Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	england_n	ireland_n	lord_n	4,666	5	4.1333	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54695	Tenenda non tollenda, or, The necessity of preserving tenures in capite and by knight-service which according to their first institution were, and are yet, a great part of the salus populi, and the safety and defence of the King, as well as of his people : together with a prospect of the very many mischiefs and inconveniences, which by the taking away or altering of those tenures, will inevitably happen to the King and his kingdomes / by Fabian Philipps ...	Philipps, Fabian, 1601-1690.	1660 (1660)	Wing P2019; ESTC R16070	141,615	292

Debts or charge of Children connot rationally conclude or argue the Fines to be excessive no more than a common weight or burden which may easily be born or carried by any man in health doth make it to be of a greater weight or burden because another man by reason of sicknesse or other disabilities is not able to bear or stand under it or that a reasonable or small rent which Tenants are to pay to their Landlords is therefore too much or unreasonable because a poor or decayed Tenant cannot so well bear or pay it as he was wont or as one that is thriving or before hand might doe That all Leases of above One hundred years were made to draw Wardships contrary to Law when as such or the like Collusions were by the Statute of Marlebridge prohibited and the Parliament was mis-informed for long Leases under 500. years were not made by that Court lyable to Wardships and that undue proceedings were used in the finding of Offices to make Jurors find for the King which was but to adjorne or bind them over to the Bar of the Court of Wards in case that there was any doubt of the Law or Evidence Or when the Lords and Commons in Parliament the second day of June 1642. by the nineteen Propositions which were as they alleaged for the establishment of the Kings honour and safety and the w●lfare and ●ecurity of his Subjects and Dominions and being granted would be a necessary and effectual means to remove those jealousies and differences which have unhappily fallen betwixt him and his people and procure both his Majesty and them a constant course of honour peace and happiness Did propose petition and advise that the Lord high Constable of England Lord Chancellor or Lord Keeper of the great Seal of England Lord Treasurer Lord privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports cheif Governour of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two cheif Justices and cheif Baron may alwayes which shewed they had no desire for the present or the future to take away the Tenures in Capite and by Knight service be chosen by approbation of both Houses of Parliament Did not conceive them to be any Disease or Gangreen in the Body Politique at the making of the 2 d. Declaration of the Lords Commons in Parliament dated the 12 th of January 1642. Concerning the Commission of Array occasioned by a book then lately published Entituled his Majesties answer to the Declaration of both Houses of Parliament concerning the said Commission of Array Printed and Published by the care of Mr. Samuel Brown then and now a Member of the House of Commons wherein many Arguments being used and if they had been grievances would not have become the Parliament to have urged or pressed them as an argument against the Kings having power to raise men by his Commissions of Array and were then so little denyed to be for the necessary defence of the King and his Subjects as they were rather taken by that Parliament to be as the hands and Arms of the bodie politique worthy a continuance perpetuity and very well deserving the good opinion which the Parliament then had of them in the expressions following We deny that there is an impossibility of defence without such power viz. the Commissions of Array And affirm that the Kingdom may be defended in time of danger without issuing such Commissions or executing such power For we say that the Law hath provided several ways for provision of Arms and for defence of the Kingdom in time of danger without such Commissions 1. All the Tenures that are of his Majestie by Barony Grand Se●jeanty Knight service in Capite Knight service and other like Tenures were all originally instituted for the defence of the Kingdom in time of War and danger as appears by the Statute of 7 E. 1. of Mortmain which saith servitia quae ex hujus modi feodis d●bentur ad defensionem Regni ab initio provisa fuerunt vide Chart. H. 1. irrotulat in libro Rubro Scac. Coke Instit. 75. Bracton 36.37 Britton 162.35 H. 6.41 Coke 8.105 Coke 6. ● Instit. 