Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	normandy_n	2,635	5	11.0549	5	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11870	The duello or single combat from antiquitie deriued into this kingdome of England, with seuerall kindes, and ceremonious formes thereof from good authority described.	Selden, John, 1584-1654.	1610 (1610)	STC 22171; ESTC S117105	31,538	62

such prouocation without speciall leaue from the Princes person his Constable and Marshall or Lords lieutenants of the Prouinces is forbidden vnder paine to the offendor of beeing depriued from euer being able to make his part good by armes with any man as likewise from obtaining any satisfaction or amends for whatsoeuer iniury he shall pretend to haue receiued For our owne Countrie let this one example bee obserued Sir Nicholas de Segraue a Baron in Edward the firsts time challenged one Sir Iohn de Crumbwell and because the Kings prohibition restrained the combat heere in England dared him into France therein as the Record mentioneth subiecting as much as in him laye the Realme of England to the Realme of France Segraue was herevpon staied in his passage at Douer committed to the Castle and afterward in the Kings-bench confessed his fault and submitted himselfe to the King de alto basso Where-vpon Placit de Term. Pasch. 33. Ed. 1. thus speakes the Iudgement super hoc D. R. volens habere auisamentum Comitum Baronum Magnatum aliorum de consilio suo iniunxit ijsdem in homagio fidelitate ligentia quibus ei tenentur quod ipsi fideliter considerent qualis paena pro tali facto fuerit infligenda qui omnes habito super hoc consilio dicunt quod huiusmodi factum meretur poenam amissionis vitae What they thus adiudged vpon his desert was if I mistake not grounded more on their owne exasperated conceit then any English custome How this Extraiudiciall Combat is lawfull or contrary I meane by the law of armes the Imperialls although the diuine law and * christianity Lactant. lib. de ira dei teach otherwise thus I read LicitÃ¨ proceditur si iniuriÃ¢ lacessitus in eiusmodi sit territorio vbi decus et honorem suum ope iudiciali non possit tueri vt si copia Iudicis non fuerit IllicitÃ¨ si iudicis iniuriantis Arg. l. 9. ff de manumiss vindict copiam habere possit After diuers glosses and commenters vpon seuerall lawes of the Pandects and Code sith honor is not lesse nay more then life to bee respected my Triumvirate of writers of this subiect Alciat and the very late Bocer and Alciat de sing cert cap. 3. Bocer lib. 2. cap. 8. Beuth. conclus 76. Beuther all great Lawyers expresly affirme as much in constant conclusioÌ„ which shall conclude also these tripartite extraiudiciall formes the fourth for defence of possessions from iniurie and rapine failing in sufficient sollemnity for desert of bearing a part in this diuision First Authors of the Iudiciall Duell where admitted The Church of Romes inhibition against it Cap. 5. NExt follow the Iudiciall sort which are by some legall or ordinary proceeding managed and are part of the number of the auncient Trialls which were either Canonicae or Vulgares The Canonicae were such as relyed vpon Church-doctrine and religion as especially Oath and receiuing the Eucharist both which in England among the Saxons were in vre The Vulgares called Leges Canuti can 5. exploratoriae purgationes or probae were the ancient Ordells thus deuided Fiery Watry of Camp-fight which is the Duello The two first omitted as also the tryall of Witches by casting them bound into the water or valuing their waight neuer aboue a certaine Poize and such like the last onely is the present subiect In those times which the Philologers call Mythique there is among Poets some-what not altogether vnlike this kinde of tryall of doubtfull right if you will admit that there is any preheminent right among equally respected wooers Hee that could shoote best in Vlysses bow was for delay by Penelope her selfe iudged as the worthiest of Penelope Oenomaus his proclamation Lucian in Charidemo of his chariot-courses to make triall who should enioy Hippodamia which Pelops through perfidious Myrtilus at length won sauours somthing of respect to Bellona's iudgement for although in the swiftnesse of their coursers the victory consisted yet seeing bello armantur equi bellumque armenta minantur and great Achilles Virgil. Aeneid had his education vnder a Centaure this is a part as well of Mars his discipline as close handy strokes In the time historique when the great Iusting at Carthage in Spaine was appointed by Scipio in houor