Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	elder_a	marry_v	10,918	5	9.6530	5	false

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

time the woman may aske her dower in the chauncerie and when she is endowed and loses her dower vpon a recouerie had against her by an eigne title how she shal be recompenced If the husband haue land in diuerse counties wherbie after his death there be awarde seueral writz of Diem clausit extremum in to euerie of those counties she shal not be eÌ„dowed vntil such tyme as all the said writs be returnd again in to the chancerie as it maie apere in .16 E. 3. H. 16. E. 3. in Fitz ti Liuere P. 29 And note that when she is endowed in the chancerie and afterwardes loses by a recouerie vpon an eigne title then she hath none other remedie but to cause the record of the same recouerie to be remoued in to the chauncerie and vpoÌ„ the first record wherby yt apered she had dower and this other record of the recouerie she shal haue a Scire facias recitiÌ„g both the recordes against the tenaÌ„t of the ii partes to resese the said ii partes in to the kinges handes and to be newlie endowed of the same but not to recouer anye damages not withstanding damages were recouered against her this apereth 43. in the boke of assises 43. lib. ass in Fitz ti Dovver P. 79. Now to the last braunce of this statute which is that wemen that hold of the kinge in cheefe any inheritaÌ„ce of what age so euer thei be shal likewise swere not to marie c. By the order of the comon lawe before the making of this statute al women that were wtin age in ward should wheÌ„ they came of ful age be maried by their lords euerie one of them with their porcions and if they were of full age at the deth of their ancestours yet should they neuertheles be in the lords keping vntill their were maried by the aduise dispositioÌ„ of their lordes For as GlaÌ„uille in his .7 boke that he wrote in the time of kinge H. 2. sayethe Nulla mulier heres terrae sine dnÌ„orum disposicione vel assensu maritare potest de iure vel consuetudine regni and therefore saieth he yf a man haue issue one or moe doughters which be his heires aparente marieth ani of them wtout the assent of his lord that be therbye forfets his in heritance by the lawe and custome of the relme so that he shall neuer recouer yt again but onlie through his lordes mercie and that for this cause For when the husband of such a woman shal do his homage for the tenemeÌ„ts so holden by knightes seruice it is requisite to haue the lords will asseÌ„t lest he be compelled to receue homage of his mortall enemie or some other vnable personage neuertheles yf the tenant sue to his lorde for license to marie his daughter the lord is bound to conseÌ„t or els to showe cause whie he should not and if he will not the woman may marie wher she listes without his assent And the said Glanuill further saieth that Tenant in dower can not in likewise marie without the assent of him that is her warrant that is to saie the heier And if she doe she shal lose her dower and yet there the husbaÌ„d shal doe no homage but what then he shall do fealtie and for that cause also she shal haue license And further saieth if she holde of diuerse lords it is sufficieÌ„t for her to haue the asseÌ„t of the cheefe lorde Also he saieth that wemen being in ward Si de corporibus suis foris fecerint which wordes as I vnderstand them bee if thei comit fornicacion and that be proued then they that offend shal be disherited so that her porcion then goes to the other sisters that haue not in the like offended And if they all offend then the lord shall haue the inheritance by waye of eschete Howbeit saieth he wher they be ons maried by the lordes assent and after becoÌ„e widowes thei shal be no more in ward but yet if thei marie again they must haue his asseÌ„t for the reson before made But then after thei haue bene once maried thei shall not forfet their inheritance for their incoÌ„tinencie so that it aperes plainly here by Glanuill that this hole statute of prerog should be but a confirmacion of the comoÌ„ law And that the law was so as Glanuill toke yt it may partly apere by the said statute of Magna carta cap. 7. For the wordes are not onlie quod vidua securitatem faciet quod se non maritabit sine assensu nostro si de nobis tenuerit Bracton libro 1 de custodia sockmanorum but are also vel sine assensu domini sui si de alio tenuerit And Bracton agrees also with Glanuille Howbeit he saieth where a woman in the life of her auncestors maries without the asseÌ„t of the lord or wher the widow maries without the asseeÌ„t of her warrant that the inheritance or the dower shall not now be forfeted although in olde time yet was And farther saieth that the