Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	abatement_n	abbot_n	house_n	16	3	5.4922	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

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 y e same whereunto are also added the olde Tenures ¶ In aedibus Richardi Tottelli 1579. ¶ Cum priuilegio Le Table ABatement de brief on plaint fol. 1 Abatemēt en terres 1 Abbe 2 Abbettours 2 Abeyance 2 Abishersing 4 Abiuration 4 Abridgement de plaint on demaund 5 Acceptance 5 Accessories 6 Accion 7 Actions personals 7 Actions populer 7 Actions reals 8 Accord 8 Acquital 8 Acquitance 9 Additions 10 Adiournement 11 Administratour 11 Actes 11 Admirall 12 Aduowson 12 Age prier 12 Agreement 13 Aide 16 Alien 17 Alienation 17 Ambidexter 17 Amendement 18 Amercement 18 Amercement royal 18 An iour et wast 18 Annuitie 19 Appell 19 Appellant 20 Appellor 20 Appendant et appurtenant 20 Apportionment 20 Appropriations 22 Approuement 23 Arditerment 23 Arrest 23 Arrerages 24 Assets 24 Assignee 25 Attainder 26 Auerment 26 Auerpenie 26 Auncien demesne 26 Auowry 27 B ¶ Bayle 27 Baylement 28 Baylife 28 Bakberind theefe 28 Bargaine et sale 29 Barre 29 Bastarde 30 Battaile 31 Bigamy 31 Blodewit 32 Boote 32 Brodehalpeny 33 Brugbote 33 Burghbote 33 Burghbrech 33 Burgh English 33 Burglary 34 C ¶ Car●age 34 Cession 34 Challenge 35 Champertour● 36 Charge 36 Charters de terres 36 Chattels 37 Childwite 37 Chimni 37 Chose en action 37 Circuit de action 38 Claime 39 Clergie 39 Clerke attaynt et Clerke conuict 41 Colour 41 Colour de office 43 Coilusion 43 Common lcy 43 Common 45 Condition 46 Con●iscate biens 48 Contract 48 Conusance 49 Corody 50 Coroner 51 Corporation 52 Corps politike 53 Corruption de sangue 53 Couenant 54 Couerture 54 Couin 54 Counterplea 54 Cinque ports 55 D ¶ Damage fefants 60 Danegelde 61 Dcane et chapter 61 Declaration 61 Defendaunt 62 Demaines 62 Demaundant 62 Demy sanke ou sangue 62 Demurrer 63 Denizen 63 Deodande 64 Departure de son plea ou matter 64 Departure in despite del court 64 Deputie 64 Deuastauerunt bona testatoris 65 Deuise 66 Discent 70 Disclaimer 70 Dismes 70 Disperagement 71 Disseisin 72 Disseysin sur disscisin 72 Diss●ysour et disseisee 72 Distrcsse 72 Diuorce 75 Donour et donee 55 Double plee 75 Droit 76 Droit dentrie 76 Dures 76 E. ¶ Eire Justices 77 Embrasour ou Embraceour 77 Encrochment 77 Enheritance 78 Equitie 78 Escape 80 Esplces 81 Essoine 81 Estoppel 82 Estraungers 84 Estraye 84 Excōmengement 84 Exchange 85 Execution 86 Executour 87 Extinguishment 87 Extortion 88 F. ¶ Failer de recorde 89 Fait 89 Farme on farme 95 Fee farme 96 Feoffement 96 Feffour et feffee 96 Fir●bote 96 Fledwite 97 Flemeswite 97 Fletwite 97 Forstal 97 Forstaller 97 Fraunches roial 98 Frankemariage 98 Franktenement 98 Freshsuit 99 G. ¶ Gager de deliuerāce 100 Garde 101 Garden 101 Garnishment 102 Gauelate 103 Gauelkinde 104 Gelde 135 Grithbrech 135 H. ¶ Hangwite 135 Hariot 136 Haybote o● hedgebote 136 Hidage 137 Hotchpot 137 Homesoken 138 Homicide ou manslaughter 138 Hornegeld 139. Housebote 139 Hundred 139 Hundredum 140 I. ¶ Ideot 140 Illoyal assembly 141 Imparlance 141 Imprisonment 142 Insangethe●e 142 Information 142 Jointure 142 L. ¶ Larc●ny 144 Lastage 144 Lessor et lessee 144 Leuant et couchant 145 Ley gager 145 Li●ery de seisin 145 Lother●it 148 M. ¶ Mahim 148 Mainprise 149 Manour 149 Ma●●ission 150 Ma●imes 250 Mayno●r 151 Misprision 151 Monstrans de faits on records 152 Mortgage on morgag 153 Mo●t●aine 154 Mulier 154 Murder 155 N. ¶ Negatiua preignans 155 Niefe 157 Nihil dicit 158 Nomination 158 Nonability 158 N●de contra●t 158 O. ¶ Or●d●lfe 159 O●●fa●gthiefe 159 Oweltie 159 Oyer de records et faits 160 P. ¶ Pape 160 Particion 161 Parties 163 Patron 163 Perquisities 163 Plei●tife 164 Pledinge 164 Pound 164 Possession 165 Preamble 165 Prescription 166 Presentment 166 Pretensed dr̄t ou title 166 Priuie ou priuitie et priuies 167 Priuiledges 168 Prochen amy 169 Protestation 170 Purchase 170 Q. ¶ Quarentine 170 Quinzim 171 R. ¶ Regratour 171 Reioynder 172 Reliefe 172 Remainder 174 Replication 175 Reprises 175 Resceit 175 Reseruation 175 Retraxit 176 Reue 176 Reuersion 177 Riot 178 Robberie 178 Rout 178 S. Sake 179 Scot 179 Shewinge 179 Socke 179 Sokemans 179 Spol●ation 281 Stallage 183 Suit couenant 183 Suit custome 183 Suit real 183 Suit seruice 184 T. ¶ Taxe et Tallage 184 Tenure in capitie 184 Testament 185 Them 186 Thesehoote 186 Title 186 Title de entrie 187 Tolle ou tolne 187 Tourne del viscont 189 Treasure troue 189 U. ¶ U●●we 190 Uiscount 190 Uoucher 19● Uses 19● Usurie 193 Utlagaries 194 W. Waise 194 Waiue 196 Wa●wite 196 Wrecke 197 FINIS La table del Tenures SEruice de chi●aler 198 2 Graūd serieanty 198 3 Petit serieantie 198 4 Est●●ge 199 5 Homage auncestrel 199 6 Curtesy Dengle● 200 7 Fee simple 200 8 Franke tenure 201 9 Dower 201 10 Terme dans 201 11 Mortgage 201 12 Burgage 203 13 Socage 203 14 Fee ferme 205 15 Franke fee 205 16 Base fee 205 17 Uillenage 205 18 Tayle 208 19 Taile apres possibility diss●e extinct 208 20 Fanke mariage 211 21 Franke almoigne 212 22 Elegit 213 23 