Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
Licence granted at the Custom-house to Merchants or others to carry over such Stores or Provision as are necessary for their Voyage Custom-free Bill of Sufferance Is a Licence granted at the Custom-house to a Merchant to suffer him to trade from one English Port to another without paying Custom Anno 14 Car. 2. cap. 11. Billa vera Lat. The Bill is true The Grand Enquest Empanelled and sworn before the Justices of Eyre c. Endorsing a Bill whereby any crime punishable in that Court is presented to them with these two words signifie thereby that the presentor hath furnished his presentment with probable Evidence and worthy further consideration Whereupon the party presented is said to stand indicted of the Crime and tied to make answer to it either by confessing or traversing the Indictment And if the Crime touch his Life it is yet referred to another Enquest called the Enquest of Life and Death by whom if he be found guilty then he stands convict of the Crime and is by the Judge to be condemned to Death See Ignoramus and Indictment Billets of Gold Fr. Billot Wedges or Ingots of Gold mentioned 27 Edw. 3. Stat. 2. cap. 14. Bissextile Bissextilis Leap-year so called because the sixth Calends of March are in that year twice reckoned viz. On the 24 25 of February So that Leap-year hath one day more than other years and is observed every fourth year being first devised by Julius Caesar to accommodate the year with the course of the Sun And to prevent all doubt and ambiguity that might arise hereupon it is provided by the Statute de Anno Bissextili 21 Hen. 3. That the day increasing in the Leap-year and the day next before shall be accounted for one day c. Britton fol. 209. and Dyer 17 Eliz. 345. Birlaw See Bilaw and Byrlaw Black maile Fr. Maille i A Link of Mail or a small piece of Metal or Money Signifies in the Counties of Cumberland Northumberland and Westmerland a certain rate of Money Corn Cattle or other consideration paid to some inhabiting upon or near the borders being persons of name and power allied with certain Moss-Troopers or known Robbers within the said Counties to be thereby by them freed and protected from the danger of those Spoil-takers Anno 43 Eliz. cap. 13. See Mail. Black Rod or Gentleman-Usher of the Black Rod is cheif Gentleman Usher to the King He is called in the Black Book fol. 255 Lator virgae nigrae and Hostiarius and elswhere Virgi-bajulus His duty is Ad port andam Virgam coram Domino Rege ad Festum Sancti Georgii infra Castrum de Windesore He hath also the keeping of the Chapter-house Door when a Chapter of the Order of the Garter is sitting and in the time of Parliament attends on the House of Peers He hath a like habit with the Register of the Order and Garter King of Arms which he wears at the Feast of S George and all Chapters He bears a Black Rod on the top whereof sits a Lion Gold which Rod is instead of a Mace and hath the same power and authority His Fee is now 30 l. per annum This Officer hath been anciently constituted by Letters Patent under the Great Seal Blade Bladum Fr. Bled Nostro foro de segete tantum intelligitur praesertim etiam in herba Spel. But the Saxon Blaed signifies more generally Fruit Corn Hemp Flax Herbs c. or the Branches or Leaves of Trees or Herbs Universis Wil. de Mohun salutem Sciatis me relaxasse quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr Salvo mihi instauro meo blado c. sine dat i. e. Excepting my Stock and Corn on the Ground Hence Bladier is taken for an Ingrosser of Corn or Grain Sciant quod ego Willielmus Alreton consensu voluntate Beatriciae Uxoris meae Dedi Agathae Gille pro duabus Marcis Argenti una mensura bladi duas solidatas reditus in villa Leominstr illas scil quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis Feodum Johannis Rading Habend c. sinc dat Ex libro Cartar Priorat Leominstriae Blancks Fr. Blanc i. candidus A kinde of Money coyned by King Henry the Fifth in the parts of France which were then subject to England the value whereof was 8 d. Stows Annals pag. 586. These were forbidden to be current in this Realm 2 Hen. 6. cap. 9. The reason why they were called Blanks was because at the time these were coyned in France there was also a piece of Gold coyned called a Salus from which this of Silver was in name distinguished by the colour Blanck-Bar Is the same with that we call a Common Bar and is the name of a Plea in Bar which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed It is most used by the practisers in the Common Bench for in the Kings Bench the place is commonly ascertained in the Declaration Croke 2 Part. fol. 594. Blench To hold Land in Blench is by payment of a Penny Rose Pair of Gilt Spurs or such like thing if it be demanded In name of Blench i. Nomine albae firmae See Alba firma Blockwood See Logwood Blomary Anno 27 Eliz. cap. 19. The first Forge man Iron Mill through which the Iron passeth before it comes to the Finary Bloated Fish or Herring Anno 18 Car. 2. cap. 2. Are those which are half-dried Bloudy-hand See Backberend Bloudwit or Blodwite compounded of two Saxon words Blod i. sanguis and wita mulcta Is a word used in ancient Charters of Liberties and signifies an Amercement for shedding Blood so that whosoever had it given him in his Charter had the penalty due for Blood-shed Skene writes it Bloudveit and says veit in English is injuria and that Bloudveit is an Amerciament or unlaw as the Scotch call it for wrong or injury as Bloodshed is For he that hath Bloodveit granted him hath free liberty to take all Amerciaments of Courts for Effusion of Blood Fleta says Quod significat quietantiam misericordiae pro effusione sanguinis Lib. 1. cap. 47. Blodwite i. Si aliqui pugnantes ad invicem in Rudnam extraxerint sanguinem Prior habebit inde amerciamenta in Curia sua Ex Reg. Priorat de Cokesford Blubber Anno 12 Car. 2. cap. 18. A kinde of Whale-Oyl so called before it is throughly boiled and brought to perfection Boc-hord Sax. A place where Books Evidences Writings or other like Monuments are kept as the Rolls quasi Librorum horreum Bocland Sax. Terra haereditaria vel testimentalis quasi Book-land A Possession an Inheritance a Territory Farm or House with Land belonging to it held by Evidence in Writing Bocland verò ea possidendi transferendique lege coercebatur ut nec dari licuit nec vendi sed haeredibus
lib. 5. fol. 98. And on Littl. fol. 235. In the Old Law the Woman divorced was to have of her husband a writing as S. Jerome and Josephus testifie to this effect I promise that hereafter I will lay no claim to thee which was called A Bill of Divorce Docket Is a Brief in Writing Anno 2 3 Ph. Ma. cap. 6. West writes it Dogget by whom it seems to be some small peece of Paper or Parchment containing the effect of a greater Writing Symbol par 2. tit Fines sect 106. To do Law Facere Legem Is as much as to make Law Anno 23 Hen. 6. cap. 14. See Make. Dogdraw Is a manifest deprehension of an Offender against Venison in a Forest when he is found drawing after a Dear by the scent of a Hound led in his hand There are four of these noted by Manwood par 2 cap. 18. num 9. viz. Stablestand Dogdraw Back bear and Bloodihand Dogger A kinde of little Ship Anno 31 Edw. 3. stat 3. cap. 1. All the Ships called Doggers and Landships c. Dogger-fish Ibidem cap. 2. Seems to be Fish brought in those Ships to Blackness Haven c. Dogger-men 25 Hen. 8. cap. 4. Sea-men that belong to Dogger-ships Dogget See Docket Doitkin Was a kinde of base Coyn of small value prohibited by the Stat. 3 Hen. 5. cap. 1. Hence we still retain the phrase Not worth a Doitkin Dole Dola Sax. doel Pars portio a doelan dividere distribuere Is a part or portion most commonly of a Meadow so called to this day As Dole-Meadow Anno 4 Jac. cap. 11. where several persons have shares In le Suthmede