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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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reason whereof the patron presentes an other clerke whoe is instituted and inducted nowe the one of them may haue spoliation against the other thē shal come in debate if he haue plurality or not And so it is of depriuation c. The same lawe is where one sayeth to the patron that his clerke is deade where vppon hée presentes an other There the first incumbent which was supposed to be deade may haue a spoliation agaynst the other and soe in diuers other such like cases Stallage STallage that is to bée quite of a certeine custome exacted for y e streat takē or assigned in faires and markets Suit couenant SUit couenant is when your auncestours haue couenaunted wyth my auncestors to sue to the court of my auncestors Suit custome SUit custome is when I and my auncestours haue bene seysed of your owne suitand your auncestours tyme out of minde c. Suit rial SUit ●●al is when men come to the shiriffes tourne or léets to which court al men shal bee cōpelled to come to knowe the lawes soe that they shall not be ignorant of the thinges that shalbée declared there howe they shal be gouerned And it is called rial suyt because of their allegeaunce and thys appereth by common experience when one is sworne his othe is that hée shal be a loyall and faythfull manne to the Quéene And thys suyt is not for the lande which hée holdeth within the Countie but by reason of his person and hys abode there and ought to bée done twise a yere for defaut whereof he shal be amerced and not distrayned Suit seruice SUit seruice is to sue to the sherifes tourne or léete or to the lordes court frō iij. wekes to iij. wekes by y ● who le yere for default thereof a ●●● shal bee distrayned and not amerced And this suit seruice is by reason of the tenure of a mans landes Taxe and Tallage TAxe and Tallage are payments as tenthes fiftenthes subsydyes or such like graunted to the Queene by Parlyament The tenaunts in auncien demeane are quite of these texes tallages graunted by parliament except y ● the Quéene do taxe aūctēt demesne as she may whē she thinks good for some great cause Sée auncient demesne Tenure in capite TEnure in capite is where any holde of y ● Queene as of her person beinge Quéene and of her Crowne as of a Lordshippe by it selfe in grosse in chiefe aboue al other lordshipes And not wher they hold of her as of any manor honor or castel except certein auncient honors which appere in the Eschequer Testament TEstament is thus defined or expounded in master Plowdēs comentaries a testament is the witnesse of the mind and is compound of these 2. words testatio mentis which so signifieth truth is that atestament is a witnes of the mynde but that it is a compoūd word Aulus Gelliꝰ in his vi booke ca. 12. doth deny y ● same to an excellent lawyer one Seruius sulpitius saith that it is a simple word as are these Calciamentum Paludamentum pauimentum dyuers such like And much lesse is aggreamentum a compounde woorde of aggregatio and mentium as is sayde before in that title for there is no such latin word simple or cōpound but it may neuerthelesse serue well for a lawe lattyn woorde And therefore thus it may be better defined A testament is the true declaration of our last will of that wée would to bée don after our death c. And of testamēts there bée ii sortes namely a testament in writinge a testamēt by wordes which is called a nuncupatiue testament The first is alwayes in writing as is sayd The other is when a man being sicke and for feare least death or want of memory or of speach should come soe soddenly and hastely vppon hym that hée should be preuented if hée stayed the writinge of hys testament desireth hys neyghbours and frends to beare witnesse of hys last wil and then declareth the same presently by wordes before them which after his decease in proued by witnesses and put in writinge by the ordinary and then standeth in as good force except for lands as if it had at y ● first in the lyfe of the testatour byn put in writinge Them THem that is y ● you shall haue all y ● generation of your vill●ynes with their sutes cattel wheresoouer they shal be sound in Englād ●●cent that if any 〈…〉 shall remayne 〈…〉 yeare and a day in any priuiledged towne so y ● hee shalbée receaued into their cōmmaltie or guild as one of them by that meanes hée is deliuered from villenage Thefbote THefebote is when a mā taketh any goods of a theefe to fauour and maintaine him And not when a man taketh hys owne goodes that were stolne from him c. The punishment in auncient time of theefeboote was of life and member But now at this day Master Stamford sayth it is punished by raūsome and imprisōmēt but enquire farder for I thinke it bée felony Title TItle is where a lawful cause is c●e vpon a man to haue a thing which an other hath