Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	king_n	law_n	5,568	5	4.7787	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12924	An exposicion of the kinges prerogatiue collected out of the great abridgement of Iustice Fitzherbert and other olde writers of the lawes of Englande by the right woorshipfull sir William Staunford Knight, lately one of the iustices of the Queenes maiesties court of comon pleas: whereunto is annexed the proces to the same prerogatiue appertaining. 1567	Staunford, William, Sir, 1509-1558.; Fitzherbert, Anthony, Sir, 1470-1538. Graunde abridgement.	1567 (1567)	STC 23213; ESTC S117783	123,769	174

19. E. 3. wher the said comittee came in 18. E. 3. fo 38. H. 8. E. 3. in Fitz ti Voucher P. 154. H. 19. E. 3. in Fitz Tit. Aid de Roy. 64. the heir being vouched in their ward showed how they held of the kinges lease praid in aid of the king had it wherat I do not a litle meruel because of this statute of Bigamis which was neuer spokē of ne yet remembred in these bokes their iudgemēts as it should seme beinge directlie against this statute Howbeit the maner of the lease doth not there certenlye apere that is to saie whether the wardship were granted Durante bene placito or Durante minore etate for that would make a differēce as I haue said before Also the boke is 39. 39. E. 3. fo 10 E 3. where in a writ of Dovver brought against the comittee ther was aid grāted of the king but that semes to be out of the compas of the statute of Bigamis which spekes onelie of thē the haue it of the kinges grāt so hath not the secōd Comittee therfore lerne what the law will in these cases But if the wardship be comitted to the wife wtout anie exception or forprise of her dower she by that is cōcluded to claime ani dower during the said wardship as it may apere M. 2. H. 4 ▪ in the said new Natura breuium fo 2●● It is also said that where liuerie is made to the heier before the womā sue for her dower in the chācerie in the said liuerie there is no sauing made for her dower that thē she must pursue her writ of Dovver against the heir the reson that there made is beecause the king hath made liuerie generally wtout ani reseruacion of Dower to be assigned by his highnes whereunto I aunswer that whē liuerie is sued before assignemēt of dower there is moste comōlie in the writs of liuerie a sauinge made for her dower if it so be that she were found the kings tenantes wife in thoffice and she beinge so founde if the heyr sue a general liuerye leuing out these wordes Salua dote or retenta dote c. it is a good cause for the kinge to resese the hole for the liuerie is missued in that case and that I learned of iustice Spilman which noted it so in .11 of H. 8. but if she be not found wife in the office the heire may sue his liuerie without anie such sauinge and to saie the the kinge by making such a liuerie should waiue the aduantage of his prerogatife in the dower that semes not to bee trew vnles the said waiuer were by expres wordes wherfore it semes the heir in that case after liuerie is not bound to yeld vnto her dower but her onlie remedie is to sue for the same to the king and that must be fyrst vpon an office as I think finding that she was his tenantes wife Ideo quere and learne whether she may haue dower in any case either in the chancerie or by writ of Dower at the comen lawe against the cōmittee or the heire vnles she be found wife first by office as is aforesaid except it be in cases where the king will refuse this prerogatife And note that like as the kinge hath a prerogatife by this statute to yeld dower to the wife of his tenant so hath his highnes a prerogatife by the comō law to withold dower from the wife of his tenant which no comon person hath As put case in a write of Dower the heir be vouched in the kinges warde and the tenāt showes for his lien the feffement with warranty of the husbande which is father to him that is vouched yet that notwithstāding she shall recouer her dower against the tenant and not against the heir because that els the king should lose the wardship of the lands wher the womā maie without her losse as well recouer her demaund against the tenaunt as she should against the kinge and yet if the king were a comon person in that case he should lose the wardship of so much as she demaundethe 26. E. 3. fol. 58 ▪ H. 8. E. 3. ī Fits ti Voucher P. 154. And this boke is .26 E. 3. wher it is said that the kinges comittee of the wardship shall not haue the prerogatife therew t agrees 8. E. 3. And note that like as the king hath prerogatife against the wife that bringeth the writ of Dovver so shall he haue prerogatife against the tenaunt in the saide writt of Dovver for notwithstanding that the tenant in the self sāe case haue iudgemē to recouer ouer in value against the heire which is in the kinges ward yet he shal haue no execucion of that recouerie til the land be sued out of the kinges handes Howbeit 27. E. 3. 