i. prato australi habet Prior per sortem illam quae vocatur Crumddprest tres Dolas sicut sors illa cadit Et in qualibet Dola habet 4 Polas sive octo andenas i. Swaths jacentes simul Lib. Priorat Dunstable cap. 5. Dolefish Seems to be that Fish which the Fisher-men yearly employed in the North-Seas do of Custom receive for their allowance or shares See the Stat. 35 Hen. 8. cap. 7. Dolg-bote Sax. A recompence amends or satisfaction made for a Scar or Wound Sax. Dict. LL. Aluredi Regis cap. 23. Dolgbot legitur Dom-boc Sax. Liber judicialis Legg Edovardi Regis senioris cap. 8. Bede swa Dom-boc taece i. Compenset sicut Liber judicialis statuerit Some Book of Statutes or Decrees proper to the English Saxons such haply as that wherein the Laws of former Saxon Kings were contained That Chapter seeming to refer to the Laws of King Ina cap. 29. Domesday or Domesdei Liber Judiciarius aliàs Censualis Angliae Comes from the Saxon dom i. Judgment not Domus Dei as some Authors have it is a Book which now remains in the Exchequer containing two great Volumes It was made in William the Conquerors time according to Camden in his Britannia who proves it out of Ingulphus that flourished in the same time and whose words are Totam terram descripsit nec erat Hyda in totā Angliā quin valorem ejus possessorem scivit nec lacus nec locus aliquis quin in Regis Rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor Regiae notitiae manifestatus juxta taxatorum fidem qui electi de qualihet patriâ territorium proprium describebant Iste Rotulus vocatus est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia Tenementa totius terrae continuit Domesday cognominatur So it is called in the Stat. 1 Rich. 2. cap. 6. And in Ockams Lucubrations de fisci Regis ratione which seems to be taken out of Liber Rubeus in the Exchequer It is called Liber Judiciarius Quia in eo totius Regni descriptio diligens continetur singulorumque fundorum valentia exprimitur And Domesday as Gervas Tilbur says Non quod in eo de propositis aliquibus dubiis feratur sententia sed quod a praedicto Judicio non liceat ulla ratione discedere It was begun in the year 1081. and finished 1086. Camden calls it Gulielmi librum Censualem the tax-Tax-Book of William See more if you please in Spelm. Gloss and 4 Inst fol. 269. I finde it also written Domesdey in an ancient Record Domicellus and Domicella John of Gaunt Duke of Lancaster had by Katherine Swinford before marriage four illegitimate Children viz. Henry John Thomas and Joan and because they were born at Beaufort in France they were vulgarly called Henry de Beaufort c. John before 20 Rich. 2. was Knighted and Henry became Priest At the Parliament holden 20 Rich. 2. the King by Act of Parliament in form of a Charter did legitimate these Children Rex Charissimis consanguineis nostris nobilibus viris Johanni Militi Henrico Clerico Thomae Domicello ac dilectae nobis nobili mulieri Johannae Beaufort Domicellae Gormanis praecharissimi Avunculi nostri Johannis Ducis Lanc. natis ligeis nostris salutem c. Teste Rege apud Westm 9. dic Febr. per ipsum Regem in Parliamento In this Act says Sir Edw. Coke 4 Inst fol. 37. the said Thomas before his Legitimation could not be called Esquire and therefore had the Addition Domicello derived of the French word Domoicel which says he signifies a young Soldier not yet Knighted or nobly born c. which is a mistake for there is no such French word as Domoicel but Damoisel nor can Domicellus properly be derived from thence but is an obsolete Latin word and anciently given as an Appellation or Addition to the Kings natural Sons in France and sometimes to the eldest Sons of Noblemen there from whence doubtless we borrowed the words See Spel. Gloss verbo Domicellus Tidemannus permissione Divina Wigorn. Episcopus dilecto in Christo filio Johanni de Fulwode nostrae Dioc. Domicello salutem Dat. 7 Febr. 19 Rich. 2. Here it is used to a private Gentleman as Lord of a Mannor Dominica in Ramis Palmarum Palm-Sunday Md. quod ego Henricus de Erdington feci Homagium fidelitatem Domino Will. de Stafford apud Bromshulf in Com. Staff dic Mercurii prox ante Dominicam in Ramis Palmarum Anno Regni Regis Edw. xxiii pro terris tenementis quae teneo in villa de Hunstanscote in Com. War c. Domo Reparanda Is a Writ that lies for one against his neighbor by the fall of whose House he fears damage to his own Reg. of Writs fol. 153. In which Case the Civilians have the Action De damno infacto Donative Donativum Is a Benefice meerly given and collated by the Patron to a Man without either Presentatiou to or Institution by the Ordinary or Induction by his command Fitz. Nat. Br. fol. 35. E. See the Stat. 8 Rich. 2. c. 4. And where a Bishop hath the gift of a Benefice it is properly called a Donative because he cannot present to himself Petrus Gregorius de Beneficiis cap. 11. num 1. hath these words If Chappels founded by
Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit 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 authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
other Offendors there arraigned or indicted upon any publick crime He is otherwise termed Clerk of the Crown Office And Anno 2 Hen. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of Assise Clericus Assisorum Is he that writes all things judicially done by the Justices of Assise in their Circuits Cromp. Jurisd fol. 227. Clerk of the Chest Anno 16 Car. 2. c. 5. Keeps an accompt of the Moneys collected and kept in a Chest for the use of sick and maimed Seamen and Mariners Clerk of the Estreats Clericus Extractorum Is a Clerk belonging to the Exchequer who Termly receives the Estreats out of the Lord Treasurers Remembrancers Office and writes them out to be levied for the King He also makes Schedules of such sums estreated as are to be discharged See the Practice of the Exchequer pag. 82. Clerk of the Pell Clericus Pellis Is a Clerk belonging to the Exchequer whose Office is to enter every Tellers Bill into a Parchment Roll called Pellis Receptorum and also to make another Roll of Payments which is called Pellis Exituum wherein he sets down by what Warrant the Money was paid This Officer is called in ancient Records Clericus Domini Thesauri Clerk of the Warrants Clericus Warrantorum Is an Officer belonging to the Court of Common Pleas who entreth all Warrants of Atturney for Plaintiff and Defendant and inrols all Deeds of Indentures of Bargain and Sale which are acknowledged in the Court or before any Judges out of the Court. And he Estreats into the Exchequer all Issues Fines and Amerciaments which any way grow due to the King in that Court and hath a standing Fee of Ten pounds of the King for making the same Extreats See Fitzh Nat. Br. fol. 76. Clerk of the Pettibag Clericus Parvae bagae Is an Officer of the Chancery of which sort there are three and the Master of the Rolls their cheif Their Office is to record the Return of all Inquisitions out of every Shire to make all Patents of Customers Gangers Comptrollers and Aulnegers all Conge de Eslires for Bishops all Liberates upon Extents of Statute Staples the recovery of Recognisances forfeited and all Elegits upon them the Summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and others of every Shire for Assessing Subsidies Writs for the nominations of Collectors for Fifteenths and all Traverses upon any Office Bill or otherwise to receive the Fees for Homages due to the Lord Great Chamberlain of the Nobility Bishops c. This Officer is mentioned 33 Hen. 8. cap. 22. Clerk of the Kings Great Wardrobe Clericus Magnae Garderobae Regis Is an Officer of the Kings House that keeps an Accompt or Inventary in Writing of all things belonging to the Kings Wardrobe Mentioned Anno 1 Edw. 4. cap. 1. Clerk of the Market Clericus Mercati Hospitii Regis Is an Officer of the Kings House Anno 1 Edw. 