Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	daughter_n	king_n	wife_n	4,569	5	6.4342	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33823	English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.	Care, Henry, 1646-1688.	1680 (1680)	Wing C515; ESTC R31286	145,825	240

when they had them best 2. And if any Statutes have been made by Us and our Ancestors or any Customs brought in contrary to them or any manner of Article contained in this present Charter We Will and grant that such manner of Statutes and Customs shall be void and frustrate for evermore CHAP. V. Pardon granted to certain Offenders MOreover we have pardoned Humphrey Bohun Earl of Hereford and Essex Constable of England Roger Earl of Norfolk and Suffolk Marshal of England and other Earls Barons Knights Esquires and namely John de Ferrariis with all other being of their Fellowship Consederacy and Bond and also of other that hold 20 l. Land in our Realm whether they hold of us in Chief or of others that were appointed at a day certain to pass over with us into Flanders the Rancour and Evil will born against us and all other Offences if any they have committed against us unto the making of this present Charter CHAP. VI. The Curse of the Church shall be Pronounced against the Breakers of this Charter ANd for the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall read this present Charter in Cathedral Churches twice in the Year and upon the Reading thereof in every of their Parish-Churches shall openly Denounce accursed all those that willingly do procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witness of which thing we have set our Seal to this present Charter together with the Seals of the Archbishops Bishops which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all Causes and Articles and shall extend their faithful Aid to the keeping thereof c. The Comment THe word Tallage is derived from the French word Tailler to share or cut out a part and is Metaphorically used for any Charge when the King or any other does cut out or take away any part or share out of a Mans Estate and being a general word it includes all Subsidies Taxes Tenths Aids Impositions or other Charges whatsoever The word Maletot signifies an Evil that is an unjust Toll Custom Imposition or Sum of Money The occasion of making this Statute was this King Edward being injured by the French King resolves to make War against him and in order thereunto requires of Humphrey le Bohun Earl of Hereford and Essex and Constable of England and of Roger Bigot Earl of Norfolk and Suffolk and Marshal of England and of all the Earls Barons Knights Esquires and Freeholders of 20 l. Land whether they held of him in Capite to contribute towards such his expedition that is to go in Person or find sufficient Men in their places in his Army which the Constable and Marshal and many of the Knights and Esquires and especially this John Ferrers taking part with them and all the Freemen stoutly denyed unless it were so ordained and determined by common consent in Parliament according to Law And it seems the contest grew so hot that Baker's Chronicle Folio 99. relates a strange Dialogue that pass'd between them viz. That when the Earl Marshal told the King That if his Majesty pleased to go in Person he would then go with him and march before him in the Van-Guard as by right of Inheritance he ought to do but otherwise he would not stir the King told him plainly he should go with any other though he went not in Person I am not so bound saith the Earl neither will I take that Journey without you The King swore By God Sir Earl you shall either go or Hang And I swear by the same Oath said the Earl I will neither go nor Hang. And so the King was forc'd to dispatch his expedition without them And yet saith my Lord Coke altho the King had conceived a deep displeasure against the Constable Marshal and others of the Nobility Gentry and Commons of the Realm for denying that which he so much desired yet for that they stood in defence of their Laws Liberties and free Customes the said King Edward the First who as Sir William Herle Chief Justice of the Common-Pleas who lived in his time and served him said in the time of King Edward the 3d. was the wisest King that ever was did after his return from beyond the Seas not only consent to this Statute whereby all such Tallages and Impositions are forbidden for the future but also passes a Pardon to the said Nobles c. of all Rancour Ill-will and Transgressions If any they have committed which last words were added lest by acceptance of a Pardon of Transgression they should implicitely confess that they had Transgressed so careful were the Lords and Commons in former times to preserve the Ancient Laws Liberties and free Customs of their Country But note these words Si quas fecerint If any they have committed are left out in all the Printed Books of Statutes