Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	brother_n	father_n	sister_n	23,792	5	10.2345	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

great discretioÌ„ take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a maÌ„ is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contraryâ— whereof mans memory cannot tel for at this day a manor caÌ„not be made because a court baron caÌ„not nowe be made and a manour cannot be w tout a court baron suters or frÃ©eholders two at the least for if all the frÃ©eholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bÃ©e a mannor without a court Baron as is aforesaid and a court baron cannot bÃ©e holden but before suters not before one suter therfore where but one frÃ©ehold or frÃ©eholder is there cannot bÃ©e a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissioÌ„ implyed or secreat Manumission expressed is when the Lord maketh a dÃ©ed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frÃ©e and therewyth shewed him forwarde out of hys handes and by this hÃ©e was frÃ©e without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villeÌ„ to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by dÃ©ede for yeres or for life in dyuers such like cases y e villen thereby is made frÃ©e Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bÃ©e at any time impeached or impugned but ought alwaies to bÃ©e obserued and holden as strong principalles and aucthorities of theÌ„selues although they cannot be proued by force of argument or demonstratioÌ„s logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fÃ©e and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that laÌ„ds shal disceÌ„d froÌ„ the father to y e soÌ„ne â–ª but not froÌ„ the soÌ„ne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a thÃ©efe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we coÌ„monly vse to saye when we finde one doing of an vnlawfull act that wÃ©e tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bÃ©e misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of IrelaÌ„d hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y â— profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offeÌ„dour shalbÃ©e committed to prison vntill hÃ©e haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath coÌ„mitted treason or felony the Q. may cause y e saÌ„e to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of dÃ©edes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatioÌ„ or y â— executour the testameÌ„t to the court and soe it is of Recordes And the diuersitye bÃ©etwene shewing of deeds or Recordes hering of dÃ©eds or records is thus he y â— pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such dÃ©ede or record is pleaded or declared and is thereby to bÃ©e charged may demaunde hearing of the same dÃ©ed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is wheÌ„ a maÌ„ maketh a feoffement to another on such condition that if the feoffour pay to the feoffÃ©e at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffÃ©e is called tenaunt in morgage And as a maÌ„ may make a feoffement in fÃ©e in morgage so hÃ©e may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hÃ©e fayle to pay then y â— land which hÃ©e layed in gage vppon condition of paymeÌ„t of y e money is gone from him for euer so dead to him vpoÌ„ coÌ„ditioÌ„ But if he pay y â— money then is the gage dead as to y â— tenaÌ„t y t is to say the feoffÃ©e for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was wheÌ„ lands were geuen to a house of religion or to a coÌ„pany which be corporat by y e kings grauÌ„t then the land is coÌ„e into mortmain that is to say in English a dead hand and the kynge or the lord of whoÌ„ y e laÌ„d to holden may enter into theÌ„ Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe

will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted â— And y t they ought not y e Eschetor of the kynge to choose nor euer in any time did they But the kinge shall take or cause to bÃ©e taken suche a one as it shal please hym to serue him in that whych shal be nÃ©edeful 3 And that they may their lands their tenemeÌ„ts giue and sel without licence asked of their lords Sauing vnto the Lordes the rents and y e seruices due out of the same tenements 4 And that al and euery of them may by writ of the king or by playnt plede for y e obtaininge of their right as wel of their Lordes as of other men 5 And they claime also y t the coÌ„minaltie of Gauelkind men which hold none other then tenemeÌ„ts of Gauelkind nature ought not to coÌ„e to y e coÌ„mon summons of y e Eire but onely by the Borsholder fower meÌ„ of the Borowe Except the townes which ought to aunswere by twelue men in the Eire The like to this priuiledge is enioyed at thys day in y â— sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y â— inhabitants Borsholder is so named of y e saâ—oÌ„ wordes Borber caldor y t is to say the most auncient or elder of the pledges 6 And they claime also that if any tenant in gauelkynd bÃ©e attainted of selony for the which hÃ©e suffereth Judgement of death the kyng shal haue al hys goodes and hys heire sorthw t after hys death shal be inheritable to al his lands and tenemeÌ„ts which held in Gauelkind in fÃ©e and inheritance And he shal hold them by the same seruices customes as hys auncestors helde them whereuppon it is said in Kentish The father to the bough And the son to the plough But this rule holdeth in case of felony