Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	good_a	life_n	see_v	9,943	5	3.4753	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68659	A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law.	Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646.	1634 (1634)	STC 21055.5; ESTC S115990	285,847	357

writing that the trueth thereof may not appear as it is written suppresse Wils or Testaments or other like writings counterfeit other mens hands and Seals open any mans Will yet living and impart the secrets thereof to the parties adversarie unseale such instruments or writings as are left with him to keepe bequeath unto themselves Legacies in an other mans Will without his good will and privitie wash or clip gold or sowder therein any corrupt mettals make base silver money pretend themselves to be Noble men or Gentlemen whereas otherwise they are but base persons wilfully challenge unto themselves an other mans name or Arms cog and foist in womens labours or otherwise false births or adulterous children in steed of true and rightfull heires sell one and the same thing to two men carrie about false Pasports use false Measures or corrupt those that are true in some cases are punished by death in other by banishment imprisonment or cutting off both or one of the hands of the offender If any bearing any publick office abuse the same to gain and doth that for money which he ought to doe for thankes the Law ordereth that the offender shall be called to account for his supposed bribery and if hee be found guilty thereof fineth him foure fold to the party grieved and beside decreeth him to be banished Such as by ill devises and policies raise up the price of corne and other victuall or get the whole sale of any merchandise into their hands that they may sell it the dearer are punishable at the discretion of the Judge which according to the quality of the person and fact reacheth somtimes to banishment somtimes to death it selfe If any take purloyne or intervert to his own use any money dedicated to holy and publick uses or cause the same to be taken purloyned or interverted or if any take away any brasen table wherein any publick Lawes are graven or the bounds of any Lands are described or blot out or change any thing thereof or covenously pay in lesse money into the Exchequer than by right he ought to have done and hath not cleered with the Exchequer for the residue is to be condemned in the three double of that which is the residue and is beside to be banished If any to get an Office procure a number of hired voices besides the losse of the Office he sueth for his punishment is temporall banishment If any steale away any childe the body of any free-man and sell the same away or detein them against their will the fault is death If any slanderously charge an other with any false crime or wittingly beare any false witnesse against him or willingly give any wrong Sentence against him or on the contrary side dissembleth such faults as he knoweth and colludeth with the adversary or giveth over the prosecution of a crime hee hath undertaken to follow untill he have leave granted him by the Judge to desist from his accusation the same is to be punished with the like kinde of punishment that hee would have the other punished by unlesse he be acquitted there-from by the Princes pardon or that the Adversarie be dead In publick Judgements where the Offender appeares not Proces is to be awarded out against him for his appearance by a certain day to cleere himself at which day if he appeare not an Inventory is taken of his goods not to the intent they should be spent but that they should be reserved to his use if hee returne again within a year and cleere himselfe otherwise they become the Exchequers for ever how innocent soever the party afterwards appears to be If the Offender be present in Judgement and deny the fact he is to be confuted by witnesses or other proofe or if there be just matter of suspition to be put on the rack which albeit in matters of lesse danger is great cruelty yet in great and horrible crimes it is necessary If the Off 〈…〉 r have either confessed the crime or be convicted thereof then it followeth that the party convicted be punished either by death or otherwise according to the quality of the person or condition of the offence Punishments by death are foure Hanging Burning Heading and casting the Offender to be devoured by wilde beasts amongst which may be reckoned Exile or Banishment for that it takes away a mans liberty and bereaves him of his country which to every good subject is as dear unto him as his life it selfe Punishments which did not inflict death were many such as it pleased the Magistrate in his discretion to appoint The Law having passed upon the Offender in such sort as should be to the losse of his life liberty or countrie his goods became forthwith forfeited to the Prince such I mean as are of value but for the other the Law alloweth them the prisoner for his maintenance during the time of his imprisonment and satisfying such fees as are due to the Officers thereof which hath place where the offender hath no children otherwise the one halfe of his goods commeth to his children unlesse it be in case of Treason where all is confiscated They are also held for convict and guilty which either upon a guiltinesse of minde make away themselves before Judgement or stop their Adversaries