LES TERMES DE LA LEY OR Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use expounded and explained Now Corrected and Enlarged With very great Additions throughout the whole Book never Printed in any other Impression Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
Iurors matters in Law by the Iustices matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tried by his Peers without any Oath upon their Honors and Allegiance but in Appeal at the Suit of any Subject they shall be tried per probos legales homines If Ancient Demesne be pleaded of a Mannor and denied this shall be tried by the Record of the Book of Dooms-day in the Exchequer An Apostata shall be certified by the Abbot or other Religious Governor to whom he owed Obedience General Bastardy Excommengement Lawfulness of Marriage Profession and divers other matters Ecclesiastical shall be tried by the Bishops Certificate And a great number of other Trials there are whereof see Coke lib 9. the Case of the Abbot of Scrata Marcella fol. 23. By Witnesses De morte viri in Dower where the Tenant pleads That the Husband of the Demandant is alive Ra â— En. 128. Tronage TRonage is a certain Toll taken for Weighing Westm 2. cap. 25. 13 Edw. 1. Trover TRover is an Action which a Man hath against another that having found any of his Goods refuses to deliver them upon Demand See the Old Book of Entries word Trover Tumbrel TUmbrel see in the Title Cuckingstool and see the Statute of 51 H. 3. cap. 6. for the use of it Turbary TUrbary from the old Latine word Turba which was use â— for a Turf is an interest of digging Turfs upon a Common And you shall find an Assise brought of such a Common of Turbary in 5 Ass pl. 9. 7 E. 3. fol. 43. b. Sheriffs Turn SHeriffs Turne is a Court of Record in all things that pertain to the Turn and it is the Kings Leet through all the County and the Sheriff is Iudge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Turn This Court is to be kept twice in every year once after Easter and again after Michaelmas and that within one moneth after each Feast Anno 31 Edw. 3. cap 15. From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in this Court such as he will at his peril answer for But he cannot prescribe to take any thing for the keeping of his Turn because he is an Officer removeable See Coke l. 4. 33. l. 6. 2. and Daltons Book of Sheriffs tit Sheriffs Turn V. Vacation VAcation See Plenartie Vagabonds VAgabonds are idle and unprofitable men punishable by the Statute 39 Eliz. 4. 1 Jac. 7. 25. Value of Marriage VAlore Maritagii is a Writ that lay for the Lord against his Ward to recover against him the Value of his Marriage at his full age for that he was not Married by his Lord within age And this Writ lay although the Lord never rendered unto the Ward any convenient Marriage See Palmers Case Coke l. 5. f. 126. b. and the Stat. 12 Car. 2. c. 24. Venditioni exponas VEnditioni exponas is a Iudicial Writ directed to the Sheriff to sell Goods seised by a Fleri facias Venew or Visne VEne â— or Visne is a term used in the Statute of 35 H. 8. c. 6. and often in our Books and signifies a Place next to that where any thing that comes to be tried is supposed to be done And therefore for the better discovery of the truth of the matter in Fact upon every Trial some of the Iury must be of the same Hundred or sometimes of the same Parish or Neighborhood in which the thing is supposed to be done who by Intendment may have the best knowledge of the matter See Coke 6 Book f. 14. a. Arundels Case Venire facias VEnire facias it is a Process directed to the Sheriff or to the Coroners if the Sheriff be challenged to summon a Iury to try an Issue joined between party and party or the King and a Subject and it is also a Process upon an Audita Querela or upon an Indictment in the Kings Bench or Venire facias ad computandum against Tenant by Elegit Verderor VErderor is an Officer in the Kings Forrest chosen by the Free-holders of the County where the Forrest is by a Writ directed to the Sheriff to do it as appears by the Books of the Register and of the Nature of Writs and they are called in Latine Viridarli of the word Viridis in English Green in French Verd for a great part of their Office is touching the Verd to wit the Wood and Grass growing in the Forrest for which see more in the Charter and Laws of the Forrest Verge VErge is the Compass about the Kings Court their Bounds the Iurisdiction of the Lord Steward and of the Coroner of the Kings House so that he cannot intermeddle in the County forth of the Verge because his Office extends not thereunto as the Coroner of the County cannot intermeddle within the Verge which is exempted out of his Office by the Common Law And it seems against reason that their Offices and Iurisdictions being several should intermeddle one within the Iurisdiction of the other And this Verge seems to be twelve miles See 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton f. 86. Fleta l. 2. c. 2. Coke l. 4. f. 46. 