Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	common_a	court_n	law_n	4,730	5	4.8738	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59102	Two treatises written by John Selden ... ; the first, Of the original of ecclesiastical jurisdiction of testaments ; the second, Of the disposition or administration of intestates goods.	Selden, John, 1584-1654.	1683 (1683)	Wing S2442; ESTC R14343	21,396	30

since with the Marginal Note of ex Concilio Moguntino What other Texts are touching the power of the Canons over performance of Testaments have reference to that course ordained by the Civil Law where any thing was given in pios usus not to a general Jurisdiction for so is the Canon Nos quidem extr tit de testam Neither is that Canon Vltima Voluntas in C. 13. q. 2. taken out of S. Gregory otherwise to be understood if you interpret it as you ought by those (c) Videsis Greg. lib. 3. Epist 9. lib. 9. Epist 20. places of Gregory whence it is taken but the Canonists generally upon that Canon Si haeredes take it that executio testamentorum ad Episcopos spectat And so those old ones Pope Innocent the Fourth Bernard and others of the rest deliver and the (d) Vid. Gonzal Zuarez Prax. Eccles Lam. 2. Praelud 2. Sect. 44. Zerula prop Episcop verb. leg ad quaest 9. latter follow them yet they commonly restrain it and that in practice in other States to Legacies given in pios usus And in the Council of Trent where twice the Bishops power over Testaments is provided for (e) Sess 12. de reform cap. 6. Sess ult de reformat c. 4. nothing is spoken of but Commutations of Legacies and of such as are given in pios usus yet from Ancient time both the Intrinsecal and Extrinsecal Jurisdiction of Testaments made of personal Chattels in England hath been and is in the Church except in places where special Custom excludes it the original whereof being not sufficiently found in either of these Laws the Civil and Canon divers parts of which according to the various admission of several Estates have been much dispersed through Christendome and some remain now exercised by imitation among us It rests that disquisition be made for it in the Monuments of the Kingdom that according as they together with the Canons afford light some conjecture may be had touching the Antiquity and ground of it CHAP. V. Of the Intrinsecal Jurisdiction in the Saxons time THe Eldest Testament that I have seen made in England is that of King Edgar's time made by (a) Iamb Peramb Cant. p. 548. one Birthric a Gentleman or Thane it seems of great worth and his Wife Elswith wherein they devise both Lands and Goods and in the end of the Will sayes her husband And ic hidde for goder lufan minne leofan Hlaford ꝧ He ne þafige ꝧ ae●ig man uncerne ●pide aƿende And I pray for Gods love my leefe Lord that he doe not suffer that any man our Testament do break It may perhaps thence be collected that the Protection or Execution of this Testament was within the Jurisdiction of the Lords Court as also the Probate and that especially because divers Lords (b) Hensloes Case 9. Rep. b. of Mannors have to this day the Probate of Testaments by Custom continued against that which is otherwise regularly setled in the Church But the same Testament being for Lands as well as for Goods it may be that this Clause had reference to the Lord in regard of the Land only to the Alienation of which his Assent might be requisite or to denote him for the Testators best friend as one chosen Overseer of his Will and indeed he desires all other good people to see his Will be not broken which makes me only offer it as what another mans fancy may work on but I conceive not out of it enough to prove either way any thing touching the Jurisdiction of Testaments Nor in the Saxon times appears any thing that can sufficiently direct us to know how it was exercised here unless out of that example of Siwerth of Durham's Testament in the (c) In Bibli●thec Cottoniana Book of Ely you may collect that the Probate was supply'd in the life-time of the Testator by Inrolment or leaving an Indented Copy of it with the Alderman or Sheriff of the County in whose County-Court the most of proceedings of Temporal Justice and of the Spiritual also for the Bishop sate with him as in his Consistory were in the Saxon times for so much perhaps may be conjectured out of it as we faithfully here relate it Siwerth in King Edgar's time lying sick at Lindane in the Isle of Elie makes his Testament and sends for Brithnorth Abbot of Elie and divers of the Monks and others of the Gentry and the Abbot writes the Testament in tribus Chirographis coram so are the words of the Book cunctis fecit recitari lectumque fecit incidi unamque partem Chirographi retinuit Siferthus Alteram autem dedit Abbati tertiam vero misit statim per praefatum Brithelmum that was one of the Gentlemen of the Countrey then present Ailwino Aldermano qui tunc temporis degebat in Elie petiit ab illo ut suum Testamentum stare concederet quomodo Abbas allud scripsenat In lib. concess●siet ordinaverat apud Lindane corum praedictorum Testimonio virorum Cum itaque Ailwinus Alderman hoc audisset Chirographum vidisset re misit illico ad eum Wlnothum de Stowe cum Brithelmo sciscitatusque est ab eo quid aut quomodo vellet de Testamento suo qui mox per cosdem renuntiavit ei sic suum Testamentum absque omni contradictione vel mutatione se velle stare sicut praefatus Abbas illud in Chirographo posuerat quod ut Ailwinus Alderman audivit totum concessit ut staret sient ipse Siverthus Testatus erat But in deed in it Lands lying in Durham were devised to the Abbey and so it was not only of personal Chattels The Saxon Laws are very silent of any thing touching Testaments and we must remember while we think of that example of Suverth of Durham that the Ecclesiastical and Temporal Courts of Common Justice held as one by the Sheriff and Bishop were not severed as now into the Consistory and County Court until the Conqueror did it by a Law yet remaining and elsewhere published (d) V. Spicilegia in Eadmerum In what intercedes from this time until about H. 2. I find not any Testimony that gives light to this purpose as the Saxon Laws so those of the Conquerour and of H. 1. and H. 2. mention nothing that tasts of either kind of Jurisdiction of Testaments only of a Charter of H. 1. extant in Matth. Paris and in the Red Book of the Exchequer this occurrs Si quis Baronum vel hominum meorum infirmabitur sicut ipse dabit vel dare jusserit pecuniam suam ita datam esse concedo This may perhaps seem to denote that the Kings Court determined of Legacies especially of the Kings Tenants But indeed it proves not so much But the eldest passage that proves clear enough here is that which makes the Intrinsecal Jurisdiction t ohave been in the Church and the Extrinsecal in the Kings Court I mean that which is found in the Treatise