Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	abbot_n	bishop_n	duke_n	1,035	4	5.9562	4	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

y ● hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y ● four tenāts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the Cōquest and euer since till nowe The end of the customes Hauinge thus ended y e custōes as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y ● lands w tin this Shire which be of aunciēt Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y ● lands holden by auncient tenure of knightes seruice be at the cōmon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of Caūterbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande ▪ Lorde of Ireland Duke of Normādye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our presēt Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those lāds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those lāds so ●●uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a rēt of pence of like value And y ● y ● same rent be paied as y ● other rēt of pence is Wherefore we wil straightly cōmaund y ● whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and cōfirmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y ● sonne of Peter Earle of Essex Williā Marshall Earle of Pēbrooke Ro. of Harecourt Garine y ● sōne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y ● hād of S. Archdeacon vnto Williā at Rupem auriual y ● 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficiēt vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessiōs of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commō lawe as other lands being in the said coūty of kent which neuer were holdē by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y ● makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y ● comō lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land aunciētlye holden by knightes seruice cōe to y ● Quéens hands whoe afterwarde giueth y e same out againe to a cōon persō to be holdē of her manor of East Grene within Socage this lande not with standinge the alteration of y ● tenure remaineth dis●●dable to y ● eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to discēd according to y ● custde not w tstanding y t y e tenure be altered if this be true in the graūt of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratiō of this olde custome maner For as the

holdeth ouer of y ● lorde aboue him As if y ● tenāt hold of y ● mesne by homage fealty xx s. of rēt yerely y e mesne holdeth ouer of y e lord aboue by homage fealty xx s. rent also this is called owelty of seruices Hearing of Recordes and deedes c. HEaringe of Records déeds is if for example an actiō of det be brought against a man vppon an obligation and the defendant appéeres to the action and then praieth y t he may heare the obligatiō where with the plaintife chargeth him Soe it is when as executors bringe an action ofdet and the defendant demaundeth to heare the testament vpon this demaund it shal be read vnto the desendaunt But if it be in an other ●erme or after y ● the defendant hath imparled then hée shal not heare it And soe as is sayed of déedes is to be vnderstoode of recordes that are alleged against him Pape PApe is an auncyent name falsely arrogated or proudly vsurped by y e Bishop of the only Citye of Roome in Italie and is commonlye englished the Pope a name truely much frequented in our auncyent yere bookes specially in the times of those kings who to much abādoning their emperiall aucthoritie and abasinge themselues far beneath their estate were not a shamed to suffer an alyen outlandish Bishop that dwelt aboue fiftéene hūdred miles from them to bee soueraigne ouer them in their owne dominions and to take frō them not onely the disposition of certen small trisles of none accompt but also the nomination of Archbishoppes Bishops Abbots Deanes prouosts appropriations of benefices presēta● ' to personages vicarages generally of al spirituall persons to their preferments sometymes by lapse and sometimes otherwise whereby the kings princely prerogatiue was very much abridged w tin their owne Realmes Partition PArtityon is à deuyding of lāds discēded by the cōmon law or by custome amōg coheires or parceners wher there be ii at y ● least whether they bée sonnes daughters sisters aūtes or otherwyse of hyn to the auncestour from whom the lād discended to thē And this particion is made iiij wayes for the most part wherof thrée are at pleasure and by agreement among them the fourth is by compulsion One particyon by agréement is when they them selues deuide the lande equally into so many partes as there bée of them coparceners each to choose one share or part the eldest first so y ● one after other as they bée of age except y ● the eldest by consent make the particion then the choise belongeth to y ● next and soe to the eldest last accordynge as it is saied Whoe so maketh the partition the other must haue the choyse An other partition by agreement is whē they choose certen of their frends to make diuision for them The third partition by agréement is by drawing of lots thus first to deuide the land into