33 H. 8. c. 12. Verge in another signification is used for a Stick or Rod by which one is admitted Tenant and holding it in his hand takes the Oath of Fealty to the Lord of the Mannor and for that cause is called Tenant by the Verge See Old N. B. f. 17. Littl. l. 1. c. 10. Vert or Verd. VErt comes of the French Verd and signifies with us in the Forrest Laws every thing that doth grow and bears a green Leaf within the Forrest And it is divided into Over Vert and Neather Vert. Over Vert is the Great Woods and Neather Vert is the Vnder Woods There is also in Forrests a Vert called Special Vert and that is all Trees that grow in the Kings own Woods within the Forrest and all Trees that grow there in other Mans Woods if they be such Trees as bear Fruit to feed the Deer which are called Special Vert because the destroying of such Vert is more grievoufly punished then the destruction of other Vert is See Manwoods Forrest Laws c. 6. f. 52. a. Vicountiels VIcountiels are Farms so called for which the Sheriff pays certain Rent to the King and makes the best profit he can of them See the Stat. 33 34 H. 8. c. 16. View VIew is when an Action real is brought and the Tenane knows not well what Land it is that the Demandant asks then the Tenant shall pray
haeredis c. without shewing any certainty in these Writs bnt in the Plaint of the Assise or Demand in the Writ of Dower and in the count in the Writ of Ward the Plaintiff or Demandant is to shew the certainty of the acres or parcels of Land then if the Tenant pleads Nontenure or Ioyntenancy or some other such like Plea to parcel of the Land demanded in abatement of the Writ the Plaintiff or Demandant may abridge his Plaint or Demand to that Parcel that is he may leave out that part and pray that the Tenant may answer the rest to which he hath not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but is generally and notwithstanding the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Accedas ad Curiam ACcedas ad Curiam is a Writ directed to the Sheriff commanding him to go to such a Court of some Lord or Franchise where a Plaint is sued for taking of beasts as a Distress or any false Iudgment is supposed to be made in any Suit in such a Court which is not of Record and that the Sheriff shall there make Record of the said Suit in presence of the Suitors of the same Court and of four other Knights of the County and certiffe it into the Kings Court and at the day that is limited in the Writ This Writ is made out of Chancery and returnable into the Kings Bench or Common Pleas. Accedas ad Vicecomitem ACcedas ad Vicecomitem is a Writ directed to the Coroner commanding him to deliver a writ to the Sheriff who having a Pone delivered him suppresses it Regist orig 8. 3. Acceptance ACceptance is a taking in good part and as it were an Agreeing unto some act done before which might have been undone and avoided if such Acceptance had not been by him or them that so accepted for example if a Bishop before the Statute made 1 Eliz. lease part of the possessions of his Bishoprick for term of years reserving rent and dies and after another is made Bishop who accepts that is takes or receives the Rent when it is due and ought to be paid now by this Acceptance the Lease is made perfect and good which else the new Bishop might very well have avoided The like law is if a man and his wife seised of Land in right of the wife joyn and make a Lease or Feoffment by Deed reserving rent and the husband dies she accepts or receives the rent by this the Feoffment or Lease is made perfect and good and shall bar her of bringing a Cui in vita Accessories ACcessories are of two sorts by the Common Law and by the Statute Law Accessory by the Common Law is also of two sorts the one before the offence is done the other after Accessory before the Fact is he that commends or procures another to do Felony and is not there present himself when the other does it but if he be present then he is called Principal Accessory after the offence is he that receives favours aids assists or comforts any man that hath done any Murther or Felony whereof he hath knowledge Such an Accessory shall be punished and shall have judgment of life and member as well as the Principal which did the Felony but such an Accessory shall never be put to answer that till the Principal be attaint or convict or be outlawed thereupon In Manslaughter a man cannot be Accessory before the fact for Manslaughter ought to ensue upon a sudden debate or affray for if it be premeditated it is Murther Co. l. 4. fo 44. â— But a Woman in such case shall not be Accessory for helping her husband In great or high Treason as well the commanders as the Assisters and receivers are always Principals If a man councels a Woman to murther the child in her body and after the child is born and then is Murthered by the woman in the absence of him that so gave the counsel yet he is Accessory by his counselling before the birth of the Infant and not countermanding it Dyer fo 186. pl. 2. Also one may be Accessory to an Accessory as if one feloniously receive another that is accessory to Felony