1 part 103. These Tenures in the Conquerours time were many and since they are much increased and these are all bound to find men and arms according to their Tenures for the defence of the Kingdom 2. As those Tenures are for the defence of the Kingdom so the Law hath given to his Majestie diverse Priviledges and Prerogatives for the same end and purpose that with the profits of them he should defend himself and his people in times of danger of which his Majestie is and always hath been in actual possession since his accesse to the Crown For the defence of the Kingdom his Majestie ha●h the profits o● Wardships L●veries Primer seisins Marriages Reliefs Fines for Alienation Customs Mines Wrecks Treasure trove Escheats Forfeitures and diverse others the like casual profits That by these he may be enabled to defend the Kingdom and that he enjoying them his Subjects might enjoy their Estates under his Protection free from Taxes and Impositions for defence Therefore it is declared 14 E. 3. chap. 1. That all the profits arising of an aid then granted to the King by his people And of Wards Marriages Customes Escheats and other profits riseing of the Realm of England should ●e spent upon the safeguard of the Realm of England on the Wars in Scotland France and Gascoigne and no places elsewhere during the Wars And the Lords and Commons in Rich. 2 time knowing the Law to ●e so did as appears ●y the Parliament ●olls 6 Rich. ● m. 42 passe a ●etition that the King would live o● his own Revenues and that the Wards Marriages Reliefs For●●itures and other profits of the Crown might be kept to be spent in the Wars for the defence of the Kingdom 3. If the said Tenures and casual profits rising by his Prerogative will not serve for defence but more help is necessary by the fundamental Lawes and Constitutions of this Kingdom his Majestie is intrusted with a power to summon Parliaments as often as he pleases for defence of himself and his people when his ordinary Revenues will not serve the turn And there is no other legal way when the others are not sufficient but this and this last hath been ever found by experience the most sure and successefull way for supply in time of imminent danger for defence of the Kingdom and to this the Kings of this Realm have in times of danger frequently had recourse A main end why Parliaments are called is for defence of the Kingdom and that other Supplies th●n th●se before mentioned cannot be made without a Parliament Nor was there any publique or general damage so much as supposed to be in them the first of February 1642. when in the propositions sent by those Lords Commons which remain'd in Parliament

themselves for their Allegiance to their King following of the Scripture their Consciences and the known Laws of the Land were notwithstanding their many Petitions and Importunities several years whilst their estates were Sequestred and taken from them kept in a starving Condition before they could be heard to litle purpose where Sons and too well descended to be so unworthy were invited to accuse their Loyal Aged Parents whom the Jewes would have rent their Clothes to have seen encouraged and made to be sharers in the spoyl of their Father Not like the Committee or Court improperly called at Salters-Hall for relief of Creditors against their imprisoned Debtors where some of those Judges and Committees if not wronged by printed Complaints were in good hopes to have made some preparations to sell the Debtors Lands to their Friends or Kindred at good Penniworths Nor like the Committee for Plundring rather than Plundred Ministers who to take away all the Benefices of England and Wales from the Tribe of Levi and confer them upon the Tribe of Issachar and their Factious and Mechanique guifted Brethren and keep out the Orthodox and learned Clergy could make their costly orders for the trial of them that were more Learned then themselves concerning the Grace of God and their utterance for Preaching of the Gospel with private and deceitful marks and litle close couched or interposed Letters hid or put under or over some other Letters whereby to intimate to their Subcommittees in the Countries that howsoever the men were without exception and found to be so upon Certificates and Examination they were to be delayed and sent from Post to Pillar and tired bo●h in their Bodies and Purses and be sure never to be instituted and inducted But was a Court compos'd of grave learned knowing and worthy Masters of the Wards such as William Marquesse of Winchester William Lord Burghley and his Son the Earl of Salisbury and many other who made not the Court or any of the businesse thereof to Lacquy after their own Interest Had for Attorney Generalls of that Court who sate as men of Law and Judges therein and assistants to the Masters of the Wards Richard Onslow Esq afterwards Speaker of the House of Commons Sr. Nicholas Bacon Knight afterwards a most learned Lord keeper of the great Seal of England and a great Councellor of Estate to Queen Elizabeth Sr. Henry Hobart afterwards Lord cheif Justice of the Court of Common-pleas Sr. James Ley Knight and Baronet afterwards Lord cheif Justice of the Court of Kings Bench after that Earl of Marleborough and Lord Treasurer of England Sr. Henry Calthrop Knight Sr. Rowland Wandesford Knight and Sr. Orlando Bridgeman Kt. now Lord Chief Justice of the Court of Common pleas all very eminently learned Lawyers and of great estates honour honesty and worth in their several generations who upon any difficult or weighty matter of Law to be discussed in that Court did usually intreat the presence and had the assistance of the Lord cheif Justices Lord cheif Baron or of any of the other learned Judges of the Land whom they should please to invite unto them where a variety of learning grave deliberations a great care of Justice and right reason most lively and clearly represented have left to posterity as guides and directions for after ages those conclusions and resolutions of cases of great learning and weight in that Court reported by the Lord Dier Cook and other learned Sages of the Law Nor were the Masters of the Wards Attorneys Auditors or Escheators loosely tied by Oaths as some of the Committee Jurisdictions were when they did swear only in general faithfully according to their