Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	lord_n	robert_n	8,204	5	9.3818	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68036	Anti-duello. The anatomie of duells, with the symptomes thereof A treatise wherein is learnedly handled, whether a Christian magistrate may lawfully grant a duell, for to end a difference which consisteth in fact. Also, the maner and forme of combats granted, with the seuerall orders obserued in the proceeding thereof, with the list of such duels, as haue beene performed before the Kings of England. Truly and compendiously collected and set forth by Mr. Iohn Despagne, for the good of soueraigne and subiect. Published by his Maiesties command.	Espagne, Jean d', 1591-1659.; Delamore, Andrew, attributed name.	1632 (1632)	STC 10530; ESTC S114510	24,502	78

ANTI-DVELLO THE ANATOMIE OF DVELLS WITH THE SYMPTOMES THEREOF A Treatise wherein is learnedly handled whether a Christian Magistrate may lawfully grant a Duell for to end a Difference which consisteth in Fact Also The maner and forme of Combats granted with the seuerall orders obserued in the proceeding thereof with the list of such Duels as haue beene performed before the Kings of England Truly and compendiously collected and set forth By Mr. IOHN DESPAGNE for the good of Soueraigne and Subiect Published by his Maiesties Command LONDON Printed by Thomas Harper for B. Fisher Dwelling in Aldersgate-street at the Talbot 1632. TO THE RIGHT HONORABLE AND MOST NOBLE ROBERT EARLE OF CARNARVON LORD DORMIR BARON OF Wing c. M. of the Hawke to his Maiesty As also TO THE TRVELY Worthy Vertuous and Learned Gentlemen M. Andrew Pitcarne Master Falconer to the King M. Patrick Maulle and Master James Leuiston Esquires Groomes of his Maiesties Bed-Chamber Right Noble and truely Worthy VNDER whose protections could I more meritoriously commit this Dedication then to you whose Noble hearts are so deeply stampt with the true marke of vntainted honor that your faire Names in the front of this Booke will bee to it a strong Buckler as well as a singular Ornament For it is not the eminency of your greatnesse that induceth me to this Dedication but your admired goodnesse and sweet affability most rare in this Iron age but still inherent and abiding in your Illustrious blood Vouchsafe then now out of your noble disposition and vsuall fauour to learning and good endeauours to honor with a kind acceptance this poore oblation consecrated to your VVorth For such courtesies from you will make you liue againe and flourish in your graues Laurell springing from your ashes while the disdainers of the Muses which doe abound in this degenerated Age and like VVormes in Libraries seeme onely to liue to destroy root out and banish Learning will lie witherd neglected forgotten Therefore as the Poet hath Let not our Worthy thinke it is in vaine They by this meanes eternall Names doe gaine The Muses doe such Honour to them giue That when they dye their vertues most doe line But the enemies of learning when they die As in obliuion shut forgottenlie VVere it not for the Muses our Names and Liues should at one time depart and when faire Vertues worthy louers dye then doe their memories suruiue eternally Our guilded Monuments doe soone decaye But Fame thus sounded shall endure for aye Muses embalme our names with sweet perfume Times Odor which no time can e're consume Accept then most Noble and Worthy of this small scantling of the Muses seruices by this Dedication as courteously as officiously it is humbly Dedicated and Consecrated vpon the Altar of your Diuine Vertues A Discourse wherein is discussed this question viz. Whether a Christian Magistrate may grant a Duell for deciding of the matter when the true author of some fact committed cannot euidently be discouered GENERALL principles common notions by which a man distinguisheth what is iust and what is vniust are of themselues so perspicuous that it is in vaine for any man to bestow paines in the proofe of the same But particularities on which the eie of Iustice ought to reflect are oft times accompanied with sundry apparances and are thereby rendred disputable so we say in a generall proposition that Murder is vnlawfull but yet in some particular case it may from circumstances receiue such a qualification that it may bee esteemed a lawfull action Vniuersall maximes are like to Stars their place certaine and their motions regular and within their generall extention they comprehend inferior propositions The Law eternall of God and of Nature are two great lights which impart lustre and vigor to all the rest but when wee come to Hypotheses then a man descends as it were to the elementary region where all things are changeable and turbulent and where one