Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	brother_n	king_n	son_n	9,077	5	5.2235	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B13659	The second part of the Parallele, or conference of the ciuill law, the canon law, and the common law of this realme of England Wherein the agreement and disagreement of these three lawes touching diuers matters not before conferred, is at large debated and discussed. Whereunto is annexed a table ... Handled in seauen dialogues, by William Fulbecke.; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 2	Fulbeck, William, 1560-1603?	1602 (1602)	STC 11415a; ESTC S102691	206,828	373

lands and tenementes and so it is of an attainder by confession i Parkins Graunts 6. But M. Stamford being better aduised saith that as soone as any of the offences aforesaid are committed hee is restrained to make a gift or any other alienation of his lande and if he doe it shall presently bee made void by his attainder and it is not materiall whether the attainder be by outlawrie or verdict and this is agreeable to the booke of 38. E. 3. fol. 37. k Stamford fol. lib. 3. 31. ● but he saith that the forfeiture of the goods by attainder by outlawrie shall haue relation to the exigent and forfeiture by attainder by verdict shall haue relation to the verdict l Stamford 192. The third Chapter That the worthinesse of blood hath beene principally respected of all nations THe diuision of inheritances in stirpes in capita hath made great diuision in diuerse common weales yet in all of them the worthinesse of bloud hath beene regarded By the Romane law the sonne of the elder sonne who is dead shall equally succeede in the inheritance with the second sonne And whereas in Germanie there was a contention betwixt the vncles and nephewes of the right of inheritances and for the deciding of it the Emperour Otto the first did cause a Parliament or generall assemblie of estates to be held for the disceptation and deciding of this doubt When after much busines and argument no determination could be had the matter was ordeined to be tried by single combate an vsuall thing in these daies for it was about the yeare of the incarnation of our Sauiour nine hundred fortie and two a Witichindus lib. 2. histor 2. Sigebert in chronic Ottonis 1. and a formall triall referred to God when mans wit was at a nonplus But in this case that part ouercame which did accompt the sonnes of elder sonnes as sonnes and therefore it was ratified by Law that they should equally diuide the inheritance with their vncles Amongest other nations diuers contentions haue risen about this matter for when Eunomus the King of the Lacedemonians had two sonnes Polydectes the elder and Lycurgus the yonger and Polydectes deceased leauing no sonne lyuing at the time of his death and therefore Eunomus being dead the septer of that kingdome came to the handes of Lycurgus afterward when Polydectes his widow had brought forth a sonne Lycurgus did willingly and readilie yeeld to him the septer b Plut. in vit Lycurg Iustin lib. hist 3. Which act of Lycurgus agreeth fully with our Law whereby it is ruled that if a man haue a sonne and a daughter and the sonne purchaseth land and dyeth and the daughter entreth and after the father begetteth an other sonne of the same wife this sonne shall haue the land c 19. H. 6. 6. So if a man enfeoffe an other vpon condition and the condition is broken and the feoffor dyeth without issue his wife priuement enseint and the brother of the feoffor entreth for the condition broken and after a sonne is borne he shall auoide the possession of his vncle may lawfully claime the inheritance d 9. H. 7. 25. And it is likewise said that after two or more discents the heire afterward borne claiming by discent may enter into the land but he shall not haue a writ of Accompt for the mesne profites nor any writ of Wast e 9. H. 6. 23. But in cases of purchase the Law taketh a difference and therfore it is said 5. E. 4. by Billing that if a man deuise land to a man and his heire and the deuisee dieth hauing issue a daughter his wife being priuement enseint with a sonne who is afterward borne the daughter shal reteine the land in perpetuum which the Court graunted f 5. E. 4. 6. And 9. H. 6. it is said that if a remainder cannot veste in any at the time when it falleth it shall not veste in him that is borne afterward where an other hath entred before g 9. H. 6. 23. 