hee hath no action for y ● same as title of mortmam or to ēter for breach of a cōditiō Title of entrie TItle of entrie is whē one seysed of lande in fee maketh a feoffement thereof vpon condition and the condrtyon is broken Nowe after the condition thus broken the feoffour hath title to enter into y e land and may so doe at hys pleasure and by hys entrie the fréeholde shal be sayd to bée in him prepresently And it is called title of entrie because that hée cannot haue a writ of right agaynst his feoffée vpō cōdition For his right was out of him by the feoffemēt which cannot be reduced without entrie the entrie must be for the breach of the condition Tolle or Tolne TOlle or tolne is most properly a payment vsed in Cities Townes Markets and faires for goodes cattell brought thither to bee bought and sold And is alwayes to bée payed by the buyer and not by the seller except there bee some custome otherwise There are diuers other tolles as turne tolle and that is where tolle is payed for bestes that are driuen to bée solde although that they bée not sold in déede Also tolle trauers that is where one claymeth to haue an halpeny or such lyke tolle of euery best that is driuen ouer his ground Through tol is where a Towne prescribes to haue tolle for euery best that goeth through their Towne a certen or for euery score or hundred a certen which séemeth not to be so vnreasonable a prescription or custōe assōe haue thought although it bée through the Quéenes high way as they call it where euery man may lawfully goe if that there bée one thinge for an other as if there bée a bridge or such like commodity prouided at the costes charges of the Towne for
I. S. by his wil all hys lands and tenementes here not onely all those landes y ● he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements ▪ 〈…〉 ●e deui●ed to a man to haue to him for euermore or to haue to hī his assignes in these ii cases y e deuisée shal haue a fée s●ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather thē y ● wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y ● his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y ● goods are there the sonne shal not haue the house during the life of the wife for it doth appere y ● his intēt was that his wife should haue the house also for terme of her lyfe notwithstandīg it were not deuised to her by expresse words If a deuise be to I. N. and to y ● heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persō and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée aūswered thus But faith of lawes must nedes be kept and what last wil doth say what it doth cōmaūd be done y ● néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is whē the discent is conueied in y ● same line of the whole bloode as Grandfather father sonne sonns sōne so downwarde Collateral discent is out in an other braunch from aboue of y ● who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y ● lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the groūd onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure ▪ is hée which putteth anye manne out of his lande without order of y ● lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y ● is to say that the beasts haue ben vpon y ● ground by certaine space y ● they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y ● distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y ● is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremā or weyuer for that that they be commen artificers and that the cōmon presūption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys groūd But a man may not distraine for any rēt or thing due for any lād but vpon the same lande y t is charged therewith but in case where I cōe to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y ● I shal not take it for a distresse vpon the ground thē I
may well pursue and if I take it presently in the hye way or in an others groūd y ● taking is lawful aswell there as vppon the land charged to whomsoeuer y ● propertie of the goodes bee Also for fines and amercemēts which be assessed in a leete one may alway take the goodes of him that is so amerced in whose ground so euer they bée within the iurisdictyon of the court as it is sayd And when one hath takē a distresse it beeh●●ueth hym to bringe it to the commen pound or els hée may kéepe it in an others ground so that hée géeue notice to the party that hée if the distresse be a quicke beast may géeue to it foode and then if the beast dye for defaut of foode hee that was dystrayned shall bee at the losse and then the other may distrayne agayne for the same rent or duitie But if hee brynge the dystresse to a holde or out of the coūty that the sherife may not make deliueraunce vppon the repleuin then the party vppon the retorne of the sherife shall haue a writ of Withernam directed to the sherife that he take as many of hys beastes or as much goodes of the other in