Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	edward_n	king_n	year_n	8,591	5	5.7368	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59386	Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world.	Sadler, John, 1615-1674.	1682 (1682)	Wing S279; ESTC R11835	136,787	326

at his Coronation which yet was by consent of Parliament Matris suffragio proceribus Congregatis as the Monk of Malmsbruy Where we have this Compendium of Ethelred Regnum adeptus obsedit potius quam Rexit Annis 37. Saevus in Principio miser in Medio Turpis in Exitu So that we need not wonder at the Parliament which in his Time provided that the greatest and the highest Offenders should have most punishment and heaviest Doom In the Danish Storm he fled to Normandy and the Parliament sent him this Message in VVigornensis Hoveden Huntingdon Florilegus and All That they would receive it again on Condition he would govern more Justly or more Mildly si ipse vel Rectius gubernare vel Mitius By his Son Edward he cajoled both the Lords and the Commons Majores Minoresque Gentis suae promising to be wholly guided by them and so return'd again But he gave so little satisfaction to his People that they rejected his Sons and Elected Canute Who did solemnly Swear to them quod secundum Deum secundum Seculum Fidelis esse vellet eis dominus as the Monk at VVorcester and those that follow him Yet it is also agreed that the Citizens of London pars Nobilium did Elect Edmund Ironside and that the Kingdom was also parted between these Two by consent of Parliament and beside the croud in the Road the Laws of the Confessor do assert that Agreement to the Parliament Universis Angliae Primatibus assensum Praebentibus Edmund lived but a few Months to interrupt Canute who was then received by Consent of All Iuraverunt illi quod eum Regem sibi eligere vellent Foedus etiam cum Principibus omni Populo ipse illi eum ipso percusserunt as Old Florence and Hoveden besides the Saxon Chronology and the Abbot of Croyland hath it thus Omnium Consensu Canutus super totam Angliam Coronatus Of his Parliaments and their good Laws I spake before and of their Oath to the Kingdom much might be added And besides all Historians Fleta speaketh of his Brief or Writ sent to the Pope and of his Church-seed payed as he saith Sanctae Ecclesiae die Sancti Martini Tempore tam Britonum quam Anglorum Lib. 1. Cap. 47. Harold came after Consentientibus quam plurimis Natu Majoribus Angliae As Wigornensis and Hoveden Electus est in Regem fuit N. Magnum placitum aput Oxenford Elegerunt Haroldum as we read in Huntingdon and Matthew of Westminster But Harold being dead Proceres ferme totius Angliae Legatos ad Hardicanutum Bricgae Mittentes Rogaverunt illum ut Angliam veniret Sceptra Regni susciperet And afterward Gaudentur ab omnibus suscipitur and Huntingdon addeth Electus est But he did nothing worthy of their Choice and so became odious E're long we find him swooning at Lambeth in the midst of a Wedding Jollity and soon after Expiring Edward the Confessor succeedeth by Election Paruit Edwardus Electus est in Regem ad omni Populo And Florilegus addeth to Huntingdon That Annuente Clero Populo Londinis in Regem Eligitur As before them both Ingulph Omnium Electione in Edwardum Concordatur His Elder Brother Elfred stepping in between the Death of Harold and Hardicanute Compatriotarum perfidia maxime Godwini Luminibus orbatus est and little less than Famished Godwin excuseth himself by the Kings Service or Command but it would not acquit him though he bestowed costly Bribes Edward can hardly dissemble it Godwine rageth flieth out into Rebellion and is Banished it seems by Parliament E're long he returns again presuming on his Great Friends and Alliance but in Parliament the King Appeals him of his Brothers Death which Godwine denies and puts himself upon the Parliament as did the King saying That they had heard his Appeal and the Earls Answer and it remained that they should do Justice and pronounce Judgment It was in Debate whether a Subject might Combat his Prince upon Appeal but at length the Quarrel was composed by the Parliament till Godwine curseth himself and is choaked as his Lands swallowed in Godwins Sands of which Old Wigornensis and Hoveden with Malmsbury Huntingdon Florilegus and divers others but especially Aornalensis and Mr. Seldens Titles of Honour That King Edward named the Duke of Normandy for his Successor is affirmed by some that follow the Abbot of Croyland and Malmsbury but the Monk of Worcester asserteth Harold to be chosen by the King and Parliament to be his Successor Quem Rex Successorem elegerat à totius Angliae Primatibus ad Regale Culmen electus as Roger Hoveden in the same words And the Monk of Malmsbury confesseth That Angli dicant a Rege Concessum c. Adding also That Harold excuseth his Breach of Oath to the Norman in which All agree by saying It was presumption so to swear or promise the Succession to the Crown without consent and act of Parliament Absque Generali