there the Receiver is an Accessory Accessory by the Statute is such an one as abets counsels or receives any may who commits or hath committed any offence made Felony by Statute For although the Statute doth not make mention of Accessories Abettors c. yet they are included by the interpretation of the said Statutes Stamf. Pl. cor li. 1. c. 45 46 47 48. See more of Accessory in the said Book of Plees lib. 1. cap. 44 59 50. Accompt ACcompt is a Writ and it lies where a Bailiff or Receiver to any Lord or other man who ought to render Accompt will not give his Accompt then he to whom the Accompt ought to be given shall have this Writ And by the Statute of Westm 2. c. 10. if the Accomptant be found in arrerages the Auditors that are assigned to him have power to award him to prison there to abide till he have made satisfaction to the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more receipts than they ought then his next friend that will sue for him shall sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer at a certain day and to warn the Lord to appear there the same day Accord ACcord is an agreement between two at the least to satisfie an offence or Trespass that the one hath made to the other for which he hath agreed to satisfie and content him with some Recompence which if it be executed and performed then because this Recompence is a full satisfaction for the offence it shall be a good bar in Law if the other after the Accord performed should sue again any Action for the same Trespass Note that the first is properly called an Accord the other a Contract Acquital ACquital is where there is a Lord Mesne and Tenant and the Tenant holds of the Mesne certain Lands or Tenements in Frank-almoign Frank-marriage or such like and the Mesne holds over also of the Lord paramount or above him Now ought the Mesne to acquit or discharge the Tenant of all and every manner of Service that any other would have and demand of him concerning the same Lands or Tenements because the Tenant must do his Service to the Mesne only and not to divers Lords for one Tenement or parcel of Land The same Law is where there is Lord Mesne and Tenant as aforesaid and the Mesne grants to the Tenant upon the tenure made between them to acquit and discharge him of all Rents Services and such like This Discharge is called Acquital Like
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
and the issue is â—â— pt forth of her belly alive there he shall not be Tenant by the Curtesie for this ought to begin by the issue and consummate by the death of the woman and the Estate of the Tenant by the Curtesie ought to avoid the immediate discent But if the husband hath issue by his wife and after Land discends to the woman be the issue then dead or alive he shall be Tenant by the Curtesie for the time of the birth of the issue is not material if it be in the life of the woman If Lands be given to a woman and the heirs males of her body and she takes an hu â— band and hath issue a daughter and dies the husband shall not be Tenant by the Curtesie for the issue cannot by any possibility inherit the same Tenements Also as a woman alien marrying one of the Kings subjects shall not be endowed in the same manner a man alien shall not be Tenant by the Curtesie Also if a man seised of Land in right of his wife be attainted of Felony having issue and then purchases the Kings Pardon and after his wife dies there he shall not be Tenant by the Curtesie But if he hath issue by his wife born after the Pardon in such case he shall Curtilage CUrtilage is a Garden Yard Field or piece of void ground lying near and belonging to the Messuage West part 2. sect 26. And so it is used 35 H. 8. c. 4. 39 Eliz. 2 Coke l. 6. fol. 64. Customary Tenants CUstomary Tenants are such Tenants as hold by the Custome of the Mannor as their special Evidence Custome CUstome may be defined to be a Law or Right not written which being established by long use and consent of our Ancestors hath been and dayly is put in practice Custome is either general or particular General is that which is current through England whereof you may read in Doctor and Student l. 1. c. 7. many very worthy to be known Particular is that which belongs to this or that County as Gavelkind to Kent or to this or that Lordship City or Town Custome differs from Prescription because Custome is common to many and Prescription by the opinion of some is particular to this or that man Again Prescription may be for a shorter time than Custome sc for five years or less As if a Fine be duly levied of Lands or Tenements and be not gainsaid within five years this is a Bar to all Claim for ever If a man omits his Continual Claim for a year and a day then the Tenant in possession prescribes an Immunity against the Entry of the Demandant and his Heir Fitzh Nat. Brev. 79. Out of our Statutes you may have greater diversity so that this seems to be a true saying That Prescription is an Exception founded upon so long time gone and past as the Law limits for the pursuit of any Action An