more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a VVrit of entry in le per and a VVrit in the third degree is called a VVrit of entry in le per cui and the fourth form without these degrees is called a VVrit of entry in le postâ—â— that is to say after the disseisin which such a one made to such a one And if any Writ of entry be conceived out of the right case so that one form be brought for another it is abateable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem aut matrem avunculum vel amitam vel cognatum avum vel proavum dicts Petri qui dictum manerium dimisit pro termino qui est elapsus The third form is such Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talâ—s pater vel mater vel alius antecessor aut cognatus idem dimisit cujus haeres est ipse Petrus pro termino qui est elapsus And the form without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic ut supra cujus haeres ille est inde fecit pro termino qui est elapsus And in those four degrees be comprehended all manner Writs of entry which be without certainty and number Thus farre Britton by whom you may perceive that those words solet debet and also those other words in le per in le per cui and in le post which we meet with many times in books shortly and obscurely mentioned do signifie nothing else but divers forms of this Writ applyed to the case whereupon it is brought and each form taking his name from the said words contained in the Writ And of this read Fitzh in his nat br fol. 193. 194. This VVrit of entry differeth from an Assise because it lyeth for the most part against him who entred lawfully but holdeth against Law whereas an Assise lyeth against him that unlawfully disseised yet sometime a VVrit of entry lyeth upon an entrusion Regist orig fol. 233. b. See the new book of Entries verbo Entre brevis fol. 254. colum 3. I read of a VVrit of entry in the nature of an Assise Of this VVrit in all his degrees read Fleta lib. 5. cap. 34. sâ—q Entrusion Intrusio in our Common law signifieth a violent or unlawfull entrance into Lands or Tenements being utterly void of a possessor by him that hath no right nor spark of right unto them Bracton lib. 4. cap. 2. For example if a man step in upon any Lands the owner whereof lately dyed and the right Heir neither by himself or others as yet hath taken possession of them VVhat the difference is between Abator and Intrudor I do not well perceive except an Abatour he be that step peth into land void by the death of a Tenent in Fee and an Entrudor that doth the like into lands c. void by the death of the Tenent for Terms of life or yeers See Fitzh nat br fol. 203. F. The author of the new Terms of Law would have abatement Latined Interpositionem aut intro tionem per interpositionem and to be restrained to him that entreth before the Heir after the decease of a Tenent for life though the new book of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitzhâ—nat br fol. 203. Entrusion de gard is a Writ that lyeth where the Infant within age entred into his his lands and holdeth his Lord on t for in this case the Lord shall not have the VVrit De communi custodia But this Old nat br fol. 90. Enure signifieth to take place or effect to be availeable Example A Release shall enure by way of extinguishment Litleton cap. Release And a Release made to a Tenent for Term of life shal inure to him in the Reversion ER Erius alias Iris is the Flower de lyce whose divers kinds you have expressed in Gerards Herbal lib. 1. cap. 34. The root of this is mentioned among Merchandize or Drugs to be garbled anno 1 Jacob. cap. 19. Ermins seemeth to come of the French Ermine i. mus araneus It signifieth a Furre of great price Erminstreat see Watlingstreat Errant Itinerans cometh of the French Error i. errare or the old word Erre i. Iter. It is attributed to Justices of circuit p. cor fol. 15. and Baylifes at large See Justices in Eyr and Baylife See also Eyr Errour Error cometh of the French Erreur and signifieth more specially in our Common law an error in pleading or in the Proces Brook titulo Errour And thereupon the VVrit which is brought for remedy of this oversight is called a VVrit of error in Latine De errore corrigendo thus definedâ— by Fitzh nat br fol. 20. A VVrit of Error is that properly which lyeth to redresse false judgement given in any Court of Record as in the Common bench London or other City having power by the Kings Charter or prescription to hold Plee of debt See the new book of Entries verbo Error or trespasse above the sum of twenty shillings This is borrowed from the French practice which they call proposition d'erreur VVhereof you may read in Gregorius De appellation pag. 36. In what diversity of cases this VVrit lyeth see the Register original in the Table verb. Errore corrigendo and Register judicial fol. 34. There is likewise a VVrit of Errour to reverse a Fine West parte 2. sect symbol titulo Fines 151. Errore corrigendo See Error ES Escawbio is a license granted to one for the making over of a Bill of Echange to a man over Sea Register Original fol. 194. a. Escape escapium cometh of the French eschapper i. aufugere effugere and signifieth in the Law a violent or prive evasion out of some lawful restraint For example if the Sheriff upon a Capias directed unto him take one and indeavour to carry him to the Gaol and he in the way either by violence or by slight break from him this is called an escape pl. cor fol. 70. Many examples might be brought out of him and others but the thing is plain Stawnf lib. 1. cap. 26. pl. cor nameth two kinds of Escapes voluntarie and negligent Voluntarie is when one arresteth another for Felonie or some other crime and afterwards letteth him go whither he listeth In which escape the party that