4. cap. 1. and Anno 13 Rich. 2. cap. 4. whose duty is to take charge of the Kings Measures and to keep the Standards of them that is The examples of all the Measures that ought to be through the Land As of Elns Yards Lagens Quarts Pottles Gallons c. Of Weights Bushels and such like and to see that all Measures in every place be answerable to the said Standard Fleta lib. 2. cap. 8 9 10 11 12. Of which Office as also of our diversity of Weights and Measures you may there finde a Treatise worth the reading Britton also in his 30 Chap. saith in the Kings Person to this effect We will that none have Measures in the Realm but we our selves but that every Man take his Measures and Weights from our Standards And so goes on with a Tractat of this matter that well shews the ancient Law and Practice in this point Touching this Officers duty you have also good Statutes Anno 13 Rich. 2. cap. 4. and Anno 17 Car. 1. cap. 19. See 4 Inst fol. 273. Clerk of the Kings Silver Clericus Argenti Regis Is an Officer belonging to the Court of Common Pleas to whom every Fine is brought after it hath been with the Custos Brevium and by whom the effect of the Writ of Covenant is entred into a paper-Paper-Book and according to that Note all the Fines of that Term are also recorded in the Rolls of the Court. And his Entry is in this form He puts the Shire in the Margin and then saith A. B. dat Domino Regi dimidium marcam or more according to the value pro licentia concordandi cum C. D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the Peace Clericus Pacis Is an Officer belonging to the Sessions of the Peace His duty is in the Sessions to read the Endictments to enrol the Acts and draw the Process To record the Proclamations of Rates for Servants Wages to enrol the discharge of Apprentices to keep the Counterpart of the Indenture of Armor to keep the Register Book of Licenses given to Badgers and Laders of Corn and of those that are Licensed to shoot in Guns and to certifie into the Kings Bench Transcripts of Indictments Outlaries Attainders and Convictions had before the Justices of the Peace within the time limitted by Statute Lamberts Eiren. lib. 4. cap. 3. fol. 379. Clerk of the Signet Clericus Signeti Is an Officer attendant continually on His Majesties Principal Secretary who always hath the custody of the Privy Signet as well for sealing His Majesties private Letters as also such Grants as pass His Majesties Hand by Bill signed Of these there are four that attend in their course and have their diet at the Secretaries Table More largely you may read of their Office in the Statute made Anno 27 H. 8. cap. 11. Clerk of the Privy Seal Clericus Privati Sigilli There are four of these Officers that attend the Lord Privy Seal or if none such the Principal Secretary writing and making out all things that are sent by Warrant from the Signet to the Privy Seal and are to be passed to the Great Seal as also to make out as they are termed Privy Seals upon any special occasion of His Majesties affairs as for Loan of Money and such like Of this Officer and his Function you may read the Statute 27 H. 8. cap. 11. He that is now called the Lord Privy Seal seems in ancient time to have been called Clerk of the Privy Seal and to have been reckoned notwithstanding in the number of the great Officers of the Realm Read the Statute 12 Rich. 2. cap. 11. Clerk of the Juries or Jurata Writs Clericus Juratorum Is an Officer belonging to the Court of Common Pleas who makes out the Writs called Habeas Corpora and Distringas for appearance of Juries either in Court or at the Assises after the Jury or Panel is returned upon the Venire facias He
Action Continual Claim Is a Claim made from time to time within every year and day to Land or other thing which in some respect we cannot attain without danger As if I be disseised of Land into which though I have a right I dare not enter for fear of beating it behoves me to hold on my right of Entry at my best opportunity by approaching as neer it as I can once every year as long as I live and so I save the right of Entry to my Heir See more in Littleton verbo Continual Claim and the New Book of Entries ibidem And Fleta lib. 6. cap. 53. Continuando Is a word used in a special Declaration of Trespass when the Plaintiff would recover damages for several Trespasses in the same Action For to avoid multiplicity of Sutes a Man may in one Action of Trespass recover damages for forty or more Trespasses laying the first to be done with a Continuance to the whole time in which the rest of the Trespasses were done and is in this Form Continuando transgressionem praedictam c. 〈◊〉 praedictâ— die c. Usque such another day including the last Trespass Contours See Countors Contrabanded Goods from contra and the Ital. Bando an Edict or Proclamation Are those which are prohibited by Act of Parliament or Proclamation to be imported into are exported out of this or other Nations Contract Contractus Is a Covenant or Agreement between two with a lawful Consideration or Cause West pa. 1. Symb. lib. 1. sect 10. As if I sell my Horse for Money or Covenant in consideration of 20 l. to make you a Lease of a Farm these are good Contracts because there is Quid pro quo Usurious Contract Is a Contract to pay more interest for any Money then the Laws and Statutes of this Realm allow It is a Devastavit in an Executor to pay a Debt upon an Usurious Contract Noys Reports fol. 129. Contrafaction Contrafactio A Counterfeiting As Contrafactio sigilli Regis Contra formam Collationiâ— Was a Writ that â—ay against an Abbot or his Successor for him or his heir who had given Land to an Abbey for certain good uses and found a Feofment made thereof by the Abbot with assent of the Tenants to the Disâ—â—herison of the House and Church This was founded on the Statute of Westm 2. cap. 41. See Reg. of Writs fol. 238. and Fitz. Nat. Br. fol. 210. Contra formam Feoffamenti Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements by Charter of Feoffinent of a Lord to make certain Services and Sutes to his Court and is afterward distrained for more then is contained in the said Charter Reg. of Writs fol. 176. Old Nat. Br. fol. 162. Contributione facienda Is a Writ that lies where more are bound to one thing and one is put to the whole burden Fitzh Nat. Br. fol. 162. brings these examples If Tenants in Common or Joynt hold a Mill Pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute towards its reparation the rest shall have this Writ to compel them And if there be three Coparceners of Land that ow sute to the Lords Court and the eldest performs the whole then may she have this Writ to compel the refuser to a Contribution Old Nat. Br. fol. 103. frames this Writ to a Case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by Distress as intirely as if all were still in one See Reg. of Writs fol. 176. Controller Fr. Contrerolleur We have divers Officers of this name as Controller of the Kings House Anno 6 Hen. 4. cap. 3. Controller of the Navy 35 Eliz. cap. 4. Controller of the Custom Cromp. Jurisd fol. 105. Controller of Calis 21 Rich. 2. cap. 18. Controller of the Mint 2 Hen. 6. cap. 12. Controller of the Haâ—per Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time and upon Seal days Hia Office is to take all things sealed from the Clerk of the Hanaper inclosed in Bagâ— of Leather and to note the just number and effect of all things so received and enter the same in a Book with all the duties appertaining to His Majesty and other Officers for the same and so charges the Clerk of the Hanaper with it Controller of the Pipe Is an Officer of the Exchequer who writes out Summons twice every year to the Sheriffs to levy the Farms and Debts of the Pipe and keeps a Controlment of the Pipe and was anciently called Duplex Ingrossator Controller of the Pell Is also