Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	henry_n	king_n	prince_n	7,937	5	6.0693	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

be wordes formall and our men of Lawe be very precise in their words formall If he say legit the Iudge procéedeth no further to sentence of death if he say non the Iudge foorthwith or the next day procéedeth to sentence which is doone by word of mouth onelie Thou A. hast béene endicted of such a felonie and thereof arraigned thou hast pleaded not guiltie and put thy selfe vpon God and thy Countrie they haue found thée guiltie thou hast nothing to say for thy selfe the Lawe is thou shalt first returne to the place from whence thou camest from thence thou shalt goe to the place of execution there thou shalt hang till thou be dead Then he saith to the Sherife Sherife doe execution he that claimeth his Clergie is burned forthwith in the presence of the Iudges in the brawne of his hand with a hot yron marked with the letter T. for a théefe or M. for a mansleer in cases where Clergie is admitted and is deliuered to the Bishops officer to be kept in the Bishops prison from whence after a certaine time by an other enquest of Clarkes he is deliuered and let at large but if he be taken and condemned the second time and his marke espied he goeth to hanging He whom the enquest pronounceth not guiltie is acquitted foorthwith and discharged of prison paying the gaolers fées and if he knowe any priuate man who purchased his inditement and is able to pursue it he may haue an action of conspiracie against him and a large amendes but that case chaunceth seldome Certaine orders peculiar to England touching punishment of malefactors CHAP. 24. FOr any felonie manslaughter robberie murther rape and such capitall crimes as touch not treason laesam maiestatem we haue by the Lawe of England no other punishment but to hang till they be dead when they be dead euerie man may burie them that will as cōmonly they be Heading tormenting demembring eyther arme or legge breaking vpon the whéele empaciling such cruel torments as be vsed in other nations by the order of their law we haue not yet as few murthers cōmitted as any where nor it is not in the Iudges or the Iustices power to aggrauate or mitigate the punishment of the Lawe but in the Prince onely and his priuie Counsell which is maruellous seldom done Yet notable murtherers many times by the Princes commaundement after they be hanged with corde till they be dead bee hanged with chaines while they rotte in the ayre If the wife kill her husbande shée shall be burned aliue If the seruaunt kill his master hee shalbee drawen on a hurdle to the place of execution it is called petit treason Impoisoners if the person die thereof by a new lawe made in king Henrie the eights time shalbe boyled to death but this mischiefe is rare and almost vnknowen in England Attempting to impoison a man or laying await to kill a man though he wound him daungerously yet if death followe not is no fellony by the lawe of Englande for the Prince hath lost no man and life ought to be giuen we say but for life only And againe when a man is murdered all be principals and shall die euen he that doth but hold the candel to giue light to the murderers For mitigation and moderation of paines is but corruption of Iudges as we thinke Likewise torment or question which is vsed by the order of the ciuill lawe and custome of other countreis to put a malefactor to excessiue paine to make him confesse of him selfe or of his fellowes or complices is not vsed in England it is taken for seruile For what can he serue the common wealth after as a frée man who hath his bodie so haled and tormented if he be not found guiltie and what amends can be made him And if he must die what crueltie is it so to torment him before Likewise confession by torment is estéemed for nothing for if he confesse at the iudgement the tryall of the xij goeth not vpon him If he denie the fact that which he said before hindereth him not The nature of English men is to neglect death to abide no torment And therefore he will confesse rather to haue done any thing yea to haue killed his own father than to suffer torment for death our natiō doth not so much estéem as a mean tormēt In no place shal you sée malefactors go more constantly more assuredly with lesse lamentation to their death than in England Againe the people not accustomed to sée such cruell torments will pitie the person tormented and abhorre the Prince and the Iudges who should bring in such crueltie amongst them and the xij men the rather absolue him There is an olde lawe of England that if any gaoler shall put any prisoner being in his custodie to any torment to the intent to make him an approuer that is to saie an accuser or Index of his complices the gaoler shall dye therefore as a felon And to say the trueth to what purpose is it to vse torment For whether the malefactor confesse or no and whatsoeuer he saith if the enquest of xij do find him guiltie he dyeth therefore without delaye And the malefactour séeing there is no remedie and that they be his countrie men and such as he hath himselfe agreed vnto it do finde them worthie death yéeldes for the most part vnto it and doeth not repine but doth accōmodate him selfe to aske mercie of God The