Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	appear_v	error_n	writ_n	1,717	5	9.5204	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

alien being none of y ● Queenes enemies but am alien frend come dwel here in England and haue issue this issue is no alien but English so if an English man go ouer the Seas with the Quéenes licence there hath issue this issue is noe Alien Alienation ALienatiō is as much to say as to make a thing an other mans to alter or put the possession of land or other thing frō one man to an other Ambidexter AMbidexter is he that when a matter is in suite betwéene men taketh money of y ● one side of the other either to la bour the suit or such like or if he be of the iury to say his verdict Amendment AMendment is when errour is in the processe the Justices may a mend it after iudgment But if there be errour i● geuing of iudgment they may not amend it but y ● partie is put to his writ of error And in many cases where the defaut appereth in the clarke y ● writeth the Record it shal be amended but such things as come by Information of the partie as the towne mistery ▪ and such like shal not bée amended for he must informe true vpō his peril Amercement AMercement most properly is that in a court Baron Leete or Law-day which in a court of Record before Justices is called a fine And is a penalty assessed by the homage for an offence doneagaist y ● same court as for lake of suit of court or for not amendinge of some thinge that he was appointed to redresse by a certeyne tyme at the last court day béefore or for such like cause Amercement Royal. AMercement Royal is when a sherife coroner or other such officer of y ● Quéene is amerced by the Justices for his abuse in the office An iour et wast AN iour et wast is a forfaiture whē a mā hath cōmitted petit Treason or felony hath landes which he holdeth of some comon person which shal be seised for the Quéene remaine in her handes by the space of one yere a day next after y ● attainder then the trées shal be digged vp the houses shal bee rased and pulled downe the pastures medows eared plowed vp a thinge the more to gréeue the offendors and terrefy others to fal into the like in shewing how the lawe doth detest their offence so farre foorth as that it doth execute iudgment punishment euen vpon their dome dead thinges Annuitie ANnuitie is a certeine sūme of money graunted to an other in fee simple f●e taile for terme of life or for terme of yeres to receiue of the graūtor or his heires so that noe fréehold is charged therewith Appell APpell is where one hathdon murder robery or felonye then the wife of him that is slaine shal haue an accion of appeale against the murderer but if he haue noe wife then his next heire male shall haue the appeale at any time within the yere and day after y e déede And also he that is so robbed shall haue hys appeale with in y e same time And if the defēdant be acquited he shall recouer dammages agaynst the appellour thabettours and they shal haue thenprisonmēt of a yere shal make fine to y e kīg An appeale of mayhem is in maner but an acciō of trespas for he shal recouer but damages Appellant APpellant is y e plaintife in the appel Appellor APpellor or approuer is he who hath committed sōe felony which he confesseth and nowe appelleth or approueth that is to say accuseth other that were coadintours or helpers w e him in doing the same or other felonies which thīg he wil approue therefore is called ī latin Probator Appendant et Appurtenāt APpendāt et appurten̄t are things y e by time of prescripciō haue belōged pertained and are ioyned to an other principal thīg with which they passe goe as accessary to the same principal thing by vertue of these wordes Pertinencijs As lād aduowsōs Comōs Piscaries waies courts and diuers such like to a maner house office or such other Apportionment APporcionment is a deuiding into partes of a rent which is deuidable and not entier or whole and for so much as the thinge for which or of which it was to be paied is seperated and deuided the rent also shal be deuided hauing respect to the partes As if a man haue a rent seruice issuing out of lands and h●e purchaseth parcel of the land the rent shal be apporcioned according to the value of the land So if a man holde his lande of an other by Homage Fealtie Escuage and certeine rent if the Lorde of whome the lande is holden purchase parcel of the lande the rente shalbée apporcioned Also if a man let lands and goodes for yeares reseruinge rent and after a strāger recouereth the lande then the rent shalbée apportioned because the goodes are not recouered but remayne And soe it is if but part of the lande bée recouered the rent shalbée