his kéepinge tyll that he hath made deliuerāce of the first distres Also if they bee in a forfelet or Castell the Sherife may take with him the power of the County beate downe the Castel as it appeareth by y ● statute Westm 1. cap. xvii Therefore looke the statute Diuorce DIuorce so called of diuortium cōminge of the verbe diuorto which signifieth to returne backe As when a mā is diuorced frō his wife hée returneth her backe home to her father or other frends or to the place from whē●e he had her by such diuorce the mariage is defeated and vndone Donor donee DOnor is hee whych gyueth lands or tenements to an other in tayle and hée to whom the same is so gyuen is called donée Double plea. DOuble plee is where the defendaunt or tenant in any accion pleadeth a plée in the which ii matters be comprehēded and euery one by himselfe is a sufficyent barre or aunswere to the action then such a doublee plee shall not bée admitted for a plée except one depend vpon an other and in such case if he may not haue the last plée without the first plée then such a double plee shal be wel suffered Ryght RIght is where one hath a thing that was taken from an other wrongfully as by disseisin or putting out or such like And the challenge or claime that hée hath who should haue y e thing is called right Right of entrie RIght of entrie is when one seysed of land in fee is therof disseised Now the disseisée hath right to enter into y ● land may so do whē he wyll or els hée may haue a writ of ryght against the disseisour Dures DUres is where one is kept in prison or restrained frō his liberty contrary to the order of the lawe and if such a person so beinge in dures make any especialtie or obligation by reason of such imprisonment such a déede is voyde in the lawe and in an actyon brought vppon such an especialtie hee may say that it was made by dures of imprysonment but if a man bee arrested vppon any accion at the suite of an other though the cause of the accion be not good nor trewe if hée make any obligation to a straunger béeinge in prison by such arrest yet it shall not bee sayed by dures but if hée make an obligation to hym at whose suit he was arrested to bée dyscharged of such imprisonment then it shal be said dures Eire Iustices EIre Justices or Itinerant as we call them were Justices that vsed to ryde from place to place through out the realme to administer Justice Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial béetwéene party and party commeth to the Barre with one of the partyes hauinge receyued some rewarde soe to doe and speaketh in the case or priuely laboreth the Jurie or standeth there to furuey or ouerlooke thē thereby to put them in feare doubt of y ● matter But men that are learned in the laws may speake in the case for their fée but they may not labour the Jurye and if they take money soe to doe they alsoe are embrasors Encrochment ENcrochment is sayed when the Lorde hath gotten seisine of more rent or seruices of hys tonaunt then of right is due or ought to bée payed or done vnto him As if the tenaunt holde slande of hys Lorde by fealtye and ij s. rent yerelye And nowe of late tyme the Lord hath gotten seysine of thrée shillings rent or of homage or Escuage or such lyke Then thys is called an Encrochment of that rent or seruice Enheritance ENheritaunce is such estate in landes or tenements or other thinges as may be inherited by the heire whether it be of estate in fée simple or taile by discent from any of hys ▪ Auncesters or by hys owne purchase And Enheritaunce is deuided into two sortes that is to say enheritāce corporate enheritance incorporate Enheritance corporate are mesuages landes meadowes pastures rentes and such lyke that haue substaunce in them selues and may haue contynuaunce alwayes And these ar called corporal things Enheritaunce incorporate are aduowsens villaynes wayes comons Courts fishings and such like that are or may be appendant or appurtenant to inheritances corporate Equitie EQuitie is in two sorts differing much the one from the other and are of contrarye effectes for the one doth abridge diminishe and take from y e letter of y ● law The other doth inlarge amplifie and adde therunto The first is thus defined Equitie is the correction of a lawe generally made in that part wherein it faileth which correction of y e generall wordes is much vsed in our lawe As if for example when an act of parliament is made that whoesoeuer doth such a thinge shal be a sclon and shal suffer death yet if a madde manne or an infaunt of yonge yeres that hath noe discretion doe the same they shal be no felōs nor suffer death therefore Also if a statute were made that al personnes that shal receiue or gene meate and drinke or other succour to any that shal do such a thing shal bée accessorie to hys offence and shal suffer death if they did knowe of the fact yet not withstandinge one doth such an act and commeth to his wife whoe knowing thereof doth receiue him and giues him meat and drinke shée shall not bée accessory nor felon for in the generaltie of the said wordes of y e lawe he that is mad nor y e infant nor the wife were included in meaning And thus equity doth correct y ● generality of y ● law in those cases the general words are by equitye abrydged The other equitie is defined after this sorte Equitye is when the wordes of