heier in socage being a woman shal be maried by the lord like as she should be if she weare heier of lands holden by knights seruise And farther saieth that the heier male shal be maried by the lord more theÌ„ once that is to saie as ofteÌ„ as he shall come vnmaried in the time that he is vnder the age of xxi yeres But now by the statut of w. 2. cap. 22. the lords are abreged of their power in these mariages of the heires females for yf thei now be within the age of xiiii yeres at the death of their auncestor and the lord doth not marie them before thei come to xvi yeres then shall thei recouer their heritage without ani thinge geuen either for the ward or for the mariage And if their maliciously or thorough euel counsell refuse to marie where their lords doe apoint them without disparagement then shall their lord hold their land vntill thei come to the age of xxi yeres longer vntill they haue takeÌ„ the value of the mariage Out of this statute if it be wel coÌ„sidered a man may gather that the comon lawe was no lesse then is here recited And this statute was made about the .3 yere of king E. the 1. a litlâ— before that Britton began to writ his boke for Britton f. 169. saies that the mariages should be offred to the heires females before they accoÌ„plishe the age of xiiii yeares and yf not the lorde shall lose his right in the saide mariages I suppose that the printer mistoke the nomber of the yeres and should haue printed sixteene wher it is but forteene and therfore it is good too see other copiees for this matter And Britton also sayeth that if he or she haue beene once marryed by the lorde or in the lyefe of they re father or once agreed with their lord for their mariage they shall neuer again be maried by him but maye marie

facient seruicia dominis feodi per manus primogenitae Nec potest primogenita ea ratione vel occasione a postnatis sororibus homagium vel custodiam vel aliquam aliam subiectioneÌ„ exigere vel habere Quia cum omnes sorores sint quasi vnus heres de vna hereditate si primo genita posset habere homagium aliarum sororum vel custodiam petere tunc esset illa hereditas diuisa ita quod primogenita soror esset simul et semel de vna hereditate domina et heres Here 's auteÌ„ suae partis et domina sororum suarum quod quidem in isto casu fieri non possit cum ipsa primogenita nihil posset petere plus quam aliae sorores nisi capitale mesuagium ratione eineciae Preterea si primogenita huiusmodi homagium a post natis sororibus suis acciperet esset quasi domina earum et habere posset custodiam earum et filiorum suorum et hoc esset quasi committere agnuÌ„ lupo ad deuorandum Et ideo vobis mandamus quod predictas consuetudines quas in regno nostro Anglie habemus in hoc casu vt predictum est in terra nostra Hiberniae proclamari ac firmiter teneri facias et obseruari In cuius rei c. Teste me ipso apud vvest ix die Februarii Anno regni nostri xiiii GlaÌ„uil li. 7. Before the makinge of this statute called statutum Hibernie it appereth by Glanuill which wrott in the tyme of kinge Henry the second that the husband of the eldest daughter should do homage vnto the Lorde for the hole inheritaunce and that the other daughters or theyr husbandes should do their seruice for theyr tenemeÌ„ts vnto the chief lord by the handes of theldest sister or her husband and yet they for the same should not be bound to do anie homage or fealti to the eldest sister or her husbaÌ„d duringe theyr liues ne yet that heires that come of them in the first degre or secoÌ„d degre But the heires in the third degre by the lawe of the Land were bouÌ„d to do homage to paye reliefe for their tenements vnto the heire of the eldest daughter Quod nota And the reason of it after the minde of Bracton which agreeth with Glanuille is this that when issue descendeth of them to the 3. or .4 degre it is not like that issue should faile of their bodies Bract ' li. de homÌ„ capieÌ„d and then may the heires of theldest daughter take homage verie well for it is vnlikely that the eldest daughter or her heires shoulde then haue the same by discent for these be his wordes Quia cum sint heredes tres de herede in heredeÌ„ extunc vix poterin deficere et ideo tunc sequitur homagium absquedaÌ„pno et periculo donatoris For if therwere likelyhode of the discent in this case the takinge of homage should be rather hurtfull then beneficial For by the ancieÌ„t Lawes if one had infeffed an other to holde of him and had taken his homage he could neuer be his heire afterwards but the next vnder the feoffor his heires of the kinred shoulde rather haue it As put case before the statute of Quia emptores the eldest sonne had enfeoffed the middelmost to hold of him and had taken his homage the middlemost dieth