Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	chief_a	justice_n	king_n	19,021	5	3.9928	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68659	A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law.	Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646.	1634 (1634)	STC 21055.5; ESTC S115990	285,847	357

a question hath beene where the King hath had sons both before hee came to the Kingdome and after which of them is to succeed hee that was borne before the Kingdom as having the prerogative of his birth-right or he that was borne after as being brought into the world under a greater planet than the other neither hath there wanted reason or example for each side to found themselves on for Xerxes the son of Darius King of Persia Herodot lib. 4. Justin lib. 11. Plutarchus in vita Artaxerxis being the eldest birth after his father was enthronized in the Kingdome carried away the Empire thereof from his brother Artemines or Artobazanes borne before his father came to the royall possession thereof so Arseces the son of another Darius borne in the time of his fathers Empire carried away the garland from his brother Cyrus borne before the Empire so Lewes Duke of Millan borne after his father Guicciard l. 1. Histor Blondus Decad. 2. lib. 6. Mich. Ritius l. 2 de regib Hungar Sigeb in Croni● was Duke was preferred to the Dukedome before his brother Galliasius borne before the Dukedome But these examples notwithstanding and the opinion of sundry Doctors to the contrary common use of succession in these latter dayes hath gone to the contrary and that not without good reason for that it is not meet that any that have right to any succession by the prerogative of their birth-right such as all elder brethren have should be despoiled thereof except there be some evident cause of incapacity to the contrary Besides sundry contentions have risen in kingdomes between Bartol l si viva matre c de b●●is maternis primogeniti sil●● non excludunt secundogenitum in regno ff de liberis posthumis l. in suis the issue of the eldest sonne of the King dying before his father and the second brother surviving the father who should reigne after the father the Nephew challenging the same unto him by the title of his fathers birthright and so by the way of representation for the eldest sonne even the father yet living beares the person of the father how much then rather his father being dead Whereupon the Law cals as well the sonne Filiusfamilias as the father Paterfamilias for that the sonne even during the fathers life is as it were Lord of his fathers state the other claiming as eldest sonne to his father at the time of death upon which title in old time there grew a controversie betweene Areus the sonne of Acrotatus eldest sonne to Cleomines King of Lacedamon Pausanias lib. 3 Histor and Cleomines second sonne to Cleomines and uncle to the said Areus but after debate thereof the Senate gave their sentence for Areus right against Cleomines besides Eunomus King of Lacedaemon having two sonnes Polydectes and Lycurgus Polydectes dying without children Lycurgus Plutarch in vita Lycurg succeeded in the kingdome but after that he understood Polydectes widow had a childe he yeelded the Crown to him wherein he dealt farre more religiously than either did King John who upon like pretence not onely put by Arthur Plantaginet his eldest brothers sonne from the succession of the kingdome but also most unnaturally tooke away his life from him or King Richard the third who most barbarously to come unto the kingdome did not onely slay his two innocent Nephewes but also defamed his owne mother in publishing to the world that the late King his brother was a bastard Our Stories doe not obscurely note that a controversie of like matter had like to have growne betweene Richard the second and John of Gaunt his uncle and that he had procured the counsell of sundry great learned men to this purpose but that hee found the hearts of sundry Noble-men of the Land and specially the Citizens of London to be against him whereupon hee desisted from his purpose and acknowledged his Nephewes right Yet notwithstanding when as Charles the second King of Sicile Vicerius in vita Hen. 7. departed this life left behinde him a Nephew of Charles his eldest sonne surnamed Martellus and his younger sonne Robert and the matter came in question which of them should succeed Clement the fifth gave sentence for Robert the younger sonne of Charles deceased against the sonne of Martellus being Nephew to his Grandfather and so caused the said Robert to bee proclaimed King of Sicile which Clem. c. pastoralis de re judicata was done rather upon displeasure that Pope Clement conceived against the Emperour Frederick than that there was just cause so to doe And yet Glanvill an old reverent Lawyer Glanvil l. 7. c. 3 of this Land and Lord chiefe Justice under Henry the second seemeth to make this questionable here in England who should be preferred the Uncle or the Nephew And thus much of succcession of Kings wherein the eldest among Males hath the prerogative and the like in Females if there be no Male for that a Kingdome is a dignitie undivisible and can come but to one be he Male or Female for that otherwise great governments would soone come to small Rules and Territories And the like that is said of Kingdomes is to be held of all