Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	die_v	marry_v	20,315	5	9.6582	5	false

Text snippets containing the quad

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

right to present is called patron Age prier AGe prier is whē an accion is brought against an infant of lands that hee hath by discent there he shal shewe the matter to the court shall pray that the action shal abide til his ful age of one and twenty yeres and so by awarde of the court the suit shal surcesse But in a writte of Dower in Assise also in such actions where the infāt cōmeth in of his own wrōg he shal not haue his age Also note well y ● there be many diuersities of ages for y ● Lord shal haue ayde of his tenant in socage for to marye hys doughter when y ● doughter of the lord is of thage of vii yeres and also aide for to make his sonne heire knight when hée is of the age of seuen yeres Also a womā which is maryed at the age of ix yeres yf her husband die seysed shal haue dower not before nine yeres Also xiiij yeres is y ● age of a womā y ● she shal not be in ward if she were of such age at y ● time of the death of her aūcester but if she were w tin y ● age of xiiii yeares and in ward of y e lord thē she shal be in ward til y ● age of 16. yers also xxj yeres is the age of y ● heire male to ●ée in warde and after y ● out of warde also it is y ● age of male and female to sue to be sued of lands which they haue or clayme by discent to make al maner of contractes bargaines and not before But if such an infaunt w t the age of xxj yeres geue his goods the donee take them hee may haue an action of trespas but otherwise it is if hee delyuer them him selfe Agreement A Gréemēt is after this sorte defined or expoūded in master Plowdēs Comētaries Aggreamentū is a worde compounded of two wordes namely of Aggregatio and Mentium that is to say agremēt of minds so that agréement is a consente of myndes in some thinge done or to bee done and by drawinge together of the ij words Aggregatio mētiū by the hasty short pronouncing of thē they be made one woorde to wit Aggreamēt ' which is no other thing then a ioining putting cuppling knitting together of ij or moe mindes in any thinge done or to bée don Sée after in Testament And this agréement is in iij. maners The j. is an agrement executed al ready at y ● beginning The second is an agreement after an act done by an other and is an agreement executed also The third is an agremēt executorie or to be don in time yet to come The first which is an agreement executed already at y ● beginning is such wher of mencion is made in y ● stat of 25. E. 3. cap. 3. of clothes in y ● iiij statute which saith that y ● goods things bought by forestallers beinge therof attainted shalbée forfait to the Queene if the huyer haue therfore made gree with the seller in which case this woorde Gree which is otherwise called agrement shal be vnderstood agremēt executed y ● is paiment for y ● things The secōdmaner of agrement is where one doth a thing or act and an other agrees or assentes thereto afterward as if one doe a disseisin to my vse and after I agree to it nowe I shal be a disseisour from the beginning such agréement is an agréemēt after an act don The iij. agremēt is whē both parties at one tyme are agreed that such a thing shal be done in time to come and this agréement is executory in as much as the thing shal be done after and yet there their ●●indes agreed at one tyms but because the perfourmance shal be afterwarde and so the thinge vppon which the agreemēt was made remaynes to be done y ● agréemēt shal be said executory And y ● the statute of 26. H. 8. cap. 3. doth prooue where it saith that euery vicar person such like c. before their actual possession or medling w t the profits of their benifice shal satisfie content c. or agree to pay to the vse of the Quéene the first fruits c. and if any such person vicar c. enter in actual possessiō c. this agrement is to be vnderstoode executory as y ● cōmon vse prooues for it is vsed y ● he w t one or ij w t him doe make two or thrée obligations for it to bée payed at certeine dayes after And this agréement executorye is denided in ij pointes One is an agréement executory which is certein at the beginninge as is sayed laste béefore of the first fruits The other is where y ● certentye doth not appeare at the first and y ● parties are agréed y ● the thinge shal be performed or payed vppon the certenty knowen As if one sell to an other al hys wheat in such a tasse in his barne ●nthreshed it is agréed betwene thē y ● he shal pay for euery bushel xij d. when it is threshed cleaned measured Aide AIde is when tenaunt for terme of life tenāt in dower tenant by curtesie or tenant in tayle after possibilitie of issue extinct is impleded then for that y ● they haue noe estate but for terme of lyfe they shal pray in aid of him in the reuersion proces shalbée made by writ against him to cōe and plede with the tenāt in the defence of the land if he wil but it behoueth that they agree in plee for if they vary the plée of the tenāt shal be taken and then the aide prayer is voide but if hee come not at the second writte then the tenant shal aunswere sole Also tenaunt for terme of yeares tenaunt at wil tenaunt by Elegit and tenaunt by statute merchaunt shall haue aide of him in the reuersion theseruant and baylie of their mayster when they haue done any thing lawfully in the right of their maister shal haue aide Ayde of the Kynge is in lyke case as it is sayed béefore of a common personne and also in manye other cases where the king may haue losse although that the tenaunt be tenaunt in fee simple hée shal haue aide as if a rent bée demaunded against the kynges tenant which holdeth in chiefe he shall haue aide and so hée shall not haue of a common person Also where a Citie or borough hath a fee ferme of the kinge any thinge bée demaunded agaynst them which béelongeth to the fée ferme they shal haue ayde for the losse of the king Also a man shall haue ayde of the kynge in the stéede of voucher Also the kynges Bailife the collector and purueyour shall haue ayde of the kinge as well as the officers of other persons Alien ALien is he whose father him selfe were both borne out of the Quéenes legeance and if such an

definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ● villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ● hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ● land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ● feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes

the wife the iij. part Where it is said here that y ● dead shal haue one part it is ment for performance of his legacies by hys executours if hée make a testament or by the dyscretyon of the ordinary if hée die intestate 16 And if there be no law ful issue on liue let y ● dead haue the one halfe and y ● wife on liue y ● other half The selfe same order y ● the custōe here speaketh of in y ● xv xvj diuisiō is at this day obserued in y ● City of London and the same in effect was longe since vsed throughout the whole Realme For it is euydent both by the lawe of kinge Canutus by master Glanuile by y ● words of Magna carta ca. 18. by master Fitz. in his Natura breuiū in the writ d' Rationabili parte bonor ' f. 122. L. y ● y ● wife children had their resonable partes of the goods by the cōmon lawe of y e realme that y ● common lawe was soe it appereth also in 30. E. 3. 25. et 21. 30. H. 6. And it was said for lawe M. 31. H. 8. abridged by master Bro. ti ▪ Rationabili parte bonarum pl ' 6. that it hath bene often put in vre as a comon lawe and neuer de murred vpō and therfore it seemeth that it is common lawe howsoeeuer it came to passe at length y ● it was admitted for lawe but in such countries only where it was continued by daylie vsage that al y e writs in the Register de Rationabili ꝑte bonorū haue mēcion of the special custōe of the shire in which the part is demaunded and soe is the Booke 28. Henrici 6. 4. But as at thys daye partycion of Chattelles is not vsed throughout the whole Realme though in the meane time it hath not lost the force of common lawe as many thinke as may bée gathered by the opinion aforesayde holden for lawe an 31. H. 8. So is it as some think vanished quit out of all vre within thys Countrey of Rent also 17 And if the heire or heires shal be vnder the age of 15. yeares let the nouriture of thē be committed by y ● lord to the next of the bloud to whō the enheritaunce cannot discend so y ● y e Lord take nothing for the committing thereof 18 And let not y e heire bée maried by the Lord but by hys owne wyl and by the aduise of his friends if he will 19 And whē such heire or heires shal come to y t ful age of 15. yeares let their landes and tenements be deliuered vnto thē together with their goodes and profites of the same landes remaininge aboue their reasonable sustenance of the which profits and goods let him be boūd to make aunswere whych had y ● education of the heire or els the lord or his heires which cōmitted y ● same education The lord ought to take good héede that he credit not the custody to any person that shall not bée able to aunswere therefore For if y e heire at his ful age of 15. yeres shal come to y ● Lordes court and demaund his enheritance although y ● Lord may distreine the gardē to yeld his accompt as it appereth 18. E. 2. Auowry 220 yet in default of his abilitie the Lord him selfe and his heires remaine charged to the heire for the same But I do not heare that the Lords take vpon thē at this day to cōmit the custody of these infants but y t they leaue it altogether to the order of y e next of kyn peraduēture to auoyde the daunger in which they are if they intermedle as is a foresaid 20 And this is to be vnderstood y t frō such time as th●se heires in Gauelkind be of or haue passed y ● age of 15. yeres it is lawful for them their landes or tenementes to giue and sell at their pleasure Sauing y e seruices to y e chiefe lords as is beforesayd Although that this custome enable the heire to make away his landes and tenementes very soone namely at the fiftenth yere of his age by meanes wherof it might be thought vnreasonable in giuing such scope and liberty to so yong yeres yet vppon the good consideration thereof it may appere that the custome it selfe doth reasonably carefully prouide in the behalfe of the heire for somuch as it licenceth hī at y t yeres not to giue his lāds for y t he might do for nothīg but to giue and sel his lāds which it meaneth he should not do w tout sufficiēt recōpence Such like interpretatiō the cōmon law also seemeth to make of this custome both by the opiniō of Vauasor Keble 5. H. 7. 31. et 41. what said y t it was 〈◊〉 y ● a releas made by w●●h an enfant was voyd By y ● sētence of y e b●oke 21. E. 4. 24. where it is sayd y t an infant can not declare his wil vpō such a feoffement And by the iudgment of Hank 11. H. 4. 33. who also held that a warranty or graunt of a reuersion made at such age was to no purpose at all although a lease w t release might hapely bée good by the custome because that amoūteth to a feoffement And it is not fit that this custome should bee construed by equity for as much as it standeth not with any equity to enable an infant of litle discretion lesse experience to sel his land and not to prouide withal y ● he should haue Quid pro quo and some reasonable recompence for the same for y ● were not to defend the pupill fatherlesse but to lay him wide open to euery slye deceipt circumuētion In which respect their opiniō is very well to be liked of who hold y ● if an infāt in Gauelkind at this day wil sell at xv yeres of age these thrée things ought of necessity to cōcure if he wil haue y ● sale good effectual The first y ● he be an heire and not a purchaser of y ● land y ● he departeth w tal The secōd y ● he haue recōpēce for it y ● third y ● he do it with liuery of seysin by his owne hand not by warrant of atturney nor by any other maner of assurance And these mē for proofe of the first and second point of their assertion do build vpon y ● words of this custome where it is said frō such time as those heires in Gauelkind be of or haue passed the age of fifteene yeares it is lawfull for thē their landes or tenements to gyue and sell in which y ● words those heires doe restreine the infant that cōmeth in by purchase And giue sel in the copulatiue doe of necessity imply a recompence forsomuch as selling cannot be w tout sōe price or thing giuē for it And for mayntenaunce of the third matter they haue of their part besides the comon

curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a sōne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this lād for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y ● person of him of whom he holdeth And for that this tenāt may not aliē ī fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel ī effect for no action is mayntenable against y ● termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y ● if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y ● lessee to haue more lōg time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the sāe estate in the lands that the lessour did him graunt at y ● ●eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womā shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y ● day assigned then y ● woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimēt y ● donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y ● yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward cōtrary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in aunciēt tenure is that where the people in aunciēt demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge thē whē their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y ● base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is cōteined in the feffemēt and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the cōmon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The