an Officer of the Exchequer of which sort there are two viz. The two Chamberlains Clerks that do or should keep a Controlment of the Pell of receipts and goings out This Officer was originally one who took notes of any other Officers accounts or receipts to the intent to discover him if he dealt amiss and was ordained for the Princes better security for proof whereof read Fleta lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3. Controvor Fr. Controuveur He that of his own head devises or invents false bruits or feigned news 2 Inst fol. 227. Convenable Fr. Agreeable suitable convenient or fitting Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Covenable Conventicle Conventiculum A little private Assembly or Meeting for exercise of Religion first attributed in disgrace to the Schools of Wickcliff in this Nation above 200 years since and now applied to the Illegal Meetings of the Non-conformists and is mentioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4. Conventio Is a word much used both in Ancient and Modern Law-pleadings for an Agreement or Covenant For example take this pleasant Record Ex libro Rotulorum Curiae Manerii de Hatfield juxta Insulam de Axholme in Com. Ebor. Curia tenta apud Hatfield die Mercurii Prox o post Festum Anno xio. Edw. 3 tii RObertus de Roderham qui optulit se versus Johannem de Ithen de eo quod non teneat Conventionem inter eos factam unde queritur quòd certo dio anno apud Thorne conveniâ— inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedictâ— Roberto Diabolum ligatum in quodam ligamine pro iiid. ob super praedictus Robertus tradidit praedicto Johanni quoddam obolum-earles i. earnest-money per quod proprietas dicti Diaboli commoratur in persona dicti Roberti ad habendam deliberationem dicti Diaboli infra quartam diem prox ' sequent Ad quam diem idem Robertus venit ad praefatum Johannem petit deliberationem dicti Diaboli sâ—â—undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
most part not required Knight Marshal Mareschallus Hospitii Regis Is an Officer of the Kings House having jurisdiction and cognizance of any transgression within the Kings House and verge of it as also of contracts made within the same house whereto one of the House is a party Reg. of Writs fo 185. a. and 191 b. and Spelmans Glossar in voce Marescallus Knight-service servitium militare Was a tenure whereby several Lands in this Nation were held of the King which drew after it Homage and Service in Warr Escuage Ward Marriage c. but is taken away by Stat. 12 Car. 2. ca. 24. In Domesday book some Land holden by Knights service is called Tainland and land holden by Soccage Reveland fo 86. a. Knights fee Feodum militare Is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry the Thirds dayes was 15 l. Cam. Brittan pa. 111. But Sir Thomas Smith in his Repub. Angl. lib. 1. ca. 18. rates it at 40 l. And by the Stat. for Knights 1 Ed. 2. ca. 1. such as had 20 l. per Ann. in Fee or for life might be compelled to be Knights which Stat. is Repealed by 17 Car. 1. ca. 20. Stow in his Annals pa. 285 says There were found in England at the time of the Conquerour 60211 Knights Fees according to others 60215 whereof the Religious Houses before their Suppression were possessed of 28015. Unde octo Carucatae terrae faciunt feodum unius militis Mon. Angl. 2 p. fo 825. a. Of this you may read more in Seldens Titles of Honor fo 691. and Bracton lib. 5. Tract 1. ca. 2. See Coke on Litt. fo 69. a. A Knights Fee contained 12 Plow-lands 2 Part Inst fo 596. or 680 Acres Knighten-gyld Was a Gyld in London consisting of 19 Knights which King Edgar founded giving them a portion of void ground lying without the Walls of the City now called Portsoken-ward Stowes Annals pa. 151. This in Mon. Angl. 2. p. fo 82. a. is written Cnittenegild Kyddiers Anno 13 Eliz. ca. 25. See Kidder Kylyw Et sint quieti de pastu Kylyw omnibus aliis exactionibus quas Forestarii alii Balivi solent exigere Mon. Angl. 1 Par. fo 722. b. Perhaps it might signifie some kind of Pottage for Kele in the North is still used for Pottage L. LAborariis Is a Writ that lies against such as having not whereof to live do refuse to serve or against him that refuseth to serve in Summer where he served in Winter Reg. of Writs fo 189. b. Laches Fr. Lache i. Frigidus Ignavus Signifies slackness or negligence As no Laches shall be adjudged in the Heir within age Litt. fo 136. and Old Nat. Br. fo 110. Where a Man ought to make or do a thing and he makes or does it not I of his Laches cannot have an Assise but must take an Action on the Case See Coke on Litt. fo 246. and 380. b. Lafordswick Sax. Hlaford Dominus swic Proditio Infidelitas erga Dominum A betraying ones Lord or Master In the Lawes of Hen. 1. ca. 13. Quaedam Placita emendari i. Quaedam crimina expiari non possunt Husbrech Bernet Openthefe Eberemorth Lafordswick Which word is also found in Canutus Laws ca. 61. and in some Authors corruptly written Labordfith Laga Sax. Lag Law Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit says Magna Charta Hence Seaxenlage Mercenlage Danelage c. Lageman or Lahman Lagamannus Homo legalis seu legitimus Such as we call now Good men of the Jury I find the word in Domesday and in the Lawes of Edward the Confessor ca. 38. thus Postea inquisisset Justitia per Lagamannos per meliores homines de Burgo c. Lagen Lagena Fleta lib. 2. ca. 8 9. In ancient time it was a Measure of six Sextarii Hence perhaps our Flagen Donatio insuper de sex Lagenis olei annuatim Carta 2 Ed. 3. m. 25. n. 82. See Minstrel Lagon From the Sax. Legan Liggan i. Jacere Is that which lies in the bottom of the Sea See Flotson Lahsâ—it Lagsâ—ite Laghsâ—ite Sax. Lag Lex flite Ruptio The breaking or transgressing the Law and sometimes the punishment for breaking a Law Si quis Dei rectitudines per vim teneat solvat Lahsâ—ite cum dacis plenam Wytam cum Anglis Leg. Hen. 1. ca. 13. Lairwite Lecherwite Legergeldum A Sax. Lagan seu Laegan Concumbere site Mulcta A Fine or Custom of Punishing Offenders in Adultery and Fornication which priviledge did anciently belong to the Lords of some Mannors in reference to their Villains and Tenants which Fleta lib. 1. ca. 47. seems to infer See 4 Inst fo 206. Lammas-day Anno 23 Hen. 8. ca. 4. Is the first of August and so called quasi Lamb-Mass on which day the Tenants that held Lands of the Cathedral-Church of York which is dedicated to St. Peter ad Vincula Were bound by their Tenure to bring a live Lamb into the Church at High-Mass on that day See Gule of August Landa A Laren or open Field without wood Robertus Comes Legrecestriae Radulpho Pincernae omnibus Baronibus fidelibus suis salutem Sciatis me dedisse servo dei Malgero Monacho in Eleemosina parvam Landam quae est inter Lunbreodam Coptieleiam ad Mansiones oratorium ibidem faciend Testibus c. Sine dat Landboc a Sax. Land i. Terra boc Liber A Charter or Deed whereby Lands or Tenements are held or given Ut praefata Abbatissa praenominatam terram scil centum Manentium cum libris quos Angli dicunt Landboc in perpetuam haereditatem traderet Concil Synodale apud Clovesho Anno Dom. 822. Sic Anglo-Saxones Chartas Instrumenta nuncuparunt praediorum cessiones jura firmitates continentia Spel. Landegandman Was one of the inferior Tenants of a Mannor Custumariorum genus seu inferiorum tenentium Manerii says the learned Spelman who adds Occurrit vox in Customar de Hecham Landcheap Sax. Land-cear from Cearan to buy and sell A certain ancient customary Fine paid either in Mony or Cattel at every alienation of land lying within some Mannor or within the liberty of some Borough As at Maldon in Essex there is yet a Custom claim'd by the same name viz. that for certain Houses and Lands sold within that Borough xiii d. in every Mark of the Putchase-Money shall be paid to the Town which Custom of Landcheap is claimed by a Grant inter al. made to that Town by the Bishop of London Anno 5 Hen. 4. The word is also found in Spel. de Concil Vol. 1. fo 502. Somner in his Sax. Dict. says Landceap fortasse precium fundi pacto datum â—el debitum Landgable Sax. Land-gafel Terrae census vel redditus A Tax or Rent issuing out of Land Domesday Census praedialis vel tributum quod a praediis colligitur