of his Father and Vncle two noble Spaniards Corbis and Orsua Cozen-germans striuing for the title of superiority in a citty there called Ibis non Liu. Ab ã€ˆâ—Šã€‰ C. lib. 28. alium Deorum saith my author hominumuÃ¨ quam Martem se iudicem habituros esse professi sunt although Scipio laboured much for quiet transaction of the controuersie Both hauing entered the lists maior saith Liuy vsu armorum astu facile stolidas vires minoris superauit But it were too Arcadian-like to fetch hence or out of these times the infancy or beginnings of the Duello-triall by course iudiciall The Northerne inhabitance as before is noted haue especially of old time made vse of this forme of searching out the hidden truth The Russians Hungarians Almans NormaÌ„s English others But the most coÌ„mon iudgment of writers and cleerly the truest deriues the fountaine thereof from the Ancient Lumbards called by reason of their long Beards Longobardi a people that out of those Northerne parts of Europe which vnder the generall name of Scandia containe Norway Swethland Danemarke and other regions by North high Germanie ouer-ran some of the chiefe countries of this fourth part of the world and indeed at the first when they sought those new habitations tried their title of safe passage through some parts of Germany by single fight twixt one of Paul VVarnfred de gest Longobard lib. 1. cap. 12. their owne Campe and as Paule warnfred reports another of their enemies They were a nation like enough to bee Fathers of such a child Tacit. de morib Germanorum which is alone testified in that of Tacitus writing of the largenesse of some of their neighbours states Contra Longobardos paucitas nobilitat so neat Lipsius reads it quod plurimis ac valentissimis nationibus cincti non per obsequium sed praeliis periclitando tuti sunt Nay the same author hath in expresse termes that which directly tastes of this trying Monomachy among some of the adioyning people of that climate Eius gentis saith he Tacitus ibid. cum qua bellum est captiuum quoquo modo interceptum cum electo popularium suorum patriis quenque armis committunt victoria huius vel illius pro praeiudicio accipitur But for the matter-selfe with-out Carol. sigon hist. de regno Italiae lib. 2. longer circumstances Longobardorum so saies my Italian historiographer antiqua est consuetudo vt crimina vel maxima singulari praelio purgarentur quae poste Ã per leges translata per multa tempora obseruata est In so much that by speciall constitution of Fronto alias Frotho King of the Danes

all Saxo Grammatic hist. Daniae ib. 5. 10. controuersies tooke this for their touchstone vntill such time as King Poppo a Christian thinking wronged Vulcan to be a better iudge then wrounging Mars by new iuduction of the Fiery Ordell made thereof abrogation After the Gothique Martin del Rio dâ—sq Magi. lib. 4. q. 4. sec. 2 irruptions into the Empire and the Lumbards power and customes enlarged the rest not without the allowance of one of the Pope Iohns of Germany France and Spaine not in Criminall onely but also in Ciuill causes haue admittance of it Bodin de repub lib 4. cap. 7. ex lâ—gibus â—â—â—go bard and howsoeuer Rhotaris a Lumbard King once prohibited it yet he was constrained afterwards to restore it But for the most part the Church of Rome hath impugned it with her authority Pope Nicholas the first forbad the Emperor Lothar to try his wiues suspected chastity by the appointed Caus. 2. quest 5 c. 22. monomachiam Decret tiâ— de vulgari purgatione Concil Trident sess 9. can 19. ps 2. combat of two elected dhampions cum hoc so he wrot hâ—iusmodi sectantes Deum solum modÃ² tentare videantur so did Celestine the third and other Bishops of that Sea last of all thus thunders the councel of Trent Imperator Reges Duces Principes Marchiones Comites quocunque alio nomine Domini temporales qui locum ad Monomachiam in terris suis inter Christianos concesserint eo ipso sint excommunicati ac iurisdictione dominio ciuitatis castri aut loci in quo vel apud quem duellum fieri permise rint quod ab eclesia obtineÌ„t priuati intelligantur si feudalia sint directis Dominis statim acquiraÌ„tur Qui verÃ² pugnam commisserint qui eorum patrini vo cantur excoÌ„municationis omnium bonorum suoruÌ„ proscriptionis perpetuae infamiae paenam incurrant vt homicidae iuxta sacros canones puniri debent si in ipso conflictu decesserint perpetuÃ³ careant ecclesiasticÃ¢ sepulturÃ¢ Illi etiam qui consilium in causa Duelli tam in iure quam facto dederint aut alia quacunque ratione ad id quenquaÌ„ suaserint nec non spectatores