Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	witness_n	world_n	young_a	35	3	6.0386	4	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01080	A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons & euident demonstrations they are plainelye proued farre to excell aswell the ciuile lawes of the Empiere, as also all other lawes of the world, with a large discourse of the difference betwene the. ii. gouernements of kingdomes: whereof the one is onely regall, and the other consisteth of regall and polityque administration conioyned. written in latine aboue an hundred yeares past, by the learned and right honorable maister Fortescue knight ... And newly translated into Englishe by Robert Mulcaster.; De laudibus legum Angliae. English and Latin	Fortescue, John, Sir, 1394?-1476?; Mulcaster, Robert. 16th Century	1567 (1567)	STC 11194; ESTC S102454	98,618	567

in casibus vbi ipsae dissentiunt prestantioris legis preconia digna pensatione refulgent Quare casus huiusmodi aliquos iam in medium proferemus vt quae legum illarum eos iustius meliusque diffiniat equa lance valeas ponderare et primo ex casibê° maximi poÌ„deris exeÌ„pla preponamus Â¶ The first case wherin the Ciuile lawes and the lawes of England do differ Ca. 20 IF they that haue a matter of coÌ„trouersie depending before a Iuge coÌ„e to y e coÌ„testation of the suite vpon the matter of y e deed which y e lawyers of England call y e issu of y e plea the truth of such an issue by the ciuile lawes must be tryed by the deposition of witnesses wherein .ii. allowable witnesses are sufficieÌ„t But by y e lawes of England the truthe of the matter cannot appier euident to the Iuge w tout y e othes of xii men neighbours to the place where such a dede is supposed to be done Nowe therefore the questioÌ„ is whether of these two so dyuers procedinges ought to be esteemed more reasonable effectual for the opening of the trueth which thus is sought for For the law y t can more certeinly better shewe the truthe is in this behalfe of more excellency than y e other y t is of lesse efficacy force wherfore in the searche of this matter thus we proceede SIcoram Iudice coÌ„tendeÌ„tes ad litis ê‘ueniant contestationeÌ„ suê‘ materia facti quaÌ„ legis Angliae periti exituÌ„ plâ€™iti appell â€™ Exitus hmÌ„oi veritas ê‘ leges Ciuiles testiuÌ„ depositioneÌ„ ê“bari debet iÌ„ qua duo testes idonei sufficiunt Sed per leges Angliae veritas illa noÌ„ nisi .xij. hominuÌ„ de vicineto vbi factuÌ„ huiusmodi suponitur sacrameÌ„to Iudici constari poterit Queritur igitur quis horuÌ„ duoruÌ„ ê“cessuuÌ„ taÌ„ diuersoruÌ„ rationabilior censeri debeat efficatior ad veritateÌ„ quae sic queriturreuelaÌ„daÌ„ Quia lex qÌ„ eaÌ„ certiê° meliusque osteÌ„dere potest prestantior in hoc est lege altera quae noÌ„ taÌ„tae efficatiae est et virtutis quare in huius rei indagine sic ê“cedimus Â¶ Here are set â—urth the inconueniences proceding of the law which no otherwise then by witnesses admitteth trials Cap. 21. BY the Ciuile lawes y e party which in y e issue holdethe the affirmatiue must briÌ„g furth witnessez which he himselfe at hys own pleasure shall name But the negatiue cannot be proued directli though indirectly it may For the hability of him is thought to be very smal weake and his witte much lesse which among al the men that he knoweth is not able to fynde ii so voide of conscience trueth which for dreade loue or profit will not bee readye to gainesaye all truthe Suche then maye he produce for witnesses on hys syde And if the other partye would obiect any thinge against them or their saienges it chanceth not euer y t they their condicions doinges are knoweÌ„ to y e contrarie partye so y t by reason of theire foule lifes vicious behauiour such witnesses might bee reprooued And while their saienges coÌ„teine the affirmatiue it shal be very harde to reproue them by circuÌ„stances or any other indirect meanz who then shal be hable to liue in suertie of his goodes or of himselfe vnder suche a law y e ministreth such aid to euery busy body y t lusteth to trouble another And what ii wicked men are so vnwarie vncircuÌ„spect which touching