Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n chief_a plea_n sir_n 3,989 5 6.2455 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A01287 A direction or preparatiue to the study of the lawe wherein is shewed, what things ought to be obserued and vsed of them that are addicted to the study of the law, and what on the contrary part ought to be eschued and auoyded. Fulbecke, William, 1560-1603?. 1600 (1600) STC 11410; ESTC S102759 95,054 195

There are 2 snippets containing the selected quad. | View lemmatised text

testament a man ob impedimenti necessitatem is inforced to write but now the vse of codicills or testaments are without any necessitie confounded which is contrary to lawe for a ●odicill ought to serue necessitie not a rash onset Cognatio kindred it is deuided into three parts 1. into parents 2. into childrē 3. into cosins Parents are they of whom we are begotten as father mother grandfather grandmother and these which are in degree aboue them Children are they which are begotten of our bodies as sonne daughter grandchild and such as he vnderneath them Et nati natorum et qui nascentur ab illis Cosins are they which haue neither begotten vs nor bin begotten of vs but haue a common roote and originall with vs as brother sister vncle aunt and such as do discend from them Colludere is in fraudem tertij conuenire Commenda the custodie of a Church committed and commended to some Commodare is to graunt the vse of some thing for a certain time there is difference betwixt commodare mutuo dare because cōmodare is to lend to haue the same againe as bookes apparel and such like but mutuo dare is to trust hoping to haue the like againe as money corne salt spices and such like Compromissum is the power that is giuen to the arbitrator so called because both the parties doe promise to obey the opinion of the Iudge therfore he is called compromissarius index to whom the matter is referred Communitas a comminalty is societas hominum communi lege viuentium Conditio when a thing dependeth super casum incertum which may tende eyther ad esse or ad non esse Confessio is double either iudicial or extraiudicial iudiciall is that which is done before the Iudge extraiudicial which is done in presence of good and honest men Consentire is to meete in one opinion Constitutiones Iudgements rules and awardes concerning seueral matters whereupon this verse hath bin made Quatuor ex verbis virtutem collige legis Permittit punit imperat atque vetat Controuersum ius is that which is on both sides doubtful certum ius is that which is certainly determined is called positiue Law Copulatiua the coniunction copulatiue is taken after two sorts either in a deuided sense or in a compounded sense in a deuided sense as when I say Sir Robert Booke and Sir Iames Dyer were Lord chiefe Iustices of the Cōmon pleas for they were not chiefe Iustices together but at diuerse times in a compounded sense as when I say two three do make fiue D. Debito is he of whom we may against his wil exact money Decimae are of three sorts praediales personales and mixt praediales are they which arise of farmes or lands as corne hay and the fruits of trees personal which are due by personall labor as by some trade trafick or mistery mixt of which it may be doubted whether they be predial or personal as wool lambe milke c. Defensio is the auoiding of a surmised pretended offence Delegatus a delegate to whom a cause is cōmitted to be determined and ordered De plano vel sine figura iudicij vel summarie Deprehendere is to take a man in ipso facto so that he can neuer flye nor denye the facte Discendere to discende or to spring of ones body hereupon they which are borne of vs are called by the name of discendents which with them that ascend make the right line and the ascendents and discendents cannot marry together wherefore if Adam were now liuing he could not marrie a wife Dicecesis the gouernment of a certaine prouince by the Bishop for as a territorie is so called quatenus iudex ius terrendi habet so a diocese as farre as a Bishop hath ius administrandi sacra Dispensatio a release of common right either ex causa vtilitatis necessitatis or ingentis praerogatiuae meritorum Diuersa such things whose subiect is not alike or whose definition is not alike Dominium is a right to dispose perfitly de re corporali Domus instructa a house furnished if a man deuise such a house the household stuffe passeth but not the wine that is within the house because