best skill and knowledge to discharge the trust committed to them and would not for favour or affection reward or gift or hopes of reward or gift break the same Or as little restraining them from Acts of Oppression or Injustice as the Oath of the Controlers for the sale of the Kings and Queens lands ordered by that which called it self a Parliament 17. July 1649. The Oath of the Commissioners for managing the estates of Delinquents Sequestrations at Haberdashers-Hall Ordered by no better an Authority the 15 of April 1650. or that which by that which would be called an Act of Parliament of the 10 of December 1650. for establishing an high Court of Justice within the Counties of Norfforlk Suffolk Cambridge and Huntington for the Tryal of Delinquents was only ordered was to be taken by those that were to be the Judges that they should well and truly according to the best of their skill and knowledge execute the several powers given unto them Which bound them not from doing wrong to those whom they made to bear the burdens of all the cruelties which they could possibly lay upon them But were compassed and hedged in by Oaths as warily restraining as they were legal for the Master of the Wards was by Act of Parliament enjoyned to swear to minister Justice to Rich ond Poor to the best of his cunning and power to take no gift or reward in any Case depending before him and to deliver with speed such as shall have to do before him The Attorney was sworn truely to counsel the King and the Master of the Court and with all speed and diligence to endeavour the hearing and determination indifferently of such matters and causes as shall depend before the Master of the Wards and shall not take any gift or reward in any matter or cause depending in the same Court The Auditors sworn to make a true allowance in their Offices to every person which shall be accomptant before them and not to take or recieve of Poor or Rich any gift or reward in any matter or cause depending or to be discussed in the Court but such as shall be ordinarily appertaining to their Offices and the Escheators to treat all the people in their ●ayliwicks truely and righteously to do right to every man aswell to poor as to rich do no wrong to any man neither for promise love nor hate nor no mans right disturb do nothing whereby right may be disturbed letted or delayed and shall take their Enquests in open places and not privy And might better content the people Then when in former ages the Wardships and their disposing were left to the care and order of the Chancellour as to Thomas B●cket in H. 2. time or to Hubert de Burgh Chief-Justice and Earl of Kent in the Reign of H. 3. sometimes to the Treasurers or Chamberlains most comonly let to farm by Escheators sometimes by under-Sherifs or when the next Wardships or Escheats that should happen were before hand assigned towards the payment of some of the Kings Debts as to William de Valence Earl of Pembroke in the Reign of E. 1. or that the Wardships and Escheats which should happen in 6 or 7. Counties were before hand granted to some particular man And can

wast in the Wards Lands or seised Lands which ought not to be seised Et omnes illi qui sentiunt se super hiis gravatos inde conqueri voluerint audiantur fiat eis Justitia All that were grieved were to be heard and have Justice done them and the Tenant had his remedy by a writ of ne injuste vexes where his Lord did Indebita exigere servitia And least any thing should but come within the suspition of a Grievance or that the power of the Court of Wards and Liveries and the latitude which the Act of Parliament of 32 H. 8. had given it which was to be as fixed as the trust which was committed to it should in the intervalls of Parliaments or seldomest Cases be any thing like to a burden or Inconvenience the disposing and granting of wardships was by King James his Commission and instructions under the great Seal of England in an 1622. to the end that the people might stand assured that he desired nothing more than that their Children and their Lands which should fall unto him by reason of wardships might after their decease be committed in their neerest and trustiest friends or to such as they by will or otherwise commit the charge unto upon such valuable considerations as are just and reasonable that the Parents and Ancestors may depart in greater peace in hope of his gracious favour their friends may see their children brought up in piety and learning and may take such care as is fit for the preservation of their inheritance if they will seek the same in time Ordered that no direction for the finding of any Office be given for the wardship of the body and lands of any Ward until the end of one moneth next after the death of the Wards Ancestor but to the neerest and trustiest friends of the ward or other person nominated by the Ancestor in the wards behalf who may in the mean time become Suiters for the same among whom choice may be made of the best and fittest No composition agreement or promise of any wardship or lease of Lands be made until the office be found and then such of the friends to have preferment as tendred their Petitions within the moneth they yeilding a reasonable composition The Master Attorney Surveyor and other the Officers of the Court of Wards were to inform them selves as particularly as they might of the truth of the Wards estate as well of his Inheritance as of his Goods and Chattels the estate of the deceased Ancestors and