Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	abate_v	abatement_n	plaintiff_n	52	3	10.1899	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34797	The interpreter, or, Book containing the signification of words wherein is set forth the true meaning of all ... words and terms as are mentioned in the law-writers or statutes ... requiring any exposition or interpretation : a work not only profitable but necessary for such as desire thoroughly to be instructed in the knowledge of our laws, statutes, or other antiquities / collected by John Cowell ...	Cowell, John, 1554-1611.	1658 (1658)	Wing C6644; ESTC R31653	487,806	288

their walk And indeed a Lawyer professeth true Philosophy and therefore should not be ignorant if it were possible of either beasts fowls or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the wall And therefore if I have either omitted any hard word within my circuit or set it it down not expounded I give you good leave to impute the one to my negligence the other to mine ignorance and so commend these my pains to your best profit and you unto God November 3. 1607. IO. COWELL The Signification of Words AB ABATE Intrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law used both actively and passively or rather neuterly as to abate a Castle or a Fortlet Old nat br fol. 45. which in Westm 1 cap. 17. is plainly interpreted to be as much as to beat down And to abate a writ is by some exception to defeat or overthrow it Britton cap. 48. And in this Active voice it hath two significations one general another special general as in the former examples and again in Kitchin fol. 173. Abater meason is to ruine or cast down a House especially as in the Old nat br fol. 115. A Stranger abateth that is entereth upon a House or Land void by the death of him that last possessed it before the Heir take his possession and so keepeth him ou● Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in between the former possessor and his heir is said to abate In the neuter signification it is used an 34 Ed. 1. stat 2. of joint tenents viz. the writ of the demandant shall abate that is shall be disabled frustrated or overthrown So in Stawnfords pleas of the Crown fol. 148. In this case a man may say that the Appeal abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio commeth also of the French abatement i. dejectio decussio prostratio and likewise used as the verb abate both actively and passively sometime signifying the act of the abator as the abatement of the heir into the Land before he hath agreed with the Lord Old nat br fol. 91. Sometime the affection or passing 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 in effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiency of the matter or to the incertainty of the allegation by the misnaming of the Plaintiff Defendant or place to the variance between the Writ and the Speciality or Record to the incertainty of the Writ Count or Declaration or to the death of the Plaintiff or Defendant New Terms of the Law verbo Abatement of Writ And he that will read more of this may look upon the new Book 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 up by his Heir Old nat br fol. 115. Perkins fol. 76. If there be a Disseisor Abator or Intrudor upon any Land by the deceipt of the woman c. Abbat Abbas in French Abbé is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our Common Law is used for him that in the Covent or fellowship of Canons hath the rule and preheminence He is by Justinian novel Constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed 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 jurisdiction of the Diocesan having in themselves Episcopal authority within their precincts and being also Lords of the Parliament Of this kind thus saith Corasius Aliqui Abbates h●bent jurisdictionem Episcopalem ad quos cum Ecclesia pleno jure pertineat in corum Monasteriis Episcopus nihil exercet cap. Ea quae Ubi Panor extra de statu Monacho Haec dictus Author in Paraphrasi de Sacerdotio materia parte pri cap. 9. And these were called Abbots soveraign anno 9 R. 2. cap. 4. and Abbots generals as M. Ferne noteth in his glory of generosity pa. 126. The other sort were subject to the Diocesan in all spiritual government cap. Monasteria 18. quaest 2. ca. Abbas ca. visitandi cum quatuor sequentibus ibidem Omnes 16. quaest 7. ca. Cum venerabilis extra de religiosis domibus And as Abbots so were there Lord Priors also who both had exempt jurisdiction and were Lords of the Parliament as appeareth by S. Edwara Cook de jure Ecclesiastico fol. 28. a. Abeyance seemeth to be derived from Abayer i. allatrare to bark at as Dogs do against a Stranger or Spaniels at a Feasant put to the Peark So children are said bayer à la mamme when seeing the dugge they struggle and make means towards it And they likewise bayer aut Pargent qui spe atque animo incumbunt pecuniae This word in Littleton cap. Discontinuance is thus used The right of Fee-simple lyeth in abeyance that is as himself interpreteth all only in the remembrance intendment and consideration of the Law Also in the same place the Frank tenement of the Glebe of the Parsonage is in no man during the time that the Parsonage is void but is in abeyance And again It is a principle in Law that of every 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 the French word I am driven to think that our antient Lawyers would signifie hereby a kind of hope or longing expectance because that those things that be in abeyance though for the present they be in no man yet they are in hope and expectation belonging to him that is next to enjoy them For I find also in the French that unbayard is avidus spectator a greedy beholder I cannot in mine own opinion better compare this than to that which the Civilians call Haereditatem jacentem For as Bracton saith lib. 1. cap. 12. nu 10. Haereditas jacens nullius est bonis ante aditionem Sed fallit in hoc quia sustinet vicem personae defuncti vel quia speratur futur a haeredisas ejus qui adibit So that as the Civilians say goods and lands do jacere whilst they want a Possessor and yet not simply because they had lately one and may shortly have another So the Common Lawyers do say that things in like estate are in abeyance Read farther of this in the new terms of Law and in Plowdens reports casu Walsingham fol. 554. a. Abet Abetare