by common intendement a house is not furnished by wine Dubia causa is that which is but semiplene probata E. Error an opinion whereby that is approoued and allowed to be true which is false and that to be false which is true and error may be two wayes eyther in iure constituto or els in iure quod quis in suo habet negotio the one is an error in lawe the other in facto Euanescit actio the action doth faile or abate euanescit actio by the power of the lawe or of the Iudges remittitur actio by the will of the plaintife Executor an executor which is after three sorts executor testamentarius executor legalis that is to say the ordinarie executor datiuus the administrator Election is the certainetie of our will it may be of persons or of thinges places or times Of things as if a man should pay a summe of money or els a horse or a hawke Or of persons as if he should pay it to I. S. or to I. N. Or of places as if he should pay it at London or at Lincolne Or of the time as the first day of April or the second day of May. F. Falsitas falshood is immutatio veritatis cum doto damno alterius the chaunge of truth with falsehoode to the deceiuing and endamaging of an other man Fama is a common report proceeding from suspition and published by the voices of men and it differeth from rumor because that is a diuerse whispering of men which is not so effectuall as Fame Fama constans is that which is dispersed abroade neither by men vnknowen nor of light credit nec ignotis nec improbis Fide●●●●● is he which bindeth himselfe for another quasi inssu alterius ponens fidem suam Fortuitus casus a meare chaunce which by mans counsaile care and diligence can neyther praeuideri or praecaueri be fore-seene or foreclosed G. Generalis lex a general law which comprehendeth all cases except such as be vnlawfull and vniust For there is nothing more absurde then to draw a iust Lawe to an vniust interpretation Germani fratres are they which are of the same Father Mother Consanguinei which haue the same Father but not the same Mother Vterini which haue the same Mother but not the same Father Gestores negotionū factors or procurators be of three sorts voluntarij which gratis and of their owne accord do regard the busines of their friend Necessarij which by obligation of their office doe follow matters Quasi necessarij which haue some colour to deale in matters Graeca mercari fide i. pecunia numerata with money paied in hand I. Illegitimi bastardes whereof there be three sortes Incestuosi which be begotten of kinsmen and kinswomen within the
A DIRECTION or Preparatiue to the study of the Lawe Wherein is shewed what things ought to be obserued and vsed of them that are addicted to the study of the Law and what on the contrary part ought to be eschued and auoyded AT LONDON Printed by Thomas Wight Anno Domini 1600. ❧ The contents of the seuerall Chapters CHapter 1. Of the worthines and excellencie of the Lawe Chapter 2. Of the good qualities wherewith the student of the Lawe ought to be furnished Chapter 3. Of the choice which the student of the Lawe ought to make in his studie Chapter 4. Certaine rules to be obserued of the student in the reading of his bookes Chapter 5. Of the exercise and conference which the student ought to vse Chapter 6. That the vnderstanding of the student ought to be proportionable to the intendement of the Lawe Chapter 7. That the student ought well to conceiue the reason and iustice of the Lawe in distinguishing and establishing the propertie and communitie of things Chapter 8. That the words or termes vsed in bookes of Lawe ought to be vnderstoode and applied as the Lawe doth expound and conceiue them Whereunto is annexed a table of certaine wordes in the interpretation whereof the Common lawe of this Realme and the Ciuill lawe do seeme to agree Chapter 9. What methode is to bee vsed in handling disposing matters of lawe Lectissimis et generosissimis iuuenibus in hospitijs curialibus connutritijs Juris Anglicani studio operam nauantibus assiduam S. SI Theophrastum vt ipsum nomen indicat oratione diuinum circumscripta quaedam spatia angusti vmbraculorum circuli á frequenti auditorum corona publico iudicum consessu detinuere Si Socrates quem sapientissimum virum Apollo sapientissimus Ethnicorum Daemon iudicauit nihilo plura volumina edidit quàm condidit id est nulla mihi quidem generosissimi iuuenes non solùm in scribendi initijs sed in vmbilico etiam crure valdé metuendum est ne prima medijs media