and of murder onely and not in case of Treason at alâ— And it holdeth also in case where y e offendor is iustised by order of lawe and not where he withdraweth himselfe after the fault committed will not abyde his lawfull tryall And because that thys custome shal not be coÌ„strued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y â— aduauntage therof because the woordes extend to y â— sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shÃ©e endowed by the heire if hee be of age of the one halfe of al the landes and tenements which her husband held of Gauelkynd nature in fÃ©e to haue to hold accordyng to the forme hereafter declared And of such lands y â— kinge shall not haue the yere nor wast but onely the goodes as is bÃ©efore said The wife shall not lose her dower for the default of her husbande but in such case where the heire shal lose his inheritance for the offence of his father 8. Henry 3. 8 And if any manne of Gauelkinde eyther for felonie or for suspicion of felonie withdrawe him out of the countrey and bee demaunded in the countie as he ought be afterwarde vtlawed or put himselfe into the holy church and abiure the lande and the Realme the kinge shall haue the yeare and the wast of his landes and of al his tenementes together with al his goodes and chattels Soe that after the yeare and the day the next Lord or lordes shal haue their Eschetes of those landes and tenements euery lorde that which is immediatly holden of him So is it holden in the bookes 8. E. 2. abridged by master Fitz. ti PrescriptioÌ„ 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bÃ©e an inheritor of lands tenemeÌ„ts in Gauelkind y â— al his sonnes shal part y â— inheritaÌ„ce by equal portioÌ„s 10 And if there bee noe heire male let y e partitioÌ„ be made betwene the females euen as betwene bro. But y â— statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bÃ©e vnderstode of such as bÃ©e in equall degrÃ©e of kynred as Brothers and sisters as in this ix and. x. deuision For if a man haue issue iij. sonnes the eldest haue issue a daughter and die in the life of his father and the father dieth In this case the daughter shalioyne with the two other brethren her vncles for that shÃ©e is not in equal degrÃ©e w t them as her father was whose heire neuerthelesse she must of necessity be 11 And let the messuage also be departed betwene them but the Astre shall remayne to the yongest sonne or daughter and be the value thereof deliuered to each of the parceners of y â— heritage froÌ„ xl fÃ©ete from y t Astre if y â— tenement wil soe suffer By this worde Astre is ment as is coÌ„iectured either the hall or chÃ©efe roome of the house â–ª eyther else the well for water or the south side of the buildinge for Astre beeinge sounded without s may come of the latin worde Atrium which signifieth a Hall or of Haustrum whichbe tokeneth the bucket of a wel or of Austrum the south side euery of which haue their particular coÌ„modities aboue the rest of y â— house or tenement Or otherwise being souÌ„ded with s it may be deduced from y e freÌ„ch word Asistre by contraction Astre which is as much as a site or situation and with the article le before it Lester a churchyarde or Court about a house But at this daye there is no such regarde made iÌ„ y â— particioÌ„ but oÌ„ly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y â— first thoyse and the others afterwarde accordinge to their degrÃ©e 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wÃ©ete by foote if nÃ©ede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y â— yongest make reasonable amends to his parceners for the part which to them belongeth by the awarde of good men 14 And of the aforesayd tenements whereof one onely suit mas wont to be made before time be there not by reason of y â— particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y â— parcener which maketh y â— sint for them 15 In like sortlet y â— goods of Gauelkind persons be parted into thrÃ©e partes after the funerals and y â— debts payed if there bÃ©e lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part

holdeth ouer of y â— lorde aboue him As if y â— tenaÌ„t hold of y â— mesne by homage fealty xx s. of reÌ„t yerely y e mesne holdeth ouer of y e lord aboue by homage fealty xx s. rent also this is called owelty of seruices Hearing of Recordes and deedes c. HEaringe of Records dÃ©eds is if for example an actioÌ„ of det be brought against a man vppon an obligation and the defendant appÃ©eres to the action and then praieth y t he may heare the obligatioÌ„ where with the plaintife chargeth him Soe it is when as executors bringe an action ofdet and the defendant demaundeth to heare the testament vpon this demaund it shal be read vnto the desendaunt But if it be in an other â—erme or after y â— the defendant hath imparled then hÃ©e shal not heare it And soe as is sayed of dÃ©edes is to be vnderstoode of recordes that are alleged against him Pape PApe is an auncyent name falsely arrogated or proudly vsurped by y e Bishop of the only Citye of Roome in Italie and is commonlye englished the Pope a name truely much frequented in our auncyent yere bookes specially in the times of those kings who to much abaÌ„doning their emperiall aucthoritie and abasinge themselues far beneath their estate were not a shamed to suffer an alyen outlandish Bishop that dwelt aboue fiftÃ©ene huÌ„dred miles from them to bee soueraigne ouer them in