Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	plaintiff_n	verdict_n	1,799	5	10.9019	5	false

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

sue any accyon in the QuÃ©ens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hÃ©e hath made agrÃ©ement wyth the Church for the contempt and wronge and when hÃ©e is iustified and hath made grÃ©ement then the bishop shal send his letters to y â— QuÃ©ene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a dÃ©ede indented or without dÃ©ede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fÃ©e fÃ©e tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fÃ©e in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bÃ©e equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bÃ©e by dÃ©ede And it bÃ©ehoueth alway that these woordes exchaunge bÃ©e in the deede or els nothing passeth by the dÃ©ede except that hÃ©e haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hÃ©e hath executyon and if the plÃ©e be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hÃ©e hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hÃ©e that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hÃ©e haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hÃ©e hath such estate in the lande as hÃ©e hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbÃ©e extinct it behoueth that the lande and the rent bÃ©e in one hande and also that the estate that hee hath bÃ©e not defesible and that hÃ©e haue as good estate in the lande as in the rent for yf hÃ©e haue estate in the lande but for terme of lyfe or yeares and hath a fÃ©e simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bÃ©e Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bÃ©e any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fÃ©e for executyon of hys sayde office or otherwyse and is no other thynge in dÃ©ede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swÃ©ete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agrÃ©ement of the partye whose dÃ©ede it is to the thing contayned in the dÃ©ede as a dÃ©ed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— dÃ©ede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffÃ©e shal haue the land And note that al dÃ©edes are either indeÌ„ted wherof there bÃ©e two thrÃ©e or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrÃ©e graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffÃ©e grauntÃ©e or lessÃ©e hath c. And euery deede consisteth of thrÃ©e pryncipal points and if those thrÃ©e be not ioyned together it is noe perfect dÃ©ed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the dÃ©ed