satisfy'd before Reg. of Writs fol. 299. Levari facias quando vicecomes returnavit quod non habuit emptores Is a Writ commanding the Sheriff to sell the Goods of the Debtor which he has already taken and returned that he could not sell Reg. of Writs fol. 300. a. Levy Levare Signifies to gather or exact as to levy Money and is sometimes used to erect or set up as to levy a Mill. Kitchin fo 180. Also to raise or cast up as to levy a Ditch Old Nat. Br. fol. 110. And to levy a Fine which is now the usual term but I have seen a Deed where in William St. George Esquire convenants to rere a Fine of the Mannors of Brandon and Wych-hampton Dat. 17 Hen. 6. Lex Bretoise The Law of the Britans or Marches of Wales Lex Marchiarum See Bretoyse Lex deraisnia rectius Deraisina Is the proot of a thing which one denies to be done by him and his Adversary affirms it defeating and confounding the Assertion of his Adversary and shewing it to be without and against reason or probability Juris membrum est Normannici quod in prisco ejusdem Custumario ca. 126. sic definitur Deraisina autem est Lex quaedam in Normania constituta per quam in simplicibus querelis insecutus factum quod a parte adversa ei obiicitur se non fecisse declarat Vide plura ibidem Dereyn Ley gager Anno 1 Car. 1. ea 3. Wager of Law See Law Ley Lex See Law Libel Libellus Litterally signifies a little Book but by use it is the original Declaration of any action in the Civil Law An. 1 Hen. 5. ca. 3 2 Ed. 6. ca. 13. It signifies also a scandalous report of any man cast abroad or otherwise unlawfully published in Writing but then for difference sake it is called famosus libellus an infamous Libel See Cokes Rep. lib. 5. fo 124 125. 3 Inst fo 174. See Rime Libello habendo See Copia libelli deliberanda Liber taurus A free Bull. Compertum per Jur. quod Will. de Losa fuit seisitus de libero Tauro habendo in Hamsted c. Ideo consideratum est quod praedictus W. recuperet damna sua quae taxantur per Iur. ad iv s pro imparcatione ejusdem Tauri c. Norf. 16 Ed. 1. Libera batella A free Boat Per liberam batellam hoc est habere unam cimbam ad piscand subter pontem Cestriae supra Etonam ibidem cum omni genere retium Plac. in Itin. apud Cestriam 14 Hen. 7. Libera chasea habenda Is a Writ judicial granted to a man for a free chase belonging to his Mannor after he has by a Jury proved it to belong to him Reg. of Writs judicial fo 36 and 37. Liberate Is an original Writ issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any annual pension or other summ granted under the Great Seal or to a Sheriff to deliver possession of Lands and Goods extended See Broke tit Taile d' Exchequer 4 Inst fol. 116. Libertate probanda Was a Writ that lay for such as were challenged for Slaves and offer'd to prove themselves free c. Fitz. Nat. Br. fo 77. Villenage and the several appendixes thereof viz. Infranchisement Writs de Nativo habendo Libertate probanda and the pleadings and trials relating thereunto were great Titles in the old Books but now antiquated by time Pref. to Rolls Abridg. Libertatibus allocandis Is a Writ that lies for a Citizen or Burgess that contrary to his liberty is impleaded to have his priviledge allowed Reg. of Writs fo 262. Libertatibus exigendis in itinere Is a Writ whereby the King wills the Justices in Eyre to admit of an Atturney for the defence of another Mans liberty before them Reg. of Writs fo 19. Liberum Herbagium See Herbagium Librata terrae Contains four Oxgangs and every Oxgang 13 Acres Schene verbo Bovata terrae See Fardingdeal Licence to arise Licentia surgendi Is a liberty or space of time given by the Court to a Tenant to arise out of his bed who is essoyned de malo lecti in a real action See Bracton lib. 5. Tract 2. ca. 7. 10 12. And Horns Mirror ca. des Essoins Licentia surgendi is the Writ thereupon Reg. fo 8. Licentia transfretandi Is a Writ or Warrant directed to the keepers of Dover-Port c. willing them to let such pass over-Sea who have formerly obtained the Kings Licence thereunto Reg. of Writs fo 193. Licentia concordandi Anno 12 Car. 2. ca. 12. See Kings-silver Lidford-Law Is grown to a kind of Proverb to hang men first and to indite them afterwards so called from a Town of that name in Cornwal where a Court is held which was heretofore of great extent the course whereof is very summary The like being said of Halifax in the County of York Lieftenant or Lieutenant Locum-tenens The Kings Deputy He that exercises the Kings or any other persons place or represents his person As the Lieutenant of Ireland Anno 4 Hen. 4. ca. 6. and 2 3 Edw. 6. ca. 2. Whence that Officer seems to take his beginning Lieutenant of the Ordnance Anno 39 Eliz. ca. 7. Life-rent Is a Rent or Exhibition which a Man receives either for Term of life or for sustentation of life Nota quod Eschaeta terrarum felonis post annum diem viz. his Life-rent ipso vivente computatur inter bona mobilia Skenaus ad Quon Attach ca. 18. vers 5. Lieges and Liege-people Ligati The Kings Subjects anciently so called because they owe and are bound to pay Allegiance to Him Anno 8 Hen. 6. ca. 10. 14 Hen. 8. ca. 2. and divers other Statutes yet anciently private persons had their Leiges Reinaldus Dei gratia Abbas Ramesiae Praeposito hominibus de Brancestre omnibus vicinis Francis Anglis salutem Sciatis me dedisse terram Ulf in depedene hodie Depedale buic Boselino uxori ejus Alfniae ita bene sicut homines de Brancestre illum testificant verum habuisse ea conditione quod effecti sunt homines Liges Lib. Rames Sect. 244. Omnibus c. Reginaldus Rex Insularum salutem Sciatis quod deveni homo ligeus Domini Regis Angliae Iohannis contra omnes mortales quamdiu vixero inde ei sidelitatem sacramentum praestiti Et in hujus rei testimonium hanc eartam meam inde feci T. Domino F. Wint. Episcopo M. S. penes Wil. Dugdale Ar. See Ligeancy Lierwit See Lairwite Ligeancy Ligantia From the Ital. Liga a League or Bond Vinculum arctius inter subditum Regem utrosque invicem connectens hunc ad protectionem justum regimen illos ad tributa debitam subjectionem Is such a Duty or Fealty as no man may owe or bear to more then one Lord and therefore it is most commonly
an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any Sute in Law as Praemuniri Outlary Villenage professed in Religion Excommunication or because he is a stranger born howbeit the last holds only in actions real or mixt and not in personal except he be a stranger and an Enemy The Civilians say such a Man has not Personam standi in judicio See Brooke hoc tit and Fitz. Nat. Br. fo 35. 