but they are in this Statute recited by Coke in his second Book of Institutes Fo. 535. and specially noted which he would never have done if it had not been so in the Rolls And since 't is probable them may be many more like Omissions Mistakes or Falsifications crept into the Prints and for that the R●●●●d not the printed Satute-Book varying from the Records is the Law It were to be wished that all the Rolls of Acts of Parliament were carefully by some Persons of Learning and Integrity view'd and Compared with the Prints and notice taken of all such Var●●tions and of Errors committed in the Translations and of any Statutes of a publick Import if in force that were never printed and the same to be made publick Anno 25 Edw. 3. CAP. II. A Declaration what Offences shall be adjudged Treason WHereas diverse opinions have been before this time in what Case Treason shall be said and in what not 2. The King at the Request of the Lords and of the Commons hath made a declaration in the manner as hereafter followeth that is to say When a Man doth Compass or Imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir 3. Or if a man do violate the Kings Companion or the Kings Eldest Daughter unmarried or the Wife of the Kings Eldest Son and Heir 4. Or if a Man do Levy War against our Lord the King in his Realm or be Adherent to the Kings Enemies in his Realm giving them Aid and Comfort in the Realm or elsewhere and thereof be provably Attainted of open Deed by the People of their Condition 5. And if a Man Counterfeit the Kings Great or Privy-Seal or his Money 6. And if a Man bring false Money into this Realm Counterfeit to the Money of England as the Money called Lushburgh or other like to the said Money of England knowing the Money to be false to Merchandise

not be such a Discretion as confounds all Discretion but they must weigh the Circumstances and go according to Law and Judgment and certainly the law intended such Bail if any be accepted should be bound Body for Body for otherwise it seems no security And therefore many wise men wondered the other day when Count Conning smark was Acquitted on the Indictment for the Barbarous Murder of Esquire Thynn that he was suffered to go so soon abroad for being a Stranger he was never like to come again into Enggland and being so rich what values he to discharge the Forfeitures of his Sureties Recognizances which likewise may be easily Compounded At most the Forfeieure is to the King and what is it that to the next Heir or Kinsman He is by this means Outed of his Legal Remedy to Revenge the Blood of his near and dear Relation Sed haec Obiter The form of an Appeal of Murder I C. Hic Instanter Appellat W. E. c. In English thus I here instantly Appeals W. F. of the death of his Brother H. C. For that whereas the aforesaid H. was in the Peace of God and the King at Tonbridge in the County of Rent the twenty eighth day of March in the thirty fourth year of the Reign of our Lord Charles the Second c. at seven a Clock in the Evening of the same Day cama the said W. F. as a Felon of our Lord the King in a premeditated Assault with Force and Arms c. And upon him the said H. C. then and there felonionsly an Assault did make and with a certain Sword of the price of twelve pence Which he then and there in his Right Hand did hold the aforesaid H. upon his Head did strike and one mortal wound of two Inches long in forepart of his Head even unto the Brain to the said H. did then and there Feloniously give of which said wound the said H for three days then next following did Languish and then viz. the such a day of such a month he there died or if the case be so Instantly died And so the said W. H. as a Felon of our Lord the King the aforesaid H. Feloniously did Kill and Murder against the Peace of our said Lord the King his Crown and Dignity And that this he did wickedly and as a Felon against the Peace of God and our Lord the King the aforesaid osters that the same be detained as the Court of our Lord the King shall think meet Diversity of Courts and Jurisdictions Written in the time of King Hen. 8. 1. Note That a women cannot now bring an Appeal for the death of any other Ancestors being baried there from by Magna Charta Cap. 34. whereas as you have heard it is provided that none shall be taken or Imprisoned upon the Appeal of any woman for the death of any Person but only of her Husband But she may at this day bring an Appeal of Robbery c. For wherein she is not by that Statute restrained Coke 2d Instit fol. 68. 