dyd nothinge for it by meanes whereof hospitalyty decaied in the place where it ought to haue beÌ„ chefelye mayntained namelye in the parishe where the benefice was and where the profites dyd growe so it continueth to this day to y â— great hinderance of lerninge y â— empouerishmeÌ„t of y â— ministery y â— infamy of y â— gospel professor therof Approouement APprouemeÌ„t is wher a man hath common in the lords wast grouÌ„d and the Lorde encloseth part of the wast for himselfe leapinge neuer the lesse sufficient comon w t egresse regresse for the coÌ„moners This enclosinge is called approouement Arbiterment ARbiterment is an awarde determination or iudgement which one or moe maketh at the request of ij parties at the least for vpoÌ„ some det trespas or other controuersie had betwÃ©ene the sayed parties And this is called in latin Arbitratus and arbitrium and they that make y e award or arbiterment are called Arbitri in english Arbitrators Arest ARest is when one is taken and resirayned from his libertye none shal be arrested for debt trespas detinue or other cause of action but by vertue of precepte or coÌ„maundemeÌ„t out of some court But for treason felony or breaking of the peace euery maÌ„ hath aucthority to arest without warrant or precept and wher one shal be arrested for felony it behooueth y â— there hath bene some felony done and that he be suspected of y e same felonye or otherwise hÃ©e may haue against hym that soe did arest him a writte of false imprisonment Arrerages ARrerages are duities behinde vnpayed after the dayes and tymes in which they were due and ought to haue ben payed whether they be reÌ„t of a maner orany other thing reserued Assets ASsets is in ij sortes the one called Assets per discent the other Assets enter maynes Assets per discent is where a man is bound in an obligation and dieth seised of laÌ„ds in fÃ©e simple which discend to his heire but maketh no executors or if he make executors leaueth not sufficient goods to discharge this obligation theÌ„ this land shal be called assets that is to say enough or sufficient to pay the same det and by that meanes the heire shal bee charged as farre as the lande soe to hym dyscended wyll stretch But if he haue aliened before the obligation be put in suite hÃ©e is discharged Also when a man seysed of laÌ„ds in taile or in y e right of his wife alieneth the same witt warrantie and hath in value as much land in fÃ©e simple which discendeth to hys heire who is also heire in taile or heire to y e woman Nowe if the heire after the discease of his auncestour bring a writ of formedon or sur Cui in vita for the lande so aliened then hÃ©e shalbÃ©e barred by reason of the warranty y e land so disceÌ„ded which is as much in value as that that was sold so thereby hÃ©e hath receiued noe preiudice therefore this land is called Assets per disceÌ„t Assets ent ' mains is wheÌ„ a man indebted as before is said maketh executors leaueth to theÌ„ sufficient to pay or some coÌ„moditie or profit is coeÌ„ to theÌ„ in right of their testator this is said asâ—â—ts iÌ„ their haÌ„ds Assignee ASsignee is he to whoÌ„ a thing is appointed or assigned to be occupyed paied or don and is alwaies such a persoÌ„ which occupieth or hath y â— thing so assigned in his owne right for him selfe And of assignÃ©es there bÃ©e ii sorts NaÌ„ely assignee in dÃ©ed and assignÃ©e in law AssignÃ©e in dÃ©ed is when a leas is grauÌ„ted to a maÌ„ to his assignÃ©es or with out those words assignÃ©es y â— grantee giueth grauÌ„teth or felleth the same leas to an other he is his assignÃ©e in dÃ©ede AssignÃ©e in law is euery executor named by y â— testator iÌ„ his testameÌ„t as if a leas be made to a maÌ„ to his assignÃ©es as is aforesaid he maketh his executours dieth w tout assignemeÌ„t of the leas to any other nowe y e executors shal haue y e saÌ„e leas because they are his assignÃ©es in law so it is in diuers other like cases Attainder ATtainder is a coÌ„uiction of any person of a cryme or fault whereof he was not coÌ„uiet before as if a man haue coÌ„mitted felony Treason or such like therof is endited arraigned fouÌ„d giltie hath iudgment then he is said to be attainted And this may be ii ways the one vpon apparance the other vpon default The attainder vppon apparance is by confession Battaile or verdict The attainder vppon default is by processe Auerment AUerment is where a man pleadeth a plÃ©e in abatement of the writ or barre of the accion which hÃ©e sayth hÃ©e is ready to proue as the court wil award this offer to proue his plÃ©e is called an auerment Auerpeny AUerpeny that is to bÃ©e quite of diuers suÌ„mes of money for the kinges auerages Auncien demesne AUncien demesne are certein tenures holden of those mannours that were in the haÌ„ds of saint Edward the confessour and the which hÃ©e made to be written in a booke called Domes day subtitulo regis and all the lands holden of the sayd manours be auncien demesne and the tenaunts shal not be impleded out of the said manor and if they bÃ©e they may shew the matter and abate the writte but if they aunswere to the writte and iudgment be geuen then the lands become franke see for euer Also the tenauntes in auncien demesne be free of tolle for al things coÌ„cerning their sustenaÌ„ce husbandry in auncien demesne for such lands they shall not be put or impaneled vpoÌ„ any enquest But all the lands in auncieÌ„ demesne that are in the Kynges hands be franke fÃ©e and pledable at the common lawe See more after in the title Sokmanes Auowry AUowry is where one taketh a distresse for rent or other thing the other sueth a repleuin theÌ„ he y t hath takeÌ„ it shal iustify in his plee for what cause he tooke it and so auowe the taking and y t is called his auowry Baile BAile is when a man is taken or arrested for felony suspicion of felony endited of felony or any such case so that hÃ©e is restrained of his libertie And beinge by lawe baileable offreth suerty to those that haue aucthoritie to baile him which suerties are bounde for him to the QuÃ©enes vse in a certeine suÌ„me of money or body for body y t he shall appere before the Justices of gaole deliuery at y â— next sessioÌ„ c. TheÌ„ vpon the bonds of these suerties as is aforesayd he is bailed that is to say set at libertie vntyll the day appointed for his apparance Bailement BAilement is a deliuery of things whether it be of writings goods or stuffe to an other some times to be redeliuered backe to y â— bailor y t is to say to him y t so deliuered it