65 and 77. Non admittas See Ne admittas Nonage Is all the time of a Mans age under one and twenty years in some cases or 14 in others as Marriage See Broke tit Age. See Age. Non capiendo Clericum See Clericum non capiendo Non-claim Is an omission or neglect of a Man that claims not within the time limited by Law as within a year and day where continual claim ought to be made or within five years after a Fine levied Vide Coke lib. 4. in Proaem and Continual Claim Non compos mentis Is a Man of no sound Memory and understanding of which there are four sorts 1. An Ideot who from his Nativity by a perpetual infirmity Is Non compos mentis 2. He that by sickness grief or other accident wholly loseth his Memory and Understanding 3. A Lunatick that has sometimes his understanding and sometimes not aliquando gaudet lucidis intervallis Lastly He that by his own act for a time deprives himself of his right mind as a Drunkard but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs and a Descent takes away the Entry of an Ideot albeit the want of understanding was perpetual Coke lib. 4. Beverly's Case Non diâ—â—ringendo Is a Writ comprizing divers particulars according to divers cases which you may see in the Table of Reg. of Writs Non est culpabilis Is the general Plea to an action of Trespass whereby the Defendant does absolutely deny the fact charged on him by the Plaintiff whereas in other special Answers the Defendant grants the fact to be done but alleages some reason in his defence why he lawfully might do it And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the Sute of the King or other wherein the Defendant denies the Crime objected to him See New Book of Entries tit non Culp Stamf. pl. Cor. lib. 2. ca. 62. Non est factum Is a Plea to a Declaration whereby a Man denies that to be his deed whereupon he is impleaded Brooke hoc titulo Non implacitando aliquem de libero tenemento fine brevi Is a Writ to inhibit Bailiffs c. from Distreming any Man without the Kings Writ touching his Freehold Reg. of Wrtis 171. b. Non intromittendo quando breve Praecipe in capite subdole impetratur Is a Writ which had dependence on the Court of Wards and therefore now obsolete Reg. of Writs fo 4. b. Non merchandizando victualia Is a Writ directed to the Justices of Assise commanding them to enquire whether the Officers of such a Town do sell Victuals in gross or by retain during their Office contrary to the Statute and to punish them if they find it true Reg. of Writs fo 184. Non molestando Is a Writ that lies for him who is molested contrary to the Kings protection granted him Reg. of Writs fo 24. Non obstante notwithstanding Is a word or clause usual in Statutes and Letters Patent All grants of such PensioÌ„ns and every non obstante therein contained shall be void Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo 196. and Plow Com. fo 501 502. In Henry the Thirds time says Sir Richard Baker the Clause non obstante brought in first by the Pope was taken up by the King in his Grants and Writings See Pryns Animadversions on fourth Inst fo 129. Non omittas Is a Writ lying where the Sheriff delivers a former Writ to a Bailiff of a Franchise in which the party on whom it is to be served dwels and the Bailiff neglects to do it In this case the Sheriff returning that he delivered it to the Bailiff this shall be directed to the Sheriff charging him to execute the Kings command himself Old Nat. Br. fo 44. Of this the Reg. of Writs has three sorts fo 82. b. 151. Non ponendo in Assisis Juratis Is a Writ founded upon the Stat. Westm 2. ca. 38. and the Stat. Articuli super Chartas ca. 9. which is granted upon divers causes to Men for the freeing them from serving upon Assises and Juries as by reason of old age c. See Fitz. Nat. Br. fo 165. and Reg. fo 179. 181. Non procedendo ad Assisam Rege inconsulto Is a Writ to stop the Trial of a Cause appertaining to one who is in the Kings service c. until the Kings pleasure be farther known Reg. fo 220. Non residentia pro Clericis Regis Is a Writ directed to the Ordinary charging him not to molest a Clerk imployd in the Kings Service by reason of his Non-residence Reg. of Writs fol 58. b. Non Residence Anno 28 Hen. 8. cap. 13. Is applied to those Spiritual Persons that are not Resident but do absent themselves by the space of one Moneth together or two Moneths at several times in one year from their Dignities Prebends or Benefices For Regularly Personal Residence is required of Ecclesiastical Persons upon their Cures See 2 Part Instit fol. 625. Non solvendo pecuniam ad quam Clericus mulctatur pro non Residentia Is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the Kings for Non-residency Reg. of Writs fol. 59. Non-sute i Non est Prosecutus c. Is a Renunciation of the Sute by the Plaintiff or Demandant most commonly upon the discovery of some Error or Defect when the Matter is so far proceeded in as the Jury is ready at the Bar to deliver their Verdict Anno 2 Hen. 4. cap. 7. See the New Book of Entries verbo Nonsute The Civilians term it Litis Renunciationem Non-tenure Is an Exception to a Count by saying That he holdeth not the Land mentioned in the Count or at least some part of it Anno 25 Edw. 3. stat 4. cap. 16. West par 2. Symb. tit Fines sect 138. Mentions Non-tenure general and Non-tenure special This is an Exception alleaging that he was not Tenant the day whereon the Writ was purchased General is where one denies himself ever to have been Tenant to the Land in question See New Book of Entries Aerbo Non tenure Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae Is an Exception taken to any Act declared by the Plaintiff or Demandant to be done by another and whereon he grounds his Plaint or Demand And the effect of
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Tenement I do thereby foregoe or quit the Possession and if I condition with the Lessee that for non-payment of the Rent at the day it shall be lawful for me to re-enter this is as much as if I conditioned to take again the Land into my own hands and to recover the possession by my own fact without the assistance of Judge or Process Reer-County See Rier County Re-extent Is a second Extent made upon Lands or Tenements upon complaint made that the former Extent was partially executed Brook tit Extents fo 313. Regal fishes Anno 1 Eliz. ca. 5. Are Whales and Sturgeons some add Porpusses The King by His Prerogative ought to have every Whale cast on shore or Wrecked in all places within this Realm unless granted to Subjects by special words as a Royal-fish The King himself shall have the Head and Body to make Oyl and other things and the Queen the Tail to make Whalebones for her Royal Vestments Pat. 1 Edw. 1. m. 25. dorso See Tract de Auro Reginae pa. 127. Regalia Anno 13 Eliz. ca. 16. Dicuntur jura omnia ad fiscum spectantia The Rights of a King which the Civilians say are six 1. Power of Judicature 2. Power of Life and Death 3. All kind of Arming 4. Masterless Goods 5. Assessments 6. And the value of Money See Royalties Also the Crown Scepter with the Cross Scepter with the Dove St. Edwards Staff four several Swords the Globe the Orbe with the Cross and other such like used at the Coronation of our Kings are called Regalia See the Relation of the Coronation of King Charles the Second in Bakers Chron. Regalis Justicia Item praefati Barones sc Quinque Portuum habere debent ut asserunt per Chartam suam Regalem Justiciam in villa Gernemuth tempore Feriae una cum Balivo seu Praeposito villae praedictae viz. Cognitionem Assisae panis ulnarum ponderum alidrum mensurarum similiter voide Strand Denne secundum consuetudines suas usitataâ— c. Rot. Parl. 8 Ed. 2. Nu. 262. Regardant Villain regardant was called regardant to the Mannor because he had the charge to do all base villanous services within the same and to see the same freed of all filthy and loathsome things that might annoy it Coke on Litt. fo 120. This word is onely applyed to a Villain or Neif yet in old Books it was sometimes apply'd to Services ibid. Regard Regardum Rewardum from the Fr. Regard i. Aspectus respectus though it has a well-known general signification of any care or respect yet a special also wherein 't is used onely in matters of the Forest and there two wayes one for the Office of the Regarder the other for the compass of ground belonging to the Regarders charge Cromp. Jurisd fo 175. 