Dignities under Kingdomes where the eldest sonne is to be preferred before all his other brethren and they successively one before an other if there be no issue left of them that goe before and the Male line is to be preferred before the Feminine and the Feminine before all the rest of the kinred so it be not a Masculine Feud and the same intailed upon the heire Male. And thus farre as concerning the matters wherein the Civile Law dealeth directly or incidently within this Realme Now it followeth to shew how much of all those Titles of the Canon Law which have beene before set downe are here in practice among us CHAP. II. SECT 1. Concerning the use which the Canon Law hath in this Realm That some Titles thereof are abolished onely individually and some others are altogether OF those Titles of the Canon Law which before have beene recited some are out of use here with us in the singular or Individuum by reason of the grosse Idolatrie they did conteine in them as the Title of the Authoritie and use of the Pal the Title of the Masse the Title of Reliques and the worship of Saints the Title of Monks and Regular Canons the Title of the keeping of the Eucharist and Creame and such other of like qualitie but yet are reteined in the generall for in stead of them there are substituted in their places holy worships tending to the like end of godlinesse those other did pretend but void of those superstitious meanes the other thought to please God by and so in stead of the Masse hath come in the holy Communion and in place of worshipping of Saints hath succeeded a godly remembrance and glorifying of God in his Saints and so of the rest whereof

doe such service to him and his for the same as is betweene them covenanted or is proper to the nature of the Feude SECT 2. That Feuds are either Temporall or Perpetuall and how OF Feuds some are Temporall some other are Perpetuall Temporall Feuds are those that are given either for terme of a mans life or for yeares or at the will of the Lord for some service done or to be done such as are Annuities given to Lawyers for counsell Pensions given to Physitians for their advise Stipends to any Teacher of Arts and Sciences Fees for keeping of Towres and Castles called by Feudists Castalia and is by Littleton called Castle-ward although by him it is taken for a state of inheritance Perpetuall Feuds are rights which a man hath by grant from the Soveraigne or chiefe Lord of the soyle or territorie to have hold use occupie and injoy honours mannors lands tenements or hereditaments to him and his heires for ever upon condition that the said vassall or partie his heires and successours doe homage and fealty to his Lord his heires and successours for such honours lands or hereditaments and doe him either service in warre according as it is covenanted betweene the Lord and his vassall or such other service as the nature of his tenure doth require or if hee faile therein he shall either finde some other in his roome to doe the same or else pay a certaine summe of money in lieu thereof Although this Tenure by the first creation thereof be perpetuall yet that the soveraignty thereof should not still remaine unprofitable to the first Lord the whole benefit thereof going continually to the vassall or tenant it is provided that the Soveraigne or chiefe Lord the first yeare the heire or successour of the vassall comes unto his land shall have the whole revenue of his livelihood for that yeare or a certain summe of money in token of the returne thereof unto the Lord and the redemption thereof made againe by the tenant which by the Law of the Novels is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and is well nigh the same that wee call livery which every heire that holdeth in Knights service sueth out before he take possession of his land as heire to his Ancestours This Tenure is gotten either by Investiture or by Succession Investiture is the same that we call Creation and is the Investiture what it is Primier grant of a Feude or Tenure to any with all rights and solemnities thereto belonging wherein the homager or feodatarie for the most part upon his knees promiseth faith and allegeance under a solemne oath unto his Lord and his successours Succession is whereby the eldest sonne succeedeth the What is Succession in the Feuds father in his inheritance and if hee faile and have no issue then the next brother and so in order successively and if there be no sonne then the next heire male and if there be no heire male then the land escheats unto the Lord. For the Lumbards from whom the Feuds first came or at the least were chiefly derived from them directing all their policie as the Lacedaemons did to matters of warre had no feminine Feuds among them but after by processe of time there were created aswell Feminine Feudes as Masculine Feuds in so much as where there was no issue male to put them from it women did succeed in the inheritance SECT 3. Of Feudes Regal and not Regal Leige and not Leige and how Feuds may be lost OF Feuds some are Regall some not Regall Regall are those which are given by the Prince only and cannot be given by any inferiour Of these some are Ecclesiasticall as Archbishopricks Bishopricks and such like Others are Civill or Temporall as Dukedomes Earledomes Vicounts and Lords who by that are distinguished from the rest