Statut merchant 216 24 Rent seruice 218 25 Rent charge 219 26 Rent secke 221 27 Suit seruice 224 FINIS Termes of the lawe ¶ Abatement of a writte or plaint ABatement of a writ or plaint is when an action is brought by writte or plaint wherein is lacke of sufficient good matter or els the matter alleaged is not certeinely set downe or if the plaintife or defendant or place are misnamed or if there appeare variance betwéene the writ and the specialtie or record or that the writ or the declaration be vncerteine or for death of the playntife or defendant and for diuers other like causes which I omit of purpose for thereof alone a man might make a large discourse I determine to satisfy you ▪ good brother Nicholas as wel as I may with as muche ●reuitie as litle trouble to my selfe as I can then vppon those defaultes the defendant may pray that the writ or plaint may abate that is to say that y ● plaintifes suit against him may cease for that tyme and that he shall beginne agayne his suite and bring a newe writte or plaint if he be so disposed to doe Abatement in Lands ABatement in landes or tenementes is whē a man dieth seised of landʒ or tenementes a stranger that is to saye one that hath no right entreth into the same landes or tenementes before the heire maketh his entrie this entrie of the straunger is called an abatement and he an abator But if y ● heire ēter first after the death of his auncestour and the straunger enter vppon the possession of the heire this Entry of the straunger is a disseisin to

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

other in the night with felonious intent to robbe or kil or to doe some other felony in which cases although he cary away nothing yet it is felony for which he shall suffer death Otherwise it is if it be in the day tyme or that hée breake the house in the night and enter not therin at that tyme. But if a seruant will conspire with other men to robbe his master and to that intent hee openeth his masters dores or windowes in the night for them and they come into the house by that way this is burglary in the straungers and the seruant is a théefe but noe burglar And this was the opinion of the right worshipfull Sir Roger Manwood knight most woorthy Lorde Chiefe Baron of the Eschequer at the quarter Sessions holden in Caūterburie in Januarie last 1579. 21. Elizabeth Caruage CAruage that is to bée quite if the kinge shall taxe al hislād by Carues Note that a Carue of land is a plowland Cession CEssion is when an Ecclesiasticall person is created bishop or whē a person of a personage taketh an other benefice without dispensation or otherwise not qualified c. In both cases their first benefices are becōe void and to those that he had who was created Bishop the Quéene shal present for that tyme whosoeuer be patron of them And in the other case the patron may present Challenge CHallenge is where Jurours appeare to trie an issue then if any of the parties suppose y ● they are not indifferent they may there Challenge and refuse them There be diuers challenges one is challenge to the array the other to the polles Challenge to tharray is whē the panel is fauourably made by the sherife or other officer Challenge by the poles are some principal and some by cause as they call it Principal is whē one of the Juroures is the son brother or cosine to the plaintife or defendaunt or tenant to him or y ● he hath espoused the daughter of the pleintife for those causes hée shalbée withdrawen Also in a plée of y ● death of a mā in euery other accion reall in accions personall if the debt or dāmages amount to xl markes it is a good challenge that he cannot dispende xl s. by the yeare of free holde Challenge by cause is where the party doth alledge a matter which is no principal chellēge as y ● y ● son of one of y ● Jurrours hath espoused the daughter of the pleintif then he doth cōclude therfore he is so fauorable which shal be tried by others of thēquest whether he be fauorable or indifferent if they say that he is fauorable and not indifferent thē hée shalbée drawen out otherwyse hée shalbée sworn Also a felon that is arraigned may challenge xx Jurrours paremptory wythout any cause that is in fauour of life as many as hee wil with cause but then it shal be tried if for such cause he be indifferent or not Champertours CHampertours be they y t moue pleas suites or cause to be moued by own or others procurement sue them at their owne costs to haue part of the land or gaines in variance Charge CHarge is where a man graūteth a rent out of his grounde and that if the rent bée béehinde that it shal be lawfull for him his heires assignes to distraine till the rent be paide This is called a rent charge But if one graunt a rēt charge out of the land of an other and after purchase the land the graūt is voide Charters of lands CHarters of lands are writings déeds euidēces instrumēts made frō one man to an other vpō some estate cōueied or passed betwene thē of lands or tenemēts shewing the name place quantitie of the land the estate time maner of the doinge thereof