199. Touching the former thus Manwood The Eyre general Sessions of the Forest or Justice seat is to be kept every third year and of necessity the Regarders of the Forest must first make their Regard which must be done by the Kings Writ And the Regarder is to go through the whole Forest and every Bailywic to see and enquire of the Trespasses therein ad videndum ad inquirendum ad imbreviandum ad certificandum c. Part 1. Pa. 194 198. Touching the second the compass of the Regarders charge 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 which are no part thereof and those are without the Regard Manwood Part 2. ca. 7. num 4. Anno 20 Car. 2. ca. 3. HEnricus Rex Anglorum omnibus Forestariis suis de Glocestershire salutem Sciatis me concessisse praesenti carta confirmasse Ecclesiae S. Jacobi de Bristowa in qua sepultus est Robertus Comes Glocestriae avunculus meus Monachis ibidem Deo servientibus pro salute mea pro anima ipsius Comitis quod terra ipsius Ecclesia Monachorum in ea Deo servientium de Cisseleia boscus ejusdem terrae sint quieta de Rewardo decimationis exigentia pro Essartis Et prohibeo ne inter Assarta amodo computetur Teste Roberto Episcopo Winton Regarder Regardator Fr. Regardeur i. Spectator Is an Officer of the Kings Forest who is sworn to make the Regard of it as has been used in ancient time and 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 all other Officers of the Kings Forest concerning the Execution of their Offices c. More particulars of the Regarders Office how he is chosen and the form of his Oath see in Manwood par 1. pag. 188. 195. 207. Cromp. Juris fol. 153. Regio Assensu Is a Writ whereby the King gives His Royal Assent to the Election of a Bishop or Abbot Reg. of Writs fol. 294. b. Registry Registrum from the old Fr. Gister i. In lecto reponere suo loco constituere Signifies the Office Books and Rolls wherein the proceedings of the Chancery or any Spiritual Court are recorded The Writer and Keeper whereof is called the Register in Latin Registrarius Register is also the name of a Book wherein are expressed most of the Forms of Writs used at the Common Law called the Register of the Chancery of which thus Spelman Codex dicitur quo Brevia Regia tam originalia quam judicialia formularum inscribuntur Hujus Codicis me minit Westm 2. cap. 24. 25. This Register is one of the most ancient Books of the Common Law according to Coke on Littl. fol. 159. Register of the Parish Church Registrum Ecclesiae Parochialis Is that wherein Baptisms Marriages and Burials are in each Parish overy year orderly Registred Which was laudably instituted by the Lord Cromwel in September Anno 1538. While he was Viccar-General to King Henry the Eight Regius Professor Anno 12 Car. 2. ca. 17. Henry the Eight founded Five Lectures in each University viz. Of Divinity Hebrew Greek Law and Physick the Readers of which Lectures are called in the University Statutes Regii Professores Regrator Regratarius Fr. Regrateur Did anciently signifie such as bought by great and sold by retail Anno 27 Edw. 3. stat 1. cap. 3. But now it signifies him that buys and sells any Wares or Victuals in the same Market or Fair or within four miles thereof Anno 5 Edw. 6. cap. 14. 13 Eliz. 25. In the Civil Law he is called Dardanarius a Dardano quodam hujus sceleris authore In ancient time both the Ingrosser and Regrator were comprehended under the word Forestaller 3 Inst 195. Rehabere facias seisinam quando Uicecomes liberabit seisinam de majore parte quam deberet Is a Writ Judicial Reg. of Writs Judic fol. 13. 51. There is another Writ of this Name and Nature fol. 54. Rehabilitation Anno 25 Hen. 8. cap. 21. Is one of those
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See Law see Make. Tenementis Legatis Is a Writ that lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
morum Was wont to be the name of the Regarders Office in ancient time Manwood Par. 1. pa. 195. See Regarder Uisne Vicinetum Signifies a Neighbour-place or a place near at hand Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant qui olim intelligebantur de eadem villa sive adjacentibus atque alias de eodem Hundredo vel proximit modo vero de eodem pago sive Comitatu 〈◊〉 hoc est compagenses Spelm. See Venew Uisu Franciplegii Is a Writ to exempt him from coming to the View of Frankpledge who is not resident within the Hundred For men are bound to this View by reason of their habitation and not of Lands held where they dwell not Reg. of Writs fo 175. Uitteller alias Uictualer Victualarius al. Vitellarius Is he that sells Victuals for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade bearing a Magistracy in any Town Corporate Uiva pecunia Anciently used for live Cattle See Pecunia Uiva voce See Deposition Uivary Vivarium Signifies a place on Land or Water where living things are kept In Law it most commonly signifies a Park Warren Fish-pond or Piscary Cokes second part Inst fol. 100. Haec est conventio inter Priorem Conventum Canonicorum de Rudham Rogerum de Glanvilla de Molendino stagno de Thorp sc quod Canonici reddent annuatim praefato Rogero 7 sol quemadmodum pater ejus Robertus de Glanvilla solebat habere tempore Michaelis Prioris si Rogerus de Glanvilla fuerit in Ructon vel uxor ejus ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm. Ulnage See Alnage Uncore prists Is a Plea for the Defendant being sued for a debt due at a day past to save the forfeiture of his Bond saying he tendred the debt at the time and place and that there was none to receive it and that he is yet also ready to pay the same 7 Edw. 6. 83 Dyer See Unques prist Uncuth Sax. Unknown It is used in the ancient Saxon Laws for him that comes to an Inn guest-wise and lies there but one night in which case his Host was not bound to answer for any offence he committed whereof he was guiltless himself See Lamb. Archai fol. 133. num 7. Item secundum antiquam consuctudinem dici poterit de familia alicujus qui hospes fuerit cum alio per tres noctes quia prima nocte poterit dici Uncuth Secunda vero Gust tertia nocte Hoghenehine Bracton lib. 3. cap. 10. num 2. See Thirdnightawnhine Unde nihil habet Is a Writ See Dote unde nihil habet Under-chamberlain of the Exchequer Is an Officer there that cleaves the Tallies written by the Clerk of the Tallies and reads the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true he also makes searches for all Records in the Treasury and hath the custody of Domesday Book There are two Officers there of this name Under Sheriff Subvicecomes See Sheriff Under sitter Is an Inmate See Inmate Undertakers Were such as were employed by the Kings Purveyors as their Deputies Anno 2 3 Phil. Ma. cap. 6. And such as undertake any great work as draining of Fens c. Anno 43 Eliz. cap. 11. Under Treasurer of England Vicethesaurarius Angliae Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer as in 35 Eliz. In the vacancy of the Lord Treasurers Office he does all things in the Receipt that the Lord Treasurer doth Anciently he did Chest up the Kings Treasure at the end of every Term and note the content of Money in each Chest and see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer c. Uniformity Uniformitas One form of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies in the Church of England prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4. Union unio Is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and Incumbent But there are two other sorts of it as when one Church is made subject to the other and when one Man is made Rector of both and when a Conventual is made Cathedral as you may read in the Gloss of the Chapter Licet de locato conducto in Lyndwoods Provincials Sect. Et quia In the first signification by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consolidation of two Churches in one whereof the value of the one is not above six pounds in the Kings Books of the First Fruits and not above one mile distant from the other And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess Major Bailiff c. of any City or Corporate Town and the Patron or Patrons to unite two Churches or Chappels in any such City Town or the Liberties thereof provided such Union shall not be good if the Churches so united exceed the sum of One hundred pound per annum unless the Parishioners desire otherwise c. Unity of Possession Signifies a Joynt-possession of two Rights by several Titles As if I take a Lease of Land from one upon a certain Rent afterwards I buy the Fee-simple this is an Unity of Possession whereby the Lease is extinguished by reason that I who had before the occupation onely for my Rent am become Lord of the same and am to pay my Rent to none but my self University Universitas Is most usually taken for those two Bodies which are the Nurseries of Learning and Liberal Sciences in this Realm Oxford and Cambridge endowed with great favors and priviledges as appears not onely by Anno 2 3 Ph. Mar. cap. 15. 