Senatus Populi Conventu Edicto or Absque Generali consensu as Matthew Paris and Westminster express it but what in them is Tanto favore Principum as in Malmsbury and the continuer of Bede Tanto favore Civium regendum susceperit Of William the Norman much in the Militia much yet to be added for his Election and the Peoples free consent against his Conquest Londonias eum Episcopis plurimis Petit Laetanter receptus oranterque Rex conclamatus So the Abbot of Croyland living at the time which Malmsbury expresseth thus Londoniam petit moxque cum gratulatione Cives omnes effusi obviam vadunt prorupit omnibus portis unda Salutantium auctoribus Magnatibus Ita Angli qui in unam coeuntes sententiam potuissent Patriae reformare ruinam dum nullum ex suis vobebant induxere Alienum Huntingdon thus Susceptus est à Londiniensibus pacifice Coronatus Matthew Paris and Florilegus thus In Magna exultatione à Clero Populo susceptus ab Omnibus Rex acclamatus Gemitivensis addeth That ab omnibus Proceribus Rex est electus Sacro Oleo ab Episcopis Regni delibutus as Walsingham in his Neustria Wigornensis telleth us that before his Coronation he did solemnly Swear Coram Clero populo se velle Sanctas Dei Ecclesias Rectores illarum defendere nec non cunctum populum juste regere rectam Legem statuere Tenere c. So also doth Hoveden Matthew Paris in the Life of Frethrerick Abbot of St. Albans sheweth how free the Norman found our Ancestors Iugum servitutis à tempore Bruti nescientes more Normanorum Barbas radere which they note in Caesar also of the Britains and concludeth that pro bono pacis he did solemnly swear to observe their Old Laws Bonas Approbatas antiquas Leges quas Sancti Pii Angliae Reges ejus Antecessores Maxime Rex Edwardus statuit inviolabiliter observare the like Phrase we find in Ingulph of the same Laws

Divertisements of Use as much as Pleasure to a State which else was apt to grow Morose or Melancholick if it were too Sedentary The Grecian Cards or Chess at the Siege of Troy may shew their Shuffling Cutting and Triumphing over Kings and Checking them by small Perins and in the East Scheck-maet doth signifie the King is Dead or the Kings Death But when shall we come again to the Mathematical or Philosophers Game which was also used here though now we have lost old Plato's Analyticks of which his Theon long before Vieta when shall our Kittel-Pins return again into the Grecian Skyttals of the Muses whence they might degenerate When shall our Cards return again to Charts and teach our Children Prospects and Geography with the true Site of Countreys Cities Persons and the famous men of old who conquered in their Plays by Laws of History and exact Chronology and not by Fancy only as of late When shall our Grecian Dice be taught to teach our Children Squares and Cubes with all the Mathematicks as they might much better and easier than our Papers and our Tedions Figures for I need not say how much the six sides of a Dye would help for the Root of all perfect Cubes and half six for all Surds in that and higher Powers beside so many other uses of the Dye in all Mathematicks and Architecture In which also we owe to the Grecians for our Attick and Ionick and our other Moods and so in Musick also that I speak not of Perspective and almost all the Mechanicks of Wheels Beams and Leavers with perpetua or continual Screws or of the Physick and Apothecary Terms more Grecian than Italian And beside divers of our Law-Terms Endite Ideot Chyrographer Protonotar c. I could almost believe the Grecians were the Patrons of our Tryal by Twelve which was not first brought in by the Normans or by the Saxons although we found it with them in Ethelred or Edward the Senior and before them in Alfred as appeareth by the Causes why he hanged so many Judges in the Mirror From the twelve signs of the Zodiack it might come to the Chaldeans thence or from the Iews to the Egyptians for in Egypt was the old Iury of Twelve Gods so often in Homer Herodotus Diodorus and from Egypt to Greece with the Twelve Labours of Hercules Egyptian or Oriental Hircol Hirtot Hirsut and thence the Fable of his Lyons Skin But in Greece this Number was both Famous and Sacred as in our Iuries and of this Plato in Timaeus and in Phaedrus in his Laws and in Phaedo and Critias which would almost perswade me that he had seen Moses or the Flood or the Twelve old Heroes or had read in Moses Song of the Earth being parted according to the Number of the Sons of Israel or as some would have it of the Angels or the Sons of God And for the Grecian Trials by Twelve I need cite no more than the known Histories of Orestes and of Mars tryed for Murther by a Iury of Twelve and quitted only by the equality of Votes in that Famous Place which from him was called Areopagus or Mars Hill of which St. Paul and Dyonisius and the Altar to the strange God is described in Pausanias to be compared with Laertius Epimenides and divers others that I say nothing of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which