shall encounter and meet with a perpetuall conflict of reasons as with so many counterbuffs of contrary winds One disputes concerning an exild man a Banditti to whom one promises pardon in case he bring the head of one of his Comrads hee brings the head of his owne father that was one of the number the question is whether hee ought to haue the benefit vpon the faith of the State assured and promised him or be punisht as a Paricid If a man found asleep be charged to haue committed a murder there is required a very serious disquisition and waighing of circumstance and reasons before he be eyther condemned or acquitted Now if the question of Right concerning what is iust and what is vniust be entangled with so many perplexities that of Fact concerning what is true and what is false is infinitely more obscure and absconded It hath been seene that two men haue so simmetrically resembled each other that all the kindred of the one and his very wife also being mistaken hath entertained the impostor into a place wherein hee had no interest and yet when the true husband hath come and presented himselfe the subtilties of the other were so quaint and his answers so pat and comformable that they haue made the Iudges to stand astonisht The eies of all Europe were a long time intent vpon that pretended Sebastian of Portugall and they that were most cleare sighted were deceiued in him Oftentimes both Fact and Right are liable to disputation as in the cause of diuorse between H. 8. and Katherine of Arragon If the question bee then of a fact which cannot bee proued by any ordinary way what shall the Iudges doe to find out the truth Wee haue not Moses resident on the earth who could consult with God himselfe when hee knew not to whom the right of a controuerted succession belonged Nor the Pectorall of iudgement vpon the habit of the great Sacrificer Nor the water of malediction which discouered the innocence or guilt of women suspected of Adultery Nor the eie of Seers or Prophets how gaue answer themselues concerning smaller matters as Saul searching his fathers asses went to Samuel to heare some tidings of them Nor that Spirit by which Elizeus discouered the auarice of Gehazi and S. Peter the lying of Ananias and Saphira I will not speake at all of those vnlawfull wayes which many haue late held to attaine thereunto no man would bring againe into vse the proofe by scalding water wherein the Liuonians put the hand of the accused partie or the iron red hot vpon which one of the greatest Princesse of Europe offered to march naked for testification of her chastity or the profanation of those who abuse the Sacrament of the Eucharist to know if a man be innocent and giue it him in this manner The body of our Sauiour Iesus Christ inable thee to proue More tolerable was that course which a Iudge tooke to end a controuersie betwixt three brethren who were at variance which of

of the lists broken downe in disgrace of the party becoming recreant and being fastned to a horse shall bee dragg'd from the place where he so lost his Armes to the block and haue his head seuered from his body or be hanged by the neck or otherwise according to the seuerall vsages of the Country It is the office of the Marshall to accompany the party to the place and there in his view to see execution done and all the sentence performed and that aswell of the side of the Appellant as the Defendant For good conscience equity and the law of the field do exact that the Appellant if in case he be conuicted and becommeth a man vanquished in his proofe that hee incurre the same paine and hazard the Defendant should haue done But if the cause be any other crime then treason hee that is so by the body of his aduersary conuicted shall lose his Armes within the lists and thence be led out to the place of his suffering which is directed by the vsage of the Country and this aswell of the Appellant as the Defendant as aforesaid onely hee shall not bee dragged nor the railes broken vnlesse it bee in case of treason and not otherwise But if it be meerely an act of Armes a tryall by challenge allowed by the grace of the King Constable and Marshall he that in such a Combat confesseth himselfe vanquished shall be disarmed degraded and being led to the skirt of the list he shall be tossed and throwne ouer the barrs without any further punishment If it please the King to take the difference and the iudgement thereof into his owne hand and command them to bee friends without any further controuersie Then the Constable taking the Appellant and the Marshall the Defendant shall beare thēboth befor the King And the King shall by the Constables signifie his pleasure vnto them Then they shall be both of them lead together vnto one