nature of our nation is frée stout haulte prodigall of life and bloud but contumelie beatings seruitude and seruile torment punishment it will not abide So in this nature and fashion our auncient Princes and legislators haue nourished them as to make them stout hearted couragious and souldiers not villaines and slaues and that is the scope almost of all our policie The xij as soone as they haue giuen their verdict are dismissed to goe whither they will and haue no manner commoditie profit of their labour and verdict but onely do seruice to the Prince and commonwealth Of Treason the trial which is vsed for the higher nobilitie and Barons CHAP. 25. THe same order touching trial by enquest of xij men is taken in Treason but the paine is more cruell First to be hanged taken downe aliue his bowels taken out and burned before his face then to be beheaded and quartered and those set vp in diuerse places If anie Duke Marques or any other of the degrée of a Baron or aboue Lord of the Parliament be appeached of treason or anie other capitall crime he is iudged by his péeres and equals that is the yeomanrie doth not go vpon him but an enquest of the Lordes of the Parliament and they giue their voice not one for all but eche seuerally as they do in Parliament beginning at the youngest lord And for Iudge one lord sitteth who is Constable of England for that day The iudgement once giuen he breaketh his

they faile of being there Of the Coroner CHAP. 21. BVt if anie man woman or child be violently slaine the murtherer not knowen no man ought or dare burie the bodie before the Coroner hath séene it The Coroner is one chosen by the Prince of the meaner sort of gentlemen and for the most part a man séene in the lawes of the Realme to execute that office And if the person slaine slaine I cal here whosoeuer he be man woman or childe that violently commeth to his death whether it be by knife poyson cord drowning burning suffocation or otherwise be it by his owne fault or default or by any other if I say the person slaine be buried before the Coroner doe come which for the most part men dare not doe he doeth cause the bodie to be taken vp againe and to be searched and vppon the sight of the bodie so violently come to his death he doth empanell an enquest of xij men or mo of those which come next by be they strangers or inhabitantes which vpon their othes and by the sight or viewe of the bodie and by such informations as they can take must search howe the person slaine came to his death and by whome as the doer or causer thereof These are not inclosed into a streit place as I tolde before of other enquestes but are suffered to goe at large and take a day sometime after xx or xxx daies more or lesse as the fact is more euident or more kept close to giue their euidence at which day they must appeare there againe before the saide Coroner to giue their verdict So sometime the person slaine himselfe sometime the brother the husbande the wife the sister some of acquaintance or stranger such as God wil haue reueiled be taken For whosoeuer they doe finde as guiltie of the murder he is streight committed to prison and this is against him in the nature of an inditement which is not a full condemnation as ye shall sée héereafter The empanelling of this enquest and the viewe of the bodie and the giuing of the verdict is commonly in the stréete in an open place and in Corona populi but I take rather that this name commeth because that the death of euerie subiect by violence is accounted to touch the crowne of the Prince and to be a detriment vnto it the Prince accounting that his strength power and crowne doth stande and consist in the force of his people and the maintenaunce of them in securitie and peace Of the Constables CHAP. 22. THese men are called in the elder bookes of our lawes of the Realme custodes pacis and were at the first in greater reputation than they be nowe It may appeare that there was a credit giuē vnto them not altogether vnlike to that which is now giuen to the Iustices of peace To this day if any affraie chaunce to be made the Constables ought and will charge them that be at debate to kéepe the Princes peace and whosoeuer refuseth to obey the Constable therein all the people will set streight vpon him and by force make him to render himself to be ordered Likewise if any be suspected of theft or receiuing or of murther or of manslaughter the Constable may take such persons yea enter into any mans house with sufficient power to search for such men till he finde them and if hee sée cause kéepe the suspected persons in the stockes or custodie til he bring them before a Iustice of the peace to be examined But for so much as euerie litle village hath commonly two Constables and many times artificers labourers and men of small abilitie be chosen vnto that office who haue no great experience nor knowledge nor authoritie the Constables at this present although this they may do vppon their owne authoritie yet they séeme rather to be as it were the executors of the commaundement of the Iustices of peace For the Iustice of peace as soone as he vnderstandeth by complaint that any man hath stolen robbed slaine or any seruant or labourer without license hath departed out of his maisters seruice or any that liueth idle and suspectly knowing