example may be taken out of the Statute of 1 H. 8. c. 4. which enacts That in all Actions popular information shall be made within three years after the offence committed otherwise to be of no force Custome is also used for the Tribute or Toll that Merchants pay to the King to carry in and out Merchandizes 14 E. 3. Stat. 1. c. 21. In which signification it is called Custuma in Latine Reg. Orig. 129. a. 138. a. And lastly for such Services as Tenants of a Manor owe unto their Lord. Old Book of Entries word Custome See Consuetud Servitiis Custos Brevium CUstos Brevium is the chief Clerk belonging to the Court of Common Pleas or Kings Bench whose office is to receive and keep all the Writs and to put them upon Files every Return by it self and at the end of every Term to receive of the Prothonotaries all the Records of Nisi prius called the Postea The Custos Brevium also makes entry of Writs of Covenant and the Concord upon every Fine and makes out Exemplifications and Copies of all the Writs and Records in his Office and of all the Fines levied The parts of the Fines after they are ingrossed are divided between the Custos Brevium and the Chirographer whereof the Chirographer keeps always the Writ of Covenant and the Note the Custos Brevium keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causes the Proclamations to be indorsed when they are all proclaimed Custos Rotulorum CUstos Rotulorum is he that hath the keeping of the Rolls or Records of the Sessions of the Peace and as some think of the Commission of the Peace it self Lam. l. 4. c. 3. p. 373. He is always Iustice of the Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Iudge because the Commission of the Peace lays this special Charge by express words upon him That he should cause the Writs Precepts Process and Indictments aforesaid to come and be before him and his fellow-Justices at the days and places aforesaid Gardian of the Spiritualties GArdian of the Spiritualties is he that exercises the spiritual and Ecclesiastical Iurisdiction of any Diocess during the Vacancy of the See the appointment of whom by the Canon Law pertains to the Dean and Chapter lest in the Vacancie of the See some Innovation should be introduced But in Engl. the Archbishop of the Province hath it by Prescription Howbeit many Deans and Chapters a â— M. Gwyn saith in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cuynage CUynage is a word used in the Statute of 11 H. 7. c. 4. for the making up of Tinne into that fashion as it is used to be framed for the better carriage of it into other parts D. Dammage DAmmage is part of that which the Iurors are to enquire of in giving their Verdict for the Complainant or Demandant in an Action real or personal For after the Verdict given upon the principal matter they are also asked their Consciences touching Costs which are the Expences of the Suit and Dammages which contain the prejudice which the Plaintiff or Demandant hath suffered by means of the wrong doue him by the Defendant or Tenant And forasmuch as Iustice and Reason require that when the life credit lands goods corruption of bloud and all that a man hath to forfeit in this world are put in peril without just cause but only upon the malicious Accusation of another by Appeal that the Appellee should have satisfaction therefore against his false Accuser and if he hath not sufficient then against him or them that abbetted or procured him to pursue the Appeal Therefore the Common Law gave Dammages to the Defendant in an Appeal and assigned him a means for the recovery thereof when he was acquitted of the Felony as it is 48 E. 3. 22. But forasmuch as the Dammages against the Procurors and Abbettors were to be recovered
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
hath or might have against him Bracton l. 5. tract 5. ca. 9. nu 9. Quo jure QUo jure is a Writ that lies where a man hath had Common of Pasture in anothers Several within the time of memory then he to whom the Several belongs shall have this Writ to charge him to shew by what Title he claims the Common Quo minus QUo minus is a Writ that lies where a man hath granted to another Housebote and Heybote in his wood and the Grantor makes such waste and destruction that the Grantee cannot have his reasonable Estovers then the Grantee shall have the aforesaid Writ which is in nature of a Writ of Waste And note that Housebote is certain Estovers to mend the House and Heybote certain Estovers to mend Heyes and Hedges There is another Writ called a Quo â— inus in the Exchequer which any Termor or Debtor to the king shall have against any other for Debt or Trespass in the Excheques Office called the Common Pleas by which the Plaintiff shall surmise that for the wrong which the Defendant doth him he is less able to pay the King his Debt or Term which is surmised to give Iurisdiction to the Court of Exchequer to hear and determine the cause of the Suit between them which otherwise should be determined in another Court Quo warranto QUo warranto is a Writ that lies where a man usurps to