the parties to the estate deliuered and takē the witnesses pres ēt at the same with other circumstaunces Chattels CHattels are in ij sortʒ that isto say Chattels Reals and Chattels personals Chattels Reals are leases for yeares wardes and to holde at wil c. Chattels personals ar al mouable goods as money plate householde stuffe horses kine corne such like Childewite CHildwite that is y ● you may take a fine of your bondwoman defiled and begotten w t childe w tout your licence Chimin CHimine is the hye way where euery mā goethe which is called via Regia and yet the Kynge hath noe other thinge there but the passage for hym and hys people for the frée holde is in the Lorde of the soyle and all the profyte growinge there as trees and other thinges Thing in action THinge in action is when a manne hath cause or may brynge an action for some duity due to him as an action of det vpon an obligation ānuity Rent Couenant warde goods trespas or such like And because they are thinges wherof a man is not possessed but for recouery of them is driuen to his actiō they are called things in action those thinges in action that are certen the Quéene may graūt the graūtee may vse an actyon for them in hys owne name onely But a common person cannot graunt his thing in actiō nor the Queene her fel●e cannot graūt her thing in actiō which is vncerten as trespas such like Circuit of action CIrcuite of action is when an actyon is rightly brought for a duetie but yet about y e bush as it were for y ● it might as well bene otherwise aunswered and determined that suit saued and because that thē same actiō was more then néedful it is called circuite of action As if a manne graunt a rent charge of x. li. out of his manner of dale and after the grauntee disseise y ● graūtour of the same maner of dale and hée bringeth an assise and recouereth the lande and xx li. dammages which xx li. being paied the grauntee of the rent sueth his action for x. li. of his rent due duringe the time of the disseison which if noe disseisin had bene hée must haue had This is called circuit of action béecause it might haue bene more shortly aunswered for where as the grauntour should receyue xx li. dammages and pay x. li. rent he might haue receiued but the x. li. onely for the dammages and the grauntee might haue cut of and kept backe the other x. li. in his handes by way of detayner for his rent and soe thereby mought haue saued his action Claime CLaime is a challenge by any man of the propertie or ownershippe of a thinge which he hath not in possession but which is with holden frō him wrongfully Clergie CLergie is an auncyent libertye of the popishe Church which hath also béene confyrmed with vs in dyuers Parlyamentes And it is when a priest or one within holy orders as they terme it or any other whoesoeuer in whome is noe impedyment or impossibilitye to bée a priest is arraigned of felonye or such lyke

I. S. by his wil all hys lands and tenementes here not onely all those landes y ● he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements ▪ 〈…〉 ●e deui●ed to a man to haue to him for euermore or to haue to hī his assignes in these ii cases y e deuisée shal haue a fée s●ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather thē y ● wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y ● his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y ● goods are there the sonne shal not haue the house during the life of the wife for it doth appere y ● his intēt was that his wife should haue the house also for terme of her lyfe notwithstandīg it were not deuised to her by expresse words If a deuise be to I. N. and to y ● heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persō and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée aūswered thus But faith of lawes must nedes be kept and what last wil doth say what it doth cōmaūd be done y ● néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is whē the discent is conueied in y ● same line of the whole bloode as Grandfather father sonne sonns sōne so downwarde Collateral discent is out in an other braunch from aboue of y ● who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y ● lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the groūd onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure ▪ is hée which putteth anye manne out of his lande without order of y ● lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y ● is to say that the beasts haue ben vpon y ● ground by certaine space y ● they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y ● distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y ● is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremā or weyuer for that that they be commen artificers and that the cōmon presūption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys groūd But a man may not distraine for any rēt or thing due for any lād but vpon the same lande y t is charged therewith but in case where I cōe to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y ● I shal not take it for a distresse vpon the ground thē I