Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	child_n	father_n	life_n	5,155	5	4.4801	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A76259	A help to magistrates, and ministers of justice, also a guide to parish and ward-officers. : Containing, 1. Plain directions for justices of the peace ... 2. To their clerks in drawing forms of warrants, and other necessary writings. 3. A help to grand and petty juries. 4. Penalties upon forestallers ... 5. The rates of servants wages ... 6. Some directions to coroners and their inquests ... 7. Customs ... peculiar to the city of London in privileges, law-matters ... 8. The office and duty of a high constable ... 9. The office and duty of churchwardens and sidesmen. 10. The office and duty of the overseers of the poor. 11. The office and duty of toll-keepers and fair-keepers. 12. The office and duty of surveyors of highways, scavengers, &c.	P. B., Gent.	1700 (1700)	Wing B150A; ESTC R172533	117,286	226

Dying in six Months these are Murther and so noted by Dalton Lambert Crompton and others and the Statute of Stabbing 1 Jac. 1. c. 8. Dalt 343. To Kill an Officer known in Executing Process Dalt 343. So to Kill an Officer unknown if he shew his Warrant and if an Officer hath the King's Writ or lawful Warrant though the Process be Erroneous in Awarding or one Process taken for another and the Officer be Slain in Executing it it is Murther Dalt 343. 2 Cro. 280. 9 C● 68. Lamb. 240. So tho' the Arrest were made in the Night-time But where the Arrest is Tortious or where an Officer not known shews not his Warrant or the Arrest be made on the Lord's-day usually called Sunday by Stat. Caroli 2. it is but Manslaughter ibid. It is Murther to Kill a Magistrate or Minister of Justice in Executing his Office or in keeping the Peace Crompt 25. B. Numb 51. Dalt 343. An Officer Whipping or Branding to Death is Murther 344. A Rioter Killing an Officer or Assistant coming to Suppress a Riot it is Murther in the Rioters Dalt 443. Crompt 23. B. Numb 28. Lamb. 241. A Thief Killing a True Man resisting it is Murther of Malice Propense for here Malice is implyed by the Law because the Thief came purposely to do an ill Act tho' not purposely to Kill the Man See Lamb. 241. Dalt 344. Crompt 22. a. Numb 13. 9 Co. 67. One Assaulting another after the Assault flyeth to the Wall and then Killeth the other it is Murther for he Slew him in the said Malice wherein he did Assault him Lamb. 239. One Condemn'd to Die is Killed by a private Person without Warrant or by the Judge who Condemneth him or by the Officer contrary to the Judgment it is Murther Dalt 340. Lamb. 24● 5 Eliz. 1. So a Physitian or Surgeon having Malice Applies a contrary Medicine of which the Patient Dies Dalt 344. A Person carrying his Sick Father c. and laying him in the cold Frost c. so that he Dies is Malice for by it the Law presumes he intended his Death So a Strumpet covering her Child with Leaves in the open Way c. to hide it and a Beast tramples on it and Kills it or a Cart goes over it c. Lamb. 240 Dalt 352. and of the former Dalt 344. Lamb. 740. And many the like Cases too long to be here set down where there is Malice fore-thought Propense or that the Law presumes or implies it to be Malice in the Party who Kills another or sets on another to do it by Assassinating c. CHAP. XXXV Homicide and Man-slaughter Felo de se c. HOmicide is Killing of a Man by Man Dalt 339 349. Exivi Termini comprehends Treason Murder c. It is no difference whether the Party Slain be a Denizen Alien or English Man if he lives under the King's Protection Dalt 340. Lamb. 237. Crompt 221. ● Numb 1. To kill one Attainted for Treason or Felony or Outlawed for Felony or Attainted in Premunire is Felony by 4 Eliz. Stamford 13 Dalt 342. Crompt 24. a. Num. 39. Homicide is either killing himself Felo de se or by another and Felo de se a Man by killing himself Forfeits to the King his Goods and Chattels Real and Personal and his Debts due by Speciality Dalt 341. But no Lands nor Blood Corrupted ibid. But his Goods are not forfeit till his Death ibid. An Infant or non Compos mentis does not forfeit but a Lunatick killing himself out of his Lunacy doth forfeit his Goods Dalt 340. Homicide of another is either Voluntary or Involuntary Voluntary is Murther vide Murther or Manslaughter Manslaughter is when two Men c. fight together on a sudden without precedent Malice and one of them kill the other Dalt 349. Lamb. 248. Crompt 16. a. Manslaughter is either by Chance-medley or se defendendo House and Goods By Chance-medley