Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	justice_n	lord_n	thomas_n	3,038	5	8.3600	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28196	A treatise of the nobilitie of the realme collected out of the body of the common law, with mention of such statutes as are incident hereunto, upon a debate of the Barony of Aburgavenny : with a table of the heads contained in this treatise.; Magazine of honour	Bird, William, 17th cent.	1642 (1642)	Wing B2956; ESTC R18509	58,218	162

upon paine of forfeiture of all their goods except Lo. and other great men and true and notable Merchants and the Kings souldiers and all others shall forfeit c. But because the Statute is abrogated by 4. Iacobi c. 2. I do not set this down for one of the priviledges at this day But Philip Earle of Arundell Son of Thomas Duke of Norfolke Cromptons Iurisd 31. was taken upon the Sea passing into France about 30. Eliz. and was fined in the Starre chamber because he tooke not sh●pping at one of the Ports mentioned in that Statute In the Priviledge before mentioned of his Clergie it shall be allowed him for breaking a house by day or night for robbing upon the high-way and in all other cases excepted in the Stat. of 1. E. 6.12 saving in wilfull murder and poysoning But in all other cases wherein Clergie is taken away he is in the same degree with a common person but the Court will not give him the benefit of this Statute if he requireth not the same If a Lord doth confesse his offence upon arraignment or abjure or is outlawed for felony in these cases it seemeth he may have the benefit of this Statute viz. his Clergie for that by the Statute of 18. Eliz. cap. 81. hee nor any other need to make purgation Stat. 18. Eliz. cap. 18. but shall bee forthwith delivered out of prison by the Justice Sed quaere Bolton 202. by the Imperiall constitution Nobiles non torquentur in casibus in quibus plebei torquentur nec suspenduntur sed decapitantur Which forme by favour of the Prince is allowed in England Iurisd Br. 48. Yet Thomas Fines Lord Dacres of the South in the 37. H. 8. and the Lord Sturton 4. Mar. were hanged By the Staute of 1. Eliz. cap. 1. for uniformitie of Common prayer 1. Eliz cap. 1. there is a proviso that the Baron shall bee tried per Pares and not by any Ecclesiasticall Courts read the Statute at large At the Common law it was lawfull for any to retaine as many Chaplains as he would but by the Statute of 21. H. 8 13. a restraint was made viz. to every Archbishop and Duke sixe Chaplains with dispensation to keepe two Benefices with Cure to every Marquesse or Earle five with the like priviledge To the Lord Chancellour every Baron and Knight of the Garter three with the same priviledge If a Bishop bee made an Archbishop or a Baron an Earle yet can they have but Chaplains as Archbishop or Earle because though there be divers Dignities yet the service is to be done but to one person so if he be removed from his Office in this case he cannot be Non-resident without he procure a non obstante So if a Baron retaine a Chaplaine and before he is advanced his Lord is attainted Cooke rep 4.117 Actons Case as the Earle of Westmerland was hee cannot accept a second Benefice Those that are first retained shall onely have priviledge in case c. By the Statute of 2. H. 5.8 that gives authoritie to the Sheriffe to raise Posse Comitat. Neverthelesse may he not command the person of a Nobleman to attend that service but if the Sheriff upon a supplicavit against him returne that he is so puissant that he dare not arrest him the Sheriffe shall be grievously amerced for such returne for the Writ is to all Archbishops Bishops Dukes Earles c. and to all liege men of the County to to be ayding to him therefore by intendment none will resist the execution The words of Charta de forest cap. 11. are every Archbishop Bishop Earle or Baron comming to us at our commandment and passing by our forrests may take one beast or two by the view of the forester if he be present or else he shall cause one to blow an horne that he seeme not to steale our Deare In this Stat. though a Duke Marquesse or Viscount being Lord of the Parliament being commanded c. shall have the same priviledge so if the King send for him letters missive Messenger or Sergeant at arms or by writ of Sub-paena to appear in Chanc. they shall have the benefit of this Statute because they came at the Kings