2. Eliz. 190. pla 18. But to retourne to the examination of this matter by historie Pausanias reporteth that Cleomenes the king of the Lacedaemonians being dead a controuersie sprung betwixt Areus the sonne of Acoratus the eldest sonne of Cleomenes who died before his father and Cleonymus the second sonne the vncle of Areus but by Senate-decree the kingdome was adiudged to Areus h Pausan lib. 3. And Polydore Virgill reporteth that king Edward the third being deceased Richard the second the sonne of his eldest sonne obteined the kingdome and was preferred before Iohn Edmund and Thomas the sonnes of king Edward i Polyd. virg in hist reg Angl. Paulus Aemilius an excellent writer of the matters of Fraunce likewise telleth that when Hanno had inuaded the kingdome and expulsed Erkenbalde the sonne of his elder brother this matter was brought into question in the ende Hanno was constrayned to laie aside armes and to stande to the iudgement of the Peeres who adiudged that Erkenbalde should haue the same power and interest in the kingdome which his father might haue had if he had suruiued k Paul Aemil. in tit Carol. Crass Neither will I denie that examples may be produced on the contrarie part as namelie the contention betwixt Artemenes and Xerxes for the kingdome of Persia for it is deliuered by Herodotus l Herodot lib. 7. Iustin m Iustinus lib. 11. Plutarch n Plut. in Artaxerx that a controuersie beeing raysed in the kingdome of Persia betwixt Artabazanes as Herodotus Artemenes as Iustinus calleth him and Xerxes the sonnes of Darius Hystaspes about the succession in the Monarchie of Persia Demaratus was at the same time there who was driuen and expulsed out of the kingdome of Sparta and he signified vnto them that the Law and custome of the Spartanes was that the sonne that was borne after the father had attained to the kingdome was to be preferred before the elder brother who was borne before for which cause the kingdome was adiudged to Xerxes the yonger sonne who was borne of Darius being king whereas the other was begotten of him being a priuate man But this iudgement was after reuersed For when after the death of Darius the same controuersie was handled betwixt Arsica begotten of Darius being a priuate man and Cyrus being borne of him after his aduauncement to the kingdome and Parysatis the mother did in the behalf of Cyrus vrge and reuiue the controuersie betwixt Xerxes and his brother the Persians notwithstanding the former iudgement did now adiudge the kingdome to Arsica o Plut. in vit Artaxerx Neither am I moued though in the contention for the Dukedome of Millayne betwixt Lodwike and Galeatius bretheren whereof the one was borne before his father obteined the Dukedome the other after the contrarie were determined for Law p Guicciard lib. 1. histor For by the most examples of euery

in this consorteth with the ciuill law for it is a good plea for the executor to say that hee had fully administred before he had notice of the writte of the plaintife g 7. H. 4. ●0 Plowd com 277. for though hee doe pay debtes vpon contractes the writte depending against him vppon a bonde whereas hee had no notice of the suite he shall not bee in such case charged h 2. H. 4. 21. And 3. H. 6. in an action of debt vpon an obligation of twentie pound brought against executors they pleaded riens enter maines that they had nothing in their hands and it was founde by verdict that they had tenne pound in their handes wherefore the plaintife had iudgement to recouer so much as was found of the goods of the deade and the dammages of the goodes of the executors for their false plea i 3. H. 6. 4. But in Dauises Case in the Commentaries it was otherwise ruled that nothing should bee put in execution vpon such a plea but onely the goodes of the dead k Dauis C. com 440. But in a Fieri facias vpon a recouerie against executors the Sheriffe returned a deuastauerunt wherefore the Court did graunt a writte to haue execution of the goods of the dead and if there were no such goods then of the goods of the executors l 11. H. 4. 