is Felony but may have Clergy Dalt 349. One Fighting breaks his Weapon another standing by puts one into his Hand or otherways lends it him and with it he kills another it is Manslaughter in the Lender Dalt 134. Crompt 16. b. Numb 12 Lamb. 252. The Servant Fighting in his Master's Defence though there were Malice in the Master and not told to the Servant and one be killed Lamb. 248. So a Stranger taking part Lamb. 238. is Chance-medley Dalt 348. If two that were in Malice are Reconciled and fall out upon a new Occasion and is killed it is Manslaughter only Dalt 350. Lamb. 250. Se defendendo is where one killeth another in the necessary Defence of himself or his thereby to save himself or his Possessions or Goods or some other Person which he is bound to defend from Peril and it is either against a Felon Murtherer Thief or Loyal Subject Dalt 356. Lamb. 152. Against a Loyal Subject if he be Assaulted by another Man he must fly so much as he may till he be letted by some Wall or other material Hindrance that his Necessity of Defence may seem Inevitable and he shall be Committed till the time of his Trial lose his Goods and Sue out his Pardon Lamb. 253. Dalt 35. It is not material if he strikes again before he gave any deadly Wound if he flies to the Strait Dalt 357 358. If a Man fly to a Wall and hold out his Weapon if the Pursuer run upon it and is killed it is se defendendo and forfeiteth his Good Crompt 28. a. Numb 7. Dalt 349. But if he had fallen on the Ground and the other fall on it and kill himself there is no loss of Goods for he could not fly and the Slain is in a sort Felo de se ibid. P. R. 122. b. Stam. 16. a. If a Man fall to the Ground there his flying to a Strait is not necessary because he might be there inevitably killed if he did not defend himself Dalt 347 358. An Officer or Minister of Justice Executing his Office is not bound to fly Dalt 358. Coke 99 98. If a Servant Kill one that Robb'd or Kill'd his Master so it be done presently or in defence of his Master's Person or Goods if he could not otherways have avoided the same Dalt 358. Crompt 28. Numb 2. To Shoot at one that comes to Burn a Man's House is justifiable in him or his Servants Dalt 356. c. In the Defence of the Possession of a Man's Goods or House he may justify to Beat him but may not Kill him though the Party come wrongfully to take his Goods unless he be a Thief Dalt 358. c. To Kill a True Man in Defence of House Goods or Land is Man-slaughter Dalt 358. Crompt 27. b. Numb 4. CHAP. XXXVI Involuntary Homicide THis is either by Mis-adventure or Necessity The first is when a Man doing a lawful Act Killeth a Man This is not Felony of Death but he shall have his Pardon of Course for Life and Lands but forfeiteth his Goods

Lamb. 254. Dalt 351. For Example A School master Father Mother or M ster Correcting a Child Scholar or Servant Moderately Shooting at Pricks Butts or lawful Marks A Work-man casting Tiles Timber or Stone from off a House or any thing from a Cart and giving warning or doing other lawful things giving warning But the Killing of a Man in doing any unlawful Act without evil Intent is Felony as shooting Arrows casting Stones into Highways where People resort or unto other places of usual Resort Dalt 352. If a Man be Slain by the Fall of a House or Tree by a Beast c. Any Party by a wilful Default causing it it is Felony Dalt 251. The thing that causes the Death is a Deodand and forfeited to the King Dalt 353. Crompt 35. a. Deodands are not Forfeit till the Matter be found on Record If a Man be Slain under 14 Years of Age nothing is forfeited as a Deodand Dalt 353. Lamb. 21 c. These Generals and Particulars among others are to be taken notice of by the Coroner on the view of Dead Bodies hearing of Evidence upon their Inquisition and others concerned as Occasion shall administer that Justice may be done and Matters so ordered as may make things bear a true Face in the Eye of the Law And so in this Briefness for want of a larger Scope I am constrain'd to end what relates to the Office of a Coroner out of which he may gather many useful Matters and Things to his great Easement in performing the weighty Trust reposed in him CHAP. XXXVII Customs Advantages c. peculiar to the City of London Statutes made in its Favour Of the Court of Request commonly called the Court of Conscience c. THE City of London enjoys many Priviledges by Charter and Customs which in some Cases bear the Force of a Law or are Equivalent to it as well as many Statutes made in Favour of that City the Metropolis of England and for Trade and Riches Famed throughout the known World some of which Advantages for the better Information of those that are Ignorant of them I shall set down in their Order Feme sole Merchant A Feme Covert shall have Action without her Husband she being the Wife of a Freeman of London by the Custom of the City of London and an Action may be brought against such a Woman sole Merchant without naming her Husband but it seems her Dealing must be different from his c. 1 Edw. 4. P. 1. 