27. E. 3. fo 87 is contrarie to the said boke of 26. E. 3. ideo quere And learne and enquire whether a womā being thus endowed at the hāds of the feffee of her husband of such lands as he died not sesed of and wherof the king at that time can haue no wardship whether she maye marie or not without the kings license it semes she can not for anie wordes comprised within this statute And it apereth in the boke of Assises 26. E. 3. 26. li. Ass P. 57 that wher a woman was endowed by gardein in chiualrye and afterwards the garden committed treson wherbie the seignorie was forfet to the kinge that after this forfeiture she should hold of the kinge and not of the heir which was in the reuersion in which case then she can not mary without licence as me thinketh Thē further it is to be sene to what lands the statute dothe extend vnto and to what not It extendes to landes holden in capite wherof any woman claymeth dower as maie apere by the wordes of the sāe statute and not to anie other lands for if the king haue in his custodie byshops temporalties during the tyme the Sea is vacant and one that holdeth of those temporalties by knightes seruice dieth his heir being within age whereby the kinge hath the wardship of his heir and ēdoweth his wife in this case she shall make no othe but maie marie without licēse Like lawe is it wher she is endowed of lands that are holdē of him that is the kings highnes ward by reason of a tenure in Capite for in both these cases the land wherof dower is demaunded are not holdē of the kinge in cheefe and this doth apere in the newe Natura breuium fo 264. and yet in both those cases she is endowed in the chauncerie but what is that to the purpose for so shall the heire in those cases sue liuerie of those lands and yet thei be neuer the more for the holden in chief but onely vsed for a solempnity becaus thei were in the kings hands once by office which is matter of

¶ An exposicion of the kinges prerogatiue collected out of the great abridgement of Iustice Fitzherbert and other olde writers of the lawes of Englande by the right woorshipfull sir William Staunford Knight lately one of the Iustices of the Queenes maiesties court of comon pleas Whereunto is annexed the Proces to the same Prerogatiue appertaining 1567. To the right honorable sir Nicholas Bacon knight lord keeper of the great seale of Englande Richard Tottel wisheth health and long lyfe with encrease of honour NOt long sythens right honorable and my especiall good Lord there was deliuered to mee A collection of the kinges prerogatiue whiche Maister Staunforde had gathered and dedicated vnto your honour which woorke bycause it is thought well of by the Sages of the lawe and well worthy to be printed I am therefore the bolder to put it in print and publishe the same And although the saide Maister Staunforde verie shortlye after that hee hadd dedicated the same booke vnto your Lordship were for his wisedome grauitie learning integritie syncere dealinge aduaunced to be a Iudge in the chiefe Court of this Realme for common plees and for his good seruice therein was by iust desert made knight and albeit that your Lordship also sythens that tyme haue achieued the place title and degree of high honour by the iudgemēt calling of the Queenes most excellent maiesty Yet I haue printed the Epistle dedicatorie of the said woork in the same termes that the Authour thereof vsed and with the same stile that your honour and he both then had when he dedicated the said woorke vnto your Lordship as a Monument and token of the mutuall long continued amitie betwene you moste humbly praieng your Lordship to accept in good parte accordinge to your accustomed goodnes this my boldnes with your honour and to pardon the same This 20. day of Nouember Your honours most bounden Richard Tottell ¶ Guilielmus Staunfordus Nicholao Bacono Regie Maiestati a Tutelarum