sub lege signifieth him that is in some franck pledge of whom take Bractons words li. 3. tract 2. ca. H. nu 5. Minor vero qui infra aetatem duodecim annorum fuerit utlagari non potest nec extra legem pont quiae ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae utlagari non potest quiae ipsa non est sub lege i. Inlowghe anglice sc in franco plegio sive decenna sicut masculus duodecim annorum ulterius c. Inlaughe significat hominem subjectum lege Fleta lib. 1. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the Kings protection and to the benefit or estate of a subject Bracton lib. 3. tract 2. cap. 14. nu 6 7 8. Britton cap. 13. Inmates are those that be admitted to dwell for their money jointly with an other man though in several rooms of his Mansion house passing in and out by one door and not being able to maintain themselves which are inquiral in a Leet Kitchin fol. 45. where you may read him at large who be properly Inmates in intendment of law and who not Imprison anno 18. Ed. 3. statu 4. cap. unico seemeth to signifie so much as an attempt comming of the French Empris which is all one with Enterpris an enterprite Inquirendo is an authority given to a person or persons to inquire into something for the Kings advantage which in what cases it lyeth see the Register original fol. 72.85.124.265.266.179.267 Inquisition Inquisitio is a maner of proceeding in matters criminal by the office of the Judge which Hostiensis defineth thus Inquisitio nihil aliud est quam alicujus criminis manifesti ex bono aequo Judicis competentis canonice facta investigatio ca. qualiter de accusatio in the Decretales this course we take here in England by the great inquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with us used for the King in temporal causes and profits in which kind it is confounded with Office Stawnford praerogativ fol. 51. See office Inrolement Irrotulatio is the Registring recording or entring of any lawful act in the Rolles of the Chancerie as recognisance acknowledged or a Statute or a Fine levied See West parte 2. symbol titulo Fines Sect. 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kind of Thieves in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that liberty did receive in such booties of cattel or other things as the out parters brought in unto them See Out parters Interdiction Interdictio is used in the Common law in the same signification that it hath in the Canon law where it is thus defined Interdictio est censura ecclesiastica prohibens administrationem divinorum c. quod in te de poenitent remiss in the Decretals and thus is it used an 24. H. 8. ca. 12. Interpleder See Enterpleder Intrusion intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est ubi quis cui nullum jus competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem jacentem antequam adita fuerit ab haerede vel saltem à domino capitali ratione custodiae vel ratione eschaetae si forte haeredes non existant vel si post mortem alicujus per finem factum â—â—l per modum donationis ubi successio sibi locum vendicare nonpossit vel si post mortem alicujus qui tenuit ad vitam debeat tenemen um reverti ad proprietarium ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex praedictis causis with whom agreeth Fleta lib. 4. cap. 30. sect 1. 2. See Britton cap. 65. to the same effect See the new book of Entries verb. Entrusion See Entrusion See Disseisin the Author of new Terms of law would have intrusion especially after the tenant for life is deceased Verbo Abatement and abatement in all other cases But I find not any Latine word for Abatement but intrusio so that 1 rather think these two English words to be Synonyma and Fleta cap. supra citato seemeth direct against this his opinion Intrusione is a Writ that lyeth against the Intruder Regist fol. 233. Inventarie inventarium is a description or repertory orderly made of all dead mens goods and Cattels prized by four credible men or more which every Executor or Administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Symb. lib. 2. sect 696. where likewise you may see the form This Inventary proceedeth from the Civil Law for whereas by the antient Law of the Romans the Heir was tyed to answer all the Testators debts by which means heritages were prejudicial to many men and not profitable Justinian to encourage men the better to take upon them this charitable office ordained that if the Heir would first make and exhibite a true Inventary of all the Testators substance comming to his hand he should be no further charged than to the value of the Inventary l. ult Cod. de Jure deliberando Invest investire commeth of the French word Invester and signifieth to give possession Hear Hotoman de verbis feudalibus verbo Investitura Investitura barbarum nomen barbaricam quoque rationem habet Nam ut ait Feudista lib. 2. tit 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with