Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	duke_n	earl_n	king_n	7,888	5	4.1983	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51765	A manifesto, or, An account of the state of the present differences between the most serene and potent King of Denmark and Norway Christian the V., and the most serene Duke of Sleswick and Holstein-Gottorp Christian Albert together with some letters of the King of Great Britain, the King of Denmark, and the Duke of Holstein-Gottorp, concerning a mediation in these differences, which the king of Great Britain most generously offer'd, and the king of Denmark refused and slighted : as also some other letters of the Dukes of Brunswick-Lunenbourgh, the emperor, &c., whereby the calumnies of a certain Danish minister are plainly detected.	Christian Albrecht, Duke of Holstein-Gottorp, 1641-1695.	1677 (1677)	Wing M428A; ESTC R12344	65,710	126

Rendsbourg to a Vassalage for the Dukedom of Sleswick which supposition we yet constantly deny as false yet the delay of demanding the Investiture cannot be imputed to the Duke but to the King alone for who does not know that the Strong-holds of Tonningen and Holme are seated in the Dukedom of Sleswick And the King without regard to his Word having razed them both taken away the Garrisons and all the Artillery kept the Duke besieged in his Castle of Gottorp and all this relating to the Dukedome of Sleswick hath not the Duke justly demanded that all these Grievances be first redressed and satisfaction be made to him for them If he had done otherwise and blindly asked the Investiture trusting himself to the Kings pleasure there had never been any notice taken of the old and new Grievances and his Highness had rashly submitted himself to a Vassalage that had deprived him and his Posterity of all his Royalties and exposed them to the eternal Scorn of the world Besides since it was suggested to the Dukes Ambassadors sent to Copenhaguen about the Fief and Grievances that they would do well to return to his Highness for new Instructions about the Fief without expecting any Orders from him the King had certainly no cause given him for Sequestrations and those other acts of Hostility committed by his Order in the Dukedom of Sleswick And so we must not yield that the King by doing Acts by which the Lord of a Fief uses to lose his Right should take away anothers Right and not only gain by the Ruin of the other but even by what ought to turn to his own loss contrary to the Laws of Nature Nations Feudal and all others whatsoever Eric Duke of Sleswick having left after his Death his Son Waldemar a Child Christopher the Second King of Denmark possessed himself of that Guardian-ship of Waldemar and at the same time of the whole Territory of Sleswick except Gottorp which when he also besieged to gain the whole Dutchy Gerhard Earl of Holstein Unkle to Waldemar with some others oppos'd him stoutly and for this Felony committed by the King in 1326 there was great Debate which Meursius thus relates The Dukedom of Sleswick having been held till then as a Fief from Denmark and these Princes by reason of this Vsurpation of the Kings being unwilling it should continue so hereafter was the occasion of a long Contention lib. 4. p. 70 which ended as we have said before If this demand in the Name of Waldemar was not unreasonable with how much more Justice doth our Duke desire that he might have his own and a full Restitution from the King of what he detains from him so unjustly and has Sequestrated by meer force and God Almighty having ordered Restitution to be made where Covenants are broken it is but just that his Vice-gerents upon Earth should endeavour to put his Decrees in Execution 13. If we look upon his Sequestration rightly and examine it by the Rules of Justice we shall find it wholly void by Law For it was neither done by any Convention of the Parties nor by any Judicial Authority The Danes I presume will confess the former and the other we do not question but to make them also agree to The King of Denmark having made himself Plaintiff against the Duke of Gottorp in the business of the Dukedome of Sleswick his Majesty cannot be a Judge in the same cause Which is explained by several Civilians Ad. Tit. Cod. Nequis in suâ causâ judicet vel jus sibi dicat that is to say Let no man be Judge in his own Case or do himself justice And this must not be understood as if the Positive Roman Law only by which the Danes are not bound did prohibite any one to be Judge in his own cause for the Law of Nature dictates the same and right reason which obliges all the world proclaims it Men blinded by their affections do not see the truth in their own affairs saith Aristotle And for this reason the Kings of Denmark themselves consented heretofore that all Disputes about this Fief