Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	day_n	life_n	year_n	7,193	5	4.9040	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33726	Legal and other reasons (with all humility) presented to His most Excellent Majesty, King Charles II. and to both his Honorable Houses of Parliament, why the subjects of England, should not be imprisoned for debt or damages, or any thing thereunto relating	Cole, William, 1615 or 16-1698.	1675 (1675)	Wing C5034; ESTC R214940	11,718	16

great facility and ease as is conceived by the Wisdome of the Parliament to receive a full and perfect consummation and as his said late Royal Majesty was pleased to say in the Court of the Highest Injustice the Christian World ever knew that he thought he understood the Laws of England as well as any Gentleman of his Kingdome whose profession it was not so by this intentional Act of his had it succeeded he had made it fully and clearly evident to all his people that by restoring the antient known Law of the Land herein to its pristine and original just strength and vertue he would thereby as well have compelled their ignorance to understand with how great and profound knowledge in the very antient Laws of the Kingdome as the more modern he was largely and plentifully furnisht as by his un-enthrawling new and fresh enfranchising his Subjects herein and by calling them and his and their ancient Laws out of the dark Caves and Dens of Prisons where for so great length of time they had lain Sepulchred together And truly it is a Solicisme that may be justly thought on that the Law which is so kind and merciful to my Horse as to take provisional care for a Replevin to inlarge him and yet that I my self should be reteined indurance under a perishing condition nay and without as much as any difinitive time by Law set for my releasement and for years that may tell steps to the last stand of my life there to melt and burn out my time by a kind of every days death And I can in no sort doubt but that Wise and Prudent Men will seriously and deliberately perpend and consider as elsewhere I have said that this is the case of almost every English Subject for let him be crammed with never so much Wealth yet he knows not nor is it possible for him to know or foresee how soon he may be in a Prison himself or if not himself yet his Widdow Child or Children near and dear Relations Kinred or intimate Friends And notwithstanding all this if it shall be thought too great a boone that all Imprisonments for Debt or Damages should now and for ever hereafter be taken totally away and the blessed antient Laws of England be thereby fully and happily restored to all persons in general as is hoped and desired it may be it is then humbly recommended to a serious and deliberate digestion that taking into due consideration the late direful miseries which like raging and tempestuous Waves have one in the neck of another rowl'd in upon those that are now in Prison and their Estates by the several great and calamitous Judgments of the late Civil War Plague Fire and Dutch War if it may not come within a just and conscientious commiseration to free and discharge all such as are now Prisoners in the several Prisons of England and Wales from their Imprisonments and yet notwithstanding such their discharge that their Creditors may have their just and antient Remedies such as by the antient Common Law they might have had for recovery of their Debts out of such Prisoners real and personal Estates by such way and means as the same antient Law prescribes and as herein before is set forth and declared which most modest Proposal being only on the behalf of such as are now Prisoners and being not proposed as a standing Act to continue and discharge Prisoners in future is hoped will find a gentle and smooth passage to its desired end But if this must be also thought an Act of Grace too large yet certainly it cannot be apprehended less than a perfectly honest and truly conscientious offer in lieu of their being dischardged from their Imprisonments to be ready and willing to part with all their Estates both real and personal for the satisfaction of all their Creditors and not only to submit themselves but any Witness or Witnesses to be examined upon Oath for the true discovery thereof and that for such only as are now Prisoners and no other as aforesaid which if it be not an equal purely fair and just proposal I leave any impartial and unbyast person to judge For the perfecting of which a Bill preparatory to an Act of Parliament is drawn and humbly desired by many thousands of Prisoners that the same may pass or some such other for their Relief and Releasement as to the Wisdome of the Parliament shall seem more apposite and convenient And if the meanest sort of Prisoners that could not pay any thing at all towards the satisfaction of their Creditors did by Vertue of the ten pound Act come so far under the just and merciful consideration of the Parliament as to be freed from their Imprisonments certainly such Prisoners as can pay some part of their Debts and are ready and willing to part with all their Estates both Real and Personal that so a proportionable Divident may be made thereof to and amongst all their Creditors do hope they may with much more reason have leave to think themselves as well obliged to believe as to desire that they may by His Majesty and both His Houses of Parliament be freed from their Imprisonments before the remainder of their Estates be totally swallowed up by the Fees and other the inevitable great charges of a Prison and they thereby be put into the same low and deplorable condition together with those who took the benefit of that Act by means of which their Creditors will inevitably loose their Debts and such Prisoner and his be reduced to extremity of want and the Kingdome unfurnisht and deprived of very many persons whose endowments are sublim'd and heightned with so great natural and acquired parts as may speak them as advantageously useful to their King and Countrey as any other of their fellow Subjects very few excepted many of whose liberal and ingenious useful Excellencies deserve much rather to be cherisht and encouraged then deprest And shall our great and gracious Monarch and his greatest Council think it too much that after all the before mentioned Judgments which have been so iterated and repeated upon such Prisoners and which have merged and sunk their sometime flourishing Estates that they should now at length be discharged from their Imprisonments but that they should for ever remain so buried without a resurrection from the Dead Death and Grave they are in and under whilst their deprest parts are even starved and stifled in a Prison and yet in the condition they now stand are left fit only to have the remainder of what is theirs pluckt and rent from them and not in the least capacity to help themselves nor their Creditors and all this not only to satisfie the appetites of their obstinately resolved Creditors whose Money such Prisoners out of pure necessity are compelled to spend but to suffer under be wyre-drawn squeezed and run down by the subtilties and variety of Frauds even of such who have been intimately and beneficially