once in what parish he is he writeth to the Constable of the parish cōmanding him in the Princes name to bring that man before him the Constable dareth not disobey The man is brought and examined by the Iustice and if the Iustice doe finde cause hee committeth him to the same Constable to conuey him further to the Princes gaole where the partie must lie till the Iustices of peace doe méete either at their quarter sessions or at their gaole deliuerie and that the lawe hath either condemned or acquited him These Constable are called in some places headborowes in some places tithingmen and be like to them who are called Consuls in manie townes and villages in Fraunce The Constables are commonlie made and sworne at the Léetes of the Lordes chosen thereto by the homage and they kéepe that office sometime ij iij or iiij yeare more or lesse as the parish doth agrée What headborow doth betoken it is easily knowen our language doth declare him as the head or chiefe of the borowe or village likewise tithing man is the chiefe of y e tithing Constable séemeth to me to come of our old English worde kinnyng which is Kinnyngstable as ye would say a mā established by the king for such thinges as appertaineth to pleas of the crowne conseruation of the Kings peace as I saide at the first were in some more reputation approching to that authoritie which the Iustices of peace nowe doth holde Of the sessions of gaole deliuerie and the definitiue proceedinges in causes criminall CHAP. 23. HOwe théeues and murtherers and other malefactors against the crowne and the peace are taken brought into holde to answere to iustice partly by hue and crie partly by information and partly by the diligence of the Justices of peace and the Constables and howe that at the quarter sessions they be indicted or else by the Coroners yee haue hearde before Enditement as yee may perceive by that which is also gone before is but a former iudgement of xij men which be called enquirers and no definitiue sentence but that which in latin is called praeiudicium it doth but shewe what opinion the countrey hath of the malefactor and therefore commonly men be endicted absent not called to it nor knowing of it For though a man be endicted yet if when he come to the arainement there be no man to pursue further nor no euidence of witnesse or other triall and indices against him he is without difficultie acquited No man that is once indicted can be deliuered without arainement For as xij haue giuen a preiudice against him so xii againe must acquite or condemne him But if the prisoner be not indicted but sent to prison vpon some suspition or suspitious behauiour and none doe pursue him to the enditement first being proclaimed thus A. B.

prisoner standeth héere at the barre if any man can say anything against him let him now speake for the prisoner standeth at his deliueraunce if no man doe then come hee is deliuered without any further proces or trouble agréeing first with the gaoler for his fées And these be called acquited by proclamation Twise euerie yeare the one is commonly in lent what time there is vacation from pleading in Westminster hall the other is in the vacation in summer The Prince doth sende downe into euerie shire of Englande certaine of his Iudges of Westminster hall and some Sergeantes at the lawe with commission to heare and determine ioyntly with the Justices of the peace all matters criminall and all prisoners which be in the gaoles These Iudges doe goe from shire to shire till they haue doone their circuit of so manie shires as be appointed to them for that yeare at the ende of the terme going before their circuit it is written and set vp in Westminster hall on what day and in what place they will be That day there méeteth all the Justices of the peace of that shire the sherife of that shire who for that time beareth their charges and asketh after allowance for it in the Exchequer The shirife hath readie for criminall causes as I writ before at the sessions of inquirie iiii v. or vi enquestes readie warned to appeare that day to serue the Prince and so manie more as he is commaunded to haue readie to go in civill matters betwixt priuate men which they call Nisi prius because that worde is in the writ In the towne house or in some open or common place there is a tribunall or place of iudgement made aloft vpon the highest bench there sitteth the two Judges which be sent downe in Commission in the midst Next them on eche side sitteth the Justices of peace according to their estate and degrée In a lower bench before them the rest of the Justices of the peace and some other gentlemen or their clarkes Before these Iudges and Justices there is a table set beneath at which sitteth the Custos rotulorum or kéeper of writtes Thexchetor the vndershirife and such clarkes as doe write At the end of that table there is a barre made with a space for thenquestes and xii men to come in when they are called behind that space another barre and there stand the prisoners which be brought thither by the gaoler all chained one to another Then the cryer crieth and commaundeth silence One of the Iudges briefely telleth the cause of their comming giueth a good lesson to the people Then the prisoners are called for by name and bidden to aunswere to their names And