Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	blood_n	body_n	lord_n	7,994	5	4.1792	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87531	Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings.	Jenkins, David, 1582-1663.	1657 (1657)	Wing J597; Thomason E1672_2; ESTC R202614	51,715	145

addition of the penal Statutes as an Appendix in the close of the Book and proceed to the Court-Baron Now because the Court-Baron is always an adjacent Neighbor if not a Companion with the Court-Leet I shall successively give you the form and watters of charge to be enquired and punished there The Court-Baron holds Plea of all personal actions and trespasses made within the Mannor where the Tenants are and ought to have Justice at home and not to be at the charge of a Sute at Westminster for every petty action where sometimes the damage is not three pence 20 l. is spent in deciding the Controversie This Court ought to be kept every three weeks and to that intent the Lord receives Rents and Services of his Tenants to do them Justice and some hold their Lands onely by this service of doing Sute of Court and these Suiters are the Judges of the Court though I believe few Lord● know a reason why they receive their Quit-Rents and few Tenants wherefore they pay it by which means the due keeping of these Courts is in many nay most places neglected to the great injury of the people But a remedy they may have against the Lord for the non-usage or abuse thereof which shall here following be declared but to proceed First enter the Stile of the Court which is after this manner Holsh●t ss The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord 1656. When the Stile of the Court is entred call the Suiters and Tenants entring their appearances and defaults then make Proclamation That if any one will be essoyned or enter any plaint they may come in and be heard After the Essoyns and Plaints and Pleas be entred then impanel the Jury and swear them The Oath is after the same manner as the Leet on●y leaving our these words The Council for the Protector c. Then after silence made proceed to give in charge these Articles ensuing First the Jury is to enquire of the Suiters which owe any Sute to this Court whether they do attend the Court or no and present the Defaulters Secondly Enquire whether any Tenant be dead since the last Court or before whose death is not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Freehold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice thereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Ienements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plowup any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and fell any such Timber this is waste Also Copy holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquite also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in

which if any be enter them in the Court-Roll and afterwards proceed to impanne● and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insert the method thereof thus The form of the Oath to the Fore man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistra●e as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all ●hings you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punish●ble there and the other such offe●ces as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmities so also is the Politick and must be purged the one by the Physitian the other by the Magistrate As in the natural body some diseases are mortal striking at the head thereof some cannot be cured but by Blood-letting others so malignantly Gangreous as the whole member must be cut off to preserve the sound part so in the body Politick there are some mortal diseases striking at the head as Treasons and Petty-treasons as shall now be declared some deadly wounding the members as Murders Manslaughters c. some gangrenging as Robberies F●lonios Bu●glaries and the like as follow Orderly then to escape confusion we shal declare what offences are here at this Court-Leet enquirable and presentable and not here punishable but are by the Steward to be certified to the next Assize or Sessions of the County and then what offences are here to be presented punished and determined The first of all presentable here are High-treasons and Petty-treasons which are diseases striking at the head and thereby if effected to destroy the whole body Presentment therfore is here to be made of all High and Petty Treasons which together with some other crimes incurable but by taking off the peccant member are to be set down in writing intended one part whereof is to remain with the Steward and the other with the Jury and is to be delivered to the Justices of Assize at the next general goal delivery holden for the County Stamford Pl. Coron lib. 2. cap. 24 and Lambert Justice of Peace lib. 4. cap. 6. The Jury therefore is to enquire of all High-treasons that is if any do compass imagine intend or go about to procure the death of the Lord Protector and do declare the same by word writing or any open act or shall go about to make war against the said Lord Protector and this Commonwealth or shall adhere to or hold intelligence with any of the Enemies of this Commonwealth This is High-treason If any person shall counterfeit clip file wash or otherwise counterfeit or falsifie any of the Coyn or Money of this Commonwealth or the Coyn of any other Nation which is currant in this Common-wealth this is High-treason and enquirable here If any shall counterfeit the Privy Seal Signet or Signe Manual of the Lord Protector the great Seal of England or any of the mean Seals of the Common Pleas Upper Bench or Exchequer These are High-treasons and to be enquired of here as Felonies Petty-treasons are if any man kill his Master or Mistress or a woman her husband this is to be enquired of here as Felony In the next place follows an unnatural wicked Crime to be enquired of and that is Murder If any one shall out of malice prepensed or fore-thought kill another this is wilful Murther Man-slaughter is also a species of Murder and here to be enquired of which is if two persons fall out suddenly without any prepensed malice and fight and the one kill the other the Defendant in this case shall have the book for his life but loseth his goods as in the case of Murder so shall also the Defendant lose his goods which kills another se defendendo or in his own defence and the same Law is if it be per infortunium by mis-fortune and this is here to be enquired of as Bloodshed Rape is also here to be enquired of that is if any man lie with or carnally know any woman forcibly against her will if she exceed the age of ten years although she consent afterwards this is Felony by the Statute 22 Edw. 4. And if there be any ayders or assisters therin they are also adjudged Ravishers as well as he that committed the act Carnally to know any woman child under the age of ten years though she do consent it is Felony But in Rape there must be Rem in re penetration as well as emissiô seminis otherwise it is no Felony A Jury ought to be very Carefull herein and not find a bill upon any Sluts oath Adultery is also to be enpuired of as Felony If any man carnally know anothers wife and it be proved either by confession or two witnesses it is Felony but the confession of one party is no evidence against the other nor a husband against his wife nor a wife against her husband The horrendum peccatum non nominandum of man with man or with beast is also Felony Defacing of a mans Physiognomy as cutting off his nose putting out of eyes or cutting out of a mans tongue is Felony Robbery is also here to be enquired of that is if any one take any thing from the person of another violently though it be but the value of a penny it is Felony