it should come in y â— sence as wÃ©e there take it For accordinge to the proper significatioÌ„ mulier is a defiled woman like as it is vsed by vlpianus in a certen place after this sort if I thought that I had bought a virgin when it was a defiled woman the bargayne was not good Hereby you may sÃ©e y t multer is a woman that hath had y e company of a man But to leaue the right signification Mulier is taken in our law for one that is lawfully begotten and borne and is alwayes vsed in comparison with a bastarde onely to shewe a difference betwene theÌ„ as thus for example A man hath a sonne by a woman before mariage that issue is called a bastard and vnlawful And after they entermary and haue an other sonne this second sonne is called mulier that is to say lawfull and shalbÃ©e heire to hys father but that other cannot bÃ©e heire to any manne because it is not knowen nor certen in the iudgement of the lawe who was hys father and for that cause is sayd to bÃ©e no mannes sonne or y e sonne of the people and so wythout father according to this old verse To whom the people father is to him is father none and all To whom the people father is wel fatherlesse wÃ©e may him cal And alwaies you shal find this addition to theÌ„ bastard eldest mulier yongest when they bÃ©e compared together Murder MUrder is a wilful killinge of a man vppon malice forethought and seemeth to comeof the Saxon woord Mordren which so signifieth And Mordridus is the murderer euen vntil this day amonge them in Sexonie from whence wÃ©e haue most of our words as hath byn often said Negatiua preignans NEgatiua preignans is when an action or information or such like is brought against one and the defendant pleadeth in barre of the actyon or otherwyse a negatiue plea whych is not soe specyall an answere to the actyon but that it includeth also an affirmatiue As for example if hÃ©e in reuersion enter vppon tenant for life supposinge that hÃ©e hath aliened in fee which is a forfaiture of hys estate and the tenaunt for life saith that hÃ©e hath not aliened in fÃ©e this is a negatyue wherein is included an affirmatiue for although it bÃ©e true that he haue not aliened in fÃ©e yet it may bÃ©e that hÃ©e hath made an estate in tayle whych is also a forfayture and then the entry of hym in the reuersion is lawefull c. Also in a Quare impedit the QuÃ©ene makes tytle to present to a Prebende for that the Temporaltyes of the Bishoprick were in her haÌ„ds by the death of W. late Bishop c. The defendant saith that it was not voyd being the temporalties in the QuÃ©ens handes by the death of W. this is a negatiue preignans for it may bÃ©e in the QuÃ©enes haÌ„ds otherwyse then by the death of W. and it suffiseth the QuÃ©ene if it bÃ©e in her handes by any meanes c. Soe it is where an Information was brought in the Cheker against John Stile for that he bought wooll beetwÃ©ene shering time and the Assumptyon such a yeare of John N. The defendaunt sayth that hÃ©e dyd not buy any of John N. as it is alledged c. this is called a negatiue preignans for if he bought it of any other yet hÃ©e is culpable for the buyinge Niefe NIefe is a womaÌ„ that is bonde or a vyllen woman but if shÃ©e mary a frÃ©e manne shee is thereby made frÃ©e for euer although y t her husbande die and she suruiue hym because that shÃ©e and her husband are but one person in lawe and shÃ©e ought to bÃ©e of the same nature and condytion in law to al intents that her husband is But her husband is frÃ©e to all intentes without any condityon in lawe or otherwise and so by consequens the wife ought to bÃ©e and is frÃ©e according to y â— nature of her frÃ©e husband then if she were once frÃ©e and clerely discharged of boÌ„dage to al entents she caÌ„not be niefe after w tout especial act done by her as diuorce or coÌ„fessioÌ„ in court of Record and that is in fauour of liberty therefore a frÃ©e woman shal not be bounde by taking of a villeÌ„ to her husband But their issue shal bÃ©e villens as their father was which is contrary to the Ciuile lawe for there it is said y â— birth followeth the belly BoÌ„dage or villenage had beginninge amonge y â— Hebrewes his original proceding of Canaan y â— soÌ„ne of Cham who because that hÃ©e had mocked his father Noe to scorne lying desolutly wheÌ„ he was drunke was punished in his sonne Chanaan w t penalty of bondage Nihil dicit NIhil dicit is when an action is brought against a man the defeÌ„dant appÃ©eres the plaintife declares the defendant wil not aunswere or pleades to the action doth not maintaine hys plea but makes defaut nowe vpon this defaut he shal be condemned because he saith nothing Nomination NOmination is where one may in right of his maner or otherwise nominate and appoint a worthy clarke or man to a personage vicarage or such like spiritual promotion Nonabilitie NOnabylitye is where an action is broughte against one and the defendaunt saieth that the playntife is not able to sue any action and demaundeth iudgement if hÃ©e shal bee aunswered There are vj. causes of nonability in the pleintife as if he bÃ©e an outlawe or an alien borne but that dysabilitye is in actioÌ„s reales and mixt onely and not in actyons personalles except hee be an alien enemye or condempned in premunire or professed in religion that is to saye the Roomish religion or accursed or a villen and sueth hys Lorde but this last is noe ple for an other y â— is not lord to the villen Bare or naked Contract BAre Contract or naked promise is where a manne bargaineth or selleth his laÌ„ds or goods or promiseth to geue to one money or a horse or to builde a house or doe such a thinge at such a daye and there is no recompence appoynted to him for the doinge therof As if one saye to an other I sel or geue to you al my landes or goodes and there is nothing appoynted assigned or agrÃ©ed vppon what the other shal giue or pay for it so y t there is not one thinge for an other this is a naked contract and voyde in lawe for not perfourmaunce thereof noe action lyeth for of a naked coÌ„tract commeth noe action Oredelfe O Redelfe is where one claimes to haue y â— ore that is founde in his soile or ground Outfanthefe OUtfangthiefe that is y â— theues orfeloÌ„s of your laÌ„d or fÃ©e out of your laÌ„d or fÃ©e taken w t felony or a stealing shal be brought backe to your court and there iudged Owelte OWelte is when there is Lorde mesne tenant and y e tenaunt holdeth of the mesne by the same seruices that the meane

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