the deede wherof they shal be examined in iudgement will not beefore they are called furth for witnesses secreatly imagine and deuise a fourme fassioÌ„ therof frame thereunto all circumstances euen suche as must needes haue ben so if y e thing had ben true in dede For y e children of this world saith y e lorde are wiser then y e children of light So y e most wicked Iesabel brought furth ii witnesses of y e children of Beliall in iudgement agaiÌ„st Nabot wherby he lost his life king Achab her husbande obtayned the possession of y e vyneyarde So the most chaste matrone SusaÌ„na should haue dyed for aduoutrye by the wytnes of twoe olde dotardes being iudges if the lorde hadde not meruelouslye deliuered her by a wonderfull feate of prudence which of nature the yong child hadde not being yet vnder age And though y e same child by theire altering doubling in their depositions did coÌ„uict them to be false wretches yet whoe saue only the lord could haue knowen that in their saienges they woulde thus haue disagreed Seeinge there was no lawe y e did moue theÌ„ to haue in remeÌ„brance what kind of tree it was wherunder y e fact was supposed to be done For the witnesses of euerye wicked deede are not thought to consider al circuÌ„staunces apperteining to y e same beiÌ„g such as do nothiÌ„g help to y e aggrauatioÌ„ detectioÌ„ of y e faulte But while those wycked iudges willinglye swearing did alter touching y e kindes of the trees theire owne wordes proued theÌ„ to be false verlets Wherfore thei worthely suffred the same punishemeÌ„t theÌ„selues You also most gratious priÌ„ce do know how y t lately maister I. Fring after y t he had continued three yeares in the order of pristehoode was compelled by the deposition of twoe wicked persones whiche witnessed that he had before he was made prieste betrouthed hymselfe to a certeine yonge woman to forsake the holye order of priestehoode and to marrye the same womanne Wythe whome when hee hadde lyued fourtene yeares and hadde beegotten .vii â–ª children of her at y e laste beeinge conuicted of treason conspired againste your highnes hee confessed before all the people euen at the very point of deathe that those witnesses were hiered and that theire depositions were false And thus manye tymes are iudgemeÌ„tz peruerted by the meane of false witnesses yea that vnder the verye best Iudges as vnto you it is not vnhearde nor to the worlde vnknowen while this wickednes the more is the pitie is often committed PEr leges ciuiles pars quae in litis contestatione affirmatiuaÌ„ dicit testes ê“ducere debet quos ipsemet ad libituÌ„ suuÌ„ nominabit Negatiua auteÌ„ ê“bari noÌ„ potest vz directÃ¨ licet possit ê‘ obliquuÌ„ Exilis quippe credit â€™ esse poteÌ„tiae minoris quoque industriae qui de omnibus quos noscit hoiÌ„bê° duos repire nequit ita coÌ„scieÌ„tia veritate vacuos vt timore amore vel comod â€™ oiÌ„ velint coÌ„traire verit â€™ Hos potest tuÌ„c ipse iÌ„ testimÌ„ ê“ ducere iÌ„ causa sua et ã€ˆâ—Šã€‰ contra eos pars altera dicere velit vel coÌ„tra eorum dicta noÌ„ seÌ„ê‘ coÌ„tinget eos eoruÌ„ quoque mores aut facta apud coÌ„tradicere volenteÌ„ agnosci vt ex eoruÌ„ feditate et viciis testes illi possiÌ„t reê“bari Et duÌ„ eoruÌ„ dicta affirmatiuaÌ„ coÌ„tineaÌ„t noÌ„ facile poteruÌ„t

Â¶ A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons euident demonstrations they are plainelye proued farre to excell aswell the Ciuile lawes of the Empiere as also all other lawes of the world with a large discourse of the difference betwene the .ii. gouernements of kingdomes whereof the one is onely regall and the other consisteth of regall and polityque administration conioyned Written in latine aboue an hundred yeares past by the learned and right honorable maister Fortescue knight lorde Chauncellour of EnglaÌ„d in y e time of Kinge Henrye the .vi. And newly translated into Englishe by Robert Mulcaster Pio lectori IStius non minus pij quÃ¡ eruditi opusculi exemplar nactus quuÌ„ antiquitatem venerandam vna cum eruditione ac pietate coniunxcrim Non potui optime lector aut patrie tam ingratus aut antiquitatis tam in officiosus cultor