of the people that they haue the conducting of the Princes Armie at home and abroad if they be thereto appointed and haue right of Peeres in making of Lawes in matters of triall and such other like businesses Not Regall are those which hold not immediatly of the Prince but are holden of such Ecclesiasticall or Civill States which haue had their Honours immediatly from the Prince Besides of Feuds some are Leige others not Leige Leige Feuds are they in the which the vassall or feodatorie promiseth absolute fealtie or faith to his Lord against all men without exception of the King himselfe or any other more auncient Lord to whom besides he oweth alleagance or service Of this sort there is none in this Realme of England but such as are made to the King himselfe as appeareth by Littleton in the title of Homage wherein is specially Salve le Foy que je doy à nostre Signour le Roy. Littleton tit Homage excepted the faith which the Homager oweth to his Lord the King Feuds not Leige are such wherein Homage is done with speciall reservation of his faith and alleageance to the Prince and Soveraigne Of such as are Vassals or Leige men some are called Valvasores majores others Valvasores minores Valvasores Vavasors majores are such as hold great places of the state under the Emperour or King as are the degrees of Honour before-named and are called Peeres of the Land who onely gives Nobilitie Valvasores minores are those which are no Peeres of the Land and yet have a preheminence above the people and are as it were in a middle Region betweene the people and the Nobilitie such as are Knights Squires and Gentlemen The Feuds are lost by sundry wayes by default of issue of him to whom it was first given which they call Apertura feodi by surrender thereof which by them is termed Refutatio feodi by forfeiture end that was in two sorts either by not doing the service that his tenure did require or by committing some villainous act against his Lord as in conspiring his Soveraignes death defiling his bed or deflowring his daughter or some other like act treacherous to his Lord unworthy of himselfe CHAP. V. SECT 1. What the Canon Law is in generall What the Decrees are and of how many parts AND so much of the Civile Law the Bookes thereunto pertaining Now it followeth that I doe in like order speak of the Canon Law which is more hardly thought upon among the people for that the subject thereof in many points hath many grosse and superstitious matters used in the time of Papistrie as of the Masse and such other like trumperie and yet there are in it beside many things of great wisdome and even those matters of superstition themselves being in a generalitie well applied to the true service of God may have a good use and understanding What is the Canon Law The Canon Law hath his name of the Greeke word Canon which in English is a Rule because it leads a man straight neither drawes him on the one side or the other but rather correcteth that which is out of

common with others Those are common with others which other men fall into and are corrected with like ordinary proceeding as other crimes of like nature are as man-slaughter theft adultery and such like Those are proper which doe properly appertaine to militarie discipline and are punished by some unu 〈…〉 or extraordinarie punishment as are these not to appeare at Musters to serve under him he ought not to serve to vage or wander long from the Tents although he returne of his owne accord to forsake his Colours or his Captaine to leave his standing to fly over to the Enemy to betray the Hoast to be disobedient to his Captain Coronell or Lieutenant to lose or sell his Armour or to steale another mans to be negligent in forage or providing of victuall to neglect his watch to make a mutiny to fly first out of the field or other like which are delivered in the late cited titles Concerning this Arrian who wrote the life of Alexander the great thus saith Every thing is counted an offence in a Souldier which is done contrary to the common discipline as to be negligent to be stubborne to be slothfull The punishments wherewith Souldiers are corrected are these either corporall punishment or a pecuniarie mulct or injunction of some service to be done or a motion or removing out of their places and sending away with shame By capitall punishment is understood for the most part death or at the least beating unlesse happily it be pardoned either for the unskilfulnesse of the Souldier or for the mutinie of the company being thereto drawen by wine and wantonnesse or for the miseration or pittie of the party offending All which a wise Judge moderateth according to the quality of the person the quantitie of the offence and the opportunitie of the time SECT 6. That the third and last matter of extraordinary Cognisance in the Civill Law here with us concerneth the bearing of Armes and ranging of every man in his proper place of honour and first of Armory THe last extraordinary matter that the Civile Law Judge dealeth in is the bearing of Armes and the ranging of every man into his roome of honour according as his place requires and here first of Armes For skill in Armory although it be a thing now almost proper to the Heraulds of Armes who were in old time called Feciales or Caduceatores because they were messengers of warre and peace either to proclaime the one or denounce the other yet the ground thereof they have from the Civile Law so that thereby to this day they may be directed in their skill or controlled if they doe amisse For besides that there are many other places in the Law C. ut nemo privatus praediis suis vel alienis vela regia imponat ut nemini liceat sine Jud. author signa imponere c. De statuis imaginib ut nemini liceat fignum salvatoris c. De his qui potentiorum nomine titulos praediis suis affigunt ibi doct ff dererum divisio l. sanctum C. de ingenuis manumiss l. adrecognoscenda ff de rerum divisione l. sanctum which touch Armory as appeareth by the titles here quoted in the margent Barthol himselfe maketh a speciall tractate thereof and divideth the whole matter of Armes into three ranks according to the divers sorts of men that bare them for some are Armes of some publick dignitie and office as the Armes of the Legate or Proconsull the Armes of Bishops the Armes of the Lord Admirall other are Armes of speciall dignities as Armes of Kings and Princes which no man is to beare or paint in his house or stuffe unlesse it bee for to shew his duetie or subjection therein The third sort is of those which are private mens Armes of whom part have them by the grant of the Prince or by authoritie of those to whom the Prince hath given power to grant Armes to others as hath the Earle Marshall within this Realme of England others have taken them by their owne authoritie which albeit in former times they might doe as also they might take such names as every one did like of for names and signes in the beginning were invented for to know and discerne one man from an other and as every man might change his name so might hee change his signe so that it were not done in fraud and deceit but after it was forbidden both that any man should C. de mutatione nominis l 1. ff de Falsis l. sal si nominis change his name because it was not thought it could be done with any good meaning and that no man should beare Armes of his owne authoritie and therefore Officers were appointed under Princes as I have said who should give Armes to such as deserved well of the common-wealth either in warre or peace for albeit in the beginning Armes and Colours were proper to men of warre to avoid confusion in the hoast and to discerne one company from an other yet when it came to be a matter of honour it was challenged no lesse by men of peace than by men of warre for true indeede is that saying of Tully Parva sunt foris arma nisi est consilium domi and the Emperour speaking of the benefit that Advocates and such like bring to States L. Advocati C. de Advocatis diversorum ●udicorum and Common-wealths saith thus Advocates which breake the doubtfull fates of causes and with the strength of their defence sundry times as well in publick causes as in private raise up those that are falne and releeve those which are wearied doe no lesse good unto man-kinde than if by warre and wounds they saved their parents and countrey for we saith hee doe not count that they onely doe warre for our Empire which do labour with sword shield and target but also our Advocates for indeed the Advocates or Patrons of causes doe warre who by confidence of their glorious voyce doe defend the hope life and posteritie of such as be in danger thus saith hee and thereupon commeth that distinction of Castrense peculium Et quasi castrense peculium signifying thereby that albeit Counsellours to the state Lawyers and such like be not actuall warriers yet they are representative warriers and doe no lesse serve the Common-wealth than they The Souldier riseth betime in the morning that he may goe forth to his exploit the Advocate that hee may provide for his Clients cause hee wakes by the trumpet the other by the cock he ordereth the battell the other his Clients businesse hee taketh care his tents bee not taken the other that his Clients cause be not overthrowne so then either of them is a warrier the one abroad in the field the other at home in the Citie Besides Barthol treateth in that place what things are borne in Armes either naturall as beastes birdes fishes mountaines trees flowres sunne moone starres or such like or artificiall not taken

translate unto themselves matters of Marine triall if they be squared to these Rules of Fictions can bee maintained for first to speake of equitie which the Law requires in these manner of proceedings what equitie can it be to take away the triall of such businesse as belongeth to one Court and to pull it to an other Court specially when as the Court from whence it is drawne is more fit for it both in respect of the fulnesse of knowledge that that Court hath to deale in such businesse and also of the competencie of skill that is in the Judges Professours of those Courts correspondent to these causes more than is in the Judges and Professours of the other Courts for the deciding and determining of these matters For albeit otherwise they are very wise and sufficient men in the understanding of their owne profession yet have they small skill or knowledge in matters pertaining to the Civile profession for that there is nothing written in their Bookes of these matters more than is to be gathered out of a few Statutes of former time whose drift was not to open any doore unto them to enter upon the admirall profession but to preserue