commandement so in case of Scire facias out of the Chancery or D. R. But if such Processe goe out of the C. B. to appeare before the Iustices or the Barons of the Exchequer he shall not have the benefit of the Statute because the Statute is Veniens ad nos and in those Courts they are Quod coram nobis c. So of the Starre-chamber Also Lords that come to visit the new King though not sent for shall have the priviledge and so note this Statute is a Warrant dormant and is to be vnderstood of their returning homeward Manwood cap. 13. Crompton Iuris Nota. D. 167. note the Statute doth give licence to kill or hunt in the Kings Parkes though the Letter bee Transiens per forrestam nostram Note that in certaine Cases the Law doth give priviledge to the sonnes or brethren of Noblemen though they bee not of that degree Stat. 21. H. 8.13 c. 7. E. 6. cap. 5. Certaine Cases wherein he hath no Priviledges IF the King commit a Baron to prison Durante bene placito he cannot be discharged by Bayle or mainprise or by the common Writ De homine replegiando And by the same power it is if a noble person bee committed by the Kings Councell for they are incorporated to his Highnesse and doe command as with the Kings mouth and the same law is if a Nobleman be committed to prison by the absolute Commandment of the Kings Judges sitting in their place of Judicature Stam. lib 2. cap 18. fol. 72. Stamf. lib. 2. cap. 18. fol. 72. as you have before when the Prince himselfe by the chiefe Justice sitting in the Kings Bench and was not bay leable Also a Capias and an Exigent may be awarded upon an Indictment of a felony This Statute of Praemunire cap. 1.16 R 2. cap. 1. upon which Statute an Abbot which was Lord of the Parliament being impleaded did pray priviledge to appeare by attorney Et per Curiam could not for a Cessavit lyeth against him Upon contempt of Peeres a Capias may bee awarded 1. H. 5. ult 27. H. 8.22 If he depart the Realme as Embassadour c. and returne not at the Kings commandement the King may seize his lands and goods Dyer 108.176 The Dutches of Suffolkes case if he imprison any man in his house whereupon there is a writ De homine replegiando if he convey him from the Sheriffe the Court will award a Withernam to arrest 11. H. 4.15 and imprison him till he deliver the prisoner All Lords are compellable to take the oath mentioned in the Statute 3. Iacobi and see the Statute of 7. Iacobi 3. Iac. ca. 4. 7 Ia. cap. 6. who hav eauthoritie to administer it unto them

erit consuetudo regionis observanda ubi haereditas est quae petitur personae nascuntur quae petunt Et unde si dicatur quod in regno Angl. aliquando facta fuit partitio hoc fuit injustum Vermon liver d'antiquities à placitio 290 ad placiumt 301. It is therefore evident that Baronies c. doe by the lawes of the Realme descend unto the eldest Copercener and Judgement given once to the contrary Thereof Bracton doth rightly accompt to be unjust his reason is notable For in as much as the Honour and Chivalty of the Realme doth chiefly consist in the Nobilitie reason will not that such dignities should be divided among Coperceners whereby through multitude the reputation of honour in such succession Pet. Greg. de repub lib. 7. cap. 5. and so divided might bee impaired as the strength of the Realme being drawne into many hands with decrease of livelihood by such partition should be infeebled In which resolution Britton the Baroned Bishop of Hereford Britton 187. de herit devis who compiled this Booke in the name and by the commandment of Ed. 1. accordeth who delivered this as a speciall Caveat En tous cases sont les droits des espees that which Braecton calleth Ius gladij gardes de sole misse dismembres he calleth it Ius gladij because Dukes Earles be at the time of their creation Cinguntur gladijs gladius autem significat defensione reginae patriae But howsoever that judgement was given or whensoever it was neverthelesse very evident that it was soone redressed for if it were given upon the death of Ranulph the last of the name E. of Chester who died about 17. H. 3. the Writers about that time doe testifie that the Earledome of Chester came wholly to Iohn Scot the sonne of David Earle of Huntington and Anguish and of Maude the eldest Sister of the said Ranulph If it were given upon the death of the said Iohn Scot who died without issue about 24. H. 3. for in the reports of the Law the difference of a yeare is no great matter yet notwithstanding the said Judgement stood not in force Math. Paris Monast Sancti Albani Chron. 