us we use likewise to admit the Tenant by delivering them a verge or rodd into their hands and ministring them an oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure JO Joynder is the coupling of two in a sute or action against another Fitzh nat br fol. 118. H. 201. H. 221. H. in many other places as appeareth in the Index verbo Joynder Joynt tenants fimul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hold Lands or Tenements by one title pro indiviso or without partition Littleton lib. 3. cap. 3. and Terms of Law See Tenants in common Joyning of issue Junctio exitus See Issue Joynture Junctura is a covenant whereby the husband or some other friend in his behalf assureâ—h unto his wife in respect of mariage lands or tenements for term of her life or otherwise See West part 2. Symbol lib. 2. titulo Covenants sect 128. and the new exposition of the law Terms It seemeth to be caled a Joynture either because it is granted ratione juncturae in matrimonio or because the land in Frank mariage is given
their walk And indeed a Lawyer professeth true Philosophy and therefore should not be ignorant if it were possible of either beasts fowls or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the wall And therefore if I have either omitted any hard word within my circuit or set it it down not expounded I give you good leave to impute the one to my negligence the other to mine ignorance and so commend these my pains to your best profit and you unto God November 3. 1607. IO. COWELL The Signification of Words AB ABATE Intrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law used both actively and passively or rather neuterly as to abate a Castle or a Fortlet Old nat br fol. 45. which in Westm 1 cap. 17. is plainly interpreted to be as much as to beat down And to abate a writ is by some exception to defeat or overthrow it Britton cap. 48. And in this Active voice it hath two significations one general another special general as in the former examples and again in Kitchin fol. 173. Abater meason is to ruine or cast down a House especially as in the Old nat br fol. 115. A Stranger abateth that is entereth upon a House or Land void by the death of him that last possessed it before the Heir take his possession and so keepeth him ouâ— Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in between the former possessor and his heir is said to abate In the neuter signification it is used an 34 Ed. 1. stat 2. of joint tenents viz. the writ of the demandant shall abate that is shall be disabled frustrated or overthrown So in Stawnfords pleas of the Crown fol. 148. In this case a man may say that the Appeal abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio commeth also of the French abatement i. dejectio decussio prostratio and likewise used as the verb abate both actively and passively sometime signifying the act of the abator as the abatement of the heir into the Land before he hath agreed with the Lord Old nat br fol. 91. Sometime the affection or passing of the thing abated as abatement of the writ Kitchin fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians Brit. cap. 51. or rather in effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiency of the matter or to the incertainty of the allegation by the misnaming of the Plaintiff Defendant or place to the variance between the Writ and the Speciality or Record to the incertainty of the Writ Count or Declaration or to the death of the Plaintiff or Defendant New Terms of the Law verbo Abatement of Writ And he that will read more of this may look upon the new Book of Entries verbo briefe Abatour Intrusor is he that abateth that is thrusteth into a house or land void by the death of the former Possessor and not yet entred or taken up by his Heir Old nat br fol. 115. Perkins fol. 76. If there be a Disseisor Abator or Intrudor upon any Land by the deceipt of the woman c. Abbat Abbas in French Abbé is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our Common Law is used for him that in the Covent or fellowship of Canons hath the rule and preheminence He is by Justinian novel Constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Archimandrita of others Coenobiarcha vel Archimonachus Hoto in verbis Feuda Of these some here in England were Mitred some not Stowes annals pa. 442. And those that were Mitred were exempted from the jurisdiction of the Diocesan having in themselves Episcopal authority within their precincts and being also Lords of the Parliament Of this kind thus saith Corasius Aliqui Abbates hâ—bent jurisdictionem Episcopalem ad quos cum Ecclesia pleno jure pertineat in corum Monasteriis Episcopus nihil exercet cap. Ea quae Ubi Panor extra de statu Monacho Haec dictus Author in Paraphrasi de Sacerdotio materia parte pri cap. 9. And these were called Abbots soveraign anno 9 R. 2. cap. 4. and Abbots generals as M. Ferne noteth in his glory of generosity pa. 126. The other sort were subject to the Diocesan in all spiritual government cap. Monasteria 18. quaest 2. ca. Abbas ca. visitandi cum quatuor sequentibus ibidem Omnes 16. quaest 7. ca. Cum venerabilis extra de religiosis domibus And as Abbots so were there Lord Priors also who both had exempt jurisdiction and were Lords of the Parliament as appeareth by S. Edwara Cook de jure Ecclesiastico fol. 28. a. Abeyance seemeth to be derived from Abayer i. allatrare to bark at as Dogs do against a Stranger or Spaniels at a Feasant put to the Peark So children are said bayer à la mamme when seeing the dugge they struggle and make means towards it And they likewise bayer aut Pargent qui spe atque animo incumbunt pecuniae This word in Littleton cap. Discontinuance is thus used The right of Fee-simple lyeth in abeyance that is as himself interpreteth all only in the remembrance intendment and consideration of the Law Also in the same place the Frank tenement of the Glebe of the Parsonage is in no man during the time that the Parsonage is void but is in abeyance And again It is a principle in Law that of every land there is Fee-simple in some man or the Fee-simple is in Abeyance Considering these places and comparing them with the signification of the French word I am driven to think that our antient Lawyers would signifie hereby a kind of hope or longing expectance because that those things that be in abeyance though for the present they be in no man yet they are in hope and expectation belonging to him that is next to enjoy them For I find also in the French that unbayard is avidus spectator a greedy beholder I cannot in mine own opinion better compare this than to that which the Civilians call Haereditatem jacentem For as Bracton saith lib. 1. cap. 12. nu 10. Haereditas jacens nullius est bonis ante aditionem Sed fallit in hoc quia sustinet vicem personae defuncti vel quia speratur futur a haeredisas ejus qui adibit So that as the Civilians say goods and lands do jacere whilst they want a Possessor and yet not simply because they had lately one and may shortly have another So the Common Lawyers do say that things in like estate are in abeyance Read farther of this in the new terms of Law and in Plowdens reports casu Walsingham fol. 554. a. Abet Abetare
Saxons pecunia vel tributum See Gyld Genets aliâs Jenets See Furre Gentleman generosus seemeth to be made of two words the one French gentil i. hònestus vel honesto loco natus the other Saxon Mon as if you would say a man well born The Italian followeth the very word calling those gentil homini whom we call Gentlemen The Spaniard keepeth the meaning calling him Hidalgo or Hijo d'algo that is the son of some man or of a man of reckoning The French men call him also gentil homme so that Gentlemen be those whom their blood and race doth make noble and known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek in Latine Nobiles Smith de Repub. Anglor lib. 1. cap. 20. under this name are all comprised that are above Yeomen so that Noblemen be truly called Gentlemen But by the course and custome of England Nobility is either major or minor the greater contains all titles and degrees from Knights upward the lesser all from Barons downward Smith ubi supra cap. 21. The reason of the name as I take it groweth from this that they observe gentilitatem suam that is the race and propagation of their bloud by giving of arms which the common sort neither doth nor may do For by the Coat that a Gentleman giveth he is known to be or not to be descended from those of his name that lived many hundred years since Howbeit that this is neglected where substance faileth to maintain the countenance For many of great birth fall to poverty whose posterity living and labouring in want have small encouragement to look after the titles of their Ancestors and so in time slip into the number of the ignoble sort yet if they by their vertue or fortune can again advance themselves to sufficient ability the Herald out of his observations can restore them to the Coat of their Progenitors and now and then help them to one that their Ancestors never ware Gentiles homines see in Tiraquel de Nobilitate cap. 2. pag. 53. Tully in his Topickes thus saith of this matter Gentiles sunt qui inter se codem sunt nomine ab ingenuis oriundi quorum majorum nemo servitutem servivit qui capite non sunt diminuti And in the first book of his Tusc questions he calleth Tullum Hostilium one of the Kings of Rome gentilem suum General Issue vid. Issue Gestu fama is a Writ Lamb. Eirenarcha lib. 4. cap. 14. pag. 531. GI Gigge milles were for the fulling of Woollen Cloth and forbidden Anno 5 Edward 6. cap. 22. Gild alias Geld gildare cometh from the Saxon word Gildan i. solvere Lamb. in his explication of Saxon words saith verbo Contubernalis It is used as a verb and as a substantive also and as it is a substantive it is latined Gilda and signifieth a Tribute or sometime an amercement or thirdly a Fraternity or Company combined together with orders and laws made among themselves by the Princes license M. Camden citeth many antiquities by which it appeareth to signifie a tribute or tax as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions fol. 191. sheweth it to be an amercement as foot geld and fol. 197. he interpreteth it to be a prestation within the Forest in these words To be quit of all manner of Gelds is to be discharged of all manner of prestations to be made for gathering of sheves of Corn of Lamb and of Wool to the use of Foresters Again M. Camden pag. 349. dividing Suffolk into three parts calleth the first Gildable because tribute is thence gathered the second libertatem S. Edmundi the third libertatem S. Etheldredae