should be determined by Impartial Judges according to the contents of the Treaty of Union and that both parties should abstain from hasty Sequestrations Ord. jud prov part 3. tit 3. A judicial Sequestration being thus prohibited because it is a kind of Execution wherewith a State ought not to begin This Sequestration of the Dukedome of Sleswick cannot certainly be defended by any Law nor by any Judicial Authority nor by a previous cognizance of the cause upon which a just Sentence had followed but only by the way of violence and absolute force by which the Duke of Gottorp has been thrown out of a certain Possession and all his Revenues and an usurped Possession transfer'd by pure Fact upon the Sequestrator against the nature of all Judicial Sequestrations which are made use of only for the better keeping of things so that this pretended Sequestration is really a violent spoil committed by the King supported with more than one Army upon the Duke naked and disarmed Now it is the Opinion of all wise men that a person who has been spoiled ought first of all to be restored 14. And this Restitution is so much the more earnestly to be pressed as this Sequestration may be dangerous both in Temporals and Spirituals For the King having suffered himself to be perswaded that he could absolve the common people Priests and Magistrates Subjects to the Duke in the Dukedome of Sleswick from the Allegiance they have sworn to their Prince he has caused sometimes one and sometimes another to be carried away by Souldiers from their habitations and from their Sacred and Civil Functions and some to Rend●bourgh where this whole Tragedy was begun and where they have been put in Prison at least detained for some time Those of the Dukes Officers and Subjects that have seen and understood all that hath passed between the King and the Duke must needs know that his Majesty has indeed a great Power over his Subjects but none over those of other Princes at least not such a one as can free them from their Oath to God and Allegiance to his Highness especially whilst the matter in difference is not onely doubtful but before no Judicial Court much less determined Nay they know that they are bound to suffer rather the greatest Miseries and the loss of their whole Fortunes than to act against their own Consciences and Oaths or do any thing to the prejudice of their Prince lest they should provoke the Anger of God and the Dukes just Revenge no obedience being due to any body that gives sentence out of his own Territory where he has no Jurisdiction L. Vel. ff de Jurisd And if others frighted with the noise of an Army or the fear of greater Evils renounce their Allegiance let them consider how they ensnare their Consciences if not expose themselves to the punishments for Perjury and

no small jealousies to his Royal Majesty that he may hereafter be more secure of the intentions of his most Serene Highness and all occasion of mistrust be wholly taken away it is agreed and covenanted on both sides that it shall not be lawful hereafter for his most Serene Highness to make any Alliances with Forrein Princes and States without a previous communication with his Majesty and his consent obtained nor make use of any of those already made to the prejudice and detriment of his Royal Majesty V. And that the Forts and Strong-holds that are necessary for the Defence of these Dukedoms and Countries therein incorporated may be provided and furnished with all necessaries according to the Exigencies of times and the threatning dangers with least trouble to the States of the Provinces both Parties have agreed that hereafter the Contributions shall be brought into a common Treasury and shall not be imployed to any other use than this now mentioned VI. But because the Contributions that have been paid till now have been so far from keeping the Souldiers which are appointed for the Defence of these Dukedoms that his Majesty has been necessitated to add considerable sums out of his own Revenue and his most Serene Highness having put into his Coffers the best part of the Contributions he has received and employed the same to other uses for which his Majesty pretends a satisfaction to be made to him Therefore in lieu of a compensation and that all things as much as is possible may be re-establisht in the same state and restored according to the Rule of the antient Division which Hereditarily has been granted to each House His most Serene Highness quits wholly and for ever to his Royal Majesty the Territory of Swabstadt with half of the Chapter of Sleswick and of the Cathedral Church which together with the said Territory of Swabstadt was heretofore yielded to his most Serene Highness by his Sacred Royal Majesty of glorious Memory with all the Appurtenances Revenues Profits Domains