Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	age_n	die_v	year_n	6,258	5	4.9578	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A22780	Institutions in the lawes of Englande cum priuilegio.		1538 (1538)	STC 9290; ESTC S108752	28,451	110

our soueraygne lorde the kynge Ye shall note also that whan a woman sole bothe homage to her lorde she shall not saye I become your woman for it is not conuentent that a woman shold be the woman or any other than of her husbande that she shall marye but she shall saye euen as the relygyous persone saythe I do vnto you homage c. That yf perchaunce a man holdeth sundry landes and tenemētes of sundry lordes and euery of them by knyghtes seruyce than ī th ende of his homage he shall say sauynge the faythe that I owe to our soueraigne lord the kynge and to myne other lordes And it is to be knowen that none is bounde to do homage to the lorde onles it be suche a tenaunt as hath in the tenauncy an estate of fee simple or fee tayle eyther ī his owne ryght or in the ryght of another For yf a woman haue landes or tenementꝭ in fee simple or fee tayle whiche she holdeth of her lorde by knyghtes seruyce and taketh an husband and haue issue ī this case the husbande ī the life of his wyfe shall do the homage bycause he hath a title to haue the landes bi the curtesye yf he ouerlyueth her and also he holdeth them now in his wyfes ryght yet before issue had bitwene them the homage shall be made in theyr bothe names But yf the woman dieth before homage made by her husbande in her lyfe the husbande kepeth styll the landes as tenaunt by the curtesye now he shal not do homage to his lorde bycause he hath now an estate but for terme of lyfe Fealtie is as moche to saye as a fidelitie or faythfulnes in doynge wherof the tenaunt shall holde his hande vpon a boke and say thus Heare you this my lorde I to you shall be faythfull and true fayth to you shal beare for the landes and tenementes whyche I clayme to holde of you and duely shal do you the customes and seruices whiche I owe to do you at the termes assigned as me helpeth god and his sayntes And than he shal kysse the boke but he shall not knele as he that dothe homage And ye shal obserue that homage can not be done but to the lord hym selfe where as the stewarde of the lordes courte or the baily may take fealtie for the lorde Also tenaunte for terme of lyfe shall do fealtie but homage as is sayd he cannot do Now as concernyng escuage ye shal vnderstande that he that holdeth his landes by escuage whan the kynge maketh a vyage royall in to Scotlande for the subduyng of the Scottes is bounde to be with the kynge by the space of .xl. dayes wel conueniently arayed for the warre And he that holdeth his lande but by the moite of fee of knyghtes seruyce is bounde by the force of his tenure to be with the kynge by the space of .xx. dayes and so proporcionably accordynge to the rate and quantitie of his tenure But now to the purpose after this viage royall in to Scotlande in whiche the kynge goeth in persone and after the retyre in to Englande agayn a parliament is wont to be sōmoned in which shal be asseised what euery ꝑsone that helde his lande by homage and went not with the kynge neyther by hym selfe nor by his deputye shall paye to his lord in satisfaction of his not seruyng accordynge to the taxacion herof euery tenaunt shall pay to his immediate lorde whether it be the kynge or other after the rate of his tenure yf he holdeth by an hoole fee the hoole escuage yf by a moitie the halfe yf be the fourthe parte of a fee the fourth parte c. and this money thus asseysed is called escuage for whiche the lorde to whom it is due maye very well distreyne But here it is to be noted that some tenauntes by custome are bounde to pay but the moite or the thyrde parte of that whiche shall be asseised by acte of parliament Yea the custome is ī some place that to what sōme so euer escuage is asseised the tenauntꝭ shal pay neuer but such acerteyne sōme of money this esuage is called escuage certayne where as thother is called escuage vncertayne Finally ye shal vnderstand that escuage vncertayne is alwayes a knyghtꝭ seruice and draweth vnto it warde maryage and reliefe but escuage certeyn is no knyghtes seruyce but of the tenure of socage as shall be herafter shewed ¶ Of warde maryage and reliefe ¶ Euery knyghtes seruyce draweth vnto