procuratione S. D. P. QVanquam Anglicanae leges amice singularis haud minorem merentur laudem quā Iudex Fortescueus libro de earum laudibus conscripto eis tribuere videtur tamen quoniam earum cognitio tam procul nobis dissita sit profectio ad eam tam supra modum longa ac operosa tū viae et semitae tam asperae tā salabrosae tam inamaenae sint vt ad sui aditum paucissimos inuitet quā plurimos ab sterreat vel potius auertat Optarem in tanta iurisperitorum turba quam Anglia nunc habet aliquid excogitari posse leuandis legum Studiosis prolongo isto ac molesto itinere Vt propiore ac commodiore via ducti valerent et proficiscēdo absoluto itinere alias degustare literas quibus non solum legalem scientiam multum illustrarent sed et munia eis a Regia Maiestate mandata tum pulchriûs tum honorificentiús administrarent Id quod meo iudicio cōmodissimê fieri possit si tituli in magna quā vocant Fitzherberti Epitome vel a Iudicibus nostris vel ab aliis legum peritis sedulo forent euoluti atque elaborati hoc est omni titulo in classes ac ordines distributo singulis eorum actis ac causis certae legum regulae ac Maximae presiderent Exempli gratia In Breuis titulū cadere possunt hec videlicet Forma vitiosa Nomendatura seu ꝑsonae seu vici Eadē res bis petita Obitus vel actoris vel rei Nominis alterutrius partis pēdente lite mutatio ceteraque huiusmodi quae nunc nimis longo titulo spersa tam tumultuarie reperiuntur vt multo maiorem tum eruditionem tum sudores tum vigilias exigat eorū distributio quā rectê distributa ediscere Et tamen non possum committere quin tantae epitomes scriptorem vel amplissimis laudibus veham qui súma sua doctrina exactissimo iudicio immensis ac pene dixerim exanclatis laboribus tam numerosam voluminum multitudinem quibus vel legendis vix vnius hominis aetas quantumlibet viuacis sufficeret in vnū dūtaxat volumen atque adeo epitomen contraxit vt nunc nostratibus iurisperitis modo volentibus minima opera componere liceat quippiam tam facile tam vtile tam frugiferū vnde studiosi dimidiato tempore quo antehac legibus obdormire sint visi cum maturiorē tum certiorem noticiam assequerentur Quo nomine rei mihi tam vehementer expetitae typum quendam pro posui ac quasi primas inde lineas duxi Recipiens ad me huiusmodi p̄dictorum titulos qui Regiam prerogatiuam spectant non quod sum aliqua ex parte dignus rem tam eximiam tamque sublimem tractare nec quod eruditione id prestare valeam Siquidem de meo nihilo plus hic est quā collectio ac dispositio tantum earum rerum quae eisdem titulis includuntur Sed magis quod istud meum commentitium qualecunque sit tibi semper destinaueram id quod in nullum alium preter hunc titulum cōmodè experiri potui tum quod ad magistra tum tuum Regij procuratoris tutelarum maxime partinere videbatur tum quod cōpertum habeo te iurisprudentiae incūbentem hūc quem proposui morem hactenus obtinuisse quod fecit vt reliquos tuos contemporaneos eruditione multis stadijs precurras tum denique quod tuum iudicium super hisce rebus in quibus assiduè versaris ac exercitaris requiro Certus me hic rem habere cum homine tam amico vt si quid lectione dignum inuenerit id pergratè sit accepturus sin minus certè aequi bonique consulturus reliquum quod habet vitij emendaturus aut saltem ad id coniuere velle cōfido Proinde istud quicquid est tibi nuncupo lege ac pro tua voluntate fruere Vale. To the right woorshipfull and his singuler frinde Nicholas Bacon the kinges Attourney of his court of wardes and Liuereys William Staunford wisheth helth long lyfe and prosperous successe ALbeit the lawes of Englande right singuler frinde are worthye no lesse honour praise and commendacion then Iustice Fortescue in his booke written of the praises thereof dooth attribute and geue vnto them yet forasmuch as the knowledge of the said lawes is placed so farre of the iourney thereunto so exceading long and painefull the waies and pathes so rugged and vnpleasant I would wish that amonges such plenty of learned men as be at this day some thing were deuised to help the studēts of their lōg iorney that they being led a more nere plesant way might both as they went and after they came to theire iorneis end gather some other knowledge not onely therewith to garnish theire owne science but also the better to serue in such honorable rome as they be called to serue the kinge and soueraigne lord in which thing might well come to passe after my poore mynde if such