from Areopagus might come hither with the Tryal by Twelve and be Mothers to the Name rather than Person of the famous Brittish Samothes as Areopagus seemeth to have been to much if not to most of our Law Pleadings and Customs in Criminals Yet it may be possible that this Number might be as Sacred among the Trojans although I remember little of it till Aeneas's coming into Italy and then we hear of twelve Procers twelve Vulturs twelve Lictors twelve Hours and at length twelve Months and other things for which Dionysius the Saturnals the Genials and Tiraquel may be considered with that of old Ethelward in Edgar Argivae Hebdomadas gentis posuere Magistri septimanas quas voce Latini But the Romans allso had many if not all their Dozens from the Grecians which were known here long before Ethelbert did settle his Dooms Romano more and we often find the number of Twelve in the old Histories of Britain and Gaul for their Twelve Peers are much older than some may think that will have them onely to be French Nor would it be impossible I do think to shew some other of our Law Customs borrowed from the Grecians yet I do not know that our old Greek Lade was so called from Greek Law as divers would perswade us or from Greek Leod or from Greek Language which yet appeareth in the Welsh but I know not that it was spoken here or in Gaul but near Marseils a Greek Colony not much younger than the elder Cyrus But it may be that the Druyds had their Learning and their Letters though in Sacris they did write but little from the Grecians or Phenicians rather who in this did teach the Grecians as both Dictys and the Crowd of Cadmus I could also believe their Characters to be very like those of Canaan as Scaliger on Eusebius and others but I cannot yield them to be Hebrew though so many Learned men affirm it but for this see Fullers Miscellanies and Buxtorfs Dissertations with the Punick Columns of Ioshuah and Adorams Tomb in Spain Villalpand Crinessius old Hebrew in Larius Mr. Selden de Dis Syris and de Iure Gentium that I say nothing of Tuscans Antiquities Yet if any thing I could wish the Samaritan Pentateuch where the true Ancient Hebrew as so many before Marinus it should be in Terahs Age at his Death which would more settle Chronology than else I find it possible he being there sixty Years younger when he Dyed than our Bibles make him so that Abraham might be born at his Seventy in which the Iesuit also agreeth unto Scaliger I cannot believe the Story of Ulysses Navigation hither or that Hannibal did Conquer Britain although it be recorded in a Iewish Writer of as much note as Gorionides but the mistake is of Bretany for the Brettian Brutian or Brescian Tract in Italy and such a slip is also found in some Copies of Polibius Atheneus and the Fragments of Olympiodorus But of Phenician Traffick hereabout there are many Proofs and Reliques beside the Famous Story of the Punick Pilot who was commended and Rewarded by the State of Carthage for sinking his Ship and Fraught rather than he would be forced by the Romans to discover the Punick Traffick for Lead or Tin found about the British Islands therefore called Cassieterides Of which so many Greek Authors before Strabo or Pliny who relate the Carthaginian and Marsilian Traffick for those Oars And Matthew Paris telleth us that 1241. there was no Tin that he had heard in all the World but in Cornwall only And then it came to be found in some parts

appear on Record the Party must produce the Iudge's Seal which may be required by Writ and cannot be denied no not in such Exceptions as the present Court do over-rule And for Enrolling Records the same Statute provideth That the King should not Erect Offices or Elect Officers for Enrollment Fot that by the Common Law this did belong to the Courts themselves and Judges therein As to the Sheriff also to Elect the County Clerk for Enrollments so that the King himself could not Elect him as we find in Mitton's Case So punctual is our Law in all concerning Rolls Enrollments and Records Which is also the Law of Nature and for many Reasons As for that of Appeal to which all Courts on Earth must willingly submit Nay Heaven it self admits Appeal from its justice to its mercy so it would to Justice also by some Writ of Error if it could commit an error But however that its Judgments may be cleared to be just it also proceedeth by Record For God hearkeneth as the Prophet saith when ought is good when they meet and speak well together a Record is made and bound up as a Jewel and when evil also some are Watchers to Record it For the Books shall be opened and we shall all be judged by the Record of Heaven and our own Consciences which are now foul Draughts but shall then be as fair and clear as those of Heaven it self But in Courts on Earth if there be no Records there is scarce devisable a legal Traverse or Tryal whether all be right or appeal if any thing be wrong For what Appeal can any man make from that which doth not appear but it