Selected quad for the lemma: truth_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	according_a	holy_a	scripture_n	2,400	5	5.5262	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59100	Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.; Selections. 1683	Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703.; Selden, John, 1584-1654. Jani Anglorum facies altera. English.; Selden, John, 1584-1654. England's epinomis.; Selden, John, 1584-1654. Of the original of ecclesiastical jurisdiction of testaments.	1683 (1683)	Wing S2441; ESTC R14343	196,477	246

many and is famous for it in our Histories being preserved safe from burning and proved innocent from the Crime There were two sorts of watery Ordeal or tryal by Water to wit cold or scalding hot The party was thrown into the cold water as in some places at this day Witches are used he who did not by little and little sink to the bottom was condemned as guilty of the Crime as one whom that Element which is the outward sign in the Sacrament of Regeneration did not admit into its bosome As to scalding Water ones arm in that manner thrust in up to the elbow made a discovery of the truth and Aelstan a Monk of Abendon afterward Bishop of Shirburn thrusting in his bare Hand into a boiling Cauldron shewed himself with some pride to his Abbot But that they say that Rusticks or Vassals only were tryed by Water for Water is ascribed to the earthly and ignoble nature Fire to the heavenly so that from the use of Fire peculiar to man Firmianus Lactantius hath fetcht an argument for the Immortality of the Soul that this is not altogether so true is made out by that one example of John a Noble and Rich old man who in the time of King Henry the Second when being charged with the death of his Brother the Earl of Ferrers he could not acquit himself by the Watery Tryal was hang'd on a Gallows Whence or by what means both these Customs were brought in among Christians 't is none of my business to make an over strait inquiry I remember that Fire among the Ancients was accounted purgative and there is one in a Tragedy of Sophocles intitled Antigone who of his own accord profest to King Creon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That in his hands be red-hot gads would kéep And over burning gleads would bare-foot créep to shew himself innocent as to the Burial of Polynices I pass by in silence that Pythagorical opinion which placeth Fire in the Centre of the Universe where Jupiter hath his Prison which Fire some however the Peripateticks stiffly oppose it would have to be in plain terms the Sun 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Who all things overlooks and all things hears Yet I shall not omit this that in the holy Bible the great and gracious God hath of a truth discovered himself to mortal conception in the very name of Fire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a thing agreeable to Divinity as saith John Reuchlin and that S. Paul hath according to the Psalmists mind stiled the Ministers of God a flame of fire And indeed to abuse the holy Scriptures by mis-interpreting them is a custom too ancient and too too common Homer and Virgil both sing of Imperjuratam Stygiamque paludem Dii cujus jurare timent fallere numen that is Th' unperjur'd Stygian lake Whose name the Gods do fear in vain to take We read of the Infants of the Celts 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Try'd in the streams of sacred Flood Whether of right or of base blood as it is in the Greek Epigrams of the fountains of Sardinia in Solinus of the moist Februa or purifications by water in Ovids Fastorum and of those Rivers that fell from Heaven and their most wonderful and hidden natures among Natural Philosophers But most of these things were not known peradventure in our Ordeals Yet Martin Del Rio a man of various Reading and exquisite Learning hath in his Magical Inquiries offered a conjecture that the tryal by Water crept into use from a paltry imitation of the Jews Cup of Jealousie Truth is a great many instances both of this way of trying by Water and of that by Fire are afforded by the Histories of the Danes Saxons Germans Franks Spaniards in a word of the whole Christian World An quia cunctarum concordia semina rerum Sunt duo discordes Ignis Vnda dei Junxerunt elementa Patres was it saith the Poet 'Cause the two diff'ring Gods Alwayes at ods That of Water that of Fire Which yet in harmony conspire The seeds of all things fitly joyn'd Therefore our Fathers have these two combin'd Or was it because that the Etymologie of the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hashamaim that is Heaven for the Heavens themselves were the feigned Gods of the Gentiles some are pleased with the deriving it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Esh i. e. Fire and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maim i. e. Water Let some more knowing Janus tell you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For my part I shall not this game pursue Why should I lose my time and labour too The superstitions and fopperies the rites and usages the lustrations and purifyings the Prayers and Litanies and the solemn preparations in consecrating and conjuring the Water c. you have in Will. Lambard in his Explications of Law terms and in Matthew Parker Arch-Bishop of Canterbury in his Antiquities of the Brittish Church Both of them together with that other of single Combat or Duel for that also was reckoned among the Ordeals were judged by the Church of Rome to be impious customs and it is long since that they have been laid aside and not put in practice among the common ordinary wayes of peoples purging and clearing themselves Well now let me come back to my own Country again and return to Northampton CHAP. XVII Other Laws Of entertaining of strangers An Uncuth a Gust a Hogenhine what of him who confesseth the Murder c. Of Frank pledge Of an Heir under age Of a Widows Dowry Of taking the Kings fealty Of setting a time to do homage Of the Justices duty Of their demolishing of Castles Of Felons to be put into the Sheriffs hands Of those who have departed the Realm 68. LEt it be lawful for no man neither in Borough nor in Village or place of entertainment to have or keep in his house beyond one night any stranger whom he will not hold to right that is answer for his good behaviour unless the person entertain'd shall have a reasonable Essoin or excuse which the Master or Host of the house is to shew to his neighbours and when the Guest departs let him depart in presence of the neighbours and in the day time Hither belongs that of Bracton He may be said to be of ones family who shall have lodged with another for the space of three nights in that the first night he may be called Uncuth i. e. Unknown a Stranger but the second night Gust i.e. a Guest or Lodger the third night Hogenhine I read Hawan man i. e. in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latin Familiaris one of the family 69. If any one shall be seised for Murder or for Theft or Robbery or Forgery and be knowing thereof i. e. shall confess it or for any other Felony which he shall have done before the Provost the Master or Bailiff of the Hundred