when the Custos rotulorum hath brought foorth their enditements the Iudges do name one or two or thrée of the prisoners that are endicted whom they will haue arraigned There the clarke speaketh first to one of the prisoners A. B. come to the barre hold vp thy hand The clarke goeth on A. B. thou by the name of A. B. of such a towne in such a countie art endicted that such a day in such a place thou hast stolen with force and armes an horse which was such ones of such a colour to such a valor and carried him away feloniously contrarie to the peace of our soueraigne Ladie the Quéene What sayest thou to it art thou guiltie or not guiltie If he will not aunswere or not aunswere directly guiltie or not guiltie after he hath béene once or twise so interrogated he is iudged mute that is dumme by contumacie and his condemnation is to be pressed to death which is one of the cruellest deathes that may be he is layd vpon a table and an other vppon him and so much weight of stones or lead laide vppon that table while as his bodie be crushed his life by that violence taken from him This death some strong stout hearted man doth choose for being not condemned of felonie his bloud is not corrupted his lands nor goods confiscate to the Prince which in all cases of felonie are commonly lost from him and his heires if he be foreiudged that is condemned for a felon by the lawe If he confesse the enditement to be true then when he is arraigned no xii men goeth vpon him there resteth but the Iudges sentence of the paine of death If he pleade not guiltie as commonly all théeues robbers murtherers doe though they haue confessed the fact before the Justice of the peace that examined them though they be taken with the maner which in Latine they call inflagranti crimine howesoever it be if he pleade there not guiltie the Clarke asketh him howe he will be tryed and telleth him he must saie by God and the Countrie for these be the words formall of this triall after Inditement and where the Prince is partie if the prisoner doe say so I will be tryed by God and the Countrie then the Clarke replyeth Thou hast béene endicted of such a crime c. Thou hast pleaded not guiltie being asked how thou wilt be tryed thou hast aunswered by God and by the Countrie Loe these honest men that be come here be in the place and stead of the Countrie and if thou hast any thing to say to any of them looke vpon them well and nowe speake for thou standest vpon thy life death Then calleth he in the first Juror B. C. come to the booke and so giueth him an othe to goe uprightlie betwixt the Prince and the prisoner c. If the prisoner obiecteth nothing against him he calleth an other and so an other till there be xii or aboue and for the most part the prisoner can say nothing against them for they are chosen but for that day and are vnknowen to him nor they know not him as I said being substantial yeomen that dwell about the place or at the least in the hundred or néere where the felonie is supposed to be committed men acquainted with daily labour and trauaile and not with such idle persons as be readie to doe such mischiefes When the enquest is full and the prisoner hath obiected nothing against them as in déede seldome he doeth for the cause aboue rehearsed The clarke saith to the cryer countes in French as ye would say recken and so nameth all those that be on the quest The crier at euerie name cryeth aloude one then ij iij. iiij and so till the number be full of xii or more then saith good men and true and then sayth aloude If any can give euidence or can saie any thing against the prisoner let him come nowe for he standeth vpon his deliuerance If no man come in then the Iudge asketh who sent him to prison who is commonly one of the Justices of peace He if he be there deliuereth vp the examination which he tooke of him and vnderneath the names of those whom he hath bound to giue euidence although the malefactor hath

staffe and abdicateth his office In the rest there is no difference from that aboue written THE THIRDE booke Of that which in other countries is called appellation or prouocation to amend the iudgement or sentence definitiue which is thought vniustly giuen in causes criminall CHAP. 1. IF the enquest of xij men do séeme to the Iudges the Iustices to haue gon too violently against the euidence giuen in matters criminall either it is that vpon slender euidence they haue pronounced him giltie whō the Iudges most part of the Iustices thinkes by the euidence not fullie prooued guiltie or for some other cause do thinke the person rather worthie to liue than to die The enquest is neuerthelesse dimissed but when the Iudges should pronounce the sentence of death vpon the person found guiltie he will differ it which is called to repriue the prisoner that is to say to sende him againe to prison and so declare the matter to the Prince and obtaineth after a time for the prisoner his pardon and as for prouocation or appeale which is vsed so much in other countries it hath no place in England after sentence giuen by the xii whereby the person is founde guiltie or not guiltie but without that repriuing the sentence is streight put in execution by the sherife And if they either escape or die an other death the sherife escapeth not to paie a great fine and ransom at the