Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	abatement_n	abridge_v	writ_n	20	3	10.4457	5	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

the heire Abbot ABbot was the soueraigne head or chiefe of those houses of popish religion which when they stood were called abbeies and this abbot together w t y e monkes of y e same house whoe were called the couent made a corporation Abbettours ABbettorʒ are indiuers cases diuersely taken one kinde of Abbettours are they that maliciously without iust cause or desert do procure other to sue false appeales of murder or felonie against menne to the entent to trouble and gréeue them and to bringe them into infamye and sclaunder Abbettours in murder are those that commaunde procure coūsel or comfort others to murder And in some case such Abbettors shal be taken as principals and in some case but as Accessories Soe in other felonies And their presēce at the deede doinge and their absēce maketh a differēce in the case There are abbettors also in Treason but they are in case as principalles for in Treason there are noe accessories Abeyance ABeyaunce is when a leas is made for terms of lyfe the remainder to the right heires of I. S. which I. S. is liuing at y ● time of the graūt Nowe this graunt of rem passeth from the grauntour presentlye yet it vesteth not presently nor taketh holde in the grauntee that is to say the right heire of I. S. but is sayde to be in abeyance or as the Logiciens terme it in power or in vnderstanding and as we say in the cloudes That is to wit in the consideration of the lawe That if I. S. die leauing a rightheire lyuinge and lyuynge the Lessee for lyfe then this is a good rem ' and nowe vesteth and commeth into that right heire in such sort as that hée may graunte forfayte or otherwyse dyspose the same and cesseth to bée anye more in abeyaunce for that there is one nowe of Abilitye to take it because that I. S. is deade hath left a right heire in life which coulde not bée liuinge I. S. for that duringe his life none coulde properlye bée sayed hys heire Also if a manne be patron of a church presentethe one to the same Nowe is the fee in the person but if the person die and the church is become voyde then is the fee in abeyaunce vntyll there bée a newe personne presēted for y e patron hath not the fee but onely the right to present y e fee is in y t incūbent y e is presented after his death it is in noo body but in abeiāce til therebe a new incūbent as aforesaid ¶ Abishersing ABishersinge and in some copyes mishersinge that is to be quite of amercements before whō soeuer of transumptyon proued Abiuration ABiuration is an othe that a manne or womanne shall take when they haue committed felonye and flye to that church or church yarde for safegarde of their lyues chosinge rather perpetual banishement out of the Realme then to stand to the lawe and to bée tryed of the felonye And this lawe was instituted by Saynt Edwarde the confessour a Kinge of this Realme before the conqueste and was grounded vppon the lawe of mercys and for the loue and reuerence noe doubt that hée and other hys successours dyd beare vnto the house of God or place of prayer and administration of his woorde and sacraments which wée call the church But howe vncomely a thinge it was or is and howe farre from the nature of the house of god to make her a succorour and defender of horrible murderers theues you may consider brother Nicholas and the rather when you remēber what our sauiour Chiste sayed reprehending the Jewes and parauenture also propheseinge of thys My house shalbée called the house of prayer but you haue made it a denne of théeues Abridgement of a plaint or demaund ABridgemēt of a plaint or demaunde is where one bryngeth an assyse writ of dower writte of ward or such like where the writ is de libero tenemento as in a writ of dower the writ is rationabilem dotem que eam contingit de libero tenemento W. her husband And in a writ of ward the writ is custod ' terr' et hered ' c. and the plaintife or demaundant demaundeth diuers acres or parcels of land and the tenant pleadeth non tenure or iointenancy or some other such like plea to parcell of the land demaūded in abatement of the writ then the plaintife or demaundant may abridge his plaint or demaunde to that parcell that is to say he may leaue that part out and pray that the tenaunt shall answere to the rest to which hee hath not yet pleaded any thinge The cause is for that in such writs the certeintie is not set downe but the demaunde runneth generally de libero tenemento and notwithstandinge the demaundaunt hath abridged his playnt or demaunde in part y●t the writ remayneth good stil de libero tenemento for the rest Acceptance ACceptance is a taking in good part and as it were an agreeinge vnto some act don before which might haue byne vndon and auoyded if such acceptance had not bin by him or them that so accepted As for example if an Abbot lease land of his house for terme of yeares reseruing rent and dieth and after an other is made abbot who accepteth that is to say taketh or receyueth the rent when it is due and ought to bee paied Nowe by this acceptance the lease is made perfect and good which els the Abbot might very well haue auoyded and made frustrate The like law is i● a man his wife seysed of land in y ● right of y ● wife ●ome and make a lease or feoffemēt reseruing rent and the husband dieth shee accepteth or receiueth the rent by which the feoffement or lease is made perfect and good and shall barre her to bring her writ called Cui in vita Accessories ACcessories are in ii sortes the one before the offence the other after the offence is done Accessorie béefore the fact or offence is hée that commaundeth or procureth an other to doe felony and is not there present him selfe when the other doth it but if hée bée present then hee is also principall Accessorie after the offence or fact is he that receyueth fauoureth or aydeth a felon knowing wel of the deede that hee hath done Also one may be accessorie to an accessorie as if one feloniously receiue an other that is accessorie of a felonie there the receyuer is an accessorie Accion ACcion is a suit geuen by the lawe to recouer a thing as an accion of debt and such like Accions personals ACcions personals bée such accions whereby a man claymeth debt or other goods or cattel or damage for them or damages for wrong done to his person Accion populer ACcion populer is an accion which is geuen vppon the breach of some penal statute which accion euery man that will may sue for him selfe and the Queene by information or otherwise as the statute alloweth and the case requireth And of

sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y ● is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y ● Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutiō is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and whē y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whō the testator was in debt shall haue an action against the executor if hée haue an obligatiō or specialtie but in euery case where y ● testator might wage his lawe no actiō lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and consciēce to purchase mony as well by extortion as otherwise according to y ● saying of y e poet Uirgil What can be told or what is that that hūger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demaūdeth iudgmēt of the court if he shall agayne haue this actiō c. And y ● plaintife sayth there is ●o● such record Whereupō y ● defendant hath a day giuē him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action thē he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y ● déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indēted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée grātee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y ● parties names to the déed