Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	bench_n	common_a	king_n	3,582	5	3.6483	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14091	The iust and necessary apologie of Henrie Airay the late reuerend prouost of Queenes Colledge in Oxford touching his suite in law for the rectorie of Charleton.	Airay, Henry, 1560?-1616.; Potter, Christopher, 1591-1646.; Wilson, Thomas, 1563-1622. For the farther clearing and inlarging of some passages in the preceeding apologetique, a worthy and judicious friend (for testimonie to the truth, and of his love to the memory of the deceased,) hath beene pleased to annex an attestation.	1621 (1621)	STC 244; ESTC S117983	17,011	66

villages within the parish was offered to be sold to M r Temple then of Water Eaton now S r Thomas Temple who wanting provision of Come to his house as it seemed was willing to haue bought it lying not far from him But vpon inquiry finding the validity of it to bee vnder question refused to deale therewith M r Alcocke finding it not currant in the Countrey after gat money vpon it in London viz of one M r White the sume of 500 pounds vt dicitur and this was as I take it immediatly vpon Shepheard his Death or in his last sicknes After the Death of Shepheard M r Doctor Airay being instituted and inducted into the said Church before any suite by him cōmenced for auoyding the said Lease The said Alcocke exhibited his Bill against Doct. Airay as knowing the time was come for bringing the validity of the saide lease into question according to the intention and purpose of the said Colledge long before published discouered Therefore he now sought reliefe in equity as doubting himselfe his strength in law Doctor Airay on the other side aduised in my presēce both touching the point in lawe and touching equity with two ordinarily comming that Circuit and others men of as great note for learning and Iudgement in the lawe as any of their tyme. Their Iudgement was both that the Lease was voyd in law and that it being of a Benefice with Cure of soules Chauncery nor equity would neuer vphold it Suite was therefore hereupon commenced at the common lawe and vpon reference before it came into the King● Bench S r Thomas Flemming either when he was Lo. chiefe Baron or chiefe Iustice of the Kings Bench and M r Iustice Wal●iester certified vnder their hands the same opinion in Lawe touching the invalidity of the Lease In the Kings Bench M r Iustice Dotheridge who had bin of Alcocks Councell in the Exchequer and there argued for him yet as a Iudge in the Kings Bench gaue his opinion against the lease viz that it was of no validity Adding that it was as like to Merton Colledge case wherein the Lease though not as this of a Benefice was adiudged voyd as one egge to another These things thus being can any blame Do Airay for thinking the Lease not good in law How and where should he attayne to greater knowledge of the law then these Counsellors of great reputation nay then these three Iudges but it will be said and indeed must be by those that will censure him as faulty here about that although the lease were or at least were iustly to be thought voyd in law yet it was against conscience to seeke toavoyd or ouerthrow it Vpon this I must demur For this then wil be the Case A leafe is at this day made by a Parson confirmed by Patron ordinary which yet by the law is not of force nor validity But whether the Successor of this Parson be not tyed by Conscience to admit this to hold as a good lease though in law not good must be the Question A straunge question such as would make paper blush to beare as a question were it capable of blushing For since the voyce of Conscience is lowde and playne against the making of such leases is it possible she should dissemble and whisper in corners for the vpholding and supporting of them Certainly this voyce if any such bee is but of fals● nominata Conscientia as S t Paul speaks of Scientia And to find out whether it so be or not let vs consider of the institution of Benefices the end of the endowment of Churches with Liuings and this is declared by the statute 3. R. 2. Cap. 3. to be That the Benefices thus endowed should be giuen to honest and convenient persons for the seruing and honouring of God diligently the keeping of hospitality the informing and teaching of the people and the doing of other noble things pertayning to the care of soules This is the Iudgement of the wisedome of the Land viz of the King the Lords spirituall and temporall and the Commons And can then Conscience speake beyond law for the Diuersion and alienation of these liuings from those publique and pious vses yea from their originall Institution to supply a priuate Kitchin Let vs in this also heate the voyce and Iudgement of the whole Realme and turpis est pars quae cum suo toto non conuenit In the raigne of K. H. the 8. A o 32. Cap 28. A lawe was made to make good and firme all Leases for reasonable Terme viz not aboue xxj yeares or three liues of lands vsually letten made by any seised in their owne rights though in Tayle or in the right of their wiues or of their Churches so as the old accustomed rent were reserued And what then for Leases by Parsons and Vicars who are seised in right of there Churches The whole Realme thought fit these should be excepted and not bee made good though thus for a reasonable terme as by the Statute appeares But it may be said that yet a Parson with Assent or Confirmation of Patron and Ordinary might make a lease for any long terme True by the permission of the Common lawe the whole trust being reposed in these three to preserue the Churches rights and possessions and so also might the whole inheritance be aliened if they three all concurred But this was neuer approved by Parliament but contrariwise as knowledge and piety more increased so was it more restrayned and suppressed Therefore A o 13 Elizab. which was shortly after the Date of Scots lease were two Actes made the one against long Leases by Colledges and all having spirituall liuings branding them with this note first that they were vnreasonable 2. that they were the Cause of Dilapidations 3. That they were the Decay of spirituall liuings and Hospitals 4. That they were the vtter impouerishing of all Successors Incumbents of the same And therefore it was enacted Cap. 10. That no lease of such or like liuings other then for xxj yeares or three liues howsoeuer or by how many soeuer confirmed should be good or of force And least yet Parsons and Vicars might with Confirmation of Patrons and Ordinaries preiudice the Church so long as 〈…〉 xxj yeares It was enacted Cap. 〈…〉 Lease by such should be good or of force longer then the Lessor should continue resident without absence aboue 80 dayes So as by Death of Lessor if not sooner it must fall to ground no hurt being that each for his owne tyme of life and residence might by lease for the better applying of his study free himselfe from husbandring his Gleeb or collecting his Tithes And this Law in the preface expresseth this Cause of that Provision viz that the Liuings appointed for ecclesiasticall Ministers may not by corrupt and indirect dealings be transferred to other vses So that this making of Leases is termed and iudged a Transferring from the