Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	die_v	great_a	see_v	6,824	5	3.2450	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68633	An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set foorth and augmented, both in french and English, for the helpe of such younge students as are desirous to attaine the knowledge of ye same. Whereunto are also added the olde Tenures; Expositiones terminorum legum Anglorum. English and Law French	Rastell, John, d. 1536.; Rastell, William, 1508?-1565.	1579 (1579)	STC 20706.5; ESTC S115758	196,680	894

somtimes to the vse of y t baily y t is to say of him to whō it is deliuered and sōetimes also it is deliuered ouer to y ● third persō This deliuery is called a bailement Bailife BAilife is an officer that belongeth to a manour to order the husbandry hath aucthoritie to paye quitrents issuing out of y e manor fell trées repaire houses make pales hedges distreine beastes vpō the ground diuers such like This officer is hée whom the auncient saxōs called a Réeue for the name bailife was not then knowne amonge thē but came in with the Normans is called in lattin villicus Bakeberinde theefe BAkberinde Théefe is a théefe that is takē with the manner that is to say hauing y ● found vpon him being folowed with the hue and crie which he hath stollē whether it be mony linen woollē or other stufe but it is moste properly sayed when he is taken caryinge those things y ● he hath stollen in a bundel or fardel vpō his backe Bargaine and sale BArgaine and sale is when a recompence is giuen by both the parties to the bargain As if one bargaine sel his land to an other for mony Here the lande is a recōpēce to him for the money the money is a recōpence to the other for the lande this is a good contract and bargain and fée simple passeth notwithstādinge he doth not saie to haue and to hold the land to him and to his heires And by such a bargaine and sale landes may passe without liuery of seysin if the bargayne and sale be by déede indented sealed and enrolled eyther in the county where y ● land lieth or in one of the Quéenes courtes of Recordes at Westminster within vjmonethes next after the date of the same writing endented accordinge to y ● statute in that béehalfe made in the 27. yeare of H. 8. ca. 16. Barre BArre is when the defendant in any action pledeth a ple which is a sufficient aunswere and that distroyeth the action of the pleintife for euer Bastarde BAstarde is hée that is borne of any woman not maried so y t his father is not knowen by the order of the law therfore he is called the childe of y ● people But by the lawe spiritual if one get a child vppon a woman which child is borne out of wedloke after he mary the same woman thē such a childe shal be said mulier not bastarde But by y ● law of Englād it is a bastard and for y t cause whē such special bastardy is alleaged it shal be tryed by the countrey not by the bishop But general bastardy alleaged shal be tried by y ● certificat of y e Bishop And if a woman bée greate wyth childe by her husbande who dieth and she taketh an other husband after y e childe is borne this child shalbée sayed the childe of the first husbande But if shée were priuely wyth childe at the tyme of the death of her first husbād then it shal be said y e child of y e secōd husband but enquire farther sée y e opiniō of Thorp 21. E. 3. 39. Also if a manne take a wyfe which is greate w e chylde by an other that was not her husbande after the chylde is borne w ein the espousels then he shal be saied the childe of the husbande though it were borne but one day after y e espousels solempnised Battaile BAttayle is an auncyent trial in our lawe which the defendaunt in an appeale of felony may choose that is to say to fight with the appellant for proofe whether he bée culpable of the felony or not which combate if it fal out soe wel on y e part of the defendant that he doe vanquish the appellant hée shal goe quite and barre him of his appel for euer But if one bée indicted of felonye and an appel is brought vppon the same indictment there the defendant shal not wage battayle Battaile also may be in a writ of right Bigamy BIgamy was a counterplea deuised at the Councel of Lions vppon mislike of second mariage to be obiected whē the prisoner demaundeth the benefit of the Clergie to wit his booke as namely to say that hee which demaundeth the priuiledge of the clergy was maried to such a woman at such a place within such a diocesse that shee is dead and that he hath since maried an other woman within the same dioces or with in some other diocesse and so is Bigamus Or if he haue bin but once maried then to say that she whom he hath maried is or was a widow that is to say the left woman of such a one c. which thing shal be tried by the Bishop of y e diocesse where the mariages are alleged And béeinge soe certifyed by the Bishoppe the prisoner shall lose the benefite of the clergie