so many parts as there bée parceners then to writ euery part seuerally in a little scrolle or peece of paper or parchment and to put the same scrolles vp close into a hat cap or other such like thing and then each parcener one after an other as they bée of age to drawe out thereof one peece or scrolle wherein is written a part of the land whych by thys drawinge is nowe seuerally allotted vnto them in fée simple The fowerth partition which is by compulsion is when one or some of the coparceners would haue partition and other some wil not agrée there to Thē they y ● so would haue partitiō may bring a writ de partitione facicienda against y ● others that would not make partition by vertue whereof they shalbée compelled to depart c. Wée in Kent Brother Nicholas where the landes are of Gauelkynd nature cal at this day our partition Shiftinge euen y ● very same woord that the Saxons vsed namely Scystan which signifieth to make partitiō betweene coheires and to assigne to each of them their portion in latyn it is called Herciscere Parties PArties to a fine or déede are those that leuie the same fine and also they to whom the fine is leuied And they that make a déede of feoffement and they to whō it is made are called parties to the déede and so in any other like cases Patron PAtron is hée that hath a parsonage vicarage frée chappel or such like spiritual promotion béelongynge to his maner and may or ought to gyue the same beneūce when and as often as it falleth voyd And thys beynge patron or patronage had beginninge for the most part by one of these three wayes namely either by reason of the foundation for that the patron or hys auncestours or those frō whom he claimes were sounders o● builders of the Church or by reason of Dotation for y ● they did endowe or giue iāds to the same for mayntenaunce thereof or els by reason of the ground because the Church was set or builded vpon their soyle or ground many times by reason of them al three Perquisites PErquisites are aduātages and profits that cōe to a manner by casualtie and not yearely as Escheates Heriots Reliefes waifes straies forfaytures amercementes in Courtes wardes mariages goods and landes purchased by villaines of y e same manor and diuers such like thinges that are not certen but happē by chāce sometimes more often then at other times Plaintife PLayntife is hée that sueth or complaineth in an ass or in an action personal as in an action of det trespas disceit detinue and such other Pledinge PLeding is y ● which cōmeth after y ● coūt namely y ● which is contayned in the barre replication and reioynder and not that contayned in the count it selfe and therefore defauts in the matter of the Count are not comprised within mispleading or insufficient pleading nor are remedied by y t statute of Jeofailes But onely that mispleading or insufficient pleading committed in the barre replication and reioynder are there prouided for Pound POundes are in two sortes the one pounds open the other poundes close Pounde open is euery place wherein a dystresse is put whether it bée cōmon pound such as are in euery Towne or lordship or whether it be backside Court yard pasture or els whatsoeuer where the owner of the distresse may come to geue them meat and drinke without offence for their beinge there or his comming thither Pounde Close is such a place where the owner of the distresse may not come to giue them meat and drinke wythout offence as in a close house or whatsoeuer els place Possession POssession is saied two wayes eyther actuall possession or possession in lawe Actual possessiō is whē a manne entreth in déed into lands or tenements to him discēded or otherwise Possession in lawe is whē lāds or tenemēts are discended to a man and hee hath not as yet really actually and in déede entred into them And it is called possession in

father brother cosin or other man that he wolde appoint should take it if it were a house of Monkes and if hée were founder of a house of Nuns or women thē the same for his mother Sister Cosin or other woman that hée would direct thither And alwaies this was prouided for that hée that had Corody in a house of Monkes might not sēd a woman to take it Nor where Corody was due in a Nunry there it was not lawful to appoint a man to receiue y ● same for in both cases such presentation was to bée reiected And this Corody was due as well to a cōmon person y ● was foundor as where the kinge him selfe was foundor But where the house was holden in frankalmoign there the tenure itselfe was a discharge of Corody against al menne Except it were afterward charged voluntaryly as when the kinge woulde send his writ to the Abbey for a Corody for such a one whō they admitt there the house should be charged for euer whether the kynge were foundor or not Crowner CRowner is an auncient officer of trust and of great aucthoritie ordayned to be a principal conseruator or kéeper of the peace to beare recorde of the pleas of the Crowne and of his owne sight and of diuers other things many in number c. But at this day either y e aucthoritie of the Coroner is not so great as in fore tyme it was whereby the office is not had in like estimation