Prerogatives and Royalties as his most Serene Highness had the same yielded to him and has quietly possessed till now VII As to the Controversies about the limits and other things relating to the Territories of Ripen and Tundern the discussion whereof remains in suspence till now they shall be decided by Equity and according to the Opinions of the Royal Commissioners who were present at the last Assembly held for that purpose and if hereafter any differences or disputes should arise either between his Majesty himself and his most Serene Highness or their subjects which cannot be determined by them they shall be composed amicably and according to the Articles of Union VIII And nothing being intended on both sides by the renewing of this Union and Treaty but to re-establish a perpetual and most necessary good understanding between the Royal and Ducal Families and to keep the same inviolable for ever and the novelties and changes which have happened in process of time having given not a little occasion of mistrust it is at last agreed and Covenanted that to reduce all things to their former condition as soon as may be his most Serene Highness and his Successors shall renounce fully and for ever their Soveraignty over the Dukedom of Sleswick and it's appurtenances together with the Island of Femaria which they obtained by the Peace of Roschild and the Treaty of Copenhaguen in the same manner as if they had never obtained or been in possession of the said Soveraignty and shall be obliged no less than heretofore within a year and a day as often as the case either by the death of the Lord or of the Vassal shall happen to demand and receive in due manner as heretofore hath been used from the Kings of Denmark the Investiture of the said Dukedom of Sleswick and it's Appurtenances together with the Island of Femaria and to perform all things according to the form prescribed by the Act of Renuntiation to be made by his most Serene Highness for which end his most Serene Highness has also obliged himself to deliver up again and consign into the hands of his Royal Majesty the Instrument he received from his late Sacred Majesty of glorious Memory and from these Senators of the Kingdom then in being which is hereby made void and rendred null Lastly this Union and Transaction shall remain entire and firm as the Basis and foundation of an everlasting Friendship and Alliance between both Houses and as a strong obligation by which his Royal Majesty and his most Serene Highness are joyned together and shall be inviolably observed by both parties and their Successors neither shall any of them do any thing contrary hereunto or suffer the same to be done and besides all that is not here altered shall by vertue of the antient Treaties remain in full force For the greater assurance of the performance of these Presents these Articles of Union and Agreement have been by Us as well his Majesties as his Highnesses Commissioners deputed for this affair signed and Sealed at Rendsbourg the 10. of July 1675. Out of the Articles of Vnion made 1533. Neither Party shall enter into a War without the Counsel and consent of the other And the same is confirmed by the other Treaties of Vnion Out of the Transaction at Othenwaldt 1579. If his Majesty for the defence of his Provinces and Subjects or the Conservation of his Dignity is necessitated to take up Arms so that the business cannot be determined by way of Justice or a fair Composure the most Serene Duke of Gottorp if the War hath been undertaken and ended by his advice and with his full consent after a previous deliberation shall be obliged to send the Succours agreed upon Out of the Concordats of the Kingdom of Denmark and the Dukedom of Sleswick Holstein 1593. Neither of the Parties shall make War without the Advice and consent of the other but if it happen that the King and Kingdom of Denmark and the Dukes of Sleswick and Holstein consent to refer their Controversies to the Cognizance and Decision of a Judicial Court and nevertheless either of them be attacked by force of Arms the other Party shall send such ●roops to his Assistance as by the following Articles are agreed upon Out of the Vnion renewed in the Year 1624. The Party whose Counsel and help is imployed may and ought to make use of this Right to profer his Mediation to the Parties entring into War for the composing their differences without coming to Arms and to this end must invite and joyn with him other Neutral Princes and States and if there be time and no danger will arise by delay let him propose all just and equitable conditions not derogating from the Dignity of the Princes engaged nor prejudicial to the cause and try what success that may have before they come to an open Rupture Out of the Inventory 4 Jul. 1675. made when the Fort of Tonningen