Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	year_n	31,102	5	5.6306	4	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12924	An exposicion of the kinges prerogatiue collected out of the great abridgement of Iustice Fitzherbert and other olde writers of the lawes of Englande by the right woorshipfull sir William Staunford Knight, lately one of the iustices of the Queenes maiesties court of comon pleas: whereunto is annexed the proces to the same prerogatiue appertaining. 1567	Staunford, William, Sir, 1509-1558.; Fitzherbert, Anthony, Sir, 1470-1538. Graunde abridgement.	1567 (1567)	STC 23213; ESTC S117783	123,769	174

of certeine laÌ„ds which in deede are my landes and theschelour by force of that fals office takes the profites in this case I maye disturbe hym without trauersinge thoffice And those cases appeare .4 Edwarde .4 fo 24. 13. Edward .4 fo 8. T. 9. H. 6. fo 20. M. 47. E. 3. fo 26. Then further The woordes of the saide statutes of anno 36. bee that if anye came before the Chanceller and shewe his right whereby it may appere by good euidence that hee hathe an auncient righte and good tytle then the chaunceller shall let the saide landes to the partye that tendeth the trauerse yeldinge to the kinge the value if it bee aiudged for the king in maner as hee and the other Chaunceller haue done before him by theire good discretions so that hee to whome it shal be letten finde suretie to doe no waste or destruccion beefore the trauers bee discussed By the woordes of this statute it shoulde appeare that the Chauncellours before this time by theire discrecions hadde vsed to let the landes to the partie to ferme Quare impedit p. 34. and that is true for the kinge vsed so to doe vppon a peticion whiche was made to his highnes by the order of the common law in steede of a trauerse nowe vsed as appeareth 5. Edward 3. Trauers 12. and therefore I thinke his highnes may do so at this day bothe vpon a peticion and a Monstrance de droit although the statute make no mencion thereof for so it was vsed to doe by order of the common lawe as it appeareth by the booke before And of this matter see the booke .3 Henrye .7 Now is this statut amplified and made plainer in thys point by the statute made in the .8 yeare Henrie .8 the .26 chapter whiche will that no landes or tenementes seysed into the kinges handes vppon enquest taken before eschetours or commissioners bee in anye wise graunted or letten to ferme by the Chaunceller or Tresorer of Englande or anye other the kinges officers till the saide enquestes or verdites bee retourned fullye intoo the Chauncerie or theschequer but all that time shall abide in the kinges handes and by a moneth after the saide retourne if it bee not so that hee or they that feele themselues greeued by the saide enquest or that are put out of theire landes and tenementes come into the chauncerie and offer to trauerse the saide enquestes and to take the saide lande or tenementes to ferme whiche if they doe then the saide Chauncellour Tresorer or other officer shal let them haue them to ferme shewinge good euidence prouing theire trauerse to be true accordinge to the forme of the statute of an .36 E. 3. to holde till the issue vppon the saide trauerse taken bee founde and discussed for the kinge or elles for the partie and also fyndynge sufficient suertie too pursue the saide Trauers with effecte and to render to the kinge the yearely value of the tenementes whereof the trauerse shal bee so taken if it bee discussed for the kinge And if anye Letters patentes of anye landes or tenementes bee made to anye other parson to the contrarie then the same to be void after the moneth Hereuppon is to bee noted that the shewinge of the euydeÌ„ce is onelye rehersed to the lettynge of the landes to ferme not to the trauerse For by this statute hee maye trauerse without shewinge anye euydence but not haue the landes to ferme Also by these Statutes hee is not bounde to noe certeine tyme for takinge of hys trauers but onelye for takinge of the landes to forme for hee maye tende hys trauerse when hee will so hee desire not the ferme of the lands But if hee will haue them to ferme hee must tend his trauers within the moneth as appeareth P. 13. E. 4. fo 8. and nowe by the statute of anno 1. H. 8. ca. 9. hee hath three monethes libertie to doe it Also note the thinges that he must fynde suertie for that is to say to sue with effecte to paye the rent after the trauers bee discussed and to doe no waste or destruccion In this woorde rent is emplyed all the arrerages of the rent that