esse vt te illius lectione diutius fraudarem Continet enim in se vt cetera taceam politicarum et ciuilium nostre Anglie legum quibus preclara et florentissima hec respublica sub illustrissimo et nuÌ„quam satis laudato principe nostro Rege Henrico octauo eiusque progenitoribus regibus Anglie hactenus felicissime fuerit erecta instituta gubernata doctissimum encomion Vnde easdem nostras leges non solum romanorum Cesarum sed et omnium aliarum nationum constitutiones multis parasangis prudentia iustitia equitate precellere facile prespiciâ—s Eme ergo lege et fruere ac labores nostros boni consule Vale. To the right woorshipfull Ihon VValshe Esquier one of the Queene her learned Iusticers of her highnes Court of Commen plees Robert Mulcaster wisheth long lyfe and health IT happened mee of late right woorshipfull syr to light vpon this little Treatise whiche I incontinent desired to renne ouer because yt semed to discourse vpon some poyntes of the lawes of our Countrye wherof I my selfe then was nowe am a Student When I had ouer ronne it my desire to read it became nothing counteruailable with the gladnes that I hadde reade it for my desire to reade it came vpon hope to fynd some profitable lessons for my study but my gladnes after reading sprang of y e excellency of thargumeÌ„t wheron I did not dreame neither to fynd so riche a Treasure in so simple an habite And because I wished all menne to haue parte of my delight me thought it good to translate it into Englishe forth of Lattine in whiche toung it was fyrste written The aucthour of the book was one maister Fortescue knight Seriaunt at the law and for his Skill and vertues preferred by kinge Henry the .vi. to be Chauncellour of this realme The entrie of the booke it selfe sheweth where and vppon what occasion it was written It was written in Berry in Fraunce where Prince Edwarde sonne to Henry the vi afterward slaine at Tewkesbury by Edward the .iiii. dyd then remayne with his mother Queene Margaret in the house of Renate her father duke of Angeow and king of Cicile during the tyme that Edward the fourth reigned in this Realme and Henry the .vi. was fledd into Scotland The occasyon was this The Chauncellour beiÌ„g fledde into Fraunce with the yong Prince perceiuing his delight to be all bent to Chyualrye as a thing of greatest neede consydering he ment by force the restitucioÌ„ of his father and thereby his own to the kingdome of England tooke occasion for that his hope was to see the Prince reigne heare to moue him to a diuision of his affaires as he armed him selfe against y e enemy so to adourne him selfe againste his being kinge with skill of lawes whiche doe preserue eche state so in peace that it maye if neede be warre and so garde it in warre that it may haue peace in eie Th argument is this that the skill of the Countrie lawes is neadefull for the Prince althoughe not so deepe as the purposed professours yet so full as to their honour may ought to fall in Princes And for that the Prince should think y e thing to be a Princely knowledge he taketh occasioÌ„ by comparing the gouernement of this Realme w t others and the lawes of this lande with the Ciuill with whome it is of all men lightly compared and the betternesse of poyntes wherein they bothe trauayle and prouisions by the one wiselyer foreseene then by the other to proue the singularitie of this state whiche it behoued the Prince to learne seyng hee was lyke to succeade hys father and to vnderstaÌ„d the lawes whiche maketh the state to bee so singuler The particularies I referre to the booke wherof thus much I doe and no lesse coulde well saye Why I dyd choose your woorship to be protectour of my laboures I shall not neede tedyously to touche it shal be suffycient to saye that in choise of manye I pycked you alone not doubting your lyking in allowynge seeing myne eleccion in dedycatynge and so commyttinge to thalmightye the good preseruacion of your worship I humblye take my leaue this xii of October Robert Mulcaster The introduction into the matter DVring y e cruell rage of y e late mortall warrez w tin the royalme of EnglaÌ„de wheÌ„ the most vertuous and godly king Henry the sixt w t Queene Margaret his wife y e kiÌ„gz daughter of Iherusalem and Scicile their onely sonne Edwarde prince of Wales were forced to fly the land the kiÌ„g himself afterward in the same ciuil tumult falling into the blody hands of his deadly enemies his own subiectz was of them coÌ„mitted to prisoÌ„ wher he a loÌ„g tyme remained in straite captiuitie the queene y e priÌ„ce her sonne thus banished out of their countrey making their abode in y e duchy of Berry a dominion of y e foresaid kiÌ„g of Ierus The Prince shortlye after growing to mannes state applied him selfe wholy to the feates of armes muche delytinge to ryde vpon wilde and vnbroken horses not sparing w t spurres to break their fiercenes He practysed also sometymes w t the pyke sometimes w t y e sworde other warlyke weapons after the maner guyse of warriors accordinge to the vse of martial discipline to assaile strike his companioÌ„s I mean y e yong meÌ„ y e attended vpoÌ„ hys ê‘son Which thing wheÌ„ a certein auÌ„cieÌ„t knight being chauÌ„cellour to y e forsaide kiÌ„g of EnglaÌ„d saw who also in y e miserable tyme did there remain in exile hee spake thus to y e priÌ„ce SEuieÌ„te duduÌ„ in regno Anglie nephandissima rabie illa qua piissimus ibidem rex H. sextus cum Margareta Regina consorte sua filia regis Iherusalem et Scicilie ac eorum vnigenito Edwardo principe Wallie inde propulsi suÌ„t sub qua et demum rex ipse H. a subditis suis depreheÌ„sus carceris diutinuÌ„ passus est horrorem duÌ„ regina ipsa cum sobole patria sic extorrens in ducatu BerrenÌ„

most worthie prince thoughe they in maters of doubte do somewhat otherwyse boult out y e trouthe The lawe of the generall couÌ„cell wheriÌ„ it is prouided that Cardinalles shall not be coÌ„uicted of crimiÌ„al offenses otherwise then by the deposition of xii witnesses is it any hynderaunce to the testimonie of ii men Yf the testimonie of ii men be true of more force must the testimonie of xii men be iudged true acordynge to a rule of the law that sayethe The more euer conteyneth in it that whiche is lesse The iÌ„holder was promised to be rewarded with an ouerplus if he bestowed vpon the cure of the wounded maÌ„ more then the ii pense which he receaued A man that laboreth to proue that he was absent at the tyme of the offense wherewith he is charged shal it not be nedefull for him to brynge furthe mo then ii or iii witnesses when his aduersarie hathe proued or is readie to proue the same by ii or iii. wytnesses And so he that trauaylethe to conuince witnesses of periurie must of necessite bringe furthe many mo then they were so that the testimonie of ii or iii. men shall not euer be iudged true But that lawe must thus be vnderstanded that by a lesser number of witnesses then ii the truthe in matters doubtfull ought not to be searched for as appeareth by Bernard assignynge dyuers cases wherin by the lawes mo then iii. wytnesses must needes be produced As in some of them v and in and in some vii Nor yett the lawes of Englande be not against it but that the truethe may be proued by ii witnesses wheÌ„ it can no otherwyse be tried For if thinges be done vppoÌ„ the sea without the bodye of any countye of that royalme which afterward be brought in plea before the lord admirall the same thynges by the decrees of y e lawes of england must be proued by wytnesses In lyke maner it hathe bene accustomed to be done before the CoÌ„stable Marshall of England touchynge a facte that was done in an other royalme so that the heariÌ„ge thereof appertaiÌ„eth to the Constables courte Moreouer in the courtes of certein liberties in EnglaÌ„d where matters proceede by lawe merchaunt contractes or bargaynes made amoÌ„ge merchauÌ„tz in an other royalme are proued by witnesses And this coÌ„meth to passe because that in these cases there be no neighbours founde by whose othes Iuries of xii men may be made as in contractes and other cases ariesynge within the royalme of Englande is accustomed to be doÌ„e Likewyse if a deede wherin witnesses are named be brought into the kynges courte then processe shal be made agaynst those