And the Statutes anno 27 Ed. 3. Stat. 2. cap. 13. anno 11 H. 7. cap. 9. use Gildable in the same sense and so doth the Statute anno 27 H. 8. cap. 26. From this M. Lamberd ubi supra is likewise perswaded that the common word Gild or Gildhall doth proceed being a Fraternity or Communalty of men gathered into one combination supporting their common charge by a mutual contribution And in the Register original fol. 219. b. I read Gildam mercatoriam that is the Gild Merchant which I have heard to be a certain liberty or privilege belonging to Merchants whereby they are enabled to hold certain plees of Land within their own Precincts This word Gildes or Guildes is so used anno 37 Ed. 3. cap. 51. anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum is used for the fraternity of Easterling Merchants in London called the Stilyard anno 22 Hen. 8. cap. octavo Ginger Zinziber is a spice well known being the root of a plant that groweth in hot Countries as Spain Barbary c. The true form whereof you have expressed in Gerards Herbal lib. 1. cap. 38. This is a spice whose root is to be garbled anno 1 Jacob. cap. 19. Gynny peper piper de Ginnea is otherwise called Indian peper of the place whence it cometh The nature and farther description whereof you have in Gerards Herbal lib. 2. cap. 66. This you have mentioned among druggs and spices to be garbled in the Statute 1 Jacob. cap. 19. Gisarms anno 13 Ed. 1. stat 3. cap. 6. is a kind of weapon Fleta writeth it Sisarms lib. 1. cap. 24. § item quod quilibet GL Glawnce Ore Plowden casu Mines fol. 320. b. Glanvil was a learned Lawyer that was chief Justice in Henry the seconds dayes and writ a Book of the Common laws of England which is the ancientest of any extant touching that subject Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He dyed in Richard the first his dayes at the City of Acres in the Coast of Jury being with him in his voyage to the Holy Land Plowden casu Stowel folio 368. b. GO Go is used sometime in a special signification in our Common law as to go to God is to be dismissed the Court. Brook titulo Fayler de records num 1. Go forward seemeth also to be a sign given by a Judge to the Seargeant or Counsellor pleading the cause of his Clyent that his cause is not good For when he standeth upon a point of Law and heareth those words of the Judges mouth he taketh understanding that he loseth the Action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the Court Kitchin fol. 193. Good behavior See Good abearing Good abearing Bonus gestus is by an especial signification an exact carriage or behaviour of a subject toward the King and his liege people whereunto men upon their evil course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound than to the peace because where the peace is not broken without an affray or batterie or such like this surety de bono gestu may be forefeited by the
Mese See Mease Measn med us seemeth to come from the French maisnè i. minor natu it signifieth in our Common law him that is Lord of a manour and thereby hath Tenents holding of him yet holding himself of a Superiour Lord. And therefore it seemeth not absurdly to be drawn from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and Tenent the Tenent holding of the mesn by the same services whereby the mesn holdeth of the Lord and the Tenent of the mesn is distrained by the superiour Lord for that his service or rent which is due to the Mesn Fitzherbert nat brev fol. 135. See Mesnaltie Mesnaltie medietas cometh of Mesn and signifieth nothing but the right of the Mesntas the Mesnaltie is extinct Old nat br fol. 44. if the Mesnaltie descend of the Tenent Kitchin fol. 147. For farther understanding whereof take these words out of the Custumary of Norm Medietate tenentur feuda quando aliqua persona intervenerit inter Donimum tenentes Et hoc modo tenent omnes postnati mediante ante nato Messenger of the Exchequer is an officer there of which sort there be four in that Court that be Pursuivants attending the lord Treasurer to carry his Letters and Precepts See Pursuivant Mesuage mesuagium is a dwelling house West parte 2. symb titulo Fines Sect. 26. But by the name of a mesuage may passe also a Curtilage a Garden an Orchard a Dove-house a Shop a Mill as parcel of an house as he himself confirmeth out of Bracton lib. 5. cap. 28. Sect. prim and Plowden fol. 199. 170 171. and of himself he avoncheth the like of a Cottage a Tost a Chamber a Celler c. yet may they be demanded by their single names Mesuagium in Scotland signifieth the principal dwelling place or house within a Baronie which in our land is called a Manor house Skene de verb. signific verbo Mesuagium where he citeth Valentine Leigh that in his Book of Survey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or Court Hall thereof to be called Site in Latin called Situs MI Mile miliare is a quantity of a thousand paces otherwise described to contain eight Furlongs and every furlong to contain Forty lugs or poles and every lug or pole to contain 16. foot and a half anno 35 Eliz. cap. 6. Mildervix anno 1 Jacob. cap. 24. Mindbruch is hunting of honour and worship Saxon in his description of England ca. 71. Miniver See Furre Minoverie anno 7 R. 2. ca. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie-work in the Forest as an engine to catch Deer Briton useth the verb meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handie-work It is not unlike that our English manure is abbreviated of the French Mint cometh of the German word meunk i. pecunia moneta and it signifieth with us the place where the Kings Coin is formed be it Gold or Silver which is at this present and long hath been the Tower of London though it appear by divers Stories and other Antiquities that in antient times the Mint hath been also at Caleis an 21 R. 2. cap. 16. an 9 H. 5. stat 5. cap. 5. The Officers belonging to the Mint have not been alwayes alike At this present they seem to be these The Warden who is the chief of the rest and is by his office to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to this function His fee is an hundred pounds per annum The Master-worker who receiveth the Silver from the Warden causeth it to be melted and delivereth it to the moniers and taketh it from them again when it is made His allowance is not any set fee but according to the pound weight The third is the Controller who is to fee that the money be made to the just assise to over-see the officers and controll them if the money be not as it ought to be his fee is one hundred markes per annum Then is the Master of Assay who weigheth the Silver and seeth whether it be according to standard his yeerly fee is also an hundred markes Then is the Auditor to take the accompts and make them up Auditor-like Then is the Surveyor of the melting who is to see the Silver cast out and not to be altered after it is delivered to the Melter which is after the Assay master hath made trial of it Then is the Clerk of the Irons who seeth that the Irons be clean and fit to work with Then the Graver who graveth the stamps for the moneys Then the Smiters of Irons who after they be graven smiteth them upon the money Then the Melters that melt the Bullion before it come to the coyning Then the Blanchers who do aneal boyl and cleanse the money The Porter who keepeth the gate of the mint The Provost of the mint who is to provide for all the moniers and to over-see them Lastly the moniers who are some to sheer the money some to forge it some to beat it abroad some to round it some to stamp or coin it Their wages is not by the day or year but uncertain according to the weight of the money icoyned by them Other officers that have been n former time are said now to be out of use Misaventure or misadventure cometh neer the French mesadventure i. infortunium In out Common law it hath an especial signification for the killing of a man partly by negligence and partly by chance As if one thinking no harm dissolutely throweth a stone wherewith he killeth another or shooreth an arrow c. For in this case he committeth not felony but only loseth his goods and hath pardon of course for his life Stawnf pl. cor lib. 1. ca. 8. Britton ca. 7. distinguisheth between Aventure and misaventure Aventure he maketh to be meere chance as if a man being upon or neer the water be taken with some sodain sicknesse and so fall in and is drowned or into the fire and be burned to death Misaventure hee maketh where a man cometh to his death by some outward violence as the fall of a tree or of a gate the running of a cart-wheel the stroke of a horse or such like So that misaventure in Stawnfords opinion is construed somewhat more largely than Britton understandeth it West parte 2. symbol titulo Inditement sect 48. maketh homicide casual to be meerly casual or mixt Homicide by meer chance he defineth sect 49. to be when a man is slain by meer fortune a gainst the mind of the killer as if one hewing the Axe flieth oft the haft and killeth a man And this is all
Who there citeth the eighteenth chapter of Magna Charta and Glanvile to prove that according to the Common law of England the goods of the deceased his debts first paid should be divided into three parts whereof his wife to have one his chldren the second and the executors the third Fitzherbert saith also that this writ lyeth also as well for the children as for the wife And the same appeareth by the Regist original fol. 142. b. I have heard some learned men say that it hath no use but where the custome of the Country serveth for it See the new book of Entries verbo Rationabili parte rationabili parte bonorum Rationabilibus divisis is a writ which lyeth in case where two Lords in divers towns have their seigneuries joyning together for him that findeth his waste by little and little to have been encroached upon within memory of man against the other that hath encroached thereby to rectifie the bounds of their Seigneuries In which respect Fitzherbert calleth it in his own nature a writ of right The old Natura brevium saith also that this is a Iusticies and may be removed by a pone out of the County to the Common bank See further the form and use of this writ in Fitzherberts natura brevium fo 128. and in the Reg. fo 157. b. and in the new book of Entries verbo rationalibus divisis The Civilians call this Judicium finium regundorum Ravishment raptus commeth of the French ravissement i. direptio ereptio raptie raptus raptura and signifyeth in our law an unlawfull taking away either of a woman of an heir in ward Sometime it is used also in one signification with rape viz. the violent deflowring of a woman