2. The women that brings an Appeal for the death of her Husband must be his Wife not only de Facto but de Jure not only called and reputed or cohabiting with him but actually and legally Married to him and of such a Wife the Antient-Law-Books speaks de morte viri Inter Brachia sua Interfecti the Husband is killed within her Arms. that is whilst he was legally in her possession but that the Appellant and the person killed were not ever lawfully coupled in Matrimony is a good Plea in an Appeal 3. This Right of Appeal for the death of her Husband is annexed to her Widdow-hood as her Quarentine is and therefore if the Wife of the Dead Marry again her Appeal is gone even altho the second Husband should die within the year day after the Murder of the first For she must all the while before the Appeal be brought continue Faemini viri sui his Widdow upon whose death the Appeal is brought furthermore if she bring the Appeal during her Widdow-hood and take a Husband whilst it is depending the Appeal shall Abate that is be out of doors for ever Nay if on her Appeal she hath Judgment against the Defendant if afterwards she take an Husband before the Defendant be Hanged she can never have Execution of death against him 4. By the Statute of Glocest. made in the sixth year of King Edw. 1. Cap. 9. It is Enacted that if an Appeal set forth the Deed the year the day the hour the Reign of the King and the Town where the Deed was done and with what Weapon the Party was slain the Appeal shall stand in effect and shall not be abated for default of fresh Suit if the party shall Sue within the year and the day after the Deed done 5. As for the year and day here mentioned it is to be acconnted for the whole year according to the Calendar and not for twelve Months at twenty eight days to the Month. So likewise the day intended is a Natural day And this year and day must be accounted after the Felony and Murder Committed Now if a man be Mortally Wounded on the first day of May and thereof Languishes to the first day of June and then dies the Question here arises whether the year and the day allowed for bringing the Appeal is to be reckoned from the giving the Wound or the time of Death Some have held the former For that the Death ensuing hath Relation to it and that is the Cause of the Death and the Offender did nothing the day of the Death But the truth is the year and day shall be accounted only from the first of June the day of the Death for before that time no Felony was Committed and thus it hath often been resolved and Adjudged and the reason abovesaid grounded upon Relation which is a Fiction in Law holdeth not in this Case Coke 2. Ingit fol. 320. 6. If an Appeal of Murder be brought and depending the Suit and after the Year and Day is elapsed one become accessary to the Murder the Plaintiff shall have an Appeal against him after the Year and Day past after the Death but it must be brought within the Year and Day after this new Felony as accessary 7. If a Man be Indicted for Murder and Convicted only of Man-slaughter and have the Benefit of his Clergy it seems the Wife and Heir cannot afterwards bring their Appeal Touching which the Lord Cook 3 Instit Fo. 131. cites a Case in these words Thomas Burghe Brother and Heir of Henry Burghe brought an Appeal of Murder against Thomas Holcroft of the Death of the said Henry The Defendant pleaded that before the Coroner he was Indicted of Man-slaughter and before Commissioners of Oyer and Terminer he was upon that Indictment Arraigned and confessed the Indictment and prayed his Clergy and thereupon was Entred Curia advisare vult the Court will consider

whereupon he demanded Judgment whether the Plaintiffe ought to maintain that Appeal he had brought To which the Plaintiffe demurred in Law And in this Case three points were adjudged by Sir Christopher Wray Sir Thomas Gawdy and the whole Court First That the matter of the Bar had been a good Bar of the Appeal by the Common Law as well as if the Clergy had been Allowed For that the Defendant upon his Confession of the Indictment had prayed his Clergy which the Court ought to have granted and the deferring of the Court to be advised ought not to prejudice the Party Desendant albeit the Appeal was Commenced before the Allowance of it The second point adjudged was that this Case was out of the Statute of 3 Hen. 7. For that the words of that Act are If it fortune that the same Felons and Murderers and Accessaries so Arraigned or any of them to be Acquitted or the Principal of the said Felony or any of them to be Attainted the Wife or next Heir of him so slain c. may have their Appeal of the same Death and Murder against the Person so Acquitted or against the said Principals so Attainted if they be alive and that THE BENEFIT OF HIS CLERGY THEREOF before be not had And in this the Defendant Holcroft was neither Acquitted nor Attainted but Convicted by Confession and the Benefit of the Clergy only prayed as is aforesaid so as the Statute being penal concerning the Life of Man and made in Restraint of the Common Law was not to be taken by Equity but is Casus Omissus a Case Omitted and left to the Common Law As to the Third is was objected that every Plea ought to have an apt Conclusion and that the Conclusion in this Case ought to have