apportioned that is to say deuided and the lessée shal pay hauinge respect to y t which is recouered and to that which yet remaynes in hys handes accordinge to the value But a rent charge c●not bee apportioned nor thinges that are entier as if one holde landes by seruice to paye to his Lorde yearelie at such a feaste a Horse a Hauke a Rose a Cherie or such lyke There if the Lorde purchase parcell of the lande that seruyce is gone altogether béecause a Horse a Hauke a Rose a Cherye and such other cannot bée deuided seuered nor apporcioned without hurt to the hole Appropriations APpropriatyons were when those houses of the Roomishe religion and those religious persons as Abbots Priours and such like had y ● aduowson of any personage to thē and to their successours and obtayned lycence of their holy father the Pope that they them selues and their successoures from thence foorth shoulde bée personnes there and serue the cure And so at the beginninge appropriations were made onely to those personnes spiritual that coulde minister the sacramentes and saye deuine seruice as Abbotes P●●oures Deanes such like after by lytle and litle they were enlarged and made to other as namelye to a Deane and Chapter which is a body corporate consisting of manye which bodye together coulde not say deuine seruice and what more was to Nunnes that were Prioresses of some Nunry which was a wicked thinge in soe much as they coulde neyther minister sacramēts nor preach nor saye deuine seruice to y ● parishioners And al this was vppon pretence of hospitalitye and mayntenaunce thereof And to supply these defects a vicar was deuised whoe should be deputy to y e prioresse or to the Deane and chapter and also at the last to the sayed Abbots and others to say deuine seruice and should haue for his labor but a litle portion and they to whome the appropryation was made should retayne the great reuenues and they

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

sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y ● is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y ● Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutiō is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and whē y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whō the testator was in debt shall haue an action against the executor if hée haue an obligatiō or specialtie but in euery case where y ● testator might wage his lawe no actiō lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and consciēce to purchase mony as well by extortion as otherwise according to y ● saying of y e poet Uirgil What can be told or what is that that hūger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demaūdeth iudgmēt of the court if he shall agayne haue this actiō c. And y ● plaintife sayth there is ●o● such record Whereupō y ● defendant hath a day giuē him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action thē he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y ● déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indēted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée grātee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y ● parties names to the déed

looking for nothinge thereby c. By which wordes is excluded either the takinge of xl li. v. pounde yea or of one peny aboue the principal But rather let such thinke that that statute was made vpō like cause that moued Moyses to giue a byll of dyuorce to y ● Isralites as namely to auoyd a greater mischiefe for the hardnesse of their harts Vilawrie VTlawrie is whē an exigent goeth foorth against any man proclamation made at v. counties then at the v. county if the def appere not y e coroner shall giue iudgment that he shal be out of the protectyon of the Queene out of the eyde of the lawe and by such an vtlary in actions personals the party outlawed shall forfayt all his goodes and cattels to the burden or trouble of the goodes for hys ease sake and more spéedy trauaylinge without hu● crye flyeth away and leaueth the goodes or any part of them behynd him c. Then y ● Quéens officer or the Réeue or Bailife to the Lorde of the mannour wythin whose Jurisdictyon or circuit they were left that by prescriptyon or graūt from the Quéene hath the fraunchyse of wayfe may seyse the goods so wayued to their Lordes vse whoe may kéepe them as his owne proprr goods except that the owner come w t fresh suite after the felon and sue an appell or gyue in euidēce against hī at his arrainmēt vpō y ● indictment and be attainted thereof c. In which cases the first owner shall haue restitution of hys goodes so stollen wayued But although as hath bin said waife is properly of goodes stolne yet waife may ●ée also of goods