But at this daye by force of the Act made in Anno 1. E. 6. cap. 12. this is n●e plea but that hee may haue his Clergye yet not wythstandinge Soe is Brooke titulo Clergie placito 20. to the same purpose And hereuppon if you bee desirous Brother Nicholas to sée what reasons they haue that perswade against second mariages reade amonge manye other Fraunches Petrarch of Remedies for both fortunes the first booke and lxxvi Dialogue intituled of seconde mariage which booke nowe of late our brother master Thomas Twyne hath very wel and w t good grace as they y ● can iudge doe say translated out of latine into english and moste aptly called it Phisicke against fortune Blodewit BLodewit that is to be quite of amercements for blodsheding what pleas are holden in your court you shall haue the Amercementes thereof coming because wit in english is Misericordia in latine Boote BOote is an old woord and signifyethe helpe succour ayde or aduauntage and is commonly ioyned with an other word whose significatiō it doth augemēt as these brighoot burghboote fireboote hedgboot plowboote diuers such like for whose significations looke in their proper titles Brode halpeny BRode halpeny in sōe copies Bordehalpeny that is to be quite of a certein custome exacted for settinge vp of tables Brugbote BRugbote and in some copies Brigebote that is to be quite of giuinge aide to the repairinge of bridges Burghbote BUrghbote that is to be quite of giuinge ayde to make a borough Castel city or walles throne downe Burchbrech Burghbrech that is to bée quite of trespasses don in Citie or borough against the peace Burgh English BUrgh English or borow english is a custome in sōe auncient borough that if a man haue issue diuers sonnes and dieth yet the yongest sonne onely shal enherit and haue al the landes tenementes that were his fathers whereof hée died seysed wythin the same burgh by dyscent as heire to his father by force of the custome of the same Burglary BUrglary is when one breaketh and entreth into y ● house of an

right to present is called patron Age prier AGe prier is whē an accion is brought against an infant of lands that hee hath by discent there he shal shewe the matter to the court shall pray that the action shal abide til his ful age of one and twenty yeres and so by awarde of the court the suit shal surcesse But in a writte of Dower in Assise also in such actions where the infāt cōmeth in of his own wrōg he shal not haue his age Also note well y ● there be many diuersities of ages for y ● Lord shal haue ayde of his tenant in socage for to marye hys doughter when y ● doughter of the lord is of thage of vii yeres and also aide for to make his sonne heire knight when hée is of the age of seuen yeres Also a womā which is maryed at the age of ix yeres yf her husband die seysed shal haue dower not before nine yeres Also xiiij yeres is y ● age of a womā y ● she shal not be in ward if she were of such age at y ● time of the death of her aūcester but if she were w tin y ● age of xiiii yeares and in ward of y e lord thē she shal be in ward til y ● age of 16. yers also xxj yeres is the age of y ● heire male to ●ée in warde and after y ● out of warde also it is y ● age of male and female to sue to be sued of lands which they haue or clayme by discent to make al maner of contractes bargaines and not before But if such an infaunt w t the age of xxj yeres geue his goods the donee take them hee may haue an action of trespas but otherwise it is if hee delyuer them him selfe Agreement A Gréemēt is after this sorte defined or expoūded in master Plowdēs Comētaries Aggreamentū is a worde compounded of two wordes namely of Aggregatio and Mentium that is to say agremēt of minds so that agréement is a consente of myndes in some thinge done or to bee done and by drawinge together of the ij words Aggregatio mētiū by the hasty short pronouncing of thē they be made one woorde to wit Aggreamēt ' which is no other thing then a ioining putting cuppling knitting together of ij or moe mindes in any thinge done or to bée don Sée after in Testament And this agréement is in iij. maners The j. is an agrement executed al ready at y ● beginning The second is an agreement after an act done by an other and is an agreement executed also The third is an agremēt executorie or to be don in time yet to come The first which is an agreement executed already at y ● beginning is such wher of mencion is made in y ● stat of 25. E. 3. cap. 3. of clothes in y ● iiij statute which saith that y ● goods things bought by forestallers beinge therof attainted shalbée forfait to the Queene if the huyer haue therfore made gree with the seller in which case this woorde Gree which is otherwise called agrement shal be vnderstood agremēt executed y ● is paiment for y ● things The secōdmaner of agrement is where one doth a thing or act and an other agrees or assentes thereto afterward as if one doe a disseisin to my vse