70. And 4. E. 3. in an action of dette brought against the executors it was found that they had fully administred and the opinion was that the Iurors should set downe in certaine how much they had administred because they shall not bee charged but onely according to that which is found by inquest m 40. E. 3. Statha tit executors But it was said 34. H. 6. that when the executors doe plead fully administred but onely for so much their plea is found the plaintife shall haue iudgement to recouer all his dette but he shall not haue execution but onely of the goods in their hands n 34. H. 6. stath tit Execut. But it is good to bee considered what may properly bee saide assets in the handes of the 9 What may properly be said to be assets in the hands of the executors executors if the executors doe merchaundize with the goodes of the testator the increasall of them shall bee assets in their hands and shall charge them and they cannot plead that they haue fully administred when they haue such assets o 11. H. 6. 35. per Bal. And if executors doe sell the goodes of the testator and doe buy them againe they remayne in their handes as assets because they were the same goods which were the testators p 18. H. 6. 4. But then it seemeth that the money which they had for the sale of the goodes was wasted by them and not conuerted to the vse of the testator for otherwise there is no reason but that they should haue a propertie in them to their owne vse for if the executors pay the debtes of the testator of their owne goodes they may retaine the goodes of the testator to the value in their handes to their owne vse q 6. H. 8. 2. Dy. But it was held by M. Fitzherbert 27. H. 6. that where a man is indebted 40. pound to one and 30. li. to another dieth and hath but 40. li. and his executors or administrators agree with the creditor of 40. li. for 10. li. and haue an acquittance of the 40. li. yet the thirtie pounds which remaineth in their hands shall bee assets r 27. H. 8. 6. per Fitzh And so a gage being ransomed shall bee assets in their handes but according to M. Frowikes opinion it shall not bee assets if it were ransomed with their owne money ſ 20. H. 7. 2. But as M. Brooke noteth wel abridging the case abouesaid of 20. H. 7. the money which commeth in lieu of a pledge being gaged to their testator shall bee assets in their handes So it hath beene adiudged that if a man make a feoffement vpon condition that the feoffee shall sell the lande and distribute the money to the vse of the testator whereupon he selleth the land and the feoffor maketh him his executor the money taken for the land sold shall be adiudged assets in his hands t 2. H. 4. 21. Executors 51. 3. H. 6. 3. So if the executors pleade fully administred and it is found for them and after certaine goodes of the testator come to their handes wherefore he which brought the first action of dette bringeth the same against them againe this action is well maintenable u 7. E. 4. 8. per Littlet Danby Nomomath You haue satisfied mee for this point Anglonomoph Now I pray you Codicgnost strayne your endeuour a little to resolue me vpon point of execution to be sued vpon these dettes I haue reade that in ancient time it was a law amongst the Romans that if a man greatly indebted were not able to discharge the dette his bodie was mangled and cut in 1 The rigorous law of the Romanes in their execution for dette peeces and the greatest portion of it giuen to his greatest creditor a lesser to him to whom he did owe lesse and so pro rata x Paul Manut lib. de legi Roma which lawe beside the monstrousnesse of it in such a common weale was verie inhumane for the creditors might if they would in their furie by this law cast the members and partes of the bodies of their debtors to dogges and other brutish beastes so that that the Romanes had not so much care of their Senators gentlemen and citizens as the friendes of Diogenes had of him For when the Cynicke laye vpon his death-bed his friends which were then about him asked him in curteous manner where he wold be buried he thinking perhaps that a man was nothing but a mind answeared them that he would bee buried in the dunghill and they replyed that that would be verie inconuenient for the dogges would then rake him vp and deuoure him Then said he lay some staues by mee to beate away the dogges but they told him that hee could haue no sence in his bodie after his death then quoth he what neede I feare the dogges This was but the glaunce of Diogenes who made more accompt of his scoffe then his state But others more ciuill doe thinke it a great losse shame and indignitie that a mans bodie should not be buried wherefore Lucan sharpely inueyeth 2 The execution of the Romanes greatly to bee reproued because it did depriue men of buriall against Caesar Tu cui dant paenas inhumato funere gentes a Luca. lib. 7. And it is the iudgement of all antiquitie that without verie heynous fault the partes of a mans bodie should not bee debarred from sepulture Romulus though hee had caused to be slaine his brother Rhemus and after his death did continue his fury