them often or at least too great a part of them to the use either of themselves or of the Church and so defrauded those to whom by the right of natural succession they pertained For that of the Lords Bracton his noting it as a thing denyed them compared with what we find among Articles granted in the Synod of London held under Boniface Arch-bishop of Canterbury in 42 H. 3. proves it Idem quod mortuo so is the Article laico sine Testamento non capiantur bona ipsius in manus dominorum Sed inde solvantur debita ipsius residua in usus filiorum suorum proximorum indigentium pro salute animae defuncti in pios usus per Ordinarios committantur nisi quatenus fuerit domino suo obligatus Here we see by the way plainly that the distribution in pios usus was the devising them among the next of kin according to their nearness and want not an imploying them to other uses at the Ordinaries arbitrary disposition But also that the Ordinary did in this Age sometimes usurp the Goods of Intestates against the next of kin is enough proved out of that Legatine Constitution of Othobon cum mortis incerta c. where it was ordained as you see before so in the words of it that they should not dispose of them otherwise than according as that Grant was in the Grand Charter that is to the benefit of the next of blood But the Ordinaries had about this time against the intent of that Charter so abused the right of succession that it was related for a constant truth that the Custome in Britania was that tertiae pars bonorum decedentium ab intestato in opus Ecclesiae pauperum dispensanda c. as Innocent the Fourth his words are who lived and wrote in the time of H. 3. What other ground than the Ordinaries ill dealing with the next of blood was for that tertia pars I conceive not unless the Pope had some such other Testimony touching it as we find in an old Manuscript Volume titled Statuta Synodorum written in an hand of near seven hundred years since being a Collection out of the Fathers and old Councils made as it seems by some Britain or Irish-man as we have elsewhere conjectured In that Statuta Synodorum occurrs Orig. in lib. de haeredibus pater moriens det tertiam partem filiis tertiam Caesari tertiam Ecclesiae si non habuerit Ecclesiam det pauperibus si non habuerit Caesarem nec Ecclesiam dividat inter filios pauperes But what Author this is cited out of I am equally ignorant as I know not at all who was the Author of the whole Collection or whence he had many other of his Authorities And other things that Volume hath out of some old Synod of Ireland which makes to our present purpose if the Canons of that Synod had been at all binding in this State And it was no such wonder that some such practice might be under H. 3. for since also in the time of E. 3. the Church so usurped in their Jurisdiction of Probates that they made the Executors wait on their Officials at uncertain and remote places and then also put them at times to the Ransom of the fourth or fifth part of the Testators Goods before they would give them Probate which was complained of in Parliament amongst the Grievances of the Commons CHAP. V. Of that of bona Intestatorum in manus Domini Regis capi solebant FOr that of bona Intestatorum in manus Domini Regis capi solebant for which is cited the Close Roll of 7 H. 3. Rot. 16. it is also most true if rightly apprehended All that appears in the Record is that the King wrote to the Sheriff of Lincoln that constat nobis per inquisitionem nobis missam sub sigillo Stephani de Segrave aliorum proborum legalium hominum quod Richardus filius Dunae non obiit intestatus and therefore he commands that the Sheriff should deliver all the Goods of the said Fitz-dune in manus nostras capta to the Prior of Loketon and others his Executors ad faciendum Testamentum neither are there any words that tell us of any capi solebant or that these were taken in regard of dying intestate only Indeed it appears not sufficiently in the Writ why they were taken but it is most probable that the seisure was for some debt due to the Crown from the Intestate which afterward not appearing or being satisfied or it appearing that the Executors by the taking upon them the execution of the Testament would subject themselves to the payment of it it was fit enough to amove the Kings hands and deliver all over to the Executors He that well considers the Statute of Magna Charta cap. 18. Si quis tenens and compares it with that of Bracton where he tells us that the Law was clear that if any man dyed indebted to the King the Sheriff might imbreviare attachiare cattalla defuncti will soon see the probability of this howsoever the words of the Statute are only of the Kings Tenants And it concludes also as if it were only in case of the death of a Testator in regard of relinquatur executoribus ad faciendum testamentum defuncti but plainly that ad faciendum c. hath equal reference to the Intestates as to Testators for no name of an Administrator being then usually known all were called Executors that medled with the Intestates Goods and those Executors were executores qui faciebant Testamentum that is which instead of the Intestate did take such order after his death with his Goods as they thought he would have done if he had made a Testament which may be conceived also out of the use remembred in that time wherein sick men being unable neither having time to express their meaning chose out some friends that might be super hoc expressores executores which friends appointing of Legacies as if the Intestate had given them and making disposition of Intestates Goods were as Testaments of those Intestates and they did truly as Executors facere Testamentum defuncti in which sense it might be spoken of any Executors or Administrators that intermedled in those times And many Writs occurr in the Close Roll of King John and H. 3. that have expresly in them the amoving of the Kings hands from the Goods of the dead when the seisure had been only for the debts to the Crown according to the Statute of Magna Charta which in substance is the Law at this day and Bracton by reason whereof I see not cause enough why we should understand that of 7 H. 3. to prove any such thing as a Custom of the Kings disposing or seising of the Intestates Goods especially in regard that in the passages of the Law Lawyers and Records of that time no mention