vltimis omnia omnibus non apposite respondeant Quae enim parcè nimìs traduntur desiderium quae prolixè fastidium pariunt et medium quaesitum inuenire difficile inuentum tenere difficillimum Cum hanc arduam sanè prouinciam primò ingressus fueram istud me recreauit sustentauit solatium Qui curas suscipiunt grauiores si mansuetis ingenijs vti volunt iudicibus eorum audere est agere velle est posse velitari est vincere Fateor in aliquibus tenùs vltrà plus vltrà peruentum esse Sed vel metam ipsam attingere imò verò ad eam contendere sudoris est et virtutis Quanquā hoc A Euo in hoc praesertìm Britanniae Elysio nihil in delitijs habetur praeter meras orationis illecebras mira certè quae placeant vermiculata verba nectareas phrases eloquentiam Atticam exposcunt omnia limata arguta sententiosa esse volunt planè Aristippéi sunt singuli prauè sectum stomachantur ob vnguem Quarè seria submissa prece mihi vehementér obsecrandi estis insignissimi iuuenes vt hic potiùs otij mei foetus quám laboris fructus vacatio enim haec proxima quám sub aequinoctium autumnale Londini non admodùm inuitus egi cum ad priuata studia et negotia multum superesset temporis hanc vobis prolem peperit sub candoris vestri radijs calorem et vires recipiat cuius si compos fuerit debebit ille quidem vigorem suum vobis lucis vsuram mihi fortunam mundo Valete Ex hospitio Graiano pridie Nonas Septemb. An. salutis humanae 1599. Vobis addictissimus Guilielmus Fulbeckus Faultes escaped in the printing of the Table of wordes annexed to the eight Chapter may be thus amended Fol. 74. b for Index read Iudex fol. 75. a for Debito read Debitor ibidem for mixt read mixtae fol. 76. a for Doto read Dolo ibidē b for Fidenistor read Fideiussor fol. 77. a for fato read salo fol. 78. b for Maritinum read Maritimum fol. 80. b for contumately read continuately fol. 81. a for vacillaus read vacillans The other faultes escaped in the printing of the other Chapters a curteous eye and vnderstanding may easily reforme OF THE WORthines and excellencie of the Lawe The first Chapter AS nothing more encourageth the soldior to fight and to giue forth apparan● signes of valor then the glorie renowne which is gained by exploits of warre so nothing is a greater spurre to the student of any Arte or Science then the iust reward of fame and commendation which belongeth to those who by labor attaine to perfection in any praiseworthie science For as nature rewardeth the Bee with hony so Art recompenseth the painfull student with riches praise or honor And howbeit some men make small accōpt of praise or good report as being in their owne conceit but an emptie sound yet wise men haue thought written that a good name is better then Gold and that a mans credit is the fairest flower of his garden Now if praise be due to Arts and sciences as being the best treasure endowment of the mind religion only excepted then surely the knowledge of the law may in the first place challenge prerogatiue of dignity by whose righteous doome decree it is prouided ruled ordered that al other sciences should haue their maintenance support in such plentiful condigne maner as by merite or equity doth to them of right aptaine But euery art receiueth his commendation by the end scope which it proposeth to it selfe And the chiefe end or last marke of the law aswel as other sciences is God his glory But the next immediate end which is allotted to it is to administer Iustice to al in that sence it may be called the rule of Iustice For religion Iustice and law do stand together are together trodde vnder foote by such as neither care for God nor goodnes such as are rehearsed by one of notable iudgment A wise man without workes an old man without deuotion a yong man without obediēce a rich man without almes a woman without chastity a gentleman without vertue a contentious christiā a proud begger an vniust king a negligēt Bishop a cōgregation without discipline a natiō without law But Iustice is then rightly administred when it is not sold When there is no respect of persons Whē hatred is away conscience is present When rigor is tēpered with mercy And Iustice must be regarded of the law as the load-star is minded of the Seaman for without it can be no gouernment An other end of the law is the good estate of the people For it is an Aphorisme amongst the lawes of the 12. tables Salus populi suprema lex esto Let the safety of the people be accōpted the chiefe law And the deserueth not the name of a law which hath