36. for that the said King assumed the said Earledome into his owne hands upon other satisfaction made to the Sisters Coparceners of the said Iohn Scot ne tanta haered tas inter Colos deduceretur M. 6. H. 8. That the descent of Dignities and Offices of Honour are determinable by the Common law is made manifest by the great cause concerning the office of the Lo. high Constable of England challenged tempore H. 8. by the Duke of Buckingham and determined by the resolution of the Judges as by a note of that Case extant Dyer 285. whereof my Lord Dyer in his Reports hath a memoriall is most evident where the Case ws that Humph de Bohun Earle of Hertford and Essex held the Manor of Hatfield Newnham and Whiting hurst in com' Glouc ' du roy pur service de eant hault Constable d' Anglque mor ' tyent issue 2 files que font particion de mesme les Maners part le office eant servic ' pur reason de tenureque descent ' al ambu files dēe exercise pur lour sufficient deputie dum sole ' vixerint mez aprez lour mariage fuit dēe exercise solement pur le Baron el'eigne Mes quia Hen. de Bullingb Ca'ps H. 4. que ad espouse le puisne a que le man ' de Whittenhurst de eant part ' de terr' iss ' ten ' fuit allot ' pur sa pur port Another Querie was moved whether by the unitie of parcell of the tenancy in the King the said Office were not determined or whether this were in the other Sister which the Justices resolved that the Office had its continuance in the eldest Sister and her heires of whom the said Duke was discended but because the exercise of the said Office was a service in respect of tenure the said Judges further resolved that the King might refuse to have the said office exercised as any Lord may refuse the homage of his Tenant All which resolutions the two chiefe Justices did signifie unto the King according to the names of themselves and the rest Object 2 Second Objection that by the law of Chivalry if the Widow of a Duke Earle Baron c. doe marry with a Knight Esquire or Gentleman then neverthelesse shee retaineth her name of honour whereas the Common Law doth otherwise determine thereof and therefore they conclude that the common Law doth not determine this kind of controversie concerning the title names and dignities Noble There must be made a dis-Junction betweene the strictnesse of Law Resolu and courtesie of Ladyes at the Court 14 H. 6.2 8. a. for it is a rule in Law as it is the same law of Chivalry and in that point so is and should be knowne among the Heraulds for asmuch as a report of law in that case doth acknowledge it to be taken out of the bookes of Heraulds 5. Mar. bre Br. 546. nosme 69. Fortescue 100. that Quando mulier nobilis nupserit igncb c. Of the which Fortescue sometime chiefe Justice of England yeeldeth a notable reason Cod lib. 10. de incolis leg sinal Mulieres honore maritorum c. sin autem minoris ordinis verum For if shee be honoured with any title in respect of her Husband it is reason that after his death she marrying with an inferiour sub cujus potestate vivet that she should bee of like qualitie and reputation as is her said Husband For as she was inabled by the one so must she be content to leave that Nobilitie by strict course of law for liue of the other so that in this point the law is one way and the honour and courtesie of Ladyes another And as the Civilian saith in the like case 6. E. 3.7 E 6.79 3 Eliz 23.69 Aliud est jus aliud Privilegium Neverthelesse the books of our law do make mention of that Courtesie and allow of it as a Courterie though not as the Law With these doe agree the law of Nation with which concordeth also the Civill law Foeminae nuptae clarissimis personis clariss personarum appellatione continuentur But of the other side clariss ●oeminarum nomine senator Filiae nisi quae viros claeriss sortitae sunt non habentur Foeminis enim dignitat clariss mariti tribuunt Parentes verò donec plebeis nuptijs fuerint copulaetae Cod de dignit leg 12. tamdiu igitur clariss foemina erat quaemdiu Senatori nupt est vos clariss aut separat ab eo alij inferioris dign non nupserit Neverthelesse Iacob Rebuff ind●ct leg 1. lib. 12. Cod de dignitat in Kingdomes this holdeth not place in the blood Royall for Si filia Regis nubat alicui Duci vel Comiti dicitur tamen semper Regalis