it warde maryage and relife wherfore it is expedient somewhat to entreate of them Ye shall therfore be admonisshed that whan the tenaūt by knightes seruyce dyeih his heyre male beyng within thage of .xxi. yeres the lorde shall haue the warde that is to saye the custodye or kepynge of the landes so holden of him to his owne vse and profyte tyl the heyre cōmeth to the full age of .xxi. yeres ▪ For the lawe presumeth that tyl he cōmeth to this age he is not able to do suche seruice as is of this tenure requyred Furthermore yf suche heyre be vnmaryed at the tyme of the deth of the tenaunt than the lorde shall haue also the warde and the maryage of hym But yf tenaunt by knyghtes seruyce dyeth his heyre female beyng of thage of .xiiij. yeres or aboue thē the lorde shall not haue the warde neyther of the lande ne yet of the bodye of suche an heyre and the reason is because a woman of that age maye haue ā hushande able to do knyghtꝭ seruyce that is to saye to wayte vpon the kynges persone whan he auaunceyth in to Scotlande with his armye royall But yf suche an heyre female be within thage of .xiiij. yeres and not maryed at the tyme of the dethe of her auncestour than the lorde shall haue the warde of the lande holden of hym tyll suche heyre female cōmeth to the age of .xvj. yeres by force of an acte of ꝑliament in the statute of Westm̄ the fyrst Note that there is a great diuersite in the lawe bitwene thages of females of males for the female hathe thus many ages apoynted by the lawe Fyrst at .vij. yeres of age the lorde her father maye distreyne his tenauntes for ayde to mary her Seconde at .ix. yeres of age she is dowable Thyrdly at xij yeres she is able to assent to matrimonye Fourthly at .xiiij. yeres she is able to haue her lande shall be out of warde if she be of this age at the deth of her auncestour Fyfthly at .xvj. yeres she shall be out of warde thoughe at the dethe of her auncestour she was within thage of .xiiij. yeres Sixthly at xxi yeres she is able to make alienacions of her landes or tenementes Where as the man hath but two ages the one at .xiiij. yeres to haue his lande holden ī socage and to assent to matrimonye the other at .xxi. to make alienacions Ye shall vnderstande that by the statute of Merton the sixth

chapitre it is enacted that yf in case the lordes do mary theyr warde to vylaynes or others wheare is a dispargement yf suche heyre so maried be within thage of xiiij yeres or of suche age that the sayd warde can not consente to the maryage Than yf the frendes of this heyre complayne or fele them selues greued with this vnmete maryage the next of kyn to the heire vnto whom the heritage can not descende may entre in to the landes and put out the gardeyne in cheualrye yf the next kyndesman wyll not thus do another kyndesman of the infante maye do it and shall take the issues and profites to the vse of the heyre and shall yelde accomptes therof vnto hym whan he cōmeth to his full age But there be dyuers other dispargementes which be not expressed in the said estatute as if the heyre beynge within age of consente and in warde be maryed to a creple as to one that hath but one fote or one hande or that is a defforme creature or hauynge any horryble disease or contynuall infyrmitye All these and suche lyke be dispargementes But here ye shall vnderstande that it shall be sayd no dispargemente onlesse the heyre be so maryed beynge within the age of discrecyon that is to saye of .xiiij. yeres For yf he be of that age or aboue and consenteth to suche maryage it is no dispargement neyther shall the lorde for suche maryage lose his warde bycause it shall be reputed to the folye of the heyre beynge of age of discrecyon to consent to suche maryage Now yf the gardeyn offre to the heyre beinge in his warde a conuenient maryage without dispargement and the heyre refuseth it as he may very wel do than the lorde shal haue the value of the mariage of suche heyre whan he cōmeth to his full age But yf he mary hym selfe beynge in warde agaynst the wyll of his gardeyne than he shall paye the double value by force of the estatute of Merton before remembred And ye shall note that yf landes holden by knyghts seruice descende to an infante from his mother or from any of his aūcestours his father beynge eytalyue in this case the lord shal not haue the maryage of this heyre for duryng the lyfe of the