their owne dominions and to take froÌ„ them not onely the disposition of certen small trisles of none accompt but also the nomination of Archbishoppes Bishops Abbots Deanes prouosts appropriations of benefices preseÌ„taâ— ' to personages vicarages generally of al spirituall persons to their preferments sometymes by lapse and sometimes otherwise whereby the kings princely prerogatiue was very much abridged w tin their owne Realmes Partition PArtityon is Ã deuyding of laÌ„ds disceÌ„ded by the coÌ„mon law or by custome amoÌ„g coheires or parceners wher there be ii at y â— least whether they bÃ©e sonnes daughters sisters auÌ„tes or otherwyse of hyn to the auncestour from whom the laÌ„d discended to theÌ„ And this particion is made iiij wayes for the most part wherof thrÃ©e are at pleasure and by agreement among them the fourth is by compulsion One particyon by agrÃ©ement is when they them selues deuide the lande equally into so many partes as there bÃ©e of them coparceners each to choose one share or part the eldest first so y â— one after other as they bÃ©e of age except y â— the eldest by consent make the particion then the choise belongeth to y â— next and soe to the eldest last accordynge as it is saied Whoe so maketh the partition the other must haue the choyse An other partition by agreement is wheÌ„ they choose certen of their frends to make diuision for them The third partition by agrÃ©ement is by drawing of lots thus first to deuide the land into so many parts as there bÃ©e parceners then to writ euery part seuerally in a little scrolle or peece of paper or parchment and to put the same scrolles vp close into a hat cap or other such like thing and then each parcener one after an other as they bÃ©e of age to drawe out thereof one peece or scrolle wherein is written a part of the land whych by thys drawinge is nowe seuerally allotted vnto them in fÃ©e simple The fowerth partition which is by compulsion is when one or some of the coparceners would haue partition and other some wil not agrÃ©e there to TheÌ„ they y â— so would haue partitioÌ„ may bring a writ de partitione facicienda against y â— others that would not make partition by vertue whereof they shalbÃ©e compelled to depart c. WÃ©e in Kent Brother Nicholas where the landes are of Gauelkynd nature cal at this day our partition Shiftinge euen y â— very same woord that the Saxons vsed namely Scystan which signifieth to make partitioÌ„ betweene coheires and to assigne to each of them their portion in latyn it is called Herciscere Parties PArties to a fine or dÃ©ede are those that leuie the same fine and also they to whom the fine is leuied And they that make a dÃ©ede of feoffement and they to whoÌ„ it is made are called parties to the dÃ©ede and so in any other like cases Patron PAtron is hÃ©e that hath a parsonage vicarage frÃ©e chappel or such like spiritual promotion bÃ©elongynge to his maner and may or ought to gyue the same beneuÌ„ce when and as often as it falleth voyd And thys beynge patron or patronage had beginninge for the most part by one of these three wayes namely either by reason of the foundation for that the patron or hys auncestours or those froÌ„ whom he claimes were sounders oâ— builders of the Church or by reason of Dotation for y â— they did endowe or giue iaÌ„ds to the same for mayntenaunce thereof or els by reason of the ground because the Church was set or builded vpon their soyle or ground many times by reason of them al three Perquisites PErquisites are aduaÌ„tages and profits that coÌ„e to a manner by casualtie and not yearely as Escheates Heriots Reliefes waifes straies forfaytures amercementes in Courtes wardes mariages goods and landes purchased by villaines of y e same manor and diuers such like thinges that are not certen but happeÌ„ by chaÌ„ce sometimes more often then at other times Plaintife PLayntife is hÃ©e that sueth or complaineth in an ass or in an action personal as in an action of det trespas disceit detinue and such other Pledinge PLeding is y â— which coÌ„meth after y â— couÌ„t namely y â— which is contayned in the barre replication and reioynder and not that contayned in the count it selfe and therefore defauts in the matter of the Count are not comprised within mispleading or insufficient pleading nor are remedied by y t statute of Jeofailes But onely that mispleading or insufficient pleading committed in the barre replication and reioynder are there prouided for Pound POundes are in two sortes the one pounds open the other poundes close Pounde open is euery place wherein a dystresse is put whether it bÃ©e coÌ„mon pound such as are in euery Towne or lordship or whether it be backside Court yard pasture or els whatsoeuer where the owner of the distresse may come to geue them meat and drinke without offence for their beinge there or his comming thither Pounde Close is such a place where the owner of the distresse may not come to giue them meat and drinke wythout offence as in a close house or whatsoeuer els place Possession POssession is saied two wayes eyther actuall possession or possession in lawe Actual possessioÌ„ is wheÌ„ a manne entreth in dÃ©ed into lands or tenements to him disceÌ„ded or otherwise Possession in lawe is wheÌ„ laÌ„ds or tenemeÌ„ts are discended to a man and hee hath not as yet really actually and in dÃ©ede entred into them And it is called possession in

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