shall encurre meane betwene the takynge of the ferme and the discussinge of the trauerse and yet it is not so expressed Also the lease that is made to hym that tendes the trauerse is not of anye terme certeine but onelye by these woordes Donec discussum fuerit for the woordes of the statute bee so and therefore as soone as the trauerse is founde againste him that tendeth it by and by the lease hee hadde in the landes by force of the Statute is voide as apperethe in .4 Edwarde the .4 folio .29 wythout anye further proces Howbeit forasmuche as the woordes bee to holde till the issue vppon the saide trauers taken bee founde and discussed for the kinge or for the partie I woulde learne if the partye bee nonsute vppon hys trauerse or that the trauerse bee aiudged againste him vppon a demurrer in lawe whether the lese shoulde bee voide or not like as it shal bee vppon the issue founde And it seemes it shal bee by the woordes comprised in the saide statute of anno 36. Edwarde .3 But not by any words comprised in the saide statute of an .8 H. 6. For the wordes bee tanque il soit aiudge and therewih agreeth the booke in 4. H. 6. fo 12. Also note that before this statute of anno .8 H. 6. the kynge did vse to graunte the custodye bothe of the landes and body to anye other to whome hee woulde after office and beefore anye trauers tended and this graunt was good because it was not then restrained by any statute Howbeit vppon the trauers tended a Scire facias shoulde haue beene awarded against the patentee comprehendinge in the same all the trauerse And if he had beene retourned warned and came not his patent had ben voide eo facto as appeareth in the saide booke of .4 Henrye .6 at least wise for the landes and yet there was then no estatute that made them voide quod nota And then by and by they shoulde haue beene letten to ferme to him that hadde tended the trauerse But nowe whether since the makinge of the saide statute of an .8 Henry the .6 fo 17. a Scire facias shal bee awarded against the Patentee vppon a Trauers lerne for the saide statute makes suche letters patentes voide for the graunt of the landes but not so for the bodye and therefore it seemes a Scire facias shal bee still awarded and the graunt also of the saide landes is not voide till after the moneth H. 8 H 6. 17. 5. E. 4. .3 .5 M. 14. E. 4. 1 And nowe by the saide statute of anno .1 Henry .8 not till after three monethes and so it shoulde seeme by the booke of .5 and .14 Edwarde .4 and 8. Henry 6. that a Scire facias shal bee awarded at

titles as be in the great abrigement of Iustice Fitzherbert were by the Iudges or some other learned men labored studied that is to say euery title by it selfe by speciall diuisions digested orderd and disposed in suche sort as that all the iudiciall actes and cases in the same might be brought appere vnder certeine principles rules and groundes of the saide lawes As for example vnder the title of Briefe might come these titles Fourm Misnaming of the persoÌ„ Mysnaming of the town One thing twise demaunded death of the plaintifes side death of the defendauntes syde chaunginge of the name of the pleintife or defendaunt hanginge the sute with manye suche other lyke which nowe as thinges scatered abroade and out of orderlye hidden wythin the saide longe tytle that it requires muche more learninge paynes and Studye well to order and dispose the matter in the same then after order made to learne and beare it awaye And yet surelye there cannot bee to muche praise and commendacion geuen vnto that greate learned man the Auctour of the saide great abbridgement which by his greate learninge exact iudgement and intollerable paynes brought suche an infinite nomber of volumes to the readynge whereof A mans lyfe woulde scant haue suffised to a muche more lesse and narower coÌ„passe whereupon nowe these learned men wyth lesse paynes might compile the thing that should be so easy so profitable and fruitfull to the studentes thereof that in halfe those yeares they now lye sleping in they might come to a ryper and more certeine knowledge and better iudgement For which cause I haue drawen as it were a patern of the thinge I so muche desire takinge vppon mee such tytles as appertaine vnto the kinges prerogatiue not as one in anye parte woorthy to treat of a thynge so high preciouse as that is or in learnynge sufficient or hable therunto for of myne owne here is nothinge more then onelye a colleccion and disposition of that that is alreadye contayned in the saide tytles but rather because I haue alwayes meant this my deuyse