fault when it is publikely done it is accounted a vertue the greatnes of crueltie not the reason of innocencie doeth purchase impunitie and pardon And fitly to the same purpose though not purposely for the same Lawes haue agreed to sinnes and that is admitted to bee lawfully which is publike h Cypr. 2. ep 2 And Seneca againe Small theftes are punished great are caried in triumph i Senec. ep 88 Tertullian saith that wrong is proper to warre and as farre as his authoritie stretcheth prohibiteth battaile to Christians k Tertullia adu Iud. but sithence the time of Tertullian these opinions haue beene confuted of Diuines Ciuilians and Philosophers for warre is according to lawe though many mischeefes do steigne it for there doeth ensue good of it when rebels are reduced to obedience and when peace is accorded and that whose end is good is also good it selfe for the end of war is peace to which and to common equitie without bloudshed and these iniuries of warre men do seldome attain Neither doth Seneca disalow all warres for he praiseth the warres of Hercules l Senec. lib. 1. de benefi as to Tertullians saying hee did speak it vpon the consideration of such things which are vniust and are often done in warre not impeaching that which is vsually done of them that be iust to Lactantius Cyprian answere may be made after the same sort Notwithstanding I would not haue this poyson of war admitted into any commonweale vnlesse it be to expell an other poison nor this furie to be let loose vnlesse it bee to coole the furie of others or vpon like necessitie But now let vs sift the precedent definition of warre more narrowly and consider how warre may bee iustly maintained on both sides which both Diuines Ciuilians m Conua reg peccat §. 18. Soto 5. de iust q. 1. 7. view relect haue thus expounded saying that it may bee truely and verily iust on the one side on the other by ignorance as by the voice of God the Iewes did iustly moue warre against the Cananites and the Cananites did iustly resist the Iewes not knowing God his will and defending themselues and therefore it was well said of Pope Pius the second to the embassadors of the king of Hungarie who did speake against the Emperour that he thought the king of Hungarie would not depart from right and reason and hee knew likewise that the Emperour was a louer of iustice howsoeuer nowe they did discent by warre and that neither of them thought that hee had an vniust cause of warre n Com. Pij 2. lib. 3. Cicero speaketh fittely to this purpose of the faction of Caesar and Pompey There was some obscuritie there was variance betwixt two excellent Captaines many doubted what was the best many what was expedient for them many what was decent some what was lawfull o Cice. pro. Marcel but the Ciuil law doth attribute the rightes of warre vnto both parties the things that be possessed by warre it giueth to the possessor captiues it maketh bond seruants to both Now it is conuenient to discend into a more particular consideration of the causes of warre which must not be attempted onely vpon an immoderate desire of enlarging dominions or increasing riches To assault thy neighbours by warre saith Augustine and to vexe people that doe thee no hurt through an ambitious desire what is it els but a great robberie p D. August in 4. de ciuitat Dei Therefore the saying of the Barbarian was as barbarous as himselfe That is most iust in prosperous fortune which is most forcible and that it belongeth to a master of a familie to keepe his own but to a king to contend for that which other men possesse But Attila which did not attend any cause or occasion of warre did therefore worthely dedeserue the hatred of all men as being an enemie to q Tacit. Ana li. 15. all men r Ior. de o● but the Turkes do otherwise who most commonly pretend a cause of warfare and therfore Soliman when hee endeuoured to winne the kingdome of Cyprus from the Venetians beganne to consider what pretenses he might make for the taking of armes because it is not as one saith the custome of the Ottomans vpon a rage or heate of mind to enterprise warre ſ Natal com lib. 1. It is a beastly part hauing receiued no iniurie to commit slaughters of men and depopulations of cities and countries therefore