See Rape And thereupon is the writ called ravishment de gard otherwise called de haerede abducto lying for the Lord whose tenent by reason of his tenure in Knights service being his ward is taken and conveyed from him See Fitz. nat br in the writ De recto de custodia fo 140. f. See also the old Nat. br fo 92 93 94. See the new book of Entries verb. Rape ravishment de gard Rawe anno 4 Edw. 4. cap. 1. Rawnge commeth of the French ranger i. astituere ordinare or else the substantive ' rang i. ordo series It is used in our Common law both as a verb as to rawnge and also as a substantive as to make rawnge Charta de Foresta cap. 6. The word is appropriated to the Forest signifying the office of the Rawnger The Rawnger is a sworn officer of the Forest of which sort there seem to be twelve Charta de foresta ca. 7. whose authority is partly declared in his oath set down by M. Manwood parte pri of his Forest laws page 50. in these words You shall truly execute the office of a Rawnger in the Purluise of B. upon the borders of the Kings Forest of W. you shall rechase and with your hound drive back again the wild beasts of the Forest as often as they shall raunge out of the same Forest into your Purlieuse You shall truly present all unlawfull hunting and hunters of wild beasts and venery as well within the Purlieuse as within the Forest And these and all other offences you shall present at the Kings next court of Attachments or Swainmote which shall first happen so help you God but the same Author setteth down his office more particularly in his second part cap. 20. num 15 16 17. The sum whereof is this A Rawnger is an Officer of the Forest or to the Forest but not within the Forest having no charge of vert but only of venison that commeth out of the Forest into his charge or part of the pourallee to safe conduct them back again And therefore in those Forests that have no pourallees there to be no Rawngers but Foresters serve the turn This Rawnger is made and appointed by the King his Letters patents under the great seal and for his better encouragement in his duty he hath a yearly fee of twenty pound or thirty pound paid out of the Exchequer and certain fee Deer both red and fallow His office consisteth chiefly in these three points ad perambulan dum quotidie per terras deafforestatas ad videndum audiendum et inquirendum tam de malefactis quam de malefactoribus in Balliva sua ad resugandum feras forestae tam veneris quam chaseae de terris deafforestatis in terras afforestatas et ad praesentandum omnes transgressiones Forestae in terris deafforestatis factas ad poximas curias illius forestae tentas Rawsom see Rausom Ray seemeth to be a word attributed to cloath never coloured or dyed v. anno 11 H. 4. ca. 6. RE Realty see Royalty Reasonable ayd rationabile auxilium is a duty that the Lord of the fee claimeth of his tenants holding by Knights service or in socage to mary his daughter or to make his son Knight West 1. ca. 39. See Ayd See Frook titulo Reasonable ayd Reattachment Reattachiamentum is a second attachment of him that was formerly attached and dismissed the Court without day as by the not comming of the Iustices or some such like casualty Brook tit Reattachment where he maketh Reattachment general and a Reattachment special Reattachment general seemeth to be where a man is reattached for his appearance upon all writs of assise lying against him Brook eodem num 18. Then special must be for one or more certain Register Iudicial fo 35. See the new book of Entries verbo Reattachment Rebellion rebellio is a French word signifying the taking up of arms against the King or present Estate This French commeth from the Latine rebellio which signifieth a second resistance of such as being formerly overcome in battell by the Romans yielded themselves to their subjection The Frenchmen and we use it generally for the traiterous taking up of arms against the Estate be it by natural subjects or by others formerly subdued Read more of this lib. 3. Feudorum ca. 61. and Hotâ—man upon the same Chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a law anno 25 Ed. 3. cap. 6. and anno 31 ejusdem stat 3. cap. 2. Sometime to a Villein disobeying his Lord anno 1 R. 2. cap. 6. Rebellious Assembly is a gathering together of twelve persons or more intending or going about practising or putting in ure unlawfully of their own authority to change any laws or statutes of this present Realm or to destroy the inclosure of any Park or ground inclosed or banks of any fish-ponds pool or conduit to the intent the same shall remain void or to the intent unlawfully to have common or way in any of the said grounds or to destroy the Deer in any Park or any Warren of conies or dove-houses or fish in any ponds or any House Barns Mills or Bays or to burn stacks of corn or to