LEGAL and other REASONS With all Humility Presented to His Most Excellent Majesty King Charles II. AND TO Both His Honorable Houses OF PARLIAMENT WHY THE SUBJECTS of ENGLAND Should not be Imprisoned FOR Debt or Damages Or any thing thereunto relating LONDON Printed in the year MDCLXXV Legal and other Reasons with all humility presented to His Most Excellent Majesty King Charles the Second and to both His Honorable Houses of Parliament why the Subjects of England should not be Imprisoned for Debt or Damages or any thing thereunto relating IT is evidently and undeniably plain that by the Ancient Common Law of the Land the Bodies of any of the people of England could not at the Sute of any Subject be Arrested Imprisonned or any of them Outlawed for Debt or Damages or any thing thereunto relating as clearly appears not only by our Antient Laws but by the Authority of these two great Sages of the Law the Lord Chief Justice Coke in his Third Report fol. 11 12. and the Lord Dyer An. 23 Eliz. 305. b. the which also by Magna Charta Chap. 29. that great Expositor of our Antient Laws was in affirmation of the Antient Common Law with great and 〈◊〉 circumspection provided against and not only not as much as thought on before the Conq●est but was abhorred in the least to be practised from that time and the time of the birth of that explanatory Law which was in the Ninth year of the Reign of King Henry the Third until many Ages after there being variety of great weighty and pregnant Reasons for the preservation of that greatest Liberty and Priviledge of the Subject the freedome of their Persons from Imprisonment and as well those Antient Laws before the Conquest as the Laws until the making of the great Charter and threescore years after were in that particular with all studious and sedulous care inviolably observed as an eminent and signal Badge of the immunitie and heroick freedome of the English Nation who were then deservedly called libera gens and lived so and in so great an happy Splendor to the envious admiration of the rest of the Christian World and to the eternal honor of our Ancestors without being subject to any such Imprisonment not only all the time of William the Conquerors Reign which was above Twenty years but one hundred fourscore and forteen years after his death and until the Statute of Westminster the second Chapter the 11. made in the Thirteenth year of King Edward the First invented a Capias and a new Process of Outlawry which from that time was full so many years the Statute of the two and fiftieth of Henry the Third Chap. 23. although the first that ever made any English Mans person subject to such Arrest● yet it being only against Baylifs of particular Lords I lay no great stress on but that breach and inroad being once made into and upon the Common Law by the Statute of Westminster the Second gave encouragement to the unhappy production of another Statute made in the twenty fifth year of the Reign of King Edward the Third Chap. 17. by which it was Enacted that such Process should be made in Debt and detinue of Chattels and by process of Exigent as was then used in in Writs of Accompt which were two such keen Laws that they not only Invaded but cut in sunder the choycest Liberty of the Subject by submitting the persons of the then free people of England to the cruelty of Imprisonment for Debt and Damages but the same wise King Edward the Third of whom the Lord Chief Justice Coke in the second part of his Institutes fol. 29 gives this Character That King Henry the Second Edward the First and Edward the Third were all of them Princes of great Fortitude Wisdome and Justice that governed by their Laws but that in the Reign of King Edward the Third the Laws did principally flourish who saith he was a Noble Wise and Wa 〈…〉 Prince This prudent Prince I say looking deliberately into the Wounds those Statutes had given to the honor and happiness of the Kingdom and to that ancient and most venerable part of the Common Law which preserved his Subjects persons from Imprisonment and the very many Kings Reigns and Ages without any the least interruption which that glorious and famous Liberty had prosperously continued and as it were repenting of the making of the said bitter Statute of the twenty fifth year of his own Raign and he and his Parliament finding the mischievous inconveniences and dishonor that it had put upon the people and resolving to file those Shakles from off the Subjects feet and to reinvest them into the Liberty and freedome of their persons from imprisonment according to the common Law of the Land by that gracious healing Statute made in the two and fortieth year of the Reign of the same King Edward the Third Chap. 1. those two Raizor metled cutting rigorous Laws were as to such Imprisonment as aforesaid by the opinion of many and by the general construction of Law and the true intendment hereof Repealed which declared that the Great Charter should be holden and kept in all points and if any Statute be made to the contrary that it should be holden for none which said last mentioned Statute was according to common construction intended fully to restore the brightness and luster of the ancient Common Law and to support and maintain the strength and vigor of that Standard of Law and Justice the Great Charter which not only asserts His Majesties just Rights and Prerogative Royal but defends and preserves the Freedom and just Liberties of the people which as the same Author in his Preface to his second Institute tells us hath been confirmed by two and thirty Acts of Parliament and not only so but by the Statute of the twenty fifth of Edward the First the same is to be taken as the Common Law But the seting up and creation of the great numbers of Offices and Officers and the herds of persons which those most severe Laws Westminster the Second and the Statute of the twenty fifth of Edward the Third had most advantageously preferred almost in every City Town and Village of the Kingdome had so fix'd fastned and rivited such Multitudes of persons many of them of very great and eminent quality and interest in places of great and tempting gain which had made so deep an impression upon the minds of that prevalent and powerful part of the Kingdome who had thereby plentifully enricht themselves that notwithstanding the said Statute of the two and foroftieth Edw. the Third so intentionally composed as aforesaid for the manumitting of the people of England as 〈◊〉 from the thraldome of a Prison as otherwise to preserve their Liberty they went on to Imprison the Bodies of the Subject which hath ever since been practised not only by vertue of those two Laws Westminster the Second and the twenty fifth of Edward the Third