13 Eliz. cap. 21. 18 Ejusdem cap. 6. But much more by their several Charters granted by divers pious and munificent Kings of this Land Anno 14 Car. 2. cap. 4. Unlage Sax. Un-laga A wicked or unjust Law In which sence the word occurs in LL. Hen. 1. cap. 34. 84. Unlawful Assembly Illicita Congregatio Is the meeting of three or more persons together with force to commit some unlawful Act and abiding together though not endeavoring the execution of it as to assault or beat any person to enter into his House or Land c. West par 2. Symbol tit Indictments sect 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem cap. 1. If five persons or more shall be Assembled together above those of the Family at any Conventicle or Meeting under colour of any Exercise of Religion it is unlawful and punishable by Fines and otherwise as in
pascuis sayes Spel. So in an ancient Charter of Garradon-Abby in Leicestershire Dat. 14 Ed. 3. There is mention of the wicket-wong which is a large piece of enclosed ground lying before the Abby-gate still reteiniug the name See VVang Woodgeld VVoodgeldum Seems to be the gathering or cutting wood within the Forest or Money paid for the same to the Foresters And the immunity from this by the Kings Grant is by Crompton called Woodgeld fo 157. Coke on Litt. fo 233. a. sayes it signifies to be free from payment of money for taking of VVood in any Forest Woodmen Are those in the Forest who have charge especially to look to the Kings woods Crom. Jur. fo◠146. Woodmote Court Is the Court of Attachment of the Forest Manw. Par 1. pa. 95. See Attachment UUood-plea Court Is a Court held twice a year in the Forest of Clun in Com. Salop for determining all matters of wood and agistment there and was anciently perhaps the same with VVoodmote Court UUoodward VVoodwardus Is an Officer of the Forest whose Function you may understand by his Oath set down in Crom. Jur. fo 141. YOu shall truely execute the Office of a VVoodward of B. woods within the Forest of VV. so long as you shall be Woodward there you shall not conceal any offence either in Vert or Venison that shall be committed or done within your charge but you shall truely present the same without any favour affection or reward And if you see or know any Malefactors or find any Deer killed or hurt you shall forthwith do the Verderor to understand thereof and you shall present the same at the next Court of the Forest be it Swainmote or Court of Attachments So help you God VVoodwards may not walk with Bow and Shafts but with Forest Bills Manwood par 1. pa. 189. Arcum calamos gestare in Foresta non licet sed ut rescripti utar verbo Hachettum tantummodo Sic Term. Hill Anno 13 Ed. 3. Ebor. rot 106. Wool-drivers Anno 2 3 Ph. Ma. ca. 13. Are those that buy Wool abroad in the Country of Sheepmasters and carry it on horseback to the Clothiers or to Market-Towns to sell again Woolstaple Anno 51 Hen. 3. Stat. 5. That City or Town where wooll was sold See Staple Wool-winders Are such as wind up every Fleece of wooll that is to be packed and sold by weight into a kind of bundle after it is cleansed in such manner as it ought to be by Statute and to avoid such deceit as the owners were wont to use by thrusting in locks of refuse wool and other dross to gain weight they are Sworn to perform that office truly between the owner and the buyer See the Statute 8 H. 6. ca. 22. 23 Hen. 8. ca. 17. and 18 Eliz. ca. 25. Wranglands Seen to be misgrown Trees that will never prove timber Kitchin fo 160 〈◊〉 Wreck Wreccum maris Sax. ƿraec i. Detortum abdicatum Is where a ship is perish'd on the Sea and no man escapes alive out of it if any part of the Ship or any of the Goods that were in it are brought to Land by the Waves they belong to the King by His Prerogative or to such other person to whom the King has granted Wreck But if a man a Dog or a Cat escape alive so that the owner come within a year and a day and prove the Goods to be his he shall have them again by provision of the Statute of VVestm 1. ca. 4. 17 Ed. 2. ca. 11. See Coke Vol. 6. fo 106. a. Bracton lib. 2. ca. 5. num 7. Edouardus Conf. Ringsted cum libertate adjacente omni maris ejectu quod Wrec dicitur Ecclesiae Ramesiensi largitus est Lib. Ramesien Sect. 95. By which and other Antiquities it appears that VVrec did not onely comprehend Goods that came from a perishing Ship but whatever else the Sea did cast upon the Land were it precious Stones Fishes or the like For in the Statuto Praerog Regis ca. 11. we read Rex habebit Wreckum maris per totum regnum Balenas Sturgiones captas in mari vel alibi infra regnum exceptis quibusdam privilegiatis locis per Regem See Rot. Cart. 20. Hen. 3. m. 3. Rot. Cart. 4 Hen. 3. m. 6. Pat. 40. H. 3. in Dorso m. 1. This in the Grand Customary of Normandy ca. 17. Is called Uarech and Latined Veriscum and in some of our ancient Charters it is written Seupwerp quasi Sea-up-werp i. Ejectus maris from Up-werpen ejicere In the Statute 27 Hen. 8. ca. 26. it is called VVreke de mer. See 2 Inst fo 167. Writ Breve Is the Kings precept whereby any thing is commanded to be done touching a Sute or Action as the Defendant or Tenant to be summoned a Distress to be taken a Disscisin to be redressed c. And these VVrits are variously divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original VVrits are those which are sent out of the high Court of Cnancery for summoning the Defendant in a personal or Tenant in a real Action before the Sute begins or to begin the Sute thereby Those are Judicial which are sent out by order of the Court where the Cause depends upon emergent occasion after the Sute begun Old Nat. Br. fo 51 147. And judicial are thus known from Original because their Teste bears the name of the Chief Justice of that Court whence it comes whereas the Original saith Teste meipso in the name or relating to the King and according to the nature of the Action they are personal or real real are either touching the possession called VVrits of Entry or the property called VVrits of Right Some VVrits are at the Sute of the Party some of Office Some ordinary some of priviledge A VVrit of Priviledge is that which a privileg d person brings to the Court for his exemption by reason of some priviledge See Procedendo and New Book of Entries verbo Priviledge See Brief Writ of Rebellion See Commission of Rebellion Writ of Assistance issues out of the Exchequer to authorise any person to take a Constable or other publick Officer to seize Goods or Merchandise prohibited and uncostomed c. Stat. 14 Car. 2. ca. 11. Writer of the Tallies Scriptor Talliarum Is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writes upon the Tallies the whole Letters of the Tellers Bills Wudhepec See Pudhepeck Wulvesheved Contractius Wulveshead Sax. ƿlfe lupus heofod caput i. Caputlupinum Was the condition of those who were outlaw'd for Criminal matters in the Saxons time or not yielding themselves to Justice For if they could have been taken alive they must have been brought to the King and i. they for fear of being apprehended did defend themselves they might be slain and their heads brought to the King For their head was no more to