with a bribe that they shall not follow the Law against them and their goods are no lesse confiscat than the others But it is otherwise in those which are banished for a time or to a certaine place or in such as the Law having once passed upon them are either in their life or after their death by the bounty and mercy of the Prince restored in which case they recover Goods Name and Honour the body being executed the carcasse for the most part is granted to buriall unlesse it be for matter of Treason or other such like offence If any have beene unjustly condemned either by the iniquity or unskilfulnesse of the Judge the law alloweth him an appeale that is a provocation to a higher Judge that he may hear the cause anew and reforme that which is judged a 〈…〉 e into better and if the higher Judge finde the partie grieved hath well appealed he is to reverse the former sentence otherwise to send the Offender back to the Judge from whence he came there to receive his punishment yet some persons there be from whom no appeale lyeth as from the Prince or Senate because they represent the Prince neither may hee appeale which hath renounced his appeale Appeales are made from lower Judges to higher and from him that is Delegated to him that did Delegate Appeales are to be made within ten dayes after sentence given or within ten dayes after the Notice is come to the party against whom the Sentence did passe unlesse there attend thereon a continuall griefe in which case a man may appeale so long as the griefe indures the time to aske Dimissorie Letters is thirty daies from the Sentence given

they are referred to the punishment of the Judge who is to punish them according to the quality of the fact age and understanding of the offender and other circumstances according as he shall thinke good so notwithstanding that he exceed not a convenient measure therein neither stretch the same to death but upon some great and weighty cause he is to be content with meaner punishment as temporall banishment whipping or some moderat pecuniary mulct For violating or defacing another mans sepulchre Imfamy was imposed besides a pecuniary mulct to be divided betweene the Prince and the party grieved but if any dig up the corse of the deceased the punishment is death If any by feare of his office or authority wring any money from any man or exact more fees in any matter than he ought to doe or cause him to marry or doe any other thing he would not doe the forfeiture is foure double the value of that which hath been taken beside further punishment at the discretion of the Judge Such as drive mens cattell out of their ground or sever them from the flock or herd with intent to steale them if they doe it with a weapon like unto a Robber are condemned to be throwne to wild beasts otherwise are more lightly punished according to the discretion of the Judge Such as in Judgement take money on both sides or taking upon them the defence of one side betray the cause and take money on the other side are infamous by law and are punished at the discretion of the Judge Such as receive theeves and other like malefactors are punished in like sort as the theeves or malefactors themselves are especially if they have assisted them in their wickednesse otherwise if they onely knew it received them they are more mildly to be punished especially if the offenders were their kinsmen for their offence is not like theirs which entertain those which are no kin to them at all when as it is naturall for every one to regard his owne blood and fathers are many times more carefull for their children than for themselves but if that hee that received them knew nothing of the offence then is he altogether to be excused Such as break prison are to be punished by death because it is a certain treason to break the Princes ward but if they scape by the negligence of the Keepers against whom the presumption lyeth ever in this case they are more lightly to be punished If any commit Burglarie breaking up a doore or wall with intent to doe a Robbery if they be base companions they are to be condemned to the Mynes or Gallies but if they be of better reckoning they are to be put from the ranke or order wherein they are or to be banished for a season Juglers and like Impostors which goe about deceiving of the people with false tricks and toyes hookes and such like which insinuate themselves into other mens houses with purpose to steale are punished at the discretion of the Judge If any steale or take away any thing out of the inheritance of another man before either the Will be proved or administration be taken an action of theft lyeth not because the inheritance during the time was counted no bodies but he is to be punished by the discretion of the Judge yea though it were the heire himselfe that did it Cosenage whereby a man craftily suppresseth some thing he should not or putteth one thing in anothers place to the deceit of him that hee dealeth withall or corrupteth such wares which hee uttereth or doth any other thing collusorily which is called of the Law Crimen Stellionatus of a little vermin or creature called Stellio much like to a Lisard most Crimen Stellionatus envious to man is censured by some ignominious shamful punishment or by disgracing the person by putting him out of the Office Place or Order he is in or by injoyning him some servile worke or by banishing him for a time or