princes many times pretende causes of war where in truth there is no cause And Moyses sought for a good cause of quarrelling with the Emorites though hee had a cause absolutely iust namely the commandement of God For when by vertue of the same commandement he was to make warre against the Emorites vtterly to destroy them hee sent messengers to their king which might signifie thus much I will passe by thy land we will not turne into thy field nor vineyard nor drinke the water of thy well wee will keepe the right path vntill we be past thy borders Therefore let there be a cause of warre and let it be no small cause for parum a nihilo vix distat And as Propertius saith Frangit attollit vires in milite causa Quae nisi iusta subest excutit arma pudor Iust cause of warre is the defence of our countrie our selues our friends our fellowes goods A defensiue warre is grounded vpon the lawe of Nature therefore C. Pontius the Captaine of the Samnites said well That warre was iust vnto them to whom it was necessarie and that their armes are honest which haue no hope of safetie but in weapons Likewise it is a iust warre which is taken in hand for the recouerie of thinges wrongfully and by force taken from vs by our enemies t c. iustum q. 2 August q. 10. sup Iosu lib. 2. or that the authors of the iniurie at least may be yeelded vp into our hands to bee punished if they did it not by publike decree but by priuate malice therfore Dauid after the death of Saule did maintain warre against Isboseth the sonne of Saule who did go about to vsurpe the kingdome of Israel which God by Samuel the Prophet had giuen vnto Dauid u 2. Reg. c. 2. and Romulus did therefore fight against the Sabines because their Dictator Cluitius would not restore the things taken from the Romanes by violence nor yeelde vp into his handes them that did wronge a Dionis Halicarn lib. 3. And the reuenge of an iniurie most despightfully done is likewise a good cause of warre Therefore Dauid did iustly wage battell against the King of the Ammonites for the disgrace and abuse offered to his ambassadors b 2. Regu c. 20 duob sequenti and that prince hath iust cause of warre who pursueth by armes rebelles and such as swarue from obedience c c. auctor it vs. quaesti 6. cap. scir 103.

the Salmon and the Conger Cast an eye vpon the beastes of the field the Lyons the Pardes the Elephants and Panthers do excell looke into the bowels matrice of the earth ye shall haue gold siluer brasse to exceed all other mettals search into the inwards and the very closet of nature the best of the grosser stones are the Loadstone the marble and the Alabaster amongst the precious stones the Diamond the Topas the Turkoise the Smaragde the Saphire the Chrysolite Wherefore the difference of estates degrees is well limited and expressed by the custome of nations the discrepance betwixt noble and ignoble well constituted which first I will generally handle as it were opening the signification of the words and afterward more fully particularly as drawing it in a map by pencill This world nobilis if it be generally taken extendeth as wel to gentlemen as to them which by preheminence we cal noble for nobilis is quasi noscibilis either for his stocke or for vertue the nobilitie of stocke or bloud hath been more obserued of the Hebrews Grecians of vertue by the Romanes and them of the Northerne regions so he hath beene accompted ignoble who hath not beene known nor noted for some eminency rarenes according to the verse Solus vbi in siluis Italis ignobilis aeuum Exigerit Amongest the Graecians at the first they onelie were accompted noble who could deriue their pedigrees from kinges or princes or some other great and famous men as from Hercules Cecrops Aeacus and the like or such as by publike decree and singuler demerit had obteined a crowne of gold or some statue to be erected for them And amongest the Iewes they onelie were accompted noble which descended from the stocke of Aaron or the kinges of Israell and Iuda But the Romanes were farre otherwise minded for as Salust saith Hostem ferire murum ascendere conspici dum tale facinus facerent properabant eas diuitias eamquè bonam famam magnam nobilitatem putabant a Salust in Iugurth And an other Romane saith Genus qui laudat suum aliena laudat b Senec. And an other namelie Ouid Nam genus et proauos quae non fecimus ipsi vix ea nostra * Ouid. Metamorph lib. 13. voco which golden saying so much pleased that worthie and noble