35 Hen. 6.38 Where Plaint is entred against the Husband and Wife in London because the Wife is a sole Merchant or against another to find better Sureties there if the Suit be here in Trespass or otherwise and the Wife appeareth upon an Exigent upon a Habeas Corpus or cometh in upon a Cepi Corpus so as she cannot make an Attorney here although the Plaint be upon the Custom only for which at the Common-law there is no Remedy yet the Prisoner may be Discharged of the first Suit and shall be sent to the Fleet c. And if he who is Out-lawed coming to Sue forth his Charter of Pardon be Arrested he may have his Priviledge and so it is of one who cometh to Sue forth a Writ of Error he shall have his Priviledge here if be be Arrested in the King's-bench M. 9. E. 4.35 36. Where a Gift of Goods by a Woman is Pleaded in Bar in an Action of Trespass brought if the Plaintiff say the Woman was his Wife at that Time if he say that the Custom of London is that Women are sole Merchants c. The same is a Departure Hen. 7.21 H. 18. B. 1. In London a Debt upon simple Contract is good against an Executor M. 1. E. 4.6 P. 1. CHAP. XXXVIII Where an Action will lye before the Day or Payment to find better Sureties by the Custom of London IT is Ordained that a Merchant may cause his Debtor to come before the Lord Mayor of London or of any other Town and a Clerk by the King appointed to acknowledge his Debt and the Day of Payment c. Vide Stat. Burnel 11 Edw. 1. Recog 1. And afterwards it is enlarged by the Statute de Mercatoribus and a more speedy Remedy is given 13. Edw. 1. Recog 2. The Custom of London is if a Man be Fugitive who is Indebted that the Creditor may Arrest him to find better Sureties but he shall not Recover before the day of Payment 5 Edw. 4. Lond. 24. Where one is Arrested in London to find better Sureties if the Suit be here in Trespass or otherwise and he comes by Cepi Corpus although the Plaint be upon the Custom only for which Remedy is at the Common-Law yet the Prisoner may be Discharged 9 Edw. 4 35. The Custom of London is that one may be Arrested before the day of Payment to find better Sureties 11 Hen. 6.3 P. 1. Covenant without Deed. In London an Action of Covenant lyeth without a Specialty and divers other Actions by Custom which do not lye at Common-Law and of small Contracts under 40 s. for which an Action doth not lye by Writ Hen. 14. Hen. 6 36. P. 1. Concessit Solvere Upon a Contract made at Sea Of a Contract made beyond the Sea and upon the Account between the Parties if the Party by Bill grant to repay it upon their coming concessit solvere lyeth in London upon the recoming for before that Account there was no Remedy within England nor no Remedy for it at Common-Law And although that the Bill doth Recite the Merchandize yet the concessit solvere doth not rehearse the Merchandizes Sold but generally for certain Merchandizes Goods and Chattels Sibi primo venditis concessit solvere P. Hen. 6 30. P. 1. Of Mainpernors for the Defendant By the Custom of London he who is Bail for another for Debt or Trespass to answer the Action that if he be Condemn'd that the Plaintiff shall have Execution as well against the Bail or one of them as against the Principal at his Election And it was holden that in such a Case he may maintain for the Charges that shall be upon him The Custom of London was alledg'd that if any Matter be pleaded to Issue which cannot be Try'd by those of the City that then the Party shall be Examined upon it and then that Judgment shall be according to that which is found by the Examination and if the Party refuse to be Examined that then the Judgment hath been used to be given against him Book of Entries 203. Taking Goods to Pledge It was agreed that the Custom to keep Goods of any Person put to him in Pledge by the Custom untill he be paid is not good and if it were a Custom it ought to be by ancient Charter of the King and by continuance after But the Custom of Attaint in London is good and also that the Creditor may Arrest such Goods which the Debtor hath in his Possession and that if