the Kings Jurisdiction from the Admirall incroachment as may by the said Statutes appeare whereas contrarily the Civile Law hath sundry titles included in the body thereof concerning these kindes of causes whereupon the Interpreters of the Law have largely commented and others have made severall Tractates thereof So that by all likelihood these men are more fit and better furnished to deale in this businesse than any men of any other profession as having besides the strength of their owne wit other mens helpes and labours to relie upon Besides this businesse many times concerns not only our owne countrey-men but also strangers who are parties to the suit who are borne and doe live in countries ordered by the Civile Law whereby they may bee presumed to have more skill and better liking of that Law than they can bee thought to have of our Lawes and our proceedings and therefore it were no indifferencie to call them from the triall of that Law which they in some part know and is the Law of their countrey as it is almost to all Christendome besides to the triall of a Law which they know in no part and is meere forraine unto them specially when the Princes of this Land have anciently allowed the Civile Law to be a Common Law in these causes as well to their owne subjects as it is to strangers Further the avocating away of causes in this sort from one Jurisdiction to another specially when the cause hath long depended in the Court from whence it is called insomuch as now it is ready for sentence or rather is past sentence and stands at execution cannot be but great injurie to the subject after so much labour lost and money spent in waste to begin his suit anew againe which is like to Sysiphus punishment who when he hath with all his might forced his stone up to the top of the hill and so is as himselfe hopes at an end of his labour yet the stone rowles downe again on him and so his second labour his strength being spent with the toyle of the first is more grievous than the former was which being semblably true in a poore Clyent who hath his cause in hearing there can be no equity in this fiction whereby a cause so neere ended should againe be put upon the Anvill as though it were still rough worke and new to be begun And surely as there is no equity in it so there is no possibility such a fiction should be maintained by Law for that it hath no ground of reason to rest his feete on For if this be granted that such a fiction by Law may be made then one of these absurdities must needes follow either that a shippe may arive in a place where no water is to carry it or if that it arive according to the fiction either the people their houses and their wealth shall be all overwhelmed in the water as the world was in Noahs Floud Ducalions Deluge and so no body there shall be left alive to make any bargain or contract with the Mariners Shipmen that arive there or that the people that dwell there shall walk upon the water as people doe on land which Peter himselfe was not able to doe but had suncke if Christ had not reacht his hand unto him and therefore far lesse possible for any other man to doe So that it may bee well said these things standing as they doe no such fiction can hold and that no action can be framed upon it for as there is no Obligation of impossible things so there is no Action of things that neither Nature nor Reason will afford to be done neither is it to the purpose that the maintainers of these fictions doe say that in this case the place where the contract is made is not considerable which I take to be farre otherwise for that when that themselves will convey a Marine cause from the Sea unto the Land they will lay it to bee done in some speciall place of a Countrie bee the place never so unproper for such an action for that the foundation of these actions is the place where they were done as namely that they were done in the body of such a Country or such a Country and not upon the maine Sea or beneath the lowest bridge that is upon any great river next the Sea And therfore in two emulous Jurisdictions when they are so divided as that one is assigned the sea the other the land the place of the action can in no sort be suppressed and another supplyed in the roome thereof Quod enim una via prohibetur alia via non est permittendum quod prohibitum est directo prohibetur etiam per obliguum for if this were granted then matter enough would bee offered to one Jurisdiction to devour up the other and the Law would be easily eluded which to restraine either of these Jurisdictions to their owne place and to provide that one in his greatnesse doe not swell up against the other hath set either of them their bounds and limits which they shall not passe which as it is the good provision of the Law so ought either Jurisdiction in all obedience to submit it selfe thereunto for that the diminishing of either of them is a wrong to the Prince from whom they are derived who is no lesse Lord of the Sea than hee is King of the Land and therefore in no sort such liberty must be allowed to the one directly or indirectly as that it should be a spoile unto the other which would easily come to passe if when as the Law alloweth not any man to sue a Marine matter by the ordinary course of the Lawes of this Land yet a man will follow it by an extraordinary But where there is an