knight Sir Philip Sidney Learninges champion Englands miracle Europes fauorite of whom the wordes of Horace may be verified if euer they might be truely pronounced of any Dignum laude virum Musa vetat mori I say they so much pleased him that he vsed them for a mot And I know not whether Ouid his inuention * Ouid. or Sir Phillippes election be more to be commended And nobilitie without vertue and merit was accompted as an image without life For Salust saith Reliqui sunt inertissimi nobiles in quibus sicut in statua praeter nomen nihil est additamenti for what difference was there betwixt Ciceroes statue and Ciceroes drunken sonne sithence both of them had the name neither of them the qualities of Cicero But as well the Graecians as the Romanes did agree in this that for the rewarding of vertue and the honoring of desert and the animating of others they did allow Scutchions and Armorie Crestes and Cognisances to men of speciall note Which our auncestors saith Plinie the representations of their dead fathers were proposed to view their countenances were resembled and engrailed in their Armorie that there might be some ornaments to decke and beautifie the celebration of publike funerall Now to speake more particularlie of the degrees of men according to the Law of Nations The degrees of Citizens are to be vnderstood these which make a difference by state or place not by sexe as Bodinus grosselie imagineth c Bodin lib. 3. de rep c. 8. for if there were none but males in a citie yet it should be a citie otherwise how was Rome a citie before the entermariage of that people with the Sabine dames d Liui. lib. 1. By the customes of Perusia and Florence euery one that followeth the standerd and is initiated entred into militarie profession doth presentlie of a yeoman become a gentleman e Bartol in lib. 1. de dig●it ci● But in Fraunce as Bodinus reporteth gentrie is not gained by vndertaking seruice in warre but by continuing in the same if their issue or posteritie do also mannage armes their issue and posteritie are reputed gentlemen f Bodin lib. 3. de repub c. 8. But the Venetians doe measure gentrie and nobilitie by Senatorie state yet I take it to be after the maner of the auncient Romanes who did not accompt any Equitem Romanum which was not a Senators sonne yet manie meere soldiers were admitted of the Senate Which facilitie of the Romanes in bestowing dignities did afterwards turne to their great daunger and molestation for C. Marius was onely a soldier hauing spent his verie Consulships euen sixe Consulships in warres and the seauenth should not haue been vnlike to the rest if God had not preuented him by death and continuallie before that time hee was employed in warre either vnder Scipio the sonne of Paulus Aemilius or some other great Capitaine But this man being more in conuaie then counsell did more hurt then profite the Romane common weale So did Iulius Caesar so did M. Antonius though these later were somewhat more then meere souldiers But amongest the Aegyptians none could be souldiers but the Calasyri and many yeares after when it was vnder the dominion of the Sultanes the Memmeluci who therefore had speciall immunities liberties graunted vnto them but a meere souldier amongest the auncient Romanes though he were of excellent desert yet was accompted but as a plebeian and not noble which may easily appear by the speech of L. Siccius Dentalus madein the Senate house who boasted that he had serued in warre fortie yeares for his countrie that he had fought in an hundred and twentie battailes that he had receiued fortie and fiue woundes and twelue of them in one day and all of them aduerso corpore encountring the enemie face to face that he had purchased fourteene cibicall crownes three obsidionall foure-score and three golden chaynes a hundred and three-score golden bracelets ten goodlie speares fiue and twenty faire and costlie arming saddles g Dionys Halycar Yet this man hauing no other meanes to attaine to gentrie and nobilitie was accompted of them in the number of ignoble persons h Salust in bel Iugurth loq de Mar. Augustus Caesar a notable wise Emperour did supplie the want of Senators with rich men i Tranquil in August though not verie wise because he perceiued that the notable order of Senators which stoode much vpon cost and expence wherupon I am perswaded these wordes issued from him Duas habeo superbas filias Iuliam et Rempub. k Macrob. in Saturnal would otherwise