excommunicationis ac perpetuo maledictionis vinculo teneantur Non obstante quocunque priuilegio seu praua consuetudine etiam immemorabili To those which were the obseruant sonnes of the Roman Church this and the other decrees extend their inhibitions But the English customes neuer permitted them-selues to be subiected to such Clergy-canons alwaies vnder parliament correction retaining as what-so-euer V. Smith lib 2 de â—â—p Anglorum cap. 7. they haue by long vse or allowance approued so this of the Duell which how it first came into this Kingdome stands next to bee inquired Whence England receiued it if from the Normans Chap. 6. I Thinke it not easy to proue this custome in EnglaÌ„d before the Norman conquest yet it appeares y â— the ancient GermaÌ„s who were the fathers of the English made some vse of it and Verstegan in his Verstegan pag. 64. 300. chapter of the old manner of liuing of the Saxons out of good authority numbers his Kamp-fight whence comes our English names of Kemp and Campion for a Combat-fighter among the foure Ordells which then purged or condemned as mute iudges Ad de herevnto the iudgement of Guil le Rouille Alenconiensis in praefat Ã¢ le graund Cust. du Normandy William Rouille d' Alenson in his Preface to the old graund Custumier du Normandie making the Norman customes among which the Duell is one to owe their originall to England rather then the English to Normandy His words because they Atqui lector adeas fi de his consulas Rogerum de Houeden in 2. part annalâ—um fol. 346. seq G. insuper CamdenuÌ„ Lambardum in explic verb. nouissi nÃª quae sunt ab honoratissimo J. C. tissimo V. D. Ed. Coke Eq. aurato priuatorum iudicioruÌ„ praetoâ—â— summo ad terâ—ium lâ—bruÌ„ responsorum edita maxime quae ab iâ—sde e â—eruâ—sio Tilburiensi trâ—â—scrâ—buÌ„â—ur touch the generality of our common lawes shall not be left without a roome here At huiusce Normannicae consuetudinis speaking of the whole Custumary latorem siue â—atorem S. Edwardum Angliae regem testatur vulgaris illa Cronica quae Cronica Cronicorum intitulatur vbi de Gulielmo Bastardo Normannorum Duce alias Anglorum rege loquitur dicens quod cum praedictus S. Edwardus ex se liberos heredes nullos haberet Guilielmum regni heredem instituit qui deuicto mortuo Haroldo regni vsurpatore hac conditione regno liberÃ¨ potitus est vt scilicet leges prius a praefato Edwardo latas seruaret qui quidem Edwardus leges etiam Normannis dederat etiam cum Normannia diu fuisset enutritus But all this perswadeth not such Antiquity of the English Duell The old Saxon lawes of Alfred Edward Athelstane Edmund Edgar or others of those times are silent of any such matter Nor as I remember haue the Monkish stories of that age any authority for proofe of it Onely in William of Malmesbury relation is made of a combat fought and a champion slaine vpon proofe of Malmesbur de gest reg li 2 cap 12. the by-insimulation-wronged chastity of Gunhilda daughter to Hardknot and wife to Henry the third of Germanie but this was out of the English territory wherefore although the one part was English nothing to our purpose is hence gathered Leg. Guil. Coq apud Lamb. fol. 125. But in the lawes of VVilliam the first it is decreed that if a French-man appeale an Englishman of periury murder theft mans-slaughter or robbery Anglus se defendat per quod melius voluerit aut iudicio ferri * Ferri nimirum igniti cuius formam explicatissime babes in Antiq. Eccles. Brit. in Lamb. expli verb. aut Duello It rests therefore that wee admit that the Normans alias North mans being by their first ofspring from the Norwegian coast where this custome as before is shewed had his breeding were the first authors of it in this their conquered kingdome The diuision of the Duell iudiciall as of iudgements the forme out of the Common law till the lists intred with authority and examples of the Criminall Duell Chap. 7. GEnerally it being thus from the antients brought into England what followes of it also shal be within England chiefely confined As Cicer in orat pro Cecinna the diuision of iudgements is bipartite consisting eyther in punishment of misdeedes committed against the body of the state or determination of controuersies touching onely particular persons which in fewest wordes is expressed by Publike and Priuate Criminall and Ciuill so if the Tryall may be denominated from the iudgement the same distinction may bee admitted in the Duell to bee eyther Criminall or Ciuil Criminall beeing waged for purgation of

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