Or els the Shirife and those y ● haue aucthoritie to choose the Coroner are not so careful as they should be in their election therefore it is nowe almost come agayne into that plight that it was in king Edward the firsts daies when this statute followinge was made Forasmuch as meane menne and vndiscréete nowe of late are commonly chosen to the office of Coroner where it is requisite that wyse men lawfull and able should occupie such offices It is prouided that through all Shires sufficient m●n shoulde bee chosen to bée coroners out of the most wyse and discréetest knightes c. And although the letter of this statute be not precisely obserued yet at the least the entend should be followed as nigh as might bée that for the default of knights Gētlemen furnished with such qualities as the statute setteth downe of whych sort there bee many might be chosen with this addiciō that they be vertuous good knowne Christians Corporation COrporation is a permanent thing y ● may haue succession And is an assembly and ioining together of many into one fellowshipp brother hoode and minde whereof one is hedde chéefe the rest are the body this hedde body knitte together make the corporation And of corporatyons some are called spiritual and some temporal and of those that are spiritual some are corporations of dead persons in lawe and some otherwise and some are by aucthoritie of the kynge onely and some haue byn of a mixt aucthoritie and of those that are temporal some are by aucthoritie of the kynge also and some by the common lawe of the Realme Corporation spiritual and of deade persons in lawe is where the corporation consisteth of an Abbot and Couent and these had beginninge of the kinge and the man of Roome when he had to doe here Corporation spiritual and of able persons in lawe is where the corporation consisteth of a Deane and chapter and his corporation had béeginninge of the Kynge onely Corporation Temporal by the king is where there is a maier and cōminalty Corporation Temporal by aucthoritie of the cōmon law is the assēble in parliament which cōsisteth of the Quéene the hedde of the corporation and of the Lordes spiritual and temporal and the comons of y e realme y ● body of y ● corporation Bodies politike BOdies politike are Bishops Abbots Priors Deans persō of a church and such like which haue succession Corruption of Blodde COrruption of blodde is when the father is attaynted of felonye or treason then his blode is sayed to be corrupt by meanes wherof his children cannot bée heires to him nor to any other aūcestour And if hee were a noble man or gentlemanne before hee and al his chyldren thereby are made vnnoble vngentle hauinge regarde to the nobilitie or gentrye that they clayme by their father which cannot bée made hole againe without aucthority of parliament Couenant COuenaunt is an agréement had béewéene two personnes where euery of them is bounden to the other to parfourme certeyne couenauntes for hys parte Couerture COuerture is when a man a woman ar maried together Nowe the tyme of the contynuaunce of this mariage betwene them is called couerture and the wife is called a woman couert Couin COuin is a secret assent determined in the hartes of ij or more to the preiudice of any other As if tenaunt for terme of life wil secretly cōspire with an other that y ● other shal recouer against the tenaunt for lyfe the lande whiche hée holdeth c. in preiudice of him in the reuersion Counterplea COunterplee is where one bringeth an actyon and the tenaunt in his aunswere and plee voucheth or calleth for any manne to warraunt his title or praieth in aide of an other which hath better estate then hée as of hym that is in the reuersion or if one that is a straunger to the action come and pray to bee resceyued to saue his estate if the demaundaunt reply thereto and shew cause that he ought not to vouche such one or that hée ought not of such one to haue ayde or that such one ought not to bée resceyued this plée is called a counterplée Cinque portes CInque portes be certein hauen townes fiue in number to which haue bene longe since graunted manye libertyes that other porte Townes haue not and that first in the time of king Edward called y ● cōfessor who was before y ● cōquest hath bē encreased since chiefly in y e dates of y e ij Edwards the first second since y ● conquest as appereth in the booke of Domesday other olde monuments which in this worke beinge to longe to cite I meane bro. N. to omit set you here downe y ● copy of an auncient record in frēch which y e worship full our louing and very good father master Iohn Tvvine of Caunterbury gaue me out of his booke called W. Biholt sometime a monck of y ● abbey of Saynt Augustines wherein you shal learne which were aūciētly accōpted y ● v. ports their memberz what seruices they ow where their court ought to be kept before whom and of what matters they may hold plee w t such like worthy to be knowen thereby you shal perceiue also y ● y e olde rude verse doth falsely name y e v. ports in reckninge them vp after this sort Douer Sandwicus Rye Rūney Frigmareuentus Douer Sandwich Rie Rumney Wichelsey which is mēthy Frigmareuētus c. which recorde