witnesses and they together withe xii Iurers shall by their othes recognise whether the same be his deede or no whose it is supposed to be Wherefore the lawe of EnglaÌ„d reproueth not that lawe whiche by wytnesses tryeth out the trueth specially wheÌ„ necessitie so requirethe For so do y e lawes of Englande too not onely in the cases now mencioned but also in certein other cases wherof here to make rehersall it shall not be material Howbeit this lawe neuer determineth a coÌ„trouersie by witnesses onely that maie be determined by a Iurie of xii men forsomuche as this waye is muche more aualeable and effectuall for the triall of the trueth then is the fourme of any other lawes of the world and further from the dauÌ„ger of corruption and subornation Nor this fourmÌ„ of proceedinge caÌ„not in any cause faille for wante of witnesses nor the testimonies of witnesses if anye be can not choose but come to their due ende and effect Neither caÌ„ suche xii men be forsworne but that for their offeÌ„se they must suffer most sharpe punishement and neuerthelesse the partie by their depositions greeued shall obteie due remedie And these thiÌ„ges shall not be doÌ„e by y e will saiÌ„ges of straunge or vnknowne men but by the othes of good of worshipfull and of credible meÌ„ neighbours to the parties in whome the same parties haue no cause of challenge or mistrust touchiÌ„g their verdit O howe horryble and detestable dauÌ„gers happen mani times throughe the fourme of proceedinge by wytnesses Yf a maÌ„ make a priuie contract of matrimonie afterward before wytnesses do betrouthe or assure himself to another woman shall he not in the contentious courte be coÌ„pelled to marye her also after that in y e penitenciall courte be iudged to lye with the first if he be duely required and to do penauÌ„ce as ofte as by his owne mocioÌ„ and procurement he liethe with the seconde thoughe in bothe courtes the iudge be one and the selfe same man In this case as it is wryten in Iob are not y e synewes of Leuyathan perplexed and intricat Fie for shame they are iÌ„tricate in deede For this man can carnally companie with neither of these ii women nor with any other without punishement either by the contentious courte or by the penitenciall courte Such a mischiefe inconuenience or daunger can neuer happen in any case by the waye of proceediÌ„g by the lawe of England no not though LeuiathaÌ„ himselfe would labour to procure the same Do ye not now see most noble prince that the more you obiect agaynst the lawes of England the more worthie they appere CAncellarius non his quibê° turbaris princeps contrariantur leges Angliae licet a liter quodamodo ipsae in dubiis eliciant veritatem Quid duoruÌ„ hominuÌ„ testimonio obest lex illa generalis coÌ„silii qua cauetur vt non nisi duodeceÌ„ testium depositione cardinales de criminibus conuincantur Si verum est duorum testimonium a fortiori testimoniuÌ„ duodecim verum iudicari debet diceÌ„te iuris regula Plus semper in se continet quod est minus Super erogationis meritum promittebatur stabulario si plê° quaÌ„ duos quos recepit denarios ipse in vulnÌ„rati cura ero gasset NoÌ„ne plusquaÌ„ duos aut tres testes producere oportebit queÌ„piaÌ„ qui absenâ—eÌ„ se fuisse probare nititur teÌ„pore criminis sibi impositi quod ê‘ duos aut tres testes aduÌ„sariê° eiê° ê“bauit vel probare paratê° eÌ„ Sic et qui testes de ê‘iurio coÌ„uiÌ„cere satagit multo illis plures ê“ducere necesse habet quo noÌ„ seÌ„ê‘ duoruÌ„ vel triuÌ„ hoâ—m testimoniuÌ„ veruÌ„ esse iudicabitur sed intelligeÌ„da est lex illa qd minore testiuÌ„ numero quam duoruÌ„ veritas in dubiis non debet exquiri vt patet per BernarduÌ„ ex tra de testi ca. licet iÌ„ glosa or dinaria vbi ipÌ„e assignat diuÌ„sos casê° iÌ„ qÌ„bê° ê‘ leges plures quaÌ„tres oportet ê“ducere testes Videlicet iÌ„ aliqÌ„bê° eoruÌ„ quinque et in aliquibê° septeÌ„ per duos etiam testes veritateÌ„ ê“bari posse cuÌ„ non aliter ipÌ„a pateret vtique leges Angliae affirmaÌ„t NaÌ„ si quae supra altum mare extra corpus cuiuslibet comitatus regni illius fiant quae postmoduÌ„ in placito

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