of all other due circumstances considerable to the end the Compositions might be such as might stand with the Kings resonable profit and the Ability of the Heirs estate No Escheat●r shall inforce any man to shew his evidence That all Leases of Wards lands except in cases of concealment be made with litle or no Fine and for the best improved yearly rent that shall be offered consideration being had of the cautions aforesaid that no recusant be admitted to compound or be assignee of any wardship That where it shall appear that neither the King nor his progenitors within the space of threescore years last past enjoyed any benefit by Wardship Livery Primer seizin Releif Respect of Homage Fi●es or mesne rates of any lands the Master and Councel of the said Court were authorized to remit and release all benefit and profit that might accrew to the King thereby And in all cases where covenants were p●●formed to deliver bonds which were taken concerning the same And that upon consideration of circumstances which may happen in assessing of Fines for the marriages of the Wards and renting of their lands either by reason of the broken estate of the deceased want of provision for his wife his great charge of Children unprovided for infirmity or tendernesse of the heir incertainty of the title or greatnesse of incumbrance upon the lands they shall have liberty as those or any other the like comsiderations shall offer themselves to use that good discretion and Conscience which shall be sit in mitigating or abating Fines or Rents to the releif of such necessities In pursuance whereof and the course and usage of that Court as well before as after the said Instructions Wardships nor any Custody or Lease of the Wards or their Lands were not granted in any surprising or misinforming way but by the care and deliberation of the Master and Councel of the Court of Wards and Liveries upon a full hearing and examination of all parties and pretenders they to whom they were granted Covenanting by Indenture under their Hands and Seals with Bonds of great penalties to perform the same to educate the ward according to his degree and quality preserve his lands and houses from waste fell no Coppice Woods grant no Copy-hold estates for lives nor appoint any Steward to keep the Courts without licence and to permit the feodary of the County where the land lieth yearly to survey and superintend the care thereof and had reasonable times of payment allowed them And could not likely produce any grievances in the rates or assessing of Fines for marriages or for rents reserved during the minority of the wards or for primer seisin or any other Compositions when as the Kings of England since the Raign of the unhappy R. 2. and the intermission of the Eyres and those strict enquiries which were formerly made of the frauds or concealment of the Escheators or their Deputies in the businesse of Tenures and Wardships and their neglect or not improving of them most of those former Officers and those that trucked with them not doing that right which they ought to their Consciences and their Kings and Benefactors Have for some ages past been so willing to ease their people or comply with their desires as they have no● regarded a● all their own profit or taken such a care as they might to retain ●hose just powers which were incident or necessary to their Royal Government but by leaving their bounty and kindnesse open to all the requests or designs of the people have like tender hearted parents given away much of their own support and sustenance to gratify the blandishments or necessities of their Children and not only enervated but dismembred and quitted many of their Regal powers and just Prerogatives in their grants of Lands and Liberties and thereby too much exhausted and abandoned the care of their own Revenue and Treasure as may easily appear to any that shall take but a view of those many Regalities Franchises and Liberties which being to be as a Sacrum patrimonium unalienable have heretofore either been too liberally granted by the Kings Progenitors of which H. 3. was very sensible in his answer to the Prior or Master of the Hospital of St. Johns at Jerusalem or not well looked after in those Incroachments and Usurpations which have been made upon them Or consider the very great cares and providence as well as prudence of former

any Court or Rule of Justice is a reasonable Fine commonly adjudged or estimated at two years value and either certain or uncertain are to be paid at the death or alienation of every Tenant which doe as in Socage happen more often and constantly than that of Escuage and Knight Service and have many Payments Forfeitures Restraints and Dependencyes attending that kind of Estate and Inheritance as in some places the Heir to forfeit his Land if after three Solemn Proclamations in three several Courts he comes not in payes his Fine and prayes to be admitted or shall without any reasonable cause of absence wilfully refuse to appear after summons at his Lords Court Baron or to be sworn of the homage or denie himself to be a Coppy-holder payeth not his Fine when it is assessed or sues a Replevin against his Lord distraining for Rent-service payes not his Rent or permits or commits voluntary wast by plucking down an antient built house and building up a new in the place or cutting Timber without licence may be fined or amerced if he speak unreverently of his Lord or behave himself contemptuously towards him is at his Death