is only a Transient Air or Breath which may as soon be denied as it was spoken How can Errors not appearing be corrected or amended by the Parliament it self or any other Court but onely that keepeth Records of all our thoughts as much as of our words or actions I may be tedious in shewing how our Law hath ever allowed Appeals in Ecclesiasticals They were agreed in the Assizes of Clarendon in opposition to Appeals Foreign which were first attempted by Anselm as some affirm but the Date is later And the Lord Dier of Appeals is now printed in the 4th part of Institutes The Judgment of Delegates on such Appeals is called definitive And yet not so but that it may be all redressed by a Court below the Parliament for which we have the Commission of Review granted upon the Delegates nay and upon High Commission it Self as by a Clause in that Commission appeareth To which may be added Killingworth's Case and divers others Of the Court Admiral much I might add from the Laws of Olerom in Richard the 1st and the Rolls of Henry the 3d. and Edward the 1st of which also the Commentator on Littleton's continual Claim and the 22 Chapter of the last part of Institutes How it lieth open to the common Law and to daily Prohibitions may be fully seen in its Complaints to King Iames which were as fully answered by all the Judges It is no Court of Record and so did all the Judges declare in 8 Iacobi yet it must keep Records enough to ground an Appeal which lieth from thence as from Courts Ecclesiastical to Iudges delegate of which the 8th of Elizabeth and other Statutes County Hundred Baron Courts and those of Antient Demesne with all Close Writs are not of Record The Sutors are the Iudges as was said before in Cases not their own And some have thought they did proceed much by fancie without legal Proof and Witnesses till the great Charter commanding all Bayliffs to put no man upon Oath without faithful Witnesses But we have found the Charter long before King Henry the 3d. And in that Phrase of Bayliffs which in France are Governours and Magistrates as in eldest Towns or Cities with us some great Lawyers include all Iudges as Fleta with the Mirror which also calleth Coroners the Peoples Bayliffs and the Sheriffs Returns are de Baliva These inferiour Courts being not of Record held petty Pleas of Debt or Damages under 40 s Antient Demesn had other prviledges but not of forceable Trespass Vi Armis finable to the Crown Yet these also must keep Copies or some such Records as may suffice for Appeals For they may be questioned and their Proceedings being denied shall be Tryed by Iury and upon their judgments lyeth a Writ of false judgment not a Writ of Error But in the Case of Redisseison the Sheriff is Iudg by the Statute of Merton and a Writ of Error lieth on his judgment But in Case of Debt Detinue Trespass or other action above 40 s. where in the County the Sheriff holdeth Plea by force of a Writ or Commission of Iustices the Sutors are still the Iudges and no Writ of Error but false judgment lieth on them Nor doth the Coroner's judgment of Out-Lawry in the County Court forfeit Goods till it be returned and appear on Record Nay the Coroners Certificate on a Certiorari did not disable the Out-Law although the King might seize his Goods till the Return of the Exigent Quinquies Exact But a Writ of Error is proper to Record and from Record and a Plea of Nul tiel Record is not tryable by Witness or Iury but onely by it self in a Court Record Such are the Sheriffs Turns and from them as from Counties Hundreds came the Court Leets which may be held by prescription against the Great Charter In which Leets the Steward is Iudg as in the Turns the Sheriff and Bishop was till the first Norman who by Parliament exempted the Clergy as was touched before But the Laws of Henry I. bring them again into the Seculars So also the 10th of Marlbridg and before it the Laws of Clarenden for all Barons or Tenant in Capite to attend the Great Court till Sentence of Life or Member which continued long in the Parliament also The Turn enquireth of Common Nusance and of Felonies de Furtis medletis whence our Chance or Chaud Medly hot Debate or sudden Fray see the Notes on Hengham but not of Murder or Death of Man which alone of all Felony belongeth to the Coroner He was a very antient Officer and ought to be made a Knight for which the Register and Rolls of Edward the 3d. where a Merchant chosen Coroner was removed quia communis Mercator He must have a good Estate and might receive nothing of Subjects fot doing his Office But by late Statute he hath a Mark on Indictment of Murder yet upon Death by misadventure he must take nothing See the Comments on the 1st of Westminster The Coroner's Court is of Record and he may take Appeals as well as Indictments upon view of the Body and must enter them but cannot proceed but deliver them up to the Iustices which is as antient as the Great Charter for the next Gaol-delivery or the King's Bench sometimes also he is locum