Princes mercie if hauing pregnant euidence neuerthelesse the xii doe acquite the malefactor which they will doe sometime and especially if they perceiue either one of the Iustices or of the Iudges or some other man to pursue too much and too malitiously the death of the prisoner and doe suspect some subornation of the witnesse or them which doe giue euidence and sometime if they perceiue the Iudge would haue the prisoner escape and in repeating the euidence doe giue them thereof some watchworde But if they doe as I haue saide pronounce not guiltie vpon the prisoner against whome manifest witnesse is brought in the prisoner escapeth but the xii not onely be rebuked by the Iudges but also threatned of punishment and many times commaunded to appeare in the starrechamber or before the priuie counsell for the matter But this threatning chaunceth oftener than the execution thereof and the xii answere with most gentle wordes they did it according to their consciences and pray the Iudges to be good vnto them they did as they thought right and as they accorded all and so it passeth away for the most part Yet I haue séene in my time but not in the raigne of the Quéene nowe that an enquest for pronouncing one not guiltie of treason contrarie to such euidence as was brought in were not onely imprisoned for a space but an houge fine set vpon their heads which they were faine to pay An other enquest for acquiting an other beside paying a fine of money put to open ignominie and shame But those doinges were euen then of many accounted verie violent tyrannicall and contrarie to the libertie and custome of the realme of England Wherefore it commeth verie seldome in vse yet so much at a time the enquest may be corrupted that the Prince may haue cause with iustice to punish them For they are men and subiect to corruption and parcialitie as others be VVhat remedie is if the sentence be thought vniustly giuen CHAP. 2. IN causes ciuil there is another order for if after the matter be pleaded to the issue and the xij men thereupon impaneled the euidence brought and pleaded before them on both the parties the xij séeme to be parciall and to haue giuen sentence contrarie to the euidence shewed vnto them the partie gréeued may bring against them and the partie for whome the sentence is giuen a writ of attaint and where as before vpon the first quest commonly they all be yeomen now vppon this attaint must go xxiiij gentlemen dwelling within the shire and xij at the least of the hundreth where the lande lyeth The matter is pleaded againe before the same Iudges The partie defendant is not onely nowe he who claimeth the lande but also all and euery of the yeomen who by their verdict did giue it him There must in the attaint no more euidence be brought in but onely that which was brought in and alledged before the first enquest And if this seconde enquest of xxiiij gentlemen do adiudge as the first did the plaintife shall not onely lose the land but also paie a fine to the Prince and damages to the partie If this seconde enquest do finde that the first enquest hath gone parcially and against the euidence brought in before them the first enquest is called attainted and accounted as periured and infamed The Prince had before the waste of all their lands and possessions with other punishments which at this present by a lawe made by parliament in the time of king Henrie the eight is abolished and nowe by that law or act of parliament beside other punishment eche of the quest attainted payeth vnto the Prince and partie v. li. if it be vnder fourtie poundes and if aboue then xx li. Attaints be verie seldome put in vse partly because the gentlemen will not méete to slaunder and deface the honest yeomen their neighbours so that of a long time they had rather paie a mean fine than to appeare and make the enquest And in the meane time they will intreat so much as in them lyeth the parties to come to some composition and agréement among them selues as lightly they do except either the corruption of the enquest be too euident or the one partie is too obstinate and headstrong And if the gentlemen do appeare gladlyer they will confirme the first sentence for the causes which I haue saide than go against it But if the corruption be too much euident they will not sticke to attaint the first enquest yet after the gentlemen haue attainted the yeomen if before the sentence be giuen by the Iudge which ordinarily for a time is differred the parties be agréed or one of them be dead the attaint ceaseth If at anie time before the sentence be giuen or put in execution there be found some such errour in the writ in the proces or forme as our lawyers be verie precise and curious of their formes that it may be reuocable it is brought afresh to the disputation by a writ of errour and all that is doone reuersed But that is common to all other countries where the ciuill law is vsed which they call de nullitate processus and serueth both in Englande and in other places aswell in causes criminall as ciuill Other kinde of appellation to reuoke processes and to make them of short long of long infinite which is vsed by the ciuill lawe we haue not in our common lawe of Englande By supplication to the Prince and complaint to the Chauncellor vpon supposall of losse or lacke of