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book_n abate_v call_v manor_n 12 3 11.1223 5 false
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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

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dyd nothinge for it by meanes whereof hospitalyty decaied in the place where it ought to haue bē chefelye mayntained namelye in the parishe where the benefice was and where the profites dyd growe so it continueth to this day to y ● great hinderance of lerninge y ● empouerishmēt of y ● ministery y ● infamy of y ● gospel professor therof Approouement APprouemēt is wher a man hath common in the lords wast groūd and the Lorde encloseth part of the wast for himselfe leapinge neuer the lesse sufficient comon w t egresse regresse for the cōmoners 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 vpō some det trespas or other controuersie had betwéene 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 cōmaundemēt out of some court But for treason felony or breaking of the peace euery mā hath aucthority to arest without warrant or precept and wher one shal be arrested for felony it behooueth y ● there hath bene some felony done and that he be suspected of y e same felonye or otherwise hée 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 rēt 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 lāds in fée simple which discend to his heire but maketh no executors or if he make executors leaueth not sufficient goods to discharge this obligation thē 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 hée is discharged Also when a man seysed of lāds in taile or in y e right of his wife alieneth the same witt warrantie and hath in value as much land in fée 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 hée shalbée barred by reason of the warranty y e land so discēded which is as much in value as that that was sold so thereby hée hath receiued noe preiudice therefore this land is called Assets per discēt Assets ent ' mains is whē a man indebted as before is said maketh executors leaueth to thē sufficient to pay or some cōmoditie or profit is coē to thē in right of their testator this is said as●●ts ī their hāds Assignee ASsignee is he to whō a thing is appointed or assigned to be occupyed paied or don and is alwaies such a persō which occupieth or hath y ● thing so assigned in his owne right for him selfe And of assignées there bée ii sorts Nāely assignee in déed and assignée in law Assignée in déed is when a leas is graūted to a mā to his assignées or with out those words assignées y ● grantee giueth graūteth or felleth the same leas to an other he is his assignée in déede Assignée in law is euery executor named by y ● testator ī his testamēt as if a leas be made to a mā to his assignées as is aforesaid he maketh his executours dieth w tout assignemēt of the leas to any other nowe y e executors shal haue y e sāe leas because they are his assignées in law so it is in diuers other like cases Attainder ATtainder is a cōuiction of any person of a cryme or fault whereof he was not cōuiet before as if a man haue cōmitted felony Treason or such like therof is endited arraigned foūd 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 plée in abatement of the writ or barre of the accion which hée sayth hée is ready to proue as the court wil award this offer to proue his plée is called an auerment Auerpeny AUerpeny that is to bée quite of diuers sūmes of money for the kinges auerages Auncien demesne AUncien demesne are certein tenures holden of those mannours that were in the hāds of saint Edward the confessour and the which hée 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 bée 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 cōcerning their sustenāce husbandry in auncien demesne for such lands they shall not be put or impaneled vpō any enquest But all the lands in aunciē demesne that are in the Kynges hands be franke fée 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 thē he y t hath takē 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 hée 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 Quéenes vse in a certeine sūme of money or body for body y t he shall appere before the Justices of gaole deliuery at y ● next sessiō c. Thē 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 ● bailor y t is to say to him y t so deliuered it