y ● are not stolne as if a man be pursued with hue and crye as a felon and he flieth and leaueth his owne goods c. these shalbée taken as goodes wayued and forfait as if they had byn stolne VVaiue WAiue is a woman that is vtlawed shée is called wayue as left out or forsaken of the law not an vtlawe as a man is For wemen are not sworne in léetes to the Quéene nor to y ● lawe as men are who therefore are within the lawe whereas wemen are not and for y t cause they cannot besaid out of the lawe in so much as they neuer were w tin it But a man is called vtlawe because that hée was once sworne to the lawe and nowe for contempt hée is put out of the lawe and is called vtlaw as one should say without benefite of the lawe VVarwit WArwite or wardwite as some copies haue it that is to be quite of giuing of money for kéepinge of watches VVrecke WReke or varech as the Normans frō whō it cāe cal it is where a ship is perished on the sea and no man escapeth a lyue out of the same and the shippe or part of the shippe so perished or the goodes of the ship come to the lande of any Lorde the lorde shall haue that as a wrecke of the sea but if a man or a dogg or cat escape a liue so y t the party to whōe y ● goodes belonge come w tin a yere and a day and proue the goodes to bée his he shal haue them a gayne by prouision of the statute of Westminster the first cap. 4. made in king Ed. 1. daies who therin followed the decrée of Henry the first before whose dayes if a shippe had bene cast on shore torne wyth tempest and were not repayred by such as escaped on lyue wythin a certeyne tyme that then thys was taken for wrecke FINIS The olde Tenures Seruice de chiualer TO holde by knightes seruice is to holde by homage fealty and escuage and it draweth to it warde mariage reliefe and know thou that knights seruice is seruice of landes or tenementes to beare armes in warre in the defence of the Kealme and it o weth ward mariage by reasō that none is able nor of power nor may haue knowledge to beare armes before y t he be of y e age of 21. yeres And for so much that the Lorde shall not léese that that of ryght hée ought to haue and y t the power of the realme nothinge be made weke The lawe wil because of his tēder age y t y e Lord him shall haue in his ward till the full age of him that is to say xxi yeres Graund serieantie To hold by graund serieanty is as if a man hold certain lands or tenementes of the king to go w t him in hys hoste or to beare hys banner w t him in his warres or to leade hys hoste or such like and thereto belongeth warde mariage and reliefe as it appereth in y e tretise of wards and reliefes in the statute made the 28. of Edwarde the I. Petit Serieantie ¶ To hold by petit serieantie is as if a mā hold of the kinge lands or tementes yelding to him a knife a buckler an Arrowe a Bowe without string or other like seruice at the will of the firste feoffour and there belōgeth not ward mariage ne reliefe And marke well that a man may not holde by graūd nor petit serieantie but of the king Escuage ¶ To holde by escuage is by knight seruice and there belongeth warde mariage and relief And marke wel that a man may not holde by escuage bnt that he hold by homage for that escuage of common ryght draweth to him homage as it was indged Termino H. 21. E. 3. cap. 42. fol. 52. Auowrye 115. And note wel that escuage is a certeine somme of money and it ought to be leuied by the Lord of hys tenaunt after the quantitie of his tenure when escuage runneth by all Englande And it is ordeined by al the coūsell of Englande howe much euery tenant shall geue to his lord that is properly for to maintein the warrrs béetwéene Englande and them of Scotlande or of Wales and not betwene other lands for that that those foresayed landes shoulde bee of right belonginge to the Realme of Englande Homage auncestrel ¶ To holde by homage auncestrel is where I or my aūcestors haue holdē of you of your auncestors frō time out of mind whereof no mynde runneth by homage fealtye and certayne rent And it is not to holde by knightes seruice and there belōgeth not ward maryage nor relyefe And note well that homage maye bée sayed in two manners that is to say homage auncestrell and homage de fayt Homage auncestrell is there where you or your auncestours haue holden of me and myne auncestors duringe the time of mans remēbrance by homage fealty rent Homage de fayt is there where I enfeoffe your selfe to hold of me by homage and rent and in soe much that this homage beginneth by my deede it is called homage de fait And note wel y t homage aū●●strel draweth to him voucher y t is to say warrantie of aūcestours but not homage de fait Curtesie dengleterre ¶ To hold by the