will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted ● 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 bée taken suche a one as it shal please hym to serue him in that whych shal be néedeful 3 And that they may their lands their tenemēts 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 cōminaltie of Gauelkind men which hold none other then tenemēts of Gauelkind nature ought not to cōe to y e cōmon summons of y e Eire but onely by the Borsholder fower mē 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 ● sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y ● inhabitants Borsholder is so named of y e sa●ō 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 bée attainted of selony for the which hée 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 tenemēts which held in Gauelkind in fée 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 al● 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 cōstrued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y ● aduauntage therof because the woordes extend to y ● sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shée 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 fée to haue to hold accordyng to the forme hereafter declared And of such lands y ● kinge shall not haue the yere nor wast but onely the goodes as is béefore 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 Prescriptiō 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bée an inheritor of lands tenemēts in Gauelkind y ● al his sonnes shal part y ● inheritāce by equal portiōs 10 And if there bee noe heire male let y e partitiō be made betwene the females euen as betwene bro. But y ● statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bée vnderstode of such as bée in equall degrée 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 shée is not in equal degrée 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 ● heritage frō xl féete from y t Astre if y ● tenement wil soe suffer By this worde Astre is ment as is cōiectured either the hall or chéefe roome of the house ▪ 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 cōmodities aboue the rest of y ● house or tenement Or otherwise being soūded with s it may be deduced from y e frēch 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 ī y ● particiō but ōly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y ● first thoyse and the others afterwarde accordinge to their degrée 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wéete by foote if néede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y ● 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 ● particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y ● parcener which maketh y ● sint for them 15 In like sortlet y ● goods of Gauelkind persons be parted into thrée partes after the funerals and y ● debts payed if there bée lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part
at Sandwich in Kēt taxed al his lād by hides thus That euery 310. hydes of land should find one ship fornished euery 8. hides should find one Jacke one sallet for y e defence of y e Realme Hotchpot HOtchpot is a medlynge or mixinge together and a partition of lands giuen in frankmariage wyth other lands in fée simple dyscēded as for example a man seysed of 30. acres of land in fee simple hath issue ii daughters gyueth w t one of his daughters to a man y t marieth her x. acres of the same land in frankemariage and dieth seysed of the other 20. acres Nowe if she that is thus maried wil haue any part of the 20. acres whereof her father dyed seysed Shée must put her lands gyuen in frankmariage in hotchpot that is to say shée must refuse that gyft in frankemariage and suffer the land to bée commixt and mingled together w t the other land whereof her father dyed seysed so that an equall deuision may bee made of the whole betweene her and her Sister and thus for her 10. acres shée shall haue xv els her Sister wyll haue the xx acres of whych their father died seysed Home Sokene HOme soken or hane soken y ● is to be quit of amercements for entringe into houses vyolently without licēce contrary to the peace of the kinge And that you hold plea of such trespas done in your court and in your land Homicide or māslaughter HOmicide or manslaughter is the killing of a man feloniously without malice fore thought It is also defined thus Homicide is the killing of a man by a man and if such kyllinge be don by a dogge oxe or other thinge it is not properly called homicide