and after I agree to it nowe I shal be a disseisour from the beginning such agréement is an agréemēt after an act don The iij. agremēt is whē both parties at one tyme are agreed that such a thing shal be done in time to come and this agréement is executory in as much as the thing shal be done after and yet there their ●●indes agreed at one tyms but because the perfourmance shal be afterwarde and so the thinge vppon which the agreemēt was made remaynes to be done y ● agréemēt shal be said executory And y ● the statute of 26. H. 8. cap. 3. doth prooue where it saith that euery vicar person such like c. before their actual possession or medling w t the profits of their benifice shal satisfie content c. or agree to pay to the vse of the Quéene the first fruits c. and if any such person vicar c. enter in actual possessiō c. this agrement is to be vnderstoode executory as y ● cōmon vse prooues for it is vsed y ● he w t one or ij w t him doe make two or thrée obligations for it to bée payed at certeine dayes after And this agréement executorye is denided in ij pointes One is an agréement executory which is certein at the beginninge as is sayed laste béefore of the first fruits The other is where y ● certentye doth not appeare at the first and y ● parties are agréed y ● the thinge shal be performed or payed vppon the certenty knowen As if one sell to an other al hys wheat in such a tasse in his barne ●nthreshed it is agréed betwene thē y ● he shal pay for euery bushel xij d. when it is threshed cleaned measured Aide AIde is when tenaunt for terme of life tenāt in dower tenant by curtesie or tenant in tayle after possibilitie of issue extinct is impleded then for that y ● they haue noe estate but for terme of lyfe they shal pray in aid of him in the reuersion proces shalbée made by writ against him to cōe and plede with the tenāt in the defence of the land if he wil but it behoueth that they agree in plee for if they vary the plée of the tenāt shal be taken and then the aide prayer is voide but if hee come not at the second writte then the tenant shal aunswere sole Also tenaunt for terme of yeares tenaunt at wil tenaunt by Elegit and tenaunt by statute merchaunt shall haue aide of him in the reuersion theseruant and baylie of their mayster when they haue done any thing lawfully in the right of their maister shal haue aide Ayde of the Kynge is in lyke case as it is sayed béefore of a common personne and also in manye other cases where the king may haue losse although that the tenaunt be tenaunt in fee simple hée shal haue aide as if a rent bée demaunded against the kynges tenant which holdeth in chiefe he shall haue aide and so hée shall not haue of a common person Also where a Citie or borough hath a fee ferme of the kinge any thinge bée demaunded agaynst them which béelongeth to the fée ferme they shal haue ayde for the losse of the king Also a man shall haue ayde of the kynge in the stéede of voucher Also the kynges Bailife the collector and purueyour shall haue ayde of the kinge as well as the officers of other persons Alien ALien is he whose father him selfe were both borne out of the Quéenes legeance and if such an

very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ● land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ● defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ● ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m● lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ● reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth

curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a sōne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this lād for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y ● person of him of whom he holdeth And for that this tenāt may not aliē ī fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel ī effect for no action is mayntenable against y ● termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y ● if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y ● lessee to haue more lōg time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the sāe estate in the lands that the lessour did him graunt at y ● ●eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womā shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y ● day assigned then y ● woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimēt y ● donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y ● yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward cōtrary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in aunciēt tenure is that where the people in aunciēt demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge thē whē their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y ● base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is cōteined in the feffemēt and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the cōmon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The