father the sone shal be in ward to no man Finally it is to be knowen that he whiche is gardeyne in cheualry in ryght may after he hath seased the warde graunt the same yet her by dede or without dede to another and than he to whom suche graunt is made is called gerdeyn in fayte Nowe as touchynge reliefe ye shall knowe that yf a man holdeth his lande by knyghtes seruyce and dyeth his heyre beynge of full age the full age of the male is .xxj. yeres of the female .xiiij. than y● lord of whome the lande is holden shall haue of the heyre reliefe Reliefe of a hole knyghtes fee is C. s̄ and of halfe a knyghtes fee fyftye s̄ c. Also a man may holde landes of a lorde by two knyghtes fees and than the heyre beynge of ful age at the deth of his aūcestour shall pay to his lorde for reliefe .xl. li. ¶ Seruyce of castell garde ¶ Ye shal vnderstande that a man may hold by knyghtes seruyce and yet not holde by escuage nor shall paye no escuage for he maye holde by castell garde that is to saye by seruyce to kepe a towre of his lordꝭ castell or some other place vpon a reasonable warnynge whan his lorde heareth that enemyes wyll come or be come in to Englande This seruice is also knyghtes seruyce and draweth to it warde maryage and reliefe as other knyghtes seruyce dothe ¶ Of graunde sergeauntye ¶ There is also an other kynde of knyghtes seruice called graunde sergeaunty which is where a mā holdeth his landes or tenementꝭ of the kynge by suche seruyce as he oweth in proper persone to do as to beare the banet of our soueraygne lorde the kynge or his spere or to conduct his hoste or to be his marshall or to be the sewar caruer or butler at the feest of the coronacion or to be one of the chābrelaynes of the receypte of his eschequere or to do semblable seruyces to the kynge in proper persone suche maner of seruyce I say is called graund sergeauntye and the cause why it is so called is bycause it is the moost honorable and moost worthye seruyce that is for he that holdeth by escuage is not appointed by his tenure to do any other more specyall seruice thā an other is bounde that holdeth by escuage but he that holdeth by graunde sergeauntye is bounde to do some speciall seruyce to the kynge Also yf he that holdeth of the kynge by graunde sergeauntye dyeth his heyre beynge of full age than the heyre shall pay to the kynge for reliefe not onely C. s̄ as he that holdeth by escuage shall do but the clere annuall value of those landes and tenementes whiche he holdeth of the kynge by graund sergeanty Furthermore ye shall note that in the marches of Scotlande some holde of the kynge by cornage that is to saye by blowynge of an horne to warne the men of the countrey whan they here that the Scottes or theyr enimyes be commynge or be alredye entred in to Englande which seruyce is also graunde sergeauntye Graunde sergaunty is as moche to saye in latyn as magnum seruiciū that is to saye a great or hygh seruyce lyke as petite sergeauntye is called peruū seruitium that is to saye a lytle seruyce But to reuert agayne to the thing yf any tenaunt holdeth of any other lord than of the kynge by suche seruyce of cornage than it is no graūd sergeauntye but yet it is knightes seruyce and draweth to it warde maryage and reliefe for none can holde by graunde sergeauntye but of the kynge Finally ye shal vnderstande that all they whiche holde of the kynge by this seruyce called graunde sergeauntye do holde of the kynge by knyghtese seruyce and the kynge shal haue of them warde mariage and reliefe but escuage he shall not haue of them onelesse they hold by escuage of hym by expresse wordꝭ ¶ Petite sergeaunty ¶ Tenaunt by petite sergeauntye is he that holdeth his lande immediatly of our soueraygne lorde the kynge by this seruyce to pay to the kynge yerely a bowe or a spere a dagger a swerde a payre of gauntlettes a payre of spores of golde shafte or such other smal thingꝭ apꝑteynyng to the warre and this seruyce is in effect but socage bycause that suche a tenaunt is not bounde by his tenure to go ne do any thing in his owne propre ꝑsone touching the warre but onely to rendre and paye yerely certeyn thynges to the kynge as a man oughte to paye a rente wherfore this seruyce of petite sergeaunty is no knyghtes seruyce but yet ye shall note that a man can not holde neyther by petite sergeauntye neyther by graunde sergeaunty but of the kynge