without issue the yongest should haue had the land and not the eldest because of the homage that he toke howbeit if there were no yonger sonne ne any other heire then the feoffor might claime the Land againe by eschete and not otherwise for as longe as there were any the feoffor or his heires of whome the Lands were so holden might not haue it And that Bracton sheweth also in his first boke in the title de maritagiiÌ„s reuersis ad donatoreÌ„ ê“ defectu heredis For he hath this text or sainge there quod homagium expellit dominicum et retinebit seruicium quod non potest quis esse dominus et heres so that you may nowe perceiue that this statute of Irelande agreeth with Glanuill sauing that Glanuill dilateth or declares the common law farther then this statute doth Also Bracton saith further in his title of Homage that if the eldest daughter in this case wil preuent the tyme and take homage before she nedeth she by that leseth the benefite of the discent saieth that the reason why the serâ—yce ought to be done by the eldest for them all is because the lord shal not be driuen to take his seruice by parcell mele further saith that although the eldest may not haue homage of her sisters forthwith but must tarry a tyme yet shall they out of hand do fealtie vnto her all the other seruices that are to be done the eldest shal do them ouer whiche is contrarie to Glanuill for he saith the other sisters shall doe neyther homage nor fealtie Howbeit Britton fol. 175. agreeth with Bracton and there setteth forth the manner of the fealtie by the yonger sisters to be done to the elder saith that it is at the eleccion of the lord whether he will take homage the other seruices by the handes of the eldest onely for theÌ„ all or else of euery sister seuerally for her seruice for if hee might not so doe the lord in proces of tyme might happelye lese the wardship of the heires of the other sisters because of the woordes in the write of Ward which are that the ancestours dyed in his homage that would be harde to trye when the homage was euer done vnto him onely by the eldest sister And Bracton in his said title of Homage sayeth Cum quelibet soror de facto acapitauerit dnÌ„o capitali hoc reuocari non poterit a primogenÌ„ vel eius marito sed semê‘ qd ' factum est tenebit quia capitalis dnÌ„s quod ei oblat ' est non recusabit sed siue tenuerint de dnÌ„o Rege siue de alio cuÌ„ homagium factum fuerit siue ante tercium hered ' siue post statim sequentur releuiuÌ„ et alia seruicÌ„ a little before that sayeth si plures sorores de dnÌ„o rege tenuerint in capite tuÌ„c pri mogenit ' missa omnes acapitabunt et homagium facieÌ„t dnÌ„o Regi and therwith agreeth Britton fo 171. And yet fo 198. saieth that theldest only shall do homage vnto the kinge for her selfe her sisters Thus haue you now thexposition of the said statut of Ireland by the olde writers by which said statute the saide writers yt appeareth that this statut of Prerogatiue is but a confirmacion of the common lawe doth only set forth declare what the kings Prerogatiue is wheÌ„ landes holden in chiefe discend to twoe coparceners For in this the king hath a Prerogatiue aboue a comon person aswel for that they shal seuerallye holde of his highnes as for that that his highnes shall make the particion for

them selues where thei list so that they hold nothing of the king And fo 168. he saieth that the king shall haue the mariage of all the heires females where thei hold of the king of what age so euer they be as ofteÌ„ as thei shal be to marie so that they can not marrie wtout the kinges licence Thus is the last clause of this chapter expressely proued by Britton that the comon law did stil remain as it was for the mariage of the heires females in the kinges case and not altered or abreged by the said estatute of west primer therfore was the statut in the 39. yere of king H. 6. the last chapter made in this wise Item de auisameÌ„to assensu et aucthoritate pred ordinatuÌ„ est stabilituÌ„ qd mulieres existentes etatis 14. annoruÌ„ tempore mortis antecessoruÌ„ suoruÌ„ absque questione seu difficultate habeant liberacioneÌ„ terraruÌ„ et tenÌ„torum suorum sibi descensorum quia sic lex istius terrae vult quod tunc ipsi haberent How beit this statute prouides not wher thei be within the age of .14 yeres at the deth of their auncester ideo quere For as our late bokes go sins Brittons time the king hath lost his prerogatife vpon what occasion I know not but I woulde gladlie lerne 35. H. 6. 