vnto you which I coulde not doe or practise so well vppon anye tytle as vppon this that appertayneth vnto your office of Attourneyshippe of the wardes and liueries partly for that I knowe your selfe to haue obserued the like order in your owne Study whiche in fewe yeres hath gotten you aboue other the greate learnynge you haue partlye also for that I couet your Iudgement in these matters wherewith you be daylye in vre and exersised knowinge that I haue to doe herein with one so muche my frynde that if there be any thinge worthie the readinge he will take it thankfullye and if not so well yet will hee take it in good part the rest that is amisse he wil beare it with me This therefore what soeuer it bee I dedicate vnto you read it peruse it and make of it what you will Fare you well from Greis Inne the sixt of Nouember Anno. 1548. Â¶ Prerogatiua regis edita Anno. 17. E. 2. Cha. 1. DOminus Rex habebit custodiam omnium terrarum eorum qui de ipso tenent in capite per seruiciuÌ„ militare de quibus ipsi tenentes fuerunt seisiti in dominico suo vt de feodo die quo obierunt de quocunque tenuerint per huiusmodi seruitium dum tamen ipsi tenuerunt de rege aliquod tenementum ab antiquo de corona vsque ad legittimam aetatem heredis Exceptis feodis Archiepiscopi Cantuariensis Episcopi dunolmÌ„ inter Tine et Tese feodis ComÌ„ et Baronum de marchia de terris in marchia vbi breuia domini regis non currunt Et vnde predict ' archiepiscopus epÌ„us ComÌ„ et BaronÌ„ habeant huiusmodi custodiaÌ„ licet alibi tenuerunt de Rege Prerogatiua is as muche to saye as a priuilege or preeminence that any person hath before another whiche as it is tollerable in some so it is most to be permitied and allowed in a prince or soueraine gouernor of a realme For besydes that that he is the most excellentest worthiest parte or meÌ„ber of the comon body of the welth so is he also through his good gouernaunce the preseruer nourisher and defender of all the people beeing the rest of the same bodye And by his great trauailes studie and labours they enioy not onlye their lifes landes and goodes but all that euer they haue besides in rest peace and quietnes as Seneca sayethe Seneca de consolat ad Polibium Omnium domos illius vigilia defendit omnium ocium illius labor omnium delicias illius industria omnium vacationem illius occupatio For which cause the lawes do attribute vnto him all honour dignitie prerogatiue and preeminence which prerogatiue doth not onely extend to his own persoÌ„ but also to all other his possessions goods and cattals As that his person shal be subiect to no mans suite his possessions cannot be taken from him by anye violence or wrongfull disseisin his goods cattals are vnder no tribute tolle nor custome nor otherwise distreinable with an infinite nomber of prerogatifes more whiche were to tedious here to recite Howbeit forsomuch as in euery realme the kinges prerogatifes are no small parte and portion of the profites and commodities of the Corone of the same namelye within this realme of Englande it hath bene thought good heretofore to declare and setfurth in writing certeine of the most highest and weightiest matters and articles touching the said prerogatifes And hereupon was there a declaracion made in writing by auctoritie of parliament holden in the .17 yere of the raigne of kinge Edw. the .2 the beginning wherof is in maner and fourme as is aboue written Howbeit this parlament maketh no part of the kinges prerogatife but long time before it had his being by thorder of the commen law as plainlye may appeare by them that haue written before the making of the saide statute of prerogatife Glanu li. 70 For Glanuill who was chiefe Iustice in kynge Henry the .2 daies writing of this matter saith in thys wise Notandum quod si quis in Capite de dnÌ„o rege tenere debet tunc eius custodia ad dominum regem plene pertinet siue alios dnÌ„os habere debet heres fiue non quia dominus rex nul lum habere potest parem multo minus superiorem Bracton li. 1 de custod ' et marit ' dominorum Also Bracton whiche wrote in the time of the latter raigne of king Henry the .3 saieth Si aliquis heres terram aliquam tenuerit de domino rege in capite siue alios dominos habuerit siue non dominus rex aliis prefertur in custodia heredis siue ipse ab aliis prius feoffatus fuerit vel posterius cum rex parem non habet in regno suo Both these wryters doe not onely agree in euery point but also geue a reason why the kinge shoulde haue the prerogatiue conteined in this

Selected quad for the lemma: england_n

Text snippets containing the quad