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
A87520	The vvorks of that grave and learned lavvyer Iudge Ienkins, prisoner in Newgate. Upon divers statutes, concerning the liberty, and freedome of the subject. With a perfect table thereto annexed.	Jenkins, David, 1582-1663.	1648 (1648)	Wing J574; Thomason E1154_2; ESTC R20801	80,714	206

instit 110. 4 pars p. 49. that is the sence of the word Parler in the French Tongue The Writ whereby the two Houses are assembled which is called the Writ of Summons of Parliament at all times and at this Parliament used and which is the warrant ground and foundation of their meeting is for the Lords of the House of Peeres the Iudges and Kings Counsell to consult and treate with the King that is the Parler of great concernments touching 〈◊〉 the King secondly the defence of his Kingdome thirdly the defence of the Church of England It cannot be a Parliament that will not parle with their King but keepe him in prison and not suffer him to come to them and parle and therefore the Law and sense and reason informing every man that is no manner of parliament the King with whom they should parle being so restrained that they will not parle with him the army hath no manner of security by this Ordinance for their indemnification refers to that which is not in being untill the King be at Liberty 7. It is more than probable that their Iudges before the last Circuite had instructions to the effect of this Ordinance The Common souldiers second Apology 6. Grievances of the Army published 15. May last Three grievances of Col. Riches Regiment but they the Iudges making conscience of their Oath layd aside the said instructions and ought and may and it is believed will no more regard this Ordinance than the said instructions What was done in the last circuit the army well knowes touching many of their fellow Souldiers 8. The H●uses in their first proposition to his Majesty for a safe and well-grounded peace sent to Newcastle to desire a pardon from his Majesty for themselves they who desire a pardon cannot granr a pardon comōn reason dictates this to every man and therefore that the army should accept an indemnity for them who seek it for themselves or should conceive it of any manner of force is a fancy so that no man in the whole army but may apprehend that it is vain and a meer delusion 9. His Majesty by his gracious message of the 12 of May last hath offered an Act of Oblivion and a generall pardon to all his people this done the Law doth indemnifie the Army without all manner of scruple for any thing that hath been done for it is an Act of Parl. when the King two houses concur and bindes all men I here is no safety by the Ordinance there is safety by an Act of Parliament and will not reasonable men preferre that which is safe before that which is unsafe 10. His Majesty by his said Letter agrees to pay the arrears of the army J am sure that it is a publick debt and the chiefest and the first that by the two Houses should be paid and before any dividend or gratuities bestowed among themselves for their blood limbs and lives have put and kept the both Houses at rest in the power they have So by this concurrence of his Majesty for your indemnity and for your arreares the Army have not an Ordinance or the Publick Faith but the Law of the Land to make sure unto them their indemnity for all acts and for their arrears and therewith also bring peace to the Land 11. The Kingdom and people generally desire these things To such an army just and reasonable things must not be denyed the things formerly proposed are most just and reasonable you may have them if you will if you will not you render this Kingdom miserable wherein you will have your share of miseries the head and the body are such an incorporation as cannot be disolved without the destruction of both The additionall Ordinance of both Houses passed the 5. of Iune instant for the fuller indemnity of the Army makes nothing at all to the matter 1. For that it extends not to Felony Homicide Burglary Robbery or any other cappitall crime which is the main businesse insisted upon and most concerneth the Souldiers security 12. The both Houses in the said additional Ordinance say Mr. Pyms Speech against tho Earl of Strafford p. 16. Six considerations printed by the command of the House of Commons that it is expedient that all offences be pardoned and put in oblivion pardon and oblivion cannot be understood to be for a time but for ever and they themselves confess that an Ordinance is not binding but pro tempore which with the most advantagious interpretation can be but a reprive or delay of the execution of the Law and therefore that cannot pardon or put in oblivion by their own shewing But the Law of the Land is and so it hath constantly been practised in all times that no persons of what estate soever 27 H. 8. c. 24. have any power to pardon treason felony or any other offences but the King only who hath the sole and whole power to pardon all such crimes whatsoever And in the same manner an Ordinance is of no authority at all to take away the right of private mens actions by any evidence it can give in truth all the evidence that this Ordinance gives is that it records to posterity nothing but a lawlesse and distempered time For remedy thereof I say again it is a certaine truth this Kingdom without an act of Oblivion and a general pardon and the payment of Souldiers-arrears and a meet regard had to tender consciences will unavoydably be ruined Iune 10. 1647. DAVID IENKINS Prisoner in the Tower of London Sundry Acts of Parliament mentioned and cited in the Armies Indemnities set forth in words at large for the better satisfaction of such as desire rightly to be informed 25. Edw. Chap. 5. A Declaration what offences shall be adjudged Treason WHereas divers opinions haue béen before this time in what case Treason shall be said and in what not 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 compasse or imagine the death of our Lord the King or of our Lady the Quéen or of the eldest Son and Heire or do violate the Kings companion or the Kings eldest Daughter vnmarried or the Wife of the Kings eldest Son and Heire or if a man do leavy War against the Lord our King in his Realm or be adherent to the Kings enemies in his Realm giuing to them ayd and comfort in the Realm or else-where and thereof be probably attainted of open deed by people of their condition And if a man counterfeit the Kings great or priuy Seal or his Mony and any man bring false mony into this Realm counterfeit to the mony of England and the mony called Lusburgh or other like to the said mony of England c. 11. Hen. 7. Chap. 1. None that shall attend upon the King and do him true service shall be attainted or forfeit any thing THE King our

Bill of attainder against the Earle of Strafford M. Sol●●tor pag. 2● to declare the Law to be that Machination of war against the Lawes or Kingdome Mr. Pi●● Pa. 16●● is against the King they cannot be severed Mr. Pym had in charge likewise upon the same prosecution to declare That the King and his people are obliged one to another in the nearest relatition he is a Father the child in law is called pars patris he is the Husband of the Common wealth they have the same interests they are inseperable in their condition be it good or evill he is the Head they are the body there is such an incorporation as cannot be dissolved without the distruction of both This agrees with our Lawes 20. H. 7. fol. 7. 8. H. 7. fol. 12. 1 Ed. 5. fol. 3. 4. Ed. 4. fol. 25. 5 Ed. 4. fol. 2● and the Law of this Land In that argument of Mr. Sollicitor and discourse of Mr. Pim directed by the House of Commons are contained the true rights liberties and lawes of the people deduced from our Ancestors in all ages wherein there is no line or word but is agreeable to the Lawes and is a necessary and usefull book to be perused and followed by all which book was published by Order of the House of Commons If the doctrine of that book had bin followed we had not bin so miserable as we are neither had these great eville ensued for the which the Land mourns In this Moneth of February Collect of Ordinances 1 pars fol 66 67 81 six years now past the onely Difference between his Majesty and the prevailing party in both Houses was touching the power of the Militia which in plain English is Power over Sea and Land this was the sole quarrell the King and his Progenitours have had it in al Times the Lawes have fixed it upon them they have used it for the Weal of the people none of the Subjects ever had it or claimed it the Lawes deny it them for the time they have had it our pressures have bin miserable His Majesty hath a numerous Issue and so hath his Father many great persons of England and Scotland are of the Bloud Royal and all the Kings of Christendom are of the same Bloud so long as the Lawes last or any of the said persons or their Descendants be living this people shall have neither peace nor profit but all the confusions that are imaginable will attend them And therefore at length be good to your selves restore our King receive from Him an Act of Oblivion a generall pardon Assurance for the Arreares of the Souldiery and meet satisfaction to tender consciences February 12. By David Jenkins 1647. Prisoner in Newgate THE ANSVVER OF Iudge Ienkins TO THE IMPVTATION PVT UPON HIS PLEA IN CHANCERY Which was read in open Court the 14 of Febr. 1647. And avowed by David Ienkins Prisoner in Newgate Printed in the Yeare 1648. THE ANSVVER OF Iudge Ienkins TO THE IMPVTATION Put upon him in CHANCERY I Have no disposition nor ever had to be known by any publique Writing these miserable Times which fill many mens mouthes and most mens eares with notorious Untruths thereby to blast and destroy the Kings Sacred Majesty his Lawes and Government and to bring in a confusion enforceth me at this time who formerly have written nothing but for the publique to let the World know how unjustly the Pamphleter of this Weeke Licensed by our Reformers hath traduced me touching a Suit commenced in their Court of Chancery against me by one M. Ernly a Willshire Gentleman touching the Estate of one M. Thomas of Glamorganshire the Truth whereof is as followeth M. Thomas whose Father and my Grandfather were two Brothers about seventeene yeares past made his Will and declared by the same his Son being then of very tender yeares a Ward to his Majesty and made him Executour and my selfe during his minority referring to his Wardship to Administer his Estate personall and testamentary and to be accountable to his Son when he came to Age And seventeene yeares sithence the Father died This Estate consists in a Stocke of Sheepe so disposed by me as the number are yet continued and for the number and condition they were at their delivery backe to be made as good by those persons who had the charge of them as they were when they were received The rest of the Estate for any considerable part was in Mortgages of Land forfeited in the life of my young Cousin Thomas for many of them many absolutely purchased by me in his name in his life time for the which I am not yet payd The Land discended and ought upon Sir Edward Thomas my consirs Heire at Common-Law so that Mr. Ernley the Plaintiffe in Chancery hath no colour for the Land For my young Cousin dyed without issue about 17. yeares old and could not dispose of the Inheritance of any Land by a pretended Will The stocke of Sheepe remaines if the Plaintiffe and the Reformers have not Plundered them for the Money it came all to the Court it was to satisfie the King for the Marriage The colour the Plaintiffe hath is this After the death of my olde Kinsman M. Thomas by undue means the young Genrleman was married to M. Ernleys Daughter in a way of Ravishment being both children without one penny payd or consent of Friends or Kindered For the which a Suit of Ravishment depended against M. Erneley and others in the Court of Wards The young Gentleman dyed about 17. yeares of age sithence these confusions without issue and some houre before my young Cousins death who dyed of a pestilent Feaver Mr. Erneley pretends a Will made by him and that he made his Wife M. Erneleys Daughter his Executrix His said Wife dies soon after is pretended to make a Nuncapative Will and to make her Father M. Ernley her Executor and so pretends as Executor of an Executor of an Executor which pretended Wills he saith he hath proved in the Courts of his Freinds the Reformers Whether such wills were made or no must receive an equall examination and of what validity they are being pretended to be made by children in extremis if made at all And whether an Executor of an Executor of an Executor can maintaine an account by the Law of the Land And whether I being Executor during the Minority viz. the Wardship my young Cousin could make such a Will as is pretended he being no Executor till his full age The age touching Wills 37 H 6 5 21 E. 4 24 the Law of this Land determins to be 21. years and before that age at common Law an use could not be devised For Wills touching goods and chattels our Law for many ages hath left the same to the decesion of the Civill and Canon Lawes in the Bishops Courts That Law as Justinian hath it in the second Bood of his Institutions the 12. chap. is Impuberi