have any Franchise upon the King then the King shall have this Writ to make him come before his Iustices to shew by what Title he claims such Franchise Quod ei deforceat QUod ei deforceat is a Writ that lies where Tenant in Tail Tenant in Dower or Tenant for Life loses by Default in any Action then he shall have this Writ against him that recovers or against his Heir if he think he hath better right than he who recovered See the Statute West 2. cap. 4. Quod permittat QUod permittat is a Writ that lies where a man is disseised of his Common of Pasture and the Disseisor aliens or dies seised and his Heir enters then if the Disseisee die his Heir shall have this Writ Quod permittat Habere Chiminum Rast Entr. 538. Co. Entr. 526. Estoverium turbarum F. N. B. 124. Passagium ê‘ aquam Rast Entr. 538. Liberam chaceam 2 Institut 654. Liberum raurum F. N. B. 124. Liberam faldam Ibid. 6. E. 4. 1. Liberam piscar c. Ibidem Prosternere Domum murum sepem 5 Coke 100. Ripam c. 9 Coke 53. R. Ran. RAn signifies so open a Spoiling of a man that it cannot be denied Lambert Arch. fol. 125. Ranger RAnger comes from the French word Rang that is Ordo vel Series and signifies an Officer of the Forrest that is appointed to walk every day through the Purlieu whereof he is Ranger to drive back the wilde Beasts into the Forrest again to see hear and inquire of Offenders there and to present their Offences See Manwood cap. 20. fol. 185. c. Ransome RAnsome signifies properly the Sum that is paid for the redeeming of one that is taken Captive in War But it is also for a Sum of money paid for the pardoning of some great Offence as in the Statute of 1 H. 4. cap. 7. and in other Statutes Fine and Ransome going together 23 H. 8. cap. 3. and elsewhere Rape RApe hath two significations The first is when it is taken for part of a County as Sussex is divided into six parts which by a peculiar name are called Rapes Cambd. Britan. pag. 225. and these parts in other Countries are called Hundreds Tithings Lathes or Wapentakes In the other sense it is the violent Deflouring a Woman against her will and this offence is Felony as well in the Principal as in his Aidors See 11 H. 4. c. 13. 1 Ed. 4. c. 1. West 2. c. 13. CroÌ„pt Just of Peace f. 43 44. Rationabili parte bonorum RAtionabili parte bonorum is a Writ that lies for the Wife against the Executors of her Husband to have the third part of his Goods after Debts paid and Funeral expences discharged But whether this Writ lies by the Common Law or only by the Custom of some Countries is a question in our Books See F. N. B. fol. 122. L. Rationabilibus divisis RAtionabilibus divisis is a Writ that lies where there are two Lordships in divers towns and one nigh the other and any parcel of one Lordship or Waste hath been incroched by little parcels then the said Lord from whom the parcel of Ground or Waste hath been incroched shall have this Writ against the Lord that hath so incroched Ravishment de Gard. RAvishment de Gard is a Writ that lies for the Gardian by Knights Service or in Soccage against him that takes from him the Body of his Ward And of this see F. N. B. fol. 140. E. c. Rebutter REbut â— er is when one by Deed or Fine grants to warrant any Land or Hereditament to another and he who made the Warranty or his Heir s â— es him to whom the Warranty is made or his Heir or Assignee for the same thing now if he who is so sued pleads the said Deed or Fine with Warranty and demands Iudgment if the Plaintiff shall be received to demand the thing which he ought to warrant against that Warranty by Fine or Deed aforesaid comprehending such Warranty such Pleading of the Warranty is called a Rebutter This word is also a denomination of a Plea which followeth a Rejoynder And after the Rebutter followeth the Surrebutter See Cokes Entries fol. 284. Recaption REcaption is a second Distress of one former distrained for the self-same cause and that during the Plea grounded upon the former Distress It is also the name of the Writ or Remedy that the Law gives him who is thus twice distrained for one thing the form and use of which Writ you may see in Fitz. N. B. fol. 71. E. c. Recluse REcluse is one that by reason of his Order in Religion may not stir or depart out of his House or Cloister And of such Littleton speaks sect 434. Recognizance REcognizance is an Obligation made before a Master of the Court of Chancery for a Debt or to perform Covenants or an Order or Decree of the Court upon which an Extent issues if the Condition be not performed But no Capias lies upon it against the Cognizors or his Executors Quaere vide 2 Len. 84. Recordare REcordare is a Writ directed to the Sheriff to remove a Cause out of an inferior Court as a Court of Ancient Demesne Hundred Court or County Court into the Kings Bench or Common Pleas. And of this see Fitz. N. B. fol. 70. B. Record REcord is a Writing or Parchment wherein are Enrolled Pleas of Land or Common Pleas Deeds or Criminal Proceedings in any Court of Record But in Courts not of Record as Admiralty Courts Christian Courts Baron c. Their