by some like punishment at the discretion of the Judge If any plough up a Mere balke or remove any other marke which hath accustomed to be a Marke or bound betweene ground and grounds which anciently was counted reverend and religious among men the offence is punished either by a pecuniarie mulct or by banishment or whipping at the discretion of the Judge Unlawfull Colledges Corporations and assemblies gathered together to bad uses as to eating drinking wantonnesse heresie conspiracie are punished as publick Routs or Riots otherwise at the discretion of the Judge All these before recited are called Popular Actions because not onely he that is injured but every other honest subject may pursue and prosecute the same Publick Judgements are such which immediatly pertain Publick Judgements to the punishment of the common-wealth for example sake and are examined tried and punished by a publick order appointed by Law the partie grieved making himselfe partie to the suite and following the same the party accused in the meane while remaining in prison or putting in suerties for his appearance and the partie grieved for the prosecuting of the same The chiefest of which sort is Treason which is a diminishing or derogation of the Majestie of the people or Prince on whom the people have collated all their power which is punished with death and confiscation of the Lands and goods of the offender and the eternall abolishment of his memorie The next is Adultery which is violating of an other mans bed whose punishment anciently was death both in the man and in the woman but after it was mitigated in the woman shee being first whipt and then shut up in a Monasterie but by the Canons other paines are inflicted Under Adulterie are contained Incest Sodomy Baudery and all the rest of the sins of that kinde Publick force is that which is done by a company of armed men collected together and the correction thereof is perpetuall banishment Private which is done without Arms the paine thereof is the losse of halfe the parties goods and the infamie of his name Murtherers and Poysoners Witches and Sorcerers the crime being proved dye the death such as set mens houses a fire are to be consumed with fire themselves such as kill either Father or Mother or those that are in the place of Father or Mother or any that are of next a kin their punishment is death and in case of the Father and Mother beside the pain of death the Parricide being first well whipt so that the blood doe follow in good plenty hee being sowed up into a sack together with a Dogge a Cock and an Ape is thrown into the depth of the Sea Such as make false Certificates forge false Wils Depose false wittingly suborne witnesses take money either to say or not to say their knowledge of that which they are demanded of in Judgement corrupt Judgement or cause it to be corrupted interline put in or raze out any thing out of any

validity of the Will it self the Legacies and devises therein whether they were of lands or tenements or of goods or chattels the Probate it selfe worketh nothing but leaveth that to the Law Common or Ecclesiasticall according as the bequest belongeth to either of them whether it be good vailable in Law or no for it oftentimes falleth out notwithstanding the Wil be lawfully proved before the Ordinary yet the bequests are not good either in respect of the person to whom the bequests are made or in respect of the thing that is not devisable in all or in part as by the Common Law lands in Capite cannot be devised more than for two parts but in Socage the devise is good for all and by the Custome of the Citie of London some other places of the Land a man can bequeath no more than his deaths part and if hee doe his bequest is void for the rest but in other places of the land a man may bequeath all By the Civile Law a man can bequeath nothing to a Traytor or an Heretick or an unlawfull Colledge or Company unlesse perhaps it be for the aliment or maintenance of them in extreame poverty that they die not for hunger which is the worke of charitie and if he doe the legacie thereof is void to all intents purposes So then the Probate of the Ordinarie in matters of land neither helpeth nor hindereth the right of the devise it selfe but is a declaration onely of the dead mans doome uttered before such such witnesses which taketh his strength not so much from the Probate as from the Law and is testified onely by the Probate that the same was declared by the Testator in the presence of the witnesses therein named to be his true and last Will. So that no man herein is to be offended with the Ordinary as presuming of a matter not appertaining unto him for his testification in all Law and conscience doth belong unto him to give allowance so farre unto the defuncts Will as it is avouched before him to be his last act deed in that behalfe but rather they are in this case to thanke the Ordinary that he by that act of his hath preserved the memorie of that which otherwise perhaps would have been lost and perished to the great hurt of the Common-wealth and others which have private interest therein CHAP. II. SECT 1. Of the Care that Princes of this Realm have had for the due payment of Tythes unto the Church and the preserving of the cognisance thereof unto the Ecclesiasticall Courts of this Land both before the Conquest and since OF all matters that appertaine to the Ecclesiasticall