to pay his best beast or if he hath none the best peice of his housholdstuffe for a herriot and in some places for it varies according to several customes is to give the Lord a certain sum of mony every month during Wars to bear his charges cannot be sworn of the Homage or bring a plaint in the nature of an Assize untill he be admitted Tenant to his Land the Wife shall not have her Bench or Life in her Husbands Copyhold Estate if she marry without Licence of the Lord and in some places if she will redeem it must come riding into the Court upon a ●lack Ram or as in the manner of South Peve●ton in Somersetshire being an an●ient D●mesne where a Widdow convicted of Fornication shall as an Escheat to the Lord of the Mannor forfeit all her Lands and Goods and the Tenant is by a peculiar custom in some places before he can inforce his Lord to admit any one to his Coppyhold to make a prosf●r thereof to the next of the blood or to his Neighbours ab orientesole inhabiting Eastward of him who giving as much as another is to have it and many more inconveniencies and unpleasing customes not here remembred which they who in the Raign of H. 3. and E. 1. Or when Bracton and Fleta wrote were but Tenants at the will of the Lord and by an accustomed and continued charity fixed and setled upon them and their Heirs are now become to be the owners of a profitable and well to be liked inheritance secundum consuetudinem manerij according to the custome of the Mannor could never by any manner of Reason or Justice require a better usage o● find the way to complain of untill our late horrid and irrational Confusions when Injustice accused Iustice Oppression complained of Right● and the wickedest o● Gains was called the refined Godlinesse and when they got so much incouragement as in the height of a grand and superlative ingratitude to cry aloud and clamour against their Lords who were nothing else but their good and great Benefactors and would make as many as they could beleive that their Coppyhold Estates which were great Acts of Charity in the time of the Saxons were now nothing lesse than Norman Slaveries Are better also than Estates for lives or years which are not unless in case of a seldome happening minority which is otherwise recompenced so happy in their conditions as Tenures in Capite and by Knight Service but are more clogged and incumbred with Covenants or operation of Law then Knight Service as the Tenant to be punished with treble dammage and a forfeiture of Locum vastatum the place wasted for wast committed or permitted to be done in but cutting down an Apple tree in an Orchard or a few Willows or other Trees that grow about the House or plowing up land that was not arrable cannot Assigne his Term or make a Lease of part of it or cut down Timber of Wood without leave of his Lord is stinted to his fewel or firewood and to have so many Loads only to burn is not to carry any dung of the ground is to forfeit his Lease if he pay not his Rent if demanded at the time appointed and many times strict Nomine Penaes for every day after in which it shall be unpaid must carry so many loads of Wood or Coal every year for his Land-lord pay quarters of Wheat Rent Capons a Boar or Brawn a Mutton or fat Calf and the like renewing thereby again the old kind of Socage by their own Covenants or for their own conveniency agreeing to find so many men furnished with Pikes or Musquets in the service of their Land-lords in the time of Wars which was not long agoe done in Ireland by some Tenants of the late Lord Conway which is no lesse then a Military Tenure Wardships and Marriage only expected And whether for lives or years doe live under as many other harsh and uncomfortable Covenants and Conditions as the warinesse distrust or griping of their Land-lords will put or enforce upon them which he that hath not the property of the Land which he renteth and knows it to be none of his own is to endure the more patiently because if he will not take it or hold it so another will be glad to do it and that Covenants and Obligations which were at first but voluntatis at the Tenants will and pleasure before they were entered into do afterwards as the Civil Law saith become to be necessitatis and cannot be avoyded So as Tenures in Capite and Knight service being more beneficial and most commonly less troublesome and incumbred than either Socage or Copyhold Tenures or Estates for lives or years which are more than two parts of three of the Lands of the Kingdom and are yet well enough endured purchased and daily sought for and when all is said that can be truly and rationally alleadged for any good that is in them that in Capite and by Knight service being the most noble and best of Tenures will weigh heavier in the ballance of any reasonable impartial or knowing mans understanding it cannot be imagined from which of the many points of the compasse or Card of the vulgar and unruly apprehensions the Wind or Heri●an of the complaints can come which are made against them unless any should be so bruitish as to think the payments of Rent to their Land-Lords or the performing of their oaths when they make Fealty or their Covenants Promises or Contracts are a grievance And therefore until upon any account of truth or reason a just and more than ordinary care of the King shall be reckoned to be a Curse Favour a Fault Protection a Persecution Benefits shall be taken for Burdens Blessings for Bondage performance of promises a Sin and compelling of them an