46. for Fortescue saies 35. H. 6. that when the heir female sues her liuerie she takes no oth that she shall not marie as the kinges widow doeth and therfore saieth he it should seme she should make no fyne yf she marie without liceÌ„se Howbeit Littelton saies that if the heir female be of the age of 15. yeres at the deth of her aÌ„cestor and marie her self without license that she shall make a fine for it amouÌ„teth to an alienacioÌ„ For after issue had the husband is become the kinges tenaÌ„t and he solie shall doe homage in his owne name And yet afterwardes in the 15. yere of E. 4. the same Littelton saies that the latter clause of the same statute is void for the doughter which is inward mariynge her self to an other wtout licence shal not make a fine to the king Thus by the argumeÌ„t of the said boke of .35 H. 6. it aperes that thei take the king to be bound by the said statut of w 1. and make him no better then a comon person wherat I haue no litle meruel sins he is not named in the said statute For in the said boke it is agreed by the court that if the kâ—ng after the age of 14. yeares and before 16. do marie the heir female she shal haue liuerie foorthwith vpoÌ„ the mariage H. 35. H. 6. in Fitz ti Gard. P. 71. althoughe she then bee not of the age of xvi yeares because that she was of full age before as it is there said that is to saie as sone as she was 14. And that ii yeres ouer is but only geuen for the mariage which when it is once had and the .14 yeres past the kinge or lord lese theire interest And so it was granted that if she were maried before the age of .14 and after her husbaÌ„d dies before the said age when she comes to the said age of .14 she shal haue liuery And there it was also said that these ii yeres were geuen to the lord to tender her mariage in for the tender before was void because it was wtin the age of 14. yeres But note that if the heire female being vnder the age of 14. yeres falleth in to the kinges handes as ward because of certen lands that her father held of the king in cheefe by reson therof the king hath also the lands inward which are holden of other in socage in this case when she comes to the age of 14. yeres and is vnmaried she shall not haue liuery of these landes holden in socage and yet by reson of them the king hath not the mariage of her But what then she cannot sue her liuerie by parcels and that is the cause that the hole land shal tary in the kings hands til a hole liuerie mai be sued of them all and this aperes in the newe Natura breuium fo 256. And last of all note that this latter clause extends not to women that clayme by purchase but onlie by disceÌ„t And therfore it aperes .15 E. 3. 15. E. 3. iÌ„ Fitz ti Liuere P. 31. that where it was found vpoÌ„ the Diem clausit that the wife was iointly infeffed with her husbaÌ„d she had an ouster le main without findinge any suertie of her mariage And note also that by the comon law yf one will mary the kings nief 33. li. ass in Fitz ti Trauers P. 36. that is to saie his bondwomaÌ„ wtout license he shal paie a fine vnto the king as aperes in 33. E. 3. li. Assisarum The fifth chapiter ET si vna hereditas quae de Rege tenetur in capite desceÌ„dat pluribus participibus tunc omnes illi heredes facient homagium Regi et illa hereditas quae de Rege tenetur participabitur inter heredes illos ita quod quil'z eorum extunc partem suam tenebit de Rege This statute is somwhat declared by a statute longe time made before that is to saye in the 14. yere of king H. the .3 called statutum Hibernie de coheredibus which for the better declaracion of this prerogatiue I haue also here noted HeÌ„ricus dei gratia rex Anglie dominê° Hiberniae et dux Aquitaniae et NormannÌ„ comes Andigauie dilecto et fideli suo Gerardo filio Maurisci Iusticiar ' Hibernie saluteÌ„ Cum milites de partibus Hiberniae nuper ad nos accedentes nobis ostenderunt quod cum hereditas deuoluta sit inter sorores in terra nostra Hibernie Iustic ' nostri in eisdem partibus itinerant ' incerti sunt vtrum post natae sorores tenere debeant de primogenita sorore et ei facere homagiuÌ„ an non Et quia predicti milites petieruÌ„t certiorari qualiter iÌ„ regno nostro ' Anglie iÌ„ casu consimili hactenus vsitatum fuit sic ad instantiam eorundeÌ„ vobis significamus quod in regno nostro Anglie talis est lex et consuetudo in hoc casu quod si quis tenuerit de nobis in capite et habuerit filias heredes ipso patre defuncto aÌ„tecessores nostri habueruÌ„t et nos semper habuimus et cepimus homagium de omnibus huiusmodi filiabus et singule earum tenerent de nobis in capite in hoc casu Et si infra etatem fuerint nos habebimus custodiam earum et maritagium singularum Si autem de alio domino tenuerint et ipsae sorores infra etatem fuerint earum dominus habeat custodiam et maritagium singularum et primogenita tamen faciet homagium domino pro se et omnibus sororibus suis et alie sorores cum ad etatem peruenerint

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