for it is called homicide of a man to kil as y ● killing of a man Hornegeld HOrnegeld y ● is to be quit of a certeine custome exacted by tallage thorowe all the lande as of whatsoeuer horne beast Housebote HOusebote is necessary timber y ● lessée for yeres or for life of common right may take vppon y ● groūd to repaire y ● houses vpon y ● sāe groūd to him leased although it bée not expressed in y e lease and although it be a lease by wordes w tout déed But if hée take more then is néedefull hée may bée punished by an action of wast Hundred HUndredes were deuised by Alfred y ● kinge after that hée had deuided the whole Realme into certeine partes or Sections whych of the Saxon word Scynan signifyinge to cut he termed Shires or as wée yet speake Shares and portions These Shires hée also brake into smaller partes wherof some were called Lathes of y ● woord Ielapian which is to assemble together others Tithinges so named because there were in each of them to the number of ten persons whereof each one was suertie and pledge for others good abearinge others hundreds because they contayned iurisdiction ouer an hundred men or pledges dwellinge paraduenture in ii or iii. or more parishes Boroughes or townes lyinge and adioyninge neuerthelesse somewhat nere together in which he appointed adminystration of Justice to bée exercysed seuerally amonge them of y e same hundred and not that one should runne out disorderly into an others hundred lath or tithing wherein he dwelled not These hundreds cōtinue to this day in force although not altogether to y ● sāe purpose wherūto at the first they were appointed yet styll very néedful both in tyme of peace for good order of gouermēt diuers ways also in warre for certeinty of leuying of mē as els for the more ready collections of payments graunted in parliament to the kynges and Quéenes of thys Realme Hundred HUndredum that is to bée quit of money or customes to bee done to the gouernours hundredors Ideot IDeot is he that is a foole naturally from hys birth and knoweth not howe to accompt or number twenty pence nor cannot name hys father or mother nor of what age hymselfe is or such like easie and common matters soe that it appereth he hath noe maner of vnderstādinge of reason nor gouernement of him selfe what is for his profit or disprofit c. But if hée haue soe much knowlege that he can reade or lerne to reade by instruction and informatyon of others or can measure an elle of cloth or name the daies in the wéeke or begette a childe sonne or daughter or such lyke whereby it may appere that he hath some light of reason then such a one is noe Ideot naturallye Vnlawful assembly VNlawfull assemblye is where people assemble them selues together to do some vnlawful thing against the peace although that they execute not their purpose in déede Imparlance IMparlaunce is when an action of dette trespasse or such lyke is brought against a man and after that the pleintife hath counted or declared the defendaunt prayeth the Court that hée may haue tyme to put in hys aunswere at an other daye in the same terme or in the next terme followinge this stay of aunswere is called imparlaunce Imprisonment IMprysonment is noe other thynge but the restraynt of a mannes libertye whether it bée in the open féelde or in the Stockes or Cage in the streates or in a mans own house as wel as in the common gaole And in all these places the partye soe restrayned is sayed to be a prisoner soe longe as hée hath not hys lybertye fréely to goe at al times whether he wil without baile mainprise or other aucthoritye Infangethefe INfangethefe that is that théeues taken with in youre demesne or fée conuicted of thefts shal be iudged in your court Information INformation for the Queene is that which for a common parson is called a declaration and is not alwaies done directly by the Quéene or her atturney but rather by some other man who sueth or infourmeth as wel for y e Queene as for him selfe vppon y e breach of some penall lawe or stat wherin a penalty is giuen to y e party that wil sue for y e same but no action of det to recouer it then it must be had by information Ioynture IOynture is an estate and assuraunce made to a woman in consideration of mariage for terme of her life or otherwise whether it bée before or after y e mariage And if it bée after the mariage then shée may at her libertie after the death of her husbande refuse to take or haue the landes soe assured for her Joynture and demaund her dower at the cōmon lawe But if it be made before mariage then shée may not refuse such ioiniure nor haue dower accordinge to the common lawe vnlesse that when she bringeth her writte of dower the defendaunt pleadeth such a plea that will not barre her of her dower then shee shal bee endowed As if he say in barre that her husbande was not seised of such estate wher of she myght bee endowed or any such plea and doth not shewe that she