Courts there is no one thing that the Princes of this Land have made more carefull provision for since there was any Church government in this Land than that all maner of Tythes due by the word of God should bee fully and truely paid unto their Parish Churches where they grew and if they were denied should be recovered by the Law of the Church * The great pietie Princely care of our ancient Kings before the Coquest is worthily noted by the Authour and because it argueth the rare devotion of those times wee will consider it more perfectly About the seventh Centurie Ina King of the West Saxons made this Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hpa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is That the Church-sceat be paid in at Martlemas if any refuse to pay it that his penaltie be fortie shillings and the payment of Church-sceat twelve times That which the law here calleth Church-sceat according to the varietie of reading hath bin diversly interpreted Fleta as if it were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 readeth Church-seed and therefore he saith it was Certa mensura bladi Tr●tics c. So the old Lawyer in Lambert fuit un certein de ble batu que chescun homme devoit en temps des Britons des Engles porter a lour Esglise le jour Seint Martin Others reade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Churchescet that is the Church shot or Church due Which way soever we reade the word there will bee no great injurie done to the sense yet because other things besides Corne have gone under the name of Church-sceat as the Cocks Hennes at Christmas therefore it seemeth that the last reading is the best heere it must signifie a quantitie of Corne due to the Church and to be paid in at Martlemas Why these dues and others were tendred at this Feast Hospinian thinketh he hath given a good reason but see Gretser in his Booke de Festis upon S. Martins day In the ninth Centurie King AEthelstane made this Law Ic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 callum minum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 calle mine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nama 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is I AEthelstane King by the advice of Wulfhelme my Archbishop and my other Bishops command all my Reves thorough all my Kingdome in the Lords name and of all Saints and for my love that in the first place they pay the Tythe of my owne revenues as well in living Cattell as the yearely fruites 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is And this to be done at the day of the beheading of S. Iohn the Baptist And that the Subject might the more earnestly intend the observation of this Law the King addeth a pious exhortation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iacob 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 m●n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eac 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bocum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ecelic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Furthermore thinke wee with our Our selves what Iacob the High Father to the Lord said I will give thee my Tythe and my peace-offering And the Lord himselfe in the Gospel saith To all that have it shall be given and they shall abound We might also bethinke Our selves of the penaltie which is written in this booke that if wee will not pay our Tythes then the nine parts shall bee taken away and the tenth onely shall be left us And Gods Lore putteth us in minde that for these earthly things eternall are to be had and everlasting for the transitorie Thus the religious Prince goes on and earnestly pursues the argument in the Rhetorick of those times seeming to intimate to his people that though no humane Law had interposed it selfe yet the divine equitie of this cause might be eminently enforced out of sacred Writ King Edmund in a Synod holden at London at which was present 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oda and Wulfstan

of them both but left them severed as they found them onely affording either of them an equall proportion of protection for that by these two parts the Kings Monarchie is compleat and himselfe is the head and chiefe Governour of the whole and entire body of his Realme For this was exemplaried unto them in all former ages since the Church and common-wealth had any loving and kind cohabitation together as hath beene before remembred And therefore doe they wrong to the ashes of those Kings deceased which by subtill sence and strained interpretations draw these Lawes which they intended for the benefit of the Church and Church-government to the overthrow of the same as though the Positive Lawes of the Kingdome could not stand if the Lawes of the Church continued and stood up right SECT 4. That the limits and bounds of Parishes are of the Ecclesiasticall cognisance onely VPon the same words of the same Statute if perhaps at any time there grow any controversie about the limits or bounds of Parishes they draw the same by like importunitie from the triall of the Ecclesiasticall Law unto the Common Law avouching the same also to be of the Temporall cognisance and yet Linwod who lived in the dayes of Henry the fifth making a Catalogue of the principall matters that in his dayes belonged unto the Ecclesiasticall Courts reckoneth the bounds of Parishes for