of the gates of the lists and be so conueied out of the lists in all points as they entered the lists and shall be so conueied out of the lists in the same Article of time that of them no man may say A first was out or A last within the lists For since the King hath into his own hands taken the consideration of the quarrell it were dishonorable that either of the sides in a Battaile withdrawne by the word of a King should suffer any dishonor the one more then the other And the antient tenet and opinion hath bene that he that is first out of the Lists suffers a diminution of honor the field being his in honor that is last possessor of it For he maketh it good There ought to be double lists for the seruants of the Constable and Marshall and for the Sergeant at Armes of the King who are to attend and defend that no offence affray outrage or other misdeameanor against the Cryes made only in Court be committed or suffered or any affront that may be meant against the Kings Maiesty or the Laws and honor of Armes These men ought to be in compleat Armes The Constable and Marshall may bring what power they please with them into the field and those either Armed or otherwise at their Election The Kings Sergeants at Armes shall bee the keepers of the Doores and Portals of the Lists and they are to make all Arrests by the Commandment of the Constable and Marshall and such so arrested to assure The fee of the Constable is their steeds and Armes and all that they bring with them into the lists saue onely those wherewith they fight And of the partie ouercome all his Armes and other things of Combat are the right of the Constable The fee of the Marshall is onely the Lists Barres Seates and other works for that spectacle A CATALOGVE OF CERTAINE COMBATS GRANTED BY THE KINGS OF ENGLAND EDMVND of the Race of West Saxons fought in Combat with Ganutus King of Denmarke for the possession of the Crowne of England In which fight both the Princes being weary by consent parted the Land betwixt them Anno 1016. Robert Mountfort accused Henry of Essex of Treason affirming that hee in a Iourney toward Wlaes neere vnto Colshill threw away the Kings Standerd saying the King was dead and turned backe those that went to the Kings succour Henry denyed the accusation so as the matter was to bee tryed by Combat The place appointed for fight was a little Isle neere vnto Reading In this Combat Henry was vanquished and fell downe dead and at the suite of friends licence was obtained that his body might bee buried by the Monkes of Reading But it happened that the said Henry recouered and became a Monke in that Abbey Anno 1163. In the raigne of King Henry the second Henry Duke of Hereford accused Thomas Mowbray Duke of Norfolke of certaine words by him spoken as they rode betweene London and Brainford tending vnto the Kings dishonor Thomas Duke of Norfelke denied to haue spoken any such word but Henry affirming his accusation the King granted the Combat to bee performed at Couentry the seuenth of September 1398. Anno Rich. 2. but the Combat was not performed for the one and the other party was banished the Realme A combat was fought at Westminster in the Kings presence betweene Iohn Ansley Knight and Thomas Catrington Esquire whom the said Knight had accused of Treason for selling the Castle of Saint Sauiour which the Lord Chandos had builded in the Isle of Constantine in France In which Combat the Knight was victorious Anno 1374. Rich. 2. A Combat was granted vnto an Esquier borne in Nauarre to fight with an English Esquire called Iohn Welsh whom the Nauarrois accused of Treason But the true cause of the Nauarrois his malice was that the said Welsh had dishonoured his wife as being vanquished he confessed The King gaue sentence hee should be drawne and hanged Anno 1344. Rich. 2. A Combat was fought betweene Sir Richard Wooduile and one other Knight borne in Spaine After the third blow giuen the King stayed the fight Anno 1441. Henric. 6. A Combat was granted vnto Iohn Viscount borne in Cipres and Thomas de la Marsh Naturall sonne vnto Philip King of France in the Raigne of King Edward the third at Westminster There was also another Combat granted by the said King Edward which was fought neere Barwick betwixt Sir Iohn de Sitsilt and Sir Iohn de Faukenham concerning those Armes borne now by the honorable Familie of the Cecils The Coate was challenged by Sitsilt but worne by Faukenham They began the fight but it was soone determined by the King FINIS Generall principles are not to be gainsaid but particularities are subiect to argumentation Antient courses to find out facts which could not be proued by an ordinary way Vnlawfull waies vsed for that purpose Lotts Duel Lawes haue enacted wciked things