Reg. orig f. 206 207. Reddioion is a judicial confession and acknowledgement that the land or thing in demand belongeth to the demandant or at the least not to himself a. 34 35 H. 8. ca. 24. Perkins Dower 379 380. Redubhours be those that buy cloath which they know to be stollen and turn it into some other form or fashion Briton cap. 29. Cromptons Viconat fol. 193. a Reentry commeth of the French rentrer i. rursus intrare and signifieth in our Common law the resuming or taking again of possession which we had earst foregone For example If I make a Lease of land or tenement I do thereby forego the possession and if I do condition with the Leassee that for non payment of the rent at the day it shall be lawfull for me to reenter this is as much as if I conditioned to take again the lands c. into mine own hands and to recover the possession by my own fact without the assistance of Iudge or proces Reere County See Rier County Reextent is a second extent made upon lands or tenements upon complaint made that the former extent was partially performed Brook titule Extents fol. 313. Regard regardum is borrowed of the French Regard or regardere i. aspectus conspectus respectus and though it have a general signification of any care or diligence yet it hath also a special acceptance and therein is used only in matters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging to the regarders office or charge Cromptons jurisd fol. 175.199 Toaching the former thus saith M. Manwood parte pri of his Forest laws pag. 198. The Eire general Sessions of the Forest or Justices seat is to be holden and kept every third year and of necessity before that any such sessions or Iustices seat can be holden the Regarders of the Forest must make their Regard And this making of the regard must be done by the Kings writ And the regard is as he afterward there saith to go through the whole horest and every Bayliwick of the same to see and enquire of the trespasses of the Forest which he compriseth in these four viz. ad videndum ad inquirendum ad imbreviandum ad certificandum Of every of which branches you may read there his exposition Touching the second signification the compasse of the Regarders obarge is the whole Forest that is all that ground which is parcel of the Forest For there may be Woods within the limits of the Forest that be no parcel thereof and those be without the Regard as the same Author plainly declareth parte pri pag. 194. and again parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra regardum or Rewardum infra Forestam Regarder regardator commeth of the French Regardeur id est Spectator and signifieth an Officer of the Forest Cromptons jurisdict 153. where it is thus defined A Regarder is an Officer of the Forest appointed to surview all other officers He saith there also that this officer was ordained in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag 188. thus defineth him A Regarder is an Officer of the Kings forest that is sworn to make the regard of the Forest as the same hath been used to be made in antient time And also to view and enquire of all offences of the Forest as well of vert as of venison and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings letters patents or by any one of the Kings Iustices of the forest at his discretion in the general Eyr or at such time as the regard is to be made by vertue of the Kings writ directed to the Shyreeve of the County for that purpose The form of which writ he there setteth down After that pag. 192. he setteth down his Oath in these words You shall truly serve our Soveraign Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such manner as the same hath been accustomed to be made You shall raunge through the whole Forest and through every Bayliwick of the same as the Foresters there shall lead you to view the said Forest. And if the Foresters will not or do not know how to lead you to make the regard or raunge of the Forest that they will conceal from you any thing that is forfeited to the King you your selves shall not let for any thing but you shall see the same forfeiture and cause the same to be enrolled in your roll You shall enquire of all wastes pourprestures and Asserts of the Forest and also of concealments of any offence or trespasse in the Forest and all these things you shall to the uttermost of your power dâ— So help you GOD. Then you may read farther the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be upon their view and so recorded and that the Regarders of themselves have power to hear and determine the fine or amerciament for expeditating of dogs See Regard Regio assensis is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie registrum commmeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with us the office or books or rolls wherein are recorded the proceedings of the Chancery or any Spiritual Court. The writer and the keeper whereof is called the Register in Latine Registrarins Register is also the name of a book wherein are expressed all the forms of writs used at the Common law called the Register of the Chancery Anno 13 Ed. pri cap. 24. Some say it is termed Registrum quasi regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbish an old garment and to make it new again Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sell them the better mentiendi coloris artem optime callebant Martialis Plinius This word in our Common law did antiently signifie such as bought by the great and sold by the retayl Anno 27 Ed. 3. stat prim cap. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or fair or within five miles thereof Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab cap. 12. anno 13 Eliza. cap. 25. See Forestallers and Engrossers Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte quam deberet is a writ judicial Register