one And very like it is that it should so be for that Ecclesiasticall men first in this Kingdome made divisions of Parishes as by our owne Chronicles it appeareth and the first practice thereof within this Realme came from Honorius the fourth Registro Eccl. ●p● Cant. Stew. Archbishop of Canterbury after Augustine who himselfe died in the year of our Lord God 693. * He that shall trace the Writers for that which concernes the originall of Parishes may finde some probable issue if the course of Antiquitie runne cleere Those that first gave example to others in this matter are conceived to bee the ancient Roman Bishops for it was recorded in the Pontifical of Damasus as some would have it But in Anastasius Bibliothecar wee finde it that when Peter had appointed ordained Priests c. and Cletus had reduced them to a certaine number Pope Euarest assigned to each of them his Parish or as they then said his Title For so a Title is understood by Onuphrius and so in effect it may be taken though otherwise Paroecia is Accolatus ad sacram Aedem Titulus autem Aedes ipsa And it may seeme that Titulus might bee taken for Paroecia because this hath beene taken for that For in the Councels wee shall sometimes finde a Parish put for a Parish Church which is the meaning of Titulus See Baronius ad annum Christ 112. where the learned Cardinall setteth downe at large what these Titles were and why they were so called As for the time when these Parishes were assigned by Euarist it must be about the beginning of the 2 Centurie This done and the number of new Converts increasing Higinis placed severall Priests in singular Parishes and the chiefe of those he called Cardinales Presbyteros and heere we must beleeve that the Romish Cardinals began if at least wee will bee guided by their Historians In after-times Pope Denis improoved these conveniences invented by his Ancestours and set limits to Parishes And this was done about the yeare 260. If these things bee answerable as they are generally received by the Romish Antiquaries then it may seeme that other Nations made the like provision sooner or later according to their example And this is the rather to be beleeved because this Pope Dionyse wrote an Epistle to Severus Bishop of Corduba to observe this order in his Diocesse and looke what course himselfe tooke that hee should direct other Bishops to doe in like manner What was else-where done doth not so neerely concerne but here at home the first division of Parishes is ascribed to Honorius Archbishop of Canterbury as the Author here hath cited out of the Register and it is approved by Cambden Sedcavendum c. saith Marsil in his Booke de ●od Eccles cap. 12. But heed must be taken to the Equivocation of the word Parish for it hath not alwayes had one and the same acception Somtime when nothing is named but a Parish the whole Diocesse is understood and this notion of the word often occurres in the Councels and else-where According to this sence Barbatia spake a wide word for the Pope where he saith that in respect of him the whole world was but one Parish tract de praestant Cardinal Otherwise A Parish is taken for such a part of the Diocesse which is assigned to some Priest arbitrarily sent and maintained by the Bishop for it is to bee noted that such a Parish paid all dues to him and he to his Clergie for the primitive communitie of living because of inconvenience ceasing in the Church this custome was introduced that all Church dues should be at the Bishops disposing so that being geometrically divided into foure portions he should have one part and his Clergie an other the third to be disstributed to the poose and strangers and the last part to be reserved to the Parishioners for the repairing of Churches And that this was the use especially of the Romish Church plainely appeareth by the answer of Gregorie to our Austin in Bede lib. 1 cap. 27. The collection of these dues was committed to the care of the Chorepiscopus as appeareth by an Arabick Canon of the first Councell of Nice which together with other Occumenicall Councels and those Canons which are called the Apostles and some history of the primitive times out of Clement c. wee enjoy and esteeme as a most peculiar monument transported hither out of the Easterne world and placed in our publick Librarie by the bouatie of a worthy Benefactor Sir Thomas Roe The latter end of that Canon saith thus but for our great want of Arabick Characters it must be read in Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where the Canon provi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deth that it should belong to the charge of the Chorepiscop● to see that in every of their severall Cities and Countrey-villages these dues should be collected proportionably as every place should be found able and that these dues so collected should bee every yeare brought to the Bishops place of abode that there they might bee disposed of toward the maintenance of the Bishop the reliefe of the poore and strangers and the encouragement of his Clergie that so there might be concord and unanimity betweene him and them c. The Latine Translation of these Canons is set forth by Turrian and Alphons Pisan and is to bee found in the 1. Tome of the Councels set forth by Binius In the Translation this Canon is the 54. but hee that mindeth to see it in the Arabick must looke for the 58. Some say that these Canons are