Selected quad for the lemma: death_n
Text snippets containing the quad
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
A22779
|
The principal lawes customes and estatutes of England which be at this present day in vre [sic] compendiously gathered togither for y[e] weale and benefit of the Kinges Maiesties most louing subiect[s] : newely recognized and augmented.
|
Taverner, Richard, 1505?-1575.
|
1540
(1540)
|
STC 9290.5; ESTC S123569
|
54,193
|
204
|
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌt to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌdes or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ King by knightes seruice and other landes and tenemeÌtes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌg of yâ king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ by knightes seruice or as moch of either of them as shal amouÌt to the ful yearly value of two partes and also al his landes and tenemeÌtes so holdeÌ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌtes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌtes as with that of the same hereditameÌtes remayning in his haÌdes shal make vp the clere yearly value of the thirde parte of the said laÌdes and tenementes so to be had to him in title of wardship and primer seasoÌ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌg only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ making herof And fines for alienatioÌs shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâe or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ two partes of the said landes or tenementes seuered froÌ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌtes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ none age of the kinges wardes ⧠Of mariagies inacted aÌ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌs as by this act we declare al persoÌs to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌdyng any precontract of matrimony not coÌsuÌmate with bodily knowlege whiche either of yâ persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌmate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ priuilegio ad imprimendum solum
it nor of any parcel therof ye be without remedy by course of the comoÌ law for ye can not distreyne for it nor yet bryng your wrytte of an nuitie but if ye were ones seised of it or of parcel therof and it is estsones behinde then youre remedie shall be this Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng and there demaunde the arreragies of the rent whiche if the tenaÌt denye to paye this denyal is a disseisin of the rent Also if the tenaunt be not then ready to pay it this counter uayleth a denyal which is a disseisin Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent when ye demaund the arreragies this also is a denyall in the law and is in very dede a disseisin And of these disseisinê ye may haue an assise of nouell disseisin against the tenaunt and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee And if after suche recouery and execution had the rente be agayne at an other tyme denyed you then ye may haue a redisseisin and shal recouer your double dammagies c. It shal be therfore good wisdome for a man when a rent is grauÌted by any persone vnto him to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent and then if at the next day of paiment the rent be denyed him he may haue an Assise of nouel disseisin And ye shall note yâ there be thre causes of disseisin of rent seruice that is to wete rescouse repleuin incloser Rescouse is when the lorde vpon the lande holden of him distreyneth for his rent behynde and the distresse is rescued from him or if yâ lord come vpon the land and wyl distreine and the tenant or any other man for hym wyl not suffre him this is called Rescouse Repleuin is when the lorde hath distreyned repleuin is made of the distresse by wryt or by playnt Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent that is to wete by distresse And there be iiiij causes of disseisin of a rent charge the is to wete rescous repleuin encloser and denyer For denyer or denyal is aswell a disseisine of a rente charge as it is of a rent secke Finally ye shal vnderstande that there be two causes of disseisin of a rent secke that is denyall enâloset And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid that is to wete this when the lorde commeth to the lande holden of him or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd and the tenant hearing this encountreth him and forstalleth him the weye wyth force and armes and manaceth him in such sort as he dare not come to yâ ground for to distreine for his rent behynd for feare of death or of mutilatioÌ of his membres this is a disseisin bicause the partie is disturbed of his mean lawful remedy wherby he ought to come to his rent Finally ye shall obserue marke that by an act of parliament made in the xxxij yeare of oure soueraygne lorde king Henry the eight it is lawful for the executours and administratoures of tenantes in fe simple tenantes in fee tayle and tenantes for terme of lyfe of rent seruices reÌt charges rent seckes and of fee fermes for the arreragies of suche reÌtes as were due vnto theyr testatoures in their liues either to distrayne for the same or at their election to brynge an action of dette sauyng in such lordshipes in Wales or in the marches therof where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due vnpayd in her lyfe Likewise it is of him that hath a rent for terme of an other mans lyfe if he for terme of whose lyfe he hath the rent dyeth yet by vertue of yâ sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had yâ rent How Auowries ought to be made of rentes and seruices inacted aÌ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes customes and seruices and repleuin therof be sued the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same laÌdes as within his fee and scignorye aledging in the sayd auowry conysance or iustification the same landes to be holden of hym wythout namyng any person certayne to be tenante of the same and wythout making any auowrye iustification or conisaunce vpon any persone certayne And lykewyse vpon euery wrytte sued of seconde delyuerance And they that make any such auowrye iustification or conisaunce if yâ same avowrye conysaunce or iustificatioÌ be fouÌd for them or the playntyffe be nonâuââ or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê shal haue lyke plees lyke aide prayers plees of disclaymer onely except as they myghte haue had before the makyng of this acte Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce as well without processe as by processe shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe and haue lyke plees and lyke auauntages in all thinges disclaymer onely excepte as they myght haue by the comen law before thys acte ¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours made aÌ 32. Hen. 8. IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges