exile it is punishable by Knigh●ly Fisher-men may justifie their comming upon land adjoyning to the Sea to dry their Nets though it be anothers ground for fishing is for the Common-weale and sustenance of all the Realm 8 E. 4. 18. b. and upon this reason the Civilians say Si piscator ligat navem ad arborem dominus eam incidere non potest If a Fisher-man tyeth his Ship to a tree the Master of that soil cannot cut the tree And for this reason the King before the Statute