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death_n abate_v abatement_n defendant_n 93 3 10.6693 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19476 The interpreter: or Booke containing the signification of vvords wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe vvriters, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. ... Collected by Iohn Cowell ... Cowell, John, 1554-1611. 1607 (1607) STC 5900; ESTC S108959 487,900 584

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haue thought it their part to expound any thing they could meete with in their vvalke And in deede a Lavvyer professeth true Philosophy and therefore should not be ignorant if it vvere possible of either beastes foules or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the vvall And therefore if I haue either omitted any hard vvord vvithin my circuit or set it dovvne not expounded I giue you good leaue to impute the one to my negligence the other to mine ignorance and so cōmend these my paines to your best profit and you vnto God Nouember 3. 1607. IO. COVVELL These faults I haue noted according to the words alphabetically which of necessitie require emendation IN the word Rawnge for Pouralleeses read Pourallees In the word Reasonable ayde reade Claimeth of his tenents houlding c. For the word Remittere read Remitter In the word Returno habendo for Expleuied reade Repleuied In the word Scot and Lot for Aulote Auscote reade Anlote Anscote For the word Statutum de laboriis reade Laborariis In the word Terme for Certifie reade Rectifie For the word Thrid with hawan man reade Thrid nith For the word Tost read Toft In the word Tolle for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the word Verdour for Verdioir read Verdeur For the word Vicountie reade Vicountiel In the word Watlingstreat for Tosse read Fosse in the word Widow for Vide read Vuide For the word Woolferthfod read Wolferhefod The signification of Words A B ABATE Iutrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law vsed both actiuely and passiuely or rather neuterly as to abate a castell or a fortlet Old Nat. br fo 45. which in Westm 1. cap. 17. is plainely interpreted to be as much as to beate downe And to abate a Writ is by some exception to defeate or ouerthrow it Britton cap. 48. And in this Actiue voice it hath two significations one generall another speciall generall as in the former examples and againe in Kitchin fol. 173. Abater meason is to ruine or cast downe a house especiall as in the Old Nat br fol. 115. A stranger abateth that is entreth vpon a house or lād void by the death of him that last possessed it before the heire take his possession and so keepeth him out Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in betweene the former possessor and his heire is said to abate In the neuter signification it is vsed ann 34. Edw. 1. stat 2. of ioynt tenants viz. the Writ of the demandant shall abate that is shall be disabled frustrated or ouerthrowne So in Stawnfords plees of the crowne fol. 148. In this case a man may say that the appeale abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio cōmeth also of the French abatement i. deiectio decussio prostratio and is likewise vsed as the verbe abate both actiuely and passiuely somtime signifying the act of the abator as the abatement of the heire into the land before he hath agreed with the Lord. Old nat br fol. 91. Sometime the affection or passion of the thing abated as abatement of the writ Kitchin fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiencie of the matter or to the incertaintie of the allegation by the misnaming of the plaintiffe defendant or place to the variance betweene the Writ and the specialtie or record to the incertaintie of the VVrit count or declaration or to the death of the plaintiffe or defendant new tearmes of the law verbo Abatement of Writ And he that will reade more of this may looke vpon the new booke of Entries verbo Briefe Abatour Intrusor is he that abateth that is thrusteth into a house or land void by the death of the former possessor and not yet entred or taken vp by his heire Old nat br fol. 115. Perkins fol. 76. If there be a disseissor abator or intrudor vpon any land by the deceipt of the woman c. Abbot Abbas in French Abbè is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our common law is vsed for him that in the covent or fellowship of Canons hath the rule and preheminence He is by Iustinian novel constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tearmed Archimandrita of others Coenobiarcha vel Archimonachus Hoto in verbis feuda Of these some here in England were mitred some not Stowes annals pa. 442. And those that were mitred were exempted from the iurisdiction of the diocesan hauing in themselues episcopal authoritie within their precincts and being also Lords of the Parlament Of this kind thus saith Corasius Aliqui Abbates habent iurisdictionem episcopalem ad quos cum Ecclesia pleno iure pertineat in eorum Monasteriis Episcopus nihil exercet cap. Ea quae Vbi Panor extra de statu Monacho Haec dictus author in Paraphrasi de sacerdotio materia parte pri cap. 9. And these were called Abbots soueraigne anno 9. R. 2. cap 4. and Abbots generals as M. Fearne noteth in his glory of generositie pag. 126. The other sort were subiect to the diocesan in all spirituall gouernement cap. Monasteria 18. quaest 2. cap. Abbas cap. visit andi cum quatuor sequentibus ibidem ca. Omnes 16. quaest 7. cap. Cùm venerabilis extra de religîosis domibus And as Abbots so were there Lord Priors also who both had exempt iurisdiction were Lords of the Parlament as appeareth by S. Edward Cooke de iure Ecclesiastico fol. 28. a. Abeyance seemeth to be deriued from the French Abayer i. allatrare to barke at as dogs do against a stranger or spaniels at a Fesant put to the pearke So children are said bayer à la mamme when seing the dug they struggle and make meanes towards it And they likewise bayer a l'argent qui spe atque animo incumbunt pecuniae This word in Litleton cap. Discontinuance is thus vsed The right of Fee-simple lyeth in abeyance that is as himselfe interpreteth all onely in the remembrance intendmēt and consideration of the law Also in the same place the Francke tenement of the glebe of the parsonage is in no man during the time that the parsonage is void but is in abeyance And againe It is a principle in lawe that of euery land there is Fee-simple in some man or the Fee-simple is in abeyance Considering these places and comparing them with the signification of