been Et petit judicium si praediit Thomas Holcroft Iterum de eadem morte de qua semel Convictus fuit Respondere compelli debeat And he does ask judgment if the above mentione Thomas Holcroft shall be obliged to answer againe for the same death he was once Convicted of But it was adjudged that either of both Conclusions was sufficient in Law And therefore that exception was disallowed by the Rule of the Court. Note the ancient Law was that when a Man had judgment to be hanged in an Appeal of Death that the Wife and all the Blood of the Party slain should draw the Defendant to Execution and Gascoigne said Issint fuit in diebus nostris so it was done in our Days And thus much occasionally about Appeals which we the rather inserted because the practice thereof through I know not whose negligence has been almost lost or forgot till some few Years ago a Woman in Southwark revived it against one that killed her Husband and got a pardon for it but she Prosecuted him on Appeal had judgment against him and he was Executed since which time the same Course has been frequently talkt of and brought but for the most part to the shame I think of those Women or Children who make such Compositions for their Husbands or Fathers Blood they have been by some secret Bargains or Compensations husht up and seldom effectually followed Two other Statutes of King Edw. 3. Anno 4. Edw. 3. cap. 14. A Parliament shall be holden once every year ITem It is accorded that a Parliament shall be holden every year once and more often if need be Anno 36. Edw. 3. cap. 10. A Parliament shall be holden once in the year ITem for maintenance of the said Articles and Statutes and Redress of dibers MISCHIEFS and GRIEVANCES which daily happen a Parliament shall be holden every year as another time was ordained by Statute The Comment BEfore the Conquest as the Victory of Duke William of Normandy over Harold the Usurper is commonly though very improperly called Parliaments were to be held twice every year as appears by the Laws of King Edgar cap. 5. and the Testimony of the Mirrour of Justices cap. 1. sect 3. For the Estates of the Realm King Alfred caused the Committees some English Translations of that ancient Book read Earls but the word seems rather to signifie Commissioners Trustees or Representatives to meet and ordained for a PERPETUAL USAGE that twice in the year or ostner if need were in time of Peace they should Assemble at London to speak their Minds for the guiding of the People of God how they should keep themselves from Offences live in quiet and have right done them by certain Vsages and sound Judgments King Edward the first says Cook 4. Instit fol. 97. kept a Parliament once every two years for the most part And now in this King Edward the Thirds time one of the wisest and most glorious of all our Kings It was thought fit to Enact by these two several Statutes That a Parliament should be held once at least every year which two Statutes are to this day in full Force For they are not Repealed but rather Confirmed by the Statute made in the 16th of our present Soveraign King Charles the Second Cap. 1. Intituled An Act for the Assembling and holding of Parliaments once in three years at the least The words of which are as follow Because by the ancient Laws and Statutes of this Realm made in the Reign of King Edward the third Parliaments are to be held very often your Majesties Humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most Humbly do beseech your most Excellent Majesty that it may be declared and Enacted 2 And be it declared and Enacted by the Authority aforesaid that hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Three Years at the most but that within three years from and after the Determination of this present Parliament so from time to time within three years after the Determination of and other Parliament or Parliaments or if there be occasion more or oftner Your Majesty your Heirs and Successors do Issue out your Writs for calling Assembling and holding of another Parliament to the end there may be a frequent calling Assembling and holding of Parliaments once in three years at the least Agreeable to these good and wholsome Laws are those gracious Expressions and Promises in His Majesties Proclamation touching the Causes and Reasons of Dissolving the two last Parliaments Dated April 8. 1681. Irregularities in Parliament shall NEVER make us out of love with Parliaments which we look upon as the best Method for healing the distempers of the Kingdom and the only means to preserve the Monarchy in that due Credit and Respect which it ought to have both at home and abroad And for this Cause we are resolved by the blessing of God to have frequent Parliaments And both in and out of Parliament to use OUR UTMOST ENDEAVOURS TO EXTIRPATE POPERY and to Redress all the Grievances of our good Subjects and in all things to Govern according to the